Meeting Minutes, May 16, 2008

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Creator: Offices of Board of Trustees and President
Subjects: Administration, Board of Trustees, BOT Minute Books
Date: May 16, 2008
Format: Text/pdf
Original Format: Computer file
Resource Identifier: MAY 16 2008.pdf
Collection Number: UA 1
Language: English
Rights Management: Educational use only, no other permissions given. Copyright to this resource is held by Michigan State University and is provided here for educational purposes only. It may not be reproduced or distributed in any format without written permission of the University Archives & Historical Collections, Michigan State University.
Contributing Institution: Offices of Board of Trustees and President; University Archives & Historical Collections; MATRIX
Contributor: Offices of Board of Trustees and President
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Transcript: MINUTES OF THE MEETING
OF THE
MICHIGAN STATE UNIVERSITY
BOARDOFTRUSTEES
May 16,2008
President Simon called the meeting of the Board of Trustees to order at 9:35
a.m. in the Board Room.
Trustees present: Joel Ferguson, Melanie Foster, Dorothy Gonzales, Colleen
McNamara, Donald Nugent, Faylene Owen, George Perles, and Scott Romney.
University officers present: President Simon, Provost Wilcox, Vice President
Poston, Secretary Beekman, Vice President and General Counsel Noto, Vice
Presidents Denbow, Gray, and Hudzik, Interim Vice Presidents Cash and Heil,
Senior Advisor and Director Granberry Russell, and Senior Associate Vice
President Maybank. Faculty liaisons present: Rebecca Henry, Jim Potchen,
John Powell, and Spiro Rand. Student liaisons present: Jordan Robinson and
Michael Webber.
All actions taken were by unanimous vote of the Trustees present, unless
otherwise noted.
1. On a motion by Trustee Romney, supported by Trustee Gonzales, the
BOARD VOTED to approve the agenda.
2. On a motion by Trustee Romney, supported by Trustee Foster, the
BOARD VOTED to approve the minutes of February 22,2008.
3. President's Report
A. Recognition of E. James Potchen and Geri Potchen
President Simon stated that the faculty, staff, and retirees have
played an important role in the success of the Capital Campaign
and on-going fund raising activities. She asked Trustee Ferguson
to present Dr. E. James Potchen with the Theophilus C. Abbot
Society plaque and explained that the award recognized monetary
commitments to MSU between $250,000 and $499,999, or a
documented planned gift of at least $500,000.
Trustee Ferguson said that the award was just a small token of
appreciation for the many contributions Dr. and Mrs. Potchen have
made over the years.
Dr. Potchen thanked President Simon and the Board for the plaque.
He indicated that MSU has been a big part of his life and will
continue to be.
B. MSU Appoints New Assistant Vice President for Human Resources
President Simon asked Vice President Poston to announce the new
appointment of the Assistant Vice President for Human Resources.
Vice President Poston said that Mr. Brent Bowditch has accepted
the position. Mr. Bowditch is currently on the Human Resources
staff at Purdue University. He will begin serving as MSU1s
Assistant Vice President for Human Resources on September 1,
2008.
C. MSU Innovation-Undergraduate Research and Arts Forum
President Simon asked Dr. Doug Estry, Associate Provost and
Dean of Undergraduate Education, to comment on the
undergraduate research forum.
Dean Estry stated that MSU undergraduate students are
undertaking amazing research. The undergraduate research forum
is an annual event showcasing that research. This year, over 500
MSU students presented research projects.
D. Three MSU Seniors Receive Sudler Prize in the Arts
President Simon said that three MSU seniors, John McLain Pray of
Charlotte, Robert Parks of Grand Rapids, and Margaret McCall of
Detroit, were recipients of the 2008 Louis Sudler Prize in the Arts.
It is awarded annually to top college seniors from across the
country who have demonstrated outstanding achievement in the
area of performing and creative arts. Students are recommended
for the award by faculty members from their home institutions.
E. Sorority and Fraternity Philanthropy
President Simon noted that Greek Week 2008 was a coming
together of students who make up the 45 organizations of the Pan-
Hellenic, Interfraternity, and Independent Greek Councils at MSU.
Approximately 2,300 students participated in these events. Last
year, a total of over $228,000 was raised and donated to charitable
organizations, including $208,000 to the American Cancer Society
via the Greek-only Relay for Life and $5,000 each to Michigan
Special Olympics, Make-A-Wish Foundation, a scholarship in the
Board of Trustees Minutes 05.16.08 2
name of Mary Beth Knox, and an organization called Share Laura's
Hope.
President Simon stated that while the results for 2008 are not fully
in, it is believed that the Greek-only Relay at MSU will be one of the
top five largest earning Relay for Life programs in the country. The
students deserve great thanks for their outstanding efforts.
F. Men's Golf Big Ten Championship and Coach of the Year
President Simon stated that the men's golf team captured its
second consecutive Big Ten Championship at Forest Akers West
Golf Course on April 27. In addition, first year head coach Sam
Puryear was named the Big Ten Conference's Men's Golf Coach of
the Year.
