Board of Regents

Board of Regents Meeting Minutes - March 1992

                         MINUTES OF THE REGULAR MEETING

 

                                    of the

 

            BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM

 

                              Madison, Wisconsin

 

                        Held in Room 1820 Van Hise Hall

                             Friday, March 6, 1992

                                   8:30 a.m.

 

                          -President Lyon presiding-

 

 

PRESENT:  Regents Barry, Clusen, Davis, Dreyfus, Flores, Gelatt, Grebe,

          Grover, Hirsch, Krutsch, Lubar, Lyon, Nicholas, Schilling, and Steil

         

 

ABSENT:   Regents Gundersen and Vattendahl

 

 

 

 

     Approval of Minutes

 

     Upon motion by Regent Lubar, seconded by Regent Steil, the minutes of the

meeting of the Board held on February 7, 1992, were approved as distributed.

 

 

                                     - - -

 

 

REPORT OF THE PRESIDENT OF THE BOARD

 

     Congratulations to UW-Green Bay Student Athlete

 

     Regent President Lyon congratulated Tony Bennet, a student athlete at UW-

Green Bay, who had been just designated player of the year on the GTE Academic

All-America team.

 

                                       -

 

     Report on Presidential Search

 

     Regent Lyon, Chair of the Presidential Search Committee, reported that

the Committee met on February 12, 1992, to continue reviewing credentials of

possible candidates for the UW System presidency.

 

     The deadline date for receipt of applications and nominations for the

position was March 5, 1992, and the names of all applicants and nominees are

publicly available on March 9, 1992. 

 

                                       -

     Report on Legislative Matters

 

     Acting Vice President Ward reported on a budget amendment which would

prohibit starting of classes before Labor Day.  Acting President Lyall had

communicated to the State Senate the problems this amendment would cause

concerning the length of the first semester. 

 

     Concurring with the concern about this amendment, Regent Grover commented

that the number of faculty-student contact days in an academic year should be

increased to return the length of year to the level of the 1960.  The ability

to consider that option is inhibited by limitations on the beginning of the

first semester.

 

                                       -

 

     Governor's Signing of Faculty Tenure Bill

 

     Governor Thompson made a special appearance at the Board meeting to sign

AB 561, legislation to revise the faculty tenure process.  He was joined by

Representative Barbara Notestein, the chief legislative sponsor of the bill.

In signing the bill, the Governor remarked that it provides an avenue of

appeal needed to ensure equity in tenure decisions.

 

                                       -

 

     Memorial Resolution for Joyce Erdman

 

     Introducing the memorial resolution, Regent President Lyon stated that,

with Joyce Erdman's untimely death, the UW System lost a true friend and loyal

supporter.  She was a vigorous advocate for the UW System, serving as Regent

President from 1980 to 1982--the first and only woman to hold that position.

Her active sponsorship of community improvement projects, including the

Madison Art Center, the Wisconsin Ice Age Trails project, and the programs of

the Wisconsin Academy of Sciences, Arts and Letters, are illustrative of the

many civic contributions she made to better the quality of life in the state.

 

     One of those projects was the establishment of a Regents Professorship

Program supported by contributions of sitting and emeritus Regents.  The

program brought distinguished academics and practitioners to UW campuses to

share their knowledge with the students, faculty, and the public through

seminars and public lectures. 

 

     Just before her death, Joyce Erdman had proposed that this fund be used

to support a series of Regents Teaching Excellence Awards.  The first of these

awards, to be given in May 1992, will be named in memory of Joyce Erdman, who

has set a high standard for all advocates of higher education.

 

     Regent Grover presented the following resolution and moved its adoption

by the Board of Regents.  The motion was seconded by Regent Lubar and carried

unanimously.

 

     Resolution 6028:  Whereas, throughout a lifetime of public service, Joyce

                       M. Erdman has been recognized as a highly respected

                       leader whose exceptional ability and energy greatly

                       benefited the community, the university and the state;

                       and

 

                       Whereas, her devotion to the University of Wisconsin

                       System is exemplified by her outstanding service as a

                       member of the Board of Regents for seven years and by

                       her dynamic leadership as President of the Board; and

 

                       Whereas, her tenure as a Regent was marked by her firm

                       commitment to educational excellence and strong support

                       for top-quality programs; and

 

                       Whereas, with her death on February 11, 1992, the

                       University of Wisconsin System has lost a very good

                       friend and mentor, whose unwavering support over the

                       years has been highly valued;

 

                       Therefore, be it resolved that the Board of Regents

                       extends deepest sympathy to Marshall Erdman and to the

                       entire Erdman family; and

 

                       Be it further resolved that, in appreciation for the

                       exceptional contributions made by Joyce Erdman to the

                       University of Wisconsin System, the Board of Regents

                       hereby names for the 1992 year the newly created

                       Teaching Excellence Awards that were established at her

                       initiative and with her leadership, the Joyce Erdman

                       Teaching Excellence Awards.

 

                                       -

 

     UW System 1992-93 Budget Status

 

     In a statement on the status of the 1992-93 budget, Regent President Lyon

commented that recent amendments would have a seriously detrimental impact on

instructional activities.  Actions of the Joint Finance Committee not only

doubled the supplies and expense reductions in the Governor's budget, but also

would convert them from one-time lapses to permanent base cuts.  Those cuts

would require a ten percent reduction in the supplies and expense funds spent

on instruction and student services, thus wiping out all improvements made in

this important category since 1988.  In addition, more than $2 million of

federal indirect cost funds that reimburse UW institutions for costs already

incurred would be taken to support state general funds.

 

     Perhaps more disturbing, learning technology and supplies and expense

funding approved by the Legislature last year as a match to student fees paid

this year would be rescinded by this action.  If passed as it now stands, the

UW System budget increase for 1992-93 would contain $6.6 million in student

fees but only $.6 million general purpose revenues.  This action would not

keep faith with the students or with the state's obligation to support the

University System.

 

     The Board of Regents, the administration and the UW institutions, Regent

Lyon stated, have worked hard to set priorities, to prune requests, and to

manage and focus existing resources through the quality reinvestment plan.  A

$9 million base cut on top of this would mean serious and permanent reductions

in services to students.

 

 

     In light of the severe consequences of these budget actions, President

Lyon asked System Administration, the UW institutions and the Regents to work

vigorously to preserve the UW System base budget for 1992-93 by ensuring that

decision makers have a clear understanding of the serious impacts the proposed

cuts would have on service to students and on the economic impact of

university research and outreach.

 

     In addition, he asked System Administration, in consultation with the

chancellors and student government representatives, to explore alternative

revenue sources consistent with the Board's 1991-93 budget request, including

the possibility of a modest tuition surcharge, if necessary, to ensure that

current levels of instructional support are maintained.

 

     While all appreciate that times are tough, he stated, the Regents must

also recognize that they are stewards of a statewide asset that holds the key

to much of the economic future for the people of the state.  As responsible

stewards, the Board must work very hard to prevent erosion of this asset.

 

 

     Stating his support for President Lyon's statement, Regent Flores urged

that the Legislature and its leaders be clearly informed of the consequences

of these cuts and the impact on students. 

 

     As Co-Chair with Regent Steil of the Supplies and Expense Task Force,

Regent Gelatt noted that the Committee had received much information about

serious problems before these cuts, resulting from inadequate supplies and

expense funds--such as classrooms with out-of-date maps and computers that do

not work because there is no money for maintenance.  As a result of the study,

the biennial budget included a request for increased supplies and expense

money to focus on instructional needs important to the educational mission of

the institution.  In the quality reinvestment program, he noted, several

campuses gave supplies and expense funds equal priority with salary needs.

This reduction, he stated, would not cut fat, but instead would cut muscle and

bone. 

 

     Regent Steil stated agreement with Regent Gelatt's comments.

    

     Regent Lyon noted that these cuts remove any opportunity to put in place

the policy recommended by the Supplies and Expense Task.

 

 

                                     - - -

 

 

REPORT OF THE ACTING PRESIDENT OF THE SYSTEM

    

     Report of Nonpersonnel Actions

 

     Upon motion by Regent Gelatt, seconded by Regent Hirsch, Resolution 6029

was adopted unanimously by the Board.

 

     Resolution 6029:  That the report of nonpersonnel actions by

                       administrative officers to the Board of Regents and

                       information items reported for the record (copy on file

                       with the papers of this meeting) be received for the

                       record; and that actions included in the report be

                       approved, ratified and confirmed.

 

                                       -

 

 

     Death of Former Regent President Joyce Erdman

 

     Acting President Lyall stated that, with the passing of Joyce Erdman, the

UW System has lost a good and valued friend.  As President of the Board, she

served as a role model and a visible symbol of the opportunities that the UW

System affords women across the state.  Fittingly, her tenure as a Regent

coincided with the period of greatest growth in the number of women students

in the UW System.  During that time, overall enrollment grew 11 percent, but

the number of women students increased 21 percent, exceeding half of the

student body for the first time during her last year as a Regent.  Since her

presidency, the UW System has benefited from the professional contributions of

women in visible leadership positions, including four chancellorships, six

vice chancellorships, and a System Executive Vice President. 

 

     The new Regents Teaching Excellence Awards, Acting President Lyall

stated, are a fitting tribute to her values and to her life of civic

commitment.

