05/14/1992

UCCSN Board of Regents' Meeting Minutes
May 14-15, 1992








05-14-1992

Pages 85-130



BOARD OF REGENTS

UNIVERSITY AND COMMUNITY COLLEGE SYSTEM OF NEVADA

May 14-15, 1992



The Board of Regents met on the above date in the Pine Auditorium

Jot Travis Student Union, University of Nevada, Reno.



Members present: Mrs. Carolyn M. Sparks, Chairman

Mrs. Shelley Berkley

Dr. Jill Derby

Dr. James Eardley

Mrs. Dorothy S. Gallagher

Dr. Lonnie Hammargren

Mr. Daniel J. Klaich



Members absent: Mr. Joseph M. Foley

Mrs. June F. Whitley



Others present: Chancellor Mark H Dawson

President Anthony Calabro, WNCC

President Joseph Crowley, UNR

President John Gwaltney, TMCC

President Robert Maxson, UNLV

President Paul Meacham, CCSN

President Ronald Remington, NNCC

President Jim Taranik, DRI

Mr. Donald Klasic, General Counsel

Mr. Ron Sparks, Vice Chancellor

Mrs. Karen Steinberg, Acting Vice Chancellor

Ms. Mary Lou Moser, Secretary



Also present were Faculty Senate Chairmen Bill Baines (TMCC),

Carolyn Collins (CCSN), Richard Egami (DRI), Michon Mackedon

(WNCC), Ed Nickel (NNCC), Ellen Pillard (UNR), Becky Seibert

(Unit), Robert Skaggs (UNLV), and Student Association Officers.



Vice Chairman James Eardley called the meeting to order at 11:25

A.M. Thursday, May 14, 1992, with all Regents present except

Regents Foley, Klaich, Sparks and Whitley.



1. Introductions



President Crowley introduced Dr. David Lightner, who is the

recipient of the Regents' Researcher Award for 1992, and Ms.

Alana Kroll, who is the recipient of the Outstanding Student

of the Year Award for 1992.



Chancellor Dawson introduced Ms. Kathy Odinski, President

of Nevada Adult Education Association, who presented Vice

Chairman James Eardley the Nevada Adult Education Associa-

tion's Accommodation Award for outstanding accomplishments

in adult education, and the Mountain Plains Adult Educa-

tion Association's Accommodation Award for outstanding

contributions for the advancement of adult education in

Nevada. In addition, Ms. Odinski presented a demographics

book of the 8 Western States to Vice Chairman Eardley and

Chancellor Dawson.



President Crowley introduced ASUN President Samantha

Dollison and newly elected Faculty Senate Chairman Ellen

Pillard.



President Maxson introduced newly elected Faculty Senate

Chairman Bob Skaggs, newly elected CSUN President Joel

Kostman, student leader Mike Kennedy, and outgoing Faculty

Senate Chairman Lori Temple.



President Taranik introduced Faculty Senate Chairman

Richard Egami and outgoing Faculty Senate Chairman Lonnie

Pippin.



President Meacham introduced newly elected Faculty Chairman

Carolyn Collins and outgoing Faculty Senate Chairman Candace

Kant.



President Gwaltney introduced newly elected ASTM President

Charlie Covington and outgoing ASTM President Kay Adair.



President Remington introduced newly elected ASB President

Jennifer Stevenson, outgoing ASB President Tammy Robinson,

and Faculty Senate Chairman Ed Nickel who will serve a

second consecutive term.



President Calabro introduced newly elected USA President

Debi Green, outgoing USA President Jayne Podratz, and

Faculty Senate Chairman Michon Mackedon.



2. Approved Consent Agenda



Approved the Consent Agenda (identified as Ref. A, filed

with the permanent minutes), containing the following:



(1) Approved the minutes of the special meeting held

March 24, 1992 and minutes of the regular meeting

held April 9-10, 1992.



(2) Approved the gifts, grants and contracts, listed in

Ref. C-1, filed with the permanent minutes.



(3) Approved to grant a third year of leave without pay

for Dr. Mohammed Yousef, Professor of Biological

Sciences at UNLV.



(4) Approved the following appointments to the Management

Information Systems Advisory Council at UNLV:



Paul Padilla, Las Vegas William Robinson, Las Vegas

Ron Jones, Las Vegas Herb Peebles, N. Las Vegas

Steve Chapin, Las Vegas Davan Weddle, Las Vegas

Tim Mc Carthy, Las Vegas James J. Ratigan, Las Vegas

Randy Ranck, Las Vegas Ron Quenzler, Las Vegas

Jim Boyd, Las Vegas Ernie Piece, Las Vegas



(5) Approved the following appointments to the Public

Administration Advisory Committee at UNLV:



Dolores Brosnan, Las Vegas Donald L. Shalmy, Las Vegas

William Curran, Las Vegas Jon Sjoberg, Las Vegas

James Devlin, Las Vegas James Spinello, Las Vegas

Phillip Lowry, Las Vegas Carolyn Usher, Las Vegas

Nikolas, Mastrangello, L.V.Steve Waugh, Las Vegas

Patricia Mulroy, Las Vegas Janet Weise, Henderson

William Noonan, Las Vegas



(6) Approved the following appointments to the Board of

Directors of the Accounting Circle at UNLV:



Gary Acord, Las Vegas B. Michl Lloyd, Las Vegas

Wes Allison, Las Vegas Amelia Morton, Las Vegas

Selma Bartlett, Henderson Reuben Neumann, Las Vegas

Bob Beers, Las Vegas Tomoo Okada, Las Vegas

John Campbell, Las Vegas Diane Radunz, Las Vegas

Chris Coquillard, Las VegasKen Sawyer, Las Vegas

Verlie Doing, Searchlight Michelle Stickney, L. V.

Louis Du Bois, Las Vegas Dan Towbin, Las Vegas

Juan Garcia, Las Vegas Joel Towbin, Las Vegas

Weldon Havins, Las Vegas Joseph F. Zerga, Las Vegas



(7) Approved the following appointments to be Professional

Accounting Advisory Council at UNLV:



John Back, Jr., Las Vegas Robert L. Kreml, Las Vegas

Wm. Broadus, Manassas, Va. B. Michl Lloyd, Las Vegas

Diane S. Conant, Las Vegas Wayne A. Label, Las Vegas

Jon M. Donnell, Las Vegas William Luthy, Las Vegas

R. Flaherty, Tempe, Ariz. Scott Y. Mac Taggart, L. V.

Gregory J. Gale, Las Vegas Leland D. Pace, Las Vegas

Jim Griffin, Henderson L. Ralph Piercy, Las Vegas

Pat Johnson, Las Vegas Bruce E. Ward, Las Vegas

William Wells, Las Vegas



(8) Approved the appointment of Mr. A. J. Dubuc, Jr. to

the CCSN Advisory Board.



(9) In an effort to further market UNR's logistics pro-

gram, the Board of Regents approved the establishment

of a National Advisory Board at UNR.



The purpose of this Board not only would be to assist

in the placement of our students, but also to provide

expertise to our program as we expand nationally and

incorporate a global perspective into the program.



In addition, the Board approved the following appoint-

ments to the Center for Logistics Management National

Advisory Board at UNR:



Bryce Adolph, San Francisco, California

Robert V. Delaney, St. Louis, Missouri

George Gecowets, Oak Brook, Illinois

Harry Goldberg, San Jose, California

Patrick Guerra, Sunnyvale, California

Bernard J. Hale, Irvine, California

Omar K. Helferich, East Lansing, Michigan

Warren Merz, Dearborn, Michigan

Ed Root, Toledo, Ohio

Richard J. Sherman, Elk Grove Village, Illinois

Dennis Young, Lansing, Michigan



(10) Approved the following appointments to the TMCC Ad-

visory Board:



Janet J. Berry, Reno (Replaces Joan Kenney)

Walt Katai, Reno (Replaces Paul Bible)

Gordon Krammer, Sparks (Replaces Fred Laing)

Carol Miller, Sparks (Replaces Carlos Romo)



(11) Approved the addition to the Handbook, Title 4,

Chapter 17, Section 11, Special Course Fees at WNCC:



ENG 258 - Ashland Theatre Festival $60.00 per course



(12) Approved the Handbook changes, Title 4, Chapter 17,

Sections 17.3, Apartment Rentals, and 18.1 and 18.2,

The College Inn at UNR:



A. Title 4, Chapter 17, Section 17.3, Stead Residence

Hall Rates



(Entirely deleted)



B. Title 4, Chapter 17, Sections 18.1 and 18.2, The

College Inn



See Ref. C-11, filed in the Regents' Office, for

documentation.



(13) Approved the following interlocal agreements:



A. UCCSN Board of Regents/UNR and the Nevada Depart-

ment of Wildlife (Interlocal Contract)



Effective Date: March 1, 1992 to June 30, 1997

Amount : $350,000 to UNR over six year

period

Purpose : Study of genetic makeup of black

bass in Lake Mead.



B. UCCSN Board of Regents/UNR and the Nevada Depart-

ment of Conservation and Natural Resources

(Interlocal Contract)



Effective Date: January 1, 1992 to September 30,

1992

Amount : $24,000 to UNR

Purpose : Water Polution Control Program.



C. UCCSN Board of Regents/UNR and the Nevada Depart-

ment of Wildlife (Interlocal Contract)



Effective Date: March 1, 1992 to June 30, 1997

Amount : $641,856 to UNR

Purpose : Riparian hydrology research.



Dr. Derby moved adoption of the Consent Agenda and approval

of the prepared agenda with the authority to change the

order of items as specified throughout the meeting. Mrs.

Berkley seconded. Motion carried.



3. Chancellor's Report



Chancellor Dawson reported that he is establishing a Multi-

Year Contract Committee to review the current guidelines

and policies and will report back to the Board at the June

meeting. The Committee members are as follows:



Dr. Jill Derby

Dr. James Eardley

Mr. Joseph M. Foley

Mrs. Carolyn M. Sparks

Dr. Joseph Crowley (to serve as Chairman)

Dr. John Gwaltney

Dr. Robert Maxson

Dr. Paul Meacham



Chancellor Dawson stated that the purpose of the "Chancel-

lor's Report" was to inform the Board of Regents of events

that take place throughout the System. He informed the

Board that President Calabro has earned the nickname "Crash

Calabro" by trying to ride a bike and walk his German

Shepherd at the same time.



