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