STATE UNIVERSITY OF NEW YORK Minutes of Meetings of the Board of Trustees of State University of New York January 19, 2010 (Subject-to-Correction) The Board of Trustees of State University of New York met on January 19, 2010 at 9:30 a.m. in the Front Courtroom, State University Plaza, Albany, New York, and at 10:08 a.m. in the Large Courtroom, State University Plaza, Albany, New York, pursuant to calls sent by the Office of the Secretary of the University on December 8, 2009. January 19, 2010 9:30 a.m. Trustees present: Mr. Hayden, Chairman; Mr. Hunt; Ms. Mercedes; Mr. Murad; Dr. O�Brien; Ms. Sanford; Mr. Staller; Ms. Warren-Merrick Trustees present via video in NYC: Mr. McCall, Dr. Noguera, Mr. Spielvogel Trustees absent: Mrs. Audi; Mr. Bellafiore, Mr. Russell; Dr. Wachsman Also present: Chancellor Zimpher; Dr. Lavallee; Mr. O�Connor; Ms. Rimai 10:08 a.m. Trustees present: Mr. Hayden, Chairman; Mr. Hunt; Ms. Mercedes; Mr. Murad; Dr. O�Brien; Ms. Sanford; Mr. Staller; Ms. Warren-Merrick Trustees present via video in NYC: Mr. McCall, Dr. Noguera, Mr. Spielvogel Trustees absent: Mrs. Audi; Mr. Bellafiore, Mr. Russell; Dr. Wachsman Also present: Chancellor Zimpher; Dr. Lavallee; Mr. O�Connor; Ms. Rimai January 19, 2010 1. CONVENING OF PUBLIC MEETING Mr. Hayden convened the Public Meeting at 9:30 a.m. which was held in the Front Courtroom at State University Plaza. Mr. Hayden welcomed everyone and went over the schedule of meetings for the day. 2. CONVENING OF EXECUTIVE SESSION At 9:35 a.m., Mr. Hayden said he wished to call for an Executive Session under provisions of Section 105 of Article 7 of the Public Officers Law, as follows: S (1) (d) "discussions regarding proposed, pending or current litigation"; S (1) (f) "the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation." Upon motion of Ms. Sanford, seconded by Ms. Warren-Merrick, it was unanimously agreed to convene an Executive Session for the purposes specified by Mr. Hayden. Mr. Hayden recessed the Executive Session at 10:00 a.m. 10:08 a.m. 3. RECONVENING OF PUBLIC MEETING On January 19, 2010 at 10:08 a.m., Mr. Hayden reconvened the Public Meeting, which was held in the Large Courtroom at State University Plaza in Albany. He said video links for the meeting were established at the College of Optometry in Manhattan, where Trustees McCall and Spielvogel were joining, and at NYU, where Trustee Noguera was also joining today�s meeting. Mr. Hayden began by welcoming everyone and stating today�s meeting would be abbreviated so that members of the Board could join Governor Patterson for his presentation on the proposed Executive Budget at 11:00 a.m. Mr. Hayden said he was pleased the following campus presidents were present at the meeting in Albany: Quintin Bullock, Schenectady County Community College; John Anderson, Alfred State College; and, Ronald Heacock, Adirondack Community College. 4. CHAIRMAN'S REPORT Mr. Hayden said an extremely productive Strategic Planning meeting was held in Delhi where the subject of diversity was one of the major discussions and he commended those individuals that were involved. He also said in the past week the Charter Schools committee has been grappling with one of its most difficult issues, that is the status of the New Covenant Charter School. He said while the matter has not been concluded as yet, he wished to particularly commend the highly effective committee efforts of Trustees Noguera, Hunt and Spielvogel. Mr. Hayden said it is our conclusion that in order to best advance the interest of Charter School students and public school students at large in the State of New York, we continue to have an authorizing process that represents the best practice available and we continue to be the best and most accountable authorizer in the country. Chairman Hayden said we are pleased with the Governor�s announcement of the Public Higher Education Empowerment and Innovation Act, which the Chancellor will discuss during her report. He saluted the Chancellor for bringing us this far and said the Empowerment and Innovation Act is the result of her commitment to work with the legislature, the Division of the Budget, the Governor and his senior staff, as well as higher education leaders in New York and across the country to position SUNY as a vital player in the state�s economic revitalization. The first item of business was a resolution on behalf of the Board of Trustees concerning the devastating earthquake which struck Haiti on January 12, 2010. Chairman Hayden called upon Mitch Leventhal, Vice Chancellor for Global Affairs to read the proposed resolution. Haiti Earthquake Emergency Response Upon motion of Ms. Warren-Merrick, seconded by Mr. Murad, the