xt737p8tbb7f https://exploreuk.uky.edu/dips/xt737p8tbb7f/data/mets.xml Lexington, Kentucky University of Kentucky 20010911 minutes English University of Kentucky Contact the Special Collections Research Center for information regarding rights and use of this collection. Minutes of the University of Kentucky Board of Trustees Minutes of the University of Kentucky Board of Trustees, 2001-09-dec11. text Minutes of the University of Kentucky Board of Trustees, 2001-09-dec11. 2001 2011 true xt737p8tbb7f section xt737p8tbb7f MINUTES Meeting of the Board of Trustees University of Kentucky 3:00 P.M. December 11, 2001 18th Floor Patterson Office Tower These files are available as Adobe Acrobat .pdf (portable document format) files. Acrobat Reader software to enable you to read and print these files is available by site license to University of Kentucky users from http://download.uky.edu. 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Minutes Accompanying Materials: PR 2 Personnel Actions PR 3A Proposed Amendments to the Governing Regulations PR 3B Proposed Amendment to the Governing Regulations to Establish a Staff Senate PR 3C Administrative Regulation Revision PR 3D Approval of Deferred Compensation Plan Document PR 3E Art Museum Director Emerita Title be Conferred upon Harriet Fowler PR 3F Director Emeritus of the University Press of Kentucky be Conferred upon Kenneth Cherry PR 3G Renaming Sports Center Drive PR 3H Naming of University Building PR 3 I Naming of University Building PR 3 J Proposed Amendment to the Governing Regulations Academic Affairs Committee Report AACR 1 Candidates for Degrees (Consent) AACR 2 Change in Name of an Educational Unit Finance Committee Report FCR 1 Acceptance of Interim Financial Report for the University of Kentucky for the three months ended September 30, 2001 FCR 2 Appointment of Independent Auditors FCR 3 Disposition of Surplus Property FCR 4 Capital Construction Report FCR 5 Patent Assignment Report FCR 6 Approval of Lease FCR 7 Approval of a Lease to the Wesley Foundation, Inc. FCR 8 2001-02 Budget Revisions FCR 9 Lexington Community College Support Fee Approval for the Spring 2002 and Summer 2002 Semesters FCR 10 Professorship Name Change FCR 11 James P. Gray II Gift and Pledge FCR 12 Philip Morris, Inc., Gift FCR 13 John H. Clark Estate Gift FCR 14 Scott S. Smith Pledge FCR 15 Sean S. Smith Pledge FCR 16 Kenneth E. Nutter and Robert W. Nutter Pledge FCR 17 Wyeth-Ayerst Pharmaceuticals, Inc. Gift FCR 18 Lexmark International, Inc., and Lexmark Employees Gifts and Pledges FCR 19 Northern Kentucky UK Alumni Club Gift and Pledge FCR 20 Ashford Stud Gift FCR 21 Ann Scott and Ralph E. Mason Gift FCR 22 Dr. Lee T. Todd, Jr. Gift and Pledge Minutes of the Meeting of the Board of Trustees of the University of Kentucky, Tuesday, December 11, 2001. The Board of Trustees of the University of Kentucky met at 3:00 p.m. (Lexington time) on Tuesday, December 11, 2001 in the Board Room on the 18th Floor of Patterson Office Tower. A. Meeting Opened Billy Joe Miles, Chairperson, called the meeting to order at 3:00 p.m., and the invocation was pronounced by Dr. Loys Mather. B. Roll Call The following members of the Board of Trustees answered the call of the roll: Mr. Paul W. Chellgren, Ms. Marianne Smith Edge, Mr. John "Jack" Guthrie, Dr. Loys Mather, Ms. Pamela May, Dr. Robert P. Meriwether, Mr. Billy Joe Miles (Chairman), Dr. Claire Pomeroy, Mr. Steven S. Reed, Mr. Frank Shoop, Ms. Marian Sims, Ms. Alice Sparks, Dr. Grady Stumbo, Ms. JoEtta Wickliffe, Mr. Billy Wilcoxson, Mr. Russ Williams, Ms. Elaine Wilson, and Ms. Barbara Young. Absent from the meeting were Dr. Elissa Plattner and Mr. Tim Robinson. The University administration was represented by President Lee T. Todd, Jr.; Acting Senior Vice President Jack C. Blanton; Senior Vice President and Chancellor of the Medical Center James W. Holsinger; Jr., Acting Provost Michael Nietzel; Acting Vice President for Research James Boling, and Mr. Richard E. Plymale, General Counsel. Members of the various news media were also in attendance. A quorum being present, the Chairperson declared the meeting officially open for the conduct of business at 3:05 p.m. C. Consent Agenda Mr. Miles said that the Consent Agenda consisted of two items: Approval of Minutes AACR 1 - Candidates for Degrees Ms. Sims moved approval of the Consent Agenda. Her motion, seconded by Ms. Edge, passed. (See AACR 1 at the end of the Minutes.) D. President' s Report to the Board of Trustees (PR 1) President Todd stated that there were many good things to report in PR 1; however, he would call attention to only a few of the items due to the length of the - 2 - agenda. He called attention to the following items: 1. Senior Jennifer Kasten of Nicholasville has received a 2002 Marshall Scholarship, a two-year award worth approximately $50,000. This is a program put in place by the British government in 1953 as a gesture of thanks to the United States for their help in World War II. 2. UK Student Government showed compassion to victims of the September 11, 2001 terrorist attacks. The students raised $6,560 for the Bluegrass Chapter of the Red Cross. 