University System of Maryland Board of Regents

April 13, 2007

Minutes of the Public Session

A.     Chairman Kendall called the meeting of the University System of Maryland Board of Regents to order at 8:45 a.m. on Friday, April 13, 2007 at the Chesapeake Biological Laboratory on the campus of University of Maryland Center for Environmental Science. Those in attendance were:  Chairman Kendall, Regents Finan, Florestano, Gill, Gossett, Heidemann, Hoffman, Johnson, Kelly, Mandel, McMillen, Mitchell, Nevins, Pettit, Pevenstein and Slater. Chancellor Kirwan, Vice Chancellors Goldstein, Vivona and Raley; Assistant Attorneys General Goedert and Short; USM Presidents Aldridge, Boesch, Caret, Hrabowski, Hunter-Cevera, Mote, Ramsay, and other institutional representatives; Ms. Ryan; Ms. Doyle, USM Staff; members of the press and others.

B.     Dr. Boesch welcomed the Regents and others to the campus and discussed achievements at UMCES and highlighted some of the key research at the center. 

C.     Committee of the Whole

1.  Chairman Kendall and Chancellor Kirwan conferred the following Regents' Faculty Awards:


Dr. Bonnie Thornton Dill, UMCP
Dr. James Howard, UMUC
Dr. David Inouye, UMCP
Dr. David O'Brochta, UMBI

          Collaboration in Public Service: 

Dr. Mark Marten, UMBC
Dr. David Schaefer, TU

          Public Service:

Dr. Philip DeShong, UMCP
Dr. Renee Shea, BSU
Dr. Sudhir Singh, FSU
Dr. Yonathan Zohar, UMBI


Dr. Ernest Bond, SU
Dr. Christine Nielsen, UB
Dr. Edward Redish, UMCP
Dr. Don Spickler, SU

           Research, Scholarship, Creative Activity:

Dr. Sandra Herbert, UMBC
Dr. Arie Kruglanski, UMCP
Dr. Robert Schwarcz, UMB

2. The minutes were unanimously approved. (Moved by Regent Finan, seconded by Regent Heidemann; unanimously approved).

3. Appointment of Nominating Committee.  Chairman Kendall announced the formation of a BOR Nominating Committee to recommend the officers of the BOR for the period of July 1, 2007 to June 30, 2008.  The Nominating Committee includes Regents Mitchell, Florestano and Mandel.  Chairman Kendall announced that any regent interested in serving as an officer of the BOR for the coming year should submit their name to a member of the committee.

4. A proposed modification of USM II - 1.05 Policy on the Employment of Full-Time, Non-Tenure Track Instructional Faculty (FTNTT) in the University System of Maryland, Section C.7. (Benefits) was presented to the BOR for consideration.  The revised policy provides the state health benefits subsidy to FTNTT instructional faculty who enroll in the State health benefits plan and provides a retirement subsidy to FTNTT with a certain number of consecutive years of full service. (Moved by Regent Florestano, seconded by Regent Finan; unanimously approved).

5. A proposed modification to the BOR Policy on Advertising VI-3.00 was presented to the BOR for consideration.  The revised policy clarifies that State appropriations may be used for paid advertisement in commercial media to recruit students, among other approved activities.  (Moved by Regent Heidemann, seconded by Regent Nevins; unanimously approved.)

6. Vice Chancellor Vivona presented the FY 2008 Schedule of Tuition and Mandatory Fees to the BOR.  The schedule includes FY 2008 resident undergraduate full and part-time tuition rates at the current FY 2007 levels as a result of action taken during the legislative session.  (Moved by Regent Pevenstein, seconded by Regent Nevins unanimously approved).

7. Chancellor Kirwan presented his report to the Board. A summary follows:  

Chancellor Kirwan thanked President Don Boesch and the University of Maryland Center for Environmental Science (UMCES) for hosting the meeting and welcomed three new regents: Barry Gossett, James Shea, and the Honorable C. Thomas McMillen.  Chancellor Kirwan reported that Don Boesch and David Nemazie-Assistant to the President-recently served as members of Governor O'Malley's Environment and Natural Resources Transition Work Group.  Their work was key in establishing the Governor's BayStat initiative to better monitor and coordinate efforts to improve the health of the Chesapeake Bay. 

Chancellor Kirwan reported on numerous achievements of USM institutions. Seven members of the USM "family" were listed among the Daily Record's "50 Influential Marylanders for 2007" and three USM leaders were named among "Maryland's Top 100 Women" for 2007.  In "rankings" news, the U.S. News ranked UMCP's graduate business, education, and engineering programs in the top tiers of their fields. UMB excelled in the most recent Association of American Medical Colleges (AAMC) research ratings, ranking 3rd among public medical schools in research grants and contracts expenditures per clinical faculty.  University of Maryland Eastern Shore (UMES) President Thelma Thompson has been named one the 100 Most Important Blacks in Technology by Career Communication for her work bringing technology to the campus and into the university's curriculum.  Later this month University of Baltimore will hold its fifth annual Community Service Day, where hundreds of UB students, faculty, staff, and alumni will take part in one of the city's largest single-day volunteer efforts. Earlier this year I had the honor of joining Governor O'Malley, Congressman Wynn, and several other prominent Marylanders at Bowie State University (BSU) for the President's Day Forum on diversity and access in higher education, hosted by BSU President Mickey Burnim.  Chancellor Kirwan also noted that our next Student Regent attends Frostburg State University, Richard Scott.

