Minutes of Meetings of the Board of Trustees of State University of New York June 12, 2012 The Board of Trustees of the State University of New York met on June 12, 20112 at 9:30 a.m. at the State University Plaza, Albany, New York, pursuant to calls sent by the Office of the Secretary of the University on May 25, 2012. June 12, 2012 9:30 a.m. Trustees present: Chairman McCall, Mr. Belluck, Dr. Good, Mrs. Lewin, Dr. Lichtman, Mr. Murad, Dr. O’Brien, Mr. Rea, Ms. Sanford, Mr. Staller, Mrs. Warren-Merrick Trustees Present via video: Dr. Ehrenberg (Ithaca), Mr. Hunt (NYC) Trustees absent: Mr. Spielvogel Also present: Chancellor Zimpher, Dr. Bringsjord, Mrs. Duncan-Poitier; Ms. Gambrill, Mr. Howard, Mr. Hutzley 1. CONVENING OF PUBLIC MEETING Chairman McCall convened the Public Meeting at 9:30 a.m. which was held at the State University Plaza, Albany, New York. It was noted there were thirteen members participating, including two non-voting members in person, and two trustees participating via video from Ithaca and NYC. Chairman McCall declared a quorum and stated there will be a number of resolutions and several personnel matters to act on. 2. CONVENING OF EXECUTIVE SESSION At 9:35 a.m., Chairman McCall called for an Executive Session under provisions of Section 105 of Article 7 of the Public Officers Law, as follows: (1) (d) "discussions regarding proposed, pending or current litigation"; (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 Mr. Staller, seconded by Mr. Belluck, it was unanimously agreed to convene an Executive Session for the purposes specified by Chairman McCall. Chairman McCall recessed the Executive Session at 12:00 p.m. 3. RECONVENING OF PUBLIC MEETING At 1:00 p.m. Chairman McCall reconvened the Public Meeting, which was held at the State University Plaza, Albany, New York. No action was taken during Executive Session. Trustees present: Chairman McCall, Mr. Belluck, Dr. Good, Mrs. Lewin, Dr. Lichtman, Mr. Murad, Dr. O’Brien, Mr. Rea, Ms. Sanford, Mr. Staller, Mrs. Warren-Merrick Trustees Present via video: Dr. Ehrenberg (Ithaca), Mr. Hunt (NYC) Trustees absent: Mr. Spielvogel Also present: Chancellor Zimpher; Mrs. Duncan-Poitier; Ms. Gambrill, Mr. Howard, Mr. Hutzley, Ms. O’Connell 4. CHAIRMAN’S REPORT Approval of Election to Executive Committee Upon motion of Dr. Lichtman, seconded by Trustee Rea, the following resolution was approved by affirmative votes from all present. Resolved that the following Trustees be, and hereby are, elected to serve on the Executive Committee of the Board of Trustees for 2012-2013: H. Carl McCall, Chairman, ex officio; Kevin Rea; Joseph Belluck; Stephen J. Hunt; John L. Murad, Jr.; Kenneth O’Brien; Linda Sanford; Carl Spielvogel; Cary F. Staller; and Gerri Warren-Merrick, effective June 12, 2012. (2012-037) Chairman McCall introduced the new student Trustee, Kevin Rea from SUNY Maritime and invites him to make a comment. Mr. Rea thanked the Chairman and mentioned he looked forward to working with everyone on the Board and at SUNY System. Chairman McCall briefly reported on his activities within the last month, which included commencements at Purchase, Delhi, FIT, and Broome Community College. 5. CHANCELLOR’S REPORT Chancellor Zimpher summarized her activities within the past month, which included attending a White House summit on youth sponsored by the White House Council on Domestic Affairs. The issue was a report by a commission that President Obama had convened on disengaged youth, aimed at helping young people who have dropped out of the education pipeline too early to get the education they need for the jobs that are available in the 21st Century. Chancellor’s Zimpher’s role as a panelist was to talk preventively about one way to keep youths from being disengaged, keep them in school, and engaged in their own education. She discussed with the panel the Cradle to Career initiatives. Chancellor Zimpher was also invited back to the White House on behalf of the State University of New York to talk about President Obama’s higher education agenda, with a discussion mainly on the creation of the “shopping sheet”. The shopping sheet gives students complete transparent advice from every campus in the United States on costs for tuition, fees, room and board, books and other purchases, and some of the incidentals that come with the cost of college. Chancellor Zimpher then summarized the ten regional showcases which took place this past year, which included those at: * Stony Brook, who sponsored the Long Island Regional Showcase, where participants could learn how to use a flight simulator from Farmington. * Purchase sponsored the mid-Hudson region where people were able to see the New Paltz Solar Racing Team’s vehicle. * Clinton Community College sponsored North Country and you were able to see a mobile work force training lab in a van. * FIT sponsored the New York City region where you were able to see fabulous designs from emerging fashion. * SUNY IT sponsored the Mohawk Valley showcase where you were able to see a computer gaming demonstration. * Schenectady Community College sponsored the Capital Region and they showcased their Fire Technology Program. * ESF sponsored the Central New York Region, where they showcased their environmental research that spans the globe and many other exhibits on the hill in Syracuse. * Binghamton sponsored the Southern Tier where you were able to see the remarkable dance performance from Broome Community College. * Brockport sponsored the Finger Lakes Region where participants could sample culinary treats. * The final showcase was at Buffalo, where they showcased the Niagara Horticultural project and an incubator from Fredonia. Following her summary, Chancellor Zimpher showed a 3-minute video highlighting all of the showcases. 