G. Women's Rowing Team Big Ten Championship
President Simon announced that the women's rowing team also
won the Big Ten Championship. The fifth ranked Spartans head to
the SouthICentral Regional May 17-1 8.
H. Joel Ferguson Honorary Degree
President Simon said that Adrian College presented Trustee
Ferguson with an honorary degree at its commencement ceremony
on April 27. It is recognition of the terrific role that Trustee
Ferguson has played as a public servant. His actions exemplify
those of a Land Grant scholar, a person of innovation, creativity,
and determination, and the focus of public service for the good of
the community.
4. There was no Public Participation on Issues Germane to the Agenda.
5. Personnel Actions
Provost Wilcox presented the following appointment:
Zimmer, Ronald W., AY-Associate Professor, Department of Educational
Administration, $1 05,000, with Tenure, effective August 16, 2008.
Trustee Owen moved to approve the appointment, with support by
Trustee Foster.
Provost Wilcox said that Dr. Zimmer has a Ph.D. from the University of
Kentucky. He has been a Visiting Assistant Professor at the Martin
Board of Trustees Minutes 05.16.08 3
School of Public Policy at the University of Kentucky and was an
Associate Policy Analyst and Policy Analyst at the Rand Corporation from
1999 to present. His research interests include school reform, charter
schools, and urban contexts.
THE BOARD VOTED to approve the appointment.
President Simon presented the following Personnel Actions:
It is recommended that the Executive Management position title of Vice
President for Advancement be established effective May 16, 2008.
Further, it is recommended that appointment approval for this position be
retained by the Board of Trustees and approval authority for all other
personnel actions related to this position be delegated to the President.
It is recommended that the Executive Management position title of
Associate Vice President for Advancement Services be established
effective May 16, 2008.
Further, it is recommended that appointment approval and all other
personnel actions related to this position be delegated to the President
with authority from the President to redelegate to the Vice President for
Advancement authority for personnel actions other than appointment.
It is recommended that the Executive Management position title of
Associate Vice President for Alumni Relations and Executive Director of
the MSU Alumni Association be established effective May 16, 2008.
Further, it is recommended that appointment approval and all other
personnel actions related to this position be delegated to the President
with authority for the President to redelegate to the Vice President for
Advancement authority for personnel actions other than appointment.
Trustee Owen moved to approve the recommendations, with support by
Trustee Foster.
THE BOARD VOTED to approve the recommendations.
Trustee McNamara exited the meeting and did not participate in the
remainder of the meeting.
6. Gifts, Grants, and Contracts
Vice President Gray introduced Dr. Cris Sullivan, Associate Chair of the
Psychology Department. As coordinator of MSU's Violence Against
Board of Trustees Minutes 05.16.08
Women Research and Outreach Initiative, Dr. Sullivan's presentation
focused on the Initiative's research on violence against women and how
that research has translated into positive action locally. (Appendix A)
7. Finance Committee
Trustee Nugent presented the Trustee Finance Committee Report and
recommendations.
A. Authorization to Plan-Facility for Rare lsotope Beams
It was recommended that the Board of Trustees authorize the
administration to plan for the project entitled Facility for Rare
lsotope Beams.
Trustee Nugent moved to approve the recommendation, with
support from Trustee Foster.
Vice President Poston noted that this was in preparation for the
submission of a grant proposal to the Department of Energy.
THE BOARD VOTED to approve the recommendation.
B. Bid and Contract Award (budget reduction) Spartan Village
Apartments-Zone One Demolition-Phase II
It was recommended to the Board of Trustees that a contract in the
amount of $2,393,000 be awarded to Pitsch Companies and the
budget be reduced from $5,200,000 to $4,800,000 for the project
entitled Spartan Village Apartments-Zone One Demolition-Phase
11.
Trustee Nugent moved to approve the recommendation, with
support from Trustee Foster.
Trustee Foster asked why the budget for the project was double the
amount of the bid.
Mr. Bob Nestle, University Engineer, said that MSU's Physical Plant
would perform some of the work in addition to design fees and
contingencies that are included in the budget.
THE BOARD VOTED to approve the recommendation.
C. Bid and Contract Award (budget adjustment) Erickson Hall-
Exterior Restoration
Board of Trustees Minutes 05.16.08 5
It was recommended to the Board of Trustees that a contract in the
amount of $2,965,000 be awarded to lrish Construction Company
and the budget be increased from $2,100,000 to $3,700,000 for the
project entitled Erickson Hall-Exterior Restoration.
Trustee Nugent moved to approve the recommendation, with
support from Trustee Romney.
Vice President Poston indicated that the cost increase was due to a
construction drawing error: the structural supports that the architect
intended to use would not be strong enough to support the curtain
wall.
THE BOARD VOTED to approve the recommendation.
D. Bid and Contract Award-MSU Surplus Store and Recycling Center
It was recommended to the Board of Trustees that a contract in the
amount of $8,855,700 be awarded to lrish Construction Company
for the project entitled MSU Surplus Store and Recycling Center.
