R765-135-6. President's Responsibility for Legal Services

The president of a USHE degree-granting institution: (1) Has the authority to define the scope and authority of legal counsel consistent with this rule; (2) Except as otherwise outlined under Utah law and Utah Board of Higher Education (Board) policy and subject to oversight by the Board and the institution's Board of Trustees, is the final decisionmaker on issues impacting the institution; (3) When seeking legal advice, shall work to ensure legal counsel has full context so legal counsel can provide the best legal advice; (4) May consult legal counsel for strategic advice; (5) May not defer institutional representation in legislative meetings to legal counsel; (6) Shall seek advice, rather than approval, from legal counsel; (7) Shall act as the final decisionmaker on matters impacting the institution and may not defer final decision-making authority or responsibility outside of the scope of legal counsel's authority to legal counsel; (8) May assign legal counsel to oversee legal and regulatory functions, including compliance, contracts, policy, records management, and risk management, but may not do so in a manner that relinquishes the president's role as decisionmaker on issues impacting the institution; (9) May assign legal counsel to act as Board Secretary for the institution's Board of Trustees in accordance with guidance issued by the Utah Board of Higher Education; (10) Except for matters in which legal counsel has been conflicted off, shall seek advice from legal counsel before engaging on institutional matters with an attorney not employed by the institution; and (11) May not appoint, contract, hire, or retain an outside attorney to prosecute or defend litigation without the written consent of the Attorney General or the Attorney General's designee.