Meeting Minutes, April 09,1999
BackCreator: Offices of Board of Trustees and President
Subjects: Administration, Board of Trustees, BOT Minute Books
Date: April 9, 1999
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Resource Identifier: APRIL 09 1999.pdf
Collection Number: UA 1
Language: English
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Transcript: MINUTES OF THE MEETING
OF THE
MICHIGAN STATE UNIVERSITY
BOARD OF TRUSTEES
April 9, 1999
The Trustee Finance Committee and Trustee Policy Committee of the Whole meetings were held in the Board Room of the Administration Building beginning at 8:45 a.m. on Friday, April 9, 1999. Minutes of the meetings are on file in the Office of the Secretary of the Board of Trustees.
President McPherson called the meeting of the Board of Trustees to order at 11:50 a.m. in the Board Room.
Trustees present: Dolores M. Cook, Joel Ferguson, Dorothy Gonzales, Colleen McNamara, Donald W. Nugent, David L. Porteous, and Bob Traxler. Trustee absent: Robert E. Weiss.
University officers present: President McPherson, Provost Simon, Interim Vice President Poston, Secretary Pogel, Vice President and General Counsel Noto, Vice Presidents Denbow, Greenleaf, Huggett, June, Webb, Senior Advisor and Director Granberry Russell, and Executive Director Williams. Faculty Liaisons present: Norman Abeles and Daniel Kruger. Student Liaisons present: Jamie Czekai, Clay Pelon, and Nate Smith-Tyge.
All actions taken were by unanimous vote of the Trustees present, unless otherwise noted.
1.On a motion by Ms. Cook, supported by Mr. Traxler, THE BOARD VOTED to approve the amended agenda. The Trustee Policy Committee agenda was amended to include two resolutions (Item 11.E.2.a&b).
2.On a motion by Mr. Traxler, supported by Ms. Gonzales, THE BOARD VOTED to approve the minutes of February 9, 1999 and February 10, 1999.
3. President's Report
A.President McPherson commended the Men's Indoor Track and Field team for winning the 1999 Big Ten Conference title. It was the program's third conference championship, and the first since 1972. It is the first MSU men's non-revenue sport to win a Big Ten Championship since Baseball won in 1979.
B.President McPherson congratulated Dr. Clarence Underwood, Senior Associate Athletic Director, for receiving a 1999 National Student-Athlete Day Giant Steps Forward Award. Dr. Underwood was one of seven recipients nationwide to be recognized for their commitment to student-athletes and the community. The award was presented by President Clinton at a White House ceremony.
C.President McPherson announced that Adam Wright, a junior studying Political Theory and Constitutional Democracy in James Madison College, has been awarded a Truman Scholarship. Adam was one of about 80 winners from a pool of 657 candidates nationwide.
4.Trustee GPA Award Recipients
Chairperson Gonzales and President McPherson presented Trustee GPA Awards for Spring Semester 1999 to the recipients listed below. Heather Houweling and Mark Nakamoto were unable to attend the meeting. Each of the nine students will graduate with a perfect 4.0 grade-point average.
David R. Allton Physiology
Angela L. DiFrancesco Accounting
Benjamin A. Hausmann Music Performance
Jeremiah J. Horton Civil Engineering
Heather L. Houweling Medical Technology
Mark M. Nakamoto Microbiology
Bradley J. Payne Psychology
Kristine N. Tuma Political Theory and Constitutional Democracy
Gregory S. Washington Lyman Briggs School-Biology
5.President McPherson recommended that the order of agenda items be amended so that Trustee Ferguson would be present to consider the student conduct policy. It was recommended by Mr. Traxler, and supported by Mr. Ferguson, to consider the Resolution to Adopt an Interim Student Conduct policy. Trustee McNamara objected since it would occur prior to Public Participation on Issues Germane to the Agenda. Mr. Traxler withdrew the motion.
6.Guiding Principles Report
Vice President Greenleaf reported that two noteworthy events would occur over the weekend related to graduate and undergraduate research opportunities. The Council of Graduate Students (COGS) and the Dean of the Graduate School have organized a second annual research recognition day. Graduate students will present research proposals that will be judged by faculty, and prizes will be awarded. Mr. Greenleaf said the event was extremely successful last year. The second event is an Undergraduate Research and Creative Activity Forum which is an undergraduate version of
the graduate event. It will be the first campus-wide opportunity for undergraduate students to present their research activity with oral presentations and posters. Mr. Greenleaf said the events are associated with the Guiding Principle of generating new knowledge and scholarship.
7.Public Participation on Items Germane to Agenda
The following person addressed the Board of Trustees on issues germane to the agenda.
A.Ed Jocque, speaking on behalf of drivers for the MSU bus service, said the campus bus system has provided a very good service to the University community. He said the operation has been totally self-sufficient, profitable, and its handicapper services have been flexible and amenable. Mr. Jocque expressed concern for maintaining the same services with reduced hours and the likelihood of eventual price increases under CATA management.
B.John Rauk identified himself as an Associate Professor of Greek and Latin, former member of the Alcohol Task Force, member of the University Committee for Student Affairs, and Secretary of the East Lansing Bailey Neighborhood Association. He said he was addressing the Board as a member of the University who is gravely concerned about the integrity of the institution. Professor Rauk said the University has deliberated far too long, and should have a policy "with teeth" that encompasses different degrees of student misconduct on and off campus and prescribes punishment of varying severity, ranging from expulsion to academic probation and/or counseling.
C.William Ramirez Roberts spoke on behalf of the East Lansing Citizens for Neighborhoods, an organization of homeowners in the Flowerpot, Glencairn, University, Bailey, and South Marble neighborhoods that adjoin campus. He reported that their organization is strongly in favor of a permanent off-campus code of conduct that is not limited to riot behavior. He said if an off-campus code of conduct had been in place before the start of the year, he believes the City of East Lansing would have been spared the recent riots. Mr. Ramirez asked the University to immediately adopt a permanent policy to insure there are no further disturbances.
D.Dr. Marvin Grandstaff, Professor of Educational Administration, and Secretary for Academic Governance, commended the Policy Committee for narrowing the focus of the off-campus discipline policy to events arising from riots. He quoted from the Academic Freedom Report that in part says, the punishment of off-campus conduct should be left to off-campus authorities. Dr. Grandstaff said the AFR contains specific provisions for amending the Report. He said the AFR is an important document, and he hoped its provisions would not be taken lightly and would not be abrogated lightly.
E.Glenn Stutzky, a student, asked the Board to table any resolution on a misconduct or riot policy until the legality of the process for establishing such a policy was clarified. He suggested not passing over students in the process to "allow this approach of adopting an off-campus code to become tinder for future fires." He also asked the Board to set up an independent commission or to hire a consultant who would conduct a thorough investigation to determine the underlying causes of the riot and suggest solutions.
F.Professor Henry Silverman, President of the Lansing Branch of the Michigan ACLU, Board Member of the Michigan ACLU, and former Secretary for Academic Governance, commented on the Academic Freedom Report for Students. He said the AFR has been a guiding document for the University. He urged the Board to remember the established principle that students should be punished by the civil authorities for infractions of the civil code. He also said that students
should participate in formulating and adjudicating University regulations governing student conduct. He said the ACLU has stated that it is ready to help any students who wish to challenge the proposed policy or who are adversely affected by the proposed policy should it be adopted. He said he agreed with Dr. Grandstaff that the proposed riot policy is better from the civil libertarian point of view than previous off-campus misconduct proposals that have been put aside.
G.James Feeny, a student, asked the Board not to support any type of off-campus misconduct policy. He said he believes that passing even an interim policy will widen the gap between the Board and the students and will weaken trust. He said he has faith that the Board will do what is right and will assure that MSU remains one of the few universities that upholds student rights.
H.Jeff Edmonds, a student, stated that he was against the proposed method of enacting the policy, and also opposed to the proposed policy. He agreed that what has happened is disturbing and deserving of immediate attention, and he is outraged over the conduct of the students and non-students who participated. He recommended that the Board and the administration refocus their energies on solving some of the underlying problems. He said it would be a great injustice to eliminate students from the decision-making process.
I.Brent Deverman, a Computer Science and Asian Studies senior, would like an off-campus felony conviction policy to be implemented. He does not want the process to circumvent student government as he believes it will have good input. He also commented that students were not given enough information to determine whether they would benefit from CATA providing bus service to the University. He asked the Board to keep students "in the loop." Brent thanked the Board for publicly supporting student groups that are trying to make reparation for the riots.
J.Keith Williams, Executive Director of the MSU Alumni Association, read a statement from the MSU Alumni Association National Board that was meeting in East Lansing that day. The Alumni Board commended the President for his response to the March riot and strongly urged the Board of Trustees, on behalf of its alumni constituency worldwide, "to adopt the strongest possible code of conduct policy allowing the President to expel any MSU student found guilty of activities that endanger the health and safety of others, on or off campus."
