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Utah AG Memo: School Book Removal Can Violate 1st Amendment

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Utah AG Memo: School Book Removal Can Violate 1st Amendment


By MARJORIE CORTEZ, Deseret Information

SALT LAKE CITY (AP) — The Supreme Court docket has lengthy acknowledged that college students have their very own First Modification rights in class.

Eradicating books from faculty libraries, as some guardian teams and people in Utah have pushed native faculty boards and directors to do that faculty 12 months over what they deem inappropriate content material, “can represent an official suppression of concepts, in violation of the First Modification,” says a brand new memo despatched to colleges by the Utah Lawyer Basic’s Workplace.

The memo summarizes relevant statutes and case legal guidelines as district and constitution faculty boards work to both draft or replace their library insurance policies and procedures within the wake of requests that colleges take away books or different supplies that some say aren’t age acceptable or comprise dangerous supplies, the Deseret Information reported.

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The Utah State Board of Schooling is constant work on a draft coverage meant to supply district and constitution faculty boards a framework for creating or updating their insurance policies. The board’s Legislation and Licensing Committee deadlocked on a handful of proposals throughout its assembly late final week and referred the matter to the complete board. The board’s subsequent usually scheduled assembly is June 2 and no assembly is anticipated in July.

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In the meantime, faculty districts are working to make sure their practices and insurance policies adjust to HB374, sponsored by Rep. Ken Ivory, R-West Jordan, and handed throughout the 2022 session. The laws outlined sure tutorial supplies as “delicate supplies” and prohibits them in colleges. It additionally requires colleges to incorporate mother and father who’re “reflective of a college’s neighborhood” when figuring out whether or not an tutorial materials is delicate.

The laws additionally requires the State College Board in session with the Utah Lawyer Basic’s Workplace to supply steering and coaching to native colleges figuring out delicate supplies.

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Addressing the Legislation and Licensing Committee, Ivory reminded members that lawmakers, with the governor concurring, declared that pornography is a public well being hazard. “I feel all of us must be concerned in ensuring that these public well being impacts and societal harms aren’t borne upon our kids, that we not put them vulnerable to these harms,” he mentioned.

He urged the board to “abide the legislative intent” of HB374. If it doesn’t “then we’ll merely need to get extra prescriptive on the legislative degree,” Ivory mentioned.

Carol Lear, chairwoman of the board’s Legislation and Licensing Committee, mentioned the board’s work on a mannequin coverage is ongoing.

The memo from the Utah Lawyer Basic’s Workplace, which represents the varsity board, is “useful in that it reminds colleges that there are legal guidelines and courtroom circumstances that have to be adopted in sustaining or eradicating books from faculty libraries. College students’ First Modification rights to have entry to sure library books and supplies can’t be determined by a majority vote of oldsters at a college,” Lear mentioned.

The memo was drafted by Assistant Lawyer Basic Ashley Biehl within the workplace’s Schooling Division.

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The memo cites Tinker v. Des Moines Unbiased Group College District, wherein the Supreme Court docket addressed an Iowa faculty district’s ban on permitting college students to put on black armbands to protest America’s involvement within the Vietnam Warfare.

The justices concluded within the 1969 determination that college students and lecturers don’t “shed their constitutional rights to freedom of speech or expression on the schoolhouse gate.”

The case notes, “The vigilant safety of constitutional freedoms is nowhere extra important than locally of American colleges.”

Whereas different case regulation decided native faculty boards have broad discretion to handle faculty affairs, “such discretion have to be exercised in a fashion that comports with the transcendent imperatives of the First Modification. … (T)he particular traits of the varsity library make that atmosphere particularly acceptable for the popularity of such rights.”

The memo goes on to say that the Supreme Court docket has acknowledged that “college students should all the time stay free to inquire, to check and to guage, to realize new maturity and understanding.”

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The excessive courtroom has described the varsity library because the “principal locus of such freedom,” the memo states.

