53H-3 - Institutions of Higher Education Generally

Title 53H > 53H-3

Sections (62)

General Provisions

53H-3-101 - General provisions — Definitions.

53H-3-102 - Institutions of higher education — Corporate bodies — Powers.

53H-3-102(1) The institutions of higher education and the board listed in Section 53H-1-102 are bodies politic and corporate with perpetual succession and with all rights, immunities, and franchises necessary to function as such. 53H-3-102(2) An institution of higher education and the board may have and use a corporate seal and may, subject to this title, take, hold, lease, sell, and convey real and personal property as the interest of the institution requires.An institution of higher education and the board is vested with all the property, franchises, and endowments of, and is subject to, all the contracts, obligations, and liabilities of the institution’s respective predecessor.An institution of higher education and the board may enter into business relationships or dealings with private seed or venture capital entities or partnerships consistent with Utah Constitution, Article VI, Section 29, Subsection (2).A business dealing or relationship entered into under Subsection (2)(c)(i) does not preclude the private entity or partnership from participating in or receiving benefits from a venture capital program authorized or sanctioned by the laws of this state, unless otherwise precluded by the specific law that authorizes or sanctions the program.

Boards of Trustees

53H-3-201 - General provisions — Definitions.

53H-3-202 - Degree-granting institution board of trustees — Powers and duties.

53H-3-202(1) A degree-granting institution has a board of trustees that may act on behalf of the degree-granting institution in performing duties, responsibilities, and functions as may be specifically authorized to the board of trustees by the board or by statute. 53H-3-202(2) A board of trustees of a degree-granting institution has the following powers and duties:to facilitate communication between the degree-granting institution and the community;to assist in planning, implementing, and executing fund raising and development projects aimed at supplementing institutional appropriations;to perpetuate and strengthen alumni and community identification with the degree-granting institution’s tradition and goals;to select recipients of honorary degrees; andto approve changes to the degree-granting institution’s programs, in accordance with Section 53H-3-603. 53H-3-202(3) A board of trustees of a degree-granting institution shall:approve a strategic plan for the degree-granting institution that is aligned with:state attainment goals;workforce needs;board goals and metrics described in Section 53H-1-203; andthe degree-granting institution’s role, mission, and distinctiveness; andmonitor the degree-granting institution’s progress toward achieving the strategic plan.

53H-3-203 - Degree-granting institution board of trustees — Membership — Terms — Vacancies — Oath — Officers — Bylaws — Quorum — Committees — Compensation.

53H-3-203(1) As used in this section, “board of trustees” means the board of trustees for a degree-granting institution. 53H-3-203(2) The board of trustees consists of the following:except as provided in Subsection (2)(c), eight individuals appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies; andtwo ex officio members who are the president of the institution’s alumni association, and the president of the associated students of the institution.In making the appointments described in Subsections (2)(a)(i) and (2)(c)(i), the governor:shall ensure that the membership of a board of trustees includes representation of interests of business, industry, and labor; andmay not appoint an individual to more than two consecutive full terms.The board of trustees of Utah State University has nine individuals appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.One of the nine individuals described in Subsection (2)(c)(i) shall reside in the Utah State University Eastern service region or the Utah State University Blanding service region. 53H-3-203(3) The governor shall appoint four members of each board of trustees during each odd-numbered year to four-year terms commencing on July 1 of the year of appointment.Except as provided in Subsection (3)(d), a member appointed under Subsection (2)(a)(i) or (2)(c)(i) holds office until a successor is appointed and qualified.The ex officio members serve for the same period as each ex officio member serves as president and until the ex officio member’s successors have qualified.The governor may remove a member appointed under Subsection (2)(a)(i) or (2)(c)(i) for cause.The governor shall consult with the president of the Senate before removing a member in accordance with Subsection (3)(d)(i). 53H-3-203(4) When a vacancy occurs in the membership of a board of trustees for any reason, the governor shall, with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies, appoint a replacement for the unexpired term. 53H-3-203(5) Each member of a board of trustees shall take the official oath of office prior to assuming the office.The oath shall be filed with the Division of Archives and Records Services. 53H-3-203(6) A board of trustees shall elect a chair and vice chair, who serve for two years and until the chair and vice chair’s successors are elected and qualified. 53H-3-203(7) A board of trustees may enact bylaws for the board of trustees’ own government, including provisions for regular meetings.A board of trustees may provide for an executive committee in the board of trustees’ bylaws.If established, an executive committee shall have full authority of the board of trustees to act upon routine matters during the interim between board of trustees meetings.An executive committee may act on nonroutine matters only under extraordinary and emergency circumstances.An executive committee shall report the executive committee’s activities to the board of trustees at the board of trustees’ next regular meeting following the action.Copies of a board of trustees’ bylaws shall be filed with the board. 53H-3-203(8) A quorum is required to conduct business and consists of six members. 53H-3-203(9) A board of trustees may establish advisory committees. 53H-3-203(10) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. 53H-3-203(11) A board of trustees member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.

53H-3-204 - Technical college board of trustees’ powers and duties.

53H-3-204(1) A technical college board of trustees shall:assist the technical college president in preparing a budget request for the technical college’s annual operations to the board;after consulting with the board, other higher education institutions, school districts, and charter schools within the technical college’s region, assist the technical college president in preparing a comprehensive strategic plan for delivering technical education within the region;in accordance with Section 53H-3-603, approve programs, including expedited program approval and termination procedures to meet market needs;adopt an annual budget and fund balances;conduct annual program evaluations;approve a strategic plan for the technical college that is aligned with:state attainment goals;workforce needs;the technical college’s role, mission, and distinctiveness; andboard goals and metrics described in Section 53H-1-203; andmonitor the technical college’s progress toward achieving the strategic plan; andact on behalf of the technical college in performing other duties as authorized by the board or by statute. 53H-3-204(2) A technical college board of trustees may not exercise jurisdiction over career and technical education provided by a school district or charter school or provided by a higher education institution independently of the technical college.

53H-3-205 - Technical college boards of trustees — Membership — Appointments.

53H-3-205(1) As used in this section,“Higher education institution” means the same as that term is defined in Section 53H-9-603.”Technical college service area” means the geographic area served by each technical college as described in Section 53H-3-1202. 53H-3-205(2) A technical college board of trustees consists of:one member of the local school board for each school district in the technical college service area, appointed by the local school board to which the member belongs;except as provided in Subsection (3)(b), one individual who is a member of the higher education institution board of trustees, appointed by the higher education institution board of trustees; anda number of individuals, appointed by the governor with the advice and consent of the Senate and in accordance with Title 63G, Chapter 24, Part 2, Vacancies, that is:seven for:Tooele Technical College;Uintah Basin Technical College; andDixie Technical College;eight for:Bridgerland Technical College;Ogden-Weber Technical College;Davis Technical College; andSouthwest Technical College; ornine for Mountainland Technical College. 53H-3-205(3) In appointing the members described in Subsection (2)(c), the governor shall appoint individuals who represent the interests of business, industry, or labor in the technical college service area.If no member of the institution of higher education board of trustees lives within the technical college service area, the institution of higher education board of trustees may nominate an individual to be appointed by the governor with the advice and consent of the Senate instead of appointing a member described in Subsection (2)(b). 53H-3-205(4) The governor may remove a member appointed under Subsection (2)(c) or (3)(b) for cause.The governor shall consult with the president of the Senate before removing a member appointed under Subsection (2)(c) or (3)(b). 53H-3-205(5) A member described in Subsection (2)(c) shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.

53H-3-206 - Technical college boards of trustees — Terms — Quorum — Chair — Compensation.

53H-3-206(1) Except as provided in this Subsection (1), a member of a technical college board of trustees is appointed to a four-year term.The governor may appoint a member described in Subsection 53H-3-205(2)(c) to a two-year term to ensure that the terms of approximately half of the members described in Subsection 53H-3-205(2)(c) expire every other year.When a vacancy occurs in the membership of a technical college board of trustees, the appointing authority for the vacant position described in Section 53H-3-205 shall appoint a replacement for the remainder of the term.An appointed member holds office until a successor is appointed in accordance with Section 53H-3-205. 53H-3-206(2) A member of a technical college board of trustees may not hold office for more than two consecutive full terms. 53H-3-206(3) A majority of a technical college board of trustees is a quorum. 53H-3-206(4) A technical college board of trustees shall elect a chair from the technical college board of trustees’ membership. 53H-3-206(5) A member of a technical college board of trustees may not receive compensation or benefits for the member of the technical college board of trustees’ service, but may receive per diem and travel expenses in accordance with:Section 63A-3-106;Section 63A-3-107; andrules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. 53H-3-206(6) A technical college board of trustees may enact bylaws for the technical college board of trustees’ own government, including provisions for regular meetings, that are in accordance with the policies of the board.A technical college board of trustees may provide for an executive committee in the technical college board of trustees’ bylaws.If established, an executive committee shall have the full authority of the technical college board of trustees to act upon routine matters during the interim between board of trustees’ meetings.An executive committee may act on nonroutine matters only under extraordinary and emergency circumstances.An executive committee shall report the executive committee’s activities to the technical college board of trustees at the technical college board of trustees’ next regular meeting following the activities. 53H-3-206(7) A technical college board of trustees may establish advisory committees.

