MINUTES OF THE MEETING OF

THE REGENTS OF THE UNIVERSITY OF NEW MEXICO

June 12, 2007

Student Union Ballroom C 10:00 a.m.

Executive Session held 8:30-10:00 a.m., Sandia Room

ATTENDANCE :

Regents present:

James H. Koch, President
Carolyn Abeita, Secretary-Treasurer
John “Mel” Eaves
Raymond Sanchez (for Executive Session)
Don Chalmers
Dahlia Dorman, Student Regent

Regent unable to attend:

Jack Fortner, Vice President

President present:

David J. Schmidly

Vice Presidents present:

David Harris, Executive Vice President, CFO, COO
Paul Roth, Executive Vice President, Health Sciences Center
Viola Florez, Interim Provost and Executive Vice President of Academic Affairs
Michael Kingan, Vice President of Advancement
Terry Yates, Vice President for Research
Walter Miller, for Cheo Torres, Vice President of Student Affairs
Carolyn Thompson, Interim Vice President of Human Resources

University Counsel present:

Patrick Apodaca, University Counsel

Regents’ Advisors present:

Jacqueline Hood, Faculty Senate
Vanessa Shields, President, Staff Counsel
Joseph Garcia, President, GPSA
Ashley Fate, ASUNM
Robert Ortega and Lillian Montoya-Rael, President, UNM Alumni Association
Gary Gordon for Thelma Domenici, President, UNM Foundation

Others in attendance:

Members of the administration, faculty, staff, students, the media and others.

Regent Koch presided over the meeting and called the meeting to order at 8:30 am.

CONFIRMATION OF QUORUM and APOPTION OF AGENDA, Regent Koch

Motion approved unanimously to adopt today’s agenda (1 st Chalmers, 2 nd Abeita ).

VOTE TO CLOSE THE MEETING AND PROCEED IN EXECUTIVE SESSION

Motion approved unanimously to close the meeting and to proceed in Executive Session. (1 st Chalmers, 2 nd Abeita)

A. Discussion and determination where appropriate of limited personnel matters pursuant to Section 10-15-1.H(2), NMSA (1978).

B. Discussion and determination where appropriate of matters subject to attorney- client privilege pertaining to threatened or pending litigation pursuant to Section 10-15-1.H(7), NMSA (1978).

C. Vote to re-open the meeting.

D. Certification that only those matters described in Agenda Item II. were discussed in Executive Session and if necessary, ratification of actions, if any, taken in Executive Session.

VOTE TO OPEN THE MEETING, Regent Koch

Motion approved unanimously to open the meeting at 10:05 a.m. (1 st Dorman, 2 nd Abeita)

APPROVAL OF SUMMARIZED MINUTES OF May 8, 2007 UNM BOARD OF REGENTS MEETING

Motion approved unanimously to approve the Summarized Minutes of the May 8, 2007 UNM Board of Regents meeting (1 st Eaves , 2 nd Abeita ).

ADMINISTRATIVE REPORT, President David J. Schmidly

While it has only been a couple of weeks since I officially started at the University of New Mexico, I feel we’ve hit the ground running. We are setting the tone for my administration and laying the groundwork for many future successes. Change can be anticipated in any new leadership, and some changes have already occurred.

Dr. Reed Dasenbrock’s appointment as Cabinet Secretary for Higher Education

Dr. Viola Florez, current Dean, College of Education appointed as Interim Provost and EVP for Academic Affairs.Paul Krebs named Vice President for Athletics and Athletic Director.

I am pleased with the senior executive leadership team and President’s Office staff. My office will set the tone for the entire university, customer service-oriented, friendly and helpful.

I have had productive meetings with the leadership of ASUNM, GPSA, Faculty Senate, Staff Council, UNM Foundation and Alumni Association.

A tour of New Mexico is being planned and I intend to visit each of New Mexico’s 33 counties in my first year on the job, and as many as possible the first 125 days.

UNM is the Flagship University for New Mexico and we must expand our presence to fulfill our mission for higher education for New Mexicans.

Thank you to Regent Mel, and Mary Ann Eaves for the wonderful reception at their home.

I have appointed a committee with members from the state, UNM, and community to review the policies and procedures of animal research conducted at UNM, with report due this summer.

Contracts and Grant awards for FY 2006 came in at 298.6 million in external sponsored support, the sixth consecutive year of record-breaking totals. Main campus awards were $165.4 million and HSC at $133.2 million.

UNM Athletics will be announcing the hiring of the new women’s golf coach this afternoon. Jill Tujillo has served as our assistant coach since ’04.

Letters of application are due to the Provost Office by June 27 th for the Interim Vice President for Institutional Diversity and Interim Vice President for Enrollment Management. National searches will be conducted in the fall.

