Chapter 2
Institutions of Higher Education

53B-2-101 Institutions of higher education -- Corporate bodies -- Powers.
(1) The following institutions of higher education are bodies politic and corporate with perpetual succession and with all rights, immunities, and franchises necessary to function as such:
(a) the University of Utah;
(b) Utah State University;
(c) Weber State University;
(d) Southern Utah University;
(e) Snow College;
(f) Utah Tech University;
(g) Utah Valley University;
(h) Salt Lake Community College;
(i) Bridgerland Technical College;
(j) Davis Technical College;
(k) Dixie Technical College;
(l) Mountainland Technical College;
(m) Ogden-Weber Technical College;
(n) Southwest Technical College;
(o) Tooele Technical College; and
(p) Uintah Basin Technical College.
(2)
(a) An institution of higher education 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.
(b) An institution of higher education 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.
(c)
(i) An institution of higher education 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).
(ii) 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.

Amended by Chapter 1, 2021 Special Session 2

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

Amended by Chapter 254, 2023 General Session

53B-2-103 Degree-granting institution board of trustees -- Powers and duties.
(1) A degree-granting institution has a board of trustees that may act on behalf of the institution in performing duties, responsibilities, and functions as may be specifically authorized to the board of trustees by the board or by statute.
(2) A board of trustees of a degree-granting institution has the following powers and duties:
(a) to facilitate communication between the institution and the community;
(b) to assist in planning, implementing, and executing fund raising and development projects aimed at supplementing institutional appropriations;
(c) to perpetuate and strengthen alumni and community identification with the degree-granting institution’s tradition and goals;
(d) to select recipients of honorary degrees; and
(e) to approve changes to the degree-granting institution’s programs, in accordance with Section 53B-16-102.
(3) A board of trustees of a degree-granting institution shall:
(a) approve a strategic plan for the institution of higher education that is aligned with:
(i) state attainment goals;
(ii) workforce needs;
(iii) board goals and metrics described in Section 53B-1-402; and
(iv) the institution of higher education’s role, mission, and distinctiveness; and
(b) monitor the institution of higher education’s progress toward achieving the strategic plan.

Amended by Chapter 187, 2021 General Session

53B-2-104 Degree-granting institution board of trustees -- Membership --  Terms -- Vacancies -- Oath -- Officers -- Bylaws -- Quorum -- Committees -- Compensation.
(1)As used in this section, “board of trustees” means the board of trustees for a degree-granting institution.
(2)
(a)The board of trustees of a degree-granting institution consists of the following:
(i)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; and
(ii)two ex officio members who are the president of the institution’s alumni association, and the president of the associated students of the institution.
(b)In making the appointments described in Subsections (2)(a)(i) and (2)(c)(i), the governor:
(i)shall ensure that the membership of a board of trustees includes representation of interests of business, industry, and labor; and
(ii)may not appoint an individual to more than two consecutive full terms.
(c)
(i)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.
(ii)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.
(3)
(a)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.
(b)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.
(c)The ex officio members serve for the same period as they serve as presidents and until their successors have qualified.
(d)
(i)The governor may remove a member appointed under Subsection (2)(a)(i) or (2)(c)(i) for cause.
(ii)The governor shall consult with the president of the Senate before removing a member in accordance with Subsection (3)(d)(i).
(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.
(5)
(a)Each member of a board of trustees shall take the official oath of office prior to assuming the office.
(b)The oath shall be filed with the Division of Archives and Records Services.
(6)A board of trustees shall elect a chair and vice chair, who serve for two years and until their successors are elected and qualified.
(7)
(a)A board of trustees may enact bylaws for the board of trustees’ own government, including provisions for regular meetings.
(b)
(i)A board of trustees may provide for an executive committee in the board of trustees’ bylaws.
(ii)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.
(iii)An executive committee may act on nonroutine matters only under extraordinary and emergency circumstances.
(iv)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.
(c)Copies of a board of trustees’ bylaws shall be filed with the board.
(8)A quorum is required to conduct business and consists of six members.
(9)A board of trustees may establish advisory committees.
(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:
(a)Section 63A-3-106;
(b)Section 63A-3-107; and
(c)rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(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.

