Board of Regents
February 1993 Minutes of the BOR - University of Wisconsin System Board of Regents
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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, February 5, 1993
9:00 a.m.
- President Steil presiding -
PRESENT: Regents Barry, Budzinski, Davis, Dreyfus, Flores, Gelatt, Grebe,
Gundersen, Hirsch, Krutsch, Lubar, Nicholas, Schilling and Steil
ABSENT: Regents Grover, Hempel and Lyon
Approval of Minutes
Upon motion by Regent Dreyfus, seconded by Regent Schilling, the
minutes of the December 11, 1992, meeting of the Board of Regents were
unanimously approved as distributed.
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REPORT OF THE PRESIDENT OF THE BOARD
Resolution of Commendation: Donna E. Shalala
Regent President Steil presented Resolution 6311, which was
unanimously adopted by the Board with a standing ovation, upon motion by
Regent Dreyfus, seconded by Regent Gundersen.
Resolution 6311: Whereas, Donna Shalala has served with distinction
as chancellor of the University of Wisconsin-
Madison for 5 years; and
Whereas, Chancellor Shalala has contributed
substantially to the educational environment for
all students and the professional development of
faculty and academic staff; and
Whereas, these efforts have included improving
student access to classes, preserving quality in
undergraduate and graduate programs, and making the
university more "user friendly" to students and
families; and
Whereas, her energy and commitment on behalf of the
UW Foundation helped raise an unprecedented $338
million in private support, as well as initiate a
$225 million campaign to renovate and expand the
campus' internationally recognized complex of
research facilities; and
Whereas, Chancellor Shalala has nurtured important
business-&-community partnerships, locally and
internationally, with university researchers in the
fields of biomedicine, engineering, agriculture and
many others; and
Whereas, she initiated action to effectively
address issues of diversity and equity, and modern
management in academic settings; and
Whereas, recognizing the vital link between alumni
support and pride in athletic teams, Chancellor
Shalala both re-energized the UW-Madison athletic
department and challenged Bucky Badger for the job
of number-one cheerleader; and
Whereas, now, in departing UW-Madison to answer the
call of public service at the highest level, Donna
Shalala leaves Wisconsin having successfully
advanced the mission and resolve of one of the
nation's premiere public universities; and
Whereas, by her supreme dedication, boundless
energy and thoughtful leadership, the "Wisconsin
Idea" shall prosper in important new ways through
this decade and beyond.
Therefore, be it resolved that the Board of Regents
of the University of Wisconsin System highly
commends Donna Shalala for her outstanding service
as chancellor, extending sincere best wishes to her
as she begins her tenure as Secretary of the United
States Department of Health and Human Services.
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Report of the Council of Trustees, UW Hospital and Clinics
Regent Gundersen, Vice Chair, presented the Council's report.
At its meeting on February 4, 1993, the Council was advised by
Superintendent Gordon Derzon that the hospital's year-to-date financial
trends have been somewhat negative, with gross revenues under budget and
deductions from revenue greater than budget, resulting in a total net
patient revenue of $2.2 million less than budget. Overall revenues,
however, remain $4 milion in excess of expenses for the first half of the
fiscal year.
Mr. Derzon expressed concern regarding fiscal projections for the
remainder of the year and noted that hospital administration is developing
innovative mechanisms to tightly control costs. He said the hospital will
face difficult decisions over the next six months and beyond, as
administration develops the 1993-94 budget.
The Council then heard from Vice Chancellor Jay Noren, who informed
the trustees that because of his appointment as Chancellor of the
Minnesota Higher Education System effective March 15, 1993, UW Medical
School Dean Laurence Marton has been named Interim Vice Chancellor
beginning on that date. Additionally, a Center for Health Sciences
Advisory Council has been appointed to coordinate center-wide issues.
This Council comprises the deans of the School of Nursing, the School of
Pharmacy, and the School of Medicine. It is chaired by Nursing School
Dean Vivian Littlefield. Council of Trustees Vice Chair Gundersen
presented Dr. Noren with a framed certificate in recognition of his
contributions to the UW Hospital and Clinics during his eight-year tenure
as Vice Chancellor.
Also attending the meeting was Dr. David Kindig of the UW Medical
School's Programs in Health Management, who provided an outline of aspects
of health care reform currently being considered at the federal level.
Regent Gundersen pointed out that the word "reform" makes the individuals
who provide health care appear to be at fault for the problems of the
system. Instead, he thought it should be called health care "advancement,
availability and cost containment."
The Council also heard a presentation from Dr. William Erschler, head
of the geriatrics and gerontology section in the Department of Medicine,
who reviewed the geriatrics programs at the UW Hospital and the Veterans
Administration Hospital.
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Report of the Educational Communications Board
President Steil noted that Regent Davis had provided a written report
of the January 22, 1993, meeting of the Educational Communications Board.
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Report of the Vice President of the State VTAE Board
A written report of the January 27, 1993, meeting of the Wisconsin
Board of Vocational, Technical and Adult Education had been distributed by
Regent Barry.
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Report on Legislative Matters
Acting Vice President Judith Ward provided a written report.
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Appointments to Special Regent Committee for UW-Green Bay Chancellor
Regent Steil noted that he had appointed Regent Hempel to Chair the
Special Regent Committee for UW-Green Bay Chancellor, with Regents
Dreyfus, Gelatt, Lubar and Lyon as members.
- - -
REPORT OF THE PRESIDENT OF THE SYSTEM
Presentation: The University for Wisconsin
Noting that one of the primary goals for 1993 is to communicate more
effectively about the positive impact of UW institutions upon the citizens
and the communities of Wisconsin, President Lyall introduced as one part
of this effort an audio-visual program entitled "The University for
Wisconsin". The program, funded by gifts and personal participation of
alumni and community supporters, was designed to be used in speaking to
service clubs, alumni groups and other gatherings of university friends.
The video featured examples of the variety of ways in which the UW
System serves all age groups in all parts of the state. Some of these
examples could be surprising to viewers who think of the university solely
in its site-based teaching role. The video concluded with a series of
candid statements by ten Wisconsin citizens, each of whom makes a personal
statement about what the UW System has meant in his or her life or
community.
Use of this video tape, President Lyall remarked, accords with the
advice given at the February 4 meeting by Senator Jauch and Representative
Gruszynski that the UW should reach out and make people more aware of what
the university does for them and the opportunities it provides for all of
the citizens of the state.
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Approval of Nonpersonnel Actions
President Lyall noted that there is one legal services contract in
the report--at UW-Milwaukee, for instructional services to the School of
Business.
Adoption of Resolution 6312 was moved by Regent Schilling, seconded
by Regent Gelatt and unanimously carried by the Board.
Resolution 6312: That the report of nonpersonnel actions by
administrative officers to the Board of Regents and
informational 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.
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Impact of Governor's Budget on the UW System
President Lyall stated that Governor Thompson's proposed budget for
the UW System provides much good news, but also challenges the university
to do more with less.
The budget provides $9.5 million to allow a start on undergraduate
education initiatives for libraries, computers, and modern learning
techniques. The Governor also is recommending that financial aid be
funded to keep pace with tuition increases of about seven percent in the
first year and six to six-and-one-half percent in the second year,
excluding the supplemental tuition-funded initiatives at UW-Madison.
