Utah bill H.B. 414, titled “DUE PROCESS AMENDMENTS” and sponsored by Rep. Jordan D. Teuscher, has been signed by Governor Spencer Cox. FIRE’s Lead Counsel for Government Affairs Tyler Coward spoke in favor of the bill – which he described as providing basic due process rights – at the House Judiciary Committee during floor debates (video).

The bill affects accused students, complainants, and accused student organizations. It emphasizes the presumption of innocence, active assistance of advisors (as opposed to advisors being “potted plants”), and prohibitions on conflicts of interest. Here are a few key provisions:

• Schools may not prohibit students or accused student organizations from being represented by attorney and non-attorney advisors
• Schools are required to notify students that they are entitled to a presumption of innocence, and accused student organizations are also entitled to the same presumption
• Schools must ensure accused students, complainants, and accused organizations “access to all material evidence that is in the institution’s possession, including both inculpatory and exculpatory evidence, unless the material is subject to a legal privilege, no later than one week before the day on which a proceeding begins.”
• Personal medical records, mental health records, therapy notes, or journals may not be used unless that party consents.
• Disciplinary proceedings must be free of conflicts of interest, which includes a single employee from acting as an adjudicator, hearing officer, or appellate hearing officer if they have served as an advocate or advisor for either the complainant or respondent, an investigator, or an institutional prosecutor. The school must allow the parties an opportunity to raise objections.

The Utah Attorney General’s office can seek an injunction if the school violates the provisions of this bill within one year of the violation.

Read the full bill here and FIRE’s announcement here. You can see various due process laws by state at the SAVE website.