Utah Code > Title 20A > Chapter 11 > Part 14 – Voluntary Contributions Act
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Terms Used In Utah Code > Title 20A > Chapter 11 > Part 14 - Voluntary Contributions Act
- Academic dishonesty: means an act of dishonesty relating to a student's academic work or performance. See Utah Code 53B-27-602
- Accused student: means an individual enrolled in an institution who has allegedly violated a policy or rule. See Utah Code 53B-27-602
- Accused student organization: means a student organization, recognized by an institution, that has allegedly violated a policy or rule. See Utah Code 53B-27-602
- Allegation: something that someone says happened.
- Alleged perpetrator: means an individual whom a victim alleges committed an act of sexual violence against the victim. See Utah Code 53B-28-301
- Alleged victim: means an individual whose rights are allegedly infringed or who is otherwise allegedly harmed by an accused student's or a student organization's violation of a policy or rule. See Utah Code 53B-27-602
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Arrest: Taking physical custody of a person by lawful authority.
- Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
- Candidate: means any person who:(4)(a) files a declaration of candidacy for a public office; or(4)(b) receives contributions, makes expenditures, or gives consent for any other person to receive contributions or make expenditures to bring about the person's nomination or election to a public office. See Utah Code 20A-11-101
- Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
- Certified advocate: means an individual who:
(1)(a) is employed by or volunteers at a qualified institutional victim services provider;(1)(b) has completed at least 40 hours of training in counseling and assisting victims of sexual harassment, sexual assault, rape, dating violence, domestic violence, or stalking; and(1)(c) acts under the supervision of the director or director's designee of a qualified institutional victim services provider. See Utah Code 53B-28-201- Code of conduct: means an institution's student code of conduct, student code of ethics, honor code, or other policy under which the institution may sanction a student. See Utah Code 53B-28-301
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Confidential communication: includes a record that is created or maintained as a result of the communication described in Subsection (2)(a). See Utah Code 53B-28-201
- Contribution: means any of the following when done for political purposes:
(6)(a)(i) a gift, subscription, donation, loan, advance, or deposit of money or anything of value given to the filing entity;(6)(a)(ii) an express, legally enforceable contract, promise, or agreement to make a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to the filing entity;(6)(a)(iii) any transfer of funds from another reporting entity to the filing entity;(6)(a)(iv) compensation paid by any person or reporting entity other than the filing entity for personal services provided without charge to the filing entity;(6)(a)(v) remuneration from:(6)(a)(v)(A) any organization or its directly affiliated organization that has a registered lobbyist; or(6)(a)(v)(B) any agency or subdivision of the state, including school districts;(6)(a)(vi) a loan made by a candidate deposited to the candidate's own campaign; and(6)(a)(vii) in-kind contributions. See Utah Code 20A-11-101- Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
- Covered allegation: means an allegation made to an institution that an individual committed an act of sexual violence. See Utah Code 53B-28-301
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Election: means each:
(13)(a) regular general election;(13)(b) regular primary election; and(13)(c) special election at which candidates are eliminated and selected. See Utah Code 20A-11-101- Evidence: means information that is inculpatory or exculpatory as the information relates to an accusation against an accused student or accused student organization, including:
(5)(a) a complainant statement;(5)(b) a third-party witness statement;(5)(c) electronically stored information;(5)(d) a written communication;(5)(e) a post to social media; or(5)(f) demonstrative evidence. See Utah Code 53B-27-602- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Full participation: means the opportunity in a student or student organization disciplinary proceeding to:
(6)(a) make opening and closing statements;(6)(b) examine and cross-examine a witness;(6)(c) introduce relevant evidence; and(6)(d) provide support, guidance, or advice to an accused student, accused student organization, or alleged victim. See Utah Code 53B-27-602- institution: means a public or private postsecondary institution that is located in Utah, including an institution of higher education listed in Section 53B-1-102. See Utah Code 53B-28-102
- institution: means an institution of higher education listed in Section 53B-1-102. See Utah Code 53B-27-102
- Institutional advocacy service: means a safety planning, counseling, psychological, support, advocacy, medical, or legal service that:
(3)(a) addresses issues involving:(3)(a)(i) sexual harassment;(3)(a)(ii) sexual assault;(3)(a)(iii) rape;(3)(a)(iv) domestic violence;(3)(a)(v) dating violence; or(3)(a)(vi) stalking; and(3)(b) is provided by a qualified institutional victim services provider. See Utah Code 53B-28-201- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- labor organization: includes each employee association and union for employees of public and private sector employers. See Utah Code 20A-11-1402
- Law enforcement agency: means an off-campus law enforcement agency of the unit of local government with jurisdiction to respond to a covered allegation. See Utah Code 53B-28-301
- Legal representation: means an attorney, who is licensed to practice law in this state and whom:
