POLICY #0.0
SUBJECT: Policy Development Authority (Policy on Policies)

I. PURPOSE

The purpose of this Policy is to define the procedure through which University policy may be created, amended, or repealed, ensuring broad input from University employees. References to proposed new policies shall apply equally to proposed amendments or repeals, unless otherwise specified.

II. REFERENCES

Southern Utah University Policy 6.10 Faculty Senate Constitution
Southern Utah University Policy 11.1 Constitution of Southern Utah Student Association
Southern Utah University Policy 13.9 Deans’ Council
Southern Utah University Policy 13.12 Faculty Senate
Southern Utah University Policy 13.14 President’s Council
Southern Utah University Policy 13.18 Staff Association Constitution
Utah Code § 53H-3-303 Duties and responsibilities of the president of a degree-granting institution of higher education -- Approval by board of trustees
Utah Code § 53H-7-3 Student Civil Liberties Protection Act
Utah System of Higher Education Policy R220 Delegation of Responsibilities to the President and Board of Trustees

III. DEFINITIONS

Academic Policy: Any policy governing academic requirements for admission, degrees and certificates, and course curriculum and instruction.
Non-Substantive Amendment: Revisions to an existing policy that do not alter the intent, scope, meaning, or application of the policy. Non-Substantive amendments serve to correct typographical, grammatical, formatting, or language inconsistencies, as well as to correct reference information.
President's Cabinet: Body convened by the University President of designated University leaders at the Vice President level and equivalent leaders.
President's Leadership Council: Body convened by the University President that includes the President and the University's top administrators and representatives.
Proposal: Compilation of written documents for the creation, amendment, or repeal of a University policy. A policy Proposal must contain the policy in its entirety and the changes proposed should be clear. A Proposal may include drafts of new and revised policies, a statement regarding deletions of existing policies, and supporting documents. A Proposal is not necessary for a Non-Substantive Amendment.
Responsible Office: The University department, division, office, or unit responsible for development, advancement, implementation, review, and administration of a specific University policy as overseen by the supervisory Cabinet-level administrator.
Shared Governance Entity: The University’s recognized Shared Governance Entities include the Staff Association, Faculty Senate, and Student Association. These entities are governed by their respective bylaws and constitutions, and provide input and feedback on matters related to the operations and needs of the institution. Shared Governance Entities serve an advisory and representative role for their respective constituencies and do not possess delegated authority to act or make decisions on behalf of the University. See SUU policies 11.1, 13.18, 6.10.
Standing Policy Committee (SPC): A standing committee that provides feedback to the Responsible Office during the policy drafting phase. The SPC provides input on proposed policy actions and drafts on issues such as clarity, legal compliance, constituency and stakeholder perspectives, alignment with other policies and procedures, and like questions. This body may also serve in an advisory capacity for units establishing or reviewing policy guidelines. The SPC is composed of representatives designated by their supervising Cabinet-level administrators, ex officio positions from the Faculty Senate, Staff Association, and Student Association, and is chaired by the President’s designee from the Office of Legal Affairs.

