53H-7 - Students’ Rights and Responsibilities

Title 53H > 53H-7

Sections (37)

General Provisions

53H-7-101 - General Provisions — Definitions.

Campus Free Expression

53H-7-201 - Definitions.

53H-7-201(1) “Benefit” means:recognition by an institution;registration by an institution;the use of an institution’s facility for meeting or speaking purposes;the use of communication channels; orfunding sources that are otherwise available to other student organizations at an institution. 53H-7-201(2) “Expressive activity” means an activity that includes:peacefully assembling, protesting, or speaking;distributing literature;carrying a sign; circulating a petition; orotherwise participating in speech or conduct protected by:the First Amendment to the United States Constitution; orUtah Constitution, Article I, Sections 4 and 15. 53H-7-201(3) “Student organization” means a student organized group that is:officially recognized, or seeking official recognition, by an institution as a student club; andcomprised of students that receive, or are seeking to receive, benefits available to student clubs from the institution.

53H-7-202 - Expressive activities at an institution.

53H-7-202(1) An outdoor area of an institution’s campus is a traditional public forum. 53H-7-202(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:are narrowly tailored to serve a significant institutional interest;are based on published, content-neutral, and viewpoint-neutral criteria; andleave open ample alternative channels for communication. 53H-7-202(3) Subject to Subsection (2), an institution may not prohibit:a member of the institution’s community or the public from spontaneously and contemporaneously assembling in an outdoor area of the institution’s campus; ora person from freely engaging in noncommercial expressive activity in an outdoor area of the institution’s campus if the person’s conduct is lawful. 53H-7-202(4) This part does not apply to expressive activity in an area on an institution’s campus other than an outdoor area.

53H-7-203 - Religious, political, and ideological student organizations — Protection from discrimination.

53H-7-203(1) because such student organization is religious, political, or ideological; 53H-7-203(2) on the basis of protected expressive activity engaged in by the student organization or the student organization’s members; or 53H-7-203(3) based on a requirement that a leader of the student organization:affirm or adhere to the sincerely held beliefs of the student organization;comply with a standard of conduct the student organization establishes; orfurther the mission, purpose, or standards of conduct of the student organization, as these are defined by the student organization.

53H-7-204 - Cause of action.

53H-7-204(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:the attorney general; ora person claiming that the person’s rights, as described in this part, were violated. 53H-7-204(2) In an action brought under this part, if the court finds a violation of this part, the court:shall enjoin the violation;shall, if a person whose rights, as described in this part, were violated brought the action, award the person:at least $500foraninitialviolation;andifthepersonnotifiestheinstitutionoftheviolation,$50 for each day the violation continues after the notification; andmay award a prevailing plaintiff:compensatory damages;reasonable court costs; orreasonable attorney fees. 53H-7-204(3) Notwithstanding Title 63G, Chapter 7, Governmental Immunity Act of Utah, an institution that violates this part is not immune from suit or liability for the violation.

53H-7-205 - Statute of limitations.

53H-7-205(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. 53H-7-205(2) Each day that a violation continues after an initial violation, and each day that an institution’s policy in violation of this part remains in effect, shall constitute a continuing violation of this part. 53H-7-205(3) For a continuing violation described in Subsection (2), the limitation described in Subsection (1) shall extend to one year after the day on which the most recent violation occurs.

Student Civil Liberties Protection

53H-7-301 - Definitions.

As used in this part: 53H-7-301(1) “Civil liberty” means a civil liberty enumerated in the United States Constitution or the Utah Constitution. 53H-7-301(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.

Title 63G, Chapter 3, Utah Administrative Rulemaking Act .

53H-7-303 - Complaint process — Reporting.