(7)(a) an accused student selects to assist the student in the student's disciplinary proceeding;(7)(b) an alleged victim selects to assist the alleged victim at a proceeding that pertains to the alleged victim; or(7)(c) an accused student organization selects to assist the student organization at a student organization disciplinary proceeding. See Utah Code 53B-27-602- Nonattorney advocate: means an individual, who is not licensed to practice law and whom:
(8)(a) an accused student selects to assist the student in the student's disciplinary proceeding;(8)(b) an alleged victim selects to assist the alleged victim at a proceeding that pertains to the alleged victim; or(8)(c) an accused student organization selects to assist the student organization at a student organization disciplinary proceeding. See Utah Code 53B-27-602- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Person: means both natural and legal persons, including individuals, business organizations, personal campaign committees, party committees, political action committees, political issues committees, and labor organizations, as defined in Section
20A-11-1501 . See Utah Code 20A-11-101- Personal campaign committee: means the committee appointed by a candidate to act for the candidate as provided in this chapter. See Utah Code 20A-11-101
- Policy or rule: means a policy or rule, or a relevant section of a policy or rule, of an institution that, if violated, may result in:
(9)(a) for a student, a suspension of 10 calendar days or more or expulsion from the institution; or(9)(b) for a student organization, the suspension or the removal of institutional recognition of the student organization. See Utah Code 53B-27-602- Political action committee: includes groups affiliated with a registered political party but not authorized or organized by the governing board of the registered political party that receive contributions or makes expenditures for political purposes. See Utah Code 20A-11-101
- Political fund: means a separate segregated fund established by a labor organization for political purposes that meets the requirements of this part. See Utah Code 20A-11-1402
- Political issues committee: means an entity, or any group of individuals or entities within or outside this state, a major purpose of which is to:
(39)(a)(i) solicit or receive donations from any other person, group, or entity to assist in placing a ballot proposition on the ballot, assist in keeping a ballot proposition off the ballot, or to advocate that a voter refrain from voting or vote for or vote against any ballot proposition;(39)(a)(ii) make expenditures to expressly advocate for any person to sign or refuse to sign a ballot proposition or incorporation petition or refrain from voting, vote for, or vote against any proposed ballot proposition or an incorporation in an incorporation election; or(39)(a)(iii) make expenditures to assist in qualifying or placing a ballot proposition on the ballot or to assist in keeping a ballot proposition off the ballot. See Utah Code 20A-11-101- Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
- Political purposes: means an act done with the intent or in a way to influence or tend to influence, directly or indirectly, any person to refrain from voting or to vote for or against any candidate for public office at any caucus, political convention, primary, or election. See Utah Code 20A-11-1402
- Proceeding: means an adjudicatory hearing, including an appeal, in which evidence is presented to a hearing officer or a hearing panel, and that is:
(10)(a) required by a policy or rule; or(10)(b) held to determine whether a policy or rule has been violated. See Utah Code 53B-27-602- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public office: means the office of governor, lieutenant governor, state auditor, state treasurer, attorney general, state school board member, state senator, state representative, speaker of the House of Representatives, president of the Senate, and the leader, whip, and assistant whip of any party caucus in either house of the Legislature. See Utah Code 20A-11-101
- Qualified institutional victim services provider: means an organization that:
(4)(a)(i) is affiliated with an institution;(4)(a)(ii) employs or provides volunteer opportunities for certified advocates;(4)(a)(iii) provides an institutional advocacy service to victims or families of victims; and(4)(a)(iv) is designated by the affiliated institution as a qualified institutional victim services provider. See Utah Code 53B-28-201- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :
(31)(a) land;(31)(b) a tenement;(31)(c) a hereditament;(31)(d) a water right;(31)(e) a possessory right; and(31)(f) a claim. See Utah Code 68-3-12.5- Record: means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics. See Utah Code 53B-28-201
- Sexual violence: means :
(5)(a) sexual abuse as described in Utah Code 53B-28-301- 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
- Student: means an individual enrolled in an institution. See Utah Code 53B-28-301
- Student disciplinary proceeding: means a proceeding initiated by an institution to determine whether an accused student has violated a policy or rule. See Utah Code 53B-27-602
- Student organization: means a club or other organization:
(12)(a) that meets during noninstructional time;(12)(b) that is recognized by the institution at which the organization meets; and(12)(c) with a majority of members who are current students at the institution. See Utah Code 53B-27-602- Student organization disciplinary proceeding: means a proceeding initiated by an institution to determine whether an accused student organization has violated a rule or policy. See Utah Code 53B-27-602
- Union dues: means dues, fees, money, or other assessments required as a condition of membership or participation in a labor organization. See Utah Code 20A-11-1402
- Victim: means a student who alleges that the student was a victim of sexual violence. See Utah Code 53B-28-301
- Victim: means an individual who seeks an institutional advocacy service. See Utah Code 53B-28-201
- 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