November 9, 2012 Meeting, Board of Trustees
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November 9, 2012 meeting, Board of Trustees THE OHIO STATE UNIVERSITY OFFICIAL PROCEEDINGS OF THE ONE THOUSAND FOUR HUNDRED AND SIXTY-SIXTH MEETING OF THE BOARD OF TRUSTEES Columbus, Ohio, November 8 & 9, 2012 The Board of Trustees met Thursday, November 8, and Friday, November 9, 2012, at Longaberger Alumni House, Columbus, Ohio, pursuant to adjournment. ** ** ** Minutes of the last meeting were approved. 259 November 9, 2012 meeting, Board of Trustees The Chairman, Mr. Schottenstein, called the meeting of the Board of Trustees to order on Thursday, November 8, 2012 at 8:36 a.m. Present: Robert H. Schottenstein, Chairman, John C. Fisher, Brian K. Hicks, Ronald A. Ratner, Algenon L. Marbley, Linda S. Kass, William G. Jurgensen, Clark C. Kellogg, Timothy P. Smucker, Alex Shumate, Cheryl L. Krueger, Evann K. Heidersbach and Benjamin T. Reinke, G. Gilbert Cloyd, Corbett A. Price. Mr. Schottenstein: Good morning. I would like to convene the meeting of the Board of Trustees and ask the Secretary to note the attendance. At this time I would ask the Secretary to note attendance. Dr. Horn: A quorum is present, Mr. Chairman. Mr. Schottenstein: I hereby move that the Board recess into Executive Session to consider personnel matters regarding the employment and compensation of public officials, the sale of real or personal property and to consider matters required to be kept confidential by Federal and State statues. May I have a second? Upon motion of Mr. Schottenstein, seconded by Mrs. Kass, the Board of Trustees adopted the foregoing motion by unanimous roll call vote, cast by Trustees Schottenstein, Fisher, Hicks, Shumate, Ratner, Marbley, Kass, Jurgensen, Kellogg, Smucker, and Krueger. Dr. Horn: Motion carries, Mr. Chairman. Mr. Schottenstein: We are recessed. -0- The Chairman, Mr. Schottenstein, called the meeting of the Board of Trustees to order on Friday, November 9, 2012, at 8:37 a.m. Present: Robert H. Schottenstein, Chairman, Brian K. Hicks, John C. Fisher, Alan W. Brass, Ronald A. Ratner, Algenon L. Marbley, Linda S. Kass, William G. Jurgensen, Jeffrey Wadsworth, Clark C. Kellogg, Timothy P. Smucker, Alex Shumate, Cheryl L. Krueger, G. Gilbert Cloyd, Corbett A. Price, Evann K. Heidersbach and Benjamin T. Reinke. Mr. Schottenstein: Good morning everyone. We will reconvene the meeting of the Board of Trustees and ask the Secretary to note the attendance. Dr. Horn: A quorum is present, Mr. Chairman. 260 November 9, 2012 meeting, Board of Trustees Mr. Schottenstein: Thank you David. The first thing I would like to do is to extend on behalf of the entire board a very warm welcome to our newest trustee who was recently appointed to the board by Governor John Kasich and that’s Mike Gasser. Mike, for those of you who don’t know, this is his first board meeting and he is chairman of the board of Grief, an industrial packaging company with operations within the United States, Canada, and I think even beyond. It’s one of the great companies within our state. He serves on the Board of Directors at Bob Evans Farms, Battelle, as well as The James Cancer Hospital Foundation Board. We are thrilled to have Mike join us. We welcome his acumen, his wisdom, his friendship, and look forward to working for him for many years; Mike, welcome. I also want to take a moment to acknowledge; Gordon, I feel like you are the father of our University. Now, you are the Grandfather of two recently born granddaughters Elizabeth and Eva. We called Gordon Grandpa Gee during yesterday’s meetings and I think he liked it. We extend our best wishes to you and Rebecca and your entire family. On a different note, just this past week on November 2nd, we were all deeply saddened to learn of the news of the passing of Judge Robert M. Duncan; a man who many of us new quite well, one of the great men of our time. He is literally, the personification of principal, compassion, and wisdom. At this time, I would like to ask Trustee Alex Shumate to say a few words about the great Robert Duncan. Mr. Shumate: Thank you very much Bobby. As the members of the board know we have a resolution honoring Bob Duncan and I know that Judge Marbley is going to formally present the resolution but I appreciate the opportunity to say a few words about Judge Duncan from a personal level as well as professional level. We all know he was an outstanding lawyer and judge but he was certainly an even better person. To me personally, Bob Duncan was not only a mentor, but a role model. He set the standard for professionalism and integrity. He was very intelligent, very thoughtful, possessed excellent judgment and provided