Ben Horsley mentioned the Granite College District has obtained a reasonably regular variety of requests to take away books or different supplies from colleges through the years however there was a noticeable uptick following the Utah Legislature’s passage of HB374.

Horsley mentioned Granite officers are “anxious to get their (the AG’s and state board’s) insights as we do have 32 books which have not too long ago been requested for reconsideration,” he mentioned.

Granite District has a “strong course of that engages mother and father as a part of that course of. However we’re clearly, in gentle of HB374 and this new steering from the AG’s workplace and state board, taking a look at how that is perhaps retooled,” Horsley mentioned.

Horsley mentioned Granite College District is very various and “we need to be sure that we’re assembly or offering alternatives for each pupil.”

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On the identical time, the varsity district will adjust to state regulation and its personal insurance policies that declare supplies have to be appropriate for minors, he mentioned.

Canyons College District obtained requests to take away 9 books from faculty libraries late final fall. In January, the district applied its up to date “College Library Media Choice and Evaluation” coverage, mentioned district spokesman Jeff Haney.

“We moved on it shortly within the fall to be aware of our neighborhood. We felt on the time, and proceed to really feel, that it was not a difficulty that might be positioned on the again burner. We wanted a transparent, sturdy coverage, and we predict we’ve completed … that,” he mentioned.

Despite the fact that the district has an up to date coverage, the AG’s memo has been “instructive,” he mentioned.

When patrons requested elimination of 9 titles from Canyons District faculty libraries, the district paused circulation of the titles pending the coverage replace. The books had been then evaluated in accordance with standards established within the new coverage.

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“The titles of ‘Garden Boy’ and ‘Gender Queer’ have been faraway from catalogues, both as a result of they had been ‘weeded’ as a part of the common de-selection course of performed by librarians or had been checked out by a pupil and by no means returned. ‘Lolita’ additionally was checked out by a pupil and by no means returned,” Haney mentioned.

“L8R G8R” has been de-selected by way of the evaluate course of and faraway from the district’s catalogues, he mentioned.

After critiques by teacher-librarians, the next titles can be retained in catalogues: “Out of Darkness,” “The Bluest Eye,” “Monday’s Not Coming,” “Reverse of Harmless” and “Past Magenta.”

The teacher-librarians are presently reviewing six different books in response to neighborhood requests for critiques underneath the brand new coverage, he mentioned.

Along with case regulation, the memo consists of state statutes that outline supplies which are dangerous to minors.

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“‘Dangerous to minors’ implies that high quality of any description or illustration, in in anyway kind, of nudity, sexual conduct, sexual pleasure, or sadomasochistic abuse when it: 1. taken as an entire, appeals to the prurient curiosity in intercourse of minors; 2. is patently offensive to prevailing requirements within the grownup neighborhood as an entire with respect to what’s appropriate materials for minors; and three. taken as an entire, doesn’t have critical worth for minors,” the memo states.

The memo says {that a} e-book should meet all three components to be thought-about dangerous to minors.

Copyright 2022 The Related Press. All rights reserved. This materials will not be revealed, broadcast, rewritten or redistributed.



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How to see Utah's “Mighty 5” national parks on an epic road trip

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How to see Utah's “Mighty 5” national parks on an epic road trip


Utah might not have the most national parks of any state – that honor goes to California – but it certainly has the highest concentration.

All of Utah’s “Mighty 5” are within easy driving distance of one another, meaning that the state is prime for an epic national parks road trip that you can even squeeze into a short amount of vacation time. With only a week to spare, it’s possible to get to know the distinct personalities of each of the state’s national parks.

Here’s how to plan an unforgettable drive in Utah.

Where should you start a Utah national parks road trip?

You can tackle Utah’s national parks west to east or vice versa, depending on your starting destination. Going from west to east is generally the most popular option because Zion National Park is just a few hours from the international airport in Las Vegas. You could also start this road trip in Salt Lake City, heading for either Zion or Arches first.

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Where should I rent a car for a Utah road trip?

