(1)

1. (a) A state institution of higher education may adopt a policy to establish an independent personnel board to hear and take action on a complaint alleging adverse action.

2. (b) The policy described in Subsection (1)(a) shall include:

   1. (i) procedures for filing a complaint and conducting a hearing; and
   2. (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.

(3) If an independent personnel board finds that adverse action is taken in violation of the policy described in Subsection (1)(a), the independent personnel board may order:

1. (a) reinstatement of the employee at the same level as before the adverse action;
2. (b) the payment of back wages;
3. (c) full reinstatement of fringe benefits;
4. (d) full reinstatement of seniority rights; or
5. (e) if the adverse action includes failure to promote, as described in Subsection 67-19a-101(8)(d), a pay raise that results in the employee receiving the pay that the employee would have received if the person had been promoted.