January's BOT Information

11/16/2012 BOT 1

1:30 p.m. -

1. Roll Call

2. Approval of the Minutes of Previous Meeting

Will the Board of Trustees approve the minutes of the meeting of the Board held on September 14, 2012 and on October 26, 2012?

3. President's Report

2:30 p.m. -

4. Reports from Standing Committees

Discussion of action and/or information items by the Standing Committees for consideration by the Board of Trustees:

A. Committee on Academic Affairs and Student Life - Marianne E. Alexander, Chair

1) Discussion of Consent Agenda Items Provided for Information orApproval of the Committee on Academic Affairs and Student Life:

Information Items - a) Information on Undergraduate Programs b) Information on Graduate Programs

(See Appendix I)

2) Informational Report on Enrollment and Student Financial Aid

The annual informational report on Penn State's admissions, enrollment and financial aid, will be presented by Ms. Anne L. Rohrbach, Executive Director for Undergraduate Admissions, and Ms. Anna M. Griswold, Assistant Vice President for Undergraduate Education and Executive Director for Student Aid.

B. Committee on Audit and Risk - John P. Surma, Chair

C. Committee on Finance, Business and Capital Planning - Linda B. Strumpf, Chair

1) Discussion of Consent Agenda ItemsProvided for Information or Approval of the Committee on Finance, Business and Capital Planning:

Information Items -

a) Rider Building Utility and Roof Renovations, University Park b) Recreation Hall and Academic Activities Building Roof Replacement, University Park c) Seventh Floor Conversion to Adult Beds, The Milton S. Hershey Medical Center d) East Addition Air Handler and Roof Replacement, The Milton S. Hershey Medical Center 11/16/2012 BOT 2

4. Reports from Standing Committees (Continued)

C. Committee on Finance, Business and Capital Planning (Continued)

1) Discussion of Consent Agenda Items Provided for Information or Approval of the Committee on Finance, Business and Capital Planning: (Continued)

Information Items - (Continued)

e) Wastewater Treatment Plant Upgrade, Penn State Wilkes-Barre f) Naming of Rooms, Portions of Buildings, and Plazas g) Sale of Gifted Property at 237 Beartown Road, Monterey, Massachusetts h) Status of Major Construction Programs and Borrowing i) Conflict of Interest Disclosure

Action Items -

j) Summary of Revisions to Existing Scholarships, Fellowships, etc. k) Acknowledgment of Endowments and Other Major Commitments

(See Appendix II)

2) Conflict of Interest - Amendment of Memorandum of Agreement to Support a Visiting Scientist with SilcoTek Corporation

The Bylaws of the University, Article 6(1), provide that, "No member of the Board of Trustees, any member's spouse or any corporation, partnership, association or other organization in which one or more members of the Board of Trustees, or any member's spouse or dependent child has a beneficial ownership of ten (10%) percent or more, shall enter into any contract or transaction valued at $10,000 or more with the University unless the contract has been awarded through an open and public bidding process, in accordance with University Purchasing Policy, or has been fully disclosed to the Board of Trustees and approved by the affirmative votes of a majority of the disinterested members of the Board of Trustees. Full disclosure shall mean disclosure of the material facts as to the relationship or interest of the member or members of the Board of Trustees, or spouse or dependent child of such member or members, and disclosure of the material facts as to the contract or transaction, including a sole source justification. Approval by a majority of disinterested members of the Board of Trustees shall be valid even though the disinterested members are less than a quorum. The member or members interested in the contract or transaction may be counted in determining the presence of a quorum, may briefly state a position on the contract or transaction, and may answer pertinent questions concerning the contract or transaction, but such member or members shall not vote on the matter. The minutes of the meeting shall reflect that disclosure was made, the abstention from voting by the interested member or members and the approval by a majority of disinterested members. A record of such contracts or transactions shall be maintained in the office of the senior vice president for finance and business and shall be available for inspection by members of the Board of Trustees." 11/16/2012 BOT 3

4. Reports from Standing Committees (Continued)

C. Committee on Finance, Business and Capital Planning (Continued)

2) Conflict of Interest - Amendment of Memorandum of Agreement to Support a Visiting Scientist with SilcoTek Corporation (Continued)

Trustee Paul Silvis has a beneficial ownership of more than 10 percent of SilcoTek Corporation (the sponsor). In November 2011, the Board of Trustees approved extending an agreement between the University, through the Office of Sponsored Programs, to support a visiting scientist with the sponsor. The sponsor agreed to support and participate in the development of fundamental research in fields having an impact relevant to the sponsor's and the University's mutual interest and has agreed to send an employee to the University as a visiting scientist to further his/her experience in the fields at the Materials Research Institute. The sponsor provided support to the University in the amount of $24,000 for during the first year to support the visiting scientist. Because there was a significant balance remaining of the $24,000 payment, the agreement was extended for one year without additional costs. Having just completed the second year, and recognizing that a balance still remains, it is now proposed to extend the period of performance for two additional years at no additional cost.

Will the Committee on Finance, Business, and Capital Planning recommend to the Board of Trustees adoption of the following resolution:

WHEREAS, in January 2011, the Board of Trustees ratified the memorandum of agreement to support a visiting scientist between SilcoTek Corporation (the sponsor) and the University to provide financial support to the visiting scientist in Materials Research Institute identified by the sponsor for a period of one year in the amount of $24,000, and

WHEREAS, in November 2011, The Board of Trustees approved extending the memorandum of agreement to support a visiting scientist between SilcoTek Corporation (the sponsor) and the University for an additional year, and

WHEREAS, it is desired to extend the period of performance for two additional years with no cost extension,

RESOLVED, that the proposed amendment to the memorandum of agreement to extend the period of performance for two additional years is approved.

3) Conflict of Interest - Ratification of Transaction with the Mt. Nittany Inn

4. Reports from Standing Committees (Continued)

C. Committee on Finance, Business and Capital Planning (Continued)

3) Conflict of Interest - Ratificatio n of Transaction with the Mt. Nittany Inn (Continued)

or members of the Board of Trustees, or spouse or dependent child of such member or members, and disclosure of the material facts as to the contract or transaction, including a sole source justification. Approval by a majority of disinterested members of the Board of Trustees shall be valid even though the disinterested members are less than a quorum. The member or members interested in the contract or transaction may be counted in determining the presence of a quorum, may briefly state a position on the contract or transaction, and may answer pertinent questions concerning the contract or transaction, but such member or members shall not vote on the matter. The minutes of the meeting shall reflect that disclosure was made, the abstention from voting by the interested member or members and the approval by a majority of disinterested members. A record of such contracts or transactions shall be maintained in the office of the senior vice president for finance and business and shall be available for inspection by members of the Board of Trustees."

The spouse of Trustee Paul Silvis has a beneficial ownership of more than 10 percent of the Mount Nittany Inn.

University Outreach hosted a fund raising event to support the third annual WPSU Wine Festival at the Mt. Nittany Inn in September 2011, with proceeds benefitting WPSU-FM. The cost of the event was $14,414.93. As this transaction value is greater than $10,000, ratification of the transaction by the Board of Trustees is required.

Will the Committee on Finance, Business, and Capital Planning recommend to the Board of Trustees adoption of the following resolution:

RESOLVED, That the transaction whereby the University has paid for event-related expenses for the 2011 WPSU Wine Festival to the Mount Nittany Inn for a cost of $14,414.93 is ratified.

4) Proposed Final Plans and Authorization to Aw ard Contracts, Old Main Renovations, University Park

Old Main is an historic icon and is one of the most recognized symbols of Penn State. It was designed in 1929 by Charles Klauder, a nationally recognized architect of academic buildings. It is widely considered one of his finest works. Old Main was added to the National Registry of Historic Places in 1981.