Amended by Chapter 529, 2024 General Session

53B-2-106 Duties and responsibilities of the president of an institution of higher education -- Approval by board of trustees.
(1)As used in this section:
(a)”Institution” means:
(i)a degree-granting institution; or
(ii)a technical college.
(b)”President” means the president of an institution.
(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.
(3)A president may:
(a)appoint or employ administrative officers, deans, faculty members, professional personnel, and support personnel;
(b)prescribe duties for a position described in Subsection (3)(a); and
(c)determine the salary for an employed position described in Subsection (3)(a), in accordance with the institution’s human resources policies.
(4)
(a)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:
(i)policies governing personnel;
(ii)furloughs;
(iii)reductions in force;
(iv)program reductions or discontinuance;
(v)early retirement incentives that provide cost savings to the institution; or
(vi)other measures that provide cost savings, facilitate efficiencies, or otherwise enable the institution to meet the institution’s mission and role.
(5)A president shall:
(a)control and manage the budget and finances of the institution, including by, as determined by the president:
(i)establishing the institution’s budget; and
(ii)establishing or adjusting administrative or academic unit budgets; and
(b)subject to Section 53B-7-101, establish:
(i)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 53B-1-402; and
(ii)fees and other charges for the institution; and
(c)establish 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;
(6)Subject to the approval of the institution’s board of trustees, a president:
(a)shall establish a budgetary policy, such as policy regarding benefits and endowment investments;
(b)subject to Section 53B-2-106.1, shall provide for the constitution, government, and organization of the faculty and administration, including:
(i)enacting and implementing rules;
(ii)ensuring that the faculty may only have jurisdiction over:
(A)academic requirements for admission, degrees, and certificates; and
(B)course curriculum and instruction;
(iii)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:
(A)the Legislature;
(B)the board;
(C) institution’s board of trustees; or
(D)the institution’s president; and
(iv)if the institution is a degree-granting institution, the establishment of a prescribed system of tenure; and
(c)may authorize the faculty to determine the general initiation and direction of instruction and of the examination, admission, and classification of students.
(7)A president may establish policies for the administration and operation of the institution that:
(a)are consistent with the institution’s role that the board establishes, rules which the board enacts, and the laws of the state; and
(b)may provide for:
(i)administrative, faculty, student, and joint committees with jurisdiction over specified institutional matters;
(ii)student government and student affairs organizations;
(iii)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; and
(iv)the holding of classes on legal holidays, other than Sunday.
(8)A president shall manage the president’s institution as a part of the Utah System of Higher Education.
(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.
(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.
(11)
(a)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.
(b)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.

Repealed and Re-enacted by Chapter 378, 2024 General Session

53B-2-106.1 Tenure -- Reporting.
(1)A president of a degree-granting institution, in consultation with the degree-granting institution’s board of trustees, shall make policies:
(a)related to tenure and post-tenure review; and
(b)ensuring that the terms and conditions of tenured employment are stated in writing and provided to a faculty member.
(2)Tenure and post-tenure policies shall:
(a)protect academic freedom in teaching, research, and in an individual’s personal life;
(b)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; and
(c)comply with this section.
(3)Beginning July 1, 2024, a tenured faculty member may be dismissed from employment at a degree-granting institution:
(a)for cause, including:
(i)professional incompetence;
(ii)serious misconduct or unethical behavior;
(iii)legal misconduct substantially related to the performance of duties;
(iv)serious violations of board or institution rules;
(v)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;
(vi)falsified credentials or plagiarism; or
(vii)inability or unwillingness to meet institutional expectations, including failure to address deficiencies outlined in a remediation plan following post-tenure review;
(b)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; and
(c)in the event of financial exigency of the degree-granting institution.
(4)Policies governing dismissal of a tenured faculty member for cause shall include, at a minimum:
(a)notice to the tenured faculty member of the alleged cause, including any evidence supporting the allegation;
(b)providing reasonable time and opportunity for the tenured faculty member to respond;
(c)a hearing before an independent board of tenured faculty peers;
(d)a written determination on the issue, including a determination of termination or continued employment; and
(e)an 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.
(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.
(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.
(7)Beginning July 1, 2024, a degree-granting institution shall conduct, and a tenured faculty member shall receive:
(a)an annual performance review of the tenured faculty member’s performance; and
(b)a post-tenure review, as described in Subsection (9).
(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.
(9)A post-tenure review shall:
(a)be conducted by a committee of:
(i)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; and
(ii)the provost or the provost’s designee; and
(b)consist of a comprehensive review of the tenured faculty member’s performance over the previous five years, including:
(i)teaching assessment, including student evaluations, for all courses taught;
(ii)the quality of the tenured faculty member’s scholarly research;
(iii)service to the profession, school, or community;
(iv)annual performance reviews;
(v)intellectual property owned wholly or partly by, or commercialization efforts attributed to, the tenured faculty member;
(vi)the tenured faculty member’s compliance with the degree-granting institution’s policies regarding the responsibilities and ethical obligations of faculty members; and
(vii)any improvement plans for underperformance.
(10)
(a)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.
(b)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).
(c)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.
(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:
(a)the number of post-tenure reviews that took place at the degree-granting institution in the previous year;
(b)an analysis of scores from post-tenure reviews that took place in the previous year with personal information redacted;
(c)the number of post-tenure reviews from the previous year that resulted in a remediation plan;
(d)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; and
(e)a summary of written justifications described in Subsection (10)(c), if any, with personal information redacted.

