MINUTES OF THE MEETING OF THE MICHIGAN STATE UNIVERSITY BOARD OF TRUSTEES. November 8, 1996

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1 MINUTES OF THE MEETING OF THE MICHIGAN STATE UNIVERSITY BOARD OF TRUSTEES November 8, 1996 Trustee Fnance Commttee and Trustee Polcy Conmttee meetngs were held n the Board Room of the Admnstraton Buldng begnnng at 9:00 a,m r on Frday, November 8, Mnutes of the meetngs are on fle n the Offce of the Secretary of the Board of Trustees. Presdent McPherson called the meetng of the Board of Trustees to order at 10:20 a.m. n the Board Room. Trustees present: Dolores M. Cook, Dorothy Gonzales, Colleen McNamara, Donald W. Nugent, Davd L. Porteous, John D; Shngleton, Bob Traxler, and Robert E. Wess. Unversty offcers present: Presdent McPherson, Provost Smon, SecretaryPogel, Vce Presdent and General Counsel Noto, Vce Presdents Penbow, Greenleaf,. June, Webb, Webster, and Wlknson, Actng Vce Presdent -Gast, and Executve Drector Wllams. Faculty Lason representatves present: Ludmlla L, Ltus, Maureen McDonough and Deborah Morarty. Student Lason representatves present: Frank Aello, Joseph Caro, Precous Johnson, and Karn Peterson* All actons taken were by unanmous vote of the Trustees present, unless otherwse noted. 1. On a moton by Mr. Nugent, supported by Mr. Porteous, THE BOARD VOTED to approve the proposed agenda. 2. On a moton by Mr. Nugent, supported by Ms. Gonzales, THE BOARD VOTED to approve the mnutes of the Board meetngs of September 13, 1996 and October 10, Trustee GPA Recpents for Fall Semester 1996, lsted below, were congratulated for ther exceptonal academc performance. Charperson Wess and Presdent McPherson presented awards to Kevn James, Amy Lynn Malone, Angela Smth, and Peter Yank. Danel Hornbaker had to leave pror to the presentaton, and Bran Fedewa was unable to attend* Presdent McPherson noted the extraordnary achevements of Dan Hornbaker, a math major wth an addtonal major n Physcs, who completed 20 honors courses when the basc requrement s 8 courses at the honors level; Angela M. Smth Peter J. Yank Kevn J. James Amy Lynn Malone Bran S. Fedewa Danel J. Hornbaker GPA, Frst Hghest GPA, Second Hghest GPA, Thrd Hghest GPA, Fourth Hghest GPA, Ffth Hghest GPA, Sxth Hghest 4. Presdent's Report A, Presdent McPherson reported that Board members can be pleased wth the magnaton, dlgence, and progress that s beng made on varous projects currently underway throughout the Unversty. B. Presdent McPherson sad t has been a pleasure to work wth Trustee Porteous on the Board and he apprecated hs contrbutons. 5. Gudng Prncples Report Vce Presdent Greenleaf reported on Academc Envronment n the Resdence Halls related to the Gudng Prncple of actve learnng and strengthenng actve connectons between the classroom and student lfe. A commttee of about 15 persons ncludng student representatves has been developng proposals whch are n varous stages of dscusson and development. Mr. Greenleaf cted examples ncludng plans for a foregn-language lvng-learnng communty that would prepare students for study abroad. He also explaned "mappng," whch would provde faculty wth campus addresses for students n ther classes so that study groups, examnaton revew sessons and other actvtes could be planned n approprate resdence halls. Addtonal deas ncluded a computers-for-rent program, faculty or dstngushed guest resdents n resdence halls, more freshmen semnars as well as new career semnars, and the possblty of weekend classes that could help nvolve non-tradtonal students n resdence hall settngs. 6. There were no requests to address the Board of Trustees on ssues germane to the agenda.