following resolution was unanimously adopted: Whereas on January 12, 2010, a devastating earthquake struck Haiti and wreaked havoc, with enormous destruction and tens of thousands of casualties, Whereas the entire State University of New York community is affected by this disaster and grieves with families who have lost loved ones and property, Whereas individual campuses have developed or are developing ideas for ways in which the State University of New York can respond in an effective and constructive manner, Resolved that the Vice Chancellor for Global Affairs be, and hereby is, authorized to develop and coordinate an appropriate State University of New York response to the disaster in Haiti, including as appropriate, scholarships in fields focused on basic human need, welcoming Haitian students on campuses and into appropriate programs, and other assistance, as appropriate. (2010-001) 5. CHANCELLOR�S REPORT Mr. Hayden called upon Chancellor Zimpher, who began by reporting on some good news about the State University. She said Kiplinger�s Personal Finance magazine has named ten SUNY campuses for outstanding quality and value. Chancellor Zimpher stated Binghamton and Geneseo were ranked first and second respectively, in value for out-of-state students; and they were ranked among the top ten in value for in-state students. She said other campuses included on the list are Stony Brook, New Paltz, University at Buffalo, Cortland, Oneonta, UAlbany, Fredonia and Brockport. The Chancellor said Princeton Review recently rated Binghamton and Geneseo in its �Best Values Colleges for 2010� category. She also said the Education Trust�s report on Access 2 Success Initiative, which SUNY is a partner of in an initiative of twenty-four systems of public higher education that have joined together to strengthen college access and success for low-income and minority students. Chancellor Zimpher said SUNY has pledged that by 2015 it will dramatically increase retention and graduation rates for these groups. The Chancellor also mentioned a few awards bestowed upon SUNY faculty members including the Presidential Award for Excellence in Science, Mathematics and Engineering Mentoring won by Nancy Elwess, a professor of biological sciences at Plattsburgh; the Presidential Award for Excellence in Mathematics, and two Science Teaching awards given to two SUNY - Suzanne Pilon (Brockport) and James Brown (Plattsburgh). Chancellor Zimpher also said the US Secretary of Education Arne Duncan recently appointed UAlbany Provost Susan Phillips to the National Advisory Committee on Institutional Quality and Integrity. Other good news about SUNY as reported by the Chancellor included an award to Purchase College from the American Council on Education for Innovative Use of Technology to Promote Internationalization for its Center on Collaborative Online International Learning, a largest-ever gift of $5.18 million from Cortland alumnus John Fantauzzi �58 in support of a scholarship program for children of immigrants and first-generation college students attending Cortland College. The Chancellor reported that on December 21, 2009 the Fredonia Business Technology Incubator opened and will provide space, support and shared services for up to 30 start-up companies � a great model for the type of strategic partnerships we�ve been speaking about in our strategic planning conversations across the state. The Chancellor said the Governor announced the creation of the Energy Policy Institute at Stony Brook in partnership with Syracuse University and RPI which will coordinate the work of the state�s leading energy research centers and serve as a resource for state policymakers as well as SUNY. Chancellor Zimpher then reported on a meeting of a blue-ribbon panel which she co-chairs on the Clinical Preparation, Partnerships and Improved Student Learning, convened by the National Council for Accreditation of Teacher Education (NCATE). The Chancellor next reported on a December announcement where ten SUNY campuses were selected as partners in the Smart Scholars Program under a $4.7 million grant from the Gates Foundation to create early college high school partnerships. She said these partnerships will allow high school students to earn college credit, which will have the effect of increasing high school graduation rates as well as college completion rates among disadvantaged students. The Chancellor expressed appreciation to Johanna Duncan-Poitier and Kaitlin Gambrill for their stewardship of the application process. The final item of �good news� reported by the Chancellor was the Governor�s announcement last Friday regarding a piece of legislation entitled �The Public Higher Education Empowerment and Innovation Act.