Higher Education (Utah Board of)

Administration

Rule 130: Equal Opportunity Initiatives

Effective Date:

Admin. Code Reference: R765-130

Rule Type: Proposed Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58100

Rule or section number:

R765-130

1. Agency Information

Title catchline:

Higher Education (Utah Board of), Administration

Building:

Utah Board of Higher Education Building, The Gateway

Street address:

60 S 400 W

City, state:

Salt Lake City, UT 84101

2. Contact Persons

Name:

Phone:

Email:

Hilary Renshaw

801-646-4784

Hilary.renshaw@ushe.edu

Alison Adams

801-646-4784

Alison.adams@ushe.edu

Geoffrey T. Landward

801-646-4784

Glandward@ushe.edu

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R765-130. Equal Opportunity Initiatives

B. Purpose of the new rule or reason for the change:

This filing amends Rule R765-130 based on revisions passed by the Utah Board of Higher Education (UBHE).

The revisions update and clarify the complaint process related to the submission of reports alleging a violation of the Equal Opportunity Initiatives in Utah Code by a Utah System of Higher Education (USHE) institution to the Office of the Commissioner of Higher Education (OCHE).

The amendments also make other updates to the complaint procedures, including necessary action that may be taken by the OCHE Compliance Director, any necessary evidence gathering, and the implementation of remediation plans when such plans are necessary in alignment with Utah law.

C. Summary of the new rule or change:

The amendments to Rule R765-130 include revisions to the language of this rule that clarify where reports can be submitted about an alleged violation of the Equal Opportunity Initiatives in Utah Code and that the OCHE will review those reports.

The amendments also update the complaint process to explain that if the OCHE compliance director determines there is a preponderance of the evidence that a Utah System of Higher Education (USHE) institution engaged in a violation of the Equal Opportunity Initiatives in Utah Code, the compliance director will work with the institution within 30 days to create a remediation plan in alignment with Utah law.

Finally, the revisions to Rule R765-130 clarify what information is submitted in the report to the Higher Education Appropriations Subcommittee and make technical edits for clarity and consistency.

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

The amendments to Rule R765-130 will not have any fiscal impact on the state budget.

There is no fiscal impact on the state budget because the rule updates and clarifies the process related to the submission of a report of an alleged violation of the Equal Opportunity Initiatives in Utah Code by USHE institutions and the resulting review and complaint process.

The changes made to the provisions of this rule do not require funding or appropriations and as such, they do not create any cost or savings for the state budget.

B. Local governments:

The amendments to Rule R765-130 will not have any fiscal impact on local governments.

There is no fiscal impact on local governments because the rule updates and clarifies the process related to the submission of a report of an alleged violation of the Equal Opportunity Initiatives in Utah Code by USHE institutions and the resulting review and complaint process.

The changes made to the provisions of this rule do not require funding or appropriations and as such, they do not create any cost or savings for local governments.

C. Small businesses ("small business" means a business employing 1-49 persons):

The amendments to Rule R765-130 will not have any fiscal impact on small businesses.

There is no fiscal impact on small businesses because the rule updates and clarifies the process related to the submission of a report of an alleged violation of the Equal Opportunity Initiatives in Utah Code by USHE institutions and the resulting review and complaint process.

The changes made to the provisions of this rule do not require funding or appropriations and as such, they do not create any cost or savings for small businesses.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

The amendments to Rule R765-130 will not have any fiscal impact on non-small businesses.

There is no fiscal impact on non-small businesses because the rule updates and clarifies the process related to the submission of a report of an alleged violation of the Equal Opportunity Initiatives in Utah Code by USHE institutions and the resulting review and complaint process.

The changes made to the provisions of this rule do not require funding or appropriations and as such, they do not create any cost or savings for non-small businesses.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

The amendments to Rule R765-130 will not have any fiscal impact on persons other than small businesses, non-small businesses, state, or local government entities.

There is no fiscal impact on persons other than small businesses, non-small businesses, state, or local government entities because the rule updates and clarifies the process related to the submission of a report of an alleged violation of the Equal Opportunity Initiatives in Utah Code by USHE institutions and the resulting review and complaint process.

The changes made to the provisions of this rule do not require funding or appropriations and as such, they do not create any cost or savings for persons other than small businesses, non-small businesses, state, or local government entities.

F. Compliance costs for affected persons:

The amendments to Rule R765-130 will not impose any compliance costs on affected persons.

