This Preliminary Official Statement and the information contained herein are subject to change, completion or amendment without notice. These securities may not be sold nor may offers to buy be accepted prior to the time the Official Statement is delivered in final form. Under no circumstances shall this Preliminary Official Statement constitute an offer to sell or the solicitation of any offer to buy, nor shall there be any sale of these securities in any jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction. * † Dated: DateofInitialDelivery N The Series2017ABondsindefinitive formareexpectedtobeavailablefordeliveryDTCinNew York, NewonoraboutMarch 1,2017. upon fortheUnderwritersbytheir counsel,SquirePattonBoggs(US)LLP.Prager&Co.,LLCisacting asmunicipaladvisortotheUniversity. passed uponbyJohnBiancamano, Esq.,anAssistantAttorneyGeneralandgeneralcounselfortheUniversity. Certainlegalmatterswillbepassed certain legalmattersrelatingtotheirissuancebyDinsmore&Shohl LLP,BondCounsel,andcertainotherconditions.Certainlegalmatterswillbe Official Statementtoobtaininformationasabasisformakinginformed investmentjudgments. on certaincorporations,includingthecorporatealternativeminimumtaxaportionofthatinterest.See“TAXEXEMPTION”herein. the networthbaseofcorporatefranchisetax.InterestonSeries2017ABondsmaybesubjecttocertainfederaltaxesimposedonly insurance companytax,thedealersinintangiblestaxleviedonbasisoftotalequitycapitalfinancialinstitutions,and therefrom, includinganyprofitmadeonthesalethereof,arefreefromallOhiostateandlocaltaxation,exceptestatetax,domestic corporations undertheInternalRevenueCodeof1986,asamended,and(ii)Series2017ABonds,transferthereof,income income taxpurposesandisnotanitemofpreferenceforthefederalalternativeminimumimposedonindividuals covenants andtheaccuracyofcertainrepresentations,interestonSeries2017ABondsisexcludiblefromgrossincomeforfederal
CERTAIN TERMSOFTHESERIES2017ABONDS–RedemptionPriortoMaturity”herein. See “APPENDIXC–BOOK‑ENTRYSYSTEM;DTC.” form willnotbetransferableorexchangeable,exceptfortransfertoanothernomineeofDTCasotherwisedescribedinthisOfficial Statement. $5,000 inexcessthereof.TherewillbenodistributionofSeries2017ABondstotheultimatepurchasers.The book‑entry method, and will be registered initiallyin the name of DTC. The Series 2017A Bonds will be issuedin denominations of $5,000 or any multipleof Bonds willbeoriginallyissuedonlyasfullyregisteredbonds,oneforeachmaturitybearingthesameinterestrate,underabook‑entry only on presentationandsurrendertotheTrustee,interesttransmittedeachJune1December1,beginning2017.TheSeries 2017A levied bytheOhioGeneralAssemblyforpaymentofprincipalandinterestonSeries2017ABonds. credit oftheUniversityisnotpledgedtotheirpayment.TheownersSeries2017ABondsshallhavenorightanyexcises ortaxes University andtopaycostsofissuance.See“PLANOFFINANCING.” Ohio, asTrustee(the“Trustee”).TheproceedsoftheSeries2017ABondswillbeusedtofinanceandrefinancecostscapitalfacilities ofthe Master TrustAgreementassupplemented,the“TrustAgreement”),eachbetweenUniversityandU.S.BankNationalAssociation,Cleveland, Fourteenth SupplementalTrustAgreementdatedasofMarch1,2017(the“FourteenthAgreement,”andtogetherwiththe 2001 (the “Master Trust Agreement”), as supplemented to date and asfurther supplemented by the and a Trust Agreement dated as of May 1, are specialobligationsofTheOhioUniversity(the“University”)pursuanttocertainresolutionstheBoardTrustees December 1
ew See inside cover Preliminary; subject tochange. Year I 07$2,475,000 2017 082,385,000 2018 092,475,000 2019 002,590,000 2020 012,715,000 2021 022,855,000 2022 033,000,000 2023 043,155,000 2024 051,020,000 2025 061,065,000 2026 The Series2017ABondsareofferedwhen,asandifissuedbythe University andacceptedbytheUnderwriters,subjecttoopinionon This Coverincludescertaininformationforquickreferenceonly. Itisnotasummaryofthebondissue.Investorsshouldreadentire In theopinionofDinsmore&ShohlLLP,BondCounsel,underexistinglaw(i)assumingcontinuingcompliancewithcertain The Series2017ABondsaresubjecttooptionalandmandatoryredemptionpriormaturity,asprovidedherein.*See“SUMMARYOF Principal andinterestwillbepayabletotheregisteredowner(initially,TheDepositoryTrustCompanyoritsnominee(“DTC”)),principal The Series2017ABondsarenotobligationsoftheStateOhio,andgeneralUniversity,fullfaith and The $148,295,000*OhioUniversity(AStateofOhio)GeneralReceiptsBonds,Series2017A(the“SeriesBonds”) ssue The HuntingtonInvestment Company –B ook Amount* Goldman, Sachs&Co. E The dateofthisOfficial StatementisFebruary__,2017, andtheinformationspeaksonly asofthatdate ntry $112,380,000* –____%TermBondsdueDecember 1,2047Yield CUSIPNo.______O PRELIMINARY OFFICIAL STATEMENT DATED JANUARY 27, 2017 nly Interest
Rate
General ReceiptsBonds,Series2017A $35,915,000* SERIES2017ASERIALBONDS Yield $112,380,000* SERIES2017ATERMBOND PRINCIPAL MATURITYSCHEDULE* (A StateUniversityofOhio)
THE OHIO UNIVERSITY CUSIPNo. $148,295,000*
† December 1 Year 07$1,125,000 2027 081,175,000 2028 091,235,000 2029 001,295,000 2030 011,360,000 2031 021,435,000 2032 031,510,000 2033 04965,000 2034 051,015,000 2035 061,065,000 2036 Amount* PNC CapitalMarketsLLC Barclays Interest Rate Due: December 1,asshownbelow Rating: (See “RATINGS”herein) Yield †
Moody’s: Aa3 CUSIPNo. S&P: A+ †
REGARDING USE OF THIS OFFICIAL STATEMENT This Official Statement does not constitute an offering of any security other than the original offering of the Series 2017A Bonds identified on the cover hereof. No dealer, broker, salesman or other person has been authorized by the University to give any information or to make any representation, other than those contained in this Official Statement, and, if given or made, such other information or representations must not be relied upon as having been authorized by the University. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of the Series 2017A Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation or sale. This Official Statement speaks only of its date, and the information contained herein is subject to change.
The information and descriptions in this Official Statement do not purport to be comprehensive or definitive. Statements regarding specific documents, including the Trust Agreement and the Series 2017A Bonds, are summaries and subject to the detailed provisions of those documents and are qualified in their entirety by reference to the appropriate document, copies of which will be made available upon request for examination at the offices of the Underwriters during the initial offering of the Bonds and thereafter at the designated corporate trust office of the Trustee.
The Underwriters have provided the following sentence for inclusion in this Official Statement: The Underwriters have reviewed the information in this Official Statement in accordance with, and as a part of, their responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriters do not guarantee the accuracy or completeness of such information.
Upon issuance, the Series 2017A Bonds will not be registered by the University under any federal or state securities law, and will not be listed on any stock or other securities exchange. Neither the Securities and Exchange Commission nor any other federal, state, municipal or other governmental entity or agency, except the University will have, at the request of the University, passed upon the accuracy or adequacy of this Official Statement or approved the Series 2017A Bonds for sale.
All financial and other information presented in this Official Statement has been provided by the University from its records, except for information expressly attributed to other sources. The presentation of information, including tables of receipts from appropriations, fees and other sources, is intended to show recent historic information, and is not intended to indicate future or continuing trends in the financial position or other affairs of the University. Insofar as the statements contained in this Official Statement involve matters of opinion or estimates, even if not expressly stated as such, such statements are made as such and not as representations of fact or certainty, no representation is made that any of such statements have been or will be realized, and such statements should be regarded as suggesting independent investigation or consultation of other sources prior to the making of investment decisions. Neither the University's independent auditors, nor any other independent accountants, have compiled, examined or performed any procedures with respect to the prospective financial information and preliminary data contained herein, nor have they expressed any opinion or any other form of assurance on such information or its achievability, and assume no responsibility for, and disclaim any association with, the prospective financial information and preliminary data.
This Official Statement contains statements that the University believes may be "forward-looking statements." Words such as "plan," "estimate," "project," "budget," "anticipate," "expect," "intend," "believe" and similar terms are intended to identify forward-looking statements. The achievement of results or other expectations expressed or implied by such forward- looking statements involve known and unknown risks, uncertainties and other factors that are difficult to predict, may be beyond the control of the University and could cause actual results, performance or achievements to be materially different from any results, performance or achievements expressed or implied by such forward-looking statements. The University undertakes no obligation, and does not plan, to issue any updates or revisions to any of the forward-looking statements in this Official Statement.
References herein to provisions of Ohio law, whether codified in the Ohio Revised Code (the "Revised Code") or uncodified, or to the provisions of the Ohio Constitution or the University's resolutions, are references to such provisions as they presently exist. Any of these provisions may from time to time be amended, repealed or supplemented.
As used in this Official Statement, "Debt Service Charges" means principal (including any mandatory sinking fund requirements), interest and any premium payable on the obligations referred to; "Fiscal Year" means the University's fiscal year, currently the 12-month period from July 1 to June 30; "Fiscal Year 2017" means the fiscal year ending June 30, 2017; and "State" or "Ohio" means the State of Ohio.
CUSIP © is a registered trademark of the American Bankers Association. CUSIP Global Services is managed on behalf of the American Bankers Association by S&P Capital IQ. CUSIP data appearing on the Cover of this Official Statement is assigned by CUSIP Global Services, an independent company not affiliated with the University. The University is not responsible for the selection or uses of these CUSIP numbers, and no representation is made as to their correctness. These CUSIP numbers may also be subject to change after the issuance of the Series 2017A Bonds identified on the Cover, and neither the University nor the Underwriters have agreed to, and there is no duty or obligation to, update this Official Statement to reflect any change or correction to the CUSIP numbers.
TABLE OF CONTENTS Page INTRODUCTION ...... 3 General ...... 3 The Series 2017A Bonds and Sources of Payment and Security ...... 3 Constitutional and Statutory Authorization ...... 5 SUMMARY OF CERTAIN TERMS OF THE SERIES 2017A BONDS ...... 5 General ...... 5 Book Entry Only System ...... 5 Payments of Debt Service Charges on the Series 2017A Bonds ...... 5 Redemption Prior to Maturity ...... 6 SECURITY FOR AND SOURCES OF PAYMENT OF THE BONDS ...... 7 Introduction ...... 7 Pledge of General Receipts ...... 8 Covenant as to Sufficiency of General Receipts ...... 9 State Legislation Relative to University Fiscal Difficulties ...... 9 Annual Debt Service Charges ...... 11 OUTSTANDING GENERAL RECEIPTS BONDS ...... 12 PLAN OF FINANCING ...... 13 General ...... 13 Sources and Uses of Funds ...... 13 Refunded Bonds* ...... 14 2017 Projects ...... 15 Future Financing ...... 15 THE TRUST AGREEMENT ...... 15 University Budgeting Requirements...... 15 Funds and Accounts ...... 15 Covenants of the University ...... 17 Events of Default and Remedies ...... 17 Enforcement by Mandamus ...... 19 Defeasance ...... 19 Supplemental Trust Agreements...... 20 Additional Bonds ...... 20 Annual Reports and Records ...... 21 Trustee ...... 21 TAX EXEMPTION ...... 22 General ...... 22 Risk of Future Legislative Changes and/or Court Decisions ...... 23 Original Issue Premium ...... 24 Original Issue Discount ...... 24 CONTINUING DISCLOSURE ...... 25 LEGAL MATTERS ...... 25 ELIGIBILITY UNDER OHIO LAW FOR INVESTMENT AND AS SECURITY FOR THE DEPOSIT OF PUBLIC MONEYS ...... 26 LITIGATION ...... 26 RATINGS ...... 26
i
FINANCIAL ADVISOR ...... 27 UNDERWRITING ...... 27 INDEPENDENT AUDITORS ...... 27 VERIFICATION OF MATHEMATICAL COMPUTATIONS ...... 28 CONCLUDING STATEMENT AND SIGNATURES ...... 28 APPENDIX A THE OHIO UNIVERSITY ...... A-1 APPENDIX B AUDITED FINANCIAL STATEMENTS AS OF AND FOR THE YEARS ENDED JUNE 30, 2015 AND 2016 ...... B-1 APPENDIX C BOOK-ENTRY SYSTEM; DTC ...... C-1 APPENDIX D FORM OF OPINION OF BOND COUNSEL ...... D-1 APPENDIX E FORM OF CONTINUING DISCLOSURE CERTIFICATE ...... E-1
ii
THE OHIO UNIVERSITY (A State University of Ohio)
$148,295,000* GENERAL RECEIPTS BONDS, SERIES 2017A
SELECTED SUMMARY STATEMENT
The following summary supplements certain of the information on the cover page and summarizes other selected information in this Official Statement relating to the $148,295,000* The Ohio University (A State University of Ohio) General Receipts Bonds, Series 2017A (the "Series 2017A Bonds"). It is not intended as a substitute for the more detailed discussions in this Official Statement, to which reference should be made.
ISSUER. The Series 2017A Bonds are obligations of The Ohio University (the "University"), a state university of the State of Ohio.
SECURITY AND SOURCES OF PAYMENT. The Series 2017A Bonds are special obligations of the University and are payable from and secured by a pledge of and lien on the General Receipts of the University on a parity basis with the lien on General Receipts securing certain outstanding obligations of the University and any additional parity obligations that may be issued by the University. See "SECURITY FOR AND SOURCES OF PAYMENT FOR THE BONDS– Pledge of General Receipts," "THE TRUST AGREEMENT" and APPENDIX A for further information. Owners have no right to have excises or taxes levied by the General Assembly for the payment of the principal of, premium, if any, or interest on the Series 2017A Bonds.
PURPOSE OF SERIES 2017A BONDS. The Series 2017A Bonds are issued to (i) acquire, construct, equip, furnish, reconstruct, alter, enlarge, remodel, renovate, rehabilitate, and improve University facilities, (ii) refund Refunded Bonds (as defined herein) of the University, and (iii) pay costs of issuance. See "PLAN OF FINANCING."
PRIOR REDEMPTION.* The Series 2017A Bonds maturing on or after December 1, 2027 are subject to redemption at the option of the University prior to their stated maturities, on any date on or after ______1, 202_, in whole or in part (as selected by the University and in integral multiples of $5,000), at a redemption price equal to 100% of the principal amount redeemed, plus accrued interest to the redemption date. See "SUMMARY OF CERTAIN TERMS OF THE SERIES 2017A BONDS —Redemption Prior to Maturity."
FORM AND MANNER OF MAKING PAYMENTS. The Series 2017A Bonds will be issued as fully registered bonds, one for each maturity bearing the same interest rate, issued in $5,000 denominations and integral multiples thereof, issuable under a book-entry-only method and registered initially in the name of The Depository Trust Company, New York, New York, or its nominee Cede & Co. ("DTC"). There will be no distribution of Series 2017A Bonds to the ultimate purchasers. The Series 2017A Bonds in certificated form as such will not be transferable or exchangeable, except for transfer to another nominee of DTC or as otherwise described in this Official Statement. For further information regarding the book entry method see "APPENDIX C — BOOK-ENTRY SYSTEM; DTC."
TAX EXEMPTION. In the opinion of Bond Counsel, under existing law (i) assuming continuing compliance with certain covenants and the accuracy of certain representations, interest on the Series 2017A Bonds is excludible from gross income for federal income tax purposes and is not an item of tax preference
* Preliminary; subject to change.
1
for purposes of the federal alternative minimum tax imposed on individuals and corporations under the Internal Revenue Code of 1986, as amended, and (ii) the Series 2017A Bonds, the transfer thereof, and the income therefrom, including any profit made on the sale thereof, are free from all Ohio state and local taxation, except the estate tax, the domestic insurance company tax, the dealers in intangibles tax, the tax levied on the basis of the total equity capital of financial institutions, and the net worth base of the corporate franchise tax. Interest on the Series 2017A Bonds may be subject to certain federal taxes imposed only on certain corporations, including the corporate alternative minimum tax on a portion of that interest. See "TAX EXEMPTION" herein.
TRUSTEE, BOND REGISTRAR AND ESCROW AGENT. U.S. Bank National Association, acting through its designated corporate trust office in Cleveland, Ohio.
BOND COUNSEL. Dinsmore & Shohl LLP.
MUNICIPAL ADVISOR. Prager & Co., LLC.
UNDERWRITERS. Goldman, Sachs & Co., Barclays Capital Inc., The Huntington Investment Company and PNC Capital Markets LLC (collectively, the "Underwriters"). The Series 2017A Bonds have been purchased by the Underwriters at a price of $______. See "UNDERWRITING."
UNDERWRITERS' COUNSEL. Squire Patton Boggs (US) LLP.
VERIFICATION AGENT. Causey Demgen & Moore P.C.
[THIS SPACE INTENTIONALLY LEFT BLANK]
2
OFFICIAL STATEMENT
$148,295,000** THE OHIO UNIVERSITY (A State University of Ohio) General Receipts Bonds, Series 2017A
INTRODUCTION
General
This Official Statement is furnished to provide certain information in connection with the original issuance and sale by The Ohio University (the "University"), a state university of Ohio, of its General Receipts Bonds, Series 2017A (the "Series 2017A Bonds"), to be issued to (i) finance certain University Facilities, as defined herein, (ii) refund the Refunded Bonds, as defined herein, and (iii) pay costs of issuance. See "PLAN OF FINANCING".
The Series 2017A Bonds are being issued pursuant to Sections 3345.11 and 3345.12 of the Ohio Revised Code (the "Act"), the general bond resolution (the "General Bond Resolution") adopted by the Board of Trustees of the University (the "Board") on December 8, 2000, the series resolution with respect to the Series 2017A Bonds (the "Series 2017A Resolution") adopted by the Board on August 25, 2016, a Trust Agreement dated as of May 1, 2001 (the "Master Trust Agreement"), as supplemented to date and as supplemented by the Fourteenth Supplemental Trust Agreement dated as of March 1, 2017 to be entered into in connection with the issuance of the Series 2017A Bonds (the "Fourteenth Supplemental Trust Agreement," and collectively with the Master Trust Agreement as previously supplemented, the "Trust Agreement"), each between the University and U.S. Bank National Association (the "Trustee"), as successor trustee to National City Bank, with its designated corporate trust office in Cleveland, Ohio. The General Bond Resolution, the Series 2017A Resolution and the Trust Agreement are collectively referred to in this Official Statement as the "Agreement."
Pursuant to the Act, the University is authorized to acquire by purchase, lease, lease-purchase, lease with option to purchase, or otherwise, construct, equip, furnish, reconstruct, alter, enlarge, maintain, repair, and operate, and lease to and from others, "University Facilities" as hereinafter defined, and to pay all or part of the costs of the University Facilities, and to refund, fund or repay prior obligations issued for that purpose, by the issuance of obligations payable from General Receipts of the University. The General Bond Resolution and the Master Trust Agreement authorize the issuance of certain obligations of the University (the "Bonds"), and the Series 2017A Resolution and Fourteenth Supplemental Trust Agreement specifically authorize the issuance of the Series 2017A Bonds as a series of the Bonds under the Master Trust Agreement. See "THE TRUST AGREEMENT -- Additional Bonds".
The Series 2017A Bonds and Sources of Payment and Security
The Series 2017A Bonds are one in a series of the University's Bonds issued and to be issued under the General Bond Resolution and the Master Trust Agreement. See "PLAN OF FINANCING" and APPENDIX A – "THE UNIVERSITY - Outstanding Debt and Other Obligations".