The balance of undergraduate initiatives is unfunded and there is a
$3.2 million permanent supplies and expenses base cut. Also not funded
are agricultural and natural resources initiatives; urban schooling;
parenting and health care initiatives; environmental compliance; and
information technology.
The Governor's budget, President Lyall noted, included several key
recommendations of the bipartisan Commission on UW System Compensation
that will help the university get the most from its budget resources.
These include consolidating a number of line-item appropriations for more
efficient administration and the creation of faculty and academic staff
compensation funds, including pay plan and fringe benefits and a one
percent market adjustment, which would be de-coupled from other state pay
plans and administered by the Regents as a single pool.
This would leave with the Legislature control over the total dollars
to be spent but would provide the university more control over the
allocation of those dollars within and among institutions to better meet
the most urgent needs and to reward solid performers as well as stars.
The Commission, which included citizens and legislators, as well as
Regents, faculty and staff, also challenged the UW to be more creative,
innovative and accountable. The UW System accepts that challenge,
President Lyall stated, and will work with the Governor and the
Legislature to continue efforts at accountability and effective management
of existing resources.
In response to a question by Regent Gundersen, President Lyall
indicated that the Board's biennial budget request for hazardous waste
disposal is not included in the budget submitted by the Governor to the
Legislature.
Regent Gundersen suggested that legislative attention be called to
this request in the interest of proper stewardship of the university.
President Lyall indicated that this will be done as part of the UW's work
with the Legislature on budget issues.
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Report on Institutional Development and Fund Raising
Reporting that the chancellors had recently participated in a
professional seminar on institutional development and fund raising,
President Lyall noted a heightened awareness that private gifts provide
the margin of excellence the UW needs to maintain innovative programs.
She and the chancellors planned to spend larger shares of their time in
this pursuit in the coming year.
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Announcements
Distinguished Alumnus Award to Regent Davis
President Lyall congratulated Regent Davis on having been chosen as
the 1993 Distinguished Alumnus of the University of Chicago School of
Business.
Regent Emeritus John Schenian
It was reported by President Lyall that John Schenian, who had served
as the first student Regent, has returned to Wisconsin and is employed as
patent attorney with Kimberly Clark.
Textbook Authored by Chancellor Thibodeau
President Lyall congratulated Chancellor Thibodeau, of UW-River
Falls, for authoring a best-selling textbook in anatomy and physiology.
Best Wishes to Vice Chancellor Noren
President Lyall extended best wishes to Jay Noren, UW-Madison Vice
Chancellor for Health Sciences, who had been appointed Chancellor of the
Minnesota Higher Education System effective March 15, 1993.
- - -
REPORT OF THE EXECUTIVE COMMITTEE MEETINGS OF JANUARY 6 AND 21, 1993
The minutes of the Executive Committee meeting of January 6 and 21,
1993, are attached to these minutes as EXHIBIT A.
- - -
REPORT OF THE BUSINESS AND FINANCE COMMITTEE
The Committee's report was presented by Regent Gelatt, Chair.
Presenting Resolutions 6313 to 6316, which had been approved by the
Business and Finance Committee, Regent Gelatt moved their adoption by the
Board of Regents as consent agenda items. The motion was seconded by
Regent Gundersen and carried, with Regents Davis and Hirsch abstaining
from the vote.
Approval of Gifts, Grants and Contracts
Resolution 6313: That, upon recommendation of the President of the
University of Wisconsin System, the gifts, grants
and contracts presented at 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.
Authorization to Sign Documents
Resolution 6314: That, on the recommendation of the President of the
University of Wisconsin System Regent Resolution
#6042 approved by the Board on March 6, 1992 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 and in University
Hospitals.
5. Grants, contracts, leases, and agreement 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 monthly to
the Vice President for Business and Finance and
the Vice President for Physical Planning and
Development.
Harry Steenbock Fund
Resolution 6315: That, as recommended by the Chancellor of UW-
Madison and the President of the UW System, the
gift of Harry Steenbock of a Special Account held
by the Wisconsin Alumni Research Foundation be
accepted by the Board of Regents of the University
of Wisconsin System in accordance with the terms
and conditions specified; and that the Chancellor
of UW-Madison and the Assistant Trust Officer be
authorized to sign the Receipt and Agreement to
Administer and any other documents necessary to
effect the transfer for the benefit of the
UW-Madison.
Harry Steenbock Fund terms provide as follows:
a. Two-thirds of the income derived from the Harry
Steenbock Fund shall be distributed annually to
support research at the University in the fields
of natural sciences;
b. One-third of the income derived from the Harry
Steenbock Fund in each year shall be accumulated
and added to the principal balance of the Harry
Steenbock Fund;
c. No part of the Harry Steenbock Fund or the
distributed income thereof shall be used for the
purchase of equipment or shall be invested in
building projects.
(Harry Steenbock created this fund with patent
license royalty income in 1938 providing that WARF
hold the account until after the death of his wife.
Evelyn Steenbock died on October 19, 1992.
University Trust Funds received $4,893,263.58 on
December 30, 1992 to fund this trust account. The
Chancellor has designated the Dean of the Graduate
School as the administrator of the research support
distributions.)
UW System Custodial Services
Resolution 6316: That, upon the recommendation of the President of
the University of Wisconsin System, delegation of
the custody and clearance function to the State of
Wisconsin Investment Board (10-23-75) be rescinded
effective May 1, 1993 at the request of the State
of Wisconsin Investment Board. That, the Trust
Officer be authorized to; 1) open interim accounts
at Morgan Guaranty Trust Company (under a master
contract of the State of Wisconsin Investment
Board) and at Firstar Bank-Milwaukee (the state
working bank); and 2) initiate an Investment
Custodial Request for Proposals to identify a
permanent replacement to the State of Wisconsin
Investment Board.
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Continuous Quality Improvement Initiatives and Accomplishments
Continuous Quality Improvement Consultant Rohan provided the Business
and Finance Committee with an update on continuous quality improvement
initiatives and accomplishments to date. Ms. Rohan summarized CQI efforts
such as strategic quality planning, the formation of an advisory council,
and an upcoming visit to the IBM-Rochester site. Campus initiatives are
being taken to improve process management.
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Semi-Annual Financial Report
Vice President Marnocha presented financial statements to the
Committee, including transactions processed through December 1992.
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Travel Analysis
Pursuant to a request by the Business and Finance Committee in
December 1992, Vice President Marnocha provided additional information on
travel expenditures in the UW System. The following information was
highlighted: UW System total travel expenditures are slightly less than
the average of other Big Ten institutions. The GPO portion of the travel
expenditures decreased from 1989-90 to 1991-92.
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Report of the Vice President
Study on Research in UW-Madison
College of Agricultural and Life Sciences
UW-Madison Graduate Dean John Wiley addressed the Business and
Finance Committee on the Rural Development Center's study of privately-
sponsored research in the College of Agricultural and Life Sciences. He
pointed out that the existing requirement that for-profit research pay the
normal indirect cost rate will be strictly applied in the future.
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Internal Audit Report
Implementation of UW-Milwaukee Affirmative
Action Audit Recommendations
Internal Audit Director Brunkow presented the Second Quarter Internal
Audit Report to the Audit Subcommittee. Chancellor Schroeder reported
that UW-Milwaukee has made significant progress in response to
recommendations contained in the March 1992 Legislative Audit Bureau audit
which evaluated the enforcement of affirmative action policies at UW-
Milwaukee. The number of complaints handled has increased and the
processing time has been significantly decreased.