If you’re flying in to visit Utah’s national parks, it’s easiest to rent a car at your arrival airport. After picking up the car, head to the grocery store to buy water, snacks and other supplies before you hit the road, especially if you’re looking for something specific. The gateway towns to Utah’s national parks are small, and their stores often don’t have as wide of a selection. 

When is the best time to drive between Utah’s national parks?

Late spring and early fall are the best seasons for road tripping in Utah. Summer is a popular time, but that means more cars on the road and more hikers on the trails. Winter is great for solitude seekers, but make sure you have the know-how to drive on snowy roads and a backup plan in case of closures or worse. State highways in some areas might be shut down until May because of heavy snowfall, particularly in the high elevations around Brian Head, north of Zion National Park.

Take an unforgettable hike through iconic sites in Zion, like the Narrows © James O’Neil / Getty Images

Stop 1: Zion National Park

The vibe: Awesome canyon and iconic hikes

What to do: Zion Canyon is one of the most intriguing natural wonders in the country, and it chalks up the visitor numbers to prove it. See what makes Zion so extraordinary by taking on the national park’s two iconic hikes: Angels Landing (permit required), a chain-assisted white-knuckle climb to a lofty narrow plateau, and the Narrows, where the trail is the Virgin River and you wade through the water as it churns through a towering slot canyon.

What to eat: In the heart of the canyon, the historic Zion Lodge has two places to eat: a small cafe and a full-fledged restaurant. The food isn’t particularly memorable, but the setting certainly is, and it’s the only place to eat inside the national park if you don’t bring your own supplies. Just outside Zion National Park’s south entrance, Zion Canyon Brew Pub was the first microbrewery in southern Utah and serves up pub grub that pairs perfectly with its beers. More restaurants, coffee shops and small grocery stores abound in Springdale, the gateway town hugging Zion’s south entrance.

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Where to stay: Zion National Park has two in-park accommodation options: camping or Zion Lodge. You need to book months in advance to get a reservation for either. Springdale has lots of excellent places to stay. See if rooms are available at Under the Eaves Inn, Red Rock Inn or Desert Pearl Inn, or head a bit further from the canyon. In East Zion, Zion Ponderosa Ranch Resort is ideal for families, with tons of activities for all ages. To the west, AutoCamp Zion offers a hip stay in Airstream trailers, and Under Canvas has set up gorgeous luxury glamping tents on Kolob Terrace Road.

The drive (75 miles, 1 hour and 25 minutes): Leave Zion National Park through the east entrance, driving through the tight-squeeze Zion–Mt Carmel Tunnel, which was the longest tunnel in the country when it opened in 1930. Continue on Hwy 9 to Mt Carmel Junction and then head north on Hwy 89. Turn east on Scenic Byway 12, nationally recognized as an “All-American Road” for its history and landscapes. You get a taste of what’s in store at the next national park as you drive through redrock arches and past intriguing rock formations shaped like Crayola crayons – and colored just as brightly.

Want to know more about Zion? Here’s our guide

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Stop 2: Bryce Canyon National Park

The vibe: Alien rock formations

What to do: Bryce Canyon hides its treasures from view when you first enter the park, but as soon as you reach the rim of the plateau, an army of rock spires called hoodoos stands at attention in the bowl of the natural amphitheater. The paved road through the national park is sprinkled with scenic overlooks where you can stop and gawp at these mesmerizing formations. Inspiration Point and Rainbow Point are wow-worthy pull-off points. But getting in among the hoodoos is a must. Hike the Navajo Loop from Sunset Point, book a horse ride on Peekaboo Loop or find a quieter collection of hoodoos on the Fairyland Loop.

What to eat: Bryce Canyon is Utah’s only other national park (besides Zion) that has a historic lodge inside the park, which has a restaurant (don’t miss the elk chili). There’s also a park general store that sells pizza, craft beer, ice cream and snacks. Bryce Canyon City is just outside the national park gates, but the restaurants in the small town of Tropic, a short drive to the southeast, are better. Try the pulled pork at IDK Barbecue or have a classy white-tablecloth dinner at Stone Hearth Grille.