8.Personnel Actions
Provost Simon presented the following personnel actions.
A.Appointments
1)Dawson, Deidre A., AY-Associate Professor, Department of Romance and Classical Languages, $45,000, with Tenure, effective August 16, 1999.
2)Barrick, Murray R., AY-Professor, Department of Management, $106,000, with Tenure, effective August 16, 1999.
3)Solomon, David J. AN-Associate Professor, Office of Medical Education, Research and Development and the Department of Medicine, $87,500, with Tenure, effective March 29, 1999.
4)Garnett, Sherman W., AN-Dean and Professor, James Madison College, $117,000, with Tenure, effective August 1, 1999.
On a motion by Mr. Porteous, supported by Mr. Traxler, THE BOARD VOTED to approve the appointments.
Provost Simon reported on the academic background of the individuals being recommended for appointment. She noted especially the appointment of Sherman Garnett, the new Dean of James Madison College. Dr. Simon commented that Dr. Garnett is "an example of a person of Michigan and Michigan State who has a strong intellectual foundation for his work and has applied his scholarship to very practical problems of public policy." She believes he will bring both of those dimensions to the leadership of James Madison College. She said that Dr. Garnett had a strong respect for the traditions of James Madison and the importance of students within that context.
Dr. Eric Petrie, director of the search committee, commented that the faculty, staff, and students of Madison College have great expectations for the next years under Dr. Sherman Garnett. Dr. Petrie said it was a long search process, and that the James Madison College community is very happy with the results.
Dr. Garnett commented that he is grateful to have the support of faculty, students, and staff as well as the support of the President and Provost. He said he was glad he had been able to meet with the Board. He said he will try to fulfill the expectations that everyone has of him. He said this is a homecoming for him, and he is delighted to be returning to Michigan State University.
B.Information Reports
Information Reports of Academic Personnel Actions of January 31, 1999 and February 28, 1999 were distributed with the Board Agenda. The reports have been included with the agenda materials in the Office of the Secretary of the Board of Trustees.
9.Gift, Grant and Contract Report
Vice President Huggett presented the Gift, Grant and Contract Report for the period of January 21, 1999 through March 17, 1999. The report is a compilation of 335 Gifts, Grants and Contracts, 133 Consignment/Non-Cash Gifts, and no Consignment/Non-Cash Loans with a total value of $37,268,175.08. The Gift, Grant and Contract Report is included with the agenda materials in the Office of the Secretary of the Board of Trustees.
On a motion by Mr. Nugent, supported by Ms. McNamara, THE BOARD VOTED to approve the Gift, Grant and Contract Report.
10.The Trustee Finance Committee report and recommendations were presented by Committee Chairperson Nugent.
A. Bids and Contract Awards
Exterior Facilities Maintenance and Improvement Projects
1)It was recommended to award a contract in the amount of $338,770 to Calculus Construction Co., Inc., of Farmington Hills, Michigan, and to establish a budget in the amount of $445,000 for the project entitled: Campus Steam Tunnel Repair 1999 - STM 225 to 227, 185, 192, 193, 197, and 201.
2)It was recommended to award a contract in the amount of $339,000 to Underground Specialists, Inc., of Lansing, Michigan, and to establish a budget in the amount of $500,000 for the project entitled: Campus Well Line Extension 1999.
3)It was recommended to award a contract in the amount of $112,310 to Bornor Restoration, Inc., of Lansing, Michigan, and to establish a budget in the amount of $156,000 for the project entitled: Life Sciences Building - Replace Deteriorating Roofs No. 2 and No. 3 North Wing.
4)It was recommended to award a contract in the amount of $306,000 to E & L Construction Group, Inc., of Flint, Michigan, and to establish a budget in the amount of $468,000 for the project entitled: Natural Resources Barrier Free Renovations.
5)It was recommended to award a contract in the amount of $1,188,665 to Calculus Construction Co., Inc., of Farmington Hills, Michigan, and to establish a budget in the amount of $1,555,000 for the project entitled: Spartan Stadium Column Repair 1999.
6)It was recommended to award a contract in the amount of $173,821 to Stephenson & Son's Roofing, Inc., of Burton, Michigan, and to establish a budget in the amount of $240,000 for the project entitled: Spartan Village - Repair Roofs on Sections 1444, 1448, 1523, 1539, 1544, 1548, and 1617.
Interior Facilities Maintenance and Improvement Projects
7)It was recommended to award a contract in the amount of $149,945 to Nielsen Commercial Construction Company, of Holt, Michigan, and to establish a budget in the amount of $207,000 for the project entitled: McDonel Hall - Alterations in C107 (Kiva).
8)It was recommended to appoint Clark Construction Company of Lansing, Michigan, as the Construction Manager and to proceed with renovations for the Munn Ice Arena at a preliminary estimate of $3.8 million.
9)It was recommended to reject the bids received for the project entitled: Stores Building No. 1 - Air Conditioning System.
Information Technology Projects
10)It was recommended to award a contract in the amount of $1,819,000 to Sandborn Construction, Inc., of Portland, Michigan, and to establish a budget in the amount of $3,400,000 for the project entitled: Campus Fiber Optic System - Phase VI.
11)It was recommended to award a contract in the amount of $1,300,600 to Kares Construction Co., Inc., of Lansing, Michigan, and to establish a budget in the amount of $2,150,000 for the project entitled: Student Data Services - Armstrong, Bailey, Bryan, McDonel, and Wilson Halls.
Roads and Parking Improvements
12)It was recommended to award a contract in the amount of $156,200 to Carol's Excavating LLC, of Fowlerville, Michigan, and to establish a budget in the amount of $222,100 be established for the project entitled: Parking Lot 65 (Brody Hall) Reconstruction.
13)It was recommended to award a contract in the amount of $243,786 to Capitol Excavating and Paving Co., Inc., of Mason, Michigan, and to establish a budget in the amount of $346,000 for the project entitled: Parking Lot 90 (Clinical Center) Reconstruction.
14)It was recommended to award a contract in the amount of $387,746 to Cadwell Brothers Construction Co., of Lansing, Michigan, and to establish a budget in the amount of $482,000 for the project entitled: Parking Lot 91 (Northeast of Clinical Center) - Final Phase.
15)It was recommended to award a contract in the amount of $197,000 to C.A. Hull Company, Inc., of Walled Lake, Michigan, and to establish a budget in the amount of $350,000 for the project entitled: Farm Lane Bridge Deck Repairs.
Architect/Engineer Selection
16)It was recommended to appoint Harley Ellington Design of Southfield, Michigan, as the Architect/Engineer for the project entitled: Parking Ramp Number 5.
On a motion by Mr. Nugent, supported by Mr. Traxler, THE BOARD VOTED to approve the recommendations. Trustee McNamara abstained.
B.Establishment of Funds Functioning as Endowment:
1)It was recommended to establish the Richard Reid Scholarship/ Fellowship Fund as a fund functioning as endowment.
2)It was recommended to establish the Blake Smith, Ph.D. Endowed Memorial Fund as a fund functioning as endowment.
On a motion by Mr. Nugent, supported by Mr. Traxler, THE BOARD VOTED to approve the Funds Functioning as Endowment.
C.It was recommended to establish $75,000 as the selling price for the 120-acre Ford Property located near Mass City in the Upper Peninsula, Ontonagon County, Michigan.
On a motion by Mr. Nugent, supported by Mr. Porteous, THE BOARD VOTED to approve the recommendation.
It was recommended by Trustee Traxler during the Committee discussion that if the University owns mineral rights for any property being sold, including this particular property, it should retain those mineral rights.
D.It was recommended to adopt the basic residence halls room and board rate of $2,149 per semester effective Fall Semester 1999, and the basic University apartments rates of $433 per month for a remodeled, one-bedroom apartment and $479 per month for a remodeled, two-bedroom apartment effective August 1, 1999.
On a motion by Mr. Nugent, supported by Mr. Traxler, THE BOARD VOTED to approve the recommendation.
E.It was recommended that the University develop, implement and maintain a Wellhead Protection Program.
On a motion by Mr. Nugent, supported by Mr. Traxler, THE BOARD VOTED to approve the recommendation.
11. President McPherson presented the report of the Trustee Policy Committee of the Whole.
A.It was recommended that the Board of Trustees at its next meeting delegate to the President the authority to enter into an agreement with MolFlex.
B.It was recommended that the Board of Trustees at its next meeting delegate to the President the authority to enter into agreements with DanlHos Computer Consulting.
On a motion by Mr. Traxler, supported by Ms. Gonzales, THE BOARD VOTED to approve the recommendations.
C.It was recommended that the administration be authorized to take necessary actions, to execute agreements, including land leases, and to accept the transfer of real property, as appropriate to cause the construction and operation of an Executive Development Center and related lodging and support services and facilities on University property adjacent to the University Club.
