Montana Board of Regents of Higher Education

MINUTES

November 21-22, 1996

University Center Ballroom

The University of Montana-Missoula

Missoula, Montana

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BOARD ACTION: Approved unanimously January 23, 1997 (Helena).

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ACADEMIC/STUDENT AFFAIRS COMMITTEE

ADMINISTRATIVE/BUDGET COMMITTEE

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REGENTS PRESENT: Jim Kaze (Chairman), Paul Boylan, Colleen Conroy, Mike Green, and Margie Thompson; Interim Commissioner of Higher Education Richard Crofts

REGENTS ABSENT: Pat Davison and Kermit Schwanke (Excused)

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THURSDAY, NOVEMBER 21, 1996

Chairman Jim Kaze called the regular meeting of the Board of Regents to order at 11:30 a.m. in the University Center Ballroom at The University of Montana--Missoula. Roll call showed that a quorum was present.

Regent Colleen Conroy moved that the Board approve the minutes from the August 15, 1996 conference call meeting and the September 19-20, 1996 regular meeting as mailed to Board members. The motion passed unanimously.

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CONSENT AGENDA ITEMS

Staff Items

a. ITEM 93-100-R1196--Staff; Office of the Commissioner of Higher Education

b. ITEM 93-1000-R1196--Staff; The University of Montana--Missoula

c. ITEM 93-1500-R1196--Staff; Montana Tech of The University of Montana

d. ITEM 93-1600-R1196--Staff; Western Montana College of The University of Montana

e. ITEM 93-1603-R1196--Professor Emeritus Status for Professor Jerold A. Hilton; Western Montana College of The University of Montana

f. ITEM 93-1900-R1196--Staff; Helena College of Technology of The University of Montana

g. ITEM 93-2000-R1196--Staff; Montana State University--Bozeman

h. ITEM 93-2400-R1196--Staff; Extension Service

i. ITEM 93-2700-R1196--Staff; Montana State University--Billings

j. ITEM 93-2800-R1196--Staff; Montana State University--Northern

k. ITEM 93-2850-R1196--Staff; Montana State University College of Technology--Great Falls

Capital Construction Items

a. ITEM 93-1001-R1196--Knowles Residence Hall Renovations Life Safety; The University of Montana--Missoula

b. ITEM 93-1003-R1196--Renovate Room 106, Botany Annex for Growth Chamber; The University of Montana--Missoula

c. ITEM 93-1004-R1196--Miscellaneous Asphalt Resurfacing, West Campus of the College of Technology; The University of Montana--Missoula

Other Items

a. ITEM 93-101-R1196--Rural Physician Incentive Program; Office of the Commissioner of Higher Education

Regent Mike Green moved that the Board approve all items on the Consent Agenda (Staff, Capital Construction, and Other). The motion passed unanimously.

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STUDENT REPORTS

The Board heard reports from Jim McCray, president of MAS and ASMSU, and Jason Thielman, president of ASUM.

Prior to hearing committee reports, Chairman Kaze asked Dr. Norm Eggert, chair of the Faculty Council at Montana State University--Bozeman, to report on the status of the Montana Academic Forum.

Dr. Eggert reported on the group's first meeting held October 17-18, 1996, in Bozeman. He said the group would likely be addressing issues such as asynchronous versus synchronous learning, including distance-learning; workload and risk-taking; resources, including time, money, and facilities; transferability of distance-learning courses; and student services. In regard to the Montana Academic Forum's direction, Dr. Eggert said the campuses would first have to take positions. Next, they would be talking to those who supply the system's students, e.g., Board of Public Education, and those accept the students, e.g., employers. Subsequent to developing six statements from the four-year campuses, those would be combined into a single statement to the Board of Regents.

Chairman Kaze emphasized that this initiative was important and another step in the university system restructuring. He said the Montana Academic Forum group had taken on a huge task and was doing an excellent job. He encouraged the Regents to become involved to the extent possible in the group's efforts.

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COMMITTEE REPORTS

ACADEMIC/STUDENT AFFAIRS COMMITTEE

The Academic and Student Affairs Committee met at 9:00 a.m. in the Montana Rooms of the University Center. Committee members present included Regents Margie Thompson (acting chair) and Mike Green. Chairman Kaze asked Regent Thompson to present the committee's report to the full Board.

