Terms Used In Utah Code > Title 53B > Chapter 27 - Campus Individual Rights 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
• Address: means the number and street where an individual resides or where a reporting entity has its principal office. See Utah Code 20A-11-101
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• 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
• 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.
• 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.
• 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
• Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
• 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
• Chief election officer: means :
       (5)(a) the lieutenant governor for state office candidates, legislative office candidates, officeholders, political parties, political action committees, corporations, political issues committees, state school board candidates, judges, and labor organizations, as defined in Section 20A-11-1501; and
       (5)(b) the county clerk for local school board candidates. See Utah Code 20A-11-101
• Civil liberty: means a civil liberty enumerated in the United States Constitution or the Utah Constitution. See Utah Code 53B-27-301
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Detailed listing: means :
       (11)(a) for each contribution or public service assistance:

            (11)(a)(i) the name and address of the individual or source making the contribution or public service assistance, except to the extent that the name or address of the individual or source is unknown;

            (11)(a)(ii) the amount or value of the contribution or public service assistance; and

            (11)(a)(iii) the date the contribution or public service assistance was made; and
       (11)(b) for each expenditure:

            (11)(b)(i) the amount of the expenditure;

            (11)(b)(ii) the goods or services acquired by the expenditure; and

            (11)(b)(iii) the date the expenditure was made. See Utah Code 20A-11-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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
• 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
• Election officer: means :
       (23)(a) the lieutenant governor, for all statewide ballots and elections;
       (23)(b) the county clerk for:

            (23)(b)(i) a county ballot and election; and

            (23)(b)(ii) a ballot and election as a provider election officer as provided in Section Utah Code 20A-1-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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
• Expenditure: means any of the following made by a reporting entity or an agent of a reporting entity on behalf of the reporting entity:
            (15)(a)(i) any disbursement from contributions, receipts, or from the separate bank account required by this chapter;
            (15)(a)(ii) a purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value made for political purposes;
            (15)(a)(iii) an express, legally enforceable contract, promise, or agreement to make any purchase, payment, donation, distribution, loan, advance, deposit, gift of money, or anything of value for political purposes;
            (15)(a)(iv) compensation paid by a filing entity for personal services rendered by a person without charge to a reporting entity;
            (15)(a)(v) a transfer of funds between the filing entity and a candidate's personal campaign committee;
            (15)(a)(vi) goods or services provided by the filing entity to or for the benefit of another reporting entity for political purposes at less than fair market value; or
            (15)(a)(vii) an independent expenditure, as defined in Section 20A-11-1702. See Utah Code 20A-11-101
• expressive activity: includes :
  (1) peacefully assembling, protesting, or speaking;
  (2) distributing literature;
  (3) carrying a sign; or
  (4) circulating a petition. See Utah Code 53B-27-202
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Federal office: means the office of president of the United States, United States Senator, or United States Representative. See Utah Code 20A-11-101
• Financial statement: includes any summary report, interim report, verified financial statement, or other statement disclosing contributions, expenditures, receipts, donations, or disbursements that is required by this chapter or Chapter 12, Part 2, Judicial Retention Elections. See Utah Code 20A-11-101
• 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
• Initiate rulemaking proceedings: means the same as that term is defined in Section 63G-3-601. See Utah Code 53B-27-301
• institution: means an institution of higher education listed in Section 53B-1-102. See Utah Code 53B-27-102
• Interim report: means a report identifying the contributions received and expenditures made since the last report. See Utah Code 20A-11-101
• 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
• Officeholder: means a person who holds a public office. See Utah Code 20A-11-101
• Oversight: Committee review of the activities of a Federal agency or program.
• 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
• 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
• 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
• Personal use expenditure: includes :
            (1)(b)(i) a mortgage, rent, utility, or vehicle payment;
            (1)(b)(ii) a household food item or supply;
            (1)(b)(iii) a clothing expense, except:

                 (1)(b)(iii)(A) clothing bearing the candidate's name or campaign slogan or logo that is used in the candidate's campaign;

                 (1)(b)(iii)(B) clothing bearing the logo or name of a jurisdiction, district, government organization, government entity, caucus, or political party that the officeholder represents or of which the officeholder is a member; or

                 (1)(b)(iii)(C) repair or replacement of clothing that is damaged while the candidate or officeholder is engaged in an activity of a candidate or officeholder;
            (1)(b)(iv) an admission to a sporting, artistic, or recreational event or other form of entertainment;
            (1)(b)(v) dues, fees, or gratuities at a country club, health club, or recreational facility;
            (1)(b)(vi) a salary payment made to:

                 (1)(b)(vi)(A) a candidate or officeholder; or

                 (1)(b)(vi)(B) a person who has not provided a bona fide service to a candidate or officeholder;
            (1)(b)(vii) a vacation;
            (1)(b)(viii) a vehicle expense;
            (1)(b)(ix) a meal expense;
            (1)(b)(x) a travel expense;
            (1)(b)(xi) a payment of an administrative, civil, or criminal penalty;
            (1)(b)(xii) a satisfaction of a personal debt;
            (1)(b)(xiii) a personal service, including the service of an attorney, accountant, physician, or other professional person;
            (1)(b)(xiv) a membership fee for a professional or service organization; and
            (1)(b)(xv) a payment in excess of the fair market value of the item or service purchased. See Utah Code 20A-11-104
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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 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
• Primary election: means any regular primary election held under the election laws. See Utah Code 20A-11-101
• 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
• Process: means a writ or summons issued in the course of a judicial proceeding. 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
• Public service assistance: means the following when given or provided to an officeholder to defray the costs of functioning in a public office or aid the officeholder to communicate with the officeholder's constituents:
            (47)(a)(i) a gift, subscription, donation, unpaid or partially unpaid loan, advance, or deposit of money or anything of value to an officeholder; or
            (47)(a)(ii) goods or services provided at less than fair market value to or for the benefit of the officeholder. See Utah Code 20A-11-101
• Receipts: means contributions and public service assistance. See Utah Code 20A-11-101
• Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
• Regular primary election: means the election, held on the date specified in Section Utah Code 20A-1-102
• School board office: means the office of state school board. See Utah Code 20A-11-101
• Source: means the person or entity that is the legal owner of the tangible or intangible asset that comprises the contribution. See Utah Code 20A-11-101
• Statute: A law passed by a legislature.
• Student: means an individual enrolled at an institution. See Utah Code 53B-27-401
• 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
• 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
• Summary report: means the year end report containing the summary of a reporting entity's contributions and expenditures. See Utah Code 20A-11-101
• Voter: means an individual who:
       (79)(a) meets the requirements for voting in an election;
       (79)(b) meets the requirements of election registration;
       (79)(c) is registered to vote; and
       (79)(d) is listed in the official register book. See Utah Code 20A-1-102