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. (2) (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. (5) (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
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