ANNOUNCEMENTS

The following Level I changes were approved by the Commissioner's Office (November 21, 1996 memo to Board from Stuart Knapp on file):

a. The University of Montana--Missoula

Add an option in General Geology to the Bachelor of Arts in Geology

Offer a Bachelor of Liberal Studies degree in Kalispell in cooperation with Flathead Valley Community College

CONSENT AGENDA/ACTION

The following items were on the Consent Agenda/Submission agenda at the September 1996 meeting:

a. ITEM 92-1009-R0996--Proposal to Offer an Associate of Applied Science Degree in Welding Technology; College of Technology of The University of Montana--Missoula

b. ITEM 92-1010-R0996--Proposal to Offer an Associate of Applied Science Degree and Certificate in Human Services; College of Technology of The University of Montana--Missoula

c. ITEM 92-1601-R0996--Authorization of Associate of Arts Computer Layout and Design Degree; Western Montana College of The University of Montana

d. ITEM 92-2006-R0996--Authorization for the Departments of Electrical Engineering and Computer Science to Offer a Bachelor's Degree in Computer Engineering; Montana State University--Bozeman

e. ITEM 92-2853-R0996--Approval of Proposal to Award the Associate of Applied Science Degree in Bioscience Technology; Montana State University College of Technology--Great Falls

f. ITEM 92-301-R0996--Approval of Proposal to Implement the Associate of Applied Science Degree in Professional Goldsmithing; Flathead Valley Community College

Regent Thompson moved that the Board concur with the committee's recommendation to approve Consent Agenda/Action ITEMS 92-1009-R0996, 92-1010-R0996, 92-1601-R0996, 92-2006-R0996, 92-2853-R0996, and 92-301-R0996. The motion passed unanimously.

ACTION AGENDA

The following items (a. through g. on the committee's agenda) were on submission at the September 1996 meeting:

a. ITEM 92-1901-R0996--Approval of Proposal to Offer a Two-Year Associate of Applied Science Degree in Protective Services; Helena College of Technology of The University of Montana

b. ITEM 92-2851-R0996--Approval to Add a Concentration in Fire and Rescue Technology with an Option in Paramedic to the Existing Associate of Applied Science Degree in Emergency Services; Montana State University College of Technology--Great Falls

Regent Thompson referred to a November 6, 1996 memo from Jane Karas (on file) and noted that considerable work had been done on the proposals by all the involved parties.

After brief discussion, Regent Thompson moved that the Board concur with the committee's recommendation to approve ITEMS 92-1901-R0996 and 92-2851-R0996. The motion passed unanimously.

c. ITEM 92-2008-R0996--Authorization to Establish the NASA-MSU TechLink Center: A Center to Implement a Technology Transfer and Commercialization Program to Access NASA and Other Federally Developed Technologies and Know-How for the Benefit of Companies and Industries in Montana, North Dakota, South Dakota, Wyoming and Idaho; Montana State University--Bozeman

According to ITEM 92-2008-R0996, the Center for Economic Renewal and Technology Transfer (CERTT) recently received an initial $4.5 million award from NASA to plan, start up, and manage a regional technology transfer and commercialization program called TechLink, which would act as a linkage and conduit between companies in the region and NASA, federal laboratories, MSU--Bozeman, and the regional universities. TechLink would also work closely within the existing MSU framework for technology development and transfer and operate under the CERTT umbrella.

After brief discussion, Regent Thompson moved that the Board concur with the committee's recommendation to approve ITEM 92-2008-R0996. The motion passed unanimously.

d. ITEM 92-2009-R0996--Authorization to Establish the Center for Computational Biology; Montana State University--Bozeman

ITEM 92-2009-R0996 would authorize establishment of the Center for Computational Biology, which would have three major goals: research, training, and technology transfer. The center, which would be funded through a combination of federal, university, and partner funds, would serve as a unique, worldwide collaboratory that would take advantage of new telecommunication capabilities provided by the Burns Telecommunication Center to enable scientists at MSU--Bozeman and throughout the region to directly access computational capabilities far beyond those currently available.

After brief discussion, Regent Thompson moved that the Board concur with the committee's recommendation to approve ITEM 92-2009-R0996. The motion passed unanimously.

The Board recessed at 12:00 noon for a luncheon/meeting with student representatives.

The Board reconvened at 1:40 p.m. in the University Center Ballroom.

Continuation of Academic/Student Affairs Committee

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REPORT ON UNDERGRADUATE RESEARCH

Interim Deputy Commissioner for Academic Affairs Stuart Knapp said one of the initiatives of the Montana University System Research Committee was to make sure the Regents had the chance to see a sample of the types of research work that students were doing. After brief remarks from Dr. Knapp, he introduced the following students, who provided the Regents with brief presentations of their research projects: Dave Fish from MSU--Northern, "Beaver Creek"; Juan Lulack from Western Montana College of The UM, "Research on Stream Perturbations"; Bobbi Frazer from MSU--Billings, "Application of a Varient Merge-Sort Procedure"; Barbie Ganser from Montana Tech of The UM, "Isolation and Production of Taxol Producing Fungi"; Ryan Storfa from MSU--Bozeman, "Effects of Microgravity on the Formation of Biofilms"; and Carin Nielsen and Nat Rial from The University of Montana--Missoula, "Bacteria That Causes Lyme Disease."

Following questions from Regents, Chairman Kaze thanked the students for making the trip to Missoula to present their research projects to the Board.