 

                                       -

 

     Report on UW System 1992-93 Budget

 

     Reporting on the status of the 1992-93 budget, Acting President Lyall

noted that, as passed last spring, the UW System budget for 1992-93 was

scheduled for a $13 million increase composed equally of GPR and fees.  The

Governor's revised budget, proposed in January, called for a 5 percent S & E

lapse (about $3.2 million) and a $2.4 million lapse in federal indirect cost

reimbursement funds.  These were proposed as one-time lapses, not as base

budget cuts.

 

     Last week the Joint Finance Committee decreased the UW budget further by

doubling the supplies and expense lapse to 10 percent and making both it and

the federal indirect reimbursement reductions into permanent base cuts.  In

addition, the Committee rejected the Governor's proposal to allow future

increased expenses of the Academic Scholarship Program to be met from tuition

waivers.  The result is a 1992-93 GPR base budget reduction of $9.2 million

and unfunded enrollment budget items of another $4.3 million.  This is

especially damaging because, if the Joint Finance Committee cuts stand, the

1992-93 supplies and expense funds will actually be $2.2 million below the

1988-89 level not including any inflationary effects.

 

     This means that students will have fewer class materials; there will be a

reduction in computer equipment contracts, forcing the use of valuable faculty

time for maintenance and repair; there will be a shortage of laboratory

materials and supplies used in science and other courses; there will be less

software, less audiovisual equipment, and fewer field trips for the

instructional mission.

 

 

     This also means that it will not be possible to implement the

recommendations of the Supplies and Expense Task Force to invest 40 percent of

supplies and expense increments in classroom instructional needs.  Because the

Joint Finance Committee action protects libraries and laboratories from the

cut, instruction and student services will suffer a disproportionate reduction

of 10 percent or more in supplies and expense funds.

 

     Stating that the cuts should be restored from General Purpose Revenue so

that the student share of cost can remain at 31 percent, Acting President

Lyall reported that her testimony to the Joint Committee on Finance had

pointed out that the proposed learning technologies and S & E lapses would

break faith with the Legislature's promise of last year that if student fees

paid for the first year of the biennium, GPR would pay for the second year.

If passed as it stands, the proposed UW budget for 1992-93 would be even more

heavily dependent on fees in 1992-93 than in 1991-92. 

 

     Noting that UW tuition is among the lowest in the Big Ten, she said that,

although low tuition is a point of pride, maintaining quality education is the

highest priority commitment.  If the state is unable to sustain basic supplies

and expense funding for instruction and student services, it will be necessary

to consider whether a tuition surcharge is needed to maintain the commitment

to quality education.

 

     The administration was working with student leadership to bring the

message to the Legislature on these points, and to make clear that these are

matters of importance to students.

 

                                       -

 

     UW-Whitewater Economics Entrepreneurship Program

 

     Acting President Lyall announced that on February 12, 1992, the College

of Business and Economics at UW-Whitewater, opened the nation's first student-

based business incubator facility in conjunction with its program in

entrepreneurship.  The facility will provide low-cost space for student

business ventures and a means for student entrepreneurs to apply principles

learned in the classroom to real life markets and competition. 

 

                                       -

 

     UW-Stout Presentation on Manufacturing Technology Transfer

 

     Acting President Lyall introduced UW-Stout Vice Chancellor George DePuy,

who noted that Menomonie is claiming a minor economic miracle:  they have

attracted five new companies which created over 1,000 new jobs in the past two

years.  Four of these five companies are manufacturing firms.  One of the

reasons companies want to locate in Menomonee, he said, is to be close to UW-

Stout, which has a culture of interacting with industry that is unmatched by

many American institutions.  The UW-Stout program that best typifies this

culture is the Manufacturing Technology Transfer program which has won two

national awards for helping Wisconsin companies transfer manufacturing

knowledge from the university laboratory to the manufacturing floor.

 

     Mr. Larry Schneider, Director of UW-Stout's Manufacturing Technology

Transfer program, explained that the program received a first-place award in

1991 from the National Association of Management and Technical Assistance

Centers.  Technology transfer and the whole issue of global competition is

very much in the public eye, and an article in Corporate Report Wisconsin stated

that when industry indicates a need for assistance, academia is quick to

respond.  An article in The Milwaukee Sentinel further affirmed UW-Stout's stance

in technology transfer.  Mr. Schneider cited specific Wisconsin companies that

are benefiting from UW-Stout's knowledge of technology transfer.

 

     Displaying slides, Mr. Schneider explained what UW-Stout views as the

role of technology transfer and how it exercises differentiation between

technology transfer and the on-going educational efforts of the University

System.  To aid in this industrial problem, the UW System is constantly

involved in developing a knowledge data base.  An industry basically is in the

business of making a profit that allows it to stay in business, but it lags in

its knowledge base and internalizes implementation of available expertise,

knowledge and technology.

 

     The Technology Transfer Institute involves several programs, one of which

is funded primarily by the UW-Extension's involvement through the Office of

Continuing Education.  Various departments and programs at the university

allow daily interaction with both faculty and students.  They report to the

School of Industry and Technology and, in turn, to the Extension Chancellor's

office.

 

     Technology transfer is education or information uniquely packaged.  It

has a different format from the traditional on-going educational system that

is state supported.  What makes technology transfer work is a direct timely

interaction, on-site presence at the company, and follow-up--follow-up beyond

the point of recommendations and assessment.  A technology transfer program

interfaces or connects clients to business and industry who have needs, and

they offer resources which go to the university itself--faculty, staff and

facilities.  The faculty, staff and students are valuable to the industry; and

the industry provides student interaction through direct involvement in real-

life problems.  The program holds those needs together by coordinating

proposals and identifying projects.  It can move industries from traditional

manufacturing to a more integrated computer-controlled program which evolves

through a multi-staged process.  In recognition of this, UW-Stout has

developed a three-phased approach to interact with industry: first, to perform

an on-site assessment; second, to work with the company to develop a specific

manufacturing strategy; and third, and most important, to outline

implementation of that strategy.

 

     Significant networking takes place with these companies, which has an

impact on the economic development in the State of Wisconsin, and the

industry, State of Wisconsin and university all benefit.  The program provides

valuable and timely engineering assistance; the state gains high-paying

manufacturing jobs; faculty have the opportunity to be involved in development

of expertise and skills; and students obtain real-life laboratory experience.

These experiences with industries are rolled back into instructional programs,

which aids in making the instructional programs unique and very valuable to

the State of Wisconsin, demonstrating the university's capacity and

willingness to provide direct assistance to Wisconsin's small and medium-sized

manufacturers.

 

 

     Regent Steil stated that he was impressed with the program but wondered

if it was competing with the private sector in doing this work for what Mr.

Schneider described as medium-sized industries.

 

     Mr. Schneider responded that in his opinion most of the companies they

are working with are usually looking for a unique package of assitance that is

not available on a consultative basis, nor are they in a position to use and

coordinate individual consultants.  In most cases, however, the Transfer

Program backs out after working with a company to help in development of a

long-range plan and its implementation.  The company then generally

aggressively interacts with private consultants and other industry experts.

That same type of catalytic action given to the company also helps the

consulting business industry.

 

     In answer to a question by Regent Clusen on how client companies are

found, Mr. Schneider said that they do not initiate the contact and, in fact,

companies are on a waiting list for their help.  A Board of Directors screens

applicant companies and makes the determination of which companies can be

helped in the appropriate time frame.

 

     President Lyon stated the Board's appreciation for the informative

presentation.

 

 

                                     - - -

 

 

 

REPORT OF THE EDUCATION COMMITTEE

 

     Regent Grover, Chair, presented the report.

 

     Consent Agenda Items

 

     Regent Grover presented Resolutions 6030-6039, which had been approved

unanimously by the Education Committee, and moved their adoption by the Board

of Regents as consent agenda items.  The motion was seconded by Regent Davis

and carried unanimously.

 

     Report on Strategic Planning in Student Affairs 

 

     Resolution 6030:  That, upon recommendation of the Acting President of

                       the University of Wisconsin System, the Board of

                       Regents receives the Report of the Steering Committee

                       for Strategic Planning in Student Affairs in the

                       University of Wisconsin System and accepts the proposed

                       guidelines for implementation of the recommendations.

 

     New Program Authorization: Ph.D., Developmental Biology, UW-Madison

     (second review)

 

     Resolution 6031:  That, upon recommendation of the Chancellor of the

                       University of Wisconsin-Madison and the Acting

                       President of the University of Wisconsin System, the

                       Chancellor be authorized to implement the Ph.D. in

                       Developmental Biology.

 

 

     Review of Recurring Reports

 

     Resolution 6032:  Be it resolved, that the Board of Regents accepts the

                       recommendations for disposition of recurring reports

                       required to be submitted to the Education Committee,

                       and instructs the Secretary of the Board to request

                       changes in statutory language, where indicated, and to

                       request the appropriate state committee or agency to

                       discontinue or change the report requirements, where

                       indicated.

 

     Report on Advanced Opportunity Program

 

     Resolution 6033:  That, upon recommendation of the Acting President of

                       the University of Wisconsin System, the Board of

                       Regents accepts the Status Report on the Advanced

                       Opportunity Program for submission to the Governor and

                       the Joint Committee on Finance, pursuant to 1991

                       Wisconsin ACT 39 [s. 9157 (3j)].

 

     Report on Strategic Planning for Libraries

 

     Resolution 6034:  That, upon recommendation of the Acting President of

                       the University of Wisconsin System, the Board of

                       Regents receives the Report of the Steering Committee

                       for Strategic Planning in Libraries in the University

                       of Wisconsin System and accepts the proposed guidelines

                       for implementation of the recommendations.

