Utah Code § 53H-3-902 — Utah Code / Title 53H / Chapter 53H-3 / § 53H-3-902
§ 53H-3-902. Power of board and institutions to adopt rules and enact regulations.
Status: in_force

(1) As used in this section, "face covering" means the same as that term is defined in Section 53G-9-210. (2) (a) The board may enact regulations governing the conduct of university and college students, faculty, and employees. (b) A president in consultation with the board of trustees, may enact policies governing the conduct of university and college students, faculty, and employees. (3) (a) An institution may enact traffic, parking, and related policies governing all individuals on campus and facilities owned or controlled by the institution. (b) (i) The board and an institution may not require proof of vaccination as a condition for enrollment or attendance within the system of higher education unless the board or an institution allows for the following exemptions: (A) a medical exemption if the student provides to the institution a statement that the claimed exemption is for a medical reason; and (B) a personal exemption if the student provides to the institution a statement that the claimed exemption is for a personal or religious belief. (ii) An institution that offers both remote and in-person learning options may not deny a student who is exempt from a requirement to receive a vaccine under Subsection (3)(b)(i) to participate in an in-person learning option based upon the student's vaccination status. (iii) Subsections (3)(b)(i) and (ii) do not apply to a student studying in a medical setting at an institution of higher education. (iv) Nothing in this section restricts a state or local health department from acting under applicable law to contain the spread of an infectious disease. (c) (i) The board or an institution may not require an individual to wear a face covering as a condition of attendance for in-person instruction, institution-sponsored athletics, institution-sponsored extracurricular activities, in dormitories, or in any other place on a campus of an institution within the system of higher education at any time after the end of the spring semester in 2021. (ii) Subsection (3)(c)(i) does not apply to an individual in a medical setting at an institution of higher education. (4) The board shall enact regulations that require all testimony be given under oath during an employee grievance hearing for a non-faculty employee of an institution of higher education if the grievance hearing relates to the non-faculty employee's: (a) demotion; or (b) termination. (5) Acknowledging that the Legislature has the authority to regulate, by law, firearms at higher education institutions, the board may: (a) authorize higher education institutions to establish no more than one secure area at each institution as a hearing room in accordance with Section 76-8-311.1, but not otherwise restrict the lawful possession or carrying of firearms; and (b) authorize a higher education institution to make a policy that allows a resident of a dormitory located at the institution to request only roommates who choose not to possess firearms in the resident's dorm that the roommates may otherwise lawfully possess in the dormitory. (6) In addition to the requirements and penalty prescribed in Sections 76-8-311.1 and 76-8-311.2, the board shall make rules to ensure: (a) the use of reasonable means such as mechanical, electronic, x-ray, or similar devices, to detect firearms, ammunition, or dangerous weapons contained in the personal property of or on the person of any individual attempting to enter a secure area hearing room; (b) that an individual required or requested to attend a hearing in a secure area hearing room is notified in writing of the requirements related to entering a secure area hearing room under this Subsection (6)(b) and Section 76-8-311.1; (c) that the restriction of firearms, ammunition, or dangerous weapons in the secure area hearing room is in effect only during the time the secure area hearing room is in use for hearings and for a reasonable time before and after the hearing; and (d) the application of reasonable space limitations to the secure area hearing room as the number of individuals involved in a typical hearing warrants. (7) The board and institutions may enforce the rules, regulations, and policies described in this section in any reasonable manner, including the assessment of fees, fines, and forfeitures, through: (a) withholding from money owed the violator; (b) the imposition of probation, suspension, or expulsion from the institution; (c) the revocation of privileges; (d) the refusal to issue certificates, degrees, and diplomas; (e) judicial process; or (f) any reasonable combination of the alternatives described in this Subsection (7).