The Board of Visitors of Old Dominion University met in regular session on Thursday, November 16, 1989, at 1:00 PM in Webb University Center. Present were:
Richard F. Barry III, Rector
Gene R. Carter, Sr.
George Dragas, Jr.
James K. Hall
Ann H. Kilgore
Beverley R. Lawler
Arnold H. Leon
Arnold B. McKinnon
Jackson K. Parker
J. Michael Pitchford
H. B. Price III
Robert E. Washington
William C. Wiley
Brenda T. Williams
Absent were:J. William Howell
Gammiel Poindexter
Joyce Strelitz
Also present at the invitation of the Board were:William B. Spong, Jr., President
Nina W. Brown
Dana D. Burnett
Elizabeth Clarke-Heltz
Stephen P. Daniel
Warren A. Harris
George Hanna
David F. Harnage
George R. Healy
Myron S. Henry
E. Wayne Higgins
James Jarrett
Patrick B. Kelly
Kay A. Kemper
Ellen C. McClintock
Donna W. Meeks
Donna S. Morris
J. Frank Sellew
James W. Schupppenhauer
David T. Shufflebarger
Richard A. Staneski
Douglas D. Tudor
Phil Walzer
EXECUTIVE SESSION
The Rector called the meeting to order and recognized Dr. Williams who made the following motion, "Mr. Rector, I move that this meeting be recessed and that we reconvene in executive session for the purpose of discussing matters related to gifts, specifically the distribution of collected funds, and to review nominees for honorary degrees, as permitted by Subsection (A), Paragraphs (8) and (10) of Section 2.1-344 of the Code of Virginia."
RECONVENE IN OPEN SESSION, FOIA CERTIFICATION AND APPROVAL OF MINUTES
At the conclusion of Executive Session, a motion was made, seconded and unanimously approved to reconvene in open session. The Rector asked if there were any members who, in their judgment, felt that they could not certify that (1) only public business matters lawfully exempted from the open meeting requirements under the Freedom of Information Act, were discussed and (2) that only such public business matters as were identified in the motion by which the executive session was convened were heard, discussed or considered? If so, he asked such board members to state specifically what he/she felt the departure was. Hearing no dissent, the Rector asked for certification by a vote of Aye. Board members in favor (14); Board members opposed (0). The vote on certification passed.
Rector Barry asked for approval of the minutes of the regular meeting of September 29, 1989. Upon a motion duly made and seconded, the minutes were approved as distributed.
PRESIDENT'S REPORT
The Rector called on President Spong for his report. President Spong reported that he has spent the past several days in Richmond and has been told that funding will be tight this year. The institutions of higher education in Virginia, including Old Dominion University, may not receive even those items recommended by SCHEV. The President will be enlisting the help of board members in the months ahead in the University's efforts to convince the legislators of the validity of its needs.
A draft report of the Commission on the University of the 21st Century was released yesterday. The President indicated that he will send each board member a copy of the report and asked them to read it very carefully and be prepared to discuss it at the board's strategic planning retreat in February.
REPORTS OF STANDING COMMITTEES
STUDENT AFFAIRS COMMITTEE
Rector Barry called on Mr. McKinnon for the report of the Student Affairs Committee. Mr. McKinnon reported that Marvin Hensley, Director of Student Financial Aid, described the student aid programs available at Old Dominion University. He explained that the current federal stalemate related to the Gramm-Rudman-Hollings Act may have some significant repercussions for students as early as next year.
Ms. Theresa Byrne, newly appointed Director of the Student Health Center, described her goals which included providing high quality treatment at the lowest possible cost, incorporating creative prevention and education, and working with students in the process.
Ms. Nancy Lindgren, Director of Student Activities, Scott Harrison, Assistant Director, and student officers from the newly formed Commuter Student Leadership Association described current and planned services for the University's large commuter student population.
Dorm representatives from Gresham Hall described a Halloween party which was given in the dorm for the children in the surrounding neighborhoods. In addition to the party, the children visited each room for "tricks or treats."
Dr. Burnett introduced Mr. Sylvester Hopewell, who was recently appointed as Director of Minority Student Services.
Dr. Jarrett reported on the success of our fall sports teams in soccer (Sunbelt champions and invited to participate in the NCAA championship for the first time), women's field hockey (in the final four), and sailing (defending their championship).
ACADEMIC AFFAIRS COMMITTEE
Rector Barry called on Mrs. Kilgore to give the report of the Academic Affairs Committee. Mrs. Kilgore reported that Dr. Lucy Wilson, Associate Vice President for Student Services, briefed the Committee on the Assessment of Academic Achievement. She stated that in July, 1989, Old Dominion University reported the results of its initial assessment efforts to the State Council of Higher Education. The report focused on four components chosen for assessment by the institution: achievement in general education, developmental/remedial programs, major disciplines, and student and alumni opinions of the University's programs and services. Dr. Wilson highlighted the most significant findings from the assessment effort to date.
Dr. Myron Henry reported on the progress of the Academic Affairs Strategic Planning Committee. He said that a writing subcommittee has been formed to develop a first draft, which would be ready in early spring. Dr. Henry also noted that he would be attending a workshop for reaccreditation sponsored by the Southern Association of Colleges and Schools (SACS) in December.
The following resolutions were brought forth as recommendations from the Committee and were unanimously approved:
PERSONNEL APPOINTMENTS
RESOLVED, that upon the recommendation of the Academic Affairs Committee, the Board of Visitor approves the following personnel appointments:
Name and Rank - Salary - Effective Date - Term
Mr. James O. Anyango - $24,200 - 8/1/89 - 10 mos.