4. Approved the Appointment of Vice Chancellor for Academic

Affairs



Approved the appointment of Dr. John Richardson as Vice

Chancellor for Academic Affairs, UCCSN, at the annual salary

of $114,200, without employee paid retirement, with an auto-

mobile allowance of $6000 per year within the 50-mile radius

of Reno, effective July 1, 1992. The position will be on

a one-year appointment and renewed annually.



Mrs. Gallagher moved approval of the appointment of Dr. John

Richardson as Vice Chancellor for Academic Affairs, UCCSN,

at the annual salary of $114,200, effective July 1, 1992.

Dr. Hammargren seconded. Motion carried.



5. Approved the Appointment of Dean of Instruction, NNCC



Approved the appointment of Mr. William Bonaudi as Dean of

Instruction at NNCC, at the annual salary of $70,071, with

tenure as Biology Professor, and moving expenses from Reno.



Mrs. Gallagher moved approval of the appointment of Mr.

William Bonaudi as Dean of Instruction at NNCC, at the

annual salary of $70,071, with tenure as Biology Professor.

Dr. Derby seconded. Motion carried.



6. Approved Handbook Addition, Criminal, Safety and Security

Video Surveillance, UCCSN



Approved the Criminal, Safety and Security Video Surveil-

lance Policy. The proposed policy was developed by the

UCCSN Surveillance Policy Committee, Chaired by UNLV Faculty

Senate Chairman, Lori Temple, with membership that included

Regents, Administration, faculty, Campus law enforcement

representatives, and students from the System. Inasmuch

as the Surveillance Policy Committee finalized the policy

at its meeting on May 7, 1992, the following was distrib-

uted:



Title 4, Chapter 1, Section 13



Section 13. Covert Video Surveillance



The use of covert video surveillance for anything other

than a criminal investigation on the Campuses of the

University and Community College System of Nevada is

prohibited. This policy shall not interfere with the

legitimate use of video taping for academic purposes.



Dr. Temple stated that she had received positive responses

from all faculties or Faculty Senate Executive Committees

on the proposed policy. Mr. Dave Hollenbeck, UNLV Director

of Public Safety, stated that he and Mr. Ken Sjoen, UNR

Chief of Police, are in agreement and feel it is a fair

policy for the System.



Dr. Hammargren moved approval of the Handbook addition re-

garding Covert Video Surveillance. Mrs. Berkley seconded.

Motion carried.



7. Approved Retention of Assistant to Chancellor for Community

College Concerns



Approved the continuation of Doug Burris as Assistant to

the Chancellor for Community College Concerns from July 1,

1992 through June 30, 1993. The compensation is to be

paid from the Regents' Special Project funds. Chancellor

Dawson stated that the $100,000 amount listed in the agenda

was not quite correct. The salary was to be $102,787, with

employer-paid retirement. It was his intent that the com-

pensation package be at the same level as the System Office

Vice Chancellors. He said that UCCSN will be seeking per-

manent funding from the next legislative session for this

position. The Chancellor stated that as UCCSN looks to the

coming year, it needs the support of Mr. Burris in the fol-

lowing areas:



1) Completion of the development of the process for Com-

munity College academic master planning.



2) Development of support positions for Community College

issues during the legislative session.



3) Pursue the role and involvement of the Community Col-

leges in areas related to the economic development

of Nevada.



4) Further enhance the System's involvement and coordina-

tion with other State agencies, e. g., State Department

of Education.



5) Give direction to the design of staff development needs,

e. g., workshops, etc.



6) Assist the Colleges with the design of their plans for

transfer support services and individual transfer guar-

anty contracts.



7) Assist the System with the formal introduction of TQM

(Total Quality Management) programming.



8) Support the Community Colleges of the System in their

development and expansion of the high school/Community

College articulation (program coordination) such as 2+2

and tech prep.



9) Assist with the exploration of options available to

support distance learning needs.



Dr. Derby moved approval of the retention of the Assistant

to Chancellor for Community College Concerns at UCCSN until

June 30, 1993, with compensation as recommended by the

Chancellor to come from the Regents' Special Projects Funds.

Mrs. Gallagher seconded. Motion carried.



8. Approved Emeritus Appointments



Approved the following emeritus appointments as recommended

by the Presidents:



A. University of Nevada, Las Vegas - President Maxson rec-

ommended:



Richard Brooks, Emeritus Professor of Anthropology,

effective June 30, 1992

Sheilagh Brooks, Emeritus Distinguished Professor of

Anthropology, effective June 30, 1992



Mrs. Gallagher moved approval of the Emeritus appointments

at UNLV. Mrs. Berkley seconded. Motion carried.



9. Approved Recommendations for Award to Tenure



The following recommendations for tenure have been forwarded

for Board consideration.



Note: The titles stated in this agenda item are descriptive

only. Faculty are tenured in institutions, and not

in particular employment positions.



A. University of Nevada, Reno - President Crowley recom-

mended the following award to tenure, effective July 1,

1992, to the following:



*La Verne M. Jeanne, Anthropology, Arts and Science



B. University of Nevada, Las Vegas - President Maxson

recommended award to tenure, effective July 1, 1992,

to the following:



*Hans-Hermann Hoppe, Economics, College and Business and

Economics



*Also recommended for Promotion or Assignment to Rank.



Mrs. Gallagher moved approval of Award to Tenure for UNR and

UNLV. Mrs. Berkley seconded. Motion carried.



10. Approved Recommendations for Promotion or Assignment to Rank



The following recommendations for promotion or assignment

to rank have been forwarded for Board consideration.



A. University of Nevada, Reno - President Crowley recom-

mended the following promotion, effective July 1, 1992:



*La Verne M. Jeanne to Associate Professor of Anthro-

pology, College of Arts and Science



B. University of Nevada, Las Vegas - President Maxson rec-

ommended the following promotion, effective July 1,

1992:



*Hans-Hermann Hoppe to Professor of Economics, College of

Business and Economics



*Also recommended for Award of Tenure.



Mrs. Gallagher moved approval of Promotion or Assignment to

Rank for UNR and UNLV. Mrs. Berkley seconded. Motion

carried.



The open meeting recessed at 12:00 P.M. to move into Foundation

meetings, and reconvened at 1:10 P.M. Thursday, May 14, 1992,

with all Regents present except Regents Foley, Hammargren, Sparks

and Whitley.



11. Approved Tenure on Hire, UNR



Approved tenure on hire for Dr. Chaitan P. Gupta, Chair of

Mathematics Department, effective July 1, 1992.



This request complies with the Board policy adopted April,

1992.



President Crowley stated that he was aware that Chairman

Sparks had some concern about the number of tenure on

hires which UNR has recently brought forward to the Board,

but he assured the Board that all tenure on hires have been

for leadership positions and these Departments could not

have recruited these people without granting them tenure.

It is a very small percentage of hires that he has re-

quested tenure on hire and reminded the Board that UNR

recruits during the Spring season.



Mr. Klaich moved approval of the tenure on hire for Dr.

Chaitan P. Gupta, Chair of Mathematics Department at UNR,

effective July 1, 1992. Dr. Derby seconded. Motion

carried.



12. Report and Recommendations of the Academic Affairs Committee



A report and recommendations of the Academic Affairs Commit-

tee meeting, held May 14, 1992 were made by Regent Jill

Derby, Chairman.



(1) Information Only: Report on Status of Campus Plans -

The Chancellor's Office of Academic Affairs has re-

quested each Campus to prepare a presentation to the

Committee on the status of their academic master

planning activities. Each Campus provided an update.



On behalf of the four Community Colleges, Mr. Doug

Burris, Assistant to the Chancellor, reported that

the design of the master planning activities for the

Community Colleges is similar to the Strategic Direc-

tions Report, which was previously discussed, along

with the Community College mission statements which

were approved at the April 9-10, 1992 Board of Regents'

meeting. In accordance with Dr. Harold Enarson,

consultant on UCCSN mission statements, the Community

College mission statement is broad and would provide

a good work plan. Mr. Burris stated that the academic

master planning activities for Community Colleges

would be completed over the next two-year period in

order to consider the biennial budget plans. It is

the Community College directive to focus on the proc-

ess, with the academic master plan being a continual

activity. The Community Colleges will report on an

annual basis which will address the reflection on

the stated goals, accomplishments and additions to

the plans no later than November 1, 1992.



Upon questioning, it was explained that there are two

plans being developed by the institutions at this

time: Physical Master Plan and Academic Master Plan.

Mrs. Karen Steinberg, Acting Vice Chancellor for

Academic Affairs, stated that over the next two-month

period, she is hopeful that several recommendations

will be presented by the Academic Affairs Council to

the Board for its consideration regarding suggestions

presented by the consultants to the Board. She empha-

sized that the process will take approximately two

years and that the stated strategic plans will pull

the two plans together.



Dr. Robert Hoover, UNR Vice President for Academic

Affairs, distributed a document entitled, "Strategic

Vision Statement and Decision Process, May 13, 1992",

which is filed in the Regents' Office. He highlighted

the document which addressed: Planning Assumptions;

The Vision - An outstanding, small, land-grant Uni-

versity addressing local, state and regional problems;

Milestones for Establishment of the Vision and Pri-

orities; and Possible Vision Priorities. He stated

that UNR will report back to the Board on its prog-

ress in January 1993.



Mrs. Gallagher questioned how new programs would be

initiated prior to January 1993, and President Crowley

stated that program reviews will begin after January

1993 and will be linked to the Academic Master Plan.



Dr. Eardley questioned whether "in-service" programs

were being implemented to develop quality teachers,

and Dr. Hoover replied that there are three ways in

which UNR teachers are evaluated: 1) student evalua-

tion, 2) effectiveness of teacher on providing know-

ledge and creating a learning environment in the

classroom, and 3) assessment program. He stated that

UNR provides each student an opportunity to evaluate

the teachers. President Crowley cautioned the Com-

mittee by stating that student evaluations are im-

portant, but are not the only criteria to evaluate

teachers. He explained that the current student is

the starting point of assessing teachers, but the

assessment of alumni is also important due to the

fact that the alumnus would probably have a different

opinion after his/her formal education.



