Terms Used In Utah Code > Title 53B > Chapter 28 - Student Rights and Responsibilities

• Advisory group: means the institution of higher education privacy advisory group established by the state privacy officer under Section 53B-28-502. See Utah Code 53B-28-501
• 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
• 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
• 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
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Data breach: means an unauthorized release of or unauthorized access to personally identifiable student data that an education entity maintains. See Utah Code 53B-28-501
• Data governance plan: means an education entity's comprehensive plan for managing education data that:
       (4)(a) incorporates reasonable data industry best practices to maintain and protect student data and other education-related data;
       (4)(b) describes the role, responsibility, and authority of the board or an institution privacy officer;
       (4)(c) provides for necessary technical assistance, training, support, and auditing;
       (4)(d) describes the process for sharing student data between the education entity and another person;
       (4)(e) describes the education entity's data expungement process, including how to respond to requests for expungement;
       (4)(f) describes the data breach response process; and
       (4)(g) is published annually and available on the institution's website or the Utah System of Higher Education's website. See Utah Code 53B-28-501
• Education entity: means the Utah Board of Higher Education or an institution. See Utah Code 53B-28-501
• 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
• Higher education privacy officer: means a privacy officer that the board designates under Section 53B-28-503. See Utah Code 53B-28-501
• 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 described in Section 53B-1-102. See Utah Code 53B-28-501
• 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
• 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
• Minor: means a person younger than 18 years old. See Utah Code 53B-28-501
• 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
• Personally identifiable student data: includes :
            (9)(b)(i) a student's first and last name;
            (9)(b)(ii) the first and last name of a student's family member;
            (9)(b)(iii) a student's or a student's family's home or physical address;
            (9)(b)(iv) a student's email address or other online contact information;
            (9)(b)(v) a student's telephone number;
            (9)(b)(vi) a student's social security number;
            (9)(b)(vii) a student's biometric identifier;
            (9)(b)(viii) a student's health or disability data;
            (9)(b)(ix) a student's education entity student identification number;
            (9)(b)(x) a student's social media user name and password or alias;
            (9)(b)(xi) if associated with personally identifiable student data, the student's persistent identifier, including:

                 (9)(b)(xi)(A) a customer number held in a cookie; or

                 (9)(b)(xi)(B) a processor serial number;
            (9)(b)(xii) a combination of a student's last name or photograph with other information that together permits a person to contact the student online;
            (9)(b)(xiii) information about a student or a student's family that a person collects online and combines with other personally identifiable student data to identify the student; and
            (9)(b)(xiv) information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. See Utah Code 53B-28-501
• 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
• 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
• 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: 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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 privacy officer: means the state privacy officer described in Section 67-3-13. See Utah Code 53B-28-501
• Student: means an individual enrolled in an institution. See Utah Code 53B-28-301
• Student: means an individual enrolled in an institution. See Utah Code 53B-28-501
• Student data: means information about a student at the individual student level. See Utah Code 53B-28-501
• Third-party contractor: means a person who:
       (13)(a) is not an institution or an employee of an institution; and
       (13)(b) pursuant to a contract with an education entity, collects or receives student data in order to provide a product or service, as described in the contract, if the product or service is not related to school photography, yearbooks, graduation announcements, or a similar product or service. See Utah Code 53B-28-501
• 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 an individual who seeks an institutional advocacy service. See Utah Code 53B-28-201
• Victim: means a student who alleges that the student was a victim of sexual violence. See Utah Code 53B-28-301