STATE UNIVERSITY OF NEW YORK Minutes of Meetings of the Board of Trustees of State University of New York November 17, 2010 (Subject-to-Correction) The Board of Trustees of State University of New York met on November 17, 2010 at 10:30 a.m. at the SUNY Global Center, Global Classroom, New York, New York pursuant to calls sent by the Office of the Secretary of the University on November 2, 2010. November 17, 2010 10:33 a.m. Trustees present: Mr. Hayden, Chairman; Mr. Belluck; Dr. Ehrenberg; Ms. Gondar; Mr. Hunt; Mrs. Lewin; Dr. Lichtman; Mr. McCall; Mr. Murad; Mr. Noguera; Dr. O�Brien; Ms. Sanford; Mr. Spielvogel; Mr. Staller; Ms. Warren-Merrick Trustees absent: Mrs. Audi; Dr. Wachsman Also present: Chancellor Zimpher; Dr. Lavallee; Mr. O�Connor; Ms. Rimai 12:50 p.m. Trustees present: Mr. Hayden, Chairman; Mr. Belluck; Dr. Ehrenberg; Ms. Gondar; Mr. Hunt; Mrs. Lewin; Dr. Lichtman; Mr. McCall; Mr. Murad; Mr. Noguera; Dr. O�Brien; Ms. Sanford; Mr. Spielvogel; Mr. Staller; Ms. Warren-Merrick Trustees absent: Mrs. Audi; Dr. Wachsman Also present: Chancellor Zimpher; Dr. Lavallee; Mr. O�Connor; Ms. Rimai November 15, 2010 1. CONVENING OF PUBLIC MEETING Mr. Hayden convened the Public Meeting at 10:33 a.m. which was held in the Global Classroom at the SUNY Global Center in New York City. He thanked everyone for attending this second day of meetings and said that there have been a number of very positive comments regarding the new meeting format. He also said that all participating members were present, therefore, video conferencing was not necessary, but the meeting will be webcast. Mr. Hayden mentioned that there was a delightful reception and informal dinner held the previous evening to recognize former members of the Board. Chairman Hayden stated that in Executive Session today, the Board would discuss personnel matters, legal advice from University counsel, proposed honorary degrees, and the Chancellor�s self evaluation. Mr. Hayden said during Public Session, the Board will vote on the consent agenda, the Chancellor will report on our Strategic Plan, The Power of SUNY, and a presentation on early college high schools. He stated that they will defer acting on the SUNY budget proposal until a special meeting to be held in December. 2. CONVENING OF EXECUTIVE SESSION At 10:37 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 Mrs. Lewin, 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 12:49 p.m. 12:50 p.m. 3. RECONVENING OF PUBLIC MEETING On November 17, 2010 at 12:50 p.m., Mr. Hayden reconvened the Public Meeting, which was held in the Global Classroom at the SUNY Global Center in New York City. Mr. Hayden began the Public Meeting by acknowledging Admiral John Craine, President of SUNY Maritime, President Kevin Drumm from Broome Community College, President Ronald Heacock from Adirondack Community College, and President Anne Kress from Monroe Community College and thanked them for attending the meeting. He also thanked Mitch Leventhal and Garrick Utley for the use of their extraordinary facilities at the SUNY Global Center Mr. Hayden stated that the proceedings will begin today with an acknowledgement of Coach Clayton Kendrick-Holmes and Johanna Kendrick-Holmes. He then called upon President Craine to say a few words about Johanna and Clayton Kendrick-Holmes. President Craine highlighted Mr. Kendrick-Holmes� career prior to arriving at SUNY Maritime and also described his accomplishments at the campus. Admiral Craine stated that in addition to being a coach, Clayton Kendrick-Holmes is also an officer in the United States Navy Reserves and has been recalled to active duty. A video tribute to Mr. Kendrick-Holmes was viewed and enjoyed by all. Mr. Hayden then invited Coach Kendrick-Holmes to say a few words. Mr. Kendrick-Holmes thanked everyone and said that he was honored to have been recognized today and that he is proud to be the football coach at SUNY Maritime College. Mr. Hayden then asked Chancellor Zimpher to say a few words. The Chancellor told Coach Kendrick-Holmes that he was a model of courage, commitment and leadership and thanked Johanna Kendrick-Holmes for her diligence, support and courage. Chairman Hayden thanked Admiral Craine and noted that the Admiral has announced his decision to retire from SUNY Maritime after a lifelong career and service to our nation. He said a celebration will be held in the spring. 4. CHAIRMAN�S REPORT Mr. Hayden began his report by congratulating Andrew Cuomo, the governor elect of New York State. The Chairman said that he was encouraged at the prospect of the new Governor�s service because of Mr. Cuomo�s commitment to the State University of New York and that he looks forward to joining hands in pursuit of shared objectives. Mr. Hayden also reported that H. Carl McCall is serving as the Vice Chair of the Governor�s transition team and that Ambassador Spielvogel is serving in a prominent position in the transition as well. He thanked Trustee McCall and Trustee Spielvogel for their service and for bringing the importance of SUNY to the Governor-elect and his team. Chairman Hayden also recognized Jonas Chartock, who has announced his resignation as Executive Director of the Charter Schools Institute, and thanked him for his great service. Mr. Hayden reported that Phil Wood, Vice Chancellor for Capital Facilities and General Manager of the Construction Fund, has announced his plans to retire at the end of December and also thanked him for all he has done. 5. RESOLUTIONS Mr. Hayden stated that they will review major resolutions coming before the Board which have been reviewed by the Committees over the past two days. He called upon Trustee Warren-Merrick and Provost Lavallee to present two resolutions pertaining to the Appointment of Distinguished Professors and the Appointment of Distinguished Teaching Professors on behalf of the Academic Affairs Committee. Appointment of Distinguished Professors Upon motion of Ms. Warren-Merrick, seconded by Dr. Ehrenberg, the following resolution was unanimously approved. Whereas the State University of New York Board of Trustees has proudly established a historic tradition of acknowledging and honoring extraordinary faculty achievement through appointment to Distinguished Faculty Rank; and Whereas the appointment to Distinguished Faculty Rank at state-operated campuses is both a system-wide distinction and a promotion in rank; and Whereas the SUNY Board of Trustees has the authority to bestow system-wide distinctions; now, therefore, be it, Resolved that each faculty member listed below be, and hereby is, appointed to the rank of Distinguished Professor at the State University of New York campus indicated, effective November 17, 2010: Professor Ronald W. Toseland, University at Albany Professor Venugopal Govindaraju, University at Buffalo Professor Mark Aronoff, Stony Brook University (2010-143) Appointment of Distinguished Teaching Professors Upon motion of Ms. Warren-Merrick, seconded by Dr. Ehrenberg, the following resolution was unanimously approved. Whereas the State University of New York Board of Trustees has proudly established a historic tradition of acknowledging and honoring extraordinary faculty achievement through appointment to Distinguished Faculty Rank; and Whereas the appointment to Distinguished Faculty Rank at state-operated campuses is both a system-wide distinction and a promotion in rank; and Whereas the SUNY Board of Trustees has the authority to bestow system-wide distinctions; now, therefore, be it, Resolved that the faculty member listed below be, and hereby is, promoted to the rank of Distinguished Teaching Professor at the state-operated campus indicated, effective November 17, 2010: Professor Mary Jane Giarrusso-Wilkin, SUNY Delhi (2010-144) Mr. Hayden called upon Trustee Warren-Merrick and Provost Lavallee to present the resolution regarding Programs at the Southampton Campus of the Stony Brook University. Provost Lavallee stated that this resolution recognizes the basis for the decision of President Stanley with regard to programs at the Southampton site and specifically to move an undergraduate program to the main campus and retain masters programs on that site. Dr. Lavallee said that pending the approval of this resolution, they intend to resume discussions with Suffolk Community College and Farmingdale State College in order to offer more programs at the Southampton site and to fully utilize the classroom and laboratory facilities and to bring more educational opportunities to the residents of the South Fork. After a lengthy discussion, Chairman Hayden called for a motion. Programs at the Southampton Campus of the Stony Brook University Upon motion of Ms. Warren-Merrick, seconded by Mrs. Lewin, with an abstention noted from Ms. Gondar, the following resolution was approved. Whereas, on September 20, 2005, the Board of Trustees approved the purchase of the Southampton Campus; and Whereas, the minutes of the September 20, 2005 meeting reflect a statement of the Chancellor that the operation of the Southampton Campus contemplated external revenue including the support of the Legislature and Governor; and Whereas, subsequently, the State�s economic situation changed, resulting in reductions in State operating support