Where to stay: Book far in advance to snag a place to sleep inside the park, either a campsite or a room at Bryce Canyon Lodge. Bryce Canyon City has several options near the park entrance, but it’s worth driving a little further to Bryce Glamp & Camp, a scenic, secluded spot where you can watch the night sky from your bed in a bubble dome.

The drive (125 miles, 2 hours and 40 minutes): Continue on Scenic Byway 12, which gets even more beautiful as you crest the rollercoaster hills and sail down the switchbacks. Much of the surrounding land is part of Grand Staircase–Escalante National Monument, which covers nearly 2 million acres. Tempting trailheads beckon, particularly around the towns of Escalante and Boulder – pull over and hike if you have time. Scenic Byway 12 ends at Hwy 24 near Torrey, the gateway town to Capitol Reef National Park.

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First time in Bryce Canyon? Here’s what you need to know

A historic barn sits at the edge of a wildflower meadow beneath towering red cliffs
Follow in the footsteps of Native Fremont people and 19th-century settlers at Capitol Reef © Johnny Adolphson / Shutterstock

Stop 3: Capitol Reef National Park

The vibe: Hikes through history

What to do: Capitol Reef wears its past on its sleeve, and when hiking in this national park, you’re following in the footsteps of many generations past, from the little-understood Native Fremont people to Mormon settlers. Don’t miss the petroglyphs east of the Capitol Reef Visitor Center (accessible via a boardwalk) and on the hike through Capitol Gorge, where ancient Native rock art is carved a short distance from the Pioneer Register, recording the names and dates of 19th-century settlers who passed through this slot canyon. In the center of the park, Fruita was a Mormon settlement established in 1879 and is well known for its orchards, which the National Park Service still maintains. Pick up one of the famous fruit pies from Gifford Homestead, where Fruita’s last inhabitants lived.

What to eat: Torrey is a short drive from the entrance to Capitol Reef National Park, and for such a small town, it has some impressive food options. At Torrey Grill & BBQ, a Culinary Institute of America graduate makes magic with smoked meats, while adorable Wild Rabbit Cafe serves phenomenal all-day breakfasts and sandwiches. Hunt & Gather is a surprising spot for fine dining, showcasing lovingly plated dishes of local ingredients.

Where to stay: Capitol Reef has one developed campground, as well as free primitive sites in the backcountry (free backpacking permit required). If you’d rather stay within four walls, try Torrey Schoolhouse B&B, a 1914 schoolhouse brought back to life as an elegant bed and breakfast. One of the best places to stay in Torrey is Skyview, which has rooms with hot tubs that look out on the redrock scenery, geodesic domes with skylights over the bed for nighttime stargazing, and a rooftop terrace.

The drive (155 miles, 2 hours and 30 minutes): Head east on Hwy 24, called the Capitol Reef Scenic Byway, which turns north at Hanksville. If you have time, detour west of Hwy 24 to Goblin Valley State Park to wander among its bizarre rock formations. On the east side of Hwy 24, Horseshoe Canyon is part of Canyonlands National Park and has one of the most significant Native rock art sites in North America – it’s nicknamed the “Louvre of the Southwest.” The road to Horseshoe Canyon is not paved, and a high-clearance 4WD vehicle is recommended. When Hwy 24 comes to an end near Green River, join Interstate 70 east and carry on until the Moab turnoff at Hwy 191. Turn west on Hwy 313 to reach another area of Canyonlands National Park.