The majority of Klauder's original design is still intact today, due to the University's careful maintenance and appreciation for the building's design excellence. However, over the past 82 years, normal wear and deterioration, as well as necessary renovations to accommodate changes in use, have compromised preservation of some of the building's original features. Utility infrastructure replacements and upgrades are necessary now to avoid critical failures in the building's heating and plumbing systems. Inadequate temperature and humidity control in the lobby has been the main source of long-term deterioration to the frescoes. 11/16/2012 BOT 5

4. Reports from Standing Committees (Continued)

C. Committee on Finance, Business and Capital Planning (Continued)

4) Proposed Final Plans and Authorization to Aw ard Contracts, Old Main Renovations, University Park (Continued)

The University intends to complete renovations to Old Main's infrastructure and architecture in the most thoughtful and informed manner. To that end, a master plan and implementation strategy was completed to direct a phased renovation of the building. This first phase includes renovation to the lobby, conservation of the frescoes, plumbing upgrades, and replacement of the perimeter heat system. The main lobby will be temperature and humidity controlled to preserve the frescoes.

Will the Committee on Finance, Business and Capital Planning recommend to the Board of Trustees adoption of the following resolutions:

RESOLVED, That the final plans for the Old Main Renovations, University Park, as designed by the firm of Ann Beha Architects of Boston, Massachusetts, are approved.

FURTHER BE IT RESOLVED, That authorization to award contracts to construct the project be approved at a cost of $11,000,000.

5) Proposed Final Plans and Authorization to Aw ard Contracts, West Campus Steam Plant Modifications, University Park

Over the last few years, the University has studied and discussed options for complying with upcoming regulatory changes while addressing the age and capacity of the campus steam plants, long-term cost implications, and our commitment to meeting our sustainability goals.

After considering all variables, the most viable solution to continue to heat the campus is to convert our coal-fired steam production systems to burn natural gas.

The scope of the work includes modifications to the West Campus Steam Plant to accommodate two new gas-fired boilers, demolition of the stack and baghouse, and the addition of a building to house relocated offices, shops, and storage spaces.

Columbia Gas of Pennsylvania will upgrade its natural gas service to the West Campus Steam Plant to accommodate the increase in natural gas demand. This will be achieved via a thirty year non-exclusive capital lease between Columbia Gas and The Pennsylvania State University.

The total project amount to modify the West Campus Steam Plant and to ensure the appropriate supply of natural gas is $48,300,000.

Will the Committee on Finance, Business and Capital Planning recommend to the Board of Trustees adoption of the following resolutions:

WHEREAS, The Board of Trustees wish to convert the West Campus Steam Plant from burning coal to gas, 11/16/2012 BOT 6

4. Reports from Standing Committees (Continued)

C. Committee on Finance, Business and Capital Planning (Continued)

5) Proposed Final Plans and Authorization to Aw ard Contracts, West Campus Steam Plant Modifications, University Park (Continued)

RESOLVED, That the final plans for the West Campus Steam Plant Modifications, University Park, as designed by the firm of Burns and McDonnell of St. Louis, Missouri, are approved.

FURTHER BE IT RESOLVED, That authorization to enter into a thirty year contract with Columbia Gas of Pennsylvania, Inc. to provide natural gas service to the West Campus Steam Plant be approved.

FURTHER BE IT RESOLVED, That authorization to award contracts to modify the West Campus Steam Plant and to ensure the appropriate supply of natural gas be approved at a cost of $48,300,000.

6) Proposed Final Plans and Authorization toAward Contracts, Health and Human Development Building, University Park

The University is planning to improve and expand the facilities for the College of Health and Human Development by constructing a new 77,800 square foot building and renovating 34,700 square feet of the existing Henderson South building. This is the second phase of an overall project to consolidate several of the College's research centers into new facilities located in close proximity to the College's academic departments and programs. The first phase is the soon-to-be completed Biobehavioral Health Building.

The project includes classrooms and instructional spaces, a relocation of the dean's office, academic department and research center spaces, new entrances, and event spaces.

Will the Committee on Finance, Business and Capital Planning recommend to the Board of Trustees adoption of the following resolutions:

RESOLVED, That the final plans for the Health and Human Development Building at University Park, as designed by the firm of Bohlin Cywinski Jackson of Wilkes-Barre, Pennsylvania, are approved.

FURTHER BE IT RESOLVED, That authorization to award contracts to construct the project be approved at a cost of $58,500,000. 11/16/2012 BOT 7

4. Reports from Standing Committees (Continued)

C. Committee on Finance, Business and Capital Planning (Continued)

7) Proposed Final Plans and Authorization to Aw ard Contracts, Recreation Hall Gymnasium Air Conditioning, University Park

There is currently no air conditioning in the main gymnasium in Recreation Hall. Events held during hot weather are very uncomfortable and doors to the outside are propped open. During the most humid days of summer the gym floor buckles, which damages the floor. Policy AD73 restricts access to recreational facilities to individuals with valid University student or faculty/staff/retiree identification cards. This restricted access requires that the doors remain closed. The University intends to air condition the main gymnasium to rectify and accommodate these needs.

Will the Committee on Finance, Business and Capital Planning recommend to the Board of Trustees adoption of the following resolutions:

RESOLVED, That the final plans for the Recreation Hall Main Gymnasium Air Conditioning, University Park, as designed by the firm of Altieri Sebor Weiber of Norwalk, Connecticut, are approved.

FURTHER BE IT RESOLVED, That authorization to award contracts to construct the project be approved at a cost of $5,500,000.

8) Report on Audited Financial Statements

Comments about the University's Audited Financial Statements will be made by Joseph J. Doncsecz, Associate Vice President for Finance and Corporate Controller. A representative from Deloitte & Touche will also be in attendance at the meeting.

(Copies of the Audited Financial Statements will be mailed to Trustees under separate cover.)

9) Informational Report on 2012 Senior Class Gift - Nittany Lion Shrine Historical Display and Beautification

An informational report on the 2012 Senior Class Gift will be presented at the meeting.

10) Photo Report on Selected Construction Projects

A photo report on the progress of selected construction projects will be presented at the meeting. 11/16/2012 BOT 8

D. Committee on Governance and Long-Range Planning - James S. Broadhurst, Chair

1) Resolutions for Consideration by the Board of Trustees Authorizing the Establishment of the Trustee Presidential Selection Council

Will the Committee on Governance and Long-Range Planning recommend to the Board of Trustees adoption of the following resolutions:

RESOLVED, That the Board of Trustees authorizes the establishment of a Trustee Presidential Selection Council to serve until the new President of The Pennsylvania State University assumes office; and

FURTHER RESOLVED, That the Trustee Presidential Selection Council be authorized to develop and implement the necessary criteria and procedures to ensure breadth, equal opportunity, timeliness, confidentiality, and appropriate University community involvement in the search process; and to recommend to the Board of Trustees an individual for appointment to the position of President of The Pennsylvania State University to assume office no later than July 1, 2014.

E. Committee on Legal and Compliance - Keith W. Eckel, Chair

1) Code of Conduct for Athletics

In late August, Penn State reached agreement with the National Collegiate Athletics Association (NCAA) and the Big Ten Conference on the terms of the Athletics Integrity Agreement (AIA) required under the Consent Decree. The AIA provides for the establishment of a program by the University that includes the adoption of the recommendations contained in Section 5.0 of the Freeh Report and the appointment of an Athletics Integrity Officer and Athletics Integrity Council. The AIA also includes internal and external accountability measures and certifications; implementation or updating of a Code of Conduct for Athletics; training and education; and a disclosure program.

Individuals covered under the AIA are all student-athletes who participate on any University NCAA-sanctioned intercollegiate athletics team; all coaches and all managers of any of the University's NCAA-sanctioned intercollegiate athletics teams; all University staff and other University employees who are directly involved with any of the University's NCAA-sanctioned intercollegiate athletics teams; the University's Board of Trustees individually and collectively (the "Board of Trustees"); the President of the University; and all members of the Athletics Director's Executive Committee.