 

     Authorization to Recruit: Associate Dean, Cooperative Extension,

     UW-Extension

 

     Resolution 6035:  That, upon recommendation of the Chancellor of the

                       University of Wisconsin-Extension and the Acting

                       President of the University of Wisconsin System, the

                       Chancellor be authorized to recruit for an Associate

                       Dean of Cooperative Extension.

 

     Authorization to Recruit: Associate Professor or Professor and Chair,

     Department of Pathology and Laboratory Medicine, Medical School,

     UW-Madison

 

     Resolution 6036:  That, upon recommendation of the Chancellor of the

                       University of Wisconsin-Madison and the Acting

                       President of the University of Wisconsin System, the

                       Chancellor be authorized to recruit for an Associate

                       Professor or Professor and Chair, Department of

                       Pathology and Laboratory Medicine, Medical School,

                       University of Wisconsin-Madison, at a recommended

                       salary range that exceeds the Executive Salary Group 6

                       maximum.

 

     Authorization to Recruit: Associate Professor or Professor, Business

     Ethics and Social Issues, School of Business, UW-Madison

 

     Resolution 6037:  That, upon recommendation of the Chancellor of the

                       University of Wisconsin-Madison and the Acting

                       President of the University of Wisconsin System, the

                       Chancellor be authorized to recruit for an Associate

                       Professor or Professor, Business Ethics and Social

                       Issues, School of Business, University of Wisconsin-

                       Madison, at a recommended salary range that exceeds the

                       Executive Salary Group 6 maximum.

 

     Authorization to Recruit: Head Basketball Coach, UW-Madison

    

     Resolution 6038:  That, upon recommendation of the Chancellor of the

                       University of Wisconsin-Madison and the Acting

                       President of the University of Wisconsin System, the

                       Chancellor be authorized to recruit for a Head

                       Basketball Coach, University of Wisconsin-Madison.

 

     Distinguished Professor of English and Comparative Literature, College of

     Letters and Science, UW-Milwaukee

 

     Resolution 6039:  That, upon recommendation of the Chancellor of the

                       University of Wisconsin-Milwaukee and the Acting

                       President of the University of Wisconsin System, the

                       status of Jane Gallop be changed from Professor,

                       Department of English and Comparative Literature,

                       College of Letters and Science, to Distinguished

                       Professor of English and Comparative Literature,

                       College of Letters and Science, University of

                       Wisconsin-Milwaukee, effective the 1992-93 academic

                       year.

                                      ---

 

     Discussion of Proposal to Redraft UWS 17.06(2)

 

     Regent Grover moved adoption by the Board of Regents of Resolution 6040,

which had been approved at a session of the Education Committee to which all

Regents were invited.  The motion was seconded by Regent Schilling.

 

     Resolution 6040:  That UW System Administration staff be directed to

                       prepare in proper form, and submit to the Legislative

                       Council Rules Clearinghouse for review, proposed

                       amendments to s. UWS 17.06(2), Wisconsin Administrative

                       Code, concerning discriminatory harassment by students;

                       and further

 

                       That the Secretary of the Board of Regents be directed

                       to file a notice of hearing with the Revisor of

                       Statutes for inclusion in the Wisconsin Administrative

                       Register, the purpose of the hearing being to consider

                       the amendment of s. UWS 17.06(2), Wisconsin

                       Administrative Code, concerning discriminatory

                       harassment by students, said hearing to be held May 7,

                       1992 in Milwaukee, Wisconsin at 10:00 a.m.

 

     Regent Barry moved to amend the language of the proposed rule by adding

the following sentence to the last paragraph:  "If disciplinary proceedings

are thereafter instituted, and a violation is found, the proposed disciplinary

sanction shall also be reviewed by the President's designee to assure that it

is appropriate to the offense and comparable to sanctions that have been

imposed for similar violations."  The motion was seconded by Regent Schilling.

 

     In response to a question by Regent Grebe, Acting President Lyall

indicated her intention to designate the Office of the General Counsel to make

the determinations required by that section.

 

     Put to the vote, the amendment was adopted.

 

     The proposed rule as amended is attached to these minutes as EXHIBIT A.

 

     President Lyon read a message from Regent Vattendahl, who could not

attend the meeting, stating his support for the proposed rule.

 

     Regent Hirsch distributed resolutions, adopted by the UW-River Falls and

UW-Whitewater student governments in opposition to redrafting the rule.  He

quoted from the UW-River Falls resolution which stated that only through

knowledge, education and experience will bigotry be eliminated.  It was his

view that banning objectionable speech would only drive bigotry underground,

rather than openly confronting the problem and dealing with it.  For that

reason, he was opposed to the resolution.

 

     Regent Steil stated his belief that the proposed rule is an exercise in

futility and would certainly be challenged on constitutional grounds.  While

he supported the amendment which had been passed, he also thought it unlikely

that the rule would be enforced, given recognition of the university's burden

of proof and need to protect due process rights.  When these factors are

weighed in conjunction with the cost of litigation and chances for success, he

thought legal counsel would decide against proceeding with enforcement

actions.  He intended to vote against the resolution on that basis, although

he fully supported the basic principles set forth in Resolution 6041.

 

     Regent Krutsch expressed her concern about unintended consequences of

this type of rule.  While the intention had been for the original rule to be

enforced narrowly, so that it would not infringe on First Amendment rights, it

was not until the court overturned the rule that those responsible for

administering the code expressed any displeasure with the way it was being

enforced.  She had been appalled by some of the sanctions applied under the

original code and was concerned that officials who had been comfortable with

such actions also would be enforcing the redrafted code.  That price, she

concluded, is not worth paying.

 

     Regent Lubar stated that he would vote for the resolution because he

considered the proposed rule ethically and morally correct.  He did not think

it would infringe on the First Amendment rights any more than would banning

pornography.  Above all, he felt the rule sends the sort of message that

should be sent in times like these.

 

     Regent Dreyfus commented that, under law, 18-year-olds are full citizens and

adults.  He was opposed to placing more restrictions on the speech of citizens

who choose to become students than on citizens who are not students.  In

addition, he felt a narrow vote to send the rule forward would convey a message

that should not be sent, particularly when there could be unanimous support for

Resolution 6041.

 

     Regent Schilling illustrated his support for the rule by relating an

incident described in the 1989 hearing on the original rule.  In that

incident, which took place in a university library, some white men had

harassed minority women by using epithets to describe why the women should not

be attending the university.  Without a rule against such speech, the

librarians were powerless to stop the abuse.  If the same situation had

occurred among employees in the workplace, the men could have been

disciplined. 

 

     Regent Dreyfus felt the chancellors are capable of handling such

situations under existing rules.

 

     Regent Nicholas considered the proposed rule unfair and aimed primarily

at protecting minorities but not other people.  He also believed the language

to be vague, causing uncertainty about interpretation and enforcement.  Above

all, he believed free speech is paramount.  While he hated epithets, he

considered the proposed cure to be worse than the disease.  Instead, he

believed the problem should be addressed through the educational process,

existing rules, common sense and decency.

 

     Regent Flores disagreed with the notion that racial epithets should be

considered speech protected by the constitution.  Such epithets, he stated,

are not protected speech and add nothing to the exchange of ideas at the

university.

 

     Regent Clusen pointed out that the proposed code not only would address

racism but also harassment of women.

 

     Regent Davis commented that, while the media and others have portrayed

this as simply a free speech issue, the real issue is the responsibility of

the Board of Regents to assure every student the opportunity to get an

education without being verbally assaulted.  Noting the Board's responsibility

for the university environment, he disagreed that the rule would create two

classes--those who have a right to speak and those who do not.  Without the

rule, he thought the two classes being created would be those who enjoy their

college experience and those who suffer through it and are told it is a small

price to pay for a college education.  Pointing out that students are paying

customers, he did not believe they are paying to hear that the Board cannot do

anything about conduct in the university setting.  Enrollments at historically

black colleges and universities are at all-time high levels, meaning that

students of color are voting with their feet because they are increasingly

unwilling to pay that "small price" for their education.

 

     He concurred that the Board also has the responsibility to maintain the

free flow of ideas, open debate and intelligent discourse.  The airing of any

ideas, including demeaning ideas, are specifically allowed under the proposed

rule.  The rule only prohibits verbally assaulting people in a manner that

would invoke a violent response.  To him, the choice was for the Board either

to permit, and thus condone, harassment of children of color and women, or not

to permit such harassment; either to deny children of color the right to go to

school in peace or not to deny them that right.  Courts and lawyers, he said,

will tell the Board if it has gone too far, but children of color and women

are telling the Board it has not gone far enough. 

 

     While he had come to the 1989 debate opposed to the original rule, he had

changed his position as he listened to students describe hostile and demeaning

environments on UW campuses.  He was struck particularly by the testimony of

an Hispanic student who stated that he did not want to stifle any debate and

did not want any special treatment.  He just wanted to go to class without

being subjected to racial slurs.  He just wanted the same positive experiences

that the average student expects and demands.

 

     It is the Board's responsibility, Regent Davis stated, to use every tool

at its disposal to provide an environment conducive to a positive educational

experience.  Therefore, he intended to vote for the rule and urged his

colleagues to do likewise. 

 

     Regent Dreyfus commented that to view students as children would be

paternalistic.  With respect to verbal discourse, he stated, the test of

belief in free speech is the willingness to defend the right to hear those who

have repugnant ideas.  If there is any place where ignorance should be

utterable, he said, it should be on a university campus.  A campus should not

be more restrictive than the general society. 

