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Minutes -- Feb. 25, 2002 -- Board of Trustees -- University of Louisville

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MINUTES OF THE BOARD OF TRUSTEES OF THE
UNIVERSITY OF LOUISVILLE

In Open Session
The regular meeting of the Board of Trustees of the University of Louisville met on Monday, April 22, 2002, at 12 Noon in Ballrooms A&B of the University Club, Belknap Campus, with members present and absent as follows:

Present: Ms. Jessica Loving, Chair
Mrs. Marie K. Abrams
Mr. Ulysses L. Bridgeman, Jr., Treasurer
Mr. Carlton Brown
Ms. Linda Wallbaum Cauble
Mr. Kevin D. Cogan
Dr. Richard C. Feldhoff
Mr. Owsley B. Frazier
Mr. Nathaniel E. Green
Mr. Grant M. Helman
Mr. Milton M. Livingston
Mr. William P. Mulloy, Sr.
Mr. Darryl T. Owens
Mr. J. Chester Porter
Mrs. Joyce Hagen Schifano
Ms. Melissa Long Shuter
Mrs. Sandra Metts Snowden
Mrs. Elizabeth H. Worland
Mrs. Mary A. Yarmuth
Absent: Mrs. Martha Annette Schnatter
From the University:
Dr. John W. Shumaker, President
Dr. Carol Garrison, Provost
Dr. Denise D. Gifford, Vice President for Student Affairs
Dr. Joel A. Kaplan, Vice President for Health Affairs
Dr. Nancy C. Martin, Vice President for Research
Mr. Ronald L. Moore, Vice President for Information & Technology
Mr. Larry L. Owsley, Vice President for Finance & Administration
Dr. Gene Gilchrist, Vice President for New Ventures
Ms. Angela Koshewa, University Counsel
Dr. Van Zyl, Associate Dean, Kent School of Social Work
Ms. Rae Goldsmith, Associate V. P. for University Relations
Ms. Terri Rutledge, Assistant Vice President, Finance Administration
Dr. Ruth Huber, Kent School of Social Work
Mr. David F. Barker, Director of Internal Audit
Mr. Michael J. Curtin, Director, Planning and Budget
Dr. Shirley Willihnganz, Professor, College of Arts and Sciences
Ms. Susan I. Howarth, Assistant Director, Planning & Budget
Ms. Carolyn Cochran, Office of the Provost
Mr. John Drees, Director, News and Public Information
Ms. Trisha Wolf, Board Liaison, President's Office
Ms. Debbie Dougherty, Board Liaison, President's Office
Ms. Kathleen M. Smith, Assistant Secretary, Board of Trustees

I. CALL TO ORDER

Having determined a quorum present, Chair Loving called the meeting to order at 12:30 p.m.

II. Consent Agenda

  • Minutes from Board Meeting, 2/25/02
  • Minutes from Special Board Meeting, 3/11/02
  • Minutes from Executive Committee Meeting, 3/18/02
  • Candidates for Degrees and Certificates in May 2002

Chair Loving read the roll of consent agenda items. Mr. Bridgeman made a motion which Ms. Schifano seconded, to approve the consent agenda items. The motion passed.

III. Alumni Fellows Award for 2002

President Shumaker noted the award is the most prestigious given by the Alumni Association; it is bestowed upon select alumni, who, as leaders in their fields, are nominated by an academic unit. Upon being named, the President invites each Alumni Fellow to return to campus and share his or her expertise with students, faculty, and staff. President Shumaker recommended the following slate of nominees. Ms. Snowden made a motion, which Ms. Abrams seconded, to approve the

The President's recommendation that the Board of Trustees approve the nominees for Alumni Fellows Award for 2002 as recommended by the Alumni Association:

Mr. Jerry Dennis College of Arts and Sciences
Mr. Gerald L. Nichols College of Business & Public Administration
Dr. Ernest M. Ellison School of Dentistry
Dr. Robert E. Gates, Jr. College of Education and Human Development
Mrs. Helen Cloud Austin Kent School of Social Work
Mr. Owsley Brown Frazier Brandeis School of Law
Dr. Raymond L. Woosley, Jr. School of Medicine
Mr. Richard E. Nunemaker School of Music
Mr. Henry P. Conn Speed Scientific School

The motion passed.

