1. (1) As used in this section:

   1. (a) "President" means the president of an institution of higher education.
   2. (b) "Search committee" means a committee that selects finalists for a position as an institution of higher education president.
2. (2) The board shall appoint a president for each institution of higher education.
3. (3) A president serves in accordance with the terms of employment that the board establishes as described in Section 53H-1-203.

4. (4)

   1. (a)

      1. (i) Except as provided in Subsection (4)(a)(ii), to appoint a 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 president's executive council or cabinet, and the board.
      2. (ii) The board may delegate the authority to appoint the search committee to an institution of higher education board of trustees.
      3. (iii) The commissioner shall provide staff support to a search committee.

   2. (b)

      1. (i) Except as provided in Subsection (4)(b)(ii), a member of the board and a member of the institution of higher education board of trustees shall cochair a search committee.
      2. (ii) The board may delegate the authority to chair a search committee to the institution of higher education board trustees.

   3. (c) A search committee shall:

      1. (i) respect and protect candidate confidentiality; and

      2. (ii) through closed executive sessions:

         1. (A) review prospective candidates; and
         2. (B) forward three prioritized finalists to the board to consider for a position as a president.
   4. (d) A search committee may not forward an individual to the board as a finalist unless a majority of the search committee members, as verified by the commissioner, find the individual to be qualified and likely to succeed as a president.

5. (5)

   1. (a) The board shall select an institution of higher education president from among the finalists a search committee presents to the board under Subsections (4)(c) and (5)(b).
   2. (b) If the board is not satisfied with the finalists a search committee presents to the board, the board may direct the search committee to resume the search process and submit three additional prioritized finalists until the search committee presents a finalist whom the board approves.

6. (6) The board, through the commissioner, shall:

   1. (a) create a comprehensive, active recruiting plan to ensure a strong, diverse pool of potential candidates for presidents; and
   2. (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 53H-1-203.
7. (7) 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.
8. (8) The board shall take final hiring action of a president in an open and public board meeting.

Renumbered and Amended by Chapter 8, 2025 Special Session 1