Enacted by Chapter 78, 2024 General Session

53B-2-109 Notice to local government when constructing student housing.
(1) Each institution that intends to construct student housing on property owned by the institution shall provide written notice of the intended construction, as provided in Subsection (2), before any funds are committed to the construction, if any of the proposed student housing buildings is within 300 feet of privately owned residential property.
(2) Each notice under Subsection (1) shall be provided to the legislative body and, if applicable, the mayor of:
(a) the county in whose unincorporated area the privately owned residential property is located; or
(b) the municipality in whose boundaries the privately owned residential property is located.
(3)
(a)
(i) Within 21 days after receiving the notice required by Subsection (1), a county or municipality entitled to the notice may submit a written request to the institution for a public hearing on the proposed student housing construction.
(ii) Each county or municipality that submits a written request for a hearing under Subsection (3)(a) shall deliver a copy of the request to the Division of Facilities Construction and Management.
(b) If a county or municipality requests a hearing under Subsection (3)(a), the legislative body of the affected county or municipality and the institution shall jointly hold a public hearing to provide information to the public and to allow the institution and the county or municipality to receive input from the public about the proposed student housing construction.
(c) A public hearing held under Subsection (3)(a) satisfies the public hearing requirement of Subsection 63A-5b-1104(2) for the same proposed student housing construction.

Amended by Chapter 152, 2020 General Session

53B-2-110 Utah Valley University -- Institutional name change.
(1) Beginning July 1, 2008, Utah Valley State College shall be known as Utah Valley University.
(2) The university is a continuation of Utah Valley State College and shall:
(a) possess all rights, title, privileges, powers, immunities, franchises, endowments, property, and claims of the college; and
(b) fulfill and perform all obligations of the college, including obligations relating to outstanding bonds and notes.

Enacted by Chapter 356, 2007 General Session

53B-2-111 Utah Tech University -- Institutional name change.
(1) As used in this section:
(a) “Board of trustees” means the board of trustees of Utah Tech University.
(b) “Institution” means Utah Tech University.
(2)
(a) Dixie State University shall be known as Utah Tech University.
(b) Utah Tech University is a continuation of Dixie State College of Utah and Dixie State University and shall:
(i) possess all rights, titles, privileges, powers, immunities, franchises, endowments, property, and claims of Dixie State University and Dixie State College of Utah; and
(ii) fulfill and perform all obligations of Dixie State University and Dixie State College of Utah, including obligations relating to outstanding bonds and notes.
(3) The board of trustees in consultation with the Utah Board of Higher Education shall:
(a) create a committee to recommend a name for the institution; and
(b) ensure that the committee:
(i) represents students, university personnel, community members, and industry leaders in the committee’s membership;
(ii) provides opportunity for input from and collaboration with the public, including:
(A) residents of southwestern Utah;
(B) institutional partners; and
(C) university faculty, staff, students, and alumni;
(iii) reviews options for the institution’s name; and
(iv) makes recommendations regarding the institution’s name to the board of trustees.
(4)
(a) The board of trustees shall:
(i) review the committee’s recommendation described in Subsection (3)(b); and
(ii) choose whether to forward a name for the institution to the Utah Board of Higher Education.
(b) Should the board of trustees choose to forward a name for the institution to the Utah Board of Higher Education under Subsection (4)(a), the board of trustees shall ensure that the name:
(i) reflects the institution’s mission and significance to the surrounding region and state; and
(ii) enables the institution to compete and be recognized nationally.
(c) Should the board of trustees recommend a name for the institution under Subsection (4)(a), the Utah Board of Higher Education shall vote on whether to approve and recommend the name to the Legislature.
(5) Should the Utah Board of Higher Education and the board of trustees recommend a name for the institution to the Legislature through the process described in Subsections (3) and (4), the Utah Board of Higher Education and the board of trustees shall recommend the name for the institution to the Legislative Management Committee no later than November 1, 2021.
(6)
(a) Except as provided in Subsection (6)(b), the board of trustees shall designate the institution’s main campus as the “Dixie Campus” for a period of no less than 20 years.
(b) After July 1, 2042, if the board of trustees seeks to alter the designation described in Subsection (6)(a), the board of trustees shall first obtain the approval of the Utah Board of Higher Education.

