2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to campus safety and creates the Safety and Equity
10 Commission.
11 Highlighted Provisions:
12 This bill:
13 ▸ requires campus law enforcement to share a report of a crime that occurs outside
14 campus law enforcement's jurisdiction with the law enforcement agency that has
15 jurisdiction;
16 ▸ requires an institution of higher education to:
17 • create a report of crime statistics aggregated by type of housing facility;
18 • include the report in the institution's annual campus safety report to the
19 Education Interim Committee and the Law Enforcement and Criminal Justice
20 Interim Committee;
21 • distribute the report to students, incoming students, and prospective students;
22 and
23 • make the report publicly available and easily accessible on the institution's
24 website;
25 ▸ creates the Safety and Equity Commission to review institution's policies,
26 procedures, and practices related to campus safety and equity;
27 ▸ defines terms; and
28 ▸ makes technical changes.
29 Money Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 53B-3-104, as enacted by Laws of Utah 1987, Chapter 167
36 53B-3-105, as enacted by Laws of Utah 1987, Chapter 167
37 53B-28-401, as last amended by Laws of Utah 2020, Chapter 365
38 ENACTS:
39 53B-28-403, Utah Code Annotated 1953
40 53B-28-501, Utah Code Annotated 1953
41 53B-28-502, Utah Code Annotated 1953
42 53B-28-503, Utah Code Annotated 1953
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 53B-3-104 is amended to read:
46 53B-3-104. Establishment of police or security departments.
47 [
48 security departments for the purpose of enforcing the regulations [
49 institution of higher education and the laws of the state.
50 Section 2. Section 53B-3-105 is amended to read:
51 53B-3-105. Appointment of police or security personnel -- Powers -- Regulations.
52 [
53
54 (1) As used in this section, "campus law enforcement" means a police or security
55 department that an institution establishes as described in Section 53B-3-104.
56 (2) A state institution of higher education may appoint members of campus law
57 enforcement.
58 [
59 officers and have:
60 (a) all the powers possessed by [
61 including the power to make arrests on view or on warrant of violation of state statutes and city
62 or county ordinances[
63 [
64
65 the institution.
66 (4) Except as provided in Section 53B-28-303, when campus law enforcement receives
67 a complaint or a report of a crime that campus law enforcement reasonably determines
68 occurred outside of campus law enforcement's jurisdiction, campus law enforcement shall
69 share any record of the complaint or the report with the law enforcement agency with
70 jurisdiction.
71 Section 3. Section 53B-28-401 is amended to read:
72 53B-28-401. Campus safety plans and training -- Institution duties -- Governing
73 board duties.
74 (1) As used in this section:
75 (a) "Covered offense" means:
76 (i) sexual assault;
77 (ii) domestic violence;
78 (iii) dating violence; or
79 (iv) stalking.
80 (b) "Institution" means an institution of higher education described in Section
81 53B-1-102.
82 (c) "Student organization" means a club, group, sports team, fraternity or sorority, or
83 other organization:
84 (i) of which the majority of members is composed of students enrolled in an institution;
85 and
86 (ii) (A) that is officially recognized by the institution; or
87 (B) seeks to be officially recognized by the institution.
88 (2) An institution shall develop a campus safety plan that addresses:
89 (a) where an individual can locate the institution's policies and publications related to a
90 covered offense;
91 (b) institution and community resources for a victim of a covered offense;
92 (c) the rights of a victim of a covered offense, including the measures the institution
93 takes to ensure, unless otherwise provided by law, victim confidentiality throughout all steps in
94 the reporting and response to a covered offense;
95 (d) how the institution informs the campus community of a crime that presents a threat
96 to the campus community;
97 (e) availability, locations, and methods for requesting assistance of security personnel
98 on the institution's campus;
99 (f) guidance on how a student may contact law enforcement for incidents that occur off
100 campus;
101 (g) institution efforts related to increasing campus safety, including efforts related to
102 the institution's increased response in providing services to victims of a covered offense, that:
103 (i) the institution made in the preceding 18 months; and
104 (ii) the institution expects to make in the upcoming 24 months;
105 (h) coordination and communication between institution resources and organizations,
106 including campus law enforcement;
107 (i) institution coordination with local law enforcement or community resources,
108 including coordination related to a student's safety at an off-campus location; and
109 (j) how the institution requires a student organization to provide the campus safety
110 training as described in Subsection (5).
111 (3) An institution shall:
112 (a) prominently post the institution's campus safety plan on the institution's website and
113 each of the institution's campuses; and
114 (b) annually update the institution's campus safety plan.
115 (4) An institution shall develop a campus safety training curriculum that addresses:
116 (a) awareness and prevention of covered offenses, including information on institution
117 and community resources for a victim of a covered offense;
118 (b) bystander intervention; and
119 (c) sexual consent.
120 (5) An institution shall require a student organization, in order for the student
121 organization to receive or maintain official recognition by the institution, to annually provide
122 campus safety training, using the curriculum described in Subsection (4), to the student
123 organization's members.