Dr. John Unrue, UNLV Provost and Senior Vice Presi-

dent, explained the process which UNLV is undertaking

at this time. A committee on master planning has been

formed and it is projected that all Campus units will

have developed five-year plans to be completed by Fall

1992. He stated that no new programs are slated until

after the report to the Board in the Fall.



Dr. Derby stated, that as Chairman of the Academic

Affairs Committee, she is appreciative that institu-

tions are withholding all new programs until the

master academic plans are developed.



Dr. Bill Bishop, DRI Vice President of Research, stated

that although DRI is not a degree-granting institution,

it is developing a master academic plan which will be

coordinated with the two Universities and will be re-

ported to the Board after deliberations with the Uni-

versities.



Mrs. Gallagher expressed her appreciation to all the

institutions for their efforts in making the academic

master plan a reality.



(2) Information Only: Academic Affairs Retreat - Chairman

Derby stated that the Academic Affairs Council and the

Academic Affairs Committee are developing an agenda

for an Academic Affairs Retreat on academic planning.

Mrs. Karen Steinberg, Acting Vice Chancellor for Aca-

demic Affairs, stated that she would like to discuss

this retreat with the new Vice Chancellor for Academic

Affairs and will inform the Committee members of the

time, date, place and agenda in the near future.

Chairman Derby suggested the agenda address the proc-

ess which Campuses use in developing new programs.



(3) Information Only: Discussion of New Program Approval -

At the April Board meeting, the Committee began a

discussion concerning approval of new program pro-

posals and the relationship of the approval process

to the Board criteria of Campus role and mission

statements and academic master plans. Chairman Derby

stated that it is her understanding that some new

programs cannot wait until the academic master plan

is completed. Mrs. Karen Steinberg, Acting Vice

Chancellor for Academic Affairs, stated that the

Academic Affairs Council has discussed this issue

several times and has determined that it is important

for the planning process to continue along side the

academic master plan. The preference would be to hold

all new programs until the plans are in place, but

offer an option to bring forward a limited number of

new programs with additional criteria on why it is

necessary and how resources will be secured to fund

the new program. She informed the Committee that

UNLV has several programs on hold at this time, UNR

has 3 or 4 programs, and the Community Colleges have

no new programs at this time, but will probably have

a few in the Fall.



Mr. Klaich moved approval of the report and recommendations

of the Academic Affairs Committee. Mrs. Gallagher seconded.

Motion carried.



Mr. Klaich extended his appreciation to Mrs. Karen Steinberg for

an "incredible" job which she has undertaken as Acting Vice

Chancellor for Academic Affairs. Mrs. Gallagher concurred and

Dr. Derby added that during her service it has been a very

critical time for Academic Affairs throughout the System.



Chancellor Dawson introduced Mary Warejcka, Education Reporter

for the Reno Gazette-Journal.



Dr. Hammargren returned to the meeting.



13. Approved UCCSN Code, Disciplinary Procedures, and Handbook

Change, Discrimination Grievance Procedures, UCCSN



Approved amendments to the UCCSN Code, Chapter 6, Rules

and Disciplinary Procedures for Members of the University

Community, and to the Board of Regents' Handbook, Title 4,

Chapter 8, Section 9, Grievance Procedures as Related to

Equal Opportunity, as contained in Ref. G, filed with the

permanent minutes.



These amendments have been circulated to the Chancellor, the

Presidents and the Faculty Senate Chairs for comments in

accordance with Section 1.3.3 of the UCCSN Code.



General Counsel Klasic stated for the record that the pro-

posed UCCSN Code changes are not expressly sexual harass-

ment policies, but apply to all forms of discipline in the

System. However, sexual harassment problems and complaints

have inspired the changes that are being brought forward

for Board consideration. In July 1991, General Counsel

Klasic proposed a solution to the delayed process of ad-

dressing disciplinary and grievance procedures, whereby

UCCSN would follow the University of Washington's model by

eliminating the faculty from the process. General Counsel

Klasic explained that by having faculty serve on the com-

mittees, no sooner would the committee/panel be formed,

then a faculty member would either leave on sabbatical or

for the Summer, or to take another job. However, the Facul-

ty Senates had a problem with eliminating faculty from the

committees and suggested that the procedures be changed to

speed up the process. In retrospect, General Counsel Klasic

agrees with the Faculty Senates and the proposed UCCSN Code

changes emanated from the Faculty Senates' concerns. They

suggested that a time limit of six months be enforced, from

the beginning of the complaint to the end of the complaint.



General Counsel Klasic proceeded by highlighting some of

the proposed changes.



1) Ref. G, Page 4 of 13, is not a change to the UCCSN

Code, but to the Board of Regents' Handbook, Title 4,

Chapter 8, Section 9, Discrimination Grievance Pro-

cedures, which is a different procedure from the

discipline procedure. In the past, so many complaints

were filed on sexual harassment with the Affirmative

Action Officer and the question became whether to

follow this procedure or to follow the UCCSN Code,

Chapter 6 procedure. The problem with following this

procedure is that it is impossible to discipline under

the Handbook procedure. The proposed change would

give the Affirmative Action Officer, in consultation

with the institutional President, the flexibility to

decide in certain cases, primarily where discipline

is the goal that is to be sought, and give the Of-

ficer the opportunity to avoid the Handbook procedure

and go directly into Chapter 6. This would eliminate

the time problem.



2) Ref. G, Page 5 or 13, UCCSN Code, Chapter 6, Section

6.2.4, Sexual Harassment, is a new policy. The Fac-

ulty Senates suggested that a procedure be implemented

that would separate the parties so that there would

be no retaliation and the uncomfortable and difficult

problems that exist when the accused and the victim

work closely together. Upon further discussion with

the Faculty Senates who wished for a more flexible

procedure, General Counsel Klasic proposed the above

referenced language and amendments to Section 6.5,

Administrative Leave (which used to be titled "Im-

mediate Suspension"). A new policy, Section 6.5.1(c),

allows UCCSN to remove a person from the institution

with leave with pay. A quick 10 day administrative

hearing would be called as to whether it is proper

to put the person on leave.



3) Ref. G, Page 9 of 13, UCCSN Code, Chapter 6, Section

6.12.3, appointment of the Special Hearing Committee,

has additional language added to the policy. General

Counsel Klasic explained that in the past the Hearing

Committee consisted of the Faculty Senate Grievance

Committees, but what is actually needed is to select

a special and independent panel for these matters.

The persons selected to serve must fulfill his/her

obligations to the panel. In addition, the Adminis-

tration must also allow these persons time to perform

his/her obligations to the panel.



4) Ref. G, Page 13 of 13, UCCSN Code, Chapter 6, Section

6.15, Records, has additional language added to the

policy. General Counsel Klasic reminded the Board

that this policy not only deals with sexual harassment

cases, but all disciplinary proceedings. The current

policy is that everything in a disciplinary matter

is confidential with the exception of a decision of

the President. General Counsel Klasic proposed the

following language:



"All reports and decisions reached after hearings

or appeals held under this chapter are declared

to be public records subject to the provisions or

exclusions of the public records laws of the

Nevada Revised Statutes as they may be interpreted

by the courts."



General Counsel Klasic stated that a "balancing test"

would be implemented by the courts. This is a judge-

made rule that determines what to do when an open

record request is made. It considers the interest of

the public in knowing the affairs of their public

institutions vs. privacy rights. Upon the court's

decision the institution would be directed to release

or withhold the document.



General Counsel Klasic offered the following scenario

to help explain the proposed language. When a hearing

under Chapter 6 has been declared, particularly a

termination hearing, a special Hearing Officer is ap-

pointed from outside the System. The special Hearing

Officer makes findings of fact, conclusions of law and

a decision, which is contained in a report. The re-

port is forwarded to the President of the institution.

Then a faculty panel, after it hears the report of the

Hearing Officer, and assuming that the decision is

guilty, decides the penalty or makes a recommendation

for the penalty. This is also sent to the President

of the institution. General Counsel Klasic proposed

that the report of the Hearing Officer, together with

the decision of the President, would then be revealed,

not the investigative files or raw data.



General Counsel Klasic stated that the Faculty Senates

are generally in agreement with the proposed changes,

although UNR's and TMCC's Faculty Senates oppose this

particular section. He stated that Nevada's Open

Meeting Law does not pertain to these cases, and the

hearing panels are not subject to the Open Meeting

Law because they report to a single person, the Pres-

ident (single bodies, such as the President, are not

subject to the Open Meeting Law). In addition, min-

utes are not prepared at these hearings, and therefore

are not subject to the Open Meeting Law.



General Counsel Klasic stated that a question was

raised about revealing the names of the complainants

who have made sexual harassment complaints. Again, he

reminded the Board that the proposed policy is not

limited to sexual harassment cases, but all discipline

matters. There is much case law that would allow

UCCSN to use the balancing test and to delete the

names of complainants who have complained of sexual

harassment so as to protect their privacy.



General Counsel Klasic stated that the remainder of the

proposed changes are essentially time procedures, either

to speed up the process or put time limits on the selection

of committees, the business of exercising peremptory deci-

sions, and, finally, the hearing.



The Campus Advisory Committees on Status of Women have been

contacted with regard to the proposed policy, and General

Counsel Klasic had only received comments from the TMCC

and UNR Committees. He met with each Committee and dis-

cussed their concerns. He stated to the Committees that

he would report to the Board about their discussions and

conclusions. He reported on the following:



1) Both Committees agreed not to delay any further the

action in adopting these proposed changes.



2) Both Committees were concerned about the necessity to

have somebody monitor sexual harassment. General

Counsel has indicated that the Affirmative Action

Officer should already be handling this issue. The

concern is that there are 8 or 9 Affirmative Action

Officers throughout our System, with different priori-

ties, staffs, budgeting requirements, and training.

