November 26-27, 1991
11-26-1991
Pages 66-77
BOARD OF REGENTS
UNIVERSITY OF NEVADA SYSTEM
November 26, 1991
The Board of Regents met on the above date in the Lobby of Ham
Concert Hall, University of Nevada, Las Vegas, in a special
meeting.
Members present: Mrs. Carolyn Sparks, Chairman
Mrs. Shelley Berkley
Dr. Jill Derby
Dr. James Eardley
Mr. Joseph M. Foley
Mrs. Dorothy S. Gallagher
Dr. Lonnie L. Hammargren
Mr. Daniel J. Klaich
Mrs. June F. Whitley
Others present: Mr. Mark H Dawson, Chancellor
President Robert Maxson, UNLV
Mr. Donald Klasic, General Counsel
Ms. Mary Lou Moser, Secretary
Also present were UNLV Faculty Senate Chairman Dr. Lori Temple
and CSUN President Roderick Colebrook.
1. Public Testimony Regarding UNLV Athletic Program
Chairman Sparks opened the meeting at 1:05 P.M. stating this
was a special meeting posted to hear public testimony on the
videotaping issue at UNLV. She stated that remarks should
be limited to three minutes and that each would be timed.
She asked those persons who spoke at the evening meeting on
November 20, 1991 to please wait until the end. She an-
nounced there was a sign-up sheet at the back of the room
and encouraged those who wished to feel free to sign in.
Chairman Sparks stated that she was here as an elected of-
ficial who has given up a large segment of her life for a
non-paying job to serve the State to make a difference in
higher education. She related she has been on the Board 7
years and has watched dramatic improvements on all Campuses
during that time. She stated she had attended a banquet to
honor the UNLV football team a new evenings prior to this
meeting and described the emotions that had put this current
matter in perspective. She related that a number of the
players had spoken about what the University meant to them
and what it had done for him. She cited "Hunky" Cooper's
emotions as he told of his father being a graduate of the
University, and of others who loved their University and
their coaches; how others were ready for the next season;
and for how they came to UNLV to get an education. Chair-
man Sparks stated that the Board has a great deal of respect
for the students and faculty; that UNLV is building into a
good, academic school.
Dean John Massengale was asked to explain the conditioning
class in question. Dean Massengale stated the class is PE
130C, listed on page 136 of the UNLV catalog. The class
first appeared in 1974 and has run for the past 17 years.
The conditioning class is for student athletes to condition
themselves for their respective sports and they earn one
credit. It is open to all students. The assigned instruc-
tor is Dan Austin, and in the past Tim Wilson and Gil Royes
have also been in charge. Each year class content is re-
viewed with the teacher of record, including the legalities
to be observed. All students must have weight lifting,
suited to their particular sport. Class members may meet
at different times because of their schedules; individual
kinds of exercises are designed for specific kinds of
activities. Coaches can request specific training exer-
cises for their sports.
Chairman Sparks questioned whether Coach Tim Grgurich was
an instructor, with the Dean replying that he was not.
Chairman Sparks then asked whether the coaches grade the
students for this class, and the Dean again replied they
did not, but they may make suggestions to the instructor
of record. Mrs. Whitley asked why coaches would conduct
this class and whether they would be teaching for Mr.
Austin. The Dean answered that the coaches would be add-
ing to, not supplanting Mr. Austin. Dr. Eardley asked
about the term "characteristics of the sport", with the
Dean replying that it is an attempt to increase the
strength and skill and agility of the student for the
particular sport, but the basis of the conditioning is
weight lifting.
Chairman Sparks read from the NCAA rules, Section 17.02.
12.2, Article B, that attendance is voluntary for a con-
ditioning class, that it is open to all students, not
just athletes, that the class is to meet for 8 hours per
week, there is to be no sports equipment present (i. e.,
a ball, etc.), fundamentals of a sport or techniques may
not be taught.
Dr. Eardley asked whether Department Heads evaluate the
instructor of this class. Dean Massengale replied that
yes, they do, but not for Mr. Austin who is not in the
Department but reports to the Athletic Director. He stated
that the Athletic Director determines merit for Mr. Austin.