Presidents

53H-3-301 - General provisions — Definitions.

53H-3-302 - Appointment of institution of higher education presidents.

53H-3-302(1) As used in this section:“President” means the president of an institution of higher education.”Search committee” means a committee that selects finalists for a position as an institution of higher education president. 53H-3-302(2) The board shall appoint a president for each institution of higher education. 53H-3-302(3) A president serves in accordance with the terms of employment that the board establishes as described in Section 53H-1-203. 53H-3-302(4) 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.The board may delegate the authority to appoint the search committee to an institution of higher education board of trustees.The commissioner shall provide staff support to a search committee.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.The board may delegate the authority to chair a search committee to the institution of higher education board trustees.A search committee shall:respect and protect candidate confidentiality; andthrough closed executive sessions:review prospective candidates; andforward three prioritized finalists to the board to consider for a position as a president.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. 53H-3-302(5) 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).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. 53H-3-302(6) The board, through the commissioner, shall:create a comprehensive, active recruiting plan to ensure a strong, diverse pool of potential candidates for presidents; andreview, 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. 53H-3-302(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. 53H-3-302(8) The board shall take final hiring action of a president in an open and public board meeting.

53H-3-303 - Duties and responsibilities of the president of an institution of higher education — Approval by board of trustees.

53H-3-303(1) As used in this section,“president” means the president of an institution. 53H-3-303(2) The president of each institution may exercise grants of power and authority as the board delegates, as well as the necessary and proper exercise of powers and authority not denied to the institution or the institution’s administration, faculty, or students by the board or by law, to ensure the effective and efficient administration and operation of the institution consistent with the statewide strategic plan for higher education. 53H-3-303(3) A president may:appoint or employ administrative officers, deans, faculty members, professional personnel, and support personnel;prescribe duties for a position described in Subsection (3)(a); anddetermine the salary for an employed position described in Subsection (3)(a), in accordance with the institution’s human resources policies. 53H-3-303(4) A president may, after consultation with the institution’s board of trustees, exercise powers related to the institution’s employees, including faculty and persons under contract with the institution, by implementing:policies governing personnel;furloughs;reductions in force;program reductions or discontinuance;early retirement incentives that provide cost savings to the institution; orother measures that provide cost savings, facilitate efficiencies, or otherwise enable the institution to meet the institution’s mission and role. 53H-3-303(5) A president shall:control and manage the budget and finances of the institution, including by, as determined by the president:establishing the institution’s budget; andestablishing or adjusting administrative or academic unit budgets; andsubject to Section 53H-8-202, establish:tuition for the institution, including both resident and nonresident tuition if the institution is a degree-granting institution, subject to the approval of the board as described in Section 53H-1-203; andfees and other charges for the institution; andestablish the organization and structure of the institution, including by, as determined by the president, creating, merging, or eliminating a college, department, or other administrative or academic unit of the institution. 53H-3-303(6) Subject to the approval of the institution’s board of trustees, a president:shall establish a budgetary policy, such as policy regarding benefits and endowment investments;subject to Section 53H-3-406, shall provide for the constitution, government, and organization of the faculty and administration, including:enacting and implementing rules;ensuring that the faculty may only have jurisdiction over:academic requirements for admission, degrees, and certificates; andcourse curriculum and instruction;permitting faculty to have jurisdiction over a matter other than a matter described in Subsection (6)(b)(ii) only if the following entities expressly authorize or delegate such power:the Legislature;the board; institution’s board of trustees; orthe institution’s president; and if the institution is a degree-granting institution, the establishment of a prescribed system of tenure; andmay authorize the faculty to determine the general initiation and direction of instruction and of the examination, admission, and classification of students. 53H-3-303(7) A president may establish policies for the administration and operation of the institution that:are consistent with the institution’s role that the board establishes, rules which the board enacts, and the laws of the state; andmay provide for:administrative, faculty, student, and joint committees with jurisdiction over specified institutional matters;student government and student affairs organizations;the establishment of institutional standards in furtherance of the ideals of higher education to which the institution and the institution’s administration, faculty, and students subscribe and foster; andthe holding of classes on legal holidays, other than Sunday. 53H-3-303(8) A president shall manage the president’s institution as a part of the Utah System of Higher Education. 53H-3-303(9) In performing any of the acts described in this section, a president may, in the president’s sole discretion, seek input from the institution’s faculty, staff, or students. 53H-3-303(10) The board shall establish guidelines relating to the roles and relationships between presidents and boards of trustees, including those matters for which law requires the approval of a board of trustees before implementation by the president. 53H-3-303(11) A president is subject to regular review and evaluation that the board administers, in consultation with the institution’s board of trustees, through a process the board approves.Only the board may formally assess a president’s performance, formally declare a president’s standing, or take other formal action to evaluate a president.

53H-3-304 - Powers of chief administrative officer to order individuals off an institution of higher education’s property.

53H-3-304(1) As used in this section:“Chief administrative officer” means the president of an institution of higher education or an individual designated by the president.”Institution of higher education” means:an institution of higher education as defined in Section 53H-1-101; ora private postsecondary educational institution. 53H-3-304(2) It is the purpose of this section to:supplement and clarify the power vested in the governing board of each institution of higher education; andregulate, conduct, and enforce law and order on property owned, operated, or controlled by each institution of higher education. 53H-3-304(3) A chief administrative officer may order an individual to leave property that is owned, operated, or controlled by an institution of higher education if:the individual acts, or if the chief administrative officer has reasonable cause to believe that the individual intends to act, to:cause injury to an individual;cause damage to property;commit a crime;interfere with the peaceful conduct of the activities of the institution of higher education;violate a rule or regulation of the institution of higher education if that rule or regulation is not in conflict with state law; ordisrupt the institution of higher education, the institution’s pupils, or the institution of higher education’s activities; orthe individual is reckless as to whether the individual’s actions will cause fear for the safety of another individual. 53H-3-304(4) If a law enforcement agency or security department of an institution of higher education lacks sufficient manpower to deal effectively with a condition of unrest existing or developing on a campus or related facility of the institution of higher education in the judgment of the chief administrative officer, the chief administrative officer may call for assistance from the county sheriff of the county, a city law enforcement agency, or the Department of Public Safety.Upon receipt of the request under Subsection (4)(a), the county sheriff, a city law enforcement agency, or the Department of Public Safety must render all necessary assistance without expense to the institution of higher education.All personnel while rendering assistance to the institution of higher education shall serve under the general direction of the chief administrative officer. 53H-3-304(5) Nothing in this section shall limit:the right or duty of a local law enforcement agency to enforce the law which the local law enforcement agency had prior to this enactment; orthe right of a state or local law enforcement agency to enforce the laws of this state.

53H-3-305 - Technical college presidents.

53H-3-305(1) The board shall appoint a president for each technical college in accordance with Section 53H-3-302. 53H-3-305(2) A technical college president is the chief executive officer of the technical college. 53H-3-305(3) A technical college president:does not need to have a doctorate degree; andshall have extensive experience in career and technical education. 53H-3-305(4) In addition to the duties described in Section 53H-3-303, a technical college president shall:after consulting with the board, other institutions of higher education, school districts, and charter schools within the technical college’s region, prepare a comprehensive strategic plan for delivering technical education within the region;consult with business, industry, the Department of Workforce Services, the Governor’s Office of Economic Opportunity, and the Governor’s Office of Planning and Budget on an ongoing basis to determine what workers and skills are needed for employment in Utah businesses and industries;coordinate with local school boards, school districts, and charter schools to meet the technical education needs of secondary students; anddevelop policies and procedures for the admission, classification, instruction, and examination of students in accordance with the policies and accreditation guidelines of the board and the State Board of Education.

Employees

53H-3-401 - General provisions — Definitions.

53H-3-402 - Criminal background checks of prospective and existing employees of higher education institutions — Institutions to adopt policy.

