Terms Used In Utah Code > Title 23A > Chapter 4 > Part 2 - Basic Requirements

• Abusive conduct: means verbal, nonverbal, or physical conduct of a parent or student directed toward a school employee that, based on its severity, nature, and frequency of occurrence, a reasonable person would determine is intended to cause intimidation, humiliation, or unwarranted distress. See Utah Code 53G-9-601
• Action plan: means a process to address an incident as described in Section Utah Code 53G-9-601
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Allegation: something that someone says happened.
• Alternative classroom schedule: means a classroom schedule that is different than the schedule followed by other classrooms in the applicable school or LEA. See Utah Code 53G-10-601
• Alternative curriculum: means curriculum in one or more subject areas that is based on standards that are different than the standards:
       (2)(a) adopted by the state board; and
       (2)(b) applicable to the regular curriculum offered in the subject area or areas in the applicable school or LEA. See Utah Code 53G-10-601
• 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.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• behind-the-wheel driving: means operating a dual-controlled motor vehicle under the supervision of a certified instructor. See Utah Code 53G-10-501
• Bullying: means a school employee or student intentionally committing a written, verbal, or physical act against a school employee or student that a reasonable person under the circumstances should know or reasonably foresee will have the effect of:
       (3)(a) causing physical or emotional harm to the school employee or student;
       (3)(b) causing damage to the school employee's or student's property;
       (3)(c) placing the school employee or student in reasonable fear of:

            (3)(c)(i) harm to the school employee's or student's physical or emotional well-being; or

            (3)(c)(ii) damage to the school employee's or student's property;
       (3)(d) creating a hostile, threatening, humiliating, or abusive educational environment due to:

            (3)(d)(i) the pervasiveness, persistence, or severity of the actions; or

            (3)(d)(ii) a power differential between the bully and the target; or
       (3)(e) substantially interfering with a student having a safe school environment that is necessary to facilitate educational performance, opportunities, or benefits. See Utah Code 53G-9-601
• Certificate of registration: means a paper-based or electronic document issued under this title, or a rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 23A-1-101
• Communication: means the conveyance of a message, whether verbal, written, or electronic. See Utah Code 53G-9-601
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Congressional Record: The substantially verbatim account of daily proceedings in Congress. It is printed for each day Congress is in session. At the back of each daily issue is the "Daily Digest," which summarizes the day's floor and committee activities.
• Contract: A legal written agreement that becomes binding when signed.
• Cyber-bullying: means using the Internet, a cell phone, or another device to send or post text, video, or an image with the intent or knowledge, or with reckless disregard, that the text, video, or image will hurt, embarrass, or threaten an individual, regardless of whether the individual directed, consented to, or acquiesced in the conduct, or voluntarily accessed the electronic communication. See Utah Code 53G-9-601
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Director: means the director of the division appointed under Section 23A-2-202. See Utah Code 23A-1-101
• Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
• Driver education: includes classroom instruction and driving and observation in a dual-controlled motor vehicle. See Utah Code 53G-10-501
• electronic cigarette product: means the same as that term is defined in Section 76-10-101. See Utah Code 53G-1-103
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Fishing: means to take fish or crayfish by any means. See Utah Code 23A-1-101
• Hazing: means a school employee or student intentionally, knowingly, or recklessly committing an act or causing another individual to commit an act toward a school employee or student that:
            (6)(a)(i)

                 (6)(a)(i)(A) endangers the mental or physical health or safety of a school employee or student;

                 (6)(a)(i)(B) involves any brutality of a physical nature, including whipping, beating, branding, calisthenics, bruising, electric shocking, placing of a harmful substance on the body, or exposure to the elements;

                 (6)(a)(i)(C) involves consumption of any food, alcoholic product, drug, or other substance or other physical activity that endangers the mental or physical health and safety of a school employee or student; or

                 (6)(a)(i)(D) involves any activity that would subject a school employee or student to extreme mental stress, such as sleep deprivation, extended isolation from social contact, or conduct that subjects a school employee or student to extreme embarrassment, shame, or humiliation; and
            (6)(a)(ii)

                 (6)(a)(ii)(A) is committed for the purpose of initiation into, admission into, affiliation with, holding office in, or as a condition for membership in a school or school sponsored team, organization, program, club, or event; or

