BOARD OF TRUSTEES FOR FORT LEWIS COLLEGE December 6, 2013 Vallecito Room, Student Union Fort Lewis College

Vol. 13-97

Call to Order

Chair John Wells convened the regular meeting of the Board of Trustees for Fort Lewis College at 8:35 a.m.

Trustees Present:

John Wells, Chair; Peter Decker; Ernest House; Tom Schilling; Steve Short; Matt Wassam; Karen Wilde; Amy Wendland, Faculty Representative; and Alex Thompson, Student Representative

Staff Present:

Dene Thomas, President; Barbara Morris, Provost & Vice President for Academic Affairs; Steve Schwartz, Deputy Treasurer & Vice President for Finance and Administration; Glenna Witt Sexton, Vice President for Student Affairs; Michelle Merz-Hutchinson, Legal Counsel; Peggy Sharp, Deputy Secretary; and Mike Larson, Audio Consultant.

PUBLIC COMMENTS

John L. Smith, head men’s football coach, thanked the Board for their support and stated that while progress was made this year, he expects further improvement next season.

Michaela Steiner, a student representing a campus organization, Divest Now, reported briefly on the purpose and goals of this organization.

ACTION AGENDA – CONSENT:

Tom Schilling moved to approve the following minutes in the Consent Agenda, with a second by Peter Decker. Motion passed and the following minutes were approved:

Approval of Minutes of October 17, 2013 Meeting of the Academic & Student Affairs Committee

Approval of Minutes of October 17, 2013 Meeting of the Business Affairs Committee Approval of Minutes of October 18, 2013 Regular Meeting of the Board of Trustees for Fort Lewis College

Peter Decker moved for approval of the following two items on the Consent Agenda, with a second by Steve Short:

Approval of Degree Candidates for Fall Trimester, 2013

Approval of Recommendation for Sabbatical Leaves 2014-15

Matt Wassam stated that he would like to table the motion for approval of the recommendation for Sabbatical Leaves for 2014-05 until the February meeting. Discussion ensued regarding the timing of this recommendation and the need to prepare scheduling for the next academic year. Provost Morris stated that the academic administration will examine more closely the process for applications and will also require more substantive reporting

As a result of the suggestions and discussion, Steve Short moved that the Board of Trustees for Fort Lewis College approve the granting of specified degrees to those candidates completing the requirements at the end of the Fall Term, 2013. Ernest House seconded this motion. Motion passed unanimously.

Trustee Schilling moved that the Board of Trustees for Fort Lewis College approve the recommendations for 2014-15 for the faculty listed and that the Board instruct the Academic and Student Affairs Committee to review the process and recommend ways to improve the transparency so that the Board can meet their fiduciary responsibilities. Karen seconded. Motion passed with one opposing vote.

CHAIRMAN’S REPORT/ANNOUNCEMENTS

Chair Wells indicated there were no additions or changes to the planning calendar for 2013-14. He thanked the School of Business Administration for including the Trustees in last night’s annual banquet.

Committee Reports

Academic & Student Affairs Committee President Thomas reviewed the enrollment report presented at the committee meeting. Provost Morris summarized the report on the key performance indicators that align with the Academic Affairs strategic plan goals. She stated she will continue to report on the progress toward the goals. She further stated the report from the Credit Task Force has been received and will be discussed at the February Board meeting after the Trustees have had an opportunity to study the report. Vice President Sexton gave a brief description of the changes to the Equal Opportunity Policies and the discrimination procedures that are being made to comply with the Department of Education‘s policy under Title IX.

Business Affairs Committee Committee Chair Wassam gave a brief overview of the items discussed at the meeting. Steve Schwarz elaborated briefly on the issues addressed in the MOA between the Board of Trustees and the State Land Board. Discussion on how the Hesperus Fund is administered ensued. Mr. Schwartz also gave an overview of the Investment Policy Statement that was provided to the committee.

Nomination Sub-Committee Steve Short reported that the committee met via teleconference and arrived at a recommendation to have the current officers remain in their positions for the upcoming year. He indicated that each officer had been contacted and had agreed to serve in their current roles.

Foundation Liaison Trustee Short indicated that discussions have been occurring regarding the Marts & Lundy recommendations and the expectations concerning the comprehensive campaign. President Thomas stated the Marts & Lundy had recommended that staffing in the development office needed to be increased. She reviewed the new positions being proposed and the restructuring that will take place in the Foundation/Development area. President Thomas indicated the search committees for these positions will be formed in January. Further discussion ensued regarding the continued involvement of Marts & Lundy and related issues of the comprehensive campaign.

BREAK

Standing Reports

Faculty Representative Report Professor Amy Wendland reported that Faculty Senate has scheduled a special meeting to deal with proposed handbook changes. She further reported the Credit Task Force report was presented and accepted by the Faculty Senate. The faculty remains divided on this issue. She also reported that Justin McBrayer will be the new Faculty Representative and will assume his role in August. Professor Wendland emphasized that there are good faculty on this campus who work diligently on behalf of student success.

Student Representative Report Alex Thompson reported on the progress the ASFLC has made in their outreach to Registered Student Organization. He voiced support for the organization, “Divest Now” who advocates for divesting from investments in fossil fuel companies. He also expressed appreciation for the efforts to have gender neutral restroom options on campus. Alex also reported on the Colorado Student Government Coalition, which is a group of student body presidents who are working on behalf of all students in Colorado.

Fort Lewis College Foundation/Office of Development Report Chair Wells referenced the written report contained in the agenda packet. ACTION AGENDA – NON-CONSENT

Election of Officers

Steve Short stated the Nomination Sub-Committee recommends the following slate of officers for 2014:

John Wells, Chair Karen Wilde, Vice Chair Steve Short, Secretary/Treasurer

Tom Schilling moved to approve the committee’s recommendation. Matt Wassam seconded. Motion carried unanimously.

