08/25/1994

UCCSN Board of Regents' Meeting Minutes
August 25-26, 1994








08-25-1994

Pages 132-183



BOARD OF REGENTS

UNIVERSITY AND COMMUNITY COLLEGE SYSTEM OF NEVADA

August 25-26, 1994



The Board of Regents met on August 25-26, 1994 in the Pine

Auditorium, Jot Travis Student Union, University of Nevada, Reno.



Members present: Dr. James Eardley, Chairman

Mrs. Shelley Berkley

Dr. Jill Derby

Mr. Joseph M. Foley

Mrs. Dorothy S. Gallagher

Mr. Madison Graves, II

Dr. Lonnie Hammargren

Mr. Daniel J. Klaich

Mrs. Nancy Price

Mrs. Carolyn Sparks

Mrs. June F. Whitley



Others present: Interim Chancellor John Richardson

President Anthony Calabro, WNCC

President Joseph Crowley, UNR

Interim President Kenny Guinn, UNLV

President John Gwaltney, TMCC

Interim President David Hoggard, CCSN

President Ron Remington, NNCC

President James Taranik, DRI

Mr. Donald Klasic, General Counsel

Mr. Robert Ulrich, Assistant General Counsel

Mr. Ron Sparks, Vice Chancellor

Mrs. Karen Steinberg, Interim Vice Chancellor

Ms. Mary Lou Moser, Secretary



Also present were Faculty Senate Chairmen (or their representa-

tives) Richard Finn (WNCC), Chris Gaub (Unit), Scott Hawkins

(NNCC), Dan Mc Clure (TMCC), Barbara Nelson (CCSN), Marsha Read

(UNR), James Stivers (UNLV), and John Watson (DRI), and Student

Association Officers.



Chairman Eardley called the meeting to order at 9:05 A.M. Thurs-

day, August 25, 1994, with all Regents present except Regents

Hammargren, Klaich and Sparks.



1. Approved the Consent Agenda



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

with the permanent minutes), which contained the following:



(1) Approved the minutes of the regular meeting held June

23-24, 1994.



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

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



(3) Approved a leave of absence without pay for Dr.

George Miel, Department of Mathematical Sciences at

UNLV, for the Spring 1995 semester.



(4) In accordance with Board of Regents' Handbook, Title

4, Chapter 3, Section 13, approved a 6-month exten-

sion of sick leave through January 13, 1995 for Mr.

James Mc Phee, a member of the UNLV Library faculty.



(5) Approved tenure on hire for Dr. Carol Peterson, hired

as Dean of the UNLV College of Human Performance and

Development, July 1, 1994. Tenure would be in the

Department of Sport and Leisure Studies and would be

effective upon approval by the Board of Regents.



(6) Approved the following proposed Board of Regents

calendar for 1996:



Board Meeting Dates Location



January 11-12, 1996 Las Vegas

February 22-23, 1996 Reno

April 4-5, 1996 Las Vegas (CCSN)

May 16-17, 1996 Reno

June 27-28, 1996 Elko (NNCC)

August 29-30, 1996 Reno

October 17-18, 1996 Las Vegas

December 5-6, 1996 Reno



(7) Approved a Handbook Change, Title 5, Chapter 13, Sec-

tion VI.B, Legislative Branch, CSUN Constitution at

UNLV, as follows:



Article VI.B



Composition: The Senate shall consist of 23 repre-

sentatives. Each College shall receive at least one

(1) seat. Each Independent School shall receive at

least one (1) seat. The Independent Studies Programs

shall receive at least one (1) seat. The remaining

seats shall be apportioned according to the percentage

of CSUN members enrolled in each College, Independent

School, and the Independent Studies Programs. Stu-

dents who have not declared a major shall be consider-

ed as constituting the "College of Student Develop-

ment" for representation purposes.



This change was approved by the student membership

during the general election on April 6 and 7, 1994.



(8) Approved 3 Handbook changes for UNLV as contained in

Ref. C-2, filed in the Regents' Office, which reflect

current practices at UNLV.



A. Title 4, Chapter 16, Section 16, Catagories of

Students



B. Title 4, Chapter 16, Section 18.6c, Student's

Responsibility of Notification



C. Title 4, Chapter 17, Section 8.2e, Refunds for

Exceptional Circumstances



(9) Approved Handbook change, Title 4, Chapter 17, Sec-

tion 10, Student Fees at UNLV, as contained in Ref.

C-3, filed in the Regents' Office.



The student health and accident group insurance pro-

gram is voluntary, except for international students.

The plan is bid out annually, the selection process

is managed by a committee of students and staff. Blue

Cross Blue Shield of Nevada had the program last year

and will retain it for the next year. The American

College Health Association, a professional organiza-

tion of Campus student health centers, in conjunction

with Blue Cross of Virginia, developed a model pro-

gram. With some modification, that model was adopted

for UNLV. The program enrolls about 1100 students an-

nually, approximately half of whom are internationals.



(10) Approved a Handbook change, Title 4, Chapter 17, Sec-

tion 10, Student Fees at WNCC. WNCC is requesting a

flat $10 late payment fee in order to encourage stu-

dents to pay their fees within the regular payment

period.



UNR UNLV CCSN NNCC TMCC WNCC

Late Payment Fee (any

student with an out-

standing balance at

the end of the regular

payment period)



Per day NA 25 NA NA NA 10

Maximum, regular

semester NA 250 NA NA NA 10

Maximum, Summer

Session NA 50 NA NA NA 10



(11) Approved the naming of the UNR Building building in

honor of Dr. Nazir Ansari.



(12) Approved the authorization to utilize Capital Improve-

ment Fees at WNCC in the amount of $81,900 for the

purpose of making the final payment to Nevada Bell

for the Gallery Video Teleconferencing equipment.



(13) Approved an easement for streets within Dandini Re-

search Park at DRI contingent upon final review and

approval of documents by General Counsel. The streets

will be dedicated to the City of Reno.



(14) Approved the DRI Operating Budget for FY 95, as con-

tained in Ref. C-4, filed in the Regents' Office.



(15) Approved the following Self-Supporting Budgets at UNR:



School of Medicine, Surgery

1994-95

Budget

Estimate



Resources:

Opening Account Balance $ 0

Revenue: Sales and Service 93,775

Total Source of Funds $ 93,775



Expenditures:

Professional Salaries $ 81,782

Fringe Benefits 11,993

Total Expenditures $ 93,775



Ending Account Balance $ 0

Total Use of Funds $ 93,775



International Programs, Academic Support



1993-94 1994-95

Projected Budget

Actual Estimate



Resources:

Opening Account Balance $ 4,984 $ 5,361

Revenue: Sales and Service 1,600 0

Transfers In

1201-120-1203 55,000 0

1201-120-4206 13,000 0

1200-102-1219 0 77,000

1200-102-1206 0 8,000

Total Source of Funds $ 74,584 $ 90,361



Expenditures:

Professional Salaries $ 31,829 $ 35,891

Fringe Benefits 6,048 6,819

Graduate Assistant Salaries 0 11,658

Fringe Benefits 0 140

Wages 16,300 14,625

Fringe Benefits 196 175

Travel 6,000 7,500

Operating 8,200 8,200

Sales and Service 650 0

Total Expenditures $ 69,223 $ 85,008



Ending Account Balance $ 5,361 $ 5,353

Total Use of Funds $ 74,584 $ 90,361



(16) Approved the following interlocal agreements:



A. UCCSN Board of Regents/UNR and the Department of

Human Resources/Sierra Development Center (Inter-

local Contract)



Effective Date: July 1, 1994 to June 30, 1995

Amount : $18,720 to UNR

Purpose : UNR to provide one or more UNR

Psychology doctoral candidate

students to Sierra Develop-

mental Center for Behavior

Analysis Program.



B. UCCSN Board of Regents/UNR and the Department of

Human Resources/Health Division (Interlocal

Contract)



Effective Date: October 1, 1994 to September 30,

1999 (five years)

Amount : $57,312 to UNR

Purpose : Nevada Behavior Risk Factor

Survey.



C. UCCSN Board of Regents/UNR and the Department of

Human Resources/Health Division (Interlocal

Contract)



Effective Date: September 1, 1994 to August 31,

1995

Amount : $24,220 to UNR

Purpose : Nevada Cancer Research



D. UCCSN Board of Regents/Nevada Cooperative Ex-

tension and the Department of Human Resources/

Division of Child and Family Services (Interlocal

Contract)



Effective Date: June 1, 1994 to June 30, 1995

Amount : $26,110 to Cooperative Extension

Purpose : Child Care Center Observation and

On-Site Training.



E. UCCSN Board of Regents/UNR and the Nevada Water

Authority (Interlocal Contract)



Effective Date: July 1, 1994 to June 30, 1995

Amount : $74,438 to UNR

Purpose : In-School Water Education Pro-

gram.



F. UCCSN Board of Regents/UNR and the Department of

Human Resources/Health Division (Lease Agreement

Amendment)



Effective Date: Fifty (50) years from date lease

first signed

Amount : $1.00 from Health Division to

UNR (original lease)

Purpose : Addition of 8348 square feet of

land to State Health Laboratory

building approved by Board orig-

inally in January, 1976.



G. UCCSN Board of Regents/School of Medicine and the

Department of Human Resources/Division of Mental

Hygiene and Mental Retardation (Interlocal Con-

tract)



Effective Date: July 1, 1994 to June 30, 1995

Amount : $137,710 to School of Medicine

Purpose : School of Medicine to provide

psychiatric coverage to Rural

Clinics in Carson City, Fallon

and Elko on a regular basis.



H. UCCSN Board of Regents/School of Medicine and the

Department of Human Resources/Health Division

(Interlocal Contract)



Effective Date: July 1, 1994 to June 30, 1995

Amount : $3,000 to School of Medicine

Purpose : Infectious Disease Consultation

Service.



I. UCCSN Board of Regents/School of Medicine and the

Department of Human Resources/Health Division

(Interlocal Contract)



Effective Date: Date approved by Board to

September 30, 1994

Amount : $7,500 to School of Medicine

Purpose : Conduct 2-Day Emergency Medical

Services Conference.



J. UCCSN Board of Regents/UNLV and the Las Vegas

Metropolitan Police Department (Interlocal

Contract)



Effective Date: Date approved by Board until and

unless one party serves notice

of termination, in writing, on

other party

Amount : None

Purpose : Expansion of jurisdiction and

rendering of mutual assistance.



K. UCCSN Board of Regents/NNCC and the Department

of Motor Vehicles and Public Safety (Interlocal

Contract)



Effective Date: Date approved by Board to June

30, 1995

Amount : One for $12,000; one for $4,500

to NNCC

Purpose : Motorcycle Safety Courses: (1)

Riding and Street Skills and

(2) Experienced Rider Course.



L. UCCSN Board of Regents/TMCC and the Department

of Motor Vehicles and Public Safety (Interlocal

Contract)



Effective Date: September 27, 1993 to June 30,

1994

Amount : $12,000 to TMCC

Purpose : Motorcycle Safety Courses.



M. UCCSN Board of Regents/WNCC and the Department

of Motor Vehicles and Public Safety (Interlocal

Contract)



Effective Date: July 1, 1994 to June 30, 1995

Amount : $15,000 to WNCC

Purpose : Motorcycle Safety Courses.



N. UCCSN Board of Regents/CCSN and the Clark County

District Board of Health (Interlocal Contract)



Effective Date: July 1, 1994 to June 30, 1995

Amount : $150,000 to CCSN

Purpose : Automotive Repair Technician

Training Course.