David Harris received the 2007 Steve Reynolds award on his last day as acting UNM President.

Regent Koch commented that back over four years ago when he came on the Board of Regents; the Advisors never participated in the Regents’ Meetings. When I became president of the Board I changed that, we want to hear from the faculty, we look forward to your report and participation.

COMMENTS FROM REGENTS ADVISORS

Jackie Hood for Virginia Shipman, President, Faculty Senate

Vanessa Shields, President, Staff Council

Joseph Garcia, President, GPSA

Report of the “Hate Crimes” Task Force

The University of New Mexico is committed to creating a rich educational environment, with robust intellectual discourse, debate and conflict that is free from hate. But, this is not always possible; there are times when “hate speech” may occur in an open environment such as a university community. Of course, the University of New Mexico is committed to supporting academic freedom and supports freedom of speech. Thus, we believe that the University’s response to “hate speech” and “hate incidents” should involve education and processes rather than censorship and punishment. We believe that the University of New Mexico can accomplish this with the creation of an office charged with addressing these issues through education, counseling, research and transparency. Thus, the following are our recommendations:

The administration should create a “Campus Climate Office” that will:

This office should report directly to the president (or his designee) but may be physically located in the dean of students’ suite. The office will have authority to flexibly resolve conflict in which hate speech or conduct is involved using a variety of techniques. The office should be well trained in anti-racism, sexual harassment, ageism, gender discrimination, gay & lesbian issues, bi-sexual, transsexual and Queer and Questioning issues, disability and religious and cultural intolerance.

There should be an ongoing commitment of financial and administrative resources to support the work of the office. The following is a suggested budget for the salaries required for the office:

Director: $90.000.00

Support Staff: $50,000.00

Counselors: $70,000.00

Annual Research Budget: $30,000.00-$40,000.00

Ashley Fate, President, ASUNM

Roberto Ortega and Lillian Montoya-Rael, President, UNM Alumni Association

Gary Gordon for Thelma Domenici, Chair, UNM Foundation

COMMENTS FROM REGENTS

APPEAL OF PROFESSOR SANTA FALCONE , Regent John “Mel” Eaves, Chair, Regents Panel

BEFORE THE BOARD OF REGENTS OF THE UNIVERSITY OF NEW MEXICO (#1 Attached)

Santa Falcone, Associate Professor, School of Public Administration, Complainant,

vs.

Provost Viola Florez, Interim Provost and EVP for Academic Affairs, Respondent.

DECISION

PROCEDURAL HISTORY

The Academic Freedom and Tenure Committee (“AF&T”) issues a written decision on March 9, 2007 on the complaint of Prof. Santa Falcone (“Falcone”) challenging the denial of her Fall 2005 application for promotion to the rank of full professor. Falcone sought discretionary review by the Board of Regents from the AF&T decision, as permitted by § 6.8 (a) of the Faculty Handbook in cases in which AF&T has made a finding of improper considerations. The board voted at its meeting of April 10, 2007 to accept the appeal, and appointed a hearing committee to consider the parties’ arguments on appeal and to make a recommendation to the full Board.

The hearing committee of the Board requested written submissions from the parties, and from AF&T in accordance with § 6.8 (c) of the Faculty Handbook, and invited oral arguments. The parties, as well as AF&T, provided written submission to the hearing committee. Falcone, and AF&T through its Vice Chair Elizabeth Rapaport, appeared before the hearing committee on June 1, 2007 and made oral presentations. The Provost waived his right to appear in person or by counsel and to participate in these oral presentations. The Board of Regents received, and has deliberated on, the oral recommendations of the hearing committee.

DISCUSSION

The Board compliments AF&T on its conscientious and thorough review of the Falcone complaint, and on its candid assessment of the shortcomings in the Falcone promotion review process. The Board generally agrees with the AF&T findings and conclusions, which the Board finds to have adequate support in the record of the AF&T proceedings. The Board determines, however, that the remedy offered by AF&T to Falcone does not go far enough in redressing the flawed promotion review.

The Board agrees with the AF&T findings of bias and improper considerations in the review of the Falcone application for promotion. The Board also agrees with the AF&T findings that the good-faith effort of the Provost to exercise impartial academic judgment in evaluating Falcone’s record was compromised by flaws in the Falcone promotion review at lower levels, and the AF&T finding that the processes of the School of Public Administration, and of the administrative levels of review, failed to meet the Faculty Handbook requirement of objectivity and fairness.

DISPOSITION

The Board of Regents affirms the decision of AF&T, subject, however, to the following modification:

DATED: June 12, 2007

Motion approved unanimously to approve the Decision. (1 st Eaves 2 nd Dorman ).

