BOR Minutes: July 10-11, 2003

APPROVAL OF MINUTES

      Regent Hur MOVED for APPROVAL of the Minutes of the May 29-30, 2003 Regular Meeting in Great Falls, MT 

     The Minutes of the May 29-30, 2003 Regular Meeting in Great Falls, MT APPROVED unanimously on a 7-0 vote.  

      Regent Semmens MOVED for APPROVAL of the Minutes of the June 17, 2003 Special Meeting in Helena.

     The Minutes of the June 17, 2003 Special Meeting in Helena, MT were approved unanimously on 7-0 vote AS AMENDED.

  Open Forum for Public Input on MONTANA UNIVERSITY SYSTEM ISSUES

The following students spoke about the Nursing Program at MSU-Northern:  Elizabeth Cummins, Katie Knapstead, Berna Johnson, and Maria Lacey.  The Board briefly discussed the program requirement on failing two courses.

Matt Singer noted that MontPirg has a new Board of Directors.  More than 25% of students on campus voted, with 5 to 1 to keep MontPirg active.  He urged the Board of Regents to not remove their ability to do what they do.

a.

Local Executive Board of The University of Montana-Western re: Adoption and implementation of X-1 program by year 2004 and the Masters program at UM-Western - Betty Iverson, Member Local Executive Board

MaryEllen Wilkerson, a graduate of UM-Western and a member of the Local Executive Board addressed the Board indicating the community of Dillon supports the campus 100%, that equine studies have been very popular, and the Youth Challenge Program is working very well.  However they have concerns about the X1 program the administration and faculty have been testing.  She feels that something more important would be the reinstatement of the masters program at Western.

     Debbie Barrett, Representative for District 34 also noted the focus on campus has been on the X1 program, rather than the masters program.  She believes UM-Western should be on a level playing field and that could be attained with a masters program.

     John Schuyler, member of the UM-Western Foundation indicated the people of Dillon are not against X1, but rather that the campus has not followed its business plan submitted to the federal government which entailed a three year period of study.  At the end of the first year, the campus adopted X1.

     Tate Else, President of ASUM-W noted that the students do not feel they have had a voice in this decision.

     Commissioner Krause will work with President Dennison to clarify this situation before the September 25-26, 2003 meeting.

b.

Two Year Education

Scott McCarthy announced the new officers for MAS are himself as President, Aaron Flint, Vice President, and Ray Champ, Treasurer.

End Public Comment

CONSENT AGENDA

Staff Items:

a.

ITEM 120-100-R0703 Staff; Office of Commissioner of Higher Education

b.

ITEM 120-1000-R0703 - Staff; The University of Montana Missoula

c.

ITEM 120-1001-R0703 Authorization to Confer the Title of Professor Emeritus of English upon Gerry Brenner; The University of Montana-Missoula

d.

ITEM 120-1002-R0703 Authorization to Confer the title of Professor Emeritus of Sociology upon Rodney L. Brod; The University of Montana-Missoula

e.

ITEM 120-1003-R0703 Authorization to Confer the Title of Professor Emeritus of Foreign Languages and Literatures upon Maureen C. Curnow; The University of Montana-Missoula

f.

ITEM 120-1004-R0703 Authorization to Confer the title of Professor Emeritus of Mathematical Sciences upon William Derrick; The University of Montana-Missoula

g.

ITEM 120-1005-R0703 Authorization to Confer the title of Associate Professor Emeritus of Computer Science upon Jerry D. Esmay; The University of Montana-Missoula

h.

ITEM 120-1006-R0703 Authorization to Confer the title of Professor Emeritus of English upon Patricia Goedicke; The University of Montana-Missoula

i.

ITEM 120-1007-R0703 Authorization to Confer the title of Professor Emeritus foreign Languages and Literatures upon Oliver W. Rolfe; The University of Montana-Missoula

j.

ITEM 120-1008-R0703 Authorization to Confer the Title of Professor Emeritus of Biological Sciences and Zoology upon Andrew L. Sheldon; The University of Montana-Missoula

k.

ITEM 120-1500-R0703 - Staff; Montana Tech of The University of Montana

l.

ITEM 120-1500A-R0703 Staff; Montana Bureau of Mines and Geology

m.

ITEM 120-1600-R0703 Staff; The University of Montana-Western

n.

