June 24, 1994
The Board of Regents of WSU met, pursuant to call, in Open Meeting at 8:40 a.m., on Friday, June 24, 1994, in Bauer Hall at WSU Vancouver.
Present: Richard A. Davis, President; Regents: Richard R. Albrecht, R. M. “Mac” Crow, Phyllis J. Campbell, John W. Ellis, Scott B. Lukins, Carmen Otero, Louis H. Pepper, and William R. Wiley; President Samuel H. Smith, Provost Thomas F. George, Vice President for Business Affairs Sallie A. Giffen, University Counsel Sally P. Savage, Assistant Attorney General Diane McDaniel, Faculty Senate Vice Chair Douglas Baker, Staff Senate President Tori Byington, Alumni Association Vice President Jim Miller, GPSA President Oliver Bangera, and ASWSU President Jim Froembling.
Also present were: Executive Director of Budget and Planning Gregory P. Royer, Vice Provost for Academic Affairs Geoffrey L. Gamble, Vice Provost for Student Affairs K. J. “Gus” Kravas, Vice Provost for Human Relations and Resources Ernestine Madison, Vice Provost for Research and Dean of the Graduate School Robert V. Smith, Associate Vice President for University Advancement Connie Kravas, Assistant Vice President for Business Service Ernest Renfro, Facilities Development Planning Manager Earl Muir, and Associate Director of News and Information Al Ruddy.
1. Welcoming Remarks. Regent Dick Davis welcomed everyone to the meeting and provided brief comments about the groundbreaking ceremony to take place during the noon hour for the new WSU Vancouver campus at the Salmon Creek site.
President Smith also welcomed the following individuals to the Regents’ table: Faculty Senate Vice Chair Doug Baker, ASWSU President Jim Froembling, and Alumni Association Vice President Jim Miller.
Campus Dean Hal Dengerink provided introductory remarks and welcomed everyone to WSU Vancouver. He mentioned that since the groundbreaking for the new campus was near, the Regents would likely be visiting new facilities at their next meeting in Vancouver. He stated he appreciated the support shown by the Regents by visiting WSU Vancouver and by participating in the WSU Vancouver groundbreaking ceremonies to take place later in the day. Dr. Dengerink also introduced Associate Dean Joe Cote.
2. Minutes. It was moved and seconded that the Board of Regents approve the minutes of May 6, 1994. Carried.
3. Granting of Degrees. It was moved and seconded that the WSU Board of Regents approve the recommendation of the faculty that the candidates whose names
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appear in Exhibit A be advanced to the degrees set above their names as members of the Class of May 7, 1994. Carried.
4. Reports from University Groups. Faculty Senate Vice Chair Doug Baker reported on the state of the faculty at WSU. He provided some comments about the difficulties of a negative budgetary environment and cuts effected in the last year, as well as future financial conditions. He stated that the budget problems are coming during a competitive global environment where success is based upon having an educated population, meaning higher education must be funded. He said the faculty is aware of this fact and is frustrated by it. He talked about what the faculty is doing to combat this, such as communicating with the governor, his staff, and various legislators, developing closer links between faculty and the legislators, setting up data bases to better publicize the positive things occurring in higher education, and soliciting information to state constituents. He said the faculty looks forward to working with the Regents and administrators in the upcoming months.
Regent Campbell commented that the business community, in general, is looking at the same issues. She said there is a link between economic development and the future of the state and higher education.
GPSA President Oliver Bangera provided an update to the issues and accomplishments concerning GPSA last year, such as the issuance of copy cards, loans, and office space for graduate students. He also provided comments with regard to the graduate student insurance package and some needed improvements in that area. He discussed the first issue of the graduate student journal on international studies to be produced at WSU this summer, which will be publishing articles from students all over the country.
ASWSU President Jim Froembling provided comments on the following current ASWSU activities: the Alive Program/new student orientation; upcoming conferences to take place between himself and each of the associated student presidents from the five state institutions this summer; and forums between the students and administration to take place this fall to continue the dialogue on diversity issues. Mr. Froembling thanked the Regents for having him at the Regents’ table.