� She stated should this be signed into law, it will represent enabling legislation allowing SUNY to lead New York�s economic resurgence. Chancellor Zimpher said this will allow SUNY greater financial independence, a fair, equitable and responsible approach to tuition policy, differential tuition, the ability to be more entrepreneurial and finally unleash ourselves from 1960�s regulatory structures which are burdensome, counterproductive and costly to taxpayers. She said this was all made possible thanks to collaboration between Governor Patterson, Lt. Governor Richard Ravitch, the Governor�s staff � including Larry Schwartz, Budget Director Bob Megna and his staff. The Chancellor also expressed appreciation to SUNY Chancellor Matt Goldstein for his leadership and cooperation. 6. RESOLUTIONS Appointment of Dr. Kevin E. Drumm as President � the State University of New York Broome Community College Upon motion of Ms. Sanford, seconded by Ms. Warren-Merrick, the following resolution was unanimously adopted: Resolved that the appointment of Kevin Drumm as President of Broome Community College, at a salary of $195,000, effective February 1, 2010 as approved by the Board of Trustees of that College, be and hereby is approved. (2010-002) Appointment of David K. Lavallee as Interim Senior Vice Chancellor for Academic Affairs and Provost of the State University of New York Upon motion of Ms. Warren-Merrick, seconded by Mr. Hunt, the following resolution was unanimously adopted: Resolved that David K. Lavallee be, and hereby is, appointed Interim Senior Vice Chancellor for Academic Affairs and Provost of the State University of New York, effective immediately. (2010-003) Appointment of Elizabeth L. Bringsjord as Associate Provost for Academic Programs and Assessment, Office of the Provost and Vice Chancellor for Academic Affairs � System Administration Upon motion of Ms. Warren-Merrick, seconded by Mr. Hunt, the following resolution was unanimously adopted: Resolved that Elizabeth L. Bringsjord be, and hereby is, appointed Associate Provost for Academic Programs and Assessment, Office of the Provost and Vice Chancellor for Academic Affairs, System Administration, at a salary of $135,000, effective January 19, 2010. (2010-004) 7. CONSENT AGENDA ITEMS Chairman Hayden called upon Secretary O�Connor to present the items from the consent agenda. Upon motion of Ms. Warren-Merrick, seconded by Ms. Sanford the following items from the consent agenda were unanimously approved. Approval of Minutes The minutes from the October 20, 2009 Executive Committee meeting and the November 17, 2009 Board meeting were approved as the official minutes of those meetings. Awarding of Honorary Degrees Resolved that the candidates for Honorary Degrees set forth in a listing which has been filed with the Secretary of the University under date of January 19, 2010 be, and hereby are, approved for conferral of such degrees on the dates and at the places specified in the listing, in accordance with the Guidelines for the Awarding of Honorary Degrees, as last amended by Resolution 90-49, dated March 29, 1990. (2010-005) Amendments to General Education Requirement Whereas the State University Board of Trustees possesses broad authority over the curriculum of its institutions under Section 355(2)(h) of the Education Law; and Whereas by Resolution 98-241, adopted December 15, 1998, the Board of Trustees adopted a General Education Requirement that has been implemented for a decade; and Whereas on November 17, 2009 the Board of Trustees adopted Resolution 2009-138 to affirm and enhance previous Board resolutions to promote student mobility throughout the State University system; and Whereas the University-wide general education requirement affects both student mobility and time-to-degree; and Whereas the Board of Trustees, through its Re-Engineering SUNY initiative, requested that the University identify opportunities to streamline policies and procedures; and Whereas the State University�s chief academic officers and faculty governance organizations agree that streamlining the General Education Requirement would have a positive impact on student mobility and time-to-degree while also maintaining academic quality; now, therefore, be it Resolved that Resolution 98-241, adopted December 15, 1998, be, and hereby is, amended to read as follows, effective immediately (brackets denote old material deleted; underlining denotes new material to be added): Resolved that the Board of Trustees hereby adopts a General Education Requirement applicable to all State-operated institutions of the State University offering undergraduate degrees