IV. Report of the Committees

  • Presidential Search Committee

    Mr. Porter, co-chair of the Presidential Search Committee provided the following report. The Presidential Search Committee met on April 15, 2002. Mr. George Fischer, Co-chair of the 1994 search committee briefed the 2002 Presidential Search Committee regarding the earlier committee's process. Mr. Fischer stressed the importance of confidentiality, even to the point of recommending that the 2002 committee sign confidentiality statements along with the non-committee members of the Board if they participate in the search proceedings. Mr. Fischer also said that open and frequent communication among the committee members was a crucial tactic, and he strongly advised Co-chairs Bridgeman and Porter to encourage direct communication.

    The Committee received a presentation from The Oliver Group, and listened to Mr. Al Oliver describe the services he would provide the committee "pro bono." He offered to work with the Committee to facilitate its focus on the expectations it has for a president. The Committee was receptive to Mr. Oliver's presentation and agreed to work with him as appropriate.

    The Committee listened to Mr. Kennedy Helm, of Stites & Harbison, outline the legal requirements of Kentucky's Open Meetings Act, and received information that all meetings of the 2002 Presidential Search Committee are subject to the open meetings restrictions. The Committee also agreed that non-member trustees could participate in the executive sessions of the Search Committee meetings but would not be allowed to vote. This is the current practice for all other committees of the board.

    With the addition of Malcolm Chancey, Chair of the UofL Foundation, to the Search Committee, the committee members unanimously requested that Jessica Loving, Chair of the Board of Trustees, join the search committee as a voting member. Ms. Loving agreed to serve. Further, the Committee supported the procedure of allowing the constituency representatives to continue on the search committee if their respective constituencies approved of their continuation.

    The Search Committee selected A.T. Kearney, Korn Ferry, and Heidrick & Struggles as the three finalists for interview. The Committee will interview the search firm representatives on Monday, May 20, 2002.

    Mr. Bridgeman will serve as the Committee's spokesperson with the media, and Ms. Rae Goldsmith, UofL's spokesperson, will assist as needed. The Committee members agreed that only these two individuals would talk publicly about the committee's process.

  • Trustees Award Committee

    Chair Darryl Owens made the following report. The Trustees Award Committee, comprised of Marie Abrams, Carlton Brown, Linda Cauble, Rick Feldhoff, Bill Mulloy, Melissa Shuter, Beth Worland, Dale Billingsley, Joanne Rowe and Darryl Owens as Chair, met on March 25, 2002 to review the applications for the 2002 Trustees Award. This year's pool of applicants was outstanding, and the Committee had a difficult time making its selection. Before announcing its recommendation, on behalf of the Committee, Chair Owens shared information about the candidate.

    The nominee is a full professor in Kent School where she directs the doctoral program in social work in partnership with the University of Kentucky. Her students are her first priority. She weaves a tapestry of opportunities and situations that lead to success for the students enrolled in the doctoral program. Her research and service activities always lead to advantages for her students.

    Her teaching evaluations average 4.8 on a 5.0 scale, which shows the respect the students have for her investment in them. Alumni consistently remark and remember her as the one who inspired them to achieve. She helps her students obtain research support and funding for assistantships while in the program, and encourages them to participate in conferences, publish in peer-reviewed journals, and practice in the community.

    In addition to her commitment to her students, she still has time to support the college with service responsibilities. She serves on the Faculty Senate and its Executive, Academic Programs, and Planning & Budget Committees, the University Planning and Advisory Committee, the President's Awards Committees, the Human Studies Committee B, the Graduate Council, and the Decanal Review Committee. At all times, she uses these committee contacts to garner opportunities for her doctoral students.

    Since coming to our city, she has worked with Hospice and Palliative Care of Louisville. Two years ago, she received the prestigious award given by the Caritas Foundation as Community Leader of the Year. She donated the award prize, $1,500, to Hospice. Our nominee serves as Vice President of the Board of Directors of the Louisville Coalition for the Homeless, and developed a doctoral assistantship with the Coalition to support a student in the doctoral program.

    Trustee Owens recommended Dr. Ruth Huber for the 2002 Trustees Award. Ms. Snowden seconded, and the motion passed. Dr. Huber thanked the Board for bestowing this honor on her. The Trustees gave Dr. Huber a round of applause. Dr. Huber will receive the award at the May commencement ceremony.