O. UCCSN Board of Regents/CCSN and Nevada Business

Services



Effective Date: June 1, 1994 through September

30, 1994

Amount : $47,100 to CCSN

Purpose : Occupational Classroom Training

in Geotechnical/Construction

Material Testing Program.



P. UCCSN Board of Regents/CCSN and the Department

of Motor Vehicles and Public Safety (Interlocal

Contract)



Effective Date: July 1, 1994 to June 30, 1995

Amount : $24,000 to CCSN

Purpose : Motorcycle Safety Courses.



Mrs. Gallagher 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. Mr.

Graves seconded. Motion carried.



2. Introductions



Interim President Hoggard introduced Ms. Barbara Agonia,

who will be serving as Assistant to the President at CCSN.

Ms. Agonia has been retired from CCSN during the past five

years and has agreed to work with the Administration at

CCSN.



Mrs. Sparks entered the meeting.



3. Chairman's Report



Chairman Eardley extended his appreciation to those members

serving on the various search committees, especially Madison

Graves, Chairman of the ad hoc Chancellor Search Committee;

Carolyn Sparks, Chairman of the ad hoc CCSN Presidential

Search Committee; Jill Derby, Chairman of the ad hoc UNLV

Presidential Search Committee; Mary Lou Moser, Secretary of

the Board; John Richardson, Interim Chancellor; and the

Chancellor's staff.



Chairman Eardley commended Interim Chancellor John Richard-

son stating that he has served the System well as Chancel-

lor. He extended his appreciation for his hard work during

this interim period.



Chairman Eardley extended his appreciation to Mrs. Karen

Steinberg for serving as Interim Vice Chancellor for

Academic and Student Affairs.



Chairman Eardley commended Interim President David Hoggard

who delayed his retirement to serve as Interim President at

CCSN and extended appreciation for his hard work during

this interim period.



Chairman Eardley commended Interim President Kenny Guinn who

came out of retirement to serve as Interim President at UNLV

and extended appreciation for his hard work during this in-

terim period.



4. Chancellor's Report



Interim Chancellor Richardson publicly announced that WNCC

President Anthony Calabro had announced to his faculty his

retirement as of June 30, 1995. President Calabro has

served WNCC as its President for the past 12 years, and

will continue as a Regents' Professor at UNR in the College

of Education, where he will teach and conduct research on

higher education policies. Dr. Richardson stated that Pres-

ident Calabro began his higher education career in 1975.

He has observed the growth at WNCC which now serves more

than 5000 students throughout western Nevada. In addition,

Dr. Calabro implemented interactive television courses in

Winnemucca and Hawthorne. Dr. Richardson extended his best

wishes to Dr. Calabro on a rewarding final year at WNCC and

on his new career path at UNR.



Dr. Derby commented on the enormous growth throughout the

WNCC service area during President Calabro's tenure. Dr.

Calabro has recognized needs in that area and has reached

out to service those areas. He has performed a fine job,

and Dr. Derby extended appreciation on behalf of the service

area.



Chairman Eardley added that former CCSN President Paul

Meacham and President Calabro will be teaching at the Uni-

versity level at the two Universities with the intent to

help the mission of the Community Colleges in Nevada. These

two Regents' Professors will certainly provide great leader-

ship at both ends of the State.



Interim Chancellor Richardson introduced Constance Howard,

Public Information Officer at the System Administration

Office. Mrs. Howard was previously employed at DRI and is

completing her master's program at UNR. Dr. Richardson

officially welcomed her to the System family.



Interim Chancellor Richardson announced that UNR will be

scheduling a viewing session of its presentation on legis-

lative relations at 8:15 A.M. Friday, August 26, in the

Sierra Room at the University Inn. He extended an invita-

tion to those who are interested in attending.



Interim Chancellor Richardson announced that recently David

Hoggard, CCSN Interim President, was honored by the Nevada

Vocational Association at its annual conference for his

outstanding support of vocational education in Nevada.



The Department of Energy has granted $1.25 million over

the next two years through EPSCoR. UNR and UNLV will work

in a collaborative effort on chemical physics, and UNR,

UNLV and DRI will be working in a collaborative effort on

carbon dioxide in the environment. The funding will be

directed to traineeships for faculty and students.



In addition, the National Institute of Health has granted

$200,000 over the next two years. The School of Medicine

has received $1.7 million in awards that have been re-

ceived in the last two weeks for stimulating research

throughout the System.



5. Report and Recommendations of the Ad Hoc Chancellor Search

Committee.



A report and recommendations of the ad hoc Chancellor Search

Committee were made by Regent Madison Graves, Chairman. He

stated that this Committee has worked long and hard, and has

looked forward to this day when it could make a recommenda-

tion to the full Board of Regents.



Before making the Committee's recommendation, Mr. Graves

extended his appreciation to the following for their in-

volvement with the Committee:



Ira Krinsky, Korn-Ferry International

Will Gates, Korn-Ferry International

Mary Lou Moser, Secretary of the Board

John Richardson, Interim Chancellor

Doug Burris, Director of Community College Affairs

Leslie Jacques, Assistant to the Secretary

Paula Frybarger, Word Processor Operator

Danny Gonzales, Research Analyst

Glen Krutz, Research Analyst

Tamela Gorden, Research Analyst

Sunny Minedew, Senior Research Analyst

Connie Howard, Public Information Officer

Sue Baker, Assistant to the Chancellor

Edy Anderson, Program Assistant

Debbie Sage, Management Assistant

Susie Bongers, Management Assistant



Mr. Graves especially thanked the members of the Committee

for their dedication.



Mr. Graves stated that it gave him a great deal of pleasure

to announce that the ad hoc Chancellor Search Committee

unanimously recommends Richard Jarvis, Ph. D., for the

position of Chancellor. The Committee believes that Dr.

Jarvis will be able to take UCCSN to the next level.



Mr. Graves moved approval of the appointment of Dr. Richard

Jarvis to the position of Chancellor for the University and

Community College System of Nevada; that a 3-year contract

be offered at $165,000 per year to include a $12,000 hous-

ing allowance, $6,000 automobile allowance, $5,000 hosting

account, moving expenses in accordance with State policy,

fringe benefits as other employees receive and $5,000 from

the Regents' Special Project Funds for computer equipment.

Mrs. Whitley seconded. Motion carried.



Chairman Eardley stated that the final contract will be

presented to the full Board of Regents.



Mrs. Price requested a follow-up report on the search proc-

ess, and that the Board address the evaluation process,

criteria and expectations for this position. Dr. Derby

agreed, but felt that it was important to allow an opportu-

nity for feed back from the new Chancellor.



Mrs. Gallagher added that the Board should meet with the

new Chancellor to set goals and discuss the Board's ex-

pectations in order to conduct an evaluation in a year.



Chairman Eardley stated that everyone should be evaluated

from the bottom to the top, and there should be a format

for this process. During the interview process, Chairman

Eardley had discussed with the final candidates the evalu-

ation process, the Board's priorities, problems and hopes

for success. Mrs. Whitley added that the new Chancellor

should be able to comment on what he expects of the Board

of Regents as well.



6. Report and Recommendations of the Ad Hoc CCSN Presidential

Search Committee.



A report and recommendations of the ad hoc CCSN Presidential

Search Committee were made by Regent Carolyn Sparks, Chair-

man. Mrs. Sparks announced that the ad hoc CCSN Presi-

dential Search Committee recommends Dr. Richard Moore for

the position of CCSN President.



Mrs. Sparks stated that she was very fortunate to have such

a cohesive group in working towards the same goal. The ap-

plication pool consisted of 99 candidates which was narrow-

ed down to 16, then to 6 semi-finalists. The Committee

chose 2 finalists, who were both extremely capable, talent-

ed, and what the Committee was hoping to find. The Commit-

tee decided to recommend Dr. Moore. Dr. Moore is currently

President at Santa Monica Community College, which is well-

known for its international program. Dr. Moore will bring

to CCSN an exciting vision with community involvement and

communications.



Mrs. Sparks moved approval of the appointment of Dr. Richard

Moore to the position of President of the Community College

of Southern Nevada at an annual salary of $118,000 with a

$6,000 automobile allowance, $5,000 hosting account, mov-

ing expenses in accordance with State policy, and fringe

benefits as other employees receive, effective October 17,

1994.



Mrs. Sparks stated that he and his wife, Susan, have young

children who they will need to get into the Clark County

School District as soon as possible. Dr. Moore has in-

dicated that he will start working with the College on the

weekends.



Mrs. Sparks extended her appreciation to Secretary Moser

and staff, Ms. Edy Penoyer and staff, the Committee members,

faculty, students and others who participated in this search

process.



Mrs. Gallagher seconded. Motion carried.



Dr. Hammargren entered the meeting.



Mrs. Sparks acknowledged those Committee members who were

in attendance: Janice Reid, Frazine Jasper, Ruell Fiant

and Autumn Keyes-Ita. She added that the students over-

whelmingly supported the recommendation of Dr. Richard

Moore.



Mrs. Gallagher informed the Board that Mrs. Connie Hoggard

volunteered to escort the wives to lunch and around the

Las Vegas area. Mrs. Gallagher extended her appreciation

for her service.



Interim President Hoggard extended his appreciation to the

CCSN Administration, staff, students and Faculty Senate for

their participation in this process. Mrs. Sparks stated

that the candidates had commented on the faculty taking

time to meet with them and they were appreciative.



Chairman Eardley called a short recess in order to inform the two

candidates of the Regents' decisions. Upon reconvening, all

Regents were present except Regent Klaich.



7. Approved Land Gift, School of Medicine



Approved, in concept, a gift of land from the City of Las

Vegas to the University of Nevada School of Medicine.



The gift is approximately 10 acres in the High Technology

Center at Cheyenne and U. S. 95. The City has requested

that the Board of Regents accept this gift in concept be-

fore they deed the property to the University of Nevada

School of Medicine. Dr. Robert Daugherty, Dean of the

School of Medicine, explained that this land will be used

to build a medical clinic and it will be associated with

the University Medical Center. In addition to a new

hospital facility and Health Plan of Nevada, there is

still a great need for medical services in this area. In

return for this clinic, the School of Medicine will be

able to help the City of Las Vegas in a joint marketing

effort to attract people to Las Vegas and the High Tech-

nology Park, and will also provide employment, and medical

services. The clinic will also provide a health education

program to help citizens learn to stay healthy.



Dr. Daugherty stated that the conditions that have been

placed on this acceptance are that it must comply with the

zoning regulations, there are no speculative deals, which

means that the School cannot sell the land nor can it make

a profit on the land, and must build within 2-4 years.

Failure to build in 2 years will cause the property to

revert back to the City of Las Vegas. The School of Medi-

cine will incur the closing costs and escrow fees, which

have been estimated to be no more than $20,000. The annual

fees and taxes on the property have been estimated at

$15,000 per year. The property has been appraised at

$2,875,000.



Mr. Foley moved approval to accept the gift, in concept,

from the City of Las Vegas to the School of Medicine. Mrs.

Sparks seconded.



Interim President Hoggard questioned what the proposed rela-

tionship would be with the facilities at the West Charleston

Campus of CCSN. Dr. Daugherty responded that the School of

Medicine values its relationship with CCSN and will continue

to operate from that facility. This gift will only expand

on the family medical program that already exists.



Mrs. Price mentioned that the Board's Audit Committee is

discussing the process in which new programs are approved

and brought on line.



Motion carried.



