53B-27-404.  Statute of limitations.

(1)  Except as provided in Subsection (3)(b), the attorney general may not bring an action under this part later than one year after the day on which the cause of action accrues.

Terms Used In Utah Code 53B-27-404

  • 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
    • (2)  For an action alleging a violation of Subsection 53B-27-402(2)(a), the cause of action accrues on the day on which the student receives final notice, from the institution, of sanction or discipline that violates Subsection 53B-27-402(2)(a).

    (3) 

    (a)  For an action alleging a violation of Subsection 53B-27-402(1), the cause of action accrues on the day on which the institution gains knowledge of the discriminatory harassment.

    (b)  For an action described in Subsection (3)(a), the limitation described in Subsection (1) extends to one year after the day on which the most recent known act of discriminatory harassment, involving the same parties as a prior known act of discriminatory harassment, occurs.

    Enacted by Chapter 125, 2021 General Session

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