Board of Trustees > Meeting Archives > January 14, 2005 Minutes

The Florida State University Board of Trustees Meeting
Research Foundation Building
January 14, 2005
1:30 PM – 4:00 PM


Members Present:Dr. Valliere Auzenne, Mr. Jarrett Eady, Mr. David Ford, Dr. Jessie Furlow, Mr. Manny Garcia, Mr. Andy Haggard, Mr. Harold Knowles, Dr. Stanley Marshall, Mr. Jim Smith, and Mr. John Thrasher. Mr. Derrick Brooks, Mrs. June Duda, and Dr. Ann McGee participated by conference call.

Members Absent: none

1. Call to Order and Welcome

Chairman John E. Thrasher convened the meeting of the Florida State University Board of Trustees at the Research Foundation Building in Tallahassee, Florida, at 1:30 p.m., January 14, 2005. The following members were present: Dr. Valliere Auzenne, Mr. Jarrett Eady, Mr. David Ford, Dr. Jessie Furlow, Mr. Manny Garcia, Mr. Andy Haggard, Mr. Harold Knowles, Dr. Stanley Marshall, Mr. Jim Smith, and Mr. John Thrasher. Mr. Derrick Brooks, Mrs. June Duda, and Dr. Ann McGee participated by conference call.

Chairman Thrasher welcomed everyone to the meeting. Trustee Marshall made a motion to suspend the Board of Trustees' Operating Procedure Section 203(b) to take up the items listed on the agenda and any supplemental materials passed out today. Trustee Smith seconded the motion, which passed unanimously.

Chairman Thrasher made several comments. First, he congratulated Dr. Wetherell and Mrs. Wetherell for being named Philanthropists of the Year by the Big Bend Chapter of the Association of Fundraising Professionals. Second, he announced that Seven Days of Opening Nights would be held February 9th - 26th. Third, Chairman Thrasher indicated that those individuals wishing to address the chiropractic issue should complete a card available in the lobby. Finally, he thanked the Board on behalf of Jean and the rest of his family for the naming of the Medical School building.

2. Approval of Minutes

Trustee Marshall made a motion to approve the minutes of November 4, 2004. Trustee Smith seconded the motion, which passed unanimously.

3. Comments-Faculty Senate

Dr. Marilyn Young made a brief presentation of behalf of the Faculty Senate. She thanked the Board for continuing support of the principles on which all universities are founded. She said that in a few weeks the Board would be asked to affirm the University's decisions on tenure, which is the ultimate guarantor of the topic to be addressed today: academic freedom. Academic freedom is the life-blood of the modern university. "It is the right to teach, learn, study, and publish free of orthodoxy or threat of reprisal and discrimination. It includes the right to criticize the university and the right to participate in its governance." It also entails the responsibility to conduct research honestly, to report findings accurately, and to teach in a balanced manner; it requires that criticism be informed and fair; and it relies on the willingness of faculty and students to contribute to the governance process through service.

Dr. Young said that the concept of academic freedom is recognized in the FSU Constitution:

It is the policy of the University to maintain and encourage full freedom within the law, of inquiry, discourse, teaching, research, and publication, and to protect any member of the academic staff against influences from within or without the University, which would restrict him or her in the exercise of this freedom in his or her area of scholarly interest.

And it is recognized in the Faculty Handbook:

The university is a place of both ascent and dissent and is committed to academic freedom and civil dialogue. In a free and vigorous academic community, an ongoing clash of ideas is to be expected and encouraged.

According to Students for Academic Freedom, "Academic freedom and intellectual diversity are values indispensable to the American university… [and are] most likely to thrive in an environment… that protects and fosters independence of thought and speech."

Dr. Young indicated that in Sweezy v. New Hampshire (1957) the Supreme Court of the United States observed that the "essentiality of freedom in the community of American universities [was] almost self-evident." Ten years later in their 1967 decision in Keyishian v. the Board of Regents of the University of the State of New York, the Supreme Court noted, "Our nation is deeply committed to safeguarding academic freedom, [a] transcendent value to all of us and not merely to the teachers concerned."