8. Emeritus Status, UNLV



Approved to grant emeritus status to the following UNLV

faculty, effective upon Board of Regents' approval:



Delbert Barth, Emeritus Professor of Environmental

Studies

Elmer Curley, Librarian Emeritus



Mrs. Whitley moved approval to grant emeritus status to the

above UNLV faculty. Mrs. Gallagher seconded. Motion car-

ried.



9. Information Only: Outstanding Faculty Recognition



At the request of the Board of Regents, each Faculty Senate

Chairman reported on the outstanding faculty achievement

for the institution. Ref. B, filed in the Regents' Office.



University of Nevada, Reno



Janet Usinger-Lesquereux



10. Information Only: Outstanding Classified Employees



At the request of the Board of Regents, each President re-

ported on the outstanding classified employee achievement

from the institution. Ref. C, filed in the Regents' Office.



University of Nevada, Reno



Lisa Cody



Community College of Southern Nevada



Natalie Moore



Mrs. Berkley left the meeting.



Truckee Meadows Community College



Kimberly Brewer

Pamela J. Hawkins



Western Nevada Community College



Janet Wooner



System Administration



Edythe Anderson



The meeting recessed for the demonstration of the UCCSN Master

Course File and Transfer Guide on Computer through the Internet

courtesy of the Academic, Research and Student Affairs Commit-

tee.



Mrs. Berkley returned to the meeting during the demonstration.



Mr. Klaich entered the meeting during the demonstration, and

afterward apologized for being late. He noted for the record

that he was in concurrence with the recommendations of Dr.

Richard Jarvis as UCCSN Chancellor and Dr. Richard Moore as

CCSN President. He commended the two Search Committees and

the Chairs for their recommendations to the Board.



11. Approved the 1995-97 UCCSN Biennial Budget Request



Interim Chancellor Richardson and Vice Chancellor Sparks

presented the 1995-97 UCCSN Biennial Budget Request to the

Board, which is filed in the Regents' Office. This budget

request must be forwarded to the Governor by September 1,

1994.



Mr. Graves left the meeting and returned during Vice Chancellor

Sparks' presentation.



Vice Chancellor Sparks reported that the UCCSN 1995-97

Biennial Budget Request consists of 3 components, the

Adjusted Base Budget, the Program Maintenance Budget and

the Enhancement Budget.



The Adjusted Base Budget Request includes fiscal year 1993-

94 operating budget costs (fiscal year 1993-94 actual ex-

penditures will be substituted for FY 94 operating budget

amounts in the Governor's Recommended phase of the budget

process) adjusted by applying parameters approved by the

Board of Regents. The Adjusted Base Budget reflects the

current cost of operations extended through the 1995-97

biennium adjusted, for example, for new facility costs,

professional and classified merit increases, contractual

agreements and legislative appropriations.



The Program Maintenance Budget Request represents the

additional costs to continue existing services and pro-

grams adjusted by applying parameters approved by the Board

of Regents, such as inflation factors, federal mandates,

occupational study results and rate adjustments.



The Enhancement Budget Request represents the Systems'

Priority Requests to: restore the Base Budget by funding

the instruction and support services formulas and provide

for projected student enrollment growth; enhance the qual-

ity of undergraduate and graduate education; and to provide

funding to non-formula budgets and programs to enhance ac-

cess and diversity; promote the economic growth and health

of the State, and improve accountability within the System.



Dr. Hammargren left the meeting.



A total of 239.4 new full-time and 62.7 part-time faculty

are requested for the 1995-97 biennium in the Enhancement

Budget along with 58.5 classified support staff, all di-

rectly tied to instruction. Funding equal to 100% (50%

in Priority I and 50% in Priority II) of the deficit, for

formulas recommended to the 1987 Legislature by an interim

legislative committee which studied how Nevada funds higher

education (LCB 87-30), is also requested in the Enhance-

ment Budget. These formulas are designed to provide the

UCCSN institutions a stable and dependable budget to meet

basic needs.



Other priority requests included in the Enhancement Budget

are one-time requests for "State of the Art" equipment

including instruction and non-instruction equipment, com-

puting equipment, information networking and distance

learning, and a request to restore positions lost in the

1991-93 budget reductions to non-formula budgets. Summary

schedules are included at the back of the Biennial Budget

Request document which outline the Enhancement Budget Re-

quest.



Student enrollments are expected to increase approximately

2.8% per year over the 1995-97 biennium. When Fall enroll-

ments are available, adjustments to these projections will

be requested where appropriate.



Student registration fees for the 1995-97 biennium will be

at the same level as was approved by the Legislature for

fiscal year 1994-95. Undergraduate registration fees will

be $58 per credit at the Universities and $30.50 per credit

at the Community Colleges. Graduate registration fees at

the Universities will be $81 per credit for each year of

the 1995-97 biennium. Non-resident tuition will be in-

creased to $2450 per semester for FY 1995-96 and $2550

per semester for FY 1996-97 at the Universities and $1550

and $1600 respectively, per semester, at the Community

Colleges. The non-resident tuition for the 1995-97 biennium

represents an increase over 1995-95 of approximately 3.6%

per year as approved by the Board of Regents in March, 1994.

The School of Medicine non-resident fee will increase over

1993-94 by 15% each year of the 1995-97 biennium and the

registration fee will increase by approximately 3.4% each

year.



Mr. Foley left the meeting.



Upon questioning, Interim Chancellor Richardson responded

that a report will be forthcoming regarding differential

tuition and fees.



Vice Chancellor Sparks reviewed the parameters that were

approved by the Board for the Adjusted Base Budget, Pro-

gram Maintenance and Enhancement Budget Request. In re-

viewing the Student/Faculty Ratios, Mr. Sparks noted that

TMCC has added a Rural Ratio for rural programs (Incline

Village) instituted during the 1993-95 biennium.



Mrs. Berkley questioned why TMCC and CCSN continue to have

a higher ratio than the other institutions, and Mr. Sparks

explained that these ratios were approved by the 1991

Legislature and were based primarily on the economy of

scale. These two institutions enroll a larger number of

students. UCCSN is not proposing to enrich these ratios,

but to restore the funding formulas. Interim Chancellor

Richardson added that these ratios were established in

the late 1980s because of the results founded by a joint

study on funding of higher education. Up until 1993,

UCCSN had to adhere to these ratios, but in 1993 the fund-

ing formulas were suspended. A bill draft requesting

another study of higher education funding is being sub-

mitted by UCCSN to the Legislative Counsel Bureau.



Mr. Graves requested that the actual ratios be reported in

this document. Vice Chancellor Sparks stated that this

information will be made available for the presentation to

the Legislature and the Governor.



Chairman Eardley stated that student/faculty ratios have

been discussed over the past 15-20 years, and remains an

issue. Vice Chancellor Sparks indicated that progress has

been made since the interim funding study recommendations

were adopted; i. e., differentiated ratios for Engineering

and related programs and vocational and developmental

programs instead of just the Nursing and regular ratios

that were utilized prior to the study.



Dr. Hammargren returned to the meeting.



Mrs. Price indicated that she was disappointed that the

Board of Regents continually discusses policy but never

sees policy addressed in the budget process. She stated

that policy statements should be included in the budget.

Mrs. Price indicated that she had a sample budget that

follows this idea, and is hopeful that changes will be

made in the future. How the Board views itself is reflect-

ed in the financial statements, which the Board should take

the opportunity to discuss with others throughout the Sys-

tem and then make knowledgeable decisions on the budget.

Mrs. Price indicated that she has discussed this matter

with Dr. Richardson, but the process is very slow moving.



Mr. Foley returned to the meeting.



Vice Chancellor Sparks continued with the presentation and

pointed out that the 1994-95 projected annualized FTE en-

rollments would have to increase by 15.7% to meet the budg-

et approved by the 1993 Legislature.



Mr. Klaich questioned the number of enrolled students and

what UCCSN is actually budgeted for, and Mr. Sparks respond-

ed that the funding formulas were suspended and have caused

a re-projection of the FTE to 35,517 students based on

classes and the availability of faculty.



Mr. Klaich requested a comparison between actual faculty

and what the formula would have provided using the actual

1994 enrollments, and Mr. Sparks stated that he would pro-

vide this information to the members of the Board.



Mr. Graves stated that in looking at the budget from a

broad spectrum there needs to be some type of formula to

project more accurately. He felt that the Board of Regents

was sold a bill of goods at its June meeting when it was

stated that the projected enrollments decreased because of

various factors, now it seems that this is to the contrary.

Mr. Sparks explained that the majority of the UCCSN insti-

tutions have experienced a declining enrollment due to the

budget reduction imposed by the Governor.



In response to Mr. Klaich's inquiry about faculty and actual

budget, Interim President Guinn explained that UNLV pro-

jected 14,043 students, but are now expecting 12,957. This

means that UNLV will have a $1 million shortfall to make the

budget balance.



President Crowley added that if the previous ratios were

applied to UNR's student population and the faculty popu-

lation in 1993-94, then UNR is short 31 faculty members.



Mrs. Price questioned Dr. Guinn whether there is a case

where there are actual dollars presented in these budgets

that are more than needed, and Dr. Guinn responded that

the actual student enrollment this Fall is about 100 more

than projected and UNLV had projected zero growth. UNLV

will add funds if there are more students. Mr. Sparks

clarified that last biennium's appropriation was not based

on student enrollment, but was appropriated in a lump sum

to UCCSN for its distribution.



Dr. Guinn further explained that UNLV was appropriated $32

million for 1994-95, then this amount was divided by the

average faculty salary for 602 positions. UNLV has 634

faculty under contract and is over-staffed. However, UNLV

plans to make up the difference through other budgets, and

will make adjustments to fund those positions. 20 of these

positions are in the early retirement program and are not

even teaching at UNLV. Therefore, UNLV is actually over-

staffed by 12 positions.



Vice Chancellor Sparks explained the 1995-97 Revenue by

Source and indicated that the 1995-96 total Base Request

is $270,223,061; total Maintenance Request is $5,750,480;

total Enhancement Request is $117,265,817; and the total

1995-96 Request is $393,239,358. Mr. Sparks emphasized

that the Enhancement Request for 1995-96 contained a one-

time request to expend $40 million for state-of-the-art

equipment.



The 1996-97 total Base Request is $275,475,818; total Main-

tenance Request is $8,122,130; total Enhancement Request

is $91,548,220; and total 1996-97 Request is $375,146,168.

Mr. Sparks explained the changes in revenue over FY 95

in percentages and dollar amounts, which can be found on

page 10 of the Biennial Budget Request.



Mr. Sparks continued by explaining the alloction of

Resources by Appropriation Area on pages 11 and 12.

Pages 15 through 167 furnish the detailed information

for each budget.



Dr. Hammargren left the meeting.



Vice Chancellor Sparks stated that the UCCSN "Priority

Requests for New Funding" are designed to address 2 major

issues within the System. The first priority is a request

to restore the UCCSN base budgets by funding the instruc-

tion and support formulas at the level previously funded

by the State prior to the budget reductions of the 1991-93

biennium. This request is accompanied by a similar request

for the non-formula budgets which calls for restoring those

positions which were lost in the 91-93 reductions. Along

with the restoration of this funding and contingent upon

this restoration, Priority I contains the System's pro-

jection for growth over the 1995-97 biennium.



Priorities II and III address the Board of Regents approved

"Strategic Directions". Priority II calls for enhancing

the quality of undergraduate and graduate education and

includes the System's Salary and Benefits request, a re-

quest for full funding of the support, graduate assistant,

equipment replacement and Library formulas adopted in 1986

by the Legislative Committee Studying Funding of Higher

Education (LCB-87-3), and a request for a "One-Time" appro-

priation for the acquisition of "State of the Art" equip-

ment.