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COMMITTEE REPORTS (continued)

ACADEMIC/STUDENT AFFAIRS COMMITTEE

ACTION AGENDA

e. ITEM 92-2702-R0996--Authorization for the College of Arts and Sciences to Offer a Bachelor of Science Degree in Liberal Studies; Montana State University--Billings

Regent Green noted that the committee had discussed this item, and it would likely undergo a name change by the January 1997 meeting.

Referring to this and other programs, Chairman Kaze said he wanted to make sure students were well-informed when they enrolled in a program about its cost and what they could expect upon completion, either in the form of continuing education toward a master's or doctorate degree, repaying education debt if incurred, or employment opportunities.

After brief discussion, Regent Thompson moved that the Board concur with the committee's recommendation to approve ITEM 92-2702-R0996. The motion passed unanimously.

f. ITEM 92-2701-R0996--Authorization to Offer a Bachelor of Applied Science Degree; Montana State University--Billings

Regent Thompson moved that the Board concur with the committee's recommendation to approve ITEM 92-2701-R0996.

Following discussion concerning the name of the degree, Regent Thompson amended her motion that ITEM 92-2701-R0996 be approved with the understanding that the name of the degree may be changed subsequent to review by the chief academic officers and the deputy commissioner.

Regent Thompson's motion that the Board approve ITEM 92-2701-R0996 as amended passed unanimously.

g. ITEM 92-1008-R0996--Proposal to Offer a Bachelor of Technology Degree; The University of Montana--Missoula

In response to a question from Chairman Kaze, Missoula College of Technology Dean Dennis Lerum said the Bachelor of Technology degree title was the title preferred by the Missoula faculty to make it apparent that the degree was distinctly different from the other bachelor of science or bachelor of arts degrees on campus. To avoid confusion in advising, they wanted to make sure this unique degree was easily identifiable.

Provost Robert Kindrick from The University of Montana--Missoula said the Bachelor of Technology degree would be a local degree, and they did not anticipate out-of-state students coming in for it or students from other cities. Provost Kindrick said it would serve a clientele of students who received the associate of applied sciences degree. He did not believe the title would be confusing in that regard and pointed out they had agreed to discuss further the matter of a title.

Chairman Kaze pointed out they would have a bachelor of science in technology (Havre), a bachelor of technology (Missoula), and a bachelor of applied science (Billings) and wondered whether this was causing confusion among students and employers.

Provost Kindrick said they were not all serving the same clienteles in terms of curriculum.

Regent Green said it did not matter what the name of the degree was but that it should be consistent throughout the system. He said they were going to be selling it to the Montana people to impress upon them the importance of two-year education, and using a single title would be easier.

Provost Kindrick said he understood that concern and was willing to enter into discussions with the other campuses and the deputy commissioner to come to a satisfactory resolution.

Regent Thompson moved that the Board approve ITEM 92-1008-R0996 at 120 credits, refer it back to the campus for review, and have it brought back to the Board at a future meeting. She said the second part of her motion would ask that the name of the proposed degree be reviewed.

President Dennison said he did not feel that 120 credits was the appropriate limit for this program. He said it was not a traditional baccalaureate program that proceeded from freshman through senior but instead was a program where a student could get a two-year degree, go into the workforce, and come back to pursue additional education. President Dennison said the program would provide assistance to a person who wanted to pursue that career ladder. He said the arguments were very different for 120 credits in that situation, and they needed to take those differences into account.

Interim Commissioner Richard Crofts said if Regent Thompson's motion were passed, they should not assume that the 10-hour reduction would be at the expense of the hours to be transferred from the AAS degree and, in fact, would likely come out of general education. He referred to criteria for exceptions in the Board's policy and did not think any of those applied to this type of degree.

After lengthy discussion, Chairman Kaze called for a vote on Regent Thompson's motion that the Board approve ITEM 92-1008-R0996 at 120 credits and send it back to the campus for revision and for a review of the name. The motion failed by a vote of 4 to 1; Regents Boylan, Green, Conroy, and Kaze voted against the motion.

Regent Green moved that the Board approve ITEM 92-1008-R0996 with the stipulations that (a) the name of the degree may change subject to review by the chief academic officers and the deputy commissioner; and (b) should the core curriculum requirements be reduced, the number of degree credits would be reduced commensurately. The motion passed unanimously.

Following a 10-minute break, the Board reconvened at 3:30 p.m.

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COMMITTEE REPORTS

ADMINISTRATIVE/BUDGET COMMITTEE

The Administrative/Budget Committee met at 9:00 a.m. in the Montana Rooms of the University Center. Committee members present included Regents Colleen Conroy (chair), Paul Boylan, and Jim Kaze. Chairman Kaze asked Regent Conroy to present the committee's report to the full Board.

