Utah Code 53B-20-107. Powers of chief administrative officer to order individuals off an institution of higher education’s property
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(1) As used in this section:
Terms Used In Utah Code 53B-20-107
- Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5 - Property: includes both real and personal property. 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(1)(a) “Chief administrative officer” means the president of an institution or an individual designated by the president.
(1)(b) “Institution of higher education” means:
(1)(b)(i) a state institution of higher education as defined in Section 53B-3-102 ; or
(1)(b)(ii) a private institution of higher education in the state accredited by a regional or national accrediting agency recognized by the United States Department of Education.
(2) It is the purpose of this section to:
(2)(a) supplement and clarify the power vested in the governing board of each institution of higher education; and
(2)(b) regulate, conduct, and enforce law and order on property owned, operated, or controlled by each institution of higher education.
(3) A chief administrative officer may order an individual to leave property that is owned, operated, or controlled by an institution of higher education if:
(3)(a) the individual acts, or if the chief administrative officer has reasonable cause to believe that the individual intends to act, to:
(3)(a)(i) cause injury to an individual;
(3)(a)(ii) cause damage to property;
(3)(a)(iii) commit a crime;
(3)(a)(iv) interfere with the peaceful conduct of the activities of the institution of higher education;
(3)(a)(v) violate a rule or regulation of the institution of higher education if that rule or regulation is not in conflict with state law; or
(3)(a)(vi) disrupt the institution of higher education, the institution’s pupils, or the institution of higher education’s activities; or
(3)(b) the individual is reckless as to whether the individual’s actions will cause fear for the safety of another individual.
(4)
(4)(a) If a law enforcement agency or security department of an institution of higher education lacks sufficient manpower to deal effectively with a condition of unrest existing or developing on a campus or related facility of the institution of higher education in the judgment of the chief administrative officer, the chief administrative officer may call for assistance from the county sheriff of the county, a city law enforcement agency, or the Department of Public Safety.
(4)(b) Upon receipt of the request under Subsection (4)(a), the county sheriff, a city law enforcement agency, or the Department of Public Safety must render all necessary assistance without expense to the institution of higher education.
(4)(c) All personnel while rendering assistance to the institution of higher education shall serve under the general direction of the chief administrative officer.
(5) Nothing in this section shall limit:
(5)(a) the right or duty of a local law enforcement agency to enforce the law which the local law enforcement agency had prior to this enactment; or
(5)(b) the right of a state or local law enforcement agency to enforce the laws of this state.