which shall require candidates for a [bachelors] baccalaureate degree, as a condition of graduation, to complete an academically rigorous and comprehensive core General Education curriculum of no fewer than 30 credit hours including, but not limited to, at least three credit hours each of course work to instill knowledge and skills in [each of the ten key academic areas to include mathematics, natural science, social science, American history, Western Civilization, Other World Civilizations, humanities and the arts, foreign languages, and basic communication and reasoning, and information management] mathematics and basic communication as well as at least three credits each in at least five of the following eight academic areas�natural science, social science, American history, Western Civilization, Other World Civilizations, humanities, the arts and foreign languages�and overall competency in the areas of critical thinking and information management; and, be it further Resolved that implementation of the General Education Requirement be subject to the following principles: 1. The faculty of each institution will retain the responsibility for establishing the specific course requirements and content of a General Education curriculum reflective of the best practices in American higher education. Such General Education curriculum courses shall be broad, high-quality courses that provide students with a set of non-specialized, coherent and focused educational experiences aimed at enabling students to acquire knowledge and skills that are useful and important for all educated persons regardless of their jobs or professions. 2. Individual campuses are encouraged to allow faculty to develop more than one curriculum which meets the General Education Requirement. 3. Each institution�s General Education curriculum shall complement and build on students� foundation of secondary school or other prior academic preparation, especially with respect to mathematics, science and foreign language. 4. Each institution shall devote sufficient resources to the General Education program to assure effective instruction and successful learning. 5. Institutions offering Associate of Arts and Associate of Science degrees shall design their General Education Requirement so as to facilitate the ability of such Associates degree graduates to transfer into State University baccalaureate degree programs consistent with Trustees� Resolution [90-196, dated September 27, 1990] 2009-138, adopted November 17, 2009. [6. Such General Education curriculum courses shall be broad, high-quality courses that provide students with a set of non-specialized, coherent and focused educational experiences throughout the college years aimed at enabling students to acquire knowledge and skills that are useful and important for all educated persons regardless of their jobs or professions.] [7]6. The Provost of the State University may establish additional guidelines and procedures for implementation of these requirements as appropriate and necessary, which guidelines may permit waiver or modifications of portions of these requirements for the Specialized Colleges, Colleges of Technology, programs awarding two-year vocational degrees and for other special circumstances. [8]7. The requirements shall apply to students entering the State University as freshmen beginning in the fall of [2000]2010[.]; and, be it further Resolved that in accordance with Section 6306(2) of the [State] Education Law, the State University Board of Trustees urges the boards of trustees of the community colleges operating under the program of the State University to adopt General Education Requirements and curricula consistent with the aforementioned principles; and, be it further Resolved that the Provost of the State University will work with the leadership and faculty of the University's campuses to develop a means for assuring that demonstrable learning in specified General Education subjects is taking place, that a campus' implementation of General Education standards set forth in this resolution is considered in the allocation of resources to campuses and to explore ways to recognize and reward faculty who make major commitments to strengthening General Education at their campuses so as to encourage the involvement of outstanding junior and senior faculty; and, be it further Resolved that the Provost of the State University will work with the leadership and faculty of the State University�s campuses to implement this resolution, consistent with the Mission Review process. The Provost will advise the Board of Trustees of any additional steps that may need to be taken to insure the smooth implementation