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June 5, 2009

REGULAR MEETING OF THE BOARD OF TRUSTEES OF WESTERN CAROLINA UNIVERSITY

Room 510, H.F. Robinson Building June 5, 2009

The Board of Trustees of Western Carolina University met in regular session on June 5, 2009 in Room 510 of the H.F. Robinson Building. The meeting was called to order at 12:30 p.m.

ATTENDANCE
The following members of the Board were present: Mrs. MacNeill, Mr. Warren, Mrs. Wyche, Mr. Carlisle, Mrs. Williams, Mr. Kiser, Mrs. Burda, Mr. Worley, Mr. Little, Mr. Phillips and Mr. Cotton.

The following members of the Board were absent: Mr. Metcalf and Dr. Siegel.

Others present: Chancellor Bardo; Dr. Carter, Provost and Senior Vice Chancellor; Vice Chancellors Metcalf, Miller and Wooten; Mr. Kucharski, General Counsel; Mrs. Lynch, Chief of Staff; Mr. Smith, Athletic Director; Dr. Beam, Faculty Senate Chair; Mr. Bill Studenc, Senior Director of News Services; Reporter Mr. Boatwright, Asheville Citizen-Times; Reporter, Ms. Merchant, Smoky Mountain News; Reporter, Mr. Sprinkle, graduate student; Mrs. Ashe, Administrative Assistant; and Ms. Welch, Assistant Secretary to the Board.

ETHICS STATEMENT
Mrs. MacNeill read the following: “As Chair of the Board of Trustees, it is my responsibility to remind all members of the Board of their duty under the State Government Ethics Act to avoid conflicts of interest and appearances of conflict of interest as required by this Act. Each member has received the agenda and related information for this Board of Trustees’ meeting. If any Board member knows of any conflict of interest or appearance of conflict with respect to any matter coming before the Board of Trustees at this meeting, the conflict or appearance of conflict should be identified at this time.”

There were no conflicts disclosed.

SWEARING-IN OF BOARD MEMBER
Mr. Cotton, the new SGA President, was sworn in by Ms. Welch. Mrs. MacNeill stated that he is the most important member on the Board.

APPROVAL OF MINUTES
Mr. Warren moved that the minutes of the March 13, 2009 regular meeting and the minutes of the May 14, 2009 teleconference of the Executive Committee be approved as drafted. Mr. Worley seconded the motion, and it was approved unanimously.

CLOSED SESSION
Mr. Warren moved that the Board go into closed session to consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or employee. Mr. Worley seconded the motion, and it was approved unanimously. Dr. Bardo asked Mr. Kucharski to stay for the closed session.

RETURN TO OPEN SESSION
Mr. Worley moved that the Board return to open session. Mr. Warren seconded the motion, and it was approved unanimously.

REPORT OF THE ACADEMIC AFFAIRS AND PERSONNEL COMMITTEE
Mr. Worley reported that the committee has two action items. Mr. Worley stated that the committee recommends a curtailment of the Clinical Lab Sciences program in the College of Health and Human Sciences. He also reported that the Dean of the College has considered this curtailment to meet budgetary cutbacks and to re-structure the program. Mr. Worley moved on behalf of the committee that the Board approve the curtailment of the Clinical Lab Sciences program by eliminating costs for the next two years to see what adjustments need to be made. He added that the recommendation will have to go to General Administration for final approval. Mrs. MacNeill asked what was meant by curtailment of the program. Dr. Bardo replied that the program will not be eliminated from inventory, but it will be put on hiatus. He added that when the budget comes back, the program will be re-designed to enroll sufficient numbers of students. Dr. Bardo stated that the program may work better as a Distance Education program, rather than a resident credit program because of the nature of who takes it. Dr. Bardo also stated that no new students will enroll in the program while curtailed; however, students currently enrolled will be allowed to finish the program. The motion was approved unanimously.

Mr. Worley moved on behalf of the committee that the Board approve a three-year extension of the contract for the Athletic Director, Mr. Chip Smith. Mr. Kiser seconded the motion, and it was approved unanimously.

Mr. Worley referred everyone to the materials in Tab C for information about notifications of personnel actions.

REPORT OF THE ADMINISTRATION, FINANCE AND AUDIT COMMITTEE
Mr. Kiser reported that the Internal Auditor presented a revised audit charter that defines the Office of Internal Audit’s purpose, authority, and responsibility. The revised charter clearly states that the internal audit is an independent, objective assurance and consulting activity designed to add value and improve the university’s operations. Mr. Kiser moved on behalf of the committee that the Board approve the revised audit charter. The motion was approved unanimously.