Staff Senate President Tori Byington provided remarks on union organization and what this means to the staff senate; echoed many of the comments made by Doug Baker on the budget; and also provided closing remarks as her final time meeting with the Board. Ms. Byington said it has been a privilege to serve the staff at WSU and to serve the University.
Regent Campbell expressed appreciation for Ms. Byington’s service on behalf of the Board.
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Alumni Association Vice President Jim Miller stated that Alumni Association President Tom Thompson sent his regrets for not being able to be present in Vancouver but that he would be joining the Regents for their Board meeting in August. Mr. Miller provided comments about the recent graduation ceremonies; alumni leadership awards; and their agenda for the upcoming year. He said diversity and the development of local regions/directors, and the development of the young alumni program were among their top priorities. He also provided comments with regard to various local alumni events taking place over the summer.
5. Provost’s Report. Provost Tom George provided comments on diversity issues. He briefly described recent events, including the student demonstrations in April, extended discussions with students, staff, faculty, and friends, and the administration’s involvement in this issue. He provided a progress report and specifically commented on WSU’s commitment to hire 10 faculty of color. He stated positions have been identified and that $100,000 of enhancement funds have been provided to use, as necessary. He said a dedication of permanent base level funds has also been made. He emphasized that this is beyond the normal allotments used to hire faculty and that efforts in this area are coming along very well, as WSU is well past the halfway point in hiring faculty of color. Provost George stated we must be proactive in these issues and we must keep an open dialogue and work together to accomplish our goals. Provost George asked Vice Provost for Human Relations and Resources Ernestine Madison to provide additional comments.
Dr. Madison commented that a draft racial harassment policy has been circulated throughout the campus community. She said this has been published in WSU Week requesting input from members of the community. She said hopefully the results of this document can be shown at the next Board meeting.
Dr. Madison also reported on the Diversity Advisory Committee appointed by President Smith and Provost George. She said this committee will first discuss the issues that have occurred and what to expect over the next few months. She said this group will serve in an advisory capacity to the President and the Provost in the area of diversity issues in order to view what is happening on campus and at the national level. She said they will share an updated plan with the Regents at the next meeting. Dr. Madison suggested a book to the Regents called Making Diversity Happen – Controversial Solutions. She said it comes from the Center for Creative Leadership and covers what diversity means to organizations, how the commitment to diversity should be developed, diversity practices, etc. She said it also discusses some of the dangers and pitfalls of implementing a diversity plan. Dr. Madison said she would make this available to the Regents by the next Board meeting.
Regent Davis said the Regents have an ongoing commitment to diversity and that they have expressed this in a variety of ways. He said one way they are showing
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this commitment is through the development of a Regents’ subcommittee in the area of diversity, consisting of Regents Phyllis Campbell, Mac Crow, and Bill Wiley. He said this subcommittee will work with President and the Provost in their efforts in this area.
6. Higher Education Coordinating Board. Provost Tom George reported that the HEC Board met on June 17 and that there were several degree programs on the agenda. He said the entry level Pharm.D. and the Master of Nursing for family practitioners were also approved. He said much time was spent discussing the issue of faculty workload.
7. Revisions to the 1992 Faculty Manual. It was moved and seconded that the Regents approve the following revisions to the 1992 Faculty Manual: Section III, Administration and Organization, Chairs of Academic Departments, Nomination on page 17 of the manual; and, Section IV, Faculty Personnel Policies, Retirement, Retirement Age on page 65 of the manual. Carried.
See Exhibit B for copies of the revisions to the manual
There was a discussion on a third item concerning annual review and salary increases. Provost George said there was a desire on the part of some deans that during a period when no salary increases are available, they might conduct annual reviews every three years at the deans’ level, rather than every year. It has been suggested that perhaps reviews could take place at the chairs’ level on a yearly basis. There were several reasons for this suggestion. It is felt that in the very large colleges with several hundred faculty, it is not always possible to pay enough attention or to provide a high-quality review at the deans’ level. Not only are deans conducting annual reviews, but they must also, at the same time, do third-year and promotion and tenure reviews. Provost George said it is the deans’ wish to concentrate on the faculty more personally and that in order to do this, they would like to stagger the reviews. They felt it important, though, that the review still be conducted annually at the chairs’ level.