2 10566 November 8, 1996 Personnel Actons Appontments 7. Personnel Actons Provost Smon presented the followng academc appontments and faculty promoton and tenure recommendatons. Appontments 1} Bocea, Frank, AY-Amertech Endowed Char n Telecommuncaton Technologes and Informaton Servces, Department of Telecommuncaton, $80,000, wth Tenure, effectve January 1, ) Farweather, James S., AY-Professor, Department of Educatonal Admnstraton, $73,000, wth Tenure, effectve January 1, Faculty Promot ons and Tenure Recommendatons B. Faculty Promotons and Tenure Recommendatons Most of the recommendatons for faculty members whose current probatonary appontments n the tenure system end on August 15, 1997, were made at the Board meetng on June 14, Tenure actons were delayed last sprng on recommendaton of the college for the faculty members lsted below. The followng actons are recommended by the Departmental Charperson, the Dean, and the Provost n accordance wth the tenure rules. The followng promotons whch nclude the award of tenure are recommended: 1) Hooker, Clarence 0,, promoton to Assocate Professor, Department of Amercan Thought and Language. 2} Malgo, Pedro, promoton to Assocate Professor, Department of Romance and Classcal Languages. On a moton by Mr. Nugent, supported by Ms. Cook, THE BOARD VOTED to approve the Appontments and Faculty Promotons and Tenure Recommendatons. Informaton Reports Gft, Grant and Contract Report Informaton Reports of Academc Personnel Actons of September 27, 1996, and October 25, 1996 were dstrbuted wth the Board Agenda and have been ncluded wth the agenda materals n the Offce of the Secretary of the Board of Trustees. The Gft, Grant and Contract Report for the perod of August 24, 1996 through October 18, 1996 was presented by Actng Vce Presdent Gast. The report s a complaton of 460 Gfts, Grants and Contracts, 47 Consgnment/Non-Cash Gfts, and no Consgnment/ Non-Cash Loans, wth a total value of $73,933, The report s ncluded wth the Board Agenda n the Offce of the Secretary of the Board of Trustees. On a moton by Mr. Nugent, supported by Mr. Shngleton, approve the Gft, Grant and Contract Report. THE BOARD VOTED to Dr. Gast sad the current report was about 21 percent greater than the second report of last year largely because of an mproved process ntated by the Contract and Grant Admnstraton offce. Dr. Gast complmented Dan Evon and hs staff for streamlnng the process whch wll allow more accurate comparsons of contract and grant actvty. Trustee Fnance Commttee Bds and Contract Awards Beef Cattle Research - Sewer System Extenson Campus - Sewer Separaton CHerry Lane Apartments/Spartan j Vllage - Reroof Buldngs The Trustee Fnance Commttee report and recommendatons were presented by Commttee Charperson Nugent. Bds and Contract Awards were recommended as follows: 1) a contract n the amount of $243,000 be awarded to Sandborn Constructon, Inc., of Portland, Mchgan, and that a budget n the amount of $308,000 be establshed for the project enttled: Beef Cattle Research - Sewer System Extenson. 2) a contract n the amount of $1,919,682 be awarded to Kammnga & Roodvoets, Inc., of Grand Rapds, Mchgan, and that a budget n the amount of $2,600,000 be establshed for the project enttled: Campus - Sewer Separaton. 3) a contract n the amount of $252,485 be awarded to Bornor Restoraton, Inc., of Lansng, Mchgan, and that a budget n the amount of $310,000 be establshed for the project enttled: Cherry Lane Apartments/Spartan Vllage - Reroofng Buldngs 808, 1403, 1443, 1529, 1530, 1535, 1633, and 1647.