Mr. Klaich asked whether a breakout session was part of the
conditioning class or outside the class and whether it was
standard practice. Dean Massengale answered that they are
part of the conditioning class if the coach wishes, but it
is voluntary. Dr. Eardley asked whether the class was now
over, and the Dean replied that it runs contintually. Dr.
Eardley then asked which Athletic Director would evaluate
this class (Mr. Finfrock or the newly appointed Mr. Weaver),
with the Dean replying that he did not know, that the eval-
uations usually occur in the Spring and probably Mr. Weaver
would be instrumental in the evaluation but would consult
with the coaches.
Chairman Sparks stated the Board would entertain public
testimony and input, and asked that no "name-calling", nor
"grilling" of the Board, nor series of questions to the
Board would be acceptable.
Those testifying were:
Mr. Jesse B. Scott, NAACP, who is pastor of the Second
Christian Church, distributed a statement of reconcil-
iation and healing, stated he had watched the growth
of UNLV over the years, and it was his belief that the
University does not belong to the Regents, the Presi-
dents, the coaches, or the Faculty Senates, but belongs
to all. He cautioned that the distractions take away
from the University and urged the Board to act in the
best interests of the students and the State.
Mr. Chet Cox, a scholarship donor and concerned citizen,
stated he had watched the growth of UNLV and that Mr.
Jerry Tarkanian and his staff had brought national
recognition to UNLV and he feared that with Mr.
Tarkanian's leaving the University the strong monetary
support would no longer be forthcoming.
Dr. Terry Piper, Director of Residential Life at UNLV,
stated the Board determines the visibility of UNLV and
which interest groups are to run the University, but
one voice not heard has been the students, who are af-
fected by the current controversy. The Residence Hall
Executive Board, made up of students, asked that Dr.
Piper relay that they feel there is a lack of under-
standing of what is happening, they are suspicious of
the Board, the Administration and athletics; they are
afraid the matter will never get resolved; they are
unclear of what is actually the truth; the media blitz
is forceful, although they do know it can't be believed.
He continued that the student leaders stated they fear
negative opinions about their school and fear the pub-
licity will affect the degrees they are working for.
They request the focus be placed on academics rather
than basketball, and are looking to the Board for lead-
ership. They want a positive reputation.
Dr. Kenneth Koester, State Board of Education member,
stated he had graduated from UNLV and became a faculty
member here and has tutored and taught UNLV athletes.
He urged that the University "get back to the real
world" and added that graduates are hired from what is
known about their University. He stated he did not
think a camera should be used without the persons know-
ing about it, but if something was wrong, he felt it
could be used in a classroom. He stated he did not
think the Board should get rid of the President, that
Dr. Maxson and his Administration has brought a great
deal more to the University than athletics.
Dr. Lewis L. Friedman, a concerned citizen and physi-
cian, stated he and his son have contributed to the un-
restricted funds of the President, and that he, person-
ally, has assisted medical students and football stu-
dents to complete their education. He stated he was
one of the founders of the football foundation and be-
lieved that "overzealous" alumni and coaches have lost
sight of the NCAA rules. He added that he felt the
NCAA was needed as it assures a "level playing field",
but that all rules need to be observed and self-polic-
ing is "very important". He stated that in his opin-
ion the media had handled the matter badly, and they
should stop. He lauded the basketball coach, and
urged the Board to get on with running the University
and to let the Athletic Director take care of the
Athletic Department.
Dr. Vernon Mattson, Assistant Professor of History,
stated be began at UNLV in 1969 and is very much aware
of its history. He related that the issue is not Maxson
vs. Tarkanian, or athletics, but that the Administration
in their pursuit of getting information did the most
damage to the University. He stated he did not agree
with the Faculty Senate's resolution, that although
the President has done a great deal for academics, he
is responsible and the Administration is responsible
for violation of civil liberties.
Dr. Bill Thompson, Professor of Public Administration,
came to UNLV in 1980. He stated he agreed with Dr.