- - -
REPORT OF THE EDUCATION COMMITTEE
The Committee's report was presented by Regent Davis, Chair.
Consent Agenda Items
Presenting Resolutions 6317 to 6321, which had been approved
unanimously by the Education Committee, Regent Davis moved their adoption
by the Board of Regents as consent agenda items. The motion was seconded
by Regent Schilling.
It was noted by Regent Davis that in Committee discussion of
Resolution 6317, it was agreed, after hearing testimony by Julie Laundrie
of United Council, that System Administration would work with the
institutions to ensure that complaint procedures are adequately spelled
out.
Put to the vote, Resolutions 6317-6321 were adopted unanimously.
Implementation of s. 36.11(22), Wis. Stats.
Resolution 6317: Pursuant to 1989 Wisconsin Act 177, s. 36.11(22),
Wisconsin Statutes, the board hereby accepts the
report on implementation of the Act (the report on
orientation programs and information provided to
students on sexual assault and sexual harassment)
and directs that the report be submitted to the
chief clerk of each house of the legislature for
distribution to the appropriate standing committees
under s. 13.172(3).
Revisions to Faculty Policies and Procedures, UW-Milwaukee
Resolution 6318: That, upon recommendation of the Chancellor of the
University of Wisconsin-Milwaukee and the President
of the University of Wisconsin System, UW-Milwaukee
Faculty Document No. 1809 (the addition of sections
5.181 through 5.186 and amendments to sections
5.10, 5.15, 5.16, 5.161, 5.17, 5.18, Chapter 5, and
A2.3(3), supplement to Chapter 6, UW-Milwaukee's
Faculty Personnel Policies and Procedures), be
approved.
Authorization to Recruit Chancellor, UW-Green Bay
Resolution 6319: That, upon recommendation of the President of the
University of Wisconsin System, the Board of
Regents approves the Request for Authorization to
Recruit for a Chancellor of the University of
Wisconsin-Green Bay.
Wisconsin Distinguished Professor, UW-Milwaukee
Resolution 6320: That, upon recommendation of the Chancellor of the
University of Wisconsin-Milwaukee and the President
of the University of Wisconsin System, Carolyn R.
Aita be reappointed Wisconsin Distinguished
Professor, College of Engineering and Applied
Science, University of Wisconsin-Milwaukee, for the
period July 1, 1993 through June 30, 1998.
Named Professor, UW-Green Bay
Resolution 6321: That, upon recommendation of the President of the
University of Wisconsin System, David L. Outcalt be
appointed the Philip and Elizabeth Hendrickson
Professor, University of Wisconsin-Green Bay,
effective January 1, 1994.
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Enrollment Management III Planning for 1995-2000
At the first session of the meeting, to which all Regents were
invited, Senator Robert Jauch and Representative Stan Gruszynski made
presentations and joined in discussion about enrollment management and
about how to improve the discourse and sense of trust between the Regents
and the Legislature. It was agreed that forums between Regents and small
groups of legislators are very helpful in that regard.
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Report of the Senior Vice President
Announcements
Senior Vice President Portch reported to the Committee that the UW-
Whitewater Chapter of the Society of Physics Students has been designated
by the national office as one of 30 outstanding chapters in the country.
The Department of Public Instruction has provided UW-Stevens Point
with a $284,000 grant from the Office of Education, to serve as the lead
institution in eliminating the large number of emergency licenses for
teachers of the learning disabled and emotionally disturbed.
The HELP (Higher Education Location Program) office has put together
a bulletin that lists how individual advanced placement examinations will
be counted for credit at each UW institution. Regent Grover expressed his
pleasure at the university's response to the AP issue.
UW-Milwaukee Faculty Promotion
UW-Milwaukee Chancellor Schroeder recommended to President Lyall that
Ceil Pillsbury be promoted to Associate Professor with tenure in the
School of Business Administration, UW-Milwaukee, at the recommendation of
an ad hoc committee that conducted a review in accordance with s. 36.13 of
Wisconsin Statutes. The authority to approve such tenure appointments out
of the budget cycle is delegated by the Board of Regents, and Senior Vice
President Portch approved Dr. Pillsbury's promotion to Associate Professor
with tenure by letter to Chancellor Schroeder on February 3, 1993.
Introduction of Administrative Intern
Dr. Portch introduced Dr. Sybil Hampton, who is serving as
administrative intern in the System Office of Academic Affairs this
semester. Her permanent appointment is Assistant Dean for Student
Academic Affairs in the UW-Madison School of Family Resources and Consumer
Sciences.
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UI 8: Bill of Student Rights and Responsibilities
Senior Vice President Portch reported to the Education Committee on
the status of the development of a Bill of Student Rights and
Responsibilities. His conclusion was that was nonadversarial process,
done at the local level, will result in greater long-term ownership and
meaning.
Three students made presentations to the Committee, stating
disappointment that a systemwide document was not being accepted and
suggesting some modifications in the process. Vice President Portch
agreed to review and adopt some of the suggestions when formulating
guidelines to assist institutions in developing their statements.
In Committee discussion, Regent Grebe expressed the hope that there
will be a systemwide statement. Vice President Porch responded that such
a statement might result from deliberations at the individual
institutions.
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Change in Select Mission; Authorization to Implement B.S.,
Manufacturing Engineering, UW-Stout
The first review of the proposed change in the mission was held in
March 1992. A hearing was conducted by Regent Krutsch in December 1992.
Sr. Vice President Portch emphasized that the language of the mission
change makes clear that this is approval only for an undergraduate
manufacturing engineering degree. The program would require no additional
state resources, being supported by reallocation of existing recources at
UW-Stout, private fund raising by UW-Stout, and existing engineering and
technology education funding annually to UW-Stout. The B.S. in Applied
Technology will be phased out no later than the year 2000.
In Committee discussion, Regent Davis indicated support for the
program because there were no additional resource requirements, because
UW-Stout has been cognizant of the cost issue, and because it is a natural
program evolution for the institution. In response to a question by
Regent Grebe about ABET accreditation, Chancellor Sorensen assured the
Committee that qualified candidates are available to be recruited for
faculty positions. Regent Krutsch indicated that she had been impressed
at the hearing by the importance of the B.S. degree to students in the
program.
Regent Davis moved and Regent Krutsch seconded adoption of the
following resolutionby the Board of Regents.
Resolution 6322: That, upon recommendation of the Chancellor of the
University of Wisconsin-Stout and the President of
the University of Wisconsin System:
the Board of Regents approves a change in the
Select Mission of UW-Stout to include Manufacturing
Engineering;
the Chancellor be authorized to implement the B.S.
in Manufacturing Engineering.
Regent Gelatt stated his intention to vote against the resolution
becuase of his concern about the apparent inability to do strategic
program planning measured to the needs of the State of Wisconsin. With
this addition, he noted, three of the four engineering programs in the UW
System will be far from the state's centers of engineering activity.
Pointing out that each of these programs is the product of logical
incremental growth, the seed of which was the economy of the state a
hundred years ago, he stated the hope that in the future there will be
true strategic planning as to where programs should be sited. He
considered the UW-Stout program a worthy addition to the campus and
offered his vote not in opposition to the program, but in opposition to
the process by which this conclusion was reached.
Put to the vote, Resolution 6322 was adopted, with Regent Gelatt
voting in opposition.
