Title 53H, Title 53H: Higher Education

53H-7-402. Institution duties. (1) An institution is in violation of this part if the institution: gains actual knowledge of discriminatory harassment in the institution's program or activity; and acts with deliberate indifference to the discriminatory harassment. (2) An institut…

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, 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. (3)(b) (2) For an action alleging a violation of Subsection, the cause of …

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 victim of an act of sexual violence; or a witness to an act of sexual viol…

53H-7-503. Institution engagement with a law enforcement agency -- Articulable and significant threat -- Notification to victim. (1) An institution shall keep confidential from a law enforcement agency a covered allegation reported to the institution by the victim of the covered …

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

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

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

53H-7-603. Student housing crime reporting. (1) As used in this section: "Campus law enforcement" means an institution's police department. "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 or campu…

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: 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 perta…

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

53H-7-705. Exchange of evidence. (1) 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, unless…

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, in order to avoid conflicts of intere…

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) "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 of s…

53H-7-802. Instructional materials to be provided in electronic format. (1) 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 by …

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: publish the institution's free expression policies: in the instituti…

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

53H-8-101. General provisions -- Definitions. Reserved.

53H-8-201. General provisions -- Definitions. Reserved.

53H-8-202. Combined requests for appropriations -- Board review of operating budgets -- Submission of budgets -- Recommendations -- Hearing request -- Appropriation formulas -- Allocations -- Dedicated credits -- Financial affairs. (1) As used in this section, "research universit…

53H-8-203. Proposed tuition increases -- Notice -- Hearings. (1) If an institution considers increasing tuition rates for undergraduate students in the process of preparing or implementing its budget, it shall hold a meeting to receive public input and response on the issue. (2) …

53H-8-204. Higher education cost disclosure. (1) Each institution within the Utah system of higher education shall, at the time of registration, plainly disclose to all of the institution's undergraduate resident students the following amounts, in dollar figures for a full-time e…

53H-8-205. Fiscal year. The fiscal year for each institution and for the board begins on July 1 and ends on June 30 in each year.

53H-8-206. Use of revenue for athletic gender equity. An institution of higher education shall annually use for the purposes described in Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq., an amount of revenue equal to the total amount of sales and use tax…

53H-8-207. Retention of net reimbursed overhead revenues. (1) For each fiscal year, all budget documents for the system of higher education shall reflect retention by the institutions' net reimbursed overhead revenues for support of research and related programs under policies es…

53H-8-208. Board designated state educational agent for federal contracts and aid -- Individual research grants -- Powers of institutions or foundations under authorized programs. (1) The board is the designated state educational agency authorized to negotiate and contract with t…

53H-8-209. Personal use expenditures for officers and employees of institutions of higher education. (1) As used in this section: "Employee" means a person who is not an elected or appointed officer and who is employed on a full- or part-time basis by an institution of higher edu…

53H-8-210. Higher education strategic reinvestment. (1) As used in this section: "Reinvestment funds" means the amount of money the Legislature appropriates to the board for strategic reinvestment in accordance with this section. "Strategic reinvestment plan" means a plan describ…

53H-8-211. Higher Education Research Funding Pilot Program. (1) As used in this section: "Institute board" means the same as that term is defined in Section. 53H-16-201 "Nucleus Institute" means the Nucleus Institute created in Section. 53H-16-202 "Program" means the pilot grant …

53H-8-212. Enrollment funding. (1) As used in this section, in alignment with Utah System of Higher Education data collection and reporting taxonomies: "Advanced graduate" means the level of a doctoral course at a degree-granting institution, including a juris doctorate degree. "…

53H-8-301. Definitions. As used in this part: (1) "Account" means the Performance Funding Restricted Account created in Section. 53H-8-302 (2) "Award" means a degree or certificate that an institution grants. (3) "Cohort" means a group of students, defined by the year in which th…

53H-8-302. Performance Funding Restricted Account -- Creation -- Deposits into account -- Legislative review. (1) As used in this section: "Account" means the Performance Funding Restricted Account created in Subsection. (2) "Baseline amount" means the simple five-year average am…

53H-8-303. Determination of full new performance funding amount -- Role of appropriations subcommittee -- Program review. (1) In accordance with this section, and based on money deposited into the account, the Legislature shall, as part of the higher education appropriations budg…

53H-8-304. Performance metrics for institutions -- Determination of performance. (1) The board shall establish a model for determining an institution's performance. The board shall: set a five-year goal for the Utah System of Higher Education for each metric described in Subsecti…

53H-8-305. Five-year performance goals. (1) As used in this section: "High-yield award" means the same as that term is defined in board policy under Subsection. 53H-8-304(3) "System" means the Utah System of Higher Education. (2) The goals the board establishes in accordance with…

53H-8-306. Reporting of estimated revenue growth from targeted jobs. (1) On or before October 1, 2030 and each subsequent fifth year, the Department of Workforce Services shall report to the Higher Education Appropriations Subcommittee on: the total wages in Utah according to the…