It was determined that the Affirmative Action Officers

must be told that they must have a more active role

in monitoring these matters. General Counsel Klasic

agreed, but did not feel it necessary to change the

UCCSN Code to that effect. He suggested that the

Campus Advisory Committees on Status of Women be

directed, with their Presidents, to address the issue

to the Affirmative Action Officer. Or, alternatively,

assuming the Board establishes a permanent Status of

Women Committee, the Campus Advisory Committees could

approach the Board's Committees with a proposed direc-

tive to take care of the issue.



It was pointed out that it would be very difficult for

Affirmative Action Officers to monitor a sexual har-

assment problem in a hearing if, in fact, they were

excluded from the hearing. The UCCSN Code, at this

time, does exclude everybody from a hearing except

the parties, their attorneys and the witnesses as they

come into the hearing. General Counsel Klasic indicat-

ed that he would be prepared to provide a UCCSN Code

change at a later meeting that will allow the Affirma-

tive Action Officers to attend the hearings on all

discrimination matters (not just sexual harassment,

which is a form of sexual discrimination, but all

discrimination matters; i. e., race, sex, national

origin, religion, etc.).



3) Both Committees believed that a person who has been

victimized by sexual harassment ought to have an

independent advisor or advocate to support him

throughout the process. Upon clarification by both

the UNR and TMCC Committees, it was explained that

this "support" person be an employee that is essen-

tially funded by UCCSN. The person(s) ought to be

chosen by the Campus Advisory Status of Women Com-

mittees and trained by the Committees. The "support"

person would be present in the hearing, if only to of-

fer a hand, a friendly face, and console the victim.



The UNR Committee indicated that it did not anticipate

that this person would participate in the hearing nor

be present during the entire hearing, but be present

during the time the victim was present.



General Counsel Klasic indicated that he would be

prepared to provide a UCCSN Code change at a later

meeting.



4) The TMCC Committee was concerned that there ought to

be an option to monitoring matters, such as sexual

harassment complaints, apart from the Affirmative

Action Officer. This person may be the one, rather

than the Affirmative Action Officer, to perform this

monitoring. General Counsel Klasic suggested that

this could be worked out either individually or from

a policy directive from the Status of Women Committee.



5) Both the UNR and TMCC Committees wanted to clarify that

the hearings were administrative in character and not

subject to the rules of evidence. General Counsel

Klasic explained that the UCCSN Code currently provides

that they are administrative in character and that the

rules of evidence are not the rules UCCSN follows in

this particular matter. In addition, he explained that

these matters are not totally under UCCSN's control,

because the greater the property right at stake, the

greater the formality that is necessary. General

Counsel Klasic offered his services in educating the

panel members.



6) The UNR and TMCC Committees wanted to clarify the time

limits for bringing charges. General Counsel Klasic

stated that there is not a statute of limitations for

bringing charges under Chapter 6 of the UCCSN Code.

However, with respect to the Affirmative Action pro-

cedures, Title 4, Chapter 8, Section 9, Affirmative

Action Grievance Procedures, there is a 180-day statute

of limitations. It is the responsibility of the Af-

firmative Action Officers to educate the public as to

this particular matter.



Mr. Klaich stated that he felt a very short statute of

limitations on sexual harassment complaints is eminent-

ly fair to the complainant and to the accused, so that

each of them will have a contemporaneous opportunity

close to the incident to have it resolved. Dr. Derby

stated that the reason for this is that there has been

an environment and climate that has made it difficult

for a victim to come forth. Mr. Klaich stated that by

delaying the reporting of such incidents it does not

help anyone involved. Delay neither makes it easier

nor makes the fact of anything more or less provable.

He felt that the ad hoc Committee on Status of Women

has taken a very strong and powerful position on this

issue and has said that sexual harassment is absolutely

impermissible conduct with UCCSN. So he believes that

there is reason to move more into the mainstream of

reporting and disposition of these cases and that a

short statute of limitations is clearly within the

mainstream.



UNR Faculty Senate Chairman Ellen Pillard stated that

there are some states which have gone to removing the

statute of limitations altogether for sexual abuse

allegations as it relates to children. Although

UCCSN's situation is different, we are not talking

about "children, but we are talking about students",

who in many instances may not be as captive as children

are, but are also not fully empowered adults in many

instances. In addition, employment situations that are

inequitable which have mitigated against the employee

filing the sexual harassment complaints is a real con-

cern and issue. Historically, although it may be

ideal to have a short statute of limitations and

prompt disposition of complaints, the reality is that

there is a long history in which people have been un-

willing to make complaints and Ms. Pillard felt that

a short statute of limitations mitigates against chang-

ing the history.



7) The UNR and TMCC Committees both questioned the pro-

tection rights of the complainant against retaliation

for bringing a complaint forward and General Counsel

Klasic indicated that he would be able to provide a

UCCSN Code change at a later meeting.



8) The UNR and TMCC Committees both requested clarifica-

tion on whether the Handbook procedures or the UCCSN

Code were applicable in regard to these matters. Gen-

eral Counsel Klasic indicated that this issue was

addressed in his opening remarks.



9) The UNR Committee indicated that there ought to be a

victim's rights provision, but agreed that UCCSN would

allow the Affirmative Action Officers to monitor these

cases and if an advocate or advisor is provided as a

support person that would automatically take care of

this issue.



10) The UNR Committee felt that UCCSN ought to suspend

without pay the accused during the preliminary trans-

mission of the complaint from the Affirmative Action

Officer to the President for disciplinary action.

General Counsel Klasic indicated that under the U. S.

Supreme Court ruling of "Cleveland Board of Education

vs. Loudermill", the UCCSN cannot suspend without pay.

There needs to be a due process hearing held first.



The TMCC Committee indicated that perhaps the suspen-

sion should be with pay. General Counsel Klasic re-

ferred to a couple of court cases that indicated that

in addition to a property right there is also a "liber-

ty" interest, that when a person's reputation has been

challenged by an accusation of wrongdoing which could

affect that person's future employment, action cannot

be taken without a due process hearing. The proposed

language states that the accused would be placed on

administrative leave with pay for which a due process

hearing would be held within 10 days.



11) The UNR and TMCC Committees were concerned with the

provision regarding the separation of the victim and

the accused. General Counsel Klasic stated that the

proposed language is flexible in this regard. It

may be proper, in some instances, to remove the victim

from the situation and then again, it may be proper,

in other instances, to remove the accused.



12) The UNR Committee was concerned about the formal res-

olutions or settlements that are reached. General

Counsel Klasic indicated that settlements are very

vital and important in reaching conclusions. It is

his policy to always consult with the victims and to

always take their wishes into consideration in reach-

ing the conclusions. If any settlement is reached

that is unacceptable to the victim, that victim always

has the right to file a complaint with the Nevada Equal

Rights Commission, the Office of Federal Contract Com-

pliance Programs of the Department of Labor and the

Office of Civil Rights, without expense to that victim

to have an investigation.



General Counsel Klasic recommended that the proposed changes

to the Handbook, Title 4, Chapter 8, Section 9, and to the

UCCSN Code, Chapter 6 be adopted.



Dr. Derby agreed with General Counsel Klasic that these

changes needed to be made, but felt that there is still

much revision to the UCCSN Code that needs to be done. She

invited members of the Campus Advisory Committees to address

the Board at this time with their concerns.



Dr. Helen Jones, Director of Women's Center at UNR, suggest-

ed that students should be included in a meaningful way in

this process, such as on the hearing committees. She also

suggested that the Board direct each institution to develop

a sexual harassment policy that sets out what that institu-

tion is going to do that it can be responsive to the local

needs of those institutions and conform to the process. She

felt that by having a support person for the victim to help

explain what is actually happening would remedy the power

imbalance that students and staff often feel. She mentioned

that Chapter 6 is a limited provision, but under Chapter 8

it could address a pattern and practice of harassment over

a period of time and often will make for a stronger case.

She suggested that both procedures be explained to the com-

plainant and that an amendment be made to the proposed lan-

guage that the decision is made in consultation with the

complainant. She suggested that a presumption statement be

written into the proposed language that would relay that

every effort will be made to transfer the accused person

and that the complainant is not always the person who is

transferred.



Dr. Jackie Kirkland, Dean of Student Services at TMCC,

stated TMCC's Committees felt very strongly about the sup-

port person that would be assigned to the complainant and,

in addition, would have the additional responsibilities of

helping to monitor the case, such as timelines, following

procedures, advising the complainant of the progress of the

case and ensuring that the process continues, if necessary.

She suggested that an independent advisor be selected from

a pool of faculty (6-8 persons) who would be trained and

selected by the Committee on Status of Women. The complain-

ant or the Committee would select this independent person

and would not involve any additional funds. She felt that

there is a need for education on the Campus as to what the

procedures are and what rights and responsibilities and/or

limits either the victim or the accused may have in the

case. She suggested that they may be the responsibility

of the independent advisor. Dr. Kirkland stated that TMCC

is very concerned about the providing of protection for the

victim from further harassment or retaliation in the very

early stages of the complaint process, particulary with

repsect to students. She recommended that the Board direct

the Campuses to develop and formalize a plan for dealing

with sexual harassment to include some of the points that

have been discussed as well as to specify that this pool of

internal independent advisors be educated and be brought

along to work with the victims and that students be made

aware of the process on the Campuses. It should be publi-

cized through posters or catalogs or whatever means neces-

sary. She also recommended that the changes that have

been proposed be adopted at this Board meeting and that

the additional changes be dealt with at either the June or

the August Board meeting.



UNR Faculty Senate Chairman Ellen Pillard commended General

Counsel Klasic for the proposed changes in the UCCSN Code,

Chapter 6, and for the input he had enabled the faculties

to lend to this process. She stated that it was her under-

standing that all of the Faculty Senates have supported UNR

in its concern about the records provision, Section 6.15,

in which the Hearing Officer's report is made public. Since

this section of the UCCSN Code deals with a variety of

grievances, not just sexual harassment, many of the griev-

ances are not matters of public interest. She felt there

are a lot of ways that risk personal and confidential in-

formation if names are simply deleted from the report. For

example, if there are only three faculty members in a De-

partment, one could possibly be identified even if the name

were deleted from the report. She suggested that in regard

to the release of statistics as it relates to sexual harass-

ment, she wanted it clarifed that it is not "summary" sta-

tistics. The public, UNR and the Board of Regents has a

right to know summary information about the number of

complaints, resolution of complaints that clearly protects

the confidentiality of those involved, however, is it nec-

essary to identify the disciplined person? She urged the

Board of Regents to pass the proposed language, with the

exception of Section 6.15 until better language is develop-

ed.