124 (6) The board shall:
125 (a) on or before July 1, 2019, establish minimum requirements for an institution's
126 campus safety plan described in Subsection (2);
127 (b) identify resources an institution may use to develop a campus safety training
128 curriculum as described in Subsection (4); and
129 (c) report annually to the Education Interim Committee and the Law Enforcement and
130 Criminal Justice Interim Committee, at or before the committees' November meetings, on:
131 (i) the implementation of the requirements described in this section[
132 (ii) crime statistics aggregated by housing facility as described in Subsection
133 53B-28-403(2).
134 Section 4. Section 53B-28-403 is enacted to read:
135 53B-28-403. Student housing crime reporting.
136 (1) As used in this section:
137 (a) "Campus law enforcement" means the same as that term is defined in Section
138 53B-3-105.
139 (b) "Crime statistics" means the number of each of the crimes in 34 C.F.R. Sec.
140 668.46(c)(1) that are reported to a local police agency or campus law enforcement, listed by
141 type of crime.
142 (c) "Institution" means an institution of higher education described in Section
143 53B-2-101.
144 (d) (i) "Institution noncampus housing facility" means a building or property that:
145 (A) is used for housing students;
146 (B) is not part of the institution's campus; and
147 (C) the institution owns, manages, controls, or leases;
148 (ii) "Institution noncampus housing facility" includes real property that is adjacent to,
149 and is used in direct support of, the building or property described in Subsection (1)(d)(i).
150 (e) "Local law enforcement agency" means a state or local law enforcement agency
151 other than campus law enforcement.
152 (f) (i) "On-campus housing facility" means a building or property that is:
153 (A) used for housing students; and
154 (B) part of the institution's campus.
155 (ii) "On-campus housing facility" includes real property that is:
156 (A) adjacent to the on-campus housing facility; and
157 (B) used in direct support of the on-campus housing facility.
158 (g) "Student housing" means:
159 (i) an institution noncampus housing facility;
160 (ii) an on-campus housing facility; or
161 (iii) a student organization noncampus housing facility.
162 (h) "Student organization" means the same as that term is defined in Section
163 53B-28-401.
164 (i) "Student organization noncampus housing facility" means a building or property
165 that:
166 (i) is used for housing students;
167 (ii) is not part of the institution's campus; and
168 (iii) (A) a student organization owns, manages, controls, or leases; or
169 (B) is real property that is adjacent to the student organization noncampus housing
170 facility and is used in direct support of the noncampus housing facility.
171 (2) An institution shall:
172 (a) create a report of crime statistics aggregated by:
173 (i) on-campus housing facility, identified and listed individually using the institution's
174 system for inventorying institution facilities;
175 (ii) institution noncampus housing facility, identified and listed individually using the
176 institution's system for inventorying institution facilities; and
177 (iii) student organization noncampus housing facilities, identified and listed
178 individually using the institution's system for identifying student organization noncampus
179 housing facilities;
180 (b) include the report described in Subsection (2)(a) in the report described in
181 Subsection 53B-28-401(6); and
182 (c) annually:
183 (i) distribute the report described in Subsection (2)(a) to each student;
184 (ii) include the report described in Subsection (2)(a):
185 (A) with materials related to housing that an institution provides to prospective
186 students, incoming students, or students living in student housing; and
187 (B) with enrollment application materials that an institution provides to prospective
188 students; and
189 (iii) post the report described in Subsection (2)(a):
190 (A) on the institution's website homepage; and
191 (B) in at least three places on the institution's website, including, if applicable, the
192 institution's housing website, campus safety website, and admissions website.
193 (3) An institution shall report crime statistics as described in Subsection (2):
194 (a) in 2021, for the previous calendar year;
195 (b) in 2022, for the previous two calendar years; and
196 (c) beginning in 2023, for the three most recent calendar years.
197 (4) Upon request from an institution, a local law enforcement agency shall provide to
198 the institution crime statistics for each student housing facility over which the local law
199 enforcement agency has jurisdiction.
200 Section 5. Section 53B-28-501 is enacted to read:
201
202 53B-28-501. Definitions.
203 As used in this part:
204 (1) "Commission" means the Safety and Equity Commission established in Section
205 53B-28-502.
206 (2) "Institution" means an institution of higher education listed in Subsection
207 53B-2-101(1).
208 (3) "Member of the campus community" means:
209 (a) a student admitted or enrolled at an institution;
210 (b) an individual participating in a program that an institution offers;
211 (c) a volunteer who volunteers at an institution or program that an institution offers;
212 (d) faculty that an institution employs;
213 (e) staff that an institution employs;
214 (f) an administrator of an institution; or
215 (g) a member of the board.
216 (4) "Private institution of higher education" means a private, nonprofit college or
217 university in the state that is accredited by the Northwest Commission on Colleges and
218 Universities.
219 Section 6. Section 53B-28-502 is enacted to read:
220 53B-28-502. Safety and Equity Commission established -- Members.