  • Academic & Student Affairs Committee

    Trustee Livingston reported the Academic and Student Affairs Committee met on March 11, 2002 and received a briefing on the University's efforts to promote better understanding and respect for diversity. Dr. Shumaker informed the Committee that UofL, for the second straight year, has achieve all of the diversity goals established for it by the Council on Postsecondary Education. UofL was the only state university to accomplish this record since Gordon Davies and the CPE revised the state universities' goals.

    The Committee received a report from Dr. Mordean Taylor-Archer, Vice Provost for Diversity and Equal Opportunity. Because the OCR mandate on Kentucky places a special emphasis on goals affecting African Americans, Dr. Taylor-Archer revised the institution's goals for the recruitment of African American faculty, and the retention of African American faculty, staff, and administrators. She has also focused on the graduation and retention rates of African American students, as well as preparation of these students for graduate and professional education.

    The Committee appreciated receiving the extensive briefing by Dr. Taylor-Archer about diversity initiatives, including an update on events since the TKE incident. Committee members welcomed her comprehensive approach to responding to situations of perceived racial intolerance. Dr. Taylor-Archer will co-chair with Dr. Blaine Hudson a task force to update the University's Diversity Plan. Also, she reported that Vice President Owsley had agreed to appoint a student advisory board to work with the Department of Public Safety in an effort to improve perceptions among African American students regarding Public Safety operations.

    Dr. Shumaker acknowledged Dr. Nancy Martin's receipt of the 2002 University of Kentucky Libraries Medallion for Intellectual Achievement.

    Dr. Robert L. Taylor, Dean of the College of Business and Public Administration presented a proposal to establish a Center for Military Recruitment Studies that would receive its funding from federal appropriations for military recruitment. After listening to his presentation regarding the formation of the Center, the Committee adopted the

    President's Recommendation that the Board of Trustees approve the creation of the Center for Military Recruitment Studies with a Director assigned by and reporting to the Dean of the College of Business and Public Administration.

    On behalf of his committee, Mr. Livingston moved the Board's adoption of this recommendation. Ms. Abrams seconded the motion. The motion passed.

    Drs. Kaplan, Clover, and McKinney gave an update on the formation of the School of Public Health and discussed the creation of the Institute for Public Health Research. The Institute would encourage research affiliation with programs in urban studies, health law and policy, environmental health, science, law and policy, as well as other areas. Funding for the institute would come primarily from state and federal grant support, internal reallocation, and School of Medicine resources. After listening to the presentation from the health scientists, the Committee adopted the

    President's recommendation that the Board of Trustees approve the creation of the Institute for Public Health Research with a Director assigned by and reporting to the Dean of the School of Medicine.

    On behalf of his committee, Mr. Livingston moved the Board's adoption of this recommendation. Mr. Green seconded the motion. The motion passed.

  • Finance Committee

    Before Chair Schifano could make her report, Trustee Brown advised that over 700 students signed a form protesting the student athletic fee. He noted administrators did not consult with the university population and students. Students were at this meeting to show their opposition to the fee. President Shumaker withdrew his recommendation for the fee and asked the Board to allow him to pursue further consultation. Chair Loving assured the students and faculty that the Board would look at this fee carefully and include student, faculty and staff in a subsequent review. Trustee Frazier noted that the fee proposal did not come from the Athletics Department. Dr. Shumaker assured the students that a committee with faculty, staff and student representation will review this issue and report back to the Board of Trustees on May 20. Ms. Schifano made a motion, which Mr. Green seconded, to table the student athletic fee recommendation. The motion passed. Ms. Abrams thanked the students for coming to the meeting but shared her hope that no one misconstrue the action of the Board in tabling the recommendation; she stated the Board had a great deal of discomfort in raising funds in this manner but the Board would do what it had to do. President Shumaker remarked the Finance Committee's vote 3-1 indicated reluctance in regarding the recommendation. He reported the Finance Committee respected student concerns and wished to proceed with further analysis.

    Chair Schifano then finished her report for the Finance Committee, which met on March 13, 2002 and Friday, April 19, 2002. At the March 13th meeting, committee members received a CFO briefing from Vice President Larry Owsley and a report on the 2002-03 budget preparation from Mike Curtin, Director of Planning and Budget. As part of his briefing, Vice President Owsley reported on:

    • UofL's Endowment Investment Process and Performance
    • An overview of the UofL Research Foundation as an affiliated corporation
    • An update on the financial aspects of the UofL Research Compliance Program
    • Information on the Louisville Medical Center, Inc. bond issue
    • An update on phase II of University Housing
    • The status of QCCT payments

    Mr. Owsley offered to make this briefing a regular item for the Committee if the current procedure of meetings on separate days remains the Board's practice.