ITEM 120-1900-R0703 Staff; The University of Montana-Helena College of Technology

o.

ITEM 120-2000-R0703 - Staff; Montana State University-Bozeman

p.

ITEM 120-2300-R0703 Staff; Agricultural Experiment Station

q.

ITEM 120-2700-R0703 - Staff; Montana State University-Billings

r.

ITEM 120-2800-R0703 - Staff; Montana State University-Northern

s.

ITEM 120-2850-R0703 - Staff; Montana State University-Great Falls College of Technology

  Regent Hur MOVED for APPROVAL of all Staff Items.

    Motion APPROVED UNANIMOUSLY on 7-0 vote.

Administrative/Budget Items:

a.

ITEM 120-1009-R0703 Certificate of Completion, Student Recreation Center, Series F 1999 Facilities Improvement and Refunding Revenue Bonds; The University of Montana-Missoula   Attachments

b.

ITEM 120-1012-R0703 - Proposal to Lease a Small Portion of Property at the Dornblaser Field Location to the Missoula-Ravalli County Transportation Authority; The University of Montana-Missoula   Lease    Attachment

There was discussion on the possible congestion and fumes associated with this depot.  However, it was explained it is only for small buses to pace their routes, and makes it more convenient for students to link to the campus shuttle bus.  It is also very convenient to campus family housing.  The students are in support of this item.  It was agreed that the Campus would make public notice of this proposal although it has already been through the City Council three times.

    Regent Semmens MOVED for APPROVAL of Items a. and b. with the understanding that public notice would be made on Item b.

    Motion APPROVED UNANIMOUSLY on 7-0 vote  

Labor Agreements/Other:

a.

ITEM 120-103-R0703 Approval of Tentative Agreement with the University Faculty Association; The University of Montana-Missoula  Agreement

       Regent Hur MOVED for APPROVAL of Item a. 

      Motion APPROVED UNANIMOUSLY on 7-0 vote

b.

ITEM 120-105-R0703 Confirmation of Governor Martz appointments to Local Executive Boards; Montana University System

      Regent Hur MOVED for APPROVAL of Item b.

     Motion APPROVED UNANIMOUSLY on 7-0 vote

c.

ITEM 120-106-R0703 Montana Rural Physicians Incentive Program; Montana University System

      Regent Hamilton MOVED for APPROVAL of Item c. 

     Motion APPROVED UNANIMOUSLY on 7-0 vote

The Board requested that future items for the Montana Rural Physicians Incentive Program be somewhat more detailed, to include the home town of each applicant, as well as the city where they are practicing.

END CONSENT AGENDA

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ACADEMIC/STUDENT AFFAIRS ITEMS

a.

Level I Memo (Informational Item)

There were no questions on Item a.

b.

Report onWorkforce Development Projects FY02-05 Dr. Scott

Dr. Scott indicated this report was useful for a number of reasons.  All of the two year and college of technology leadership is new to the state or the position in the last couple of years.  There have been complaints that MUS doesn't do anything for two-year education, but this report documents the tremendous amount already done.  MUS is one of three partners to receive a $750,000 grant split between them.  Dr. Arlene Parisot is working with nationally prominent consultants to promote learning about clusters.  They have a fairly substantial agenda of achievement.  The Board of Regents is the designated entity for the Perkins Grant in Montana, and there is a great deal of collaboration across K-16.  This report confirms that there is a lot going on that has benefited these campuses.  Dr. Parisot noted that the Passport Project has been completed and $1.5 million was received through CHE and RFPs were put out.  The dollars were diminished over time, but the outcomes were significant, and people were placed into employment.  The incentive grant will be significant.  MUS has important partnerships with Adult Education, Workforce Investment, Title I and Perkins.  There are measures in place which must be met.  $80,000 was received from the Governor's discretionary fund and is being used to look at developing an infrastructure to provide health care programs across the state.  All of these groups are coordinated by the State Agency Management Team (SAM).  Regent Roehm commented that the economic development included here is one of the best kept secrets in the state.

The Board took a break from 9:35 to 9:50 a.m.

c.

