53B-27-405. Student religious accommodations.
| (1) |
An institution shall:
Terms Used In Utah Code 53B-27-405
| (a) |
reasonably accommodate a student‘s absence from an examination or other academic requirement under the circumstances described in Subsection (2) for reasons of:
| (i) |
the student’s faith or conscience; or |
| (ii) |
the student’s participation in an organized activity conducted under the auspices of the student’s religious tradition or religious organization; and |
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| (b) |
ensure that an accommodation described in Subsection (1)(a) does not adversely impact the student’s academic opportunities. |
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| (2) |
An institution shall make an accommodation described in Subsection (1) if:
| (a) |
the time at which an examination or academic requirement is scheduled to occur creates an undue hardship for a student due to the student’s sincerely held religious belief; and |
| (b) |
the student provides a written notice to the instructor of the course for which the student seeks the accommodation regarding the date of the examination or academic requirement for which the student seeks the accommodation. |
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| (3) |
The board shall establish policies related to the accommodation described in Subsection (1) that:
| (a) |
require an institution to provide the accommodation with respect to when the student participates in examinations and other academic requirements; |
| (b) |
allow an instructor who receives a notice described in Subsection (2)(b) to:
| (i) |
schedule an alternative examination time before or after the regularly scheduled examination; or |
| (ii) |
make accommodations for other academic requirements related to the accommodation; and |
|
| (c) |
require an instructor who receives a notice described in Subsection (2)(b) to keep confidential a student’s request for the accommodation. |
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| (4) |
| (a) |
The board shall annually:
| (i) |
create a list of the dates of religious holidays for the following two years; and |
| (ii) |
distribute the list described in Subsection (4)(a) to an institution. |
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| (b) |
The creation and distribution of the list described in Subsection (4)(a) does not prohibit a student from seeking, or an institution from granting, an accommodation for a date of a religious holiday that is not included on that list. |
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| (5) |
An institution shall:
| (a) |
designate a point of contact for information about an accommodation described in Subsection (1); |
| (b) |
establish a process by which a student may submit a grievance with regards to implementation of this section; and |
| (c) |
publish the following information on the institution’s website and update the information annually:
| (i) |
the board’s religious accommodation policies described in Subsection (3); |
| (ii) |
the point of contact described in Subsection (5)(a); |
| (iii) |
the list described in Subsection (4); |
| (iv) |
a description of the general procedure to request an accommodation described in Subsection (1); and |
| (v) |
the grievance process described in Subsection (5)(b). |
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Enacted by Chapter 364, 2021 General Session
Technically renumbered to avoid duplication of section number also enacted in HB159, Chapter 125.