6. RESOLUTIONS Approval of Charter School Delegation Upon motion of Mr. Murad, seconded by Mr. Rea, the following resolution was approved by affirmative votes from all present. Whereas the Charter Schools Act vests the Board of Trustees with responsibilities as a charter entity, particularly with respect to the establishment, oversight and termination of charter schools, and the Board desires to undertake such responsibilities in an efficient manner; now, therefore, be it Resolved that the Board of Trustees hereby re-establishes a Charter Schools Committee of the Board, and delegates to the Committee the following functions and responsibilities set forth in the Charter Schools Act: 1) the approval, denial or abandonment of the following: a) an application to establish a charter school education corporation; b) an application by a charter school education corporation for authority to operate an additional school or site as defined in the Charter Schools Act; c) an application to renew the charter of a charter school education corporation; d) an application by a charter school education corporation to renew the authority to operate a particular a charter school or site; e) an application for a charter revision to merge or consolidate charter school education corporations; or for the addition of new elementary, middle or high school programs; and f) an application to extend a charter for a period of greater than two school years for schools that did not open opting instead to take one or more planning years prior to operation; including the resubmission of any of the foregoing to the Board of Regents with or without modification, if applicable, and the consideration of any school district comments in connection therewith; 2) the closure of all of the schools operated by a charter school education corporation and the approval of any renewal or revision application to replace the education corporation’s educational programs; 3) the placement on probation of a charter school education corporation; 4) the involuntary termination or revocation of an education corporation’s charter or its authority to operate a particular school or site; 5) the approval or denial of applications for federal and State charter school grants; and 6) the promulgation and revision of policy related to the authorizing and oversight of charter schools authorized by the Board of Trustees; provided, however, that the Board, on its own initiative or on request of its Charter Schools Committee, may take up any matter delegated by this resolution to the Charter Schools Committee; and, be it further Resolved that there shall be continued a SUNY Charter Schools Institute as an administrative unit of SUNY, subject to the authority of the Chancellor and her designees, and that the Board of Trustees delegates to the chief administrative officer thereof the authority to: 1) approve or deny charter revisions not requiring Charter Schools Committee approval; and 2) approve or deny approve charter extensions of up to two years for schools that did not open opting instead to take one or more planning years prior to operation; including the resubmission thereof to the Board of Regents with or without modification, if applicable, and the consideration of any school district comments in connection therewith; and 3) take all other actions not delegated to the Charter Schools Committee as set forth above with respect to the Board of Trustees’ statutory authority as a charter entity under the Charter Schools Act; provided, however, that the Board of Trustees, or the Charter Schools Committee, on their own initiative or on request of the Institute as applicable, may take up any matter delegated by this resolution to the Institute; and, be it further Resolved that Resolution 2010-117 be, and hereby is, repealed; and, be it further Resolved that the Institute shall continue to have authority to facilitate the performance of day to day obligations of the Board of Trustees pursuant to the Charter Schools Act. (2012-038) Chairman McCall then mentioned that the board has authorized more charter schools than any other university-based authorizing entity in the nation and emphasized their commitment to continuing to do so. He also thanked Trustee Belluck for accepting his new role as Chair of the Charter Schools committee and thanked Trustee O’Brien for what he has done so far and will continue to do so moving forward. Chairman McCall then called upon Chancellor Zimpher to introduce her recommendation for the appointment at Onondaga Community College. Chancellor Zimpher announced her recommendation for the appointment of Meg O’Connell as Interim President of Onondaga Community College. She congratulated the candidate and summarized her qualifications before the resolution was presented to the Board for approval. Appointment of Margaret M. O’Connell as Interim President of Onondaga Community College Upon motion of Mr. Murad, seconded by Mr. Staller, the following resolution was approved by affirmative votes from all present. Resolved that the appointment of Margaret M. O’Connell as Interim President of Onondaga Community College, by the Onondaga Community College Board of Trustees, at a salary of $195,000, effective on or about July 1, 2012, be, and hereby is, approved; and, be it further Resolved that the approval of this appointment is contingent upon the submission of Ms. O’Connell’s resignation from the Onondaga Community College Board of Trustees; and, be it further Resolved that the approval of this appointment shall be for twelve months or until a permanent president is appointed, whichever event occurs first. (2012-039) Chancellor Zimpher invited Ms. O’Connell to say a few words. Ms. O’Connell thanked everyone for their time today and for the opportunity to serve as Interim President at Onondaga Community College. She emphasized her deep commitment to not only the students, but also the Central New York Community. Mr. Murad commended the Onondaga Community College board for their recommendation. He mentioned that as a resident of the community, Ms. O’Connell was very well regarded. Chairman McCall then invited the Chancellor to move