Utah § 53H-7-402 Institution duties.

Utah Statutes

§ 53H-7-402 — Institution duties.

Utah § 53H-7-402

Title 53HHigher Education

Ch. 53H-7Students' Rights and Responsibilities

Part 53H-7-4Campus Anti-Harassment

This text of Utah § 53H-7-402 (Institution duties.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 53H-7-402 (2026).

Text

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

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

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

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

(2)(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)

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(1) An institution is in violation of this part if the institution:
(1)(a) gains actual knowledge of discriminatory harassment in the institution's program or activity; and
(1)(b) acts with deliberate indifference to the discriminatory harassment.
(2) (2)(a) An institution may not sanction or discipline, as discriminatory harassment, student-on-student speech that does not constitute discriminatory harassment.
(2)(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.