The AIA provides that within 120 days after the Effective Date (August 29, 2012), the University shall develop (or update), implement, and distribute a written Code of Conduct for Athletics to all Covered Persons. The Code of Conduct shall, at a minimum, set forth in sufficient and appropriate detail:

a. The promotion of, and adherence to, the Code of Conduct is an element in evaluating the performance of all coaches and staff. 11/16/2012 BOT 9

b. The Athletics Department's commitment to full compliance with the NCAA Constitution and Bylaws, and the Big Ten Handbook, and the principles regarding institutional control, responsibility, ethical conduct, and integrity reflected in the NCAA Constitution and Bylaws, and the Big Ten Handbook. c. The Athletics Department's requirement that all Covered Persons shall be expected to comply with the NCAA Constitution and Bylaws and the Big Ten Handbook, the principles regarding institutional control, responsibility, ethical conduct, and integrity reflected in the NCAA Constitution and Bylaws and the Big Ten Handbook, and the Athletics Department's own Policies and Procedures. d. The requirement that all Covered Persons must report suspected violations of the NCAA's rules and the Big Ten's rules or the Athletics Department's own policies and procedures, or other conduct that has a reasonable risk of undermining the University's commitment to principles of civility, integrity, and ethical conduct in its Athletics Department, to the Athletics Integrity Officer or through another official reporting mechanism (e.g., a hotline). e. The right of individuals to use the Disclosure Program described in Section III.E, and the University and the Athletics Department's commitment to non-retaliation and to maintain, as appropriate, confidentiality and anonymity with respect to such disclosure.

Within 30 days from the promulgation of the Code of Conduct each Covered Person shall certify, in writing, that he or she has received, read, and understood and shall abide by the Athletics Department's Code of Conduct. New Covered Persons shall receive the Code of Conduct and shall complete the required certification with in 30 days after becoming a Covered Person or within 150 days after the Effective Date, whichever is later.

The University shall periodically review the Code of Conduct to determine if revisions are appropriate and shall make necessary revisions based on such review. Any revised Code of Conduct shall be distributed with in 30 days after any revisions are finalized. Each Covered Person shall certify, in writing, that he or she has received, read, understood, and shall abide by the revised Code of Conduct within 30 days after the distribution of the revised Code of Conduct.

If any individual Covered Person does not provide certification for either the original or a revised Code of Conduct, the University shall not be in breach of this AIA if it undertakes best efforts to obtain such certification and submits in writing to the NCAA and the Big Ten the efforts that it undertook and the reasons the individual refused to certify, if any are provided after best efforts, which includes an inquiry to the individual refusing to comply.

Information regarding the Code of Conduct is being developed and will be reviewed with the Committee on Legal and Compliance. The Code of Conduct will be distributed to the Board of Trustees as soon as practicable and another resolution providing for its adoption will be presented at the meeting.

RESOLVED, That the Board of Trustees approves the Code of Conduct for Intercollegiate Athletics substantially in the form attached with such changes as may be approved by the President and the Athletic Integrity Council.

(See Appendix I) 11/16/2012 BOT 10

F. Committee on Outreach, Development and Community Relations - Mark H. Dambly, Chair

3:15 p.m. -

5. Public Comment

6. Legal Matters

Stephen S. Dunham, Vice President and General Counsel, will present an informational report on University legal matters and/or policies normally considered by a Standing Committee of the Board.

7. Proposed Appointment of a Screening Committee for the Distinguished Alumni Award

Will the Board of Trustees authorize the Chairman of the Board to appoint a committee to screen all nominees for the Distinguished Alumni Award, and present a slate at the January 2013 meeting?

8. Recommendation for Approval to Grant Honorary Degree

Will the Board of Trustees approve the following resolution:

RESOLVED, that the Board of Trustees approves the granting of the Honorary Doctorate of Science to Dr. Mildred Dresselhaus at an upcoming commencement ceremony.

9. Announcements by the Chairman of the Board of Trustees 11/16/2012 - Consent Agenda AA&SL

1. Information on Undergraduate Programs

A. College of Agricultural Sciences

1) Bachelor of Science in Plant Sciences and Agroecology Option, Crop Production Option, Horticulture Option and Plant Science Option: New Major and New Options

The new major is an applied biological science program designed for students who are seeking careers in: agronomic and horticultural crop production systems and enterprise management; agroecology; sustainable, organic managed and natural ecosystems; and plant biotechnology. The new major and options will become effective Summer Session 2013.

B. College of Earth and Mineral Sciences

1) Ceramic Science and Engineering Option, Electronic and Photonic Materials Option, Metals Science and Engineering Option and Polymer Science and Engineering Option in the Bachelor of Science in Materials Science and Engineering: Drop of Options

The curriculum is being restructured and all the options will be dropped. The major will be maintained. Students currently enrolled will be able to complete their option. No faculty will be affected. The options will be dropped effective Summer Session 2013.

C. College of the Liberal Arts

1) Business/Public Administration Option in the Bachelor of Science in Criminology: Change in Name from the Business Option

The name of the option is being changed to reflect the curricular and content changes of the program. The name change will become effective Spring 2013.

2. Information on Graduate Programs

A. Master of Science (M.S.) Degree in Counselor of Education in the College of Education: Drop of Degree

The proposal to drop the Master of Science (M.S.) degree in Counselor of Education in the College of Education was approved by the Graduate Council at its September 19, 2012 meeting.

The degree has had minimal to no enrollment over the past 10 years, while the M.Ed. degree in Counselor Education has had consistently strong and growing enrollment. In addition to our own judgment to cancel the M.S. degree, the Academic Program and Administrative Services Core Council has also supported this move in their recommendations to the College of Education.

B. Instructional Systems Graduate Program in the College of Education: Change of Name to Learning, Design, and Technology

The proposal to change the name of the graduate program in Instructional Systems to Learning, Design, and Technology in the College of Education was approved by the Graduate Council at its September 19, 2012 meeting.

The program's graduate faculty view the Instructional Systems (INSYS) name as dated, and one with more traditional and narrow meanings. The name Learning, Design, and Technology (LDT) more accurately represents faculty's focus on research and practice and indicated an approach observable at similar programs around the country. The selected name will assist in the competition for grants and to recruit students interested in contemporary directions in the field. LDT reflects more contemporary conceptions of the field and promotes visibility in professional circles and with prospective students. The new name will help attract and retain top-quality students as curricular focus emphasizing relevant theoretical and methodological experiences is developed.

(Appendix I) - 1 - 11/16/2012 - Consent Agenda AA&SL

C. Master of Science (M.S.) Degree Program in Nursing in the School of Nursing: Change in Requirements; and Master of Science Nursing (M.S.N.) Degree in Nursing: New Degree and New Option

The proposal to change the requirements for the Master of Science (M.S.) degree program in Nursing, including the dropping of the six existing options (Family Nurse Practitioner, Adult Gerontology Primary Care Nurse Practitioner, Adult Gerontology Acute Care Nurse Practitioner, Clinical Nurse Specialist, Nurse Educator, and Nurse Administrator) from this degree, and to create a new degree, the Master of Science Nursing (M.S.N.) degree in nursing, to which the six options will be added was approved by the Graduate Council at its September 19, 2012 meeting.

The revised M.S. degree program is meant to strengthen the requirements for the academic degree. The program is designed to have a strong research base and will position students for doctoral education. At the same time, the related M.S.N. degree program proposal incorporates the more professionally oriented facets of the existing M.S. degree program, which are more appropriate for the M.S.N. degree program. The new degree is being added to the School of Nursing Graduate Program to reflect both national standards for advanced nursing degrees and the change in focus of the Penn State School of Nursing's mater's program since the program's inception nearly 40 years ago.

(Appendix I) - 2 - 11/16/2012 - Consent Agenda FB&CP

1. Rider Building Utility and Roof Renovations, University Park

The University intends to replace the leaking, twenty-two year old ballasted rubber roof on the Rider Building with a cold applied built up roof. This work will be coordinated with the redesign and replacement of much of the roof mounted heating and cooling equipment. The cost estimate for this project is $2,400,000.

