Meeting No. 890 THE MINUTES OF THE BOARD OF REGENTS

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Meeting No. 890THE MINUTES OF THE BOARD OF REGENTSOFTHE UNIVERSITY OF TEXAS SYSTEMPages 1 - 165February 8, 1996El Paso, Texas

TABLE OF CONTENTSTHE MINUTES OF THE BOARD OF REGENTSOFTHE UNIVERSITY OF TEXAS SYSTEMFEBRUARY 8, 1996EL PASO, TEXASMEETING NO. 890PageNo.I.II.III.IV.Attendance1Welcome by Dr. Diana S. Natalicio, Presidentof The University of Texas at El Paso1U. T. Board of Regents: Approval of Minutesof Regular Meeting Held on November 9, 1995,and Special Meeting Held on January 5, 19962REPORTS AND RECOMMENDATIONS OF STANDINGCOMMITTEES3A.3REPORT OF EXECUTIVE COMMITTEEU. T. SYSTEMB.Approval of Executive CommitteeLetters 96-3 Through 96-6 Viathe Chancellor's Docket Process3REPORT AND RECOMMENDATIONS OF THE BUSINESSAFFAIRS AND AUDIT COMMITTEE4U. T. SYSTEM1.2.3.4.Approval of Chancellor's DocketNo. 84 (Catalog Change)4Approval of 1997 Budget PreparationPolicies and Limitations for GeneralOperating Budgets, Auxiliary Enterprises, Contracts and Grants,Restricted Current Funds, DesignatedFunds, and Service and RevolvingFunds Activities and Calendar forBudget Operations4Authorization to Amend the Sick LeavePool Policy10Amendment of the Equipment FinancingProgram for Fiscal Year 1996 andApproval of Use of Revenue FinancingSystem Parity Debt, Receipt of Certificate, and Finding of Fact withRegard to Financial Capacity12U. T. ARLINGTON5.Authorization to Establish the OneMillion Dollar Regents' CentennialChallenge Grant and Allocationof Funds Therefori14

U. T. HEALTH SCIENCE CENTER - SAN ANTONIO6.C.Approval to Sell Approximately316.81 Acres of Land Located in KerrCounty, Texas, to Ms. Cynthia AnnCarlton, Austin, Texas, and Authorization for the Executive ViceChancellor for Business Affairs toExecute Documents Related TheretoREPORT AND RECOMMENDATIONS OF THE ACADEMICAFFAIRS COMMITTEE1416U. T. BOARD OF REGENTS1.2.Regents' Rules and Regulations, PartOne: Amendments to Chapter III, Section 16 (Leaves of Absence WithoutPay)16Proposed Amendments to the Regents'Rules and Regulations, Part One,Chapter VI, Section 6 (Use of University-Owned Facilities) and Part Two,Chapter X, Section 9 (Student UnionFacilities)(Deferred)17U. T. SYSTEM3.Authorization to Amend the Requirement that International StudentsMaintain Approved ComprehensiveHealth Insurance or Coverage Effective with the Fall Semester 1996(Catalog Changes)17U. T. PAN AMERICAN4.5.6.Approval to Establish a Master ofArts Degree in Criminal Justice andto Submit the Degree Program to theCoordinating Board for Approval(Catalog Change)18Establishment of a Master of FineArts Degree with a Major in Art andAuthorization to Submit the DegreeProgram to the Coordinating Board forApproval (Catalog Change)19Approval to Establish a Master ofScience Degree in Computer Scienceand to Submit the Program to theCoordinating Board for Approval(Catalog Change)20U. T. PERMIAN BASIN7.D.Establishment of a Master of Professional Accountancy Degree Programand Authorization to Submit theProposal to the Coordinating Boardfor Approval (Catalog Change)REPORT AND RECOMMENDATIONS OF THE HEALTHAFFAIRS COMMITTEEii2123