The University's Bonds represent a type of financing of facilities by state universities of Ohio authorized by an amendment to the Ohio Constitution as implemented by the Act. Significant elements of
** Preliminary; subject to change.
3
the Series 2017A Bond financing are the broad scope and gross pledge character of the security afforded to the Bonds, including the Series 2017A Bonds, and the simplicity and flexibility provided by permitting all authorized types of facilities to be financed under one open-end trust agreement. Security provisions include the pledge to the Bonds of the General Receipts of the University, which include the full amount of every type and character of receipts, excepting only those specifically excluded. In Fiscal Year 2016, the pledged General Receipts of the University amounted to $564,220,981. The University estimates its General Receipts for Fiscal Year 2017 will be $589,900,000. See "SECURITY FOR AND SOURCES OF PAYMENT OF THE BONDS – Pledge of General Receipts".
The Series 2017A Bond proceedings provide for mandatory annual budgeting by the University of its General Receipts in an amount sufficient to pay the Debt Service Charges on all Bonds, including the Series 2017A Bonds, when due in each Fiscal Year. With respect to the Series 2017A Bonds, payments from the General Receipts are to be made to the Trustee not later than five business days prior to any date when Debt Service Charges are due and to be deposited in the Debt Service Account in the Debt Service Fund held in the custody of the Trustee. Amounts in the Debt Service Account are to be applied by the Trustee to pay Debt Service Charges on the Series 2017A Bonds when due. See "THE TRUST AGREEMENT – Funds and Accounts."
Other security provisions include the covenant of the University to fix, make, adjust and collect items of General Receipts to produce at all times General Receipts at least sufficient to pay Debt Service Charges on its Bonds, including the Series 2017A Bonds, and satisfy other requirements with respect to the Bonds and, together with other moneys available, to pay all costs and expenses necessary for the proper maintenance and successful and continuous operation of the University. See "SECURITY FOR AND SOURCES OF PAYMENT OF THE BONDS -- Covenant as to Sufficiency of General Receipts".
The General Bond Resolution and the Master Trust Agreement are the basic documents pertaining to all Bonds, including the Series 2017A Bonds, and prescribe the conditions for the issuance of additional Bonds ("Additional Bonds"). For each issue of Additional Bonds, a series resolution, setting forth detailed provisions for that issue, is to be adopted by the Board. The Master Trust Agreement requires a historical coverage test of General Receipts to be met as a condition of issuing Additional Bonds. See "THE TRUST AGREEMENT -- Additional Bonds".
The proceeds of all Bonds are to be applied solely to pay costs of "University Facilities," as hereinafter defined, or to refund outstanding obligations issued for that purpose, as specifically provided and allocated in the applicable Series Resolution.
University Facilities are defined in the General Bond Resolution as any "facilities," as defined in the Act, for the financing of which the University is authorized to issue Bonds. Under the Act, "facilities" include buildings, structures and other improvements, and equipment, real estate and interests in real estate therefor, to be used for or in connection with, classrooms or other instructional facilities, libraries, administrative and office facilities, and other facilities for student activity or student service facilities, housing and dining facilities, dining halls, and other food service and preparation facilities, vehicular parking facilities, bookstores, athletic and recreational facilities, faculty centers, auditoriums, assembly and exhibition halls, hospitals, infirmaries and other medical and health facilities, research, and continuing education facilities and includes any one, part of, or any combination of such facilities, and further includes site improvements, utilities, machinery, furnishings, and any separate or connected buildings, structures, improvements, sites, open space and green space areas, utilities or equipment to be used in, or in connection with the operation or maintenance of, or supplementing or otherwise related to the services or facilities to be provided by, such facilities.
4
Constitutional and Statutory Authorization
The Series 2017A Bonds are authorized pursuant to the Act, enacted under authority of the Ohio Constitution and particularly Section 2i of Article VIII thereof which provides in relevant part that the General Assembly may authorize the issuance of revenue obligations and other obligations for capital improvements for State supported and State assisted institutions of higher education, which obligations may be secured by a pledge under law of all or such portion of receipts of these institutions as the General Assembly authorizes. Section 2i further provides that the owners or holders of those obligations, such as holders of the Series 2017A Bonds, are not given the right to have excises or taxes levied by the General Assembly for the payment of principal or interest.
The Act implements that constitutional authority. It authorizes the issuance by the University of its Bonds, including the Series 2017A Bonds, to pay all or part of the cost of University Facilities and to refund and retire obligations previously issued for such purpose; authorizes the pledge to the Bonds, including the Series 2017A Bonds, of all or such part of the "available receipts" of the University as the University determines in the bond proceedings (referred to as "General Receipts" in the Agreement); and provides that the pledge of and lien on General Receipts may, as provided for in the Agreement, be made prior to all other expenses, claims or payments.
SUMMARY OF CERTAIN TERMS OF THE SERIES 2017A BONDS
General
The Series 2017A Bonds will be dated their date of delivery, and will bear interest from that date, such interest to be payable on each June 1 and December 1 (each, an "Interest Payment Date"), commencing June 1, 2017. The Series 2017A Bonds will mature on December 1 in the years and in the principal amounts set forth on the cover of this Official Statement. The Series 2017A Bonds are subject to optional and mandatory sinking fund redemption prior to maturity. The Series 2017A Bonds are issuable as fully registered bonds in denominations of $5,000 and integral multiples thereof. Interest on the Series 2017A Bonds will be calculated based on a year of 360 days, consisting of twelve 30-day months.
Book Entry Only System
The Series 2017A Bonds will be issued and issuable only as one fully registered bond for each maturity bearing the same interest rate in the name of Cede & Co., as nominee for The Depository Trust Company ("DTC"), New York, New York, as Holder of all the Series 2017A Bonds. The fully registered Series 2017A Bonds will be retained and immobilized in the custody of DTC. For discussion of the book entry system and DTC, see APPENDIX C – BOOK-ENTRY SYSTEM; DTC. DTC (or any successor securities depository), or its nominee, for all purposes under the Trust Agreement will be considered to be the sole Holder of the Series 2017A Bonds.
Payments of Debt Service Charges on the Series 2017A Bonds
The principal of the Series 2017A Bonds will be payable to the Holder (initially DTC, or its nominee) upon presentation and surrender of the Series 2017A Bonds at the designated corporate trust office of the Trustee as Paying Agent for the Series 2017A Bonds. The Series 2017A Bonds will bear interest on their unpaid principal amounts payable on each Interest Payment Date, beginning June 1, 2017 to the Holder (initially DTC, or its nominee) at the address shown on the Register as of the close of business on the 15th day of the calendar month next preceding such interest payment date (the "Regular Record Date"); provided that, so long as the Series 2017A Bonds remain in book-entry form, the Trustee for the Series 2017A Bonds will make any payment of Debt Service Charges by wire transfer of funds on each Interest Payment Date.
5
Redemption Prior to Maturity
The Series 2017A Bonds are subject to optional and mandatory sinking fund redemption prior to maturity as described below.
Optional Redemption*. The Series 2017A Bonds maturing on and after December 1, 2027 are subject to optional redemption by the University on or after ______1, 202_, in whole or in part on any date, in such order of maturity as the University shall determine, at a redemption price of 100% of the principal amount to be redeemed, plus interest accrued to the redemption date.
Mandatory Sinking Fund Redemption*. The Series 2017A Bonds maturing on December 1, 2047 (the "Series 2017A Term Bond") are subject to redemption prior to maturity by lot on each December 1 as shown below, under the mandatory sinking fund provisions of the Trust Agreement, at a redemption price equal to the principal amount thereof plus interest accrued to the redemption date, without premium, as follows:
December 1 Year Principal Amount* 2044 $26,025,000 2045 27,360,000 2046 28,760,000 2047† 30,235,000 †Maturity
At its option, to be exercised on or before the forty-fifth day next preceding any such mandatory redemption date, the University may receive a credit in respect of its mandatory redemption obligation for the Series 2017A Term Bond which prior to said date has been purchased (in the open market) or redeemed (otherwise than through the operation of the sinking fund) and cancelled by the Trustee and not theretofore applied as a credit against any mandatory redemption obligation. Each Series 2017A Term Bond so previously purchased or redeemed shall be credited by the Trustee at 100% of the principal amount thereof against the obligation of the University on such mandatory redemption date and any excess shall be credited on future sinking fund redemption obligations with respect to Series 2017A Term Bonds, as directed by the University, and the principal amount of such Series 2017A Bonds to be redeemed by operation of the sinking fund shall be accordingly reduced.
The University shall on or before the forty-fifth day immediately preceding each mandatory redemption date furnish the Trustee with its certificate indicating whether and to what extent it shall exercise its right for such credit against such mandatory redemption and confirm that such funds for the balance of the next succeeding prescribed mandatory redemption will be paid on or before the fifth business day next preceding December 1. The Trustee shall redeem such an aggregate principal amount of such Series 2017 Term Bonds at 100% of the principal amount thereof plus accrued interest to the redemption date as will exhaust as nearly as practicable such credit.
Notice of Redemption and Payments. Notice of call for redemption of the Series 2017A Bonds shall be given by the Trustee on behalf of the University by mailing a copy of the redemption notice, at least 30 days prior to the date fixed for redemption, to the person in whose name such Series 2017A Bond to be redeemed in whole or in part is registered on the Register at the close of business on the 10th day preceding that mailing, at the address then appearing therein; provided that failure to receive notice by mailing, or any defect in that notice, as to any Series 2017A Bond shall not affect the validity of the
* Preliminary; subject to change.
6
proceedings for the redemption of any Series 2017A Bond. Any notice of redemption of the Series 2017A Bonds shall either (a) explicitly state that the proposed redemption is conditioned on there being on deposit in the Debt Service Account on the redemption date sufficient money to pay the full redemption price of the Series 2017A Bonds or portions thereof to be redeemed, or (b) be sent only if sufficient money to pay the full redemption price of the Series 2017A Bonds or portions thereof to be redeemed is on deposit in the Debt Service Account. If the Series 2017A Bonds or portions thereof are duly called for redemption and if on the redemption date moneys for the redemption of all the Series 2017A Bonds or portions thereof to be redeemed, together with interest to the redemption date, are held in the Debt Service Fund or by the Trustee or Paying Agent so as to be available therefor, then from and after that redemption date those Series 2017A Bonds shall cease to bear interest and no longer shall be considered to be outstanding.
Notice of the call for redemption of the Series 2017A Bonds held under a book entry system will be sent by the Trustee only to DTC or its nominee as registered owner. Selection of book entry interests in the Series 2017A Bonds called, and notice of call to the owners of those interests called, is the responsibility of DTC, Direct Participants and Indirect Participants. Any failure of DTC to advise any Direct Participant, or of any Direct Participant or any Indirect Participant to notify the book entry interest owners, of any such notice and its content or effect will not affect the validity of any proceedings for the redemption of the Series 2017A Bonds. See "SUMMARY OF CERTAIN TERMS OF THE SERIES 2017A BONDS - Book Entry Only System" and "APPENDIX C – BOOK-ENTRY SYSTEM; DTC" herein.
When less than the entire unmatured portion of the Series 2017A Bonds are called for redemption at any time or from time to time, the selection of such Series 2017A Bonds or portions of the Series 2017A Bonds is to be made by lot in such manner as determined by the Trustee.
If any Series 2017A Bonds are not presented for payment at the date fixed for their redemption and the funds for such payment are available therefor, the Holders of such Series 2017A Bonds will thereafter be restricted exclusively to the funds available for redemption for the satisfaction of any claim relating to such Series 2017A Bonds. Any such funds remaining unclaimed for three years after becoming due and payable shall be paid to the University and the Holders of such Series 2017A Bonds shall thereafter be entitled to look only to the University for payment and only in an amount equal to the amounts received by or paid to or on behalf of the University, without any interest thereon.
SECURITY FOR AND SOURCES OF PAYMENT OF THE BONDS
Introduction
The Series 2017A Bonds are being issued pursuant to, and will be secured by, the Trust Agreement. The principal of and interest on the Series 2017A Bonds will be payable from General Receipts of the University.
Enforceability of the provisions of the Series 2017A Bonds and the Trust Agreement may be subject to bankruptcy, insolvency, reorganization, moratorium or other laws in effect from time to time affecting creditors' rights, and to the exercise of judicial discretion in accordance with general principles of equity.
The payment of Debt Service Charges on the Series 2017A Bonds shall be equally and ratably secured by a pledge and assignment of the Debt Service Fund and of the General Receipts without priority by reason of series, designation, form, number, date of authorization, issuance, sale, execution, authentication or delivery, or date or maturity of any Bonds issued pursuant to the Trust Agreement.
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The Series 2017A Bonds shall be special obligations of the University payable solely from the General Receipts, the amounts deposited in the Debt Service Fund and other moneys as provided in the Trust Agreement. The Holders of the Series 2017A Bonds have no right to have the Board, the General Assembly of the State of Ohio or the legislative authority of any political subdivision levy any excises or taxes for the payment of Debt Service Charges.
The General Bond Resolution establishes the Debt Service Fund, a special fund held by the Trustee, for the payment of Debt Service Charges. The University is to make payments to the Debt Service Account of the Debt Service Fund not later than five (5) business days prior to each date Debt Service Charges are payable.
Pledge of General Receipts
General Receipts of the University pledged to the security of the Series 2017A Bonds include virtually all the receipts of the University, excepting only receipts expressly excluded by the Trust Agreement. Among receipts expressly excluded from General Receipts are State appropriations, which for the University's Fiscal Year 2016 accounted for approximately $161,462,302 or approximately 23% of the University's combined operating revenues and State appropriations.
The General Receipts, as defined in the General Bond Resolution, consist of all moneys received by the University including but not limited to all gross fees, deposits, charges, receipts and income from all or any part of the students of the University, whether designated as tuition, instructional fees, tuition surcharges, general fees, activity fees, health fees or other special purpose fees or otherwise designated; all gross income, revenues and receipts from the operation, ownership or control of University Facilities; all grants, gifts, donations and pledges and receipts therefrom; and the proceeds of the sale of obligations, including proceeds of obligations issued to refund or advance refund obligations previously issued, to the extent and as allocated to the payment of Debt Service Charges under the proceedings authorizing those obligations.
The exclusions from the General Receipts consist of: moneys raised by taxation and State appropriations until and unless their pledge to the payment of Debt Service Charges is authorized by law and is made by a supplemental trust agreement approved by the University's Board of Trustees; any grants, gifts, donations and pledges, and receipts therefrom, which under restrictions imposed in the grant or promise or as a condition of the receipt are not available for payment of Debt Service Charges or any special fee charged to restore any deficiency in debt service payments on lease-appropriation bonds issued by the State and receipts therefrom. That fee, relating to lease-appropriation bonds of the State, has never been required to be imposed and is not anticipated to be required to be imposed. There are no such State lease-appropriation bonds outstanding and to the knowledge of the University, no such lease- appropriation bonds of the State are intended to be issued. No moneys raised by taxation or State appropriations are pledged to the payment of Debt Services Charges.
The University covenants in the Trust Agreement to include in its budget for each Fiscal Year amounts from its General Receipts at least sufficient to pay the Debt Service Charges on its Bonds, including the Series 2017A Bonds, when due and to satisfy other requirements with respect to the Bonds. See "THE TRUST AGREEMENT -- University Budgeting Requirements".
Pursuant to the Act, upon their receipt by the University the General Receipts are immediately subject to the lien of the pledge made by the Trust Agreement, and the lien of that pledge is valid against all parties having claims of any kind, regardless of notice, and creates a perfected security interest without necessity for prior separation, physical delivery, filing or recording or further act by the University.
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The total estimated General Receipts for the current Fiscal Year (2017) is $589,900,000. The General Receipts of the University for the five Fiscal Years ended June 30, 2016, are set forth in the chart below.
General Receipts
Fiscal Year 2012 2013 2014 2015 2016 Student Fees and Tuition(1) $347,307,594 $374,164,780 $379,789,082 $391,886,246 $404,421,772 Auxiliary Enterprises(2) 96,748,008 94,966,777 101,448,181 114,799,222 114,302,148 Other Unrestricted General 42,906,367 56,696,999 70,509,331 55,512,658 45,497,061 Income(3) Total General Receipts $486,961,969 $525,828,556 $551,746,594 $562,198,126 $564,220,981
(1) Student Fees and Tuition include: Instructional, Out-of-State Tuition Surcharge, General and all other student fees. (2) Includes income from intercollegiate athletics, residential housing, culinary services, parking and transportation services. (3) Includes sales and service revenue, royalty income, unrestricted investment income and all other unrestricted revenue sources. Source: Financial Statements and reports of the University for the Fiscal Years ended June 30, 2012, 2013, 2014, 2015 and 2016.
Covenant as to Sufficiency of General Receipts
The Series 2017A Bonds are further secured by the University's covenant in the General Bond Resolution that the University will fix, make, adjust and collect fees, rates, rentals and charges and other items of General Receipts as will produce at all times General Receipts at least sufficient to pay Debt Service Charges on its Bonds, including the Series 2017A Bonds, when due and, together with other moneys lawfully available, to pay all costs and expenses required to be paid under the proceedings for the Series 2017A Bonds and all other costs and expenses for the proper maintenance and successful and continuous operation of the University (see discussion of University fees and charges under APPENDIX A - "THE UNIVERSITY -- Fees and Charges.")
State Legislation Relative to University Fiscal Difficulties
The Ohio General Assembly has enacted Sections 3345.70 to 3345.78 of the Ohio Revised Code (hereinafter in this section the "Fiscal Watch Act") providing methods for dealing with fiscal difficulties of state-supported universities and colleges in Ohio.
Under the Fiscal Watch Act, a board of trustees of a state university may declare that the university is in a state of fiscal exigency. So long as such fiscal exigency exists, the board must (1) file quarterly reports on an annualized budget, comparing the budget to actual spending with projected expenses for the remainder of the year (those reports to include narrative explanations as appropriate); (2) place all residence hall and meal fees in a rotary account dedicated to the upkeep and maintenance of the dormitory buildings and to fund meal programs; (3) place moneys for the operation of residence hall and meal programs in separately maintained auxiliary funds in the university accounting system; and (4) file the minutes from their board of trustees meetings with the chancellor of higher education within thirty days of their meetings. The actions described in (2) and (3) above are subject to the applicable bond proceedings for the university's bonds, if any, and to any applicable pledges therefor in connection with those bonds. In addition, during such period of fiscal exigency, a university may not use State funds to provide grants or scholarships to out-of-state students or subsidize off-campus housing or subsidize transportation to and from off-campus housing.
In addition, pursuant to the Fiscal Watch Act, the Chancellor shall make a determination that a university is under "fiscal watch" if certain criteria are met. Those criteria include a variety of financial indicators and standards of using those indicators, including but not limited to the following: whether the university fails to submit its fiscal year financial statements to the State Auditor, whether the university
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fails to obtain audited year-end financial statements, if the university fails to meet certain composite result financial ratios (viability, primary reserve and net income) established by the State, if the university requests an advance of State subsidy money, whether the university is delayed or fails to make any payments to applicable retirement systems required to be made, if the university fails to make any scheduled payroll payments, whether the university fails to make any payments to vendors as a result of a cash deficiency or a substantial deficiency in the payment processing system of the university, if the university fails to make any scheduled payment of principal or interest for short-or long-term debt, whether the university revises its original budget for the fiscal year and the revision will result in a substantially reduced ending fund balance or larger deficit, and if the university projects a significant negative variance between its most recently adopted annual budget and actual revenues or expenses at the end of the fiscal year.
Further, under certain circumstances the Chancellor of Higher Education may, after consultation with the State Office of Budget and Management, determine that a university under fiscal watch is experiencing such fiscal difficulties to warrant the appointment of a conservator. Under those circumstances, the Chancellor shall request certification from the State Office of Budget and Management that the university is experiencing sufficient fiscal difficulties to warrant the appointment of a conservator, and upon receipt of that certification, the Chancellor shall then certify this determination to the Governor.
After a conservator is appointed, all duties, responsibilities and powers of the institution's board of trustees are suspended and the management and control of the institution are assumed by the conservator, who also assumes custody of all property of the institution and the duties of the institution's president or chief executive officer. The conservator also conducts a preliminary performance evaluation of the institution's president or chief executive officer.
Within 30 days after the appointment of a conservator, the Governor must appoint, with the advice and consent of the State Senate, a five-member governance authority (the "Authority"). The Authority appoints an executive director and conducts a final evaluation of the institution's president or chief executive officer, who may be reinstated or terminated by the Authority. The Authority assumes management and control of the institution and its property from the conservator. The Authority also must prepare periodic reports about the institution including any progress in implementing reforms at the institution.