SUBMISSION AGENDA

a. ITEM 93-002-R1196--Transfers of Interests in Real Property; Montana University System (NEW)

Regent Conroy said ITEM 93-002-R1196 was a new Board policy that resulted from a resolution passed by the Regents at their September 1996 meeting in response to a suggestion from the Land Board. The policy paralleled legislation adopted by the 1995 Legislature regarding land sales and set out guidelines for sales and exchanges of land, leases, easements, purchases, and other requirements.

Chairman Kaze briefly summarized the policy based on a report during the committee meeting from Chief Legal Counsel LeRoy Schramm.

Following discussion, the Board agreed to place ITEM 93-002-R1196 on the action agenda at the January 23-24, 1997 meeting.

CONSENT AGENDA/ACTION

a. ITEM 93-1005-R1196--Certificate of Completion, Family Housing Apartment Complex Phase I, Series A 1993 Facilities Improvement and Refunding Revenue Bonds; The University of Montana--Missoula

b. ITEM 93-1006-R1196--Certificate of Completion, Parking Lot Renovations, Series A 1993 Facilities Improvement and Refunding Revenue Bonds; The University of Montana--Missoula

c. ITEM 93-1007-R1196--Certificate of Completion, Residence Hall Renovations to Miller Hall, Series A 1993 Facilities Improvement and Refunding Revenue Bonds; The University of Montana--Missoula

d. ITEM 93-1008-R1196--Certificate of Completion, Residence Hall Life Safety Renovations, Series A 1993 Facilities Improvement and Refunding Revenue Bonds; The University of Montana--Missoula

e. ITEM 93-1009-R1196--Certificate of Completion, Construction of Pantzer Hall, Series A 1993 Facilities Improvement and Refunding Revenue Bonds; The University of Montana--Missoula

f. ITEM 93-1010-R1196--Certificate of Completion, University Center Renovation, Series A 1993 Facilities Improvement and Refunding Revenue Bonds; The University of Montana--Missoula

g. ITEM 93-1011-R1196--Certificate of Completion, Washington-Grizzly Stadium Scoreboard, Series A 1993 Facilities Improvement and Refunding Revenue Bonds; The University of Montana--Missoula

h. ITEM 93-1012-R1196--Certificate of Completion, Washington-Grizzly Stadium Elevator, Series A 1993 Facilities Improvement and Refunding Revenue Bonds; The University of Montana--Missoula

i. ITEM 93-1602-R1196--Certificate of Completion, Student Union Renovation, Series A 1993 Facilities Improvement and Refunding Revenue Bonds; Western Montana College of The University of Montana

Regent Conroy moved that the Board concur with the committee's recommendation to approve Consent Agenda/Action ITEMS 93-1005-R1196, 93-1006-R1196, 93-1007-R1196, 93-1008-R1196, 93-1009-R1196, 93-1010-R1196, 93-1011-R1196, 93-1012-R1196, and 93-1602-R1196. The motion passed unanimously.

ACTION AGENDA

a. ITEM 92-001-R0996--Transferability of Sick and Annual Leave; Montana University System (NEW)

Regent Conroy said ITEM 92-001-R0996 was a new Board policy that was on submission at the September 1996 meeting. She said it confirmed and clarified existing practice regarding transferability of sick and annual leave credits. Under the policy, employees at any units of the university who accepted positions at other units may not receive cash compensation for unused leave. The receiving unit would assume the liability for accrued leave transferred with the employee.

Regent Conroy moved that the Board concur with the committee's recommendation to approve ITEM 92-001-R0996. The motion passed unanimously.

b. ITEM 93-1002-R1196 (REVISED)--Purchase of Property, 609 South 6th East; The University of Montana--Missoula

Regent Conroy said this revised version of ITEM 93-1002-R1196 authorized the president of The University of Montana to implement the steps necessary to purchase the property located at 609 South 6th East in Missoula subject to final approval by the Office of the Commissioner.

President Dennison said the original proposal asked for authority from the Board at this meeting in view of the requirements in the acquisition zone policy, which stated that anything over $75,000 required specific approval of the Board. He said they did not yet have a buy/sell agreement on the property so were instead asking approval in the revised version to allow them to move forward to negotiate. The commissioner would provide the final approval, assuming an agreement was reached. President Dennison said they had two appraisals and a market analysis and were averaging those. He expected they would be below the highest bid.

Regent Conroy moved that the Board concur with the committee's recommendation to approve ITEM 93-1002-R1196 (REVISED). The motion passed unanimously.

c. ITEM 93-1601-R1196--Authorization to Proceed with Land Exchange; Western Montana College of The University of Montana

Regent Conroy said ITEM 93-1601-R1196 was a request from Western Montana College to proceed with a Vigilante Park land exchange with the city of Dillon.

Following comments from Chancellor Sheila Stearns, Chairman Kaze pointed out that the Regents would be approving authorization to proceed only with planning. He said the item would need to come back to the Regents for approval to close the deal. Chairman Kaze also noted the property was located 10 blocks from the campus.