(See Appendix II.1)

2. Recreation Hall and Academics Activities Building Roof Replacement, University Park

The roofs on the Academic Activities Building and sections 3 & 4 of Recreation Hall are nearly thirty years old and reaching the end of their useful lives. The University intends to replace the existing ballasted rubber roofs on Academic Activities Building and Recreation Hall section 3 with a cold applied built up roof with new insulation. The existing protected roof on section 4 of Recreation Hall will also receive a cold applied built up rubber roof with new insulation. The cost estimate for this project is $1,635,000.

(See Appendix II.2)

3. Seventh Floor Conversion to Adult Beds, The Milton S. Hershey Medical Center

The existing pediatric patient rooms on the 7th floor of the main hospital will be converted to adult patient beds after the Penn State Hershey Children's Hospital is occupied. A new nurse's station will be constructed in the south wing. Finishes in the east, west, and remainder of the south patient wings will be refurbished. Two specific areas of the north wing will be refurbished. The project scope also includes minor systems upgrades while the areas are unoccupied. Approximately 18,545 square feet of space are included in the project. The cost estimate for this project is $2,547,000.

(See Appendix II.3)

4. East Addition Air Handler and Roof Replacement, The Milton S. Hershey Medical Center

The East Addition Air Handler will be replaced to provide additional capacity to serve both the existing second floor Surgical Intensive Care Unit as well as approximately 5,000 square feet of new first floor space acquired when the canopy area between the existing main building and the new Penn State Hershey Children's Hospital were enclosed. A portion of the East Addition Building roof will be replaced as part of this project. The remainder of the roof was replaced last year. The cost estimate for this project is $2,064,100.

(See Appendix II.4)

5. Wastewater Treatment Plant Upgrade, Penn State Wilkes-Barre

The University is planning to upgrade the forty year-old wastewater treatment plant at Penn State Wilkes-Barre in order to serve the campus needs today and over the next twenty years. The facility suffers from major changes in flow and organic loading due to large swings in student and staff populations throughout the calendar year. An engineering study completed this year highly recommended a conversion from the current biological and extended air treatment facility to a membrane bio-reactor plant. This type of plant requires minimal operator involvement and training. Its more compact profile can be easily retrofitted into the existing plant with minimal structural changes. The existing aeration tanks will be converted to equalization capacity that will help immensely to moderate and buffer the changes in flow and organic limits. The cost estimate for this project is $1,800,000.

(See Appendix II.5)

(Appendix II) - 1 - 11/16/2012 - Consent Agenda FB&CP

6. Naming of Rooms, Portions of Buildings and Plazas

The Facilities Naming Committee has made certain recommendations to the President on the naming of rooms, portions of buildings and plazas. In accordance with the Policy on Naming University Facilities, the Board of Trustees is hereby informed that the President has approved the following naming actions:

A. Name the Lewis Katz Hall Commons 113 in recognition of a gift from William and Dianne Kollas. The recognition plaque should read:

William C. Kollas '59 and Dianne L. Kollas Lobby Given in loving memory of our parents, who encouraged giving

B. Name the following spaces within Trickett Hall, Carlisle:

1) Faculty Office 211,Trickett Hall, in recognition of a gift from the Honorable Sylvia H. Rambo. The plaque should read:

The Honorable Sylvia H. Rambo '62 Faculty Office

2) Faculty Office 205, Trickett Hall, in recognition of a gift from the Honorable Helen S. Balick and the Honorable Bernard Balick. The plaque should read:

The Honorable Bernard Balick '66 and The Honorable Helen S. Balick '66 Faculty Office

3) Faculty Office 244, Trickett Hall, in recognition of a gift from the late Honorable John B. Hannum Sr. and family. The plaque should read:

The Honorable John B. Hannum Sr. '41 Faculty Office John B. Hannum Jr. '73 Richard Penn Smith Hannum '74

4) Faculty Office 238, Trickett Hall, in recognition of a gift from Dale F. Shughart. The plaque should read:

Dale F. Shughart Jr. '74 Faculty Office

C. Name the Administrator's Office, Room 202A, Lasch Building in recognition of a commitment from Suzanne M. Lord. The plaque should read:

Suzanne M. Lord Administrator's Office

D. Name the following spaces within Pegula Ice Arena:

1) Cardio Room, Pegula Ice Arena, in recognition of a commitment from Barry and Faith Pennypacker. The plaque should read:

Adam and Amanda Pennypacker Cardio Room

(Appendix II) - 2 - 11/16/2012 - Consent Agenda FB&CP

6. Naming of Rooms, Portions of Buildings and Plazas (Continued)

D. Name the following spaces within Pegula Ice Arena: (Continued)

2) The Women's Director of Operations Office, Pegula Ice Arena, in recognition of a commitment from an anonymous donor. The plaque should read:

Loyal Nittany Lion Club Member Women's Director of Operations Office

3) The Home Team Bench, Pegula Ice Arena, in recognition of a commitment from the Ray Lombra family. The plaque should read:

The Lombra Family Home Team Bench

E. Name 42 spaces within the Penn State Children's Hospital as attached.

(See Appendix II.6)

7. Sale of Gifted Property at 237 Beartown Mountain Road, Monterey, Massachusetts

Standing Order V., Paragraph (4)(d) provides that "Proceeds from the sale of land and other real estate gifted to the University for the express purpose of sale," are to be reported to the Board of Trustees for information. The Board of Trustees is advised of the following property transactions:

In September 2011, the University was gifted a 3 acre, 1 ½ story residential property located at 237 Beartown Mountain Road, Monterey, Berkshire County, from Seldon V. and Susan G. Whitaker. As terms of the gift do not obligate the University to retain the property and the University has no use for the property, the University sold the property in September 2012 to Raymond & Anastasia Coulombe for $185,000. As directed by the Whitakers, net sale proceeds will fund the Laura Richardson Whitaker Endowment and Laura Richardson Whitaker Memorial Award in Women's Studies.

(See Appendix II.7)

8. Status of Major Construction Programs and Borrowing

(See Appendix II.8)

9. Conflict of Interest Disclosure

The Bylaws of the University, Article 6(1)(a)2, require that contracts or transactions valued at less than $10,000 between the University and one or more members of the Board of Trustees, or any member's spouse, or between the University and any other corporation, partnership, association or organization in which one or more members of the Board, or any member's spouse or dependent child shall be subject to disclosure, but shall not be subject to bidding requirements and need not be approved by the Board of Trustees. Disclosure of such contracts and transactions is to be made annually by written report to the Board of Trustees. Appendix II.9 is a disclosure list of such contracts and transactions between the University and members of the Board of Trustees for the 2011-2012 fiscal year. The Officers of the University certify that the contracts and transactions were made in the normal course of business and were fair to the University.

(See Appendix II.9)

(Appendix II) - 3 - 11/16/2012 - Consent Agenda FB&CP

10. Summary of Revisions to Existing Scholarships, Fellowships, Etc. (For the period August 20, 2012 to October 19, 2012)

Will the Committee on Finance, Business and Capital Planning recommend to the Board of Trustees adoption of the following resolution:

RESOLVED, That the conditions governing certain existing scholarships, fellowships, awards, and similar funds previously established at the University be revoked and that the Officers of the University are authorized to put into effect the revised regulations as requested by the donors.

11. Acknowledgements of Endowments and Other Major Commitments

The Committee on Finance, Business and Capital Planning is advised that for the period August 20, 2012, through October 19, 2012, 33 new funds totaling approximately $1,178,283 were accepted by the University, including scholarships, fellowships, etc. All of these items conform to established University policies and regulations.

For the period July 1, 2012 through August 31, 2012, 39 major commitments were accepted by the University totaling approximately $25,049,326.

Will the Committee on Finance, Business and Capital Planning recommend to the Board of Trustees adoption of the following resolutions:

RESOLVED, That the Board of Trustees gratefully acknowledges the generous contributions of the many friends of the University in support of endowments, funds, and other major commitments as reported to the Committee on Finance and Physical Plant at its meeting of November 16, 2012.

FURTHER BE IT RESOLVED, That the Officers of the University are authorized to convey the Board's appreciation to these generous benefactors who provide opportunities for many students to receive a quality education.