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Hanging around in Capitol Reef? Here’s what to do there

A vast red-rock archway above a landscape with needle-like pinnacles and a river far below
Mesa soar through the sky thousands of feet above the Colorado and Green Rivers in Canyonlands © tobiasjo / Getty Images

Stop 4: Canyonlands National Park: Island in the Sky district

The vibe: Epic views

What to do: Canyonlands is Utah’s largest and least-visited national park. Few travelers venture to its most remote areas (and those who do require suitable vehicles and self-sufficiency), and Canyonlands’ quieter nature can be a welcome break from Utah’s busier parks. It is divided into four districts, the most accessible of which is Island in the Sky, near Moab. This area stretches out atop a majestic mesa thousands of feet above the Colorado and Green Rivers, the powerful forces that sculpted this land into sheer canyons and needle-like pinnacles. The scenic drive through the Island in the Sky district dawdles past a number of overlooks. Get a 360-degree bird’s-eye view of the landscape from the humbly named Grand View Point where the paved road ends.

What to eat: Moab’s main street is lined with great restaurants where you can fuel up for a day out, and the town is just a 40-minute drive from the Island in the Sky Visitor Center. In the northern part of Moab, Proper Brewing has an excellent beer garden where you can kick back and enjoy a burger and a Utah-made brew.

Where to stay: The Island in the Sky district has one campground. More campsites on Bureau of Land Management (BLM) land are scattered along Hwy 313, the main road into the national park, as well as along Hwy 128 and the Colorado River south of Arches National Park. For hotel accommodations, stay in Moab for an easy journey. Field Station is one of our top picks for location, price and adventure-seeking atmosphere, housed in a well-renovated roadside motel.

The drive (29 miles, 40 minutes): Canyonlands and Arches are about as close as two national parks can be, and it’s just a 30-minute drive from the Island in the Sky Visitor Center to Arches Visitor Center. If you can’t get enough of the views, take a detour to Dead Horse Point State Park for even more memorable vistas. Take Hwy 313 to Hwy 191 and drive south for a few miles to the turnoff for Arches National Park.

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Want to see even more of Canyonlands? Here’s what you need to know

A person looks tiny in comparison to a vast archway of rock that towers above them
The fifth park en route is Arches National Park, known for its incredible rock formations © Scudge / Shutterstock

Stop 5: Arches National Park

The vibe: Arches galore

What to do: The main draw of Arches is right in its name, and nowhere on Earth has more of this type of rock formation than this national park. Delicate Arch is the most iconic, enshrined on Utah’s license plates, and many more can be seen along the park’s main paved road on short hikes and from easy-to-reach viewpoints. At the end of the road, the Devils Garden Trail packs several arches into an easy or adventurous hike, depending on how far you want to go, including 306ft Landscape Arch, one of the longest in the world.

What to eat: There’s nowhere to eat inside Arches National Park, so bring in supplies from Moab or fuel up in town before or after a day of arch admiring. Find a variety of crowd-pleasing, budget-friendly options at Moab Food Truck Park or reserve a table at Desert Bistro, one of the best restaurants in this part of the state, for game and seafood in an 1892 former dance hall.

Where to stay: Arches has one campground inside the park (book far in advance), and campers can also find lots of sites on BLM land just outside the park boundaries. Otherwise, Moab makes for an excellent base camp, with plenty of hotels along its main street and beyond. Secluded south of town, ULUM Moab offers luxury glamping tents with views of its very own arch.

The drive: Round off your Utah national parks road trip by heading back to Salt Lake City (235 miles from Moab) or Las Vegas (460 miles from Moab). The fastest but least interesting way to get to Las Vegas is to take the interstates (I-70 north of Moab and then I-15 south), but if you have time, take the long road south from Moab, stopping at the Needles district of Canyonlands National Park, checking out film-famous Monument Valley on Navajo land and testing your luck by trying to get a permit for the Wave – one of the most sought-after hikes in the Southwest – in Kanab.

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Need more info about Arches? Here’s our guide for first-time visitors

Tips for EV drivers

Despite how remote some parts of the state are, Utah is an excellent place for an EV road trip, especially to the national parks. Some campgrounds and many hotels, including Zion Lodge inside the national park, have EV chargers for guests. Tesla has several Superchargers across the state, particularly along I-15 and I-70, including in St George (about 45 miles from Zion National Park’s south entrance), Green River and Moab (close to Arches and Canyonlands National Parks) and Blanding (about 70 miles from Canyonlands’ Needles district). 