At least annually, the Authority must apply the fiscal watch criteria to the institution to determine whether sufficient fiscal stability has been achieved to warrant terminating the Authority's governance of the institution, and if so, the Authority must certify such finding to the Governor. The Governor may then issue an order terminating the Authority and fill vacancies on the board of trustees of such institution, which board assumes management and control of the institution and its property from the Authority.
The administration of the University has reviewed applicable portions of the Fiscal Watch Act and the applicable rules of the State Office of Budget and Management, as well as records pertaining to the University's circumstances with respect to the Fiscal Watch Act, and is of the opinion that, with respect to the University, no circumstances or conditions exist that will cause a fiscal watch condition to be determined to exist under the Fiscal Watch Act.
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Annual Debt Service Charges
The following table represents the annual Fiscal Year Debt Service Charges for all outstanding General Receipts Bonds (all outstanding Bonds and excluding indebtedness incurred outside of the Master Trust Agreement).
Debt Service Charges on Outstanding General Receipts Bonds1
Series 2017A Bonds Fiscal Year Ending Outstanding General Total Debt June 30 Receipts Debt Service2 Principal Interest Total Service 2017 $ 42,939,127 2018 40,823,797 2019 40,328,993 2020 37,429,921 2021 33,835,401 2022 33,803,682 2023 33,822,834 2024 33,008,697 2025 32,809,252 2026 30,593,837 2027 30,566,204 2028 30,157,742 2029 28,086,518 2030 28,087,663 2031 28,077,063 2032 28,081,506 2033 25,219,588 2034 25,211,888 2035 24,566,113 2036 24,570,250 2037 24,553,163 2038 23,208,225 2039 23,224,750 2040 23,209,175 2041 23,206,125 2042 23,194,575 2043 23,203,300 2044 20,842,500 2045-21143 13,975,000 2115 256,987,500
(1) Numbers rounded to the nearest dollar. (2) Net of Federal subsidy payments with respect to Tax Credit QECB Bond issued by the State of Ohio Air Quality Development Authority for the benefit of the University; column includes debt service on bonds anticipated to be refunded by Series 2017A Bonds. (3) Interest on the Series 2014 Bonds beginning in Fiscal Year 2045 and ending in Fiscal Year 2114 is $13,975,000 per year and the aggregate debt service over the period is $978,250,000. (4) Does not include Ohio University Foundation Debt.
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OUTSTANDING GENERAL RECEIPTS BONDS
The University has issued from time to time its Bonds secured by the pledge of its General Receipts or revenue from income producing facilities. The University has never failed to pay punctually and in full all amounts due on any indebtedness.
The University's General Receipts Bonds outstanding as of January 1, 2017, including the original par amount of those Bonds at the time of issuance, consists of the following:
Original Principal Principal Amount General Receipts Bonds Amount Outstanding
Series 2006A† $ 28,145,000 $14,950,000 Series 2006B† 29,170,000 17,920,000 Series 2008A† 13,345,000 7,540,000 Series 2009 26,645,000 9,190,000 Series 2012 76,470,000 59,025,000 OAQDA — Series 2012A 20,140,370 12,761,483 OAQDA — Series 2012B 8,500,000 8,500,000 Series 2013 145,170,000 128,650,000 Series 2014 250,000,000 250,000,000
Total General Receipts Bonds $597,585,370 $508,536,483
Original Principal Principal Amount Other Debt Amount Outstanding Term Loan (OU Inn) $ 4,000,000 $1,607,300 Housing for Ohio†† 31,985,000 23,375,000
Total Other Debt $35,985,000 $24,982,300
Total Debt $633,570,370 $533,518,783
[THIS SPACE INTENTIONALLY LEFT BLANK]
† All or a portion of outstanding securities expected to be refunded by the Series 2017A Bonds. †† Indebtedness to be completely extinguished on February 1, 2017.
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PLAN OF FINANCING
General
The Series 2017A Bonds are being issued to (i) finance a portion of the 2017 Projects, described below, which constitute University Facilities, (ii) refund the Refunded Bonds, described below, and (iii) pay costs of issuance of the Bonds.
Sources and Uses of Funds
The proceeds of the Series 2017A Bonds (exclusive of any accrued interest), are expected to be applied for the following uses and in the following respective amounts:
Sources of Funds: Par Amount of the Series 2017A Bonds Net Original Issue Premium Total Sources
Uses of Funds: Deposit to Series 2017A Projects Account for University Facilities Deposit to Escrow Account for Advance Refunded Bonds Deposit to Debt Service Fund for Current Refunded Bonds Costs of Issuance(1) Total Uses (1) Including underwriters' discount, verification fees, legal fees, trustee fees, printing and other costs of issuance.
[THIS SPACE INTENTIONALLY LEFT BLANK]
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Refunded Bonds*
On the date of delivery of the Series 2017A Bonds, a portion of the proceeds of the Series 2017A Bonds will be used to refund the following maturities of outstanding Bonds (the "Refunded Bonds")*:
Bond Maturity Date Interest Rate Par Amount Call Date Call Price
Series 2006A 12/01/2017 5.000% $1,580,000.00 03/01/2017 100.000% 12/01/2018 5.000% 1,660,000.00 03/01/2017 100.000 12/01/2019 4.200% 1,735,000.00 03/01/2017 100.000 12/01/2020 4.750% 1,815,000.00 03/01/2017 100.000 12/01/2021 4.750% 1,900,000.00 03/01/2017 100.000 12/01/2022 4.750% 1,990,000.00 03/01/2017 100.000 12/01/2023 4.750% 2,085,000.00 03/01/2017 100.000 12/01/2024 4.750% 2,185,000.00 03/01/2017 100.000
Series 2006B 12/01/2017 4.250% 990,000.00 03/01/2017 100.000 12/01/2019 4.125% 1,165,000.00 03/01/2017 100.000 12/01/2021 5.000% 1,270,000.00 03/01/2017 100.000 12/01/2023 5.000% 1,405,000.00 03/01/2017 100.000 12/01/2026 4.375% 2,360,000.00 03/01/2017 100.000 12/01/2031 5.000% 4,740,000.00 03/01/2017 100.000 12/01/2036 4.500% 5,990,000.00 03/01/2017 100.000
Series 2008A 12/01/2018 4.500% 315,000.00 06/01/2018 100.000 12/01/2019 4.250% 325,000.00 06/01/2018 100.000 12/01/2020 4.375% 340,000.00 06/01/2018 100.000 12/01/2021 4.450% 355,000.00 06/01/2018 100.000 12/01/2022 4.500% 375,000.00 06/01/2018 100.000 12/01/2023 4.550% 390,000.00 06/01/2018 100.000 12/01/2028 4.800% 2,260,000.00 06/01/2018 100.000 12/01/2033 5.000% 2,880,000.00 06/01/2018 100.000
On the date of delivery and payment, a portion of the proceeds of the Series 2017A Bonds will be used to (i) redeem the Refunded Bonds shown above that are callable on March 1, 2017 (the "Current Refunded Bonds"), and (ii) purchase eligible government obligations (the "Defeasance Obligations") to be held in trust by U.S. Bank National Association, as escrow agent for the Refunded Bonds shown above that are callable June 1, 2018 (the "Advance Refunded Bonds"), to provide for payment of principal of and interest on the Advance Refunded Bonds as and when due and the redemption of those Advance Refunded Bonds on their earliest permitted call date, June 1, 2018, as shown above. The mathematical accuracy of (a) the computations of the adequacy of the cash and the maturing principal and interest earned on the Defeasance Obligations to be purchased to provide for the payment of the principal and interest due and to be due on the Advance Refunded Bonds, and (b) the computations supporting the conclusion by Bond Counsel that the Series 2017A Bonds are not "arbitrage bonds" under Section 148 of the Internal Revenue Code of 1986, as amended, will be verified by Causey Demgen & Moore P.C.
Upon the purchase and deposit of the cash and the Defeasance Obligations, receipt of the verification report and compliance with the other defeasance provisions of the Master Trust Agreement, the Advance Refunded Bonds will be deemed to have been paid and will no longer be considered
* Preliminary; subject to change.
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outstanding debt of the University, and will be called for redemption on their earliest permitted call date of June 1, 2018 and at the call price shown above.
2017 Projects
A portion of the proceeds of the Series 2017A Bonds will be used to pay the costs of the "2017 Projects," being the acquisition, construction, renovation, rehabilitation, improvements and upgrades to academic buildings, student housing and student dining facilities, including, but not limited to, the McCracken Hall renovation and addition, Grover Center expansion, Alden Library renovation, Clippinger Renovation Phase I, Engineering Research/Consolidation and expansion, Facilities/RMS/Administrative relocation, HCOM Athens, Ellis Hall upgrades, Tanaka Hall, Luchs Hall, Sowle Hall, Carr Hall and Jefferson Hall, Jefferson Dining Hall, Shively Dining Hall, and Nelson Dining Hall.
To the extent revenues from the 2017 Projects are included in the "General Receipts" of the University, those revenues are pledged for repayment of the Bonds, including the Series 2017A Bonds. However, the lawfully authorized and pledged sources of payment for the Bonds, including the Series 2017A Bonds, are not limited to the revenues that are General Receipts associated with the 2017 Projects. All of the General Receipts of the University are pledged to the payment of the Debt Service Charges on the Bonds, including the Series 2017A Bonds.
Future Financing
The University periodically evaluates cost savings which could be achieved by restructuring its outstanding Bonds. In addition, the University periodically reviews its various capital needs, including projects to address deferred maintenance.
THE TRUST AGREEMENT
The following is a summary of certain provisions of the Master Trust Agreement, as supplemented and including as supplemented by the Fourteenth Supplemental Trust Agreement, and does not purport to be complete. The Trust Agreement contains provisions, among others, as to funds, Series 2017A Bond authentication, registration, transfer, exchange and replacement; redemption; events of default and remedies; duties of the Trustee (and any successor); supplemental trust agreements; and defeasance. Certain provisions of the Trust Agreement as to University budgeting requirements, funds, University covenants, events of default and remedies, enforcement by mandamus, defeasance, supplemental trust agreements, Additional Bonds, annual reports and records, and the Trustee are summarized below.
University Budgeting Requirements
In the Trust Agreement the University has covenanted that it will include in its budget for each Fiscal Year and provide annually from General Receipts in amounts at least sufficient to pay in that year the Debt Service Charges on the Bonds and satisfy other requirements with respect to the Bonds. The budgeted amounts from various sources of General Receipts must, in the aggregate, at all times be sufficient in amounts and times of collection to meet all payments required to be made into the Debt Service Fund from General Receipts in that Fiscal Year. Those budgets can and must be revised from time to time during a Fiscal Year to reflect any changes necessary to meet those requirements.
Funds and Accounts
Debt Service Fund. The Debt Service Fund (the "Debt Service Fund") is held by the Trustee and the moneys and investments in it are pledged to and are to be applied exclusively to the payment of Debt
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Service Charges. The Trust Agreement establishes the Debt Service Account, as an account of the Debt Service Fund, and permits other accounts to be established as special accounts within the Debt Service Fund as may be provided in any series resolution in connection with the issuance of Additional Bonds and in certain other circumstances. Other accounts may include a debt service reserve account for one or more series of Bonds. No debt service reserve is provided for the Series 2017A Bonds.
The Debt Service Account is pledged to, and is to be used solely for, the payment of Debt Service Charges as they fall due upon stated maturity or by operation of mandatory redemption requirements. Not later than five (5) days prior to any date upon which any Debt Service Charges fall due, the University is to pay to the Trustee, from General Receipts, (i) amounts to the credit of the Debt Service Account which, together with other available moneys in that account, are sufficient to pay the Debt Service Charges then coming due, and (ii) amounts to any debt service reserve account which are sufficient to meet any requirement in a series resolution for funding such a reserve. No debt service reserve is provided for the Series 2017A Bonds.
Facilities Fund and Series 2017A Projects Account. The Trust Agreement establishes the Series 2017 Projects Account within the Facilities Fund (the "Series 2017A Projects Account") in the custody of the University or the Trustee. The proceeds of the Series 2017A Bonds applicable to the 2017 Projects (excluding accrued interest and capitalized interest, if any, which will be deposited in the Debt Service Account) will be deposited in the Series 2017A Projects Account. The Series 2017A Projects Account may be disbursed only for costs of the 2017 Projects, including costs associated with the issuance of the Series 2017A Bonds. The Series 2017A Projects Account is not pledged to the payment of the Series 2017A Bonds. Upon completion of the 2017 Projects, any amount remaining in the Series 2017A Projects Account shall be transferred to the Debt Service Account.
Rebate Fund. The Trust Agreement established the Rebate Fund. While Bonds, including the Series 2017A Bonds, are outstanding and subject to the rebate requirements of Section 148(f) of the Code and implementing regulations (and subject to change consistent with rebate requirements), the University is to calculate, or to have calculated, the amount of the arbitrage earnings on the proceeds of the Bonds. If the amount of arbitrage earnings in the Rebate Fund is less than the arbitrage earnings, the University is required to pay an amount equal to the deficiency to the Trustee for deposit in the Rebate Fund. If the amount attributable to arbitrage earnings on deposit in the Rebate Fund is greater than the arbitrage earnings, the Trustee will pay the excess in the Rebate Fund to the University. The Trustee is required to use the moneys in the Rebate Fund to make any required payments of arbitrage earnings to the United States in accordance with Section 148(f) of the Code.
Any amounts on deposit in the Rebate Fund are not pledged to the payment of Debt Service Charges.
Eligible Investments. Under the Trust Agreement, amounts in the Debt Service Fund may be invested in Eligible Investments, as more fully described in the Trust Agreement, and including bonds or other obligations which as to principal and interest constitute (i) direct obligations of, or obligations which are unconditionally guaranteed by, the United States of America; (ii) obligations issued by any agency or instrumentality of the United States of America; (iii) tax-exempt general obligations of any state of the United States or any political subdivision thereof, provided such obligation carries the highest ratings of Moody's or Standard & Poor's; (iv) certain certificates of deposit or similar instruments of banks or trust companies, including the Trustee, organized under the laws of the United States or any state thereof, and which are members of the Federal Deposit Insurance Corporation, which have combined capital and surplus of $10,000,000; (v) any repurchase agreement for a period not to exceed 30 days with an institution described in clause (iv) above that is fully collateralized by certain pledged securities in the
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possession of the Trustee, based upon the market value of such securities; and (vi) any money market fund invested solely in obligations described in clauses (i), (ii) and (iii) above.
Moneys credited to the Debt Service Fund may be invested in Eligible Investments maturing or redeemable at the times and in the amounts necessary to provide moneys to meet the payment of Debt Service Charges as they fall due.
Moneys credited to the Series 2017A Projects Account of the Facilities Fund may be invested in any investment which is a lawful investment for the University maturing not later than the times when such moneys are required to pay any costs payable from such Account.
Interest earnings from the investment of moneys in any fund or account, and any gain or loss on such investment, shall be credited to the respective fund or account from which such investment was made.
Covenants of the University
In the Trust Agreement, the University covenants, among other things:
(a) To pay, or cause to be paid, the Debt Service Charges on each and all Bonds on the dates, at the places and in the manner provided in the Trust Agreement and in the Bonds;
(b) To fix, make, adjust and collect fees, rates, rentals and charges and other items of General Receipts as will produce at all times General Receipts at least sufficient to pay Debt Service Charges when due and to satisfy all other requirements with respect to the Bonds and, together with other money lawfully available for the purpose, to pay all costs and expenses required to be paid under the Bond proceedings and all other costs and expenses for the proper maintenance and successful and continuous operation of the University;
(c) Not to make any pledge or assignment of or create or suffer any lien or encumbrance upon the Debt Service Fund or the General Receipts prior to or on a parity with the pledge under the Trust Agreement, except as authorized or permitted in the Trust Agreement; and
(d) To faithfully observe and perform all agreements, covenants, undertakings, stipulations and provisions contained in the Trust Agreement and in any and every Bond executed, authenticated and delivered under the Trust Agreement, and in all other proceedings pertaining to the Bonds.
See also the discussion under the caption "SECURITY FOR AND SOURCES OF PAYMENTS OF THE BONDS -- Covenant as to Sufficiency of General Receipts."
Events of Default and Remedies
Under the Trust Agreement, each of the following is an Event of Default:
(a) Failure to pay any interest on any Bond, when and as the same shall have become due and payable;
(b) Failure to pay the principal of or any redemption premium on any Bond, when and as the same shall have become due and payable, whether at maturity or by mandatory redemption or mandatory purchase;
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(c) Failure to pay the amounts due to the Holder of any Bond tendered or deemed tendered to the University or the Trustee pursuant to the Trust Agreement; and
(d) Failure to perform or observe any other covenant, condition or agreement contained in the Bonds or the Trust Agreement and to be performed by the University, which failure shall have continued for a period of 60 days after written notice given to the University by the Trustee or the Holders of not less than 25% in aggregate principal amount of the Bonds then outstanding.
The Trust Agreement does not require the furnishing of periodic evidence to the Trustee as to the absence of defaults or Events of Default under, or compliance with, the terms of the Trust Agreement.
Upon the occurrence of any Event of Default as referenced in subparagraph (a) or (b) above, the Trustee shall, and upon the occurrence of any event of Default as referenced in subparagraph (c) or (d) above, the Trustee may, and upon the written request of Holders of not less than 25% in aggregate principal amount of Bonds then outstanding, shall:
(a) By mandamus or other suit, action or proceeding at law or in equity enforce all the rights of Holders, including the compelling of the performance of all duties of the University and the enforcement of the payment of Debt Service Charges on the Bonds;
(b) Bring suit upon the Bonds;
(c) Enjoin unlawful activities or activities in violation of the rights of the Holders or under the Trust Agreement; or
(d) In the event of the occurrence of an Event of Default as referenced in subparagraph (a) or (b) above:
(i) Apply to a court having jurisdiction of the cause to appoint a receiver, who may be the Trustee, to receive and administer the General Receipts with full power to pay and to provide for payment of Debt Service Charges, and with such powers, subject to the discretion of the court, as are accorded receivers in general equity cases, excluding any power to pledge additional revenue or receipts or other income or moneys of the University to the payment of Debt Service Charges, and excluding the power to take possession of, mortgage or cause the sale or otherwise dispose of any University Facilities, or
(ii) By notice in writing delivered to the University, declare the principal of all Bonds then outstanding and the interest accrued on those Bonds immediately due and payable and thereupon that principal and interest shall become and be immediately due and payable.
If at any time after that declaration and prior to the entry of judgment in a court of law or equity for enforcement or the appointment of a receiver hereunder, all sums payable under the Trust Agreement (except the principal and interest on bonds which have not reached their stated maturity dates and which are due and payable solely by reason of that declaration of acceleration, plus interest (to the extent permitted by law) on any overdue installments of interest at the rate borne by the Bonds in respect of which such Event of Default shall have occurred, shall have been duly paid or provided for by deposit with the Trustee and all existing defaults shall have been made good, then and in every such case the Trustee shall waive that Event of Default and its consequences and
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shall rescind and annul that declaration, but no such waiver and rescission shall extend to or affect or impair any rights consequent on any subsequent Event of Default.
No remedy conferred upon or reserved to the Trustee (or to the Bondholders) is intended to be exclusive of any other remedy, but each and every remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or to the Bondholders.
Before taking remedial action the Trustee may require that a satisfactory indemnity bond be provided for the reimbursement of all expenses to which it may be put and to protect it against all liability, except liability which is adjudicated to have resulted from its negligence, bad faith or willful default, by reason of any action so taken. The Trustee may act without such indemnity, in which case its expenses are to be reimbursed by the University from available General Receipts.
The Bondholders shall not be entitled to enforce the provisions of the Trust Agreement or to institute any suit, action or proceeding for the enforcement of the Trust Agreement or for the execution of any trust thereof or for the appointment of a receiver, except as provided in the Trust Agreement.
Enforcement by Mandamus
The Act establishes that the duties of the University, of the Board and its members, and of University officers and employees provided for by the Trust Agreement, the Bonds and other resolutions and agreements regarding the issuance, sale and security of the Bonds, are duties enforceable by mandamus, and a covenant for that enforcement is contained in the Trust Agreement.