The Regents expressed several concerns about this practice. They felt the function of a review should definitely focus on more than just salary issues. It should be used as a tool for feedback on performance. The Regents asked for comments from Faculty Senate Vice Chair Doug Baker, who said the faculty and deans also felt that the annual review is important for a variety of reasons, including the issue of faculty development and receiving feedback on performance. He said also it would be bad public relations not to give a review unless there is money involved. He said the issue involves policy and the fact that it is too difficult for a dean to be thorough enough to do an annual review of every faculty every year.
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Regent Ellis asked that if there were salary increases in the next biennium, if the policy would then change back. Provost George responded they would go back and do annual reviews at the deans’ level then, if that occurred. The Regents felt it was odd to have a policy that shifts whether there is money available or not and that this did not make sense. The Regents were not as concerned about at what level the faculty were reviewed as they were about the change in policy based upon availability of money.
The item concerning a change in the annual review policies was not carried by the Regents. It was decided to review this policy again and bring it before the Regents at their next meeting in August.
8. Revision to the Washington State University Policy on Reconfiguration of Units. It was moved and seconded that, effective immediately, the WSU Board of Regents approve the revisions to the Washington State University Policy on Reconfiguration of Units as appears in Exhibit C and delegate authority to the President for future changes to this policy with the understanding that the Regents will approve all future decisions regarding reconfiguration under the policy. Carried.
It was clarified that this document has had many slight changes and that it will continue to have these small changes; however, this policy will be presented for action before the Board where large revisions are requested.
9. Emergency Rules Implementing Academic Integrity Standards and Procedures. Vice Provost for Student Affairs Gus Kravas provided background on the implementation of this policy stating that academic dishonesty is a problem facing colleges and universities throughout the nation and that the document entitled “Academic Integrity Standards and Procedures” defines academic dishonesty and provides a mechanism by which to discourage and address academic dishonesty at Washington State University. He said the rule-making process for the adoption of permanent rules prevents Washington State University from adopting the standards and procedures in time for the coming fall semester and that adoption of emergency rules will allow WSU to implement them on a temporary basis while the University completes the permanent rule-making process.
It was moved and seconded that the WSU Board of Regents approve, through adoption of the Resolution appearing in Exhibit D, the implementation of emergency rules establishing the “Academic Integrity Standards and Procedures,” which also appears in Exhibit D. Carried.
10. Associated Students of Washington State University Tri-Cities Constitution. It was moved and seconded that, effective immediately, the WSU Board
June 24, 1994
of Regents approve the “Associated Students of Washington State University Tri-Cities Constitution.” Carried.
11. 1995-97 Biennial Operating Budget Request and 1995-97 Capital Budget Request. Provost Tom George told the Regents that the 1995-97 budget requests will be sent to the Office of Financial Management (OFM) in August. He said that the Governor has asked for a plan from each institution that will include a strategy for a 5 percent budget reduction and for a 10 percent budget reduction. He said WSU is in the process of planning now for both those scenarios. He said the reduction for the next biennium will most likely be 2.4 percent. Provost George provided a summary of the operating budget request, which is provided in Exhibit E. He specifically mentioned that WSU is not putting a dollar amount on salary increases and that these will be determined by the legislature. He explained that the decision packages are focused on enrollments, salary increases, and certain programs, such as diversity, that are important to WSU.
Regent Dick Davis stated that by focusing on other issues rather than salary increases, it raised the level of credibility of the budget request, since the increases in salary are to be set by the legislature.
There was some discussion about the reaction of the other institutions on the Governor’s request for a 5 or 10 percent cut and how the Office of Financial Management does not want generalities when speaking about these. The Regents expressed their concern over the effects that are felt by the people at the various institutions when there is talk about such large cuts and that they felt this was a waste of energy and emotion to go through this exercise.