A tricky stretch for EV drivers is the journey between Capitol Reef National Park and Moab. The Capitol Reef gateway town of Torrey has chargers, as does Green River, but you might need to be careful about how many places you explore in between.



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Participants run for charity during Utah Valley Marathon – The Daily Universe

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Participants run for charity during Utah Valley Marathon – The Daily Universe


Runners approach the finish line in downtown Provo after completing the Utah Valley Marathon. Spectators lined the area by the finish line to cheer on the runners. (Emily May)

The Utah Valley Marathon invited thousands of runners to run various distances throughout Utah Valley on Saturday, June 1.

Runners participated in full marathons, half marathons, 10k races and 5k races. Children also participated in a 1k race.

A map shows the full marathon. Over a thousand runners ran along this entire 26.2-mile trail. (Utah Valley Marathon)

The 26.2-mile marathon began at 6 a.m. Saturday morning in Wallsburg, southeast of the Deer Creek Reservoir, according to the Utah Valley Marathon website. Runners traveled mostly downhill along the Provo River through Provo Canyon and Bridal Veil Falls. The race ended on University Avenue near the Utah County Courthouse Grounds in downtown Provo.

The first-place runner of the full marathon finished the race in just under 2 hours and 20 minutes, according to Utah Valley Marathon. Most runners completed the marathon in three and a half to five hours.

Utah Valley Marathon said this race has one of the fastest average finish times in the world.

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The emcee at the marathon said many of the runners ran to qualify for the Boston Marathon while others ran to achieve their personal fitness goals.

“Each and every one of us can set goals and make magic happen,” the emcee said.

Tanner Pone and Hailey Fink, runners from Scottsdale, Arizona, completed the 26.2-mile marathon together.

“We did a half marathon in Tucson, and then we’re like, ‘The next step is go to Provo and do this marathon,’” Pone said. “We couldn’t be happier.”

Both runners expressed the sights they encountered during the marathon were beautiful.

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“This was a great marathon,” Fink said. “We’ve been loving exploring the town of Provo.”

Two runners hug each other after crossing the finish line in downtown Provo. Thousand of runners crossed this finish line during the Utah Valley Marathon. (Emily May)

The 13.1-mile half marathon began on the U.S. 189 in Provo Canyon near Sundance, according to Utah Valley Marathon, and followed the same route as the full marathon until reaching the finish line in downtown Provo.

BYU law student Hannah Barnes participated in the half marathon. She said she signed up for two half marathons in the past but did not run either.

“I just wanted to prove to myself that I could do it and say that I did it,” Barnes said. “It’s just been like a bucket list item for a while. I’m just glad I finished it.”

The emcee and spectators cheer on runners as they approach the finish line in downtown Provo. Crowds cheered on thousands of runners during the Utah Valley Marathon. (Emily May)

The 10k began in North Provo and followed University Avenue until the finish line, while the 5k on Friday, May 31 looped through the Riverwoods in North Provo. The 1k race for children looped around a couple blocks of downtown Provo on Saturday.

Children and parents approach the finish line of the 1k race. This race was free for children, and parents could run with their children as well. (Emily May)

Runners in the marathon ran for charitable causes, including Charity Vision, Kids on the Move and the Stella H. Oaks Foundation, the emcee at the marathon said.

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“Not only do they run for joy, they run for good,” the emcee said.

More information on these charities can be found on the Utah Valley Marathon website.

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Local students stand out at Utah Tech

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Local students stand out at Utah Tech


ST GEORGE, UT – Carlin Christensen, Justyn Hill-Hand and Krystal Jackson were among the 2,967 graduates at Utah Tech University’s 113th Commencement ceremonies held earlier this month. “Utah Tech University is excited to celebrate its 2024 graduating class,” Interim President Courtney White said. “We are so proud of our graduates’ accomplishments and can’t wait to […]

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