53A-11-908 - Extracurricular activities -- Prohibited conduct -- Reporting of violations -- Limitation of liability.
53A-11-908. Extracurricular activities -- Prohibited conduct -- Reporting ofviolations -- Limitation of liability.
(1) The Legislature recognizes that:
(a) participation in student government and extracurricular activities may conferimportant educational and lifetime benefits upon students, and encourages school districts andcharter schools to provide a variety of opportunities for all students to participate in suchactivities in meaningful ways;
(b) there is no constitutional right to participate in these types of activities, and does notthrough this section or any other provision of law create such a right;
(c) students who participate in student government and extracurricular activities,particularly competitive athletics, and the adult coaches, advisors, and assistants who direct thoseactivities, become role models for others in the school and community;
(d) these individuals often play major roles in establishing standards of acceptablebehavior in the school and community, and establishing and maintaining the reputation of theschool and the level of community confidence and support afforded the school; and
(e) it is of the utmost importance that those involved in student government, whether asofficers or advisors, and those involved in competitive athletics and related activities, whetherstudents or staff, comply with all applicable laws and rules of behavior and conduct themselvesat all times in a manner befitting their positions and responsibilities.
(2) (a) The State Board of Education may, and local boards of education and governingboards of charter schools shall, adopt rules implementing this section that apply to both studentsand staff.
(b) Those rules shall include prohibitions against the following types of conduct, while inthe classroom, on school property, during school sponsored activities, or regardless of thelocation or circumstance, affecting a person or property described in Subsections53A-11-902(5)(a) through (d):
(i) use of foul, abusive, or profane language while engaged in school related activities;
(ii) illicit use, possession, or distribution of controlled substances or drug paraphernalia,and the use, possession, or distribution of an electronic cigarette as defined in Section 76-10-101,tobacco, or alcoholic beverages contrary to law; and
(iii) hazing, demeaning, or assaultive behavior, whether consensual or not, includingbehavior involving physical violence, restraint, improper touching, or inappropriate exposure ofbody parts not normally exposed in public settings, forced ingestion of any substance, or any actwhich would constitute a crime against a person or public order under Utah law.
(3) (a) School employees who reasonably believe that a violation of this section mayhave occurred shall immediately report that belief to the school principal, district superintendent,or chief administrative officer of a charter school.
(b) Principals who receive a report under Subsection (3)(a) shall submit a report of thealleged incident, and actions taken in response, to the district superintendent or thesuperintendent's designee within 10 working days after receipt of the report.
(c) Failure of a person holding a professional certificate to report as required under thisSubsection (3) constitutes an unprofessional practice.
(4) Limitations of liability set forth under Section 53A-11-1004 apply to this section.
Amended by Chapter 114, 2010 General Session