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Redirection of Major/Degree in Environmental Policy and Planning, UW-
Green Bay
In Education Committee review of this program, Regent Krutsch
inquired about the significance of the science component. Dean Carol
Pollis responded that, since there were only two required science courses,
a minor in environmental science or a double major was recommended.
Regent Krutsch expressed her concern about a degree in environmental
policy and planning without an adequate base in science, and Regent Davis
also indicated an interest in learning more about the rationale for the
amount of science in the program. Dean Pollis replied that System
Administration had expressed similar concerns. She pointed out that UW-
Green Bay already has a strong environmental science major, and this
degree is conceptualized as based in the social sciences with strong
components in political science, economics, planning and environmental
law.
It was decided by consensus to withdraw the request for program
approval at this time. Vice Chancellor Kuepper agreed to share these
concerns with the program faculty and return for a future discussion with
the Committee.
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Enrollment Management III Planning for 1995-2000: Working Paper No. 4
Overview of Regional and Cooperative Academic Programs
Regent Davis reported that presentation to the Education Committee of
this working paper is the first of two steps in the discussion of regional
and cooperative programs. The paper offered basic information and a
beginning analysis of the potential for the use of regionalized and
cooperative programs to maintain both quality and access during enrollment
management III. In June 1993, the Regents will be provided with a second
paper and a set of goals and principles that will provide the basis for a
fundamental restructuring of the university and its curriculum.
In Committee discussion, Regent Grebe expressed particular interest
in a cost/benefit analysis of regional and cooperative programs and in
focusing on these programs from a student perspective. Regent Krutsch
indicated interest in the broader issues of restructuring, as she had been
impressed with the process of the lateral reviews. Regent Davis inquired
about the possibility of requiring all new programs to be cooperative or
regional. Senior Vice President Portch and Chancellor Kaplan indicated
that it usually is best from a quality point of view to establish a
program firmly on one campus before expanding it to others.
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REPORT OF THE PHYSICAL PLANNING AND DEVELOPMENT COMMITTEE
Regent Dreyfus, Chair of the Committee, presented the report.
Consent Agenda Items
Resolutions 6323-6326 were approved unanimously by the Committee.
Regent Dreyfus moved and Regent Gundersen seconded the motion for their
adoption by the Board, and the motion was carried unanimously.
UW-Stout: Authority to Construct Memorial Student Center University
Bookstore Remodeling and Expansion
Resolution 6323: That, upon the recommendation of the UW-Stout
Chancellor and the President of the University of
Wisconsin System, authority be granted to construct
a Memorial Student Center University Book Store
Remodeling and Expansion project, at an estimated
cost of $233,000 from Program Revenues.
UW-Madison: Approval of Design Report/Authority to Construct
Engineering Building Total Facilities Performance, Phase 2
Resolution 6324: 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 Engineering
Building Total Facilities Performance Project -
Phase 2, at an estimated cost of $4,550,000 from
General Fund Supported Borrowing - WISTAR.
UW System: Approval to Construct Seven Roof Replacements
Resolution 6325: That, upon the recommendation of the UW-Green Bay,
LaCrosse, Madison, and Stevens Point Chancellors
and the President of the University of Wisconsin
System, authority be granted to construct the
following roof replacement projects, at the costs
shown, from All-Agency Facilities Repair and
Renovation Funds:
ROOF
CAMPUS BUILDING AGE COST
UW-Green Bay: Phoenix Sports Center 18 $ 286,500
UW-Green Bay: Wood Hall 20 109,300
UW-La Crosse: Main Hall 20 154,000
UW-Madison: Robert M. Bock Laboratories 28 126,000
UW-Madison: Hiram Smith Hall & Annex 100 & 83 150,000
UW-Madison: Meteorology & Space Science 27 290,000
UW-St. Point Physical Education Building 25 140,500
Addition (Quandt Gym)
$1,256,300
UW Center-Waukesha County: Authorization to Revert Leased Property
Rights to Waukesha County
Resolution 6326: That, upon the recommendation of the UW Centers
Chancellor and the President of the University of
Wisconsin System, authority be granted for the
Officers of the Board to release leased property
rights to Waukesha County of approximately one acre
of property currently leased from Waukesha County.
The County plans to transfer ownership of the land
to the City of Waukesha to permit the construction
of an access road leading to a proposed retirement
village development west of the Waukesha County
campus.
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UW-Green Bay: Authority to Construct Child Care Center
The following resolution, which had been approved unanimously by the
Physical Planning and Development Committee, was moved by Regent Dreyfus
and seconded by Regent Gundersen:
That, upon the recommendation of the UW-Green Bay
Chancellor and the President of the University of
Wisconsin System, authority be granted to include
construction of a Children's Center at UW-Green Bay
in the University System's 1993-95 Capital Budget,
at a total estimated cost of $800,000 Program
Revenue Supported Borrowing; and, subject to
Building Commission approval of the project as part
of the 1993-95 Capital Budget, to issue a Request
for Proposal (RFP) and negotiate with viable
respondent(s) for the operation of the facility.
The results of the RFP process will be submitted to
the Board of Regents for final approval.
Regent Dreyfus explained that the advantage of having the facility
constructed with program revenue-supported bonding is that the state's
lower borrowing rate will reduce interest costs by $44,000 per year, which
amounts to a reduction of more than $800,000 over the 20-year life of the
bond. On the other hand, operation of the center by a private sector
provider is estimated to cost about $104,000 less per year than a
university-operated center.
There was recognition by the Committee of the need for the UW-Green
Bay facility at this time, he indicated, and it is not possible to obtain
GPR bonding without exceeding the $58 million bonding limit. After
hearing much testimony, the Committee approved the recommendation embodied
in the resolution.
In response to a question by Regent Krutsch Regent Dreyfus explained
that the Committee felt it would be best to proceed with the construction
request, and then let any operators--public and private--compete in the
request for propsals (RFP) process.
Regent Schilling felt that to have the results of the RFP returned to
the Board for approval would amount to micro-management on the part of the
Board. While he considered it appropriate for the Board to mandate an RFP
process, he believed the administration should then conduct the process
and make the selection without further Board intervention.
It was moved by Regent Schilling and seconded by Regent Gundersen
that the last sentence be deleted from the resolution.
Regent Krutsch expressed concern that, if the decision were to be
made at the administrative level, the Board would have no discussion of
the criteria involved, including cost and policy issues. For that reason,
she thought it appropriate for the matter to be returned to the Board.
Regent Gundersen pointed out that there are numerous decisions made
by individual institutions in such areas as food service and custodial
service, using competitive factors to determine whether the university
should contract to have a service performed or perform the service with
its own work force.
Regent Flores explained that the question of program operation had
become involved with the facility construction matter because, when it was
found that GPR funds were unavailable, monies had been provided to look
into the prospects for a privately built and privately operated facility.
Therefore, the unique history of this project had caused the construction
and program aspects to become intertwined. Since it had now been
concluded that the facility could be built less expensively with program
revenue bonding, he agreed with Regent Schilling that UW-Green Bay should
make the decision as to how the program should be operated.
Stating his support for the amendment, Regent Dreyfus compared
aspects of the UW-Green Bay program to the former campus laboratory
schools in which the programs were instruction and research related. Such
decisions, he noted, normally have been made at the campus level.