Priority III contains the System's request to provide fund-

ing to non-formula budgets and programs to address the

Board of Regents strategic directions for enhancing Access

and Diversity, promoting the economic growth and health of

the State and for improving accountability within the

System. Included in the priority is a request to provide

additional auditing, legal, Community College, diversity

and personnel support in the Chancellor's Office, added

support for the University Press, funding for Computing

Services for staff and operating support, increased support

for the Community Colleges' Business and Industry programs,

operational support for the supercomputer located at UNLV,

funding for DRI research programs and computing needs, State

matching funds for improving student access and a request

to use estate tax funds for matching the EPSCoR II federal

grant. The Biennial Budget Request contains the summary

and detailed schedules outlining the UCCSN "Priority Re-

quests for New Funding".



Mr. Foley left the meeting.



Vice Chancellor Sparks explained the priorities in detail

as found on pages 169 and 170. The following are the total

requests for the priorities:



Priority I



FY 1995-96 $ 33,319,913

Fy 1996-97 $ 38,498,930

Total Biennium $ 71,818,843



Priority II



FY 1995-96 $ 78,343,777

FY 1996-97 $ 47,571,571

Total Biennium $125,915,348



Priority III



FY 1995-96 $ 5,602,127

FY 1996-97 $ 5,477,719

Total Biennium $ 11,079,846



UCCSN Totals



FY 1995-96 $117,265,817

FY 1996-97 $ 91,548,220

Total Biennium $208,814,037



Mr. Klaich questioned whether under Priority I the 4th

request to restore positions lost in the 1991-93 budget

reductions to non-formula budgets is to restore the fund-

ing for positions that were lost to the non-formula budg-

ets, and Mr. Sparks affirmed. Mr. Klaich noted that the

first 3 requests under Priority I appear to be requests

for new money, and Mr. Sparks clarified that these requests

do include projected growth. Mr. Sparks explained that

although UCCSN received an appropriation from the 1991

Legislature, due to lack of State revenues, the Governor

requested UCCSN to return $38 million. Although UCCSN was

fully funded on paper, the appropriation was not fully

realized. Priority I requests restoration of appropriated

funds to include current enrollments and provides for

projected growth.



Mr. Sparks explained Priority II and stated that the total

salaries and benefits over the biennium is $52,668,845.

Mrs. Price questioned how UCCSN will assess if it has en-

hanced this quality. Interim Chancellor Richardson respond-

ed that the assessment on the professional salaries is that

if UCCSN does not attract quality faculty, then instruction

will decline. The assessment will be based on qualifica-

tions and competitiveness in the market place.



From the perspective of UCCSN policy, Mrs. Price stated

that it needs to measure from one year to the next. By

increasing salaries, it will not indicate whether quality

has been enhanced. This is not a means of measuring.



Interim Vice Chancellor Steinberg added that there are

several initiatives underway that relate directly to the

budget. For example, a systemwide committee has been

developed to address part-time faculty issues, which in

essence relates to quality. This issue will be reviewed

and she noted that it is also contained in this budget.

There is a need for part-time faculty and a need to balance

in numbers and salaries.



Another issue is the assessment of student services which

is underway. The budget is requesting an increase in

student service funding. The assessment will look at what

UCCSN is providing the students, which again relates to

quality. These issues have been discussed with the Board

and throughout the System over the past two years. The

Strategic Directions have addressed these issues and have

linked these directions to the budget process. The Chan-

cellor's staff is looking at various indicators throughout

this process.



Dr. Hammargren returned to the meeting.



Dr. Derby stated that this discussion is about policy,

oversight, and accountability. UCCSN needs to be able to

measure performance and have it reported back to the Board.

She noted that indicators are being discussed throughout

the country. Dr. Derby stated that part-time faculty and

letters of appointment faculty (LOA), listed under Pri-

ority II, are not given much hope for receiving the re-

quested amounts. UCCSN needs to enhance these salaries.

She felt that UCCSN is not working hard enough to inte-

grate these into the teaching faculty for offices and

continuing access. While there is a need to increase the

LOAs, UCCSN tends to rely more on the part-time faculty to

carry the load, but at the same time, UCCSN needs to in-

tegrate these employees.



She did not feel that UCCSN was enhancing undergraduate

education by following this mechanism. The Board needs

to make sure that this does not become a low priority,

because it is a key to quality education.



Dr. Hammargren left the meeting.



President Crowley explained that if the University Press

lost a position due to the budget reduction, this budget

request would restore that position by restoring the fund-

ing for that position. It is not an additional request,

but one to restore what UCCSN had lost. There are several

non-instructional non-formula driven budgets throughout

the System. In response to Regents Price's and Derby's

remarks, President Crowley affirmed that accountability is

certainly a wave of the future. Public agencies must

demonstrate that public funds are effectively used. There

are already several measures of assessments being conducted

regarding the issue of quality. The additional faculty

salaries measure how the quality of the institution has

performed, and surveys of students, alumni and employers

are routinely performed. In fact a notion that has arisen

from new UNR faculty indicates that sponsored research

grants and contracts have risen and this is a positive

indicator for quality. Although there are a variety of

indicators that are being reviewed, there is still more

to be developed. President Crowley suggested that UCCSN

should focus its energies in terms of policy issues and

evaluation issues regarding the way funding is expended.



Mrs. Price agreed and reiterated that once UCCSN receives

the funding then it becomes a responsibility to see that

it is spent accordingly. She stated that UCCSN never gets

to the point of looking at what is actually done with the

funds. UCCSN must be able to tell whether the knowledge

product is improving. There must be a way to make compari-

sons when reviewing the budgets. The evaluation of how

funds are being spent in terms of whether students are

getting what they paid for is what Mrs. Price had indicat-

ed that should be included in the budget process.



Mr. Klaich stated that he did not agree with the basic

premise that UCCSN does not know where the funds are being

spent. UCCSN is trying to restore funding that was lost.

The discussion that is at hand now is how UCCSN plans to

receive these lost funds. The policy discussions have

already been addressed and one such discussion regarding

the need for more funding for student services throughout

the System has resulted in the Board determining that it

will enhance the student experience. The Board has in-

corporated this issue into its Strategic Directions; how-

ever, it has not been funded. He did not think it was

necessary to conduct an immense study to find out these

issues.



Mrs. Price agreed, but stated that in the broad picture,

there needs to be a review of the outcome. She questioned

whether the students were better off after UCCSN expends

the funds than before, and if so or not, then why.



Mrs. Sparks stated that in defense of the institutions and

the Board of Regents, UCCSN has worked long and hard on

this issue. The budget has been presented and has ad-

dressed policy that is in place. As far as measuring the

quality of the students' education, UCCSN should not lessen

the quality, but it needs to provide 100% education. She

did not want to see the Board getting caught up in non-

numerical studies and felt this was not the responsibility

of the Board.



Mr. Klaich moved to accept the 1995-97 Biennial Budget

Request. Mrs. Gallagher seconded.



Mr. Klaich stated that he appreciated the large numbers

contained in the request, but is comfortable with the

discussion and answers to the questions posed. Nevada

citizens must be made to understand that UCCSN is under-

funded and that these are numbers it can feel comfortable

with for the good of the State of Nevada. He stated that

if the underfunding continues, then UCCSN must get serious

about the quality of education and the access to higher

education in Nevada.



Mrs. Price questioned whether the $40 million allocation

for state of the art equipment has included instruction

costs and changes to various sections when new technology

is introduced, such as training and updating the equip-

ment. Mr. Sparks responded that $60 million is being

requested for support services formulas, but is not di-

rectly tied into the $40 million request.



Mrs. Whitley questioned whether a job description had been

developed for the requested new position of Vice Chancellor

for Personnel, and Interim Chancellor Richardson responded

that a formal job description has not been developed at

this time. Mrs. Whitley requested that the job description

include diversity issues. Dr. Richardson indicated that

discussions have included collective bargaining activities

and approximately 1/3 of the position will be devoted to

diversity efforts. Mr. Graves added that the new Chan-

cellor will certainly have input into this request.



Dr. Hammargren left the meeting.



Interim President Guinn stated for the record that the

Council of Presidents have pulled together on recommend-

ing this budget request and it is every institution's pri-

ority. It has been indicated that if anyone should speak

against this request, they will be publicly reprimanded.

The Council agrees with these figures. He clarified that

the numbers indicate that UNR receives more of the budget

increase than UNLV (see page 171). However, UNLV has

reviewed these support formulas and has learned that UNR

is not receiving additional funding, except for one item,

Operation and Maintenance of Plant. It should be under-

stood that this is a very fair distribution. Mrs. Berkley

requested that this information be delivered to the com-

munity, alumni and faculty, because they are the ones

that do not believe this to be true.



Motion carried.



Chairman Eardley commended the Chancellor's staff for

their hard work on the budget process.



Additional discussion was heard on the following day and

can be found after item 19.



12. Closed Session



Upon motion by Mr. Klaich, seconded by Mrs. Whitley, the

Board moved to a closed session at 12:05 P.M. for the dis-

cussion of the character, alleged misconduct, professional

competence, or physical or mental health of an employee(s)

of the UCCSN, in accordance with NRS 241.030.



The Board reconvened in open session at 2:25 P.M. on Thursday,

August 25, 1994, with all Regents present except Regents Foley,

Graves, Sparks and Whitley.



13. Information Only: Report on Budget Review and Reporting



Interim Chancellor Richardson and Vice Chancellor Sparks

reported on a procedure being developed for review, on a

regular basis, of all UCCSN budgets for both revenue and

expenditures and a mechanism for reporting to the Board

any areas of concern. Development of the procedure is

now under way and will be finalized after Dr. Tom Anderes,

the new Vice Chancellor for Finance and Administration, is

on board. Dr. Anderes will work with the Business Officers

in developing the procedures.



Mrs. Sparks entered the meeting.



Upon questioning, Vice Chancellor Sparks explained that the

internal audit procedures involve the last year's programs,

and does not operate in the current fiscal year. The pro-

posed procedures will only address the current fiscal year.

The Chancellor's Finance and Administration office will be

responsible for this review and reporting and it may re-

quest additional staffing and equipment if necessary. The

System will then be committed when these procedures are

adopted as policy.



Mr. Graves and Mrs. Whitley entered the meeting.



Mrs. Berkley questioned whether this procedure will prevent

what has recently taken place at UNLV regarding the short-

fall and deficit, and Mr. Sparks stated that it would point

out problem areas and also indicate where there may be

potential problems.



14. Information Only: Public Comment



No comment.



15. Information Only: Proposed Bylaw Amendments, Regents



At the Chairman's request, proposed amendments to the Board

of Regents Bylaws, Article V, Sections 4 and 8, have been

prepared by General Counsel and were presented to the Board.

As provided by Board of Regents Bylaws, Article VIII, this

is the first reading of these amendments, with the second

reading and action by the Board at its October 6-7, 1994

meeting.



These amendments increase the number of Regents necessary to

call a special meeting and to put items on the agenda from

4 Regents to 5. Additionally, to be consistent with the

Open Meeting Law, an amendment provides that the minimum

number of days that agendas must be distributed before a

Board meeting shall be decreased from 5 working days to

3 working days. Ref. D, filed in the Regents' Office.



Mrs. Price stated that she opposes the amendment because

she felt that any Regent should be able to place an item

on the agenda. Because of this belief, she would agree

with any Regent who would want to get an item on the

agenda whether she agreed with the item or not. Regarding

the second portion to this amendment, she stated that she

would like to also receive the minutes of the meetings

and any other valuable information sooner than is currently

being performed. This policy should be made more liberal

than stricter and she would like to see this policy com-

pletely eliminated.



