Utah Code 53G-7-705. Clubs — Limitations and denials
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(1) A school shall limit or deny authorization or school facilities use to a club, or require changes prior to granting authorization or school facilities use:
Terms Used In Utah Code 53G-7-705
- Bigotry: means action or advocacy of imminent action involving:(1)(a) the harassment or denigration of a person or entity; or(1)(b) any intent to cause a person not to freely enjoy or exercise any right secured by the constitution or laws of the United States or the state, except that an evaluation or prohibition may not be made of the truth or falsity of any religious belief or expression of conscience unless the means of expression or conduct arising therefrom violates the standards of conduct outlined in this section, Section 53G-10-203, or Utah Code 53G-7-701
- Club: means any student organization that meets during noninstructional time. See Utah Code 53G-7-701
- Encourage criminal or delinquent conduct: means action or advocacy of imminent action that violates any law or administrative rule. See Utah Code 53G-7-701
- Involve human sexuality: means :
(8)(a) presenting information in violation of laws governing sex education, including Sections 53G-10-402 and 53E-9-203;(8)(b) advocating or engaging in sexual activity outside of legally recognized marriage or forbidden by state law; or(8)(c) presenting or discussing information relating to the use of contraceptive devices or substances, regardless of whether the use is for purposes of contraception or personal health. See Utah Code 53G-7-701- LEA governing board: means a local school board or charter school governing board. See Utah Code 53G-7-701
- School: means a public school, including a charter school. See Utah Code 53G-7-701
- School facilities use: includes access to a limited open forum. See Utah Code 53G-7-701
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) as the school determines it to be necessary to:(1)(a)(i) protect the physical, emotional, psychological, or moral well-being of students and faculty;(1)(a)(ii) maintain order and discipline on school premises;(1)(a)(iii) prevent a material and substantial interference with the orderly conduct of a school’s educational activities;(1)(a)(iv) protect the rights of parents and students;(1)(a)(v) maintain the boundaries of socially appropriate behavior; or(1)(a)(vi) ensure compliance with all applicable laws, rules, regulations, and policies; or(1)(b) if a club’s proposed charter and proposed activities indicate students or advisors in club related activities would as a substantial, material, or significant part of their conduct or means of expression:(1)(b)(i) encourage criminal or delinquent conduct;(1)(b)(ii) promote bigotry;(1)(b)(iii) involve human sexuality; or(1)(b)(iv) involve any effort to engage in or conduct mental health therapy, counseling, or psychological services for which a license would be required under state law.(2) An LEA governing board has the authority to determine whether any club meets the criteria of Subsection (1).(3) If a school or LEA governing board limits or denies authorization to a club, the school or LEA governing board shall provide, in writing, to the applicant the factual and legal basis for the limitation or denial.(4) A student’s spontaneous expression of sentiments or opinions otherwise identified in Subsection 53E-9-203(1) is not prohibited.