General Counsel Klasic agreed with Mrs. Pillard that by

just releasing the document one could do a great deal of

damage to a person who is found not guilty. He explained

that the released document would include the decision and

the report explaining as to why this person was found not

guilty.



General Counsel Klasic stated that the proposed language

represents almost word for word the current case law on

open records in the State of Nevada relative to closed

investigations. It would be irresponsible to ignore this

language.



Mr. Klaich requested General Counsel Klasic to report back

to the Board on the issue of statutes of limitations as to

what other agencies have utilized. He felt that the stat-

utes of limitations are not necessarily to protect anyone

or to disadvantage anyone, but rather to interject a timely

resolution to the problems.



Mr. Klaich requested further explanation of the Open Meet-

ing Law and the Open Record Law, and General Counsel Klasic

explained that the Open Meeting Law contains a specific

statute which states that when a meeting is held, a public

body is required to write minutes. In a personnel ses-

sion, the statute then specifically states those written

minutes are confidential. This statute protects the per-

sons involved. However, there is no protection under the

Open Record Law. It states that all public records are

open, but it does not define a public record. This is

where the determination by the "judge-made laws" comes into

play. The courts have determined that while the investiga-

tion is in progress, privacy is maintained, but once the

investigation is over and there is no danger to anyone of

criminal prosecution, then it becomes open.



President Gwaltney questioned the legal liability of the

support person that attends the hearing committees and

would these persons be protected? He also questioned

whether UCCSN has any responsibility to defend those in-

dividuals who conduct themselves in a fashion unbecoming

to established procedure, such as leaking information on

the case. General Counsel Klasic responded that as long as

the support person is behaving in the scope of public duty

and is acting properly at the hearing, he is protected. He

stated that the support person is privileged from suit as

long as he is actively paid, and protected from suit in the

sense that he will be defended by the institution. However,

if a person violates the policy and releases a document

that ought not to be released, that person will not be de-

fended and will probably be disciplined.



Dr. Derby questioned whether action on Section 6.1 could be

delayed after the May 20 Legislative Study Committee meet-

ing which General Counsel Klasic previously mentioned would

be held to discuss the Open Record Law. General Counsel

Klasic responded that it probably wouldn't do UCCSN any

good to wait. He felt that the proposed language is the

law as it stands right now and he would advise releasing

documents right now because of the Nevada law, despite

the current UCCSN Code policy.



It was General Counsel Klasic's understanding that the

Nevada Press Association is amenable to the concept that

personnel records are to be confidential.



Chairman Sparks entered the meeting.



Dr. Derby questioned Section 6.12.3 which refers to the ap-

pointment of the Special Hearing Committee with 15 faculty

members, both academic faculty and administrative faculty,

and whether there is a guarantee of balance between the

constituents on that Committee. General Counsel Klasic

responded that sometimes it is difficult to find people

who would be willing to serve on the Committee, and that

once the 15-25 persons are located it is the responsibility

of the Faculty Senates to determine whether it is a bal-

anced group or not. Then the 9 persons are selected random-

ly. These 9 persons go before the defendant's attorney and

complainant's attorney, who then exercise the peremptory

challenges of selecting two apiece, making it a 5 person

Hearing Committee. He once again reminded the Board that

this Committee not only addresses sexual harassment cases,

but all disciplinary cases.



President Crowley indicated that UNR's Bylaws will be forth-

coming to the Board to increase the size of the panel and

that the Bylaws already provide for a balance between ad-

ministrative faculty and academic faculty.



General Counsel Klasic stated that he had a difficult time

devising different panels for different disciplinary cases.

Dr. Derby suggested that language be developed that under-

scores the importance of a balanced Committee as a matter

of guidance. Dr. Derby clarified that when she refers to

"balance", she means gender balance. Dr. Derby stated that

a gender balance is particularly important to sexual har-

assment cases. It was also suggested that in such cases

as student sexual harassment, students should serve on the

panel as well.



Dr. Derby stressed the importance of the Affirmative Action

Officer and staff to be sensitive and supportive to victims

who come forth with complaints, although their primary

responsibility is institutional compliance. Mr. Klaich felt

that maybe the Affirmative Action Officers are not trained

to emotionally assist victims, and that if an ombudsman or

support person is selected UCCSN should be very careful who

it selects and how they are trained before liability is

questioned for that person and the institution. He is not

in favor of giving the Affirmative Action Officer additional

responsibilities. General Counsel Klastic indicated that he

would be able to provide a UCCSN Code change at a later

meeting.



Dr. Derby felt that the action taken at this meeting and at

the June Board of Regents' meeting regarding the UCCSN Code

changes is not an end to these issues, but will be an on-

going process. She felt that some of the issues may be

brought before the Status of Women Committee, working in

conjunction with the Campus committees.



Mr. Klaich moved approval of the amendments to the UCCSN

Code, Chapter 6, Rules and Disciplinary Procedures for

Members of the University Community, and to the Regents'

Handbook, Title 4, Chapter 8, Section 9, Grievance Proce-

dures as Related to Equal Opportunity. Mrs. Gallagher

seconded.



Mr. Klaich requested General Counsel Klasic to prepare a

list of refinements to the changes on the basis of the ques-

tions raised by the various Campus committees and Board

members that were brought forth during the discussion.



USA President Debi Green asked the Board to reconsider the

approval of UCCSN Code 6.12.3 (a) and (c) by removing the

proposed language requiring that if a student is involved

in the action that a student representative be on the

Hearing Committee, or if a graduate student is involved,

a graduate student representative. General Counsel Klasic

stated that he had difficulty with the suggestion for the

following reasons:



1) It was complained that in a previous matter, a facul-

ty member could not be judged by a panel of his peers

if a student was on the Committee, and



2) In structuring the panel so as to guarantee that a

student serve on the Committee, that would cause dif-

ficulty when the "balancing" of the Committee, as dis-

cussed earlier. (If peremptories are exercised there

is a change that the student may be exluded from serv-

ing on the Committee.)



General Counsel Klasic also stated that there is no guaran-

tee that UCCSN can get a student to serve because of con-

flicts with class schedules. Faculty will be released from

their duties to serve on the Committee, but with students

it is difficult because of class exams or class schedule

conflicts or Summer break. The motive behind these pro-

posed language changes is to speed the process, and by

including a student it may in fact delay the process.



ASTM President Charlie Covington strongly felt that a stu-

dent should serve on the Hearing Committee. The protection

of the student and faculty is equal.



Dr. Derby stated that she felt very strongly about the stu-

dent involved when his/her fate is involved in the outcome

of the hearing. She requested that this issue be addressed

at the next meeting.



Mrs. Berkley voted no on the above motion. Motion carried.



Chairman Sparks resumed the gavel; Dr. Hammargren left the meet-

ing.



14. Approved Handbook Change, Program Review, UCCSN



In April, 1992, the Board of Regents' Academic Affairs Com-

mittee recommended an amendment to the Handbook, Title 4,

Chapter 14, Section 3, Program Review, to provide for an

annual report to the Board on existing program review and

allow for additional program reviews as the Board of Re-

gents deems necessary, as contained in Ref. D, filed in

the Regents' Office.



Mr. Klaich moved approval of the Handbook change regarding

Program Review. Mrs. Gallagher seconded. Motion carried.



15. Approved Handbook Additions, Articulation, UCCSN



Approved additions to the Handbook, Title 4, Chapter 14,

Sections 14.2, 18.3, 15.2 and 11.2, as contained in Ref.

E, filed with the permanent minutes.



At the Board of Regents' Workshop on Articulation held in

April 1992, 4 recommendations were proposed by the UCCSN

Articulation Board to enhance the transfer process and

increase communication among all Campuses.



Mrs. Gallagher moved approval of the Handbook additions

regarding Articulation. Mrs. Berkley seconded. Motion

carried.



16. Approved Spring 1992 Enrollment Report



Mrs. Karen Steinberg, Acting Vice Chancellor for Academic

Affairs, presented the official Spring 1992 and 1991-92

net annual enrollment reports, as contained in Ref. F,

filed with the permanent minutes.



The Spring enrollment report shows the UCCSN continuing to

grow faster than it had been forecasted. For full-time

equivalent (FTE) enrollment, the UCCSN grew 10.6% from

Spring, 1991 to Spring, 1992. She noted that the percent-

age increase in FTE enrollments is greater than the per-

centage increase in headcount enrollments, which indicates

more full-time students are enrolling at UCCSN. This is

becoming a "trend" for UCCSN. She cautioned the Board that

the headcount enrollment format is still in a transition

stage and that her office is still in the process of re-

trieving greater detail from the Campuses. Mrs. Steinberg

reviewed the following State supported headcount and FTE

enrollment figures for each institution as follows:



Spring 1991 Spring 1992 Change



UNR FTE 7,843 8,283 5.6%

Headcount 10,841 10,853 0.1%

UNLV FTE 11,273 12,097 7.3%

Headcount 16,859 18,039 7.0%

CCSN FTE 5,183 6,525 25.9%

Headcount 14,453 16,336 13.0%

NNCC FTE 788 912 15.7%

Headcount 2,461 2,965 20.5%

TMCC FTE 3,256 3,622 11.2%

Headcount 8,717 9,413 8.0%

WNCC FTE 1,683 1,770 5.2%

Headcount 5,203 4,929 -5.3%



Vice Chancellor Sparks stated that there has been a 9.5%

increase over the budgeted enrollment figures and estimated

that some 800 more students than were budgeted entered the

UCCSN institutions.



Dr. Hammargren returned to the meeting.



Upon questioning, Vice Chancellor Sparks indicated that

UCCSN is approximately 40 faculty positions added and ap-

proximately $2 million short this fiscal year. The added

student fees from the increased enrollments will be help-

ful in meeting these discrepancies.



Dr. Eardley moved approval of the Spring 1992 Enrollment

Report. Dr. Derby seconded. Motion carried.