Mattson and offered for a solution that the Administra-
tion use this opportunity for policy making. He re-
lated that a cooperative arrangement with a University
in China has been dropped because of this matter, that
the Chinese government does not want to have their stu-
dents come to UNLV. He stated he felt the "camera
episode" is not an isolated situation, citing classroom
evaluations and interference by Department Chairmen
with students. He felt that unofficial investigations
should be totally prohibited unless the President auth-
orizes such in writing.
Dr. Jim Deacon, Professor of Environmental Studies,
stated he began teching at UNLV in 1960. He stated he
had missed the point of the testimony of the previous
two professors. He felt there were two main issues,
the desire to learn and the resistance to change. He
stated he felt the media is using the resistance to
change to tear apart the community. He related that
as UNLV attempts to change its athletic program over
the past year-and-a-half that the use of cameras was
a rallying point. He stated that the changes made by
Interim Athletic Director Finfrock have been resisted
by some.
Dr. Ian Mylchreest, History Department, teaching Ameri-
can Constitutional History, stated he believed the
taping incident has nothing to do with civil rights
and had voted for the Faculty Senate resolution. He
stated he felt the issue was the manner in which the
University should administer the Athletic Department.
He stated he felt academic freedom (at UNLV) was "alive
and well"; that the Administration has defended academic
freedom on the Campus. He stated that his classroom
door is unlocked and "anyone can come in". He stated
that this in no way compares to "Berkeley in the '60's".
He related that the "ball and chain" of the Athletic
Department is an embarrassment and cited an incident of
visiting in Australia where they wanted to know "What's
the real dirt?". He stated that at the "best" Univer-
sities athletics is subservient and urged that the
Athletic Department be "cleaned up".
Mrs. Nancy Flagg, employee at UNLV, stated she is a
valedictorian graduate of UNLV and has been involved
with the University for 17 years. She asked that the
Board stand up and take action and not to give the pub-
lic a "sacrificial lamb". She stated that a majority
of the University have denounced Mr. Booke's action on
taping, and urged that a policy be developed. She add-
ed that the Campus is ready to go forward, but felt the
community is not. She stated that she felt the Univer-
sity has "squandered" funds on the Daniels case and
attorney fees. She related that the underlying issue
is the President in enacing the will of a majority of
the Campus; that the Athletic Department had been "out
of control". She added that no one has denied a mis-
take occurred, nor have they covered it up, and she
felt the Board was taking proper action by questioning
an employee, that they should take action and move on.
Mr. Andrew Carney, Pan America - Texas, questioned why
the Board was "carrying the Daniels things on" when he
never did play at the University. He stated he felt
it was ludicrous to "go through this" over such a small
thing. He related that in his opinion Jerry Tarkanian
should never leave UNLV. He remarked that students
now don't want to come to UNLV because of all this. He
urged the Board to "get serious" and that Jerry Tarkan-
ian should stay.
Mr. Klaich countered by stating that a lot of students do
want to come here as evidenced by the fact that enrollments
are up; that students come to UNLV to study.
Mr. David Chapman had signed the roster, but did not
appear when his name was called.
Dr. Dale Anderson, Dean, UNLV College of Education,
stated he was a former varsity basketball player on
a scholarship and owned a great deal to athletics for
his success. He related he had played in conferences
and in national championship games. He stated he had
lived as a student athlete and felt that the priori-
ties must lie in academics for all students. Dean
Anderson stated he was President-elect of the National
Deans of Education of the United States and interacts
with the top Universities in the country. He cited the
growth in enrollments at UNLV and related to the Board
that of 21 new faculty members hired last year in his
College, they were able to hire their number one choice
each time, and added that none came because of any
athletic team but because of the academic standing of
the institution and because they felt there was an op-
portunity to become leaders nationally. He stated he
did feel that the UNLV men's basketball program was a
negative factor in hiring, however. He stated it was
crucial that athletics and the men's basketball program
in particular must return to its proper place in the
mission of the University. He stated that athletics
and academics can co-exist, but that academic is pri-
mary.
Mr. Paul Sturiff, from the UNLV Student Government,
stated his organization has passed a resolution on the
video taping. He stated the students were "outraged"
that the taping had been done and they felt that ath-
letics is subordinating academics. He stated he sup-
ported the President's actions taken after the taping
and supported the Administration. He stated the stu-
dents did their own investigation. They felt the
video taping was a "smear" but it was time to pull
together, to put academics over athletics and to move
forward.