Tom stated that the reconfiguration committee is focusing on two agendas: 1) the long-term agenda on saving money; and 2) how to come up with real reductions within the next year. He also said it is difficult to know what to ask the University community to prepare for. He said we were criticized in the last biennium for not taking their request seriously enough and that OFM said they would like something with substance.
Vice President for Business Affairs Sallie Giffen provided information and comments regarding the Capital Budget request. She said the total request is for $138 million for the Pullman campus, including requests for six new construction projects. Ms. Giffen provided explanation on the equipment omnibus appropriation, which she said is a project designed to meet many needs. She said this approach helps to recognize that we may need new equipment, even if we do not need to renovate a new building. Ms. Giffen went on to highlight a few of the projects, including highlights of the branch campus projects.
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Regent Lukins asked if the Classroom/Auditoria Instruction Building is a replacement of classroom space and if this means we will not move ahead with the University Center. Ms. Giffen responded that this is correct, and President Smith added that the classroom space is badly needed and that we are leaving the option open of the development of the University Center.
It was moved and seconded that the Board of Regents approve the recommended 1995-97 Biennial Operating Budget Request and the 1995-97 Capital Budget Request to be submitted to the Office of Financial Management (OFM) in accordance with its procedures, and that the Board delegate authority to the President of the University to approve minor changes or adjustments that may need to be made before the submission is finalized for presentation to OFM. Carried.
12. Report by the Vice President for Business Affairs. Vice President for Business Affairs Sallie Giffen reported that bids have been received for the construction of the WSU Vancouver campus and that out of the seven, six came in under the architects’ estimates. Ms. Giffen introduced Mr. Earl Muir, Facilities Development Planning Manager, who she said spent a great deal of time and effort in the development of the new WSU Vancouver campus.
13. Contracts under Previous Delegation of Authority (under $500,000). Vice President for Business Affairs Sallie Giffen reported that on the authority delegated to the President of the University or his designee at the meeting of January 24, 1986, she had approved entering the following contracts:
Grinnell Fire Protection Systems Co., Spokane for the Physical Science Fire Protection project, for a total project cost of $363,594.03, including alternates and sales tax, to be paid from Minor Capital Renewal funds.
Cascade Fire Protection Co., for the Johnson Tower Fire Protection Improvement, for a total project cost of $230,550.95, including alternates and sales tax, to be paid from Minor Capital Renewal funds.
Hamre Construction, Spokane, for the Power Plant Ash Receiver/Dustless Unloader, for a total project cost of $215,000, including sales tax, to be paid from Minor Capital Renewal funds.
TKTM (Tectum) Corporation, Spokane, for the Eastlick Plaza Repair project, for a total project cost of $180,533.35, including sales tax, to be paid from Minor Capital Renewal funds.
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McCullough Bros., Aberdeen, for the Chief Joseph/Valley Crest Exterior Painting project, for a total project cost of $126,072, including sales tax, to be paid from Residence Life and Housing funds.
McCullough Bros., Aberdeen, for the Stimson/Waller Exterior Painting project, for a total project cost of $93,847.50, including sales tax, to be paid from Residence Life and Housing funds.
Cascade Fire Protection, Pasco, for Fire Protection Improvements for Pullman Memorial Hospital and Student Health Center, for a total project cost of $75,071.55, including sales tax, to be paid from Student Facilities Fees and Pullman Memorial Hospital funds.
Inland Coating, Pullman, for the Tri-East Interior Painting Project for a total project cost of $46,579.30, including sales tax and alternates, to be paid from Minor Capital Renewal funds.
14. Contract under Previous Delegation of Authority (over $500,000). Vice President for Business Affairs Sallie Giffen reported that on the authority delegated to the President or his designee, the Vice President for Business Affairs, by the Board of Regents at its meeting of January 17, 1992, she had approved entering into contract with Patriot Fire Protection, Inc., Spokane, for life safety improvements for the Gannon and Goldsworthy and the Streit and Perham Residence Halls on the WSU campus in Pullman, in the amount of $1,430,957.67, including sales tax, contingency funds, and other costs, to be paid from Residence Life and Housing funds.