Mrs. Berkley agreed and stated that the Board should do

more than what is required by law, rather than less. She

opposed both sections of this proposed amendment. She

did not feel that there was any reason to increase the

number, but instead the number should be decreased or

eliminated. With regard to the Open Meeting Law, the

Regents need more than 3 working days and need as much

time as possible to review the agendas.



Mr. Klaich stated that he did not have any strong feelings

about the number of days in receiving the agenda, but the

Board should consider the responsibilities of the Chairman

of the Board and the Secretary of the Board. Preparing the

agenda can be a difficult burden on these persons.



Dr. Derby stated that she agreed with Mrs. Price, and added

that amendment should not be changed from 4 to 5 Regents,

however she was also concerned with Mr. Klaich's remarks.

She suggested that 3 Regents be allowed to place an item

on the agenda. She was in agreement with the number of

days and that number should be increased not decreased.



Mrs. Price stated that if any Regent wants to place an item

on the agenda, but it does not meet the posting deadline,

then the item could be delayed to the following meeting.

She felt that the Chairman and the Secretary could deal

with the scheduling of agenda items. The members of the

Board represent a substantial number of people and plac-

ing agenda items should not interfere with this responsi-

bility.



Mr. Graves suggested that the new Chancellor address this

issue. During the interview process, Mr. Graves learned

that the candidates were amazed at the amount of time the

members of the Board spend serving higher education. Mr.

Graves stated that he was concerned about the content of

agenda items and suggested that this be explored.



Mrs. Sparks stated that with as much time as the members

do spend on agenda items, if only one Regent wishes to

place an item on the agenda, then couldn't that item be

addressed by the Chancellor and staff. She did not think

that this amendment is an attempt to prevent a Regent(s)

from placing an item on the agenda, but items usually go

before the Council of Presidents for discussion and rec-

ommendation prior to being placed on the Board of Regents'

agenda.



Chairman Eardley asked each of the Regents who had served

as Chairman if they were placed in a predicament with

requests to place items on the agenda. Mr. Klaich and

Mrs. Gallagher responded they had never found the schedul-

ing of agendas to be a difficult issue. Mrs. Whitley stated

that the number of Regents allowed to place on agenda item

should be as low as possible and the amount of time that the

agenda should be received prior to a meeting should be five

days.



(Note: Regularly scheduled meeting agendas are sent to

Regents in over-night mail ten days prior to the meeting.)



Dr. Hammargren remarked that when the contract was approved

by the Board for Coach Rollie Massamino, the item was sub-

mitted to the Board as a supplemental agenda and then was

one of the first items addressed during the meeting. He

felt that that incidence was a diversion and it has been

inferred that the change of placement on the agenda was

so that the Coach could immediately begin recruiting play-

ers. Agenda items should be based on educational concepts

rather than sports issues.



16. Approved Handbook Change, Foundation Administrative and

Accounting Deadlines



Approved a change to the Board of Regents' Handbook, Title

4, Chapter 10, Section 9, UCCSN and Member Institution

Foundations Administrative and Accounting Guidelines, as

contained in Ref. E, filed in the Regents' Office. The

purpose of the change is to clarify which fund raising

organizations will be required to comply with the refer-

enced Board of Regents' guidelines.



Deputy Treasurerr Janet Mac Donald reported that she has

worked with the staff of the membership foundations through-

out this process and they recommend this change. This pol-

icy addresses which foundations will have to comply with

the Board of Regents' guidelines to include the policy re-

garding the usage of the institution name on letterhead

and other miscellaneous items.



Mrs. Price questioned if the development of The Varsity

Club would have been prevented if this policy were in

effect at that time, and Mrs. Mac Donald responded that

this policy would not have addressed the formation of The

Varsity Club. This policy addresses the issue of using

the institution's name on products.



Upon questioning, Interim President Guinn stated that

throughout the UCCSN and Member Institution Foundations

Administrative and Accounting Guidelines it addresses

how the Board of Regents will have more control over the

foundations. If a foundation uses an institution's logo

or name, that foundation must comply with these guidelines

and collect donations for the purpose of the gift being

delivered to the System.



Dr. Hammargren left the meeting.



Mrs. Price questioned if the Chancellor's Office had a

complete list of foundations associated with UCCSN insti-

tutions, and Mrs. Mac Donald responded that there is a

list available, but the System cannot restrict people

from forming foundations. Mrs. Price questioned whether

legislation could aid in correcting the problem with

foundations being created that use the institution's name

without any control by the Board of Regents.



Mr. Klaich moved approval of the Handbook change regarding

the UCCSN and Member Institution Foundations Administrative

and Accounting Guidelines. Mrs. Gallagher seconded.



Mrs. Sparks responded to Mrs. Price's question in that the

Board of Regents is an autonomous Board and the Board should

not seek legislation on who will be allowed to raise funds

for higher education. The Board of Regents is the entity

that allows foundations to raise funds for its institutions.

Mrs. Price stated that if any organization should fraudu-

lently set up a foundation, then perhaps there were laws

that would protect the System by way of registering the

names of the institutions and its logos. Mrs. Sparks stated

that there are federal and State regulations that already

deal with such issues. Assistant General Counsel Robert

Ulrich stated that there are trademark laws that do address

this issue.



Motion carried.



17. Approved Handbook Additions and Changes, Private

Partnerships



Approved additions and changes to the Board of Regents'

Handbook, Title 4, Chapter 10, Section 8, Approval, Acknow-

ledgment and Administration of Gifts, Contract and Sponsor-

ed Programs, as contained in Ref. F, filed in the Regents'

Office.



Mr. Graves moved approval of the Handbook change regarding

the Approval, Acknowledgment and Administration of Gifts,

Contract and Sponsored Programs. Mrs. Gallagher seconded.



Dr. Derby thanked Deputy Treasurer Janet Mac Donald for

her work on this document.



Motion carried.



18. Information Only: Promotional Video, WNCC



A short promotional video for the Western Nevada Community

College was previewed for the Board. Ms. Helaine Jesse,

WNCC Foundation, introduced the video and noted that it

was developed by volunteers and that it has been shown to

various organizations who have received it well.



Dr. Derby commented on the accomplishments of President

Calabro and the WNCC Foundation for their efforts in

bringing WNCC to the community. In addition, Ms. Jessie

has been performing a tremendous job with the foundation

and was commended.



President Calabro stated that employees, spouses and

significant others played a major role in putting this

project together. Because of the volunteer efforts the

cost of production was mininal.



Mr. Foley entered the meeting during the presentation.



The open meeting recessed at 3:10 P.M. for committee meetings

and reconvened at 9:06 A.M. Friday, August 26, 1994, with all

Regents present except Regents Graves, Hammargren and Klaich.



19. Approved the Naming of Facilities, WNCC



Approved the naming of the following facilities at WNCC:



A. In consideration of the support of WNCC by Donald A.

Bently, it was approved that the Douglas County in-

structional site, donated by Mr. Bently, be named the

Western Nevada Community College Bently Center.



B. In consideration of the financial support by the First

Interstate Bank Foundation of the WNCC Family Services

Center, it was approved that a classroom in the Center

be named for First Interstate Bank.



C. In consideration of the support of the Family Services

Center at WNCC, it was approved that a classroom in

the Center be named for the E. L. Cord Foundation.



Mr. Graves entered the meeting.



Mrs. Sparks moved approval of the naming of the 3 facilities

at WNCC. Mrs. Gallagher seconded. Motion carried.



11. Approved the 1995-97 UCCSN Biennial Budget Request

(continued)



As a point of order, Mrs. Price requested reconsideration

on the motion which will require a second in order to be

discussed. Mrs. Price indicated that she had voted on

the prevailing side of the approval of the 1995-97 UCCSN

Biennial Budget Request, and she would like to amend the

motion.



Mrs. Price moved approval to amend the motion regarding

the 1995-97 UCCSN Biennial Budget Request. Dr. Derby

seconded.



Mr. Klaich entered the meeting.



Mrs. Price requested that the Board reconsider the approval

of the 1995-97 UCCSN Biennial Budget Request until the new

Vice Chancellor for Finance and Administration, Thomas

Anderes, is on board and would have a chance to review the

budget. She noted that allocations are not contained in

the budget to strengthen the System Administration Office.

In addition, Dr. Anderes and newly hired Chancellor Richard

Jarvis may be severly strapped if they are not given the

opportunity to express their input into the budget that

they will have to defend before the 1995 Legislative Ses-

sion.



Vice Chancellor Sparks informed the Board that the budget

must be presented to the Governor by September 1, 1994

and indicated that the budget will be sent to Dr. Anderes

for his review.



In response to the allegation that there are not alloca-

tions requested in the budget to enhance the System Admin-

istration Office, Mr. Sparks stated that over $900,000 in

new funds has been requested for the System Administration

Office.



Interim Chancellor Richardson explained that the budget must

be to the Governor by September 1, 1994. In developing the

budget for the System Administration Office, see page 178 of

the document, the budget reflects the discussions that the

Board has had relative to their needs in the System Admin-

istration Office. He has discussed this budget with the

staff and the Council of Presidents. While he cannot speak

for Dr. Jarvis and Dr. Anderes, Dr. Richardson stated that

he did not know how much they could really add to the dis-

cussion. Dr. Richardson indicated that he has placed heavy

reliance on the existing staff over the past several months,

including the internal audit staff, personnel staff, and the

Community College Affairs Director. The Board must fulfill

its obligation in submitting the budget request to the

Governor by September 1, 1994.



Mrs. Price withdrew the motion. Dr. Derby withdrew the

second.



The open meeting recessed at 9:16 A.M. to go into foundation

meetings and reconvened at 9:18 A.M. Friday, August 26, 1994,

with all Regents present.



20. Information Only: Use of Campus Facilities, UNLV



Interim President Guinn presented information regarding the

EPA and use of those facilities on the UNLV Campus, as

contained in Ref. G, filed in the Regents' Office.



Dr. Guinn reported that the EPA has used UNLV facilities

since 1970 and the lease is about to end. UNLV is en-

couraging the EPA to remain on Campus; however, the EPA

may be required to go out to bid for a facility. UNLV

intends to work with them in developing a facility and

remaining on the Campus for the next 20-25 years. After

such time, the facility would then revert back to the

Campus. Dr. Guinn stated that he would bring back further

information at a future time.



21. Information Only: Regents' Workshop



Members of the Student Affairs Council presented a work-

shop on "Students with Disabilities". Interim Vice Chan-

cellor Steinberg introduced Ms. Charlotte Cox, Tutor and

Accommodations Specialist at TMCC. Ms. Cox thanked the

Board for the opportunity to make this presentation. She

reported that UNR and TMCC have organized a committee that

addresses the special needs of students with disabilities,

and the committee works directly with the students. Ms.

Cox informed the Board that Nevada is 47th in the nation

in terms of funding for this type of program. The presen-

tation addressed what is a learning disability; what

services are provided by law; how to serve the students

with disabilities; what high technology equipment and ac-

commodations exist; and student opinions on the program.



Dr. Hammargren was not present during most of the presentations.



The following persons made presentations:



Melissa Licon, TMCC, assistance and accommodations for

the disable student.



Joe Arascotta, UNR graduate, working with students and

explained portions of the Americans with Disabilities

Act (ADA).



Harry Heiser, UNR Learning Disabilities Counselor, ex-

plained what Learning Disability is and how it is

addressed; the assessment cost and services provided.



B. C. Gamble, TMCC student, explained her personal

situation.