Defeasance
If the University pays or causes to be paid all Debt Service Charges due or to become due on the Bonds and provision is made for paying all other sums payable under the Trust Agreement, then and in that event the Trust Agreement (with certain exceptions) shall cease, determine and become null and void, and the covenants, agreements and other obligations of the University under it shall be discharged and satisfied. Thereupon the Trustee is to assign and deliver to the University any funds at the time subject to the lien of the Trust Agreement which may then be in its possession except such held for the payment of Debt Service Charges (subject to the provisions for unclaimed moneys described below).
All Debt Service Charges due or to become due on outstanding Bonds will be deemed to have been paid or caused to be paid for purposes of defeasance if:
(a) The Trustee holds, in trust for and irrevocably committed thereto, sufficient moneys, or
(b) The Trustee holds, in trust for and irrevocably committed thereto, non-callable direct obligations of the United States certified by bond counsel or an independent public accounting firm of national reputation to be payable in such amounts and on such dates as will, without further investment or reinvestment of either principal or investment earnings (likewise to be held in trust and committed, except as described below), be sufficient together with moneys referred to in (a) above, for the payment at their maturity or redemption date of all Debt Service Charges to the date of maturity or redemption, as the case may be; provided, that if any Bonds are to be redeemed prior to maturity, notice of redemption has been given or provision satisfactory to the Trustee has been made for the giving of that notice.
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Any moneys held in cash by the Trustee in accordance with these provisions shall be invested only in direct obligations of the United States of which the maturities or redemption dates of which (at the option of the holder) shall be not later than the time or times at which the moneys will be required for these purposes. Any income or interest earned by, or increment to, those investments shall, to the extent not required for the applicable purposes, be transferred in accordance with the direction of the University.
Supplemental Trust Agreements
The Trustee and the University may without consent of or notice to any of the Holders enter into agreements supplemental to the Trust Agreement for any one or more of the following purposes to: (i) cure ambiguity, inconsistency or formal defect or omission in the Trust Agreement; (ii) grant or confer upon the Trustee for the benefit of the Holders any additional rights, remedies, powers or authority that may be lawfully granted to or conferred upon the Holders or the Trustee; (iii) subject additional revenues or receipts to the lien and pledge of the Trust Agreement; (iv) add to the covenants and agreements of the University contained in the Trust Agreement other covenants and agreements thereafter to be observed for the protection of the Holders or to surrender or limit any right, power or authority reserved to or conferred upon the University in the Trust Agreement, including the limitation of rights of redemption so that in certain instances Bonds of different series will be redeemed in some prescribed relationship to one another; (v) evidence any succession to the University and the assumption by the successor of the covenants and agreements of the University contained in the Trust Agreement; (vi) in connection with the issuance of Additional Bonds in accordance with the provisions of the Trust Agreement; (vii) permit certain coupon Bonds or a book entry system; (viii) permit the Trustee to comply with any obligations imposed upon it by law; (ix) specify further the duties and responsibilities of, and to define further the relationship among, the Trustee, the Registrar, any Remarketing Agents and any Authenticating Agents or Paying Agents; (x) achieve compliance of the Trust Agreement with any applicable federal securities or tax law; (xi) evidence the appointment of a new Remarketing Agent; and (xii) permit any other amendment which, in the judgment of the Trustee, is not to the prejudice of the Trustee or the Holders.
Exclusive of supplemental trust agreements referred to above, the holders of not less than a majority in aggregate principal amount of the Bonds then outstanding must consent to and approve the execution by the University and the Trustee of any other supplemental trust agreements. However, no supplemental trust agreement shall permit, or be construed as permitting (i) without the consent of the Holder of each Bond so affected, a change in the redemption provisions or an extension of the maturity of the principal amount of any Bond or the rate of interest or redemption premium thereon, or a reduction in the amount or extension of the time of any payment by any mandatory sinking fund requirements or mandatory redemption requirements, or (ii) without the consent of the Holders of all of the Bonds then outstanding, (a) the creation of a privilege or priority of any Bond or Bonds over any other Bond or Bonds, or (b) a reduction in the aggregate outstanding amount required for consent to that supplemental trust agreement.
Additional Bonds
Additional Bonds, as they may from time to time be authorized by series resolutions, are issuable on a parity as to General Receipts with then outstanding Bonds, without limitation as to amount except as provided in the General Bond Resolution or as may subsequently be provided by law, and as may be provided in the applicable Series Resolution. Additional Bonds may be secured by a credit support instrument or reserve account which need not be applicable to other Bonds.
The Trust Agreement requires, together with other conditions for the issuance of Additional Bonds, that the General Receipts for the most recently completed Fiscal Years were at least 1.25 times the
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maximum Debt Service Charges required to be paid in any subsequent Fiscal Year on all Bonds to be outstanding upon the original delivery of the Additional Bonds.
For purposes of this computation, historic General Receipts and future Debt Service Charges are subject only to certain adjustments set forth in the Trust Agreement.
Among other conditions to be met for issuance of Additional Bonds are that the University is not in default, and as a result of the authentication and delivery of the Additional Bonds will not be in default, of any of its covenants or obligations under the Trust Agreement, and that other requirements provided in the Trust Agreement (such as appropriate opinions by counsel concerning the validity of the Bond proceedings) for issuance have been met.
Annual Reports and Records
The University is to submit to the Trustee, within 180 days after the close of each Fiscal Year, a copy of an annual report for such Fiscal Year, accompanied by a report, opinion or certificate of certified public accountants or certified municipal accountants of the University, setting forth financial statements which present fairly the financial position of the University as of the end of the preceding Fiscal Year and the results of the operations and the changes in the financial position of the University for the Fiscal Year then ended, all in conformity with generally accepted accounting principles applied (except as noted in such report, opinion or certificate) on a basis consistent with the prior Fiscal Year. If such report, opinion or certificate of certified public accountants or certified municipal accountants is not then available, the University shall nevertheless file its financial statements with the Trustee within the time limit set forth above, and shall file such reports, opinion or certificate with the Trustee as soon as possible after such report, opinion or certificate becomes available.
Trustee
The Trustee, U.S. Bank National Association, is a national bank organized and existing under the laws of the United States, and is authorized to exercise corporate trust powers in the State of Ohio and regularly acts as trustee for revenue bond issues of the University.
The Trustee will, prior to the occurrence of an Event of Default and after the cure of any Event of Default, which may have occurred, undertake to perform only such duties as are specifically set forth in the Trust Agreement. At the time of an event of default and during its continuation, the Trustee will exercise such of the rights and powers vested in the Trustee by the Trust Agreement, and is to use the same degree of care and skill in their exercise as a prudent corporate trustee would exercise or use under a trust agreement securing securities of a public entity.
The Trustee is entitled to act upon opinions of counsel as provided in the Trust Agreement, and is not responsible for any loss or damage resulting from good faith reliance on those opinions of counsel. The Trustee is also entitled to rely on certain instruments, and is not liable for any action reasonably taken or omitted to be taken by it in good faith and reasonably believed by it to be within the discretion conferred upon it by the Trust Agreement.
The Trustee may be removed at any time by (i) an instrument or concurrent instruments in writing delivered to the Trustee and to the University and signed by or on behalf of the holders of not less than a majority in aggregate principal amount of Bonds then outstanding, or (ii) so long as there is no event of default which has occurred and is continuing, by written notice of the University delivered to the Trustee not less than 60 days before the removal is to take effect.
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U.S. Bank National Association, by acceptance of its duties as Trustee under the Trust Agreement, has not reviewed this Official Statement and has made no representations as to the information contained herein, including but not limited to, any representations as to the financial feasibility or related activities.
TAX EXEMPTION
General
In the opinion of Dinsmore & Shohl LLP, Bond Counsel to the University, under existing law: (i) interest on the Series 2017A Bonds is excludible from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code, as amended (the "Code") and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; and (ii) the Series 2017A Bonds, the transfer thereof, and the income therefrom, including interest therefrom and any profit made on the sale thereof, are free from all Ohio state and local taxation, except the estate tax, the domestic insurance company tax, the dealers in intangibles tax, the tax levied on the basis of the total equity capital of financial institutions, and the net worth base of the corporate franchise tax. Interest on the Series 2017A Bonds may be subject to certain federal taxes imposed only on certain corporations. Bond Counsel expresses no opinion as to any other tax consequences regarding the Series 2017A Bonds.
The opinions on tax matters will be based on and will assume the accuracy of certain representations and certifications, and continuing compliance with certain covenants, of the University contained in the transcript of proceedings and that are intended to evidence and assure the foregoing, including that the Series 2017A Bonds are and will remain obligations the interest on which is excludible from gross income for federal income tax purposes. Bond Counsel will not independently verify the accuracy of such certifications and representations, or the continuing compliance with covenants, of the University.
The opinions of Bond Counsel are based on current legal authority and cover certain matters not directly addressed by that authority. They represent Bond Counsel's legal judgment as to excludability of interest on the Series 2017A Bonds from gross income for federal income tax purposes but is not a guaranty of that conclusion. The opinions are not binding on the Internal Revenue Service ("IRS") or any court. Bond Counsel expresses no opinion as to (i) the effect of future changes in the Code and the applicable regulations under the Code or (ii) the interpretation and the enforcement of the Code or those regulations by the IRS.
The Code prescribes a number of qualifications and conditions for the interest on state and local government obligations to be and to remain excluded from gross income for federal income tax purposes, some of which require future or continued compliance after issuance of the obligations. Noncompliance with these requirements may cause the loss of such status and result in the interest on the Series 2017A Bonds being included in gross income for federal income tax purposes retroactively to the date of issuance of the Series 2017A Bonds. The University has covenanted to take actions required of it for the interest on the Series 2017A Bonds to be and to remain excluded from gross income for federal income tax purposes and not to take any actions that would adversely affect that exclusion. After the date of issuance of the Series 2017A Bonds, Bond Counsel will not undertake to determine (or to so inform any person) whether any actions taken or not taken, or any events occurring or not occurring, or any other matters coming to Bond Counsel's attention, may adversely affect the exclusion from gross income for federal income tax purposes of interest on the Series 2017A Bonds or the market value of the Series 2017A Bonds.
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A portion of the interest on the Series 2017A Bonds earned by certain corporations may be subject to a federal corporate alternative minimum tax. In addition, interest on the Series 2017A Bonds may be subject to a federal branch profits tax imposed on certain foreign corporations doing business in the United States and to a federal tax imposed on excess net passive income of certain S corporations. Under the Code, the exclusion of interest from gross income for federal income tax purposes may have certain adverse federal income tax consequences on items of income, deduction or credit for certain taxpayers, including financial institutions, certain insurance companies, recipients of Social Security and Railroad Retirement benefits, those that are deemed to incur or continue indebtedness to acquire or carry tax-exempt obligations, and individuals otherwise eligible for the earned income tax credit. The applicability and extent of these and other tax consequences will depend upon the particular tax status or other tax items of the owner of the Series 2017A Bonds. Bond Counsel will express no opinion regarding those consequences.
Payments of interest on tax-exempt obligations, including the Series 2017A Bonds, are generally subject to IRS Form 1099-INT information reporting requirements. If a Series 2017A Bond owner is subject to backup withholding under those requirements, then payments of interest will also be subject to backup withholding. Those requirements do not affect the exclusion of such interest from gross income for federal income tax purposes.
Bond Counsel's engagement with respect to the Series 2017A Bonds ends with the issuance of the Series 2017A Bonds, and, unless separately engaged, Bond Counsel is not obligated to defend the University or the owners or Beneficial Owners of the Series 2017A Bonds regarding the tax status of interest on the Series 2017A Bonds in the event of an audit examination by the IRS. The IRS has a program to audit tax-exempt obligations to determine whether the interest thereon is includible in gross income for federal income tax purposes. If the IRS does audit the Series 2017A Bonds, under current IRS procedures, the IRS will treat the University as the taxpayer and the owners and Beneficial Owners of the Series 2017A Bonds will have only limited rights, if any, to obtain and participate in judicial review of such audit. Any action of the IRS, including but not limited to selection of the Series 2017A Bonds for audit, or the course or result of such audit, or an audit of other obligations presenting similar tax issues, may affect the market values of the Series 2017A Bonds.
Prospective purchasers of the Series 2017A Bonds upon their original issuance at prices other than the respective prices indicated on the Cover of this Official Statement, and prospective purchasers of the Series 2017A Bonds at other than their original issuance should consult their own tax advisers regarding other tax considerations such as the consequences of market discount, as to all of which Bond Counsel expresses no opinion.
Risk of Future Legislative Changes and/or Court Decisions
Legislation affecting tax-exempt obligations is regularly considered by the United States Congress and may also be considered by the State legislature. Court proceedings may also be filed, the outcome of which could modify the tax treatment of obligations such as the Series 2017A Bonds. There can be no assurance that legislation enacted or proposed, or actions by a court, after the date of issuance of the Series 2017A Bonds will not have an adverse effect on the tax status of interest or other income on the Series 2017A Bonds or the market value or marketability of the Series 2017A Bonds. These adverse effects could result, for example, from changes to federal or state income tax rates, changes in the structure of federal or state income taxes (including replacement with another type of tax), or repeal (or reduction in the benefit) of the exclusion of interest on the Series 2017A Bonds from gross income for federal income tax purposes or of the Series 2017A Bonds from gross income for state income tax purposes for all or certain taxpayers.
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For example, recent presidential and legislative proposals would eliminate, reduce or otherwise alter the tax benefits currently provided to certain owners of state and local government bonds, including proposals that would result in additional federal income tax on taxpayers that own tax-exempt obligations if their incomes exceed certain thresholds. Investors in the Series 2017A Bonds should be aware that any such future legislative actions (including federal income tax reform) may retroactively change the treatment of all or a portion of the interest on the Series 2017A Bonds for federal income tax purposes for all or certain taxpayers. In such event, the market value of the Series 2017A Bonds may be adversely affected and the ability of owners and Beneficial Owners to sell their Bonds in the secondary market may be reduced. The Series 2017A Bonds are not subject to special mandatory redemption, and the interest rates on the Series 2017A Bonds are not subject to adjustment in the event of any such change in the tax treatment of interest on the Series 2017A Bonds.
Investors should consult their own financial and tax advisers to analyze the importance of these risks.
Original Issue Premium
The Series 2017A Bonds ("Premium Bonds") as shown on the Cover may be offered and sold to the public at a price in excess of their stated redemption price at maturity (the principal amount). That excess constitutes bond premium. For federal income tax purposes, bond premium is amortized over the period to maturity of a Premium Bond, based on the yield to maturity of that Premium Bond (or, in the case of a Premium Bond callable prior to its stated maturity, the amortization period and yield may be required to be determined on the basis of an earlier call date that results in the lowest yield on that Premium Bond), compounded semiannually. No portion of that bond premium is deductible by the owner of a Premium Bond. For purposes of determining the owner's gain or loss on the sale, redemption (including redemption at maturity) or other disposition of Premium Bond, the owner's tax basis in the Premium Bond is reduced by the amount of bond premium that is amortized during the period of ownership. As a result, an owner may realize taxable gain for federal income tax purposes from the sale or other disposition of a Premium Bond for an amount equal to or less than the amount paid by the owner for that Premium Bond. A purchaser of a Premium Bond in the initial public offering at the price for that Premium Bond stated on the Cover of this Official Statement who holds that Premium Bond to maturity (or, in the case of a callable Premium Bond, to its earlier call date that results in the lowest yield on that Premium Bond) will realize no gain or loss upon the retirement of that Premium Bond.
Owners of Premium Bonds should consult with their own tax advisers as to the determination for federal income tax purposes of the amount of bond premium properly amortizable in any period with respect to the Premium Bonds and as to other federal tax consequences and the treatment of bond premium for purposes of state and local taxes on, or based on, income.
Original Issue Discount
The Series 2017A Bonds ("Discount Bonds") as shown on the Cover may be offered and sold to the public at an original issue discount ("OID"). OID is the excess of the stated redemption price at maturity (the principal amount) over the "issue price" of a Discount Bond. The issue price of a Discount Bond is the initial offering price to the public (other than to bond houses, brokers or similar persons acting in the capacity of underwriters or wholesalers) at which a substantial amount of the Discount Bonds of the same maturity is sold pursuant to that offering. For federal income tax purposes, OID accrues to the owner of a Discount Bond over the period to maturity based on the constant yield method, compounded semiannually (or over a shorter permitted compounding interval selected by the owner). The portion of OID that accrues during the period of ownership of a Discount Bond (i) is interest excluded from the owner's gross income for federal income tax purposes to the same extent, and subject
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to the same considerations discussed above, as other interest on the Series 2017A Bonds, and (ii) is added to the owner's tax basis for purposes of determining gain or loss on the maturity, redemption, prior sale or other disposition of that Discount Bond. A purchaser of a Discount Bond in the initial public offering at the price for that Discount Bond stated on the Cover of this Official Statement who holds that Discount Bond to maturity will realize no gain or loss upon the retirement of that Discount Bond.
Owners of Discount Bonds should consult their own tax advisers as to the determination for federal income tax purposes of the amount of OID properly accruable in any period with respect to the Discount Bonds and as to other federal tax consequences and the treatment of OID for purposes of state and local taxes on, or based on, income.
CONTINUING DISCLOSURE
In accordance with the Securities and Exchange Commission Rule 15c2-12 (the "Rule") and so long as the Series 2017A Bonds are outstanding, the University as the "Obligated Person" will agree pursuant to a Continuing Disclosure Certificate, dated the date of delivery of the Series 2017A Bonds, to provide or cause to be provided such operating data, audited financial statements and notices in such manner as may be required for purposes of the Rule. See APPENDIX E – FORM OF CONTINUING DISCLOSURE CERTIFICATE for the proposed form of Continuing Disclosure Certificate, along with a description of the annual information to be provided.
The Continuing Disclosure Certificate provides Bondholders with certain enforcement rights in the event of a failure by the Obligated Person to comply with the terms thereof; however, a default under the Continuing Disclosure Certificate does not constitute a default under the Series 2017A Bonds or the Trust Agreement. The Continuing Disclosure Certificate may be amended or terminated under certain circumstances in accordance with the Rule as more fully described therein. Bondholders should be read APPENDIX E – FORM OF CONTINUING DISCLOSURE CERTIFICATE in its entirety for more complete information regarding its contents.
The University has delivered continuing disclosure certificates or agreements for each issue of Bonds it has issued since the effective date of the Rule. The annual audited financial statements and operating data of the University have been provided and the annual audited financial statements have been made available through the website maintained by the State Auditor of Ohio and by the University, however the annual financial information, reports and operating data have not been provided to the Municipal Securities Rulemaking Board through its Electronic Municipal Market Access System ("EMMA") on a consistent basis in compliance with the Rule and the University's undertakings. The University corrected that oversight in February 2012 by filing historical annual financial information on EMMA. It is unclear whether such historical annual operating data was filed and indexed correctly on EMMA and as a result, the University subsequently re-filed its historical annual operating data on EMMA. The University has taken steps to assure it will maintain full and timely compliance with its undertakings in such continuing disclosure certificates and agreements.
LEGAL MATTERS
Legal matters incident to the issuance of the Bonds and with regard to the tax-exempt status of the interest on the Series 2017A Bonds (see "TAX EXEMPTION") are subject to the legal opinion of Dinsmore & Shohl LLP, Bond Counsel. The proposed text of Bond Counsel's legal opinion with respect to the Series 2017A Bonds is set forth as APPENDIX D. The legal opinion to be delivered may vary from that text if necessary to reflect facts and law on the date of delivery. A signed copy of that opinion, dated and premised on law in effect as of the date of original delivery of the Bonds, will be delivered to the Underwriters at the time of original delivery. Certain legal matters will be passed
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upon for the University by its general counsel, John Biancamano, Esq., an Assistant Attorney General of the State of Ohio. Certain legal matters will be passed for the Underwriters by their counsel, Squire Patton Boggs (US) LLP.
While Bond Counsel has participated in the preparation of portions of this Official Statement, it has not been engaged to confirm or verify, and expresses and will express no opinion as to, the accuracy, completeness or fairness of any statements in this Official Statement, or in any other reports, financial information, offering or disclosure documents or other information pertaining to the University or the Bonds that may be prepared or made available by the University or others to the Bondholders or others.