Instructor of Economics
Mr. Anyango received a B.A. and an M.A. in Economics in 1982 and 1987 respectively from Eastern Illinois University. From 1986 to 1987 he was employed as a research assistant at the University of Nairobi, Department of Geography. Since 1987 he has been employed at Eastern Illinois University in a non-academic position.
Dr. Richardean S. Benjamin - $40,000 - 8/1/89 - 10 mos.
Assistant Professor of Nursing
(Tenure Track)
Dr. Benjamin received a B.S.N. in Nursing in 1978 from Armstrong State College, an M.S.N. in Nursing in 1979 from the Medical College of Georgia, a Ph.D. in Nursing in 1984 from the University of Texas, and an M.P.H. in Epidemiology in 1989 from the University of Pittsburgh. From 1983 to 1986 she was employed as an assistant professor at Georgia Southern College. Since August, 1988, Dr. Benjamin has been employed as assistant to the director of the American Nurses Association Minority Fellowship Program. Dr. Benjamin has one publication, "Epidemiology and Child Diagnosis," to her credit. She is a member of the American Nurses Association, National Black Nurses Association, and the American Public Health Association.
Dr. Hsin-Kung Andrew Chuang - $38,000 - 8/1/89 - 10 mos.
Visiting Assistant Professor of Mechanical Engineering and Mechanics
Dr. Chuang received a B.S. and a Ph.D. in Mechanical Engineering in 1983 and 1988 respectively from Old Dominion University and an M.S. in Aerospace Engineering in 1984 from Georgia Institute of Technology. From September, 1983, to March, 1985, he was employed as a research assistant in the School of Aerospace Engineering at Georgia Institute of Technology. Since May, 1985, Dr. Chuang has been employed as a research assistant in the Department of Mechanical Engineering and Mechanics at Old Dominion University. Dr. Chuang has nine publications to his credit. He is a member of the American Institute of Aeronautics and Astronautics and the American Society of Mechanical Engineers.
Dr. Charles W. Cortes - $31,000 - 8/1/89 - 10 mos.
Assistant Professor of Health, Physical Education and Recreation
Dr. Cortes received a B.Ed. in Physical Education in 1979 from the University of New Brunswick (Canada), and an M.Sc. and Ph.D. in Exercise Physiology in 1985 and 1988 respectively from the University of Southern Mississippi. From 1983 to August, 1988, he was employed as a graduate teaching assistant at the University of Southern Mississippi. Since August, 1988, he has been employed as a coordinator of Sports Medicine and Wellness Programs at the Southwest Mississippi Regional Medical Center. Dr. Cortes has numerous publications to his credit and has given presentations at seminars. He is a member of the American College of Sports Medicine and the Southeast Chapter of American College of Sports Medicine.
Mr. Lloyd Cowling - $24,100 - 8/1/89 - 10 mos.
Instructor of Computer Science
Mr. Cowling received a B.S. in Mathematics in 1976 from West Virginia Wesleyan College and an M.S. in computer science in 1977 from Virginia Polytechnic Institute. From 1982 to 1986 he was employed as an assistant professor in Computer Science at West Virginia Wesleyan College and as an educational technician at UNISYS, Inc. from 1986 to 1988. Since 1988 Mr. Cowling has been employed as a project director at Research and Evaluation Associates. He is a member of the Association of Computing Machinery.
Dr. Gerald W. Culkin - $18,750 - 1/1/90 - 5 mos.
Assistant Professor of Civil Engineering
(Tenure Track)
Dr. Culkin received a B.S. in Chemical Engineering in 1976 from the University of Cincinnati and an M.S. in Civil Engineering in 1986 from the University of Texas at Austin. He is expected to receive his Ph.D. in Civil Engineering in December, 1989, from the University of Texas at Austin. Since 1984 Dr. Culkin has been employed as a research assistant at the University of Texas at Austin. He has co-authored one publication and has given presentations at conferences. He is a member of the American Geophysical Union and Water Pollution Control Federation.
Dr. Eileen E. Hofmann - $45,000 - 8/1/89 - 10 mos.
Associate Professor of Oceanography
(Tenure Track)
Dr. Hofmann received a B.S. in Biology in 1974 from Chestnut Hill College and an M.S. in Physical Oceanography and a Ph.D. in Marine Sciences and Engineering in 1976 and 1980 respectively from North Carolina State University. Since 1985 she has been employed as an assistant professor in the Department of Oceanography at Texas A&M University. Dr. Hofmann has numerous publications to her credit. She is a member of the American Geophysical Union and American Society of Limnology and Oceanography.
Ms. Ruth H. Hull - $26,600 - 8/1/89 - 10 mos.
Instructor of Dental Hygiene and Dental Assisting
Ms. Hull received a B.S. in Health Related Professions in 1977 from the University of Pittsburgh and an M.S. in Dental Hygiene in 1988 from Old Dominion University. From August, 1985, to June, 1986, she was employed as a dental hygienist with Dr. Allen Danoff and from September, 1987, to May, 1988, she was employed as a research assistant at Old Dominion University. Since September, 1988, Ms. Hull has been employed as a dental hygienist for Dr. James W. Meares. Ms. Hull has one publication to her credit and has given presentations to professional associations and talks to the local community. She is a member of the American Dental Hygienists' Association and the Virginia Dental Hygienists' Association.
Dr. John M. Klinck - $45,000 - 8/1/89 - 10 mos.