53H-7-303(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 the institution directly affects one or more of the student’s civil liberties. 53H-7-303(2) When a student submits a complaint in accordance with the rules adopted under Subsection (1), the board shall:examine the complaint and, within 30 days after the day on which the board receives the complaint, determine whether the complaint is made in good faith; andif the board determines that the complaint is made in good faith, direct the institution against which the complaint is made to initiate rulemaking proceedings for the challenged policy; orif the board determines that the complaint is made in bad faith, dismiss the complaint.Before November 30 of each year, the board shall submit a report to the Rules Review and General Oversight Committee detailing:the number of complaints the board received during the preceding year;the number of complaints the board found to be made in good faith during the preceding year; andeach policy that is the subject of a good-faith complaint that the board received during the preceding year. 53H-7-303(3) If the board directs an institution to initiate rulemaking proceedings for a challenged policy in accordance with this section, the institution shall initiate rulemaking proceedings for the policy within 60 days after the day on which the board directs the institution.

Campus Anti-Harassment

53H-7-401 - Definitions.

As used in this part: 53H-7-401(1) “Discriminatory harassment” means student-on-student speech that:is unwelcome;discriminates on the basis of a classification protected under federal or state law; andis so severe, pervasive, and objectively offensive, and that so undermines and distracts from a student’s educational experience, that the student is effectively denied access to an institution’s resource or opportunity. 53H-7-401(2) “Student-on-student speech” means verbal, written, or other communication that is:communicated by a student; anddirected at another student.”Student-on-student speech” does not include an act of physical contact between a student and another student.

53H-7-402 - Institution duties.

53H-7-402(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; andacts with deliberate indifference to the discriminatory harassment. 53H-7-402(2) An institution may not sanction or discipline, as discriminatory harassment, student-on-student speech that does not constitute discriminatory harassment.An institution is not liable under this part for failing to sanction or discipline a student who communicates student-on-student speech that is not discriminatory harassment. 53H-7-402(3) Nothing in this part prevents an institution from sanctioning or disciplining student-on-student speech that is otherwise not protected under the First Amendment to the United States Constitution. 53H-7-402(4) Nothing in this part prevents an institution from responding to student-on-student speech that is not discriminatory harassment by taking nonpunitive actions designed to promote a welcoming, inclusive environment. 53H-7-402(5) Nothing in this part prevents an institution from maintaining policies prohibiting stalking or other criminal activity.

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.

53H-7-404(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. 53H-7-404(2) For an action alleging a violation of Subsection 53H-7-402(2)(a), the cause of action accrues on the day on which the student receives final notice, from the institution, of sanction or discipline that violates Subsection 53H-7-402(2)(a). 53H-7-404(3) For an action alleging a violation of Subsection 53H-7-402(1), the cause of action accrues on the day on which the institution gains knowledge of the discriminatory harassment.For an action described in Subsection (3)(a), the limitation described in Subsection (1) extends to one year after the day on which the most recent known act of discriminatory harassment, involving the same parties as a prior known act of discriminatory harassment, occurs.

Campus Sexual Violence

53H-7-501 - Definitions.

As used in this part: 53H-7-501(1) “Alleged perpetrator” means an individual whom a victim alleges committed an act of sexual violence against the victim. 53H-7-501(2) “Code of conduct” means an institution’s student code of conduct, student code of ethics, honor code, or other policy under which the institution may sanction a student. 53H-7-501(3) “Covered allegation” means an allegation made to an institution that an individual committed an act of sexual violence. 53H-7-501(4) “Law enforcement agency” means an off-campus law enforcement agency of the unit of local government with jurisdiction to respond to a covered allegation. 53H-7-501(5) “Sexual violence” means:sexual abuse as described in 18 U.S.C. Sec. 2242;aggravated sexual abuse as described in 18 U.S.C. Sec. 2241;assault resulting in substantial bodily injury as described in 18 U.S.C. Sec. 113(a)(7);sexual assault;dating violence;domestic violence; orstalking. 53H-7-501(6) “Victim” means a student who alleges that the student was a victim of sexual violence.

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: 53H-7-502(1) the student is:a victim of an act of sexual violence; ora witness to an act of sexual violence; 53H-7-502(2) the student reports to the institution, in good faith, a covered allegation related to the act of sexual violence described in Subsection (1); and 53H-7-502(3) the institution learns of the student’s code of conduct violation due to the student’s report described in Subsection (2).

53H-7-503 - Institution engagement with a law enforcement agency — Articulable and significant threat — Notification to victim.