    Chair Schifano noted that Mr. Curtin brought the Finance Committee up-to-date on the process of building the 2002-03 operating budget. He reviewed with the Committee the assumptions made to adjust to the 2% budget cut, which translated roughly to $3 million. In addition, the state's budget policy of no new funds for next year only compounded the situation. Together, these actions will impact the University's budget by constraining $6 million in resources. Mr. Curtin reported that he had worked with faculty and staff through their respective senate leaderships to develop strategies to deal with salary issues, ranging from no salary increases to one-time merit payments. Mr. Curtin said he would be prepared for the Committee to review the 2002-03 Operating Budget proposal in May if it wanted to take action then.

    Ms. Schifano reported the Finance Committee approved the following actions:

    Dr. Brian Huot, Professor of English, explained to the Committee that the Department had devised a method to review students' portfolio that was substantially less expensive to students who now used the College Level Examination Program (CLEP). UofL's procedure offered students a better opportunity for them to test out and earn credit for English 101 and 102. After listening to Dr. Huot and Dr. Garrison, the committee adopted the

    President's recommendation that the Board of Trustees approve a fee of $30.00, effective immediately, for an English Portfolio Assessment as a replacement for the current fee of $66 for the CLEP examination.

    On behalf of her committee, Ms. Schifano moved the Board's adoption of this recommendation. Ms. Yarmuth seconded the motion. The motion passed.

    Drs. Kaplan and Weigman, accompanied by Patrick Klapheke, President of the Medical School Senate, presented two proposals to increase fees in the Schools of Medicine and Dentistry. The dental instrument fee will recover costs associated with providing instruments, supplies, infection control materials, and course manuals/instruction supplements for the preclinical and clinical dental students and for dental hygiene students. The fee, initiated in 1989 and increased in 1997, will offset the increasing costs for these materials. The proposal phased the $700 fee over the next four years for the dentistry program, and segregated it so that the Dental Student Council and administration could monitor closely. After listening to the representatives from the Health Sciences Center, the committee adopted the

    President's recommendation to increase the Dental Instrument Fee according to the schedule in the attachment.

    On behalf of her committee, Ms. Schifano moved the Board's adoption of this recommendation. Mr. Porter seconded the motion. The motion passed.

    Vice President Kaplan updated the Committee about the changing nature of medical instruction and the use of technology to enhance student learning. He described the Patient Simulation Center where all levels of students practice clinical skills on computerized life-like patient mannequins. Additionally, all students work with PDA's to maintain currency and communication. The School uses the PDA as an educational aid in its curriculum. Committee members expressed enthusiasm for the Vice President's offer of a tour of the simulator. After listening to Dr. Kaplan's presentation, the committee adopted the

    President's recommendation to approve a $500 annual School of Medicine technology fee, effective with the class entering in July, 2002.

    On behalf of her committee, Ms. Schifano moved the Board's adoption of this recommendation.

    On April 19, 2002, Dr. Kaplan showed committee members how the simulator provides instruction regarding techniques used for patient examination and medical history. He expressed his strong appreciation to the Committee for recommending the increased fees to the full board on April 22, 2002. Although Dr. Feldhoff supported the fee, he asked administration to clarify its intent regarding the action the Board approved previously that "bundled" fees and tuition to achieve a single less complex rate for attending UofL. Both Dr. Kaplan and President Shumaker noted the intent from the outset was that professional schools were different from undergraduate programs and would not be restricted to the bundling strategy. Because the professional schools are significantly behind their benchmarks on tuition rates, the medical and dental schools expressed reservations about compliance with the 7% cap. Trustee Shuter acknowledged the pressures on the schools to increase fees in lieu of tuition, but stated that the recent action of the Finance Committee seemed to contradict the Board's previous policy. Although the transcript of that discussion alluded to the notion that the professional schools could be influenced more severely by emergent factors, President Shumaker conceded the ambiguity. He asked staff to develop a resolution that clarified the Board's past action and noted the need for flexibility in the professional schools to modify tuition and fees beyond the 7% cap. The University's original intent was to focus predominately upon the undergraduate program. Ms. Worland made a motion, which Mr. Green seconded, to approve the Resolution Regarding Constraints on Professional Schools' Tuition