53H-3-402(1) As used in this section,“Institution” means an institution and the board listed in Subsection 53H-1-102(1).”Minor” means a person younger than 21 years old. 53H-3-402(2) An institution and the board listed in Subsection 53H-1-102(1) shall adopt a policy providing for criminal background checks of:prospective employees of institutions; andexisting employees of institutions, where reasonable cause exists. 53H-3-402(3) The policy shall require that:an applicant for any position that involves significant contact with minors or any position considered to be security sensitive by an institution or the institution’s designee shall submit to a criminal background check as a condition of employment; andan existing employee submit to a criminal background check, where reasonable cause exists.Subsection (3)(a)(i) does not apply to adjunct faculty positions.The policy may allow or require applicants for positions other than those described in Subsection (3)(a)(i) to submit to a criminal background check as a condition of employment.The policy may allow criminal background checks for new employees to be phased in over a two-year period. 53H-3-402(4) The applicant or employee shall receive written notice that the background check has been requested. 53H-3-402(5) Each applicant or employee subject to a criminal background check under this section shall, if required by the institution:be fingerprinted; andconsent to a fingerprint background check by:the Utah Bureau of Criminal Identification; andthe Federal Bureau of Investigation. 53H-3-402(6) Institutions may request the Utah Bureau of Criminal Identification to conduct criminal background checks of prospective employees and, where reasonable cause exists, existing employees pursuant to an institution’s policy.At the request of an institution, the Utah Bureau of Criminal Identification shall:release the individual’s full record of criminal convictions to the administrator requesting the information; andseek additional information from regional or national criminal data files in responding to inquiries under this section.Information received by the Utah Bureau of Criminal Identification from entities other than agencies or political subdivisions of the state may not be released to a private entity unless the release is permissible under applicable laws or regulations of the entity providing the information.Except as provided in Subsection (7), the institution shall pay the cost of background checks conducted by the Utah Bureau of Criminal Identification, and the money collected shall be credited to the Utah Bureau of Criminal Identification to offset the Utah Bureau of Criminal Identification’s expenses. 53H-3-402(7) An institution may by policy require an applicant to pay the costs of a criminal background check as a condition of employment. 53H-3-402(8) The applicant or employee shall have an opportunity to respond to any information received as a result of the criminal background check. 53H-3-402(9) If a person is denied employment or is dismissed from employment because of information obtained through a criminal background check, the person shall receive written notice of the reasons for denial or dismissal and have an opportunity to respond to the reasons under procedures established by an institution in policy.

53H-3-403 - Bereavement leave for miscarriage and stillbirth.

53H-3-403(1) As used in this section “miscarriage” means the spontaneous or accidental loss of a fetus, regardless of gestational age or the duration of the pregnancy. 53H-3-403(2) An institution shall adopt policies providing at least three work days of paid bereavement leave for an employee following the end of the employee’s pregnancy by way of miscarriage or stillbirth or following the end of another individual’s pregnancy by way of a miscarriage or stillbirth, if:the employee is the individual’s spouse or partner;the employee is the individual’s former spouse or partner and the employee would have been a biological parent of a child born as a result of the pregnancy;the employee provides documentation to show that the individual intended for the employee to be an adoptive parent, as that term is defined in Section 81-13-101, of a child born as a result of the pregnancy; orunder a valid gestational agreement in accordance with Title 81, Chapter 5, Part 8, Gestational Agreement, the employee would have been a parent of a child born as a result of the pregnancy.

53H-3-404 - Institution of higher education required to provide leave to a legislator on an authorized legislative day.

53H-3-404(1) As used in this section:“Authorized legislative day” means:the day on which the Legislature convenes in annual general session, and each day after that day, until midnight of the 45th day of the annual general session;a special session day;a veto override session day;an interim day designated by the Legislative Management Committee;an authorized legislative training day; orany other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if:the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution;the legislator’s attendance at the meeting is approved by the Legislative Management Committee; andservice and payment for service by the legislator is not in violation of the Utah Constitution, including Article V and Article VI, Sections 6 and 7.”Authorized legislative training day” means a day that a Legislative Expenses Oversight Committee designates as an authorized legislative day for training or informational purposes, including:chair training;an issue briefing;legislative leadership instruction;legislative process training;legislative rules training;new legislator orientation; oranother meeting to brief, instruct, orient, or train a legislator in relation to the legislator’s official duties.”Legislator” means:a member of the Utah Senate;a member of the Utah House of Representatives; oran individual who has been elected as a member described in Subsection (1)(c)(i) or (ii), but has not yet been sworn in or begun the individual’s term of office.”Retaliatory action” means to:dismiss the employee;reduce the employee’s compensation;fail to increase the employee’s compensation by an amount that the employee is otherwise entitled to or was promised;fail to promote the employee if the employee would have otherwise been promoted; orthreaten to take an action described in Subsections (1)(d)(i) through (iv). 53H-3-404(2) Except as provided in Subsection (4), an institution of higher education and the board listed in Subsection 53H-1-102(1) that employs an individual who is a legislator:shall grant leave to the individual on an authorized legislative day for the number of hours requested by the individual;may not interfere with, or otherwise restrain the individual from, using the leave described in Subsection (2)(a); andmay not take retaliatory action against the individual for using the leave described in Subsection (2)(a). 53H-3-404(3) The leave described in Subsection (2) is leave without pay unless the institution of higher education or the board and the individual described in Subsection (2) agree to terms that are more favorable to the individual. 53H-3-404(4) An institution of higher education or the board is not required to comply with Subsection (2) if the institution board of trustees of the institution of higher education determines that complying with the requirement would cause the institution of higher education significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the institution of higher education’s operations.

53H-3-405 - Degree-granting institution attorneys — Appointment — Duties.

53H-3-405(1) Recognizing the status of degree-granting institutions within the Utah System of Higher Education as bodies politic and corporate, the president of a degree-granting institution may appoint attorneys to:provide legal advice to the degree-granting institution’s administration; andcoordinate legal affairs within the degree-granting institution. 53H-3-405(2) A degree-granting institution shall fund compensation costs and related office expenses for an attorney described in Subsection (1) within existing budgets. 53H-3-405(3) The board shall coordinate the activities of attorneys described in Subsection (1). 53H-3-405(4) An attorney described in Subsection (1):may not:conduct litigation;settle a claim covered by the State Risk Management Fund; orissue a formal legal opinion; andshall cooperate with the Office of the Attorney General in providing legal representation to a degree-granting institution.

53H-3-406 - Tenure — Reporting.

53H-3-406(1) A president of a degree-granting institution, in consultation with the degree-granting institution’s board of trustees, shall make policies:related to tenure and post-tenure review; andensuring that the terms and conditions of tenured employment are stated in writing and provided to a faculty member. 53H-3-406(2) Tenure and post-tenure policies shall:protect academic freedom in teaching, research, and in an individual’s personal life;require that a final award of tenure be approved by the president of the degree-granting institution offering the award of tenure, in consultation with the board of trustees of the degree-granting institution; andcomply with this section. 53H-3-406(3) A tenured faculty member may be dismissed from employment at a degree-granting institution:for cause, including:professional incompetence;serious misconduct or unethical behavior;legal misconduct substantially related to the performance of duties;serious violations of board or institution rules;the conviction of a crime affecting the fitness of the tenured faculty member to engage in teaching, research, service, outreach, administration, or other assigned duties;falsified credentials or plagiarism; orinability or unwillingness to meet institutional expectations, including failure to address deficiencies outlined in a remediation plan following post-tenure review;if the program in which the tenured faculty member works is discontinued by the degree-granting institution or modified to such a degree that the tenured faculty member’s position is no longer needed; andin the event of financial exigency of the degree-granting institution. 53H-3-406(4) Policies governing dismissal of a tenured faculty member for cause shall include, at a minimum:notice to the tenured faculty member of the alleged cause, including any evidence supporting the allegation;providing reasonable time and opportunity for the tenured faculty member to respond;a hearing before an independent board of tenured faculty peers;a written determination on the issue, including a determination of termination or continued employment; andan appeals process ending with the final decision of the president of the degree-granting institution in consultation with the board of trustees of the degree-granting institution. 53H-3-406(5) A tenured faculty member who is being dismissed because the program in which the tenured faculty member works is discontinued or modified, as described in Subsection (3)(b), or in the event of financial exigency of the degree-granting institution, as described in Subsection (3)(c), shall receive severance in accordance with the terms of the tenured faculty member’s employment contract. 53H-3-406(6) Nothing in this section prohibits a president of a degree-granting institution from creating additional policies and processes regarding discipline of a tenured faculty member. 53H-3-406(7) A degree-granting institution shall conduct, and a tenured faculty member shall receive:an annual performance review of the tenured faculty member’s performance; anda post-tenure review, as described in Subsection (9). 53H-3-406(8) A president of a degree-granting institution shall ensure that each program or department at the degree-granting institution has policies describing the minimum performance of a tenured faculty member for use in a post-tenure review. 53H-3-406(9) A post-tenure review shall:be conducted by a committee of:tenured faculty member peers, appointed by the appropriate vice president at the degree-granting institution in consultation with the faculty member’s department chair, including at least two individuals appointed from either a different department than the tenured faculty member going through post-tenure review, a different degree-granting institution than the tenured faculty member going through post-tenure review, or both; andthe provost or the provost’s designee; andconsist of a comprehensive review of the tenured faculty member’s performance over the previous five years, including:teaching assessment, including student evaluations, for all courses taught;the quality of the tenured faculty member’s scholarly research;service to the profession, school, or community;annual performance reviews;intellectual property owned wholly or partly by, or commercialization efforts attributed to, the tenured faculty member;the tenured faculty member’s compliance with the degree-granting institution’s policies regarding the responsibilities and ethical obligations of faculty members; andany improvement plans for underperformance. 53H-3-406(10) If, following a post-tenure review, a tenured faculty member is found to not meet the standards established by the degree-granting institution, the degree-granting institution shall create a remediation plan to address deficiencies and a timeline by which the tenured faculty member is expected to address the deficiencies.A tenured faculty member who fails to address deficiencies as described in Subsection (10)(a) may be subject to disciplinary action from the degree-granting institution, including dismissal for cause, subject to the appeals process described in Subsection (4)(e).In consultation with the board of trustees, a president of a degree-granting institution who does not dismiss a tenured faculty member who fails to address deficiencies as described in Subsection (10)(a) shall justify in writing to the board why the tenured faculty member is not being dismissed. 53H-3-406(11) A president of a degree-granting institution shall provide an annual report to the board, no later than October 1 of each year, with the following information:the number of post-tenure reviews that took place at the degree-granting institution in the previous year;an analysis of scores from post-tenure reviews that took place in the previous year with personal information redacted;the number of post-tenure reviews from the previous year that resulted in a remediation plan;a qualitative summary of the types of remediation plans created in the previous year, including an average timeline by which tenured faculty members are expected to address deficiencies; anda summary of written justifications described in Subsection (10)(c), if any, with personal information redacted.