After brief discussion, Regent Conroy moved that the Board concur with the committee's recommendation to approve ITEM 93-1601-R1196. The motion passed unanimously.

d. ITEM 93-2001-R1196--Authorization to Proceed with the Financing and Construction of Academic Instruction, Research and Technology Facilities; Montana State University--Bozeman

Regent Conroy said ITEM 93-2001-R1196 was a request for Board approval of the design and construction of academic instruction, research, and technology facilities on the Bozeman campus in an amount not to exceed $26 million, of which up to $20 million would be financed through bonds. At the July 1996 meeting, the Board authorized MSU--Bozeman to proceed with academic projects subject to student approval of a fee to help fund the projects. On October 30, a fee was approved through a campus-wide vote.

President Malone said this item asked to expand the authorization for this specific project to $26 million. The additional $6 million was not part of the bonding authority but would hopefully be received from the federal government and raised in the private sector. When the project was first presented, MSU--Bozeman said they would come forward with a project that would be a new facility and not simply a deferred maintenance project. He said the students voted by a 2 to 1 margin to raise their building fee to fund bonding for the project.

Following discussion, Regent Conroy moved that the Board concur with the committee's recommendation to approve ITEM 93-2001-R1196. The motion passed unanimously.

e. ITEM 93-2701-R1196--Authorization to Change Funding Source on a Previously Approved Parking Lot; Montana State University--Billings

Regent Conroy said the Board originally approved this parking lot in January 1996. The lot was to be financed within a two-year period from existing funds in the parking lot account and future revenues from parking fees. Since that time, the parking lot had been included in projects listed under Series D 1996 bond funds, and ITEM 93-2701-R1196 was MSU--Billings' request that the change in funding source be approved.

After brief discussion, Regent Conroy moved that the Board concur with the committee's recommendation to approve ITEM 93-2701-R1196. The motion passed unanimously.

f. ITEM 93-1013-R1196--Student Computer Fee Allocation; The University of Montana--Missoula

Regent Conroy said ITEM 93-1013-R1196 was an addition to the agenda that would authorize The University of Montana--Missoula to expend student computer fee funds for a project to create a 54-station, general-access computer facility in the University Center, including printing, multimedia development, and adaptive technology at a cost of $200,000.

After brief discussion, Regent Conroy moved that the Board concur with the committee's recommendation to approve ITEM 93-1013-R1196. The motion passed unanimously.

g. ITEM 93-1604-R1196--Authorization to Increase the Student Activity Fee; Western Montana College of The University of Montana

Regent Conroy said ITEM 93-1604-R1196 was an addition to the agenda that would authorize Western Montana College of The UM to increase the student activity fee by $12.50 per semester, effective spring semester 1997.

Chancellor Sheila Stearns said the increase was vital for the continued effectiveness of the Associated Students of Western Montana College and noted the increase had been approved by a vote of the student body.

Regent Conroy moved that the Board concur with the committee's recommendation to approve ITEM 93-1604-R1196. The motion passed unanimously.

h. ITEM 49-002-R0985--Student Participation in Mandatory Fee Decisions; Montana University System (506.1 REVISED)

Regent Conroy said ITEM 49-002-R0985 was a suggested revision to Board Policy 506.1 that had been requested by the students. The Board agreed to place it on the action agenda at the January 1997 meeting.

OTHER

a. Procedure for Allocating Remanded Nonresident Tuition

Prior to the 1995 legislative session, Interim Commissioner Crofts said the system had adopted an enrollment management plan that said if nonresident enrollment on a given campus exceeded more than 1% of the projected target, the additional tuition revenue would revert to the Board for reallocation to whatever purpose the Regents chose. Last spring, approximately 75 percent of $500,000 had been reallocated to MSU--Northern and 25 percent to MSU--Bozeman. Dr. Crofts said they concluded at the time they needed some type of process or procedure to handle this in a more organized fashion. He referred the Regents to Rod Sundsted's November 10, 1996 memo (on file) that outlined this type of procedure, which proposed that the campuses submit to the commissioner's office by December 20, 1996, brief requests for reallocation of these funds to various projects or campuses; those requests would be reviewed by the Board at its January 1997 meeting. Shortly following the January meeting, up-to-date enrollment numbers would be available to decide the amount of money to be remanded. Dr. Crofts said at that time he would propose they spend those dollars down according to the priorities established by the Regents.

The fourth paragraph of the memo listed some examples of uses for the money. Last March, for example, the bulk of the money went to MSU--Northern for one-time transitional funding, and the smaller share of the money went to MSU--Bozeman for marginal cost considerations at the unit that generated the overage in enrollment. Additional uses the Regents might consider included the technology initiative, costs of a statewide student unit record system, deferred maintenance, and financial aid.

Following discussion, Chairman Kaze said the Board would proceed in January as outlined in Mr. Sundsted's November 10 memo.

The Board recessed at 4:30 p.m. for a meeting with faculty representatives.

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FRIDAY, NOVEMBER 22, 1996

The Board reconvened at 9:00 a.m. in the University Center Ballroom.