APROVAL OF GIFT AGREEMENT FOR CHAIR IN ROMAN CATHOLIC STUDIES, Dean Vera Norwood, Professor Richard Wood

BOARD OF REGENTS OF THE UNIVERSITY OF NEW MEXICO (#2 Attached)

Resolution Approving Gift Agreement for Chair in Roman Catholic Studies

WHEREAS, the Regents of the University of New Mexico (“UNM” or the “University”) seeks to broaden, expand and enhance the educational opportunities offered its students and, in furthermore of such purposes, desires to establish within its College of Arts and Sciences endowed faculty chairs and professorships in world religious traditions;

WHEREAS, the non-sectarian education in world religious traditions has been a pillar of a liberal arts college education in the United States;

WHEREAS, endowed faculty chairs and professorships in faith traditions including Catholic Studies, Protestant Studies, Jewish Studies, Islamic Studies and Buddhist Studies exist at numerous public institutions of higher education, such as the Universities of Kansas, Illinois, Toledo and Pittsburgh, Iowa State University and Arizona State University;

WHEREAS, UNM’s Religious Studies Program supports the scholarly study of religion on the human condition, contemporary human societies, intellectual and social history, spirituality, and ethics;

WHEREAS, the Archdiocese of Santa Fe (the “Archdiocese”) is willing to enter into a Gift Agreement with the University of New Mexico Foundation, Inc. (the “Foundation”) whereby the Archdiocese will agree to fund an endowed Chair in Roman Catholic Studies within the Religious Studies Program of the College of Arts and Sciences, based on the assurances of UNM, as evidenced by a resolution of UNM’s Board of Regents, approving such agreement that the Chair in Roman Catholic Studies will be a permanent Chair at UNM;

WHEREAS, Regents Policy 5.18 provides that, as the governing body of the University, the Board of Regents will act to approve the establishment of an endowed chair;

WHEREAS, the Regents believe that approval of such an agreement is in the best interest of UNM.

NOW, THEREFORE, BE IT RESOLVED:

  1. The Gift Agreement (the “Agreement”) between the Foundation and the Archdiocese relating to the Chair in Roman Catholic Studies, in the form attached hereto as Exhibit 1, (#3 Attached) is hereby approved.
  2. The President of the University is hereby authorized to sign the Agreement on behalf of the University as evidence of the approval granted in the preceding paragraph.

PASSES, APPROVED AND ADOPTED BY VOTE OF THE BOARD OF REGENTS ON JUNE 12, 2007

Motion approved unanimously to approve the Resolution Approving Gift Agreement for Chair in Roman Catholic Studies (1 st Chalmers 2 nd Eaves ).

APPOINTMENT OF HARWOOD MUSEUM BOARD MEMBERS , Interim Provost, Viola Florez

Motion approved unanimously to approve the Resolution Regarding Appointment of Members of Harwood Board (1 st Eaves 2 nd Chalmers ).

BOARD OF REGENTS OF THE UNIVERSITY OF NEW MEXICO

(#4 Attachment)

Resolution Regarding Appointment of Members of the Harwood Board

WHEREAS, on May 8, 2007 the Board of Regents of the University of New Mexico (the “Regents”) adopted resolutions (the “Delegation Resolution”) delegating to the Harwood Board (as that term is defined in paragraph 3.A of the Delegation Resolution) certain responsibility for the governance, oversight, management and operation of the University of New Mexico’s (the “University” or “UNM”) Harwood Museum, located in Taos, New Mexico;

WHEREAS, the Delegation Resolution provides that the Regents shall appoint the members of the Harwood Board and that the Harwood Board shall consist of nine (9) members, six (6) of whom may be appointed based on recommendations of the Harwood Board, and three (3) of whom may be appointed based on recommendations of the President of the University or his designee (at least one of whom shall be an administrator of the University);

WHEREAS, the term of each member shall be three (3) years, but members shall be appointed to serve staggered terms;

WHEREAS, the Harwood Board, as constituted by the Delegation Resolution, will upon appointment of its initial members, replace the existing Governing Board constituted pursuant to the 2005 Resolution (as that term is defined in the third “Whereas” clause of the Delegation Resolution);

WHEREAS, the Governing Board has recommended six (6) individuals for appointment to the Harwood Board and the President of the University has recommended three (3) individuals for appointment (all currently University administrators), and each such nominee is willing to serve as a member of the Harwood Board;

WHEREAS, having determined that each individual recommended by the Governing Board or the President of the University for appointment is qualified to serve as a member of the Harwood Board and that the appointment of each is in the best interest of the University and the Harwood Museum, the Regents wish to appoint such nominees to the Harwood Board;

NOW, THERFORE, BE IT RESOLVED:

  1. The following individuals are hereby appointed to serve as members of the Harwood Board for an initial term ending on the date indicated opposite his or her name:

NAME EXPIRATION DATE OF INTIAL TERM

Michael Sudbury June 30, 2008

(Governing Board nominee)

