H.B. 485

This document includes House Committee Amendments incorporated into the bill on Fri, Mar 4, 2011 at 3:13 PM by lerror. --> 1

HIGHER EDUCATION TENURE
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Christopher N. Herrod
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 53B, Chapter 2, Institutions of Higher Education, by ending
10 academic tenure at public universities in Utah.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . prohibits an institution of higher education from offering an individual a
15 tenure-track position on or after July 1, 2011; and
16 . prohibits an institution of higher education from offering academic tenure to an
17 individual who is not already in a tenure-track position on July 1, 2011.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill takes effect on July 1, 2011.
22 Utah Code Sections Affected:
23 ENACTS:
24 53B-2-106.5, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53B-2-106.5 is enacted to read:

28 53B-2-106.5. Academic tenure in higher education.
29 (1) As used in this section:
30 (a) "Academic tenure" means a teaching or research position at an institution of higher
31 education that is permanent until retirement and can only be revoked for cause after due
32 process.
33 (b) "Institution of higher education" means:
34 (i) the University of Utah;
35 (ii) Utah State University;
36 (iii) Weber State University;
37 (iv) Southern Utah University;
38 (v) Snow College;
39 (vi) Dixie State College of Utah;
40 (vii) Utah Valley University; H. or .H
41 (viii) Salt Lake Community College H. [ ; and ] .
42 [ (ix) the Utah College of Applied Technology. ]
42a (c) "Research institution" means:
42b (i) the University of Utah; or
42c (ii) Utah State University.
43 [ (c) ] (d) .H "Tenure-track position" means a teaching or research position
43a at an institution of
44 higher education that is intended to lead to academic tenure.
45 (2) An institution of higher education:
46 (a) may not offer a professor, researcher, or other instructor a tenure-track position;
47 (b) may offer a professor, researcher, or other instructor an academic-tenure position if
48 the individual began employment in a tenure-track position before July 1, 2011; and
49 (c) may not offer academic tenure to an individual who was not in a tenure-track
50 position at the institution before July 1, 2011.
51 (3) The provisions of this section do not affect:
52 (a) the rights of an individual who already has academic tenure; or
53 (b) the rights of an individual who accepts a tenure-track position before July 1, 2011.
53a H. (4) This section does not prohibit a research institution from:
53b (a) offering a teaching or research contract to an individual if the contract term does
53c not exceed ten years; or
53d (b) renewing a teaching or research contract, if the contract renewal term does
53e not exceed ten years. .H
54 Section 2. Effective date.
55 This bill takes effect on July 1, 2011.

Legislative Review Note
as of 2-9-11 12:54 PM

Office of Legislative Research and General Counsel