Section 53B-2-102 - Appointment of institution of higher education presidents(1) As used in this section: (a) "Institution of higher education" means:(i) a degree-granting institution; or(ii) a technical college.(b) "President" means the president of an institution of higher education.(c) "Search committee" means a committee that selects finalists for a position as an institution of higher education president.(2) The board shall appoint a president for each institution of higher education.(3) An institution of higher education president serves in accordance with the terms of employment that the board establishes as described in Section 53B-1-402.(4)(a)(i) Except as provided in Subsection (4)(a)(ii), to appoint an institution of higher education president, the board shall establish a search committee that includes representatives of faculty, staff, students, the institution of higher education board of trustees, alumni, the outgoing institution of higher education president's executive council or cabinet, and the board.(ii) The board may delegate the authority to appoint the search committee described in Subsection (4)(a)(i) to an institution of higher education board of trustees.(iii) The commissioner shall provide staff support to a search committee.(b)(i) Except as provided in Subsection (4)(b)(ii), a search committee shall be cochaired by a member of the board and a member of the institution of higher education board of trustees.(ii) The board may delegate the authority to chair a search committee to the institution of higher education board trustees.(c) A search committee described in Subsection (4)(a) shall forward three to five finalists to the board to consider for a position as an institution of higher education president.(d) A search committee may not forward an individual to the board as a finalist unless two-thirds of the search committee members, as verified by the commissioner, find the individual to be qualified and likely to succeed as an institution of higher education president.(5)(a) The board shall select an institution of higher education president from among the finalists presented by a search committee.(b) If the board is not satisfied with the finalists forwarded by a search committee, the board may direct the search committee to resume the search process until the search committee has forwarded three finalists with whom the board is satisfied.(6) The board, through the commissioner, shall: (a) create a comprehensive, active recruiting plan to ensure a strong, diverse pool of potential candidates for institution of higher education presidents; and(b) review, in a closed executive session, individuals from within the system whose candidacy may be considered for future applicant pools in relation to the succession plan described in Section 53B-1-402.(7)(a) Except as provided in Subsection (7)(b), a record or information gathered or generated during the search process, including a candidate's application and the search committee's deliberations, is confidential and is a protected record under Section 63G-2-305.(b) Application materials for a publicly named finalist described in Subsection (5)(a) are not protected records under Section 63G-2-305.Amended by Chapter 254, 2023 General Session ,§ 9, eff. 7/1/2023.Amended by Chapter 187, 2021 General Session ,§ 5, eff. 3/16/2021.Amended by Chapter 365, 2020 General Session ,§ 58, eff. 7/1/2020.Amended by Chapter 382, 2018 General Session ,§ 2, eff. 5/8/2018.Repealed and reenacted by Chapter 382, 2017 General Session ,§ 20, eff. 7/1/2017.Amended by Chapter 58, 1991 General Session