Memorandum of Agreement (MOA) Approval: An MOA by and between the Board of Trustees for Fort Lewis College (FLC), and the Colorado State Board of Land Commissioners (SBLC)

Peter Decker moved that the Board of Trustees for Fort Lewis College approve the MOA between FLC and the SBLC, in the form presented to the Board, and that the President be authorized hereby to execute the MOA on behalf of the Board of Trustees. Matt Wassam seconded. Motion passed unanimously.

Retroactive Approval of the Updated Terms and Conditions for the United States Postal Service Contract

Steve Schwartz indicated that the contract with the Postal Service contains an indemnification clause, which requires Board approval. Legal Counsel and the College’s Risk Manager concur that the risks to the institution are minimal.

Matt Wassam moved that the Board of Trustees for Fort Lewis College find and determine that the Updated Terms and Conditions in the attached United States Postal Service Contract (“Contract”) as presented serves the public purpose of Fort Lewis College and that the risks to the College associated with the indemnification provisions in the Contract are sufficiently limited and are outweighed by the benefits of the Contract; that the Board, therefore, retroactively approve the indemnification provisions in the contract. Tom Schilling seconded the motion. Motion passed unanimously.

Approval of Modification of Fort Lewis College Equal Opportunity Policies and Discrimination Grievance Procedures, and adoption of Sexual Misconduct Policy

Vice President Sexton reiterated that this action is necessary in order to be in compliance with the U.S. Department of Education policy until Title IX. Karen Wilde moved that the Board of Trustees for Fort Lewis College hereby approve the changes to the Equal Opportunity and Affirmative Action Policy, Discriminatory Harassment policy, Disability Anti-Discrimination Policy, and Discrimination Grievance Procedures and adopt the new Sexual Misconduct Policy. Ernest House seconded. Motion passed unanimously. Pre-Approval of FY 2014-15 Budget Request

In addition to the positions being requested for the Foundation/Development Office, a position of Copyright Librarian is also included in this request in order to stay in compliance with copyright law. Steve Short moved that the Board of Trustees for Fort Lewis College hereby pre-approve two FY 2014-15 budget requests to address compliance issues and consultant recommendations regarding development staffing. Karen Wilde seconded. Motion passed unanimously.

REPORT/DISCUSSION AGENDA

Report: Sabbatical Leaves Completed in Academic Year 2012-13

Provost Morris indicated that the she will work with the academic deans to improve the sabbatical report process. Chair Wells requested that the Board be provided a copy of the statues relating to sabbaticals and a copy of the policy via email prior to the February meeting.

Report: Office of Sponsored Research and Federal Relations

Angie Rochat, Director of the Office of Sponsored Research and Federal Relations, indicated that her report reflects the difficulty in obtaining grants since new money is not being allocated. She further stated that overall grant award value has dropped considerably. The sequestration and government shutdown has had a definite negative impact on the award programs. Ms. Rochat reported on the progress with the Native American Tuition waiver legislation and stated that we now have 41 co-sponsors on this bill. She also provided talking points for the Higher Education Act reauthorization for 2013.

PRESIDENT’S REPORT

 Marts & Lundy Update President Thomas indicated that an update was reviewed during the Foundation Liaison Report. She added that the Marts & Lundy staff will also be working with the Alumni Director to assist in improving alumni giving.

 Outlook for State Higher Education Funding President Thomas reported that she and Vice President Schwartz presented at the Capital Development Committee meeting earlier this month. The College’s only project is the Geosciences/Physics/Engineering building which is ranked #2 by CCHE. The funding of capital projects will depend on the state budget projects due on December 20. She stated that on December 12, she and Vice President Schwartz will attend the Joint Budget Committee hearing, along with any Trustees who are able to participate. Discussion ensued regarding the process in preparation for the hearings and issues that may affect funding.

 President’s Metrics and Institutional Metrics Copies of both were distributed. There were no questions.

OTHER BUSINESS

Ernest House reported on the status of Representative Joe Salazar’s bill, allowing Native American students who are indigenous to Colorado to attend any institution at the resident tuition rate. The newest version of the bill exempts Fort Lewis College from the legislation.

Discussion ensued concerning a proposal to increase the number of voting members from seven to nine, as well as seeking out-of-state members to the Board. Trustee House stated he had discussed his proposal to include at least one Native American member on the Board with Romaine Pacheco, Director of the Boards & Commissions Office. It appears this proposal would not require specification in statute but can be included in a document used for guiding the composition of governing Boards. However, a change in the number of members does require legislative action.

Tom Schilling moved that the Board direct Vice President Schwartz to begin discussions with the College’s lobbyist to seek legislation allowing two additional voting members on the Board, to develop a time line for introducing this legislation, and to report back to the Board chair. Peter Decker seconded this motion. Karen Wilde moved for an amendment to the motion to add a fiscal note to this report. This amendment was seconded by Peter Decker. The motion passed as amended.

President Thomas indicated that Tuesday, February 4, 2014 is the proposed date for hosting a legislative coffee in the Capitol similar to last year’s.

As a first step in creating the Investment Advisory Committee to the Board, Mr. Schwartz asked for Trustees to volunteer for the ad hoc committee who will work with Vice President Schwartz and Michele Peterson to seek and recommend financial community members who would serve on the Investment Advisory Committee. Tom Schilling and Matt Wassam volunteered.

Trustee Schilling moved that the Investment Advisory Committee become a special sub- committee of the Board. Peter Decker seconded. Motion passed.

Chair Wells will announce his committee appointments at the February meeting.

MEETING ADJORNED at 12:10 p.m.