Associate Professor of Oceanography
(Tenure Track)
Dr. Klinck received a B.S. in Physics in 1972 from Clemson University, an M.S. in Physics in 1975 from the University of North Carolina, and a Ph.D. in Marine Science in 1980 from North Carolina State University. From June to December, 1987, Dr. Klinck was employed as a Visiting Professor of Oceanography at Old Dominion University. Since 1983 he has been employed as an assistant professor at Texas A&M University. Dr. Klinck has numerous publications to his credit. He is a member of the American Association for the Advancement of Science and the American Geophysical Union.
Ms. Becky D. Manning - $25,925 - 9/1/89 - 9 mos.
Lecturer of Speech/Magnet School
Ms. Manning received a B.A. in Communication Arts in 1978 from Appalachian State and an M.F.A. in Design and Production in 1981 from the University of North Carolina. From 1982 to 1986 Ms. Manning was employed as a manager and technical director at Appalachian State and as a designer and technical director at Lees-McRae College from May to August, 1988. Since August, 1988, she has been a designer for a commercial photography studio.
Ms. Karen W. Marchetti - $23,500 - 8/1/89 - 10 mos.
Instructor of Marketing
Ms. Marchetti received a B.S in Marketing in 1987 from Radford University and an M.B.A. in Marketing in 1989 from Old Dominion University. From September, 1987, to May, 1989, she was employed as a teaching and research assistant at Old Dominion University. Since May, 1989, Ms. Marchetti has been employed as an adjunct instructor in the Marketing Department at Old Dominion University.
Dr. Otto B. Martinson - $51,000 - 8/1/89 - 10 mos.
Assistant Professor of Marketing
(Tenure Track)
Dr. Martinson received a B.A. in Accounting, an M.B.A. in Financial Management, and a D.B.A. in Business in 1960, 1962 and 1969 respectively from George Washington University. Since 1986 he has been employed as president and chairman of the board at Alph-Omega Capital, Inc., where he directed fund raisings and developed strategic plans and implemented joint ventures. Dr. Martinson has numerous publications to his credit. He is a member of the American Accounting Association and National Contract Management Association.
Ms. Nancy T. Minguez - $23,000 - 8/1/89 - 10 mos.
Instructor of Foreign Languages and Literatures
Ms. Minguez received a B.A. in Spanish in 1976 from Old Dominion University and an M.A. in Spanish in 1978 from the University of deSalamanca (Spain). From August, 1981, to December, 1981, she was employed as a Spanish teacher at Norfolk Academy. Since 1985 Ms. Minguez has been employed as an adjunct instructor in the Department of Foreign Languages and Literatures at Old Dominion University.
Ms. Peggy Scarborough - $24,000 - 8/1/89 - 10 mos.
Instructor of Accounting
Ms. Scarborough received a B.B.A. in Accounting in 1980 from Howard University and an M.B.A. in Finance in 1982 from Indiana University. From November, 1987, she was employed as a financial analyst at the Federal Reserve Board. During the summer of 1988-89 Ms. Scarborough was employed as an adjunct instructor in the Accounting Department at Old Dominion University. She is a member of the American Institute of Certified Public Accountants.
Ms. Ruth Stone - $31,000 - 8/1/89 - 10 mos.
Assistant Professor of English
Ms. Stone was employed as a visiting professor at New York University during 1985-86, an adjunct professor at Cooper Union in 1986, and an adjunct professor at SUNY-Binghamton in `1988-89. She has had numerous poetry collections published: The Solution, American Milk, and Second-Hand Coat. Ms. Stone has also had poems published in periodicals and anthologies.
Ms. Melinda S. Stowe - $25,500 - 10/1/89 - 10 mos.
Systems/Automation Librarian
Ms. Stowe received a B.A. in Psychology in 1978 from the University of North Carolina at Chapel Hill and an M.S.L.S. in Library and Information Science in 1989 from the Catholic University of America. Since 1981 Ms. Stowe has held various positions such as library assistant, computer operator, computer lead operator and production control lead technician at Old Dominion University Library. She is a member of the Virginia Library Association and the American Library Association.
Dr. Alice P. Wakefield - $28,000 - 8/1/89 - 10 mos.
Assistant Professor of Child Study and Special Education
Dr. Wakefield received a B.S. in Speech/Theater Arts in 1961 from Ohio State University, an M.Ed. in Early Childhood in 1973 from the University of North Carolina-Charlotte, and an Ed.D. in Early Childhood in 1983 from the University of Virginia. Since 1986 she has been employed as an Assistant Professor of Early Childhood Education at the College of Charleston. Dr. Wakefield has several publications to her credit and has given numerous presentations at professional meetings and conferences. She is a member of the National Association of Early Childhood Teacher Educators, the National Association for the Education of Young Children, and the Southern Association for Children Under Six.
Ms. Alyce Walcavich - $35,034 - 8/16/89 - 10½ mos
Lecturer of Art/Magnet School
Ms. Walcavich received an A.A. in General Education in 1969 from Richard Bland College, a B.F.A. in Art in 1971 from the College of William and Mary, and an M.F.A. in Art in 1974 from Virginia Commonwealth University. Since 1979 she has been employed as an art instructor in the Virginia Beach Public Schools. Ms. Walcavich has shown her work at numerous exhibitions throughout Virginia.
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APPOINTMENT OF ASSOCIATE DIRECTOR OF
ACADEMIC TELEVISION SERVICES
RESOLVED, that upon the recommendation of the Academic Affairs Committee, the Board of Visitors approves the appointment of Mr. Alexander Leidholdt as Associate Director of Academic Television Services, with the rank of instructor, effective immediately.