On a motion by Mr. Nugent, supported by Ms. Cook, THE BOARD VOTED to approve the recommendation.
D.It was recommended that the administration be authorized to execute the appropriate agreements with the Capital Area Transportation Authority (CATA), a public authority, to provide transportation services for the University.
On a motion by Ms. Cook, supported by Mr. Nugent, THE BOARD VOTED to approve the recommendation.
E. Interim Student Conduct Policy
At a Policy Committee of the Whole meeting, the Board discussed three versions of a student misconduct policy. The version below is the one adopted by the Board. The entire document with the options considered by the Committee is included with the agenda materials in the Office of the Secretary of the Board of Trustees.
1)RESOLUTION TO ADOPT AN INTERIM STUDENT CONDUCT POLICY
WHEREAS, the Board believes that the Michigan State University community should engage in broad ranging discussion over the next two years about the need for the University's student disciplinary rules to apply to certain student conduct occurring off campus; and
WHEREAS, recent events occurring on and in the vicinity of the University's campus evince an immediate need for the University to declare that certain student conduct offends the University community's basic values; and
WHEREAS, the Board is concerned that certain student conduct may threaten the safety, health, and well being of the University community; and
WHEREAS, the Board would have preferred to proceed in its normal fashion and receive a recommendation through the academic governance system prior to acting on the attached Policy, but feels that this unusual action is warranted by the recent civil disturbance and the interim nature of the attached Policy.
NOW, THEREFORE, BE IT RESOLVED THAT the attached Interim Student Conduct Policy is hereby adopted to augment existing regulations and policies governing student conduct.
This Resolution shall take effect immediately. The Board expects to replace the Interim Student Conduct Policy with a permanent policy because it feels that an off-campus policy is necessary and it has a responsibility to have such a policy in place. The Interim Student Conduct Policy shall remain in effect for two years. On April 30, 2001, if the academic governance process has produced a proposed permanent policy for the Board's consideration, even if the Board has not acted upon it, the Interim Student Conduct Policy shall no longer be effective. If the governance process has not produced a proposed permanent policy for the Board's consideration, then the Interim Student Conduct Policy shall become permanent.
INTERIM STUDENT CONDUCT POLICY
Prohibition
Michigan State University students shall not engage in disorderly conduct at or in connection with a riot.
Definitions
"Riot" means five or more persons, acting in concert, who engage in violent conduct and thereby intentionally or recklessly cause or create a serious risk of causing public terror or alarm.
"Acting in concert" means acting with a common intent or purpose.
"Disorderly conduct at or in connection with a riot" includes, but is not limited to, setting fires; throwing bottles or other projectiles; damaging, destroying, or defacing property not the student's own; obstructing, interfering with, or disrupting the activities of peace officers or public safety personnel engaged in the lawful performance of their official duties; failing to disperse when so directed by peace officers; intentionally or recklessly causing or threatening physical harm to another; endangering the physical safety of another; tampering with or misusing fire or safety equipment; theft or looting; resisting arrest; and conspiring with others to do any of the foregoing.
Application
This Policy applies to all Michigan State University students whenever the prohibited conduct occurs on the land governed by the Board of Trustees of Michigan State University (the "campus"), when students are engaged in University-sponsored or student group sponsored (student governing group and registered student organization) activities off campus, in all local government jurisdictions adjacent to the campus, on any other college or university campus, and in all local government jurisdictions adjacent to such campuses.
Temporary Suspension
When the Vice President for Student Affairs and Services ("VPSAS") determines that there is reasonable cause to believe that a student has violated this Policy, the VPSAS may temporarily suspend the student pending final determination of whether the student has violated this Policy. Students placed on temporary suspension may petition for reinstatement pending the final resolution of their cases. Such
petitions will be considered by the Student-Faculty Judiciary within five class days. A temporary suspension shall not preclude, predetermine, or render irrelevant subsequent disciplinary action or procedures, nor shall an interim suspension create a presumption of guilt. Disciplinary action for violation of this Policy shall otherwise be governed by the same procedures, including the range of sanctions up to suspension, applicable to alleged violations by students of other University policies and regulations, which procedures are set forth in the Academic Freedom Report for Students at Michigan State University, the Graduate Student Rights and Responsibilities document, and the Medical Student Rights and Responsibilities document.
Prior to placing a student on temporary suspension, the VPSAS shall:
(1) make reasonable efforts to notify the affected student that the matter is under review and that the student may submit a statement and pertinent documents for consideration by the VPSAS, and/or confer with the VPSAS, in person or by telephone, within a time period to be specified in the notice; and
(2) review available information and decide whether, in light of the totality of the circumstances and the standard stated in this Policy, a temporary suspension is appropriate.
Interpretation
This Policy shall not be interpreted to restrict or limit any student's First Amendment rights to freedom of speech or assembly.
Prior to the vote, Trustees commented on the Resolution and the Interim Student Conduct Policy as follows.
Ms. Cook said she preferred the stronger version of the resolution, but she supported the efforts of the Board and the spirit of the resolution.
Mr. Porteous expressed his appreciation for the letters and phone calls that he has received. He said he appreciated and found helpful the comments today of the people from the East Lansing community, students, and faculty. Trustee Porteous said it was incumbent upon the Board to adopt the resolution and he supported it. Like Trustee Cook, however, he said he would have supported a somewhat broader policy that would be reviewed by the Board within two years.
Mr. Nugent said he thought from previous discussions the preference was for Option 1, Section I, of the documents being considered. However, since it was not included in the recommended resolution, he would like the opportunity to continue the discussion at the next meeting of the Board.
Mr. Traxler said he was impressed with the presentations, especially those of the students. He said while he had differences of opinions and views, the comments were articulate, intelligent, and coherent. He expressed "admiration and appreciation for the way in which they politely and forcefully articulated, especially articulated, their views." He said it gave him great hope for the future of this University and the nation.
Ms. McNamara said that she would vote No, and asked to have her comments at the earlier Committee of the Whole meeting serve as the explanation for her vote. Her comments follow: "I am still in opposition to this, on principle. I don't think that this resolution is a deterrent; I think this is a knee-jerk response. We are not thinking through what really would make a difference. I don't think that all of those items in A.3 are felonies. However, if a person committing a felony is not deterred by the fact that they may spend 10-15 years in prison, they certainly aren't going to be deterred from violating a Code of Student Conduct. The universities that have Codes of Student Conduct for off-campus violations have experienced riots, so the experience has been that these kinds of codes do not deter riots. If this is a way of punishing people, which is what a suspension could be, I still believe that someone should be convicted in a court of law before this University takes very serious, life-changing steps to suspend or expel someone. I believe we have an adequate response to the safety of the community now which is the `clear and present danger' aspect of the present policy, and so I won't be voting for this."
On a motion by Mr. Traxler, supported by Mr. Nugent, THE BOARD VOTED to approve the Resolution and Interim Student Conduct Policy. The vote was 5-1. Trustees Cook, Gonzales, Nugent, Porteous, and Traxler voted Yes. Trustee McNamara voted No. Trustee Ferguson had to leave the meeting early and was not present for the vote. Trustee Weiss was absent.
On a motion by Mr. Nugent, supported by Ms. Cook, THE BOARD VOTED to continue its discussion of the off-campus conduct Option 1, Section I, at its next meeting. Ms. McNamara voted No.
Following the vote, President McPherson commented on the process that had taken place in considering the interim student conduct policy. He said, in his judgment, the most pressing matter was that the University needed a policy to cover conduct in connection with a riot no matter where it occurred. He cited excellent University programs, outstanding research activities, Truman Scholarship winners, and Trustee GPA Award recipients as examples of reasons why we should all be very proud. But, he said, there are some additional steps that can be taken to make the University even stronger. While this policy will be helpful, he believes it is not the full answer that we want for Michigan State in the years ahead.
2)The following additional resolutions were presented and discussed at the earlier Policy Committee of the Whole meeting. The resolution commending the student body was developed by student leaders and offered to the Board for their consideration. The second resolution was presented by Trustee Colleen McNamara.
a.RESOLUTION COMMENDING STUDENT BODY
BE IT RESOLVED that the Trustee Policy Committee recommends to the Board of Trustees that the Board and Michigan State University Administration formally recognize and commend the grassroots efforts of numerous student groups that are determined to show the real face of the MSU Study Body and Michigan State University following the incidents on March 27 and 28.
BE IT FURTHER RESOLVED that the Trustee Policy Committee recommends to the Board of Trustees that the Board and administration assist the student groups with events that promote the process of healing our community and helping to restore the image of the Michigan State University Student Body, Michigan State University, and our community of East Lansing.
b.RESOLUTION BY TRUSTEE COLLEEN MCNAMARA COMMENDING STUDENTS AND FACULTY
MSU is home to one of the most beautiful college campuses in the world. MSU's academic, research and outreach programs are internationally known and respected. The University has also become a cultural center for the community for fostering and supporting the arts.