(Appendix II) - 4 -

11/16/2012 FB&CP

Beaver Avenue Beaver

College Avenue College Pollock Road Pollock

Rider Building

Burrowes Road Burrowes Atherton Street Atherton N University Park

(Appendix II.1) -1- 11/16/2012 FB&CP

University Drive Hastings Road Hastings Building Bigler Road

Academic Activities

Pollock Road Pollock

Curtin Road Curtin

Park Avenue Park College Avenue College

Recreation Hall Burrowes Road Burrowes N Atherton Street University Park

(Appendix II.2) -1-

11/16/2012 FB&CP

13 20

7 5

Roof Replacements

Atherton Street Atherton

1 23 Recreation Hall Roof Sections Hall Roof Recreation N University Park

(Appendix II.2) -2- The Milton S. Hershey Medical Center 11/16/2012

N -1- II.3) (Appendix North Entry North Entry FB&CP

Cancer Cancer Institute Hospital Hospital Institute 7th Floor Project Areas

Children’s Children’s Parking Garage Parking Garage Phase I Phase I Hospital Hospital

Parking Garage Parking Garage Phase II Phase II

UPC UPC South Garage South Garage

11/6/09 11/16/2012 FB&CP 7th Floor Project Areas N The Milton S. Hershey Medical Center

(Appendix II.3) -2- The Milton S. Hershey Medical Center 11/16/2012

N -1- II.4) (Appendix North Entry North Entry FB&CP

Cancer Cancer Institute Hospital Hospital Institute Roof Replacement

Children’s Children’s Parking Garage Parking Garage Phase I Phase I Hospital Hospital

Parking Garage Parking Garage Phase II Phase II

UPC UPC South Garage South Garage

11/6/09 The Milton S. Hershey Medical Center 11/16/2012

N EXIST. EXHAUST FAN

PIPING IN CEILING OF SECOND EXIST. FLOOR EXIST. EXHAUST FAN EXHAUST FAN BELOW

NEW GALV STL GUARDRAIL EXIST. ROOF ANCHORED TO EXISTING DRAIN STUBS (TYP.) PARAPET EXIST. ROOF 10'-0" (MIN.) DRAIN -2- (Appendix II.4)

PROJECT NEW AREA LINE CRICKET FB&CP

Project Area

EXIST. ROOF DRAIN

10'-0" (MIN) NEW AC-118 ON MANUFACTURED ROOF TOP CURB. UPON COMPLETION, REPAIR ROOF SO AS TO PROVIDE A CANTILEVERED STAIR WATERTIGHT CONDITION. SEE MECH ASSEMBLY ATTACHED TO NEW DWGS FOR FURTHER INFO. UNIT (NO ROOF CONTACT, TYP.) EXIST. EXHAUST FAN

VENT PIPE EXTENSION (TYP OF 4 LOCATIONS). SEE MECH DWGS FOR FURTHER INFO.

PROVIDE ROOF WALKWAY PADS TO EXIST. ROOF NEAREST ADJACENT WALKWAY PATH DRAIN 11/16/2012 FB&CP

N LANE

LIO

TISREVIN

N S

79 N E

AD 79

IP RO

TOWNSHIPTOW RO

Lion

Nittany

R D D

YN GHAM LANE

N A TTI

CONY N Wastewater Treatment Plant

ICE DRIVE V SER N Penn State Wilkes-Barre

(Appendix II.5) -1- DESCRIPTION OF SPACE ROOM NUMBER DONOR NAME NAMED SPACE/OFFICIAL FB&CP PLAQUE WORDING 11/16/2012 Wind Sculptures/front landscaping/benches Jeanne & Edward H. Arnold *see courtyard garden designation below 1st Floor Learning Wall P1300 PNC Foundation PNC Learning Wall Child & Family Resource Center P1305 PNC Foundation PNC Child and Family Resource Center Child Safety Store P1305E The Hershey Company Made possible by the generosity of The Hershey Company Sibling Play Area P1305B Friends of Mia Made possible by the generosity of Friends of Mia R. Smith Seating Area Outside Family Resource Center P1200B Shirley & Robert Fortinsky Shirley and Robert Fortinsky Waiting Area Atrium & Performing Arts Space P1200 Jeanne & Edward H. Arnold Jeanne and Edward Arnold Atrium and Performing Arts Center Conference Center 1: P1106/1106A Rocco & Robert Ortenzio Break Out Room 1 P1106/1106A Select Medical The Ortenzio Family Conference Room Meeting Room 1 P1106/1106A Lawrence L. & Julia Z. Hoverter Conference Center 2: P1100/1100A Charitable Foundation Lawrence L. and Julia Z. Hoverter Charitable Foundation Conference Room Break Out Room 2 P1100/1100A Meeting Room 2 P1100/1100A Faculty Library P1102 Friends of Dr. Berlin Cheston M. Berlin, Jr. Library James M. & Margaret V. Stine

-1- II.6) (Appendix Meditation Space (Spirituality Center) P1200A Foundation James M. and Margaret V. Stine Foundation Meditation Center Outdoor Courtyard Space: Courtyard Garden Jeanne & Edward H. Arnold Jeanne and Edward Arnold Courtyard Garden Play Area within Courtyard Garden Elevator Bank Vestibule EL1300 Giant Food Stores, LLC Giant Food Stores Elevator Vestibule Pediatric HEM/ONC Outpatient Penn State IFC/Panhellenic Pavilion P1400 Dance Marathon Penn State IFC/Panhellenic Dance Marathon Pediatric Cancer Pavilion Private Infusion Bays (11) range 121-128 Private Infusion Bay 1 P1405 Patricia H. Vance Made possible by the generosity of Patricia H. Vance Private Infusion Bay 2 P1407 Virginia M. & Donald M. Cook Made possible by the generosity of Virginia M. and Donald M. Cook Private Infusion Bay 3 P1409 William E. C. & Mary Dearden Made possible by the generosity of William E. C. and Mary Dearden Private Infusion Bay 11 P1425 Virginia M. & Donald M. Cook Made possible by the generosity of Virginia M. and Donald M. Cook Hershey Heights Rental Infusion Play Area P1416 Community Hershey Heights Rental Community Infusion Play Area Orlosky/Jammin' for Exam Room Waiting Area P1440 Jess/Cerminara Made possible by the generosity of Family and Friends of Jessica Orlosky Patient Exam Rooms (8) range 112-136 Patient Exam Room 2 P1442 Sharon & Reuben Weinstein Made possible by the generosity of Family of Tobey and Charles Weinstein Patient Exam Room 4 P1462 Libby Urie Made possible by the generosity of Libby Urie Sharon M. Press, Ph.D. & Harold Patient Exam Room 5 P1460 L. Paz, M.D. Made possible by the generosity of Sharon M. Press, Ph.D. and Harold L. Paz, M.D.