In addition to rendering the legal opinion, Bond Counsel and John Biancamano, Esq., director of legal affairs and general counsel to the University, will assist the University in the preparation of and advise the University concerning documents for the Bond transcript.
ELIGIBILITY UNDER OHIO LAW FOR INVESTMENT AND AS SECURITY FOR THE DEPOSIT OF PUBLIC MONEYS
To the extent that the matter as to the particular investor is governed by Ohio law, and subject to any applicable limitations under other provisions of Ohio law, under the Act the Series 2017A Bonds are lawful investments for banks, societies for savings, savings and loan associations, deposit guaranty associations, trust companies, trustees, fiduciaries, insurance companies (including domestic life and domestic not for life), trustees or other officers having charge of sinking and bond retirement or other special funds of political subdivisions and taxing districts of the State, the commissioners of the sinking fund, the administrator of workers' compensation in accordance with the investment policy approved by the bureau of workers' compensation board of directors pursuant to the Revised Code, and State retirement systems (Teachers, Public Employees, Public School Employees, and Police and Firemen's), notwithstanding any other provisions of the Revised Code with respect to investments by them and are also acceptable as security for the deposit of public moneys.
LITIGATION
There is no litigation or administrative action or proceeding pending or threatened to restrain or enjoin, or seeking to restrain or enjoin, the issuance and delivery of the Series 2017A Bonds, or to contest or question the proceedings and authority under which the Series 2017A Bonds are authorized and are to be issued, sold, executed or delivered, or the validity of the Series 2017A Bonds. A no-litigation certificate to that effect will be delivered by the University at the time of original delivery of the Series 2017A Bonds.
The University is a party to various legal proceedings seeking damages or injunctive or other relief and generally incidental to its operations, but unrelated to the Series 2017A Bonds. The ultimate disposition of these proceedings is not presently determinable; but in the opinions of the University's legal counsel and the Vice President for Administration and Finance, the disposition of these proceedings will not have a material adverse effect on the Projects or on the Series 2017A Bonds or the security for or sources of payment of the Series 2017A Bonds.
RATINGS
Moody's Investors Service, Inc. ("Moody's") and S&P Global Ratings, a division of S&P Global ("S&P"), have assigned their long-term bond ratings of "Aa3" (stable outlook) and "A+" (stable outlook), respectively, to the Series 2017A Bonds. No application was made to any other rating agency for the purpose of obtaining an additional rating on the Series 2017A Bonds. Each rating reflects only the view
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of the respective rating agency. An explanation of the significance of a rating may only be obtained from the respective rating agency.
The University furnished to Moody's and S&P certain information and materials, some of which may not have been included in this Official Statement, relating to the Series 2017A Bonds and the University. Generally, rating services base their ratings on such information and materials and on their own investigation, studies and assumptions. There can be no assurance that the ratings assigned will continue for any given period of time or that a rating will not be lowered or withdrawn entirely by the rating agency if in its sole judgment circumstances so warrant. Any such downward change in or withdrawal of a rating may have an adverse effect on the marketability and/or market price of the Series 2017A Bonds.
The University expects to furnish the rating services with information and materials that they may request. However, the University assumes no obligation to furnish requested information and materials, and may issue debt for which a rating is not requested. Failure to furnish requested information and materials, or the issuance of debt for which a rating is not requested, may result in the suspension or withdrawal of a rating on the Series 2017A Bonds.
FINANCIAL ADVISOR
Prager & Co., LLC (“Prager”) has been retained by the University to act as its financial advisor in connection with the issuance of the Series 2017A Bonds. Although Prager has assisted in the preparation of this Official Statement, Prager is not obligated to undertake, and has not undertaken to make, any independent verification or to assume responsibility for the information contained in the Official Statement.
UNDERWRITING
Goldman, Sachs & Co., as senior manager, for itself and for the co-senior manager, Barclays Capital Inc., and co-managers The Huntington Investment Company and PNC Capital Markets LLC (collectively, the "Underwriters"), has agreed to purchase the Series 2017A Bonds, subject to certain conditions precedent contained in the Bond Purchase Agreement dated February ___, 2017 between the University and the Underwriters, at a price of $______, which is par, plus net original issue premium of $______, less an underwriters' discount of $______.
The Series 2017A Bonds are being offered for sale to the public at the initial offering prices that produce the yields shown on the cover page hereof. The Underwriters reserve the right to lower such initial offering prices as it deems necessary in connection with the marketing of the Series 2017A Bonds. The Underwriters may offer and sell the Series 2017A Bonds to certain dealers (including dealers depositing the Series 2017A Bonds into investment trusts) and others at prices lower than the initial public offering price or prices. The Underwriters reserve the right to join with dealers and other underwriters in offering the Series 2017A Bonds to the public. The Underwriters may over-allot or effect transactions which stabilize or maintain the market price of the Series 2017A Bonds at levels above that which might otherwise prevail in the open market. Such stabilizing, if commenced, may be discontinued at any time.
INDEPENDENT AUDITORS
The financial statements of the University as of June 30, 2015 and 2016, and for the years then ended, are included in APPENDIX B to this Official Statement and have been audited by Plante & Moran, PLLC, independent auditors, as stated in their report appearing in APPENDIX B. The financial
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statements of the University for certain prior fiscal years may be obtained from the University and from the Auditor of State of Ohio on the auditor's website.
VERIFICATION OF MATHEMATICAL COMPUTATIONS
The accuracy of the mathematical computations of the adequacy of the maturing principal of and interest on the investments included in the Escrow Fund to be established for the payment of the Advance Refunded Bonds, together with any cash held therein, to pay when due principal and interest on such Refunded Bonds becoming due at maturity or earlier redemption will be examined by Causey Demgen & Moore P.C. (the "Verification Agent"). Such computations will be based solely on the assumptions and information supplied by the Underwriter in connection with such matters. The Verification Agent will restrict its procedures to examining the arithmetical accuracy of the computations described herein and will not make any study or evaluation of the assumptions and information on which the computations are based and accordingly, will not express an opinion on the data used, the reasonableness of the assumptions, or the achievability of the forecasted outcome. The Verification Agent's report of its examination will state that it has no obligation to update the report because of events occurring or data or information coming to its attention subsequent to the date of its report.
CONCLUDING STATEMENT AND SIGNATURES
Quotations in this Official Statement from, and summaries and explanations of, the provisions of the Ohio Constitution, the Revised Code, the General Bond Resolution, the Series 2017A Resolution, the Master Trust Agreement, the Fourteenth Supplemental Trust Agreement and the Bond Purchase Agreement do not purport to be complete, and reference is made to the pertinent provisions of the Constitution, Revised Code and those documents for all complete statements of their provisions. Those documents are available for review at the University during regular business hours at the office of the Vice President for Finance and Treasurer. During the initial offering period, copies of those documents will also be available for review at the offices of the Underwriters.
To the extent that any statements in this Official Statement involve matters of estimate or opinion, whether or not expressly stated to be such, those statements are made as such and not as representations of fact or certainty, and no representation is made that any of those statements will be realized. Information in this Official Statement has been derived by the University from official and other sources and is believed by the University to be reliable, but information other than that obtained from official records of the University has not been independently confirmed or verified by the University and its accuracy is not guaranteed.
This Official Statement is not to be construed as or as part of a contract or agreement with the original purchasers or holders of the Series 2017A Bonds.
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This Official Statement has been prepared, approved and delivered by the University, and executed for and on its behalf and in his official capacity by the officer indicated below.
THE OHIO UNIVERSITY
Dated: February ___, 2017 By: Treasurer
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APPENDIX A
THE OHIO UNIVERSITY [THIS PAGE INTENTIONALLY LEFT BLANK]
TABLE OF CONTENTS
General Information ...... A-1 History ...... A-1 Community ...... A-2 Map of Ohio University Locations ...... A-3 Governance and Administration ...... A-4 Academic Programs ...... A-8 Accreditation ...... A-11 Campus Map ...... A-13 Physical Plant ...... A-14 Enrollment ...... A-17 Admissions ...... A-18 Graduation and Retention ...... A-19 Other Institutions: Ohio Department of Higher Education (formerly the Ohio Board of Regents) ...... A-19 Fees and Charges ...... A-20 State Appropriations ...... A-22 Faculty and Employees ...... A-24 Retirement Systems ...... A-24 Insurance Coverage ...... A-26 Grants and Contracts ...... A-27 Student Financial Aid ...... A-27 The Ohio University Foundation/Housing for Ohio, Inc...... A-29 Financial Operations ...... A-29 Capital Programs ...... A-33 Gifts and Endowments/Foundation ...... A-34
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NOTICE REGARDING FORWARD-LOOKING STATEMENTS Forward -Looking Statements Certain statements included or incorporated by reference in this Appendix A constitute “forward-looking statements” within the meaning of the United States Private Securities Litigation Reform Act of 1995, Section 21E of the United States Securities Exchange Act of 1934, as amended, and Section 27A of the Securities Act. Such statements are generally identifiable by the terminology used such as “plan,” “expect,” “estimate,” “budget,” “intend,” projection,” or other similar words. Such forward-looking statements include, but are not limited to, certain statements contained in the information in this Appendix A. A number of important factors, including factors affecting the University’s financial condition and factors which are otherwise unrelated thereto, could cause actual results to differ materially from those stated in such forward-looking statements. THE OHIO UNIVERSITY DOES NOT PLAN TO ISSUE ANY UPDATES OR REVISIONS TO THOSE FORWARD-LOOKING STATEMENTS IF OR WHEN ITS EXPECTATIONS CHANGE, OR EVENTS, CONDITIONS OR CIRCUMSTANCES ON WHICH SUCH STATEMENTS ARE BASED OCCUR. Projections The projections and preliminary data set forth in this Appendix A were not prepared with a view toward complying with the guidelines established by the American Institute of Certified Public Accountants with respect to prospective financial information and preliminary data, but, in the view of the University’s administration, were prepared on a reasonable basis, reflect the best currently available estimates and judgments, and present, to the best of the administration’s knowledge and belief the expected course of action and the expected future financial performance of the University. However, this information and preliminary data is not fact and should not be relied upon as being necessarily indicative of future results, and readers of this Appendix A are cautioned not to place undue reliance on the prospective financial information and preliminary data. Neither the University’s independent auditors, nor any other independent accountants, have compiled, examined, or performed any procedures with respect to the prospective financial information and preliminary data contained herein, nor have they expressed any opinion or any other form of assurance on such information or its achievability, and assume no responsibility for, and disclaim any association with, the prospective financial information and preliminary data.
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General Information
Established in 1804, The Ohio University (the "University") is the oldest of the 14 state- assisted universities in Ohio. The main campus is in the City of Athens, located in southeastern Ohio, about 75 miles from Ohio's capital city, Columbus. The enrollment on the main campus for the 2015-16 academic year was 23,701, including 1,320 graduate students and 712 students enrolled in the University’s Heritage College of Osteopathic Medicine. Athens eLearning Programs enrolled 5,978 students. Approximately 10,346 students are served by the University’s five Ohio regional campuses in Ironton, St. Clairsville, Lancaster, Zanesville, and Chillicothe, three Ohio centers in Proctorville, Pickerington, and Beavercreek, as well as Heritage College of Osteopathic Medicine extension campuses in Dublin, Ohio and Cleveland, Ohio. The University enrolled over 1,740 international students from 116 countries. Total enrollment for the 2015-16 academic year was 36,872. Approximately 77% of the students enrolled were Ohio residents.
The University is organized academically into 11 colleges: Arts and Sciences, Business, Communication, Education, Engineering and Technology, Fine Arts, Health Sciences and Professions, Honors Tutorial, University, Graduate, and Osteopathic Medicine. The University offers 302 undergraduate majors. On the graduate level, the University grants master’s degrees in nearly all of its major academic divisions, as well as doctoral degrees in selected departments. The Doctor of Osteopathic Medicine degree is granted through the Heritage College of Osteopathic Medicine. The University employed 1,176 full-time faculty members in the 2015- 16 academic year. The University is accredited by the Higher Learning Commission of the North Central Association of Colleges and Schools.
The University is the largest employer in Athens County, Ohio. The Athens campus consists of about 1,800 acres and about 209 buildings.
History
The University was chartered by the State of Ohio (the “State”) in 1804 and is the oldest university in the Northwest Territory. Located in the scenic Appalachian foothills of southeastern Ohio, its classic residential campus is one of the most attractive in the nation. The charm of tree- lined brick walkways on the University’s College Green makes you feel as if you are at a small college rather than a large university. One can walk between most campus buildings within about 10 minutes. It is possible to live a mile away from the University buildings in a residential neighborhood and walk to work, or to live on a farm within a 20-minute drive. The City of Athens, Ohio is surrounded by a patchwork of hardwood forests that constitute the Wayne National Forest.
The University’s roots are in post-Revolutionary War America. In 1786 a group of veterans petitioned Congress to purchase, through the Ohio Company of Associates, one-and-a- half million acres north and west of the Ohio River.
Revenue from two townships in the Ohio Company purchase was set aside for support of a university. In 1808 the University opened with three students, and in 1815 awarded its first two bachelor’s degrees.
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The University graduated a total of only 145 students until after the Civil War. By 1920 it had 1,072 students, but it was not until after World War II that the University began to approach its present size.
In the 1950s the student population grew from 4,600 to 8,000, and the 1960s saw enrollment burgeon from about 10,000 to some 18,000 students on the Athens Campus. In the early 1970s, during the Vietnam era, the student population fell below 13,000. Today the Athens Campus serves more than 29,000 students.
Since 1946 the University’s service as the major educational and cultural institution in southeastern Ohio has included Ohio regional campuses in Chillicothe, Ironton, Lancaster, St. Clairsville, and Zanesville. The University also has established Ohio centers in Beavercreek, Pickerington, and Proctorville, while the institution’s Heritage College of Osteopathic Medicine has expanded its presence to include Dublin, Ohio and Cleveland, Ohio. Today, the Ohio regional campuses and centers enroll about 10,000 students, making the full-time, part-time, and e-learning unduplicated enrollment for the University more than 36,000.
Under the 2015 Carnegie Foundation for the Advancement of Teaching classifications, the University is designated a doctoral university (higher research activity) under the Basic Classification category. Only 107 schools—2.3 percent—of the 4,665 schools assessed by the Carnegie Foundation are classified as a doctoral university (higher research activity). The University’s institutional peers are all classified as either a doctoral university (highest research activity) or a doctoral university (higher research activity).
Community
The main campus of the University is located in the City of Athens, Ohio, a small community with a population of approximately 24,000 residents located approximately 75 miles southeast of Columbus, the state capital. The University and community are mutually interdependent, working together to provide such area services as educational outreach, social services, medical services, regional planning, small business initiation, and support for the arts, as well as a number of other services.
Small farms and woodlands make up much of the area surrounding the city. Dow Lake, part of a 2,600-acre state park, is just a 10-minute drive from campus, and Lake Hope, in Zaleski State Forest, is about 20 miles from Athens. Both parks are used by the University for educational and research projects, as well as for recreation.
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Map of Ohio University Locations
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Governance and Administration
Board of Trustees. The University is governed by a Board of Trustees consisting of nine voting members who are appointed by the Governor with the advice and consent of the State Senate. Voting members are appointed to nine-year, nonrenewable terms. The Board of Trustees also includes two student trustees, two national trustees and the chair of the Ohio Alumni Association Board of Directors, all of whom are non-voting members. In addition, there are four non-voting trustees, two students, and two national trustees. The current officers and voting members of the Board of Trustees, and the year in which their terms expire, are as follows:
Trustee Term Ends Occupation and Residence
David A. Wolfort, Chair 2017 President, Olympic Steel, Inc., Bedford Heights, Ohio
Janetta King, Vice Chair 2018 Board Chair, Innovation Ohio, Founder of Innovation Ohio, Worthington, Ohio
Cary Cooper 2023 Attorney, Marshall & Melhorn, LLC, Toledo, Ohio
N. Victor Goodman 2020 Attorney, Benesch, Friedlander Coplan & Aronoff, New Albany, Ohio
Peggy Viehweger 2024 Serves on various Boards. Former president and CEO of Supresta, Loveland, Ohio
Kevin B. Lake, D.O. 2019 HighGate Management, LLC, Leesburg, Ohio
Dave Scholl 2021 Venture Partner with Athenian Venture Partners, Mason, Ohio
Janelle Simmons 2022 President, L Brands Foundation & Chief Diversity Officer, L Brands, Inc., Columbus, Ohio
Diane Smullen 2025 Vice President of Finance for Cameron Mitchell Restaurants
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The student non-voting members, currently Patrick J. Roden and Brooke Mauro, are appointed to a two-year term by the Governor. The Board of Trustees invites two distinguished out-of-state University alumni to participate in the deliberations of the Board and the life of the University. These national trustees are appointed to terms not to exceed three years. The current national trustees are David Pidwell and Laura Brege. Ronald Teplitzky is the current alumni trustee.
David R. Moore, Ph.D., serves as the secretary to the Board of Trustees, and Deborah M. Shaffer, Vice President for Finance and Administration and Chief Financial Officer, serves as the treasurer of the Board of Trustees.
Administrative Officers. The principal administrative officers who manage the affairs of the University include:
Name Office David Descutner, Ph.D. Interim President Pam Benoit, Ph.D. Executive Vice President and Provost Deborah Shaffer, B.S.F. Vice President for Finance and Administration, Chief Financial Officer and Treasurer Stephen T. Golding, M.S. Senior Vice President for Strategic Initiatives Joseph Shields, Ph.D. Vice President for Research and Creative Activity and Dean, Graduate College J. Bryan Benchoff, M.A. Vice President for University Advancement and President and CEO of The Ohio University Foundation Jason B. Pina, Ed.D. Vice President for Student Affairs John Biancamano, J.D. General Counsel Jeffrey Davis, CPA, CIA, CISA, CFE Chief Audit Executive Renea Morris, M.A. Chief Marketing Officer Eric Burchard, B.A. Director of Government Relations James Schaus, M.A.A. Director of Athletics Jennifer Kirksey, M.A. Chief of Staff
David Descutner, Ph.D., was appointed as Interim President effective February 18, 2017. The University’s 20th president, Dr. Roderick J. McDavis, accepted a position outside the University effective March 1, 2017, and his final day at the University will be February 17, 2017. Before his retirement from the University in 2015, Dr. Descutner served as the dean of University College and executive vice provost for undergraduate education. A professor of communication studies, Dr. Descutner started his career with the University as a member of the faculty in 1979. He was recognized numerous times for his teaching and mentoring, as well as for his advocacy on behalf of the regional campus faculty, and he served two terms on the University’s Faculty Senate. Dr. Descutner also served as chair of the Vision OHIO Steering Committee, and from 2012-14 was the interim vice provost for diversity and inclusion. Dr. Descutner received a bachelor’s degree from Slippery Rock State University and his master’s and doctoral degrees from the University of Illinois. Dr. Descutner will assist with the transition when a new president is named by the University’s search committee, and the search committee plans to fill the position by June 30, 2017.
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Pam Benoit, Ph.D., began serving as Executive Vice President and Provost of the University in July 2009. She previously served as Vice Provost for Advanced Studies and Dean of the Graduate School at the University of Missouri. Dr. Benoit received a master’s degree in communication from Central Michigan University and a doctorate in communication from Wayne State University.
Deborah Shaffer, B.S.F., a graduate of the Kellogg School of Management Executive Leadership Program, was named Vice President for Finance and Administration, CFO and Treasurer in 2016. Previously, she served as the University’s Senior Associate Vice President for Finance and Administration and was responsible for the departments of Human Resources and Finance. When she joined the University in 2013, she brought her extensive financial and executive-level experience from positions in healthcare, higher education consulting, and over eight years as Carnegie Mellon University’s vice president for finance and chief financial officer. She received her Bachelor of Science in Finance from Indiana University of Pennsylvania.
Stephen T. Golding, M.S., was named Senior Vice President for Strategic Initiatives in 2016. Previously, he served as the University’s Vice President for Finance and Administration and Treasurer. He previously served as the lead consultant to the President and Executive Vice President for Finance and Administration at Cornell University. Prior roles in higher education include Vice President for Finance and Budget at the University of Colorado four-campus system and Vice President for Finance at the University of Pennsylvania. Mr. Golding’s background also includes roles with Morgan Stanley Investment Management and in state government in Delaware, with the Department of Transportation and as the state’s Budget Director and then Secretary of Finance from 1983 to 1991. Mr. Golding received a bachelor’s degree in history from Washington College and a master’s degree in political science from the University of Delaware.
