Section 302 – Code of conduct violation — Report of sexual violence.
Effective 5/14/2019 53B-28-302. Code of conduct violation — Report of sexual violence. An institution may not sanction a student for a code of conduct violation related to the use of drugs or alcohol if: (1) the student is: (a) a victim of an act of sexual violence; or (b) a witness to an act of […]
Section 303 – Institution engagement with a law enforcement agency — Articulable and significant threat — Notification to victim.
Effective 9/1/2022 53B-28-303. Institution engagement with a law enforcement agency — Articulable and significant threat — Notification to victim. (1) (a) An institution shall keep confidential from a law enforcement agency a covered allegation reported to the institution by the victim of the covered allegation. (b) Notwithstanding Subsection (1)(a), an institution may engage with a […]
Section 404 – Statute of limitations.
Effective 5/5/2021 53B-27-404. Statute of limitations. (1) Except as provided in Subsection (3)(b), the attorney general may not bring an action under this part later than one year after the day on which the cause of action accrues. (2) For an action alleging a violation of Subsection 53B-27-402(2)(a), the cause of action accrues on the […]
Section 405 – Student religious accommodations.
Effective 5/5/2021 53B-27-405. Student religious accommodations. (1) An institution shall: (a) reasonably accommodate a student’s absence from an examination or other academic requirement under the circumstances described in Subsection (2) for reasons of: (i) the student’s faith or conscience; or (ii) the student’s participation in an organized activity conducted under the auspices of the student’s […]
Section 501 – Free expression policies.
Effective 5/5/2021 53B-27-501. Free expression policies. (1) As used in this section, “free expression policy” means an institution’s policy, regulation, or other expectation related to student expression. (2) An institution shall: (a) publish the institution’s free expression policies: (i) in the institution’s student handbook; and (ii) on the institution’s website; (b) include information about the […]
Section 302 – Policies requiring rulemaking — Policy review.
Effective 5/8/2018 53B-27-302. Policies requiring rulemaking — Policy review. (1) An institution may not make or amend a policy that directly affects a student’s civil liberty, unless the policy is made a rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (2) Each institution shall: (a) before November 30, 2018, review the […]
Section 303 – Complaint process — Reporting.
Effective 5/4/2022 53B-27-303. Complaint process — Reporting. (1) Before August 1, 2019, the board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing a procedure whereby a student enrolled in an institution may submit a complaint to the board alleging a policy of the institution directly affects one or […]
Section 402 – Institution duties.
Effective 5/5/2021 53B-27-402. Institution duties. (1) An institution is in violation of this part if the institution: (a) gains actual knowledge of discriminatory harassment in the institution’s program or activity; and (b) acts with deliberate indifference to the discriminatory harassment. (2) (a) An institution may not sanction or discipline, as discriminatory harassment, student-on-student speech that […]
Section 403 – Cause of action.
Effective 5/5/2021 53B-27-403. Cause of action. The attorney general may bring an action to enjoin a violation of this part, in a state court of competent jurisdiction, against an institution or an institution’s agent acting in the agent’s official capacity. Enacted by Chapter 125, 2021 General Session
Section 203 – Expressive activities at an institution.
Effective 5/9/2017 53B-27-203. Expressive activities at an institution. (1) An outdoor area of an institution’s campus is a traditional public forum. (2) An institution may maintain and enforce reasonable time, place, or manner restrictions on an expressive activity in an outdoor area of the institution’s campus, if the restrictions: (a) are narrowly tailored to serve […]