for SUNY of $214.8 million for FY 2008-09, $210.5 million for FY 2009-10, and $170 million for FY 2010-2011; and Whereas, Campus Presidents, including the President of Stony Brook University, were directed to manage and absorb campus budget cuts, including $59 million in cuts for Stony Brook since 2008-2009; and Whereas, in early April 2010, the President of Stony Brook briefed the Chancellor on Stony Brook�s intention to move certain sustainability majors and all residential housing services from the Southampton Campus to the Main Campus so as not to compromise the delivery of services to the 25,000 students on Main Campus; as well as on Stony Brook�s intention to retain certain unique programs at Southampton; and to work towards repurposing the Southampton Campus with the goal of economic viability; and Whereas, this action was concurred with by System Administration; and Whereas, Education Law section 356 provides, in pertinent part, that subject to the general management, supervision, control and approval of the State University Board, a college council shall review major plans of the college president for the effective operation of the campus, and such plans and the recommendation of the college council shall be submitted to the State University Board for approval; and Whereas, this type of programmatic change was not viewed by System Administration as a �major plan� under Education Law �356 and thus was not submitted to the Board, with the recommendation of the college council, for approval; and Whereas, by memorandum decision dated August 30, 2010, the Supreme Court in Suffolk County deemed the Stony Brook University President�s determination to be a �major plan� under Education Law �356, and by judgment dated September 17, 2010, the Court annulled the State University�s determinations with respect to the Southampton Campus and enjoined implementation of such plans until compliance with Education Law section 356 occurs; and Whereas, the Stony Brook Council has reviewed the plans of the President of Stony Brook with respect to the Southampton Campus and by resolution has set forth its recommendation; and Whereas, in accordance with Education Law section 356, the President of Stony Brook has submitted such plan and recommendation (copies attached) to the State University Board; now, therefore, be it Resolved, that the Board of Trustees approves, nunc pro tunc, pursuant to its general powers under Section 350 et seq. of Education Law, including Education Law �356, Stony Brook University�s decision to relocate undergraduate sustainability majors and undergraduate housing services to the Stony Brook Main Campus, and the decision to continue the Masters of Fine Arts Program, the Summer Writing Program and Marine Sciences activities on the Southampton Campus, as well as any steps necessary to affect this outcome. (2010-145) Chairman Hayden asked Trustee McCall and Monica Rimai to present the resolution titled Approval of 2010-11 Revised Core Instructional Budget Allocations on behalf of the Finance Committee. Approval of 2010-11 Revised Core Instructional Budget Allocations Upon motion of Mr. McCall, seconded by Ms. Gondar, with an abstention noted from Dr. Ehrenberg, the following resolution was approved. Whereas in accordance with Education Law �355(4), the Board of Trustees has authority to allocate annual appropriations among the State-operated and Statutory Colleges and programs of the University; and Whereas the 2010-11 Enacted State Operations Budget provides for total core instructional support for the State University of $2,368,097,900, consisting of $1,086,313,900 in State taxpayer support and $1,281,784,000 in State University income from tuition and other revenue; and Whereas the core instructional budget allocations were initially adopted by this Board at the August 12, 2010 meeting (Res. No. 2010-110); and Whereas the available general fund support to the University has been reduced by $23.25 million pursuant to the October 2010 direction of Governor Paterson as part of budget gap closing actions authorized by the final budget; 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 2010-11 University fiscal year beginning July 1, 2010, in a total amount of $2,344,847,900, adjusted for the $23,250,000 October reduction: DOCTORAL DEGREE GRANTING INSTITUTIONS Albany $156,183,900 Binghamton 136,056,300 Buffalo University 346,958,100 Stony Brook 299,735,100 Downstate Medical 88,139,400 Environmental Science and Forestry 34,219,300 Optometry 19,262,600 Upstate Medical 66,880,100 COMPREHENSIVE COLLEGES Brockport 58,963,200 Buffalo State 79,779,600 Cortland 50,091,900 Empire State 50,299,100 Fredonia 40,800,700 Geneseo 40,866,800 New Paltz 57,176,000 Old Westbury 28,143,400 Oneonta 44,674,200 Oswego 56,295,700 Plattsburgh 47,811,600 Potsdam 37,636,400 Purchase 41,655,700 TECHNOLOGY COLLEGES Alfred 26,001,700 Canton 18,695,000 Cobleskill 20,897,700 Delhi 19,045,600 Farmingdale 41,340,400 Maritime 19,190,900 Morrisville 25,299,900 SUNYIT 18,491,300 STATUTORY COLLEGES Ceramics 8,940,400 Cornell 133,875,500 SYSTEM ADMINISTRATION 14,530,800 UNIVERSITY-WIDE GOVERNANCE Student Assembly 56,700 FACULTY SUPPORT Faculty Diversity Program 421,400 ECONOMIC DEVELOPMENT Development Centers for Business & Industry 110,800 Small Business Development 1,934,500 Strategic Partnership 1,862,200 RESEARCH College of Nanoscale Science and Engineering (Albany) 1,928,600 Cord Blood Bank (Upstate) 205,600 Earthquake Center (Buffalo) 1,642,900 Empire Innovation Program 9,856,900 GRI Non-Doctoral 172,200 Institute for Community College Development (Cornell) 246,600 Just for Kids 233,400 Library Conservation & Preservation 331,400 Office of International Programs 1,194,900 Research Inst. on Addictions (Univ. Buffalo) 2,798,500 Rockefeller Institute 1,618,400 Sea Grant (Stony Brook) 437,800 Stony Brook / Brookhaven / Cold Springs Collaboration 205,400 Two-Year College Development 37,000 STATE NEEDS/PUBLIC SERVICE High Needs Programs 3,211,600 High Needs Nursing Program 1,780,300 SUNY Urban Teacher Education Center 292,800 Sportsmanship Institute (Cortland) 631,300 TECHNOLOGY Academic Equipment Replacement 4,631,600 Computer Center (System Administration) 3,510,700 Education Technology 4,195,400 Information Security Initiative 191,100 Library Automation 1,078,200 New York Network 666,600 Student Computing Access 3,182,100 Telecommunications Network 837,000 STUDENT SUPPORT/FINANCIAL AID Child Care Centers 1,554,500 Comm. College Transfer Program 222,500 Office of Diversity and Educational Equity 457,900 Empire State Scholarships 621,900 Maritime Scholarships (Maritime) 239,600 Native American Program 213,200 Student Loans 3,075,000 Student Support Services 539,000 SUSTA 1,570,700 Tuition Reimbursement 34,697,600 Graduate Diversity Fellowships 6,039,300 PROGRAMS FOR THE DISADVANTAGED Educational Opportunity Centers 48,198,600 Educational Opportunity Program 19,345,300 TRANSITIONAL FUNDING 4,259,400 NON-BASE TUITION REVENUE APPROPRIATION 46,371,200 TOTAL AVAILABLE APPROPRIATION 2,344,847,900 UNFUNDED APPROPRIATION -- MID-YEAR REDUCTION 23,250,000 TOTAL ENACTED APPROPRIATION $2,368,097,900 and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to modify the allocations provided for herein in accordance with the Guidelines for Budget Execution promulgated 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. (2010-146) Mr. Hayden called upon Phil Wood to present the 2010 Multi-Year Master Capital Plan Update resolution. Mr. Wood stated that the members of the Board received a CD of the Master Capital Plan Report, which is a statutorily required report that must be filed every November. Mr. Wood went on to say that with the Trustees� approval, the report will be filed with officials this week. Mr. Hayden then called upon Chancellor Zimpher. The Chancellor said that she wanted to acknowledge the reference that Chairman Hayden made to Phil Wood�s decision to retire after 40 remarkable years of State service. She also said that he has been a wonderful support to everyone and to her in particular. Chancellor Zimpher thanked Phil for his extraordinary service and invited him to say a few words. Mr. Wood thanked the Chancellor, Chairman Hayden, and the Trustees. He said that he is proud to work with a remarkable group and that he leaves the capital programs and SUNY in good hands. 