53H-7-503(1) An institution shall keep confidential from a law enforcement agency a covered allegation reported to the institution by the victim of the covered allegation.Notwithstanding Subsection (1)(a), an institution may engage with a law enforcement agency in response to a covered allegation described in Subsection (1)(a):if the victim consents to the institution engaging with the law enforcement agency; orin accordance with Subsection (2). 53H-7-503(2) Subject to Subsection (3), an institution that receives a report described in Subsection (1)(a) may engage with a law enforcement agency in response to the covered allegation if the institution determines, in accordance with Subsection (2)(b), that the information in the covered allegation creates an articulable and significant threat to individual or campus safety at the institution.To determine whether the information in a covered allegation creates an articulable and significant threat described in Subsection (2)(a), the institution shall consider, if the information is known to the institution, at least the following factors:whether the circumstances of the covered allegation suggest an increased risk that the alleged perpetrator will commit an additional act of sexual violence or other violence;whether the alleged perpetrator has an arrest history that indicates a history of sexual violence or other violence;whether records from the alleged perpetrator’s previous postsecondary institution indicate that the alleged perpetrator has a history of sexual violence or other violence;whether the alleged perpetrator is alleged to have threatened further sexual violence or other violence against the victim or another individual;whether the act of sexual violence was committed by more than one alleged perpetrator;whether the circumstances of the covered allegation suggest there is an increased risk of future acts of sexual violence under similar circumstances;whether the act of sexual violence was perpetrated with a weapon; andthe age of the victim. 53H-7-503(3) An institution shall:before engaging with a law enforcement agency in accordance with Subsection (2), provide notice to the victim of the following:the institution’s intent to engage with a law enforcement agency;the law enforcement agency with which the institution intends to engage; andthe reason the institution made the determination described in Subsection (2); andin engaging with a law enforcement agency under Subsection (2):maintain the confidentiality of the victim; anddisclose the minimum information required to appropriately address the threat described in Subsection (2)(a). 53H-7-503(4) Nothing in this section supersedes:an obligation described in Section 26B-6-205, 80-2-602, or 78B-3-502; ora requirement described in Chapter 14, Part 4, Confidential Communications for Institutional Advocacy Services.

53H-7-504 - Criminal retaliation against a victim or a witness.

53H-7-504(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. 53H-7-504(2) An individual is guilty of a third degree felony if the individual inflicts bodily injury or damage:upon a victim of or a witness to an act of sexual violence alleged in a covered allegation; andin retaliation for the victim’s or the witness’s:report of the covered allegation; orinvolvement in an investigation initiated by the institution in response to the covered allegation. 53H-7-504(3) An individual is guilty of a third degree felony if the individual:communicates an intention to inflict bodily injury:upon a victim of or a witness to an act of sexual violence alleged in a covered allegation; andin retaliation for the victim’s or the witness’s:report of the covered allegation; orinvolvement in an investigation initiated by the institution in response to the covered allegation; andintends the communication described in Subsection (3)(a) as a threat against the victim or the witness; orknows that the communication described in Subsection (3)(a) will be viewed as a threat against the victim or the witness.

Campus Safety

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

53H-7-602 - Campus safety plans and training — Institution duties.