Dr. Young said that the court is correct. Academic freedom protects not only the individual professor in the pursuit of his or her intellectual interests. The protection and dissemination of inquiry includes students as well. From the first official statement on academic freedom developed the by AAUP in 1940, it has been recognized that intellectual independence entails the rights of students to explore knowledge-and to dissent.

She said that most people assume that academic freedom applies only to individuals, whether faculty or students. But there is institutional academic freedom as well, protecting universities from interference by government. In this manifestation, the right applies to the community of scholars, rather than to individuals. Institutional academic freedom reserves to the university [represented by faculty governance as well as by the administration], such matters as selection of faculty and students, and issues of curriculum. This aspect of the concept finds its clearest expression in Regents of the University of California v. Baake, where the Supreme Court opined, "academic freedom means that the university can determine for itself on academic grounds: 1. who may teach, 2. what may be taught, 3. how it shall be taught, and 4. who may be admitted to study."

Dr. Young concluded by saying that academic freedom, an ancient concept in its modern form, recognized the vagaries and realities of public universities in particular. Its precepts are designed to protect all of us, not only in our roles as students, scholars, and teachers, but also as officers of the larger community of intellectuals dedicated to advancing this great institution.

4. Comments-Student Government Association

Christopher Schoonover, the SGA Vice-President, made a short presentation to the Board. He said that the FSU Student Government Association is raising funds for the hurricane relief fund and have raised about $10,000. Mr. Schoonover said they are also raising funds for the Tsunami relief with some students from FAMU and TCC. He thanked the Board for ongoing support of student government.

5. Consent Items:

Trustee Duda made a motion to approve the consent items. Trustee Furlow seconded the motion, which passed unanimously. The following items were approved in this motion:

1. Renaming of Colleges and Schools
From School of Social Work to College of Social Work
From School of Information Studies to College of Information
From the School of Music to the College of Music
2. Repeal of Rules
Rule 6C2-4.061 (Travel)
Rule 6C2-6.005 (Use of Animal or Human Beings
In Research)
3. Approval of SGA's Statutes & Amendments
4. Approval of the Research Foundation's Bylaws

6. University Relations Update

Ms. Lee Hinkle, Vice President for University Relations provided an update of activities including FSU Foundation gifts received to date, Seven Days of Opening Nights, work on a University logo, matching gifts legislation, and other promotional accomplishments.

7. Committee Reports

Academic Affairs Committee

President Wetherell explained the importance of academic freedom and asked the Board to reaffirm its support of academic freedom at Florida State University. Trustee Haggard made a motion to reaffirm the Statement of Academic Freedom. Trustee Smith seconded the motion, which passed unanimously.

Dr. Dianne Harrison provided an update on the Southern Association of Colleges and Schools (SACS) accreditation efforts. She reported that SACS has officially reaffirmed the accreditation status of Florida State University for 10 years. The Board recognized and thanked members who where part of the University's core SACS team and presented plaques.

Ms. Joyce Ingram provided and update on union activities. She said that progress continues to be made with the bargaining units. The UFF negotiation for faculty and the development of research school is 50% complete. Future meetings are scheduled with units to continue the negotiation process. The goal is to reach agreement on all of the collective bargaining agreements, making sure that the needs of the university are balanced with the needs of the employees.

Student Affairs Committee

Dr. Mary Coburn, Vice President for Student Affairs, provide an update on student activities. She said the Student Affairs Committee met at the Thagard Student Health Center and saw the services that are being provided to students. They are in the same facility that was built in 1966 serving 15,000 students, now serving 38,000 students. The committee was able to see the triage units in former closets and students sitting on top of each other in the waiting room, so we made some progress there in helping the Board members see some of the current student needs. Dr. Coburn referred to a handout that summarizes the residence hall program of renovation and refurbishing over the last ten years. The oldest residence hall was built in 1907, Bryan Hall, and beginning in the early 1990's there was a planned effort to renovate all of the historical halls and to build new halls to meet the needs of students. Finally, she indicated that the students are involved in many efforts to benefit the tsunami victims and there will be a benefit at the Duke basketball game on January 22nd.

