53B-28-303. Institution engagement with a law enforcement agency — Articulable and significant threat — Notification to victim.
(1)
Terms Used In Utah Code 53B-28-303
Allegation: something that someone says happened.
Alleged perpetrator: means an individual whom a victim alleges committed an act of sexual violence against the victim. See Utah Code 53B-28-301
Arrest: Taking physical custody of a person by lawful authority.
Covered allegation: means an allegation made to an institution that an individual committed an act of sexual violence. 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
Law enforcement agency: means an off-campus law enforcement agency of the unit of local government with jurisdiction to respond to a covered allegation. See Utah Code 53B-28-301
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Victim: means a student who alleges that the student was a victim of sexual violence. See Utah Code 53B-28-301
(a)
An institution shall keep confidential from a law enforcement agency a covered allegation reported to the institution by the victim of the covered allegation.
(b)
Notwithstanding Subsection (1)(a), an institution may engage with a law enforcement agency in response to a covered allegation described in Subsection (1)(a):
(i)
if the victim consents to the institution engaging with the law enforcement agency; or
(ii)
in accordance with Subsection (2).
(2)
(a)
Subject to Subsection (3), an institution that receives a report described in Subsection (1)(a) may engage with a law enforcement agency in response to the covered allegation if the institution determines, in accordance with Subsection (2)(b), that the information in the covered allegation creates an articulable and significant threat to individual or campus safety at the institution.
(b)
To determine whether the information in a covered allegation creates an articulable and significant threat described in Subsection (2)(a), the institution shall consider, if the information is known to the institution, at least the following factors:
(i)
whether the circumstances of the covered allegation suggest an increased risk that the alleged perpetrator will commit an additional act of sexual violence or other violence;
(ii)
whether the alleged perpetrator has an arrest history that indicates a history of sexual violence or other violence;
(iii)
whether records from the alleged perpetrator’s previous postsecondary institution indicate that the alleged perpetrator has a history of sexual violence or other violence;
(iv)
whether the alleged perpetrator is alleged to have threatened further sexual violence or other violence against the victim or another individual;
(v)
whether the act of sexual violence was committed by more than one alleged perpetrator;
(vi)
whether the circumstances of the covered allegation suggest there is an increased risk of future acts of sexual violence under similar circumstances;
(vii)
whether the act of sexual violence was perpetrated with a weapon; and
(viii)
the age of the victim.
(3)
An institution shall:
(a)
before engaging with a law enforcement agency in accordance with Subsection (2), provide notice to the victim of the following:
(i)
the institution’s intent to engage with a law enforcement agency;
(ii)
the law enforcement agency with which the institution intends to engage; and
(iii)
the reason the institution made the determination described in Subsection (2); and
(b)
in engaging with a law enforcement agency under Subsection (2):
(i)
maintain the confidentiality of the victim; and
(ii)
disclose the minimum information required to appropriately address the threat described in Subsection (2)(a).
