Title 53H, Higher Education

53H-7-202. 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 institu…

53H-7-203. Religious, political, and ideological student organizations -- Protection from discrimination. An institution may not deny any benefit or privilege that is available to any student organization, or discriminate against, a religious, political, or ideological student or…

53H-7-204. Cause of action. (1) The following persons may bring an action in a state court of competent jurisdiction to enjoin a violation of this part or to recover compensatory damages, reasonable court costs, or reasonable attorney fees: (a) the attorney general; or (b) a pers…

53H-7-205. Statute of limitations. (1) Except as provided in Subsection (3), an action under this part may not be brought later than one year after the day on which the cause of action accrues. (2) Each day that a violation continues after an initial violation, and each day that …

53H-7-301. Definitions. As used in this part: (1) "Civil liberty" means a civil liberty enumerated in the United States Constitution or the Utah Constitution. (2) "Initiate rulemaking proceedings" means the same as that term is defined in Section 63G-3-601.

53H-7-302. Policies requiring rulemaking -- Policy review. 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.

53H-7-303. Complaint process -- Reporting. (1) 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 th…

53H-7-401. Definitions. As used in this part: (1) "Discriminatory harassment" means student-on-student speech that: (a) is unwelcome; (b) discriminates on the basis of a classification protected under federal or state law; and (c) is so severe, pervasive, and objectively offensiv…

53H-7-402. 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) …

53H-7-403. 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.

53H-7-404. 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 53H-7-402(2)(a…

53H-7-501. Definitions. As used in this part: (1) "Alleged perpetrator" means an individual whom a victim alleges committed an act of sexual violence against the victim. (2) "Code of conduct" means an institution's student code of conduct, student code of ethics, honor code, or o…

53H-7-502. 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 sex…

53H-7-503. 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 cover…

53H-7-504. Criminal retaliation against a victim or a witness. (1) As used in this section: (a) "Bodily injury" means the same as that term is defined in Section 76-1-101.5. (b) "Damage" means physical damage to an individual's property. (2) An individual is guilty of a third deg…

53H-7-601. General Provisions -- Definitions. Reserved.

53H-7-602. Campus safety plans and training -- Institution duties. (1) As used in this section: (a) "Covered offense" means: (i) sexual assault; (ii) domestic violence; (iii) dating violence; or (iv) stalking. (b) "Student organization" means a club, group, sports team, fraternit…

53H-7-603. Student housing crime reporting. (1) As used in this section: (a) "Campus law enforcement" means an institution's police department. (b) "Crime statistics" means the number of each of the crimes in 34 C.F.R. Sec. 668.46(c)(1) that are reported to a local police agency …

53H-7-701. Definitions. As used in this part: (1) "Academic dishonesty" means an act of dishonesty relating to a student's academic work or performance. (2) "Accused student" means an individual enrolled in an institution who has allegedly violated a policy or rule. (3) "Accused …

53H-7-702. Application. The provisions of this part do not: (1) govern campus law enforcement departments or law enforcement personnel; or (2) otherwise replace or amend criminal procedures that govern law enforcement activities.

53H-7-703. Student disciplinary proceedings -- Legal representation. (1) An institution may not prohibit: (a) an accused student from being represented, at the accused student's expense, by legal representation or a nonattorney advocate at a student disciplinary proceeding that p…

53H-7-704. Student organization disciplinary proceedings -- Legal representation. (1) An institution may not prohibit: (a) an accused student organization from being represented, at the accused student organization's expense, by legal representation or a nonattorney advocate at a…

53H-7-705. Exchange of evidence. (1)(a) An institution shall ensure that an accused student, an alleged victim, or an accused student organization has access to all material evidence that is in the institution's possession, including both inculpatory and exculpatory evidence, unl…

53H-7-706. Conflict of interest. (1) An institution shall conduct a student disciplinary proceeding or student organization disciplinary proceeding in an impartial manner free from conflicts of interests. (2) Except as provided in Subsection (3), in order to avoid conflicts of in…

53H-7-707. Application -- Institution policies. (1) This part does not prohibit an institution from temporarily suspending an accused student or accused student organization pending the completion of a student or student organization disciplinary proceeding. (2) An institution sh…

53H-7-708. 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.

53H-7-709. Statute of limitations. (1) 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) The cause of action accrues on the day on which the student or student organization receives final notic…

53H-7-801. Definitions. For purposes of this part: (1)(a) "Instructional material or materials" means textbooks and other materials written and published primarily for use by students in postsecondary instruction that are required or essential to a student's success in a course o…

53H-7-802. Instructional materials to be provided in electronic format. (1)(a) On or after January 1, 2009, any person that publishes or manufactures printed instructional material for students attending an institution of higher education shall provide to the institution for use …

53H-7-803. Centers for processing requests for electronic versions of instructional materials. (1) The board may establish one or more centers to process requests for electronic versions of instructional materials pursuant to this part. (2) The institutions designated as within t…

53H-7-804. Infringement of copyright laws not authorized. Nothing in this part shall be considered to authorize any use of instructional materials that would constitute an infringement of copyright under the Copyright Revision Act of 1976, as amended, 17 U.S.C. Sec. 101 et seq.

53H-7-805. Institution to make policy. An institution shall make policy consistent with this section for the implementation and administration of the institution, including policy addressing: (1) the designation of materials considered "required or essential to student success"; …

53H-7-901. General Provisions -- Definitions. Reserved.

53H-7-902. 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 i…

53H-7-903. Student religious and conscience accommodations. (1) As used in this section: (a) "Conscience" means the same as that term is defined in Section 67-27-106. (b) "Fundamental alteration" means a change so significant in an examination or assignment that the change: (i) a…