17. Approved Handbook Addition, Anti-Drug Policy



Approved an addition to the Handbook, Title 4, Chapter 3,

Section 27, Anti-Drug Policy, as contained in Ref. H, with

amendments to remove the word "alcohol" throughout the docu-

ment, and to replace the word "must" with the word "may" in

paragraph 7.



Mr. Klaich moved approval of the Anti-Drug Policy as amend-

ed. Mrs. Gallagher seconded.



UNR Faculty Senate Chairman Ellen Pillard stated that UNR

has its own policy which is much different than the pro-

posed language. She felt that the proposed language was

punitive and that paragraph 7 language weighted on pun-

ishment.



General Counsel Klasic stated that the proposed language

was adopted from the U. S. Congress and Nevada Legislature's

language, and emphasized that every State agency must have

a stated policy; it is required by law.



Discussion was held regarding the word "alcohol", and Mrs.

Gallagher stated that, to her knowledge, drug treatment

centers consider alcohol as a drug, and it is the most

often abused drug in our society.



Mrs. Steinberg informed the Board that in order to obtain

Federal grants, it is absolutely necessary to have this

policy in place.



Motion carried.



Mrs. Gallagher left the meeting.



18. Approved Land Acquisition/Land Use Plan



Regent Hammargren requested the Board to reconsider its

motion on providing funds for a developmental plan for BLM

land and to expand the motion to include acquisition of the

property. The land in question is now owned by Clark County

and is located at the end of the runway of the Las Vegas

Airport.



Dr. Hammargren stated that several developmental corpora-

tions in Las Vegas have contributed to this project: The

Collins Brothers firm; ESI Engineering Inc.; Americana

Realty; Jones, Jones, Close & Brown; and attorney David

Crosby. He stated that Mr. Crosby has been coordinating

the petitioning process with the County.



The law firm of Robert A. Fielden, Inc. has been hired by

the State Public Works Board to provide information on

UNLV's comprehensive master plan. The process undertaken

included interviews with the faculty, students, neighbor-

hood citizens. The physical master plan will, of course,

be driven by the academic master plan.



Dr. Hammargren stated, "In all probability, based on exist-

ing land use ratios and the size of current buildings an-

ticipated for FTE's of beyond 20,000 might have to be

served through satellite Campuses." He suggested that

such programs as research, continuing education and con-

ference centers be located at peripheral sites. At this

time, UNLV is in a land-lock situation. The University

Park concept would help relieve this situation. Dr. Hammar-

gren envisions the University Park as a research park, with

the Spruce Goose Museum as an attraction.



The need to address the Spruce Goose acquisition is that

the application to Disney and the Aero Club of California

must be in by May 15, 1992, which is a separate issue

from the land acquisition.



Dr. Hammargren stated that an additional piece of property

(56 acres) for an aerospace museum has been donated to

UCCSN. He mentioned that he has received numerous letters

of support for the aerospace museum to be located in the

Las Vegas area.



Chairman Sparks questioned where the designated future

parking would be developed in relation to the future Uni-

versity buildings for classroom and research, and Dr.

Hammargren stated that there are 118 acres (half of the

present size of UNLV Campus) and that he was just showing

the various options available.



Chairman Sparks questioned if this land has been cleared for

human habitation, and Dr. Hammargren responded that there

were legal problems that were holding up the petitioning

process - a civil war script stating that the land belonged

to someone else, but this has just been settled in the

Federal courts. In regard to the noise level, the project-

ed site for classroom buildings is less noisy than the

UNLV Campus. He clarified that the proposed land was never

at the end of a airport runway. If the Spruce Goose is

not obtained by UCCSN, the land would be designated for

other University development projects.



President Maxson stated that UNLV is very interested in

obtaining additional land. If UCCSN could obtain the land

without the commitment to produce the Spruce Goose within

a period of time and without any financial commitment, UNLV

would be very interested in the land. He suggested that

UNLV pursue this land, without financial obligations, and

make request for educational purposes.



Dr. Hammargren stated that the U. S. Congress is deliberat-

ing about establishing a Smithsonian West, and he suggested

that this land could be a possible site.



Chancellor Dawson requested clarification on the motion for

providing funds for the development plan. He requested that

the Board of Regents' money be available to spend in pur-

suing the acquisition of this property, not just for a land

use development plan. The previous motion was very restric-

tive to just the development of the land use portion.



Chairman Sparks indicated that the Board of Regents have put

forward $10,000 and UNLV has put forward $10,000 for pur-

suing the land.



Dr. Hammargren moved approval of the money already allocated

be used for acquisition of the land with UNLV to pursue the

land acquisition. Mrs. Berkley seconded. Motion carried.



General Counsel Klasic mentioned the statement in a letter

from Robert L. Mc Caffery, filed in the Regents' Office

about pursuing the land and getting Howard Hughes Flying

Boat (Spruce Goose). General Counsel Klasic did not in-

terpret the above motion as authorizing the Board to obtain

the Spruce Goose. It is his understanding that the motion

is for using the money to acquire the land for whatever

proper purpose this Board will later determine. Chairman

Sparks confirmed, but added that UNLV will seek acquisition

of the land on behalf of the Board of Regents.



The open meeting recessed at 4:07 P.M. and reconvened at 8:15

A.M. Friday, May 15, 1992, with all Regents present except

Regents Berkley, Foley and Whitley.



19. Approved an Easement, CCSN



Approved a Grant of Easement for drainage purposes on CCSN

Henderson Campus. General Counsel Klasic recommends ap-

proval upon review of documents.



Mr. Klaich moved approval of the easement for drainage pur-

poses on CCSN Henderson Campus. Mrs. Gallagher seconded.

Motion carried.



20. Information Only: Discussion of Regent Committees



The Board discussed a possible Bylaw change regarding the

Status of Women Committee. General Counsel Klasic presented

three alternative drafts, filed in the Regents' Office, and

recommended that the Board accept Alternative 2. He ex-

plained that Alternative 2 represented the spirit and intent

of Article VI of the Bylaws to restrict standing committees

to Board membership only, while also allowing a format by

which non-Regents could advise the Regents on important

issues. It is similar to the Board's Research Affairs Com-

mittee's structure.



General Counsel Klasic explained that he did not favor

Alternate 3 because of the possibility that non-Regents,

acting together or in alliance with a minority of Regents

on the Committee, could outvote a majority of Regents on

the Committee, thereby imposing their views on both the

Committee, and ultimately, the rest of the Board.



Standing committees are committees of the Board and it

would be improper, in General Counsel's view, for non-

Regents to dictate the Board's agenda.



General Counsel Klasic commented that Alternative 1 repre-

sents the committee structure used for all the Board's

standing committees, except the Research Affairs Committee.



Mr. Klaich moved approval of Alternative 3 as drafted by

General Counsel Klasic, with the numbers "8" in the first

blank and "4" in the second blank. Dr. Derby seconded.

Motion carried.



General Counsel Klasic requested that this approval be con-

sidered as the first reading of a change to the Regents'

Bylaws. His request was granted.



21. Information Only: Discussion on Foundations



General Counsel Klasic reported on UCCSN/Foundation rela-

tions. His report is filed with the permanent minutes.



He stated that there have been several questions raised

in the media about the relationships between the institu-

tions of the UCCSN and their supporting foundations. As

a result of these questions, he gave opinions on the fol-

lowing, which can be reviewed in further detail in his

report, filed with the permanent minutes:



1) The effect of the Ethics in Government Law on the

operations of, and the relationships between, the

UCCSN institutions and the foundations.



2) Whether the foundations were private corporations or

public agencies subject to the laws generally govern-

ing the operations of public agencies.



At the suggestion of Chairman Sparks, General Counsel Klasic

called a meeting of UCCSN institutional Presidents, finan-

cial officers and foundation contacts for the purpose of

receiving input in order to enable him to reach some con-

clusions leading to an opinion on these matters. This

meeting was held at the System Administration Office in

Reno on May 11, 1992.



General Counsel Klasic reached the following conclusions:



1) The foundations should not be making direct payment of

funds to support UCCSN programs or employees. To pre-

vent violations of the Ethics in Government Law and to

ensure the Board's constitutional control over the

administration of the State University, foundation

funds should be donated to the Board of Regents and

the Board of Regents should be responsible for the

disbursement of the funds in accordance with the con-

ditions of the gift.



2) The foundations are private, non-profit corporations

and as such are not subject to the requirments of the

Open Record Law, the Open Meeting Law, the State person-

nel laws, the State and University purchasing regula-

tions or any of the other laws and regulations appli-

cable to government agencies. At the same time, how-

ever, it might be the better part of wisdom for the

foundations to voluntarily disclose nonsensitive

records pertaining to their support of UCCSN programs

and employees.



Dr. Eardley stated that the reason why UCCSN has establish-

ed institutional foundations is to generate private money

for Campus projects that normally would not receive State

funding. He questioned who was the ultimate authority

over the foundations, whether it's the Regents, Presidents

or others. He stated that he is very concerned about the

reporting methods in regard to actual gifts or pledged

gifts. He requested a standard reporting system for all

foundations within the System. He stated that if the

institutions are spending donations without the acceptance

of the gift by the Board of Regents, it is going against

the System's policy. Foundations should not be spending

money that has not been formally given to the institutions

and accepted by the Board of Regents. In addition, he

felt that there should be a more standardized method for

allocating perquisites to Presidents of the institutions,

such as housing allowance, car allowance, etc.



Mr. Klaich complimented General Counsel Klasic for a superb

job relating to the foundations which resulted in an ex-

tremely positive outcome. He felt that this was a posi-

tive discussion in a negative context. He stated, "I

believe we're having this discussion because of a mean-

spirited attempt to discredit Bob Maxson by somehow im-

plying that he was profiting by this foundation or re-

ceiving funds that had not been approved by the Board,

which is absolutely untrue." He resented the implications

to the contrary and further stated, "I think there has been

a cloud cast over these foundations that somehow they are

clandestine organizations that are pulling the strings of

the University, which I categorically reject." The reason

for foundations to be in existence is to harness the enor-

mous energies of the communities that the System institu-

tions serve to better those institutions, which they have

served well and have had enormous success. He felt that

the Board should be thanking these individuals publicly

rather than casting aspersions at what they are doing. He

extended his thanks to all the foundation officers for

doing exactly what the Board has instructed them to per-

form, which is to make our institutions better for our

students to learn. He recommended approval of General

Counsel's recommendations as contained in the report.