2010 Multi-Year Master Capital Plan Update Upon motion of Mr. Hunt, seconded by Ms. Sanford, the following resolution was unanimously approved. Whereas the State University of New York has heretofore prepared and periodically updated a Master Capital Plan establishing long-range capital construction program plans for the State-operated campuses of the University, including the University�s three teaching hospitals; Whereas Ch. 678 L. 1988 authorized a new capital construction financing program for State University educational facilities and enacted Education Law �355(13) to require that the Board of Trustees approve and submit an annual Master Capital Plan to the Chairs of the Assembly Ways and Means Committee and the Senate Finance Committee and to the Director of the Budget; and Whereas Ch. 59, Part NN, L. 2004 amended Education Law �355(13) to further require that the annual Master Capital Plan include, in addition to information regarding future planned capital program and project activities, certain types of financial reporting for educational facilities capital projects underway; and Whereas Ch. 57, Part GG, L. 2008 amended Education Law �355(13) to further require that the annual Master Capital Plan will also describe how projects support improvements in environmental protection, energy and resource management, solar energy and conservation; now, therefore, be it Resolved that the State University Multi-Year Master Capital Plan Update, dated November 2010, be, and hereby is, approved; and be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to submit the State University Master Capital Plan Update to the Chairs of the Assembly Ways and Means Committee and the Senate Finance Committee, and to the Director of the Budget in accordance with Education Law �355(13). (2010-147) Mr. Hayden asked Trustee McCall and Monica Rimai to report on the Broad Hollow Bioscience Park � Farmingdale State College and Ground Lease for Medical Office Building � State University of New York at Stony Brook resolutions on behalf of the Finance Committee. Mr. McCall stated that the Finance and Administration Committee discussed these items in their meeting and then called upon Senior Vice Chancellor Rimai to give a brief presentation. Ms. Rimai reported that the Broad Hollow initiative is an opportunity to fast track the successful incubator program for SUNY Farmingdale. Ms. Rimai said that they are asking for the Board�s authority to seek legislative approval to place the land and the incubator itself into an affiliated entity that could then pursue business opportunities. Ms. Rimai then reported on the Ground Lease for Medical Office Building at Stony Brook University. Ms. Rimai stated that this opportunity to create a public-private partnership with an existing Stony Brook 501(c) 3 for the building of a medical office building and a parking facility would allow Stony Brook University Hospital to bring many of its clinical practices to campus and collocated for greater efficiencies and enhances the patient�s experience. Broad Hollow Bioscience Park -- Farmingdale State College Upon motion of Mr. McCall, seconded by Ms. Warren-Merrick, the following resolution was unanimously approved. Whereas the State has invested resources in development of capital facilities of the Broad Hollow Bioscience Park (�BHBP�) upon the grounds of Farmingdale State College, where successful public-private partnerships have already attained some success; and Whereas the establishment of a ground lease to replace the current operating arrangement will greatly enhance the capacity for further development of BHBP through the facilitation of procedures more consistent with those of private industry, especially the type of incubator and small start-up companies that constitute the potential tenants of the park; and Whereas legislation is required to authorize Farmingdale State College to enter into a ground lease; and Whereas a more effective operating arrangement for the BHBP will foster economic development on Long Island through the nurturing of a vigorous high-technology research community, the development of marketable products in small start-up and incubator companies; now, therefore, be it Resolved that the State University supports the establishment of a ground lease for the further development of Broad Hollow Bioscience Park; and, be it further Resolved that the State University supports the enactment of ground lease legislation substantially in the form attached hereto; and be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to take actions necessary or appropriate to undertake a ground lease for the Broad Hollow Bioscience Park. (2010-148) Ground Lease for Medical Office Building - State University of New York at Stony Brook Upon motion of Mr. McCall, seconded by Ms. Warren-Merrick, with an abstention noted from Mr. Staller, the following resolution was approved. Whereas the State University of New York at Stony Brook proposes to enter into a ground lease of approximately 4 acres (to be located southwest of Stony Brook University Hospital) and approximately 8 acres (to be located southeast of Stony Brook University Hospital) with Stony Brook Foundation Realty, Inc. to facilitate construction of a medical office building and parking facilities to support the provision of quality health care to the surrounding communities; Whereas Stony Brook Foundation Realty, Inc. is a notforprofit corporation which is wholly owned by Stony Brook Foundation, Inc., a notforprofit corporation, and both corporations have as their exclusive purpose the benefit of the State University of New York at Stony Brook; and Whereas legislation is required to authorize State University at Stony Brook to enter into a ground lease; now, therefore, be it Resolved that the State University supports the enactment of ground lease legislation substantially in the form attached hereto; and be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to take actions necessary or appropriate to undertake a ground lease for a medical office building and parking facilities at the State University of New York at Stony Brook. (2010-149) 4. CHANCELLOR�S REPORT Chancellor Zimpher began her report by saying that the Trustees have received the good news items in written form which includes items of major proportion that have taken place since the last Board meeting. The Chancellor spoke on SUNY and the Entrepreneurial Century and stated that the Binghamton Airport has installed geothermal technology under its runways to melt ice and snow, highlighting that it was 20 Binghamton students who created this model. She also spoke on the Education Pipeline and congratulated Johanna Duncan-Poitier and the team for capturing an $800,000 grant for adult degree completion from Lumina Foundation. The Chancellor reported that in regard to SUNY and an Energy Smart New York, Clinton Community College revealed the first and only wind simulator training unit in use for classroom training and that Stony Brook University sponsored the sixth in a series of advanced energy summits for all New Yorkers. She reported another exciting development of SUNY and a Healthier New York is that biophysicists at the University at Buffalo are testing a protein found in tarantula venom as a potential therapy for muscular dystrophy. The Chancellor spoke on SUNY and the Vibrant Community, highlighting that SUNY Morrisville architecture students will be spending a night in a homemade shelter as part of the recognition of National Hunger and Homelessness Awareness week. Chancellor Zimpher also said that in demonstration of how our campuses support the goals related to SUNY and the World, President David Heath of the College of Optometry, is one of 50 foreign experts from 16 countries honored for their outstanding contributions to China�s development at an annual friendship award ceremony in Beijing. The Chancellor paused her report in order to recognize the Emergency Response and Recovery Team. She called upon Monica Rimai to brief the Board regarding a recent situation. Ms. Rimai began by stating that the Emergency Response and Recovery Team are participating in this portion of the Board meeting via video conference. She reported that as part of the annual exercise over the Columbus Day weekend, State authorities shut off the river water supply to State offices in downtown Albany to allow for routine maintenance. In preparation for this annual exercise, the SUNY Plaza maintenance and engineering staff used this opportunity to replace a valve associated with some of the piping in and around the chiller system. Ms. Rimai went on to explain that when the river water supply was turned back on, a faulty connection between the newly replaced valve and the piping carrying the water to the chiller caused the water to break through the faulty connection and as a result, there was a flood in the south basement which caused the failure of the electrical system for all of SUNY System Administration�s complex of buildings. She said that the Emergency Response and Recovery Team was a remarkable team of talented and dedicated professionals who returned the buildings back to normal operations ahead of schedule. To that end, she asked for the Board�s consider the following resolution: In Recognition of the Outstanding Contributions of the SUNY Emergency Response and Recovery Team Upon motion of Ms. Sanford, seconded by Mr. Murad, the following resolution was unanimously approved. Whereas on the evening of October 10, 2010, an emergency situation occurred that resulted in SUNY Plaza being flooded with river water from the building�s cooling system. During the flooding, water entered the south basement at a rate of approximately 750 gallons per minute. At this�exceedingly high rate of infiltration,�water flowing in from the Hudson very quickly�made contact with the main electrical gear, causing extremely dangerous conditions; and Whereas within minutes of this occurring, our University Police and Maintenance units were alerted and on site, ensuring that crucial steps were taken to ascertain the source of the water, determining and closing