Amended by Chapter 1, 2021 Special Session 2

53B-2-112 Formation of non-profit corporations or foundations.
(1) An institution of higher education described in Section 53B-2-101 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 53B-16-101, in meeting the institution of higher education’s charitable, scientific, literary, research, educational, or other objectives.
(2) The board and the president of the institution of higher education control a nonprofit corporation or foundation described in Subsection (1).
(3) A nonprofit corporation or foundation described in Subsection (1) may receive and administer:
(a) legislative appropriations;
(b) government grants;
(c) private contracts; or
(d) private gifts.

Enacted by Chapter 187, 2021 General Session

53B-2-113 Vaccination requirements -- Exemptions -- Face covering requirements.
(1)An institution of higher education described in Section 53B-2-101 may not require proof of vaccination as a condition for enrollment or attendance unless the institution allows for the following exemptions:
(a)a medical exemption if the student provides to the institution a statement that the claimed exemption is for a medical reason; and
(b)a personal exemption if the student provides to the institution a statement that the claimed exemption is for a personal or religious belief.
(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.
(3)
(a)For purposes of this Subsection (3), “face covering” means the same as that term is defined in Section 53G-9-210.
(b)An institution of higher education described in Section 53B-2-101 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.
(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.
(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.

Amended by Chapter 283, 2024 General Session

53B-2-114 Degree-granting institution attorneys -- Appointment -- Duties.
(1)Recognizing the status of institutions within the Utah System of Higher Education as bodies politic and corporate, the president of a degree-granting institution may appoint attorneys to:
(a)provide legal advice to the degree-granting institution’s administration; and
(b)coordinate legal affairs within the degree-granting institution.
(2)An institution shall fund compensation costs and related office expenses for an attorney described in Subsection (1) within existing budgets.
(3)The board shall coordinate the activities of attorneys described in Subsection (1).
(4)An attorney described in Subsection (1):
(a)may not:
(i)conduct litigation;
(ii)settle a claim covered by the State Risk Management Fund; or
(iii)issue a formal legal opinion; and
(b)shall cooperate with the Office of the Attorney General in providing legal representation to a degree-granting institution.

Enacted by Chapter 378, 2024 General Session

53B-2-115 Institution of higher education required to provide leave to a legislator on an authorized legislative day.
(1)As used in this section:
(a)”Authorized legislative day” means:
(i)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;
(ii)a special session day;
(iii)a veto override session day;
(iv)an interim day designated by the Legislative Management Committee;
(v)an authorized legislative training day; or
(vi)any other day on which a meeting of a committee, subcommittee, commission, task force, or other entity is held, if:
(A)the committee, subcommittee, commission, task force, or other entity is created by statute or joint resolution;
(B)the legislator’s attendance at the meeting is approved by the Legislative Management Committee; and
(C)service 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.
(b)”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:
(i)chair training;
(ii)an issue briefing;
(iii)legislative leadership instruction;
(iv)legislative process training;
(v)legislative rules training;
(vi)new legislator orientation; or
(vii)another meeting to brief, instruct, orient, or train a legislator in relation to the legislator’s official duties.
(c)”Legislator” means:
(i)a member of the Utah Senate;
(ii)a member of the Utah House of Representatives; or
(iii)an 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.
(d)”Retaliatory action” means to:
(i)dismiss the employee;
(ii)reduce the employee’s compensation;
(iii)fail to increase the employee’s compensation by an amount that the employee is otherwise entitled to or was promised;
(iv)fail to promote the employee if the employee would have otherwise been promoted; or
(v)threaten to take an action described in Subsections (1)(d)(i) through (iv).
(2)Except as provided in Subsection (4), an institution of higher education that employs an individual who is a legislator:
(a)shall grant leave to the individual on an authorized legislative day for the number of hours requested by the individual;
(b)may not interfere with, or otherwise restrain the individual from, using the leave described in Subsection (2)(a); and
(c)may not take retaliatory action against the individual for using the leave described in Subsection (2)(a).
(3)The leave described in Subsection (2) is leave without pay unless the institution of higher education and the individual described in Subsection (2) agree to terms that are more favorable to the individual.
(4)An institution of higher education 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.

Enacted by Chapter 402, 2024 General Session