10429 MINUTES OF THE MEETING OF THE MICHIGAN STATE UNIVERSITY BOARD OF TRUSTEES June 11, 1993 The Trustee Finance Committee and Trustee Policy Committee meetings were held in the Board Room of the Administration Building, The minutes of the committee meetings are on file in the Office of the Secretary of the Board of Trustees. The meeting of the Board of Trustees was called to orderby President Gordon Guyer at 11:15 a.m. on Friday, June 11, 1993 in the Board Room of the Administration Building. Trustees present: Dolores M. Cook, Joel Ferguson, Dorothy Gonzales, Russell G. Mawby, Barbara J. Sawyer, John D. Shingleton, Bob Traxler, and Robert E. Weiss- University officers present: President Guyer, Interim Provost Simon, Secretary Williams, General Counsel and Vice President Kurz, Vice Presidents Denbow, Meyer, Pierre, Turner, and Wilkinson. Faculty Liaison representatives present: Dr. Norman Abeles, Dr. Elaine Cherney, Dr. David Fisher, Dr. Sheila Grimes, Dr. Henry Silverman, and Dr. Dozier Thornton. Student Liaison representatives present: Michael Jaeger and Brad Thaler. All actions taken were by unanimous vote of the Trustees present, unless otherwise noted. 1. On a motion by Mr. Weiss, supported by Dr. Mawby, THE BOARD VOTED to approve the agenda. 2. On a motion by Ms. Sawyer, supported by Mr. Weiss, THE BOARD VOTED to approve the minutes of the Board meeting of April 9, 1993. 3. President Guyer announced that General Counsel Kurz had requested that the Board of Trustees meet in Executive Session, as authorized by Section 8(e) of the Michigan Open Meetings Act, to discuss with Counsel specific pending litigation. Request for Executive Session On a motion by Mr. Weiss, supported by Mr. Ferguson, A ROLL CALL VOTE vas conducted by Secretary Williams. The motion passed Unanimously- President Guyer announced the Board would go into Executive Session and reconvene in approximately one hour, 4. The meeting was reconvened by President Guyer at 12:00 noon. He announced the Executive Session was recessed to accommodate the schedule, but it would be continued following the afternoon session. Trustees present: Dolores M. Cook, Joel Ferguson, Dorothy Gonzales, Russell G. Mawby, Barbara J. Sawyer, John D. Shingleton, Bob Traxler, and Robert E. Weiss. University officers present: President Guyer, Interim Provost Simon, Secretary Williams, General Counsel and Vice President Kurz, Vice Presidents Denbow, Meyer, Pierre, Turner, and Wilkinson. Faculty Liaison representatives present: Dr. Norman Abeles, Dr. Elaine Cherney, Dr. David Fisher, Dr.. Sheila Grimes, Dr. Henry Silverman, and Dr. Dozier Thornton. Student Liaison representatives present: Michael Jaeger and Brad Thaler. 5. The following individuals addressed the Board of Trustees: Public Participation A. Messrs. Vern Lanphear and Paul VanDenberg, dairy farmers from Allegan County, described several incidents involving family members, employees, and farm animals which are believed to be related to stray voltage on their properties. They asked the University for assistance, especially to educate the public about this issue. Dr. Guyer remarked that although Trustees and administrators usually do not respond to presentations at the meeting, a report would be provided to Board members since the University has been involved in stray voltage education and research. I I 10430 Public Participation continued June 11, 1993 B. C. Ms. Manuela Kress, a doctoral student; commented on the financial circumstances of many graduate students which will be impacted by the She asked the University to make a proposed tuition increase. Ms. Kress commitment to students, to reconsider the proposal. distributed copies of the new Council of Graduate Students newsletter, "COGS-NIZANCE". Ms. Rondy Murray, staff member and President of the Clerical-Technical Union of MSU, reported the continuing concerns of CT employees are: worries about their jobs, the work environment, and cumulative trauma disorders. She also reported there has been no direct contact with their union group regarding the budget. Executive Officers, Faculty and Student Liaison members, and special guests joined the Trustees for lunch in room 443A Administration Building. The meeting was reconvened by President Guyer at 1:05 p.m. in the Board Room. Trustees present: Dolores M. Cook. Joel Ferguson, Dorothy Gonzales, Russell G. Mawby, Barbara J. Sawyer, John D. Shingleton, Bob Traxler, and Robert E. Weiss. University officers present: President Guyer, Interim Provost Simon, Secretary Williams, General Counsel and Vice President Kurz, Vice Presidents Denbow, Meyer, Pierre, Turner, and Wilkinson. Faculty Liaison representatives present: Dr. Norman Abeles, Dr. Elaine Cherney, Dr. David Fisher, Dr. Sheila Grimes, Dr. Henry Silverman, and