the valve that controlled the source, along with safely cutting off electrical power throughout the building; and Whereas by morning the Emergency Response and Recovery Team was completely operational and had a full assessment and plan for moving towards restoring power to SUNY Plaza. One of the most incredible aspects of this team was the composition. Individuals from every unit within SUNY Plaza, as well as Office of General Services counterparts, the City of Albany fire department and the University at Albany, came together to identify and bring back on line the services that were essential to continue the business of SUNY; and Whereas the safety of SUNY employees was of the utmost importance, and the care with which this recovery effort was handled was truly remarkable. Not only did the Team work long hours every day and throughout weekends to ensure an expedited return to normalcy, the Team made great strides to create the best working environment possible for our displaced employees; and Whereas the leadership and commitment demonstrated by the members of the SUNY Emergency Response and Recovery Team during this extremely challenging event is worthy of the highest regard among their colleagues; and Whereas the efforts of this Team over the past month showcase the many dedicated and passionate public servants whom New York State is fortunate to employ; now, therefore, be it Resolved each Team member is worthy of the highest praise, and therefore it is with tremendous pride that the State University of New York recognizes the following individuals for their contributions: SUNY System: Lisa Almodovar, Joel Baker, James Becker, Donald Bryda, Francis Castaldo, Troy Caswell, Al Dannes, Joseph DiPace, Mark Evans, John Evans, James Fluewelling, Douglas Johnson, Robert Lang, Malvin Lumpkin, Sean O'Leary, Carrie Pause, Kevin Stillman, Paul Sweeney, Donna Amiraian, Karren Bee-Donohoe, Mike Behrman, David Belsky, Barbara Boyle, Paul Brucker, Thomas Carey, Amanda Chenaille, Katherine Cinney, Terrance Coon, Drew Countryman, Robert Davis, Alexander DeMarco, Kellie Dupuis, Bob Fraser, Tim Gardner, John Green, Laura Gross, Bob Haelen, Bill Held, Jeffrey Hochberg, Leslie Jones, Bob Kanarkiewicz, Jim Keneston, Mary Jo Lais, Alisha Lang, William Malark, Tom Mannix, John Panariello, Theodore Phelps, Michael Plowinske, Dave Powalyk, Tracy Reimann, William Reimann, Paul Rifenburgh, Jason Rogers, David Schindler, Vlado Sergovich, Lachlan Squair, Jeff Vandenburgh, Richard Wiegner, Phil Wood, Arthur Yonkers University at Albany: Kerry Csontos, Ted Hunter Office of General Services:Vincent DeRubertis, Alfred Horlacher, Joe Mazoway, Joe Popp, Chris Steinke City of Albany Fire Dept.: Deputy Chief Michael Cox, Battalion Chief Mike Fairfield, Captain Loren LaJoy, Deputy Chief Joe Toomey (2010-150) Chairman Hayden commented that this was an unprecedented emergency and the team responded magnificently. Mr. Hayden said that we are extraordinarily grateful to each and every member of the team. Chancellor Zimpher then recognized Senior Vice Chancellor Monica Rimai�s invaluable leadership during this event and noted it was a major factor in SUNY never losing a step in the services we provide to our constituency. The Chancellor continued by reporting on the implementation of the Strategic Plan. She said that the implementation process was launched on October 20 and through a broad based nominating process, people were selected to join working groups to carry out this process. Chancellor Zimpher stated that metrics will be used to determine what matters most and whether work is getting done and that the focus of the first three meetings of this group will be on measurement. She also mentioned that we have committed to issue a report card about a competitive SUNY, and how we stack up with other universities and systems across the country. The Chancellor went on to say that by May, we will be prepared to provide a baseline of what we intend to measure and then in the fall, we will start a composite of our measures using 09-10 as the baseline year for our impact. She also said that a national conference will be held in September which will draw not only constituents from across SUNY and New York, but also national and international scholars and activists to discuss the role of higher education in economic development with a particular emphasis on measurement. Chancellor Zimpher concluded her report by calling upon Johanna Duncan-Poitier to speak on the Education Pipeline. Ms. Duncan-Poitier began by stating that the Education, College Readiness and Success Committee had a very detailed discussion regarding the eleven early college high schools around the state and the associated data. She said that this initiative is about systemic change and is a structural change in the way we do business with our K-12 schools and the colleges under the Board�s guidance. Ms. Duncan-Poitier provided statistics on the Education Pipeline which indicated how important the work is and why systemic reform is necessary. She then introduced Steve Barkanic, Senior Program Officer of the Gates Foundation, who donated $6 million for the start up of this program. Mr. Barkanic stated that it was a privilege to be here to talk about the Gates Foundation�s work in early college high schools, particularly their support for the smart scholars� network of early college schools in New York. He went on to say that the Gates Foundation views its grant of $6 million for this school network with one-to-one matching commitment by the State as a key investment in the State�s educational system, building on previous Foundation work in New York and leveraging the State�s uniquely centralized education system and nationally recognized trends in both the K-12 and post secondary levels. Mr. Barkanic stated that with its 64 campuses dispersed throughout the State, SUNY has a very deep capacity to significantly build out this network of schools and take a national position in this space. He applauded the university system of New York and the NYS Department of Education for their vision and support for the smart scholars� initiative. Johanna Duncan-Poitier then introduced Jean-Claude Brizard, Superintendent of Rochester City School District. Mr. Brizard provided background information regarding his school district and provided statistics which highlighted why the early college high school initiative is necessary. Ms. Marlene Blocker, Principal of the Rochester Early College High School, also provided comments on why this initiative is important. President Anne Kress from Monroe Community College explained why a SUNY institution would be involved in this type of initiative and that they are delighted to be hands on partners. The Board then heard from students from Roosevelt High School who participate in the early college high school program who explained why this initiative is important to them. 5.1 Approval of Minutes of the Board's Regular Monthly Meeting Held on September 15, 2010 Mr. Hayden called for a motion to approve the proposed minutes of the Board's regular monthly meeting held September 15, 2010. Upon motion of Mrs. Lewin, seconded by Mr. Hunt, the proposed minutes were unanimously approved as the official minutes of the meeting held September 15, 2010. 6. CONSENT AGENDA ITEMS Chairman Hayden then called upon Secretary O�Connor for the resolutions from the consent agenda. Upon motion of Mrs. Lewin, seconded by Mr. Hunt, the following resolutions were unanimously adopted. Stony Brook University Hospital - Quality Assessment Review Board Whereas by Resolution 2007-28, adopted March 20, 2007, the State University Board of Trustees established a Quality Assessment Review Board for Stony Brook University Hospital; and Whereas Resolution 2007-28 provides that members of the Quality Assessment Review Board shall be appointed by the State University Board of Trustees upon the recommendation of the Chancellor, in consultation with the President of Stony Brook University; now, therefore, be it Resolved that Dr. Mark Graber, Ms. Adriann Combs and Mr. Andrew Biondo be, and hereby are, appointed as members of the Quality Assessment Review Board for a three year term. (2010-151) Naming of Dubin Family Athletic Performance Center � State University of New York at Stony Brook Resolved that the naming of a strength and conditioning center at the State University of New York at Stony Brook as the Dubin Family Athletic Performance Center be, and hereby is, approved. (2010-152) Approval of Application for Innovate Manhattan Charter School (Manhattan) Whereas the Charter Schools Institute (the �Institute�) has determined that the application for the Innovate Manhattan Charter School (the �Recommended Application�), to be located in Manhattan and originally submitted under the name �KED Manhattan Charter School,� shows great promise and meets all applicable legal requirements, and has recommended that it be approved as set forth in the Institute�s Summary of Findings and Recommendations report for the proposed school (copy on file in the Office of the Senior Vice Chancellor and Secretary of the University and in the Albany office of the Institute), which the Board of Trustees has reviewed; now, therefore, be