This document includes House Floor Amendments incorporated into the bill on Wed, Mar 8, 2017 at 2:55 PM by jeyring.



Chief Sponsor: Kim F. Coleman

Senate Sponsor: ____________


8     General Description:
9          This bill enacts provisions related to sexual violence and institutions of higher
10     education.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     enacts provisions that prohibit an institution of higher education from imposing a
15     sanction on a student for violating the institution's code of conduct under certain
16     circumstances;
17          ▸     enacts provisions allowing an institution of higher education to report an allegation
18     of sexual violence to a law enforcement agency under certain circumstances; and
19          ▸     enacts other provisions related to the duties of an institution of higher education in
20     circumstances related to sexual violence.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     ENACTS:
27          53B-27-101, Utah Code Annotated 1953

28          53B-27-102, Utah Code Annotated 1953
29          53B-27-201, Utah Code Annotated 1953
30          53B-27-202, Utah Code Annotated 1953
31          53B-27-203, Utah Code Annotated 1953

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 53B-27-101 is enacted to read:

Part 1. General Provisions

37          53B-27-101. Title.
38          This chapter is known as the "Campus Individual Rights Act."
39          Section 2. Section 53B-27-102 is enacted to read:
40          53B-27-102. Definitions.
41          As used in this chapter, "institution" means an institution of higher education listed in
42     Section 53B-1-102.
43          Section 3. Section 53B-27-201 is enacted to read:
Part 2. Campus Sexual Violence Protection Act

45          53B-27-201. Definitions.
46          As used in this part:
47          (1) "Alleged perpetrator" means an individual whom an alleged victim alleges
48     committed an act of sexual violence against the alleged victim.
49          (2) "Alleged victim" means a student of an institution who alleges that the student was
50     a victim of sexual violence.
51          (3) "Code of conduct" means an institution's student code of conduct, student code of
52     ethics, honor code, or other policy under which the institution may sanction a student.
53          (4) "Covered allegation" means an allegation made to an institution that an individual
54     committed an act of sexual violence.
55          (5) "Institution" means a public or private postsecondary institution located in Utah,
56     including an institution of higher education listed in Section 53B-1-102.
57          (6) "Law enforcement agency" means the off-campus law enforcement agency of the
58     unit of local government with jurisdiction to respond to a covered allegation.

59          (7) "Sexual violence" means:
60          (a) sexual abuse as described in 18 U.S.C. Sec. 2242;
61          (b) aggravated sexual abuse as described in 18 U.S.C. Sec. 2241;
62          (c) assault resulting in substantial bodily injury as described in 18 U.S.C. Sec.
63     113(a)(7);
64          (d) sexual assault;
65          (e) dating violence;
66          (f) domestic violence; or
67          (g) stalking.
68          (8) "Student" means an individual enrolled in an institution.
69          Section 4. Section 53B-27-202 is enacted to read:
70          53B-27-202. Code of conduct violation -- Report of sexual violence.
71          (1) An institution may not sanction a student for a code of conduct violation related to
72     the use of drugs or alcohol if:
73          (a) the student is:
74          (i) an alleged victim of an act of sexual violence; or
75          (ii) a witness to an act of sexual violence;
76          (b) the student reports to the institution, in good faith, a covered allegation related to
77     the act of sexual violence described in Subsection (1)(a); and
78          (c) the institution learns of the student's code of conduct violation due to the student's
79     report described in Subsection (1)(b).
80          (2) An institution may refrain from sanctioning a student for a code of conduct
81     violation other than a violation described in Subsection (1) if:
82          (a) the criteria described in Subsections (1)(a) through (c) are met; and
83          (b) the institution determines that the interests of protecting the student from a sanction
84     outweigh the egregiousness of the violation.
85          Section 5. Section 53B-27-203 is enacted to read:
86          53B-27-203. Institution reporting of a covered allegation to a law enforcement
87     agency -- Articulable and significant threat -- Notification.
88          (1) (a) The alleged victim of a covered allegation may request that the institution not
89     report the covered allegation to a law enforcement agency.

90          (b) Except as provided in Subsection (1)(c), an institution shall comply with a request
91     described in Subsection (1)(a).
92          (c) An institution that receives a request described in Subsection (1)(a) may report the
93     covered allegation to a law enforcement agency if the institution determines, in accordance
94     with Subsection (2), that the information in the covered allegation creates an articulable and
95     significant threat to campus safety at the institution.
96          (2) To determine whether the information in a covered allegation creates an articulable
97     and significant threat described in Subsection (1)(c), the institution shall consider, if the
98     information is known to the institution, at least the following factors:
99          (a) whether the circumstances of the covered allegation suggest an increased risk that
100     the alleged perpetrator will commit an additional act of sexual violence or other violence;
101          (b) whether the alleged perpetrator has a history of arrests that indicates a history of
102     sexual violence or other violence;
103          (c) whether records from the alleged perpetrator's previous institution of higher
104     education indicate that the alleged perpetrator has a history of sexual violence or other
105     violence;
106          (d) whether the alleged perpetrator is alleged to have threatened further sexual violence
107     or other violence against the alleged victim or another individual;
108          (e) whether the act of sexual violence was committed by more than one alleged
109     perpetrator;
110          (f) whether the circumstances of the covered allegation suggest there is an increased
111     risk of future acts of sexual violence under similar circumstances;
112          (g) whether the act of sexual violence was perpetrated with a weapon; and
113          (h) the age of the alleged victim.
114          (3) (a) In accordance with Subsection (3)(b), an institution that reports a covered
115     allegation to a law enforcement agency in accordance with Subsection (1)(c) shall notify, in
116     writing Ĥ→ [
,] :
116a          (i) ←Ĥ the individual from whom the institution received the report of the covered
116b     allegation Ĥ→ [
.] ; and
116c          (ii) the alleged victim of the covered allegation. ←Ĥ
117          (b) Within 24 hours of an institution's report to a law enforcement agency described in
118     Subsection (1)(c), the institution shall notify the Ĥ→ [
individual] individuals ←Ĥ described in
118a     Subsection (3)(a) of
119     the institution's report and the institution's reason for reporting the covered allegation.
120          (4) Nothing in this section supersedes an individual's obligation described in Section

121     62A-3-305, 62A-4a-403, or 78B-3-502.

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