Students at MSU represent every county in the State, and 111 countries. Students come to MSU after hard work and solid attainment in their high schools. Most students at MSU are serious about their academic tasks, and approach the University as a place to grow and develop as educated citizens. Students at MSU compete in 21 varsity sports and 40 club sports. They are world-class athletes as demonstrated in the superb performance of the current basketball and hockey teams.
East Lansing and MSU have worked diligently over the years to enhance the quality of life for both entities. Many cooperative programs in areas such as health and education have benefitted the University and the community.
The disturbance of March 27 has brought embarrassment and deep concern to the students, the University and the community.
MSU President Peter McPherson has worked tirelessly over the last year to understand and address the issues that lead to these types of behaviors. He has opened lines of communication with students and the local community in ways that have never been tried before. His efforts are commended by the Board.
The Board commends the students and faculty who supported the President's communication efforts following the disturbances. The faculty is commended for discussing the occurrences of March 27 and related issues in classes across campus. Students are commended who participated in grassroots efforts to repay the victims of March 27 and to denounce those who created the disturbances. The Board also commends area law enforcement officials and fire protection officials for their efforts related to the March disturbances.
Let it be resolved that the MSU Board of Trustees supports the aggressive and decisive efforts by law enforcement officials to identify, charge and prosecute those involved in criminal activities at the March disturbance. And furthermore, we urge the full extent of penalties provided under the law to be exercised on those found guilty.
The Board pledges to intensify its support for the efforts to assure this type of behavior does not occur again.
F.The annual Affirmative Action Report was presented at the Committee meeting by Ms. Paulette Granberry Russell, Senior Advisor to the President for Diversity, and Director of Affirmative Action, Compliance and Monitoring. The report and supporting data are included with the Board agenda materials.
Ms. Granberry Russell highlighted information from the printed report and shared her impressions of the climate of the University with respect to diversity of faculty, staff, and students. She also offered a sense of the direction her office will take as a result of her impressions of the past four and one-half months at MSU. She said the University must renew its efforts to recruit and retain minorities and women faculty and staff, and continue to work with educators in K-12 programs to stimulate interest in the sciences by underrepresented groups. Ms. Granberry Russell said her office will continue its work with faculty, staff, and student organizations to assure that the campus continues to be a place where all feel welcome.
G.At the beginning of the Committee meeting, resolutions were presented to Hockey Coach Ron Mason by Chairperson Gonzales, Men's Basketball Coach Tom Izzo by Trustee Joel Ferguson, and MSU Debate Team Director James Roper by Trustee Porteous. Because of prior commitments and lengthy committee discussions, the resolutions were presented at that time rather than during the President's Report or Chairperson's/Trustees' Comments. The resolutions are included with the agenda materials in the Office of the Secretary of the Board of Trustees.
12.Public Participation on Issues Not Germane to Agenda
Anne Lewis, an East Lansing neighbor, talked about the negative impressions that the recent student disturbances would leave with international visitors to our country who reside in the East Lansing area.
13.Chairperson's Report and Trustees' Comments
A.Chairperson's Report
1)Ms. Gonzales reported she had attended some sessions of the "Race in 21st Century America" conference being held on campus. She thought that other Board members would be interested in the diversity of perspectives about affirmative action.
2)Ms. Gonzales thanked her colleagues for the opportunity to debate Board policies, and to review the interim student conduct policy. She also thanked Dr. Henry Silverman for his comments. She commented that only a small number of MSU students were involved in the activities, and that most students are positive and energetic and obey the laws while they are here. Chairperson Gonzales identified the Trustee GPA Award recipients and Truman Scholars as splendid examples of the studious student body at Michigan State. She said that we should not lose sight of the majority of excellent students who attend MSU.
B.Trustees' Comments
1)Mr. Porteous said he was impressed with the President and his staff's prompt action following the demonstration and riot. He said it sent a message around the state and country that this sort of conduct would not be tolerated and that the University was taking it very seriously and moving to take action.
Trustee Porteous said he appreciated the recent debate and discussions of the Board, and is hopeful such substantive and thorough discussions will continue in other areas. He said he welcomes the comments of faculty and students on University issues.
Mr. Porteous thanked Dr. Pogel and her staff for getting materials to Trustees in a timely manner. He also thanked the athletic department as they have dealt with Final Four basketball, Frozen Four hockey, indoor track, and other events.
President McPherson commented that a large number of people had worked very hard with so much going on, and the post-season athletic events were exciting.
2)Ms. McNamara recommended that the Board should discuss ways to use University resources to research student disturbances. She further suggested involving the rest of the University in hosting a national conference on student disturbances. She said it would be an opportunity for Michigan State to take leadership on an issue that is occurring across the country.
3)Mr. Nugent supported Ms. McNamara's suggestion. He also commented about the activities related to post-season games. Mr. Nugent told Jamie Czekai and Clay Pelon that he had enjoyed having them as Student Liaisons, and he thanked the other students who have been actively involved with the Board. He commented on the excitement of graduation.
4)Ms. Cook remarked that she was saddened by recent events, but she felt happy about the wonderful support from the vast majority of the students which is evident in the resolution from the student leadership. She said she is hopeful the University will be creative in resolving these issues that the Board has been discussing.
Ms. Cook spoke of the importance of the proposed Life Sciences corridor which would involve the three major research universities in Michigan: Wayne State, University of Michigan, and Michigan State. She said it will have an enormous impact, and she is proud that Michigan State will play a major role. Trustee Cook noted the Governor's interest in the project.
Ms. Cook thanked everyone who was involved in the preparation of activities for the NCAA Final Four men's basketball games in Florida. Trustee Cook also thanked Vice President Denbow for his role in representing the University during the activities of the past several weeks.
5)Mr. Traxler expressed appreciation to Dr. Pogel and Michael Moon for the professional way they dealt with difficult Board matters in recent weeks.
6)Board members welcomed Trustee Traxler back following recuperation from his accident.
14.An Executive Session was not requested.
15.On a motion by Ms. Gonzales, supported by Mr. Traxler, the Board voted to adjourn at 1:30 p.m.
Peter McPherson, President
Nancy H. Pogel, Secretary
Index
Page(s)
Chairperson's Report/Trustees' Comments 10727-29
Executive Session (None) 10729
Finance Committee 10717-20
Bids and Contract Awards 10717-19
Architect/Engineer Selection - Parking Ramp No. 5 10719
Exterior Facilities Maintenance and Improvement Projects
Campus Steam Tunnel Repair 1999 - STM 225 to 227, 185, 192, 193, 197, 201 10717
Campus Well Line Extension 1999 10717
Life Sciences Building - Replace Deteriorating Roofs No. 2 & No. 3 North Wing 10717
Natural Resources Barrier Free Renovations 10718
Spartan Stadium - Column Repair 1999 10718
Spartan Village - Repair Roofs on Sections 1444, 1448, 1523, 1539, 1544,
1548, and 1617 10718
Interior Facilities Maintenance and Improvement Projects
McDonel Hall - Alterations in C107 (Kiva) 10718
Appointment of Construction Manager and Renovations to Munn Ice Arena 10718
Stores Building No. 1 - Air Conditioning System 10718
Information Technology Projects
Campus Fiber Optic System Phase VI 10718
Student Data Services - Armstrong, Bailey, Bryan, McDonel, Wilson Halls 10718
Roads and Parking Improvements
Parking Lot 65 (Brody Hall) Reconstruction 10718
Parking Lot 90 (Clinical Center) Reconstruction 10719
Parking Lot 91 (Northeast of Clinical Center) - Final Phase 10719
Farm Lane Bridge Resurfacing 10719
Ford Property, Establish Selling Price 10719
Funds Functioning as Endowment 10719
Richard Reid Scholarship/Fellowship Fund 10719
Blake Smith, Ph.D. Endowed Memorial Fund 10719
Housing Rate Recommendations, 1999-2000 - Residence Halls & University Apts 10720
Wellhead Protection Program for MSU 10720
Gift, Grant and Contract Report 10717
Guiding Principles Report - Undergraduate & Graduate Research Opportunities 10713-14
Personnel Actions 10716-17
Appointments 10716-17
Information Reports 10717
Index (continued)
Page(s)
Policy Committee of the Whole 10720-27
Capital Area Transportation Authority (CATA) Project 10720
Conflict of Interest, Potential (Delegate at next meeting) 10720
DanlHos Computer Consulting 10720
MolFlex 10720
Executive Development Center Project 10720
Student Conduct Policy, Interim - Resolution and Interim Policy 10713, 10721-25
Resolution Commending Student Body 10725
Resolution by Trustee McNamara Commending Students and Faculty 10725-26
Report
Affirmative Action and Diversity Annual Report 10726
Resolutions 10727
Hockey, Men's Basketball, Debate Team 10727
President's Report 10712-13
Public Participation 10714-16, 10727
Germane to Agenda 10714-16
Other Issues 10727
Trustee GPA Awards 10713
Request a ReproductionOF THE
MICHIGAN STATE UNIVERSITY
BOARD OF TRUSTEES
April 9, 1999
The Trustee Finance Committee and Trustee Policy Committee of the Whole meetings were held in the Board Room of the Administration Building beginning at 8:45 a.m. on Friday, April 9, 1999. Minutes of the meetings are on file in the Office of the Secretary of the Board of Trustees.