Mr. Ronald Bruno Bordigioni stated that he had talked
with a judge "yesterday", and asked the Board not to
lose faith but to do the right thing. He stated he
knew Mr. Booke, and Sheriff Robin Holmes, Bullhead City,
and made a reference to the Attorney General. Chairman
Sparks cautioned him about making accusations.
Mr. Lonnie Wright, a UNLV graduate in Hotel Management,
stated he also held a master's degree in education. He
stated he was a former UNLV basketball player, and felt
there had been discrimination and that he did not feel
UNLV had ever "embraced" their athletes and helped them
to graduate. He stated he had applied for, but had
never been hired, a full-time job at UNLV because he was
a former UNLV basketball player. He stated a group of
former UNLV basketball players has been formed, but
they are stereotyped as "dumb Neanderthals" and that he
had to go to another continent to get a job that in his
own town he was discriminated against.
Dr. Christian (Chris) Dolan stated he had been at UNLV
since 1962, and felt the present Administration had
allowed the professional activities of his colleagues
to put UNLV on the "academic map".
Mr. Henry Zawacki stated that he was hearing that aca-
demicians wanted to get rid of athletes when he thought
"this was about locked doors". He stated he blames the
"top man" for the incident. He stated he has not missed
a practice (of the men's basketball team) in 4 years and
that he could always "knock on the door" and "Timmy
would let you in". He added that the doors were locked
because they lock themselves as they shut. He stated
he did not believe there had ever been tape over the
doors (so no one could get in or see in). He related
that the newspapers had "killed" Tarkanian, that they
did not like him. He stated that no member of the Board
of Regents came by the practices, and they were getting
"paid big bucks". Chairman Sparks questioned whether
he attended both practice and conditioning classes, and
he answered that he did, that he had been a coach for
30 years.
Mr. Patrick Cleary stated he was a UNLV supporter, an
attorney, and a "real booster" and supported both ath-
letics and academics. He stated he believed the force
that brought the community together was UNLV basketball.
Dr. Hammargren entered the meeting.
Mr. Cleary stated that in his opinion the filming was a
violation of civil liberties.
Chairman Sparks asked whether there were others who had not
signed the roster who would like to speak and encouraged
them to do so.
Dr. Kent Pinney stated he had been at UNLV 19 years,
having come from the University of Utah Campus. He
stated he has mixed emotions concerning this matter
for he has a great respect for all those involved. He
asked why the media must focus on the negative. He
urged that all must function together as a body -- that
UNLV has a "marvelous" academic program and he is also
grateful for the great athletic program on the Campus.
Mr. Roderick Colebrook, CSUN President, stated he does
not condone the videotaping, but can understand what
went on. He stated he felt some wrong decisions had
been made, but realized there were infractions. He
added that he supports President Maxson; that he feels
the President has done a tremendous job in putting aca-
demics first and athletics second. He stated he wanted
UNLV to be known for academics. He offered that Presi-
dent Maxson should be allowed to deal with the problem
and to relate his solutions to the Board. He stated he
felt the hiring of the new Athletic Director is a good,
positive change and should now be given the opportunity
to handle the Athletic Department.
Ms. Pauline Kennedy, foster mother and concern citizen,
stated she did not understand Mr. Booke's job and she
thought he had been hired as the UNLV Compliance Offi-
cer. She added that Jerry Tarkanian has done a lot for
the University and the Board should ask him if he wants
to retire.
Mr. John Woodrum, President of the Independent Casino
and Hotel Operators organization, stated he has a per-
sonal interest in the University as his son is a Soph-
omore at UNLV. He stated academic freedom is a neces-
sity. He related that he is proud of what the basket-
ball program did for his community, that they have
brought in over a billion dollars for Nevada. He stat-
ed he knows why UNLV exists and it is not the Hotel
School, which doesn't make headlines, it is the cham-
pionship basketball team. He cited the State's gamb-
ling interests that "stood shoulder to shoulder" and
took on the rest of the country when gambling was
frowned upon; and stated that the Rebels did the same
with their basketball program. He stated that it was
the Board of Regents' job to make the University work,
and added that the Board is being watched and that
they had better perform, or "we will perform".