NEW BUSINESS

a. ITEM 93-003-R1196--Tenure for Administrators (NEW)

Interim Commissioner Crofts said this issue was discussed at the Regents' July 1996 meeting, and the Commissioner's Office was directed by the Regents to draft a policy for their review. Dr. Crofts pointed out that while the agenda item was titled "Tenure for Administrators," the policy change would not for the first time make it possible for administrators in the system to receive tenure. Instead, the change if approved would mean that administrators, through the proper consultative process, could be awarded tenure upon hire. Currently, in most cases, deans, provosts, vice-presidents, and other academic administrators typically conduct tenure reviews at the end or during the first year of service on campus. This policy would make it possible, but not required, for campuses to recommend tenure for administrators at the time of appointment. Dr. Crofts pointed out it was not tenure as an administrator, and the policy was purposely permissive so that in no case would any campus be required to give tenure to administrators upon appointment or at any time during their careers. It would be the award of a faculty rank and tenure after appropriate review with the faculty involved--but tenure only as a faculty member, not as an administrator.

Chairman Kaze said this issue had been discussed during the Regents' meeting with faculty the previous day. He said the faculty in general favored this type of approach, provided it included their input into the tenure process. Also brought up was the issue of the opportunity to grant tenure to faculty upon hire.

In response to a comment from President Malone, Interim Commissioner Crofts said if they proceeded they would review the policy manual to determine the actual limitations on awarding tenure to faculty members upon initial appointment. He thought the Regents' policy included some prohibition on awarding tenure to faculty upon hire, but the issues of recruitment were identical whether one was talking about senior faculty positions or senior administrative positions.

The Regents heard further comments on the proposed policy from President Dennison, President Malone, Chief Legal Counsel LeRoy Schramm, MSU--Bozeman Provost Joe Chapman, and UM--Missoula Provost Bob Kindrick.

Following lengthy discussion, Chairman Kaze suggested the issue be discussed further among all the parties involved before the item was placed on the action agenda at the January 1997 meeting.

b. ITEM 93-001-R1196--Appointment of Student Loan Advisory Council; Montana University System

Interim Commissioner Crofts said Arlene Hannawalt, Interim Guaranteed Student Loan Program Director, brought to their attention the inactivity of this council in recent years. ITEM 93-001-R1196 included the proposed names of individuals to serve on the council. He said the statute gave the Regents the authority to name members of the group, and they would like to see the council become active again.

Following brief discussion, Regent Thompson moved that the Board approve ITEM 93-001-R1196. The motion passed unanimously.

c. Allowable Service on Outside Governing Boards (Board approval required by Policy 750)

Chairman Kaze referred to Interim Commissioner Crofts' November 19, 1996 memo (on file) to the Board, which included requests from President Dennison, President Malone, and Montana Tech Chancellor Lindsay Norman.

Interim Commissioner Crofts said this approval of uncompensated service on governing boards of for-profit organizations was required to comply with Board Policy 750. The three requests under consideration were seeking approval for uncompensated service on for-profit boards.

In response to a question from Chairman Kaze, Presidents Dennison and Malone and Chancellor Norman said they were satisfied that serving on these boards would not put them in a position of conflict of interest.

Concerning President Malone's request that the Buttrey Board make a contribution to the MSU Foundation, Chairman Kaze said his initial reaction was that the Regents did not have the power or the authority to designate how or whether a company should make contributions to a foundation. He said that was a decision for the company and did want that viewed as a condition of President Malone's service on the Buttrey Board.

President Malone said he wanted to make it clear he was only tentatively discussing that as an option.

Following discussion, Regent Green moved that the Board approve the requests from Presidents Dennison and Malone and Chancellor Norman. The motion passed unanimously.

Chairman Kaze stressed that the Regents had approved service in accordance with existing Board Policy 750 and that no exceptions had been approved.

d. 1997 Legislative Agenda

Interim Commissioner Crofts referred to the list of legislative issues (on file) distributed by Chief Legal Counsel LeRoy Schramm. Included on the list (which excluded appropriations and long-range building issues) were the six-mill levy, student financial aid, license revocation for student loan defaulters, university system retirement plans, Rural Physician Incentive Program, high school graduate residency, student teacher supervisor payments, interest earnings, revenue bond assessment, parking fines, construction project limits, worker's compensation, statutory building fees, housekeeping items, and a tuition savings plan. The non-university system bills that would affect higher education included Montana Science and Technology Alliance, WICHE-WAMI payback, tribal college funding for non-beneficiary students, Indian culture, and a sales tax.

Interim Commissioner Crofts said none of the suggested legislation was in the form of statutory language. They simply wanted the Board's affirmation of these directions so that they could tell the legislature these items had the Regents' support. Dr. Crofts noted several additions: (1) renewal of the legislation that permits the sale and revenue from university license plates; and (2) repeal of a provision passed by the last legislature that required all independent contractors to be licensed.