Put to a roll-call vote, the amendment was adopted, with Regents
Barry, Budzinski, Davis, Dreyfus, Flores, Gelatt, Grebe, Gundersen,
Schilling and Steil (10) voting for the amendment and Regents Hirsch,
Krutsch, Lubar and Nicholas (4) voting in opposition.
Stating his opposition to the resolution, Regent Hirsch commented
that, while there is a need in Green Bay for this type of project, the
recommendation before the Board is much different from the privately
financed and privately operated facility which was contemplated in the
original RFP. He was troubled that this change in direction did not
accord with the Board's original intent.
In response to a question by Regent Davis, Regent Dreyfus explained
that the salaries and benefits paid to the university faculty and staff
differ substantially from the salaries and benefits of private day care
providers. The difference in personnel costs in this type of program
accounts for the large difference in operating costs.
Regent Lubar stated his intention to vote against the resolution on
the basis of his view that state bonding for this type of facility is poor
policy and would set a precedent for constructing new facilities for day
care. He was not satisfied that the need for this facility had been
demonstrated. In that regard, he referred to a letter from a
representative of Green Bay area day care centers, who stated that there
are about 600 empty spaces in those facilities and that students can be
trained on an internship basis in private facilities.
Regent Lubar also was concerned that the cost of the facility seemed
much higher than necessary and that the university would be liable for
future excess costs and other liabilities. It was his position that a
private concern should build and operate the facility and should have full
responsibility for all costs and liabilities.
Regent Schilling observed that the location of the UW-Green Bay
campus would not be an optimum site for a privately owned child care
center. With regard to the proposed bonding, he noted that the debt
service would be paid by users of the center and that users also would pay
all operating costs. He thought the Committee's recommendation also had
been influenced by the importance of the center as a campus teaching
facility. While the UW must be very careful about competing with the
private sector, he commented, it is necessary to do so in cases such as
this.
Regent Flores commented that provision of child care facilities is
not different from provision of student dormitories, which also are
financed with program-revenue borrowing. Just as dormitories have been
essential for students who leave their homes to go to college, in today's
environment child care facilities are necessary to enable a growing number
of students to attend college. He therefore felt this facility should be
provided.
Regent Dreyfus remarked that this would be the first time that users
on a UW campus would have to support the cost of construction of a child
care facility, as well as its operation. Child care facilities also are
provided for state employees who pay only operating costs. An important
point, he emphasized, is that the child care center does not offer just a
service, but also includes the teaching and research functions of the
early childhood program.
Regent Davis noted the two issues to be addressed were whether the
facility is needed and, if so, who could best provide the facility. As to
the first issue, his sense was that a facility is needed on campus, even
though there may be child care spaces available in the community, since
the students whose children make up 60 percent of the child center's
clients may not have the mobility to place their children in all parts of
Green Bay. He also found persuasive the role of the center in the
university's educational program. In addition, he did not believe UW-
Green Bay should be penalized for not having available an older structure
to dedicate for a child care center as other campuses had done. However,
Regent Davis questioned the assumption that the state could construct the
facility more cheaply than a private developer and asked to what extent
the Committee had addressed the issue of the construction cost
differential.
Regent Dreyfus replied that the developer had appeared before the
Committee and discussed his proposal. Vice President Brown explained that
the developer had proposed a construction cost of $830,000, while the
figure used in the Committee's recommendation was $800,000. The
developer's figure for cost of money was over nine percent. The state
bond rate was under six percent.
In response to a question by Regent Davis as to timing, Mr. Brown
indicated that the developer could proceed immediately so that the center
would be open by fall 1993. Construction by the state, however, would
require enumeration in the budget, and the center would not be open until
fall 1994.
Regent Kurtsch felt actual need for the center had not been clearly
demonstrated and that there were discrepancies in data which had been
provided. With respect to the question of access, she thought that, for
some students, child care located near their part-time jobs might be more
easily accessible than care located on the campus. She agreed that the
educational usage of the center is important, but she had not seen any
attempt to investigate the suggestion made by a private child care
organization that arrangements for the educational program be made with
private providers. For these reasons, she was uncomfortable with the
recommendation to go forward with the project.
Regent Gundersen reported that the Committee had heard much testimony
from students which argued persuasively for a campus location with
flexible hours. He felt the issue had been studied sufficiently and urged
the Board to take action at this meeting.
Regent Dreyfus noted that the resolution would separate the question
of facility construction from the question of operation of the center,
which would be resolved later through the RFP process. He trusted that
UW-Green Bay would be price sensitive, as well as program sensitive, in
making that decision, in order to minimize the cost to students.
Regent Gelatt moved to amend the resolution by deleting from the
fifth line the words "estimated" and "of," and inserting after the word
"cost" the words "not to exceed." The motion was seconded by Regent Davis
and unanimously carried.
Adoption of Resolution 6327, as amended, was carried on a roll-call
vote, with Regents Barry, Budzinski, Davis, Dreyfus, Flores, Gelatt,
Grebe, Gundersen and Schilling voting "Aye" (9) and Regents Hirsch,
Krutsch, Lubar, Nicholas and Steil voting "No" (5).
Resolution 6327: That, upon the recommendation of the UW-Green Bay
Chancellor and the President of the University of
Wisconsin System, authority be granted to include
construction of a Children's Center at UW-Green Bay
in the University System's 1993-95 Capital Budget,
at a total cost not to exceed $800,000 Program
Revenue Supported Borrowing; and, subject to
Building Commission approval of the project as part
of the 1993-95 Capital Budget, to issue a Request
for Proposal (RFP) and negotiate with viable
respondent(s) for the operation of the facility.
-
UW-Extension; UW-Milwaukee: Authority for Civic Center Campus
Property
Presenting Resolution 6328, which was approved unanimously by the
Physical Planning and Development Committee, Regent Dreyfus recalled that,
in accordance with Regent directive at the October 1992 meeting, there had
been issued a Request for Proposals, to which four responses were
received. Of these, the proposal submitted by the Grand Avenue
Corporation was judged to be the best. The cost of this proposal,
however, was about $2.2 million more than the $11.2 million budgeted
figure. The resolution would provide for negotiations to meet the
budgeted amount.
The Regents were provided with a list of all members of the Grand
Avenue Corporation, for use in determining the existence of any potential
conflict of interest relationships.
Adoption by the Board of Resolution 6328 was moved by Regent Dreyfus
and seconded by Regent Barry.
Resolution 6328: That, upon the recommendation of the UW Extension
and UW-Milwaukee Chancellors and the President of
the University of Wisconsin System, UW System
Administration staff be granted the following
authorities:
a. Authority to negotiate a contract with the Grand
Avenue Corporation for the lease/purchase of
approximately 109,000 square feet of space in
the John Plankinton Building, located above the
Grand Avenue Mall in downtown Milwaukee, to
serve as the University Center for Continuing
Education, at a cost not to exceed $11,250,000
($9,750,000 General Fund Supported Borrowing and
$1,500,000 Program Revenue Supported Borrowing);
and, if negotiations are successful,
b. Authority to dispose of the existing Civic
Center Campus site, consisting of approximately
1.82 acres of land and two buildings located at
6th and State Streets in Milwaukee, at or above
the average of two appraisals. The property was
appraised in February 1992 at $1,690,000 for the
site with buildings, and at $2,257,500 for the
site if vacant.
c. Authority to pursue appropriate Session Law
language as part of the upcoming 1993-95 Capital
Budget to enable the use of proceeds from the
disposal of the existing Civic Center Campus
site (assumed to be at least $1,690,000) to
offset the GPR cost of acquiring replacement
facilities.