Mr. Leidholdt received a B.A. in English in 1978 from Virginia Wesleyan College, an M.S. in Communication in 1980 from Clarion University, and an Ed.S. in Instructional Systems Technology from Indiana University. Mr. Leidholdt has been employed as television producer in Academic Television Services at Old Dominion University since 1985. Other positions he has held include writer/director at Clarion Communications from 1985 to 1989. He is a member of the University Film and Video Association and International Film and Television Association.
Salary: $38,000 for twelve months.
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APPOINTMENT OF DIRECTOR OF CHANCE
RESOLVED, that upon the recommendation of the Academic Affairs Committee, the Board of Visitors approves the appointment of Ms. Sharon W. Meslang as Director of CHANCE, with the rank of instructor, effective immediately.
Ms. Meslang received a B.S. in Education and an M.S. in Special Education in 1973 and 1986 respectively from Old Dominion University. Since 1983 Ms. Meslang has been employed as project director of the CHANCE Program at Old Dominion University. She has also served as consultant at the Eastern Virginia Center for Children and Youth and at the Community Mental Health Center and Psychiatric Institute. Ms. Meslang has given numerous presentations at conferences. She has been professionally involved with the Norfolk Commission on Aging, Board of Directors YWCA, Council for Exceptional Children, and the Executive Board of Association of Retarded Citizens of Tidewater.
Salary: $34,500 for ten months.
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RENAMING THE DEPARTMENT OF EDUCATIONAL
LEADERSHIP AND SERVICES
RESOLVED, that upon the recommendation of the Academic Affairs Committee, the Board of Visitors approves the renaming of the Department of Educational Leadership and Services to the Department of Educational Leadership and Counseling. The change in name will be effective beginning with the 1990 spring semester.
Rationale: The Department of Educational Leadership and Services has 14 professors with seven of them with specializations in counseling. It confers an undergraduate and graduate degree in counseling. This change in departmental designation will more accurately reflect the department's ongoing activities.
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REVISION TO THE BOARD OF VISITORS RULE AND REGULATION
ON LEAVE OF ABSENCE WITHOUT COMPENSATION
RESOLVED, that upon the recommendation of the Academic Affairs Committee, the Board of Visitors approves the revision to the Rule and Regulation on Leave of Absence Without Compensation, revised by the Board of Visitors on December 9, 1983. The change is effective immediately. A complete copy of the revised rule and regulation follows with the change underlined.
Rationale: This change is being made in order to be consistent with Rule and Regulation Number 1202, Authority of the President, which was approved by the Board of Visitors on June 19, 1986 and revised on November 19, 1987.
Leave of Absence Without Compensation
Leave of absence without compensation may be granted for reasons that are in the interests of the university. Faculty granted such leave shall return to their positions at the salary they were earning at the time the leave was granted plus any increments that may have been awarded.
A faculty member's request for leave of absence must be approved by the department chairperson, the dean, the vice president for academic affairs, and the President. Such leaves are granted for one year at a time and no more than two consecutive years of leaves of absence shall normally be permitted. A faculty member on leave of absence without compensation may not become employed as a full-time faculty member at another institu-tion unless such employment was proposed on the faculty member's request for a leave of absence and was approved.
Faculty authorized for leave of absence without compensation are eligible for extended benefits under life insurance, group medical programs, and some similar programs available to employees of the University.
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RESOLUTION AUTHORIZING SPECIAL SALARY
SUPPLEMENTS FOR SLOVER CHAIRS
WHEREAS, The Old Dominion University Educational Foundation has received an endowment fund from the Estate of Samuel L. and Fay M. Slover to be used (i) to endow three chairs in the field of oceanography in any of the departments or colleges of Old Dominion University, (i.e., to provide supplements of not less than four thousand dollars [$4,000] each per annum to the regular salaries which will be payable in accordance with the applicable scale of Old Dominion University, to the professors or associate professors who occupy such chairs), and (ii) for any other purpose or purposes connected with teaching or research in the field of oceanography; and
WHEREAS, the President of Old Dominion University has recommended the following faculty members to hold the Slover Chairs in the field of oceanography and to receive supplements from the Slover Fund:
College of Sciences
Department of Oceanography
 | Supplement From Solver Fund | Supplement From State Matching |
| W/Benefits | W/O Benefits | W/Benefits | W/O Benefits |
| G. Csanady | $ 47,069 | $ 38,900 | $ 47,069 | $ 38,900 |
| W. M. Dunstan | $ 54,934 | $ 45,400 | $ 54,934 | $ 45,400 |
| A. D. Kirwan | $ 43,681 | $ 36,100 | $ 43,681 | $ 36,100 |
| TOTALS | $145,684 | $120,400 | $145,684 | $120,400 |
THEREFORE, BE IT RESOLVED, that the Board of Visitors requests that the Educational Foundation allocate $145,684 from the earnings from the Slover Fund for this purpose for 1989-90 salary supplements.
BE IT FURTHER RESOLVED, that the Board of Visitors requests that the additional earnings of the Slover Fund in the amount of $313,130 be allotted to the Oceanography Department for any other purpose or purposes connected with teaching or research in the field of oceanography.
Rationale: The resolution which was passed by the Board of Visitors on September 29, 1989, did not include the supplements with employee fringe benefits. The figures including the fringe benefits reflect the actual supplement amounts from the Slover Fund and state matching funds. This resolution shall supersede the previous resolution which was approved on September 29 1989.
BUILDINGS AND GROUNDS COMMITTEE
The Rector called on Mr. Leon to give the report of the Buildings and Grounds Committee. Mr. Leon reported that the Committee viewed a slide presentation on campus beautifi-cation projects accomplished during the past year, including the addition of landscaping and benches at The Stables experimental theatre, seating walls at Kaufman Duckworth Hall, Old Administration and Rogers Hall; and landscaping and replacement of brick walks on the Williamsburg Lawn. The Committee also reviewed projects planned for next year which include the creation of seating walls and landscaping improvements for Kaufman Duckworth Hall, the installation of contemporary benches in the newer sections of campus, and landscaping enhancements for the Powhatan and 49th Street intersection.