3. UK Hospital has been named a Magnet Hospital in recognition of outstanding nursing care at UK Hospital and UK Children' s Hospital. UK Hospital is the first in Lexington and only the 39th of almost 6,000 hospitals in the nation to achieve the recognition from the American Nurses Credentialing Center, a subsidiary of the American Nurses Association. 4. For the first quarter of this fiscal year, the UK Chandler Medical Center' s research funding is up from $41 million at this point last year to $57.8 million as of October 2, 2001. 5. Eight students in the Gatton College of Business and Economics were featured last week on CNBC' s "Power Lunch" program competing with 18 other schools. E. Self-Study Report President Todd recognized Christine Havice and Terry Birdwhistle who co-chair the Self-Study Steering Committee. He thanked Ms. Sparks for the time she had given to the Self-Study Report and called upon Dr. Havice to make her presentation to the Board. Dr. Havice gave the following report: Dr. Havice thanked the Board for making time to read the report at this busy season. She introduced the Steering Committee co-chair, Terry Birdwhistell, and stated that the executive director of the self-study, John Piecoro, was attending this year's Southern Association of Colleges and Schools (SACS) meeting in New Orleans. Dr. Havice said the purpose of the report today is to request the Board' s approval to send the 2001 UK Self-Study report - all 3 volumes of text and then the fourth volume of appendices - to SACS. This, of course, comes as preparation for SACS April visit to reaffirm our accreditation. The Board' s endorsement is an important part of the process. The Committee is grateful for the interest, attention, and participation by Ms. Sparks, the Board' s liaison to the Committee, in this effort in which she joined over 160 students, faculty, staff and administrators on 17 committees. In addition, through a variety of - 3 - surveys, interviews, focus groups, and special meetings, all members of the University community, including alumni and former faculty, have had a chance to provide content to this report. Dr. Havice said that her purpose was to convey some of the processes and parameters of the report, then inform the Board regarding the next steps of the accreditation process, and to let the Board know how it can participate and, finally, to give the Board members a chance to ask any questions. She said she hoped the Board had a chance to become familiar with some of the working draft structure, content, and conclusions, presented in the form of recommendations and suggestions. Principle committees were created to follow the major areas of SACS' emphasis, which are set forth as a series of Criteria. She noted those could be found, along with other information, on the self-study website. In addition to what SACS required, committees were added on research, public service, and staff to correspond to the University' s threefold mission and the variety of its stakeholders. Where committees found that the University is doing what it is supposed to do, they point to the data that demonstrate this and in some cases cite outstanding accomplishments. The co-chairs probably erred on the side of conservative there rather than trying to sound too proud of the University' s accomplishments. Where the University does not meet the criteria, the committees wrote recommendations. These must be implemented in order for UK to be accredited, and the Board will be glad to discover that there are relatively few of these. In other cases, the committees found that the University meets the letter but perhaps not the spirit of the criteria, or that additional improvements will move the University toward real excellence, and so the Committee wrote what SACS calls "suggestions". Suggestions do not carry the same urgency as recommendations, but they frequently capture the community' s aspirations and so should be read carefully and taken seriously. Dr. Havice said another feature of the report needs to be borne in mind: The co- chairs have been gathering and analyzing data since early 2000. In order to begin to bring closure to this long process, the first drafts were due back in February, and they have continued to work on subsequent drafts and then on coordinating the 17 separate reports over the summer. The Herculean task of making 17 reports read more like one long one fell to the Committee' s tireless editor, Carlton Currens, to whom the Committee is continuingly indebted. It became clear last spring that the Committee would have to figure out a way to stop the work, particularly when it realized the magnitude of changes that it would face with the change of administration in July. So, to keep things clear, they agreed that the reports would be written effective June 30th of this year; that is, before President Todd took office. This reinforced the belief that the report would not only serve what SACS needed in the accreditation process but would also provide the new president a combination of report and planning document, and, the Committee is pleased - 4 - to note, President