Utah Code 53B-1-116. Prohibition on the use of certain submissions in higher education — Exceptions
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(1) As used in this section, “prohibited submission” means the same as that term is defined in Section 67-27-107 .
Terms Used In Utah Code 53B-1-116
- Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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
(2) Except as provided in Subsections (4) and (6), an institution may not require, request, solicit, or compel a prohibited submission as a certification or condition before taking action with respect to:
(2)(a) employment, including decisions regarding:
(2)(a)(i) hiring;
(2)(a)(ii) terms of employment;
(2)(a)(iii) benefits;
(2)(a)(iv) compensation;
(2)(a)(v) seniority status;
(2)(a)(vi) tenure or continuing status;
(2)(a)(vii) promotion;
(2)(a)(viii) performance reviews;
(2)(a)(ix) transfer;
(2)(a)(x) termination; or
(2)(a)(xi) appointment;
(2)(b) admission to, advancement in, or graduation from an institution or an academic program;
(2)(c) participation in an institution-sponsored program; or
(2)(d) qualification for or receipt of state financial aid or other state financial assistance.
(3) An institution may not grant any form of preferential consideration to an individual who, with or without solicitation from the institution, provides a prohibited submission for consideration for any action described in Subsection (2).
(4) If federal law requires an institution to accept or require a prohibited submission, the institution:
(4)(a) may accept the prohibited submission only to the extent required under federal law; and
(4)(b) shall limit consideration of the information contained in the prohibited submission to the extent necessary to satisfy the requirement under federal law.
(5) For a required prohibited submission under Subsection (4), an institution shall:
(5)(a) prepare a report to the institution’s governing board detailing the circumstances under which a prohibited submission is required; and
(5)(b) publish the report described in Subsection (5)(a) on the institution’s governing board website in a conspicuous location.
(6) Nothing in this section limits or prohibits an institution’s authority to establish policies that:
(6)(a) are necessary to comply with state or federal law, including laws relating to prohibited discrimination or harassment;
(6)(b) require disclosure of an employee’s academic research, classroom teaching, or coursework; or
(6)(c) require an applicant for employment, tenure, or promotion to disclose or discuss the applicant’s:
(6)(c)(i) research;
(6)(c)(ii) teaching agenda;
(6)(c)(iii) artistic creations; or
(6)(c)(iv) pedagogical approaches or experiences with students of all learning abilities.
(7)
(7)(a) Beginning on July 1, 2025, the board shall conduct a biennial review of an institution of higher education’s compliance with this section as follows:
(7)(a)(i) for 2025, on each institution of higher education; and
(7)(a)(ii) for 2026, and every year after, on one-half of the degree granting institutions of higher education and one-half of the technical colleges.
(7)(b) If the board identifies a violation of this section, the board shall:
(7)(b)(i) on or before 30 days after the day on which the board identifies the violation, work with the institution to create a remediation plan; and
(7)(b)(ii) provide the institution 180 days after the day of the creation of the remediation plan to cure the violation.
(8) On or before November 1 of each year, the board shall prepare and submit a report to the Higher Education Appropriations Subcommittee on:
(8)(a) the review process and each institution’s compliance determination; or
(8)(b) if a violation is identified, the remediation plan and progress under Subsection (7)(b).
(9) The Legislature may withhold future state appropriations to an institution that fails to cure a violation of this section within the time provided under Subsection (7)(b).
(10) The board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a procedure for accepting and processing an individual’s complaint against an institution for an alleged violation of this section.