it Resolved that the Recommended Application and the school described therein meet the requirements of the New York Charter Schools Act of 1998 (as amended) and all other applicable laws, rules and regulations; and, be it further Resolved that the applicant submitting the Recommended Application and the founding team described therein demonstrate the ability to operate the proposed school in an educationally and fiscally sound manner; and, be it further Resolved that approving the Recommended Application is likely to improve student learning and achievement and materially further the purposes set out in subdivision 2850(2) of the Education Law, and, be it further Resolved that the Recommended Application be, and hereby is, approved; and, be it further Resolved that the Institute be, and hereby is, directed to: 1) enter into a proposed charter with the applicant of the Recommended Application, which shall include such assurances and terms as the Institute shall deem necessary and appropriate; and 2) thereafter to submit such proposed charter to the Board of Regents for its review, comment and potential approval. (2010-153) Acquisition of Property -- State University of New York at Stony Brook Whereas it is necessary for the purposes of the State University of New York at Stony Brook to acquire the real property hereinafter described, together with all improvements thereon; now, therefore, be it Resolved that the approximately 3.22 acre parcel of real property, together with all improvements thereon, situated at 2000 Ocean Avenue in the Town of Ronkonkoma, County of Suffolk, New York, and owned by Nassau Suffolk Lumber & Supply Corporation, be purchased for the sum not to exceed $3,760,000, as established by a proper appraisal and an accurate survey, and approval of title to said real property by the Attorney General; and, be it further Resolved that the Chancellor, or designee, be, and hereby is, authorized to execute any and all documents, notices, maps, or any other instruments necessary or appropriate to effect the acquisition of title to and possession of such property. (2010-154) Re-Adoption of Regional Tuition Rate � State University of New York Maritime College Whereas the re-adoption on an emergency basis of amendments to Section 302.5 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York is necessary to maintain authority for tuition changes for the Maritime College of the State University of New York for the Fall 2010 semester and thereafter; now, therefore, be it Resolved that Section 302.5 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York, as last amended by Resolution 1997-70, adopted on May 28, 1997, be and hereby is, amended as set forth below (brackets denote old material to be deleted; underlining denotes new material to be added): Section 302.5. Tuition charge for nonresident students at Maritime College. (a) The chancellor hereby is authorized to execute in the name and under the seal of the State University on behalf of the Maritime College thereof, an agreement with the United States of America, acting through the Maritime Administration of the Department of Transportation, under the Maritime Academy Act of 1958 (Public Law 85-672) and applicable regulations, for annual payments in support of the Maritime College, including agreement to admit students resident in other states, and for subsidy payments with respect to students attending the Maritime College and further including agreements with other states to participate in a regional maritime academy whereby students from participating states are charged [the tuition role for State residents] a special tuition rate of 150% of the tuition [role] rate for State residents; provided, however, that students from participating states who have matriculated during or prior to the State University�s 2009-10 fiscal year shall be charged a special tuition rate of 125% of the tuition rate for State students, in accordance with Federal requirements. (b) The increased annual payment in support of the Maritime College upon condition of admitting students residents in other states shall be received in discharge of such amount of the established nonresident tuition charge rate as shall reduce it to the special rate described in paragraph (a) above [rate charged State residents] in the case of such students admitted under Federal requirements. (2010-155) Final Adoption of Regional Tuition Rate � State University of New York Maritime College Resolved that effective with respect to the Fall 2010 semester and thereafter, Section 302.5 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York, as last amended by Resolution 1997-70, adopted on May 28, 1997, be and hereby is amended to read as follows (brackets denote old material to be deleted; underlining denotes new material to be added): 302.5 Tuition charge for nonresident students at Maritime College. (a) The chancellor hereby is authorized to execute in the name and under the seal of the State University on behalf of the Maritime College thereof, an agreement with the United States of America, acting through the Maritime Administration of the Department of Transportation, under the Maritime Academy Act of 1958 (Public Law 85-672) and applicable regulations, for annual payments in support of the Maritime College, including agreement to admit students resident in other states, and for subsidy payments with respect to students attending the Maritime College and further including agreements with other states to participate in a regional maritime academy whereby students from participating states are charged [the tuition role for State residents] a special tuition rate of 150% of the tuition [role] rate for State residents; provided, however, that students from participating states who have matriculated during or prior to the State University�s 2009-10 fiscal year shall be charged a special tuition rate of 125% of the tuition rate for State students, in accordance with Federal requirements. (b) The increased annual payment in support of the Maritime College upon condition of admitting students residents in other states shall be received in discharge of such amount of the established nonresident tuition charge rate as shall reduce it to the special rate described in paragraph (a) above [rate charged State residents] in the case of such students admitted under Federal requirements. (2010-156) Approval of Community College Capital Project Budget � 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 2010, 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. � COLUMBIA-GREENE COMMUNITY COLLEGE Resolved that the applications of the Legislature of Columbia County and the Legislature of Greene County, local sponsors for Columbia-Greene 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 $950,000 of the total capital cost of $1,900,000 for the Capital Reinvestment Project, being in accordance with Chapter 53 of the Laws of 2010, be, and hereby are, approved. (2010-157) MONROE COMMUNITY COLLEGE Resolved that the application of the Legislature of Monroe County, the local sponsor for Monroe 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 $250,000 of the total capital cost of $500,000 for the Dental Lab Renovation Project, being in accordance with Chapter 53 of the Laws of 2010, be, and hereby is, approved. (2010-158) SULLIVAN COUNTY COMMUNITY COLLEGE Resolved that the application of the Legislature of Sullivan County, the local sponsor for Sullivan County 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 $200,000 of the total capital cost of $400,000 for the Herman Memorial Library Roof Replacement Project, being in accordance with Chapter 53 of the Laws of 2010, be, and hereby is, approved. (2010-159) Re-Adoption of Amendments to Tuition Schedule Upon motion of Mrs. Lewin, seconded by Mr. Hunt, with abstentions noted from Ms. Gondar, the following resolutions were adopted. Whereas the re-adoption on an emergency basis of amendments to Section 302.1 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York is necessary to maintain authority for tuition increases for the State-operated campuses of the State University of New York for the Fall 2010 semester and thereafter; now, therefore, be it Resolved that Section 302.1 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York, as last amended by Resolution 2009-126, adopted on September 15, 2009, be and hereby is, amended as set forth below (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. The payment of tuition and fees in the State-operated units of the State University shall be governed by the following definitions, regulations, and schedule of rates to be charged. (a) Definitions. For the purpose of establishing rental schedules, tuition fees and other charges, the following definitions shall apply: (1) Semester. A period of attendance in which the school year is customarily divided in two equal sessions. In some cases an optional third semester is available. (2) [Quarter. A period of attendance in which the school year is customarily divided in three equal sessions. In some cases a fourth optional quarter is available. (3) ]Student. [(i)] A student at a college operating on a semester basis is any person registered for 12 or more semester hours