53H-7-602(1) As used in this section:“Covered offense” means:sexual assault;domestic violence;dating violence; orstalking.”Student organization” means a club, group, sports team, fraternity or sorority, or other organization:of which the majority of members is composed of students enrolled in an institution; andthat is officially recognized by the institution; orseeks to be officially recognized by the institution. 53H-7-602(2) An institution shall develop a campus safety plan that addresses:where an individual can locate the institution’s policies and publications related to a covered offense;institution and community resources for a victim of a covered offense;the rights of a victim of a covered offense, including the measures the institution takes to ensure, unless otherwise provided by law, victim confidentiality throughout all steps in the reporting and response to a covered offense;how the institution informs the campus community of a crime that presents a threat to the campus community;availability, locations, and methods for requesting assistance of security personnel on the institution’s campus;guidance on how a student may contact law enforcement for incidents that occur off campus;institution efforts related to increasing campus safety, including efforts related to the institution’s increased response in providing services to victims of a covered offense, that:the institution made in the preceding 18 months; andthe institution expects to make in the upcoming 24 months;coordination and communication between institution resources and organizations, including campus law enforcement;institution coordination with local law enforcement or community resources, including coordination related to a student’s safety at an off-campus location; andhow the institution requires a student organization to provide the campus safety training as described in Subsection (5). 53H-7-602(3) An institution shall:prominently post the institution’s campus safety plan on the institution’s website and each of the institution’s campuses; andannually update the institution’s campus safety plan. 53H-7-602(4) An institution shall develop a campus safety training curriculum that addresses:awareness and prevention of covered offenses, including information on institution and community resources for a victim of a covered offense;bystander intervention; andsexual consent. 53H-7-602(5) An institution shall require a student organization, in order for the student organization to receive or maintain official recognition by the institution, to annually provide campus safety training, using the curriculum described in Subsection (4), to the student organization’s members.

53H-7-603 - Student housing crime reporting.

53H-7-603(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 campus law enforcement, listed by type of crime.”Institution noncampus housing facility” means a building or property that:is used for housing students;is not part of the institution’s campus; andthe institution owns, manages, controls, or leases;“Institution noncampus housing facility” includes real property that is adjacent to, and is used in direct support of, the building or property described in Subsection (1)(c)(i).”Local law enforcement agency” means a state or local law enforcement agency other than campus law enforcement.”On-campus housing facility” means a building or property that is:used for housing students; andpart of the institution’s campus.”On-campus housing facility” includes real property that is:adjacent to the on-campus housing facility; andused in direct support of the on-campus housing facility.”Student housing” means:an institution noncampus housing facility;an on-campus housing facility; ora student organization noncampus housing facility.”Student organization” means the same as that term is defined in Section 53H-7-101.”Student organization noncampus housing facility” means a building or property that:is used for housing students;is not part of the institution’s campus; anda student organization owns, manages, controls, or leases; oris real property that is adjacent to the student organization noncampus housing facility and is used in direct support of the noncampus housing facility. 53H-7-603(2) An institution with the types of housing facilities described in this Subsection (2) shall:create a report of crime statistics aggregated by:on-campus housing facility, identified and listed individually using the institution’s system for inventorying institution facilities;institution noncampus housing facility, identified and listed individually using the institution’s system for inventorying institution facilities; andstudent organization noncampus housing facilities, identified and listed individually using the institution’s system for identifying student organization noncampus housing facilities; andreport annually to the Education Interim Committee and the Law Enforcement and Criminal Justice Interim Committee, at or before the committee’s November meetings, on crime statistics aggregated by housing facility as described in Subsection(2)(a). 53H-7-603(3) An institution that does not have the types of housing described in Subsection (2) shall report the crime statistics as required by 20 U.S.C. Section 1092(f), the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, to the entities specified in Subsection (2). 53H-7-603(4) Upon request from an institution, a local law enforcement agency shall provide to the institution crime statistics for each student housing facility over which the local law enforcement agency has jurisdiction. 53H-7-603(5) Except as provided in Section 53H-7-503, when campus law enforcement receives a complaint or report of a crime that campus law enforcement reasonably determines occurred outside of campus law enforcement’s jurisdiction, campus law enforcement shall share any record of the complaint or report with the local law enforcement agency with jurisdiction.

Student Legal Representation

53H-7-701 - Definitions.