Trustee Nugent moved to approve the recommendation, with
support from Trustee Owen.
THE BOARD VOTED to approve the recommendation.
E. New lnvestment Manager-Sankaty Advisors, LLC
It was recommended to the Board of Trustees that Sankaty
Advisors, LLP be selected as an investment manager.
Trustee Nugent moved to approve the recommendation, with
support from Trustee Foster.
Trustee Romney abstained from voting due to his investments in
other funds affiliated with Bain Capital.
THE BOARD VOTED to approve the recommendation.
F. New lnvestment Manager-U.S. Venture Partners
It was recommended to the Board of Trustees that U.S. Venture
Partners be selected as an investment manager.
Board of Trustees Minutes 05.16.08
Trustee Nugent moved to approve the recommendation, with
support from Trustee Foster.
THE BOARD VOTED to approve the recommendation.
President Simon stated that information about the University's projected
2008-09 fiscal year budget was available for review on MSU's website.
She noted that MSU was continuing to work on simplifying the tuition and
fees structure in order to address concerns of both full-time and part-time
students. Expenses for healthcare and faculty salaries continue to be
important issues, in addition to utility costs.
8. Policy Committee
Trustee Romney presented the Trustee Policy Committee Report and
recommendations.
A. Adoption of Revision to the MSU Bylaws for Academic
Governance, Section 4.9.1
It was recommended to the Board of Trustees that it approve
revisions to the Michigan State University Bylaws for Academic
Governance, Section 4.9.1. (Appendix B)
Trustee Romney moved to approve the recommendation, with
support from Trustee Owen.
THE BOARD VOTED to approve the recommendation.
B. Repeal of the Interim Guidelines for Potential Conflicts of lnterest in
Academic Areas of the University
It was recommended to the Board of Trustees that it repeal the
lnterim Guidelines for Potential Conflicts of lnterest in Academic
Areas of the University. (Appendix C)
Trustee Romney moved to approve the recommendation, with
support from Trustee Foster.
THE BOARD VOTED to approve the recommendation.
C. Approval of Contract Terms: Star Tech
It was recommended to the Board of Trustees that it approve the
execution of a professional services contract with Star Tech,
consistent with earlier public notice given at a Board meeting and
Board of Trustees Minutes 05.16.08 7
with the "Professional Services Contract Term Sheet" distributed to
the Board. (Appendix D)
Trustee Romney moved to approve the recommendation, with
support from Trustee Nugent.
THE BOARD VOTED to approve the recommendation.
D. Notice of Intent to Negotiate a Contract with Toxicogenomic
lnformatics & Solutions, LLC, a Company in which a Faculty
Interest Exists
Pursuant to State law, Trustee Romney gave public notice of the
University's intent to negotiate contracts with Toxicogenomic
lnformatics & Solutions, LLC, a Michigan limited liability company
based in Lansing. Dr. Lyle D. Burgoon, a Visiting Assistant
Professor in the Department of Biochemistry and Molecular Biology
and Pharmacology and Toxicology, and Dr. Timothy R.
Zacharewski, a Professor in the Department of Biochemistry and
Molecular Biology and the National Food Safety and Toxicology
Center, each own, or have options to buy, an ownership interest
which exceeds 1 percent of the company. Dr. Burgoon and Dr.
Zacharewski are also officers in Toxiogenomic lnformatics &
Solutions, L L C.
9. Trustee Audit Committee
Trustee Perles said the Audit Committee had an overview of the Internal
Audit Plan for 2008-09 and of the activities of the Office of Regulatory
Affairs, which included the human research protection program, the animal
care program, and environmental health and safety.
10. Trustees Comments
Trustee Ferguson stated that MSU was enjoying a great spring and that
he looked forward to the next meeting.
Trustee Romney said he was impressed with the diligence of MSU in its
work to keep costs down and to meet compliance requirements. He noted
that there were so many examples of excellence across campus and that
he was proud to see MSU accomplishing so much.
Trustee Owen introduced Dr. Rand Spiro, Faculty Liaison to the Board, as
a new member of the liaison committee. She asked Dr. James Potchen,
Faculty Liaison to the Board, to comment on energy conservation
initiatives.
Board of Trustees Minutes 05.16.08 8
Dr. Potchen said the faculty are working to reduce excessive energy use
on campus. There is a great opportunity to create substantial savings by
reducing the amount of energy used.
Trustee Nugent thanked everyone involved in commencement events.
The ceremonies are always very impressive for the students and parents
that attend. Trustee Nugent noted that he and Chairman Ferguson had the
pleasure of joining the first commencement exercise of the College of
Music since it was named the College of Music.
Trustee Perles said a fundraiser at the Breslin Center for John Shinsky
and his orphanage was attended by over 1,100 people and featured Terry
Bradshaw as the speaker. Trustee Perles noted that guests enjoyed
being in the Breslin Center and suggested that more large banquets be
held there.
Trustee Gonzales said she was glad to see Trustee Perles recovering so
quickly from surgery and wished him well.