President McPherson called the meeting of the Board of Trustees to order at 11:50 a.m. in the Board Room.
Trustees present: Dolores M. Cook, Joel Ferguson, Dorothy Gonzales, Colleen McNamara, Donald W. Nugent, David L. Porteous, and Bob Traxler. Trustee absent: Robert E. Weiss.
University officers present: President McPherson, Provost Simon, Interim Vice President Poston, Secretary Pogel, Vice President and General Counsel Noto, Vice Presidents Denbow, Greenleaf, Huggett, June, Webb, Senior Advisor and Director Granberry Russell, and Executive Director Williams. Faculty Liaisons present: Norman Abeles and Daniel Kruger. Student Liaisons present: Jamie Czekai, Clay Pelon, and Nate Smith-Tyge.
All actions taken were by unanimous vote of the Trustees present, unless otherwise noted.
1.On a motion by Ms. Cook, supported by Mr. Traxler, THE BOARD VOTED to approve the amended agenda. The Trustee Policy Committee agenda was amended to include two resolutions (Item 11.E.2.a&b).
2.On a motion by Mr. Traxler, supported by Ms. Gonzales, THE BOARD VOTED to approve the minutes of February 9, 1999 and February 10, 1999.
3. President's Report
A.President McPherson commended the Men's Indoor Track and Field team for winning the 1999 Big Ten Conference title. It was the program's third conference championship, and the first since 1972. It is the first MSU men's non-revenue sport to win a Big Ten Championship since Baseball won in 1979.
B.President McPherson congratulated Dr. Clarence Underwood, Senior Associate Athletic Director, for receiving a 1999 National Student-Athlete Day Giant Steps Forward Award. Dr. Underwood was one of seven recipients nationwide to be recognized for their commitment to student-athletes and the community. The award was presented by President Clinton at a White House ceremony.
C.President McPherson announced that Adam Wright, a junior studying Political Theory and Constitutional Democracy in James Madison College, has been awarded a Truman Scholarship. Adam was one of about 80 winners from a pool of 657 candidates nationwide.
4.Trustee GPA Award Recipients
Chairperson Gonzales and President McPherson presented Trustee GPA Awards for Spring Semester 1999 to the recipients listed below. Heather Houweling and Mark Nakamoto were unable to attend the meeting. Each of the nine students will graduate with a perfect 4.0 grade-point average.
David R. Allton Physiology
Angela L. DiFrancesco Accounting
Benjamin A. Hausmann Music Performance
Jeremiah J. Horton Civil Engineering
Heather L. Houweling Medical Technology
Mark M. Nakamoto Microbiology
Bradley J. Payne Psychology
Kristine N. Tuma Political Theory and Constitutional Democracy
Gregory S. Washington Lyman Briggs School-Biology
5.President McPherson recommended that the order of agenda items be amended so that Trustee Ferguson would be present to consider the student conduct policy. It was recommended by Mr. Traxler, and supported by Mr. Ferguson, to consider the Resolution to Adopt an Interim Student Conduct policy. Trustee McNamara objected since it would occur prior to Public Participation on Issues Germane to the Agenda. Mr. Traxler withdrew the motion.
6.Guiding Principles Report
Vice President Greenleaf reported that two noteworthy events would occur over the weekend related to graduate and undergraduate research opportunities. The Council of Graduate Students (COGS) and the Dean of the Graduate School have organized a second annual research recognition day. Graduate students will present research proposals that will be judged by faculty, and prizes will be awarded. Mr. Greenleaf said the event was extremely successful last year. The second event is an Undergraduate Research and Creative Activity Forum which is an undergraduate version of
the graduate event. It will be the first campus-wide opportunity for undergraduate students to present their research activity with oral presentations and posters. Mr. Greenleaf said the events are associated with the Guiding Principle of generating new knowledge and scholarship.
7.Public Participation on Items Germane to Agenda
The following person addressed the Board of Trustees on issues germane to the agenda.
A.Ed Jocque, speaking on behalf of drivers for the MSU bus service, said the campus bus system has provided a very good service to the University community. He said the operation has been totally self-sufficient, profitable, and its handicapper services have been flexible and amenable. Mr. Jocque expressed concern for maintaining the same services with reduced hours and the likelihood of eventual price increases under CATA management.
B.John Rauk identified himself as an Associate Professor of Greek and Latin, former member of the Alcohol Task Force, member of the University Committee for Student Affairs, and Secretary of the East Lansing Bailey Neighborhood Association. He said he was addressing the Board as a member of the University who is gravely concerned about the integrity of the institution. Professor Rauk said the University has deliberated far too long, and should have a policy "with teeth" that encompasses different degrees of student misconduct on and off campus and prescribes punishment of varying severity, ranging from expulsion to academic probation and/or counseling.
C.William Ramirez Roberts spoke on behalf of the East Lansing Citizens for Neighborhoods, an organization of homeowners in the Flowerpot, Glencairn, University, Bailey, and South Marble neighborhoods that adjoin campus. He reported that their organization is strongly in favor of a permanent off-campus code of conduct that is not limited to riot behavior. He said if an off-campus code of conduct had been in place before the start of the year, he believes the City of East Lansing would have been spared the recent riots. Mr. Ramirez asked the University to immediately adopt a permanent policy to insure there are no further disturbances.
D.Dr. Marvin Grandstaff, Professor of Educational Administration, and Secretary for Academic Governance, commended the Policy Committee for narrowing the focus of the off-campus discipline policy to events arising from riots. He quoted from the Academic Freedom Report that in part says, the punishment of off-campus conduct should be left to off-campus authorities. Dr. Grandstaff said the AFR contains specific provisions for amending the Report. He said the AFR is an important document, and he hoped its provisions would not be taken lightly and would not be abrogated lightly.
E.Glenn Stutzky, a student, asked the Board to table any resolution on a misconduct or riot policy until the legality of the process for establishing such a policy was clarified. He suggested not passing over students in the process to "allow this approach of adopting an off-campus code to become tinder for future fires." He also asked the Board to set up an independent commission or to hire a consultant who would conduct a thorough investigation to determine the underlying causes of the riot and suggest solutions.
F.Professor Henry Silverman, President of the Lansing Branch of the Michigan ACLU, Board Member of the Michigan ACLU, and former Secretary for Academic Governance, commented on the Academic Freedom Report for Students. He said the AFR has been a guiding document for the University. He urged the Board to remember the established principle that students should be punished by the civil authorities for infractions of the civil code. He also said that students
should participate in formulating and adjudicating University regulations governing student conduct. He said the ACLU has stated that it is ready to help any students who wish to challenge the proposed policy or who are adversely affected by the proposed policy should it be adopted. He said he agreed with Dr. Grandstaff that the proposed riot policy is better from the civil libertarian point of view than previous off-campus misconduct proposals that have been put aside.
G.James Feeny, a student, asked the Board not to support any type of off-campus misconduct policy. He said he believes that passing even an interim policy will widen the gap between the Board and the students and will weaken trust. He said he has faith that the Board will do what is right and will assure that MSU remains one of the few universities that upholds student rights.
H.Jeff Edmonds, a student, stated that he was against the proposed method of enacting the policy, and also opposed to the proposed policy. He agreed that what has happened is disturbing and deserving of immediate attention, and he is outraged over the conduct of the students and non-students who participated. He recommended that the Board and the administration refocus their energies on solving some of the underlying problems. He said it would be a great injustice to eliminate students from the decision-making process.
I.Brent Deverman, a Computer Science and Asian Studies senior, would like an off-campus felony conviction policy to be implemented. He does not want the process to circumvent student government as he believes it will have good input. He also commented that students were not given enough information to determine whether they would benefit from CATA providing bus service to the University. He asked the Board to keep students "in the loop." Brent thanked the Board for publicly supporting student groups that are trying to make reparation for the riots.
J.Keith Williams, Executive Director of the MSU Alumni Association, read a statement from the MSU Alumni Association National Board that was meeting in East Lansing that day. The Alumni Board commended the President for his response to the March riot and strongly urged the Board of Trustees, on behalf of its alumni constituency worldwide, "to adopt the strongest possible code of conduct policy allowing the President to expel any MSU student found guilty of activities that endanger the health and safety of others, on or off campus."
8.Personnel Actions
Provost Simon presented the following personnel actions.
