53B-27-401.  Definitions.
     As used in this part:

(1)  “Discriminatory harassment” means student-on-student speech that:

Terms Used In Utah Code 53B-27-401

  • institution: means an institution of higher education listed in Section 53B-1-102. See Utah Code 53B-27-102
  • 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 at an institution. See Utah Code 53B-27-401
  • Student-on-student speech: means verbal, written, or other communication that is:
(i) communicated by a student; and
(ii) directed at another student. See Utah Code 53B-27-401
(a)  is unwelcome;

(b)  discriminates on the basis of a classification protected under federal or state law; and

(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.

(2)  “Student” means an individual enrolled at an institution.

(3) 

(a)  “Student-on-student speech” means verbal, written, or other communication that is:

(i)  communicated by a student; and

(ii)  directed at another student.

(b)  “Student-on-student speech” does not include an act of physical contact between a student and another student.

Enacted by Chapter 125, 2021 General Session