 

     Regent Krutsch rejected characterization of those opposed to the rule as

condoning racist harassment.  There was a unanimous vote in Committee, she

pointed out, for Resolution 6041 which expressed abhorrence of such behavior.

 

     Regent Davis commented that, if the Board permitted behavior when it had

the ability to preclude the behavior, then it must accept that those who

perpetrate acts do so with the full knowledge that the acts are permitted, and

that their behavior, while being verbally chastised, is not being restricted

by force of rule.

 

     While he supported the airing of repugnant ideas, he said that is not the

issue in this rule.  Instead, the issue is verbal assault.  Throughout the

nation's history, he remarked, when threatened by some form of speech the

majority has acted to restrict that speech.  As examples, he cited the

prohibition against crying "fire" in a crowded theater, against giving false

information in a business transaction, against disturbing the peace, against

threatening the nation's leaders, against speaking about defense secrets, and

against speech which constitutes sexual harassment.  Like "pure milk," he

said, free speech had been altered to suit majority tastes and interests.  It

is in the interest of the state and the university to have a diverse student

body, he stated.  To be consistent with past behavior and to protect that

majority interest, the rule against verbal assault should be adopted.  

 

     Regent Hirsch stated that, as one who had often experienced epithets and

other harassment because he is Jewish, he has sympathy for those who support

the rule, but knows from personal experience that the effective way to change

such behavior is education and persuasion.  Use of a rule to sanction such

behavior, he felt, will only produce resentment and no change in attitude.

 

     Put to a roll-call vote, Resolution 6040 was adopted with Regents Barry,

Clusen, Davis, Flores, Gelatt, Grover, Lubar, Lyon, and Schilling (9) voting

for the resolution, and Regents Dreyfus, Grebe, Hirsch, Krutsch, Nicholas and

Steil (6) voting in opposition.

 

                                       -

 

     Statement of Basic Principles

 

     Adoption by the Board of Regents of the following resolution was moved by

Regent Grover and seconded by Regent Schilling:

 

                       True learning requires free and open debate, civil

                       discourse, and tolerance of many different individuals

                       and ideas.  We are preparing our graduates to live and

                       work in a world that speaks with many voices and from

                       many cultures.  Tolerance is not only essential to

                       learning, it is an essential to be learned.  The UW

                       System is built upon these basic values and will act

                       vigorously to defend them.  Each UW institution will

                       maintain an environment conducive to teaching and

                       learning that is free from intimidation for all

                       students.

    

                       The Board of Regents condemns discriminatory harassment

                       in any form.  It is the policy of the Board to pursue

                       civil and criminal remedies and to apply appropriate

                       provisions of UWS 17 to respond to the assaultive and

                       violent conduct, physical threats and intimidation, and

                       destruction of property that may be associated with

                       discriminatory verbal harassment.

 

                       We call on all members of the university and the wider

                       community to honor and embrace the spirit of this

                       resolution.  Further, we call on our institutions to

                       actively promote through educational experiences the

                       values of tolerance and diversity so essential to the

                       free exchange of ideas and a productive learning

                       environment.

 

                                      

     Regent Dreyfus moved that the word "verbal" be stricken from the last

line of the second paragraph, and the motion was seconded by Regent Gelatt.

 

     Regent Flores remarked that, if the word were removed, the resolution

might be viewed as not applying to verbal harassment and might weaken the

intent of the proposed rule. 

     

     Regent Gelatt stated that he had seconded the motion with the intent of

making the resolution a broader statement of principle.  The proposed rule

would have a narrow application, and he thought it important to make a broad

statement that everything possible will be done to eliminate all forms of

harassment from UW campuses. 

 

     Regent Lubar expressed support for the resolution in its current form.

 

     Regent Barry agreed with Regent Gelatt and suggested there be unanimous

consent to amend the resolution as suggested. 

 

     Regent Steil also believed that the amendment broadened the intent of the

resolution.

 

     Regent Grebe asked if use of the word "verbal" in the resolution and the

proposed rule applies only to oral speech or to written speech as well.

Senior Counsel Hodulik replied that it applies to both oral and written

speech.

 

     Regent Lubar stated his preference for a unanimous vote for the

resolution.

 

     Put to the vote, the amendment was adopted unanimously.

 

     The question then was put on the resolution as amended, and it was

adopted unanimously.

 

     Resolution 6041:  True learning requires free and open debate, civil

                       discourse, and tolerance of many different individuals

                       and ideas.  We are preparing our graduates to live and

                       work in a world that speaks with many voices and from

                       many cultures.  Tolerance is not only essential to

                       learning, it is an essential to be learned.  The UW

                       System is built upon these basic values and will act

                       vigorously to defend them.  Each UW institution will

                       maintain an environment conducive to teaching and

                       learning that is free from intimidation for all

                       students.

    

                       The Board of Regents condemns discriminatory harassment

                       in any form.  It is the policy of the Board to pursue

                       civil and criminal remedies and to apply appropriate

                       provisions of UWS 17 to respond to the assaultive and

                       violent conduct, physical threats and intimidation, and

                       destruction of property that may be associated with

                       discriminatory harassment.

 

                       We call on all members of the university and the wider

                       community to honor and embrace the spirit of this

                       resolution.  Further, we call on our institutions to

                       actively promote through educational experiences the

                       values of tolerance and diversity so essential to the

                       free exchange of ideas and a productive learning

                       environment.

 

                                       -

 

     Report of the Vice President

 

                         Introduction of UW-Extension

                    Administrative Leadership Program Class

 

     In his report to the Education Committee, Vice President Portch

introduced the members of the first class of the UW-Extension Administrative

Leadership Program.  The program aims to strengthen the leadership of faculty

and administration within UW-Extension. 

 

                       American Chemical Society Awards

 

     The Committee was informed that the American Chemical Society Committee

on Chemical Education has designated 22 student affiliate chapters as

outstanding for the 1990-91 academic year.  Among those so designated are the

student affiliate chapters at UW-Eau Claire and UW-Milwaukee.

 

                                       -

 

 

     Revision of Mission Statement: UW-Stout

 

     The Committee discussed a proposed revision of mission statement for

UW-Stout, which has made a request for entitlement to plan an undergraduate

program in manufacturing engineering.  However, the current select mission

statement of UW-Stout does not include manufacturing engineering, and the

Board would have to approve a change in the mission statement in order to

allow the university to implement the program.  Vice President Portch informed

the Committee that, based on the report and recommendations of consultants, he

has concluded that UW-Stout should be given an entitlement to plan a new B.S.

in Manufacturing Engineering.  The Committee agreed with this conclusion.

 

     In discussion at the Board meeting, Regent Gelatt asked if revision of

the mission statement would come to the Board for approval, and President Lyon

replied that the proposed revision is expected to be brought to the Board in

February 1993.

 

                                       -

 

     ORB 92/2: Trends in Degrees Conferred

 

     The Committee discussed Occasional Research Brief 92/2: Trends in Degrees Conferred. 

 

                                      -

 

 

     Undergraduate Teaching Improvement Awards

 

     Undergraduate teaching improvement awards for 1992-93 were announced.

 

 

                                     - - -

 

 

REPORT OF THE BUSINESS AND FINANCE COMMITTEE

 

     Consent Agenda Items

 

     Regent Gelatt, Chair, reported for the Committee.

 

     Regent Gelatt presented the following resolutions which were approved

unanimously by the Business and Finance Committee, and moved their adoption as

consent agenda items by the Board of Regents.  The motion was seconded by

Regent Nicholas and carried with Regent Davis abstaining on Resolution 6044.

 

     Amendment of Authorization to Sign Documents

 

     Resolution 6042:  That, on the recommendation of the President of the

                       University of Wisconsin System, Regent Resolution #5945

                       approved by the Board on November 8, 1991, be

                       rescinded; and that the following revised resolution be

                       approved effective immediately:

 

                       That any of the following corporate or administrative

                       officers of the University of Wisconsin System --

                       Secretary, Associate Secretary, Assistant Secretary of

                       the Board, the President, any Vice President, and any

                       administrative officer or administrative assistant

                       designated by the President of the University of

                       Wisconsin System -- is authorized to sign:

 

                       1.  Proposals, agreements, contracts and contract

                           supplements for research work or any other purposes

                           upon approval of the project by the President or

                           any Vice President of the University of Wisconsin

                           System or the appropriate chancellor or designee

                           with the following extramural entities:

 

                           United States Government, any of its agencies or

                           departments, any state or municipality or any

                           agency or department thereof, or any non-profit

                           organization.

 

                       2.  Certifications, releases, inventory reports, and

                           other documents as required by the government in

                           connection with the termination of the contracts

                           with the federal government for research and

                           educational services furnished by the University of

                           Wisconsin System.

 

                       3.  Applications, notices, bonds, and other instruments

                           required by the federal government in connection

                           with matters relating to federal laws and

                           regulations for the purchase and use of tax-free

                           alcohol in the laboratories of the University of

                           Wisconsin System.

 

                       4.  Purchase orders and other instruments required by

                           the federal government for the procurement of

                           narcotics for use in the laboratories of the

                           University of Wisconsin System and in University

                           Hospitals.

 

                       5.  Grants, contracts, leases, and agreements with

                           private-profit making organizations, with the

                           understanding that those in excess of $200,000

                           require formal acceptance by the Regents prior to

                           execution.

