House enacts student-rights measure for higher-education disciplinary proceedings

Lawmakers on Feb. 20 passed first substitute House Bill 414, a measure codifying certain procedural protections for students facing disciplinary proceedings in higher education.

Representative Tuscher, the sponsor, said the bill formalizes practices already common at Utah institutions and adds protections such as the right to legal representation or a non-attorney advocate, notice of rights and access to inculpatory and exculpatory evidence before proceedings begin. The substitute includes new language protecting victims’ personal medical and therapy records from being used in proceedings and restricting subsequent disclosure of evidence presented in disciplinary hearings.

Representative Wilcox asked whether the bill applies to K–12 adjudications; Tuscher and the sponsor clarified the measure applies only to higher education. Representative King asked about changes to governmental immunity; the sponsor explained that the substitute clarifies that government-employee immunity for official acts does not automatically apply in countersuits brought against employees in their personal capacity.

Members said they worked with higher-education institutions and victim-advocacy groups to refine the language. The House adopted the substitute and passed final passage 69–0; HB414 will be transmitted to the Senate for consideration.

What’s next: HB414 moves to the Senate; sponsors said institutions were consulted during drafting and that additional implementation questions will be handled administratively.