In March 2024, Utah Governor Teuscher signed HB 414 into law, providing enhanced protections to Utah higher education students accused of violations or misconduct. Specifically, the bill provides: 

• Expansive rights to be represented by counsel. 
• A presumption of innocence of charges. 
• Privacy protections for student health records. 
• Protections against hearing officers with conflicts of interest. 
• The right to see all evidence tending to prove either guilt or innocence.  

The Lento Law Firm is a nationwide firm of experienced education attorneys. We represent students accused of code of conduct violations or other misconduct. The Lento Law Firm Student Defense Team can help stop school, college, and university disciplinary actions. Call 888.535.3686 or provide your details online, and we will contact you. 

Right to Legal Counsel 

The new Utah law protects the rights of students or organizations accused of code violations or misconduct to be represented by legal counsel. The law further protects the attorney's role in the process, guaranteeing the right to argue and examine witnesses, among other things.  

Presumption of Innocence 

The new law clarifies that students are presumed innocent until the college proves all elements of the charges against them. If the school fails to do this, the student must prevail.  

Privacy Protections for Student Health Records 

A Utah student's medical and mental health records cannot be used at the due process hearing without the student's consent. The college may not use a student's mental health records against them at the hearing to prove allegations.  

Right to Notice and Access to Evidence 

A Utah student or organization must be given clear notice of the charges and evidence against them in a disciplinary proceeding. The new law requires that the college disclose evidence that tends to prove either the student's guilt or innocence of the charges. This prevents surprise “gotcha” moments at the hearing and also prevents the college from hiding exculpatory evidence.  

Neutral Hearing Officer/Conflict of Interest 

The new law has broad protections ensuring neutral decision-makers at a due process hearing. The hearing officer must not have a conflict of interest and cannot be an “alter ego” of the school or college. This provision prevents the use of a “single investigator model” in which the roles of investigator and hearing officer are combined.  

Conclusion 

Taken as a whole, these protections are great news for any Utah higher education student accused of code violations or misconduct. However, to take full advantage of the new legal protections, a student may need an experienced attorney who recognizes due process violations and objects to them in a timely way.  

The Lento Law Firm Defends Students 

If you are a student or the parent or guardian of a student facing a code of conduct violation or other misconduct allegations, the Lento Law Firm can help. The Lento Law Firm Student Defense Team can help you defend against charges and assert your rights. Call 888.535.3686 or provide your details online, and we will contact you.