 

                       6.  Royalty agreements with the University of Wisconsin

                           Press.

 

                       7.  Transactions of the University of Wisconsin

                           System's employee savings bonds accounts.

 

                       Grants, contracts, leases and agreements, including

                       royalty agreements with the University of Wisconsin

                       Press, will be reported to the Regents at each

                       subsequent meeting.

 

                                       -

 

 

     Review of Recurring Reports

 

     Resolution 6043:  Whereas the Board of Regents, at its December 6, 1991

                       meeting unanimously adopted Resolution 5969 stating

                       that all required reports to the Board are to be

                       sunsetted effective July 1, 1992, with the proviso

                       that, prior to that date, each Board Committee would

                       provide an opportunity to consider requests for

                       restoration of reports that have been required and are

                       recommended for sunsetting, and

 

                       Whereas, at its February meeting, the Business and

                       Finance Committee reviewed and discussed the

                       recommendations of the Vice President for Business and

                       Finance relating to the listed reports, and made its

                       recommended changes,

 

                       Therefore, be it resolved that the federal,

                       legislative/state and Committee or Board mandated

                       reports be discontinued or recommended for continued

                       submission, at the frequency indicated, until the

                       committee and/or the Board shall otherwise determine.

 

              SOURCE OF MANDATE

            FREQUENCY

    RECOMMENDATION

Federal:

 

 

  UW System financial audit (as

   required by OMB Circular

   A-133)

Biennially

Continue

Legislative/State:

 

 

  Compensation guidelines

    [s. 36.09(1)(J)] 

Annually

(Feb in even

years, June in

odd years)

Continue

  Biennial compensation request

Biennially

(Oct/Nov of

even years)

Continue

   Approval of biennial budget

    request

Biennially

(Oct/Nov of

even years)

Continue

  Approval of final decision

   rules for annual operating

   budget allocation

   [s. 36.09(1)(h)]

Annually (June)

Continue

  Approval of annual operating

   budget [s. 36.09(1)(h)]

Annually (July)

Continue

  Salary adjustments due to

    competitive factors

    [s. 36.09(1)(j)]

Annually (Sept)

Continue

  Sick leave usage

    [s. 40.05(4)(bp)(2.c.)]

Annually (Sept)

Discontinue

once all

institutions

are in

compliance

  Quality Reinvestment Program:

   Effect of enrollment

   reductions on the

   availability of resources

   [s. 36.47]

Annually

through June

1994

Continue

through 1993-

94 only

Board of Regents:

 

 

  Gifts and grants

Monthly

Continue

  Bequests

As received

Continue

  Financial status of UW System

Thrice yearly

(Feb, May, Oct)

Change to

semi-annual

report in

February and

October

  Investment performance

 

Quarterly (Feb,

May, Sept, Nov)

Continue

  Trust fund proxy report

Quarterly (Jan,

April, Aug,

Oct)

Discontinue

  Informational report on

   unclassified pay plan and

   salary adjustments

Annually

(September)

Continue

  Academic staff salary grade

    and title structure

Annually

(April)

Continue

  Tax Sheltered Annuity program

   for employees

Annually

(April)

Continue

  UW-Madison Athletic

   Department financial status

Semi-annually

(June and

December)

Change to

annual report

in June until

deficit has

been

eliminated and

then

discontinue.

  Competition policy

As needed

 

  Trademark licensing

As needed

 

  Management Information

   Systems Strategic Planning

Annually

(May/June)

Continue

  Supplies & Expense Task Force

   report

Annually

(May/July)

Discontinue

after July,

1993

  Internal audit schedule

Annually (May)

Continue

  Internal audit update

   including but not limited

   to:

   Response to Legislative

   Audit Bureau reports

   NCAA Division I audits

   (MIL,GBY)

 

Quarterly

(Feb, April,

July, Oct)

Continue                    -

 

     Approval of Gifts, Grants and Contracts

 

     Resolution 6044:  That, upon recommendation of the President of the

                       University of Wisconsin System, the gifts, grants and

                       contracts presented at this meeting (copy on file with

                       the papers of this meeting) be accepted, approved,

                       ratified and confirmed; and that, where signature

                       authority has not been previously delegated,

                       appropriate officers be authorized to sign agreements.

 

                                      ---

 

     Restructuring of University Hospital and Clinics

 

     Restructuring of the University Hospital and Clinics was discussed in a

Business and Finance Committee session to which all Regents were invited.

Representatives from the various medical areas spoke in favor of the

restructuring proposal.  Regents asked a number of questions regarding the

existing structure, the state's share of the funding of the current hospital

facility and the amount of state support given to the operation of the

hospital.  Vice Chancellor Noren outlined the tentative timetable which begins

with Regent support of the conceptual guidelines.  More specific guidelines

will be developed by July of this year.  Subsequent to internal approval, the

specific guidelines will be presented to the Board in September 1992.  If

approved by the Board, a request for legislative approval would follow during

the biennial budget session early in 1993.

 

     It was moved by Regent Gelatt, seconded by Regent Steil and carried

unanimously that the following resolution be adopted by the Board of Regents.

 

     Resolution 6045:  That, upon the recommendation of the Acting President

                       of the University of Wisconsin System and the

                       Chancellor of the University of Wisconsin-Madison, the

                       resolution approved by the Faculty Senate and endorsed

                       by the Hospital Council of Trustees presented at this

                       meeting be approved.

 

                                       -

 

     UW-Madison:  McClimon Track

 

     Regent Gelatt reported that the Business and Finance Committee, in

conjunction with the Physical Planning and Development Committee, heard a

presentation from the UW-Madison Athletic Department on reconfiguring the

McClimon Track to include a soccer field.  The 1992-93 Athletic Department

budget, as approved by the Athletic Board, includes a $65,000 payment for a

20-year period for debt service on this project.  Any donations received for

the project would be used to reduce the amount of bonding required.  Because

this project would delay reduction of the Department's deficit, Regents Gelatt

and Hirsch voted against the resolution.

 

     Regent Steil moved adoption by the Board of Regents of Resolution 6046

and the motion was seconded by Regent Nicholas.

 

     Resolution 6046:  That, upon recommendation of the University of

                       Wisconsin-Madison Chancellor and the Acting President

                       of the University of Wisconsin System, approval be

                       granted for an annual expenditure not to exceed $65,000

                       for twenty years for the payment of debt service on the

                       McClimon Track and Soccer Field project beginning in

                       1992-93.  The maximum debt which may be incurred for

                       Phase 1 of the project is $723,650.  That maximum is to

                       be reduced by the amount of donations given for this

                       project at the time of bonding.

 

     Regent Gelatt explained his opposition to the project as related to the

slow progress being made by the Athletic Department to repay its deficit.

When the Board of Regents approved the 1991-92 budget in July 1991, it was

projected that the Athletic Department would pay off $610,000 of the remaining

$1.9 million deficit in the current year.  In November 1991, the Department

requested to spend more money and to reduce the amount of the deficit paid

this year to $464,000.  While the Board approved the additional authority,

Regent Gelatt opposed the request on the basis that it is time to get the

deficit paid and to ask for a date certain by which it will be paid.  In the

budget presented at this meeting, the Department projects a total repayment of

only $300,000 this year.

 

     Regent Gelatt noted that an emergency was declared in 1989 because the

deficit, which had been $200,000 in 1985, had grown to $1.3 million.  A $10

per-student, per-semester, segregated fee was put in place to pay for

athletics along with a parking fee for faculty and staff.  The total of those

two amounts is in excess of $1.2 million a year.  The previous year's budget

paid $80,000 of the deficit.  If the additional money provided to pay off the

deficit is subtracted, the operating deficit for the year was $1.2 million.

Rather than being used to pay the deficit, the additional money has been used

to pay for additional operating expenses to build the department.

 

     It is important to make the point that no area of the university can

conduct business as usual in this time of financial stress, Regent Gelatt

stated.

 

     The two objectives of the proposal are to resurface the track, which is

already funded by a court settlement, and to provide a new soccer field.

There has never been a competitive soccer field on the campus, he noted, but

there have been a number of proposals over time to construct one.  One of the

most recent proposals was to convert intermural baseball playing fields into

soccer fields and to add lighting to other baseball diamonds so that they can

be used more hours of the day.  That was turned down at the time because of

opposition to such lighting on campus.  However, Resolution 6057, provides

$110,000 for lighting of the Natatorium East playing field for recreational

sports--the same amount that was turned down when the attempt was made to

build a soccer field.

 

     Regent Gelatt, therefore, recommended tabling the resolution and asking

the Athletic Department to review their options.

 

     Athletic Director Pat Richter commented that the Department cannot stand

still but must set priorities and make reinvestments.  Noting that the

reduction in revenue from football attendance alone from 1985 to 1989 totaled

more than the accumulated deficit, he said the Department had moved in a short

period of time to improve that program.  It is his belief that the football

program will provide the additional revenue that is needed to put the

Department in sound fiscal condition.  While the deficit had not been reduced

on the most desirable timetable, he thought it important to take into account

the inherent fluctuations in college athletics and the reliance on program

revenue to sustain activities.

 

     Successful programs, he noted, are the ones that attract the most

contributions.  The 1991-92 budget is not dependent on contributions for

operating revenues.  Instead, donations are being solicited for endowment

purposes.

 

     It is also important to recognize, Mr. Richter stated, that the deficit

has not increased in a time when college athletics across the nation are under

financial stress.  Without the $750,000 in segregated fees, the Department

would be in a much worse position.  While segregated fee support continues to

be needed at this time, he hoped that would not be the case in the future.

