Section 53B-27-402 - Institution duties(1) An institution is in violation of this part if the institution: (a) gains actual knowledge of discriminatory harassment in the institution's program or activity; and(b) acts with deliberate indifference to the discriminatory harassment.(2)(a) An institution may not sanction or discipline, as discriminatory harassment, student-on-student speech that does not constitute discriminatory harassment.(b) An institution is not liable under this part for failing to sanction or discipline a student who communicates student-on-student speech that is not discriminatory harassment.(3) Nothing in this part prevents an institution from sanctioning or disciplining student-on-student speech that is otherwise not protected under the First Amendment to the United States Constitution.(4) Nothing in this part prevents an institution from responding to student-on-student speech that is not discriminatory harassment by taking nonpunitive actions designed to promote a welcoming, inclusive environment.(5) Nothing in this part prevents an institution from maintaining policies prohibiting stalking or other criminal activity.Added by Chapter 125, 2021 General Session ,§ 2, eff. 5/5/2021.