on to the next appointment. Chancellor Zimpher announced her recommendation for the appointment of Dr. Timothy Killeen as Vice President for Research. She congratulated the candidate and summarized his qualifications before the resolution was presented to the Board for approval. Appointment of Dr. Timothy Killeen as Vice Chancellor for Research Upon motion of Mr. Rea, seconded by Dr. Lichtman, the following resolution was approved by affirmative votes from all present. Resolved that Timothy L. Killeen, Ph.D., be, and hereby is appointed as a Senior Officer of the University, in the title of Vice Chancellor for Research, effective as of July 9, 2012 or when mutually agreed with the Chancellor, at an annual salary of $300,000, with a continuing appointment in the University at the rank of full Professor, such tenured appointment to be located at a campus if and when necessary. Such salary level shall be guaranteed for a minimum of two years, and the details of the split of salary support and other expenses between SUNY and the Research Foundation shall be as mutually agreed between the two institutions. (2012-040) 7. APPROVAL OF MINUTES Approval of Minutes of the Board’s Meeting Held on May 10, 2012 Upon motion of Mr. Staller, seconded by Mr. Belluck, the proposed minutes were approved by affirmative votes from all present as the official minutes of the meetings held. 8. CONSENT AGENDA ITEMS Chairman McCall called upon Mr. Howard for the resolutions from the consent agenda from the committees. Upon motion of Mr. Belluck, seconded by Mrs. Lewin, the following resolutions were approved by affirmative votes from all present. Degree Authorization for the State University of New York Health Science Center at Syracuse Resolved that the Chancellor be, and hereby is, directed to seek the authorization of the Board of Regents for the State University of New York Health Science Center at Syracuse to confer the degree of Doctor of Nursing Practice (D.N.P.). (2012-041) Degree Authorization for the State University of New York Empire State College Resolved that the Chancellor be, and hereby is, directed to seek the authorization of the Board of Regents for the State University of New York Empire State College to confer the degree of Master of Science (M.S.). (2012-042) Amendments to Part 600 of 8 NYCRR (State Operating Assistance for Community Colleges) Whereas the adoption on an emergency basis, and the publication of a Notice of Proposed Rulemaking, pursuant to the State Administrative Procedure Act, of amendments to Part 600 of 8 NYCRR, the Code of Standards and Procedures for the Administration and Operation of Community Colleges, is necessary to provide State operating assistance to the community colleges of the State University of New York and the City University of New York for the 2012-2013 college fiscal year; and Whereas the 2012-2013 enacted budget bill with respect to the State University, Chapter 53 of the Laws of 2012, provides that the formula for State financial assistance for operating expenses of the community colleges of the State University of New York and the City College of New York is to be developed jointly with the Trustees of the City University of New York, subject to the approval of the Director of the Budget; now, therefore, be it Resolved that the Chancellor, or designee, be, and hereby is, authorized and directed to prepare, in accordance with provisions of the State Administrative Procedure Act, a proposed regulation, to amend subdivision (c) of section 602.8 of said Title 8, to read as follows, subject to the approval of the Director of the Budget (brackets denote old material to be deleted; underlining denote new material to be added): (c) Basic State financial assistance. (1) Full opportunity colleges. The basic State financial assistance for community colleges, implementing approved full opportunity programs, shall be the lowest of the following: (i) two-fifths (40%) of the net operating budget of the college, or campus of a multiple campus college, as approved by the State University trustees; (ii) two-fifths (40%) of the net operating costs of the college, or campus of a multiple campus college; or (iii) for the current college fiscal year the total of the following: (a) the budgeted or actual number (whichever is less) of full-time equivalent students enrolled in programs eligible for State financial assistance multiplied by [$2,675] $2,272; and (b) up to one-half (50%) of rental costs for physical space. (2) Non-full opportunity colleges. The basic State financial assistance for community colleges not implementing approved full opportunity programs shall be the lowest of the following: (i) one-third (33%) of the net operating budget of the college, or campus of a multiple campus college, as approved by the State University trustees; (ii) one-third (33%) of the net operating costs of the college, or campus of a multiple campus college; or (iii) for the college fiscal year current, the total of the following: (a) the budgeted or actual number (whichever is less) of full-time equivalent students enrolled in programs eligible for State financial assistance multiplied by [$2,230] $1,894; and (b) up to one-half (50%) of rental cost for physical space. (3) Notwithstanding the provisions of paragraphs (1) and (2) of this subdivision, a community college or a new campus of a multiple campus community college in the process of formation shall be eligible for basic State financial assistance in the amount of one-third of the net operating budget or one-third of the net operating costs, whichever is the lesser, for those colleges not implementing an approved full opportunity program plan, or two-fifths of the net operating budget or two-fifths of the net operating costs, whichever is the lesser, for those colleges implementing an approved full opportunity program, during the organization year and the first two fiscal years in which students are enrolled. (2012-043) Approval of 