Notifications and Disclosures

53H-3-501 - General provisions — Definitions.

53H-3-502 - Organ donation notification.

53H-3-502(1) As used in this section:“Donor” means the same as that term is defined in Section 26B-8-301.”Donor registry” means the same as that term is defined in Section 26B-8-301. 53H-3-502(2) An institution of higher education shall distribute, twice each academic year to each enrolled student:an electronic message notifying each student of the option to register as a donor by selecting the Internet link described in Subsection (2)(a)(ii); andthrough the electronic message described in Subsection (2)(a)(i) an Internet link to a website for a donor registry established under Section 26B-8-319.An institution of higher education may also provide to students information on donor registry by other electronic, printed, or in-person means.

53H-3-503 - Education loan notifications.

53H-3-503(1) As used in this section:“Borrower” means:an individual enrolled in an eligible postsecondary institution who receives an education loan; oran individual, including a parent or legal guardian, who receives an education loan to fund education expenses of an individual enrolled in an eligible postsecondary institution.”Education loan” means a loan made to a borrower that is:made directly by a federal or state program; orinsured or guaranteed under a federal or state program.”Eligible postsecondary institution” means an entity that:is an institution of higher education or private postsecondary educational institution; andparticipates in federal student assistance programs under the Higher Education Act of 1965, Title IV, 20 U.S.C. Sec. 1070 et seq. 53H-3-503(2) Annually, on or before July 1, an eligible postsecondary institution that receives information about a borrower’s education loan shall:notify the borrower that the borrower has an education loan;direct the borrower to the National Student Loan Data System described in 20 U.S.C. Sec. 1092b to receive information about the borrower’s education loan; andprovide the borrower information on how the borrower can access an online repayment calculator. 53H-3-503(3) An eligible postsecondary institution does not incur liability for information provided to a borrower in accordance with this section.

53H-3-504 - Disclosure requirements for institution programs.

53H-3-504(1) As used in this section:“Department” means the Department of Workforce Services.”Job placement data” means information collected by the board, and based on information from the department, that reflects the job placement rate and industry employment information for a student who graduates from a program.”Program” means a program of organized instruction or study at an institution that leads to:an academic degree;a professional degree;a vocational degree;a certificate of one year or greater or the direct assessment equivalent; oranother recognized educational credential.”Program” includes instruction or study that, in lieu of time as a measurement for student learning, utilizes direct assessment of student learning, or recognizes the direct assessment of student learning by others, if the assessment is consistent with the accreditation of the institution or program utilizing the results of the assessment.”Student loan information” means the percentage of students at an institution who:received a Title IV loan authorized under:the Federal Perkins Loan Program;the Federal Family Education Loan Program; orthe William D. Ford Direct Loan Program; andfail to pay a loan described in Subsection (1)(e)(i)(A), (B), or (C).”Total costs” means:the estimated costs a student would incur while completing a program, including:tuition and fees; andbooks, supplies, and equipment; andcalculated based on a student’s degree, the institution’s average costs that would be incurred while a student completes a program and are subsidized by taxpayer contribution, including:tuition and fees; andother applicable expenses subsidized by taxpayer contribution for program completion.”Wage data” means information collected by the board, and based on information from the department, that reflects a student’s wage the first year and fifth year after a student has successfully completed a program. 53H-3-504(2) Except as provided in Subsection (4), for each program listed in an institution’s course catalog or each program otherwise offered by the institution, the institution shall provide a conspicuous and direct link on the institution’s website, subject to Subsection (2)(b), to the following information maintained by the board in accordance with Subsection (3):job placement data;to the extent supporting data is available, student loan information;total costs; andwage data.An institution shall include the information described in Subsection (2)(a) on each institutional website that includes academic, cost, financial aid, or admissions information for a program. 53H-3-504(3) The commissioner, under the board’s direction, shall:collect the information described in Subsection (2)(a);develop through user testing a format for the display of information described in Subsection (2)(a) that is easily accessible and informative; andmaintain the information described in Subsection (2)(a) so that it is current. 53H-3-504(4) An institution is not subject to Subsection (2) for a program that the institution is required to report on under 34 C.F.R. Sec. 668.412. 53H-3-504(5) The board shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules for the implementation and administration of this section.

53H-3-505 - Health insurance mandates.

An institution of higher education shall include in a health plan it offers to the institution of higher education’s employees insurance mandates in accordance with Section 31A-22-605.5 .

Institutional Programs and Courses of Study

53H-3-601 - General provisions — Definitions.

53H-3-602 - Establishment of institutional roles and general courses of study.

53H-3-602(1) Except as institutional roles are specifically assigned by the Legislature, the board:shall establish and define the roles of the various institutions of higher education; andshall, within each institution of higher education’s primary role, prescribe the general course of study to be offered at the institution of higher education, including for:research universities, which provide undergraduate, graduate, and research programs and include:the University of Utah; andUtah State University;regional universities, which provide career and technical education, undergraduate associate and baccalaureate programs, and select master’s degree programs to fill regional demands and include:Weber State University;Southern Utah University;Utah Tech University; andUtah Valley University;comprehensive community colleges, which provide associate programs and include:Salt Lake Community College; andSnow College; andtechnical colleges and degree-granting institutions that provide technical education, and include:each technical college; andthe degree-granting institutions described in Section 53H-3-608. 53H-3-602(2) Except for the University of Utah, and subject to Subsection (2)(b), each institution of higher education described in Subsections (1)(b)(i) through (iii) has career and technical education included in the institution of higher education’s primary role.The board shall determine the extent to which an institution described in Subsection (2)(a) provides career and technical education within the institution’s primary role. 53H-3-602(3) The board shall further clarify each institution of higher education’s primary role by clarifying:the level of program that the institution of higher education generally offers, in accordance with Subsection 53H-3-603(3);broad fields that are within the institution of higher education’s mission; andany special characteristics of the institution of higher education, such as being a land grant university.

53H-3-603 - Changes in curriculum — Substantial alterations in institutional operations — Program approval — Periodic review of programs — Career and technical education curriculum changes.

