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Utah Code Title 53B. State System of Higher Education § 53B-27-402. Institution duties

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

(1) An institution is in violation of this part if the institution:

(a) gains actual knowledge of discriminatory harassment in the institution's program or activity; and

(b) acts with deliberate indifference to the discriminatory harassment.

(2)(a) An institution may not sanction or discipline, as discriminatory harassment, student-on-student speech that does not constitute discriminatory harassment.

(b) An institution is not liable under this part for failing to sanction or discipline a student who communicates student-on-student speech that is not discriminatory harassment.

(3) Nothing in this part prevents an institution from sanctioning or disciplining student-on-student speech that is otherwise not protected under the First Amendment to the United States Constitution.

(4) Nothing in this part prevents an institution from responding to student-on-student speech that is not discriminatory harassment by taking nonpunitive actions designed to promote a welcoming, inclusive environment.

(5) Nothing in this part prevents an institution from maintaining policies prohibiting stalking or other criminal activity.

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Cite this article: FindLaw.com - Utah Code Title 53B. State System of Higher Education § 53B-27-402. Institution duties - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-53b-state-system-of-higher-education/ut-code-sect-53b-27-402/

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