    WHEREAS, the Board of Trustees on April 23, 2001 approved a proposal to "bundle" tuition and fees into a single rate to allow parents and prospective, as well as current, students project their costs of college;

    WHEREAS, the "bundled" tuition rate targeted the costs associated with the undergraduate degree programs and the seven (7) percent (%) cap offered parents and students a formula to predict better their annual costs;

    WHEREAS, the action and official record did not differentiate the programs in the professional schools, i.e., Medicine, Dentistry, and Law, from those in the undergraduate and graduate schools as different;

    WHEREAS, the dialogue and discussion from that meeting and subsequent to that meeting have identified that the professional schools request release from the Board's policy of April 23, 2001;

    WHEREAS, the Schools of Medicine and Dentistry have substantial need to maintain currency of instructional techniques and practices, and meet the rising costs of their investments in technological advances, instrumentation, and life-long learning skills;

    WHEREAS, these Schools need the flexibility of adjusting fee schedules to control their subsidies of student instruction and technological innovation;

    NOW THEREFORE BE IT RESOLVED, that the Board of Trustees exempts the professional schools from the restrictions of its policies established on April 23, 2001; and

    BE IT FURTHER RESOLVED, that the Board of Trustees recognizes appropriate fee increases, after thorough consultation with the respective student groups, may be necessary from time to time to insure the technologies used for teaching and evaluation of students remain competitive with the leaders in the academic fields.

    The Committee adopted the

    President's recommendation to establish a new bank account at Republic Bank and Trust Company, Louisville, KY titled, University of Louisville Accounts Payable Disbursing.

    On behalf of her committee, Ms. Schifano moved the Board's adoption of this recommendation. Mr. Frazier seconded the motion, Ms. Snowden abstained. The motion passed.

  • Personnel Committee

    Chair Cauble reported the Personnel Committee met on April 22 at the University Club. At this meeting, the Committee received background information about new faculty appointments from Dr. Laura Schweitzer, Associate Vice President for Health Affairs. Provost Garrison also provided an overview of the proposed personnel actions and administrator appointments. On behalf of the Personnel Committee, Ms. Cauble moved that the personnel recommendations be adopted. Ms. Snowden seconded the motion to approve the

    President's recommendation that the Board of Trustees approve the monthly personnel recommendations (copy attached).

    The motion passed.

    Ms. Cauble then reported that Provost Garrison reviewed the recommended personnel documents of the academic units. Approval of these documents would provide consistency among the academic units. On behalf of the Personnel Committee, Chair Cauble moved the adoption of the personnel documents. Ms. Shuter seconded the motion to approve the

    The President recommendation that the Board of Trustees approve the Bylaws of the School of Music (Exhibit A) and the revised personnel documents of the College of Arts and Sciences (Exhibit B), the Brandeis School of Law and Law Library (Exhibit C), the College of Business and Public Administration (Exhibit D), the College of Education and Human Development (Exhibit E), the Kent School of Social Work (Exhibit F), and the University Libraries (Exhibit G); and

    that the Board of Trustees approve, pending further revision of certain passages as specified in the "Background" of this motion, the revised personnel documents of the School of Dentistry (Exhibit H), the School of Medicine (Exhibit I), the School of Nursing (Exhibit J), and the Speed Scientific School (Exhibit K); and

    that the Board of Trustees delegate to the President the authority to approve the final revision of the personnel documents of the School of Dentistry, the School of Medicine, the School of Nursing, and the Speed Scientific School when those documents are presented and confirmed as in accordance with the REDBOOK and the Minimum Guidelines

    Ms. Cauble reported that Dr. Billingsley had shared the following background:

    Under the requirements of The Redbook and the Minimum Guidelines, the academic units have been revising their promotion and tenure requirements and their guidelines for annual and periodic career reviews as stated in unit personnel documents. These personnel documents are subject to the Board's review and approval.

    Under the provisions of The Redbook, Chapter 4, Article 6, the Faculty Senate has confirmed that the revised personnel documents of the College of Arts and Sciences, the Brandeis School of Law and Law Library, the College of Business and Human Development, the College of Education and Public Administration, the Kent School of Social Work, the School of Music, and the University Libraries are in accord with the requirements of The Redbook and the Minimum Guidelines.