Finance and Business Committee

Campus Master Plan and Development Agreement with the City of Tallahassee

Mr. John Carnaghi, Senior Vice President for Finance and Administration, introduced Mark Bertolami to discuss the campus master plan. Mr. Bertolami explained that the University's master plan is required by Florida statute. Several years ago the Florida legislature passed legislation that recognized the unique relationship between universities and local government in which those campuses are located. The legislation went on to describe what is in a campus master plan, it described the review and adoption process, and it described the requirements for executing what's known as a development agreement with the local governments. He said that the master plan is two big volumes. The first volume is supporting data and it describes the existing conditions on the campus, the facts, the analysis, and requirements that are necessary. The second volume includes the goals, objectives, and policies. What is in a master plan? There are required considerations that must be given for the University that range from land use, housing, conservation, capital improvements, and also allows for optional elements. The University has decided to address all of the elements in the plan because they are all important to the operation of the university. The plan itself covers the time period through approximately the year 2012. It was developed with the active participation of students, faculty, and staff. It covers just the two University land holdings in Tallahassee and the Panama City branch campus. Mr. Bertolami introduced Mr. Mike Managan, the Senior Vice President for 3D International, to specifically discuss the details of those sites.

Mr. Managan reviewed the Campus Master Plan for Tallahassee and Panama City. He discussed the challenges of developing the plan and that await the University as growth occurs. The campus concept is based around the idea of a pedestrian environment.

Mr. Bertolami explained the process that the Campus Master plan underwent prior to presentation to the Board. He said that public hearings were conducted and the draft plan was distributed to state agencies and local governments in Tallahassee and Panama City. They were given 90 days to review the plans and to provide comments. The comments were evaluated and where necessary changes were made.

A companion task in the process is to renegotiate a development agreement with City of Tallahassee and the City of Panama City. Now what is a development agreement? In order to continue with the next version of the plan, a development agreement is a means by which a University can mitigate the impacts of their growth on their host communities. FSU clearly impacts the City of Tallahassee and the City of Panama City. The extent of those impacts and the University's share of costs to mitigate the differences are being negotiated. The Board of Regents (on the University's behalf) executed the existing agreement with City of Tallahassee in 1998. Working with the City that agreement has been extended through June of this year and the University is working with the City of Tallahassee on the new agreement. So far it does not appear that are any extraordinary impacts on any municipal utility services, storm water services, and the impacts that do appear to be relatively minimal are in the area of transportation.

Trustee Eady made a motion to approve the Campus Master Plan. Trustee Smith seconded the motion, which passed unanimously. Trustee Eady made a motion to approve the Development Agreement with the City of Tallahassee. Trustee Smith seconded the motion, which passed unanimously.

Board of Trustees' Funding Authority

Mr. Carnaghi indicated that the administration wanted the Board to reaffirm its authority over University finances.
He asked the Board to reaffirm that there are certain expectations of the President to maximize internal flexibility in the use and expenditure and re-allocation of University resources including operating, construction, land acquisition across the entire institution and it's applicable direct support organizations as maybe necessary and appropriate. Trustee Smith moved that the policy concerning Board of Trustees funding authority be approved. Trustee Knowles seconded the motion, which passed unanimously.

Garnet and Gold Guarantee

Dr. Abele explained the Garnet and Gold Guarantee. This is a single cost to attend Florida State University. The transportation, health, and student activities fees would be combined into a single fee.

He said that under the Garnet and Gold Guarantee, a student starting next fall will be guaranteed that price for the four years that they are attending Florida State University and they are expected to graduate at the end of four years. The general parameters are within the guidelines adopted by the Board of Governors and details will be worked out with student government, the Board of Governors and the Legislature. After that a detailed proposal will be brought back to the Board for approval. Trustee Marshall made a motion to approve the Garnet and Gold Guarantee concept. Trustee Haggard seconded the motion, which passed unanimously.

Research Building Authorization

Dr. Kemper explained the need for a new Research Building. Trustee Ford made a motion to approve the new Research building. Trustee Garcia seconded the motion, which passed unanimously.

Materials and Supply Fee

Mr. Carnaghi explained the 2005 materials and supply fee. He said there are about 250 courses that have some type of a fee attached. They are reviewed annually and sometimes a department will demonstrate that costs have risen and require higher fees. Of the 250 courses there are 12 courses that are proposing increases. Trustee Ford made a motion to approve the new Research building. Trustee Garcia seconded the motion, which passed unanimously.