Mr. Kiser stated that Ms. Lochner, Associate General Counsel, presented a program that when implemented would detect, prevent, and mitigate identity theft in connection with covered accounts within the University. This program will require the creation of policies and procedures throughout the University to achieve these goals. This program is appropriate for the University and action should be taken to implement necessary policies and procedures as soon as practicable. Mr. Kiser moved on behalf of the committee that the Board approve an Identity Theft Prevention Program (Red Flags Program). The motion was approved unanimously.

Mr. Kiser reported that the Internal Auditor reviewed the projects that had been completed since the last Board Meeting. He stated that the Internal Auditor also updated the committee on a new initiative – fraud risk assessment. Mr. Kiser mentioned that the first assessment will be conducted within the Administration and Finance Division during FY 09-10.

Mr. Kiser explained that the Committee was updated on current budget reversions and anticipated future budget reductions. Mr. Kiser mentioned that the budget update was extremely discouraging and that the Chancellor will update the Board later in the meeting on the budget.

Mr. Kiser stated that the Committee received an update on campus construction. Unfortunately, the two main projects, Courtyard Dining Hall and Balsam Residence Hall, scheduled for completion this summer, are running behind. He also stated that the dining facility is completed except for the railing on the staircase in the center of the building. He added that this should be finished by the end of June and the building operational during second session of summer school. Mr. Kiser mentioned that the new residence hall has encountered some construction problems and we now anticipate only receiving 300 of the 400 beds with the start of the fall semester. He also mentioned that the contractor is working to deliver the entire building by August 1; however, contingency plans have been developed to accommodate a partial delivery. Mr. Kiser reported that a claim for additional fees has been submitted by the general contractor of the Fine & Performing Arts Center and negotiations are ongoing. He added that other normal repair projects are taking place at various locations across campus.

Mr. Kiser noted that through a competitive process, Pepsi Cola Bottling Company in Hickory was awarded the exclusive campus soft drink contract for the next ten years. He stated that the total value of this contact is $3,285,000 including $500,000 in year one to provide a video scoreboard in the football stadium. Mr. Kiser also stated that over the ten year period, $2,325,000, or 71% of the total contract will be utilized in support of scholarships.

REPORT OF THE ALUMNI, HONORS AND EXTERNAL AFFAIRS COMMITTEE
Mr. Phillips reported that through May of this year the Foundation had received 3,964 gifts in fiscal 2009, an increase of 12.7 percent over last year. He also reported that the number of donors has increased, although the size of the average gift has declined, reflecting the downturn in the national economy. Mr. Phillips further reported that commitments to the Campaign through May 31 this fiscal year total $4.7 million. He mentioned that restricted and unrestricted gifts to the Foundation and the WCU Endowment through May 31 this fiscal year total $4.0 million, 32 percent more than the same period in 2008. Gifts to the Foundation total $2.2 million, trailing last year's numbers about 11 percent.

Mr. Phillips reported that planning is underway for a gala Homecoming weekend Thursday, October 15, through Saturday, October 17. He added that the planning includes a University-wide celebration of the Campaign for Western Carolina, a celebration of the University's 120th anniversary, the Foundation's 2nd Annual Scholarship Luncheon for donors and their scholars, and special symposia presented by the colleges.

Mr. Phillips moved on behalf of the committee that:

(1) Frank Brown, III; Joe Crocker; Robert M. Failing; Roland Johnson; Dick Jones; and David Steed be reelected to another three-year term on the Foundation Board, and that

(2) Roger Plemens and Keith Ramsey be elected for a three-year term. The terms begin July 1, 2009, and that

(3) Election of the following nominees be deferred until the next meeting: Linda Jones Hudson Gilbert and Loretta Dodgen.

The motion was seconded, and it was approved unanimously.

REPORT OF THE STUDENT AND ATHLETIC AFFAIRS COMMITTEE
Mr. Warren reported that Men’s Golf finished in 3rd place in the Southern Conference Tournament; Men’s Outdoor Track finished 1st place in the Southern Conference Championship, WCU student-athletes were named to three of the four outstanding performer awards and Danny Williamson was named Coach of the Year; and Women’s Outdoor Track finished 2nd place in the Southern Conference Championship, WCU student-athletes were named to two of the four outstanding performer awards.
Mr. Warren stated that twenty-three WCU student-athletes earned recognition on the Southern Conference Winter Academic All-Conference Team. WCU had more student-athletes recognized than any other school. Mr. Warren further stated that the minimum qualifications were a 3.2 GPA and participation in at least 50% of the teams’ competitions. Mr. Warren mentioned that thirty-four WCU student-athletes will be named to the Spring Academic All Conference Team, which will be announced later this month.