Trustee Foster asked the student liaisons to the Board to introduce
themselves.
Mr. Michael Webber, student liaison to the Board, said he was
representing the Student Assembly for ASMSU.
Mr. Jordan Robinson, student liaison to the Board, said he represented
the Council of Graduate Students.
Trustee Foster thanked them for their participation in the morning meeting.
She thanked University Development for organizing the beam raising for
the Secchia Center in Grand Rapids. The event was well attended.
11. Public Participation on Issues Not Germane To The Agenda
A. MSU and lnterlochen
Mr. John Stewart, State Representative and MSU Alumnus, said he
wanted to speak about MSU and its relationship with the
lnterlochen National Arts Academy. He noted that Mr. John Bragle,
MSU Alumnus, had been chosen as conductor and musical director
of all choral activities at Interlochen. This is one of the few times
that an MSU graduate has been chosen for this position. Mr.
Stewart asked that MSU support the efforts of the lnterlochen
National Arts Academy and its new conductor and director.
Board of Trustees Minutes 05.16.08 9
J and Interlochen
John Bragle, conductor and musical director at the lnterlochen
onal Arts Academy, said that he hoped lnterlochen students
Id be visiting MSU's College of Music. He said he looked
lard to working closely with MSU in his new position.
Dn by Trustee Romney and supported by Trustee Nugent, THE
'OTED to adjourn at 10:45 a.m.
TO THE MSU BOARD OF TRUSTEES
MAY 16, 2008
CRIS SULLIVAN
COLLEGE OF SOCIIATJ SC:IENCE
Facilitated by the Office of the Vice President for
Research and Graduate Studies
'violence against women'
pervasive and serious problem
and includes
sexual abuse, rape, intimate partner
abuse (including woman battering),
elder abuse, incest, sexual harassment,
stalking, femicide, trafficking,
prostitution, and dowry abuse.
I\ Mental and Physical Health Consequences
Depression Post Traumatic Stress Disorder Anxiety Suicidal Thoughts
Suicide Attempts Emotional Detachment Helplessness Chronic Illness
Nausea Infertility Stress Sexual Transmitted Infection Bladder Infection
Miscarriage Disordered Eating Behavior Broken Bones Substance Use
Bruising Muscle Cramps Partial loss of Vision Fear Poor Appetite
Partial loss of Hearing Self-esteem Sexual Dysfunction Vaginal Bleeding
Migraine Headaches Stomach pain
Chronic Back Pain Broken Teeth
Pregnancy Complications Social Withdrawal
Sleeping Problems Flashbacks
Confusion Shock Unplanned Pregnancy
Chest Pains Pelvic Pain Fatigue
Loss of Interest Nightmares
Self-blame Intrusive Thoughts Ulcers
DEPARTMENOTF PSYCHOLOGY
N. Buchanan, D. Bybee, R. Campbell, & C. Sullivan
SCHOOOLF SOCIAWLO RK
A. Kennedy & S. Kubiak
DEPARTMENTO F FAMILY& CHILDE COLOGY
R. Parra-Cardona
SCHOOOLF C RIMINAJULS TICE 1
C. Maxwell
COLLEGOEF COMMUNICATION
ARTS AND SCIENCES
L. Post
Building a violence against women research
infrastructure in a community setting
Vlolence against women on college campuses
Sexual Assault Nurse Examiner programs
Intimate partner abuse in Asian communities
Prosecution of intimate partner abuse and
sexual assault
Accountability and treatment for Latino men
Treatment for incarcerated women with a
history of victimization
Homeless pregnant or parent~nga dolescent
women exposed to violence
Sexual assault surveillance system
11 Some of Our Community Partners
C.H.A.S.S.
National Coalition Sparrow Hospital
Against Domestic Genesee County
Violence Women ARISE Henry Ford Court
System Administration
Ireland's National
Network of Women's
Refuges and
Support Services
Ceninte Trr faonr sWitiomn en
Women's Law
and Policy Project
La Vida
Michigan Alternatives for Girls
Against Alternatives Against
Domestic and Scottish
Sexual Violence Aggression Safe House Center Women's Aid
%&
hEh
Turning Point,
Inc Michigan
Department of
Community
National SexHuaela lth
Violence
Resource Center
Fathering After
11 I Faculty Partners' Extramural Funding Sources
National lnstitute of Mental Health,
National lnstitute of Drug Abuse,
Centers for Disease Control,
National lnstitute of Justice, U.S.
I Department of Justice, Robert Wood
Johnson Foundation, Michigan
Department of Community Health,
Center for Impact Research, Soros
Foundation, Michigan Department of
Corrections, National Sexual Assault
Resource Center, Detroit Wayne
County Community Mental Health
Over $25 Million Board, and others.