    The University Counsel and the University Provost have reviewed these documents and concur that they conform to university policy.

    The Faculty Senate has also reviewed the unit documents of the School of Dentistry, School of Medicine, the School of Nursing, and the Speed Scientific School and has advised the Schools of certain passages that must be revised to conform to university policy, namely:

    • In the School of Dentistry personnel document, all statements concerning provisions for dental practice outside the practice plan (e.g., Article 3, preamble, para. 2., and Section 3, para. 1) are reserved, pending further discussion with the Provost and University Counsel.
    • In the School of Medicine personnel document, confirmation of Section II.K.11.b is reserved until the School has made unit-wide provision for the selection of extramural evaluators of research or creative activity in promotion and tenure actions. The Dean is working with the faculty to compose provisions adequate to cover the diverse circumstances of the various departments.
    • In the School of Nursing personnel document, confirmation is reserved until the document provides procedures for evaluation and promotion (if so provided in the unit document) of term faculty; definition of the kinds of validation required for annual review; explicit procedural statements for the review of promotion, tenure and periodic career review. The Dean and the faculty expect to complete the revisions necessary on these points before the end of this academic year.
    • In the Speed Scientific School personnel document, confirmation is reserved until the document contradictions in the process of periodic career review; specifies "a specific process, outside of the formal grievance procedure, to reconsider the performance evaluation and/or salary decision" (Minimum Guidelines III.B.4.f.); and clarifies the process and levels of performance evaluation in annual reviews. The Dean and the faculty expect to complete the revisions necessary on these points before the end of this academic year.

    Because the changes required for confirmation by the Faculty Senate are expected to be met by completion of work in the unit faculties, the President recommends approval of these personnel documents as exhibited, pending the changes noted above as soon as possible. The President further seeks delegation of authority from the Board (under The Redbook, Chapter 4, Article 6, Section 3) to approve these changes when the documents submitted meet the conditions for confirmation.

    The motion passed.

    Chair Cauble reported that Vice President Owsley reviewed the amendment to bereavement policy and definition of immediate family. She noted the purpose of this amendment is to provide consistent application of the policy. She informed the Board that both Faculty and Staff senates support the changes. On behalf of the Personnel Committee, Ms. Cauble moved the adoption of the bereavement leave policy amendment and definition of immediately family. Ms. Abrams seconded the motion to approve

    the President's recommendation that the Board of Trustees amend the University of Louisville Staff Policies and Procedures by adding the following new language (shown in bold face) and deleting the language in [brackets]:

    Per-4.07-1 Bereavement Leave

    The University recognizes the need for employees to be away from work upon the death of an immediate family member. An employee upon request, shall be granted [up to] three days of administrative leave with pay upon the death of an employee's immediate family. [to attend the funeral and/or make funeral arrangements.] (See Appendix 1-B for definition of immediate family). If more than three days absence is necessary, other arrangements may be made by using personal days, compensatory time, annual leave and/or leave without pay.

    Appendix 1-B Immediate Family Definition

    Biological, foster or adoptive parent, a stepparent, spouse, a biological, adoptive or foster child, a step child, a legal ward or a person for whom the employee has (or had during the person's youth) daily responsibility and financial support, [mother, father], brother, sister, [son, daughter, husband, wife,] mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparents and grandchildren of both the employee and spouse.

    The motion passed.

    Chair Cauble reported that Provost Garrison and Dr. Dale Billingsley reviewed the mediation policy with the Committee. In the interest of addressing employee complaints promptly and effectively and to prevent their escalation into grievances, the President and the Provost, together with the deans and the Faculty and Staff Senates propose an informal, voluntary mediation process, managed from the Office of the President and using the services of an impartial, experienced outside mediator where necessary. This service is intended to reduce the severity of complaints by prompt action and to reduce time lost to the rigors of the grievance process. On behalf of the Committee, Ms. Cauble moved the adoption of the mediation policy. Mr. Porter seconded the motion to approve the

    the President's recommendation that the Board of Trustees approve, subject to review and modification at the end of two years, the "Mediation Policy and Procedure.".