221 (1) There is created the Safety and Equity Commission composed of:
222 (a) one member from each institution who is:
223 (i) a student at the institution at the time of appointment; and
224 (ii) appointed by the president of the associated students of the institution;
225 (b) a member with experience and expertise in addressing sexual assault, appointed by
226 the commissioner; and
227 (c) a member with experience and expertise in addressing discrimination, appointed by
228 the commissioner.
229 (2) The commissioner shall make the appointments described in Subsection (1) from
230 nominations submitted by the commission.
231 (3) (a) The co-chairs may appoint up to one member from each private institution of
232 higher education in the state who is a student at the private institution of higher education at the
233 time of appointment.
234 (b) The members described in Subsection (3)(a) shall serve as nonvoting, ex officio
235 members.
236 (4) The co-chairs may appoint up to three at large members who serve at the discretion
237 of the co-chairs.
238 (5) (a) Except as provided in Subsections (4) and (5)(b), the term of members of the
239 commission is two-years.
240 (b) For initial appointments in 2021:
241 (i) the commissioner shall appoint:
242 (A) one of the individuals described in Subsections (1)(b) and (1)(c) for a term of two
243 years; and
244 (B) one of the individuals described in Subsections (1)(b) and (1)(c) for a term of one
245 year;
246 (ii) the president of the associated students at a degree granting institution described in
247 Subsections 53B-2-101(1)(a) through (1)(d) and a technical college described in Subsections
248 53B-2-101(1)(i) through (1)(l) shall make the appointment described in Subsection (1)(a) for a
249 term of two years; and
250 (iii) the president of the associated students at a degree granting institution described in
251 Subsections 53B-2-101(1)(e) through (1)(h) and a technical college described in Subsections
252 53B-2-101(1)(m) through (1)(p) shall make the appointment described in Subsection (1)(a) for
253 a term of one year.
254 (c) When a vacancy occurs in the membership of the commission, the individual
255 responsible for the appointment shall appoint a replacement for the unexpired term.
256 (6) (a) The members of the commission shall elect two co-chairs of the commission
257 from the members appointed under Subsection (1)(a).
258 (b) The co-chairs shall set the agenda for commission meetings.
259 (7) The commission shall convene the first meeting on or before July 31, 2021.
260 (8) Attendance of a simple majority of the members constitutes a quorum for the
261 transaction of official commission business.
262 (9) Formal action by the commission requires a majority vote of a quorum.
263 (10) A member of the commission may not receive compensation, benefits, per diem,
264 or travel expenses for the member's service.
265 (11) The board shall provide staff support to the commission.
266 Section 7. Section 53B-28-503 is enacted to read:
267 53B-28-503. Safety and Equity Commission duties.
268 The commission may:
269 (1) review:
270 (a) an institution's policies, procedures, and practices for addressing:
271 (i) crime;
272 (ii) sexual harassment;
273 (iii) sexual assault;
274 (iv) campus safety;
275 (v) discrimination; or
276 (vi) any other issue related to the issues described in Subsections (1)(a)(i) through (v);
277 (b) how an institution's policies, procedures, and practices address allegations of crime,
278 sexual harassment, sexual assault, or discrimination at the institution, including:
279 (i) a Title IX complaint;
280 (ii) a report of a crime filed with campus law enforcement;
281 (iii) a complaint of discrimination reported to or filed with any office of an institution;
282 and
283 (iv) a complaint of sexual assault or sexual harassment reported to or filed with any
284 office of an institution; and
285 (c) any other issue related to campus safety and equity policies, procedures, and
286 practices that the commission considers necessary;
287 (2) create a process for a member of the campus community to submit an issue
288 described in Subsection (1)(a) for the commission's review;
289 (3) prepare an annual report on the commission's review of the issues described in
290 Subsection (1)(a);
291 (4) make the report described in Subsection (3) publicly available;
292 (5) make recommendations, including for:
293 (a) amendments to an institution's policies or for best practices to the board; or
294 (b) legislation to the Legislature;
295 (6) (a) annually prepare an institutional report card for each institution's performance in
296 addressing the issues described in Subsection (1)(a); and
297 (b) work with the board to establish criteria for the report card described in Subsection
298 (6)(a);
299 (7) (a) present an award to one or more institutions that demonstrate outstanding
300 commitment to campus safety and equity; and
301 (b) establish criteria for the award described in Subsection (7)(a);
302 (8) work with the board to create a template submission form for members of the
303 campus community to submit an issue for the commission's review as part of the process
304 described in Subsection (2);
305 (9) (a) study an issue described in Subsection (1)(a) on the commission's own
306 initiative, regardless of whether a member of the campus community submits the issue;
307 (b) produce a report or make recommendations based on a study described in
308 Subsection (9)(a); and
309 (c) distribute or publish a report or recommendations described in Subsection (9)(b) at
310 the commission's discretion; and
311 (10) request from an institution any documents or information that:
312 (a) are publicly available under state and federal privacy laws; and
313 (b) the commission deems necessary to carry out the commission"s duties under this
314 section.