I / some Examples of Public Policy Impact
Expertise informed National Project will institutionalize
Academy of Science's screening, assessment, and
federal research agenda on referral of mental health
violence against women needs for women entering
(C. Maxwell & L. Post) the Wayne County Jail
(S. Kubiak)
Research used as Research informed Illinois
congressional evidence for state policy protecting
new provision in adolescents victimized by
Violence Against Women Act physical or sexual violence
(R. Campbell & C. Sullivan) (A. Kennedy)
I NlMM Violence Aifainst Women
Translational Research Center
NlMH Developing NIMH Advanced Grant
Center Grant: Center Grant Renewal
$5 Million $10 Million $10 Million
I I I I I I I I I I
Y r l j Y r 2 ! Y r 3 I Y r 4 I Y r 5 I Y r 6 I Y r 7 i Y r 8 1 Y r 9 1 Y r l 0 l Y r l l +
1) Research Goals of the NIMH-Funded Center
1. Examine mental health
outcomes of diverse groups of
women who have experienced
cumulative victimizations. - 2. Test interventions/services
designed to improve these
mental health outcomes.
3. Collaborate with community
partners and use findings to
impact policy. - --*
I/ Future Directions
MSU, a national and international leader
in violence against women research
Appendix B
Current Language
4.9.1. The Committee on Student Affairs shall have four faculty members selected by
the Faculty Council. The committee shall have seven student members
appointed as follows: three ASMSU Student Assembly appointees, viz. the
Chairperson of the ASMSU Student Assembly or a designee, an appointee of
the Black Student Alliance with the approval of the ASMSU Student Assembly
and a female appointee; two COGS appointees; and two ASMSU Academic
Assembly appointees, viz. one college representative and one other ASMSU
Academic Assembly member, one of whom should be non-white. The Vice
President for Student Affairs and Services or a designee shall be a member with
voice but no vote.
Proposed Language
4.9.1. The Committee on Student Affairs shall have four faculty members selected by
the Faculty Council. The committee shall have seven student members
appointed as follows:
Three ASMSU Student Assembly appointees, including the Chairperson of the
ASMSU Student Assembly, or a designee; two COGS appointees; and two
ASMSU Academic Assembly appointees. Committee appointees are expected
to reflect the diversity of their constituencies. The Vice President for Student
Affairs and Services, or a designee, and the University Ombudsman, shall be
members with voice, but no vote.
Bylaws Revision 4.9.1 .doc
- MSU Human Resources - Interim Guidelines for Potential Conflicts of Interest in Acae
Appendix C
Interim Guidelines for Potential Conflicts of Interest in
Academic Areas of the University
VI. RESEARCH AND CREATIVE ENDEAVOR (Con?.)
INTERIM GUIDELINES FOR POTENTIAL CONFLICTS OF INTEREST IN ACADEMIC
AREAS OF THE UNIVERSITY
Commercialization by faculty/academic staffof their research poses special conflict of interest
possibilities. These are dealt with through the following Interim Guidelinesfor Potential Conflicts of
Interest in Academic Areas ofthe University approved by the Board of Trustees on October 22, 1982.
I. Preamble
Universities have very important roles in the societies which support them. Among these roles is honest
and candid assessment of ideas, facts, the state of knowledge and of assessments made by other groups
or organizations. This important role of certifying the accuracy, validity or status of information is only
possible if those who perform the task are, and are perceived to be, free from bias and conflicts of
interest.
Further, faculty and academic administrators in accepting full-time University appointments thereby
make a commitment to the University that is understood to be full-time. Every academic member of the
University is expected to accord the University his or her primary professional loyalty, and to arrange
outside obligations, financial interests and activities so as not to conflict with this overriding
commitment to the University.
At the same time, involvement of University professionals in outside professional activities, both public
and private, often serves not only the participants but the University as a whole and the public interest as
well. Further, a land-grant university such as Michigan State University is expected to be broadly
engaged in facilitating the application of knowledge to new and improved technologies and to meet the
needs of society for its improvement and enrichment.
The potential for real and perceived conflicts of interest and conflicts of commitment that can arise when
academic employees are simultaneously involved in more than one organization must be clearly
identified by the individuals themselves and made known to their chairpersons, deans or other
administrators so that any potentially detrimental influences can be avoided.
The University already has several sets of policies and procedures for guiding activities in these areas.
Among these are the BJ~~LI_c!If I~th.eT Boc/r.d qf T~.zr.c~egtsh.e MSU Faculty Handbook, Faculty and
University Rights in University Sponsored Instructional Materials, Michigan State University Patent
Policy, Basic Policies for Sponsored Research and Consulting Relationships, Outside Work forPa3, and
others. It is the academic employee's responsibility to be aware of the content of these policies and
guidelines, and when in doubt, to refer the full details of the matter to an appropriate academic
administrator.
The growing frequency with which current or prospective faculty research provides a point of departure
for commercial development of a technology is bringing new exposure of academic employees to
potential conflicts of interest and conflicts of commitment. The University wishes to encourage the
emergence of new high technology industries while avoiding the problems that potential conflicts of
MSU Human Resources - Interim Guidelines for Potential Conflicts of Interest in Acade ... Page. 2 of 4
interest can bring. The following interim guidelines will provide a framework for handling these
potential conflicts. Following review of these interim guidelines by appropriate academic governance
committees, existing policies and guidelines will be amended to provide for these special cases.
