Utah Code 53B-27-402. Institution duties

53B-27-402. Institution duties.

(1)

An institution is in violation of this part if the institution:

Terms Used In Utah Code 53B-27-402

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.
Discriminatory harassment: means student-on-student speech that:

(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. See Utah Code 53B-27-401

institution: means an institution of higher education listed in Section 53B-1-102. See Utah Code 53B-27-102

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 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)	gains actual knowledge of discriminatory harassment in the institution’s program or activity; and

(b)	acts with deliberate indifference to the discriminatory harassment.

(2)

(a)	An institution may not sanction or discipline, as discriminatory harassment, student-on-student speech that does not constitute discriminatory harassment.

(b)	An institution is not liable under this part for failing to sanction or discipline a student who communicates student-on-student speech that is not discriminatory harassment.

(3)	Nothing in this part prevents an institution from sanctioning or disciplining student-on-student speech that is otherwise not protected under the First Amendment to the United States Constitution.

(4)	Nothing in this part prevents an institution from responding to student-on-student speech that is not discriminatory harassment by taking nonpunitive actions designed to promote a welcoming, inclusive environment.

(5)	Nothing in this part prevents an institution from maintaining policies prohibiting stalking or other criminal activity.

Enacted by Chapter 125, 2021 General Session

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