U. T. SOUTHWESTERN MEDICAL CENTER - DALLAS1.(U. T. Southwestern Medical School –Dallas): Establishment of (a) aDepartment of Molecular Biology andOncology and (b) a Department ofPlastic Surgery and Authorization toSubmit the Proposals to the Coordinating Board for Approval (Catalog Change)Effective September 1, 199623U. T. HEALTH SCIENCE CENTER - SAN ANTONIO2.3.E.(U. T. G.S.B.S. - San Antonio):Authorization to Establish a Department of Molecular Biomedical Sciencesand to Submit the Proposal to theCoordinating Board for Approval(Catalog Change)24(U. T. Nursing School - San Antonio):Authorization for Course Offeringsat Three Outreach Sites (U. T.Brownsville, Texas A&M InternationalUniversity in Laredo, and Texas A&MUniversity - Corpus Christi) and toSubmit the Proposals to the Coordinating Board for Approval (CatalogChange)25REPORT AND RECOMMENDATIONS OF THE FACILITIESPLANNING AND CONSTRUCTION COMMITTEE27U. T. ARLINGTON1.2.Authorization to Amend the U. T.System FY 1996-2001 Capital Improvement Program to Delete Bauder CollegeRenovation and Environmental CenterRenovation and to Add StudentServices/Registration Building27Appropriation from Revenue FinancingSystem Bond Proceeds for the CampusInformation Technology Upgrade Project and Approval of Use of RevenueFinancing System Parity Debt, Receiptof Certificate, and Finding of Factwith Regard to Financial Capacity27U. T. AUSTIN3.Acceptance of Campus Master Plan andApproval in Principle of the SevenFundamental Goals of the PlanU. T. AUSTIN4.Amendment of U. T. SystemFY 1996-2001 Capital ImprovementProgram to (a) Replace ProjectTitled Memorial Stadium Renovationswith a Project Titled MemorialStadium - Replacement of ArtificialTurf; (b) Add a Project for Renovation of West Side of MemorialStadium; (c) Add a Project foriii30

Installation of Artificial TurfPractice Field; (d) Add a Project forRenovation and Expansion ofNeuhaus/Royal Athletic Center;(e) Add a Project for Constructionof Combined Track/Soccer Stadium;(f) Add a Project to Renovate EastSide of Memorial Stadium; and (g) Adda Project To Lower Existing FootballField34U. T. TYLER5.F.Authorization to Purchase 1.7 Acresof Land and Improvements Located at3410 Varsity Drive, Tyler, SmithCounty, Texas (University PlaceRetail Center); Submission of thePurchase to the Coordinating Board;Authorization to Complete the ShelledSpace and Renovate a Portion of theProject; Appropriation Therefor;Authorization for the Executive ViceChancellor for Business Affairs toExecute Documents Related to ThisTransaction; Authorization to Amendthe U. T. System FY 1996-2001 Capital Improvement Program (CIP); andApproval for Use of Revenue FinancingSystem Parity Debt, Receipt of Certificate, and Finding of Fact withRegard to Financial CapacityREPORT AND RECOMMENDATIONS OF THE ASSETMANAGEMENT COMMITTEE1.41Long Term FundSummary Investment Report atNovember 30, 19953.40Permanent University FundSummary Investment Report atNovember 30, 19952.3742Gifts, Trusts and EstatesU. T. SYSTEM1.Summary of Gift Acceptance andRelated Administrative ActionsConforming to Board Policyfor September 1, 1995 ThroughNovember 30, 199543U. T. AUSTIN2.Acceptance of Bequest fromthe Estate of Hazel H. Ransom,Austin, Texas, to Establish theHarry Huntt Ransom Chair andEstablishment and Designationof Use of the Harry Huntt RansomGeneral Endowment Fund for theHarry Ransom Humanities ResearchCenteriv48