ITEM 119-104-R0503 Math Proficiency Admissions Standards (Action Item) Dr. Scott  Attachment

Dr. Scott indicated the Board had the version of this item revised from the May 29-30, 2003 meeting.  She attended a MACIE meeting considering these tests, then consulted with MUS staff and proposed and accepted another option.  The ACT indicated the MUS was deficient with a requirement of three years of math, and must go to four years.  Research indicates students taking a rigorous core do better in college, 80% stay in college through the first three years, and they complete in a timely manner and at a higher rate as compared to those who have the less rigorous curriculum.  With the three options proposed, there are places for virtually all students.  Besides the high school courses available on the campuses, there are other access points for math classes such as the on-line array of classes from the North Dakota State Board of Public Instruction, and around Montana there are 500 PLATO licenses with on-line math courses through calculus.  Representatives from K-16, the Tribal Colleges, and the Community Colleges collaborated on this issue and none raised any concerns.  There was a strong recommendation to amend the alternate option from high school mathematics to read mathematics in high school.  Regent Roehm asked Dr. Scott to address the misgivings voiced by Representative Juneau for the effect of this on Native Americans.  Dr. Scott indicated that the third option was designed with them in mind.  This is math only.  Option B provides a student would take four years of math, and according to the published curricula submitted to the CHE by the tribal colleges, there are courses suitable to meet the requirements.  This sets expectations for teachers and counselors and gives students stronger preparation than the Regents' requirements do, with a two to four point improvement on the ACT and two to three point improvement on the SAT.  Aside from that they are twice as successful at staying in college and completing their education as those who do not take the rigorous core.  Under the present requirements for math and writing, half of all students need remediation.  Dean Mary Moe expressed concern about the availability of courses in the high schools, and the added cost for teachers in those disciplines.  Professor Rich Howard supported the program based on his own research.  Mr. Curt Kochner from MSU-Billings noted that over 50% of students need remediation.  His concern is for those who cannot succeed in the developmental classes.  There will be a continued need for remediation.  Regent Semmens indicated the proposal is not cumulative, but offers alternatives.  He does not believe proficiency standards close doors to students, but rather improve student success in college.  Dr. Scott indicated that apart from the four year institutions, there are 17 opportunities for open access in the university system.  The Board had directed the Commissioner's office to do this and they have been working on it for 8 years.  Regent Hamilton said the Board of Education sub-committee met three days ago, and there were no objections at that point to either math or writing proficiency standards.

      Regent Hamilton MOVED for APPROVAL of item c. as amended and ADOPTION of the recommendations 

     Motion APPROVED UNANIMOUSLY on 7-0 vote

d.

ITEM 119-1007-R0503 - Approval of Proposal to Rename the School of Forestry to the College of Forestry and Conservation and to Reorganize it into Three Departments: (1) Department of Ecosystem and Conservation Sciences, (2) Department of Forest Management, and (3) Department of Society and Conservation; The University of Montana-Missoula  Summary   Proposal

    Regent Hur MOVED to APPROVE the item in two parts, FIRST for the NAME CHANGE, and the OTHER for the REORGANIZATION.

Regent Mercer indicated he did not like the word "conservation" in the title.  Dean Perry Brown from the School of Forestry said they solicited names from alumni, students, faculty, and others resulting in a list of about sixty potential names.  The proposed name was chosen for a number of reasons.  The first word was chosen to honor their heritage in forestry, and conservation was added to match the 66 year old heritage of Forestry and Conservation Experimental District.  The word "Conservation" allows them to identify the breadth of their programs since they have two degrees with "conservation" in the title.  Regent Semmens asked if the School of Forestry had joined the Advisory Council for the Forestry and Timber industry as was suggested last November at their meeting.  Dean Brown indicated their first meeting will be in November, and although that Council had not been asked for input on the name change, the individuals of the group had been.

     Regent Mercer MOVED to adopt the name change as only the "College of Forestry"

President Dennison explained there is a reason for the professionals in these areas to use certain terms, and why those names work.

      Regent Mercer WITHDREW his motion.

     Original Motion to change the name of the school APPROVED on 4-3 vote with Regents Hur, Roehm and Taylor dissenting.

Regent Hamilton expressed concern about the new administrative lines and requested an explanation of what type of position would be filled and how it would impact the students.  President Dennison indicated the $12,500 savings would not hire a full time person.  They currently have faculty members in the school and at the experiment station.  There is more administration under the current arrangement, and one will be lost and there will be department chairs each with a stipend that is much less.  The synergy created among these individuals also helps bring in funding like the $15 million they have this year.