15. Selection of Design Consultants for the Plant Growth Facility. Vice President for Business Affairs Sallie Giffen reported that on the authority delegated to the President or his designee, the Vice President for Business Affairs, by the Board of Regents at the May 6, 1994, meeting, she had approved the selection of Tan, Boyle, Heyamoto Architects, Spokane, to provide consulting services for the Plant Growth Facility.
16. Completion of Contracts (over $2,500). It was moved and seconded by the Board of Regents, for purposes of RCW Chapter 60.28 and 39.08, the satisfactory completion of the following contracts:
Intermountain Electric, Spokane, for the Smith Gym Electric Renewal Phase II on the WSU campus in Pullman, in the final amount of $217,932.05, including sales tax and change orders, to be paid from Minor Capital Improvement funds.
June 24, 1994
Tektoniks Corporation, Walla Walla, for the Beef Cattle Manure Solids Separator Building on the WSU campus in Pullman, in the final amount of $170,270, including sales tax and change orders, to be paid from Minor Capital Improvement funds.
Patriot Fire Protection, Inc., Spokane, for the Eastlick Hall Fire Protection System on the WSU campus in Pullman, in the final amount of $131,698.81, including sales tax and change orders, to be paid from Minor Capital Improvements and Minor Capital Renewal funds.
Cargile Construction, Inc., Spokane, for the Veteran’s Memorial Plaza on the WSU campus in Pullman, in the final amount of $123,544.09, including sales tax and change orders, to be paid from Minor Capital Improvements and Foundation funds.
Art’s Electric/dba Palouse Country Electric, Moscow, ID, for the Wegner Hall-Install Fume Hoods on the WSU campus in Pullman, in the final amount of $97,948.21, including alternates 1 and 2, sales tax and change orders, to be paid from Minor Capital Improvements and Minor Capital Renewal funds.
17. WSU Comprehensive Physical Plan. It was moved that seconded that the Board of Regents approve the 1994 Comprehensive Physical Plan. Carried.
18. WSU Vancouver Phase I Campus Development — Approval of Consultant Selection. It was moved and seconded that the Board of Regents approve the selection of Heery International, Inc., Portland, OR, to provide consulting services for project management and construction administration for the WSU Vancouver Phase I Campus Development project. Carried.
19. Intercollegiate Center for Nursing Education (ICNE) – Yakima. Vice President for Business Affairs Sallie Giffen presented schematic materials on the Yakima Valley Community College campus demonstrating the site plan for the facility and providing details about this facility, which will provide space for offices, a WHETS classroom and a general purpose classroom, laboratories, seminar rooms, lounge area for faculty/staff, conference room, reserve and reference room, and spaces for mechanical, electrical and communications equipment.
It was moved and seconded that the Board of Regents approve schematic design documents and delegate authority to the President or his designee, the Vice President
June 24, 1994
for Business Affairs, to proceed with design development and construction documents for the Intercollegiate Center for Nursing Education (ICNE) – Yakima. Carried.
20. Thompson Hall Renewal. Vice President for Business Affairs Sallie Giffen said Thompson Hall is in great need of interior and exterior renovation. She provided details about the remodel of the facility and said also, that this building in on the National Historical Register.
It was moved and seconded that the Board of Regents approve the schematic design documents and delegate authority to the President or his designee, the Vice President for Business Affairs, to proceed with design development and construction documents for Thompson Hall Renewal. Carried.
21. Contract Completion Authority. It was moved and seconded that the Board of Regents delegate to the President or his designee, the Vice President for Business Affairs, Contract Completion Authority to approve final completion and accept public works projects for purposes of RCW 60.28 et seq. and RCW 39.08 et seq. Carried.
22. University Housing Apartment Project. It was moved and seconded that the Board of Regents delegate authority to the President or his designee, the Vice President for Business Affairs, to approve the selection of the Design/Build Team and to award a contract for the University Housing Project. Carried.
23. Communications Infrastructure Renewal (CIR) Project-Acquisition Operation Contract. It was moved and seconded that the Board of Regents delegate authority to the President or his designee, the Vice President for Business Affairs, to enter into an Acquisition Operational Contract with Johnson Controls Network Integration Services (JCNIS) under the Strategic Partnership Agreement for acquisition services as required to implement the completed design for the communications Infrastructure Renewal (CIR) Project. Carried.