11. Supplemental Guidelines and Procedures for Addressing Potential Conflicts of Interest and
Conflicts of Commitment when Dealing with Firms in which MSU Faculty Have an Interest
A. Definitions
1 . Conflicts of Interest are situations in which University employees may have an opportunity to
influence University administrative, business or academic decisions in ways that could lead to
personal gain or give improper advantage to others.
2. Conflicts of Commitment are situations in which a University employee's external activities,
often valuable in themselves, and even when they result in no personal gain or improper
advantage for others, nevertheless interfere improperly with his or her paramount obligations to
students, colleagues and the University.
B. Proposed Guidelines and Procedures
1. The applicable laws of the federal government and the state of Michigan and policies of the Board
of Trustees of Michigan State University shall control University guidelines and practices for
addressing potential conflicts of interest.
2. Where faculty are participating in a firm wishing to negotiate a patent or copyright license or a
contract involving some of those faculty, full written disclosure is required of all aspects of any
and all participating faculty member(s)' relationship with that firm. Such written disclosure must
be provided by the faculty member(s) and/or the company before any agreements with the
company can be completed. Disclosed information must be provided in writing to the department
chairperson, dean and the University officers negotiating the particular agreement under
consideration.
3. If disclosure reveals that the potential for conflicts of interest is of a de minimis nature, the
cognizant University officers may proceed to negotiate agreements and to institute appropriate
safeguards. If the disclosures reveal that the potential for other than de minimis conflicts of
interest or conflicts of commitment are present, an agreement may not be completed without a
formal prior report by the president to the Board of Trustees. If acceptable means can be assured
for avoiding undesirable consequences of the conflict situations, the president shall inform the
Board of the proposed procedures. The Board may delegate the decision to approve the agreement
to the president or reserve it for themselves.
4. De minimis potential for conflicts of interest shall be deemed to exist if a), b) or c) prevail:
1. There is only one MSU faculty member involved with the company and all five of the
following are true:
1. The faculty member and his or her immediate family cumulatively own or have
options to buy less than five (5) percent of the company's voting stock,
2. The faculty member holds no executive office in the company and is not a member
MSU Human Resources - Interim Guidelines for Potential Conflicts of Interest in Acade ... Page 3 of 4
nor an officer of its Board of Directors,
3. The faculty member contemplates no consulting arrangement with the company that
exceeds the University's upper limits on number of days per month or the upper limits
for rates of pay for consultants of comparable expertise and experience in the field,
4. The faculty member agrees in writing to make no changes in any of these
relationships during the period of any agreement between the company and the
University without prior notice to and approval of the University,
5. The faculty member agrees to report annually to the chair, dean and cognizant
University officer on the agreement concerning hisher relationships with the
company.
- OR-
2. If there are two or more MSU faculty members with relationships to the company and all
five of the following are true:
1. They and their families collectively do not own or have options to buy more than
thirty (30) percent, nor individually own or have options to buy more than five (5)
percent of the company's voting stock,
2. They hold no executive offices nor board memberships nor board office in the
company,
3. They contemplate no consulting agreements that exceed University limits on days per
month or exceed the rate paid to other consultants of comparable expertise and
experience in the field,
4. They each agree in writing not to change their relationships with the company
without notification of and prior approval by the University,
5. They each annually report to the cognizant University officer responsible for
managing the agreement with the company concerning their relationships with the
company.
3. A faculty member agrees to reduce hisher appointment in the department during the period
of potential conflict and this is approved by the chairperson, dean and provost.
5. Other than de minimus potential conflicts of interest are those situations which exceed the limits
outlined in B.4. These are to be handled as stated in B.3.
N g t ; Guidelines for Potential Conflicts of Interest Pertaining to Applications for NSF and PHs
Research Support
MSU Human Resources - Conflicts of Interest, Faculty
Attachment B
Page 1 of 5
Conflicts of Interest, Faculty
This policy was approved by the Board of Trustees on April 13, 2006.
1. (a) As a modern research-intensive land-grant university, Michigan State University must
maintain the trust of the general public which supports it and which it serves. For the University
to do so, its faculty1 must pursue their research, teaching, outreach, and service responsibilities
with integrity and proper professional judgment in a manner consistent with the highest standards
of their respective disciplines and in the best interests of the University. A faculty member's
reputation for integrity and for exercising proper professional judgment can be seriously
compromised, however, if the faculty member fails to avoid or disclose a conflict of interest.
Moreover, an individual faculty member's unrnanaged and unresolved conflicts of interest can
undermine confidence in the university and, thus, harm its standing and that of its entire faculty.
(b) This Policy addresses the disclosure, review, management, and resolution of conflicts of
interest relating to the performance by faculty of their research, teaching, outreach, and service
responsibilities at the University. For purposes of this Policy, a conflict of interest exists when a
faculty member's financial interests or other opportunities for tangible personal benefit may
compromise, or reasonably appear to compromise, the independence of judgment with which the
faculty member performs hisher responsibilities at the University.