      Motion to reorganize the School into three departments APPROVED unanimously on 7-0 vote

l.

Follow up on nursing situation at MSU- Northern Joyce Scott / Roger Barber / Alex Capdeville  Report

      Regent Mercer MOVED to allow waiver of the time period for filing grade appeals to be extended to any grievance arising out of this course, with the understanding students will not come back before the Board of Regents until they have exhausted the appeal process on campus. 

     Motion was APPROVED UNANIMOUSLY on 7-0 vote.

i.

ITEM 119-2011-R0503 - Authorization to Establish the Gary K. Bracken Center for Excellence in Undergraduate Business Education; Montana State University-Bozeman (Held over from the May 29-30, 2003 meeting)  Summary   Attachment

      Regent Roehm MOVED for APPROVAL of Item i.

     Motion was APPROVED UNANIMOUSLY on 7-0 vote.

The Board recessed at 12:05 for lunch with student representatives, followed by a meeting with faculty representatives.

SYSTEM ISSUES

Bob NystuenSenior Vice-President, Glacier Bank, and Hank Ricklefs, General Manager, Northwest Lumber (Plum Creek) gave a brief presentation on the Business and Education Councilin Kalispell.

b.

FRIDAY, JULY 11, 2003

ACADEMIC/STUDENT AFFAIRS ITEMS continued

e.

ITEM 119-1010-R0503 - Approval of Proposal to Reinstitute the PhD degree in History; The University of Montana-Missoula   Summary   Proposal   Budget

f.

ITEM 119-2010-R0503 - Establish a Doctor of Philosophy degree in history with major fields in the history of science, technology and society, environmental history, and history of the American West (Held over from the May 29-30, 2003 meeting)  Summary   Attachments

Items e. and f. were discussed together.  Chairman Harry Fritz of the UM-Missoula History Department indicated they are asking to resurrect the PhD program that operated in the 1970s and 1980s.  That program produced 12 PhDs and half were published in book form.  The program was discontinued since the size of the faculty was declining.  At this time, that trend has reversed and the faculty is stabilized at 15 FTE, with six other PhD historians who also teach with the department.  There is outside funding from AB Hammond Fund for Promotion of Western History, Boone, Tidball, Cappadocia scholarships of $30,000 for European history, and Mosher McKinney doctoral scholarships.  Job opportunities have been identified for the graduates.  Where a Masters used to qualify faculty to teach in community colleges or high schools, a PhD is now needed.  President Gamble indicated that the two PhD programs are complementary of each other.  (Rather than duplicating progrms, UM has strengths in European, Latin American, Asian, Native American, and mid-eastern history, while MSU focuses on Social, Philosophical, Scientific, Technical and Economic History).  Robert Rydell, Department Head of History at MSU-Bozeman noted they have new funding for this program from the National Science Foundation.  Environmental history, PhD was line-itemed into the MSU EPSCoR proposal, with $300,000 earmarked for the PhD.  Previously, PhDs were trained for research in universities, but there are new fields such as cultural, museum, private historians, the Department of Homeland Security, and Immigration.  There are 19 tenure track faculty, and the library has a preeminent collection on Yellowstone Park, and in agriculture and agricultural science.  The two campuses will collaborate with each other on the programs.  Although the campuses indicate minimal or no added cost involved in these programs, Interim Commissioner Krause reminded the Board they have a formula driven budget and there will be costs involved.  Due to the fiscal climate, he would not recommend either of the programs.  Deputy Commissioner Scott concurred with the Commissioner, and although the campuses are demonstrating the Board's desire to see entrepreneurial spirit, the MUS budget has been cut by $48 million.

     Regent Mercer MOVED for APPROVAL of items e. and f. as ACTION ITEMS

    Motion APPROVED on 5-2 vote with Regents Hamilton and Semmens dissenting.

ADMINISTRATIVE/BUDGET ITEMS

e.

ITEM 120-2002-R0703 Authorization to Establish the Center for Bio-Inspired NanoMaterials (CBIN); Montana State University-Bozeman

Tom McCoy gave a brief explanation of this item since he had to leave the meeting.  It was agreed that the Regents would be provided with the new bio-security rules put in place after 9/11.