4.Other MattersU. T. BOARD OF REGENTSAdoption of Resolution ApprovingInvestment Management ServicesAgreement with The Universityof Texas Investment ManagementCompany (UTIMCO), Approval ofCertain Terms Precedent to theExecution of the Agreement,Approval of Related Amendmentsto the Regents' Rules and Regulations, Parts One and Two, andAuthorization for the Chairmanof the Board of Regents and theChancellor to Carry Out theTransactions Contemplated bythe ResolutionV.ITEM FOR THE RECORD49157U. T. ARLINGTONAppointment of Special Committee forthe Selection of a Chief AdministrativeOfficer (President)VI.EXECUTIVE SESSION OF THE BOARD OF REGENTS157158U. T. HEALTH SCIENCE CENTER - HOUSTON1.Settlement of Medical Liability Litigation- Ricardo Garcia, Albert Garcia, SimonGarcia, Carlos Garcia, Jose Luis Garcia,and Rose Mary Briagas158U. T. MEDICAL BRANCH - GALVESTON2.Acceptance of Gift of St. Mary's HospitalFacilities from The Sealy & Smith Foundation, Galveston, Texas, and Authorizationfor Executive Vice President of the Institution to Execute All Documents RelatedThereto158U. T. M.D. ANDERSON CANCER CENTER3.Consideration of Recommendation ofHearing Tribunal Regarding Terminationof Sewa Legha, M.D., a Tenured FacultyMember (Deferred)159U. T. ARLINGTON4.Ratification of Executive CommitteeLetter 96-9 Which Authorized theChairman of the Board to Appoint aSpecial Committee for the Selectionof a Chief Administrative Officer(President); Acceptance of the Recommendation of the Special Committee toAppoint Dr. Robert E. Witt as President; and Discharge of the SpecialCommitteev159

VII.VIII.REPORT OF BOARD FOR LEASE OF UNIVERSITY LANDS160REPORT OF SPECIAL COMMITTEES161U. T. BOARD OF REGENTSSpecial Committee on Minorities andWomen: Report by Committee ChairmanHolmesIX.OTHER MATTERS161163U. T. SYSTEMAnnual Report on the Activities of theFaculty Advisory CouncilX.XI.163SCHEDULED MEETING165ADJOURNMENT165vi

MEETING NO. 890THURSDAY, FEBRUARY 8, 1996.--The members of the Board ofRegents of The University of Texas System convened in regular session at 10:00 a.m. on Thursday, February 8, 1996, inRoom 308 of the Geological Sciences Building at The University of Texas at El Paso, El Paso, Texas, with the followingin attendance:ATTENDANCE.-PresentChairman Rapoport, presidingVice-Chairman SmileyRegent DeilyRegent EvansRegent HolmesRegent LoefflerRegent TempleAbsent*Vice-Chairman Hicks**Regent LebermannExecutive Secretary DillyChancellor CunninghamExecutive Vice Chancellor DuncanExecutive Vice Chancellor MullinsExecutive Vice Chancellor BurckChairman Rapoport announced a quorum present and called themeeting to order.RECESS TO EXECUTIVE AND BRIEFING SESSIONS.--Chairman Rapoportannounced that the Board would recess to convene an ExecutiveSession and briefing session pursuant to Texas GovernmentCode, Chapter 551, Sections 551.071, 551.072, and 551.074 toconsider those matters listed on the Executive Session agenda.RECONVENE.--At 1:50 p.m., the Board reconvened in open sessionin Room 310 of the Geological Sciences Building.WELCOME BY DR. DIANA S. NATALICIO, PRESIDENT OF THE UNIVERSITYOF TEXAS AT EL PASO.--Chairman Rapoport stated that the Boardwas pleased to be meeting at The University of Texas atEl Paso and was especially delighted to have had the opportunity to meet with many El Paso friends and supporters at lastevening's (February 7) very nice social event. He then calledon Dr. Diana S. Natalicio, President of U. T. El Paso, for anywelcoming remarks on behalf of the host institution.On behalf of the faculty, staff, and students of U. T.El Paso, President Natalicio welcomed the members of the Boardand other guests to the campus.*Vice-Chairman Hicks was excused because of a previous commitment.**Regent Lebermann was excused due to a death in his family.

