53H-7-503. Institution engagement with a law enforcement agency -- Articulable and significant threat -- Notification to victim.

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

Effective 10/14/2025

(a)An institution shall keep confidential from a law enforcement agency a covered allegation reported to the institution by the victim of the covered allegation.

(b)Notwithstanding Subsection (1)(a) , an institution may engage with a law enforcement agency in response to a covered allegation described in Subsection (1)(a) :

(i)if the victim consents to the institution engaging with the law enforcement agency; or

(ii)in accordance with Subsection

(2).

(a)Subject to Subsection

(3), an institution that receives a report described in Subsection (1)(a) may engage with a law enforcement agency in response to the covered allegation if the institution determines, in accordance with Subsection (2)(b) , that the information in the covered allegation creates an articulable and significant threat to individual or campus safety at the institution.

(b)To determine whether the information in a covered allegation creates an articulable and significant threat described in Subsection (2)(a) , the institution shall consider, if the information is known to the institution, at least the following factors:

(i)whether the circumstances of the covered allegation suggest an increased risk that the alleged perpetrator will commit an additional act of sexual violence or other violence;

(ii)whether the alleged perpetrator has an arrest history that indicates a history of sexual violence or other violence;

(iii)whether records from the alleged perpetrator's previous postsecondary institution indicate that the alleged perpetrator has a history of sexual violence or other violence;

(iv)whether the alleged perpetrator is alleged to have threatened further sexual violence or other violence against the victim or another individual;

(v)whether the act of sexual violence was committed by more than one alleged perpetrator;

(vi)whether the circumstances of the covered allegation suggest there is an increased risk of future acts of sexual violence under similar circumstances;

(vii)whether the act of sexual violence was perpetrated with a weapon; and

(viii)the age of the victim.

(3)An institution shall:

(a)before engaging with a law enforcement agency in accordance with Subsection

(2), provide notice to the victim of the following:

(i)the institution's intent to engage with a law enforcement agency;

(ii)the law enforcement agency with which the institution intends to engage; and

(iii)the reason the institution made the determination described in Subsection

(2); and

(b)in engaging with a law enforcement agency under Subsection

(2):

(i)maintain the confidentiality of the victim; and

(ii)disclose the minimum information required to appropriately address the threat described in Subsection (2)(a) .

(4)Nothing in this section supersedes:

(a)an obligation described in Section 26B-6-205 , 80-2-602 , or 78B-3-502 ; or

(b)a requirement described in Chapter 14, Part 4 , Confidential Communications for Institutional Advocacy Services.

Renumbered and Amended by Chapter 8 , 2025 Special Session 1