No. 33146 (New Rule): Rule R805-4. Illegal, Harmful and Disruptive Behavior on University of Utah Property

(New Rule)

DAR File No.: 33146
Filed: 11/12/2009 04:05:33 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule is to identify activities and behaviors that are prohibited on the University of Utah campus and its properties. The rule also identifies possible sanctions for individuals who engage in such behaviors and the processes for enforcement and discipline.

Summary of the rule or change:

The rule provides a list of illegal, harmful, and disruptive activities and behaviors that are prohibited on the University of Utah campus and its properties. The rule identifies possible sanctions for individuals who engage in such activities. The rule notes that employees and students of the University who violate the rule will be disciplined through University disciplinary proceedings. The rule notes that members of the public who violate the rule may be subject to citation, temporary eviction, or lengthier eviction after an informal adjudicative proceeding.

State statutory or constitutional authorization for this rule:

• Section 53B-2-106
• Section 76-8-701 et seq.
• Section 63G-4-102

Anticipated cost or savings to:

the state budget:

The university anticipates no costs or savings to the state budget as a result of the rule because the state will have no obligations for implementation of the rule. The rule will, however, result in savings to the University of Utah because the university will have better tools to effectively deal with illegal and disruptive conduct on its properties.

local governments:

The university anticipates no costs or savings to local government as a result of the rule because the rule does not apply to local governments and local governments will have no obligations for implementation of the rule.

small businesses:

The university anticipates no costs or savings to small businesses as a result of the rule. The rule governs the conduct of individuals, not businesses.

persons other than small businesses, businesses, or local governmental entities:

The only persons who will be affected by the rule are those individuals who violate the rule and who may receive criminal or civil sanctions as a result of their actions.

Compliance costs for affected persons:

Persons who violate the rule may be subject to civil and criminal sanctions.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule applies to individuals who engage in inappropriate activities and conduct on the university's property. The rule does not apply to business entities. Therefore, the rule should have no fiscal impact on businesses.

Michael K. Young, University of Utah President

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Regents (Board Of)
University of Utah, Administration
201 S PRESIDENTS CIR
SALT LAKE CITY, UT 84112-9009

Direct questions regarding this rule to:

• Robert Payne at the above address, by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/31/2009

This rule may become effective on:

01/07/2010

Authorized by:

Robert Payne, Associate General Counsel

RULE TEXT

R805. Regents (Board of), University of Utah, Administration.

R805-4. Illegal, Harmful, and Disruptive Behavior on University of Utah Property.

R805-4-1. Purpose.

1. To identify activities and behaviors that are prohibited on the University of Utah campus and its properties.

2. To identify possible sanctions for persons who engage in such behaviors and the process for enforcement and discipline.

 

R805-4-2. Definitions.

1. "University of Utah Community Member" means a University of Utah faculty member, staff member, student or any other person who is invited to participate in University of Utah events and activities.

2. "University property" means the university campus and any other property owned, operated or controlled by the University of Utah and specifically includes the University's grounds, buildings and roadways.

 

R805-4-3. Prohibited Activities.

A. No person may enter upon or remain upon University property for the purpose of, or in the actual commission of, activities that violate state or federal criminal laws.

B. No person may enter upon or remain upon University property for the purpose of, or in the actual commission of, activities that violate the policies, procedures, regulations and rules of the University of Utah.

C. No person may enter upon or remain upon University property for the purpose of, or in the actual commission of, activities that are violent, obscene or disorderly.

D. No person may enter upon or remain upon University property for the purpose of, or in the actual commission of, activities that obstruct, disrupt or otherwise interfere with the University's educational process, including but not limited to its academic, business, administrative and recreational meetings and processes.

E. No person may enter onto, or remain upon, University property that is not open to the general public absent a specific authorization or invitation by a University of Utah Community Member authorized to allow such entry.

F. No person may enter upon or remain upon University property for the purpose of, or in the actual commission of, stealing or using without authorization any real or personal property owned by the University of Utah or owned by a University of Utah Community Member.

G. No person may enter upon or remain upon University property for the purpose of, or in the actual commission of, activities that injure, deface, damage or destroy any real or personal property owned by the University of Utah or owned by a University of Utah Community Member.

H. No person may enter upon or remain upon University property for the purpose of, or in the actual commission of, activities that cause injury to a University of Utah Community Member.

I. No person may enter upon or remain upon University property for the purpose of, or in the actual commission of, verbal or physical conduct of a sexual nature toward a University of Utah Community Member that has the purpose or effect of unreasonably interfering with the individual's employment or education performance or creates an intimidating, hostile, or offensive environment for that individual's employment, education, living environment, or participation in a university activity.

J. No person may enter upon or remain upon University property, for the purpose of, or in the actual commission of, activities that interfere with another person's lawful and authorized access, ingress and egress to University property, including its grounds, buildings and roadways.

K. No person may enter upon or remain upon University property for the purpose of, or in the actual commission of, activities that incite, support, encourage, aid or abet others to commit one or more of the activities listed in the paragraphs A-J above.

 

R805-4-4. Sanctions.

1. University students, university staff and university faculty who violate this rule may be subject to disciplinary action pursuant to the applicable policies and procedures of the University of Utah Regulations Library.

2. Members of the public who violate this rule may be subject to one or more of the following sanctions:

a. Issuance of a citation for criminal trespass pursuant to Section 76-6-206;

b. Issuance of citation and temporary eviction from, and denial of access to, University property pursuant to Sections 76-8-701 through 76-8-718; and

c. Eviction from, and denial of access to, University property after an informal adjudicative proceeding pursuant to Rule R765-134.

 

KEY: illegal behavior, disruptive behavior, harmful behavior, trespassing

Date of Enactment or Last Substantive Amendment: 2010

Authorizing, Implemented, or Interpreted Law: 53B-2-106; 63G-4-102; 76-8-701 et seq.

 

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