Utah Code 53B-27-402. Institution duties
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(1) An institution is in violation of this part if the institution:
Terms Used In Utah Code 53B-27-402
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Discriminatory harassment: means student-on-student speech that:(1)(a) is unwelcome;(1)(b) discriminates on the basis of a classification protected under federal or state law; and(1)(c) is 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. See Utah Code 53B-27-401
- institution: means an institution of higher education listed in Section 53B-1-102. See Utah Code 53B-27-102
- Student: means an individual enrolled at an institution. See Utah Code 53B-27-401
- Student-on-student speech: means verbal, written, or other communication that is:(3)(a)(i) communicated by a student; and(3)(a)(ii) directed at another student. See Utah Code 53B-27-401
(1)(a) gains actual knowledge of discriminatory harassment in the institution’s program or activity; and
(1)(b) acts with deliberate indifference to the discriminatory harassment.
(2)
(2)(a) An institution may not sanction or discipline, as discriminatory harassment, student-on-student speech that does not constitute discriminatory harassment.
(2)(b) 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.
(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.
(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.
(5) Nothing in this part prevents an institution from maintaining policies prohibiting stalking or other criminal activity.