Dr. Dozier Thornton. Student Liaison representatives present: Michael Jaeger and Brad Thaler. i President1 s Report President Guyer asked if there were additional persons who wished to address the Board of Trustees: there were none. Several anecdotes of the special commitments of Spartan students, faculty, staff, and programs were presented by President Guyer as follows: •A. MSU AFSCME 1585 union members placed a full-page advertisement in The State Nevs encouraging MSU students to seek housing in campus residence halls. The members introduced were: Larry Smith, President of 1585, Jim Rhodes, Earl Chapman, Barb Greenhoe, Tracy Harris, Rick Gierman, and Moises Garcia. Mr. Robert C. Underwood, Assistant Vice President for Housing and Food Services, and Mr. Charles ML Gagliano, University Housing Manager were also acknowledged. B. C. D. E. F. Shelly Alfredson, a junior in Mechanical Engineering, was named the 1993 MSU Student Employee of the Year and the State of Michigan Employee of the Year. Ms, Alfredson is employed as a department aide in the Cyclotron Laboratory. The proposed partnership with the Michigan Molecular Institute, an agenda item for the Board's consideration today, is evidence of the University's priority to research. Mr.. Herbert "Ted" Doan, Chairperson of the MMI Board of Directors, and Dr. Theodore Bickart, Dean of Engineering, were introduced. Mr. Doan reported their Institute is proud to be affiliated with the University. Mr. Raul Velasco, a journalist, telecommunicator, celebrity host of the show "Siempre En Domingo," and the recipient of an honorary degree at Spring commencement, has invited University personnel to Mexico to form a partnership in education. Interim Provost Simon will work with Vice President Pierre in establishing these exchanges. The establishment of the Community Music School in August is fulfillment of a goal of Mr. James Forger, Director of the School of Music, to continue and expand relationships and services to the community. The non-degree community music school will provide music instruction, services, and educational programs to all interested individuals, all ages and all levels of advancement regardless of economic or financial situation, Mr. John Martin will be Its founding director. Dr. Frank Fear, Chairperson of the Department of Resource Development, was recognized for assisting the newly arrived family of a graduate student when there was a fire in their apartment hours after arriving from Zimbabwe. Other individuals who assisted in the rescue of the family were: Rudie Altamirano, Resident Director of University Apartments; David Horner, Director of the Office for International Students and Scholars; DPS staff Lieutenant Tony Kleibecker and Officer Dan Zolnai. 10431 President's Report continued June 11, 1993 G. H. Iv Students who participated in "Into the Streets" were special guests of the Trustees at lunch today where they shared the excitement of their participation in the Lansing community* The students recognized were Laura Gable, Sam Singh, Rich Fox, Brenda Parker; community volunteers Rudy Barnhill and Julie Teed; Lansing Police Officers Ray Hall and Dave Emmons; and MSU employee Kent Workman, College of Engineering students were congratulated for their accomplishments in competitive events with students from other universities* Students John Marsh and Jim Hirschenberger described the activities related to their participation in a concrete canoe project and a regional steel bridge competition. The students won the canoe race for the fifth year in a row and the regional steel bridge competition for the seventh year in a row. Coaches Frank Hatfield, Mack Davis, and Mark Snyder, as well as the other team members, were congratulated, The late Millie Harris, an employee in the Kellogg Center State Room for her entire 41-year MSU career, has bequested $70,000 to support MSU students enrolled in the School of Hotel, Restaurant, and Institutional Management. President Guyer wanted the Trustees to be aware of her gift to the University, as Ms. Harris is typical of so many dedicated University employees. President Guyer thanked the students, faculty/and employees for providing him an opportunity to share information of their dedication to the University• 9. Personnel Actions were presented by Interim Provost Simon as follows: A. Appointments Personnel Actions Appointments 1} 2) 3) 4} Hill, Gretchen M. , AN-Associate Professor, Department of Animal Science, $65,000, with Tenure, effective June 1, 1993. Whitwell, John L., AY-Professor3 School of Music, $67*000,,..with' Tenure, effective August 16, 1993. Plank, David N., AY-Associate Professor, Department of Educational Administration, $56,000, with Tenure, effective August 16, 1993. von Eye, Alexander