As used in this part: 53H-7-701(1) “Academic dishonesty” means an act of dishonesty relating to a student’s academic work or performance. 53H-7-701(2) “Accused student” means an individual enrolled in an institution who has allegedly violated a policy or rule. 53H-7-701(3) “Accused student organization” means a student organization, recognized by an institution, that has allegedly violated a policy or rule. 53H-7-701(4) “Alleged victim” means an individual whose rights are allegedly infringed or who is otherwise allegedly harmed by an accused student’s or a student organization’s violation of a policy or rule. 53H-7-701(5) “Evidence” means information that is inculpatory or exculpatory as the information relates to an accusation against an accused student or accused student organization, including:a complainant statement;a third-party witness statement;electronically stored information;a written communication;a post to social media; ordemonstrative evidence. 53H-7-701(6) “Full participation” means the opportunity in a student or student organization disciplinary proceeding to:make opening and closing statements;examine and cross-examine a witness;introduce relevant evidence; andprovide support, guidance, or advice to an accused student, accused student organization, or alleged victim. 53H-7-701(7) “Legal representation” means an attorney, who is licensed to practice law in this state and whom:an accused student selects to assist the student in the student’s disciplinary proceeding;an alleged victim selects to assist the alleged victim at a proceeding that pertains to the alleged victim; oran accused student organization selects to assist the student organization at a student organization disciplinary proceeding. 53H-7-701(8) “Nonattorney advocate” means an individual, who is not licensed to practice law and whom:an accused student selects to assist the student in the student’s disciplinary proceeding;an alleged victim selects to assist the alleged victim at a proceeding that pertains to the alleged victim; oran accused student organization selects to assist the student organization at a student organization disciplinary proceeding. 53H-7-701(9) “Policy or rule” means a policy or rule, or a relevant section of a policy or rule, of an institution that, if violated, may result in:for a student, a suspension of 10 calendar days or more or expulsion from the institution; orfor a student organization, the suspension or the removal of institutional recognition of the student organization. 53H-7-701(10) “Proceeding” means an adjudicatory hearing, including an appeal, in which evidence is presented to a hearing officer or a hearing panel, and that is:required by a policy or rule; orheld to determine whether a policy or rule has been violated. 53H-7-701(11) “Student disciplinary proceeding” means a proceeding initiated by an institution to determine whether an accused student has violated a policy or rule.”Student disciplinary proceeding” does not include a proceeding that solely involves a student’s academic dishonesty. 53H-7-701(12) “Student organization” means a club or other organization:that meets during noninstructional time;that is recognized by the institution at which the organization meets; andwith a majority of members who are current students at the institution. 53H-7-701(13) “Student organization disciplinary proceeding” means a proceeding initiated by an institution to determine whether an accused student organization has violated a rule or policy.”Student organization disciplinary proceeding” does not include a proceeding that solely involves a student’s academic dishonesty.

53H-7-702 - Application.

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

53H-7-703 - Student disciplinary proceedings — Legal representation.

53H-7-703(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 pertains to the accused student; oran accused student’s legal representation or nonattorney advocate from full participation in a student disciplinary proceeding that pertains to the accused student. 53H-7-703(2) An institution may not prohibit:an alleged victim from being represented, at the alleged victim’s expense, by legal representation or a nonattorney advocate at a student disciplinary proceeding that pertains to the alleged victim; orthe alleged victim’s legal representation or nonattorney advocate from full participation in a student disciplinary proceeding that pertains to the alleged victim. 53H-7-703(3) An institution shall provide an accused student described in Subsection (1) or an alleged victim described in Subsection (2) written notice of the accused student’s or alleged victim’s rights under this section.The institution shall ensure that the notice provided to an accused student under Subsection (3)(a) notifies the accused student that:the accused student is entitled to a student disciplinary proceeding to contest the charges against the accused student;the accused student is entitled to a presumption of innocence; andthe presumption of innocence remains until:the accused student acknowledges responsibility for the alleged violation; orthe institution has established every element of the alleged violation at a student disciplinary proceeding.Unless exigent circumstances reasonably justify proceeding without providing notice under Subsection (3)(a), an institution shall establish policies and procedures to ensure that the institution provides written notice of the accused student’s or alleged victim’s rights as soon as practicable but no later than seven days before a student disciplinary proceeding that pertains to the accused student or alleged victim.

53H-7-704 - Student organization disciplinary proceedings — Legal representation.

