{"data":{"id":"us-ut/utah-code-53h-7-402","jurisdiction":"us-ut","citation":"Utah Code § 53H-7-402","heading":"Institution duties.","body":"(1) An institution is in violation of this part if the institution:\n(a) gains actual knowledge of discriminatory harassment in the institution's program or activity; and\n(b) acts with deliberate indifference to the discriminatory harassment.\n(2)\n(a) An institution may not sanction or discipline, as discriminatory harassment, student-on-student speech that does not constitute discriminatory harassment.\n(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.\n(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.\n(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.\n(5) Nothing in this part prevents an institution from maintaining policies prohibiting stalking or other criminal activity.","path":["Title 53H Higher Education","Chapter 53H-7 Students' Rights and Responsibilities","Part 53H-7-4 Campus Anti-Harassment"],"source_url":"https://le.utah.gov/xcode/Title53H/Chapter7/53H-7-S402.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"de6b7ed829573f6f416b7666068b838054005725ea519baeeded80be27569f77","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-53h-7-401","next":"us-ut/utah-code-53h-7-403"},"notice":"GroundRules: Original legal text. Not legal advice."}