Todd has confirmed reading it in this spirit. On the other hand, this June 30th report date has created something of a "time warp," for many of the important findings of the committees anticipated some of the first changes enacted by the new administration. The good part of this is, of course, that many of the recommended or suggested actions are already in place or in progress. The Committee asked for the Board' s agreement with the substance of the report, for correction of any remaining errors of fact, and for endorsement to send it on to the printer and thence to SACS. SACS has appointed Dr. Roger Sayers, emeritus President of the University of Alabama, to chair the visiting committee. He will come to campus in mid-February to finalize plans for that visit, as well as to meet key administrators and members of the Self-Study committee. Meanwhile, SACS is in the process of naming the members of the visiting committee - there will be somewhere between 30 and 35 from institutions throughout the southeast - to whom the report, in printed and CD format, will be sent. Dr. Havice thanked Joan Shropshire of the College of Fine Arts for her time in designing the report's covers and CD. On the home front, the so-called "Fix It" committee, charged by President Todd with acting on the report' s recommendations and under the direction of Senior Vice President Holsinger, will continue its work. These and any other relevant changes since last June will be captured in a written addendum to the Self-Study, to be sent to the visiting committee in March. And the Self-Study group will proceed with local arrangements for the care and feeding of the visiting committee. In all these myriad details, the unsinkable Connie Vaughn of the Self-Study office has been both a force and a source. She asked Connie to stand and receive thanks for managing everyone and everything else. Ms. Vaughn received a round of applause. The visit itself has long been set for April 15-18 and represents an intensive verification of the Self-Study' s findings. At its conclusion, the Chair will meet with the President to share with him preliminary findings; the formal written report of the visiting committee will come in the late summer, at which point the University will have the opportunity to respond, again in writing. All these documents become part of the formal record and will continue to serve the University in its work over the next decade. In the shorter term, they all come into consideration when SACS formally votes on the reaffirmation of accreditation at its annual meeting a year from now. What the Self-Study Committee can expect during the visit may be a little clearer once the Committee knows who has been named to the visiting committee. However, the Steering Committee joins SACS in encouraging Board members to participate. There will be an opening dinner with the visitors on April 15 to which the Board will be invited. Additionally, some of the team will visit distance learning sites in Eastern, Northern and/or Western Kentucky where the Committee may seek the Board' s involvement as local experts and hosts. Certainly, the Board will be kept apprised of the changes and - 5 - adjustments made before and after the visit and will be able to follow developments on the website as well as through the Board' s liaison, Alice Sparks. Without trying to summarize the report's findings in 25 words or less, that is what lies behind and in front of the draft document. Dr. Havice said she would be happy to try to answer any questions. She thanked the Board for their attention. Ms. Sparks thanked Dr. Havice, Mr. Birdwhistle, Connie Vaughn, and Dr. John Piecoro. She noted how valuable the Self-Study Report document is and how delighted she was to receive it. She commented about the work that had gone into the document. She said the document itself is clearly a blueprint for everyone to use and follow. The recommendations in the document must be carried out, as required by SACS. She said she was happy to learn that the "Fix It" committee had been appointed, and she feels quite sure that they will fix anything that needs to be fixed. Fortunately, as Dr. Havice pointed out, there are not as many recommendations as there could have been with other institutions. The Steering Committee has worked diligently, and it was a real pleasure to serve on the Committee. She asked the Board to give them a round of applause, and made a motion that the Board approve the report to be sent to SACS. Dr. Havice and Mr. Birdwhistle received a round of applause. Ms. May said she was very impressed with the document. As a new Board member she has not seen anything like this before. As a new Board member, it gives one a picture of the University and how so many things operate together. Not everyone on the Board came from an academic background; therefore, the report is like a mini-capsule that brought it together. It is clear that hundreds of thousands of hours went into the document. Ms. May said she is concerned about the comments at different places in the book about putting the document on a shelf after the accreditation process is over