invaluable wisdom and insight. But as I said earlier, what made Bob great was his character, his personality, and his warmth. He never lost the common touch despite all of accomplishments that are included in the resolution. He always had time to listen, always had time to lend a helping hand and even though he was one of America’s most honored professionals; he always remembered his upbringing and his roots. Let me close by saying that when I think of Bob Duncan, I am reminded of a saying that goes like this: You have touched us and we have all grown. That’s how I remember Bob Duncan. He is a motivator and a person that all of us should pause to reflect on very positively. Thank you. Mr. Schottenstein: Thank you. Judge Marbley. Judge Marbley: Yes, it’s difficult to follow Alex with those eloquent words. We have a Resolution that I would like to read into the record. 261 November 9, 2012 meeting, Board of Trustees The Board of Trustees of The Ohio State University expresses its sorrow upon the death on November 2, 2012, of Judge Robert M. Duncan, former member of the Board of Trustees of the University from 1998 until 2007 and Chair of the Board of Trustees from 2006 through 2007. Judge Duncan was a two-time graduate of The Ohio State University, having earned a B.S. in 1948 and a J.D. in 1952. In addition, he was awarded an honorary degree, Doctor of Laws, from the University in 1979. Judge Duncan was a trailblazing figure in Ohio and beyond. He broke racial barriers in becoming the first African-American appointed general counsel in the Ohio attorney general’s office. He was the first African-American to be elected judge in Franklin County, the first to serve on the Ohio Supreme Court, the first to serve on the U.S. Court of Military Appeals, and the first to be appointed a federal district judge in Ohio. It was in this position as federal judge for the U.S. District Court for the Southern District of Ohio that he wrote the landmark order ending segregation in the Columbus Public Schools. His fairness, leadership, and accessibility to community groups helped ensure a smooth process of desegregation in Columbus and were hallmarks of his contributions in every capacity in which he served. Judge Duncan served with distinction as Vice President of Legal Affairs and General Counsel of The Ohio State University from 1992 through 1995, and he served as Secretary of the Board of Trustees from 1993 through 1996, at which point he was named Vice President and Secretary Emeritus. Judge Duncan served the University in numerous other capacities, notably as Jurist in Residence at the Michael Moritz College of Law, member of the executive committee of the President’s Club and as chairman of the University Hospital Board. The Moritz College of Law has had a professorship, awards, and multiple scholarships in Judge Duncan’s name as the result of donations made by many of those whom he inspired. Judge Duncan was a partner in the Jones Day law firm from 1985 through 1992, and he was active in the community, serving on the boards of the United Way of Franklin County, the Columbus Association for the Performing Arts, the Columbus College of Art & Design, among others. Judge Duncan received numerous awards and honors including The Ohio State University’s Distinguished Alumnus Award in 1992, the Governor’s Award for Civil Rights in 1992, the Julian Sinclair Smith Celebration of Learning Award from the Columbus Metropolitan Library, and the Democracy in Action Award from the League of Women Voters, among many others. Judge Duncan served in the United States Army from 1952 to 1956. The Board notes that no listing of positions or accomplishments can begin to capture the contributions of Judge Duncan. In the words of President E. Gordon Gee, “Judge Duncan was a towering figure in the history of our community and this University, which he served so well. In a time of great social inequity, he was a voice of reason and dignity, moving humanity forward toward a horizon of equality and justice. Indeed, throughout his long career, he continued to guide us toward our better angels.” Those who were privileged to work with Judge Duncan came to appreciate the great power of his intellect, his uncommon and unceasing intellectual curiosity, his wisdom, his warm and engaging personality, his steady hand, and his generosity of spirit. On behalf of the University community, the Board of Trustees expresses to the family of Judge Robert M. Duncan, its deepest sympathy and sense of understanding of their loss. It is directed that this resolution be inscribed upon the minutes of the Board of Trustees and that a copy be tendered to his family as an expression of the Board’s heartfelt sympathy.