Chancellor Kirwan reported that the Solutions for Maryland's Future, "Listening Tour Report"  includes three recommendations to be implemented as a result of the listening tour: 1) Create a Clearinghouse for Internship Opportunities; 2) Respond to Workforce Shortages; and 3) Develop Communication And Outreach Strategies.

The Chancellor provided a summary of the 2007 Legislative Session, ending with a cut in our operating budget of only $2 million, less than most state entities. The capital budget is also an area where the USM saw both successes and disappointments.  While the Tawes project at College Park was added, planning funds for the Pharmacy Building at UMB were not included in the budget.  There is, however, language essentially guaranteeing these funds in FY09.

Chancellor Kirwan reported on several pieces of legislation.  The Program Duplication bill was not passed as the House and the Senate could not agree on a final version.  The collective bargaining "agency fees" bill and the bill providing for in-state tuition for undocumented resident students also did not pass.  The tuition freeze bill did pass; meaning that for the second straight year there will be no increases in tuition for in-state undergraduates. 

 (A copy of the Chancellor's complete report is on file with the minutes.)

D. Report of Councils

1. President Boesch, greeted the regents and guests, and provided a report on behalf of Thelma Thompson, chair of CUSP.  Dr. Boesch reported that the Council met and discussed a number of important issues including:  the Commission to Develop the Maryland Model for Funding Higher Education, employee benefits, NASH and accountability initiatives, and the presidents' meetings with the BOR.  Dr. Boesch thanked the Chancellor for his leadership in Annapolis during a very difficult legislative session.    

2.  Dr. David Parker, chair of CUSF, presented the report of the Council of University System Faculty.   Dr. Parker congratulated the recipients of the Regents' Faculty Awards.  Dr. Parker noted that CUSF continued to be focused on the issue of benefits for full-time non-tenure track faculty (FTNTTF) and provided a position statement from CUSF calling for conversion of FTNTTF to regular state line positions with full state benefits.

(A copy of CUSF's statement is on file with the minutes.)

3.  Mr. Larry Lauer, chair of CUSS, presented the report of the Council of University System Staff.  CUSS has met twice since the last BOR meeting and discussed a number of issues including the Regents Staff Award nominations, reinstatement of merit pay for non-exempt staff, and lack of dental service providers for certain HMO's.  CUSS supports the biennial nonexempt market survey and salary structure provided to the regents and congratulates the USM for adopting the living wage policy.

4.  Mr. Brian Bailey presented the report of University System of Student Council.  Mr. Bailey reported that USSC worked with Roz Hamlet and the System Office on a variety of legislative issues.  USSC is developing a list of issues they have been working on and plan to submit a report to the BOR in the next month.

5. Chairman Kendall commented on the policy of the BOR with regard to student housing.  The BOR supports, and will continue to support more student housing at USM institutions using fully-private funding and public-private partnerships as the primary sources of debt for construction.  Ms. Emma Simson, Student Body President, University of Maryland, addressed the BOR concerning the housing issue at UMCP.  Six hundred seniors were notified that they will not have on-campus housing next year.  Of great concern to UMCP students is the lack of available affordable housing, either on or off campus.  Ms. Simson asked the BOR to work with the students on this issue.  President Mote, Linda Clement and Doug Duncan addressed the BOR about the housing situation at UMCP, identifying their efforts to address this problem.

E. Education Policy Committee                          Regent Hoffman

1. Middle States Accreditation Reports. Regent Hoffman reported that the Education Policy Committee heard reports on the Middle States Accreditation Reviews for Frostburg and Salisbury; both institutions met all 14 standards and received a number of commendations.

2. Results of Periodic Reviews of Academic Programs.  Regent Hoffman reported that 56 degree programs were reviewed over the past academic year.  The Chancellor unconditionally approved 55 of the 56 programs that were submitted.  One program review on the social science bachelor's program at Coppin, did not include a detailed plan of action to address the recommendations of the external reviewer and was therefore granted approval on the condition that an acceptable plan be submitted to the Chancellor.

3. External Funding Report.  Regent Hoffman reported on the extramural support received by USM institutions in support of specific initiatives in research, education, or service in FY 2006.  Extramural funding in FY 2006 provided $975,947,328, compared to $983,789,967 in FY 2005, a decrease of slightly less than 1%.  UMB had a 7.4% decrease in extramural funding from its FY 2005 record high mark of over $401,000,000,while several institutions had significant increases in extramural funding in FY 2006.

4. USM Enrollment Projections. Regent Hoffman reported that the Committee on Education Policy reviewed the USM Enrollment Projections for 2007-2016 and recommended that the Board of Regents approve the projections, as submitted. 

5.  Campus Crime Reports, 2005.  Regent Hoffman reported that the Education Policy committee received the annual report on criminal offenses that occurred on campus, and on-campus arrests, campus disciplinary actions, and judicial referrals for liquor law violations, drug abuse violations, and weapons possession.