A., AY-Professor, Institute for Public Policy and Social Research; Dean's Office, College of Human Ecology; Department of Psychology; Department of Family and Child Ecology, $80,000, with Tenure, effective August 16, 1993. B. Promotion and Tenure Recommendations The report of Promotion and Tenure Recommendations is included in the Personnel Actions with the Board Agenda in the Office of the Secretary of the Board of Trustees. C. Other Personnel Actions Promotion and Tenure Recommendations Other Personnel Actions 1) Carter, Phillip, AN-Associate Dean, Eli Broad College of Business; Professor, Department of Management, to change title from Associate Dean to Acting Dean, and for a change in salary'rate from $109,000 to $114,000, effective August 1, 1993. On a motion by Mr. Shingleton, supported by Mr. Weiss, THE BOARD VOTED to approve the Appointments, Promotion and Tenure Recommendations, and Other Personnel Actions. 10. The Gift, Grant and Contract Report was presented by Vice President Pierre for the period March 13, 1993 through May 14, 1993, with a total value of $30,603,818.71. Gift, Grant and Contract Report On a motion by Ms. Sawyer, supported by Mr. Shingleton, THE BOARD VOTED to approve the Gift, Grant and Contract Report which is included with the Board Agenda in the Office of the Secretary of the Board of Trustees. Dr. Pierre reported the total received for the 1992-93 year is•$168,746,577, a significant and gratifying increase of $24 million or 16.5% over last year. I I 1 I 10432 Trustee Finance Committee Bids and Contract Awards Sale of land in Antrim County Purchase of house and land on Sandhill Road 11. The reports and recommendations of the Trustee Finance Committee were presented by Committee Chairperson Traxler as follows: A. Bids and Contract Awards: June 11, 1993 1) 2) It was recommended that the Board of Trustees confirm the administrative action to sell 31.4 acres of land in Section 16, Mancelona Township, Antrim.County, Michigan, for $50,000 with a seven-year land contract at 9 percent interest. It was recommended that the Board of Trustees confirm the administrative action to purchase the house and approximately one acre of land located at 3214 Sandhill Road for $58,000.. On a motion by Mr. Traxler, supported by Ms. Sawyer, THE BOARD VOTED to approve the above recommendations. Adoption of Interim^ Budget for 1993-94 j B. It was recommended that the Board of Trustees adopt an interim budget which will permit the operation of the University at 1992-93 expenditure levels until the 1993-94 budgets have been established. Establish Mildred Cl Harris Endowment Fund I Agreement with MM I and Dow Foundation to establish University Composites Experi- ment Station Adoption of Guide- lines for Develop- ment of 1993-94 Budgets Statements by Trustee Traxler on budgets The interim expenditure authorization, expressed in annual terms, is as follows: University General Fund Agricultural Experiment Station Cooperative Extension Service Intercollegiate Athletics Programs $438,016,500 30,644,950 34,049,712 15,400,000 On a motion.by Mr. Traxler, supported by Mr. Shingleton, THE BOARD VOTED to adopt the interim budget- C. It was recommended that the Board of Trustees establish the Mildred C. Harris HRIM Kellogg Center Fund as a fund functioning as an endowment. D. E. On a.motion by Mr. Traxler, supported by Dr. Mawby, THE BOARD VOTED to approve the recommendation. It was recommended that the Board of Trustees authorize the administration to enter into agreements with the Michigan Molecular Institute (MMI) and the Herbert H. and Grace A. Dow Foundation to establish a University Composites Experiment Station in the facilities presently occupied by, and utilizing real and personal property and certain personnel of, the MMI Composites Research Division in Midland, Michigan. On a motion by Mr. Traxler, supported by Ms. Cook, THE BOARD VOTED to approve the recommendation. It was recommended that the Board of Trustees adopt the Guidelines for the Development of the 1993-94 Budgets and direct the administration to implement the tuition and fee schedule contained therein, and to develop the General Fund, Agricultural Experiment Station, Cooperative Extension Service, and Intercollegiate Athletics budgets in accordance with the guidelines for submittal to the Board at its July meeting. The following statements presented by Mr. Traxler are excerpts from the addendum to the Budget Guidelines, "...The planning that the University has done over the last few years has put us in good stead to deal with the challenges of the twenty-first century. However, the University must be strong in its resolve to make the programmatic and financial decisions necessary to keep MSU as a unique and valuable resource for the nation and