The Board took a ten minute break.

ACADEMIC/STUDENT AFFAIRS ITEMS continued

g.

ITEM 119-1903-R0503 - Approval of Proposal to Establish an Associate of Arts Degree; The University of Montana-Helena College of Technology   Summary   Proposal   Budget  Attachment

     Regent Roehm MOVED for APPROVAL of item g. 

    Motion APPROVED unanimously on 7-0 vote

h.

ITEM 118-2004-R0103 - Approval to Create a Joint Masters Degree in Public Administration; Montana State University-Bozeman and Montana State University-Billings (Held over from the May 29-30, 2003 meeting)  Summary

      Regent Semmens MOVED for APPROVAL of item h. with the understanding that Chancellor Sexton would provide the Board with a much more detailed and fleshed out assessment of revenues and expenses, preferably before the September meeting.

    Motion APPROVED on 6-1 vote with Regent Hamilton dissenting

j.

ITEM 120-102-R0703 - Annual Diversity Report Dr. Scott

k.

Credit by Exam Update Report Dr. Scott

m.

MUS Library Task Force Update Report - Dr. Scott

      Regent Hamilton MOVED for ACCEPTANCE of the report and ADOPTION of the recommendations.

     Motion APPROVED UNANIMOUSLY on 7-0 vote

ADMINISTRATIVE/BUDGET ITEMS continued

a.

Report on Access at 150% of resident tuition in programs with excess capacity to Non-residents and Canadians from the Provinces of British Columbia, Alberta, and Saskatchewan to students meeting the scholarship requirements; Montana Tech of The University of Montana

b.

ITEM 120-2005-R0703 Authorization to Offer Online Courses to Non-resident Students at no less than 125% of Resident Tuition; Montana State University (Discussion Item) REPLACES i. ITEM 119-2703-R0503 Authorization to Offer Access at In-State Tuition Rates to Online Courses with Excess Capacity to Non-resident Students; Montana State University-Billings   (Held over from the May 29-30, 2003 meeting)  Recommendation of Tuition Committee

The Tuition Committee recommended that this item be amended to a minimum of 150% of Resident Tuition, and be applied across the entire system rather than just the Bozeman campus. The committee will present a report on the impact of the costs to evaluate whether they are pushing resident students out of these courses.  All campus CEOs assured the Regents that the students under this policy would still continue to be reported as nonresident students for purposes of enrollment reporting and state support

      Regent Hur MOVED to allow on-line courses to be offered at a minimum of 150% of resident tuition, with the flexibility to charge more.

Regent Mercer indicated he did not want the Board to freely delegate tuition rates to the campuses, but that they should bring back their suggested rates for approval.  Dean Mary Moe noted that the item did not include mandatory campus fees and she believes they should be charged to on-line students as well.  Chancellor Sexton indicated that even those students who are on-line quickly learn the system, and their demand for services rises.  It would also complicate matters not to charge mandatory fees because of the number that take a mixture of on-line and in-class courses.  President Dennison added that mandatory fees don't relate to advising, but rather the rec center, the health center and others and these are included in the list of fees.  These are ambiance fees, and if they are waived, there will be a change in philosophy.  Also in the list of fees is a fee which relates to technology cost for this kind of delivery.  They have been charging those fees, not what the market will bear.  Chancellor Sexton indicated they could bring back original proposals as they are created.  He agreed that they are experiencing a mixture of students on and off campus both making greater use of all the resources, attending events, activities, the student union, and the library.  Mandatory fees are part of that.  Regent Hamilton indicated this is a very complex issue and the idea of no mandatory fees is a long range discussion item.  The sentence referring to no mandatory fees was stricken.

     Motion authorizing all campuses of MUS to price on-line offerings to non-residents at levels no less than 150% of resident tuition rates, with any specific proposals below the full non-resident rate to be presented to the Board before implementation was APPROVED on 6-1 vote with Regent Hur dissenting.

d.

ITEM 120-2001-R0703 Authorization to Proceed, Series G 2003 Facilities Revenue Refunding Bond Issue; Montana State University Bond Resolution

     Regent Mercer MOVED for APPROVAL of item d.

    Motion was APPROVED unanimously on 6-0 vote with Regent Semmens abstaining. 

i.