 

     Regent Flores asked if the Department's financial health hinges entirely

on football attendance.  Mr. Richter replied that revenue sources had been

diversified but that the Department's financial well being does hinge on

returning to prior football attendance levels.  The budget projected a modest

increase in football revenues for the coming year.

 

     He viewed the track/soccer complex as a reinvestment in sports involving

20 percent of the Department's athletes.  If nothing is done now, it will be

necessary to defer the project for about ten years, until the track again

needs resurfacing.  Currently, the soccer teams are dependent on use of Breese

Stevens Field, which is too heavily scheduled for use by other teams.  Booster

clubs have committed to paying half of the obligation, with the other half to

be paid by the Department.  The urgency in scheduling this project is due to

terms of a settlement with the supplier of the track. 

 

     Regent Nicholas commented that, while he agreed with Regent Gelatt's

concern about the financial situation, he believed Mr. Richter's explanation

justified proceeding with the project.  He felt the Athletic Department is

making strong progress and noted it has a financial surplus and is not using

tax dollars for its programs.  He considered the timing appropriate because of

the settlement and thought it desirable to bring the soccer games to the

campus.  While there is some risk, he thought the facility should be completed

as soon as possible.  He stated his strong support for the Athletic Department

under the leadership of Mr. Richter and his belief that the Department is

moving in the right directions. 

 

     In response to a question by Regent Davis, Regent Gelatt said the

$723,500 to be spent for the combined track and field was not projected at the

time the plan for paying the deficit was formulated; nor was it projected at

the time of the settlement in 1991. 

 

     In reply to a question by Regent Dreyfus, Mr. Richter explained that, in

the worst case, if no money is donated for the project, the $723,500 cost

would be amortized over a 20-year period.  The maximum expected payment from

department dollars would be $32,500, which he considered a good investment

since it would benefit so many athletes.

 

     Regent Dreyfus commented that the real decision is whether to expand

facilities and, in doing so, make less progress in reducing the deficit.

 

     Regent Grebe asked if the Athletic Department sees on the horizon any

other special opportunities for reinvestment.

 

     Mr. Richter replied there is a priority wrestling project and finishing

of the McClain Athletic Facility, as well as continuing discussions about the

Field House.  At this point, they considered the track/soccer project to have

the most immediacy.  Others could not be financed without substantial funding.

 

     Regent Lubar commented that the Athletic Department deficit is being

resolved, with the primary solution being to increase football revenue.  He

felt it would be a mistake to lose the opportunity to build a soccer field for

this popular sport in which both the women's and the men's teams excel. 

 

     Noting that five non-income sports had been terminated the previous year,

Regent Lyon considered it beneficial that this proposal will reinvest in non-

income sports.  When the $10 per semester segregated fee was instituted, it

was generally thought to be in support of non-income sports.  If that fee is

to be maintained, he thought it important to reinvest in that area.  He also

agreed that soccer is a growing sport, and a good facility is needed in order

to keep good athletes involved in it.

 

     Regent Gelatt moved to table the resolution and ask the Athletic

Department to bring proposals to the April meeting on alternatives for

providing a competitive soccer field.  The motion was seconded by Regent

Schilling.

 

     Put to a roll-call vote, the motion failed with Regents Clusen, Dreyfus,

Gelatt, Grebe, Hirsch and Schilling voting in the affirmative (6) and Regents

Barry, Davis, Flores, Grover, Krutsch, Lubar, Lyon, Nicholas and Steil voting

in opposition (9).

 

     Mr. Richter explained that delay would place the project in jeopardy

because of the need to make a final determination in accord with the

settlement. 

 

     Regent Krutsch asked if there are any other reasonable alternatives for a

soccer field that would cost less than this proposal.  Secondly, she asked

about experience with the kind of donors who would likely contribute to a

soccer and track facility. 

 

     Mr. Richter replied that the Department is targeting donors identified as

soccer or track enthusiasts and that other funds that come to the Department

will not be diverted for this project.  With regard to alternatives, he

explained that the soccer team practices on the recreational sports field

which is not self-contained and is not fenced to control access.  If built

inside the track, access control would be provided.  Although the old baseball

diamond would be a possible site, drainage on that area is a problem and a

reconfiguration would be necessary.  Even then, he considered it an

undesirable alternative. 

 

     While he thought the project merited consideration, Regent Hirsch felt

compelled to vote against it because of student concern about the segregated

fee.  When instituted, it was viewed as a temporary measure, but now is being

built into the athletic budget for the undetermined future.  Noting that the

goal of the students and of the Athletic Department is to reduce the deficit,

he recalled that in November 1991 Regent Gelatt asked if it could be expected

that the deficit will be eliminated by June 1, 1995.  The Athletic Department

chose not to commit to that date and is now projecting a date of June 1, 1997.

Students are concerned about whether the fee will be continued beyond the

deficit reduction date and do not wish the fee to become a permanent budget

addition. 

 

     Regent Nicholas commented that, while all are concerned about the

Department's financial condition, there is great hope and much optimism about

the future.  Donations could improve considerably with more success in

football and basketball and with a recovery in the economy.  With increases in

football attendance, the department's financial condition could be very strong

in coming years.  He urged the Board to support the Athletic Director's

recommendation. 

 

     Regent Barry commented that one of the worst mistakes a business can make

is not to look to the future during difficult times and to miss an opportunity

which may not arise again.  In this case, what would be lost is the

opportunity to combine these sports.  The ultimate result would be two

separate sites on valuable land.  Also lost would be the opportunity to

increase soccer revenues.  Therefore, he urged looking to the future and

approving the project.

 

     Regent Schilling asked how to escape the fact of spending money the

Department does not have, when no other unit of the university would be able

to do that.

 

     Regent Nicholas replied that the budget would still be in surplus even

with the $65,000 expenditure to service the debt.

 

     Regent Dreyfus challenged the notion that the decision must be made this

month.  While the time frame might be tight, he thought the project still

could be done if the decision were made by the Board in April.

 

     Duane Hickling, Director of UW-Madison Campus Planning, noted that, after

Regent approval, authorization from the Building Commission is needed.  The

asphalt must be laid in May because it requires a 30- to 45-day curing time.

That would allow reinstallation of the track early in September.  If there is

delay, the curing time would be delayed until late fall, which would

jeopardize installation of the track.  In that case, he felt, the project

would have to be delayed until the next year. 

 

     Asked by Regent Dreyfus if he agreed with that assessment on timing, Vice

President Brown said he did not think a month's delay would mean the project

could not be done this year.

 

     Put to the vote, the resolution was adopted with Regents Gelatt,

Schilling, Hirsch and Dreyfus voting in opposition.

 

                                       -

 

     Total Quality Management, UW-Madison

 

     Regent Gelatt reported that Michael Williamson, special assistant to

Chancellor Shalala, gave an interesting presentation on how UW-Madison has

implemented the total quality management philosophy, with specific examples of

success in the financial aid check distribution process and graduate school

admissions process.  Stating that this was a most impressive presentation,

Regent Gelatt commented that if such success can be achieved by total quality

management in other areas, it would be very much to the benefit of UW System.

 

                                       -

 

     Financial Status Report

 

     Vice President Poellnitz reported to the Business and Finance Committee

on the financial condition of the UW System for the six-month period ending

December 31, 1991.  Based upon the information presented, the institutions are

operating within the intent of the annual budget as approved by the Board.

Program revenue spending authority is being analyzed by System Administration

and any needed increases to meet program demands will be submitted to the

Department of Administration for approval.  Based upon first semester

projections of academic fees, collections will exceed budget estimates by $2

million.  Excess collections will be utilized to reduce future academic fee

increases in accordance with Regent policy. 

 

                                       -

     Additional Items

 

                             La Follette Institute

 

     Regent Lubar asked about proposed legislation to eliminate the La

Follette institute and was advised that the legislation had limited support.

He requested System Administration to provide the Committee with information

on the funding and position authorization for the Institute.

 

                                       -

 

                              Class Audit Policy

 

     Regent Nicholas asked about the status of the class audit policy and was

informed that a working group had been established to prepare a comprehensive

report.  He and Regent Steil urged that the matter be expedited.

 

                                       -

 

     Audit Subcommittee

 

                     UW-Milwaukee Affirmation Action Audit

    

     The Audit Subcommittee discussed the Legislative Audit Bureau's

evaluation of UW-Milwaukee enforcement of affirmative action policies.

Chancellor Schroeder stated that the LAB recommendations will be implemented.

Regent Steil asked that all staff at UW-Milwaukee be notified of the Board's

position and informed of whom to contact with any complaints.  Dr. Marian

Swoboda, Assistant to the President for Equal Opportunity Programs, assured

the Committee that sufficient Regent policies are in place and that her office

will be reviewing each institution to ensure grievance and sexual harassment

procedures are in place and are being followed.

 

 

                                     - - -

 

 

REPORT OF THE PHYSICAL PLANNING AND DEVELOPMENT COMMITTEE

 

     Regent Dreyfus, Vice Chair, presented the report.

 

     Consent Agenda Items

 

     As consent agenda items, Regent Dreyfus presented Resolutions 6047-6060

and moved their adoption by the Board of Regents.  The motion was seconded by

Regent Barry.

 

     Regent Davis asked if any written opposition was registered to the course

of action proposed in Resolution 6060.  Vice President Brown replied that

there was some opposition from Channel 47 participating in the arrangement.

