Title 53H, Higher Education

53H-14-302. Prohibited activities. An institution may not do any of the following: (1) request a student or prospective student to disclose a username and password, or a password that allows access to the student's or prospective student's personal Internet account; or (2) expel,…

53H-14-303. Permitted activities. (1) This part does not prohibit an institution from requesting or requiring a student to disclose a username or password to gain access to or operate the following: (a) an electronic communications device supplied by or paid for in whole or in pa…

53H-14-304. Duties not created. (1) This part does not create a duty for an institution to search or monitor the activity of a personal Internet account. (2) An institution is not liable under this part for failure to request or require that a student or prospective student grant…

53H-14-305. Private right of action. (1) A person aggrieved by a violation of this part may bring a civil cause of action against an institution in a court of competent jurisdiction. (2) In an action brought under Subsection (1), if the court finds a violation of this part, the c…

53H-14-401. General provisions -- Definitions. As used in this part: (1) "Certified advocate" means an individual who: (a) is employed by or volunteers at a qualified institutional victim services provider; (b) has completed at least 40 hours of training in counseling and assisti…

53H-14-402. Confidentiality of information -- Disclosure of confidential communication. (1) Except as provided in Subsection (2), and notwithstanding Title 63G, Chapter 2, Government Records Access and Management Act, a person may not disclose a confidential communication. (2) A …

53H-14-501. General provisions -- Definitions. As used in this part: (1) "Advisory group" means the institution of higher education privacy advisory group established by the chief privacy officer under Section 53H-14-502. (2) "Aggregate data" means data that: (a) are totaled and …

53H-14-502. State student data protection governance. (1) The chief privacy officer shall establish a higher education privacy advisory group to advise institutions and institution boards of trustees on student data protection. (2) The advisory group shall consist of: (a) the chi…

53H-14-503. Institution student data protection governance. (1)(a) An institution shall adopt policies to protect student data in accordance with this part and board rule, including the standards the board establishes under Subsection 53H-14-502(5). (b) The policies described in …

53H-14-504. Notification of significant data breach. (1) If a significant data breach occurs at an institution, the institution shall notify each student whose personally-identifiable student data was disclosed. (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rul…

53H-14-505. Third-party contractors. (1) A third-party contractor shall use personally identifiable student data received under a contract with an education entity strictly for the purpose of providing the contracted product or service within the negotiated contract terms. (2) Wh…

53H-14-506. Penalties. (1) A third-party contractor that knowingly or recklessly permits unauthorized collecting, sharing, or use of student data under this part: (a) except as provided in Subsection (2), may not enter into a future contract with an institution; (b) may be requir…

53H-14-601. General provisions -- Definitions. As used in this part, "education entity" means the same as that term is defined in Section 53E-9-301.

53H-14-602. Training requirements for higher education personnel. (1) The board shall ensure that higher education employees, student aides, and volunteers who have access to student data received under Title 53E, Chapter 9, Part 4, Data Sharing with Higher Education, shall recei…

53H-14-603. Authorization for K-12 student data sharing -- Rulemaking. (1) The board may receive and use student data from grades 7 through 12 as provided in Title 53E, Chapter 9, Part 4, Data Sharing with Higher Education, to support the purposes described in Section 53E-9-402. …

53H-15-101. General provisions -- Definitions. As used in this chapter: (1) "Advisory board" means the Utah Data Research Advisory Board created in Section 53H-15-203. (2) "Center" means the Utah Data Research Center created in Section 53H-15-202. (3) "Data" means any information…

53H-15-201. General provisions -- Definitions. Reserved.

53H-15-202. Utah Data Research Center -- Creation. The Utah Data Research Center is created within the Utah system of higher education.

53H-15-203. Utah Data Research Advisory Board -- Composition -- Appointment. (1) There is created the Utah Data Research Advisory Board. (2) The advisory board is composed of the following members: (a) the state superintendent of the State Board of Education or the state superint…

53H-15-204. Director -- Additional staff -- Administrative support. (1) The commissioner shall appoint a director to manage the day-to-day operations of the center. (2) The director may, with the commissioner's approval, hire staff, including: (a) data scientists; (b) data techno…

53H-15-301. General Provisions -- Definitions. Reserved.