53H-3-603(1) As used in this section,“program of instruction” means a program of curriculum that leads to the completion of a degree, diploma, certificate, or other credential. 53H-3-603(2) Under procedures and policies approved by the board and developed in consultation with each institution of higher education, each institution of higher education may make such changes in the institution of higher education’s curriculum as necessary to better effectuate the institution of higher education’s primary role; andsubject to Subsection (2)(a), an institution of higher education’s faculty shall establish and have primary responsibility for the curriculum of a course within a program of instruction at the institution. 53H-3-603(3) The board shall establish criteria for whether an institution of higher education may approve a new program of instruction, including criteria related to whether:the program of instruction meets identified workforce needs;the institution of higher education is maximizing collaboration with other institutions of higher education to provide for efficiency in offering the program of instruction;the new program of instruction is within the institution of higher education’s mission and role; andthe new program of instruction meets other criteria determined by the board. 53H-3-603(4) Except as board policy permits, an institution of higher education may not establish a branch, extension center, college, or professional school.The president of an institution of higher education may, with the approval of the institution of higher education’s board of trustees, establish a new program of instruction that meets the criteria described in Subsection (3), subject to board review for pathway articulation.An institution of higher education shall notify the board of a proposed new program of instruction, including how the proposed new program of instruction meets the criteria described in Subsection (3).The board shall establish procedures and guidelines for institutional boards of trustees to consider an institutional proposal for a new program of instruction described in Subsection (4)(b). 53H-3-603(5) Except as provided in Subsection (5)(a)(ii), a degree-granting institution may not offer a degree with a credit-hour requirement, comprising general education and degree-specific requirements, that exceeds 120 total credit hours.The board may authorize a degree-granting institution to exceed the credit-hour limit described in Subsection (5)(a)(i) if the relevant degree:is required for professional licensure; orhas a nationally recognized accreditation standard that mandates a higher credit-hour minimum, including circumstances where additional coursework is necessary to protect public health, safety, and welfare.The board shall develop a process to grant conditional approval of accelerated three-year degrees to allow for the implementation of an accelerated degree upon accreditation. 53H-3-603(6) The president of an institution of higher education may discontinue a program of instruction in accordance with criteria that the president and the institution of higher education’s board of trustees establish. 53H-3-603(7) The board shall conduct a periodic review of all new programs of instruction, including those funded by gifts, grants, and contracts, no later than two years after the first cohort to begin the program of instruction completes the program of instruction.The board may conduct a periodic review of any program of instruction at an institution of higher education, including a program of instruction funded by a gift, grant, or contract.The board shall conduct:at least once every five years, at least one review described in Subsection (7)(b) of each program of instruction at each institution; andannually, a qualitative and quantitative review of academic disciplines across the system, including enrollment, graduation rates, and workforce placement, ensuring that the board conducts a review of all disciplines within the system at least once every five years.Following a review described in this Subsection (7) that finds that a program is underperforming, as the board defines, across the system of higher education or at an individual institution, and after providing the relevant institution of higher education an opportunity to respond to the board’s review of a given program of instruction, the board:shall modify, consolidate, or terminate the program of instruction; andmay require an institution to develop a performance improvement plan and annually report back to the board regarding the plan.The board shall:develop qualitative and quantitative standards for program review under this Subsection (7); andensure the application of the standards the board develops under Subsection (7)(e)(i) in each program review. 53H-3-603(8) In making decisions related to career and technical education curriculum changes, the board shall coordinate on behalf of the boards of trustees of higher education institutions a review of the proposed changes by the State Board of Education to ensure an orderly and systematic career and technical education curriculum that eliminates overlap and duplication of course work with high schools and technical colleges. 53H-3-603(9) The board shall demonstrate compliance with Subsection (7) by:creating a list of programs and corresponding review schedules;upon request of the Higher Education Appropriations Subcommittee, providing the list described in Subsection (9)(a); andproviding a written report on or before October 1 to the Higher Education Appropriations Subcommittee of each year regarding relevant findings from the reviews conducted under Subsection (7). 53H-3-603(10) On or before October 1, 2026, if the Higher Education Appropriations Subcommittee finds the board to be out of compliance with Subsection (9), the Legislature shall:deduct 10% of the appropriation described in Section 53H-8-302 for the following fiscal year; anddeduct an additional 10% of the appropriation described in Section 53H-8-302 for each subsequent year of noncompliance up to a maximum deduction of 30%.

53H-3-604 - Common course numbering — Transferability of credits — Agreement with competency-based general education provider — Policies.

53H-3-604(1) As used in this section:“Accredited institution” means an institution that:offers a competency-based postsecondary general education course online or in person; andis accredited by an organization that the United States Department of Education recognizes.”Articulation agreement” means an agreement between the board and a provider that allows a student to transfer credit awarded by the provider for a general education course to any institution of higher education.”Competency-based” means a system where a student advances to higher levels of learning when the student demonstrates competency of concepts and skills regardless of time, place, or pace.”Competency-based general education provider” or “provider” means a private postsecondary educational institution that:offers a postsecondary competency-based general education course online or in person;awards academic credit; anddoes not award degrees, including associates degrees or baccalaureate degrees.”Credit for prior learning” means the same as that term is defined in Section 53H-3-702. 53H-3-604(2) The board shall:facilitate articulation and the seamless transfer of courses, programs, and credit for prior learning within the Utah System of Higher Education;provide for the efficient and effective progression and transfer of students within the Utah System of Higher Education;avoid the unnecessary duplication of courses;communicate ways in which a student may earn credit for prior learning; andallow a student to proceed toward the student’s educational objectives as rapidly as the student’s circumstances permit. 53H-3-604(3) The board shall develop, coordinate, and maintain a transfer and articulation system that:maintains a course numbering system that assigns common numbers to specified courses of similar level with similar curricular content, rigor, and standards;allows a student to track courses that transfer among institutions of higher education;allows a student to transfer courses from a provider with which the board has an articulation agreement to any institution of higher education;allows a student to transfer competency-based general education courses from an accredited institution to an institution of higher education;improves program planning;increases communication and coordination between institutions of higher education;facilitates student acceleration and the transfer of students and credits between institutions of higher education; andif the system includes a software or data tool:provides predictive analysis that models probabilities of student success; anddevelops tailored strategies to best support students. 53H-3-604(4) The board shall identify general education courses in the humanities, social sciences, arts, physical sciences, and life sciences with uniform prefixes and common course numbers.A degree-granting institution shall annually identify institution courses that satisfy requirements of courses described in Subsection (4)(a).A degree-granting institution shall accept a course described in Subsection (3)(c), (3)(d), or (4)(a) toward filling specific area requirements for general education or lower division courses that transfer to baccalaureate majors. 53H-3-604(5) The board shall:identify technical education programs with common names, descriptions, lengths, and objectives; andwithin technical education programs, common course names, descriptions, length, and objectives allowing for customization of electives to meet regional industry demand.The commissioner shall appoint committees of faculty members from technical education committees to recommend aligned programs and courses that will satisfy graduation requirements. 53H-3-604(6) The board shall identify common prerequisite courses and course substitutions for degree programs across degree-granting institutions.The commissioner shall appoint committees of faculty members from the degree-granting institutions to recommend appropriate courses of similar content and numbering that will satisfy requirements for lower division courses that transfer to baccalaureate majors.A degree-granting institution shall annually identify institution courses that satisfy requirements of courses described in Subsection (6)(a).A degree-granting institution shall accept a course described in Subsection (3)(c), (3)(d), or (6)(a) toward filling graduation requirements. 53H-3-604(7) The board shall seek proposals from providers to enter into articulation agreements.A proposal described in Subsection (7)(a)(i) shall include the general education courses that the provider intends to include in an articulation agreement.The board shall:evaluate each general education course included in a proposal described in Subsection (7)(a) to determine whether the course is equally rigorous and includes the same subject matter as the equivalent course offered by any institution of higher education; andif the board determines that a course included in a provider’s proposal is equally rigorous and includes the same subject matter as the equivalent course offered by any institution of higher education, enter into an articulation agreement with the provider. 53H-3-604(8) The board shall establish policies to administer the policies and requirements described in this section. 53H-3-604(9) The board shall include information demonstrating that institutions of higher education are complying with the provisions of this section and the policies established in accordance with Subsection (8) in the annual report described in Section 53H-1-203.

53H-3-605 - Granting of degrees, diplomas, or certifications — Board approval — Termination of previous approval.

53H-3-605(1) An institution of higher education may not issue a degree, diploma, or certificate outside of the institution of higher education’s primary role, as described in Section 53H-3-602, unless the institution of higher education receives approval from the board of the adequacy of the study for which the degree, diploma, or certificate is offered.A student shall demonstrate a reasonable understanding of the history, principles, form of government, and economic system of the United States before receiving a bachelor’s degree or teaching credential. 53H-3-605(2) Degrees, diplomas, and certificates issued prior to the effective date of this section do not require board approval. 53H-3-605(3) The board may terminate the granting of previously approved degrees, diplomas, and certificates if the degrees, diplomas, or certificates are inconsistent with the primary role prescribed by the board for the affected institution of higher education.