Kay Adair, TMCC graduate and UNR student, explained her

personal situation.



Mrs. Price congratulated UNR and TMCC in defining reason-

able accommodations during the recent budget reductions.

She suggested that the other institutions examine what UNR

and TMCC have provided to these students.



Dr. Derby expressed her appreciation for such a wonderful

presentation and noted that there is a tremendous need

for this program.



Chairman Eardley thanked all those involved with making an

informative presentation to the Board.



Interim President Guinn stated that students are what edu-

cation is all about and he was disappointed that the media

present in the room were not filming this presentation to

bring this information forth to the public. He stated

that while he was employed by the Clark County School Dis-

trict, he was asked to trade places for one day with a

disabled person and conduct this work from a wheelchair.

He made 3 presentations in different locations and learned

about the limited accommodations that are available for

the disabled person. He stated he was pleased that higher

education is making an effort for more accessibility for

the disabled student.



Dr. Hammargren returned to the meeting.



22. Report: Athletic Contracts, UNLV and Approved Authority to

Hire Outside Counsel



The Board heard a report from Interim President Kenny Guinn

on recent disclosures regarding Athletic Department con-

tracts.



Interim President Guinn distributed a report to the members

of the Board. The report contained documents and news-

paper clippings pertaining to Coach Rollie Massamino's sup-

plemental contract. Not included in this documentation is

a letter which Dr. Guinn had sent to Coach Massamino on

August 15, 1994, regarding the supplemental contract. This

letter was of a personnel matter and Dr. Guinn felt it was

his ethical responsibility not to distribute this letter to

the public.



Dr. Guinn highlighted the report and stated that the orig-

inal contract contained the following:



Base Salary $106,000

Personal Appearance Duties 105,000

Television & Radio Appearances 175,000

Sub-Total $386,000

Shoe, Apparel & Equipment Contracts 125,000

Total $511,000



At the time the original contract was signed, it was not

known how much could be earned through shoe, apparel and

equipment contracts. It was estimated at $125,000.



In addition, Dr. Guinn explained the basketball camps run

by the Coach earn the Coach additional income anywhere be-

tween $50,000 and $60,000. This practice is common through-

out the country and acceptable at UNLV.



The term of employment was for a 5-year contract. However,

UNLV had an infractions case pending with the NCAA, and the

contract stated "In the event any sanctions are imposed as

a result of that case, or as the result of any infractions

committed during the prior administration of the men's

basketball program which are discovered during the term of

this Agreement, which restrict the University's men's bas-

ketball program from appearance on live television, in

post-season competition, in the recruitment of student-

athletes, or in the number of scholarships available for

student-athletes, then the time term of this contract shall

be extended by a number of years equal to the time period

for which such sanctions may be imposed, at the Employee's

option. In addition, as evidence of the University's good

faith with regard to its desire that Employee should not

suffer any impact from alleged NCAA violations committed

during the prior men's basketball program administration,

in the event any such allegations present specific unreason-

able or unexpected problems in recruiting student-athletes,

this Agreement shall be extended by one year, at Employee's

option." Therefore, the Coach's contract has been extended

to 7 years and it could extend up to 8 years.



The contract was signed on April 1, 1992 by Coach Rollie

Massamino and Athletic Director Jim Weaver, and signed by

President Robert Maxson on April 2, 1992.



With regard to the Supplemental Employment Contract, which

was signed on April 1, 1992 with the UNLV Foundation, Dr.

Guinn reported that it refers to the original contract in

several instances. Also, the Supplemental Employment Con-

tract stated "It is the desire of the parties that the

terms and conditions of this agreement shall be kept

strictly confidential." However, Dr. Guinn noted that a

public entity cannot keep contracts private, only person-

nel records.



A discrepancy was found when the supplemental contract con-

tradicted State law and the Board of Regents' policy which

states that a public employee can have outside employment

if the outside scope of duties does not relate to the

duties as a public employee. Article III of the original

contract states the responsibilities of the position. How-

ever, the supplemental contract states clearly that these

same responsibilities in promoting UNLV are as contained

in the original contract.



Dr. Guinn stated that on April 1, 1992, President Maxson

sent a letter to UNLV Foundation Chairman John Goolsby

directing him to raise from the private sector an almost

equivalent to or in excess of any monies committed to the

new Basketball Coach through the UNLV Foundation. On

April 2, 1992, Assistant General Counsel Bradley Booke

corresponded with Mr. Goolsby authorizing the UNLV Founda-

tion to enter into the supplemental employment agreement

under confidence and non-disclosure by both parties.



Dr. Guinn reported that the Supplemental Employment Agree-

ment, Article VII - Miscellaneous, states that the "...a-

greement should be construed and interpreted consistently

and in harmony with that certain Employment Contract of

even date herewith, by and between the University and Mr.

Massamino. Accordingly, Article IX, entitled 'Miscellane-

ous', of said Employment contract is hereby incorporated

by this reference, the same as if set forth fully herein."

However, Article IX includes the requirement of Board of

Regents approval, and the Supplemental Employment Agree-

ment was never approved by the Board. Therefore, it is

not valid.



A Novation of Supplemental Employment Contract was written

in order to transfer all of the rights, duties and obliga-

tions of the UNLV Foundation under the Supplemental Em-

ployment Contract to The Varsity Club, a nonprofit corpora-

tion. This document was signed on September 16, 1992 by

UNLV Foundation Chairman John Goolsby, and UNLV Foundation

Corporate Secretary John Irsfeld, then on January 27, 1993

by Coach Roland Massamino.



It has been learned that UNLV Athletic Director Jim Weaver

served as a trustee of The Varsity Club. Dr. Guinn con-

tacted 5 other persons who had been listed as trustees of

The Varsity Club, and they expressed shock when they heard

they were members. They all indicated that they had never

attended a meeting of The Varsity Club. All actions were

taken by Mr. Weaver, including application for a 501(c)(3)

corporation. All activities and collection of funds were

done correctly, with the exception of final approval by

the Board of Regents, which would have allowed for access

and documentation to become public record.



Dr. Maxson had facsimilied a News Release on August 17,

1994; however, the statement does not reflect what the

records have indicated.



Dr. Guinn stated that the minutes of the April 9-10, 1992

Board of Regents meeting reflect that many questions were

asked and answered.



Dr. Guinn distributed a supplemental contract payment

schedule for a 5-year contract, based on $886,000 per year.

Mr. Massamino now is owed $475,000; however, should the

contract go to 7 or 8 years, an additional $475,000 would

be owed to him.



Based on discussions with the Chancellor and General Counsel

staff, Dr. Guinn sent a letter by certified mail to Mr.

Massamino informing him of the situation.



Mr. Klaich stated that he appreciated the presentation by

Dr. Guinn. He questioned whether more action should be

taken as the President of UNLV, and what support could the

Board of Regents relay for this situation. Dr. Guinn re-

sponded that this is a very complex situation that involves

several persons. It cannot be rectified overnight. Dr.

Guinn requested that the Board of Regents allow him to seek

legal assistance regarding the contractual arrangements and

NCAA rules and regulations. He stated that although General

Counsel Klasic is knowledgeable about the Board of Regents'

policy, he felt that additional counsel should be hired to

specifically address this matter. Dr. Guinn stated that

he was not even sure if any wrong doing has occurred, but

felt that he needed 3rd party legal advice to investigate

and resolve this matter. At that time, he will report back

to the Board.



Chairman Eardley requested each member of the Board to make

a comment regarding the presentation.



Mrs. Whitley stated that she was happy to have Interim

President Guinn at UNLV during this time, and was ashamed

and embarrassed that this situation has occurred.



Dr. Derby stated that she was amazed at the amount that is

being paid when there are so many other educational issues

to justify. She questioned General Counsel Klasic of the

legal status of the Supplemental Employment Agreement, and

Mr. Klasic responded that it is not a contract in which the

University entered into, it was between the Coach and the

UNLV Foundation. The University has no legal obligation

under that contract. The Varsity Club acted contrary to

the law that clarifies a private organization cannot pay

money to a public employee for public duties. This may

become a matter for the State Ethics Commission. Dr. Derby

thanked Dr. Guinn for handling this tough assignment and

appreciated the information provided. She is willing to

support Dr. Guinn in his request for additional legal

counsel, and requested that it be reported back to the

Board.



Mrs. Berkley stated that when she voted on the original

contract in April, 1992, it was a difficult task for her.

She felt it was important to hire a new coach for UNLV's

men's basketball program that was a good team player and

would move UNLV forward. She acknowledged that she voted

in support of the hiring of Mr. Massamino. However, since

that time she feels that the discussion at that Board meet-

ing contained some misrepresentations and that the Board

members would not have approved the contract if all matters

were known.



Mrs. Berkley stated that had it been known the contract was

for more than 5 years, she would not have voted in favor.

She recalled that Dr. Maxson stated it was a 5-year contract

and explained where the funds would come from including

public appearances and business ventures. In addition, she

had requested to review the contract prior to approved, but

she was told it was not available. She has since learned

that the contract was signed on April 1, 1992, but the

Regents' meeting was held April 9-10, 1992. The supple-

mental contract was also signed on April 1, 1992, but no

mention was made to the Board at the April 9-10 meeting.

Mrs. Berkley stated she feels that the stated academics vs.

athletics question is a sham. She says that Mr. Massamino

has stated that he is only a bystander and that he was

offended when asked if he was making more than the $386,000

and has publicly stated that he was not.



Mrs. Berkley stated that the Board of Regents has been fool-

ed. She felt that there are violations of laws and decep-

tive activity that has occurred. She is appalled at this

activity, but not surprised. The Board of Regents should

be very vigilant and it is their responsibility to see

that the institutions are performing their duties properly.

The role of a Regent is to protect the institutions, this

should not be the role of the President.



Mr. Graves indicated that it would be nice to be able to

turn on the 6:00 news and see the presentation made by the

disabled students instead of seeing a report on yet another

scandal at UNLV. He noted that he was not a member of the

Board when this contract was approved, but as a citizen he

was critical of the contract. After serving on the Board

he was given assurances that the contract was a 5-year

contract, but has since learned differently. Now a supple-

mental agreement and a novation has been brought forward

which have not received approval by the Board of Regents.

He felt it was a deliberate attempt to violate the Board's

policies. Mr. Graves indicated that he has had several

occasions to visit the UNLV Campus and he has found that

the present Administration, Deans, faculty and students

view this scandal with much disgust and hurt. UNLV is a

great and growing institution, but it just seems that it

cannot move forward. Mr. Graves stated his appreciation

for Dr. Guinn's help in this matter. He requested Dr.

Guinn to pursue this matter with much vigor and speed in

order for UNLV to begin to move forward.



Mr. Foley questioned Dr. Guinn about seeking outside legal

counsel, and Dr. Guinn responded that he would seek legal

counsel who can perform investigations into this matter

and will prepare thorough background information to be

brought back to the Board for consideration.



Mrs. Price stated that this situation is rich with public

policy and the Board should take this into consideration

and use this opportunity to address policy issues. Mrs.

Price posed the following questions and remarks and asked

that they be placed in the minutes:



1) One of the requirements of NCAA is that all income for

coaches is on file in the President's office. Dr.

Guinn affirmed, and added that the original contract

was in the office, but the supplemental contract and

novation were not filed in the office.



2) How can the Board be assured that in the future all

employee contracts will be on file as required? Dr.

Guinn stated that files are kept not only for athletics

but for key personnel.



3) With regard to SB 322, Open Records Law, approved at

the last Legislative Session, was Mr. Les Sully, who

represented the UNLV Foundation, paid for his lobby-

ing efforts?