Establishment of Special Pension Plans

Mr. Carnaghi requested that Board authorize the establishment of special pension plans. He explained three special pension plan options. The first is a qualified 401A alternative FICA plan for people who are in the Optional Retirement Program (ORP). The second plan is a qualified 401A supplemental deferred compensation plan also for ORP participants. The third plan is a non-qualified deferred compensation plan and this applies to people who have DSO supplemental payments, Eppes professors, and some coaches. Mr. Carnaghi asked the Board to adopt a motion and a resolution. Trustee Knowles made a motion to approve the establishment of special pension plans. Trustee Smith seconded the motion, which passed unanimously.

8. Legal Issues Update

Ms. Betty Steffens, University General Counsel, provided an update on legal issues. She discussed the lawsuit with the City of Tallahassee and ongoing discussions with the City Commission.

9. Board of Governors (BOG) Issues

Strategic Planning Issues

Dr. Abele indicated that there are two issues related to the Board of Governors that come under the general topic of process and procedures. The first is an update on the Board of Governors Strategic Planning issues. The Board of Governors is working on the Strategic Plan and they contracted with two companies, North Highland Company was charged with developing a model that would produce Undergraduate and Graduate degrees that would meet the goals of the Board of Governors. MGT of America was charged with analyzing key challenges facing the Board of Governors and increasing degree production. The Board met and decided to continue working with MGT of America. There was a meeting on December 16 to discuss this issue. A major concern to all of the universities in Florida is the difficulty in determining the cost of each degree. He said that the process is continuing without adequate input from the universities. For example, the cost of an Elementary Education major at 11 universities in Florida could yield 11 different costs for very real reasons-valid reasons. Dr. Abele said, that another concern is the potential allocation of funds only to Universities that have low-cost degree programs and no funding for students who might begin a program but for various reasons not graduate. He said the BOG is also seeking to set a limit on certain degrees. Dr. Abele said that the Boards of Trustees of various universities should be engaged in this process.

Chiropractic Degree Proposal

Chairman Thrasher outlined the process for consideration of the Chiropractic Degree Program Proposal. He said that Dr. Abele would present the posture that the Board is in and recommend a course of action in response to the last legal action of the Board of Governors. Cards for speakers that want to address the issue were provided. Fifteen minutes were allotted for each side. There will be statements for and in opposition to the program, but at the end of the discussion there will certainly be opportunities for the Board members to ask questions and further discuss the item in respect to any motions that be offered by the Board members.

Overview Of The Chiropractic Program Proposal

Dr. Larry Abele began by thanking the Graduate Policy Committee for both taking up this issue on Monday of this week and for hosting a Faculty Forum the previous day, at which at least three trustees were able to attend. He said that at both the Graduate Policy Committee meeting and at the Faculty Forum he reaffirmed--on behalf of the President and trustees--the processes that the University adopted for evaluation of new degree programs. Dr. Abele reviewed the processes for the Board. He explained that the Legislature has taken the first step necessary for a program degree that requires licensure and they have provided the authorization. The Board of Governors has accepted the proposal that the University submitted and has had it externally reviewed and received two consultants' reports. Dr. Abele said, the question is where is the University in the process? The process is silent on the question of when the Legislature creates a degree program. When the Graduate Policy Committee considered the issue they felt that even for an exploratory phase it was premature but at the same time they felt that the motion passed in the November 18th meeting of the Board of Governors stating that FSU should not start or implement a Chiropractic Program without their approval should be honored and that is in the last statement of their motion which passed out of that committee unanimously. Dr. Abele said, there were many comments from the Board of Governors, particularly at their May 27th meeting, which raises the question whether they would approve any program that reached them. He said this is a complex and changing environment with regard to statutory authority and constitutional authority regarding the roles of trustees, the legislature and the Board of Governors. Dr. Abele expressed concern for faculty colleagues who might to get drawn into the issue.

Trustee Smith asked how much time it would take for the Graduate Policy Committee to do their review. Professor George Bates, the Chair of the Graduate Policy Committee said that the committee could not do it justice in less than a couple of months and they would like to have more time if possible.