53H-3-606 - Pathways development.

53H-3-606(1) The board shall develop and implement a plan that creates clear educational pathways:from a technical college to a degree-granting institution;in course work leading to a qualifying job or a qualifying degree as described in Section 53H-11-415; andfor high schools that offer criminal justice or protective services pathways programs, including information on:available concurrent enrollment classes in subjects described in Section 53H-11-403; andscholarship opportunities for careers as peace officers as defined in Section 53H-11-306. 53H-3-606(2) The plan shall maximize efficiencies in transferring earned credit and help align academic programs with workforce needs. 53H-3-606(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules necessary to establish: a plan described in this section; andthe job requirements related to regional pathway coordinators funded by the Legislature related to this section and as described in Subsection (4). 53H-3-606(4) Under the direction of the Office of the Commissioner of Higher Education, regional pathway coordinators shall:collaborate with regional secondary and postsecondary professionals in:concurrent enrollment;career and technical education; andworkforce development;coordinate regional responsibilities with the professionals described in Subsection (4)(a) for programming that aligns work between:the statewide college and career mapping efforts;the Utah First Credential program described in Section 53E-10-310; andrelated pathway initiatives, including those described in this section;support implementation of:the Utah First Credential program described in Section 53E-10-310; andfuture programming aligned with updates related to and within the Utah First Credential program described in Section 53E-10-310;as the Office of the Commissioner of Higher Education requests, contribute to the development of:the Utah First Credential Master Plan described in Section 53E-10-310;the master credential list described in Section 53E-10-310; andrelated Utah First Credential program elements described in Section 53E-10-310, including:alignment of the first credential framework with college and career mapping;regional needs assessments;landscape analyses;definitions and assessment tools; andstatewide reporting frameworks; andprovide required reporting on institutional and regional outcomes related to key performance indicators the Office of the Commissioner of Higher Education establishes.

53H-3-607 - Courses offered through the Statewide Online Education Program.

An institution of higher education listed in Section 53H-1-102 may offer a secondary school level course through the Statewide Online Education Program in accordance with Section 53F-4-504 .

53H-3-608 - Geographic service areas for degree-granting institutions that provide technical education.

53H-3-608(1) A degree-granting institution of higher education provides technical education in the geographic areas of the state described in this section. 53H-3-608(2) The Snow College Richfield campus, described in Section 53H-4-502, provides technical education for the geographic area encompassing:the Juab School District;the Millard School District;the Tintic School District;the North Sanpete School District;the South Sanpete School District;the Wayne School District;the Piute School District; andthe Sevier School District.A Utah State University regional institution, as defined in Section 53H-4-303, provides technical education for the geographic area encompassing:for Utah State University Eastern, described in Section 53H-4-303:the Carbon School District; andthe Emery School District;for Utah State University Blanding, described in Section 53H-4-303, the San Juan School District; andfor Utah State University Moab, described in Section 53H-4-303, the Grand School District.Salt Lake Community College provides technical education for the geographic area encompassing:the Salt Lake City School District;the Granite School District;the Murray School District;the Canyons School District; andthe Jordan School District.

53H-3-609 - Degree-granting institutions that provide technical education — Duties — Board evaluation.

53H-3-609(1) A degree-granting institution described in Section 53H-3-608:shall:fulfill the technical college duties described in Subsections 53H-3-1203(1) and (2); andreport annually to the board on:the status of technical education in the degree-granting institution’s service area; andstudent tuition and fees for the technical education programs provided by the degree-granting institution; andmay not exercise any jurisdiction over career and technical education provided by a school district or charter school independently of the school district or charter school. 53H-3-609(2) The board shall monitor and evaluate the impact of degree programs on technical education provided by a degree-granting institution described in Section 53H-3-608.

Credit for Prior Learning and Military Service

53H-3-701 - General provisions — Definitions.

53H-3-702 - Credit for prior learning — Board plan and policies — Reporting.

53H-3-702(1) As used in this section:“Credit for prior learning” means credit awarded by an institution to a student who demonstrates, through a prior learning assessment, that the student’s prior learning meets college-level competencies.”International Baccalaureate programme” means an International Baccalaureate Secondary Education programme course that:the International Baccalaureate establishes; andan International Baccalaureate diploma candidate takes;an International Baccalaureate career candidate takes; oran International Baccalaureate course student, who is not a candidate under Subsection (1)(c)(ii)(A) or (B), takes.”International Baccalaureate programme subject score” means the total points the International Baccalaureate awards to a student for an International Baccalaureate programme course based on fulfillment of all subject requirements, including the end-of-course examination and externally assessed coursework.”Prior learning” means knowledge, skills, or competencies acquired through formal or informal education outside the traditional postsecondary academic environment.”Prior learning assessment” means a method of evaluating or assessing an individual’s prior learning. 53H-3-702(2) The board shall develop a plan for advising and communicating with students and the public about credit for prior learning. 53H-3-702(3) The board shall establish policies that provide minimum standards for all institutions regarding:accepted forms of prior learning assessments;awarding credit for prior learning;transferability of credit for prior learning between institutions;transcription of credit for prior learning;institutional procedures for maintaining transparency and consistency in awarding credit for prior learning;communication to faculty, advisors, current students, and prospective students regarding standards and costs related to credit for prior learning and prior learning assessments;required training of faculty and advisors on prior learning assessment standards and processes; andportfolio-specific prior learning assessments.The board shall ensure that accepted forms of prior learning assessments described in Subsection (3)(a) include:program evaluations, completed by an institution, of noncollegiate programs or training courses to recognize proficiencies;nationally recognized, standardized examinations, including:Advanced Placement examinations;College Level Exam Program general examinations;College Level Exam Program subject examinations; andDANTES Subject Standardized Tests;International Baccalaureate programme subject scores;customized examinations offered by an institution to verify an individual’s learning achievement that may include course final examinations or other examinations that assess general disciplinary knowledge or skill;evaluations of corporate or military training; andassessments of individuals’ portfolios. 53H-3-702(4) The board shall establish minimum scores and maximum credit for each standardized examination described in Subsection (3)(b)(ii).An institution shall award credit to a student who demonstrates competency by passing a standardized examination described in Subsection (3)(b)(ii) unless the award of credit duplicates credit already awarded. 53H-3-702(5) For purposes of Subsection (3)(b)(iii), all institutions shall award credit to a student who receives an International Baccalaureate programme subject score of four or higher for an International Baccalaureate programme course unless the award of credit duplicates credit an institution already awarded. 53H-3-702(6) The board shall, through committees that the board authorizes, consult with the Utah Association of IB World Schools and school International Baccalaureate program coordinators to align International Baccalaureate programme subject scores with commonly numbered institution of higher education courses to satisfy general education requirements or major requirements. 53H-3-702(7) The board shall:create and maintain a website that provides statewide information on prior learning assessments and credit for prior learning; andmaintain software or data tools to support the board in:implementing the plan described in Subsection (2); andfulfilling the board’s requirements described in Section 53H-3-604. 53H-3-702(8) An institution shall annually report to the board on:each form of prior learning assessment for which the institution provides credit for prior learning; andthe total amount of credit for prior learning the institution provides to students.

53H-3-703 - Credit for military service and training — Notification — Transferability — Reporting.

53H-3-703(1) As used in this section, “credit” includes proof of equivalent noncredit course completion awarded by a technical college. 53H-3-703(2) An institution of higher education listed in Section 53H-1-102 shall provide written notification to each student applying for admission that the student is required to meet with a college counselor in order to receive credit for military service and training as recommended by a postsecondary accreditation agency or association designated by the board if:credit for military service and training is requested by the student; andthe student has met with an advisor at an institution of higher education listed in Section 53H-1-102 at which the student intends to enroll to discuss applicability of credit to program requirements, possible financial aid implications, and other factors that may impact attainment of the student’s educational goals. 53H-3-703(3) Upon transfer within the state system of higher education, a student may present a transcript to the receiving institution of higher education for evaluation and to determine the applicability of credit to the student’s program of study, and the receiving institution of higher education shall evaluate the credit to be transferred in accordance with Subsection (2) and the policies described in Section 53H-3-702. 53H-3-703(4) The board shall annually report the number of credits awarded under this section by each institution of higher education to the Department of Veterans and Military Affairs.

Formation of Non-Profit Corporations and Foundations

53H-3-801 - General provisions — Definitions.

53H-3-802 - Formation of non-profit corporations or foundations.