Lawrence Berkowitz June 30, 2008

(Governing Board nominee)

Charles Strong June 30, 2009

(Governing Board nominee)

Linda Warning June 30, 2009

(Governing Board nominee)

Deborah McLean June 30, 2010

(Governing Board nominee)

Gus Foster June 30, 2010

(Governing Board nominee)

David W. Harris, Executive Vice President for June 30, 2008

Administration, COO and CFO, UNM

(UNM President Nominee)

Kate M. O’Neill, Ed.D. June 30, 2009

Interim Executive Director,

UNM-Taos Branch Campus

(UNM President Nominee)

Wynn M. Goering June 30, 2010

Associate Provost Academic Affairs, UNM

(UNM President Nominee)

  1. The foregoing appointments shall be effective immediately. The effective date of the Delegation Resolution contemplated by Section 6 therein shall be the date set forth below.

PASSED, APPROVED AND ADOPTED BY VOTE OF THE BOARD OF REGENTS ON JUNE 12, 2007.

ACADEMIC/STUDENT AFFAIRS & RESEARCH COMMITTEE , Carolyn Abeita Vice Chair

ADVANCEMENT AND DEVELOPMENT COMMITTEE , Don Chalmers, Chair

AUDIT COMMITTEE , Mel Eaves, Vice Chair

Motion approved unanimously to approve amendment to Regents Policy 7.2 “Internal Auditing” (1 st Eaves 2 nd Chalmers ).

FINANCE & FACILITES REPORT , Mel Eaves, Chair

  1. Consent Agenda Items

Regent Eaves reported that the committee approved the following agenda items for the Consent Agenda. Regent Eaves asked if there were any questions, comments or objections by the Regents. No questions, comments or objections were voiced by the Regents.

  1. Disposition of Surplus Property List dated May 16, 2007
  2. Approval of:
  1. Approval of Renewal of Maui HPCC Lease
  2. Approval of:
  1. Reappointment of Charles Wellborn to the STC.UNM Board of Directors
  2. Approval of Lodestar Astronomy Center transfer to NM Museum of Natural History & Science (Resolution, #6 Attachment)
  3. Approval of Siedler Natatorium Pool Renewal
  4. Approval of Resolution, Notification and Certification for State Severance Tax Bond Sale (Resolution, #7 Attachment)

Motion approved unanimously to approve the actions of the Finance and Facilities Committee as indicated in the Consent Agenda, items A, B, C, D, E, F, G and H (1 st Koch 2 nd Eaves ).

Motion approved unanimously to approve the Board of Regents give authority to President Schmidly to move forward to negotiate the acquisition of the Lockeed Martin building. Upon successful negotiation, the President will report back to the Regents for final approval (1 st Eaves 2 nd Chalmers).

Information Item :

HSC – HEALTH SCIENCES , Don Chalmers Vice Chair

Motion approved unanimously to approval of permanent appointments and reappointments for Medical Staff (6/1/07) (1 st Eaves 2 nd Abeita ).

Motion approved unanimously to approval of appointments to the Clinical Operations Board (1 st Eaves 2 nd Koch ).

Information Items :

  1. HSC Research Report, Richard S. Larson, M.D., Ph.D. – copies of PowerPoint presentation distributed to the Regents (#8 Attachment)
  2. Barbara and Bill Richardson Pavilion – we successfully moved into the building this passed weekend. We moved about 200 patients, some of them critically ill. We opened the ER at 7:00 am and we had our first patient at 7:02 am. We had a head-on tram victim, which was a good way to christen our emergency room. We mobilized most of the workforce. The medical staff and hospital staff are all in. The building now is working extraordinarily well. The contractors and the tradesmen who worked on this facility did a phenomenal job. We do not have a patient on a stretcher in the hallway which was a number one priority.

PUBLIC COMMENT

Motion approved unanimously to adjourn meeting at 12:10 p.m. (1 st Abeita 2 nd Dorman)

Adjournment

___________________________ ______________________________

Regent James H. Koch Regent Carolyn J. Abeita

President Secretary/Treasurer

Attachments to Minutes Official File

#1 Santa Falcone Decision

#2 Resolution Approving Gift Agreement for Chair in Roman Catholic Studies

#3 Gift Agreement between University of New Mexico Foundation, Inc. and the Archdiocese of Santa Fe – Chair in Roman Catholic Studies

#4 Resolution Regarding Appointment of Harwood Board

#5 Affiliations and Management Services Agreement

#6 Transfer Agreement between the Regents of the University of New Mexico and the Board of Trustees of the New Mexico Museum of Natural History and Science

#7 Resolution, Notification and Certification (tax revenue bonds)

#8 Research Strategy & Processes at the University of New Mexico Health Sciences Center