Public Testimony On The Chiropractic Program Proposal

Dr. Ray Bellamy spoke against the Chiropractic proposal. Dr. Fred Russo, Dr Jack Zigler, Dr. John Triano, and Dr. Vernon spoke in favor of the Chiropractic proposal. Ms. Jan Bellamy spoke against the Chiropractic proposal.

Board Discussion Of The Chiropractic Program Proposal

Trustees Furlow and Garcia expressed concern that with the chiropractic school may be a detriment to the medical school. And that several physicians would not work with the medical school if the chiropractic school becomes a reality. She said that the Board should make sure that the medical school is well on its way to being established before the chiropractic school becomes a part of FSU.

The trustees discussed the type of motion they might make. Chairman Thrasher explained that the proposed motion is that the board would "submit the chiropractic program proposal," which is very detailed, and it's in the package, "to the Board of Governors in accordance with the motion adopted in their November 18th 2004 Board of Governors meeting, in order for Florida State University to potentially proceed in accordance with existing university policies." He said it is important to remember or to have remembered what the Board of Governors November 18th action was. Chairman Thrasher read from the last official pronouncement of the Board of Governors on this issue. Comments made by Mr. Dasburg: "There was one more item of unfinished business." He said that the Board had some discussion of the chiropractic school at a previous meeting, but it was not settled as to what the board had concluded. He said he has heard that FSU intended to go forward with the proposed chiropractic school without the approval of the board. He said that he believed the board had agreed on a resolution, "FSU could not proceed with the chiropractic school without the proposal coming before this board." He said he was not sure that was where the discussion had concluded. He said he wanted no ambiguity as to the board's action. He moved that "FSU could not proceed with the chiropractic school or start that program until a proposal is brought to the board on such a school." The motion was seconded. Mrs. Roberts said that she had received a request from Provost Abele to bring this proposal to the board in January. Chairman Thrasher explained that the Board of Trustees could not proceed prior to the BOG approving the Chiropractic program.

Board members discussed the process of approval of the degree program. Trustee Ford recommended that the Board would have a proposal that said something pretty simple like, "We recommend to the Board of Governors the FSU proposal to investigate the prospect of having a chiropractic school." He said that the University should be able to finish the investigation. He said he would say, "We'd like to investigate it. Give us the time to do the investigation." Trustee Smith said he would second that motion.

Chairman Thrasher explained that if Board members vote on the motion the way it is crafted that we're not voting to approve a chiropractic program. The vote is not to approve a chiropractic program within the context of this motion. The vote is to respond to a constitutional body, the Board of Governors, and the Florida Legislature. Before the University undertakes an extensive amount of time and energy and work on behalf of faculty, students, and other people--given the position that the Board has taken-the Board of Trustees should ask them for permission to proceed to investigate the Chiropractic program or not, as adopted by the motion.

Chairman Thrasher restated the motion to send the FSU proposal to the Board of Governors to investigate a chiropractic program in accordance with the existing university policies, which had been proposed and seconded. The Board voted 11 to 2 to approve the motion. Trustees Marshall and Garcia voted "nay" indicating their concern about the proposed program.

10. Election of New Board Chair

Chairman Thrasher asked for nominations for the office of Chairman of the Board of Trustees. Trustee Eady nominated Vice Chair Jim Smith for Chair. Trustee Auzenne seconded the motion, and a motion to close nominations was made and seconded. The motion to select Trustee Smith as chair passed unanimously. Trustee Thrasher congratulated Trustee Smith and passed the gavel. Chairman Smith thanked Trustee Thrasher for his service and leadership on the Board.

Chairman Smith opened the floor for nominations for Vice Chair. Trustee Eady nominated Trustee Haggard for vice chair. Trustee Auzenne seconded the motion, and a motion to close nominations was made and seconded. The motion to select Trustee Haggard as vice chair passed unanimously.

11. President's Report

President Wetherell briefly reviewed the efforts made by the University for Tsunami fundraising, Parent's weekend events and an update on the selection of a site for the President's house.

12. Adjournment

The meeting was adjourned at 4:00 p.m.

The Florida State University Board of Trustees approved the minutes on May 26, 2005.