53H-3-802(1) An institution of higher education described in Section 53H-1-102 may form a non-profit corporation or foundation to aid or assist the institution of higher education, within the institution of higher education’s mission and role described in Section 53H-3-602, in meeting the institution of higher education’s charitable, scientific, literary, research, educational, or other objectives. 53H-3-802(2) The board and the president of the institution of higher education control a nonprofit corporation or foundation described in Subsection (1). 53H-3-802(3) A nonprofit corporation or foundation described in Subsection (1) may receive and administer:legislative appropriations;government grants;private contracts; orprivate gifts.

Enforcement of Regulations at Institutions

53H-3-901 - General provisions — Definitions.

53H-3-901(1) It is the purpose of this part to confirm and clarify the power vested in the board to pass rules and regulations governing parking and traffic on campuses and related facilities and to enforce the rules and regulations by all appropriate methods. 53H-3-901(2) The board may delegate authority granted under this part to the president of each institution so long as the rules and regulations are approved by the institution’s board of trustees.

53H-3-902 - Power of board and institutions to adopt rules and enact regulations.

53H-3-902(1) As used in this section,“face covering” means the same as that term is defined in Section 53G-9-210. 53H-3-902(2) The board may enact regulations governing the conduct of university and college students, faculty, and employees.A president in consultation with the board of trustees, may enact policies governing the conduct of university and college students, faculty, and employees. 53H-3-902(3) An institution may enact traffic, parking, and related policies governing all individuals on campus and facilities owned or controlled by the institution.The board and an institution may not require proof of vaccination as a condition for enrollment or attendance within the system of higher education unless the board or an institution allows for the following exemptions:a medical exemption if the student provides to the institution a statement that the claimed exemption is for a medical reason; anda personal exemption if the student provides to the institution a statement that the claimed exemption is for a personal or religious belief.An institution that offers both remote and in-person learning options may not deny a student who is exempt from a requirement to receive a vaccine under Subsection (3)(b)(i) to participate in an in-person learning option based upon the student’s vaccination status.Subsections (3)(b)(i) and (ii) do not apply to a student studying in a medical setting at an institution of higher education.Nothing in this section restricts a state or local health department from acting under applicable law to contain the spread of an infectious disease.The board or an institution may not require an individual to wear a face covering as a condition of attendance for in-person instruction, institution-sponsored athletics, institution-sponsored extracurricular activities, in dormitories, or in any other place on a campus of an institution within the system of higher education at any time after the end of the spring semester in 2021.Subsection (3)(c)(i) does not apply to an individual in a medical setting at an institution of higher education. 53H-3-902(4) The board shall enact regulations that require all testimony be given under oath during an employee grievance hearing for a non-faculty employee of an institution of higher education if the grievance hearing relates to the non-faculty employee’s:demotion; ortermination. 53H-3-902(5) Acknowledging that the Legislature has the authority to regulate, by law, firearms at higher education institutions, the board may:authorize higher education institutions to establish no more than one secure area at each institution as a hearing room in accordance with Section 76-8-311.1, but not otherwise restrict the lawful possession or carrying of firearms; andauthorize a higher education institution to make a policy that allows a resident of a dormitory located at the institution to request only roommates who are not licensed to carry a concealed firearm under Section 53-5a-303 or Section 53-5a-305. 53H-3-902(6) In addition to the requirements and penalty prescribed in Sections 76-8-311.1 and 76-8-311.2, the board shall make rules to ensure:the use of reasonable means such as mechanical, electronic, x-ray, or similar devices, to detect firearms, ammunition, or dangerous weapons contained in the personal property of or on the person of any individual attempting to enter a secure area hearing room;that an individual required or requested to attend a hearing in a secure area hearing room is notified in writing of the requirements related to entering a secure area hearing room under this Subsection (6)(b) and Section 76-8-311.1;that the restriction of firearms, ammunition, or dangerous weapons in the secure area hearing room is in effect only during the time the secure area hearing room is in use for hearings and for a reasonable time before and after the hearing; andthe application of reasonable space limitations to the secure area hearing room as the number of individuals involved in a typical hearing warrants. 53H-3-902(7) The board and institutions may enforce the rules, regulations, and policies described in this section in any reasonable manner, including the assessment of fees, fines, and forfeitures, through:withholding from money owed the violator;the imposition of probation, suspension, or expulsion from the institution;the revocation of privileges;the refusal to issue certificates, degrees, and diplomas;judicial process; or any reasonable combination of the alternatives described in this Subsection (7).

53H-3-903 - Establishment of police or security departments.

53H-3-904 - Appointment of police or security personnel — Powers.

53H-3-904(1) An institution shall appoint members of the police or security department of the institution. 53H-3-904(2) Upon appointment, members described in Subsection (1) are peace officers and have all the powers of police in cities and of sheriffs, including the power to make arrests on view or on warrant of violation of state statutes and city or county ordinances. 53H-3-904(3) Members of the police or security department of any institution also have the power to enforce all rules and regulations that the institution or the board promulgates as related to the institution.

53H-3-905 - Criminal and traffic laws in full force and effect.

53H-3-905(1) All of the criminal laws of this state, including the traffic laws, are in full force and effect on the campuses of institutions of higher education and upon all other property or facilities owned by the institutions or operated or controlled by the governing board of the institution. 53H-3-905(2) An institution of higher education is a “political subdivision” and the board of trustees is a “local authority.”All streets, roadways, alleys, and parking lots on property owned or controlled by an institution of higher education are “streets or highways” as these terms are used in Title 41, Chapter 6a, Traffic Code.

53H-3-906 - Traffic violations — Notice of rule or regulation.

53H-3-906(1) It is a violation of this section for any person to operate or park a vehicle upon any property owned or controlled by an institution of higher education contrary to posted signs authorized by the published rules and regulations of the institution or to block or impede traffic through or on any of these properties. 53H-3-906(2) A violation of Subsection (1) is an infraction. 53H-3-906(3) Notice of a rule or regulation to all persons is sufficient if the rule or regulation is published in one issue of a newspaper of general circulation in the county or counties in which the institution and the campus or facility is located.

53H-3-907 - Violation of part a misdemeanor.

A violation of this part is a class B misdemeanor.

53H-3-908 - Jurisdiction of district and justice courts.

Any district court or any justice court of any city or county in which property owned or controlled by a state institution of higher education is located has jurisdiction to hear and determine cases involving an alleged violation of this part.

53H-3-909 - Fines and forfeitures — Disposition.

All fines and forfeitures collected by any justice court judge and one-half of all the fines and forfeitures collected by the clerk of any district court for a violation of any of this part are remitted to the state treasurer to be credited to the general operating fund of the institution of higher education complaining of the violation.

Internships

53H-3-1001 - General provisions — Definitions.

As used in this part: 53H-3-1001(1) “Cooperating employer” means a public or private entity which, as part of a work experience and career exploration program offered through an institution of higher education, provides interns with training and work experience in activities related to the entity’s ongoing business activities.”Cooperating employer” also means an institution of higher education that provides the work experience segment of an intern’s work experience and career exploration program. 53H-3-1001(2) “Institution of higher education” means any:component of the state system of higher education, described in Section 53H-1-102, that is authorized by the board to offer internship programs; andprivate postsecondary educational institution which offers internship programs under this part. 53H-3-1001(3) “Intern” means a student enrolled in a work experience and career exploration program under Section 53H-3-1002:that an institution of higher education sponsors;involves both classroom instruction and work experience with a cooperating employer; andfor which the student receives no compensation. 53H-3-1001(4) “Internship” means the work experience segment of an intern’s work experience and career exploration program that:an institution of higher education sponsors under a written agreement with a cooperating employer; andan intern performs under the direct supervision of a cooperating employer.

53H-3-1002 - Higher education internships.

An institution of higher education may offer internships in connection with work experience and career exploration programs operated in accordance with rules of the board.

53H-3-1003 - Interns — Workers’ compensation medical benefits — Risk management.

53H-3-1003(1) An intern participating in an internship under Section 53H-3-1002 is considered to be a volunteer worker of the sponsoring institution of higher education solely for purposes of:receiving workers’ compensation medical benefits; andcoverage by the Risk Management Fund created in Section 63A-4-201. 53H-3-1003(2) Receipt of medical benefits under Subsection (1) shall be the exclusive remedy against the institution and the cooperating employer for all injuries and occupational diseases as provided under Title 34A, Chapter 2, Workers’ Compensation Act, and Chapter 3, Utah Occupational Disease Act.

53H-3-1004 - Internship programs — Criminal background checks.

An institution of higher education shall require an officer or employee of the institution or a cooperating employer, who will be given significant unsupervised access to a minor student in connection with the student’s activities as an intern, to submit to a criminal background check on the same basis as a volunteer under Section 53G-11-402 .

53H-3-1005 - Recognition of participation in internship program.