3 10567 November ) "a contract n the amount of $393,768 be awarded to Dard, Inc., of Lansng, Mchgan, and that a budget n the amount of $499,000 be establshed for the project enttled: Kresge Art Center - Museum Ar Condtonng. 5) a contract n the amount of $177,700 be awarded to Moore Trosper Constructon Company, of Holt, Mchgan, and that a budget n the amount of $243,000 be establshed for the project enttled: Parkng Ramp No. I.- Install Elevator n Northeast Comer. 6} Investment changes were recommended as follows: a. Changes n asset allocaton to provde for a target of 80% equty and 20% fxed ncome, together wth combnng the real estate category wth the ol and gas category of equty holdngs, and modfcatons of the proposed targets and ranges for each of the four classes of equty as recommended by Cambrdge Assocates; Trustee Fnance j Commttee cont. I Bds and Contract j Awards cont.. Kresge Art Center j Museum A r Condtonng I Parkng Ramp No. 1 - Install I Elevator nvestment j Changes b* Transfer of $5 mllon from the Common Fund Intermedate Cash Fund to the Common Fund Bond Fund; c. Investment of $5 mllon wth EII Realty Securtes, Inc., a publcly-traded REIT manager; d. Investment of $3 mllon n Lazard Freres emergng market funds, dvded equally between the two funds offered by ths frm, together wth authorzaton to the admnstraton to nvest an addtonal $3 mllon n these two funds f the emergng markets sector experences a correcton of more than 10%; e. Fundng of the above two nvestments through use of nternal avalable cash and wthdrawal of funds as necessary from equty manager W* : P. Stewart; and f. Modfcaton of the Investment Objectves as necessary to reflect the above changes. On a moton by Mr. Nugent, supported by Mr. Wess, THE BOARD VOTED to approve the recommendatons. B. The Commttee receved a report prepared by the Land Management offce on the Unversty's Real Property Holdngs. The Commttee also completed revews of nvestment performance and structure for the Pooled Cash Funds and for the permanent nvestment funds. Mr> Nugent sad he was pleased to report the funds are dong better than average n the market. 10. Commttee Charperson McNamara presented the report of the Trustee Polcy Commttee whch ncluded two recommendatons. A. Gender Equty n Intercollegate Athletcs The Trustee Polcy Commttee recommended to the Board of Trustees that the Board drect the admnstraton, through the Department of Intercollegate Athletcs, n consultaton wth the Athletc Councl, to develop and mplement a gender equty plan that comples wth Federal law and regulatons (Ttle IX), and NCAA and Bg Ten Conference requrements. Reports on j Unversty's Real! Property Holdngs and Investment \ Funds Trustee Polcy J Commttee Gender Equty n ntercollegate Athletcs Pror to the vote, Trustees, dscussed the mportance and necessty of complyng wth Federal law. Board members noted that they supported gender equty and want to assure that ntercollegate athletc programs reman vable and excellent and provde addtonal support for women. To the greatest extent possble/ emphass should be placed on nclusveness rather than to lmt opportunty. In response to the comment of havng suffcent revenues generated to support new scholarshps, Presdent McPherson stated that the Unversty must take a farly frm poston that academc support (general fund) mones should not be spent on athletc programs, but that athletc programs should generate those mones. On a moton by Ms. McNamara and supported by Ms. Cook, the BOARD VOTED unanmously to approve the recommendaton.

