2023 Utah Code › Title 53B - State System of Higher Education › Chapter 3 - Enforcement of Regulations at Institutions › Section 103 - Power of board to adopt rules and enact regulations.

Effective 5/28/2021
53B-3-103.
Power of board to adopt rules and enact regulations.
(1) The board may enact regulations governing the conduct of university and college students, faculty, and employees.
(2)
(a) The board may:
(i) enact and authorize higher education institutions to enact traffic, parking, and related regulations governing all individuals on campuses and other facilities owned or controlled by the institutions or the board; and
(ii) acknowledging that the Legislature has the authority to regulate, by law, firearms at higher education institutions:
(A) authorize higher education institutions to establish no more than one secure area at each institution as a hearing room as prescribed in 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 rule that allows a resident of a dormitory located at the institution to request only roommates who are not licensed to carry a concealed firearm under Section 53-5-704 or 53-5-705.
(b) In addition to the requirements and penalty prescribed in Subsections 76-8-311.1(3), (4), (5), and (6), the board shall make rules to ensure that:
(i) reasonable means such as mechanical, electronic, x-ray, or similar devices are used 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;
(ii) 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 secured area hearing room under this Subsection (2)(b) and Section 76-8-311.1;
(iii) 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 its use; and
(iv) reasonable space limitations are applied to the secure area hearing room as warranted by the number of individuals involved in a typical hearing.
(c)
(i) The board may not require proof of vaccination as a condition for enrollment or attendance within the system of higher education unless the board 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 (2)(c)(i) to participate in an in-person learning option based upon the student's vaccination status.
(iii) Subsections (2)(c)(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.
(d)
(i) For purposes of this Subsection (2)(d), "face covering" means the same as that term is defined in Section 53G-9-210.
(ii) The board 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.
(iii) Subsection (2)(d)(ii) does not apply to an individual in a medical setting at an institution of higher education.
(3) 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.
(4) The board and institutions may enforce these rules and regulations in any reasonable manner, including the assessment of fees, fines, and forfeitures, the collection of which may be by withholding from money owed the violator, the imposition of probation, suspension, or expulsion from the institution, the revocation of privileges, the refusal to issue certificates, degrees, and diplomas, through judicial process or any reasonable combination of these alternatives.
Amended by Chapter 7, 2021 Special Session 1