2. The President, in consultation with a joint subcommittee of the University Graduate Council
(UGC) and the University Committee on Faculty Affairs (UCFA), will appoint a Faculty Conflict
of Interest Information Officer (FCOIIO) to serve as a resource to faculty and administrators on
defining and addressing conflicts of interest and to convene the Conflict Review Committee
described in Paragraph 6.
3. Each faculty member is responsible for disclosing hisher own conflicts of interest in accordance
with the procedure established under Paragraph 4(a).
4. (a) (i) The FCOIIO shall prepare a model college procedure for faculty members to report their
own conflicts of interest.
(ii) Any college that chooses not to adopt the model procedure may develop its own procedure for
its faculty to report their conflicts of interest, provided that the Vice President for Research and
Graduate Studies (VPRGS) approved the procedure after consulting with the FCOIIO.
(b) The VPRGS shall establish a mechanism, after consulting with the FCOIIO, for investigating
concerns or allegations regarding conflicts of interest on the part of faculty which are not selfreported.
MSU Human Resources - Conflicts of Interest, Faculty Page 2 of 5
5 . (a) The conduct of research by faculty, particularly research involving human subjects, and
efforts to commercialize intellectual property created by faculty present situations in which the
disclosure and management of conflicts of interest are especially important. The University
administrators charged to manage those areas shall, therefore, prepare disclosure processes, in
consultation with academic governance, that accord with applicable legal requirements, including
rules imposed by external funding sources, and that permit the timely assessment and resolution of
conflicts of interest relating to research and to commercialization of intellectual property created
by faculty.
(b) The University will not make expenditures on externally funded sponsored research or
transfer rights in intellectual property to entities in which faculty have a financial interest unless
all required disclosures have been made and any conflicts of interest identified as a result of the
disclosures have been evaluated and resolved.
6. The VPRGS shall establish a Conflict Review Committee (CRC) composed of three faculty
members from different disciplines, one of whom they will select as chairperson. The deans and
the director of the National Superconducting Cyclotron Laboratory (NSCL), after consultation
with the relevant faculty advisory body at the college/NSCL, will nominate faculty candidates.
Final selection of the faculty members will be made by the joint subcommittee of the UGC and
the UCFA. CRC members shall serve for staggered three-year terms. They may be reappointed
to additional terms. The FCOIIO shall convene the CRC and may assist the CRC in its
deliberations.
7. (a) When a faculty member self-reports a possible conflict of interest pursuant to the procedure
established in Paragraph 4(a), the faculty member's unit administrator should review the
disclosure with the faculty member's dean2. If the unit administrator and the dean agree that no
conflict of interest exists, they shall inform the faculty member and the VPRGS of that
determination in writing.
(b) (i) If any conflict of interest is identified as a result of the disclosures made by a faculty
member under Paragraph 4(a), or as a result of a report made by another party and investigated
pursuant to the mechanism established in Paragraph 4(b), the faculty member's unit administrator
shall develop a written plan for the resolution or management of the conflict of interest in
consultation with the faculty member, the FCOIIO, and, depending on the subject matter of the
conflict, appropriate representatives of the central administration.
(ii) The plan shall be submitted, first, to the faculty member's dean for approval, then to the CRC
for review and comment, and, finally, to the VPRGS, who may accept the plan or decide to
implement another plan for the management or resolution of the conflict of interest.
(iii) If the dean does not approve the plan developed by the unit administrator, the dean may
adopt a different plan for the management or resolution of the conflict of interest. In that event,
both plans shall be submitted to the CRC for its review and comment. After receiving the
recommendations of the CRC on the matter, the VPRGS shall decide on the plan for the
management or resolution of the conflict of interest, and shall report hislher decision to the CRC,
faculty member, unit administrator, and dean.
MSU Human Resources - Conflicts of Interest, Faculty Page 3 of 5
(iv) If the faculty member does not agree with the unit administrator's plan for the management
or resolution of the conflict of interest, the faculty member may submit an alternative plan to the
dean. The dean may accept the faculty member's plan, the unit administrator's plan, or formulate
a different plan. The plans of the faculty member, unit administrator, and dean shall be distributed
to the members of the CRC, which shall submit its recommendations on the matter to the
VPRGS. The VPRGS shall decide on the plan for the management or resolution of the conflict of
interest, and shall report hislher decision to the CRC, faculty member, unit administrator, and
dean.
(v) In devising the plan to address the conflict of interest, the unit administrator, the dean, and the
VPRGS shall seek to employ the least intrusive management techniques that will suffice to
resolve the ethical and legal concerns arising from the conflict. Sometimes conflict of interest
situations may be satisfactorily addressed through public disclosure of the faculty member's
financial interest (or other opportunity for tangible personal benefit) that is the cause of the
conflict of interest. On other occasions, stronger measures may be required to resolve or eliminate
a serious conflict of interest.