2012-13 State-operated and Statutory College Core Instructional Budget Allocations Whereas in accordance with Education Law §355(4)(c), the Board of Trustees has authority to allocate annual appropriations among the State-operated and statutory colleges and programs of the University; and Whereas pursuant to Education Law §355(19) the University is required to provide the Chairs of the Senate Finance Committee and Assembly Ways and Means Committee, the State taxpayer support allocations and overall budget allocations for each State-operated campus and University-wide program, as well as the formula and/or methodology used to make such allocations of State taxpayer support; and Whereas the 2012-13 Enacted State Operations Budget provides for total core instructional support for the State University of $2,436,255,300, consisting of $969,050,300 in direct State taxpayer support, $110,723,000 of other State University revenue distributed in proportion to State support, and $1,356,482,000 in State University income from tuition and other revenue; and Whereas the Board of Trustees has authorized an increase in tuition rates for all resident and non-resident undergraduate, graduate, and first professional degree students, effective with the Fall 2012 semester; now, therefore, be it Resolved that the revised core instructional budget allocations by campus and program set forth below be, and hereby are, approved for the State University of New York for the 2012-13 University fiscal year beginning July 1, 2012, in a total amount of $2,436,255,300: DOCTORAL DEGREE GRANTING INSTITUTIONS   Albany $160,802,900 Binghamton 147,122,100 Buffalo University 367,013,000 Stony Brook 326,870,300 Downstate Medical 89,498,500 Environmental Science & Forestry 36,845,900 Optometry 20,276,500 Upstate Medical 70,197,000 COMPREHENSIVE COLLEGES   Brockport 61,608,300 Buffalo State 83,316,600 Cortland 53,665,500 Empire State 63,771,100 Fredonia 42,398,200 Geneseo 43,068,400 New Paltz 61,932,600 Old Westbury 34,005,700 Oneonta 47,140,900 Oswego 59,794,800 Plattsburgh 50,091,100 Potsdam 38,821,800 Purchase 43,686,500 Alfred 27,735,600 Canton 22,752,600 Cobleskill 21,073,500 Delhi 21,732,400 Farmingdale 50,336,200 Maritime 22,367,600 Morrisville 24,863,500 SUNYIT 18,639,900 STATUTORY COLLEGES   Ceramics 8,088,100 Cornell 121,231,700 SYSTEM ADMINISTRATION 14,018,800   STUDENT GRANTS AND LOANS   Empire State Diversity Honors Scholarships 621,900 Maritime Scholarships 239,600 Student Loans 3,114,100 SUSTA 1,570,700 Graduate Diversity Fellowships 6,039,300 Services for Students with Disabilities 544,100 OPPORTUNITY AND DIVERSITY PROGRAMS   Office of Diversity, Equity and Inclusion 579,800 Native American Programs 215,200 Faculty Diversity Program 422,000 EOP 21,080,000 EOC 50,980,000 STRATEGIC INITIATIVES AND SYSTEM WIDE RESOURCES   Empire Innovation 9,210,800 Research Collaborative 286,600 SPIR 1,747,400 Energy Smart NY and Healthier NY 350,000 Rockefeller Institute of Government 1,104,200 College of Nanoscale Science & Engineering 1,928,600 Sea Grant Institute 411,800 Cord Blood Center 205,600 High Needs Economic and Public Health Programs 3,164,300 High Needs Nursing Program 1,663,600 Small Business Development 1,930,000 SUNY & the World/Office of Global Affairs 1,800,000 SUNY Leadership Institute 360,400 Innovative Instruction & Academic Excellence 1,607,700 Seamless Educational Pipeline 500,000 Academic Equipment Replacement 4,373,200 Child Care Centers 1,567,800 Tuition Reimbursement: Community Colleges 116,700 Teacher Education and Support 2,050,000 System-wide IT Services 4,680,200 Educational Technology & Library Services 4,998,700 Student Assembly 57,100 Library Conservation and Preservation 350,000 Charter Schools 707,200 SUNY Multimedia Services 403,000 Cornell Veterinary College 250,000 Utica/Rome Staffing and Research Faculty 500,000 TUITION REIMBURSEMENT 32,013,200     TRANSITIONAL FUNDING 3,742,900     ADDITIONAL HOSPITAL SUPPORT 14,000,000     TOTAL UNIVERSITY $2,436,255,300 and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to modify the allocations provided for herein (excepting the statutory colleges) in accordance with Resolution 86-48 adopted March 26, 1986, and to develop and transmit to the Director of the Budget and to the Chairs of the Senate Finance Committee and Assembly Ways and Means Committee a Financial Plan consistent with the allocations provided for in this resolution. (2012-044) Prior to presenting the next resolution, Chancellor Zimpher mentioned one of the six big ideas in moving the economic dial for New York and the quality of life for New York citizens was to work on a smoke-free, tobacco-free system. She then recommended that the Board vote on the Tobacco-Free SUNY resolution. Mr. Belluck commended the Chancellor, the Chairman, and Mr. Murad for the resolution and stated it was a significant public health step and all should be commended for it. Dr. O’Brien thanked his predecessor Professor Carl Wiezalis who has been working for the last year in chairing the committee. Mr. Rea spoke against the resolution on behalf of the State University of New York Student Assembly, who firmly believed that while smoking was an issue that needed to be addressed, it should be addressed at a campus by campus level and not in a blanket policy for all of the sixty-four campuses. Tobacco-Free SUNY Upon motion of Mrs. Lewin, seconded by Dr. Lichtman, with an abstention by Mr. Rea, the following resolution was approved by affirmative votes from all present. Whereas one of the six Big Ideas of the Power of SUNY is SUNY and A Healthier New York; and Whereas the State University of New York is responsible for promoting the health of students, staff and visitors while on campus; and Whereas tobacco use on college campuses is a serious public health issue in New York State and throughout the U.S.; and Whereas numerous studies show that young people ages 18-24 have the highest smoking rate of all adults; and