of this resolution in a fashion that enhances access and quality at the State University. (2010-006) Degree Authorization for the State University College of Technology at Alfred Resolved that the Chancellor be, and hereby is, directed to seek the authorization of the Board of Regents for the State University College of Technology at Alfred to confer the degree of Bachelor of Architecture (B. Arch.). (2010-007) Master Plan Amendment for the State University College of Technology at Alfred Resolved that the State University of New York Master Plan be, and hereby is, amended to authorize the State University College of Technology at Alfred to offer instruction leading to the Bachelor of Science degree in Nursing, and be it further Resolved that the Chancellor be, and hereby is, authorized to transmit this amendment to the Board of Regents and the Governor for incorporation into the State University Master Plan. (2010-008) Amendment of Ground Lease for a Hotel/Conference Center at State University of New York at Stony Brook Whereas by Resolution 87-24 adopted January 29, 1987, this Board of Trustees authorized the Chancellor, or designee, in accordance with the provisions of Chapter 830 of the Laws of 1986 to enter into a ground lease with Stony Brook Foundation Realty, Inc. (�SBFR�) for development and operation of a hotel/conference center at the State University of New York at Stony Brook; and Whereas pursuant to this authorization a ground lease in substantially the form approved by this Board of Trustees, was executed and approved on December 5, 1989 (State Comptroller�s No. L000592) and was amended on August 2, 1996 to postpone the rental payment obligation of the SBFR through 1997; and Whereas by Resolution 98-179 adopted September 23, 1998, this Board of Trustees authorized the Chancellor, or designee, to approve modifications to the ground lease to further postpone the rental payment obligation of the SBFR through 2001 to facilitate the solicitation of a second potential developer of the project, and such modifications were approved and implemented; and Whereas by Resolution 00-92 adopted May 31, 2000, this Board of Trustees authorized the Chancellor, or designee, to approve modifications to the ground lease to again postpone the rental payment obligation of the SBFR through 2003 to facilitate the solicitation of a third potential developer of the project, and such modifications were approved and implemented; and Whereas by Resolution 01-162 adopted December 18, 2001, this Board of Trustees authorized the Chancellor, or designee, to approve amendments to the ground lease to reduce SBFR�s annual rental obligation from $100,000 to $1 until such time as the hotel/conference center is operational, and, by inadvertence, such amendments to the ground lease were not effected; and Whereas despite continued and worsening adverse economic conditions, Harbor Construction Management, Inc. has responded to SBFR�s request for proposals and is engaged in negotiations with SBFR and the University to construct and operate a hotel/conference center on the Stony Brook campus; and Whereas in order to facilitate the successful conclusion of these negotiations, SBFR has requested that certain amendments to the ground lease be authorized to extend for an additional period the postponement of SBFR�s rental obligation until the earlier of 2014 or such time as the hotel/conference center is operational; and Whereas it is in the best interests of the University to grant such request as a modification of the ground lease terms approved by this Board of Trustees; now, therefore, be it Resolved that the Chancellor, or designee, be, and hereby is, authorized to approve any and all amendments to the ground lease and related agreements with the Stony Brook Foundation Realty, Inc. necessary to postpone for an additional period the rental payment obligation of the Stony Brook Foundation Realty, Inc. until the earlier of 2014 or such time as the hotel/conference center at the State University of New York at Stony Brook is operational; and, be it further Resolved that Resolution 01-162, adopted December 18, 2001, be, and the same hereby is, rescinded. (2010-009) Conveyance of Permanent Easement � State University of New York at Stony Brook Whereas the Town of Riverhead conveyed land to the State University of New York at Stony Brook to be used for the Calverton Business Incubator; and Whereas the Town of Riverhead has requested a permanent easement across lands of the State, including a portion of the Calverton site, for a public walking/hiking trail, the approximate location of which is indicated on the map attached hereto; and Whereas the State