53B-28-302.  Code of conduct violation — Report of sexual violence.
     An institution may not sanction a student for a code of conduct violation related to the use of drugs or alcohol if:

(1)  the student is:

Terms Used In Utah Code 53B-28-302

  • Allegation: something that someone says happened.
  • 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
  • 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
  • Sexual violence: means :
(a) sexual abuse as described in 18 U. See Utah Code 53B-28-301
  • Student: means an individual enrolled in an institution. See Utah Code 53B-28-301
  • Victim: means a student who alleges that the student was a victim of sexual violence. See Utah Code 53B-28-301
    • (a)  a victim of an act of sexual violence; or

    (b)  a witness to an act of sexual violence;

    (2)  the student reports to the institution, in good faith, a covered allegation related to the act of sexual violence described in Subsection (1); and

    (3)  the institution learns of the student’s code of conduct violation due to the student’s report described in Subsection (2).

    Enacted by Chapter 307, 2019 General Session

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