ITEM 120-2006-R0703 Approval of Nielsen Station Index Service Agreement for Montana PBS; Montana State University-Bozeman   Attachment

     Regent Mercer MOVED for APPROVAL of item i.

    Motion was APPROVED unanimously on 7-0 vote.

c.

ITEM 119-2013-R0503 Authorization to Allow a Provisional Exception to BoR Policy 802.3; Montana State University-Bozeman AMENDED (Held over from the May 29-30, 2003 meeting)

      Regent Roehm MOVED for APPROVAL of item c.

      Regent Mercer MOVED to hold item c. over to the September 25-26, 2003 meeting to allow Sue Hill to address the questions of the Board on this issue.

      Regent Roehm WITHDREW his motion.

     Motion to delay was APPROVED unanimously on 7-0 vote.

e.

ITEM 120-2002-R0703 Authorization to Establish the Center for Bio-Inspired NanoMaterials (CBIN); Montana State University-Bozeman

f.

ITEM 120-2003-R0703 Authorization to Expend Equipment Fees; Montana State University-Bozeman

g.

ITEM 120-2701-R0703 Authorization to Expend Student Equipment Fees; Montana State University-Billings

h.

ITEM 120-2004-R0703 Authorization to Expend Computer Fees; Montana State University-Bozeman

      Regent Semmens MOVED for APPROVAL of items e. through h.

     Motion APPROVED unanimously on 7-0 vote

SYSTEM ISSUES continued

a.

Decision on Interim Commissioner for period of August 1, 2003 to September 1, 2003

      Regent Hur MOVED for APPROVAL to extend the Contract of Interim Commissioner Carrol Krause through August 31, 2003.  Sheila Stearns will then take over on September 1, 2003.

     Motion APPROVED unanimously on 7-0 vote

c.

ITEM 120-104-R0703 - Establishment of Montana Resident Student Tuition Relief Funds and Designation of Revenue Directed by State Government to Higher Education as a Result of Section 601 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 for Purposes of Resident Student Tuition Relief  (Action Item) Regent Mercer

      Regent Mercer MOVED for APPROVAL of item c. and amended to spread over four years through 2007 rather than three years.

     Motion APPROVED on 6-1 vote with Regent Hamilton dissenting.

d.

Strategic Planning Process; Board and Management Determination of Priorities (Action Item) Regent Semmens

      Regent Semmens MOVED for APPROVAL to direct staff and the new commissioner to identify a time in late September or early October for a retreat for the board to review, revise, and modify the strategic plan, to identify initiatives before the board and decide priorities for board action.

     Motion APPROVED unanimously on 7-0 vote

e.

Letter to the Congressional Delegation seeking to formalize a  meeting  (Action Item)  Regent Mercer

      Regent Mercer MOVED for APPROVAL of item e.

     Motion APPROVED unanimously on 7-0 vote 

f.

Budget Committee Update Report Regent Semmens

Regent Semmens indicated the committee had covered a lot in their meeting, and they will return to the September 25-26, 2003 meeting with specific recommendations, priorities, the possibility of establishing the budget in advance of the session, new initiatives and performance matrix.  They are also discussing elimination of unnecessary reports, and are working on the Allocation Model.  At the September meeting, Laurie Neils will present to the Board the funding problem in the Office of the Commissioner and the Board will need to decide how to remedy it with the set aside or campus allocation.

g.

Tuition Committee Update Report Regent Hamilton

      Regent Hamilton MOVED for ACCEPTANCE of the Report and ADOPTION of the recommendations

     Motion APPROVED unanimously on 7-0 vote 

h.

Proposal by ASUM President Flint (Action Item) Student Regent Hur

320 seats in Section 115 of the Washington Grizzly Stadium will be reserved for UM students.  In addition, 316 more seats will be made available to students first at the guest pass ticket rate.  If by the Wednesday prior to game day students have not purchased the reserved tickets then those student-reserved tickets may be sold on the open market.

PRESENTATIONS

a.

      Regent Hamilton MOVED for ADOPTION of the Resolution

     Motion APPROVED unanimously on 6-0 vote with Regent Roehm absent

b.

      Regent Hur MOVED for ADOPTION of the Resolution

     Motion APPROVED unanimously on 5-0 vote with Regents Roehm and Semmens absent

With no further business to come before the Board, the meeting adjourned at 12:15 p.m.

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