Dr. Len Zane, Professor of Physics, stated he has been
with UNLV since 1973. He stated he would like to think
the faculty at UNLV deserves at least some of the credit
for building the University. He acknowledged that the
basketball program had given the University visibility
but that it was time to get the University back in con-
trol. In conceding that Mr. Tarkanian had resigned, he
stated that no apologies were made when Mr. Tarkanian
or the players had embarrassed the University, but that
Mr. Booke had apologized. He related that he was
pleased with the "new regime" and found it very excit-
ing.
Dr. Ken Hanlon, Music Department, stated he had arrived
at UNLV in 1970, and had been instrumental in starting
the pep band. He stated he did not condone the video
taping, but was concerned that the Faculty Senate reso-
lution might be "starting a war". He related that in
1972 the President wanted to hire the coach, but the
boosters did that. He added that he felt a policy was
needed on surveillance; that the number one job of the
University was academics and that sports was an extra-
curricular activity.
Mrs. Jackie Mc Call Singer stated she was very involved
with academics at the University and called for an in-
dependent investigation. (Ms. Singer had spoken to the
Board at their meeting on November 20, 1991.) She
stated she felt the Board's credibility was low and
that she had talked with President Maxson about her
feelings. She stated she will always support academics
at the University. She asked whether UNLV had a private
investigater on its payroll and asked what funds were
used to pay him. Chairman Sparks asked what, specif-
ically, Ms. Singer wanted investigated. Ms. Singer
stated that the public hasn't heard enough. Chairman
Sparks stated that the Board has the facts on the
matter.
Mr. G. R. Fitzgerald stated that his daughter was at-
tending UNLV, and asked how many tapings had been done
and that the public did not know about. Chairman
Sparks stated there was one instance of taping and
three tapes had been made. She stated that no other
classes have been secretly taped, that Dr. Maxson,
Mr. Finfrock and Mr. Booke all assure this was the
only instance. Mr. Fitzgerald asked Mr. Foley about
the statement made that Mr. Tarkanian would stay if
President Maxson would leave. Chairman Sparks answered
that the remark had been made by Mr. Bruce Pascoe, a
reporter.
There being no other persons who wanted to speak, the Board took
a 15-20 minute break.
President Maxson stated that the taping had been a mistake,
and that no one had ever questioned that it was a mistake.
He explained the incident of mail opening, which was report-
ed in the media, had occurred six months ago and he had only
read it in the newspaper after the taping incident came to
light. In checking with Vice President Harry Neel, the
President learned that the System auditors were concerned
that checks coming into the Athletic Department were not
centrally handled. This caused the gifts to not be properly
acknowledged. At the request of the auditors, the mail was
then opened at a central location, but after 5 or 6 days,
when a complaint was received, the practice was stopped.
The President related that no complaints had been filed
with his Office. He added that UNLV has a procedure for
the filing of complaints.
In the matter of the investigator as posed by Ms. Singer,
President Maxson stated that the Public Safety Director
does hire a security firm for routine building checks. He
stated that it is necessary for a 24-hour per day security
check and they contract with people who handle security.
He cited a biology lab in the animal research area where
there had been break-ins about 3 years ago. Also, he cited
that in the building where the President's Office is housed,
there are computer labs open 24-hours a day for student
access and these are checked periodically for security
reasons. Mrs. Berkley asked if there was any covert sur-
veillance, with the President replying that there was none;
however, if he ever found out it did happen, the Board
would not have to deal with it.
Mr. Klaich stated he was sorry a number of the persons pres-
ent before the break had left and expressed his appreciation
for their input. He added that after the Wednesday person-
nel session (November 20, 1991) he had asked that the video
tapes in question be released and had sought consultation
whether it would be legal to do so because he felt the pub-
lic should see the tapes. He stated he would vote against
the calls for a private investigation, and felt the "Let's
get on with it" attitude was great and that the new Athletic
Director should be allowed to serve. He related that he
regrets the "camp" mentality, that anyone who says anything
gets stuck in a "camp". He added that he appreciates the
input, but does not want anyone labeled into a "camp". Mr.
