Utah Code 53B-1-117. Prohibition on the use of certain training in higher education — Exceptions
Current as of: 2024 | Check for updates
|
Other versions
(1) As used in this section:
Terms Used In Utah Code 53B-1-117
- 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
(1)(a) “Prohibited training” means a mandatory instructional program and related materials that an institution requires the institution’s employees, prospective employees, students, or prospective students, to attend that promote prohibited discriminatory practices as that term is defined in Section 53B-1-118 .
(1)(b) “Prohibited training” includes an in-person or online seminar, discussion group, workshop, other program, or related materials.
(2) An institution may not require prohibited training.
(3) An institution shall annually train the institution’s faculty and staff on academic freedom and freedom of speech in accordance with state or federal law.
(4) Nothing in this section limits or prohibits an institution’s authority to establish policies that are necessary to comply with state or federal law, including laws relating to prohibited discrimination or harassment.
(5)
(5)(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:
(5)(a)(i) for 2025, on each institution of higher education; and
(5)(a)(ii) for 2026, and every year after, on one-half of the institutions of higher education and one-half of the technical colleges.
(5)(b) If the board identifies a violation of this section, the board shall:
(5)(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
(5)(b)(ii) provide the institution 180 days after the day of the creation of the remediation plan to cure the violation.
(6) On or before November 1 of each year, the board shall prepare and submit a report to the Higher Education Appropriations Subcommittee on:
(6)(a) the review process and each institution’s compliance determination; or
(6)(b) if a violation is identified, the remediation plan and progress under Subsection (5)(b).
(7) 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 (5)(b).
(8) 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.