Utah § 67-21-3.7 - Administrative review for institution of higher education employees.
Full text of Utah Utah Code § 67-21-3.7 — Administrative review for institution of higher education employees., with citation guidance and answers to common questions.
§ 67-21-3.7. Administrative review for institution of higher education employees.
Effective 10/14/2025 67-21-3.7.
Administrative review for institution of higher education employees.
(1)
(a)
As used in this section, "independent personnel board" means a board where no member of the board:
(i)
is in the same department as the complainant;
(ii)
is a supervisor of the complainant; or
(iii)
has a conflict of interest in relation to the complainant or an allegation made in the complaint.
(b)
An institution of higher education shall adopt a policy to establish an independent personnel board to hear and take action on a complaint alleging retaliatory action.
(c)
The policy described in Subsection (1)(b) shall include:
(i)
procedures for filing a complaint and conducting a hearing; and
(ii)
a burden of proof on the employer to establish by substantial evidence that the employer's action was justified by reasons unrelated to the employee's good faith actions under Section 67-21-3.
(2)
(a)
An employee of an institution of higher education may file a complaint with the independent personnel board described in Subsection (1)(b) alleging retaliatory action.
(b)
An independent personnel board that receives a complaint under Subsection (2)(a) shall hear the matter, resolve the complaint, and take action under Subsection (3) within the later of:
(i)
30 days after the day on which the employee files the complaint; or
(ii)
a longer period of time, not to exceed 30 additional days, if the employee and the independent personnel board mutually agree on the longer time period.
(3)
If an independent personnel board finds that retaliatory action is taken in violation of the policy described in Subsection (1)(b), the independent personnel board may order, or recommend to a final decision maker:
(a)
reinstatement of the employee at the same level as before the retaliatory action;
(b)
the payment of back wages;
(c)
full reinstatement of fringe benefits;
(d)
full reinstatement of seniority rights; or
(e)
if the retaliatory action includes failure to promote, as described in Subsection 67-19a-101(11)(d), a pay raise that results in the employee receiving the pay that the employee would have received if the person had been promoted.
(4)
A final decision maker who receives a recommendation under Subsection (3) shall render a decision and enter an order within seven days after the day on which the final decision maker receives the recommendation.
Section 67-21-3.7 ("Administrative review for institution of higher education employees.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 67-21-3.7?
A common citation format is "Utah Code § 67-21-3.7" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 67-21-3.7 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