Whereas smoking contributes significantly to the risk of fires in buildings, dormitories and other campus structures; and Whereas a Tobacco-Free SUNY policy would prohibit tobacco use anytime, anywhere by anyone on campus grounds or at campus-sponsored events; and Whereas studies show that campus tobacco-free policies lead to significant reductions in tobacco use by students, faculty and staff; and Whereas many colleges across the country have already adopted comprehensive tobacco-free policies, but SUNY would be the largest public university system to do so; and Whereas the U.S. Department of Health and Human Services reports that tobacco-related deaths nationally number more than 430,000 per year and medical costs attributable to smoking nationally total at least $440 billion per year; and Whereas a Tobacco-Free SUNY policy would demonstrate the State University of New York’s commitment to be responsible stewards by leading efforts to improve the short- and long-term health of our students and employees; and now, therefore, be it Resolved that the Board of Trustees supports the State University of New York’s effort to require a 100% tobacco-free campus environment to include all campus buildings, parking ramps and facilities and off-campus facilities; and, be it further Resolved that the Board of Trustees supports State legislation mandating that all SUNY campuses become 100% tobacco free by no later than January 1, 2014; and, be it further Resolved that the Board of Trustees supports the efforts of the Chancellor’s Task Force for a Tobacco-Free SUNY, which includes broad representation of SUNY’s students, faculty, staff, campus administration, along with other partners from the community, in an effort to lead a collaborative implementation process of a Tobacco-Free SUNY policy. (2012-045) 9. COMMITTEE PRESENTATIONS Academic Affairs Mrs. Warren-Merrick, started her report by asking Mr. Howard to read the resolution on the Honorary Doctor of Science degree. Mr. Howard then read the resolution for Board approval. Awarding of Honorary Degrees Upon motion of Mrs. Warren-Merrick, seconded by Mr. Rea, the following resolution was approved by affirmative votes from all present. Resolved that the candidates for Honorary Degree set forth in a listing which has been filed with the Secretary of the University under date of June 12, 2012 be, and hereby are, approved for conferral of such degrees on the date and at the place 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. CAMPUS NAME DATE DEGREE Buffalo University Dr. J. Craig Venter September 20, 2012 Doctor of Science (2012-046) Mrs. Warren-Merrick continued her report by summarizing the presentation given by Associate Vice Chancellor Carlos Medina on the impact of various ODEI programs and diversity outcomes. The committee also received a presentation by Vice Chancellor Mitch Leventhal of Global Affairs. Tina Good, President of Faculty Community Colleges and Chair of the Student Mobility and Steering Committee, reported on several data and activities such as graduation rates. Senior Vice Chancellor for Community Colleges and the Education Pipeline, Johanna Duncan-Poitier addressed some concerns regarding low community colleges graduation rates. On behalf of Provost Lavallee, Dr. Beth Bringsjord provided an update on the SUNY Master plan. Dr. Bringsjord summarized her report to the Board, which included the introduction of Lisa Monteel, Strategic Enrollment Planning Analyst, and Dr. Shahdi Por Sandvic, as Provost Fellow for Doctoral Institutions and Research, and Rick Miller, who has replaced the newly retired John Porter as the Associate Provost for Institutional Research. Academic Medical Centers/Hospitals Mr. Murad reported to the Board the short and long term solutions to the various financial challenges at SUNY Downstate. Mr. Howard then summarized the Downstate Medical resolution. Prior to the passing of resolution, various comments from the Board followed. They emphasized on the seriousness Downstate Medical is facing and the importance to help an institution that is vital to SUNY’s mission as a university that aims to provide training in the medical fields for doctors and other medical personnel. University Reserve Line of Credit for Downstate Medical Center Upon motion of Mrs. Lewin, seconded by Mr. Murad, the following resolution was approved by affirmative votes from all present. Whereas the State University of New York operates an academic medical center at SUNY Downstate, including two teaching hospitals and other clinical facilities in Brooklyn, which are a critical component of the academic mission of the campus, providing the learning laboratories for the students on that campus; and Whereas Downstate is the only public academic medical center in New York City, and 92% of its students are from New York State; 71% are from New York City; 31% are African-American or Hispanic; and Whereas one in three physicians who practice in Brooklyn received their training at Downstate, as did one in nine physicians who practice in New York City; and Whereas Downstate provides well over 1,000 medical residents to hospitals throughout Brooklyn, providing cost-effective care to vulnerable populations; and Whereas Downstate ranks 9th out of 140 U.S. academic medical centers in the number of graduates who are sitting professors of medicine, and 13th out of 140 in the number of graduates who are department chairs in other American medical schools; and Whereas the State has provided financial assistance for many years to SUNY’s three teaching hospital centers, including SUNY Downstate, to help cover the costs associated with State sponsorship that the hospitals do not control, particularly related to fringe benefits and collective bargaining; and Whereas since 2008-09, during the State’s financial crisis, State support to the three SUNY hospital centers has not kept up with cost increases related to State sponsorship, declining by over 60% between 