and not staying focused on the problems identified. As a Board member, it is critical to speak to this, and it is critical that there be some mechanism in place to make sure the document does not get put on a shelf. She said she is curious to know how the Board will stay abreast of the fact that the recommendations and suggestions are being tracked. President Todd said when he first met with the SACS committee somebody recommended a "Fix It" committee, and this is not the normal thing to do. Normally, the report is sent to SACS, and the university waits for the committee to come back with suggestions. He reported that the University has already started a "Fix It" committee, and Dr. Holsinger is chairman of that committee. The committee has already fixed two things that were in the book, and it is his goal to fix as many as possible before the accreditation team arrives on campus. There is no reason to do an analysis and wait for someone from the outside to come in and fix stuff Perhaps, Dr. Havice, Mr. Birdwhistle, and Dr. Holsinger can track some of SACS suggestions and report to the Board on a quarterly basis. - 6 - Ms. Sparks said the committee found out that some of the Board members went to the NCAA hearing. The committee was very impressed that Trustees were there, and they will be even more impressed if as many of the Board as possible can be at the dinner. President Todd said the University was restricted on how many Board members it could take to the NCAA hearing; however, that will not be the case when SACS comes to town. On motion made by Ms. Sparks, seconded by Ms. Edge and carried, the draft document was endorsed and approved by the Board for submission to SACS. President Todd thanked Dr. Havice and the University team for doing a good job. F. Commission for Diversity President Todd reminded the Board of his July 5th announcement appointing a Commission for the Status of Women and the appointment of Professor Carolyn Bratt as chairperson of that Commission. The Commission has already had two meetings. The meetings are open meetings, and information is available about their discussions. President Todd said it gives him great pleasure to announce that Dr. Deneese L. Jones is going to be the Chairperson of the Commission for Diversity. He reviewed background information about Dr. Jones. Dr. Deneese L. Jones came to the University of Kentucky in 1999 after earning a Ph.D. degree in Curriculum and Instruction with a reading emphasis from Texas A&M University. She also earned a M.Ed. in Curriculum and Instruction from Texas A&M University and a B.S. in Elementary Education from Texas Woman' s University in Denton, Texas. Dr. Jones' research focus is equity pedagogy with a concentration in literacy instruction, performance-based assessment, multicultural education, and teacher education for a pluralistic society. Dr. Jones is co-director for the Center for the Study of Academic Achievement in Learning Environments at the University of Kentucky. She is an Associate Professor in the Department of Curriculum and Instruction and has served as Associate Dean of the Graduate School for Recruitment and Diversity from 1998 to the present. On a national level, Dr. Jones was editor for Action in Teacher Education, the journal for the Association of Teacher Educators. President Todd said it was his pleasure to introduce Dr. Deneese Jones and to thank her in front of everyone for taking on this responsibility. He asked Dr. Jones to say a few words and noted that she may have some members of her group in the audience. - 7 - Dr. Jones said she would like to make one small correction in President Todd' s comments. She came to the University of Kentucky in 1991. She said that she had asked some of the commission members to attend the Board meeting and gave the following remarks to the Board: I would like to say that I have accepted this position with a tremendous sense of responsibility and urgency. I view it as an opportunity to create new milestones for the University of Kentucky in its stated commitment to champion diversity. More importantly, and contrary to the opinions of some, the journey toward diversity at UK is far from over. In fact, old challenges and new visions must merge to truly make a difference at this institution. All around us the deepening ethnic texture, interracial tension and conflict, and the increasing percentage of students who speak a first language other than English make the role of the Presidents' Commission on Diversity an imperative as we move forward into this new century. And since students of color will make up about 46% of the nation' s student population by 2020, the University of Kentucky, the Commonwealth' s flagship university, must be compelled to recognize, to appreciate and to value diversity of ethnic, cultural and racial groups, now not later for faculty, staff and students. In my ten years at the University of Kentucky, I have come to understand how individual beliefs, institutional norms, and political ideologies interact with and create one another in complex and contradictory ways. But, I am convinced that the marriage of hope