indeed the world and a necessary and prudent investment for the State of Michigan. The Board is also very cognizant that inaction or decisions not made can have a detrimental effect on the quality and vitality of MSU. Further, the Board is committed, to the principle that any programmatic change will be done in an orderly fashion and in a way that majors [students] have the fullest opportunity to complete programs of choice. Therefore, we must be well positioned to make the decisions necessary to keep MSU on a sound course into 1994-95 and beyond. I i I I 10433 Trustee Finance Committee cont. Statements by Trustee Traxler on budgets continued June 11, 1993 Therefore, on behalf of the Trustee Finance Committee, I asked the other members of the Board to join us in requesting that the President, Interim Provost, and Vice President for Finance and Operations begin Jo assemble and review with the Trustee Finance Committee and Trustee Policy Committee a comprehensive plan for the review of academic programs and the review of the effectiveness and efficiency of academic support services in the event that the financial circumstances may require the curtailment or reorganization of programs, units and functions in order to preserve the quality, integrity and vitality of Michigan State University." On a motion by Mr. Traxler> supported by Dr, Mawby, THE BOARD VOTED to The vote was 7-1; Trustee approve the recommendation and addendum; Gonzales voted no. The addendum is included with the Board Agenda in the Office of the Secretary of the Board of Trustees. Mr. Traxler also commented that the Finance Committee members are pleased with the work the administration has done in seeking out the counsel of faculty and students and other interested groups of the MSU family. Although it may not satisfy everyone, under the circumstances it represents, in Trustee TraxlerTs judgment, the best of all possible. It is fiscally responsible and each person has to be very conscious of that in coming years. It represents a departure from past practices; it also represents an effort on the part of the administration to communicate with all interested parties. Mr. Traxler commended the President for his efforts over the months, as well as those of Interim Provost Simon, Vice President Wilkinson, and their staff members. The University is especially pleased to provide increases to faculty members since they did not receive an increase last year. It was imperative that it be done this year. The guidelines represent a compromise. Additional supportive comments were made by Trustees Weiss, Cook, Sawyer, and Shingleton. Mr. Weiss expressed an ongoing concern for the cost of tuition for the middle income family. Ms, Cook commended the President for his assistance in the budget development. Ms. Sawyer commented that although tuition has increased, financial aid has always increased to assist students. Mr. Shingleton commented that residence hall rates are a contribution to the total package. He also remarked about the ongoing deliberations and discussions regarding the budget. F. At the morning meeting, the Committee discussed the scope of the annual audit with Mr. Matthew Mendrygal and Mr. Michael Fitzpatrick, representatives of Ernst & Young* Annual Audit 12. The reports and recommendations of the Trustee Policy Committee were presented by Committee Chairperson Weiss as follows: Trustee Policy Committee At the morning Committee meeting the agenda was amended to include a recommendation for the administration to create a committee to analyze options for the involvement of the University in legal education. A. It was recommended that the Board of Trustees approve the procedure for Dismissal of Tenured Faculty for Cause as revised. It was further recommended that the Board of Trustees adopt the policy and procedure for Rescission and the policy and procedure for Implementing Disciplinary Action Where Dismissal is not Sought and approval for revisions in the Faculty Leave Policy and the Tenure of Appointment policy. The policies are Included with the Board Agenda in the Office of the Secretary of the Board of Trustees. On a motion by Ms. Cook, supported by Ms. Sawyer, THE BOARD VOTED to approve the recommendations. B. It was recommended that the Board of Trustees approve the amendments to the University Bylaws for Academic Governance (2.2.9. and 4.7.3.1.) and the Faculty Grievance Procedure (addition of 7.6.}. Bylaws for Academic Governance 2.2.9. Academic units shall have written faculty grievance procedures which shall be approved by the University Committee on Faculty Affairs as described in-4.7.3.1. 