2008-09 and 2011-12, while costs continued to rise; and Whereas State support reductions along with Medicaid reimbursement reductions and unanticipated declines in inpatient volume have had serious short-term and long-term implications for SUNY Downstate’s fiscal viability, including that SUNY Downstate is facing multi-million dollar current cash flow challenges, and that substantial reshaping and transformation of SUNY Downstate will be necessary; and Whereas strong consideration must be given by the State to SUNY Downstate’s role as an educational institution, and any changes in the healthcare system in Brooklyn must not jeopardize the vital educational and public service missions of Downstate Medical Center; and Whereas any changes in the healthcare delivery system in the East Flatbush/Central Brooklyn neighborhood should support the vital and appropriate continuation of SUNY Downstate, as New York City's only public academic medical center, and the leading source of medical professionals for New York City; and Whereas Downstate Medical Center is experiencing substantial and unprecedented financial distress, and needs to borrow funds from University reserves in order to maintain program quality while developing a long-term plan to resolve fiscal issues; now, therefore, be it Resolved that the Chancellor be, and hereby is, authorized to implement in accordance with the terms specified in this resolution, a line of credit, and later to approve a loan with appropriate repayment terms, to Downstate Medical Center in an amount not to exceed $75 million, upon such terms as the Chancellor deems necessary and appropriate, including the following: a. No principal payments due for first three years (and in the discretion of the Chancellor, interest payments during that time may also be delayed and added to principal, rather than paid currently); b. Repayment of the loan over a period not to exceed ten years after repayment begins; c. There will be active, detailed and thorough supervision of, and assistance to, Downstate by and from SUNY System Administration, including Downstate’s preparation of an action plan for System approval, and frequent and regular reporting from Downstate to SUNY System Administration, and the Board; d. The line of credit will come from University-wide unrestricted reserves, which shall be actively monitored by System Administration; e. Downstate’s progress will be formally reviewed on a quarterly basis including any proposed major changes to the restructuring plans that affect the line of credit or loan. and, be it further Resolved that the Board strongly urges the State to partner with SUNY to support the vital missions of Downstate Medical Center, by providing all possible temporary and permanent forms of substantial financial assistance, such as: a. Fulfilling its commitment to cover that portion of fringe benefit costs at SUNY Downstate and the other SUNY hospitals at Stony Brook and Syracuse in excess of such costs at other non-profit hospitals, as previously agreed by the State; b. Providing HEAL funding, Medicaid rate adjustments and other payment terms of assistance to Downstate; c. Providing or authorizing accelerated payments of State funds to Downstate, and deferred or forgiven payments from Downstate to the State; d. Providing any and all other forms of approvals, financial, operating and other forms of assistance to SUNY and Downstate; and, be it further Resolved that the Board supports changes in Brooklyn’s healthcare delivery system, including a prominent role for SUNY Downstate, to the extent recommendations are in the best interests of the patients served, and students educated by SUNY Downstate, and respectfully requests that the Commissioner of Health work with SUNY System Administration and Downstate to develop a plan in the best interests of the Brooklyn communities Downstate serves; and, be it further Resolved that the Board supports the Chancellor and SUNY Downstate in their current active process of developing short-term and long-term options, to ensure the long-term financial viability of SUNY Downstate. (2012-047) Ad Hoc Committee on Personnel and Salary Plan review Dr. Ehrenberg reported to the Board that the committee discussed recent national news regarding the compensation of Presidents and other executive staff members across the country. He mentioned that System Administration is currently conducting a comprehensive national survey. Sixteen peer institions with at least five campuses and 100,000 total students were identified for participation in the survey. The survey will compare the compensation packages for system leaders including Chancellor’s and other executive officers. The survey results will be used to recommend changes to the current salary and compensation plan last adopted by the SUNY Board of Trustees on September 15, 2009. In addition, the committee also reviewed a SUNY Salary administration presentation which addressed the authority of the SUNY Board for salary administration including the adoption of the salary and compensation plan and salary schedules with established ranges for management and confidential employees. Lastly, the committee addressed the process surrounding the appointment and compensation of certain senior leadership positions at campuses. Education, College Readiness and Success Dr. O’Brien reported to the Board that Senior Vice Chancellor Johanna Duncan-Poitier reported to the committee that there was a 3.5 million dollar grant that was made by the New York State Education Department as part of Race to the top. The award provides for the professional development of our teacher education programs around the new common core standards so that our teacher programs will be better prepared in instructing students as they go into the field over the next few years. The committee also heard about two pending proposals, one being a graduate mentoring program for students in STEM education through the National Science