University Procedure P3-160: Unfair Competition Grievance Procedure
Appeal to the Board of Trustees
- To set forth the procedures for adjudicating complaints by private businesses relating
to claims of unfair compeition under Board of Regents Policy R555.
- Institutional Services shall mean the University's facilities, goods and services.
- In the event that a private business perceives the University to be providing Institutional
Services in violation of Regents Policy R555, the business may file a complaint and
request a hearing.
- Complaint. Complaints of unfair competition should be submitted in writing to the University's
Chief Administrative Officer (CAO) who is the first point of contact when requesting
a hearing. The complaint should identify the Institutional Service in question and
provide the basis for believing that the service has unfairly competed with private
- Referral or Dismissal. Within twenty (20) business days of receiving the Complaint, the CBO shall determine
if the Complaint articulates a violation that is covered by Regents Policy R555. If
so, the CBO shall refer the Complaint to a Hearing Committee and notify the University
administrator in charge of the Institutional Service in question. If not, the Complaint
will be dismissed and the Complainant will be informed in writing that the Complaint
fails to articulate a violation of Policy R555.
- Response. Within five (5) business days of receipt of notice of the Complaint, the University
administrator in charge of the Institutional Service in question (the "Respondent"0
may submit to the Hearing Committee a response to the Complaint.
- Hearing Committee. The Hearing Committee shall be an ad hoc, three person committee appointed by the
CAFO and comprised of two university officers and a representative from the private
- Hearing Procedures.
- Hearings shall occur within a reasonable time after referral of the Complaint to the
Hearing Committee. Written notice of the date and time of the Hearing will be provided
to the parties at least seven (7) business days before the hearing.
- The Complainant and the Respondent (or designee) may attend the hearing and present
their positions to the Committee. Each party may be accompanied by an advisor (including
legal counsel) who will be permitted to attend, but not directly participate, in the
proceedings. Any party intending to bring legal counsel as their advisor shall notify
the Committee and the opposing party of this decision at least three (3) business
days before the hearing.
- The Hearing Committee shall determine the length of the hearing and the procedures
to be followed in the hearing.
- Any documentation that the parties would like the Committee to consider should be
presented to the Committee and to the opposing party at least three (3) business days
before the hearing.
- As a general rule, the Committee will not hear evidence from party witnesses. If parties
wish the Committee to consider witness testimony, the names of the proposed witnesses
and a brief description of their testimony will be submitted to the Committee and
to the opposing party at least three (3) business days before the hearing. The Committee
shall have the discretion to grant or deny the request to submit witness testimony.
- The Hearing Committee is not bound by strict rules of legal evidence or procedure
and may consider any evidence it deems relevant.
- University legal counsel may serve as a resource to the Hearing Committee deliberations
and voting shall occur in closed session after the presentations of the parties.
- Hearings shall be closed to the public. Hearing Committee deliberations and voting
shall occur in closed session after the presentation of the parties.
- The Hearing Committee shall determine by majority vote, and by a preponderance of
evidence, whether the Institutional Service offered by the University violates Policy
- Within five (5) business days of the hearing, the Committee shall provide a written
report of its decision to the CAFO and the parties.
. Either party may submit a written appeal of the Committee decision (and/or the CAFO's
decision to not refer a matter to a Hearing Committee) to the University's Board of
Trustees. The appeal shall be submitted to the Board and to the opposing party within
five (5) business days of receipt of the Committee (or CAFO) decision.
- The other party to the appeal may submit a response to the Board within three (3)
business days of receipt of the appeal.
- The appeal will be considered by the Board in its next regular meeting, so long as
the time for adding new matters to the Board agenda has not passed. Otherwise, the
appeal will be added to the next regularly scheduled Board meeting.
- As a general rule, the Board will not hear oral argument on the appeal but will consider
the written decision of the Hearing Committee, the written appeal and the written
response to the appeal in making its decision. The Board may, in its discretion,determine
to hear oral argument on the appeal.
- Board deliberations and voting shall occur in the open meeting of the Board. The majority
vote of the Board members shall determine the matter on appeal. The decision of the
Board shall be the final decision on the matter.
- Federal, State, and Local State Laws
- Utah Administrative Rule 765-555. Policy on Colleges and Universities Providing Facilities, Goods and Services in
Competition with Private Enterprise
- Regents Policies
- Policy R555 Providing Facilities, Goods and Services in Competition with Private Enterprise
- University Policies
- Policy 3-150 Auxiliary Enterprises Operation
- Rule R3-160 Competition with Private Enterprise
Date: May 12, 2015