Chairman Sparks recommended that an ad hoc committee be

established to create a specific reporting form that is

universally used among all of the foundations in order

to receive funds. She noted that a list of gifts is

presented to the Board of Regents' at each meeting for

its acceptance.



Mrs. Gallagher also resented the implications that have

been directed to the Presidents and the foundations, be-

cause they have performed exemplary work. "It is incumbent

upon this Board of Regents to be very supportive of the

foundations and the people who work for the foundations."

She commended General Counsel Klasic for an excellent re-

port. She recommended that the recommendations which

General Counsel Klasic proposed should be approved by the

Board. She stated that she resented the amount of time

that the Board has spent on these issues when there are

so many other very important issues to address.



Chairman Sparks directed the Chancellor to inform the

foundations of the recommendations proposed by General

Counsel Klasic and to establish an ad hoc committee to

address the foundation issues. General Counsel Klasic

stated that he expected full cooperation from the founda-

tions in regard to his recommendations.



Dr. Eardley stated that he is very supportive of the

foundations and that anything he said was for clarifica-

tion purposes, not to attack the foundations.



22. Approved Handbook Addition, Bylaws, UNLV



Approved an addition to the Handbook, Title 5, Chapter 6,

Section 4.6, Faculty Senate Committees Authorized at UNLV,

as contained in Ref. J, filed in the Regents' Office.



Dr. Eardley moved approval of the Handbook addition regard-

ing UNLV Bylaws. Mrs. Gallagher seconded. Motion carried.



23. Approving Naming of Building, UNLV



Approved the naming of the College of Health Sciences build-

ing the Rod Lee Bigelow Health Sciences building at UNLV.

President Maxson stated that Mr. Bigelow has donated a $1.5

million grant to the UNLV Foundation for this purpose.



Dr. Eardley moved approval of the naming of the College of

Health Sciences building the Rod Lee Bigelow Health Sciences

building at UNLV. Mrs. Gallagher seconded. Motion carried.



24. Approved Lease of Land, Sports/Medicine Facility, UNR



Approved the leasing of land for a Sports/Medicine Facility

at UNR. The Reno Orthopedic Clinic (ROC) is currently

negotiating with the University of Nevada, Reno to build

a Sports/Medicine Facility on the Campus. This Facility

would work in cooperation with the University academic

Departments and would build and remodel some facilities for

the Athletic Department. This Facility would be located

on the University property which would be leased to the

clinic for $1 a year. After a period of time, the building

would become the property of the University. The initial

proposal for the Sports/Medicine Facility was distributed

and is filed in the Regents' Office.



Chancellor Dawson requested permission to seek approval

for the project from the Interim Finance Committee and the

State Public Works Board.



Mr. Buz Moore, Physical Therapist, spoke in opposition to

the project. He felt that UNR would lose a great deal,

such as referral for profit, which would mean that local

physicians would not gain from patient referrals.



He further stated that he was a great fan of UNR and would

seek help from the Wolf Pack Boosters to aid UNR in build-

ing a new training center. He further stated that rehabil-

itation is a multi-dollar business and if the Board should

allow this transaction to transpire, the ROC would take

business away from other physical therapists in the area.



Mr. John Sandi, ROC's attorney, stated that his client,

ROC, has been involved with student athletes over the years

and has funded a trainer to work with high school person-

nel. He felt that it would be in the best interest of the

University to work with ROC in light of the institution

moving into NCAA's Division I category. He clarified that

ROC will not be the sole provider, but that other physicians

and physical therapists can be included.



Upon questioning, Vice President Ashok Dhingra explained

that 1/2 of the proposed building would be used by the UNR

Athletic Department and the other half (7000-8000 sq. ft.)

would be utilized as a medical clinic and office space,

x-ray facilities, and neck/spine/extremity rehabilitation

facility.



Mrs. Gallagher questioned whether the student athletes

would have a right to choose his/her own physical thera-

pists, and Mr. Sandi responded that there will be no ex-

clusive contract for ROC and that Dr. Jerry Dales, Team

Physician, has stated that he will cooperative with ROC.

Mr. Sandi also stated that UNR will have ultimate authority.



Dr. Eardley posed the following questions:



1) With the Board of Regents being a public body, can

other agencies be involved, other than ROC, to lease

land from a public institution?



2) What is referral for profit? And how does it correspond

with State laws regarding monopolies?



3) Who initiated this proposal?



Vice President Dhingra responded to questions 1 and 3 by

stating that, yes it has been done before and approved by

this Board and the Governor; and it was a joint effort by

the two entities, although it was initiated by ROC.



Mr. Moore explained that referral for profit is when a

physician refers a patient to another office and receives

a profit. He does not condone referral for profit.



President Crowley stated that this project is a high

priority for the UNR Athletic Department.



It was explained that the student athlete who is injured

is covered under an insurance policy provided by UNR.



President Crowley stated that before any steps were taken,

concerns were raised how Dr. Jerry Dales, Team Physician,

would react. Athletic Director Chris Ault spoke with Dr.

Dales and the project was explained to him and he was told

that UNR very strongly wishes to continue working with Dr.

Dales. President Crowley stated that if Dr. Dales disagreed

with the arrangement, he would be inclined to reject the

proposal, however, Dr. Dales did agree. (Dr. Dales volun-

teers his time to the team.)



After a lengthy discussion, Dr. Derby stated that she felt

she needed more information before voting on this issue.

She felt that it was a good will of community, but it had

created much tension and she did not feel comfortable with

making a decision at this time.



Mr. Klaich stated that he, too, was concerned by the com-

ments made regarding this issue. He informed the Board that

he is good friends with both Mr. Moore and Dr. Dales, but

noted that only one person has spoken against this proposal.

Mr. Klaich stated that he has spoken directly to Dr. Dales

who did not speak against this project. It was noted that

ROC will work with the University School of Medicine to

plan a Sports/Medicine Program; the Physical Education

Department to establish a joint Bio-Mechanical Program;

and the College of Human and Community Sciences to enhance

the Physical Therapy Program. Mr. Klaich stated that this

was a tremendous step forward for the Sports Program at

UNR, and he strongly supported the proposal submitted by

ROC and urged the Board to approve the proposal.



President Crowley stated that the final documentation will

be reviewed by General Counsel Klasic and signed by the

Chancellor, if approved.



Mr. Klaich moved approval of the proposed Sports/Medicine

Facility at UNR. Mrs. Berkley seconded.



Dr. Hammargren questioned what the actual land was worth

and what the actual investment would be on this property.

He requested a sounder proposal be brought before this

Board before approval.



President Crowley stated that the Board has entrusted the

Chancellor to make sound business practice decisions. And

he assured the Board that ROC will pay its share of expens-

es, such as utilities, etc.



Dr. Rick Mullins, orthopedic physician, stated that he has

worked with Dr. Dales. He stated that he was concerned

about this proposal. UNR has a good medical group working

with them now, and he would hate to see it jeopardized. He

indicated to the Board that Dr. Dales is concerned about

this project, although there is no other medical group the

size of ROC that could make such an offer to UNR.



Mr. Sandi reiterated that the documentation would be non-

exclusive, that Dr. Dales will remain as UNR's Team Physi-

cian, that the student athlete could choose his/her own

physician, that there would not be time arrangement, that

this is a charitable gesture on the part of ROC, and that

it will be a totally ethical proposal.



Chairman Sparks asked President Crowley if this issue could

be delayed until further information is received, and Pres-

ident Crowley stated that he is aware of the concerns pro-

posed by the community, but did not feel it was necessary

to survey every physician in the area regarding this issue.

He believes that this proposal is in the best interest of

UNR and would hate to miss this opportunity.



It was clarified that the student athlete would probably

not have the opportunity to choose a physician during an

emergency, but would be able to choose a physician for

rehabilitation and minor injuries. President Crowley

responded to a question that UNLV does have a MS in Physi-

cal Therapy and it was his understanding that it has

received over 300 applications for admission to the pro-

gram, with several applications from the northern part of

the State. UNR has a Bachelor of Science Program and is

hopeful that someday UNR can establish a Masters Program

in Physical Therapy.



Mrs. Berkley stated that she would vote in favor of the

proposal because it demonstrates a new and creative way

to build new buildings on the Campuses. It is a marriage

between the private sector and the University.



Chairman Sparks requested that the final documentation be

brought before the Board for its approval. General Counsel

Klasic stated that UNR will have the option to purchase the

building after 50 years and if it is unable to do so, then

ROC can lease it back to UNR.



Regents Derby and Hammargren voted no. Motion carried.



Chairman Sparks indicated that Chancellor Dawson would

report back to the Board after he meets with the Interim

Finance Committee.



25. Approved Concept of Waiver of Out-of-State Tuition, UNLV



Approved in concept to waive out-of-state tuition for

Navajo students on the Navajo reservation who are recom-

mended by Mr. Peterson Zah, President of the Navajo Nation,

and meet UNLV admission requirements.



General Counsel Klasic did not recommend approval. To adopt

this policy would open the University of Nevada to a reverse

discrimination suit. Under the U. S. Supreme Count's de-

cisions, preferences can be shown to minority groups only

when there has been a history of discrimination by the

institutions against the minority group in question. Pref-

erence in that case is needed to offset the discrimination.

The discrimination must be specific. General Counsel

Klasic is unaware of any history of specific discrimination

by the University of Nevada against Navajos. General Coun-

sel Klasic also stated for the record that the agreement

is addressed to the "System" and suggested that input from

other institutions is necessary.



President Maxson explained that the Navajo Nation is 250,000

strong and it has made similar arrangements with other Col-

leges around the country. He projected that approximately

10-15 students per year would take advantage of this pro-

posal. It would provide a cultural diversity on the Campus

and felt it was a positive matter, although he deferred his

remarks to General Counsel Klasic's legal concerns.



General Counsel Klasic recommended denial of the request.