Regent President Steil inquired of General Counsel Stathas as to the
types of relationships which would prohibit a Regent from voting on this
matter. Mr. Stathas replied that such relationships would include being a
major shareholder in one of the members of the corporation or belonging to
a law firm which represents one of the clients in this matter.
Regent Nicholas emphasized the importance of this decision for the
university's future presence in downtown Milwaukee. While his concerns in
that regard had been largely resolved by talking with Chancellors Boyle
and Schroeder, he felt the matter should be discussed thoroughly. He
inquired about the proposal involving the J.C. Penny Building, which would
allow the university to own a building in downtown Milwaukee rather than
only part of a shopping-mall structure. He also inquired about the rights
granted to the three unsuccessful proposers.
Regent Barry replied that the J.C. Penny reconstruction proposal was
substantially higher in cost than the Grand Avenue proposal. He felt the
availability of relatively secure and proximate parking is an important
advantage of the Grand Avenue proposal.
Vice President Brown explained that all bidders had the opportunity
to present their best bids. After that, the selection was made as to the
best proposal in terms of meeting identified needs. If no acceptable
agreement could be reached with the highest scoring bidder, there would be
negotiations with the bidder who presented the next highest scoring
proposal. In evaluating the proposals, cost represented 35 percent of the
score. Another 35 percent was performance of program requirements; 15
percent was for maintenance and operational costs; and 15 percent was for
security, safety and access to public transportation.
In response to a question by Regent Barry, Regent Dreyfus indicated
that nothing in the resolution would prohibit use of private funding to
reach the budgeted level. Regent Barry agreed that an amendment to the
resolution would not be necessary, with the understanding that any mix of
funds would be allowed, not to exceed $1.5 million program revenue
borrowing and $9.75 million general fund supported borrowing.
Stating his support for the resolution, Regent Lubar commented that
the location is particularly good for university extension programming.
However, due to membership on boards involved with the Grand Avenue
Corporation, he would abstain from voting on this matter.
Regent Dreyfus felt that the high density of pedestrian traffic in
the Grand Avenue area is an advantage to people attending extension
programs, particularly in the evening. In addition, the parking area is
patrolled, which adds to the sense of security.
Regent Budzinski stated that he would vote against the resolution
because of his belief that the university should be involved in
redeveloping the downtown and should have a highly visible, street-level
presence, rather than a facility tucked into a mall. He cautioned that
parking at Grand Avenue is no more secure than other downtown parking.
Regent Barry commented that the Grand Avenue Mall location is in the
mainstream of activity in downtown Milwaukee. He felt this proposal
represents a very good use of space and would reserve redevelopment
opportunities that would be precluded if the university were to take
another piece of downtown Milwaukee land off the tax rolls.
Regent Hirsch inquired about whether sale of the Civic Center campus
is likely to recover the appraised value.
Vice President Brown replied that the property would be declared
surplus, with the first option for purchasing available to other units of
government, such as the city, the county, or the Milwaukee Area Technical
College. If no governmental unit exercised that option, the property
would be placed on the open market. To date, there had been one overture
from a Milwaukee developer at a price of $1.8 million.
Put to the vote, Resolution 6328 was adopted, with Regents Grebe,
Hirsch and Lubar abstaining from the vote, and Regent Budzinski voting in
opposition.
- - -
REPORT OF COMMITTEE ON STUDENT DISCIPLINE AND STUDENT GOVERNANCE APPEALS
Regent Flores, Chair, presented the Committee's report.
The Committee on Student Discipline and Student Governance Appeals
met on December 10, 1992, to hear oral arguments and consider the appeal
by the UW-Madison Segregated University Fee Allocation Committee (SUFAC)
of the Chancellor's decision to discontinue funding for the Women's
Transit Authority (WTA). On the basis of the record and the arguments
that were presented, it was the Committee's unanimous recommendation that
the Chancellor's decision be sustained.
The SUFAC appeal was brought under the Board's Guidelines for Student
Governance, which provide for an appeal to the Board where "irreconcilable
differences of judgment on the uses of allocable student fee income
develop between a chancellor and the student organization charged with
responsibility for initiating recommendations in this regard." Regent
policy specifies a number of issues to be considered by the Board in
reviewing an appeal of this type.
The issues relevant to this appeal are: (1) Did the student proposed
budget item require the university to violate any statute, administrative
code, policy or contract; and (2) was the basis for the chancellor's
decision substantial?
In this case, the Chancellor's legal counsel advised that the WTA's
practices of providing rides only to women, and of excluding men from
acting as drivers or dispatchers, would have placed the university in
violation of anti-discrimination laws if funding had been continued.
Given this legitimate concern and the potential exposure of the university
to legal liability for sex discrimination, the Committee found the basis
for the Chancellor's decision to discontinue funding to be substantial.
Because there was a substantial basis for the Chancellor's decision and
because of the potential for a violation of law resulting from continued
funding, it was the Committee's recommendation that the Chancellor's
decision be sustained.
The Committee further recommended that the $18,300 voted by SUFAC for
the WTA be recommended for another allocation through the regular SUFAC
process.
Upon motion be Regent Flores, seconded by Regent Dreyfus, Resolution
6329 was adopted unanimously by the Board of Regents.
Resolution 6329: That, on the recommendation of the Committee on
Student Discipline and Student Governance Appeals,
the Board of Regents adopts the attached decision
and order in the matter of the UW-Madison SUFAC
appeal of the Chancellor's decision to discontinue
funding for the women's transit authority.
- - -
REPORT OF COMMITTEE ON RELATIONSHIP WITH THE UNIVERSITY BOOK STORE
Regent Barry, Chair, presented the Committee's report.
The Regent Committee was appointed in June 1992 by Regent President
Steil, in response to questions that were raised about the nature and
appropriateness of the relationship of the Board to the University Book
Store.
After deliberating at a number of meetings and receiving comments
from all parties, the Committee decided to advance a recommendation
consisting of several components. First, the Board of Regents would
request a disclaimer by the book store to the effect that it is not part
of the university. The book store management indicated willingness to
implement this recommendation.
Second, to preserve Regent oversight under the trust indenture, the
practice of receiving from the book store an annual audited financial
statement would be continued, with the opportunity to request an
additional unaudited financial statement should that be deemed advisable.
The book store management also concurred with this recommendation.
The remaining two issues, which had engendered considerable
discussion, concerned the composition of the book store board of trustees
and the appointment process. The board of trustees currently consists of
eight members--two faculty appointed by the Chancellor; two alumni
appointed by the book store board in consultation with the Alumni
Association; three students appointed by the Chancellor, the Wisconsin
Student Association and the book store board; and the manager of the book
store.
The Regent Committee had decided to recommend a nine-member board,
composed of two faculty, two academic staff, two alumni, two students and
the book store manager. Faculty and academic staff would be appointed
from lists of one-to-three nominees submitted by their respective campus
governance organizations. The book store board would select from those
lists and could request additional names if desired, but would not be
empowered to select someone not on the list of nominees. One student
member would be appointed directly by the Wisconsin Student Association.
The other would be an unrestricted selection by the board of trustees.
The alumni members also would be selected without restriction by the board
of trustees. The result of this process would be that the board, by
itself, would select four of nine members.