with critique is not only possible but, in fact, indispensable for change to occur. Educational inequity takes many guises and results in differential outcomes for all. And, whether inequity is an intended outcome or not does not really matter; the end result is what counts. It is not secret that the University of Kentucky has had a roller coaster ride with regard to issues of diversity on this campus. Yet, in order to build a stronger institution of higher education, we must not only understand, but also begin to demonstrate the partnership of excellence and diversity. No doubt, this partnership should become the nucleus to all of our university' s goals and expectations, and it must be embraced at all levels. To reserve it only for a few is a mistake and unacceptable. Specifically, the Commission on Diversity has been charged by Dr. Todd to advise him on: 1. Matters of racial and ethnic diversity in employment, working environment, compensation and campus leadership; 2. Recommendations for enhancing the University' s recruitment, retention and graduation of minority students in all of its programs; 3. Recommendations for enhancing the University' s recruitment and retention of minority faculty and staff; and 4. Concerns about the creation of a campus that is inclusive in its cultural affairs, communications, curriculum, and extracurricular opportunities. - 8 - The charge is ambitious but needed. It is not lofty but practical. It is the only way to truly create a learning community. My aim is to develop a commission that will tackle this charge with diligence, persistence and energy. Nothing less will be acceptable. I am determined that the Commission will begin its work within the next few weeks with an earnestness that is indicative of a purposeful group poised toward action. In conclusion, she reported that the Commission consists of 19 members, including herself. This includes faculty, staff, students, and a community representative. She said she is excited about the make-up of the group and asked the Commission members who were present to stand and introduce themselves. The following individuals introduced themselves: Gregory Parks, Veleshia Smith, Dr. John Harris, Pat Johnson- Powell, Kamyar Mahboub, Dr. Leon Assael, Dr. Susan Roberts, Anthony Hartsfield, Victor Hazard, Reverend C. B. Akins, and Jacob Karnes. Dr. Jones said that she has asked 19 individuals, including herself, to work diligently toward the ends of the charge and the challenge that the Commission has. She will begin work as soon as her office is set up and plans to have a meeting early in January. Dr. Jones and the members of the Commission received a round of applause. G. Personnel Actions (PR 2) President Todd said that PR 2 recommends that approval be given to the attached appointments and/or staff changes that require Board action and report relative to appointments and changes already approved by the administration. Mr. Guthrie moved approval. Ms. Edge seconded the motion, and it carried. (See PR 2 at the end of the Minutes.) H. Proposed Amendments to the Governing Regulations (PR 3A) President Todd reported that the proposed amendments to the Governing Regulations in PR 3A were presented at the September 18, 2001 meeting. They are coming back to the Board at this time for approval. He expressed appreciation to Ms. Nancy Ray for her diligent work on these amendments. He reported that the document had been given to the University Senate, and the University Senate proposed several minor editorial changes to the September 18th version. Those changes have been incorporated into these amendments. On motion made by Ms. Wilson, seconded by Ms. May and carried, PR 3A was approved. (See PR 3A at the end of the Minutes.) -9- I. Proposed Amendment to the Governing Regulations to Establish a Staff Senate (PR 3B) President Todd said it gives him great pleasure to present this proposed amendment to the Governing Regulations for preliminary consideration at this meeting. The Board will take action at the next meeting, provided a month has elapsed. This amendment will provide the staff, many of whom have been at the University for many years, a great communication vehicle throughout the staff and faculty. President Todd said that he is totally in support of this amendment. He reported that he has met with the group several times. The group has gone through the Administrative Regulations with Dr. Blanton and his team and has tried to keep the amendment simple. He noted that there are several universities in Kentucky who already have staff senates. He feels it is time the University of Kentucky moves in this direction. Mr. Guthrie noted the number of senators being 175 and asked for the number of faculty senate. Dr. Mather reported there are 119 faculty senate members and approximately 1500 faculty. President Todd reported there are 9800 staff employees, and 175 are probably an appropriate representation. J. Administrative Regulation Revision (PR 3C) President Todd said PR 3C is a revision in the retirement plan. He asked Dr. Blanton to give a brief description of PR 3C. Dr. Blanton said that this Board action