4*7.3.1. The Committee on Faculty Affairs shall have shared responsibility with the Provost to approve written faculty unit grievance procedures or, if an academic unit does not have written faculty grievance procedures, to determine such procedures. Academic Policies: Dismissal of Tenured Faculty for Cause policy revised and Faculty Leave Policy and Tenure of Appt. revised. New policies: Rescission and Implementing Disciplinary Action Where Dismissal is not Sought Amendments to Bylaws for Academic Faculty Grievance Procedure Bylaws for Academic Governance 10434 Trustee Policy Commi ttee cont. Faculty Grievance Procedure amendment De Minimus Owenership by Faculty Members Agreement with Origin, Inc. Agreement with ReproVax, Inc. Agreement with Vetgen,' Inc. June 11, 1993 Faculty Grievance Procedure 7,6 The Committee on Faculty Affairs shall have shared responsibility with the Provost to approve written faculty unit grievance procedures or, if an academic unit does not have written faculty grievance procedures, to determine such procedures. On a motion by Ms. Cook, supported by Dr. approve the recommendations. Mawby, THE BOARD VOTED to C. De.Minimus Ownership by Faculty Members 1} 2) 3} It was recommended that the Board of Trustees delegate to the President authority to approve or disapprove an agreement to be negotiated between the University and Origin, Inc. It was recommended that the Board of Trustees delegate to the President authority to approve or disapprove an agreement to be negotiated between the University and ReproVax, Inc. It was recommended that the Board of Trustees delegate to the President authority to approve or disapprove an agreement to be negotiated between the University and Vetgen, Inc. On a motion by Mr. Ferguson, supported by Dr. Mawby, THE BOARD VOTED to approve the above recommendations. Creation of \ committee to analyze option for legal : \ education D. The Board of Trustees requests the administration to create an appropriately constituted select committee to analyze options for the involvement of Michigan State University in legal education and requests that the Board receive through its Policy Committee periodic reports on the progress of the deliberations with the expectation that the select committee will conclude its work as quickly as possible after the beginning of Fall semester. On a motion by Mr. Weiss, supported by Mr. Shingleton, THE BOARD VOTED to approve the recommendation. The statement presented by Trustee Weiss is included with the Board Agenda in the Office of the Secretary of the Board of Trustees. Mr. Traxler stated that although he agrees with the establishment of a committee, the fiscal implications and financial impact on the university must be carefully considered. Everyone must be satisfied as to the fiscal soundness of the approach. He believes it is an excellent recommendation, but the President and his colleagues share a concern for the importance of the economic issues. i Division of University Relations Annual Report Chai rperson1s Report E. At the morning Committee meeting, Vice President Denbow's annual report included a video presentation of activities in the division of University Relations. 13. The report of the Chairperson and Trustees. A. Chairperson Ferguson said he wanted to report on many good things happening at the University- His comments included the following: 1) 2} 3} 4} 5) Vice President Denbow was complimented for communicating the news of the University, Mr. Weiss was commended for the recommendation regarding a law school which will move Michigan State continuously forward. MSU scientists John Wilson and Kenneth Moore are recipients of prestigious Jacob Javits Neuroscience Investigator Awards totaling $400,000 for critical brain studies. Also, the Kellogg Biological Station received almost a half-million dollars in a grant for science education programs for K-12 students. The recently completed Forest Akers west course is an excellent course. It is expected that many major golf tournaments will be held there. The Great American Read Aloud recently held on campus acknowledges MSU efforts in literacy. Participants included President Guyer, faculty members, students, and people from the community. 10435 June 11, 1993 B. C. Mr, Weiss expressed concern about the issue of stray voltage discussed by the public participants. He requested a report to the Policy Committee on the role and involvement of the University. Chai rperson's Report and Trustee Comments continued President Guyer remarked that on behalf of the administrative team, Chairperson Ferguson is absolutely right, MSU is a flagship institution in the state, and he appreciates particularly the students and faculty as well as a new partnership with support staff. 14. The meeting was adjourned at 2:15 p.m. session. The Board continued the executive Gordon Guyer President 7 Marcellette G. Williams Secretary pip I i • i i