Noting a communication from the book store manager charging that the
Board of Regents would be exceeding its authority by recommending this
change in composition of the board of trustees, Regent Barry pointed out
that the trust indenture clearly provides for the Regents to perform an
oversight role, including authority to appoint more members to the board
of trustees. He did not believe this recommendation to be an undue
exertion of Regent oversight.
Adoption by the Board of Regents of the following resolution, which
was unanimously approved by the Committee, was moved by Regent Barry and
seconded by Regent Flores:
Resolution 6330: That the oversight responsibilities of the Board of
Regents under the trust indenture are appropriate
and should be continued.
That the Board of Regents requests the University
Book Store to include a statement that it is a
private business not part of the university in all
its publications, advertisements and letterhead.
That the practice of providing the Board of Regents
with one audited financial statement per year be
continued, with the Board of Regents having the
option of requesting one additional unaudited
financial statement per year, if it desires.
That the University Book Store Board of Trustees be
requested to propose the following changes to
Article III, Sections 2, 3, and 4 of the By-Laws:
[Delete Section 2 and substitute the following:]
Section 2 Selection of Trustees. The Board of
Trustees shall consist of:
(a) Two members of the faculty of the University
of Wisconsin at Madison;
(b) Two alumni of the University of Wisconsin at
Madison;
(c) Two students currently enrolled in the
University of Wisconsin at Madison;
(d) Two members of the academic staff of the
University of Wisconsin at Madison;
(e) The manager of the University Book Store,
Madison.
Faculty members shall be nominated by the
University Committee. Academic Staff members shall
be nominated by the Academic Staff Executive
Committee. One student member shall be appointed
by the recognized Wisconsin Student Government body
with the other student member appointed by the
Board of Trustees. Alumni members shall be
selected at large from alumni of the University of
Wisconsin at Madison by the Board of Trustees.
Alumni members need not be members of the Wisconsin
Alumni Association.
Appointment of faculty and academic staff
trustees shall be made by the Board of Trustees
from not less than one or more than three
nominations made by each of the designated bodies.
The Board of Trustees may request additional
nominations from which it shall make its
appointment.
[Amend Section 3 as follows:]
Section 3 Time of Appointment and Election and
Term of Office. The term of office of all trustees
whether appointed or elected shall commence
September 1 in each year. Appointment or election,
as the case may be, shall take place during the
month of May for a term to commence September 1st.
In the event that the Wisconsin Student Association
shall fail to appoint a student by June 15 of any
year, the Chancellor of the University of
Wisconsin, Madison shall make such appointment on
behalf of the Wisconsin Student Association. Each
trustee, other than a student trustee shall hold
office for a term of four years or until his or her
successor is appointed or qualifies. Each student
shall hold office for a single term of two years.
The sequence of terms shall be such that the term
of one faculty member shall commence on September
1st of each odd numbered year, while the term of
one alumni member shall commence in September of
each even numbered year, with not more than one
term of a faculty, academic staff or alumni member
commencing commences in any given year.
No person shall be elected or appointed as a
trustee after his sixty fifth birthday and no
trustee shall be eligible to serve more than two
full consecutive terms. The Wisconsin Student
Association or its successor is urged to consider
the desirability of nominating for an additional
year these student members of the board who
continue eligible for re election.
The term of office of the manager shall be as long
as he or she is manager of the Book Store.
[Amend Section 4 as follows:]
Section 4 Vacancies on the Board of Trustees.
Vacancies on the board of trustees caused by
failure to qualify, failure of appointment or
election, death, resignation, removal, or
otherwise, shall be filled by appointment or
election from the same class of trustees in which a
vacancy occurs and by the same appointing or
electing authority the same process provided for in
Section 2 for the remainder of the term. If a
vacancy is not filled by the proper appointing
authority within sixty days. If nominations are
not made within 60 days after notice from the board
that such vacancy exists, such vacancy may be
filled by election by the board of trustees from
the same class of trustees in which the vacancy
occurs, for the remainder of the term.
Regent Gelatt noted that the full Board of Regents had not had the
benefit of materials regarding the issues involved in this matter. He
moved that the resolution be tabled until the March 1993 meeting, to allow
all Regents an opportunity to become more familiar with these issues. The
motion was seconded by Regent Flores.
The motion failed on a roll-call vote, with Regents Dreyfus, Flores,
Gelatt, Grebe, Gundersen and Schilling voting in the affirmative (6) and
Regents Barry, Budzinski, Davis, Hirsch, Krutsch, Lubar, Nicholas, and
Steil voting in the negative (8).
Regent Gelatt noted his recollection that the Committee had been
formed to investigate severing of the Board's ties with the book store.
Instead, the Committee seemed to be recommending somewhat more control.
Regent Barry explained that the Committee's effort had been to seek a
better understanding of the relationship of the book store to the
university, rather than specifically to consider severing ties with the
book store. A complaint had been registered by a private book store owner
about unfair competition from the University Book Store. This led to
discussion of the public perception of the book store as part of the
university. Instead, it is a private business which operates under a
trust indenture, involving the Board of Regents in a limited oversight
role. The Committee found that the indenture could not be terminated
without cooperation of all parties, and even then the process would be
arduous.
After discussion with all parties and given the Chancellor's wish to
avoid official institutional involvement in a business that is not part of
the university, the Committee decided that the intent of the trust could
best be met by having some members of the board of trustees chosen from
among nominations of faculty and academic staff organizations and with
appropriate student representation.
In response to a question by Regent Flores, General Counsel Stathas
described the role of the Board of Regents, set forth in the trust
indenture, as an oversight function, with ability to expand membership on
the board of trustees. If the business were dissolved, distribution of
the proceeds would be determined by the Board of Regents.
Regent Flores noted some inconsistency in both asking the book store
to publish a disclaimer stating that it is not affiliated with the
university, on the one hand, and on the other hand, exercising Regent
authority with respect to composition of the board of trustees.
Put to the vote, Resolution 6330 was adopted, with Regent Gelatt
voting "No."
- - -
COMMUNICATIONS, PETITIONS, AND MEMORIALS
Appearance by President of The Association of UW Professionals
Dr. Gloria Toivola, President of The Association of UW Professionals,
presented the Board with petitions signed by faculty and academic staff in
nine UW comprehensive universities, indicating support for collective
bargaining by faculty and academic staff. Such bargaining, she said,
would involve wages, hours and conditions of employment. University
governance organizations would continue to deal with such issues as
curriculum and class schedules. Issues of mission, structure and goals of
the institution and statutory rights of students would be outside the
scope of bargaining.
Salaries in non-bargaining universities, she stated, trail those in
universities with collective bargaining. In addition, salary increases
for teachers in Wisconsin public schools, the VTAE System and professional
state employees, all of whom bargain collectively, have exceeded those
accorded to faculty and academic staff.
Indicating that faculty at 403 colleges and universities in 33 states
have collective bargaining rights, she commented that their professional
involvement in teaching, research, and service is not different from that
of UW faculty. What is different is that they negotiate such matters as
salary and fringe benefits, grievance procedures, leave days, class size
limits, professional development opportunities and retirement programs.
Some use a salary schedule; most have negotiated across-the-board salary
adjustments; and some use a merit system. Cut-backs in times of budget
crisis also are negotiated. There is no universal model; instead
bargained contracts reflect the circumstances of the members of the
bargaining unit.