Joseph Shields, Ph.D., was named Vice President for Research and Creative Activity in December 2011 after serving in that position in an interim capacity since June 2011, and also serves as Dean of the University’s Graduate College. Dr. Shields is a professor and former chair in the Department of Physics and Astronomy. Dr. Shields joined the University in 1996. He received a bachelor’s degree in physics and astronomy from the University of Kansas and a Ph.D. in astronomy from the University of California at Berkeley. He is a recipient of the Robert J. Trumpler Award for the Outstanding Dissertation in Astronomy in North America and a prestigious NASA Hubble Fellowship.
J. Bryan Benchoff, M.A., was named Vice President for University Advancement in July 2011. He previously served as the President and CEO of the University of South Dakota Foundation since 2008. He also served in a variety of positions with the West Virginia University Foundation. Positions included Assistant Director of Development (1990-1992), Director of Development (1992-1997), Senior Director of Development for Major Gifts (1997- 2001), Assistant Campaign Director (1997-2004), Assistant Vice President for Constituency Development (2001-2004), and Associate Vice President for Development (2004-2007).
Jason B. Pina, Ed.D., joined the University in June 2016 as the Vice President for Student Affairs, following more than 20 years of professional experience at public and private
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four-year institutions. He previously served as Vice President for Student Affairs and Enrollment Management at Bridgewater State University. Dr. Pina holds a doctoral degree in higher educational leadership from Johnson & Wales University, master’s and educational specialist’s degrees in educational leadership from the University of Northern Colorado, and a bachelor’s degree in economics from Occidental College.
John Biancamano, J.D., has served as General Counsel at the University since August 2008. From 1992 to 2008 he was on the legal staff at Ohio State University. He served as First Assistant Attorney General under Ohio Attorney General Anthony J. Celebrezze, Jr. from 1983 to 1990 and General Counsel with Ohio Attorney General Lee Fisher during 1991. Mr. Biancamano earned his B.A. from Yale University and his law degree from the University of Notre Dame.
Jeffrey Davis, C.P.A., C.I.A., C.I.S.A., C.F.E., has served as Chief Audit Executive at the University since February 2012. Mr. Davis served as Audit Manager and Senior Auditor in the Internal Audit Office from 2005 to 2012. Prior to coming to the University, Mr. Davis was employed by the Ohio Auditor of State from 1993 to 2005.
Renea P. Morris, M.Ed., was appointed Executive Director of University Communications and Marketing at the University in February 2009. She received her master’s degree in education administration with an emphasis in organizational leadership from Ohio University’s Patton College of Education in 2012. Before her career in higher education, she worked for 20 years in corporate and non-profit organizations.
Eric Burchard, B.A., was named Director of Government Relations in May 2011 following three years as the Director of Corporate and Foundation Relations at the University. Previously, Mr. Burchard spent 18 years working in and around state and federal government, serving as a political advisor, among other roles. In 2001, he founded Capital Insight, LLC, a full-service fundraising consulting firm specializing in political and issue fundraising. Mr. Burchard earned his bachelor’s degree in public relations management from the University.
James Schaus, M.A.A., was named Director of Athletics in April 2008. Previously, he served Wichita State University in the same capacity for nine years and, prior to that served in the collegiate athletics administration at the University of Oregon, University of Cincinnati, University of Texas-El Paso, and Northern Illinois University. Mr. Schaus received a bachelor’s degree from Purdue University (1983) and a master’s degree in athletics administration from West Virginia University (1987).
Jennifer Kirksey, M.A., was named Chief of Staff in June 2012. Ms. Kirksey first joined the Office of the President in August 2005 as a Strategic Communication Advisor and Developer. Previously, she served Ohio University Communications and Marketing as a media specialist and worked at a financial communications firm in New York, N.Y., where she focused on national media relations. Ms. Kirksey holds a bachelor of science in journalism and a master of arts degree in organizational communication from the University.
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Academic Programs
The University’s academic programs are organized in these colleges:
College of Arts and Sciences College of Fine Arts College of Health Sciences and Professions College of Business Scripps College of Communication Honors Tutorial College Patton College of Education Graduate College Russ College of Engineering and Technology University College Heritage College of Osteopathic Medicine
The College of Arts and Sciences holds the distinction of being the largest and oldest college at the University. Comprising 19 departments, the College of Arts and Sciences is central to the University’s transformative learning experience. The foundational instruction for the entire University, delivered through the general education and liberal arts curriculum, is provided by the College of Arts and Sciences. The College provides the primary instruction for approximately one-third of the undergraduate majors on campus, as well as half of the undergraduate credit hours on the Athens campus. In addition, the College offers a number of master’s programs, and eight departments offer doctoral degrees.
The College of Health Sciences and Professions is composed of five academic units including the School of Nursing, the School of Applied Health Sciences and Wellness, the School of Rehabilitation and Communication Sciences, the Department of Social and Public Health, and The Department of Interdisciplinary Health Studies. In 2015, the College opened a new facility at the University's Dublin, Ohio regional campus in central Ohio. This facility houses new programs in physician assistant studies, health leadership, clinical informatics, and integrated health studies, among others. The College’s mission is to educate students from various backgrounds in the health professions through rigorous curricular activities that prepare them to take leadership roles in a competitive, technological, culturally diverse and global environment. The College strives to engage students and faculty in the discovery of knowledge that will define the future of health disciplines through applied and basic research, innovation and entrepreneurship. Finally, the College serves as an integral part of the University’s efforts to meet the needs of its surrounding community through enriching the quality of lives, especially for individuals in underserved and vulnerable populations, through interprofessional and community collaborations.
The College of Business provides a distinctive learning environment that actively engages students, faculty, and the business community in developing the knowledge and skills needed for success in today’s complex, global economy. This learning environment results in graduates who possess: a) the ability to apply a holistic, integrated approach to business problems; b) the communication, leadership, team and technological skills needed to succeed in their business careers; c) an understanding of how to work with people from other cultures and to operate effectively in other countries; and d) an understanding of the social responsibilities of corporations and the ability to evaluate the ethical dimensions of decision-making. The academic departments offer major fields of study in accounting, business economics, business prelaw, finance, general business, international business, management, management information systems, marketing, and sport management.
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The Scripps College of Communication seeks to not only educate its students about today’s communication industry but to produce innovative leaders who will shape the future of communication and its methods of delivery in a rapidly changing technological landscape. The Scripps College of Communication includes the School of Communication Studies, the J. Warren McClure School of Information and Telecommunication Systems, the E. W. Scripps School of Journalism, the School of Media Arts and Studies (formerly the School of Telecommunications), and the School of Visual Communication. New forms of communication, the growth of communication systems, and the need for better communication among people, races, economic groups, and nations were all factors in the University’s decision to prepare graduates both for traditional roles and for a variety of new opportunities.
The Gladys W. and David H. Patton College of Education provides learning-centered experiences that foster a diverse academic community. This community serves the economic and cultural needs of the region and benefits the state, nation and world by generating new knowledge and educating future citizens and leaders. The academic departments offer major fields of study in Counseling and Higher Education, Human and Consumer Sciences, Educational Studies, Recreation and Sport Pedagogy, and Teacher Education.
The Russ College of Engineering and Technology offers degree programs through the School of Electrical Engineering and Computer Science and the Departments of Biomedical Engineering, Chemical & Biomolecular Engineering, Civil Engineering, Engineering Technology and Management, Industrial and Systems Engineering, Aviation and Mechanical Engineering. Engineering curricula are focused on the engineering profession, in which a knowledge of the mathematical and natural sciences—gained by study and experience—is applied to develop ways to use economically the materials and forces of nature for the benefit of society and the environment. Graduates have both the theoretical and practical training to begin a professional career or continue advanced work at the graduate level. Program flexibility is provided through technical electives so students can concentrate their studies in a chosen area or use the electives in other areas.
The College of Fine Arts includes the schools of Art, Dance, Film, Interdisciplinary Arts, Music, and Theater. The College offers a broad cultural education in the fine arts, as well as specialized training in a wide range of career fields. All programs of study within the College of Fine Arts are intended to provide students with a strong foundation in the arts and culture, as well as an opportunity for specialized professional training. Every effort is made through careful individual advising and a flexible curriculum to meet the individual needs of each student.
The Honors Tutorial College offers more than 30 challenging programs of study that provide a unique undergraduate educational experience to a select number of qualified students. Students admitted to the College undertake a substantial portion of the core curriculum in their respective disciplines through a series of tutorials. A tutorial consists of a full-time faculty member meeting with students either singly or in small seminars. In pursuing this method of instruction, the College draws upon the rich educational traditions of British universities, such as Cambridge and Oxford. Although other colleges and universities have adopted some aspects of the tutorial model, the University remains the only institution in the United States with a degree- granting college incorporating all the essential features of a tutorial-based education. The
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success of the College’s approach to undergraduate education is evident in its distinguished history and the impressive achievements of its alumni.
The Heritage College of Osteopathic Medicine is a leader in training dedicated primary care physicians who are prepared to address the most pervasive medical needs in the state and the nation. The College offers a program leading to the Doctor of Osteopathic Medicine (D.O.) degree and admits over 200 students annually. Doctors of Osteopathic Medicine practice in all branches of medicine and surgery, but most are family-oriented primary care physicians. The College was established by the Ohio General Assembly in 1975 with the mission of training osteopathic family physicians for underserved areas of Ohio. Medical students study in one of two tracks—a Clinical Presentation Continuum (CPC) curriculum, or a Patient-Centered Continuum (PCC) curriculum, both of which view medical education as an organized building process that extends from the first day of medical school through residency training and beyond. Clinical rotations and clerkships are conducted at the sites of the Centers for Osteopathic Research and Education (CORE) system and its 27 teaching hospitals located throughout the state.
University College serves both undecided/undeclared students who are exploring the University’s options before selecting a major and degree program and students who are seeking to earn the Bachelor of Specialized Studies, the Bachelor of Criminal Justice, or an associate’s degree. University College advances the mission of the University by providing institutional leadership across colleges to promote teaching and learning. The College provides a number of University-wide services. University College staff members manage advising programs and orientation programs such as Bobcat Student Orientation that assist students in reviewing their interests, planning academic programs, and adjusting to University life. In addition, the College oversees the University’s General Education program and fosters student success through such initiatives as learning communities, Army and Air Force ROTC, study skills, tutoring programs, and workshops to promote academic success.
Graduate College offers more than 188 master’s and 58 doctoral programs in nearly all major academic divisions. The small student-to-faculty ratio ensures that graduate students can have a strong, one-on-one mentorship with world renowned scholars.
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Accreditation
The University is accredited by the Higher Learning Commission of the North Central Association of Colleges and Schools. The University received its initial accreditation from the association (then North Central Association) in 1913. In 1974, The North Central Association granted the University the status of a mature doctoral-granting institution.
Programs offered by the University are periodically evaluated and are currently accredited by the following specialized accrediting agencies:
Accreditation Board for Engineering and Technology Inc. Accreditation Commission for Education in Nursing Accreditation Council for Education in Nutrition and Dietetics Accrediting Council on Education for Journalism and Mass Communication American Association of Family & Consumer Sciences American Chemical Society American Psychological Association Association to Advance Collegiate Schools of Business Association of Technology, Management & Applied Engineering (formerly NAIT) Commission for Collegiate Nursing Education Commission on Accreditation of Allied Health Education Programs Commission on Accreditation of Athletic Training Education Commission on Accreditation for Physical Therapy Education Commission on Osteopathic College Accreditation Commission on Sport Management Accreditation Council on Academic Accreditation of the American Speech-Language & Hearing Association Council for Accreditation of Counseling and Related Educational Programs Council on Accreditation of Parks, Recreation, Tourism & Related Professions Council on Rehabilitation Education Council on Social Work Education Forensic Science Education Programs Accreditation Commission National Association of Board of Examiners National Association of Schools of Dance National Association of Schools of Music National Association of Schools of Theater National Council for Accreditation of Teacher Education National Environmental Health Science & Protection Accreditation Council National Recreation & Park Association Ohio Board of Nursing Professional Association of Therapeutic Horsemanship University and College Intensive English Programs
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Since its start over 200 years ago, the University has developed a reputation for outstanding academic programs. The University has been cited for academic quality and value by such publications as U.S. News and World Report and Washington Monthly. The John Templeton Foundation also has recognized the University as one of the top character-building institutions in the country. Backed by a supportive staff and dedicated faculty mentors, the University students rank among the best in the nation in winning nationally competitive awards such as prestigious Fulbright scholarships.
The Manasseh Cutler Scholars Program, a University merit scholarship program modeled on the Morehead Scholars of the University of North Carolina and the Rhodes Scholars of Oxford University, emphasizes development of recipients’ leadership potential. The scholarship, renewable for four years, provides full tuition and room and board. The scholarship also includes a stipend to cover structured summer internships and travel. Other University scholarship initiatives that continue to advance the institution’s commitment to providing access and opportunity to a greater number of students include the Urban Scholars Program, the Appalachian Scholars Program, and the OHIO Signature Award Program.
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Campus Map
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Physical Plant
Athens was founded in 1794 by an act of the Northwest Territory Legislature. The town plat contained a square for a college and house lots for academics to live in. Originally, Athens County had about 1.5 million acres, carved from Washington County to the east. Today Athens County has about 325,400 acres, since neighboring counties carved into Athens County. The University's main campus, which includes The Ridges (the former Athens Mental Health Center property), plus some outlying properties in the City of Athens, consists of approximately 209 buildings, many of which feature collegiate Georgian architecture and approximately 1,800 acres of land.
The portion of the Athens campus north of the Hocking River includes most of the academic, administrative, athletic, residential, recreation, and physical support buildings. The campus is divided by a series of greens: College, East, North, South, West, River Greens, Union Street Green, Ridges Green, and Research and Enterprise Park. The College Green is where the campus began and is part of the "Ohio University Campus Green Historic District." Cutler Hall, the central administration building, was constructed in 1816 and is a registered National Historic Landmark.
The Baker University Center at the southern edge of the College Green is the physical connector between lower and upper campus, and is intended to promote out-of-class learning and growth, support classroom instructional activity, and contribute to the overall quality of campus life. The facility includes a 550-seat ballroom, dining facilities, student government offices, student organization offices, a small theater, art galleries, and meeting and conference rooms.
There are 43 residence hall buildings located on the main campus. The residence halls have a capacity of approximately 8,300 students. The occupancy rate is typically near 100% at the onset of the academic year. All freshmen and sophomore students, with limited exemptions, must reside in University-owned housing and participate in one of the various board plans. Four dining halls are located across the campus to serve the residence hall residents and outside boarders. The Baker University Center also provides some food service options for residence hall residents as well as the campus and community. The University is engaged in a major rehabilitation of the residence hall system. In years past, in order to accomplish this, the University has removed a building from the system annually and renovated that facility as funding permitted. Three residence halls were demolished in August 2016, prior to start the 2016-17 school year.
The University Libraries have approximately 3.3 million bound volumes and approximately 33,000 periodical subscriptions. There are approximately 5.5 million other materials such as maps, slides, photographs, records, tapes and film.
The University facilities also include television and radio stations, operated by the Scripps College of Communication, in harmony with the Public Broadcasting System (PBS). A major project was completed to renovate the former Baker Center building. The newly renovated building, Schoonover Center, is the home of the Scripps College of Communication. The first phase of this two-phase project was completed in the summer of 2013. The second phase was completed in the summer of 2015.
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The Convocation Center, constructed in 1968, services the University’s athletic department and has a seating capacity of 13,000. This facility is also used for major non-athletic events, such as graduation. In addition, the University has a 24,000-seat stadium for football, an aquatic center, an ice skating facility/hockey arena, six outdoor and four indoor tennis courts, a 2,000-seat baseball facility, a softball facility, a soccer field, a multi-purpose field for field hockey/lacrosse with adjoining track facilities, and a regulation nine-hole golf course. There is a student recreation center with a number of different types of courts and health/fitness facilities. In 2014, a fieldhouse was completed and is used by intercollegiate athletics, students for recreation and for academic classes.
The University owns and operates the Gordon K. Bush Airport, a general aviation airport located nine miles west of the main campus in Albany, Ohio, and containing about 386 acres. The facility includes a 5,600-foot runway and parallel taxiway, an administration/terminal building, maintenance and storage hangars for airport operations, facilities for the Department of Aviation (an academic program), and both an administration building and hangar for the Avionics Engineering Center. The Ridges is located south of the Hocking River, and is a resource of both land and buildings that are being utilized to support functions of the University. The Ridges contains approximately 722 acres of land and approximately 678,000 square feet of existing buildings. There are 43 buildings concentrated on the northeast plateau just south of the main campus. Several of the buildings have been renovated to accommodate various programs and services, including an art museum, the Voinovich School of Leadership and Public Affairs, a small performance auditorium, administrative offices, research facilities, graduate art studios, child care center, mail services, surplus property/recycling, and various storage functions. There is also a central heating and central chilled water plant to serve these facilities. In October 2015, the University completed a “Framework Plan” that provides strategic guidance for the future of The Ridges land and buildings. That Framework Plan addresses the current state of The Ridges land and buildings, investigates potential uses and adaptability thereof, identifies global issues bearing on access and integration with the rest of campus, and outlines financial strategies to realize the potential of this resource.
The City of Athens provides water, sewage disposal service, and fire protection for the Athens campus and The Ridges. Electrical service is provided by American Electric Power to the University’s own substation and distribution system, an arrangement that provides for a significantly lower electric rate. Natural gas for the Athens campus is provided by Columbia Gas. The Athens campus has its own central heating facilities, including one on the main campus and a second at The Ridges. The main campus system has been tied into The Ridges system to provide flexibility and reduce the operating costs for the two plants. The University’s central chilled water system serves about 25% of the campus buildings, and is expanded with every major renovation and new construction project, with a goal of supplying cooling capacity to almost every campus building. The system is currently undergoing expansion to serve projects under construction. The University has an energy management program in place that saves more than $2 million per year through mechanical system efficiencies and consumer awareness.
Research facilities on the Athens campus include the Avionics Engineering Center, Contemporary History Institute, Edison Biotechnology Institute, the Edwards Accelerator
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Laboratory, the Clippinger Laboratories, the Multiphase Corrosion Laboratory, the Biochemistry Building, the Life Sciences Building, and The Academic & Research Center collectively containing a total of more than 120,000 square feet of research space. There are also research facilities in several other campus buildings and off-campus locations. The entire physical plant is estimated to have a total replacement value of approximately $2.7 billion. This figure includes a content value of approximately $255 million. The University receives state capital improvements appropriations biennially. The University also receives grants, gifts, and/or other funding for new capital projects on an intermittent basis. Other capital projects are funded through University bond sales. In 2016, the University completed an update of the 10-year campus master plan, including a comprehensive plan for all areas of the Athens location. In addition to the main campus in Athens, the University has five regional campuses, all located in the State as follows: Eastern (located outside of St. Clairsville in Belmont County), Chillicothe, Southern (located in Ironton in Lawrence County with a satellite operation in Proctorville and Hanging Rock), Lancaster (which has a satellite operation in Pickerington) and Zanesville. The regional campuses have a total of 20 main academic and administrative buildings and 36 smaller support structures located on approximately 976 acres. The Zanesville campus is co-located with Zane State College, and some facilities are shared between the two institutions.
