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Utah Code Title 53B. State System of Higher Education § 53B-28-403. Student housing crime reporting

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

(1) As used in this section:

(a) “Campus law enforcement” means an institution's police department.

(b) “Crime statistics” means the number of each of the crimes in 34 C.F.R. Sec. 668.46(c)(1) that are reported to a local police agency or campus law enforcement, listed by type of crime.

(c) “Institution” means an institution of higher education described in Section 53B-2-101.

(d)(i) “Institution noncampus housing facility” means a building or property that:

(A) is used for housing students;

(B) is not part of the institution's campus; and

(C) the institution owns, manages, controls, or leases;

(ii) “Institution noncampus housing facility” includes real property that is adjacent to, and is used in direct support of, the building or property described in Subsection (1)(d)(i).

(e) “Local law enforcement agency” means a state or local law enforcement agency other than campus law enforcement.

(f)(i) “On-campus housing facility” means a building or property that is:

(A) used for housing students; and

(B) part of the institution's campus.

(ii) “On-campus housing facility” includes real property that is:

(A) adjacent to the on-campus housing facility; and

(B) used in direct support of the on-campus housing facility.

(g) “Student housing” means:

(i) an institution noncampus housing facility;

(ii) an on-campus housing facility; or

(iii) a student organization noncampus housing facility.

(h) “Student organization” means the same as that term is defined in Section 53B-28-401.

(i) “Student organization noncampus housing facility” means a building or property that:

(i) is used for housing students;

(ii) is not part of the institution's campus; and

(iii)(A) a student organization owns, manages, controls, or leases; or

(B) is real property that is adjacent to the student organization noncampus housing facility and is used in direct support of the noncampus housing facility.

(2) An institution shall:

(a) create a report of crime statistics aggregated by:

(i) on-campus housing facility, identified and listed individually using the institution's system for inventorying institution facilities;

(ii) institution noncampus housing facility, identified and listed individually using the institution's system for inventorying institution facilities; and

(iii) student organization noncampus housing facilities, identified and listed individually using the institution's system for identifying student organization noncampus housing facilities; and

(b) include the report described in Subsection (2)(a) in the report described in Subsection 53B-28-401(6).

(3) Upon request from an institution, a local law enforcement agency shall provide to the institution crime statistics for each student housing facility over which the local law enforcement agency has jurisdiction.

(4) Except as provided in Section 53B-28-303, when campus law enforcement receives a complaint or report of a crime that campus law enforcement reasonably determines occurred outside of campus law enforcement's jurisdiction, campus law enforcement shall share any record of the complaint or report with the local law enforcement agency with jurisdiction.

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Cite this article: FindLaw.com - Utah Code Title 53B. State System of Higher Education § 53B-28-403. Student housing crime reporting - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-53b-state-system-of-higher-education/ut-code-sect-53b-28-403/

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