Commenting that UW faculty and academic staff are frustrated with a
compensation system that does not attend to their needs, with lack of
effective grievance procedures and lack of decision-making authority in
the work place, Dr. Toivola urged the Regents to conduct a collective
bargaining election.
President Steil advised the Board that state law does not provide for
collective bargaining for faculty and academic staff. If new legislation
were enacted to provide for it, the employer could well be the Department
of Employment Relations.
Dr. Toivola took the position that the law does not specifically
prohibit faculty and academic staff from bargaining, and that enabling
legislation is not necessary for bargaining to occur.
Regent Flores remarked that, since the law identifying those who may
bargain collectively does not include faculty and academic staff, by
implication those not included are not allowed to bargain collectively.
In response to a question by Regent Budzinski, Dr. Toivola stated
that she would not characterize as adversarial the relationship between
the UW System and those wanting collective bargaining, since all share the
objective of a strong university. However, there is frustration about
lack of participation by faculty and academic staff in issues of great
concern to them.
Regent Budzinski asked if Dr. Toivola would foresee any decrease in
loyalty, professionalism or performance if collective bargaining were
allowed. Dr. Toivola predicted that the opposite would occur, in that
collective bargaining would empower faculty and academic staff and would
have a positive effect.
In response to a question by Regent Dreyfus, Dr. Toivola stated the
view that collective bargaining would be compatible with shared governance
because the two systems would deal with different subjects.
Regent Dreyfus noted that faculty and staff then would be involved in
selecting management officials with whom they would bargain. One view, he
pointed out, is that shared governance and collective bargaining are two
different approaches which should not co-exist.
In response to a question by Regent Gundersen, Dr. Toivola indicated
that TAUWP has about 1,100 members. There were about 1,000 signatures on
the petitions, not all of whom were TAUWP members.
In response to a question by Regent Schilling, Dr. Toivola indicated
that TAUWP has more faculty members than academic staff members. The
response rate to the TAUWP survey, which went to all faculty and academic
staff on nine campuses, was about 42 percent.
- - -
PRESENTATION BY UW-WHITEWATER PROFESSOR ROBERT BURROWS--RECIPIENT OF 1992
REGENTS TEACHING EXCELLENCE AWARD
Introducing the presentation, Regent President Steil noted that in
the spring of 1992 the Board of Regents established the Regents' Teaching
Excellence Awards, named for the first year in honor of former Regent
President Joyce Erdman, who was instrumental in initiating the award as
part of the UW System's continuing commitment to teaching and learning, to
the use of highly effective teaching strategies, and to the impact that
faculty have on the intellectual development of students.
Regent Krutsch chaired the Awards Committee, joined by Regent Flores
and Regent Emeritus Clusen. The Committee announced two awardees:
Professor Maxwell Schoenfeld of UW-Eau Claire's Department of History who
was honored at the September 1992 Board Meeting; and Professor Robert
Burrows, of UW-Whitewater's Department of English, who recently returned
from a semester as Exchange Professor of English at the Universitat
Klagenfurt in Austria.
President Steil welcomed Regent Emeritus Clusen to present the award
to Professor Burrows.
Regent Emeritus Clusen introduced Professor Burrows and presented him
with a plaque in recognition of his accomplishments. In speaking of the
reasons for his selection to receive the award, she cited his commitment
and love of teaching, unusual creativity, impressive breadth of knowledge,
and his ability to inspire the minds and influence the lives of his
students.
Professor Burrows spoke about how his students' "spirit and
character" made teaching in the UW System such a "challenging and
rewarding life," and of the value of the professional and personal
friendships that he has built over the years at UW-Whitewater. He
identified six convictions that have influenced his teaching--belief in:
the paramount importance of education for the well-being of society; the
significance of teaching; the humanizing effect of great literature; the
importance of hard work; the importance of carrying a zest for life into
the classroom; and students, themselves, and their eager search for values
by which to live.
He ended his comments with an appeal to the Board to continue to
provide faculty with incentives for study and research and to recognize
teaching as a primary function of the entire university.
On behalf of the Board of Regents, President Steil expressed
gratitude to Professor Burrows for his devotion to the university, his
students and his profession.
- - -
At 12:10 p.m., the following resolution, moved by Regent Nicholas,
was adopted unanimously on a roll-call vote, with Regents Barry,
Budzinski, Davis, Flores, Gelatt, Grebe, Hirsch, Krutsch, Lubar, Nicholas
and Steil (11) voting in the affirmative. There were no negative votes
nor abstentions.
Resolution 6331: That the Board of Regents recess into closed
session for consideration of personnel matters, as
permitted by s. 19.85(1)(c), Wis. Stats., including
possible action on an extension of a leave of
absence for more than initial two years for a
faculty member at UW-Stevens Point, and a
recommended dismissal for cause of a faculty member
at UW-Milwaukee; to consider personal histories, as
permitted by s. 19.85(f), Wis. Stats., including
naming of a building at UW-Madison, possible action
on appointments to the UW-Green Bay, UW-Milwaukee
and UW-Superior Boards of Visitors, and honorary
degree nominations at UW-Milwaukee, UW-River Falls,
UW-Stout and UW-Superior; and to confer with legal
counsel on pending or potential litigation, as
permitted by s. 19.85(1)(g), Wis. Stats.
- - -
CLOSED SESSION
The Board arose from closed session at 1:00 p.m. and reported the
following actions:
Extension of Leave of Absence, UW-Stevens Point
Resolution 6332: That, upon recommendation of the Chancellor of the
University of Wisconsin-Stevens Point and the
President of the University of Wisconsin System,
the leave of absence for Associate Professor James
M. Haney, Division of Communication, University of
Wisconsin-Stevens Point, be extended through
January 11, 1995.
Appointments to Board of Visitors, UW-Green Bay
Resolution 6333: That, upon the recommendation of the Chancellor at
UW-Green Bay and the President of the University of
Wisconsin System, the following persons be
appointed to the UW-Green Bay Board of Visitors for
terms ending June 1994:
John Gibson
Leonard Weis
Appointments to Board of Visitors, UW-Superior
Resolution 6334: That, upon the recommendation of the Chancellor at
UW-Superior and the President of the University of
Wisconsin System, the following persons be
appointed to the UW-Superior Board of Visitors for
terms ending February 1996:
Mr. Ronald V. Anderson
Ms. Kathleen L. Boyle
Ms. Barbara Hall
Appointment to Board of Visitors, UW-Milwaukee
Resolution 6335: That, upon the recommendation of the Chancellor at
UW-Milwaukee and the President of the University of
Wisconsin System, Daniel D. Fetterley be appointed
to the UW-Milwaukee Board of Visitors for a term
ending June 1995.
Honorary Degree Nomination, UW-Milwaukee
Resolution 6336: That, upon the recommendation of the UW-Milwaukee
Chancellor and the President of the University of
Wisconsin System, Reverend Leon Howard Sullivan be
awarded the Honorary Degree of Doctor of Social
Welfare at UW-Milwaukee.
Recommended Dismissal for Cause of Faculty Member, UW-Milwaukee
Resolution 6337: Upon review of the statement of charges and
recommendation of the UW-Milwaukee Chancellor, the
faculty member having waived all hearing and appeal
rights, the Board of Regents does hereby dismiss
for cause Associate Professor Gary Schlappal. The
dismissal is effective this 5th day of February
1993.
- - -
The meeting was adjourned at 1:00 p.m.
Judith A. Temby, Secretary
February 25, 1993
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