of work in a regular program whether on campus or at another location. [(ii) A student at a college operating on a quarter basis is any person registered for 12 or more quarter hours.] ([4]3) Special student. (i) A special student at a college operating on a semester basis is any person registered for fewer than 12 semester hours of work. (ii) [A special student at a college operating on a quarter basis is any person registered for fewer than 12 quarter hours. (iii) ]A student attending a summer session, which is not a regular [quarter or ]semester, is a special student for the purpose of this definition. ([5]4) Change of status. A person who registers and commences classes initially as a student but whose program is later curtailed for academic reasons, does not change status during that [quarter or ]semester to that of special student. ([6]5) Residence. A person whose domicile has been in the State of New York for a period of at least one year immediately preceding the time of registration for any period of attendance shall be a New York resident for the purpose of determining the tuition rate payable for such period. All other persons shall be presumed to be out-of-state residents for such purpose, unless domiciliary status is demonstrated in accordance with guidelines adopted by the Chancellor or designee. (b) [(1) Students enrolled in degree-granting undergraduate programs leading to an associate degree and nondegree granting programs of at least one regular academic term in duration which have been approved as eligible for tuition assistance program awards. Tuition (i) Students, New York State residents: $2,485 per semester or $1,657 per quarter. (ii) Students, out-of-state residents: $6,435 per semester or $4,290 per quarter. (iii) Special students, New York State residents: $207 per semester credit hour or $138 per quarter credit hour. (iv) Special students, out-of-state residents: $536 per semester credit hour or $358 per quarter credit hour. (v) The president of a college of technology or a college of agriculture and technology may establish differing rates of tuition for the college for students enrolled in degree- granting programs leading to an associate degree and non-degree granting programs, with the approval of the chancellor or designee, based on considerations which may include but are not limited to time, location, cost, services provided, enrollment management and access, so long as such tuition rates do not exceed the tuition rates specified in this subdivision. (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. Tuition (i) Students, New York State residents: $2,485 per semester or $1,657 per quarter. (ii) Students, out-of-state residents: $6,435 per semester or $4,290 per quarter. (iii) Special students, New York State residents: $207 per semester credit hour or $138 per quarter credit hour. (iv) Special students, out-of-state residents: $536 per semester credit hour or $358 per quarter credit hour except that for non-matriculated students (as defined in section 145-2.4 of this Title), the president of a State-operated institution may establish a differing tuition rate(s), with the approval of the chancellor or designee, in accordance with guidelines to be issued by the chancellor, provided that such tuition rate(s) does not exceed the rate specified in this paragraph and is not lower than 15 percent above the rate in subparagraph (iii) of this paragraph. Tuition and fees charged to such non-matriculated students shall be set to cover total direct instructional costs for such students. (c) (1) Students enrolled in graduate programs leading to a master's, doctor's or equivalent degree with the exception of those degrees set forth in paragraph (2) of this subdivision. Tuition (i) Students, New York State residents: $4,185 per semester or $2,790 per quarter. (ii) Students, out-of-state residents: $6,625 per semester or $4,417 per quarter. (iii) Special students, New York State residents: $349 per semester credit hour or $233 per quarter credit hour. (iv) Special students, out-of-state residents: $552 per semester credit hour or $368 per quarter credit hour. (2) Students enrolled in graduate programs leading to a master of business administration degree (M.B.A.). Tuition (i) Students, New York State residents: $4,305 per semester or $2,870 per quarter. (ii) Students, out-of-state residents: $6,880 per semester or $4,587 per quarter. (iii) Special students, New York State residents: $359 per semester credit hour or $239 per quarter credit hour. (iv) Special students, out-of-state residents: $573 per semester credit hour or $382 per quarter credit hour. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. * * * * (d) Students enrolled in the professional program of pharmacy. Tuition (1) Students, New York State residents: $8,310 per semester or $5,540 per quarter. (2) Students, out-of-state residents: $14,375 per semester or $9,583 per quarter. (3) Special students, New York State residents: $693 per semester credit hour or $462 per quarter credit hour or equivalent. (4) Special students, out-of-state residents: $1,198 per semester credit hour or $799 per quarter credit hour or equivalent. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. * * * * (e) Students enrolled in the professional program of law (J.D. and LL.M). Tuition (1) Students, New York State residents: $8,005 per semester or $5,337 per quarter. (2) Students, out-of-state residents: $12,130 per semester or $8,087 per quarter. (3) Special students, New York State residents: $667 per semester credit hour or $445 per quarter credit hour or equivalent. (4) Special students, out-of-state residents: $1,011 per semester credit hour or $674 per quarter credit hour or equivalent. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. * * * * (f) Students enrolled in medicine programs. Tuition (1) Students, New York State residents: $11,400 per semester or $7,600 per quarter. (2) Students, out-of-state residents: $20,320 per semester or $13,547 per quarter. (3) Special students, New York State residents: $950 per semester credit hour or $633 per quarter credit hour or equivalent. (4) Special students, out-of-state residents: $1,693 per semester credit hour or $1,129 per quarter credit hour or equivalent. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. * * * * (g) Students enrolled in dentistry programs. Tuition (1) Students, New York State residents: $9,825 per semester or $6,550 per quarter. (2) Students, out-of-state residents: $19,710 per semester or $13,140 per quarter. (3) Special students, New York State residents: $819 per semester credit hour or $546 per quarter credit hour or equivalent. (4) Special students, out-of-state residents: $1,643 per semester credit hour or $1,095 per quarter credit hour or equivalent. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. (h) Students enrolled in the professional program of physical therapy and students enrolled in the doctor of nursing practice degree program. Tuition (1) Students, New York State residents: $6,925 per semester or $4,617 per quarter. (2) Students, out-of-state residents: $11,095 per semester or $7,397 per quarter. (3) Special students, New York State residents: $577 per semester credit hour or $385 per quarter credit hour or equivalent. (4) Special students, out-of-state residents: $925 per semester credit hour or $616 per quarter credit hour or equivalent. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. (i) Students enrolled in optometry programs. Tuition (1) Students, New York State residents: $8,260 per semester or $5,507 per quarter. (2) Students, out-of-state residents: $15,860 per semester or $10,573 per quarter. (3) Special students, New York State residents: $688 per semester credit hour or $459 per quarter credit hour or equivalent. (4) Special students, out-of-state residents: $1,322 per semester credit hour or $881 per quarter credit hour or equivalent. The Chancellor shall determine the equivalent of a credit hour.] Tuition charges as listed in the following table for categories of students, terms and programs, and as modified, amplified or explained in footnotes 1 and 2 are effective with the 2010 Fall term and thereafter. Charge per Semester Charge per Semester credit hour 1 Special Students New York State residents Out-of-State residents New York State residents Out-of-State residents I. 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 $2,485 $6,690 $4,550 2 $207 $175 3 $558 $379 2 $175 3 II. 