He mentioned that Nevada does not even have a Navajo Reser-

vation. He cautioned the Board that if all factors are

equal, then the minority background could be reviewed, but

it does not meet the requirements. He stated that there

were other ways to approach this issue.



Dr. Hammargren questioned whether there were any scholarship

funds that could be designated to the Navajo Nation, and it

was stated that there was a "Native American Scholarship"

fund.



President Peterson Zah thanked the Board for the opportunity

to address this issue. He explained that at one time the

Navajo people did not believe in formal education, but now

believes it is a way to achieve as a nation and to survive.

There are government agreements in Arizona, Utah and New

Mexico that waive out-of-state tuition. The Navajo tribe

does not have the facilities to send its young people to

learn higher education. In 1983 there were approximately

1133 Navajo students, now there are approximately 5000-6000

students.



Mrs. Berkley stated that she was in support of the request

and asked General Counsel Klasic if he had researched this

issue with Universities in other states, and he responded

that both New Mexico and Utah have the Navajo Nation within

their states and that Colorado advised not to proceed with

this request. Although there are U. S./Navajo Nation agree-

ments, the U. S. Supreme Court has its own standards - they

can and the stated government can't. In regard to WICHE,

it is a reciprocal agreement. He stated that this request

is not the way to handle this issue and he offered to report

back to the Board with other alternatives.



Mr. Klaich requested that the item be tabled and that Gen-

eral Counsel Klasic, Chairman Sparks and President Maxson

discuss this issue further and report back to the Board.



Mrs. Gallagher moved to approve in concept the waiving of

out-of-state tuition for Navajo students living on the

Navajo Reservation who are recommended by Mr. Peterson Zah,

President of the Navajo Nation, and meet UNLV admission

requirements, and that Chancellor Dawson and General Counsel

Klasic explore different ways to accomplish this request

with the assistance of Affirmative Action Officers. Mrs.

Berkley seconded. Motion carried.



Mrs. Gallagher and Mr. Klaich left the meeting.



26. Approved Naming of Building, School of Medicine



Approved the naming of the new Speech Pathology and Student

Health Service building, to be opened this Summer, in honor

of Nell J. Redfield.



The Nell J. Redfield Foundation has been a generous donor

to the School, and to the University in general. The most

recent gift, $400,000, will permit UNR to have a fully

functioning building at the time of opening.



Dr. Eardley moved approval of the naming of the new Speech

Pathology and Student Health Service building in honor of

Nell J. Redfield. Dr. Hammargren seconded. Motion carried.



27. Approved Reciprocal Exchange Program Waivers, UNR



Approved to waive the tuition and fees for the Samantha

Smith Undergraduate Exchange Program participants. The

University participates in the congressionally authorized

Samantha Smith Undergraduate Exchange Program. In recent

competition, four University of Nevada students were

selected as scholarship recipients and are spending the

Spring 1992 semester in Czechoslovakia or Poland. The

host Universities in these countries are providing free

tuition and room and board for UNR students.



As part of the Samantha Smith Undergraduate Exchange Pro-

gram, UNR is hosting four Eastern European students, two

for the Spring 1992 semester and two in the Fall 1992

semester. UNR's obligations under the program are to

provide free tuition and fees and room and board for these

students. Room and board arrangements for these students

have been made by the University. It is now requested

that UNR be authorized to waive the tuition and fees for

these exchange program participants.



Dr. Eardley moved approval of the reciprocal exchange pro-

gram waivers at UNR for the Samantha Smith Undergraduate

Exchange Program participants. Mrs. Berkley seconded.

Motion carried.



Mrs. Gallagher and Mr. Klaich returned to the meeting.



28. Approved Handbook Changes, Student Health, Fee, UNLV



Approved Handbook changes, Title 4, Chapter 17, Section 10,

Student Fees at UNLV, as outlined below. The students have

approved this increase by vote of the student body.



Section 10. Student Fees



Student Health and Accident Insurance



UNR UNLV

Optional

Annual Premium

Student Only 228 384

Spouse Only NA 622

Spouse, Pregnancy Added NA 1,244

Children Only NA 592

Student and Spouse 1,429 1,878

Student and Child 576 936

Student, Spouse and Child 1,777 NA

Each Additional Child 348 NA

Student and Children NA 1,248

Student and Family NA 2,790



Summer Session

Student Only 62 32

Spouse Only NA NA

Children Only NA NA

Student and Spouse 388 158

Student and Child 156 78

Student, Spouse and Child 482 NA

Each Additional Child 94 NA

Student and Children NA 104

Student and Family NA 232



Health Service Fee 50 20*



*$20 per semester to be assessed to all undergraduate and

graduate, full- and part-time students. Exceptions in-

clude special, continuing education and Senior Citizens

Program students. Undergraduate special students may

receive services by paying a $20 voluntary fee on the

first visit to the Center. In the event a student drops

all courses, refunds will be given in accordance with

established policy.



Mrs. Gallagher moved approval of the Handbook change regard-

ing Student Health Fees at UNLV. Mrs. Berkley seconded.



President Maxson stated that the proposed change has caused

much debate on the UNLV Campus. He explained that the UNLV

Student Health Service traditionally holds the student fees

at the lowest level possible, but health costs are rising

and it is necessary to raise the fees, but only those that

are absolutely necessary. President Maxson noted that this

issue has come before him during the last 8 years, but he

had always felt inclined to keep student fees at its mini-

mum; however, the current student body has approved the

fee increase. This issue was brought before the students

twice; once to assess a $20 per semester fee, but the ballot

was in error, so it went before the student body again with

the correction and was approved by the student body. Pres-

ident Maxson stated that upon approval by the student body,

he recommends the fee increase.



Throughout this process, an issue has arisen in regard to

using non-State funds to publicize the election. Presi-

dent Maxson explained that funds were used to prepare a

brochure throughout the Campus. The student body govern-

ment considers this as a campagin for student health fee

increase and, in addition, felt that the Student Health

Center acted on behalf of the institution's Administration,

which should not have been involved with the election proc-

ess.



CSUN President Joel Kostman stated that the student govern-

ment remained neutral in the election process and relayed

that there was a 2:1 margin in support of this increase.

However, it is his understanding that the Student Health

Center obtained funds from the Vice President of Student

Services for distribution of the information brochure.

Students have expressed their displeasure in this action,

therefore he felt it was necessary to bring this issue

before the Board of Regents.



Mr. Ken Tomory of the UNLV Student Health Advisory Commit-

tee stated that a survey was distributed to 1362 students

with the following results:



837 students would pay the increase

520 students would not pay the increase



Chairman Sparks relinquished the gavel to Vice Chairman Eardley.



Mr. Tomory stated that the intent of the Student Health

Center was not to lobby the students, but to relay infor-

mation to them so they could vote responsibly.



Mrs. Berkley stated that student health services are very

important, especially with the new Residence Halls coming

on line. She has received the brochure and felt it was

very informative. She stated that she did not enjoy rais-

ing student fees, but felt that the health services are

warranted on the UNLV Campus.



Motion carried.



29. Approved Handbook Change, Salary Schedules, UNLV



Approved a Handbook change, Title 4, Chapter 3, Salary

Schedules, UNLV, as contained in Ref. D, filed in the

Regents' Office.



Mr. Klaich moved approval of the Handbook change regarding

Salary Schedules at UNLV. Mrs. Gallagher seconded. Motion

carried.



30. Approved Handbook Change, Bylaws and Faculty Manual, DRI



Approved the Bylaws and Personnel Manual for the Faculty of

the Desert Research Institute, as contained in Ref. L and

Ref. M, respectively, filed in the Regents' Office.



These documents have been brought forward by the DRI Faculty

Senate and have its approval.



Mr. Klaich moved approval of the Bylaws and Personnel Manual

for the Faculty at DRI. Mrs. Gallagher seconded. Motion

carried.



31. Approved Handbook Changes, Early Retirement, DRI



Approved changes to the Handbook, Title 4, Chapter 3, Sec-

tion 24, University and Community College System of Nevada

Early Retirement Incentive Program, as contained in Ref. N,

filed in the Regents' Office.



Mr. Klaich moved approval of the Handbook changes regarding

UCCSN Early Retirement Incentive Program at DRI. Mrs.

Gallagher seconded. Motion carried.



32. Emergency Item: Building Plans, TMCC



Chancellor Dawson requested approval of building drawing

plans for TMCC. He explained that the Board had approved

the project, but the plans had not been submitted for

approval and the State Public Works Board could not allow

the project to continue.



Mrs. Gallagher moved approval to accept the emergency

item regarding building drawing plans for TMCC. Mrs.

Berkley seconded. Motion carried.



33. Approved Building Plans, TMCC



Approved building drawing plans for TMCC as presented.



Mrs. Gallagher moved approval of the building drawing plans

for TMCC. Mrs. Berkley seconded. Motion carried.



34. Information Only: Recommendation for Promotion or Assign-

ment to Rank, UNR



The following recommendation for promotion or assignment to

rank has been forwarded for Board consideration. This is

an information item only, with Board action scheduled for

the June 25-26, 1992 meeting.



A. University of Nevada, Reno - President Crowley recom-

mends the following promotion, effective July 1, 1992:



Robert T. King to Professor, Oral History Program,

College of Arts and Science



35. Information Only: Recommendations for Award to Tenure, UNR

and UNLV



The following recommendations for award to tenure has been

forwarded for Board consideration. This is an information

item only, with Board action scheduled for the June 25-26,

1992 meeting.



A. University of Nevada, Reno - President Crowley recom-

mends the following award to tenure, effective July 1,

1992, to the following:



Fritz Grupe, Accounting/Computer Information Systems,

Business Administration

James H. Trexler, Geology, School of Mines



B. University of Nevada, Las Vegas - President Maxson

recommends the following award to tenure, effective

July 1, 1992, to the following:



Maria G. Ramirez, ICS, College of Education



Chancellor Dawson introduced Mrs. Virginia Pickering who will

be graduating from the University of Nevada, Reno with a Bache-

lor of Arts and Science. She is the mother of staff member,

Lesie Jacques, who is also receiving her Bachelor of Arts degree.



The meeting adjourned at 11:00 A.M.



Mary Lou Moser

Secretary of the Board

05-14-1992