53H-14-401. General provisions -- Definitions.

391 words·~2 min read·/ut/title-53h/chapter-14/53h-14-401

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 10/14/2025

As used in this part:

(1)"Certified advocate" means an individual who:

(a)is employed by or volunteers at a qualified institutional victim services provider;

(b)has completed at least 40 hours of training in counseling and assisting victims of sexual harassment, sexual assault, rape, dating violence, domestic violence, or stalking; and

(c)acts under the supervision of the director or director's designee of a qualified institutional victim services provider.

(a)"Confidential communication" means information that is communicated by a victim, in the course of the victim seeking an institutional advocacy service, to:

(i)a certified advocate;

(ii)a qualified institutional victim services provider;

(iii)a person reasonably necessary for the transmission of the information;

(iv)an individual who is present at the time the information is transmitted for the purpose of furthering the victim's interests; or

(v)another individual, in the context of group counseling at a qualified institutional victim services provider.

(b)"Confidential communication" includes a record that is created or maintained as a result of the communication described in Subsection (2)(a) .

(3)"Institution" means a Utah institution that is a private postsecondary educational institution or a public institution, including an institution of higher education listed in Section 53H-1-102 .

(4)"Institutional advocacy service" means a safety planning, counseling, psychological, support, advocacy, medical, or legal service that:

(a)addresses issues involving:

(i)sexual harassment;

(ii)sexual assault;

(iii)rape;

(iv)domestic violence;

(v)dating violence; or

(vi)stalking; and

(b)is provided by a qualified institutional victim services provider.

(a)"Qualified institutional victim services provider" means an organization that:

(i)is affiliated with an institution;

(ii)employs or provides volunteer opportunities for certified advocates;

(iii)provides an institutional advocacy service to victims or families of victims; and

(iv)is designated by the affiliated institution as a qualified institutional victim services provider.

(b)"Qualified institutional victim services provider" may include an institution's:

(i)sexual assault center;

(ii)victim advocacy center;

(iii)women's center;

(iv)health center; or

(v)counseling service center.

(6)"Record" means a book, letter, document, paper, map, plan, photograph, film, card, tape, recording, electronic data, or other documentary material regardless of physical form or characteristics.

(7)"Victim" means an individual who seeks an institutional advocacy service.

Renumbered and Amended by Chapter 8 , 2025 Special Session 1