FAU presidential search ‘not compliant’ with sunshine law, report recommends restart

BOCA RATON, Fla. – An investigation by the Florida State University System’s inspector general found that Florida Atlantic University’s committee tasked with appointing a new president for the school was out of compliance with state regulations.

The report found that FAU was “not compliant” with Florida’s Government in the Sunshine Law regulations and aspects of the search were out of compliance with Board of Governors Regulation 1.002.

“We recommend the BOG require FAU to restart their search for their next president,” the report said.

Florida’s sunshine law advocates for open and transparent governance and accountability at various levels of local and state involved projects, committees and assignments.

The investigation began after State University System Chancellor Ray Rodrigues received concerns that the school’s Presidential Search Committee, headed by Brad Levine, conducted an inappropriate selection process.

FAU started their nationwide search for a new president in the spring of 2023, initially reviewing 65 potential candidates.

In May, Levine reportedly asked the selection system, AGB Search, to hold an “anonymous” survey and not inform the committee that it would be implemented. The survey was designed to narrow down the pool of potential candidates by finding who each member preferred in a ranked-choice-voting system.

“In addition to the issues with the Sunshine Law, the preference survey directed by FAU was flawed,” the report said. “Administering the survey anonymously limited accountability and the ability to validate its responses.”

“Additionally, the preference survey results displayed to the committee by FAU staff were inaccurate and incomplete,” it said.

Levine attempted to conduct a second anonymous survey afterwards to further narrow down the finalists, however the selection process was halted due to continued concerns about the legality of the situation.

“The failure to comply with Florida Statutes and Board of Governors regulation raises questions regarding the competence of the search,” the report said. “Therefore, the BOG should consider whether BOT Chair Brad Levine should be prohibited from serving as the chair of the university’s next Presidential Search Committee given his involvement and oversight of the search process assessed by this investigative review.”

It also said the university was not pressured to choose a specific candidate.

Media reports had claimed that the halt in the committee’s selection process had to do with Gov. Ron DeSantis’ preference in Rep. Randy Fine, R-Melbourne, not being selected in the final candidate options. This claim was a commonly argued amongst outsiders in the situation.

“There is insufficient evidence to support that the university was directed or pressured to advance or select any specific candidate,” the report concluded.