The capital outlay recommendations prepared by the State Council of Higher Education were also reviewed. The projects receiving a high priority include a commitment to fund equipment for Fine Arts Phase I, the Library addition, and Phase I of the Oceanography and Physical Science Building.
The Committee voted on changes to the plan for the construction of a parking deck. The change incorporates the construction of space to house the parking staff and the escort service. The proposed $200,000 addition would alleviate space deficiencies in the Public Safety Building, provide a parking information center on 43rd Street, and maintain a security presence in the deck from 7:00 AM to midnight. Concerns were raised about the design and location of this addition. These concerns will be addressed at a special meeting of the Committee in December.
The Committee then reviewed, in executive session, a proposed agreement between the University and the City of Norfolk to purchase the City Parking Lot on Hampton Boulevard. The University negotiated with the City a selling price of approximately one-third the market value. In exchange for this reduced price, the University will provide 150 parking spaces for WHRO and provide 25 parking spaces for nearby public recreation facilities as well as maintain the property as a parking area. If the University desires to use the parking site for anything other than parking, the City would release the condition upon payment of an amount of money which the City and the University mutually agree to be fair.
The following resolution was brought forth as a recommendation of the Committee and was unanimously approved with the stipulation that it become effective upon the certification by General Counsel that environmental risks and liabilities are properly provided for:
RESOLUTION REGARDING THE PURCHASE OF PROPERTY
ADJACENT TO THE WHRO RADIO/TELEVISION STATION
WHEREAS, the availability of adequate parking for students, faculty and staff and visitors to the University is becoming a significant problem; and
WHEREAS, with the success of future capital outlay projects, current space utilized for parking will diminish; and
WHEREAS, the City of Norfolk owns a parcel of real estate on Hampton Boulevard, adjacent to the WHRO Radio/Television station and the ODU New Administration Building, which it is willing to sell to the University for parking purposes; and
WHEREAS, the City of Norfolk is willing to sell the aforesaid real estate to the University for a sum substantially below fair market value, providing that the University, pursuant to recordable covenants, agrees to restrict the use of the real estate solely to vehicle parking and radio/television transmission/reception equipment and also to serve the parking needs of WHRO and the city-owned recreation facility immediately adjacent to the northeast boundary of the real estate.
THEREFORE, BE IT RESOLVED, upon the recommendation of the Buildings and Grounds Committee, the Board of Visitors approves the purchase of the city-owned real estate identified as "Parcel A" in the attached Exhibit A to this resolution.
BE IT FURTHER RESOLVED, that the University purchase the aforesaid real estate for the sum of $375,000.00 and agrees to restrict its use to parking and radio/television reception/ transmission purposes, provided that the agreement for purchase and sale shall include the possibility of future release of said restricted use.
BE IT FURTHER RESOLVED, that the University agrees to utilize the real estate to serve the parking needs of WHRO Radio/Television and the city-owned recreation facility adjacent to the subject premises, provided that the agreement for purchase and sale shall include the possibility of future release of said obligation on the part of the University.
BE IT FURTHER RESOLVED, that the President, or his designee, negotiate with the City of Norfolk and complete the purchase under the authority previously provided the President by Board policy.
DEVELOPMENT COMMITTEE
Rector Barry called on Mr. Price to give the report of the Development Committee. Mr. Price reported that the Committee endorsed a resolution to clarify the minimum amount of a planned gift necessary for inclusion in the President's Council. The following resolution was brought forth as a recommendation of the Committee and was unanimously approved:
PRESIDENT'S COUNCIL/HERITAGE SOCIETY
WHEREAS, Old Dominion University will benefit significantly from the generosity of alumni and friends who have made provision for the University in their estate plans; and
WHEREAS, the Board of Visitors of the University has recognized those alumni and friends through the establishment of the Heritage Society; and
WHEREAS, Old Dominion University benefits significantly every year from those donors who contribute gifts of $1,000 or more; and
WHEREAS, the Board of Visitors of the University has recognized those donors by establishing the President's Council; and
WHEREAS, the Board of Visitors desires to include in the President's Council members of the Heritage Society who have made very significant plans for the University.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Visitors' policy on the Heritage Society is amended by revising the last sentence to read: "When the present value of such a gift plan is $50,000 or more, Heritage Society members will be included as a special group in the President's Council."
Rationale: This clarifies the minimum amount of a planned gift necessary for inclusion in the President's Council and that these donors will be listed specially as a group.
The Committee was briefed by the President on endowment levels the University is seeking for named professorships and scholarships. Professorships are being sought at the $200,000 minimum level; presidential scholarships, $100,000 minimum level; Dominion Scholars, $50,000 level; athletic, $100,000; and general scholarships, $25,000.
Dr. Katherine Kersey, Chair of the Department of Child Study/Special Education, discussed the fundraising campaign for the Child Study Center addition. The campaign's goal is $1,000,000 and an advisory council is being formed to review prospects and to participate in the solicitation of private gifts.
David Shufflebarger presented a plan promoting planned giving among current and former board members. The Committee discussed the plan and will work through Joyce Strelitz to implement it.
Deborah Stearns, Annual Fund Chair, briefed the Committee on the progress of this year's drive. At this point $1.2 million has been raised, with a goal of $1.6 million by year's end. Follow-up calls and appeals through direct mail are also being done to meet the goal.