53H-3-1005(1) be given appropriate recognition by an institution of higher education, including the posting of the employer’s name and a short description of the employer’s business in an appropriate location on the institution’s property; or 53H-3-1005(2) be given publication of that information in official publications of the institution.

Community Colleges

53H-3-1101 - General provisions — Definitions.

53H-3-1102 - Curricula at the community colleges.

53H-3-1102(1) The curricula at the colleges shall include career and technical education, courses of a general nature which can be transferred to other higher education institutions, adult and continuing education, and developmental education. 53H-3-1102(2) The colleges also provide needed community service. 53H-3-1102(3) Career and technical education continues as the highest priority role of the colleges. To ensure continued emphasis of career and technical education, the board shall develop specific funding mechanisms which will maintain the high priority treatment of these programs and address the fact that many vocational programs are more costly than general education or transfer programs.

53H-3-1103 - Qualifications for entrance to community colleges — Preference to veterans.

53H-3-1103(1) A community college shall give enrollment preference to veterans who furnish proof of other than a dishonorable discharge from the armed forces of the United States. 53H-3-1103(2) Admission at a community college is based upon an individual’s interest, ability, and potential for the desired occupational area and payment of the required tuition or fee. 53H-3-1103(3) A community college may not deny admission on the basis of an individual’s previous schooling or training.

Technical Colleges

53H-3-1201 - General provisions — Definitions.

53H-3-1202 - Technical colleges service areas.

The technical colleges described in Subsection 53H-1-102(1)(b) serve the geographic areas encompassing the following school districts: 53H-3-1202(1) for Bridgerland Technical College:the Box Elder School District;the Cache School District;the Logan School District; andthe Rich School District; 53H-3-1202(2) for Ogden-Weber Technical College:the Ogden City School District; andthe Weber School District; 53H-3-1202(3) for Davis Technical College:the Davis School District; andthe Morgan School District; 53H-3-1202(4) for Tooele Technical College, the Tooele County School District; 53H-3-1202(5) for Mountainland Technical College:the Alpine School District and each new school district resulting from the division of Alpine School District;the Nebo School District;the Provo School District;the South Summit School District;the North Summit School District;the Wasatch School District; andthe Park City School District; 53H-3-1202(6) for Uintah Basin Technical College:the Daggett School District;the Duchesne School District; andthe Uintah School District; 53H-3-1202(7) for Southwest Technical College:the Beaver School District;the Garfield School District;the Iron School District; andthe Kane School District; and 53H-3-1202(8) for Dixie Technical College, the Washington School District.

53H-3-1203 - Technical colleges — Duties.

53H-3-1203(1) Each technical college shall, within the geographic area served by the technical college:offer technical education programs;offer a program described in Subsection (1)(a) at:low cost to adult students, as approved by the board; andno tuition to secondary students;develop cooperative agreements with school districts, charter schools, other higher education institutions, businesses, industries, and community and private agencies to maximize the availability of instructional facilities within the geographic area served by the technical college; andafter consulting with school districts and charter schools within the geographic area served by the technical college:ensure that secondary students in the public education system have access to technical education at the technical college; andprepare and submit an annual report to the board detailing:how the technical education needs of secondary students within the region are being met;what access secondary students within the region have to programs offered at the technical college;how the technical college emphasizes high demand, high wage, high skill jobs in business and industry; andstudent tuition and fees. 53H-3-1203(2) A technical college may offer:a competency-based high school diploma approved by the State Board of Education in accordance with Section 53E-3-501;basic instruction in areas such as reading, language arts, and mathematics that are necessary for student success in a chosen technical education or job-related program;courses of interest when similar offerings to the community are limited and courses are financially self-supporting; andsecondary school level courses through the Statewide Online Education Program in accordance with Section 53F-4-504. 53H-3-1203(3) Except as provided in Subsection (2)(d), a technical college may not:offer courses other than technical education or the basic instruction described in Subsections (2)(b) and (c);offer a degree;offer technical education or basic instruction outside the geographic area served by the technical college without a cooperative agreement between an affected institution of higher education, except as provided in Subsection (5);provide tenure or academic rank for a technical college’s instructors; orparticipate in intercollegiate athletics. 53H-3-1203(4) The mission of a technical college is limited to technical education and may not expand to include academic programs that lead to a degree. 53H-3-1203(5) A technical college may offer technical education or basic instruction outside the geographic area served by the technical college without a cooperative agreement, as required in Subsection (3)(c), if:the technical education or basic instruction is specifically requested by:an employer; ora craft, trade, or apprenticeship program;the technical college notifies the affected institution about the request; andthe affected institution is given an opportunity to make a proposal, prior to any contract being finalized or training being initiated by the technical college, to the employer, craft, trade, or apprenticeship program about offering the requested technical education or basic instruction, provided that the proposal shall be presented no later than one business week from the delivery of the notice described under Subsection (5)(a)(ii).The requirements under Subsection (5)(a)(iii) do not apply if there is a prior training relationship.

53H-3-1204 - Utah System of Technical Colleges — Institutional name changes.

53H-3-1204(1) Beginning July 1, 2017:Bridgerland Applied Technology College shall be known as Bridgerland Technical College;Ogden-Weber Applied Technology College shall be known as Ogden-Weber Technical College;Davis Applied Technology College shall be known as Davis Technical College;Tooele Applied Technology College shall be known as Tooele Technical College;Mountainland Applied Technology College shall be known as Mountainland Technical College;Uintah Basin Applied Technology College shall be known as Uintah Basin Technical College;Southwest Applied Technology College shall be known as Southwest Technical College; andDixie Applied Technology College shall be known as Dixie Technical College. 53H-3-1204(2) As described in Subsection (1), each technical college is a continuation of the applied technology college that preceded the technical college.An institution described in Subsection (1):possess all rights, title, privileges, powers, immunities, franchises, endowments, property, and claims of the institution that preceded the institution; andshall fulfill and perform all obligations of the institution that preceded the institution, including obligations relating to outstanding bonds and notes.

Other Requirements and Restrictions

53H-3-1301 - General provisions — Definitions.

53H-3-1302 - Vaccination requirements — Exemptions — Face covering requirements.

53H-3-1302(1) An institution of higher education and the board described in Section 53H-1-102 may not require proof of vaccination as a condition for enrollment or attendance unless the institution allows for the following exemptions:a medical exemption if the student provides to the institution a statement that the claimed exemption is for a medical reason; anda personal exemption if the student provides to the institution a statement that the claimed exemption is for a personal or religious belief. 53H-3-1302(2) An institution that offers both remote and in-person learning options may not deny a student who is exempt from a requirement to receive a vaccine under Subsection (1) to participate in an in-person learning option based upon the student’s vaccination status. 53H-3-1302(3) For purposes of this Subsection (3), “face covering” means the same as that term is defined in Section 53G-9-210.An institution of higher education and the board described in Section 53H-1-102 may not require an individual to wear a face covering to attend or participate in in-person instruction, institution-sponsored athletics, institution-sponsored extracurricular activities, in dormitories, or in any other place on a campus of an institution within the system of higher education at any time after the end of the spring semester in 2021. 53H-3-1302(4) Subsections (1), (2), and (3) do not apply to a student studying in a medical setting at an institution of higher education if the institution of higher education provides the student the same rights under Title VII of the Civil Rights Act to seek an exemption from a vaccination mandate or face covering mandate as the institution of higher education provides to a health care professional employed by the institution of higher education. 53H-3-1302(5) Nothing in this section restricts a state or local health department from acting under applicable law to contain the spread of an infectious disease.

53H-3-1303 - Restrictions on higher education entities bidding on architect or engineering services in public procurement projects.

53H-3-1303(1) As used in this section:“Architect-engineer services” means those professional services within the scope of the practice of architecture as defined in Section 58-3a-102, or professional engineering as defined in Section 58-22-102.”Government entity” means a state agency, an institution of higher education, a county, a municipality, a local school district, a special district, or a special service district. 53H-3-1303(2) When a government entity elects to obtain architect or engineering services by using a competitive procurement process and has provided public notice of the government entity’s competitive procurement process:a higher education entity, or any part of one, may not submit a proposal in response to the government entity’s competitive procurement process; andthe government entity may not award a contract to perform the architect or engineering services solicited in the competitive procurement process to a higher education entity or any part of one. 53H-3-1303(3) Subject to the prohibition contained in Subsection (3)(b), an employee of a higher education entity may, in a private capacity, submit a proposal in response to the competitive procurement process.An employee of a higher education entity may not use any supplies, materials, or other resources owned by, or any persons matriculating at, attending, or employed by, the higher education entity in:preparing a response to the competitive procurement process; orcompleting any work, assignment, or contract awarded to the employee resulting from that competitive procurement process.