Mr. Warren reported that WCU alumnus Norman West was honored with the Southern Conference Distinguished Service Award for his longtime support of WCU Athletics.

Mr. Warren mentioned that for 2008-2009, there were 20 Catamounts named to conference All Freshman teams and eleven Catamounts were selected as Southern Conference Student-Athletes of the Week in recognition of academic and athletic achievement, the most of any conference school.

Mr. Warren reported that the overall team GPA is the highest ever, at 3.109. This includes 87 on the Dean’s List (most ever in a spring semester), and 18 student-athletes who earned a 4.0 (most ever in one semester). He also reported that the football team had its second highest GPA ever. Mr. Warren further reported that the women’s basketball team has the highest cumulative team GPA (3.52).

Mr. Warren stated that coach Kellie Harper has taken the head women’s basketball coach position at North Carolina State University. Karen Middleton has been hired to fill that position. Coach Middleton played collegiately at the University of South Carolina and has coached at Eastern Washington, Stanford and the University of Illinois.

Mr. Warren explained that during the Spring 2008 term the WCU Community Creed was introduced to the campus and the Department of Judicial Affairs was reorganized to include responsibility for alcohol and other drug education under a new name: the Department of Student Community Ethics. A comprehensive review of the Student Code of Conduct also began at this time. Mr. Warren added that over the last year, this review led to a total rewrite of the Student Code of Conduct. He also added that the new Student Code of Conduct addresses the following issues in the current Code:
- Fully complies with the UNC Board of Governors policy definition for due process requirements
- Fully complies with the UNC Code requirements for appeals procedures
- Behavioral standards were clarified; for example, a new definition for hazing is being implemented
- Modifications were made consistent with threat assessment evaluation techniques
- The overall document was simplified for greater ease of use
Mr. Warren stated that in August this new Code will go into effect.

Mr. Warren mentioned that due to delayed progress on the Balsam Hall project, we expect to have 75% of the facility available for the opening of the fall semester with the facility completed by mid-September. Most of the students assigned to live in Balsam Hall will be able to move-in on time, while the rest will have temporary housing assignments pending completion of construction. He added that final decisions on all of these student housing arrangements will be made over the next four-to-six weeks.

Mr. Warren asked Josh Cotton to report on behalf of the Student Government Association. Mr. Cotton explained that there is a bit of downtime with summer. He stated that the SGA is working on filling out its Cabinet. Mr. Cotton mentioned that he is excited about their public relations person who has made a new brochure for orientation. He added that it will be a big year ahead and the SGA will focus on public relations. Mr. Cotton stated that it will bring professionalism to the student government. He explained that the SGA is hoping to have a concert on the weekend of Homecoming. Mr. Cotton thanked everyone for welcoming him to the Board.

COMMENTS BY CHAIRMAN MACNEILL
Mrs. MacNeill thanked everyone for being here and for the flexibility of their schedules. She mentioned that these are difficult and challenging times.

Mrs. MacNeill recognized the people rotating off of the Board in years of service. She stated that Mrs. Burda had been on the Board for 10 years. Mrs. MacNeill mentioned that the Board will miss the voice of Genevieve Burda. Mrs. Burda replied that it has been a privilege and honor to be on the Board. Mrs. MacNeill explained that Mr. Phillips is leaving the Board with 9 years of service. She stated that Mr. Phillips has always been very supportive of the University. Mrs. MacNeill mentioned that Mr. Carlisle is rotating off the Board with 8 years of service and he has brought so much to the Board with his insights. She thanked each one publicly and personally.

Mrs. MacNeill explained that Chancellor Bardo’s performance evaluation with President Bowles and Ron Leatherwood went smoothly. She mentioned that it was very positive and constructive.

Mrs. MacNeill stated that the during the Board’s self-evaluation, they decided to form a task force and follow up on things such as by-laws, electronic attendance, committee structure and new member orientation. She also stated that Mr. Worley will head the task force. Mrs. MacNeill added that Mr. Warren and Mr. Kiser will also be members of the task force. She asked that the task force meet right after the Board adjournment. If anyone else would like to join, please feel free.

