������ýapp�ٷ�

In 2024, Utah enacted .

HB 414 Bill Summary

HB 414 provides robust due process protections for students at public colleges and universities who are accused of misconduct and students who allege that they are victims of campus misconduct. These protections apply when a case could result in a suspension of 10 or more calendar days, or expulsion from the institution. HB 414 also provides important procedural safeguards for student organizations facing suspension or the revocation of institutional recognition.

Key Provisions

FIRE and student organizations shall be entitled to:

• active assistance of an attorney or non-attorney advocate, who may make opening and closing statements during a disciplinary hearing, examine and cross-examine witnesses, introduce relevant evidence, and provide support and advice;
• an express presumption of innocence that remains until either the student admits responsibility or the institution proves every element of an alleged violation;
• advance notice of the charges; 
• all material evidence in the institution’s possession, including both inculpatory and exculpatory evidence; and
• an express prohibition on conflicts of interest for investigators and the commingling of the judge and investigator roles, precluding the use of the problematic “single investigator model.”

FIRE Commentary

• Utah enacts ������ýapp�ٷ�’s model bill, protects due process rights on campus