DESCRIPTION OF SPACE ROOM NUMBER DONOR NAME NAMED SPACE/OFFICIAL PLAQUE WORDING 2nd Floor Family Waiting Area w/kitchenette P2301/2301A Penn National Gaming, Inc. Penn National Gaming, Inc. Surgical Waiting Area Pre and Post-Op Area 11/16/2012 FB&CP G G G NAMED SPACE/OFFICIAL PLAQUE WORDIN NAMED SPACE/OFFICIAL PLAQUE WORDIN Made possible by the generosity of Jeanne and Edward Arnold Made possible by the generosity of Jeanne and Edward Arnold Made possible by the generosity of Nancy C. and Richard A. Zimmerman Made possible by the generosity of Hershey Entertainment and Resorts Company Made possible by the generosity of The S. Wilson and Grace M. Pollock Foundation Made possible by the generosity of Hershey Entertainment and Resorts Company Made possible by the generosity of Hershey Entertainment and Resorts Company Made possible by the generosity of The John Frederick Steinman Foundation Made possible by the generosity of Family and Friends Craig Erickson The Donald B. & Dorothy L. Stabler Foundation Pediatric Intensive Care Unit Made possible by the generosity of Friends Reagan E. McQuaid Nancy C. & Richard A. Zimmerman Hershey Entertainment & Resorts Company J. Bruce & Sarah H. McKinney Made possible by the generosity of Sally and Bruce McKinney Justin LeFevre FoundationSteinman Foundation Made possible by the generosity of The Justin LeFevre Foundation Children's Miracle Network The Donald B. & Dorothy L. Stabler Foundation Jeanne & Edward H. Arnold John E. Morgan FoundationS. Wilson & Grace M. Pollock Foundation John E. Morgan Pediatric Intermediate Care Unit UTZ Quality Foods, Inc.Douglas & Darlene Weaver Made possible by the generosity of The Family Kaeli Brandt Made possible by the generosity of UTZ Quality Foods, Inc. Hershey Entertainment & Resorts Company Hershey Entertainment & Resorts Company Sharon L. and Rodney A. Erickson and friends Anne M. & Philip H. Glatfelter III Family Foundation ROOM NUMBER DONOR NAME ROOM NUMBER DONOR NAME NAMED SPACE/OFFICIAL PLAQUE WORDIN ROOM NUMBER DONOR NAME P3223 P4300 Area P4102 P4301P4302 Made possible by the generosity of Children's Miracle Network Made possible by the generosity of Children's Miracle Network P4102B P4400 P4 (East End) P4300 Area P3400A P4402 P2309 P3400 P3204 P3430 P3304 P3402 P4206 a 3rd Floor 4th Floor DESCRIPTION OF SPACE DESCRIPTION OF SPACE DESCRIPTION OF SPACE Family Kitchenette (shared space for PICU/PIMCU) Patient Room (part of Hummingbird Suite) Child Life Kitchen Consult Room 2 Pediatric Cancer/HemOnc Pavilion Patient Rooms - 15 private rooms Patient Room 15 Consult Room 1 285-303 PICU Playroom "Waterfall" Window Consult Room Hem/Onc and Med/Surg Patient Floor noted in Lobby Arrival Are Child Life Teen Room PICU/PIMCU Floor Entire Family Lounge and Kitchen Area P4302 Family Lounge Made possible by the generosity of Children's Miracle Network Medical Surgical Unit Child Life Play Area Child Life Work Room Consult Room 2 Hummingbird Transitional Care Suite (includes patient room) Consult Room 1 PIMCU

(Appendix II.6) -2- 11/16/2012 FB&CP Monterey, Massachusetts N Monterey, Massachusetts Monterey,

(Appendix II.7) -1- Monterey, Massachusetts 11/16/2012

N B ear tow n M oun tain Ro ad 237 Beartown Mountain Road -2- (Appendix II.7) FB&CP Monterey, Massachusetts FB&CP 11/16/2012 -3- (Appendix II.7)

237 Beartown Mountain Road - Side View 237 Beartown Mountain Road - Side View

View of Beartown Mountain Road STATUS OF MAJOR CONSTRUCTION PROGRAMS AND BORROWING ( > $5 Million ) October 31, 2012 11/16/2012 Bold - Completed, Italics - Projected Project Data BOT Milestones Construction Budget Commonwealth Gift Arch/Eng Final Plan Start Completion Notes Campus Project Name Amount Funding Amount Selection Approval Date Date

Brandywine Brandywine Main Building Renovation $9,500,000 $0 $0 01/12 05/12 05/12 08/13 Construction is approximately 25% complete. Project is Substantially Complete. Patients being scheduled for Hershey Children's Hospital $206,500,000 $14,000,000 $65,000,000 11/05 11/09 03/10 11/12 January 2013.

Harrisburg Educational Activities Building $19,500,000 $0 TBD 11/11 01/13 02/13 03/14 Project in design

Philadelphia EEB Hub, Building 661 and 7R, Philadelphia Navy Yard $39,000,000 $30,000,000 $0 09/11 01/13 01/13 02/14 Project in design.

Beaver Stadium Scoreboard Upgrades $12,700,000 $0 $0 07/11 09/13 12/13 08/14 Work to be completed for 2014 Season.

BioBehavioral Health Building $48,100,000 $40,000,000 $0 01/08 07/10 12/10 12/12 Construction is approximately 93% complete.

Burrowes Building Renovation TBD $0 $0 05/12 TBD TBD TBD Project in programming.

CEDAR Building Renovations $8,500,000 $6,840,000 $0 03/11 01/12 03/12 04/13 Construction is approximately 65% complete.

East Campus Steam Line $13,500,000 $11,000,000 $0 N/A 03/11 06/11 06/13 Construction is approximately 85% complete.

Environmental Improvements BFP Installations $10,500,000 $7,000,000 $0 N/A N/A 06/08 08/14 Project program is approximately 70% complete.

Essential Services Program $11,950,000 $3,000,000 $0 N/A N/A 12/05 12/14 Project program is approximately 68% complete.

Eva J. Pell Laboratory for Advanced Biological Research $23,000,000 $0 $0 11/07 11/10 09/11 06/13 Construction is approximately 50% complete.

-1- II.8) (Appendix Health and Human Development Building $58,500,000 $52,300,000 $0 01/08 11/12 12/12 11/15 Project is out to bid.

HUB Addition $35,350,000 $0 $0 03/11 03/13 03/13 03/15 Project is out to bid. FB&CP IM Building Addition $24,600,000 $0 $0 01/11 01/13 02/13 06/14 Project in design.

Moore Building Renovation $21,900,000 $18,900,000 $1,200,000 07/08 01/12 03/12 08/13 Construction is approximately 40% complete.

MRL Renovations $10,000,000 $8,200,000 $0 N/A 03/13 03/13 06/14 Project in design.

University Park Mueller and Whitmore Laboratory Renovations TBD $0 $0 03/12 TBD TBD TBD Project in programming.

Old Main Building Systems Renovation Phase I $11,000,000 $0 $1,500,000 09/11 11/12 01/13 10/13 Project in design.

Pegula Ice Arena $90,100,000 $0 $89,000,000 11/10 01/12 01/12 09/13 Construction is approximately 40% complete.

Recreation Hall Air Conditioning $5,500,000 $0 $0 01/12 11/12 02/13 08/13 Project is out to bid.

South Frear Third Floor Renovations $6,110,000 $2,460,000 $0 N/A 03/11 05/11 01/13 Construction is approximately 90% complete.

South Frear Phase II Renovations $16,600,000 $0 $0 01/12 01/13 02/13 12/14 Project will go out to bid in November 2012.

South Halls Renovations and New Building $94,100,000 $0 $0 3/11, 11/11 03/12 05/12 12/14 Construction is approximately 19% complete.

Steidle Renovation TBD $0 $0 03/12 TBD TBD TBD Project in programming.

Transformer Replacement Program $9,600,000 $1,000,000 $0 N/A N/A 06/07 12/13 Project program is approximately 68% complete.

Water Treatment Plant $30,000,000 $25,000,000 $0 01/11 TBD TBD TBD Project in design.

WCSP Steam Production Modifications $48,300,000 $0 $0 01/11 11/12 02/13 12/17 Project in pricing.

West Campus Chilled Water $11,900,000 $6,500,000 $0 N/A 03/11 05/11 12/12 Construction is approximately 95% complete.

West Campus Chilled Water Plant Chiller $16,200,000 $0 $0 01/12 09/12 11/12 08/14 Equipment procurement in progress.