Foundation to work with students at early stages of their interest in sciences and math. The committee also heard a presentation on STEM which highlighted the depth of the problem. Dr. O’Brien will present at a later time a short presentation and pieces of information about these issues for all of the educational pipeline. Finance and Administration Mr. Staller began his report by indicating the committee received an update from Brian Hutzley on a number of items including the community college tuition plan, the state operated campuses tuition budget for 2012-2013, the state-operated campuses financial plan for 2012-2013, and the state operated campuses schedule of fees for 2012-2013. Ground Lease – Buffalo State College Upon motion of Mr. Belluck, seconded by Mrs. Lewin, the following resolution was approved by affirmative votes from all present. Whereas Buffalo State College wishes to attract student candidates for all academic levels and areas of study, and in support of this objective has established a business plan to develop alternative, attractive housing and provide for the construction and operation of student housing complex with approximately 400 beds, which would serve the needs of its students; and Whereas the Buffalo State College Alumni Association, Inc., a not-for-profit corporation organized under the laws of the State of New York, as a function of its mission to enter into arrangements with the University for the construction of student housing pursuant to, and in accordance with Education Law §355, is willing to construct such new student housing; and Whereas Education Law §355 authorizes the State University of New York, subject to the approval of the Attorney General and the State Comptroller, and on terms and conditions determined by the Board of Trustees, to enter into a ground lease for the exclusive purpose of developing student housing on the campus of Buffalo State College; now, therefore, be it Resolved that the Chancellor, or designee, be, and hereby is, authorized in accordance with the provisions of Education Law §355 to enter into a ground lease agreement with the Buffalo State College Alumni Association, Inc., for a parcel on campus of Buffalo State College (a legal description of which is attached hereto), with such modifications and revisions as the Chancellor, or designee, may deem advisable, under which the Buffalo State College Alumni Association, Inc. or any duly approved sub-lessee, which shall be a §501(c)(3) supporting organization of Buffalo State College, will develop student housing; and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized in accordance with the provisions of Education Law §355 to approve any amendments, modifications, or waivers of any provisions in the ground lease and related documents, including any sublease, which confer on the State University of New York or any of its officers or employees any rights of approval in regard to the student housing facility; and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized in accordance with the provisions of Education Law §355 to provide all other approvals, notices, assurances or instruments or take such other actions in connection with the student housing facility as may be necessary from time to time, under the ground lease and related documents, including any sublease. (2012-048) Amendment to Tuition Schedule Upon motion of Mr. Staller, seconded by Mr. Murad, with an opposition by Mr. Belluck and an abstention by Mr. Rea, the following resolution was approved by affirmative votes from all present. Whereas the NY-SUNY 2020 Challenge Grant Program Act (“the Act”), Chapter 260, Laws of 2011, authorizes the Board of Trustees to increase resident undergraduate tuition by an amount not to exceed $300 each year for a five year period; and Whereas the NY-SUNY 2020 Challenge Grant Program Act authorizes the Board of Trustees to increase non-resident undergraduate tuition for students enrolled at each of the University centers by up to 10% subject to the approval by the Governor and the Chancellor of a long-term economic and academic plan submitted by each University Center; and Whereas in accordance with the Act, academic plans for the University at Buffalo and Stony Brook University have been approved and the plans for the University at Albany and Binghamton University have been submitted for approval; and Whereas analysis of the tuition schedule, appropriate comparisons to similarly situated institutions, and review of market conditions demonstrates that the resident graduate tuition should be increased by 5.6%, the non-resident graduate tuition rate should be increased 10%, the resident undergraduate tuition rate should be increased by $300 for the 2012-2013 academic year, amounting to a 5.7% increase, and non-resident undergraduate tuition should be increased by 3.5% for students enrolled at the other research/doctoral Institutions, the University Colleges, and the Colleges of Technology; and Whereas tuition rates for certain graduate and professional degree programs are in the third year of a five-year plan calling for increases in all categories; and Whereas the tuition rates brought forth for approval form the basis of the campus revenue projections included in the 2012-13 Financial Plan, which will be presented to this Board for approval; and Whereas adoption on an immediate basis of these tuition increases effective for the Fall 2012 semester is necessary in order for the State University to timely obtain necessary revenue while maintaining program quality and access and to give appropriate notice of the increases to students, their families and financial aid providers; now, therefore, be it Resolved that the Chancellor, or designee, be, and hereby is, authorized and directed to prepare, in accordance with the provisions of the State Administrative Procedure Act, a Notice of Emergency Adoption and Proposed Rulemaking with respect to amendments to section 