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Utah Code Title 53B. State System of Higher Education § 53B-27-204. Cause of action

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) The following persons may bring an action in a state court of competent jurisdiction to enjoin a violation of this part or to recover compensatory damages, reasonable court costs, or reasonable attorney fees:

(a) the attorney general; or

(b) a person claiming that the person's expressive rights, as described in this part, were violated.

(2) In an action brought under this part, if the court finds a violation of this part, the court:

(a) shall enjoin the violation;

(b) shall, if a person whose expressive rights were violated brought the action, award the person:

(i) at least $500 for an initial violation; and

(ii) if the person notifies the institution of the violation, $50 for each day the violation continues after the notification; and

(c) may award a prevailing plaintiff:

(i) compensatory damages;

(ii) reasonable court costs; or

(iii) reasonable attorney fees.

(3) Notwithstanding Title 63G, Chapter 7, Governmental Immunity Act of Utah, an institution that violates this part is not immune from suit or liability for the violation.

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Cite this article: FindLaw.com - Utah Code Title 53B. State System of Higher Education § 53B-27-204. Cause of action - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-53b-state-system-of-higher-education/ut-code-sect-53b-27-204/

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