Summary of University Long-Term Debt - $(000) (excluding PCT) Authorized Borrowing Status - $(000) (excluding PCT) Total Bonds, Notes and Capital Leases as of June 30, 2012 $1,011,857 Borrowing Authority per May 2007 Board of Trustees $600,000 Bonds, Notes, and Capital Leases Issued Year to Date Fiscal Year 2012/13 - Capital Leases, Bonds, & Notes Issued ($321,305)

Year to Date Principal Payments and Premium Amortizations ($26,264) Future Capitalized Leases & Other Anticipated Commitments ($15,100)

Total Bonds, Notes and Capital Leases as of October 31, 2012 $985,593 Estimated Authority Remaining $263,595 * Related Interest Expense Totals Approximately $17,594 11/16/2012 FB&CP

THE PENNSYLVANIA STATE UNIVERSITY CONFLICT OF INTEREST DISCLOSURE - FISCAL YEAR 2011-2012 Summary of Transactions Less Than $10,000 each

VENDOR TOTAL

ACCU WEATHER (Joel Myers ≥ 10% Ownership) $ 11,501.86

MOUNT NITTANY INN (Nancy Silvis ≥ 10% Ownership) $ 26,349.49

SILCOTEK CORPORATION (Paul Silvis ≥ 10% Ownership) $ 1,720.12

TOTAL $ 39,571.47

(Appendix II.9) -1- 11/16/2012 FB&CP THE PENNSYLVANIA STATE UNIVERSITY CONFLICT OF INTEREST DISCLOSURE - FISCAL YEAR 2011-2012 Transactions Less Than $10,000 each

ACCU WEATHER: University Libraries $ 4,000.00 University Airport $ 1,820.00 University Airport $ 1,670.00 Intercollegiate Athletics $ 1,500.00 Athletics Recreation Services and Support $ 1,000.00 Penn State Lehigh Valley $ 399.98 Penn State Lehigh Valley $ 399.98 Physical Plant $ 249.95 Penn State Mont Alto $ 59.95 Penn State Hospitality Services $ 33.50 Penn State Hospitality Services $ 33.50 Penn State Hospitality Services $ 33.50 Penn State Hospitality Services $ 33.50 Penn State Hospitality Services $ 33.50 Penn State Hospitality Services $ 33.50 Penn State Hospitality Services $ 33.50 Penn State Hospitality Services $ 33.50 Penn State Hospitality Services $ 33.50 Penn State Hospitality Services $ 33.50 Penn State Hospitality Services $ 33.50 Penn State Hospitality Services $ 33.50

TOTAL ACCU WEATHER $ 11,501.86

MOUNT NITTANY INN: Global Programs - University Office $ 3,906.00 Business - Smeal College $ 2,776.02 Liberal Arts $ 2,713.01 Agricultural Sciences $ 2,654.30 Agricultural Sciences $ 1,648.50 Information Technology Services $ 1,355.00 Education $ 1,102.54 Agricultural Sciences $ 1,085.75 Information Technology Services $ 870.00 Information Technology Services $ 775.00 Arts and Architecture $ 755.00 Nursing - School $ 720.00 Agricultural Sciences $ 470.00 Agricultural Sciences $ 464.63 Student Affairs $ 446.65 Science - Eberly College $ 420.00 Intercollegiate Athletics $ 340.00

(Appendix II.9) -2- 11/16/2012 FB&CP THE PENNSYLVANIA STATE UNIVERSITY CONFLICT OF INTEREST DISCLOSURE - FISCAL YEAR 2011-2012 Transactions Less Than $10,000 each

MOUNT NITTANY INN (continued): Development and Alumni Relations $ 330.34 Intercollegiate Athletics $ 296.40 Housing and Foods $ 277.85 Research - Strategic Initiatives $ 274.84 Development and Alumni Relations $ 271.51 Research - Strategic Initiatives $ 240.70 Liberal Arts $ 200.00 Agricultural Sciences $ 200.00 Development and Alumni Relations $ 197.00 Agricultural Sciences $ 180.90 Intercollegiate Athletics $ 170.50 Development and Alumni Relations $ 142.98 Communications $ 138.73 Student Affairs $ 112.63 Health and Human Development $ 96.88 Student Affairs $ 92.98 Liberal Arts $ 87.39 Health and Human Development $ 85.20 Liberal Arts $ 82.37 Agricultural Sciences $ 73.00 Earth and Mineral Sciences $ 60.98 Agricultural Sciences $ 52.00 Science - Eberly College $ 38.00 Science - Eberly College $ 37.82 Science - Eberly College $ 36.58 Agricultural Sciences $ 30.25 Agricultural Sciences $ 26.26 Intercollegiate Athletics $ 13.00

TOTAL MOUNT NITTANY INN $ 26,349.49

SILCOTEK CORPORATION: Earth and Mineral Sciences $ 1,239.52 Earth and Mineral Sciences $ 250.60 Earth and Mineral Sciences $ 230.00

TOTAL SILCOTEK CORPORATION $ 1,720.12

GRAND TOTAL $ 39,571.47

(Appendix II.9) -3- THE PENNSYLVANIA STATE UNIVERSITY

CODE OF CONDUCT FOR INTERCOLLEGIATE ATHLETICS

Introduction

This Code of Conduct exemplifies the commitment of The Pennsylvania State University (“Penn State” or the “University”) Department of Intercollegiate Athletics (the “Athletics Department” or the “Department”) to full compliance with the University’s and the Athletics Department’s policies and procedures, including the policies set forth in the Penn State Intercollegiate Athletics Policy Manual (the “ICA Policy Manual”), the National Collegiate Athletic Association (“NCAA”) Constitution and Bylaws and the Handbook of the Big Ten Conference (“Big Ten Handbook”), as well as the principles regarding institutional control, responsibility, ethical conduct and integrity reflected in the NCAA Constitution and Bylaws and the Big Ten Handbook.

The purpose of this Code of Conduct is to serve as a guidepost to direct the ethical bearing of the Athletics Department. It was drafted to be congruent with the Athletics Department’s Mission, Vision and Core Values, all of which reflect those principles that serve as our measure of success, regardless of the outcome on the field.

Our Mission is to strive for excellence by offering all students model programs to develop meaningful standards of scholarship, athletic performance, leadership, community service, ethical conduct and sportsmanship within the institution’s educational and social environments.

Our Vision is to maintain a broad-based program the equal of any in the nation; to achieve the most favorable graduation rate possible for student-athletes; to field teams that compete at the highest levels of national and conference play; to encourage individual excellence and the esteem that follows; to aid in the social preparation of young people for the diverse world they are about to enter; to create an awareness of public service and the importance of participation in community outreach; to provide recreational facilities and opportunities to address every interest area, and to entertain the University student body and staff, alumni and fans with a consistently high level of competition that does not compromise the integrity which has characterized the Penn State program from its inception.

Our Core Values define who we are, not how we did. Our Core Values are those attributes that, whether experiencing the highest high or the lowest low, will not be compromised or abandoned. These Core Values are integrity, honor and respect.

This Code of Conduct will help ensure that our Mission, Vision and Core Values are ingrained in everything we do and that our commitments to the ideals of excellence, scholarship, integrity, ethical conduct, diversity, leadership, public service, athletic performance and sportsmanship are fulfilled.

[REVISED Appendix I] - 1 -

Applicability

This Code of Conduct is applicable to all “Covered Persons” which includes all student-athletes who participate on any of the University’s NCAA-sanctioned Division 1 intercollegiate athletics teams; all coaches and all managers of any of the University’s NCAA-sanctioned Division I intercollegiate athletics teams; all University staff and other University and Athletics Department employees who are directly involved with any of the University’s NCAA-sanctioned intercollegiate athletics teams; the University’s Board of Trustees, individually and collectively (the “Board of Trustees”); the President of the University; and all members of the Athletics Director’s Executive Committee.

For purposes of this Code of Conduct, an individual is “directly involved” with a University NCAA sanctioned Division I intercollegiate athletics team if such individual directs, controls or assists with any such team’s activities and has a reasonable likelihood of recurring personal interaction with both varsity student‐athletes and coaches resulting from his or her employment responsibilities.