4 10568 Trustee Polcy Commttee cont. Gender Equty n Intercollegate Athletcs cont. November 8," 1996 Mr/ Wess sad he dd not want to take anythng away from the resoluton just passed/ but he dd want to suggest a supplementary moton. He moved that the Board nstruct the admnstraton to contnue to work on the natonal scene wth the rest of the academc communty to dscover addtonal ways to provde reasonable flexblty n advancng gender equty under Ttle IX. On a ROLL CALL VOTE by Secretary Pogel, the recommendaton was approved by a 7 to 1 vote. Trustee McNamara voted no. She asked to have t on record that she beleves the second resoluton dlutes the frst one. She noted that Ttle IX s "the law of the land and Mchgan State Unversty needs to be n complance wth the law." Conflct of Interest n Educatonal Responsbltes Resultng From Consensual Amorous or Sexual Relatonshps B. Conflct of Interest n Educatonal Responsbltes Resultng From Consensual Amorous or Sexual Relatonshps* An amorous or sexual relatonshp between a student and a faculty member, a graduate teachng assstant or another Unversty employee who has educatonal responsblty for that student may mpar or undermne the ongong trust needed for effectve teachng, learnng and professonal development/ Because of the faculty member, graduate assstant or other employee f s authorty or power over the student, nherently conflctng nterests and perceptons of unfar advantage arse when a faculty member, graduate teachng assstant or other employee assumes or mantans educatonal responsblty for a student wth whom the faculty member, graduate teachng assstant or other employee has engaged n amorous or sexual relatons. It s, therefore, the polcy of Mchgan State Unversty that each faculty member, graduate teachng assstant and other Unversty employee who has educatonal responsbltes for students shall not assume or mantan educatonal responsblty for a student wth whom the faculty member, graduate teachng assstant or other employee has engaged n amorous or sexual relatons, even f such relatons were consensual* Whether such amorous or sexual relatonshps predate the assumpton of educatonal responsblty for the student, or arse out of the educatonal relatonshp, the faculty member, graduate teachng assstant or other employee shall mmedately dsclose the amorous or sexual relatonshp to the relevant unt admnstrator, who shall promptly arrange other oversght for the student. In unusual crcumstances, the achevement of the affected student's academc requrements may necesstate contnued oversght of the affected student by the faculty member, graduate teachng assstant or other Unversty employee who has engaged n amorous or sexual relatons wth that student. In such crcumstances the unt admnstrator shall, therefore, have authorty, after consultng the affected student, to permt the contnued oversght of the affected student by the faculty member, graduate teachng assstant or other Unversty employee, provded that the faculty member, graduate teachng assstant or other Unversty employee shall not grade or otherwse evaluate, or partcpate n the gradng or other evaluaton of, the work of the affected student, and that the alternatve arrangements for gradng or evaluatng the affected student's work treat the student comparably to other students. *0ther relevant polces nclude "Supervson of Academc Work by Relatves" and "Conflct of Interest n Employment." On a moton by Ms. McNamara, supported by Mr. Wess, A ROLL CALL VOTE was conducted by Secretary Pogel, The vote was 5 to 3 n favor of the recommendaton. Trustees Gonzales, Nugent, and Traxler voted No. It was the consensus of Board members that they should receve a report on the polcy n one year. Trustee Traxler suggested that a statement be ncluded as a footnote to the polcy approved by the faculty that ths conduct s to be dscouraged/ Further dscusson ncluded comments by Faculty and Student lason members. On a moton by Mr. Nugent, supported by Mr. Wess, THE BOARD VOTED to adopt a subsequent moton whch emphaszed the vew of the Board that consensual amorous or sexual relatons between faculty and students are dscouraged. Annual Report on I Unversty Relatons Ms. McNamara reported that the annual report on Unversty Relatons was presented to the Trustee Polcy Commttee.