In 2012, the University acquired property in the City of Dublin, Ohio to establish a new campus with the Heritage College of Osteopathic Medicine (HCOM) as the primary academic unit. An economic development agreement with the City of Dublin outlined a multi-step approach to acquiring additional acreage which provides opportunity for future expansion. The University recently completed a “Framework Plan” for the HCOM campus which provides a strategic and physical roadmap for the development of that campus into a mixed-use community. That Framework Plan provides an outline for opportunities for high-impact initiatives and programs that are complementary to the central Ohio community, and which advance the University’s interests. It develops a mixed-use (retail, hospitality, housing, community service, arts) environment that supports a vibrant knowledge community. It is centered on creating a pedestrian-friendly, walkable campus district that can be implemented in a phased approach over time. Currently, the Dublin Campus contains three renovated buildings and the Dublin Integrated Education Center (DIEC) that was built with a private partner. The DIEC houses the College of Health Sciences and Profession’s (CHSP) Physician Assistant (PA) Program as well as Columbus State Community College. In July of 2015, the University signed a lease with Cleveland Clinic and opened its doors to students establishing HCOM’s presence in Northeast Ohio. The Cleveland Campus includes over 62,000 Net Assignable Square Feet and is strategically located on the South Pointe Hospital Campus of the Cleveland Clinic at 4180 Warrensville Center Road, Warrenville Heights, Ohio, a predominantly African American, working-class community adjacent to Cleveland. HCOM has had a three-decade history of working with the Cleveland Clinic in the training of medical students and residents. The relationship has expanded to include training other health professionals like Physician Assistants. The campus will enable the University to have an impact in an urban setting of high need.
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Enrollment
General. The University attracts students from a variety of backgrounds and geographical areas, with representation from over 50 states and territories and 116 foreign countries in Fiscal Year 2016. For the Academic Year 2016-17, Ohio residents represent 88% of the entering freshman class while 12% are from other states and 1% are international students.
The University’s main campus Fall Term headcount enrollment (full-time and part-time students) as well as full-time equivalent (FTE) enrollment for recent and current Academic Years is as follows:
Annual Enrollment – Main Campus
Academic Medical Full-Time Year Undergraduate Graduate(a) College Total Equivalent(b) 2009-10 18,589 3,595 463 22,647 21,895 2010-11 20,996 3,645 467 25,108 23,297 2011-12 21,655 4,054 492 26,201 23,859 2012-13 22,685 4,204 513 27,402 23,016 2013-14 23,504 4,743 539 28,786 23,700 2014-15 23,571 5,036 610 29,217 24,167 2015-16 23,943 5,024 712 29,679 24,720 2016-17* 23,788 5,119 805 29,712 24,861
(a) Graduate students at all University locations are registered through the main campus. (b) Total Fall Term Credit Hours Divided by 15 (except for College of Medicine). (*) Numbers as of September 5, 2016 (Census).
Fall headcount enrollments for all campuses are as follows:
Fall Enrollment – All Campuses
Graduate Academic & Full-Time Year Undergraduate Medical Total Equivalent(a) 2009-10 26,782 4,058 30,840 29,014 2010-11 29,371 4,112 33,483 30,755 2011-12 29,819 4,546 34,365 30,974 2012-13 30,549 4,717 35,266 29,532 2013-14 30,903 5,282 36,185 29,959 2014-15 30,847 5,646 36,493 30,341 2015-16 31,136 5,736 36,872 30,681 2016-17* 30,486 5,924 36,410 30,534
(a) Total Fall Term Credit Hours Divided by 15 (except for College of Medicine). (*) Numbers as of September 5, 2016 (Census).
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Admissions
The following tables show for the indicated Academic Years the total applications received, the number and percentage of those applicants accepted for admission, the number enrolled, and the percentage of the accepted applicants that became enrollees, for the University’s main campus.
Total Undergraduate Freshman and Transfer Applications
Academic Percent Applicants Percent Year Received Accepted Accepted Enrolled Enrolled 2009-10 15,620 12,664 81 4,650 37 2010-11 14,800 12,343 83 4,471 36 2011-12 14,844 12,472 84 4,423 35 2012-13 18,956 14,636 77 4,470 31 2013-14 22,288 16,193 73 4,762 29 2014-15 22,476 16,534 74 4,924 30 2015-16 22,581 16,658 74 4,986 30 2016-17 21,944 16,366 75 4,854 30
Total Freshman Applications
Academic Percent Applicants Percent Year Received Accepted Accepted Enrolled Enrolled 2009-10 14,204 11,591 82 4,072 35 2010-11 13,366 11,372 85 3,976 35 2011-12 13,392 11,437 85 3,883 34 2012-13 17,466 13,571 78 3,888 29 2013-14 20,765 15,149 73 4,244 28 2014-15 20,934 15,548 74 4,379 28 2015-16 21,000 15,628 74 4,423 28 2016-17 20,623 15,437 75 4,309 28
The University has a selective admission policy for both incoming freshmen and transfer students. The University has established general guidelines as well as more specific guidelines for some of its specific colleges/majors. Guidelines for freshmen are based on ACT/SAT test score and high school GPA. Also considered are the student’s high school rank, high school curriculum, grade trend, activities, and community involvement, as well as the high school’s profile. Transfer students must have a 2.0 GPA and have completed 30 quarter or 20 semester hours of college work. Students must be academically prepared and fulfill prerequisites in order to be directly admitted to their chosen major depending on the selectivity of the program.
For the Academic Year 2016-17, the average University freshman composite score on the American College Test (ACT) was 24.0, compared to the national average (for 2015-16) of 21.0. On average, the 2016-17 freshman class was in the top 32% of their high school graduating class, and had an average high school GPA of 3.48.
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Graduation and Retention
In Academic Year 2015-16, the completion or graduation rate for students who entered the University in Academic Year 2009-2010 as full-time students was 67 percent. The University freshman retention rate (freshmen returning as sophomores) in Academic Year 2015-16 was 82 percent.
The study of student retention enables University officials to learn why students leave the University before they graduate. Programs to assist students in fulfilling their goal of a college education have been developed with the use of information from ongoing retention studies. The University’s retention rate from the freshman to the sophomore year has improved steadily from 67 percent in 1977 to 81 percent in 2015. This retention rate is among the highest in the nation for public universities.
The University’s four-year, five-year and six-year graduation rates are third highest in the State of Ohio and exceed the six-year national average for comparable institutions by over 13.7 percent.
Other Institutions: Ohio Department of Higher Education (formerly the Ohio Board of Regents)
The Ohio Department of Higher Education is a Cabinet-level agency for the Governor of the State of Ohio that oversees higher education for the State. The agency’s main responsibilities include authorizing and approving new degree programs, managing State-funded financial aid programs and developing and advocating policies to maximize higher education’s contributions to the State and its citizens.
As a member of the Governor’s Cabinet, the Chancellor of the Ohio Department of Higher Education advises the Governor on higher education policy and implements the Governor’s plan to make college more affordable for Ohioans and drive the State’s economic advancement through the public universities and colleges of Ohio, the State’s network of public universities, regional campuses, community colleges, and adult workforce and adult education centers. The Chancellor is responsible for carrying out the responsibilities of the agency, including authorizing and approving new degree programs and managing State-funded financial aid programs.
The Ohio Board of Regents, a nine-member advisory board to the Chancellor with two ex-officio representatives from the State legislature, was created in 1963 by the General Assembly. Members of the Board of Regents are appointed by the Governor with the advice and consent of the Senate.
Publicly owned higher education institutions in Ohio now include 14 State universities, and 23 two-year technical and public community colleges. Those institutions all receive State assistance and conduct full-time educational programs in permanent facilities.
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Fees and Charges
The University operates its programs on a two semester year and two summer session basis. Under the semester academic calendars, the Academic Year is approximately 30 weeks in addition to summer sessions of varying lengths. Tuition and fees as well as financial aid and scholarships are divided between two semesters. Payment in full including all fees is required to be made prior to official enrollment in any class of instruction. The University implemented the Ohio Guarantee in Fall 2015. This is a cohort based, level-rate tuition, housing, dining, and fee model that assures students and their families a set of comprehensive rates for the pursuit of an undergraduate degree at the University. Tuition, housing, dining, and fee rates established at enrollment remain unchanged for 12 consecutive semesters.
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The per-full-time-student instructional (tuition) and general fees and the tuition surcharge for resident and non-resident students for the main campus regular academic year are set forth in the following table.
2012-13 2013-14 2014-15 2015-16 2016-17 Ohio Resident: Undergraduate $10,216 $10,446 $10,602 $11,548 $11,744 Graduate 9,510 9,510 9,510 9,510 9,510 Medical 29,878 31,306 32,806 34,380 35,584
2012-13 2013-14 2014-15 2015-16 2016-17 Non-Resident: Undergraduate $19,246 $19,410 $19,566 $20,512 $21,208 Graduate 17,502 17,502 17,502 17,502 17,502 Medical 42,268 44,316 45,816 48,040 49,722
Room and board charges for the regular Academic Year are as follows: 2012-13 2013-14 2014-15 2015-16 2016-17 Room and Board: Standard-double $5,648 $5,846 $6,050 $6,370 $6,592 20-Meal Plan 4,362 4,384 4,428 4,494 4,584 Total $10,010 $10,230 $10,478 $10,864 $11,176
At their January 2017 meeting, the Board of Trustees of the University approved the following rate increases for Fiscal Year 2018 (July 1, 2017 through June 30, 2018): 3.3% to the undergraduate guaranteed tuition and fee rate for the incoming cohort; 3.5% to residential housing rates; 2% to culinary services rates; and a 2% tuition increase for continuing students who were enrolled prior to the implementation of The OHIO Guarantee. Consistent with the principles of the program, students within an existing OHIO Guarantee cohort do not experience any increase to their rates.
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For the 2016-2017 academic year, total instructional and general fees at the main campuses of other Ohio public universities for an incoming full-time undergraduate student who is an Ohio resident ranged from $6,246 to $14,736. Annual room and board charges for undergraduates at the other state universities ranged from $8,522 to $13,310. The table below shows for the 2016-2017 academic year (Fall term) information compiled by the Ohio Department of Education as to the undergraduate instructional and other fees, and room and board charges (based on varying numbers of "standard" meals per week), charged full-time first- year students by the University and by the other 12 state universities in Ohio. For the University, the fees below (including room & board) will be held firm for four years reflecting the University’s Tuition Promise granted to first-year students commencing Fall of 2016.
Fall 2016 Annualized Full-Time Undergraduate Total Fees and Charges
Annual Instructional & Other Fees(1) Annual Total Student Charges In-State Out-of-State Room & Board(2) In-State Out-of-State(3) Miami University $14,736 $32,556 $12,060 $26,796 $44,616 Ohio University 11,744 21,208 10,450(4) 22,194 31,658 University of Cincinnati 11,000 26,334 13,310 24,310 39,644 Bowling Green State Univ. 10,726 18,262 8,690 19,416 26,952 University of Akron 10,270 18,801 11,086 21,356 29,887 The Ohio State University 10,037 28,229 11,576 21,613 39,805 Kent State University 10,012 18,376 10,720 20,732 29,096 Cleveland State University 9,768 13,819 10,798 20,566 24,617 University of Toledo 9,380 18,718 10,826 20,206 29,544 Wright State University 8,730 17,350 8,552 17,282 25,902 Youngstown State University 8,317 14,317 8,990 17,307 23,307 Shawnee State University 7,364 13,031 9,384 16,748 22,415 Central State University 6,246 6,346 9,934 16,180 16,280
(1) Includes the general fee and other mandatory fees assessed uniformly to all students each term (e.g., facility fees, technology fees or parking fees). (2) Institutions offer a variety of room and board plans. Rates shown are computed based on average Fall 2016 double-occupancy room rates, a specified number of meals per week, and either 2 semesters or 3 quarters. (3) Does not factor in any discount programs for neighboring counties in adjacent states. (4) Based upon 14-meal plan. Source: Ohio Department of Higher Education Fall 2016 Survey of Student Charges. See .
State Appropriations
All State universities in Ohio receive State financial assistance for both operations and designated capital improvements through appropriations by the General Assembly. These appropriations contribute substantially to the successful maintenance and operation of the University. The State Share of Instruction (“SSI”) is the most significant support colleges and universities receive from the State.
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Beginning in Fiscal Year 2010, the SSI transitioned from an input-based allocation methodology to an outcome-based methodology by the following:
• Course and degree completion • Recruitment and retention of at-risk students, including academic, financial, age, and race factors • Promotion of fields of study, including science, technology, engineering, mathematics and medicine (STEM)
For Fiscal Year 2017, the Ohio Department of Education incorporated a change to the at- risk weighting calculation to incorporate all applicable students in the weighting calculation instead of Main Campus traditional students.
The annual SSI Allocations to the University, and statewide to Public Universities are presented below (Fiscal Year 2017 figures are preliminary):
$ in Millions FY13 FY14 FY15 FY16 FY17 Ohio University $136.40 $146.40 $154.10 $155.80 $156.90 Growth 3.6% 7.3% 5.3% 1.1% 0.8% Statewide Total 1,347.60 1,378.40 1,399.10 1,464.60 1,523.20 Growth 0.9% 2.3% 1.5% 4.7% 4.0%
The State grants capital improvement funding through a biennial appropriation. The 2017 biennial State capital bill passed in May 2016, included $26.8 million supporting University projects. The Ohio University Capital Improvement Plan designates State capital appropriations for deferred maintenance projects.
There can be no assurance that State-appropriated funds for operating or capital improvement purposes will be made available in the amounts required by the University or as originally approved by the legislature. The General Assembly has the responsibility of determining such appropriations biennially. State income and budget constraints may compel a stabilization or reduction of the level of State assistance and support for higher education in general and the University in particular.
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Faculty and Employees
For the Academic Year 2015-16, the University had 5,458 employees. The staff for that year, including the academic ranking of the faculty and instructional staff, was as follows:
Main Regional Full-time Faculty Campus Campuses Total Professor 212 9 221 Associate Professor 334 74 408 Assistant Professor 183 32 215 Lecturer 62 5 67 Instructor 223 42 265 Total 1,014 162 1,176 Part-time Faculty Teaching Assistants (FTE)* 158 0 158 Other Teaching Staff 437 518 955 Total 595 518 1,113 TOTAL FACULTY 1,609 680 2,289
Administrative Support 1,787 134 1,921 Classified Support Staff 1,138 110 1,248 TOTAL EMPLOYEES 4,534 924 5,458
Percent of Tenured Faculty (Full-time) 74% Percent of Terminal Degrees – Faculty (Full-time) 78% * estimated values
The University’s total payroll in Fiscal Year 2016 was $343,725,637 (including part-time student employees).
The University is a party to collective bargaining agreements with the American Federation of State, County and Municipal Employees (AFSCME), Ohio Council 8, Local 1699, and the Fraternal Order of Police (FOP), Ohio Labor Council, Inc. The AFSCME bargaining unit covers 617 full-time and part-time classified employees and the FOP bargaining unit covers 24 classified employees. Currently, a Request for Recognition as a Collective Bargaining Unit has been filed by the FOP, on behalf of the Ohio University Police Department’s Lieutenants, and the request is pending with the State Employment Relations Board. This unit would cover approximately four classified employees. The remaining University employees have not elected to join a bargaining unit. There have been no strikes or job actions undertaken by any bargaining unit in the last 17 years. Retirement Systems
The University participates in contributory retirement plans administered by the State Teachers Retirement System of Ohio (“STRS”) and the Ohio Public Employees Retirement System (“OPERS”). As an alternative to STRS and OPERS, eligible employees may elect to
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participate in the University’s Alternative Retirement Plan (“ARP”), which is legislatively mandated.
STRS and OPERS are two of five statewide public employee retirement systems created by and operating pursuant to Ohio law, all of which currently have unfunded actuarial accrued liabilities. The Ohio General Assembly has the power to amend the format of those systems and to revise rates and methods of contributions to be made by public employers and their employees and eligibility criteria, benefits or benefit levels for members.
STRS and OPERS both offer three separate retirement plans: a defined benefit plan, a defined contribution plan, and a combined plan.
• The STRS and OPERS defined benefit plans are cost-sharing multiple-employer defined benefit pension plans. Subject to eligibility requirements, the defined benefit plans currently provide for retirement benefits, disability benefits, postretirement health care coverage, and death benefits.
• The STRS and OPERS defined contribution plans are plans in which the member selects where both member and employer contributions are invested.
• The STRS and OPERS combined plans have features of both a defined contribution plan and a defined benefit plan. Under the combined plans, the employee contributions are invested in self-directed investments, and the employer contributions are used to provide a reduced defined benefit. Subject to eligibility requirements, the combined plans currently provide for retirement benefits, disability benefits, postretirement health care coverage, and death benefits.
STRS (faculty) and OPERS (non-teaching staff) are funded from both employer and employee contributions based on earnable salary. In June 2016, approximately 3,670 University employees were enrolled in OPERS and 2,188 in STRS. The statutory employee contribution rates were 10% for OPERS and 13% for STRS. The employer contribution rates are 14% for OPERS and STRS. These rates are established by State law and are actuarially based. The University is current with all obligations with respect to both OPERS and STRS.
Ohio law requires the University to offer the ARP to certain employees. The ARP is a tax-qualified, defined contribution plan under Section 401(a) of the Internal Revenue Code and is maintained for eligible full-time and part-time faculty and staff with a FTE of .67 or higher.
Pursuant to the University’s ARP policy, full-time and part-time salaried faculty and staff with a FTE of .67 or higher have 120 days from date of hire to choose to participate in the appropriate state system (OPERS or STRS) or in an alternative retirement plan. As of June 2016, there were nine approved private ARP providers. Approximately 1,104 employees were enrolled in the ARP in June 2016. The employee rates of contribution are the same with the ARP as with the appropriate state retirement system. However, 4.5% (mitigating rate) of the employer contribution must be paid to STRS (for STRS-eligible employees) while the balance 9.5% is paid to the selected ARP. In addition, 0.77% (mitigating rate) of the employer contribution must be
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paid to OPERS (for OPERS-eligible employees) while the remaining 13.23% is sent to the selected ARP.
The employee and employer ARP contributions plus the mitigating rate are equal to the amount the University would have contributed to STRS or OPERS. The employee ARP contribution amount remains the same; however, the employer ARP amount is adjusted by the state retirement system mandated “mitigating rate”. The mitigating rate is set independently by OPERS and STRS; therefore, the rates may differ between the two retirement systems. Contributions to STRS, OPERS and the ARP are subject to limits under the Internal Revenue Code.
The University also maintains a tax-qualified retirement plan and a related Section 415(m) plan for eligible employees whose contributions to STRS, OPERS or the ARP are limited under the Internal Revenue Code. Contributions may be funded from both employer and employee contributions. In addition, optional supplemental retirement programs (403(b) and 457(b) plans) are available for eligible employees.
Federal law requires University employees hired after March 31, 1986, to participate in the federal Medicare program. The current rate for Medicare is 1.45% of covered wages for both the employer and the employee. Otherwise, University employees do not currently contribute to the federal Social Security system.
GASB Statement No. 68, Accounting and Financial Reporting for Pensions, which was effective Fiscal Year 2015, was adopted and requires governments that participate in defined benefit pension plans to report in their statement of net position a net pension liability, which is the difference between the total pension liability and the net assets set aside to pay pension benefits. For cost-sharing employers, the net pension liability is equal to the employer’s proportionate share of the collective net pension liability for the plan. The University participates in two cost-sharing defined benefit pension plans, which are administered by STRS and OPERS.
For additional information on the retirement plans, refer to Note 11 of the University’s Audited Financial Statements for the Years Ended June 30, 2016 and 2015.
Insurance Coverage
The University participates in a consortium, along with other State of Ohio universities, for the acquisition of commercial property and liability insurance. Membership in the Inter- University Council-Insurance Consortium (IUC-IC) effectively reduces costs, and facilitates control over the impact of significant risks through the group-purchase of insurance and risk sharing. In association with the IUC-IC, the University purchases insurance through Marsh, a multinational insurance brokerage firm.
Property Insurance. Property insurance, which is provided by commercial carriers, is included in this consortium-based program. Protection is afforded for nearly $2.8 billion in total insured value for scheduled buildings and contents. Coverage for each building and its contents, for replacement cost, is subject to a policy limit of $1 billion. All risks of direct physical loss are covered, subject to policy exclusions; there is a $100,000 deductible for each claim. While there is no coverage for physical damage all motor vehicles, owned or leased, are covered for liability.
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Liability Insurance. Pursuant to enactment by the Ohio General Assembly of the Court of Claims Act, the Ohio Court of Claims retains jurisdiction over claims made against the State, including its agencies; the University, as an agency of the State, falls within the purview of this court. Adverse judgments made by the Court are payable either from University funds or by the insurance carrier. Currently, the University insurance includes bodily injury, property damage, and educator’s legal liability. These coverages are also subject to a $100,000 self-insured retention. Aviation liability insurance protects the University against qualifying exposures arising from operation of owned corporate aircraft, the University’s airport, and flight training program.