There was no opposition, however, to building the tower. 

 

     Put to the vote, Resolutions 6047-6060 were adopted unanimously.

 

     UW-Madison: Authority to Construct Charter Street Heating Plant Steam

     Pressure Reducer/Desuperheater Equipment Replacement Project

 

     Resolution 6047:  That, upon the recommendation of the UW-Madison

                       Chancellor and the President of the University of

                       Wisconsin System, authority be granted to construct a

                       Charter Street Heating Plant Steam Pressure

                       Reducer/Desuperheater Equipment Replacement project for

                       an estimated total project cost of $250,000 of General

                       Fund Supported Borrowing - Utilities Repair/Renovation

                       Funds.

 

     UW-Madison: Authority to Purchase a Warehouse and Land

 

     Resolution 6048:  That, upon the recommendation of the UW-Madison

                       Chancellor and the President of the University of

                       Wisconsin System, authority be granted to purchase a

                       warehouse and approximately 1.58 acres of land at 630

                       West Mifflin Street, at a cost of $1,022,200 using

                       Program Revenue Supported Borrowing.

 

     UW-Madison: Approval to Increase Primate Center Annex Remodeling--

     Phase III budget

 

     Resolution 6049:  That, upon the recommendation of the UW-Madison

                       Chancellor and the President of the University of

                       Wisconsin System, approval be granted to increase by

                       $55,000 the Primate Center Annex Remodeling - Phase III

                       budget, from $1,616,500 to a revised total estimated

                       project cost of $1,671,500 ($1,344,600 Federal Funds

                       and $326,900 General Fund Supported Borrowing - All

                       Agency Funds).

 

 

     UW-Madison: Approval to Amend Lease of Space for UW Hospital and Clinics

     Sports Medicine Program

 

     Resolution 6050:  That, upon the recommendation of the UW-Madison

                       Chancellor and the President of the University of

                       Wisconsin System, approval be granted to extend and

                       amend the lease of approximately 16,129 square feet of

                       space for the UW Hospital and Clinics Sports Medicine

                       Program located at 3313 University Avenue.

 

                       Lessor:      BDB Investors, A Wisconsin Partnership

                                    502 North Eau Claire Street

                                    Madison, Wisconsin  53705

 

                       The current lease of space for the University of

                       Wisconsin Hospital and Clinics (UWHC) at 3313

                       University Avenue expires March 31, 1992, and will be

                       extended and amended to provide for the continued use

                       of 16,129 square feet (SF) of space for an 18-month

                       period beginning April 1, 1992 through September 30,

                       1993.  The amendment will also provide for three, six-

                       month renewals from October 1, 1993, provided at least

                       120 days written notice is given by the Lessee.  The

                       lease may be further extended for two additional

                       one-year periods.

 

                       The annual rental rate for the first year of the

                       amended lease will reflect an increase of 4% over the

                       current annual rental rate of $132,795.  That rate

                       represents the average of differing costs per square

                       foot for various types of space ranging from prime

                       storefront areas to storage spaces.  Each subsequent

                       April 1 through 1996, the annual rental rate will

                       reflect a 3% increase, in accordance with the following

                       schedule:

 

      Lease Period                                Term   Annual Cost  Cost/SF

 

     April 1, 1992 through March 31, 1993     ] 18 months $138,107   $8.56/SF

     April 1, 1993 through September 30, 1993 ]           $142,250   $8.82/SF

     October 1, 1993 through March 31, 1994      6 months $142,250   $8.82/SF

     April 1, 1994 through September 30, 1994    6 months $146,518   $9.08/SF

     October 1, 1994 through March 31, 1995      6 months $146,518   $9.08/SF

     April 1, 1995 through March 31, 1996       12 months $150,913   $9.36/SF

     April 1, 1996 through March 31, 1997       12 months $155,441   $9.64/SF

 

                       The amendment will also provide an option to lease an

                       additional 1,130 square feet of space effective April

                       1, 1992, at a monthly rental rate of $833.37 ($8.85/SF)

                       with annual 3% increases effective April 1, 1993 and

                       each subsequent April 1 through 1996.  Also, effective

                       July 1, 1992, or earlier if vacated by the current

                       lessee, the University may occupy an additional 2,200

                       square feet at a monthly rental rate of $2,200.00

                       ($12/SF) with an annual 3% increase  effective April 1,

                       1993 and each April 1 through 1996.  This area has a

                       higher per square foot cost due to its prime, store

                       front location.  Both options could provide space

                       needed for expansion or further consolidation of other

                       Sports Medicine programs, such as the Comprehensive

                       Spine Center.

 

                       The University will continue to fund the cost of all

                       utilities and services, which is estimated at $4.55/SF.

                       All other provisions of the base lease contract will be

                       unchanged.  Rental payments and the cost of utilities

                       and services will be provided from University Hospital

                       and Clinics' operating funds.

 

     UW-Madison: Approval of Design Report and Authority to Construct

     Chamberlin Hall West Wing Facility Upgrade

 

     Resolution 6051:  That, upon the recommendation of the UW-Madison

                       Chancellor and the President of the University of

                       Wisconsin System, the Design Report be approved and

                       authority granted to construct the Chamberlin Hall West

                       Wing Facility Upgrade - Phase I project, at an

                       estimated total project cost of $1,300,000, using

                       General Fund Supported Borrowing - Health, Safety and

                       Environment funds.

 

     UW-Madison: Approval for Three-Building Roof Replacements

 

     Resolution 6052:  That, upon the recommendation of the UW-Madison

                       Chancellor and the President of the University of

                       Wisconsin System, authority be granted to construct

                       roof replacement projects on the following buildings on

                       the campus at UW-Madison at a total cost of $839,000

                       using $664,000 of General Fund Supported Borrowing -

                       Facilities Repair and Renovation Funds and $175,000

                       Housing Division Program Revenue funds:

 

          Building                Roof Age/Priority      Budget

   

     a.  Stovall Hall (Hygiene Lab)       19/1           $ 134,000 (GPR)

     b.  Humanities Building              25/1             530,000 (GPR)

     c.  Ogg Hall                         28/1             175,000  (PR)

         TOTAL:                                          $ 839,000     

 

     UW-Madison: Approval to Construct Humanities Building and Elvehjem Museum

     of Art Deck Repair/Replacement Project

 

     Resolution 6053:  That, upon the recommendation of the UW-Madison Chancellor

                       and the President of the University of Wisconsin System,

                       authority be granted to construct a Humanities Building

                       and Elvehjem Museum of Art Ground Level Deck

                       Repair/Replacement project, on the campus at UW-Madison,

                       at an estimated cost of $190,000 of General Fund Supported

                       Borrowing - Facilities Repair and Renovation.

 

     UW-Stevens Point: Authority to Complete Land Trade; Adjust Campus

     Boundary; Construct Parking Lot X Redevelopment and Expansion

 

     Resolution 6054:  That, upon the recommendation of the UW-Stevens Point

                       Chancellor and the President of the University of

                       Wisconsin System, authority be granted to:

    

                       (a)    complete a land trade between the City of

                              Stevens Point, Saint Stanislaus Parish and the

                              University;

 

                       (b)    adjust the campus boundary as a result of the

                              land trades between the three parties; and

 

                       (c)    construct a Parking Lot X Redevelopment and

                              Expansion project, at an estimated total project

                              cost of $210,000 of Program Revenue Supported

                              Borrowing.

 

     UW-Stevens Point: Approval to Name a Room

 

     Resolution 6055:  That, upon the recommendation of the UW-Stevens Point

                       Chancellor and the President of the University of

                       Wisconsin System, authority be granted to name Room 027

                       in the Health, Physical Education, Recreation and

                       Athletic Building the "Brodhagen/Counsell Room."

 

     UW-Whitewater: Approval of Budget Increase for Irvin L. Young Multi-

     Purpose Auditorium

 

     Resolution 6056:  That, upon the recommendation of the UW-Whitewater

                       Chancellor and the President of the University of

                       Wisconsin System, authority be granted to increase by

                       $342,519 the budget for the Irvin L. Young Multi-

                       Purpose Auditorium, from $9,000,000 to $9,342,519 from

                       Gift Funds.

 

     UW-System: Approval of Minor Projects

 

     Resolution 6057:  That, upon the recommendation of the UW-Green Bay,

                       LaCrosse and Madison Chancellors and the President of

                       the University of Wisconsin System, authority be

                       granted to construct the following projects, at the

                       budgets and from the funding sources indicated,

                       summarized as follow:

 

                       General Fund Supported Borrowing:

                       Facilities Repair and Renovation Funds  $331,000   

                       Utilities Repair and Renovation Funds    244,000

                       Program Revenue Funds                    110,000

                                                               $685,000

 

                       (a)    UW-Green Bay:  Cofrin Library Carpet Replacement

                              project, $220,000, General Fund Supported

                              Borrowing - Facility Repair and Renovation

                              Funds.

 

                       (b)    UW-Green Bay:  Campus Walkway Lighting

                              Replacement project, $244,000, General Fund

                              Supported Borrowing - Utilities Repair and

                              Renovation Funds.

 

                       (c)    UW-LaCrosse:  North Hall Window-Wall Restoration

                              project, $111,000, General Fund Supported

                              Borrowing - Facility Repair and Renovation

                              Funds.

 

                       (d)    UW-Madison:  Natatorium-East Playfield

                              Recreational Sports Lighting project, $110,000,

                              Program Revenue Funds.