5 10569 I November The followng ndvduals addressed the Board of Trustees on ssues not germane to the agenda. A- MchealD. Irsh, Sr., former employee* commented that he had addressed the Board on two prevous occasons durng the last four years to request an nvestgaton of hs prevous employment stuaton at the Unversty. B. Lonna Burch, representng the Spartan Youth Parent Organzaton, expressed concern that the Unversty plans to dscontnue the faclty agreement wth Spartan Youth Gymnastcs effectve May 31, She asked to have the decson reconsdered snce the program has had a long-standng afflaton wth the Unversty. C. Ed Benson, parent of an eght-year old partcpant n Spartan Youth Gymnastcs, stated that the man thrust of the program s recreatonal. It s relaxed, non-restrctve, enjoyable, and based on the motvaton of the ndvdual gymnast- Mr. Benson sad the program s an example of Unversty Outreach and asked the Board to revew the decson of the athletc department. D. Josh Olson, a gymnast n the Spartan Youth Gymnastcs program, sad the program has gven hm an opportunty to work out and compete aganst other clubs. He sad the self dscplne of gymnastcs has taught hm to work hard and he has beneftted from the program. He asked to have the decson reconsdered. E. Larry Nassar, Natonal Team Physcan for the sport of gymnastcs and team physcan and faculty member at MSU, commented that closng the Spartan Youth Program wll have local and natonal effects. He requested Board members to look at the reasons the club s beng closed. F. Pamela Romano Dlley, an art teacher, spoke n support of the graduate Art Educaton Department at MSU. She sad two MSU professors n the department mpact hundreds of teachers who mpact thousands of students. Ms. Dlley commented that to balance a student's educaton, art needs to be an ntegral part of the school currculum along wth technology. G. George Szypula, MSU emertus faculty member and Gymnastcs Coach for 42 years, spoke of successful former MSU gymnasts. He sad the Spartan Youth Program s excellent and should be retaned. Also, Mr. Szypula remarked that he would lke to have a cooperatve effort to acheve equalty n athletcs at the Unversty wthout usng Federal gudelnes. 12. Charpersons Report and Trustees' Comments: A. Pror to Mr. Szypula f s comments, Presdent McPherson sad Trustee Cook wshed to comment before leavng for a luncheon meetng wth a donor of a major gft to the Unversty. Trustee Cook complmented publc partcpant Josh Olson for hs charm, pose, and sncerty n addressng the Board. She congratulated Mr. Joel Ferguson for beng elected and Trustee Wess for hs reelecton and servce as charperson of the Board. Ms. Cook thanked Trustee Davd Porteous for servng as a Board member and sad she s hopeful he wll consder beng a canddate agan. B. Mr. Wess thanked the voters of the State for ther vote of confdence. He also welcomed Mr v Ferguson back to the Board. Charperson Wess sad he s hopeful the dscusson of academcs versus athletcs has ended. He sad there are many challenges facng the Unversty to focus on such as nsttutng technology and keepng tuton affordable. He commented that he s lookng forward to a harmonous workng relatonshp. C. Mr. Traxler congratulated Mr. Wess on hs reelecton. He complmented Trustee Davd Porteous as an exceptonally gfted and talented member of the Board and looks forward to hs contnung counsel as a Trustee Emertus. D. Mr. Porteous stated that he had enjoyed the campagn for Trustee. It was a vgorous campagn and he has been "enrched beyond descrpton for the opportunty to be able to serve on the Board of a Unversty that he loves and has meant so much to hm and hs famly." Publc! Partcpaton on Issues Not Germane j to Agenda Cha rperson 1 s Report and Trustees 1 Comments

6 10570 # Charperson 1 s j. Report and Trustees' Comments contnued Request for Executve Sesson November-8, : 1996 E. Mr. Nugent congratulated Mr. Wess and Mr. Ferguson and acknowledged the postve contrbutons of Trustee Porteous. He commented on the meetng he and Trustee McNamara attended n Washngton, DC, and remnded Board members of the annual College of Agrculture and Natural Resources Autumnfest event. F. Ms. Gonzales remnded Board members of the MAGB conference at the Kellogg Center on November 18. She congratulated Mr. Wess and sad she looks forward to workng wth hm and Mr. Ferguson. G. Mr* Shngleton congratulated Trustee Wess and Mr. Ferguson on ther vctores and sad he looks forward to workng wth them n the comng years. He thanked Trustee Porteous for hs partcpaton. Mr. Shngleton also remarked that he beleves strongly n the youth gymnastc program and complmented the people who spoke. He beleves t s an excellent program and would hope t wll contnue. 13. An Executve Sesson was not requested. 14. On a moton by Mr. Traxler, supported by Ms. Gonzales, THE BOARD VOTED to adjourn- Board members were joned at lunch by Unversty offcers and admnstrators, faculty lasons and student lasons. Peter McPherson, Presdent ft/. jf^ffjj Nancy H- Pog gel* Secretary m