Current through Register Vol. XLI, No. 50, December 13, 2024
Section 133-5-2 - State Universities2.1. The selection of campus presidents is one of the most important duties of institutional governing boards. The procedures outlined in this rule are intended to assist the governing boards of the State's public institutions of higher education in fulfilling this duty. Considering the great diversity in size, scope, and mission of the State's universities, the specific search process at an individual university will be tailored by that university to meet its specific institutional needs; Provided, That the university's search process must conform with the authorizing statute and this rule.2.2. Upon the occurrence of a vacancy in the position of president at one of the State's universities that is not administratively or statutorily exempt herefrom, the governing board of the institution shall undertake a search for a new president. The governing board is responsible for the search, both procedurally and financially. The governing board shall adopt a procedure, consistent with this rule, governing the search. The search procedure adopted by the governing board shall be submitted to the Chancellor for review and comment prior to being implemented. The procedure shall include, but not be limited to, the following: 2.2.1. A mechanism to receive input from faculty, staff, and student representatives, as well as alumni representatives and community leaders as to the characteristics and qualities they seek in the president.2.2.2. If the governing board appoints a search committee other than itself, the appointed search committee shall include representation of faculty, students, staff, and other constituencies of the institution. The number and constituency of the membership of the appointed search committee is at the discretion of the governing board.2.2.3. The governing board shall prepare or cause to be prepared a position announcement detailing the characteristics and qualities sought in a new president and post it on the institution's primary website, distribute it to newspapers and other media sources, heads of higher education associations and organizations, and other appropriate individuals, groups, or organizations for the purpose of advertising the position.2.2.4. The governing board shall determine the finalists from the candidate pool and conduct on-campus visits with them at which students, classified employees, non-classified employees, faculty, campus administrators, community leaders, alumni, and other individuals shall be invited to meet with the candidates. The constituent groups shall submit their comments to the governing board, and the governing board shall consider those comments in its evaluation of the finalists.2.2.5. The governing board may conduct background checks on each candidate prior to the candidate's interview with the search committee or governing board. The governing board should conduct background checks on finalists prior to any campus visit made at the invitation of the search committee or governing board and shall conduct background checks prior to any final selection by the search committee or the governing board. The governing board or appointed search committee may conduct on-site visits to the candidates' current and past places of employment. The governing board shall use standard industry practices in conducting background checks and, at a minimum, shall include confirmation of degrees and past employment and criminal and credit checks.2.3. Candidates may be considered through their own application or by nomination.2.4. Confidentiality. 2.4.1. Members of the governing board or its appointed search committee may not provide information about the names or backgrounds of any candidates without their consent to anyone who is not a member of the governing board, its appointed search committee, or authorized agents or staff of the governing board or its appointed search committee. At the first meeting of the governing board sitting as a search committee or its appointed search committee, the committee shall discuss the importance of confidentiality. All members of the committee shall agree to preserve the confidentiality of the search and the names of all candidates. The chair of the board of governors may dismiss any search committee member if there is evidence that a member of the search committee has breached the committee's confidentiality. The decision of whether or not to dismiss a search committee member, as well as whether or not to replace the dismissed member, shall be at the sole discretion of the chair of the governing board; Provided, That if the search committee member proposed for dismissal is a representative of the faculty, staff, or students of the institution, the chair shall replace the member after consultation with the chair or other appropriate representative of the constituent group as to how the individual will be replaced.2.4.2. When candidates are invited to a preliminary interview with the search committee, the chair of the search committee shall notify them of the conditions under which the candidates may waive confidentiality as to background checks and that, in the event that they are invited for a campus interview, the search committee shall release, or cause to be released, to the public their names and backgrounds at the time they accept an invitation for a formal campus visit.2.5. At the request of an institution, the Commission may provide the governing board with staff assistance to manage the search process, or the governing board may enter into a contract with a consultant or executive search firm to identify potential candidates in addition to those who have applied or been nominated or to assist in the search.2.6. The Chancellor or his or her designee shall serve as an ex officio, non-voting member on all search committees or bodies serving in that capacity during the search process. The Commission reserves the right to conduct independent interviews of one or more finalists and provide its opinion of the interviewees to the search committee for consideration. Prior to exercising that option, it shall give sufficient notice to the governing board so that any interviews will occur sufficiently close to the final decision of the governing board.2.7. Terms of compensation and contracts discussed with or offered to candidates shall be consistent with the sections of this rule regarding presidential compensation and contracts.