A.Appointments
1)Dawson, Deidre A., AY-Associate Professor, Department of Romance and Classical Languages, $45,000, with Tenure, effective August 16, 1999.
2)Barrick, Murray R., AY-Professor, Department of Management, $106,000, with Tenure, effective August 16, 1999.
3)Solomon, David J. AN-Associate Professor, Office of Medical Education, Research and Development and the Department of Medicine, $87,500, with Tenure, effective March 29, 1999.
4)Garnett, Sherman W., AN-Dean and Professor, James Madison College, $117,000, with Tenure, effective August 1, 1999.
On a motion by Mr. Porteous, supported by Mr. Traxler, THE BOARD VOTED to approve the appointments.
Provost Simon reported on the academic background of the individuals being recommended for appointment. She noted especially the appointment of Sherman Garnett, the new Dean of James Madison College. Dr. Simon commented that Dr. Garnett is "an example of a person of Michigan and Michigan State who has a strong intellectual foundation for his work and has applied his scholarship to very practical problems of public policy." She believes he will bring both of those dimensions to the leadership of James Madison College. She said that Dr. Garnett had a strong respect for the traditions of James Madison and the importance of students within that context.
Dr. Eric Petrie, director of the search committee, commented that the faculty, staff, and students of Madison College have great expectations for the next years under Dr. Sherman Garnett. Dr. Petrie said it was a long search process, and that the James Madison College community is very happy with the results.
Dr. Garnett commented that he is grateful to have the support of faculty, students, and staff as well as the support of the President and Provost. He said he was glad he had been able to meet with the Board. He said he will try to fulfill the expectations that everyone has of him. He said this is a homecoming for him, and he is delighted to be returning to Michigan State University.
B.Information Reports
Information Reports of Academic Personnel Actions of January 31, 1999 and February 28, 1999 were distributed with the Board Agenda. The reports have been included with the agenda materials in the Office of the Secretary of the Board of Trustees.
9.Gift, Grant and Contract Report
Vice President Huggett presented the Gift, Grant and Contract Report for the period of January 21, 1999 through March 17, 1999. The report is a compilation of 335 Gifts, Grants and Contracts, 133 Consignment/Non-Cash Gifts, and no Consignment/Non-Cash Loans with a total value of $37,268,175.08. The Gift, Grant and Contract Report is included with the agenda materials in the Office of the Secretary of the Board of Trustees.
On a motion by Mr. Nugent, supported by Ms. McNamara, THE BOARD VOTED to approve the Gift, Grant and Contract Report.
10.The Trustee Finance Committee report and recommendations were presented by Committee Chairperson Nugent.
A. Bids and Contract Awards
Exterior Facilities Maintenance and Improvement Projects
1)It was recommended to award a contract in the amount of $338,770 to Calculus Construction Co., Inc., of Farmington Hills, Michigan, and to establish a budget in the amount of $445,000 for the project entitled: Campus Steam Tunnel Repair 1999 - STM 225 to 227, 185, 192, 193, 197, and 201.
2)It was recommended to award a contract in the amount of $339,000 to Underground Specialists, Inc., of Lansing, Michigan, and to establish a budget in the amount of $500,000 for the project entitled: Campus Well Line Extension 1999.
3)It was recommended to award a contract in the amount of $112,310 to Bornor Restoration, Inc., of Lansing, Michigan, and to establish a budget in the amount of $156,000 for the project entitled: Life Sciences Building - Replace Deteriorating Roofs No. 2 and No. 3 North Wing.
4)It was recommended to award a contract in the amount of $306,000 to E & L Construction Group, Inc., of Flint, Michigan, and to establish a budget in the amount of $468,000 for the project entitled: Natural Resources Barrier Free Renovations.
5)It was recommended to award a contract in the amount of $1,188,665 to Calculus Construction Co., Inc., of Farmington Hills, Michigan, and to establish a budget in the amount of $1,555,000 for the project entitled: Spartan Stadium Column Repair 1999.
6)It was recommended to award a contract in the amount of $173,821 to Stephenson & Son's Roofing, Inc., of Burton, Michigan, and to establish a budget in the amount of $240,000 for the project entitled: Spartan Village - Repair Roofs on Sections 1444, 1448, 1523, 1539, 1544, 1548, and 1617.
Interior Facilities Maintenance and Improvement Projects
7)It was recommended to award a contract in the amount of $149,945 to Nielsen Commercial Construction Company, of Holt, Michigan, and to establish a budget in the amount of $207,000 for the project entitled: McDonel Hall - Alterations in C107 (Kiva).
8)It was recommended to appoint Clark Construction Company of Lansing, Michigan, as the Construction Manager and to proceed with renovations for the Munn Ice Arena at a preliminary estimate of $3.8 million.
9)It was recommended to reject the bids received for the project entitled: Stores Building No. 1 - Air Conditioning System.
Information Technology Projects
10)It was recommended to award a contract in the amount of $1,819,000 to Sandborn Construction, Inc., of Portland, Michigan, and to establish a budget in the amount of $3,400,000 for the project entitled: Campus Fiber Optic System - Phase VI.
11)It was recommended to award a contract in the amount of $1,300,600 to Kares Construction Co., Inc., of Lansing, Michigan, and to establish a budget in the amount of $2,150,000 for the project entitled: Student Data Services - Armstrong, Bailey, Bryan, McDonel, and Wilson Halls.
Roads and Parking Improvements
12)It was recommended to award a contract in the amount of $156,200 to Carol's Excavating LLC, of Fowlerville, Michigan, and to establish a budget in the amount of $222,100 be established for the project entitled: Parking Lot 65 (Brody Hall) Reconstruction.
13)It was recommended to award a contract in the amount of $243,786 to Capitol Excavating and Paving Co., Inc., of Mason, Michigan, and to establish a budget in the amount of $346,000 for the project entitled: Parking Lot 90 (Clinical Center) Reconstruction.
14)It was recommended to award a contract in the amount of $387,746 to Cadwell Brothers Construction Co., of Lansing, Michigan, and to establish a budget in the amount of $482,000 for the project entitled: Parking Lot 91 (Northeast of Clinical Center) - Final Phase.
15)It was recommended to award a contract in the amount of $197,000 to C.A. Hull Company, Inc., of Walled Lake, Michigan, and to establish a budget in the amount of $350,000 for the project entitled: Farm Lane Bridge Deck Repairs.
Architect/Engineer Selection
16)It was recommended to appoint Harley Ellington Design of Southfield, Michigan, as the Architect/Engineer for the project entitled: Parking Ramp Number 5.
On a motion by Mr. Nugent, supported by Mr. Traxler, THE BOARD VOTED to approve the recommendations. Trustee McNamara abstained.
B.Establishment of Funds Functioning as Endowment:
1)It was recommended to establish the Richard Reid Scholarship/ Fellowship Fund as a fund functioning as endowment.
2)It was recommended to establish the Blake Smith, Ph.D. Endowed Memorial Fund as a fund functioning as endowment.
On a motion by Mr. Nugent, supported by Mr. Traxler, THE BOARD VOTED to approve the Funds Functioning as Endowment.
C.It was recommended to establish $75,000 as the selling price for the 120-acre Ford Property located near Mass City in the Upper Peninsula, Ontonagon County, Michigan.
On a motion by Mr. Nugent, supported by Mr. Porteous, THE BOARD VOTED to approve the recommendation.
It was recommended by Trustee Traxler during the Committee discussion that if the University owns mineral rights for any property being sold, including this particular property, it should retain those mineral rights.
D.It was recommended to adopt the basic residence halls room and board rate of $2,149 per semester effective Fall Semester 1999, and the basic University apartments rates of $433 per month for a remodeled, one-bedroom apartment and $479 per month for a remodeled, two-bedroom apartment effective August 1, 1999.
On a motion by Mr. Nugent, supported by Mr. Traxler, THE BOARD VOTED to approve the recommendation.
E.It was recommended that the University develop, implement and maintain a Wellhead Protection Program.
On a motion by Mr. Nugent, supported by Mr. Traxler, THE BOARD VOTED to approve the recommendation.
11. President McPherson presented the report of the Trustee Policy Committee of the Whole.
A.It was recommended that the Board of Trustees at its next meeting delegate to the President the authority to enter into an agreement with MolFlex.
B.It was recommended that the Board of Trustees at its next meeting delegate to the President the authority to enter into agreements with DanlHos Computer Consulting.
On a motion by Mr. Traxler, supported by Ms. Gonzales, THE BOARD VOTED to approve the recommendations.
C.It was recommended that the administration be authorized to take necessary actions, to execute agreements, including land leases, and to accept the transfer of real property, as appropriate to cause the construction and operation of an Executive Development Center and related lodging and support services and facilities on University property adjacent to the University Club.
On a motion by Mr. Nugent, supported by Ms. Cook, THE BOARD VOTED to approve the recommendation.