Karin Gifuni reported on behalf of the Alumni Association on alumni involvement in the college license plate program. The Alumni Association also plans to establish a memorial scholarship fund.
The Educational Foundation report included a review of investments and concentrated on the planned giving area.
Dr. James Jarrett briefed the Committee on the activities of the Intercollegiate Foundation. The Foundation's efforts are centered on fundraising with emphasis on the sale of basketball tickets.
FINANCE AND AUDIT COMMITTEE
The Rector called on Mr. Hall to give the report of the Finance and Audit Committee. Mr. Hall presented the following resolution which was brought forth as a recommendation of the Finance and Audit Committee and was unanimously approved:
RESOLUTION ADOPTING GUIDELINES FOR
OLD DOMINION UNIVERSITY RELATED CORPORATIONS
WHEREAS, university related corporations are created for the exclusive purpose of supporting the mission of the University; and
WHEREAS, as a public institution of higher education in Virginia, Old Dominion University desires to establish guidelines within which the relationship between it and its related corporations is carried out within the strict parameters and spirit of the laws of Virginia; and
WHEREAS, the confidence and largesse of university alumni and friends, corporations, foundations and other organizations are often expressed by generous donations of financial and other resources for the University's benefit to university related corporations; and
WHEREAS, the Board of Visitors deems it appropriate and correct that the relationship between the University and its related corporations not only complies with applicable law, but also gives the appearance of compliance.
THEREFORE, BE IT RESOLVED, that the following guidelines for university related corporations be adopted:
Guidelines for Old Dominion
University Related Corporations
A. Structural Guidelines
1. A university related corporation is an organization that is created and operated exclusively to benefit the University or one or more of the University's colleges, schools or departments, and has as its purpose one or more of the following:
a. To facilitate fund raising programs and contributions from private sources for the benefit of the University or one or more of its colleges, schools or departments;b. To manage and invest private gifts and/or property for the benefit of the University or one or more of its colleges, schools or departments;
c. To promote, sponsor, and complement educational, scientific, research, athletic, charitable, or cultural activities for the benefit of the University or one or more of its colleges, schools or departments; or
d. To encourage the participation and activities of alumni in furtherance of the University's mission.
2. University related corporations may be created only with the approval of the Board of Visitors after a review of the purpose of the corporation, its proposed organizational format, and the scope of its activities.
3. Each corporation shall select a senior administrator of the University from the areas supported by the corporation, to serve on the corporation's governing board.
4. Each corporation shall establish an audit committee to report to the board of the corporation.
5. Each corporation's charter and bylaws shall provide that in the event of dissolution of the corporation, the corporation's assets will be distributed in the best interests of the University and, if applicable, the college, school or department within the University that the corporation was created to support.
B. Guidelines for Contractual Relationships With the University
1. Each corporation shall execute a formal agreement specifying the responsibilities of the corporation, acknowledging restrictions on its fund raising activities, and including other provisions of general application as may be specified by the Board of Visitors.
2. This formal agreement will contain the following provisions:
a. The corporation will coordinate with the Univer-sity and its other related organizations with respect to all fund raising activities undertaken in the name of the corporation.
b. The corporation will provide the University with an advance copy of any amendments, additions or deletions to its articles of incorporation or bylaws.
c. The University and the corporation acknowledge the independent status of the corporation and agree that the university and the state are not liable, and will not be held out by the corporation as liable, for any of the corporation's contracts, torts, or other acts or omissions, or those of the corporation's trustees, directors, officers, members, staff or activity participants.
d. All correspondence, solicitations, activities and advertisements concerning the corporation will be clearly discernible as being from the corporation and not the University.
e. The corporation will not offer a post-secondary course, seminar, workshop or similar instruction, whether or not for credit, using the name of the University or any of its colleges, schools or departments. Any publicity concerning such a course must make clear that it is not being offered by the University or any of its academic departments. This does not apply to athletic scholarship fund raising projects, such as the baseball clinic, where instruction is only an incidental aspect of the project.
f. Funds or gifts payable to the Board of Visitors, and/or Old Dominion University, or to any other university component shall not be considered as an asset of a related corporation. Such gifts may be deposited with a corporation, however, pursuant to an appropriate asset/investment management contract as provided hereinafter.
g. Any transfer of endowments or other assets by the University to a corporation, or by a corporation to the University, for management or investment will be formalized in a memorandum of agreement to assure, among other things, that any restrictions governing the future disposition of funds are observed.
h. The university will obtain approval from the board of the corporation, the University's Board of Visitors and the State in order to borrow funds from the corporation, to the extent permitted by law.
i. The University is entitled to recover its costs incurred for personnel, use of facilities, or other services provided to the corporation.
j. The University is obligated to comply with the Virginia Public Procurement Act. Even though not required to comply with that Act, the corporation may deem it advisable and appropriate to employ competitive practices in purchasing goods and services. If the University has agreed in writing to reimburse the corporation for goods or services acquired on behalf of the University, the corporation must comply with state procurement requirements.
C. Financial Reporting Guidelines and Audit Requirements
1. At the request of the president of the University, the corporation will forward to him or her a financial report on an annual basis, including a copy of the corporation's annual audited financial statement. This report shall include a description of all expenditures by program and an identification of all investments, including real estate.
Corporations recording annual revenues of less than $50,000 will not be required to present an audited financial report, but only a financial report compiled by a qualified accounting firm, including the items previously mentioned.