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 $2,485 $6,690 $207 $558 III. Students enrolled in graduate programs (other than Masters of Business Administration) leading to a Master�s, Doctor�s or equivalent degree $4,185 $6,890 $349 $574 IV. Students enrolled in a graduate program leading to a Masters of Business Administration (MBA) $4,690 $7,570 $391 $631 V. Students enrolled in the professional program of pharmacy $9,060 $17,250 $755 $1,438 VI. Students enrolled in the professional program of law $8,725 $14,555 $727 $1,213 VII. Students enrolled in the professional program of� medicine $12,425 $24,385 $1,035 $2,032 VIII. Students enrolled in the professional program of dentistry $10,710 $23,650 $893 $1,971 IX. Students enrolled in the professional program of physical therapy and doctor of nursing practice $7,550 $13,315 $629 $1,110 X. Students enrolled in the professional program of optometry $8,690 $16,685 $724 $1,390 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. ([j]c) Intercollegiate athletics fee. The chancellor, or designee, is authorized to approve the request of the chief administrative officer at a State-operated campus to establish a campus intercollegiate athletics fee and, thereafter, any increases to such fee. When approved, the fee shall be mandatory for all undergraduate students, and, if so provided for in the request, for all graduate students enrolled at that campus. A pro rata portion shall be paid by part-time students. The fee proceeds shall be deposited in an appropriate State University account, or may be paid to authorized campus foundation or auxiliary service corporation accounts for the purpose of operating the respective campus's division 1 intercollegiate athletics program or operating its intercollegiate athletics program during the transition period leading to division 1, in accordance with a contract subject to the approval of the Office of the State Comptroller, and shall be administered in accordance with State University policy. Any request to establish a campus intercollegiate athletics fee shall demonstrate campus support pursuant to a written consultative process prepared by the chief administrative officer which shall include a student referendum. The chief administrative officer shall assure equitable athletic opportunities are available in the campus intercollegiate athletics program to all qualified individuals. ([k]d) Health services fee. The chief administrative officer at each State-operated campus which operates student health services shall establish a health services fee with the approval of the Chancellor, or designee. The fee shall be established following approval by the Chancellor, or designee, of a three-year plan for funding student health services at each campus to be determined by campus location, enrollment and the level of health services required. When approved, the fee shall be assessed upon all students enrolled in undergraduate and graduate programs at the campus. A pro rata portion shall be paid by part-time students. In each plan the chief administrative officer shall identify categories of students who may be exempted from the fee if their courses of study do not permit access to the student health services available on campus. Any increases to the fee shall be approved by the Chancellor or designee. ([l]e) Notwithstanding anything contained in this section to the contrary, members of the Armed Forces of the United States on full-time active duty and stationed in New York State and their spouses and dependents, whether or not residents of New York State as defined in paragraph (a)([6]5) of this section, shall be charged tuition at the applicable resident student rate as set forth in this section. ([m]f) Time and method of payment; additional guidelines. The Chancellor, or designee, shall issue regulations concerning the time and method of payment of all fees included in this section, and shall issue such other guidelines as shall be necessary to implement the definitions, regulations and schedule of rates adopted herewith. Such regulations and guidelines shall provide that, except where otherwise authorized, no person shall receive credit or other official recognition for work completed satisfactorily, or be allowed to reregister, until all tuition, fees and all other charges authorized by State University have been paid, or university student loan obligations have been satisfied. (2010-160) Final Adoption of Amendments to Tuition Schedule Resolved that effective with respect to the Fall 2010 semester and thereafter, Section 302.1 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York, as last amended by Resolution 2009-126, adopted on September 15, 2009, be and hereby is amended 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. The payment of tuition and fees in the State-operated units of the State University shall be governed by the following definitions, regulations, and schedule of rates to be charged. (a) Definitions. For the purpose of establishing rental schedules, tuition fees and other charges, the following definitions shall apply: (1) Semester. A period of attendance in which the school year is customarily divided in two equal sessions. In some cases an optional third semester is available. (2) [Quarter. A period of attendance in which the school year is customarily divided in three equal sessions. In some cases a fourth optional quarter is available. (3) ]Student. [(i)] A student at a college operating on a semester basis is any person registered for 12 or more semester hours of work in a regular program whether on campus or at another location. [(ii) A student at a college operating on a quarter basis is any person registered for 12 or more quarter hours.] ([4]3) Special student. (i) A special student at a college operating on a semester basis is any person registered for fewer than 12 semester hours of work. (ii) [A special student at a college operating on a quarter basis is any person registered for fewer than 12 quarter hours. (iii) ]A student attending a summer session, which is not a regular [quarter or ]semester, is a special student for the purpose of this definition. ([5]4) Change of status. A person who registers and commences classes initially as a student but whose program is later curtailed for academic reasons, does not change status during that [quarter or ]semester to that of special student. ([6]5) Residence. A person whose domicile has been in the State of New York for a period of at least one year immediately preceding the time of registration for any period of attendance shall be a New York resident for the purpose of determining the tuition rate payable for such period. All other persons shall be presumed to be out-of-state residents for such purpose, unless domiciliary status is demonstrated in accordance with guidelines adopted by the Chancellor or designee. (b) [(1) Students enrolled in degree-granting undergraduate programs leading to an associate degree and nondegree granting programs of at least one regular academic term in duration which have been approved as eligible for tuition assistance program awards. Tuition (i) Students, New York State residents: $2,485 per semester or $1,657 per quarter. (vi) Students, out-of-state residents: $6,435 per semester or $4,290 per quarter. (vii) Special students, New York State residents: $207 per semester credit hour or $138 per quarter credit hour. (viii) Special students, out-of-state residents: $536 per semester credit hour or $358 per quarter credit hour. (ix) The president of a college of technology or a college of agriculture and technology may establish differing rates of tuition for the college for students enrolled in degree- granting programs leading to an associate degree and non-degree granting programs, with the approval of the chancellor or designee, based on considerations which may include but are not limited to time, location, cost, services provided, enrollment management and access, so long as such tuition rates do not exceed the tuition rates specified in this subdivision. (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. Tuition (i) Students, New York State residents: $2,485 per semester or $1,657 per quarter. (v) Students, out-of-state residents: $6,435 per semester or $4,290 per quarter. (vi) Special students, New York State residents: $207 per semester credit hour or $138 per quarter credit hour. (vii) Special students, out-of-state residents: $536 per semester credit hour or $358 per quarter credit hour except that for non-matriculated students (as defined in section 145-2.4 of this Title), the president of a State-operated institution may establish a differing tuition rate(s), with the approval of the chancellor or designee, in accordance with guidelines to be issued by the chancellor, provided that such tuition rate(s) does not exceed the rate specified in this paragraph and is not lower than 15 percent above the rate in subparagraph (iii) of this paragraph. Tuition and fees charged to such non-matriculated students shall be set to cover total direct instructional costs for such students. (c) (1) Students enrolled in graduate programs leading to a master's, doctor's or equivalent degree with the exception of those degrees set forth in paragraph (2) of this subdivision. Tuition (i) Students, New York State residents: $4,185 per semester or $2,790 per quarter. (v) Students, out-of-state residents: $6,625 per semester or $4,417 per quarter. (vi) Special students, New York State residents: $349 per semester credit hour or $233 per quarter credit hour. (vii) Special students, out-of-state residents: $552 per semester credit hour or $368 per quarter credit hour. (2) Students enrolled in graduate programs leading to a master of business administration degree (M.B.A.). Tuition (i) Students, New York State residents: $4,305 per semester or $2,870 per quarter. (ii) Students, out-of-state residents: $6,880 per semester or $4,587 per quarter. (iii) Special students, New York State residents: $359 per semester credit hour or $239 per quarter credit hour. (iv) Special students, out-of-state residents: $573 per semester credit hour or $382 per quarter credit hour. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. * * * * (d) Students enrolled in the professional program of pharmacy. Tuition (1) Students, New York State residents: $8,310 per semester or $5,540 per quarter. (2) Students, out-of-state residents: $14,375 per semester or $9,583 per quarter. (3) Special students, New York State residents: $693 per semester credit hour or $462 per quarter credit hour or equivalent. (4) Special students, out-of-state residents: $1,198 per semester credit hour or $799 per quarter credit hour or equivalent. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. * * * * (e) Students enrolled in the professional program of law (J.D. and LL.M). Tuition (1) Students, New York State residents: $8,005 per semester or $5,337 per quarter. (4) Students, out-of-state residents: $12,130 per semester or $8,087 per quarter. (5) Special students, New York State residents: $667 per semester credit hour or $445 per quarter credit hour or equivalent. (4) Special students, out-of-state residents: $1,011 per semester credit hour or $674 per quarter credit hour or equivalent. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. * * * * (f) Students enrolled in medicine programs. Tuition (1) Students, New York State residents: $11,400 per semester or $7,600 per quarter. (5) Students, out-of-state residents: $20,320 per semester or $13,547 per quarter. (6) Special students, New York State residents: $950 per semester credit hour or $633 per quarter credit hour or equivalent. (7) Special students, out-of-state residents: $1,693 per semester credit hour or $1,129 per quarter credit hour or equivalent. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. * * * * (g) Students enrolled in dentistry programs. Tuition (1) Students, New York State residents: $9,825 per semester or $6,550 per quarter. (5) Students, out-of-state residents: $19,710 per semester or $13,140 per quarter. (6) Special students, New York State residents: $819 per semester credit hour or $546 per quarter credit hour or equivalent. (7) Special students, out-of-state residents: $1,643 per semester credit hour or $1,095 per quarter credit hour or equivalent. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. (h) Students enrolled in the professional program of physical therapy and students enrolled in the doctor of nursing practice degree program. Tuition (1) Students, New York State residents: $6,925 per semester or $4,617 per quarter. (5) Students, out-of-state residents: $11,095 per semester or $7,397 per quarter. (6) Special students, New York State residents: $577 per semester credit hour or $385 per quarter credit hour or equivalent. (7) Special students, out-of-state residents: $925 per semester credit hour or $616 per quarter credit hour or equivalent. Credit Hour Equivalent The Chancellor shall determine the equivalent of a credit hour. (i) Students enrolled in optometry programs. Tuition (1) Students, New York State residents: $8,260 per semester or $5,507 per quarter. (5) Students, out-of-state residents: $15,860 per semester or $10,573 per quarter. (6) Special students, New York State residents: $688 per semester credit hour or $459 per quarter credit hour or equivalent. (7) Special students, out-of-state residents: $1,322 per semester credit hour or $881 per quarter credit hour or equivalent. The Chancellor shall determine the equivalent of a credit hour.] Tuition charges as listed in the following table for categories of students, terms and programs, and as modified, amplified or explained in footnotes 1 and 2 are effective with the 2010 Fall term and thereafter. Charge per Semester Charge per Semester credit hour 1 Special Students New York State residents Out-of-State residents New York State residents Out-of-State residents I. 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 $2,485 $6,690 $4,550 2 $207 $175 3 $558 $379 2 $175 3 II. 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 $2,485 $6,690 $207 $558 III. Students enrolled in graduate programs (other than Masters of Business Administration) leading to a Master�s, Doctor�s or equivalent degree $4,185 $6,890 $349 $574 IV. Students enrolled in a graduate program leading to a Masters of Business Administration (MBA) $4,690 $7,570 $391 $631 V. Students enrolled in the professional program of pharmacy $9,060 $17,250 $755 $1,438 VI. Students enrolled in the professional program of law $8,725 $14,555 $727 $1,213 VII. Students enrolled in the professional program of� medicine $12,425 $24,385 $1,035 $2,032 VIII. Students enrolled in the professional program of dentistry $10,710 $23,650 $893 $1,971 IX. Students enrolled in the professional program of physical therapy and doctor of nursing practice $7,550 $13,315 $629 $1,110 X. Students enrolled in the professional program of optometry $8,690 $16,685 $724 $1,390 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. ([j]c) Intercollegiate athletics fee. The chancellor, or designee, is authorized to approve the request of the chief administrative officer at a State-operated campus to establish a campus intercollegiate athletics fee and, thereafter, any increases to such fee. When approved, the fee shall be mandatory for all undergraduate students, and, if so provided for in the request, for all graduate students enrolled at that campus. A pro rata portion shall be paid by part-time students. The fee proceeds shall be deposited in an appropriate State University account, or may be paid to authorized campus foundation or auxiliary service corporation accounts for the purpose of operating the respective campus's division 1 intercollegiate athletics program or operating its intercollegiate athletics program during the transition period leading to division 1, in accordance with a contract subject to the approval of the Office of the State Comptroller, and shall be administered in accordance with State University policy. Any request to establish a campus intercollegiate athletics fee shall demonstrate campus support pursuant to a written consultative process prepared by the chief administrative officer which shall include a student referendum. The chief administrative officer shall assure equitable athletic opportunities are available in the campus intercollegiate athletics program to all qualified individuals. ([k]d) Health services fee. The chief administrative officer at each State-operated campus which operates student health services shall establish a health services fee with the approval of the Chancellor, or designee. The fee shall be established following approval by the Chancellor, or designee, of a three-year plan for funding student health services at each campus to be determined by campus location, enrollment and the level of health services required. When approved, the fee shall be assessed upon all students enrolled in undergraduate and graduate programs at the campus. A pro rata portion shall be paid by part-time students. In each plan the chief administrative officer shall identify categories of students who may be exempted from the fee if their courses of study do not permit access to the student health services available on campus. Any increases to the fee shall be approved by the Chancellor or designee. ([l]e) Notwithstanding anything contained in this section to the contrary, members of the Armed Forces of the United States on full-time active duty and stationed in New York State and their spouses and dependents, whether or not residents of New York State as defined in paragraph (a)([6]5) of this section, shall be charged tuition at the applicable resident student rate as set forth in this section. ([m]f) Time and method of payment; additional guidelines. The Chancellor, or designee, shall issue regulations concerning the time and method of payment of all fees included in this section, and shall issue such other guidelines as shall be necessary to implement the definitions, regulations and schedule of rates adopted herewith. Such regulations and guidelines shall provide that, except where otherwise authorized, no person shall receive credit or other official recognition for work completed satisfactorily, or be allowed to reregister, until all tuition, fees and all other charges authorized by State University have been paid, or university student loan obligations have been satisfied. (2010-161) 7. OTHER BUSINESS Chairman Hayden called upon Faculty Council President, Tina Good, who reported that they had their fall plenary at Corning Community College and the theme was the Power of Community Colleges. She also briefed the Board on the activities of the Faculty Council. Chairman Hayden said that the Public Hearing will be at 3:00 today in the Tiered Classroom. He stated that Trustee Stephen Hunt will serve as moderator and Trustees Joseph Belluck and Eunice Lewin will serve as hearing panel. Mr. Hayden also noted that Marti Ellermann will serve as hearing counsel. 8. ADJOURNMENT There being no further business, the Public meeting was adjourned at 2:27 p.m. -26- Board Minutes November 17, 2010 18 -45- Board Minutes November 17, 2010