There are no compliance costs because this rule provides procedures for the submission and processing of reports of alleged violations of the Equal Opportunity Initiatives in Utah Code by USHE institutions and the changes made to the provisions of this rule do not create any such compliance costs.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

The Commissioner of the Utah System of Higher Education, Geoffrey Landward, has reviewed and approved this regulatory impact analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Section 53H-1-102

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

08/14/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

08/21/2026

13. Agency Authorization Information

Agency head or

designee and title:

Alison Adams, Board Secretary and

Designee

Date:

06/29/2026

R765. Higher Education (Utah Board of), Administration.

R765-130. Equal Opportunity Initiatives.

R765-130-1. Purpose.

This rule outlines compliance obligations and establishes a procedure for accepting and processing an individual's complaint against a Utah System of Higher Education institution for an alleged violation of the Equal Opportunity Initiatives found in Sections 53H-1-502, 53H-1-503, and

53H-1-504.

R765-130-2. Authority.

This rule is authorized by Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

R765-130-3. Definitions.

"Institution" means an institution of higher education under Section 53H-1-102.

R765-130-4. Compliance Obligations.

(1) Institutions are required to comply with Sections 53H-1-502, 53H-1-503, and 53H-1-504.

(2) The Utah Board of Higher Education shall comply with requirements in Subsections:

(a) 53H-1-502(7)(a) through (b);

(b) 53H-1-502(8)(a) through (b);

(d) 53H-1-502(6)(a) through (b);

(e) 53H-1-504(4);

(f) 53H-1-504(6)(a)(i) through (ii);

(g) 53H-1-504(6)(b);

(h) 53H-1-504(12)(a)(i) through (ii); and

(i) 53H-1-504(13)(a) through (b).

R765-130-5 Complaint Procedures.

(1) An individual may submit a report alleging a violation of the Equal Opportunity Initiatives in Section 53H-1-502, 53H-1-503, or 53H-

1-504 through an [E]ethics [P]point and compliance reporting hotline established by[or contact] the [Utah Board of Higher Education's Secretary to

discuss other reporting options]Office of the Commissioner of Higher Education (OCHE).

(2) OCHE will include a link to the ethics and compliance reporting hotline in a conspicuous location on its website.

(3) The [Office of the Commissioner of Higher Education (]OCHE[)] Compliance Director will review the report and determine whether it

includes a credible allegation of a violation of Section 53H-1-502, 53H-1-503, or 53H-1-504.[ If the allegation is credible, then the Commissioner

will assign an investigator.

(3)](4) If the report includes a credible allegation, the OCHE Compliance Director[The investigator] will gather relevant evidence to

determine whether there is preponderance of the evidence the institution engaged in a violation of the Equal Opportunity Initiatives in Section 53H-1-

502, 53H-1-503, or 53H-1-504.

[(4) The investigator will issue a written report outlining the allegations, relevant evidence, and whether there is a preponderance of the

evidence that the institution engaged in prohibited conduct under Section 53H-1-502, 53H-1-503, or 53H-1-504.]

(5) If the [Board]OCHE Compliance Director determines [the institution violated Section 53H-1-502, 53H-1-503, or 53H-1-504,]there is a

preponderance of the evidence that the [Board will work with the ]institution engaged in a violation of the Equal Opportunity Initiatives in Section

53H-1-502, 53H-1-503, or 53H-1-504, the OCHE Compliance Director will work with the institution[,] on or before 30 days after that determination,

to create a remediation plan. [and will give t]The institution will have 180 days after the day the institution receives the remediation plan to cure the

violation as required under Subsection 53H-1-502(7)(b), 53H-1-503(5)(b), or 53H-1-504(7)(b). The institution shall provide written documentation to

the OCHE Compliance Director[Board] outlining the steps the institution took to cure the violation.

R765-130-6. Report to Higher Education Appropriations Subcommittee.

On or before November 1 of each year, the Board shall submit a report to the Higher Education Appropriations Subcommittee that includes the allegations of noncompliance received by OCHE; the review process and OCHE's determination of[,] each institution's compliance[

determination,]; or if a violation is identified, the violation, the status of the remediation plan, and the progress the institution made to cure the

violation during the applicable review period.

KEY: education

Date of Last Change: [March 15, ]2026

Authorizing, and Implemented or Interpreted Law: 63G-3; 53H-1-502; 53H-1-503; 53H-1-504

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