R263-1 Purpose: This rule establishes a procedure whereby a student enrolled in a public institution of higher education may petition the Board of Higher Education to review a policy that directly affects the student’s enumerated civil liberties, which the student believes the institution adopted without first establishing an administrative rule governing the enumerated civil liberty.

R263-2 References

2.1 Utah Code Title 53B, Chapter 27, Part 3

R263-3 Review Process

3.1 Students enrolled at a public institution of higher education who believe the institution has adopted a policy that directly impacts one of their enumerated civil liberties but which is not governed by an existing administrative rule may petition the Board of Higher Education for a review.

3.2 To file a petition for review, a student will send a written request that identifies the policy for which a review is requested to review@ushe.edu.  Within 30 days of receiving the complaint, the Commissioner of Higher Education’s office, on behalf of the Board of Higher Education, will:

3.2.1 Review the petition to determine if it is made in good faith;

      3.2.1.1  Bad faith petitions shall be dismissed.

3.2.2  Determine if the institution has established an administrative rule that adopts or governs the policy; and

3.2.3  If the institution lacks a governing administrative rule, direct the institution to initiate rulemaking within 60 days of the decision.

Adopted September 13, 2019