    Chair Cauble reported that during the Personnel Committee Provost Garrison announced the appointment of the new acting provost, Dr. Shirley Willihnganz. Dr. Willihnganz received a round of applause. Dr. Willihnganz said she was both pleased and honored to have this opportunity and acknowledged the talented and committed academic leaders across campus, noting exciting developments underway at the University.

    Ms. Cauble said she found the dialogue with the Personnel Committee and the Provost and deans to be very useful to the committee and expressed her pleasure in keeping the same format, allowing the Committee ample time to delve into matters.

V. BOARD OPERATIONS AND COMMITTEE STRUCTURE:

Chair Loving stated that when the Board scheduled committee meetings on days separate from the regular Board meetings, it agreed to evaluate the experience after a trial of a couple months. Mr. Livingston expressed his strong feelings that each Board member has a fiduciary responsibility to be involved and informed and this new schedule did not work for him, noting his inconvenience of an eight-hour drive to attend a one hour committee meeting. He cited his preference to attend meetings personally rather than via teleconference. Ms. Cauble noted she liked the idea of returning to committee meetings on the same day and recommended that each committee set aside ample time for meetings to allow more time for discussion. Ms. Snowden stated her conflict with the existing UMC finance committee meeting scheduled on the fourth Monday every other month at 10:00 a.m. Mr. Livingston made a motion that the Board return to its previous schedule of alternating committee and full board meetings on the fourth Monday each month. Ms. Worland seconded the motion. The motion passed. Chair Loving asked staff to distribute an updated calendar for the year.

VI. OTHER BUSINESS

Mr. Green recommended the formation of a committee to review the Board of Trustee bylaws. Chair Loving agreed that periodic review of the bylaws is appropriate and will appoint a committee, which will include Mr. Green and requested University Counsel and staff support the committee. Ms. Worland seconded the motion. The motion passed with Ms. Abrams, voting against the motion, noting her preference to wait until a new president is on board.

VII. EXECUTIVE SESSION

Ms. Cauble made a motion, which Ms. Snowden seconded, to go into executive session to discuss the semi-annual litigation report.

VIII. OPEN SESSION RECONVENES

Chair Loving reported that the Board discussed the semi-annual litigation report in Executive Session.

IX. OTHER BUSINESS

Dr. Feldhoff made the following motion, which Ms. Shuter seconded, to approve the Minerva Award Nomination for President John Shumaker:

On behalf of the Faculty and Staff Senate Leadership that has served with Dr. Shumaker since 1995, we propose to honor him with the Board's Minerva Award of Merit. The Minerva Award was last given in 1996.

The motion passed. President Shumaker expressed his appreciation to the Board for this unique honor.

X. REPORT OF THE PRESIDENT

President Shumaker thanked Carlton Brown on this occasion of his last meeting. Ms. Abrams made a motion, which Mr. Green seconded, to approve the following resolution:

WHEREAS, Carlton J. Brown served the University of Louisville faithfully, energetically, and effectively as a student member of the Board of Trustees;

WHEREAS, in his capacity as a member of the Board, he distinguished himself as a hard-working and cooperative participant in a wide range of board activities, winning the respect and affection of his fellow trustees;

WHEREAS, he served as the vice chair of the Academic and Student Affairs Committee, as well as a member of standing committees of the Board, including the 2001-02 Trustees Award Committee;

WHEREAS, he served diligently and capably as a member of the Boards of Directors of the University of Louisville Athletic Association, Inc. and the University of Louisville Research Foundation, Inc.;

WHEREAS, he provided insight through his service on university-wide committees, including the university-wide budget and policy advisory committee and the tuition setting work group;

WHEREAS, he is widely regarded by his university colleagues as a staunch advocate for the welfare of the university's students and has very ably and forcefully expressed the views of students to the University Administration and the Board of Trustees;

NOW THEREFORE BE IT RESOLVED, that the Board of Trustees of the University hereby expresses its sincere admiration and deep appreciation to Mr. Carlton J. Brown for his outstanding performance as a member of the Board of Trustees from April 2001 to May 2002; and

BE IT FURTHER RESOLVED, that a copy of this Resolution, appropriately signed, be presented to Mr. Brown.

The motion passed.

XI. OTHER BUSINESS

There was no other business.

XII. ADJOURNMENT

Mr. Green made a motion, which Ms. Abrams seconded, to adjourn the meeting at 2:38 p.m.

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