NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
1. Agency Information
Higher Education (Utah Board of), Administration
Utah Board of Higher Education Building, The Gateway
2. Contact Persons
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R765-802. Weapons on Campus
B. Purpose of the new rule or reason for the change:
This filing amends Rule R765-802 based on updated Utah System of Higher Education (USHE) institutional policies incorporated by reference into this rule.
The changes to this rule focus on updating the list of USHE institution policies incorporated in this rule to reflect any necessary changes made to those policies since the last amendment to Rule R765-802.
C. Summary of the new rule or change:
The amendments to Rule R765-802 update statutory citations based on SB 1001, passed in the 2025 Special Session.
The changes also update the titles and dates of certain institutional policies incorporated in this rule and incorporate other policies that relate to the possession of weapons on the campuses of institutions of higher education within the USHE.
4. Legislative Action Information
A. Are any changes in this filing because of state legislative action?
Changes are because of legislative action.
B. If yes, any bill number and session:
SB 1001 (2025 Special Session)
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
The amendments to Rule R765-802 will not have any fiscal impact on the state budget.
There is no fiscal impact on the state budget because this rule relates only to general rights and restrictions related to possessing weapons on the campuses of USHE institutions.
This rule contains no provisions related to funding, appropriations, or budgets.
The changes made to this rule relate primarily to ensuring correct incorporation of various institutions' policies related to possession of weapons on campus and the incorporation of those documents will have no relation to, or impact on, the state budget.
The amendments to Rule R765-802 will not have any fiscal impact on local governments.
There is no fiscal impact on local governments because this rule relates only to general rights and restrictions related to possessing weapons on the campuses of USHE institutions.
This rule contains no provisions related to funding, appropriations, or budgets.
The changes made to this rule relate primarily to ensuring correct incorporation of various institutions' policies related to possession of weapons on campus and the incorporation of those documents will have no relation to, or impact on, local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
The amendments to Rule R765-802 will not have any fiscal impact on small businesses.
There is no fiscal impact on small businesses because this rule relates only to general rights and restrictions related to possessing weapons on the campuses of USHE institutions.
This rule contains no provisions related to funding, appropriations, or budgets.
The changes made to this rule relate primarily to ensuring correct incorporation of various institutions' policies related to possession of weapons on campus and the incorporation of those documents will have no relation to, or impact on, small businesses.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
The amendments to Rule R765-802 will not have any fiscal impact on non-small businesses.
There is no fiscal impact on non-small businesses because this rule relates only to general rights and restrictions related to possessing weapons on the campuses of USHE institutions.
This rule contains no provisions related to funding, appropriations, or budgets.
The changes made to this rule relate primarily to ensuring correct incorporation of various institutions' policies related to possession of weapons on campus and the incorporation of those documents will have no relation to, or impact on, non-small businesses.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
The amendments to Rule R765-802 will not have any fiscal impact on persons other than small businesses, non-small businesses, state, or local government entities.
There is no fiscal impact on persons other than small businesses, non-small businesses, state, or local government entities because this rule relates only to general rights and restrictions related to possessing weapons on the campuses of USHE institutions.
This rule contains no provisions related to funding, appropriations, or budgets.
The changes made to this rule relate primarily to ensuring correct incorporation of various institutions' policies related to possession of weapons on campus and the incorporation of those documents will have no relation to, or impact on, persons other than small businesses, non-small businesses, state, or local government entities.
F. Compliance costs for affected persons:
The amendments to Rule R765-802 will not impose any compliance costs on affected persons.
There are no compliance costs because this rule relates only to general rights and restrictions related to possessing weapons on the campuses of USHE institutions and the changes made to the provisions of this rule, which mainly focus on updating the incorporation of institutional policies related to weapons possession, do not create any such compliance costs.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Utah System of Higher Education, Geoffrey Landward, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
10. Incorporation by Reference Information Incorporation by Reference (if this rule incorporates more than two items by reference, please include additional tables): A. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):
Official Title of Materials Incorporated (from title page)
PPM 5-35a, Firearms on Campus
B. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):
Official Title of Materials Incorporated (from title page)
Policy 1-003, Firearms on Campus
C. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):
Official Title of Materials Incorporated (from title page)
Salt Lake Community College
D. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):
Official Title of Materials Incorporated (from title page)
Student Rights and Code of Conduct, 530.4
Ogden-Weber Technical College
E. This rule adds or updates the following title of material incorporated by reference (a copy of the material incorporated by reference must be submitted to the Office of Administrative Rules. If none, leave blank):
Official Title of Materials Incorporated (from title page)
Ogden-Weber Technical College
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Alison Adams, Board Secretary and
Designee
R765. Higher Education (Utah Board of), Administration.
R765-802. Weapons on Campus.
R765-802-1. Purpose.
In accordance with Title 53H[B], Chapter [2]7, Part 3, Student Civil Liberties Protection Act, this rule establishes general rights and restrictions on possessing weapons on campus. R765-802-2. Authority.
This rule is authorized by Section 53H[B]-2[7]-302. R765-802-3. Possession of Weapons on Campus.
[(1) ]Each institution shall comply with and enforce the following state laws governing firearms on campus: [(a) ](1) Title 53H[B], Chapter [2]7, Part 3, Student Civil Liberties Protection Act; [(b) ](2) Title 76, Chapter 3, Part 2, Sentencing; and [(c) ](3) Title 76, Chapter 11[0, Part 5], Weapons. R765-802-4. Incorporations of Institution Policies.
(1) The following institutions have adopted the following policies that are incorporated by reference within this rule[, including any amendments]: (a) Weber State University's PPM 5-35a, Firearms on Campus, August 10, 2010;
(b) University of Utah's Policy 1-003, Firearms on Campus, September 24, 2007;
(c) [Utah Valley University's 541 Student Code of Conduct, November 29, 2018; (d) ]Salt Lake Community College's Policy 2.5.050, Weapons, [2-3.14, 10/02/2018]August 14, 2014; and [(e)](d) Ogden-Weber Technical College's: (i) Student Rights and Code of Conduct, 530.4, December 4, 2025; and (ii) Employee Conduct, 520.30, August 10, 2024.[ Weapons Prohibited on College Property and at College Activities 520.52., July 25, 2019.] KEY: civil liberties, due process, weapons
Date of Last Change: 2026[January 20, 2022] Notice of Continuation: January 6, 2026
Authorizing, and Implemented or Interpreted Law: 53H[B]-[2]7-302 !--dar--