53H-7-704(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 student organization disciplinary proceeding that pertains to the accused student organization; oran accused student organization’s legal representation or nonattorney advocate from full participation in a student organization disciplinary proceeding that pertains to the accused student organization. 53H-7-704(2) An institution may not prohibit:an alleged victim from being represented, at the alleged victim’s expense, by legal representation or a nonattorney advocate at a student organization disciplinary proceeding that pertains to the alleged victim; orthe alleged victim’s legal representation or nonattorney advocate from full participation in a student organization disciplinary proceeding that pertains to the alleged victim. 53H-7-704(3) An institution shall provide an accused student organization described in Subsection (1) or an alleged victim described in Subsection (2) written notice of the accused student organization’s or alleged victim’s rights under this section.The institution shall ensure that the notice provided to an accused student organization under Subsection (3)(a) notifies the accused student organization that:the accused student organization is entitled to a student organization disciplinary proceeding to contest the charges against the accused student organization;the accused student organization is entitled to a presumption of innocence; andthe presumption of innocence remains until:the accused student organization acknowledges responsibility for the alleged violation; orthe institution has established every element of the alleged violation at a student organization disciplinary proceeding.Unless exigent circumstances reasonably justify proceeding without providing notice under Subsection (3)(a), an institution shall establish policies and procedures to ensure that the institution provides written notice of the accused student organization’s or alleged victim’s rights as soon as practicable but no later than seven days before a student organization disciplinary proceeding that pertains to the accused student organization or alleged victim.

53H-7-705 - Exchange of evidence.

53H-7-705(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 the material is subject to a legal privilege, no later than one week before the day on which a proceeding begins.Evidence that is an accused student’s or an alleged victim’s personal medical record, mental health record, therapy note, or journal may not be used as evidence in a proceeding unless the accused student or alleged victim consents to the use of the evidence in the proceeding.Any evidence presented in a proceeding under this part is confidential and may not be:used as evidence in a subsequent proceeding; orused or disclosed to a third-party for any other purpose other than for the proceeding. 53H-7-705(2) Nothing in this part:provides for formal or informal discovery beyond the exchange of evidence described in Subsection (1); orincorporates or binds an institution to:the Utah Rules of Civil Procedure or the Utah Rules of Evidence; orthe Federal Rules of Civil Procedure or the Federal Rules of Evidence.

53H-7-706 - Conflict of interest.

53H-7-706(1) An institution shall conduct a student disciplinary proceeding or student organization disciplinary proceeding in an impartial manner free from conflicts of interests. 53H-7-706(2) Except as provided in Subsection (3), in order to avoid conflicts of interest created by a comingling of roles, an institution shall prohibit an individual employed by or otherwise representing an institution from acting as an adjudicator, hearing officer, or appellate hearing officer in a student disciplinary proceeding or student organization disciplinary proceeding if the individual has also served in one of the following roles in the same matter:an advocate or counselor for an alleged victim, accused student, or accused student organization;an investigator;an institutional prosecutor; oran advisor to a person described in Subsection (2)(a), (b), or (c). 53H-7-706(3) If an individual employed by the institution or otherwise representing the institution serves as an investigator and an institutional prosecutor for the alleged violation of a policy or rule, the institution shall advise an accused student, accused student organization, or alleged victim before the investigation proceeding. 53H-7-706(4) An individual may not serve as an investigator or institutional prosecutor and an advocate for an accused student, accused student organization, or alleged victim in the same matter. 53H-7-706(5) In a proceeding conducted under this part, an institution shall allow an accused student, accused student organization, or an alleged victim to raise objections to issues that could potentially compromise the impartiality of the proceedings, including any potential conflicts of interest in violation of this section.

53H-7-707 - Application — Institution policies.

53H-7-707(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. 53H-7-707(2) An institution shall:enact policies to govern proceedings in which a student has a right to an active legal representation or a nonattorney advocate in accordance with this part;train adjudicators, hearing officers, and appellate hearing officers on relevant evidence and nonrelevant, nonprobative evidence; andenact policies and procedures to notify a student of the student’s right to bring a cause of action in violation of this part to the attorney general’s office. 53H-7-707(3) An institution may adopt a policy requiring a legal representation or nonattorney advocate of an accused student, alleged victim, or accused student organization to submit questions for an opposing party to the hearing officer.

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.