D.It was recommended that the administration be authorized to execute the appropriate agreements with the Capital Area Transportation Authority (CATA), a public authority, to provide transportation services for the University.
On a motion by Ms. Cook, supported by Mr. Nugent, THE BOARD VOTED to approve the recommendation.
E. Interim Student Conduct Policy
At a Policy Committee of the Whole meeting, the Board discussed three versions of a student misconduct policy. The version below is the one adopted by the Board. The entire document with the options considered by the Committee is included with the agenda materials in the Office of the Secretary of the Board of Trustees.
1)RESOLUTION TO ADOPT AN INTERIM STUDENT CONDUCT POLICY
WHEREAS, the Board believes that the Michigan State University community should engage in broad ranging discussion over the next two years about the need for the University's student disciplinary rules to apply to certain student conduct occurring off campus; and
WHEREAS, recent events occurring on and in the vicinity of the University's campus evince an immediate need for the University to declare that certain student conduct offends the University community's basic values; and
WHEREAS, the Board is concerned that certain student conduct may threaten the safety, health, and well being of the University community; and
WHEREAS, the Board would have preferred to proceed in its normal fashion and receive a recommendation through the academic governance system prior to acting on the attached Policy, but feels that this unusual action is warranted by the recent civil disturbance and the interim nature of the attached Policy.
NOW, THEREFORE, BE IT RESOLVED THAT the attached Interim Student Conduct Policy is hereby adopted to augment existing regulations and policies governing student conduct.
This Resolution shall take effect immediately. The Board expects to replace the Interim Student Conduct Policy with a permanent policy because it feels that an off-campus policy is necessary and it has a responsibility to have such a policy in place. The Interim Student Conduct Policy shall remain in effect for two years. On April 30, 2001, if the academic governance process has produced a proposed permanent policy for the Board's consideration, even if the Board has not acted upon it, the Interim Student Conduct Policy shall no longer be effective. If the governance process has not produced a proposed permanent policy for the Board's consideration, then the Interim Student Conduct Policy shall become permanent.
INTERIM STUDENT CONDUCT POLICY
Prohibition
Michigan State University students shall not engage in disorderly conduct at or in connection with a riot.
Definitions
"Riot" means five or more persons, acting in concert, who engage in violent conduct and thereby intentionally or recklessly cause or create a serious risk of causing public terror or alarm.
"Acting in concert" means acting with a common intent or purpose.
"Disorderly conduct at or in connection with a riot" includes, but is not limited to, setting fires; throwing bottles or other projectiles; damaging, destroying, or defacing property not the student's own; obstructing, interfering with, or disrupting the activities of peace officers or public safety personnel engaged in the lawful performance of their official duties; failing to disperse when so directed by peace officers; intentionally or recklessly causing or threatening physical harm to another; endangering the physical safety of another; tampering with or misusing fire or safety equipment; theft or looting; resisting arrest; and conspiring with others to do any of the foregoing.
Application
This Policy applies to all Michigan State University students whenever the prohibited conduct occurs on the land governed by the Board of Trustees of Michigan State University (the "campus"), when students are engaged in University-sponsored or student group sponsored (student governing group and registered student organization) activities off campus, in all local government jurisdictions adjacent to the campus, on any other college or university campus, and in all local government jurisdictions adjacent to such campuses.
Temporary Suspension
When the Vice President for Student Affairs and Services ("VPSAS") determines that there is reasonable cause to believe that a student has violated this Policy, the VPSAS may temporarily suspend the student pending final determination of whether the student has violated this Policy. Students placed on temporary suspension may petition for reinstatement pending the final resolution of their cases. Such
petitions will be considered by the Student-Faculty Judiciary within five class days. A temporary suspension shall not preclude, predetermine, or render irrelevant subsequent disciplinary action or procedures, nor shall an interim suspension create a presumption of guilt. Disciplinary action for violation of this Policy shall otherwise be governed by the same procedures, including the range of sanctions up to suspension, applicable to alleged violations by students of other University policies and regulations, which procedures are set forth in the Academic Freedom Report for Students at Michigan State University, the Graduate Student Rights and Responsibilities document, and the Medical Student Rights and Responsibilities document.
Prior to placing a student on temporary suspension, the VPSAS shall:
(1) make reasonable efforts to notify the affected student that the matter is under review and that the student may submit a statement and pertinent documents for consideration by the VPSAS, and/or confer with the VPSAS, in person or by telephone, within a time period to be specified in the notice; and
(2) review available information and decide whether, in light of the totality of the circumstances and the standard stated in this Policy, a temporary suspension is appropriate.
Interpretation
This Policy shall not be interpreted to restrict or limit any student's First Amendment rights to freedom of speech or assembly.
Prior to the vote, Trustees commented on the Resolution and the Interim Student Conduct Policy as follows.
Ms. Cook said she preferred the stronger version of the resolution, but she supported the efforts of the Board and the spirit of the resolution.
Mr. Porteous expressed his appreciation for the letters and phone calls that he has received. He said he appreciated and found helpful the comments today of the people from the East Lansing community, students, and faculty. Trustee Porteous said it was incumbent upon the Board to adopt the resolution and he supported it. Like Trustee Cook, however, he said he would have supported a somewhat broader policy that would be reviewed by the Board within two years.
Mr. Nugent said he thought from previous discussions the preference was for Option 1, Section I, of the documents being considered. However, since it was not included in the recommended resolution, he would like the opportunity to continue the discussion at the next meeting of the Board.
Mr. Traxler said he was impressed with the presentations, especially those of the students. He said while he had differences of opinions and views, the comments were articulate, intelligent, and coherent. He expressed "admiration and appreciation for the way in which they politely and forcefully articulated, especially articulated, their views." He said it gave him great hope for the future of this University and the nation.
Ms. McNamara said that she would vote No, and asked to have her comments at the earlier Committee of the Whole meeting serve as the explanation for her vote. Her comments follow: "I am still in opposition to this, on principle. I don't think that this resolution is a deterrent; I think this is a knee-jerk response. We are not thinking through what really would make a difference. I don't think that all of those items in A.3 are felonies. However, if a person committing a felony is not deterred by the fact that they may spend 10-15 years in prison, they certainly aren't going to be deterred from violating a Code of Student Conduct. The universities that have Codes of Student Conduct for off-campus violations have experienced riots, so the experience has been that these kinds of codes do not deter riots. If this is a way of punishing people, which is what a suspension could be, I still believe that someone should be convicted in a court of law before this University takes very serious, life-changing steps to suspend or expel someone. I believe we have an adequate response to the safety of the community now which is the `clear and present danger' aspect of the present policy, and so I won't be voting for this."
On a motion by Mr. Traxler, supported by Mr. Nugent, THE BOARD VOTED to approve the Resolution and Interim Student Conduct Policy. The vote was 5-1. Trustees Cook, Gonzales, Nugent, Porteous, and Traxler voted Yes. Trustee McNamara voted No. Trustee Ferguson had to leave the meeting early and was not present for the vote. Trustee Weiss was absent.
On a motion by Mr. Nugent, supported by Ms. Cook, THE BOARD VOTED to continue its discussion of the off-campus conduct Option 1, Section I, at its next meeting. Ms. McNamara voted No.
Following the vote, President McPherson commented on the process that had taken place in considering the interim student conduct policy. He said, in his judgment, the most pressing matter was that the University needed a policy to cover conduct in connection with a riot no matter where it occurred. He cited excellent University programs, outstanding research activities, Truman Scholarship winners, and Trustee GPA Award recipients as examples of reasons why we should all be very proud. But, he said, there are some additional steps that can be taken to make the University even stronger. While this policy will be helpful, he believes it is not the full answer that we want for Michigan State in the years ahead.
2)The following additional resolutions were presented and discussed at the earlier Policy Committee of the Whole meeting. The resolution commending the student body was developed by student leaders and offered to the Board for their consideration. The second resolution was presented by Trustee Colleen McNamara.
a.RESOLUTION COMMENDING STUDENT BODY
BE IT RESOLVED that the Trustee Policy Committee recommends to the Board of Trustees that the Board and Michigan State University Administration formally recognize and commend the grassroots efforts of numerous student groups that are determined to show the real face of the MSU Study Body and Michigan State University following the incidents on March 27 and 28.
BE IT FURTHER RESOLVED that the Trustee Policy Committee recommends to the Board of Trustees that the Board and administration assist the student groups with events that promote the process of healing our community and helping to restore the image of the Michigan State University Student Body, Michigan State University, and our community of East Lansing.
b.RESOLUTION BY TRUSTEE COLLEEN MCNAMARA COMMENDING STUDENTS AND FACULTY
MSU is home to one of the most beautiful college campuses in the world. MSU's academic, research and outreach programs are internationally known and respected. The University has also become a cultural center for the community for fostering and supporting the arts.