2. The following items shall supplement the annual financial report to the president of the University:
a. Notice of any litigation or threat of litigation brought against the corporation, its officers or directors.
b. Notice of any planned major capital expenditure.
c. A copy of each IRS form 990, and 990T if appli-cable, as filed.
d. A detailed list of any compensation, prize or award paid to any university employee or member of the employee's "immediate family" as that term is defined in §2.1-639.2 of the Code of Virginia, whether in the form of money or property or the use of money or property.
e. A detailed list of all private firms responsible for managing or investing the corporation's assets and the fee, if any.
f. Notice of any audit or review by any tax authorities or action taken, or threatened action, that would adversely affect the tax-exempt status of the corporation.
Mr. Hall stated that reports were given on the status of the 1990-92 capital outlay and capital budget requests. Operating budget requests include statewide initiatives for library materials, equipment maintenance, uncontrollable costs, faculty positions and non-personal services. University initiatives receiving favorable review include engineering technology and new space and computer labs for the Virginia Beach Graduate Center.
The Committee was briefed on the highlights of the University's unaudited financial statements for the 1989 fiscal year. The Committee also received an update on the University's business systems project and a summary of past due receivables written off as bad debts for 1988-89.
Routine financial reports, including investment reports for the University and the foundations, the Perkins loan default rate, the prompt payment report, and the accounts receivable report, were reviewed. All continue to report favorable conditions.
REPORTS OF INVITED REPRESENTATIVES
STUDENT SENATE
Rector Barry called on Mr. Tudor to give the report of the Student Senate. Mr. Tudor introduced Mr. Darnell Miller, President of the National Panhellenic Council, who is serving on the Labor Day Review Commission. Mr. Miller provided a brief report on the commission's activities.
Mr. Tudor reported that during Homecoming 1989, 1,500 pounds of food and approximately $700 was donated to the Virginia Food Bank. The student body also took great interest in the recent gubernatorial race. During the campaign the University was visited by President Bush, Marshall Coleman and Doug Wilder.
The Senate is working with the Office of Public Safety to find ways to bring the campus police force in line with the guidelines set forth by the American Council on Education. Using the ratio of 2.25 officers per 1,000 suggested in the guidelines, Old Dominion has a deficit of eleven officers. The Campus Escort Service, comprised of 15 student volunteers, provides assistance to the Public Safety Office.
FACULTY SENATE
The Rector called on Dr. Brown to give the report of the Faculty Senate. Dr. Brown reported that at the request of President Spong and Vice President Henry, the Executive Committee of the Faculty Senate made recommendations for conducting multicultural awareness seminars for faculty. The Senate is also considering developing recommendations for promoting cultural diversity/pluralism at the University.
At their next meeting the Senate will review a policy on research and scholarly activity misconduct. Such a policy is necessary in order for the University to receive federal funding for research. The Senate will also discuss the recommendations of an ad hoc committee on the evaluation of teaching.
Dr. Brown commented that Mark Chadwin, a faculty member in the College of Business and Public Administration, is also serving on the Labor Day Review Commission in his capacity as President of the Urban League.
ALUMNI ASSOCIATION
Rector Barry called on Dr. Sellew to give the report of the Alumni Association. Dr. Sellew reported that the Alumni Association is developing a memorial scholarship fund through the Educational Foundation whereby alumni may donate a memorial gift to the University, in lieu of flowers, upon the death of a family member or friend. This program will be promoted through Alumnews.
The Association is actively involved in making clean-up telephone calls for the 1989 Annual Fund. These calls are to be completed by November 30, 1989.
The Association has hosted the following events since the last meeting of the Board of Visitors: 1964 Class Reunion/25th Anniversary, Founders' Day Reunion for graduates from the classes of 1930, 1940 and 1950; a scholarship luncheon honoring scholarship donors and student recipients, Black Alumni Council reunion weekend, and a Young Alumni Council Oyster Bowl party.
Upcoming events include a coffee hour for evening students, a seniors' recognition reception for December 1989 graduates, delivery of exam survival kits, and a Board of Directors holiday social.
NEW BUSINESS
Mr. Barry announced that the Board had appointed a committee consisting of the Rector and the Chairman of the Student Affairs Committee to study the football issue and to bring back recommendations to the full Board. He commented that this issue has been a matter of considerable discussion and debate by the Board of Visitors and the university community since 1982. The committee met with the administration several months ago and the adminis-tration has submitted a definitive report to the Board. Mr. Barry then turned the discussion over to Mr. McKinnon.
Mr. McKinnon reported that the Board decided to reach closure on the football issue prior to the assumption of duties by the new president. The Board thus requested the administration to compile a report on the issues surrounding football at Old Dominion. The resulting report gives a comprehensive background on the subject. All Board members have received a copy of the report as well as a memorandum from Mr. Barry and Mr. McKinnon which contains their recommendation and the reasons for that recommendation.
Mr. McKinnon commented that for as long as he has been a member of this board, the board has shown unanimous interest in the possibility of a football program at Old Dominion. However, two considerations have always been paramount to this decision: (1) that the football program not have an adverse impact - financially or otherwise - on the academic activities of the Univer-sity, and (2) that the program not have an adverse impact on the very strong athletic program that already exists.
Within that framework, the Board concluded several years ago that the best program for the University would be one that gave it an opportunity to compete with its sister institutions in the state, since such a program would generate the kind of rivalry that would encourage strong fan support. To do so, however, Old Dominion would have to compete at the IAA level, which would have to be subsidized by an endowment of at least $13 million to provide ongoing support for the program. With the Board's approval, the administration, board members, the former rector and others in the community made a concerted effort to solicit the financial support necessary for such a program, but it could not be done.