Mrs. MacNeill stated that a tentative schedule of meetings for 2010 is being passed out. She added that the Board of Governors’ schedule is not out yet, so the tentative Board of Trustees schedule could change. Mrs. MacNeill explained that there is a form that each Board member should fill out for IT. This will enable each member to log-on to the WCU website securely.

CHANCELLOR’S COMMENTS
Dr. Bardo stated that he had not applied for the Chancellorship at the University of Cincinnati and that he is not interested in the position. Dr. Bardo further stated that he is going to concentrate on WCU.

Dr. Bardo explained that the contract with Pepsi will help Athletics. The scoreboard that Pepsi is providing will be helpful in this budget time as we will not be able to invest dollars in Athletics.

Dr. Bardo mentioned that we will expect to see a modest increase in graduate and distance enrollment. He also mentioned that we did not know what to expect this year because of the economy. Dr. Bardo stated that as of this morning, there are 1,720 deposits. He added that we stopped taking deposits on May 1 and that everyone else is on a waiting list to pay deposits. Dr. Bardo estimates the freshman class to be approximately 1525-1550 and that we will be up 450 students for orientation. He stated that we anticipate a 9300-9500 total headcount. Dr. Bardo reported that if we over-enroll, we will use the opportunity to continue to raise the academic standards. He added that the Honors College has a record enrollment.

Dr. Bardo asked Board members to contact legislators with four messages regarding the budget: 1. Minimize the cuts. You cannot cut your way to prosperity. The future for North Carolina has to be in education. 2. If they have to make cuts, let us determine how to minimize damage to the University to let us come out stronger. 3. Please do not cut State employee salaries on a permanent basis. Do it as a furlough rather than a permanent cut. 4. (This affects smaller universities) Do not cut out-of-state tuition scholarship waivers. Cuts would mean a loss of $600,000 which cannot be replaced. Consider a phase-out instead of a cut. Scholarships have already been given. Dr. Bardo asked the Board to thank legislators for their sleepless nights and long hours.

Dr. Bardo stated that we have already re-arranged 8% of our budget. He also stated that he will ask University leadership to prepare contingency plans for another 4-7%, so that we are ready in case there are continuing problems. Dr. Bardo further stated that we are trying to maintain a number of core values: do as little damage as possible; come out stronger; protect the core; and, re-organize for efficiency. He added that we will see re-structuring in some additional administrative areas. Dr. Bardo mentioned that the deans will create a process regarding the nature of how they look at academic programs. He also mentioned that we are beginning a review of general education. Dr. Bardo explained that we are trying to keep an information flow going to campus. Dr. Bardo also stated that we are looking at ways to share in the implementation and responsibility for Banner, computing systems, etc. Discussion followed. Mrs. Burda asked if we anticipate reducing the number of hours for students. Dr. Bardo responded that we are not looking at reducing the number of hours for budget purposes; however, we are looking at it for the efficiency of the student.

Dr. Bardo reported that the Pride of the Mountains Marching Band has won the Sudler Trophy this year. He added that this is the John Phillips Sousa Society’s highest award. Dr. Bardo further mentioned that WCU is the only school in North Carolina that has won it. He also added that on October 24th the Society will present the award.

Dr. Bardo thanked Mrs. Burda, Mr. Phillips and Mr. Carlisle for serving on the Board. He stated that Ed Broadwell has been appointed by Board of Governors; however, we are waiting on the Governor appointees. Dr. Bardo mentioned that this is Mrs. MacNeill’s last meeting as chair and thanked her for her labor of love. He stated that he has immensely enjoyed working with her as Chair.

COMMENTS FROM THE FACULTY CHAIR
Dr. Beam stated that in addition to approving a large number of routine curriculum items, the Senate has: approved a revised Course Proposal Form and Process; started a process for reviewing the university General Education/Liberal Studies program; ratified some changes to the Charter for the UNC Faculty Assembly; and adopted a Student Evaluation Procedural Manual.

Dr. Beam mentioned that, in addition, the General Faculty has adopted a revised Constitution and By-laws and has conducted elections for the various elected University-wide committees so that these positions have been properly filled for the next academic year.

The Chancellor thanked Richard Beam and the Faculty Senate for their work.

ADJOURNMENT
There being no further business, Mr. Little moved to adjourn the meeting. Mr. Warren seconded the motion and the meeting was adjourned at 1:55 p.m.

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