53G-7-904.  Internship programs — Criminal background checks.

(1) 

Terms Used In Utah Code 53G-7-904

  • Cooperating employer: means a public or private entity which, as part of a work experience or career exploration program offered through a school, provides interns with educational resources, training, and work experience in activities related to the entity's ongoing business activities. See Utah Code 53G-7-901
  • Intern: means a student enrolled in a school-sponsored work experience and career exploration program under Section 53G-7-902 involving both classroom instruction and work experience with a cooperating employer, regardless of whether the student receives compensation. See Utah Code 53G-7-901
  • Internship: means the work experience segment of an intern's school-sponsored work experience and career exploration program, performed under the direct supervision of a cooperating employer. See Utah Code 53G-7-901
  • Internship safety agreement: means the agreement between a public or private school and a cooperating employer in accordance with Section 53G-7-904. See Utah Code 53G-7-901
  • Private school: means a school serving any of grades 7 through 12 which is not part of the public education system. See Utah Code 53G-7-901
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  A public or private school may enter into an internship safety agreement with a cooperating employer.

(b)  The public or private school described in Subsection (1)(a) shall ensure that the internship safety agreement requires a cooperating employer to:

(i)  ensure that an adult officer or employee of the cooperating employer is not intentionally alone with an intern for any significant amount of time during the intern’s activities;

(ii)  maintain compliance with all applicable state and federal laws relating to workplace and student safety, privacy, and welfare; and

(iii)  provide a safe, educational, courteous, and welcoming professional environment that is free of harassment or discriminatory conduct that may result in a hostile, intimidating, abusive, offensive, or oppressive learning environment.

(2) 

(a)  If a public or private school has not entered into an internship safety agreement with a cooperating employer, officers and employees of the cooperating employer who will be given significant unsupervised access to a student in connection with the student’s activities as an intern shall submit to criminal background checks under Section 53G-11-402.

(b)  If a public or private school has entered into an internship safety agreement with a cooperating employer, officers and employees of the cooperating employer are exempt from the criminal background check requirement described in Section 53G-11-402.

Amended by Chapter 374, 2020 General Session