U. T. BOARD OF REGENTS: APPROVAL OF MINUTES OF REGULAR MEETING HELD ON NOVEMBER 9, 1995, AND SPECIAL MEETING HELD ONJANUARY 5, 1996.--Upon motion of Regent Evans, seconded byVice-Chairman Smiley, the Minutes of the regular meeting ofthe Board of Regents of The University of Texas System heldon November 9, 1995, in Arlington, Texas, were approved asdistributed by the Executive Secretary. The official copyof these Minutes is recorded in the Permanent Minutes,Volume XLIII, Pages 1 - 688.Upon motion of Vice-Chairman Smiley, seconded by Regent Evans,the Minutes of the special meeting of the Board of Regents ofThe University of Texas System held on January 5, 1996, inAustin, Texas, were approved as distributed by the ExecutiveSecretary. The official copy of these Minutes is recordedin the Permanent Minutes, Volume XLIII, Pages 689 - 698.RECESS FOR COMMITTEE MEETINGS AND COMMITTEE REPORTS TO THEBOARD.--At 1:55 p.m., the Board recessed for the meetingsof the Standing Committees, and Chairman Rapoport announcedthat at the conclusion of each committee meeting the Boardwould reconvene to approve the report and recommendationsof that committee.The meetings of the Standing Committees were conducted inopen session and the reports and recommendations thereofare set forth on the following pages.2

REPORTS AND RECOMMENDATIONS OF STANDING COMMITTEESREPORT OF EXECUTIVE COMMITTEE (Page 3 ).--In compliance withSection 7.14 of Chapter I of Part One of the Regents' Rulesand Regulations, Chairman Rapoport reported that there were noactions by the Executive Committee since the last meeting forratification and approval by the U. T. Board of Regents exceptfor Executive Committee Letters 96-3 through 96-6 as notedbelow:U. T. System: Approval of Executive Committee Letters 96-3Through 96-6 Via the Chancellor's Docket Process.--ChairmanRapoport noted that in keeping with approved proceduresExecutive Committee Letters 96-3 through 96-6, which hadbeen distributed since the November 1995 meeting of theBoard and which had received the prior approval of theExecutive Committee, now appear in the U. T. System Administration Docket on Pages ECL 1 - 6 and would be consideredfor approval or ratification on the agenda of the BusinessAffairs and Audit Committee as set out on Page 4 .3

REPORT AND RECOMMENDATIONS OF THE BUSINESS AFFAIRS AND AUDITCOMMITTEE (Pages 4 - 15).--Committee Chairman Smiley reportedthat the Business Affairs and Audit Committee had met in opensession to consider those matters on its agenda and toformulate recommendations for the U. T. Board of Regents.Unless otherwise indicated, the actions set forth in theMinute Orders which follow were recommended by the BusinessAffairs and Audit Committee and approved in open session andwithout objection by the U. T. Board of Regents:1.U. T. System: Approval of Chancellor's Docket No. 84(Catalog Change).--Upon recommendation of the BusinessAffairs and Audit Committee, the Board approved Chancellor's Docket No. 84 in the form distributed by theExecutive Secretary. It is attached following Page 165in the official copies of the Minutes and is made a partof the record of this meeting.It was expressly authorized that any contracts or otherdocuments or instruments approved therein had been orshall be executed by the appropriate officials of therespective institution involved.It was ordered that any item included in the Docket thatnormally is published in the institutional catalog bereflected in the next appropriate catalog published bythe respective institution.To avoid any appearance of a possible conflict of interest, Regent Deily was recorded as abstaining from anyvote on Item 1 on Page A - 34 of The University of Texasat Austin Docket related to a contract with HoustonLighting & Power Company.2.U. T. System: Approval of 1997 Budget PreparationPolicies and Limitations for General Operating Budgets,Auxiliary Enterprises, Contracts and Grants, RestrictedCurrent Funds, Designated Funds, and Service andRevolving Funds Activities and Calendar for BudgetOperations.--The Board, upon recommendation of theBusiness Affairs and Audit Committee, adopted thefollowing Budget Preparation Policies and Limitations andCalendar for preparation of the 1997 Operating Budgetsfor The University of Texas System:U. T. System 1997 Budget Preparation PoliciesGeneral Guidelines - The regulations and directivesincluded in the General Appropriations Act serve as thebasis for these guidelines and policies. In preparingthe draft of the 1997 Operating Budget, the ChiefAdministrative Officer of each component institutionshould adhere to guidelines and policies as detailedbelow. Overall budget totals, including reasonablereserves, must be limited to the funds available for theyear from General Revenue Appropriations, Estimates ofEducational and General Income, and limited use ofinstitutional unappropriated balances.4