University of New York at Stony Brook requests the SUNY Board of Trustees to authorize the grant of such easement; and Whereas the Commissioner of General Services is authorized and empowered to convey easements in the lands of The People of the State of New York; now, therefore, be it Resolved that the Chancellor, or designee, be and hereby is authorized to take all steps necessary to execute or approve, in the name of and on behalf of this Board, all documents, notices, maps, or any other instruments necessary or proper to effect conveyance of such easement pursuant to Section 3(2) of the Public Lands Law, subject to approval of the Commissioner of General Services. (2010-010) Approval of Community College Project Capital Budgets ERIE COMMUNITY COLLEGE Resolved that the capital budget for Erie Community College, State�s share in the amount of $400,000 of the total capital cost of $800,000 for the Renovation and Upgrade of Several Academic Labs at North Campus Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-011) ERIE COMMUNITY COLLEGE Resolved that the capital budget for Erie Community College, State�s share in the amount of $125,000 of the total capital cost of $250,000 for the Academic Lab and Library Improvements Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-012) Approval of Community College Capital Project Budgets � Bond Financed Resolved that the applications of the local sponsors of the community colleges identified below to the Dormitory Authority of the State of New York for financing of the State�s share of capital costs of the projects identified below, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby are, approved; and, be it further � Resolved that the Chancellor, or designee, be, and hereby is, authorized to approve in the name of and on behalf of the State University of New York, in accordance with Chapters 464 and 465 of the Laws of 1972, any and all executed disbursement and use agreements between each such local sponsor and the Dormitory Authority of the State of New York in support of the application of such local sponsor for capital construction financing approved herewith; and, be it further � Resolved that the Chancellor, or designee, be, and hereby is, authorized to transmit such applications and disbursement and use agreements, as shall be approved pursuant to this resolution, to the State Director of the Budget for appropriate action. � ERIE COMMUNITY COLLEGE Resolved that the application of the Legislature of Erie County, the local sponsor for Erie Community College, to the Dormitory Authority of the State of New York for financing of the State�s share in the amount not to exceed $3,000,000 of the total capital cost of $6,000,000 for the HVAC Equipment, Controls, Lighting and Plumbing Renovations Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-013) ERIE COMMUNITY COLLEGE Resolved that the application of the Legislature of Erie County, the local sponsor for Erie Community College, to the Dormitory Authority of the State of New York for financing of the State�s share in the amount not to exceed $1,750,000 of the total capital cost of $3,500,000 for the Flickinger Athletic Facility Roof and HVAC Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-014) FINGER LAKES COMMUNITY COLLEGE Amendment to Resolution #2008-167 Resolved that the application of the Ontario County Board of Supervisors, the local sponsor for Finger Lakes Community College, to the Dormitory Authority of the State of New York for an increase in the financing of the State�s share from $1,250,000, previously approved under Resolution No. 2008-167, dated November 18, 2008, to an amount not to exceed $21,638,975 of the total capital cost of $43,277,950 for the Student Services Center and Auditorium Project, being in accordance with Chapter 53 of the Laws of 2009, be, and hereby is, approved. (2010-015) 8. OTHER BUSINESS Mr. Hayden discussed the consideration of a new meeting schedule and committee structure. Because of current Board vacancies, there are structural issues in the way that Board and Board committee meetings are organized which render the process problematic in that they are staggered over two weeks, resulting in attendance issues. He called upon the Board for consent to examine the process to see whether or not we can make it more convenient for Trustees, while allowing for more focused deliberations with respect to both committee and Board items. There was general consensus that it would be good to pursue this option. 9. ADJOURNMENT There being no further business, upon motion of Mr. Murad, seconded by Ms. Warren-Merrick, the Public meeting was adjourned at 10:30 a.m. 18 -2- Board Minutes January 19, 2010