Students at MSU represent every county in the State, and 111 countries. Students come to MSU after hard work and solid attainment in their high schools. Most students at MSU are serious about their academic tasks, and approach the University as a place to grow and develop as educated citizens. Students at MSU compete in 21 varsity sports and 40 club sports. They are world-class athletes as demonstrated in the superb performance of the current basketball and hockey teams.
East Lansing and MSU have worked diligently over the years to enhance the quality of life for both entities. Many cooperative programs in areas such as health and education have benefitted the University and the community.
The disturbance of March 27 has brought embarrassment and deep concern to the students, the University and the community.
MSU President Peter McPherson has worked tirelessly over the last year to understand and address the issues that lead to these types of behaviors. He has opened lines of communication with students and the local community in ways that have never been tried before. His efforts are commended by the Board.
The Board commends the students and faculty who supported the President's communication efforts following the disturbances. The faculty is commended for discussing the occurrences of March 27 and related issues in classes across campus. Students are commended who participated in grassroots efforts to repay the victims of March 27 and to denounce those who created the disturbances. The Board also commends area law enforcement officials and fire protection officials for their efforts related to the March disturbances.
Let it be resolved that the MSU Board of Trustees supports the aggressive and decisive efforts by law enforcement officials to identify, charge and prosecute those involved in criminal activities at the March disturbance. And furthermore, we urge the full extent of penalties provided under the law to be exercised on those found guilty.
The Board pledges to intensify its support for the efforts to assure this type of behavior does not occur again.
F.The annual Affirmative Action Report was presented at the Committee meeting by Ms. Paulette Granberry Russell, Senior Advisor to the President for Diversity, and Director of Affirmative Action, Compliance and Monitoring. The report and supporting data are included with the Board agenda materials.
Ms. Granberry Russell highlighted information from the printed report and shared her impressions of the climate of the University with respect to diversity of faculty, staff, and students. She also offered a sense of the direction her office will take as a result of her impressions of the past four and one-half months at MSU. She said the University must renew its efforts to recruit and retain minorities and women faculty and staff, and continue to work with educators in K-12 programs to stimulate interest in the sciences by underrepresented groups. Ms. Granberry Russell said her office will continue its work with faculty, staff, and student organizations to assure that the campus continues to be a place where all feel welcome.
G.At the beginning of the Committee meeting, resolutions were presented to Hockey Coach Ron Mason by Chairperson Gonzales, Men's Basketball Coach Tom Izzo by Trustee Joel Ferguson, and MSU Debate Team Director James Roper by Trustee Porteous. Because of prior commitments and lengthy committee discussions, the resolutions were presented at that time rather than during the President's Report or Chairperson's/Trustees' Comments. The resolutions are included with the agenda materials in the Office of the Secretary of the Board of Trustees.
12.Public Participation on Issues Not Germane to Agenda
Anne Lewis, an East Lansing neighbor, talked about the negative impressions that the recent student disturbances would leave with international visitors to our country who reside in the East Lansing area.
13.Chairperson's Report and Trustees' Comments
A.Chairperson's Report
1)Ms. Gonzales reported she had attended some sessions of the "Race in 21st Century America" conference being held on campus. She thought that other Board members would be interested in the diversity of perspectives about affirmative action.
2)Ms. Gonzales thanked her colleagues for the opportunity to debate Board policies, and to review the interim student conduct policy. She also thanked Dr. Henry Silverman for his comments. She commented that only a small number of MSU students were involved in the activities, and that most students are positive and energetic and obey the laws while they are here. Chairperson Gonzales identified the Trustee GPA Award recipients and Truman Scholars as splendid examples of the studious student body at Michigan State. She said that we should not lose sight of the majority of excellent students who attend MSU.
B.Trustees' Comments
1)Mr. Porteous said he was impressed with the President and his staff's prompt action following the demonstration and riot. He said it sent a message around the state and country that this sort of conduct would not be tolerated and that the University was taking it very seriously and moving to take action.
Trustee Porteous said he appreciated the recent debate and discussions of the Board, and is hopeful such substantive and thorough discussions will continue in other areas. He said he welcomes the comments of faculty and students on University issues.
Mr. Porteous thanked Dr. Pogel and her staff for getting materials to Trustees in a timely manner. He also thanked the athletic department as they have dealt with Final Four basketball, Frozen Four hockey, indoor track, and other events.
President McPherson commented that a large number of people had worked very hard with so much going on, and the post-season athletic events were exciting.
2)Ms. McNamara recommended that the Board should discuss ways to use University resources to research student disturbances. She further suggested involving the rest of the University in hosting a national conference on student disturbances. She said it would be an opportunity for Michigan State to take leadership on an issue that is occurring across the country.
3)Mr. Nugent supported Ms. McNamara's suggestion. He also commented about the activities related to post-season games. Mr. Nugent told Jamie Czekai and Clay Pelon that he had enjoyed having them as Student Liaisons, and he thanked the other students who have been actively involved with the Board. He commented on the excitement of graduation.
4)Ms. Cook remarked that she was saddened by recent events, but she felt happy about the wonderful support from the vast majority of the students which is evident in the resolution from the student leadership. She said she is hopeful the University will be creative in resolving these issues that the Board has been discussing.
Ms. Cook spoke of the importance of the proposed Life Sciences corridor which would involve the three major research universities in Michigan: Wayne State, University of Michigan, and Michigan State. She said it will have an enormous impact, and she is proud that Michigan State will play a major role. Trustee Cook noted the Governor's interest in the project.
Ms. Cook thanked everyone who was involved in the preparation of activities for the NCAA Final Four men's basketball games in Florida. Trustee Cook also thanked Vice President Denbow for his role in representing the University during the activities of the past several weeks.
5)Mr. Traxler expressed appreciation to Dr. Pogel and Michael Moon for the professional way they dealt with difficult Board matters in recent weeks.
6)Board members welcomed Trustee Traxler back following recuperation from his accident.
14.An Executive Session was not requested.
15.On a motion by Ms. Gonzales, supported by Mr. Traxler, the Board voted to adjourn at 1:30 p.m.
Peter McPherson, President
Nancy H. Pogel, Secretary
Index
Page(s)
Chairperson's Report/Trustees' Comments 10727-29
Executive Session (None) 10729
Finance Committee 10717-20
Bids and Contract Awards 10717-19
Architect/Engineer Selection - Parking Ramp No. 5 10719
Exterior Facilities Maintenance and Improvement Projects
Campus Steam Tunnel Repair 1999 - STM 225 to 227, 185, 192, 193, 197, 201 10717
Campus Well Line Extension 1999 10717
Life Sciences Building - Replace Deteriorating Roofs No. 2 & No. 3 North Wing 10717
Natural Resources Barrier Free Renovations 10718
Spartan Stadium - Column Repair 1999 10718
Spartan Village - Repair Roofs on Sections 1444, 1448, 1523, 1539, 1544,
1548, and 1617 10718
Interior Facilities Maintenance and Improvement Projects
McDonel Hall - Alterations in C107 (Kiva) 10718
Appointment of Construction Manager and Renovations to Munn Ice Arena 10718
Stores Building No. 1 - Air Conditioning System 10718
Information Technology Projects
Campus Fiber Optic System Phase VI 10718
Student Data Services - Armstrong, Bailey, Bryan, McDonel, Wilson Halls 10718
Roads and Parking Improvements
Parking Lot 65 (Brody Hall) Reconstruction 10718
Parking Lot 90 (Clinical Center) Reconstruction 10719
Parking Lot 91 (Northeast of Clinical Center) - Final Phase 10719
Farm Lane Bridge Resurfacing 10719
Ford Property, Establish Selling Price 10719
Funds Functioning as Endowment 10719
Richard Reid Scholarship/Fellowship Fund 10719
Blake Smith, Ph.D. Endowed Memorial Fund 10719
Housing Rate Recommendations, 1999-2000 - Residence Halls & University Apts 10720
Wellhead Protection Program for MSU 10720
Gift, Grant and Contract Report 10717
Guiding Principles Report - Undergraduate & Graduate Research Opportunities 10713-14
Personnel Actions 10716-17
Appointments 10716-17
Information Reports 10717
Index (continued)
Page(s)
Policy Committee of the Whole 10720-27
Capital Area Transportation Authority (CATA) Project 10720
Conflict of Interest, Potential (Delegate at next meeting) 10720
DanlHos Computer Consulting 10720
MolFlex 10720
Executive Development Center Project 10720
Student Conduct Policy, Interim - Resolution and Interim Policy 10713, 10721-25
Resolution Commending Student Body 10725
Resolution by Trustee McNamara Commending Students and Faculty 10725-26
Report
Affirmative Action and Diversity Annual Report 10726
Resolutions 10727
Hockey, Men's Basketball, Debate Team 10727
President's Report 10712-13
Public Participation 10714-16, 10727
Germane to Agenda 10714-16
Other Issues 10727
Trustee GPA Awards 10713
