Utah Code § 53H-1-502 — Utah Code / Title 53H / Chapter 53H-1 / § 53H-1-502
§ 53H-1-502. Prohibition on the use of certain submissions in higher education -- Exceptions.
Status: in_force

7/1/2026 (1) As used in this section: (a) "Prohibited submission" means a submission, statement, or document that requires an individual to articulate the individual's position, view, contribution, effort, or experience regarding a policy, program, or initiative that promotes differential treatment based on an individual's personal identity characteristic. (b) "Prohibited submission" includes a submission, statement, or document that relates to a policy, program, or initiative regarding: (i) anti-racism; (ii) bias; (iii) critical race theory; (iv) implicit bias; (v) intersectionality; (vi) a prohibited discriminatory practice, as that term is defined in Section 53H-1-504; or (vii) racial privilege. (c) "Prohibited submission" does not include a submission, statement, or document for an employment position if the submission, statement, or document relates to a bona fide occupational qualification for the position. (2) Except as provided in Subsections (4) and (5), an institution may not require, request, solicit, or compel a prohibited submission as a certification or condition before taking action with respect to: (a) employment, including decisions regarding: (i) hiring; (ii) terms of employment; (iii) benefits; (iv) compensation; (v) seniority status; (vi) tenure or continuing status; (vii) promotion; (viii) performance reviews; (ix) transfer; (x) termination; or (xi) appointment; (b) admission to, advancement in, or graduation from an institution or an academic program; (c) participation in an institution-sponsored program; or (d) qualification for or receipt of state financial aid or other state financial assistance. (3) An institution may not grant any form of preferential consideration to an individual who, with or without solicitation from the institution, provides a prohibited submission for consideration for any action described in Subsection (2). (4) (a) If federal law requires an institution to accept or require a prohibited submission, the institution: (i) may accept the prohibited submission only to the extent required under federal law; and (ii) shall limit consideration of the information contained in the prohibited submission to the extent necessary to satisfy the requirement under federal law. (b) For a required prohibited submission under Subsection (4)(a), an institution shall: (i) prepare a report to the institution's governing board detailing the circumstances under which the prohibited submission is required; and (ii) publish the report described in Subsection (5)(a) on the institution's governing board website in a conspicuous location. (5) Nothing in this section limits or prohibits an institution's authority to establish policies that: (a) are necessary to comply with state or federal law, including laws relating to prohibited discrimination or harassment; (b) require disclosure of an employee's academic research, classroom teaching, or coursework; or (c) require an applicant for employment, tenure, or promotion to disclose or discuss the applicant's: (i) research; (ii) teaching agenda; (iii) artistic creations; or (iv) pedagogical approaches or experiences with students of all learning abilities. (6) (a) The board shall conduct a biennial review of an institution of higher education's compliance with this section on one-half of the degree granting institutions of higher education and one-half of the technical colleges each year so that each institution receives a review once every two years. (b) If the board identifies a violation of this section, the board shall: (i) on or before 30 days after the day on which the board identifies the violation, work with the institution to create a remediation plan; and (ii) provide the institution 180 days after the day of the creation of the remediation plan to cure the violation. (7) On or before November 1 of each year, the board shall prepare and submit a report to the Education Interim Committee and the Higher Education Appropriations Subcommittee on: (a) (i) the review process and each institution's compliance determination; or (ii) if a violation is identified, the remediation plan and progress under Subsection (7)(b); and (b) violations the board identifies in accordance with Sections 53H-1-503 and 53H-1-504. (8) The Legislature may withhold future state appropriations to an institution that fails to cure a violation of this section within the time provided under Subsection (6)(b). (9) The board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a procedure for accepting and processing an individual's complaint against an institution for an alleged violation of this section.7/1/2026 (1) As used in this section: (a) "Prohibited submission" means a submission, statement, or document that requires an individual to articulate the individual's position, view, contribution, effort, or experience regarding a policy, program, or initiative that promotes differential treatment based on an individual's personal identity characteristic. (b) "Prohibited submission" includes a submission, statement, or document that relates to a policy, program, or initiative regarding: (i) anti-racism; (ii) bias; (iii) critical race theory; (iv) implicit bias; (v) intersectionality; (vi) a prohibited discriminatory practice, as that term is defined in Section 53H-1-504; or (vii) racial privilege. (c) "Prohibited submission" does not include a submission, statement, or document for an employment position if the submission, statement, or document relates to a bona fide occupational qualification for the position. (2) Except as provided in Subsections (4) and (5), an institution may not require, request, solicit, or compel a prohibited submission as a certification or condition before taking action with respect to: (a) employment, including decisions regarding: (i) hiring; (ii) terms of employment; (iii) benefits; (iv) compensation; (v) seniority status; (vi) tenure or continuing status; (vii) promotion; (viii) performance reviews; (ix) transfer; (x) termination; or (xi) appointment; (b) admission to, advancement in, or graduation from an institution or an academic program; (c) participation in an institution-sponsored program; or (d) qualification for or receipt of state financial aid or other state financial assistance. (3) An institution may not grant any form of preferential consideration to an individual who, with or without solicitation from the institution, provides a prohibited submission for consideration for any action described in Subsection (2). (4) (a) If federal law requires an institution to accept or require a prohibited submission, the institution: (i) may accept the prohibited submission only to the extent required under federal law; and (ii) shall limit consideration of the information contained in the prohibited submission to the extent necessary to satisfy the requirement under federal law. (b) For a required prohibited submission under Subsection (4)(a), an institution shall: (i) prepare a report to the institution's governing board detailing the circumstances under which the prohibited submission is required; and (ii) publish the report described in Subsection (5)(a) on the institution's governing board website in a conspicuous location. (5) Nothing in this section limits or prohibits an institution's authority to establish policies that: (a) are necessary to comply with state or federal law, including laws relating to prohibited discrimination or harassment; (b) require disclosure of an employee's academic research, classroom teaching, or coursework; or (c) require an applicant for employment, tenure, or promotion to disclose or discuss the applicant's: (i) research; (ii) teaching agenda; (iii) artistic creations; or (iv) pedagogical approaches or experiences with students of all learning abilities. (6) (a) The board shall conduct a biennial review of an institution of higher education's compliance with this section on one-half of the degree granting institutions of higher education and one-half of the technical colleges each year so that each institution receives a review once every two years. (b) If the board identifies a violation of this section, the board shall: (i) on or before 30 days after the day on which the board identifies the violation, work with the institution to create a remediation plan; and (ii) provide the institution 180 days after the day of the creation of the remediation plan to cure the violation. (7) On or before November 1 of each year, the board shall prepare and submit a report to the Education Interim Committee and the Higher Education Appropriations Subcommittee on: (a) (i) the review process and each institution's compliance determination; or (ii) if a violation is identified, the remediation plan and progress under Subsection (7)(b); and (b) violations the board identifies in accordance with Sections 53H-1-503 and 53H-1-504. (8) The Legislature may withhold future state appropriations to an institution that fails to cure a violation of this section within the time provided under Subsection (6)(b). (9) The board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a procedure for accepting and processing an individual's complaint against an institution for an alleged violation of this section.