53H-7-709(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. 53H-7-709(2) The cause of action accrues on the day on which the student or student organization receives final notice, from the institution, of sanction or discipline that violates an institution’s rule or policy.

Instructional Materials for Students with a Disability

53H-7-801 - Definitions.

For purposes of this part: 53H-7-801(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 study in which a student with a disability is enrolled. The determination of which materials are “required or essential to student success” shall be made by the instructor of the course in consultation with the official making the request pursuant to Section 53H-7-802 in accordance with rules issued pursuant to Section 53H-7-805.”Instructional material or materials” does not include nontextual mathematics and science materials until the time software becomes commercially available that permits the conversion of existing electronic files of the materials into a format that is compatible with braille translation software or alternative media for students with disabilities. 53H-7-801(2) “Printed instructional material or materials” means instructional material or materials in book or other printed form. 53H-7-801(3) “Nonprinted instructional materials” means instructional materials in formats other than print, and includes instructional materials that require the availability of electronic equipment in order to be used as a learning resource, including software programs, video disks, and video and audio tapes. 53H-7-801(4) “Specialized format” means braille, audio, or digital text that is exclusively for use by blind or other persons with disabilities. 53H-7-801(5) “Structural integrity” means all of the printed instructional material, including the text of the material, sidebars, the table of contents, chapter headings and subheadings, footnotes, indexes, glossaries, and bibliographies.”Structural integrity” need not include nontextual elements such as pictures, illustrations, graphs, or charts.

53H-7-802 - Instructional materials to be provided in electronic format.

53H-7-802(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 students attending the institution any printed instructional material in an electronic format mutually agreed upon by the publisher or manufacturer and the institution.Computer files or electronic versions of the printed instructional material shall:maintain the structural integrity of the printed instructional material;be compatible with commonly used braille translation and speech synthesis software; andinclude corrections and revisions as may be necessary.If good faith efforts fail to produce an agreement pursuant to Subsection (1)(a) between the publisher or manufacturer and the institution as to an electronic format that will preserve the structural integrity of the printed instructional material, the publisher or manufacturer shall provide the instructional material in ASCII text and shall preserve as much of the structural integrity of the printed instructional material as possible. 53H-7-802(2) The computer files or electronic versions of the printed instructional material shall be provided to the institution at no additional cost and in a timely manner, upon receipt of a written request that:certifies that the institution has purchased the printed instructional material for use by a student with a disability or that a student with a disability attending or registered to attend that institution has purchased the printed instructional material;certifies that the student has a disability that prevents the student from using standard instructional materials;certifies that the printed instructional material is for use by the student in connection with a course in which the student is registered or enrolled at the institution; andis signed by the coordinator of services for students with disabilities at the institution or by the official responsible for monitoring compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq. at the institution. 53H-7-802(3) A publisher or manufacturer providing instructional materials in an electronic format to an institution may require that, in addition to the requirements specified in Subsections (2)(a) through (2)(d), the request shall include a statement signed by the student that:the student will use the electronic copy of the printed instructional material in specialized format solely for the student’s own educational purposes; andthe student will not copy or duplicate the printed instructional material for use by others. 53H-7-802(4) If an institution permits a student to directly use the electronic version of an instructional material, the disk or file shall be copy-protected or the institution shall take other reasonable precautions to ensure that the student does not copy or distribute electronic versions of instructional materials in violation of the Copyright Revisions Act of 1976, 17 U.S.C. Sec. 101 et seq. 53H-7-802(5) A person that publishes or manufactures nonprinted instructional materials for students attending an institution of higher education shall provide computer files or other electronic versions of the nonprinted instructional materials for use by students attending the institution subject to the same requirements specified in Subsections (1) and (2) for printed instructional materials, when technology is available to convert the nonprinted instructional materials to a format that maintains the structural integrity of the nonprinted instructional materials that is compatible with braille translation and speech synthesis software. 53H-7-802(6) Nothing in this part shall be construed to prohibit an institution from assisting a student with a disability by using the electronic version of printed instructional material provided pursuant to this section solely to transcribe or arrange for the transcription of the printed instructional materials into braille. If a transcription is made, the institution shall have the right to share the braille copy of the printed instructional material with other students with disabilities.