The Penn State Principles Our Core Values are reflected in the following Penn State Principles, which were developed to embody the values to which we expect our students, faculty, staff, administration, trustees and alumni to adhere. The University also is deeply committed, however, to freedom of expression. Thus, the Penn State Principles do not constitute University policy and are not intended to interfere in any way with an individual’s legally-protected academic or personal freedoms. We expect, however, that all Covered Persons will endorse these common principles voluntarily, to the extent applicable to them, thereby contributing to the traditions and scholarly heritage of Penn State left by those who preceded them, and will thus leave Penn State a better place for those who follow. The Penn State Principles are as follows: I will respect the dignity of all individuals within the Penn State community and the local community and of all individuals with whom I compete on behalf of Penn State. The University is committed to creating and maintaining an educational environment that respects the right of all individuals to participate fully in the community. Actions motivated by hate, prejudice, or intolerance violate this principle. I will not engage in any behaviors that compromise or demean the dignity of individuals or groups, including intimidation, stalking, harassment, discrimination, taunting, ridiculing, insulting, or engaging in acts of violence. I will demonstrate respect for others by striving to learn from differences between people, ideas, and opinions and by avoiding behaviors that inhibit the ability of other community members to feel safe or welcome as they pursue their academic goals. I will practice and promote the practice of academic integrity. Academic integrity is a basic guiding principle for all academic activity at Penn State, allowing the pursuit of scholarly activity in an open, honest, and responsible manner. In accordance with the University Code of Conduct, I will practice and promote the practice of integrity with regard to all academic assignments. I will not engage in or tolerate acts

[REVISED Appendix I] - 2 -

of falsification, misrepresentation or deception because such acts of dishonesty violate the fundamental ethical principles of the University community and compromise the worth of work completed by others. I will demonstrate social and personal responsibility. The University is a community that promotes learning; any behaviors that are inconsistent with that goal are unacceptable. Irresponsible behaviors, including alcohol or drug abuse and the use of violence against people or property, undermine the educational climate of the University by threatening the physical and mental health of members of the University community. I will exercise personal responsibility for my actions and I will make sure that my actions do not interfere with the academic and social environment of the University. I will maintain a high standard of behavior by adhering to the University Code of Conduct and respecting the rights of others. I will be responsible for my own academic progress and I agree to comply with all University policies. The University allows students to identify and achieve their academic goals by providing the information needed to plan their chosen program of study and the necessary educational opportunities to complete that program successfully, but students assume final responsibility for course scheduling, program planning, and the successful completion of graduation requirements. I will be responsible for seeking the academic and career information needed to meet my educational goals by becoming knowledgeable about the relevant policies, procedures, and rules of the University and my chosen academic program, by consulting and meeting with my adviser, and by successfully completing all of the requirements for graduation.

Expectations of Conduct

All Covered Persons

1. All Covered Persons shall:

(a) comply with all University policies and procedures, as applicable

(b) comply with ICA Policy Manual, as applicable;

(c) comply with the applicable NCAA Constitution and Bylaws and the Big Ten Handbook, including the principles regarding institutional control, responsibility, ethical conduct and integrity; and

(d) comply with all applicable laws, rules and regulations.

2. All Covered Persons shall report—either anonymously or by identifying themselves—any suspected violation(s) of the University’s or the Athletics Department’s policies, the NCAA rules, the Big Ten rules or this Code of Conduct, or any other conduct that materially undermines the University’s and the Athletics Department’s commitment to principles of civility, integrity and ethical conduct in the Athletics Department.

[REVISED Appendix I] - 3 -

Reports of suspected violations of NCAA rules or Big Ten rules should be made to the office of the Associate Athletic Director for Compliance and Student-Athlete Services.

Reports of other suspected violations should be made via one of the following methods, at the reporter’s option:

(a) to the Athletics Integrity Officer;

(b) via the University’s Compliance and Ethics Hotline (http://www.psu.edu/ur/hotline.html);

(c) through the procedures set forth under University Policy AD 67, “Disclosure of Wrongful Conduct and Protection from Retaliation,” (http://guru.psu.edu/policies/AD67.html); or

(d) through any other University procedure for reporting suspected misconduct, such as filing a report with the Office of Student Conduct (http://studentaffairs.psu.edu/conduct/formsandbrochures.shtml), the University Police (http://www.police.psu.edu/witness/form.shtml), or the Affirmative Action Office (http://equity.psu.edu/reporthate ).

Student-Athletes

In addition to the obligations required of all Covered Persons under this Code of Conduct, student-athletes shall:

(a) adhere to the University’s Student Code of Conduct and Conduct Procedures, as amended, modified, and supplemented from time-to-time (http://studentaffairs.psu.edu/conduct/pdf/Procedures.pdf); and

(b) adhere to rules, policies and procedures established by the head coach of his or her individual sports program (it being understood that any such “team rules” shall be in addition to, and not in substitution for, any portion of this Code of Conduct)

Coaches

In addition to the obligations required of all Covered Persons under this Code of Conduct, all head coaches, assistant coaches, graduate assistant coaches, volunteer coaches and managers of the University’s NCAA Sanctioned Division 1 intercollegiate athletics teams (“Coaches”) shall:

(a) not have any hiring or other supervisory role with regard to academic support staff and shall not apply pressure through intimidation of or threats to any member of the academic support staff or of or to faculty members on behalf of a student athlete;

[REVISED Appendix I] - 4 -

(b) not have any hiring or other supervisory role with regard to University, NCAA, or Big Ten compliance staff and shall not apply pressure through intimidation of or threats to any member of such compliance staff;

(c) work with the admissions office to recommend qualified student-athletes for admission, but not attempt to bring pressure upon the admissions office personnel to admit an applicant merely because he or she possesses exceptional athletic ability;

(d) conduct the sports team in such a manner to give full and active support to the educational aims of the University, cooperate fully in support of the faculty on eligibility requirements and insist that all student-athletes fulfill the same academic requirements as all other students at the University; and

(e) comply with all applicable University policies and procedures (www.guru.psu.edu).

Administrators and Staff

In addition to the obligations required of all Covered Persons under this Code of Conduct, all administrators and staff covered by this Code of Conduct shall:

(a) comply with all applicable University and Department-specific policies and procedures (www.guru.psu.edu); and

(b) conduct the intercollegiate athletics program in such a manner to give full and active support to the educational aims of the University, cooperate fully in support of the faculty on eligibility requirements and insist that all student-athletes fulfill the same academic requirements as all other students at the University.

Board of Trustees

In addition to the obligations required of all Covered Persons under this Code of Conduct, the Board of Trustees, individually and collectively, shall:

(a) adhere to the Board of Trustees’ Charter, Bylaws, and Standing Orders, including the Statement of Trustees Responsibilities and the Statement of Expectations of Membership, as amended by the Board of Trustees from time to time; and

(b) fulfill their fiduciary responsibility to oversee the implementation of the Athletics Department’s policies and procedures, and to uphold the integrity of the intercollegiate athletics program and its alignment with the academic mission of Penn State.

University President

In addition to the obligations required of all Covered Persons under this Code of Conduct, the University President shall:

[REVISED Appendix I] - 5 -

(a) adhere to NCAA Operating Bylaws, Article 22.2.1.1(b), which provides that the University President “is assigned ultimate responsibility and authority for the operation, fiscal integrity and personnel of the athletics program…”;

(b) regularly communicate with the Board of Trustees regarding the integrity of the Penn State athletics program, the ethical conduct of all Covered Persons, and the President’s fulfillment of responsibilities as they relate to agreed-upon goals, standards and benchmarks of the University’s intercollegiate athletics program; and

(c) establish and uphold, with input from faculty and the Penn State administration, academic and eligibility standards for student-athletes that reflect Penn State’s high academic values and vision.

Non-Retaliation and Confidentiality

The University and the Athletics Department maintain a strict non-retaliation and non-retribution policy for anyone, including but not limited to any Covered Person, who takes action that he/she reasonably believed to be necessary to uphold or enforce compliance with this Code of Conduct, the ICA Policy Manual, the University’s obligations under the NCAA Constitution and Bylaws and Big Ten Handbook, including NCAA and Big Ten principles regarding institutional control, responsibility, ethical conduct and integrity. The University and the Athletics Department shall maintain confidentiality and anonymity with respect to any such report, unless required by law to do otherwise.

[REVISED Appendix I] - 6 -

Code of Conduct for Intercollegiate Athletics

Certificate of Acknowledgement

I hereby certify that I have received, read and understand, and shall abide by, the Code of Conduct for Intercollegiate Athletics.

Date: ______

Signature:

Name (Please Print):

Title or Position: ______

[REVISED Appendix I] - 7 -