does two things: It allows personnel called up for the military to continue to make contributions to the University' s retirement system while they are away from the University on leave to serve in the military which heretofore was not permissible. Of course, while they are away the University will not be able to match their contributions. Another revision eliminates the one-year waiting period for people who came to the University and were not already in the retirement system. This brings the University in conformity with the law. On motion made by Ms. Sparks, seconded by Ms. Edge and carried, PR 3C was approved. (See PR 3C at the end of the Minutes.) K. Approval of Deferred Compensation Plan Document (PR 3D) President Todd asked Dr. Blanton to comment on PR 3D. Dr. Blanton reported that the United States Congress has recently changed the deferred compensation rules as they are applicable to the University as well as others - 10 - across the country. Previously, one could defer compensation either in the University' s deferred Compensation plan or by going to the 457 plan that the state government ran. Because the state government plan was far removed from the University, very few of the employees decided to do that. Under the recent rule change, the University can now offer on campus both the 457 and 403b plan, and this resolution allows the University to do that. It also allows employees to defer compensation in both of those plans up to a certain limit. Heretofore, employees could only defer compensation in one of the plans. This is a very technical kind of resolution, but it does bring the University into conformity with the recent United States laws applicable to deferred compensation. Mr. Chellgren moved approval of PR 3D. His motion, seconded by Dr. Mather, passed. (See PR 3D at the end of the Minutes.) L. Art Museum Director Emerita Title be Conferred upon Harriet Fowler (PR 3~E) President Todd reminded the Board of its action at the September meeting approving a new title series of staff emeriti. He said it gave him great pleasure to bring forth the first two recipients of that designation. Dr. Harriet Fowler came in 1981 as the curator of the University of Kentucky Art Museum and served in that capacity until 1990. In 1990, Dr Fowler was appointed Interim Director of the Art Museum until 1991 when she was appointed Director of the Art Museum. She served in that capacity until she retired in June of this year. Dr. Fowler dedicated her years of service to making the work of the arts available to all Kentuckians, and especially school children, during her tenure. The Art Museum received many acquisitions. In addition, she was instrumental in attracting many outstanding exhibitions to the University of Kentucky Art Museum. President Todd asked Dr. Fowler to stand and be recognized, following which she received a round of applause. M. Director Emeritus of the University Press of Kentuclk be Conferred upon Kenneth Cherry (PR 3F) President Todd said the second action for staff emeritus recommends the title of Director Emeritus of the University Press of Kentucky be conferred upon Kenneth Cherry in recognition of his long service and dedication to the University Press of Kentucky. He noted that the University Press of Kentucky consists of a lot of presses from universities around the state. In 1978, Mr. Cherry was named only the second Director of the University Press of Kentucky since its inception in 1969. Mr. Cherry was named Director then and had a staff of 19 employees and published between 23 and 26 titles a year. In the fiscal year 2000-2001, the University Press has a staff of 22 and publishes 50 titles a year. - 11 - In Mr. Cherry' s role as Director, he established the Thomas D. Clark endowment and was responsible for raising $2.4 million in funds for that endowment. He has distinguished himself and brought great distinction to Kentucky and the Commonwealth of Kentucky during his tenure as Director of the University Press of Kentucky. President Todd asked Mr. Cherry and his wife, Sylvia, to stand and be recognized, following which they received a round of applause. President Todd said when you bring about a title series with this distinction, it is good to have the caliber and character of these two individuals to set the standard for the recommendation for staff emeriti that will to come before the Board. He congratulated Dr. Fowler and Mr. Cherry. N. Renaming Sports Center Drive (PR 3G) President Todd said that PR 3G is a recommendation that Sports Center Drive on the University campus be renamed The Jerry Claiborne Way. He said the best information you can ever get about Coach Claiborne is to ask one of his players to talk about him. They start mentioning words like character, substance, teaching and get tears in their eyes since he was a great Kentuckian. As a student, Coach Claiborne majored in mathematics and lettered three years in football. He was the football coach at UK from 1982-1989, leading the Wildcats to two bowl games. He lived with integrity and honesty. He still holds the Southeastern Conference (SEC) record for interceptions in a seas