53B-28-401.  Campus safety plans and training — Institution duties — Governing board duties.

(1)  As used in this section:

Terms Used In Utah Code 53B-28-401

(a)  “Covered offense” means:

(i)  sexual assault;

(ii)  domestic violence;

(iii)  dating violence; or

(iv)  stalking.

(b)  “Institution” means an institution of higher education described in Section 53B-1-102.

(c)  “Student organization” means a club, group, sports team, fraternity or sorority, or other organization:

(i)  of which the majority of members is composed of students enrolled in an institution; and

(ii) 

(A)  that is officially recognized by the institution; or

(B)  seeks to be officially recognized by the institution.

(2)  An institution shall develop a campus safety plan that addresses:

(a)  where an individual can locate the institution’s policies and publications related to a covered offense;

(b)  institution and community resources for a victim of a covered offense;

(c)  the rights of a victim of a covered offense, including the measures the institution takes to ensure, unless otherwise provided by law, victim confidentiality throughout all steps in the reporting and response to a covered offense;

(d)  how the institution informs the campus community of a crime that presents a threat to the campus community;

(e)  availability, locations, and methods for requesting assistance of security personnel on the institution’s campus;

(f)  guidance on how a student may contact law enforcement for incidents that occur off campus;

(g)  institution efforts related to increasing campus safety, including efforts related to the institution’s increased response in providing services to victims of a covered offense, that:

(i)  the institution made in the preceding 18 months; and

(ii)  the institution expects to make in the upcoming 24 months;

(h)  coordination and communication between institution resources and organizations, including campus law enforcement;

(i)  institution coordination with local law enforcement or community resources, including coordination related to a student’s safety at an off-campus location; and

(j)  how the institution requires a student organization to provide the campus safety training as described in Subsection (5).

(3)  An institution shall:

(a)  prominently post the institution’s campus safety plan on the institution’s website and each of the institution’s campuses; and

(b)  annually update the institution’s campus safety plan.

(4)  An institution shall develop a campus safety training curriculum that addresses:

(a)  awareness and prevention of covered offenses, including information on institution and community resources for a victim of a covered offense;

(b)  bystander intervention; and

(c)  sexual consent.

(5)  An institution shall require a student organization, in order for the student organization to receive or maintain official recognition by the institution, to annually provide campus safety training, using the curriculum described in Subsection (4), to the student organization’s members.

(6)  The board shall:

(a)  on or before July 1, 2019, establish minimum requirements for an institution’s campus safety plan described in Subsection (2);

(b)  identify resources an institution may use to develop a campus safety training curriculum as described in Subsection (4); and

(c)  report annually to the Education Interim Committee and the Law Enforcement and Criminal Justice Interim Committee, at or before the committees’ November meetings, on:

(i)  the implementation of the requirements described in this section; and

(ii)  crime statistics aggregated by housing facility as described in Subsection 53B-28-403(2).

Amended by Chapter 332, 2021 General Session

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