Salary Guidelines - Recommendations regarding salarypolicy are subject to the following directives of theGeneral Appropriations Act.Article IX, Section 30.tional by Fund.Salaries to be Propor-It is the intent of the Legislature that unlessotherwise restricted payment for salaries,wages, and benefits paid from appropriatedfunds, including local funds and educationaland general funds as defined in V.T.C.A.,Education Code, Sec. 51.009 (a) and (c), shallbe proportional to the source of funds.1.Merit Increases - Subject to availableresources and resolution of any major salaryinequities, institutions should give priority to implementing merit salary increases forfaculty and staff, keeping in mind the1996-1997 biennium goal of at least an average5% merit salary increase for faculty and staff.Merit increases or advances in rank for facultyare to be on the basis of teachingeffectiveness, research, and public service.Merit increases or promotions for administrative and professional staff and classifiedstaff are to be based on evaluation of performance in areas appropriate to work assignments.To be eligible for a merit increase, classifiedstaff must have been employed by theinstitution for at least six months as ofAugust 31, 1996.2.Other Increases - Equity adjustments, competitive offers, and increases to accomplishcontractual commitments may also be granted inthis budget and should also considermerit where appropriate, subject to availableresources. Such increases should be noted andexplained in the supplemental data accompanyingthe budget.3.New Positions - New administrative and professional, classified staff and faculty positionsare to be requested only when justified by workloads or to meet needs for developing newprograms.4.It is the expectation that FiscalYear 1997 increases for merit, equity, orother increases be included in theOperating Budget.5

Staff Benefits Guidelines - Recommendations regardingemployee staff benefits are subject to the followingdirectives included in the General Appropriations Act.1.Staff Group Insurance Premiums - The GeneralRevenue contribution for staff group insurancepremiums for higher education is included inArticle III, pages III-30 through III-34 of theGeneral Appropriations Act. For each full-timeactive and retired employee enrolled foreligible coverage, the 1997 State'scontribution rate is as follows:EmployeeEmployeeEmployeeEmployeeOnly Categoryand Spouse Categoryand Children Categoryand Family Category 186.31 292.13 257.16 362.98Funds appropriated for higher educationemployees' group insurance contributions maynot be used for any other purpose. To budgetthese funds, a "Transfer from Employees GroupInsurance Contribution" should be reflected asa General Revenue item in the "Method ofFinancing" section of the operating budgetsummary. Employee group insurance premiums foremployees paid from Educational and GeneralIncome are included in each institution'sappropriation for "Educational and GeneralState Support."In addition, active and retired employees areauthorized to use one-half of the "employeeonly" state contribution for optional insuranceprovided that they have health insurancecoverage from another source.2.Teacher Retirement Program - State contributionat 6.0% of payroll is included in the fundsappropriated to the Teacher Retirement Systemto match members' contributions.3.Optional Retirement Program - The state contribution rate for employees who are on thepayroll as of August 31, 1995 is 7.31% ofpayroll. (State matching contributions of 6.0%of payroll is included in the fundsappropriated to the Teacher RetirementSystem and 1.31% of payroll is includedin funds appropriated to The University ofTexas System.) For employees who are onthe payroll as of August 31, 1995, institutionsare authorized to use local funds or othersources of funds to supplement the GeneralRevenue Fund appropriations in order to providean employer contribution of 8.5% of payroll.6

The Optional Retirement Program contributionrate for employees who are hired on or afterSeptember 1, 1995 is the same contribution asfor members of the Teacher Retirement System,or 6.0% of payroll for Fiscal Year 1997.Institutions must notify all newly hiredemployees that the contribution rate for theOptional Retirement Program may fluctuate overtime.4.Other Employee Benefits - Employer contributions to the self-insured Unemployment Compensation Fund is .68 per 100 of the first 9,000 of salary paid per employee. Workers'Compensation Insurance rates have been experience rated for each component.Other Operating Expenses Guidelines - Increases inMaintenance, Operation, Equipment, and Travel are tobe justified by expanded work loads, for developing newprograms, or for correcting past deferrals or deficiencies.Budget Reduct

ment Program to Delete Bauder College Renovation and Environmental Center Renovation and to Add Student Services/Registration Building 27 2. Appropriation from Revenue Financing System Bond Proceeds for the Campus Information Technology Upgrade Proj-ect and Approva