Interim Commissioner Crofts reviewed the items on the list; discussion followed.

Regarding the university system legislation (excluding appropriations and long-range building issues), Regent Conroy moved that the Board agree to move in the general direction outlined in the "Legislative Issues" document. She asked that the Board be kept informed throughout the process and that two specific issues--high school graduate residency and student teacher supervisor payments--be subject to further discussion. The motion passed unanimously.

Concerning the high school graduate residency issue, Chief Counsel Schramm suggested he bring to the Regents a revision of the policy at their January 1997 meeting. If the policy were adopted, the problem would be resolved. If not, they would go ahead and request a statutory change.

Regarding the non-university system legislation, Regent Conroy moved that the Board agree to move in the general direction outlined in the "Legislative Issues" document in regard to the following: (a) Montana Science and Technology Alliance; (b) WICHE-WAMI payback; and (c) Indian culture. The motion passed unanimously.

Regent Green moved that the Commissioner's Office take whatever positive steps were necessary to make sure the WAMI program was either improved or kept at its current level. The motion passed; Regent Conroy voted against the motion.

In response to a concern expressed by Regent Green regarding tribal college funding for non-beneficiary students, Interim Commissioner Crofts said that included within the Governor's budget recommendations was a $1.4 million reduction for not funding the bill. The action taken by the interim legislative committee, however, was to include this as a separate line-item appropriation. President Joseph McDonald of Salish-Kootenai College had attended a Regents' meeting at the beginning of the last legislative session to discuss this issue with the Regents. Dr. Crofts suggested they invite President McDonald to make a similar presentation at the January 1997 meeting.

Before proceeding, Chairman Kaze stressed that the Board be kept informed on the status of all legislation.

Following a 10-minute break, the Board reconvened at 10:10 a.m.

e. Task Force to Review and Study Relationships between Montana University System and Private Foundations

Chairman Kaze said this task force was proposed as the result of a resolution passed by the Regents at their September 1996 meeting.

Interim Commissioner Crofts distributed a draft document titled "Task Force on Foundations" (on file). He said the focus was meant to deal with the relationships between elements and individuals of the university system and the various foundations. The purpose of the task force was not to study, review, or evaluate the foundations. However, it would be difficult to deal with the question of relationships without becoming involved to some degree in the role and scope and appropriate activities of the foundations. He pointed out the foundations were independent bodies that they did not control. They did have relationships with them, however, and that was what the proposed task force would study.

President Dennison said it might be appropriate to have one of the directors of the foundations serve on the task force.

Following discussion, Chairman Kaze suggested that instead of three members from the foundation boards, that could be changed to two board members and one foundation director.

Ross Best from Missoula said a major constituency was not represented in the proposed membership of the task force, which was the general public--specifically, members of the general public who were highly critical of the relationships between the universities and the foundations. Mr. Best said by omitting critics and members of the general public, the credibility of the task force was undermined.

After brief discussion, Regent Conroy moved that the task force be implemented based on the description included in the "Task Force on Foundations" document, with the change in membership from three members of board foundations to two board members and a foundation director. The motion passed unanimously.

f. Montana State University Collaborative Graduate Programs -- Michael Malone, President, Montana State University

President Malone referred to a document titled "Montana State University Colleges and Schools of Education: Collaboration Progress Report, November 1996." President Malone said what had been brought forward to that point by the three MSU four-year campuses in collaboration was a fully articulated core curriculum that involved three or four campuses, depending on which two were dealing with each other. The courses were fully articulated in the sense they were offered by a common curriculum among the three campuses and were fully transferable to one another and to Great Falls. President Malone also stressed the issue of sharing specializations. Key work had been undertaken between the Bozeman and Billings campuses at the master of education level. The Bozeman emphasis in educational administration was highly desired in the larger community of Billings, and the special education focus of the Billings program was highly desired in Bozeman. President Malone introduced Deans Ernest Rose from Montana State University--Billings and Gerald Becker from Montana State University--Northern.

Following a slide presentation and a review of the accomplishments resulting from the collaboration, Chairman Kaze thanked Deans Rose and Becker for providing the information to the Board.

In response to a question from Chairman Kaze, Regent Green said he would like to have a lengthy discussion about student services at the January 1997 meeting.

Regarding the service of administrators on outside boards, Regent Green said he thought they needed to revisit the Board's policy. He moved that the effective date of the policy be revised to February 1, 1997, so the discussion could be revisited in January. He did not think they had set out a clear line of what they thought conflict of interest was, and he felt there was a flaw in the argument that the conflict of interest was the compensation.

Chairman Kaze said there was a technical question about Board policy in regard to revisiting issues. He said Chief Counsel Schramm would check on the policy.

Regent Green agreed to table the motion until later in the meeting.