IV. POLICY

Authority and Scope
1. Pursuant to Utah Code Section 53H-3-303 and USHE Policy R220, the University President is vested with the institutional authority to develop and implement policy. All procedures for policy development, review, and consultation described herein are established by and subordinate to the President’s authority. The purpose of these procedures is to provide an orderly and efficient method through which campus members and entities may provide input to the President before rendering a final decision.
2. University policies are, unless expressly stated to the contrary, binding on University employees, students, and persons visiting or using University facilities, resources, or services.
Regulatory Hierarchy and Policy Interpretation
1. All University policies and procedures are subordinate to Federal and State laws and Utah Board of Higher Education policies. The order of regulatory precedence is as follows:
  1. Federal and State Statutes, Regulations, and Court Rulings
  2. Utah System of Higher Education policies and guidance
  3. University policies
  4. Division/College/School guidelines, practices, and standard operating procedures
  5. Department, program, and office guidelines, practices, and standard operating procedures
2. In the event of a conflict or contradiction between policies, the provisions of the more recently updated policy may supersede those in earlier policies, as determined by the Responsible Office(s). The Responsible Office(s) shall update inconsistent University-level policies through the process outlined in IV.D.
3. Guidelines, practices, standard operating procedures, forms, checklists, protocols, criteria, deadlines, or any other means of implementing or complying with a University policy are applicable only to the specific unit or specific function within the unit without broad application to the University. These supplemental regulations may be more restrictive than University policy but may not be less restrictive.
4. In cases requiring interpretation of a policy or its application to specific circumstances, the Cabinet-level administrator (or equivalent) overseeing the Responsible Office has the authority to make such determinations.
5. If a policy does not include an express provision about an exception to a policy, then any exception requires written approval by the applicable Cabinet-level administrator or designee(s), or the University President.
Initiating and Drafting a Policy Proposal
1. Initiating a Policy Proposal: Any University employee, entity, or student may make recommendations regarding University Policy. The party seeking to make a recommendation should contact the Responsible Office over the relevant policy or relevant subject matter area to make the recommendation. The Responsible Office shall consult with the applicable Cabinet-level administrator about the recommendation. The Cabinet-level administrator may assign certain employees to draft the policy or revisions, or take what other steps are necessary to update and revise policies as needed. Academic Policy Proposals should be initiated and drafted by the Provost’s office or the Faculty Senate Academic Affairs Committee.
2. Stakeholder Input During Drafting: The Responsible Office shall provide the draft to the SPC for consultation and feedback. The Responsible Office may identify and engage relevant stakeholders in addition to the SPC to provide input during the drafting process. Proposals for Academic policies should additionally be sent to the Faculty Senate, the Dean’s Council, and the Provost’s office for their respective advisory recommendations.
  1. Each institutional Shared Governance Entity has a representative on the SPC. It is the responsibility of that individual to represent the positions of the respective group to the best of their ability. The representative is expected to share the draft or relevant information with appropriate individuals in the group whom they represent, as determined necessary by the individual, to garner feedback and input. If a policy draft addresses an issue within the scope and responsibility of a Shared Governance Entity, as defined in that entity’s bylaws and constitution, the SPC representative may request a 14-day period to allow more time for discussion and gathering feedback from that Shared Governance Entity. Only one 14-day extension may be granted. The SPC chair, with input from the committee as a whole, will determine whether to approve the request.
Review Procedure
1. The Cabinet-level administrator with responsibility for the proposed policy presents it to the President's Cabinet for an initial review.
  1. Cabinet members may revise the proposed policy change,, send it back to the individual or group who proposed the policy identifying issues to address, submit a revised policy for 14-day Review, and/or take such other action as deemed necessary by the Cabinet-level administrator with responsibility.
2. The responsible Cabinet-level administrator shall coordinate with the SPC chair for the campus-wide distribution of the proposed policies to University employees, providing for a period of general review and comment of 14 calendar days. During the 14-day review, the University campus community is invited to participate in the policy development process by providing feedback on the Proposal(s). The appropriate Cabinet-level administrator or designee shall respond to the feedback and may further revise the policy as necessary.
3. The President's Leadership Council shall consider the policy Proposal and give input, as needed. Any unresolved concerns from University entities may be voiced by the appropriate representative during the President’s Leadership Council, and the Cabinet-level administrator shall determine whether any issues need to be addressed.
4. After considering input generated during this review period, and in accordance with Utah State Code and USHE policy, the President may seek consultation from the institution’s Board of Trustees regarding the proposed policy or recommend the policy Proposal to the Board of Trustees for approval.
5. If the policy is forwarded to the Board of Trustees for final consideration, the Board of Trustees decides whether to approve or disapprove the policy Proposal.
6. In addition to the above outlined procedure, if policies directly affect student civil liberties, such policies must be made a rule in accordance with the Student Civil Liberties Protection Act (Utah Code § 53H-7 et seq.), which may include certain notice and other requirements.
Non-Substantive Amendments to Approved Policies
1. In the event Non-Substantive Amendments to any existing policy are needed or proposed, the Cabinet-level administrator over the unit designated as the Responsible Office in the applicable policy may authorize, and oversee the adoption of, such amendments. No formal steps are needed for this procedure because these amendments do not change the substance of the existing policy. If a policy change has non-substantive implications necessitating Non-Substantive Amendment of other policies, those changes may be made without a review process or additional notice as described herein. The date of a non-substantive amendment should not be listed in section VII. Policy Adoption and Amended Dates.
Exigency Exception to Procedure/Temporary Policies
1. In the event the procedure set forth in this Policy would delay implementation of a new policy, or amendment to a current policy, beyond what is necessary under the exigencies understood to be present at the time, the President, in consultation with the University General Counsel and the Cabinet-level administrator over the relevant Responsible Office, is authorized to immediately implement a new policy, or amendment to an existing policy. Possible reasons for the immediate implementation of a policy include but are not limited to avoiding compliance risks due to changes to federal or state law, regulations, or policy through legislative, agency, or judicial action, or when the risks of delaying the adoption of a proposed policy outweigh the benefits of gathering feedback from the campus prior to implementation.
2. Policies approved through the exigency exception to procedure do not require the usual policy review process described in section IV.D.; However, the President’s Cabinet, the Faculty Senate President, the Staff Association President, and the Student Association President should have five (5) calendar days to review the proposed change and provide feedback, unless not practicable for legal reasons.
3. The policy shall be clearly marked as "temporary" and notice of the provisional policy or amendment to an existing policy shall be sent to the President's Leadership Council, Deans' Council, Faculty Senate, Staff Association, Student Association, and Board of Trustees.
4. A temporary policy that would normally require Board of Trustees review or approval shall be presented at the next Board of Trustees meeting following temporary implementation.
5. A temporary policy may remain in effect for a full calendar year (365 days) or less. During the effective term of the temporary policy, the review procedure set forth in Section IV.D. shall be followed as a condition to final implementation of the same. Temporary policies (including revisions and suspensions) will expire at the conclusion of the 365-day period or on the effective date of a relevant policy Proposal enacted through the regular approval procedure under this Policy, whichever occurs first. If no relevant policy Proposal is enacted through the approval procedure prior to the expiration date of the temporary policy, the temporary policy shall no longer be in effect and shall be removed, and the un-revised policy, if any, shall be reinstated in its previous state.
Effective Date and Publication of Policies
1. Unless provided otherwise, all policies are effective upon Presidential or Board of Trustees approval, as appropriate, and are to be published as soon as reasonably possible on the official University's Policies website.
Oversights or departures from this Policy shall not negate policy approval by any approving body. However, upon discovery of any material departure, the Board of Trustees or President shall review the departure and take steps to correct or seek appropriate ratification of the departure, as needed.

V. RELEVANT FORMS/LINKS

VI. QUESTIONS/RESPONSIBLE OFFICE

The President's Office is the Responsible Office for the Policy. Questions about this Policy should be directed to the President's Office, the Provost's Office, or the Office of Legal Affairs, as applicable.

VII. POLICY ADOPTION AND AMENDMENT DATES

Date Approved: May 6, 2005 (as Policy 5.56)

Amended: December 7, 2012; January 31, 2014; January 13, 2017; August 12, 2021 (renumbered to 0.0); December 13, 2022 [temporary authorization]; March 31, 2023 [permanent authorization]; April 23, 2026

POLICY #0.0 SUBJECT: Policy Development Authority (Policy on Policies)