The Board, therefore, authorized Dr. Jarrett to study the possibility of developing a new classification within the NCAA framework, I-AAA, which would be a less expensive program with need-based scholarships only. If such a program could be adopted by the NCAA, and if the University's sister schools in the state would be interested in participating in such a program, the Board thought that the University could then go forward with a program that would meet the Boards' criteria and still be a strong program. The Board had anticipated the adoption of the I-AAA concept by the NCAA last year or early this year. However, it has not happened, and it's not likely to happen in the near future, if at all. Furthermore, it has not generated the support of Old Dominion's natural rivals.
Further review of I-AA football by the administration supported the Board's original estimate that the program would operate at a deficit which would require an increase of student fees by approximately $175. If I-AAA football were adopted and if natural rivalries did develop, the program would still operate at a deficit and student fees would increase by approximately $73 per year.
In light of all the above information, and particularly because the Board agrees with the consultant's recommendation to reach a decision before the new president arrives on campus, Mr. McKinnon and Mr. Barry recommended discontinuation of efforts to develop a football program because the University could not, within any reasonable time period, develop a program that would meet the original parameters.
A motion to adopt the proposed resolution was made by Mr. McKinnon and seconded by Mr. Washington, after which many comments were made, including the following:
Mr. Washington commented that this is an important decision of the Board because it says something about the importance of the future of this University, specifically, that the priorities of the University are going to be its financial well-being, academic excellence, and accessibility to all students without undue imposition of excessive fees. It does not suggest, however, that there is no place for football at a university like Old Dominion at some time in the appropriate future. But it does suggest that at this time there is recogni-tion on the part of the Board that now is not the time, and the financial means are not available.
Mr. Price commented that with all the pressure from the State concerning the recent increase of student fees, and since Old Dominion does not compare favorably with other state institutions in terms of student fees, Old Dominion's problem would only be accentuated by introducing football at this time.
Mr. Lawler commented that the Development Committee, which is concerned with fundraising for the University, is currently having difficulty raising money for necessary academic and athletic scholarships already in existence. There are several reasons, including the new income tax rate, which has made it less attractive to donate money to the University. From the Development Committee's viewpoint, taking on an additional burden in the next few years in terms of raising appreciable dollars would be extremely difficult, if not impossible.
Mr. McKinnon commented that the proposed resolution does not mean that Dr. Jarrett shouldn't continue his work with the NCAA to study the concept of I-AAA football and cost-containment athletics in general. Whether Old Dominion ever finds itself in a position to adopt a football program, the proposed cost-containment proposal would present a rational opportunity to have athletic programs which are strong programs for students - both athletes and observers - but are affordable.
Dr. Sellew commented that he was pleased to hear the disucssion and the reasoning behind the proposed resolution. He indicated that there are a number of alumni who have put a great deal of effort and money into supporting a football program, so there will naturally be some people who are displeased with the Board's decision. However, most alumni are realistic and do not expect the Board to take a position which will jeopardize other programs, both academic and athletic. The alumni need to know the reasons for the Board's decision and the dollar costs that are involved with a football program, as have been explained today. He said he believed this issue will come up again in the future when the financial situation is more favorable and the funds are there to support a football program.
Dr. Brown indicated that she had no comments to make on behalf of the Faculty Senate regarding the proposed resolution.
Mr. Tudor commented that he appreciated hearing some of the reasoning behind the decision and that he felt he understood the issue more clearly. He asked that perhaps Mr. Barry, Mr. McKinnon or Dr. Jarrett condense the report into a letter which could be published in the Mace and Crown so that the student body as a whole can have a better understanding of the issue.
Mr. Price commented that he hoped people do not get the wrong impression about the decision that the Board finds itself almost forced to make. The Board hopes that perhaps in another five or ten years an I-AAA program will exist and that a new board can support the initiation of a football program at Old Dominion. The Board is not against football, but it's against it now and against the cost factors involved, and finds no other decision to make at this time.
Mr. Barry commented that he consulted with Bob Stanton and Gene Walters, who recently retired from the Board and who were leaders in the football fundraising drive. He reviewed with Mr. Stanton and Mr. Walters the reasons behind the proposed resolution to discontinue efforts to start a football program. Both indicated to Mr. Barry that they were comfortable with this approach and had no objections under the circumstances.
Mr. Dragas commented that when the Board first pursued I-AAA football, it had hoped that Old Dominion's natural rivals would also embrace the concept. They didn't do that. In fact, some of those schools actually fought it.
The following resolution was then put to a vote and was unanimously approved:
RESOLUTION ON FOOTBALL
WHEREAS, the Board has, by its resolution adopted on November 17, 1988, authorized the University to proceed with planning for an intercollegiate football program if a new Division IAAA is created by the NCAA, provided specific conditions and safeguards could be met; and
WHEREAS, the Board is now of the opinion that the desired conditions and safeguards for a prudently financed football program are not attainable in the foreseeable future;
NOW, THEREFORE, BE IT RESOLVED THAT:
(1) All efforts by the University to develop an intercollegiate football program shall be terminated; and
(2) The Administration shall formulate and carry out a plan to offer donors, ticket purchasers and students who paid money in support of the football program the option of
(i) obtaining a refund of the monies paid, or
(ii) transferring their payments to a scholarship endowment fund; and
(3) The Board expresses its gratitude and appreciation to Dr. James Jarrett, Athletic Director, and his staff, for their professionalism and dedication in working on the football project over the past several years; and
(4) The Board further expresses its gratitude and appreciation to students, alumni and friends of the University who supported the football project with time, effort and money, and encourages them to transfer their energy, enthusiasm and support to the University's existing athletic and other programs.
With no further business to be discussed, the meeting was adjourned.
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