 

     Review of Recurring Reports

 

     Resolution 6058:  Whereas the Board of Regents, at its December 6, 1991

                       meeting unanimously adopted Resolution 5969 stating

                       that all required reports to the Board are to be

                       sunsetted effective July 1, 1992, with the provision

                       that, prior to that date, each Board Committee would

                       provide an opportunity to consider requests for

                       restoration of reports that have been required and are

                       recommended for sunsetting, and

 

                       Whereas, at its February meeting, the Physical Planning

                       and Development Committee reviewed and discussed the

                       recommendations of the Vice President for Physical

                       Planning and Development relating to the listed

                       reports, and

 

                       Whereas, neither the members of the Physical Planning

                       and Development Committee nor other members of the

                       Board have requested restoration of any report nor

                       suggested the elimination of any additional reports,

 

                       Now, therefore, be it resolved that the legislatively

                       mandated and Committee and/or Board-mandated reports

                       listed below are recommended for continued submission,

                       at the frequency indicated, until the Committee and/or

                       the Board shall otherwise determine:

 

Source of Mandate

      Frequency/Recommendation

 

Federally Mandated

 

There are no federally mandated

reports submitted to the Committee

 

Legislatively Mandated

 

Report to the Legislature Relating

to Solid Waste Experiment Centers

[1989 ACT 31m Sec. 36.25(3m)(e)]

 

 

Annually, in November, until the

requirement is rescinded by the

Legislature.

Sale of Surplus Lands (1983 ACT

27) submitted to Joint Finance    

Committee and Building Commission

January 1, and biennially

thereafter, until the requirement is

rescinded by the Legislature.

 

 

 

Land Information Report (1989 ACT

31)

 

 

March 31, 1990 and biennially

thereafter, directly to the Land

Information Board, as authorized by

the Board of Regents on 4-6-90.

UW System Land Holdings Report

(includes annual report on System

leased spaced, with total lease

commitment exceeding $100,000)

July 1 annually, with the report

including leases with a total lease

commitment exceeding $200,000. This

is consistent with the Board's

action on 11/08/91 (Resolution 2781)

relating to "Authorization to Sign

Documents," which raised this

threshold for contracts, leases and

agreements from $100,000 to

$200,000.

City/County Operating Budgets for

UW Centers

Annually, in May

Report of Campus Security Night-

Walk Inspections: to determine

lighting and other improvements

needed to increase campus

security.

Annually, through 1996, then review

to determine need to continue.

Special Reports Addressing

Elements of Responsibility for PPD

Committee: detailed information on

the programs and operations under

the purview of the Committee.

Monthly, at the request of the

Chair, until all aspects of bylaws

provisions have been addressed.

Periodic special reports to be

presented thereafter, as needed.

Report on UW-Madison University

Research Park: update on

activities at and plans for the

Park.

Annually, in April--oral report only

to be presented by the Chancellor or

Park Director.

 

Reports of Construction Contracts

and Change Orders Over $25,000

signed for projects within Regent-

approved budgets.

As needed, with dollar threshold

increased to $200,000, consistent

with the earlier referenced November

1991 Board action relating to

"Authorization to Sign Documents."

 

     UW System Auxiliaries Infrastructure Task Force Report

 

     Resolution 6059:  That, upon the recommendation of the Chancellors and the

                       President of the University of Wisconsin System, the

                       "Auxiliaries Infrastructure Task Force Report," dated

                       February 1992, is accepted and the recommendations

                       embodied in the Report endorsed.

 

     UW System: Granting of Authorizations Relating to WHA Candelabra Tower and

     Purchase of Channel 27 Property

 

     Resolution 6060:  That, upon the recommendation of the University of

                       Wisconsin System President, the following authorizations

                       relating to the WHA candelabra tower and purchase of the

                       Channel 27 property be approved:

 

                       (1)    to construct the candelabra tower and related

                              structures, at a cost of $3,882,000, funded by

                              Program Revenue Bonding Authority;

                       (2)    to request Department of Administration staff to

                              negotiate a taxable bond/note for the amount;

                       (3)    to enter into a lease agreement with the Motorola

                              Corporation for a period of 15 years, during which

                              Motorola would retire the debt and assume ownership

                              of the tower.  The Board of Regents would retain

                              ownership of the land.  A provision of this

                              lease/purchase would be that ECB and WHA be assured

                              of occupancy on the tower as long as it exists; 

                       (4)    to enable WHA to enter into a lease agreement for

                              occupancy on the tower at an initial rate of

                              $60,000 per year;

                       (5)    to purchase the Channel 27 property at a cost of

                              $1.9 million using Program Revenue Bonding

                              authority;

                       (6)    to enter into a lease with the University Research

                              Park for the Channel 27 property for a period of 20

                              years, during which the University Research Park

                              would retire the debt and assume ownership of the

                              property;

                       (7)    to request DOA staff to negotiate a taxable

                              bond/note for the amount.

 

                                       ---

 

     UW-Madison: McClimon Track

 

     Upon motion by Regent Dreyfus, seconded by Regent Steil, the following

resolution was adopted unanimously: 

 

     Resolution 6061:  That, upon the recommendation of the UW-Madison Chancellor

                       and the President of the University of Wisconsin System,

                       authority be granted to construct a 1991-93 McClimon

                       Running Track Replacement/Soccer Field Development - Phase

                       1 project, for a total cost of $1,050,000 ($723,500

                       Program Revenue Supported Borrowing and $326,500

                       contractor/manufacturer reimbursement).  Gift Funds, as

                       they become available, will be used to offset Program

                       Revenue expenditures.

 

     Campus Planning Reports

 

     Chancellor Kuipers, UW-La Crosse, and Chancellor Thibodeau, UW-River Falls,

described for the Physical Planning and Development Committee the positive

results achieved by intensive campus planning efforts at their respective

campuses.

 

                                        -      

 

     Report on Construction Standards

 

     This report to the Committee, requested by Regent Gundersen, showed that

there is an extensive system for establishing and reviewing standards in

construction, repair and remodeling of facilities.

 

                                        -

 

     Milwaukee-Civic Center Project

 

     The Committee received a report on the Milwaukee Civic Center project.  Its

purpose was to provide Regents with a summary of background information

previously conveyed in several separate reports.

 

                                        -

 

     1993-95 Capital Budget Guidelines

 

     At the Committee's request, Robert Brandherm, Administrator of the Division

of State Facilities Management, discussed budget guidelines for the 1993-95

capital budget, stating that funding will be limited and that emphasis must be

placed on maintenance as opposed to new construction.  Stating that the Committee

was very pleased that Mr. Brandherm attended the meeting to share his views and

opinions, Regent Dreyfus considered this a positive sign that communications with

the Department of Administration are improving markedly.

 

 

                                      - - -

 

 

     At 12:00 p.m., the following resolution, moved by Regent Davis, was adopted

on a unanimous roll-call vote, with Regents Davis, Dreyfus, Gelatt, Grebe,

Hirsch, Krutsch, Lubar, Lyon, Nicholas and Steil voting in the affirmative (10).

There were no votes in opposition and no abstentions.

 

     Resolution 6062:  That the Board of Regents recess into closed session to

                       consider employment matters, including annual evaluations,

                       for permission to offer a salary above executive salary

                       group six maximum, UW-Milwaukee, and for temporary base

                       salary adjustment which exceeds executive salary group six

                       maximum for an existing faculty member, UW-Madison, as

                       permitted by s. 19.85(1)(c), Wis. Stats.; To consider personal

                       histories concerning honorary degree nominations at UW-

                       Oshkosh, UW-Parkside and UW-River Falls, as permitted by

                       s. 19.85(1)(f), Wis. Stats.; and To confer with Legal Counsel,

                       as permitted by s. 19.85(1)(g), Wis. Stats.

 

 

                                      - - -

 

 

CLOSED SESSION ACTIONS

 

     The Board arose from closed session at 2:00 p.m., at which time the

following actions were announced:

 

     Approval to Offer Salary above Executive Salary Group 6 Maximum,

     UW-Milwaukee

 

     Resolution 6063:  That, upon recommendation of the Chancellor of the

                       University of Wisconsin-Milwaukee and the Acting President

                       of the University of Wisconsin System, the chancellor be

                       authorized to offer a salary above the Executive Salary

                       Group Six maximum for Peter R. Garcia, M.D., University

                       Physician, University of Wisconsin-Milwaukee.

 

     Temporary Base Salary Adjustment above Group 6 Maximum, UW-Madison

 

     Resolution 6064:  That, upon recommendation of the Chancellor of the

                       University of Wisconsin-Madison and the Acting President

                       of the University of Wisconsin System, a temporary base

                       salary adjustment of $3,800, resulting in a new rate of

                       C$89,586, be approved for John R. Nevin, Grainger

                       Wisconsin Distinguished Professor of Business, School of

                       Business, University of Wisconsin-Madison, for Semester

                       II, 1991-92.

 

     Honorary Degree, UW-River Falls

 

     Resolution 6065:  That, upon the recommendation of the UW-River Falls

                       Chancellor and the Acting President of the University of

                       Wisconsin System, Professor Fang Lizhi be awarded the

                       honorary degree of Doctor of Humane Letters at the

                       University of Wisconsin River Falls, subject to acceptance

                       by the nominee.

 

 

 

     The meeting was adjourned at 2:00 p.m.      

      Judith A. Temby, Secretary

April 3, 1992