                 (6)(a)(ii)(B) is directed toward a school employee or student whom the individual who commits the act knows, at the time the act is committed, is a member of, or candidate for membership in, a school or school sponsored team, organization, program, club, or event in which the individual who commits the act also participates. See Utah Code 53G-9-601
• Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
• Incident: means an incident of bullying, cyber-bullying, hazing, or retaliation that is prohibited under this part. See Utah Code 53G-9-601
• Innovation grant: means a grant of money under Section 53G-10-608 to pay for some or all innovation program costs. See Utah Code 53G-10-601
• Innovation program: means a program establishing an alternative classroom schedule or an alternative curriculum, or both. See Utah Code 53G-10-601
• Innovation program application: means an application:
       (6)(a) proposing the implementation of an innovation program; and
       (6)(b) submitted under Section 53G-10-603 to the LEA governing board for the LEA in which the innovation program is proposed. See Utah Code 53G-10-601
• Innovation program costs: means costs occasioned by an innovation program that exceed costs of a class that is not subject to an innovation program. See Utah Code 53G-10-601
• 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.
• LEA governing board: means a local school board or charter school governing board. See Utah Code 53G-9-601
• Nonresident: means a person who does not qualify as a resident. See Utah Code 23A-1-101
• 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.
• Opportunity class: means a school class within the public education system that implements an innovation program. See Utah Code 53G-10-601
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating student: means a K-12 student who participates in an opportunity class under an approved innovation program. See Utah Code 53G-10-601
• Permit: means a paper-based or electronic document that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23A-1-101
• Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
• 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
• Policy: means an LEA governing board policy described in Section 53G-9-605. See Utah Code 53G-9-601
• Possession: means actual or constructive possession. See Utah Code 23A-1-101
• Private fish pond: means a pond, reservoir, or other body of water, including a fish culture system, located on privately owned land where privately owned fish:
            (38)(a)(i) are propagated or kept for a private noncommercial purpose; and
            (38)(a)(ii) may be taken without a fishing license. See Utah Code 23A-1-101
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Proclamation: means the publication that is:
       (41)(a) used to convey a statute, rule, policy, or pertinent information related to wildlife; and
       (41)(b) issued in accordance with a rule made by the Wildlife Board under this title. See Utah Code 23A-1-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Protected wildlife: means wildlife, except as provided in Subsection (43)(b). See Utah Code 23A-1-101
• Public education suicide prevention coordinator: means the public education suicide prevention coordinator described in Section 53G-9-702. See Utah Code 53G-9-601
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• resident: means a person who:
       (47)(a) has been domiciled in the state for six consecutive months immediately preceding the purchase of a license; and
       (47)(b) does not claim residency for hunting, fishing, or trapping in another state or country. See Utah Code 23A-1-101
• School: means a public elementary or secondary school, including a charter school. See Utah Code 53G-9-601
• School employee: means an individual working in the individual's official capacity as:
       (13)(a) a school teacher;
       (13)(b) a school staff member;
       (13)(c) a school administrator; or
       (13)(d) an individual:

            (13)(d)(i) who is employed, directly or indirectly, by a school, an LEA governing board, or a school district; and

            (13)(d)(ii) who works on a school campus. See Utah Code 53G-9-601
• Sell: means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. See Utah Code 23A-1-101
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Short-term fishing event: means an event when:
       (49)(a) privately acquired fish are held or confined for a period not to exceed 10 days for the purpose of providing fishing or recreational opportunity; and
       (49)(b) no fee is charged as a requirement to fish. See Utah Code 23A-1-101
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. 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
• State suicide prevention coordinator: means the state suicide prevention coordinator described in Section 26B-5-611. See Utah Code 53G-9-601
• State superintendent: means the state superintendent of public instruction appointed under Section 53E-3-301. See Utah Code 53G-9-601
• Tag: means a card, label, or other paper-based or electronic means of identification used to document harvest of protected wildlife. See Utah Code 23A-1-101
• Take: means to:
       (54)(a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill protected wildlife; or
       (54)(b) attempt an action referred to in Subsection (54)(a). See Utah Code 23A-1-101
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Trapping: means taking protected wildlife with a trapping device. See Utah Code 23A-1-101
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Wildlife: means :
       (61)(a) crustaceans, including brine shrimp and crayfish;
       (61)(b) mollusks; and
       (61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
• Wildlife Board: means the board created in Section 23A-2-301. See Utah Code 23A-1-101
• Wildlife parts: means biological material derived from the body or anatomy of wildlife, including:
       (63)(a) an antler or horn;
       (63)(b) a hide;
       (63)(c) a bone; or
       (63)(d) meat. See Utah Code 23A-1-101
• 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