4) Is gender equity being met in accordance with NCAA? In

addition, are Federal law, State law, NCAA rules and

regulations, and IRS regulations being followed? Mrs.

Price stated that she felt there was a need to review

all donations and funds for the athletic programs in

connection with meeting gender equity.



Mrs. Whitley left the meeting.



Dr. Guinn stated that he has been encouraged to review

this matter.



5) Mrs. Price stated that family member contracts, if any,

should be reviewed for conflict of interest in order

to provide an audit trail.



6) With regard to gaming interests: there are State laws

including ethics laws with regard to payments based on

the idea that you cannot serve two masters. The in-

dustry does not allow betting on College sports when

a Nevada team is in the final four basketball champion-

ship games. These issues should be pursued.



7) With regard to IRS violations, the Board should focus

on whether donors are properly reporting these dona-

tions or if they are not and are proved to be illegal,

will those individuals redo their tax returns? Will

the IRS question what responsibility the University

would have if there were violations? With Mr. Massa-

mino's supplement contract what IRS ramifications

for the Board would there be?



8) What foundations are associated with UCCSN? Mrs.

Price indicated that the foundations raise money but

do not make commitments on behalf of the University.



Mrs. Whitley returned.



9) Mrs. Price indicated she had reason to believe there

is a possibility that checks have been made out to the

Board of Regents but were in fact cashed by the Founda-

tion, and has asked this to be reviewed.



Mrs. Price concluded with the hope that the Board would

take a serious look at how it does business and work on

these difficult problems.



Mrs. Sparks stated that because of the statements and ac-

cusations made by her fellow Regents regarding her involve-

ment with this matter, she wanted to explain the events in

chronological order.



April 2, 1992, as Chairman of the Board, she met with

Assistant Counsel Bradley Booke, UNLV Foundation Chairman

John Goolsby and President Robert Maxson to review the

contract. She was not asked to take action on the contract,

nor did she approve the contract on behalf of the Board of

Regents.



April 9, 1992, she Chaired the Board of Regents meeting and

the minutes reflect that Dr. Hammargren was not present dur-

ing the discussion of the contract for Mr. Massamino. The

details of the contract were explained to the Board members

by President Maxson. Minutes were written and sent to

members of the Board for review, then subsequently approved

by the Board at its May 14-15, 1992 meeting. The minutes

have now become public record. There was no reference to,

or questions asked of, the written minutes at that time.

General Counsel Klasic was present at both meetings and

advocated the approval of the contract.



She reviewed the supplemental contract and considered it a

private contract that had nothing to do with the Board of

Regents. At the April 9-10 meeting, the members were told

that the Coach would be allowed to enter into other busi-

ness contracts. Mrs. Sparks stated that she should not be

accused of hiding any facts from the Board of Regents.



Mr. Klaich stated that he remembered the pride he shared

with many as the UNLV Rebel Basketball Team won the national

championship in Denver. In retrospect, he does not care

about basketball because of what it has done to one of

Nevada's institutions of higher education. UNLV, a wonder-

ful institution, has been burdened time after time with

scandals based on this adjunct sport. These scandals have

stolen the pride he and others once shared for UNLV.



All members of the Board have 20/20 hindsight and are now

feeling either clever or stupid over this incident. It

is not indicative on how the members of the Board were

charged to the institution or the State at that particular

time. Mr. Klaich stated that he was acting in the best

interest of the University and now feels betrayed. The

Supplemental Employment Agreement is a material element

of the employment of Mr. Massamino, which should have been

disclosed and was not. He was amazed at how the disclosure

could not have been justified for approval by the Board.

There were illusions at the meeting and reflected in the

minutes. He stated he was thankful for Dr. Guinn on his

thoughtful and preliminary presentation. Mr. Klaich

stated that he would support the recommendation for pro-

ceeding and is confident that Dr. Guinn will relay all

the facts.



Mrs. Gallagher stated that she too belt betrayed by the

people in whom the Board placed its trust. In retrospect,

the Board should have handled these athletic issues with

more dignity. It has become a media circus over the past

several years. The Board of Regents tries to make the

right decisions for higher education, but tends to make the

right decisions to look good in the media. She stated that

she will support Dr. Guinn to do whatever is necessary to

put this issue to rest. Higher education is faced with

many serious challenges, and this Board tends to spend most

of its time on athletic issues. It is incumbent upon the

Board to support Dr. Guinn 100% to bring closure to this

issue, in order for the Board to move ahead on issues that

are challenging higher education in Nevada.



Chairman Eardley stated that many of his fellow members of

the Board ran for this unpaid position to help students of

higher education, but then the members tend to lose sight

because of such issues as this. He had tremendous pride

for the UNLV athletic team, but since issues regarding the

UNLV athletic program have arisen, it has become difficult

to perform the duties as a Regent. The media continues to

blast the actions of the Board on these issues, but does not

take the time to report on all the positive issues that the

Board addresses. When the foundations were formed it was

understood that their purpose was to raise funds for stu-

dent scholarships, not for athletic coaches' salaries.

Chairman Eardley stated that coaches are already well-paid,

without any funding from outside sources such as the founda-

tions. There is too much emphasis placed on coaches and

their salaries. Chairman Eardley stated that he understood

that the NCAA is reviewing the salary issue for athletic

coaches.



Chairman Eardley encouraged the Board to support Dr. Guinn

in rectifying this matter. Chairman Eardley stated that he

never did see the original contract and felt that it was

kept from the members of the Board. Athletic issues are

taking up too much of the Board's time, when that time

could be spent on other critical issues.



Dr. Hammargren moved approval of the Board of Regents to

direct Dr. Kenny Guinn, Interim President, to appoint an

administrative officer under Chapter 5, UCCSN Code to in-

vestigate whether any University employee violated the

prohibitions of Chapter 6 of the UCCSN Code relating to

these contracts. Dr. Guinn is empowered to take appropri-

ate action, which could include suspension or termination

of a contract if wrong doing is uncovered. Mrs. Whitley

seconded.



Mrs. Berkley requested that the motion contain language

to reflect that the administrative officer be an attorney

who will be able to examine the behavior of UNLV Admin-

istrators and determine if any illegal behavior has oc-

curred. Dr. Hammargren stated that the motion on the floor

addresses her concerns, and General Counsel Klasic reaffirm-

ed by quoting from the UCCSN Code, Chapter 6.7.1.



Mr. Klaich questioned if the intention of the motion was

to terminate the contracts, and Dr. Hammargren affirmed.

In response to a question, Dr. Guinn stated that the motion

on the floor will provide him as Interim President with the

latitude to bring this issue to a close.



Mrs. Price questioned whether Section 9.3 of the employment

contract regarding arbitration of contract disputes would

aid in this process and General Counsel Klasic stated that

it has not been determined at this time if there is a con-

tract dispute.



Chairman Eardley stated that the motion is necessary to show

support for Dr. Guinn in his actions as Interim President of

UNLV. Mr. Graves stated that he supports the motion, but

questioned whether the Attorney General's investigation

would be included in UNLV's investigative findings, and

General Counsel Klasic responded that the Attorney General's

investigation will be looking for any criminal act, not

necessarily any Board of Regents' violation or NCAA viola-

tion.



Dr. Derby, as Chairman of the ad hoc UNLV Presidential

Search Committee, stated she appreciated Dr. Guinn's efforts

on behalf of the University to address these issues prior

to the hiring of a new President.



Mrs. Price encouraged the Board to retain its authority and

responsibility in this matter rather than asking Dr. Guinn

to assume such responsibility. Chairman Eardley responded

that all 11 members of the Board are dedicated to their

responsibility and this action is a direction for the Pres-

ident at UNLV. The Board will retain its reponsibility

and will review the matter closely.



Motion carried.



Dr. Hammargren stated that he, too, felt betrayed and that

Dr. Maxson and Mr. Massamino knowingly perpetrated fraud.

He indicated that he was in the hallway during the vote

taken at the April 9-10, 1992 Board of Regents meeting,

but had returned to the room during the Coach's remarks.

He related he has always had concern with 5-year contracts

for coaches. He felt that the Board was given false in-

formation concerning these contracts and there may be poten-

tial NCAA violations. He stated that he would support em-

powering Dr. Guinn with this problem.



Dr. Hammargren stated that he would have made a motion to

immediately suspend or terminate the contract for the Coach,

but the Coach has civil rights and there may be a liability

for the University. Dr. Hammargren stated that he had not

approved any 5-year contract, however he felt this was not

an isolated issue.



The open meeting recessed at 12:07 P.M. and reconvened at 12:35

P.M. Friday, August 26, 1994 with all Regents present except

Regents Foley and Hammargren.



23. Approved the Remodeling Project, Jot Travis Student Union,

UNR



Approved to issue bonds in the amount of $1.4 million for

15 years to help fund a $2.4 million remodeling project

for the Jot Travis Student Union at UNR. The bonds will

be repaid from the Student Union Capital Improvement fees

currently charged all students. No fee increase would

be needed to meet the additional bond requirements. The

additional $1 million for the project will be funded by

ASUN.



The remodeling project was reviewed and approved by the

Campus Student Union Advisory Board which is comprised of

students, faculty and Administration.



Bond issues must be approved by the Nevada State Legisla-

ture; therefore, it is recommended that a bill draft for

this project be submitted for the 1995 Legislative Session.

President Crowley explained that this item is a formality

to request legislative approval for this project. It is

hoped that the Legislature will address this issue in the

beginning of the session in order for the project to begin.



Mr. Graves moved approval for UNR to seek approval from the

1995 State Legislature in order to have bonds issued in the

amount of $1.4 million for 15 years to help fund a $2.4

million remodeling project for the Jot Travis Student Union

at UNR, and to work with the State Public Works Board. Mrs.

Gallagher seconded.



Vice Chancellor Sparks indicated that this will require a

bill draft request, which has already been developed and

upon approval by the Board will be submitted to the Legis-

lative Counsel Bureau.



Motion carried.



24. Approved UCCSN Bill Draft Requests for 1995



A. Approved a bill draft request for the 1995 State Legis-

lative Session that has been proposed by UNR to amend

NRS 277.180 to allow governing boards of interlocal con-

tracting parties to delegate ratification of those in-

terlocal contracts to duly authorized persons. It is

felt the language of the current statute causes delays

in implementation of these interlocal contracts when

quick action may be needed since governing bodies meet

only periodically.



Mrs. Gallagher moved approval of the bill draft request

to amend NRS 277.180 to allow governing boards to dele-

gate the signing authority for interlocal contracts.

Mr. Klaich seconded.



Mrs. Price stated that it would be appropriate to add

an amount to the bill draft request which would make

it a more conservative piece of legislation. Mrs.

Gallagher noted that NRS 277.180 not only applies to

UCCSN but to other State agencies and she did not feel

comfortable placing an amount on a bill that affects

others.



Mrs. Sparks suggested that wording be included in the

bill draft request which states that all interlocal

agreements must come back to the governing board in

order for the Board of Regents not to allow its ability

to relinquish its responsibility to review the con-

tracts. Interim Chancellor Richardson stated that

legislation should not affect the reporting procedure

to the governing boards. If the Board of Regents should

desire to continue receiving this information, it can

be furnished, but this bill draft request is intended

to speed up the process in getting such documentation

signed.



Mrs. Gallagher clarified that this bill draft request

is enabling the Legislature to allow each governing

board to make its own policy.



Mrs. Price indicated that this will remove the Board's

legitimate authority.



Mrs. Price opposed. Motion carried.