F.   Finance Committee                                    

1. Self-Support Charges and Fees for FY 2008.  Regent Pevenstein presented the schedule for self-support changes and fees for FY 2008. (Moved by Regent Pevenstein, seconded by Regent Johnson, unanimously approved).

2. USM Enrollment Projections:  2007-2016.  Vice Chancellor Vivona reported on the USM enrollment projections for 2006 to 2016.  The regents discussed the impact of planning and funding levels on the projected enrollments.  (Moved by Regent Pevenstein, seconded by Regent Florestano, unanimously approved).

3. Proposed Amendment to the Nonexempt Staff Employees Salary Structure.  Amendments to the Nonexempt Staff Employees Salary Structure were presented.  The amendments are based on the results of a biennial market survey. (Moved by Regent Pevenstein, seconded by Regent Gossett, unanimously approved).

4. University of Maryland College Park:  Increase Authorization for the Renovation of Hornbake & McKeldin Libraries.  A request was presented to increase the authorization of funds to renovate the UMCP Hornbake and McKeldin libraries from $6,584,250 to $8,165,552 to cover the costs for humidity control improvements.  The increase in cost will be covered by an NEH grant and institutional funds. (Moved by Regent Pevenstein, seconded by Regent Johnson, unanimously approved).

5. University of Maryland, Baltimore County:  Food Service Contract Renewal. UMBC requested approval from the Board to renew its food service contract with the Wood Company of Maryland for once year commencing July 1, 2007. (Moved by Regent Pevenstein, seconded by Regent Pettit, unanimously approved).

6. University of Maryland, Baltimore:  Dental Student Clinics Management Contract.  UMB requested approval of a second year of five one-year renewal options with U.M. FSP Associates, P.A. for the day to day operation of the dental student clinics at the dental School at UMB at an estimated cost of $7.1 million. (Moved by Regent Pevenstein, seconded by Regent Hoffman, unanimously approved).

G. Audit and Inst. Assessment Committee.  Regent Gill reported on the work of the Committee, noting the importance of planning.  He indicated that a goal of the Committee is for the institutions to have a strategic plan to be prepared for various contingencies. 

H. Committee on Organization and Compensation

1. Rescission to Policy VII -200.  Regent Mitchell reported that the committee reviewed the policy on annual physical exams and recommends rescission. The policy has not been in force for several years as originally formulated. The committee does recommend that the chancellor continue to strongly encourage such annual examinations to the presidents in their appointment letters. (Moved by Regent Mitchell, seconded by Regent Kendall, approved unanimously)

2. Amendment to Policy VII.5.10.  Regent Mitchell reported that the Committee reviewed Policy VII-5.10 on Associate of the Chancellor/President which recognizes the role of the president's spouse. The amendment proposed by the Committee will facilitate the approval of expenses for the associate by authorizing a senior level finance officer at the institution to review. (Moved by Regent Mitchell, seconded by Regent Florestano, unanimously approved.)

I. Technology Transfer Workgroup                 

Regent Gill reported on the work of the Committee, reviewing the goals of the workgroup, as well as the accomplishments of the workgroup and its future direction.  Regent Gill reported that the workgroup met with the Secretary of DBED and plan to work more closely with that agency, focusing on higher education as a key economic engine for the State.

 J. Capital Campaign Workgroup     

Regent Kendall announced that two new members will be joining the Capital Campaign Workgroup:  Tom McMillen and Barry Gossett.  Regent Kendall reported on the use of the $3.2 million in new funds designated for advancement.  He noted that each institution used the funds in a variety of ways to increase levels of giving and that quantifiable results will be provided to the BOR at the end of this fiscal year.  Regent Kendall also reported on other activities of the Workgroup, including an update of institutional campaigns, development of performance benchmarks and comparative data, use of Hidden Waters for institutional events to highlight milestones, donors, and star faculty and programs, STEM initiative, and the UMCP Great Expectations $1 billion campaign.

K.      HBCUs and Student Success Workgroup

Regent Johnson reported that the Work Group has met several times to consider how best to address the issues of HBCU funding and the impact of funding on improving student success among first-generation, low income and students of color compared with the rest of the student body in the USM.  One result of these deliberations is the development of a plan for USM conference focused on student achievement for late fall 2007.  The goal of this conference is to clearly define the issues that impede student achievement, identify successful, scalable programs that improve student achievement, and recommend an appropriate course of action for the USM to systematically improve student achievement.  The workgroup also reviewed the applicable recommendations from the recent report of the Task Force on the Education of African American Males and information provided in the USM Systemwide Plan for Minority Achievement, 2001-2010 annual status reports.  In addition, representatives from the Maryland State Department of Education gave a presentation on K-12 Initiatives for improving student success in college. 

L.   Walter Sondheim Jr. Resolution.  Regent Mitchell read a BOR Resolution honoring Walter Sondheim Jr., commemorating his life and contributions to the public good.  (Moved by Regent Mitchell, seconded by Chairman Kendall; unanimously approved).

The meeting adjourned at 11:53 a.m.