Klaich said that he saw no need for personnel action, fur-
ther investigation or condemning the Administration; that
he had every confidence in the President. He stated he did
not condone the video taping, and accepted the apology. He
declared that it was time to put it all behind and to let
the "armchair quarterbacks" on the Board of Regents stop
administering policy.
Mrs. Gallagher stated she felt the Board has been open and
fair minded, and that after this meeting and the 9 hours
of the last meeting that she did not intend to "be back on
this matter". She stated she felt very comfortable with
the Board actions and that the Board did take its job very
seriously. She added that it was now time to work on a
supportive policy and cited that there were decisions to be
made in the State which would make a differnce, that the
State had some "big problems".
Chairman Sparks also stated that the Board takes its job
seriously, that they are elected officials, and this
would not normally be a Board matter, but would be an ad-
ministrative matter. However, in attempting to do what
is right for the System, the Board needed to have input
from the Administration and from the public. Dr. Eardley
stated that this had been a real challenge for the Admin-
istration to solve; that it was time to stop the infrac-
tions. He stated that President Maxson has complete back-
ing. Dr. Hammargren stated that President Maxson has
complete backing and gets an "A+ in academics"; however,
he did not believe it was an Administration affair, that
the System Office was involved so the Board needed to look
at the problem.
General Counsel Klasic stated that in his opinion, there is
no legal objection to the public seeing the tapes. Mr. Eric
Pappa, reporter, stated that his paper, the Las Vegas Sun,
had requested a copy of the tape. Mr. Klaich stated that
the release of the tapes is not asked for with pride, for
it will cause pain for the University.
As the tape was being readied for showing, General Counsel
Klasic related that the video tape was of the men's basket-
ball team, filed between 3:15 and 4:00 P.M. on October 8,
1991 in a room at the North Gym. He stated that all the
people on the tape are from the men's basketball team and
program. Chairman Sparks added that the video contained
a breakout session of the men's basketball program. Mr.
Foley asked about what they were viewing, and Mr. Klaich
explained that as Dean Massengale had stated there are
breakaway sessions that anyone in the class who wants
to sign up for extra conditioning specific to a certain
sport or activity may do so; that it is not just for those
in the conditioning class and that the breakaway sessions
may be taught by anyone.
General Counsel Klasic explained that there was no audio;
that it was a continuous recording in that the video record-
er was not turned off during the filming. He also stated
that in order to avoid charges that there was an attempt to
influence the news media, no comment would be made about
the activities shown on the tape while it was running. The
tape would be shown and persons would be free to draw their
own conclusions. He added that 5 copies had been made for
distribution to the media and if there is a great demand
for the tapes there will be a charge for the duplication
costs.
The tape of October 8, 1991 was then shown. The meeting was
recessed during the showing of the tape.
The meeting reconvened at 4:10 P.M. after the viewing of the
tape.
Mr. Foley left the meeting.
2. Preplanning for a Committee on Surveillance
Chairman Sparks announced that Chancellor Dawson would soon
appoint a Committee on Survellance with representatives from
Faculty Senates, students, classified personnel, Administra-
tors and Regents. She promised to announce the names of the
members of the Committee at the Board meeting on December 5
and 6, 1991.
3. Report of the Regents Fall Workshop
Chairman Sparks announced that academic discussions had
taken place at the Fall retreat held in Gardnerville and
reports and recommendations would be forthcoming.
4. New Business
Mrs. Gallagher asked that an action item be placed on the
next Board agenda for a vote of confidence for President
Maxson.
Mrs. Berkley asked that a policy be developed so that coach-
es could no longer teach conditioning classes, and was in-
formed that there is such a policy in the Handbook. Mr.
Klaich suggested that the new Athletic Director should be
given a chance to review current policies and to suggest
any new policies as necessary. Mrs. Berkley agreed.
The meeting adjourned at 4:45 P.M.
Mary Lou Moser
Secretary of the Board
11-26-1991