53H-7-803 - Centers for processing requests for electronic versions of instructional materials.

53H-7-803(1) The board may establish one or more centers to process requests for electronic versions of instructional materials pursuant to this part. 53H-7-803(2) The institutions designated as within the jurisdiction of a center shall submit requests for instructional material to the center, which shall transmit the request to the publisher or manufacturer. 53H-7-803(3) If there is more than one center, each center shall make every effort to coordinate requests. 53H-7-803(4) The publisher or manufacturer of instructional material shall be required to honor and respond to only those requests submitted through a designated center. 53H-7-803(5) If a publisher or manufacturer has responded to a request for instructional materials by a center, all subsequent requests for those instructional materials shall be satisfied by the center to which the request is made.

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.

53H-7-805(1) the designation of materials considered “required or essential to student success”; 53H-7-805(2) the determination of the availability of technology for the conversion of nonprinted materials pursuant to Section 53H-7-802 and the conversion of mathematics and science materials pursuant to Section 53H-7-801; and 53H-7-805(3) the procedures and standards relating to distribution of files and materials pursuant to Section 53H-7-802.

Other Student-Related Policies

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

53H-7-902 - Free expression policies.

53H-7-902(1) As used in this section, “free expression policy” means an institution’s policy, regulation, or other expectation related to student expression. 53H-7-902(2) An institution shall:publish the institution’s free expression policies:in the institution’s student handbook; andon the institution’s website;include information about the institution’s free expression policies in an orientation program for students enrolled in the institution; anddevelop a program, procedures, and materials to ensure that an individual who has responsibility for the discipline or education of a student at the institution understands the institution’s free expression policies. 53H-7-902(3) An individual described in Subsection (2)(c) includes an institution:administrator;campus police officer;residence life official; andfaculty member. 53H-7-902(4) An institution shall ensure that a free expression policy is consistent with the provisions of this chapter and ensure the policy is:viewpoint-neutral in text and application; andrespects a student organization’s rights, as described in this chapter.

53H-7-903 - Student religious accommodations.

53H-7-903(1) An institution shall:reasonably accommodate a student’s absence from an examination or other academic requirement under the circumstances described in Subsection (2) for reasons of:the student’s faith or conscience; orthe student’s participation in an organized activity conducted under the auspices of the student’s religious tradition or religious organization; andensure that an accommodation described in Subsection (1)(a) does not adversely impact the student’s academic opportunities. 53H-7-903(2) An institution shall make an accommodation described in Subsection (1) if:the time at which an examination or academic requirement is scheduled to occur creates an undue hardship for a student due to the student’s sincerely held religious belief; andthe student provides a written notice to the instructor of the course for which the student seeks the accommodation regarding the date of the examination or academic requirement for which the student seeks the accommodation. 53H-7-903(3) An institution shall establish policies related to the accommodation described in Subsection (1) that:require the institution to provide the accommodation with respect to when the student participates in examinations and other academic requirements;allow an instructor who receives a notice described in Subsection (2)(b) to:schedule an alternative examination time before or after the regularly scheduled examination; ormake accommodations for other academic requirements related to the accommodation; andrequire an instructor who receives a notice described in Subsection (2)(b) to keep confidential a student’s request for the accommodation. 53H-7-903(4) The commissioner shall annually:create a list of the dates of religious holidays for the following two years; anddistribute the list described in Subsection (4)(a) to an institution.The creation and distribution of the list described in Subsection (4)(a) does not prohibit a student from seeking, or an institution from granting, an accommodation for a date of a religious holiday that is not included on that list. 53H-7-903(5) An institution shall:designate a point of contact for information about an accommodation described in Subsection (1);establish a process by which a student may submit a grievance with regards to implementation of this section; andpublish the following information on the institution’s website and update the information annually:the institution’s religious accommodation policies described in Subsection (3);the point of contact described in Subsection (5)(a);the list described in Subsection (4);a description of the general procedure to request an accommodation described in Subsection (1); andthe grievance process described in Subsection (5)(b).