Worker’s Compensation. Effective January 1, 2013, the University became self-insured against claims of work-related, occupational injuries. In addition to premium cost savings, other immediate advantages realized from this initiative have included greater program efficiency, more control and improved management of such processes as treatment options, reporting, communications, and monitoring, following receipt of notice of a worker’s injury.
HCOM is protected by the University’s general liability insurance. HCOM currently maintains its own professional liability insurance; the University will assume a portion of medical malpractice risk associated with student internships and similar/other exposures, pending finalization of the University Medical Associates (UMA)/Ohio Health joint venture. The University maintains professional liability insurance for risks related to the Student Health Center; this coverage is subject to a $25,000 deductible.
Grants and Contracts
During Fiscal Year 2016, the University received $27,297,630 in research grants and contracts. Additional awards of $34,842,035 supported instructional and public service activities for a total of $62,139,665 in external support. Federal agencies accounted for 59% of the research activity; state and local governments 11% of the total; and private sector partners (business, industry, and foundations) provided 30% of the support for basic and applied research. Primary federal research sponsors include the following: U.S. Department of Transportation – $1,885,029; National Science Foundation - $3,081,593; U.S. Department of Health and Human Services/National Institutes of Health - $3,815,390; U.S. Department of Energy – $1,712,748.
Comparative amounts since Fiscal Year 2012 are included in the following table: Basic & Applied Other Sponsored Fiscal Year Research Activity 2012 $30,550,264 $33,666,536 2013 29,253,910 35,488,639 2014 26,295,322 28,455,941 2015 32,019,224 34,348,146 2016 27,297,630 34,842,035
Student Financial Aid
Approximately 77% of the University’s students receive financial aid. The primary responsibility for this function rests with the Office of Student Financial Aid and
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Scholarships. During Fiscal Year 2016, students received total assistance amounting to approximately $448 million. The primary sources included the Federal Direct Loans (Stafford), Federal Pell Grant Program, Federal Perkins Loans, Federal Work-Study, Federal Supplemental Educational Opportunity Grant, Ohio Instructional Grant, and University grants, scholarships, loans, employment, student fee waivers, private loans and student sponsor agreements.
The following table summarizes the amounts of financial aid provided to University students for recent Academic Years. All programs financed by the federal and state governments are subject to appropriations and funding. There can be no assurance that the amounts of federal and state financial aid to students will be available in the future at the same levels:
2011-12 2012-13 2013-14 2014-15 2015-16 Grants & Scholarships Pell $43,369,413 $41,873,765 $39,939,036 $38,134,003 $36,410,660 State Funds 2,306,599 3,063,398 3,647,125 4,034,422 4,906,814 Other Federal 2,112,840 2,301,984 2,110,348 2,211,378 2,636,556 University 30,199,287 30,438,865 35,914,703 38,081,796 42,692,839 Athletics 6,136,770 6,290,046 6,768,626 6,949,051 8,162,492 Other Funds 26,696,568 29,172,074 37,360,262 39,484,723 39,695,496 Fee Waivers 39,753,566 40,044,280 44,776,081 44,659,686 45,106,043
Total Grants & Scholarships $150,575,044 $153,184,412 $170,516,181 $173,555,059 $179,610,900
Loans Federal Direct Loans $211,375,811 $199,582,907 $208,410,453 $210,956,791 $209,279,990 Federal Perkins 926,518 1,776,936 1,976,899 1,530,166 1,253,918 Federal Miscellaneous 256,000 32,000 0 655,351 817,990 State 0 209,999 26,250 33,750 29,250 University 2,069,752 556,398 451,979 28,850 5,365 Other Miscellaneous 26,891,440 29,125,400 31,048,609 33,030,145 38,556,930
Total Loans $241,519,521 $231,283,640 $241,914,190 $246,235,053 $249,943,443
Student Employment Federal Work Study $1,096,223 $1,181,993 $1,300,769 $1,119,872 $1,293,619 Centralized Employment 14,242,908 11,187,429 14,672,461 15,655,853 16,949,240 PACE 660,229 620,086 550,140 570,803 582,105
Total Student Employment $15,999,360 $12,989,508 $16,523,370 $17,346,528 $18,824,964
Federal reports show a Three Year Official Cohort Default Rate of 11.1% for Fiscal Year 2012 which is based on the William D. Ford Federal Direct Loan Program loans made to students attending the University. This compares to the national average of 11.8%. The Perkins Loan default rates for the five-year period on the table above were 3.85%, 3.81%, 3.34%, 3.05% and 2.95% respectively.
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The Ohio University Foundation/Housing for Ohio, Inc.
The Ohio University Foundation (the “Foundation”), a 501(c)(3) organization incorporated in Ohio in 1945 to support the educational undertakings of the University, is reported in the University’s statements as a discretely presented component unit. Housing for Ohio, Inc. (“Housing”), a 501(c)(3) organization controlled by the Foundation and included in such reports as part of such unit, is the beneficiary of the proceeds of Athens County Port Authority Adjustable Rate University Housing Revenue Bonds, Series 2000 (Housing for Ohio, Inc. Project), dated September 26, 2000, maturing June 1, 2032 and currently outstanding in the principal amount of $23,375,000 (the “Housing Bonds”). The Housing Bonds financed the construction of a 182-unit, 580-bed student housing complex on land leased by the University to Housing. The Housing Bonds are variable rate obligations subject to tender by the holders thereof under the terms of the trust indenture, and are supported by a letter of credit issued by Barclays Bank in the amount of the outstanding principal amount of the bonds plus a period of interest at the maximum rate, which expires October 13, 2017. The University issued a guaranty to the letter of credit provider of certain reimbursement obligations of Housing with respect to draws on the letter of credit securing the Housing Bonds in October 2013. It is expected that the University's obligations under that guaranty will terminate and be extinguished on February 1, 2017.
Financial Operations
The General Receipts of the University for the five Fiscal Years ended June 30, 2012, 2013, 2014, 2015 and 2016 were as follows:
Fiscal Year 2012 2013 2014 2015 2016 Student Fees and Tuition(1) $347,307,594 $374,164,780 $379,789,082 $391,886,246 $404,421,772 Auxiliary Enterprises(2) 96,748,008 94,966,777 101,448,181 114,799,222 114,302,148 Other Unrestricted General 42,906,367 56,696,999 70,509,331 55,512,658 45,497,061 Income(3) Total General Receipts $486,961,969 $525,828,556 $551,746,594 $562,198,126 $564,220,981
(1) Student Fees and Tuition include: Instructional, Out-of-State Tuition Surcharge, General and all other student fees. (2) Includes income from intercollegiate athletics, residential housing, culinary services, parking and transportation services. (3) Includes sales and service revenue, royalty income, unrestricted investment income and all other unrestricted revenue sources. Source: Financial Statements and reports of the University for the Fiscal Years ended June 30, 2012, 2013, 2014, 2015 and 2016.
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The financial statements of the University have been prepared in accordance with generally accepted accounting principles as prescribed by the Governmental Accounting Standards Board (GASB) including GASB No. 34 and No. 35. The presentation required by GASB No. 34 and No. 35 provides a comprehensive, entity-wide perspective of the University’s assets, deferred outflows of resources, liabilities, deferred inflows of resources, net position, revenues, expenses, and changes in net position, and the direct method of cash flow presentation.
GASB No. 39, Determining Whether Certain Organizations Are Component Units, an amendment of GASB No. 14, was implemented by the University effective July 1, 2003. The University has determined that The Ohio University Foundation, a 501(c)(3) organization incorporated in Ohio in October 1945 to support the educational undertakings of the University, is to be reported in the University’s statements as a discretely presented component unit. Beginning with Fiscal Year 2015, it was determined that Tech GROWTH Ohio Fund and University Medical Associates, Inc. are component units of the University and their financial results have been presented in a blended format in the University’s financial statements.
The University implemented GASB No 68, Accounting and Financial Reporting for Pensions—an Amendment of GASB Statement No. 27, and GASB Statement No. 71, Pension Transition for Contributions Made Subsequent to the Measurement Date, effective July 1, 2014. Statement No. 68 requires governments providing defined benefit pensions to recognize their unfunded pension benefit obligation as a liability for the first time, and to more comprehensively and comparably measure the annual costs of pension benefits. Statement No. 71 is a clarification of GASB 68 requiring a government to recognize a beginning deferred outflow of resources for its pension contributions, if any, made subsequent to the measurement date of the beginning net pension liability. The Statements also enhance accountability and transparency through revised note disclosures and required supplementary information (RSI). Please refer to Notes 1, 11, and 17.
As of June 30, 2016, the University retrospectively applied Governmental Accounting Standards Board (GASB) Statement No. 72, Fair Value Measurement and Application. GASB Statement No. 72 provides guidance for determining a fair value measurement for reporting purposes and applying fair value to certain investments and disclosures related to all fair value measurements.
The University’s accounts are audited by professional certified public accounting firms, whose audit reports are provided to the Board of Trustees and to the Auditor of State. The latter has overall audit responsibility for public agencies in the State, including the University. The University’s audited financial statements for Fiscal Year 2016 are included in this Official Statement as APPENDIX B.
The University adopts an operating budget for each Fiscal Year based on prior years’ budgets, funding requests submitted by each of the University’s planning units and guidelines developed by the President and Board of Trustees in consultation with University leadership and the University Budget Planning Council. These requests are reviewed by the appropriate planning units, the University Budget Planning Council, University leadership, and then the President, prior to review and final approval by the Board of Trustees.
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The University, as part of its budgeting process, submits a biennial capital request to the State of Ohio Department of Higher Education for specific line items. In addition, the University receives instructional subsidy and performance funding allocations from the Department of Higher Education. The Board of Trustees considers the amount of State appropriations, along with the University’s budget requirements and other revenue sources, in establishing student tuition and fees for each academic year.
Every other year, the University prepares and updates its six-year capital improvement program. The University Planning and Space Management department works with University planning units to prioritize capital needs. This provides the basis for a State capital appropriation request which is submitted to the Department of Higher Education. The request identifies the projects proposed to be financed with State appropriations by the General Assembly and the purpose, priority and amount and source of funds for those projects. The Department of Higher Education and the General Assembly may approve, modify or decline aspects of the University’s capital appropriation programs.
The University’s current funds operating budget is composed of a restricted fund budget and an unrestricted fund budget, and the unrestricted fund budget is further divided into a general fund budget and auxiliary fund budget. The general fund budgets include Athens Colleges, the College of Medicine, the Regional campus system, and administrative and academic support. The general fund expenditure budget includes instruction and departmental research, separately budgeted research, public service, academic support, institutional support, operation and maintenance of plant, scholarships and fellowships and reserves. The auxiliary fund budget includes expenditures supported by other revenue sources, including room and board, parking, intercollegiate athletic and related income. The restricted fund budget includes expenditures supported by revenue from grants, contracts, gifts, and donations.
The Board of Trustees adopts an annual budget inclusive of both operating and non- operating funds. The Board delegates authority to modify the budget to the President, the Provost and the Vice President for Finance and Administration to the extent that unrestricted resources are available. The President and senior officers review forecasted revenues and expenditures throughout the year, and modify the budgets as appropriate. Financial forecasts and changes to budget are communicated to the Board of Trustees.
In the University’s financial statements, The Ohio University Foundation is presented discretely as a component unit of the University.
Set forth below is a summary of the University’s revenues, expenses and changes in net position for the five most recent Fiscal Years. These summaries are derived from the audited financial statements of the University for each of the Fiscal Years shown.
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Statements of Revenues, Expenses and Changes in Net Position (Dollars in Thousands)
Fiscal Year 2012 2013 2014 2015 2016 OPERATING REVENUE: Student tuition and fees $347,313,985 $374,172,489 $380,145,215 $392,062,045 $404,587,892 Less: Pell grants (36,385,924) (36,383,579) (33,496,473) (32,661,455) (30,795,925) Less: Other scholarships (28,011,937) (31,387,122) (36,512,529) (38,489,391) (43,977,085) Net Student tuition and fees 282,916,124 306,401,788 310,136,213 320,911,199 329,814,882 Auxiliary enterprises 96,748,008 100,419,557 101,448,181 114,799,222 114,302,148 Less: Pell grants-room and board (2,358,732) (2,563,364) (2,825,662) (2,328,069) (2,532,849) Less: Other scholarships-room and board (7,329,582) (7,862,805) (8,008,265) (7,992,024) (9,237,197) Net Auxiliary enterprises 87,059,694 89,993,388 90,614,254 104,479,129 102,532,102 Federal grants and contracts 31,709,532 33,234,217 26,615,696 26,843,597 24,023,414 State and local grants and contracts 8,947,427 8,930,894 7,300,853 8,633,612 10,485,203 Private grants and contracts 8,511,441 8,732,387 11,725,508 13,687,059 13,326,930 Royalties 9,657,819 10,237,675 10,584,970 10,133,481 6,641,811 Sales and services 8,331,864 8,823,843 16,290,831 14,054,755 15,657,406 Other sources 13,178,593 17,695,240 20,575,799 33,963,350 29,052,036 Total operating revenue 450,312,494 484,049,432 493,844,124 532,706,182 531,533,784
OPERATING EXPENSES: Educational and general: Instruction and departmental research 231,424,236 252,853,205 254,675,549 248,199,396 259,123,400 Separately budgeted research 42,516,967 45,849,130 45,196,225 44,750,624 38,951,805 Public service 27,134,973 27,883,360 28,675,082 28,081,220 30,258,913 Academic support 62,991,384 67,416,554 77,509,564 79,378,564 80,761,392 Student services 29,137,388 31,372,445 41,073,453 51,152,513 56,038,625 Institutional support 34,038,345 39,144,473 52,275,969 60,032,232 59,940,513 Operation and maintenance of plant 52,731,919 61,504,994 48,949,560 52,841,001 50,392,267 Student aid (including Pell grants of $4,706,399 in 2012, 10,575,082 11,493,470 10,262,608 8,647,508 8,479,525 $4,921,374 in 2013, $3,737,036 in 2014, $3,077,532 in 2015 and $2,829,193 in 2016 for Ohio University) Depreciation 34,828,661 35,150,724 36,428,683 37,919,010 43,020,802 Auxiliary enterprises 68,545,176 70,563,577 72,782,997 76,920,143 82,930,782 Total operating expenses 593,924,131 643,231,932 667,829,690 687,922,211 709,898,024 OPERATING LOSS $(143,611,637) $(159,182,500) $(173,985,566) $(155,216,029) $(178,364,240)
NONOPERATING REVENUE (EXPENSES): State appropriations 136,636,074 141,351,804 151,216,997 159,027,530 161,462,302 Federal grants – Pell 43,451,055 43,868,317 40,059,171 38,067,056 36,157,967 Federal grants – other nonexchange 1,656,583 2,078,589 2,060,444 1,937,952 2,044,478 State and local grants nonexchange 2,198,331 2,731,913 2,402,264 2,528,416 3,532,248 Private gifts 4,413,232 4,618,051 4,560,193 4,839,879 5,029,693 Investment income (loss), net 3,658,908 13,651,449 28,471,319 2,511,783 (4,401,323) Interest on debt (6,130,158) (6,083,629) (9,993,972) (18,554,472) (24,168,870) Other nonoperating expense (578,404) (478,687) (137,416) (272,925) (4,351,097) Net nonoperating revenue 185,305,621 201,737,807 218,639,000 190,085,219 175,305,398 INCOME (LOSS) BEFORE OTHER REVENUE 41,693,984 42,555,307 44,653,434 34,869,190 (3,058,842) OTHER REVENUE: State capital appropriations 6,200,109 4,935,547 7,376,727 13,957,113 13,802,435 Capital grants and gifts 11,468,690 3,869,353 12,320,018 4,819,265 5,223,040 Additions to permanent endowments 6,567 4,694 9,471 12,382 4,626 Total other revenue 17,675,366 8,809,594 19,706,216 18,788,760 19,030,101 INCREASE (DECREASE) IN NET POSITION 59,369,350 51,364,901 64,359,650 53,657,950 15,971,259 NET POSITION: Beginning of year 737,024,823 796,394,173 847,759,074 912,118,724 594,656,264 Adjustment for change in accounting principle - - - (371,120,410) - Beginning of year, as restated 737,024,823 796,394,173 847,759,074 540,998,314 594,656,264 End of year $796,394,173 $847,759,074 $912,118,724 $594,656,264 $610,627,523
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Capital Programs
The University has an on-going capital improvement program consisting of new construction and the renovation of existing facilities.
At June 30, 2016 the University was committed to future capital expenditures as follows:
Contractual commitments $65,516,512 Estimated completion costs of projects 79,831,725 Total $145,348,237
These projects will be funded by:
State appropriations $30,754,049 University funds (Including Bonds funds) 111,243,792 Gifts, grants, etc. 3,350,396 Total $145,348,237
Biennially the University updates its six year capital improvement plan by identifying and analyzing the University’s capital needs and assessing projects in several dimensions. In August 2016, the University completed the Fiscal Years 2017-22 capital improvement plan, which calls for an additional $325 million in capital spending financed through debt over that time period. The University expects to take a phased approach to debt issuance with the first tranche of $125 million of projects being funded by the Series 2017A. The University’s approach to debt financing will be driven by ongoing capital needs as well as the University’s financial performance.
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Gifts and Endowments/Foundation
The Ohio University Foundation received more than $31.9 million in gifts of cash and property during Fiscal Year 2016.
The following table shows the amount of cash and property received over the past five years. Amounts below do not include pledges receivable or revocable deferred gifts.
Current Fiscal Year Operations Endowment Real Estate Total 2012 $10,045,183 $8,759,563 $ - $18,804,746 2013 8,846,540 6,037,452 - 14,883,992 2014 10,047,243 10,569,618 305,547 20,922,408 2015 11,959,771 13,556,183 - 25,515,954 2016 18,079,293 13,814,897 82,500 31,976,690
The combined market values of the endowment for the Foundation and the University were as follows for the Fiscal Years indicated:
Fiscal Year Market Value 2012 $408,987,366 2013 446,747,523 2014 515,912,532 2015 506,989,247 2016 481,777,085
[End of Appendix A]
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APPENDIX B
AUDITED FINANCIAL STATEMENTS AS OF AND FOR THE YEARS ENDED JUNE 30, 2015 AND 2016
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Financial Statements for the Years Ended June 30, 2016 and 2015
Board of Trustees Ohio University West Union Street Office Center, Suite 275 1 Ohio University Athens, Ohio 45701
We have reviewed the Independent Auditor’s Report of the Ohio University, Athens County, prepared by Plante & Moran, PLLC, for the audit period July 1, 2015 through June 30, 2016. Based upon this review, we have accepted these reports in lieu of the audit required by Section 117.11, Revised Code. The Auditor of State did not audit the accompanying financial statements and, accordingly, we are unable to express, and do not express an opinion on them.
Our review was made in reference to the applicable sections of legislative criteria, as reflected by the Ohio Constitution, and the Revised Code, policies, procedures and guidelines of the Auditor of State, regulations and grant requirements. The Ohio University is responsible for compliance with these laws and regulations.
Dave Yost Auditor of State
December 27, 2016
ZZ 120- " 20##2Q'$2&*--0Q-*3+ 31Q&'-VUTSWVUWRX !&-,#SXSVVVXXVVWSV-0ZRRVTZTVRUYR 6SXSVVVXXVVV[R This page intentionally left blank. Ohio University Contents
Independent Auditor’s Report 1-3
Financial Statements
Management’s Discussion and Analysis 4-12
Statements of Net Position 13-14
Statements of Revenues, Expenses, and Changes in Net Position 15-16
Statements of Cash Flows 17-18
Notes to Financial Statements 19-68
Required Supplementary Information 69
Schedule of University’s Proportionate Share of the Net Pension Liability 70
Schedule of University Contributions 71
Supplementary Information 72
Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 73-74
Report on Compliance for Each Major Federal Program; Report on Internal Control Over Compliance 75-76
Schedule of Expenditures of Federal Awards 77-86
Notes to Schedule of Expenditures of Federal Awards 87-88
Schedule of Findings and Questioned Costs 89