24. Fulmer Hall – Fulmer Annex Renovation Chemical Waste Collection Site. Vice President for Business Affairs Sallie Giffen presented overhead projections of the Fulmer Hall renovation project and explained that this renovation is the final phase of a series of additions and remodels to what is a four-building complex: Fulmer Hall, Fulmer Annex, the Synthesis Building, and the Vibration-Free Building. She said the scope of the project includes the remodel and upgrade of Fulmer Hall and Fulmer Annex.
It was moved and seconded that the Board of Regents delegate authority to the President or his designee, the Vice President for Business Affairs, to approve construction documents, advertise for bids and to award a construction contract for
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the Fulmer Hall- Fulmer Annex Renovation and Chemical Waste Collection Site as a combined project, if a budget can be established within the funds available. Carried.
25. Delegation of Authority to Negotiate and Executive Interlocal Cooperation Act Agreements. It was moved and seconded that the Board of Regents, through the adoption of the resolution set forth in Exhibit F, delegate authority to the President or his designee, the Vice President for Business Affairs, to negotiate and executive agreements with other units of government pursuant to the Interlocal Cooperation Act (RCW 39.234), within the limits established in the delegation pertaining to general contracting authority dated January 24, 1986. Carried.
26. Annual Greater WSU Fund Allocation. It was moved and seconded that the Board of Regents allocate $70,000 to the Greater WSU Fund for the 1994-95 fiscal year and delegate authority to the President of the University to expend said sum, plus any earned interest, for the purpose for which this fund was originally intended, as established by the Resolution adopted February 16, 1968, which created the fund. Carried.
27. WSU Foundation Gift Report for May 1994. Associate Vice President for University Advancement Connie Kravas reported that the year-to-date total in donations and private grants had reached $32,660,337 and that the year-to-date total number of donors was 53,950.
28. Request for State Attorney General to Provide Defense for University Employees. Assistant Attorney General Diane McDaniel reported on three cases that she brought before the Regents for their action. She reported that the complaint in the case of Chambers vs. WSU, et al., Whitman County Superior Court No. 94-2-00080-1, names Harold A. Dengerink, Campus Dean of WSU Vancouver, Rom J. Markin, Dean of the College of Business and Economics, and Samuel H. Smith, Washington State University President as defendants; that the complaint in the case of Schadel vs. State of Washington, Pierce County Superior Court No. 94-20-5042-2, names Andrew I. Bary, an Agricultural Research Technologist at WSU in Puyallup, and his spouse, “Jane Doe” Bary, as defendants; and that the complaint in the case of Messina vs. Chen, Whitman County Superior Court No. 94-2-0073-8 names John Chen, a former graduate assistant at WSU, and his spouse, “Jane Doe” Chen, as defendants. She reported that this exposes the above individuals to a theoretical risk of personal liability and that it is necessary for the Board of Regents to adopt resolutions to provide for their defenses. She said she has discussed the factual background of these cases with the defendants, and she is of the opinion that their activities with regard to the allegations of the complaints were within the scope of their authority and were undertaken in good faith.
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It was moved and seconded that the Board of Regents adopt the Resolutions set forth in Exhibit G, finding that the above named defendants were acting within the scope of their authority and in good faith with regard to conduct alleged by the plaintiffs to be wrongful, and requesting the attorney general to defend them in the cases brought by Terry Chambers in Whitman County Superior Court, J. Steven and Susan Schadel in Pierce County Superior Court, and Elaine and Phillip Messina in Whitman County Superior Court. Carried.
29. Executive Session. Regent Richard Davis announced that the Board would convene in Executive Session after lunch to discuss personnel matters, and that the Board would take no action as a result of this session.
The meeting adjourned at 10:30 a.m.
At 11:45 a.m., the Regents traveled to the Salmon Creek site of the new WSU Vancouver campus for a groundbreaking ceremony. The Regents attended the ceremony and lunch and returned to WSU Vancouver for their executive session.