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COMMISSIONER'S REPORT

a. Two-Year Education Update

Interim Commissioner Crofts distributed a November 21, 1996 memo (on file) from Jane Karas regarding an update on two-year education. He said the group working on two-year education did not have proposals ready for action but wanted to give the Board some sense of the direction they were heading.

b. Health Plan Discussions

Interim Commissioner Crofts referred to information he had distributed previously and said no action was necessary at that time but they did want to keep the Board informed. He said he believed there was consensus for the plan within the Benefits Committee.

c. Governor's Budget

Interim Commissioner Crofts distributed and reviewed a spreadsheet (on file) prepared by the Governor's Budget Office on the Governor's budget recommendations.

In looking at the system's request and the Governor's recommendations, three major issues remained: (a) $1.6 million for agency faculty salary increases; (b) the size of the recommendation for the technology initiative; and (c) with small exceptions, the financial aid program requested by the system not being funded.

Following discussion, Dr. Crofts said they would discuss the budget in more detail at the January 1997 meeting.

d. Update on Land Board Issues

Interim Commissioner Crofts reported on recent reports that the Attorney General had been instructed by the Land Board to prepare a suit involving the three disputed land purchases and transfers at MSU--Bozeman. The issues had been before the Land Board for more than two years. They were now at a point where litigation appeared nearly inevitable, despite Governor Racicot's efforts to convince the other Land Board members they did not have the authority to do this and it was a waste of taxpayer resources for state agencies to sue each other. Dr. Crofts said they had tried to cooperate in every way possible but the issues continued. If litigation was the answer, they needed to move forward to resolve the question on the Regents' authority regarding land sales.

Chief Legal Counsel LeRoy Schramm referred to his November 15, 1996 memo to the Board that outlined the background of the three specific MSU--Bozeman transactions. He said the most troublesome thing about the litigation as presently contemplated was that while the focus was on those three disputes, it was clear from what the Attorney General said that the authority of the Regents vis-a-vis the Land Board to make land transactions at all was likely to be the primary issue. Once the legal issue of authority was decided--e.g., if the Regents did have the authority--there was a secondary set of factual questions that would take a good deal of time and expense to litigate. Chief Counsel Schramm said the authority question was the most troubling and pressing because it affected not only the three MSU--Bozeman transactions but had the potential to cloud and affect the validity of every transaction since 1972. Since the authority question was likely to be settled and decided the most quickly and because it had the broadest ramifications, he suggested the Board give him authorization to move forward to examine ways to focus initially on the authority question and try to at least expedite the litigation of that matter. He said the Board would be notified before any action was taken.

Following discussion, the Board agreed to give Chief Counsel Schramm the authorization to explore legal options to resolve the matter and asked that they be informed prior to any formal legal action being taken.

In regard to a motion previously tabled by Regent Green, Chief Counsel Schramm said that Article 12 of the Board's bylaws stated:

No question decided by a vote of the Board may be raised again, either in identical form or in a manner that raises substantially the same issue as previously decided, except under the following circumstances:

1. More than six months have passed since the last vote on the question; or

2. The question is raised by a Board member who was recorded as voting on the prevailing side on the last vote on the question.

Chairman Kaze repeated Regent Green's motion to delay the effective date of Policy 750 until February 1, 1997.

In response to a question from Regent Conroy, Chairman Kaze said they would have the opportunity to revisit the policy prior to that time if they chose to do so.

Regent Green's motion to delay the effective date of Board of Regents' Policy 750 until February 1, 1997, passed by a vote of 3 to 2; Regents Kaze and Conroy voted against the motion.

CAMPUS REPORTS

a. The University of Montana--Missoula

President Dennison announced that the implementation of the unified public television effort authorized by the Regents in 1991 had finally come to fruition. He introduced William Marcus, Director of the Broadcast Media Center on the Missoula campus, who provided the Board with a report on KUFM-TV and the collaboration between the two universities.

President Dennison expressed his thanks to Marilyn Wessel, President Malone and others at MSU--Bozeman who had helped make the project a reality.

President Dennison distributed the post-financing report on The University of Montana Facilities Improvement Revenue Bonds Series D 1996 (on file).

President Dennison also distributed and reviewed a November 1996 document titled "Two-Year Education in Western Montana: The University of Montana Implementation Plan." The report focused on findings, mission, university policy and procedural changes, organizational and programmatic changes, and finance.

b. Montana Tech of The University of Montana

Western Montana College Chancellor Sheila Stearns announced that Montana Tech was the Frontier Conference champion and would be in a playoff game the next day that could lead Tech to the national championship.

c. Helena College of Technology of The University of Montana

Dean Alex Capdeville distributed a brochure (on file) titled "Rocky Mountain Emergency Services Training Center." He said the Helena COT was in charge of the training program and provided a complete selection of classes in partnership with the Airport Authority.

Before adjourning, Chairman Kaze thanked President Dennison and his staff for hosting the Regents' meeting.

With no other business to come before the Board, the meeting adjourned at 12:45 p.m.

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