B. Approved a bill draft request for the 1995 State Legis-

lative Session which has been proposed by the UCCSN

Office of the Chancellor to address the Cost Sharing

Provision in the Student Loan Reform Act of 1993.

This provision requires each state to pay a portion

of the U. S. Department of Education Secretary's de-

fault costs on student loans. Beginning in fiscal

year 1995, if a school with a cohort default rate ex-

ceeding 20% for the most recent fiscal year for which

rates are calculated is located within a particular

state, that state will be required to pay a fee to

the Secretary to partially offset the Secretary's

default costs related to that school. This bill

draft would propose a cost sharing provision requir-

ing the school that issued the loan to bear part of

the cost of repayment.



Mrs. Whitley moved approval of the bill draft request

regarding the Cost Sharing Provision in the Student

Loan Reform Act of 1993. Mrs. Sparks seconded. Motion

carried.



25. Approved the Completion of Mackay Mines, Phase III, UNR



Approved to seek approval to request Interim Finance

Committee approval to increase the scope of work from

$7 million to $10 million on the Mackay Mines, Phase III

Completion at UNR.



This will allow the completion of the Engineering Mines

Library which was deleted from the original scope of work

because available funds were not sufficient to award the

alternates on the project.



Mr. Graves moved approval to seek approval from the Interim

Finance Committee to increase the scope of work from $7

million to $10 million on the Mackay Mines, Phase III Com-

pletion at UNR. Mrs. Gallagher seconded. Motion carried.



Dr. Hammargren returned to the meeting.



26. Information Only: Report on Use of Student Access Monies



Beginning with the 1993-94 academic year a portion of stu-

dent fee increases were dedicated to student financial

assistance for increasing access, now commonly referred to

as "Access Monies". In October, 1993, the Board of Regents

approved guidelines for the use of these monies to be ef-

fective 1994-95. A section of the guidelines calls for

an annual report to the Board on how the monies were utiliz-

ed. Ref. H is filed in the Regents' Office.



Chairman Eardley relinquished the gavel to Vice Chairman Madison

Graves.



Interim Vice Chancellor Steinberg reported that nearly $1.7

million was available to assist students for the 1993-94

school year through Regents' access funds. A total of

$1,863 awards were made Systemwide. 1,219 of those awards

were made based on need criteria as defined by the federal

government. Need-based awards totaled $1,029,613. An

additional 644 awards were made on Campus criteria designed

to enhance access for students who fell outside the federal-

ly defined criteria of need. A total of $666,707 was award-

ed in this category. Those assisted under this category

included minority students, single parents or those pursuing

study in fields in which they would be considered as under-

represented. Financial assistance provided by these funds

included grants, scholarships and employment (or work study)

opportunities.



Dr. Derby stated that this report is an example of the

wonderful things the Board has worked on in the last year.

She still remains embarrassed that Nevada is still at the

bottom nationwide, but this program will provide motiva-

tion to supply funding for the needy student.



Mrs. Steinberg stated that data indicates that Nevada may

have moved up into the top 40s instead of the bottom 40s.

This may not seem significant, but in the next 10 years

if this continues, Nevada will be in a much better place.



Mr. Graves stated that these figures are not as bad as it

appears in the data, because of Nevada's low tuition and

cost of higher education. If these factors are considered,

Nevada is not at the bottom of the data. Dr. Derby agreed

and added that Nevada is still a bargain for higher educa-

tion, but there are still many people who are being priced

out of higher education and it is tremendously important

to make funds available to those in need.



Chairman Eardley returned and resumed the gavel.



27. Information Only: Economic Development Proposal



Regent Hammargren had requested that the concept of an

Economic Development Network be briefly introduced to the

Board of Regents and that staff be requested to bring back

to the Board of Regents at a subsequent meeting a more

detailed presentation of such a program. Information is

contained in Ref. I, filed in the Regents' Office.



Dr. Hammargren stated that the Community Colleges in Nevada

play an important part in the workforce and he suggested

that a representative from the Chancellor's staff be ap-

pointed as a commissioner to the Economic Development Net-

work. He suggested that Mr. Doug Burris be appointed as

a commissioner.



Mrs. Price stated that she had a problem with the emphasis

placed on economic development. Although it is important,

the Legislature and the community should be involved in

economic development. She had a problem with allowing

outside control for UCCSN institutions without addressing

the academic role.



Dr. Hammargren stated that he would be happy to discuss

this idea in more detail at a future meeting.



28. Report of the Ad Hoc UNLV Presidential Search Committee



Dr. Jill Derby, Chairman, reported on the ad hoc UNLV

Presidential Search Committee. The Committee is in the

process of defining a leadership statement. A letter will

be sent to community leaders, students, faculty, alumni,

foundation board members to invite them to participate in

interviews conducted by Dr. William Weary, consultant, to

address the issues of the future of UNLV and what leader-

ship characteristics are needed.



Dr. Hammargren left the meeting.



On September 28, 1994, the Committee will meet to review

and refine the leadership statement, which will be sent to

the Board of Regents for consideration at its October 6-7,

1994 meeting. Thereafter, language will be drafted for

the advertisement and decisions will be made for the search

procedures.



29. Report and Recommendations of the Academic, Research and

Student Affairs Committee



A report and recommendations of the Academic, Research and

Student Affairs Committee meeting held August 25, 1994, was

made by Regent Dorothy Gallagher, Chairman.



Mrs. Gallagher reported that there was a demonstration of

the UCCSN Master Course File and Transfer Guide on computer

through the Internet. The following action items were

approved by the Academic, Research and Student Affairs

Committee:



1. Major in Gaming Management, UNR - This proposal is a

request to bring up-to-date business theory and analysis

to gaming issues.



2. Ph. D. in Education, UNR - This proposal is a request

to offer the Ph. D. as an additional option to the ex-

isting Ed. D. in the following Departments: Counseling

and Educational Psychology, Educational Leadership and

Curriculum and Instruction.



3. College of Architecture, Construction Management and

Planning, UNLV - This proposal is a request to change

the status of the current Architecture, Construction

Management and Planning program at UNLV to an autonomous

College. In addition, to expand an existing research

unit to a Statewide research and service unit, the

Nevada Institute of Architecture, Construction Manage-

ment and Planning.



Mr. Gallagher moved approval of the report and recommenda-

tions of the Academic, Research and Student Affairs, with

the exception of item regarding the Major in Gaming at UNR.

Mrs. Sparks seconded.



Mrs. Gallagher moved approval of the Major in Gaming at

UNR. Mrs. Sparks seconded.



Mrs. Price stated for the record that as she has previously

stated on other academic courses, this proposal for a Major

in Gaming at UNR is not appropriate for UCCSN institutions.



Mr. Graves stated that in reflection, gaming is a major

industry in Nevada and a legitimate industry.



Mrs. Berkley stated that she serves as President of the

Hotel and Motel Association, and she agrees that gaming

is a major industry and this program is most appropriate

for UCCSN institutions to offer.



Mrs. Price opposed. Motion carried.



Mrs. Gallagher left the meeting.



30. Report and Recommendations of the Status of Women Committee



A report and recommendations of the Status of Women Com-

mittee meeting held August 25, 1994 was made by Regent Jill

Derby, Chairman.



Dr. Derby reported that the following information items

were heard by the Status of Women Committee:



1. An agenda for the upcoming 1994-95 academic year, in-

cluding meeting and reporting dates.



2. A report on the numbers and types of sexual harassment

incidents reported during 1992 and 1993 from each in-

stitution.



Dr. Derby moved approval of the report and recommendations

of the Status of Women Committee. Mrs. Berkley seconded.

Motion carried.



31. Report and Recommendations of the Audit Committee



A report and recommendations of the Audit Committee meeting

held August 24, 1994 were made by Regent Nancy Price, Chair-

man.



Mrs. Price reported that the Audit Committee had scheduled

a meeting on August 17, 1994, but a quorum was not present.

Therefore, a meeting was scheduled and conducted on August

24, 1994. On August 17 the Committee heard a report from

Deloitte and Touche representatives on the Unrelated Busi-

ness Income Tax. The System should seriously address this

issue and make improvements in this area wherever possible.



Mrs. Price reported that the following audit reports and

recommendations action items were approved by the Audit

Committee:



1. Student Financial Services, UNLV



2. Human Resources Department, UNLV



3. Bookstore, UNLV



4. Learning Resource Center, WNCC



5. Learning Resource Center, TMCC



An information item was heard regarding the follow-up

report on the Bursar's Office, Cashiering Function, UNLV.



Mr. Graves moved approval of the report and recommendations

of the Audit Committee. Mrs. Sparks seconded. Motion

carried.



Mrs. Gallagher returned to the meeting.



32. Information Only: Changes to UCCSN Tax Sheltered Annuity

Plan



Proposed changes to the UCCSN Tax Sheltered Annuity Plan

for employees are contained in Ref. J, filed in the

Regents' Office, and are submitted at this time for in-

formation only. Action on these changes will be requested

at the October 6-7, 1994 meeting of the Board.



Mrs. Whitley left the meeting.



33. Information Only: Recommendations for Promotion or Assign-

ment to Rank



The following recommendations for promotion or assignment

to rank have been forwarded for Board consideration. This

is an information item only, with Board action scheduled

for the October 6-7, 1994 meeting.



A. University of Nevada, Las Vegas - Interim President

Guinn recommends the following promotion, retroactive

July 1, 1994:



*Ching-Shyang Chen to Associate Professor of

Mathematics, College of Science & Mathematics

*William Epstein to Professor of Social Work,

College of Liberal Arts

*Shashi Sathisan to Associate Professor of Civil

and Environmental Engineering, College of

Engineering



*Also recommended for Award to Tenure



34. Information Only: Recommendations for Award to Tenure



The following recommendations for tenure have been forwarded

for Board consideration. This is an information item only

with Board action scheduled for the October 6-7, 1994 meet-

ing.



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, Las Vegas - Interim President

Guinn recommends the following awards of tenure, retro-

active July 1, 1994:



*Ching-Shyang Chen, Mathematics, College of Science

and Mathematics

*William Epstein, Social Work, College of Liberal

Arts

Jan Klaassen, Clinical Laboratory Sciences, College

of Health Sciences

Joan Mac Donald, Radiological Sciences, College

of Health Sciences

Tom Mc Caslin, Accounting, College of Business and

Economics

Charles Regin, Health Education and Sports Injury,

College of Human Performance and Development

*Shashi Sathisan, Civil and Environmental Engineer-

ing, College of Engineering

John Schibrowsky, Marketing, College of Business

and Economics



*Also recommended for Promotion or Assignment to

Rank



35. New Business



Mrs. Berkley requested that audio cassette tapes be re-

tained in the Secretary of the Board's office for 3 years.



Mrs. Berkley wished the Board to be noticed of her in-

tention to rescind the contract for Coach Rollie Massamino.



Mrs. Gallagher stated that if after 3 years of fulfilling

a contract, the Board of Regents can take action to rescind

the contract, this may damage the Board's credibility. How-

ever, if the Board should learn that there is fraud or other

criminal action, then the Board would consider rescinding

such a contract.



Mrs. Berkley stated that by rescinding the contract, it may

damage the Board's creditibility, but stated she was con-

fident that if the actual facts are made known, then her

vote would have to be changed on the original motion to

approve the contract.



Mr. Klaich questioned whether the members of the Board were

to appear before the Federal Court in Las Vegas on Monday,

August 29, 1994. Assistant General Counsel Ulrich explain-

ed that the members of the Board have been placed on a two

week notice.



The meeting adjourned at 1:20 P.M.



Mary Lou Moser

Secretary of the Board

08-25-1994