8. The University encourages faculty authorship of instructional materials and does not discourage
the use of faculty-authored materials in the faculty member's courses. To avoid the semblance of
any conflict of interest, however, each academic unit should establish guidelines appropriate to its
circumstances for the selection of instructional materials whose purchase by students results in a
financial benefit to the faculty member who assigns those materials.
9. Each faculty member shall supply the appropriate administrators with all information necessary
for those administrators to review, manage, and resolve any conflicts of interest involving that
faculty member. The University shall respect the confidentiality of private financial and other
private information supplied by faculty, and shall not release this information publicly unless it is
legally required to do so, or unless the resolution or elimination of the conflict of interest requires
the public disclosure of the information, or unless the faculty member consents to its public
disclosure.
10. A faculty member who violates this Policy may be subject to disciplinary action as may apply to
violations of other University policies.
11. Any member of the University community who knowingly files a false allegation that this Policy
has been violated, or who knowingly provides false information to or intentionally misleads
University officials who are investigating an alleged violation of this Policy, may be subject to
disciplinary action.
12. The FCOIIO, in consultation with relevant administrators and appropriate faculty committees,
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MSU Human Resources - Conflicts of Interest, Faculty Page 4 of 5
shall arrange for the preparation of a handbook for faculty, incorporating a list of frequently asked
questions, explaining and interpreting this Policy. Assessment, management, and resolution of
conflicts of interest should take into account the different norms, customs, and expectations of the
various disciplines found among faculty in the University. Therefore, each college (or relevant
non-college unit) is encouraged to prepare, in consultation with the FCOIIO, a supplement to the
handbook, with frequently asked questions, that addresses conflict of interest issues specific to the
disciplines and activities of the faculty of that college.
Appendix: Role, Appointment, and Evaluation of the Faculty Conflict of Interest Information
Officer (FCOIIO)
1. Role of the FCOIIO
A. Serves as an information resource to faculty and administrators on defining and addressing
conflicts of interest, as defined in the policy (Paragraph 2).
B. Prepares a model college procedure to be used in establishing conflict reporting mechanisms
(Paragraph 4(a)).
C. Convenes the Conflict Review Committee (CRC) and assists the CRC in its deliberations
(Paragraph 6)
D. Arranges preparation of a handbook incorporating a list of frequently asked questions
explaining and interpreting the Policy in consultation with relevant administrators and appropriate
faculty committees (Paragraph 12).
2. Appointment of the FCOIIO
A. The FCOIIO shall be appointed, preferably from the tenured faculty of Michigan State
University, by the President after consultation with a joint subcommittee of the University
Graduate Council (UGC) and the University Committee on Faculty Affairs (UCFA).
B. The FCOIIO shall report to the President and shall keep the Provost and VPRGS informed
about implementation of the Policy and about educational and other activities of hisher office.
C. Should the FCOIIO recuse himself/herself from FCOIIO duties with regard to a particular
conflict of interest, the President shall appoint a replacement after consultation with the
chairperson of the Academic Subcommittee of UGC.
3. Evaluation of FCOIIO
A. The FCOIIO shall submit a report annually to the UGC describing progress on the
implementation of the Policy, relevant consultations with college faculty and administrators, the
caseload of and topics addressed by the CRC, and educational and other activities by the FCOIIO.
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MSU Human Resources - Conflicts of Interest, Faculty Page 5 of 5
B. The UGC shall evaluate the performance of the FCOIIO at intervals not to exceed five years
pursuant to criteria established by the President, Provost, and VPRGS in consultation with the
UGC. The UGC shall submit the results of this evaluation of the FCOIIO to the President, the
Provost, and the VPRGS.
4. Nature of Appointment and Other Matters
A. The FCOIIO shall serve at the pleasure of the President on a half-time basis for renewable
terms of five years.
B. The Office of the VPRGS shall provide the FCOIIO with administrative support.
1 Although "faculty" is used throughout for simplicity, this Policy applies to all individuals appointed -
with pay through the academic personnel system other than graduate assistants.
2 In this Policy, "dean" means deans of colleges and the equivalent unit administrators for faculty
appointed in non-college units.
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N=t: Health Assessment
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Index: Faculty Handbook Index
TOC: Faculty Handbook Table of Contents
Appendix D
PROFESSIONAL SERVICES CONTRACT TERM SHEET
Party:
Contract:
Star Tech
Professional services contract for technical and engineering
services for the design, service, and maintenance of high
power electronic systems, including electronic timing
circuits and a copper vapor laser.
Term: 12 months
Payment: Up to a maximum of $12,000
Use of University FacilitiesPersonnel:
No University facilities or services will be utilized by Star
Tech under the terms of the professional services contract.
University employee John Brandon will be employed by
Star Tech to perform the technical and engineering services
negotiated under the professional services contract.
Organization Type: Michigan based sole proprietorship
Personnel Interest:
The spouse of John Brandon, a staff engineer in the National
Superconducting Cyclotron Laboratory, is the sole proprietor
of Star Tech. Star Tech intends to employ Mr. Brandon to
perform the technical and engineering services negotiated
under the professional services contract.

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