302.1(2)(b) of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York, to read as follows (brackets denote old material to be deleted; underlining denotes new material to be added): Section 302.1. Tuition and fees at State-operated units of State University. * * * * * (b) Tuition charges as listed in the following table for categories of students, terms and programs, and as modified, amplified or explained in footnotes 1 through 6 are effective with the [2011] 2012 Fall term and thereafter. Charge per Semester Charge per Semester credit hour1 Special Students New York State residents Out-of-State residents New York State residents Out-of-State residents (1) Students enrolled in degree-granting undergraduate programs leading to an associate degree and non-degree granting programs of at least one regular academic term in duration which have been approved as eligible for Tuition Assistance Program Awards [$2,635] $2,785 [$7,160] $7,410 $4,8702 [$220] $232 [$175] $2323 [$597] $618 $4062 [$175] $2323 (2) Students enrolled in degree-granting undergraduate programs leading to a baccalaureate degree and non-degree granting programs of at least one regular academic term in duration which have been approved as eligible for Tuition Assistance Program Awards [$2,635] $2,785 [$7,160] $7,410 [$7,360] $8,0954 $7,3605 [$3,9555] $4,1806 [$220] $232 [$597] $618 [$613] $6754 $6135 [$3305] $3496 (3) Students enrolled in graduate programs (other than Masters of Business Administration, Architecture, Social Work or Physician Assistant) leading to a Master’s, Doctor’s or equivalent degree [$4,435] $4,685 [$7,580] $8,340 [$6,6555] $7,0356 [$370] $390 [$632] $695 [$5555] $5866 (4) Students enrolled in a graduate program leading to a Masters of Business Administration (MBA) [$5,105] $5,565 [$8,325] $9,160 [$425] $464 [$694] $763 (5) Students enrolled in a graduate program leading to a Masters of Architecture [$4,605] $5,020 [$7,580] $8,340 [$384] $418 [$632] $695 (6) Students enrolled in a graduate program leading to a Masters of Social Work [$4,585] $5,000 [$7,580] $8,340 [$382] $417 [$632] $695 (7) Students enrolled in the professional program of pharmacy [$9,875] $10,765 [$18,975] $20,875 [$823] $897 [$1,581] $1,740 (8) Students enrolled in the professional program of law [$9,510] $10,365 [$16,010] $17,610 [$793] $864 [$1,334] $1,468 (9) Students enrolled in the professional program of  medicine [$13,545] $14,765 [$26,825] $27,325 [$1,129] $1,230 [$2,235] $2,277 (10) Students enrolled in the professional program of dentistry [$11,675] $12,725 [$26,015] $28,615 [$973] $1,060 [$2,168] $2,385 (11) Students enrolled in the professional program of physical therapy and doctor of nursing practice [$8,230] $8,970 [$14,645] $16,110 [$686] $748 [$1,220] $1,343 (12) Students enrolled in the professional program of optometry [$9,300] $9,950 [$17,855] $19,105 [$775] $829 [$1,488] $1,592 (13) Students enrolled in the professional program of physician assistant [$4,560] $4,970 [$8,270] $9,095 [$380] $414 [$689] $758 1 The Chancellor shall determine the equivalent of a credit hour. 2 In accordance with chapter 309 of the Laws of 1996, and enabling action by the Board of Trustees, the Colleges of Technology at Alfred, Canton, Cobleskill, Delhi and Morrisville are authorized to charge this lower rate for out-of-state students enrolled in degree-granting programs leading to an associate degree or in non-degree granting programs. This reduced rate does not apply to those students enrolled in degree-granting programs leading to a baccalaureate degree. 3 In accordance with Chapter 309 of the Laws of 1996, and enabling action by the Board of Trustees, the Colleges of Technology at Alfred, Canton, Cobleskill, Delhi and Morrisville are authorized to charge this lower rate for special students (part-time) enrolled in degree-granting programs leading to an associate degree or in non-degree granting programs, and taking classes at off-campus locations or during the summer or winter intercessions. This reduced rate does not apply to those students enrolled in degree-granting programs leading to a baccalaureate degree. 4 In accordance with the NY-SUNY 2020 Challenge Grant Program Act, the University Centers at [Albany, Binghamton,] Buffalo and Stony Brook are authorized to charge this rate for non-resident undergraduate students, since their plans were approved for 2011-12. 5 In accordance with the NY-SUNY 2020 Challenge Grant Program Act, the University Centers at Albany and Binghamton are authorized to charge this rate for non-resident undergraduate students, pending approval of their submitted plans. [5]6 As authorized by the Board of Trustees (2010-081), Maritime College is authorized to charge up to this rate for non-resident students from states considered to be in-region (Alabama, Connecticut, Delaware, Florida, Georgia, Louisiana, Mississippi, Maryland, New Jersey, North Carolina, Pennsylvania, Rhode Island, South Carolina, Virginia, and Washington D.C.). (2012-049) 10. OBSERVER’S REPORT Arthur Anthonisen presented on behalf of David Mathis, President of NYCCT. He indicated that David Mathis has been participating on the SUNY Shared Services Committee and most recently at the regional meeting of the Community College Board Chairs in the mid-Hudson region where the Chairs from the following community colleges participated: Columbia-Greene CC, Ulster CC, Sullivan CC, Orange CC, Rockland CC, Westchester CC, Dutchess CC, Tompkins Cortland CC and Mohawk CC. This was the first regional meeting and discussions about the recent by-law changes of NYCCT and restructuring were made. Other topics included the legislative agenda, tuition plans, the remediation taskforce, the request for the SUNY Community College and request for a Community College committee for the SUNY Board. 11. ADJOURNMENT There being no further business, upon motion of Mrs. Lewin, seconded by Mr. Rea, the meeting was adjourned at 3:30 p.m. 18 Board of Trustees -2- June 12, 2012 Meeting minutes