53H-15-302. Data research program. (1) The center shall establish a data research program for the purpose of analyzing data that is: (a) collected over time; (b) aggregated from multiple sources; and (c) connected and de-identified. (2) The center may, in order to establish the d…

53H-15-303. Data research requests. (1) The center shall use data that the center maintains or that a participating entity contributes to the data research program under Section 53H-15-302 to conduct research for the purpose of developing public policy for the state. (2) The dire…

53H-15-304. Data visualization access. (1) In addition to performing data research and responding to data research requests under Section 53H-15-303, the center shall create an online data visualization portal that provides access to the public to connected, aggregated, and de-id…

53H-15-305. Participating state agency access. (1) In addition to performing data research and responding to data research requests under Section 53H-15-303, the center shall maintain a program to support data collection, analysis, exchange, and for operational transactional purp…

53H-15-306. Reporting. (1) The center shall report to the Education Interim Committee and Business and Labor Interim Committee: (a) before July 1 of each year regarding the center's: (i) research and service priorities for the year; (ii) completed research from the previous year;…

53H-16-101. General provisions -- Definitions. Reserved.

53H-16-201. General provisions -- Definitions. As used in this part: (1) "Executive director" means the executive director of the institute appointed under Section 53H-16-304. (2) "Institute board" means the board of directors of the Nucleus Institute as described in Section 53H-…

53H-16-202. Creation of Nucleus Institute -- Status and applicability of other law -- Powers and purposes. (1) There is created the Nucleus Institute. (2) The institute is: (a) an independent, nonprofit, quasi-public corporation as defined in Section 63E-1-102; and (b) subject to…

53H-16-203. Office facilities, clerical, and administrative support for the Nucleus Institute. (1) The Utah Board of Higher Education shall provide to the institute, by agreement, administrative support, office facilities, and space. (2) The Utah Board of Higher Education may lev…

53H-16-301. General provisions -- Definitions. Reserved.

53H-16-302. Board of directors -- Membership -- Limitations. (1) The institute shall be governed by a board of directors which shall manage and conduct the business and affairs of the institute. (2) The institute board shall consist of seven voting members as follows: (a) the exe…

53H-16-303. Institute board duties and powers. (1) The institute board shall: (a) manage and conduct the business and affairs of the institute and determine all questions of institute and Nucleus Fund policy; (b) provide strategic oversight for all institute initiatives; (c) supp…

53H-16-304. Executive director appointment -- Duties and powers. (1) The commissioner shall appoint and determine compensation for an executive director for the institute. (2) The executive director shall: (a) manage the day-to-day operations of the institute and the Nucleus Fund…

53H-16-401. General provisions -- Definitions. Reserved.

53H-16-402. Organization of Nucleus Fund -- Powers and purposes -- Use of investment proceeds. (1)(a) The institute shall organize, and be the sole member and manager of, the Nucleus Fund. (b) The Nucleus Fund shall be organized as a limited liability company. (c) The Nucleus Fun…

53H-16-403. Nucleus Fund investment committee. (1) The Nucleus Fund shall be governed by an investment committee. (2) The investment committee shall consist of five members appointed by the institute board. (3)(a) A member of the investment committee: (i) shall serve a term of tw…

53H-16-404. Nucleus Fund investment committee duties. (1) The investment committee shall: (a) comply with guidelines and directives from the institute board; (b) manage and conduct business affairs of the Nucleus Fund; (c) establish policies for the management of the Nucleus Fund…

53H-16-405. Nucleus Fund investment committee chair -- Duties. (1) The institute board shall appoint a chair of the investment committee. (2) The committee chair shall: (a) manage and execute the policies established by the institute board and the investment committee; (b) in con…

53H-16-406. Annual report. (1) On or before October 1 of each year, the institute shall publish an annual report of the activities conducted by the Nucleus Fund and submit, in accordance with Section 68-3-14, the written report to: (a) the governor; (b) the Economic Development a…

53H-16-407. Annual audit. (1) Each calendar year, an audit of the activities of the Nucleus Fund shall be conducted by: (a) the state auditor; or (b) the state auditor's designee. (2) A designee described in Subsection (1)(b) may not have a business, contractual, or other connect…