BOARD OF TRUSTEES

THE CITY UNIVERSITY OF NEW YORK

535 EAST 80TH STREET

NEW YORK, NEW YORK 10021

 

 

REVISED

C A L E N D A R

 

NOVEMBER 18, 2002

 

 

NO. 1.  UNIVERSITY REPORT:  RESOLVED, That the University Report for November 18, 2002 (including Addendum Items) be approved:

 

EXPLANATION:  The University Report consists of the highlights of the personnel actions and other resolutions of a non-policy nature which require approval by the Board of Trustees.

 

NO. 2.  CHANCELLOR’S REPORT:  RESOLVED, That the Chancellor’s Report for November 18, 2002 (including Addendum Items) be approved:

 

EXPLANATION:  The Chancellor’s Report consists of standard resolutions and actions of a non-policy nature which require approval by the Board of Trustees.

 

NO. 3.  APPROVAL OF MINUTES:  RESOLVED, That the minutes of the regular Board meeting of October 21, 2002 be approved.

 

                NO. 4.  COMMITTEE ON FISCAL AFFAIRS:  The following item is placed on the calendar pursuant to the resolution on Committee structure last amended by the Board on 5/21/90, Cal. No. 8.D.  A quorum was not present at the meeting but the presiding chair determined that it is important for Board action not to be delayed.  A majority of the Committee members, including at least two Trustee members, support this resolution.

 

A.       THE CITY UNIVERSITY OF NEW YORK – 2003-2004 OPERATING BUDGET REQUEST:

 

RESOLVED, That consistent with the call letter sent to all State agencies, CUNY requests continuation of funding at the 2002-2003 level.  However, subject to the availability of resources, the Board of Trustees of The City University of New York seeks additional funding and support consistent with the University’s 2000-2004 Master Plan.

 

Consistent with the call letter sent to all State agencies, CUNY’s request provides for continuation of senior college funding at the 2002-2003 level.  However, subject to the availability of resources, CUNY seeks a total of $1.151 billion for the senior colleges.  Additional funding being sought totals $78 million:  $39.3 million for baseline needs and $38.7 million for programmatic increases.  However, due to the fiscal constraints the State is facing, the University is seeking only a total of $46.8 million in State aid.  Of the $78 million in new funds needed, CUNY will seek to fund $31.2 million through the redistribution of existing funds, productivity improvements, and the generation of additional revenue.

 

Consistent with the call letter sent to all State agencies, CUNY’s request provides for continuation of community college funding at the 2002-2003 level.  However, subject to the availability of resources, CUNY seeks a total of $412.2 million for the community colleges.  Additional funding being sought totals $23.9 million:  $9.1 million for baseline needs and $14.8 million in programmatic increases.  Of the $23.9 million in new needs, CUNY is seeking $16.4 million from the State and City.  The University will seek to fund $7.5 million of the total community college requirement through productivity improvements and the generation of additional revenue.  All additional funds generated will be allocated in accordance with a strategic multi-year plan.

 

EXPLANATION:  The 2003-2004 Budget Proposal is based on the University’s 2000-2004 Master Plan approved by the New York State Board of Regents.  It is focused on five areas that are critical to the continued implementation of the Master Plan and strengthening of CUNY.  The Proposal, subject to the availability of resources, supports 300 new full-time faculty; 60 instructional support staff; Academic and Student Support Services; Workforce Development; the Digital Research Library; Doctoral Student Support; Management Information Technology; and Infrastructure Improvements.

 

·       Creating a Flagship Environment:  In September 1999, CUNY initiated a focused strategy to enable it to take its place among the top public institutions of higher education in the country.  Consonant with its Master Plan the University is establishing a “flagship environment” that fosters national prominence in targeted undergraduate arts and science programs as well as professional and graduate programs.  The flagship environment draws on the multitude of resources available to the system as a whole and the richness of the colleges’ combined strengths.  The concept has evolved in a way that underscores the high academic quality of the University’s programs and accents the expertise and prominence of its faculty.

 

·       Supporting Student Success and Academic Achievement:  The quality of a CUNY education depends as much on the preparation and support of its students as it does on the excellence of its programmatic offerings.  The University will continue to emphasize and invest in pre-collegiate and collegiate academic advising, counseling, and tutoring.  Pre-collegiate activities will include the expansion of the College Now program, which provides academic enrichment services and advisement concerning the demands of college-level work to students in every public high school in New York City.

 

·       Expanding the Use of Technology in Teaching and Learning:  The University is mounting technology initiatives designed to enhance instruction and equip graduates with the skills they need to contribute to the City’s and State’s economic vitality in the new information-based economy.  Well-placed initiatives and grant-funded projects, notably CUNY Online (supported by a grant from the Sloan Foundation), have created a base from which to build.

 

·       CUNY-wide Economic Development:  The University is continuing to expand and deepen its commitment to stimulate the development of the New York Region’s economy and workforce.  The University has started and continues to support a number of initiatives that have the potential to impact strongly on the region’s economic and workforce development, including the CUNY Economic Development Corporation and a network of campus-based business incubators.

 

·       Information Management for Productivity, Accountability and E-Procurement; Infrastructure:  Over the past several years, the University has addressed aggressively issues of strategic planning and implementation.  As a result of these efforts, CUNY has a launch pad for efficiently tackling the major technology upgrades that these planning and evaluation efforts have charted as institutional priorities over the next five years.  New initiatives that require support are:  1) the CUNY Portal, a new web-based gateway that will provide students, faculty and others with seamless, easy, and 24 hour access to the University’s educational, informational, and administrative services; 2) the Enterprise Resource Program (ERP), a comprehensive administrative system integrating Human Resources, Financial, and Student systems utilizing state-of-the-art architecture and a modern delivery platform; and 3) an E-Procurement system that builds efficiencies into the purchasing process that provide for improved goods and services delivery while reducing transaction costs.

 

Educational quality is directly impacted by the quality of the facilities in which such education is provided.  The physical environments of the campuses must be functional, well utilized, safe, accessible, cost effective, well maintained, and responsive to the changing needs of academic programs.  The University’s multiyear capital budget has enabled CUNY to create new state-of-the-art facilities and to renovate and upgrade existing facilities.  However, the University must have sufficient funding to maintain these facilities.  Funding is also requested for a major new Environmental Health and Safety initiative.  This initiative involves the creation of a system whereby staff will be hired to ensure that the University operates in compliance with the myriad Federal regulations governing air quality, hazardous materials, chemical management, water treatment, toxic substances, community right to know laws, etc.

 

NO. 5.  COMMITTEE ON ACADEMIC POLICY, PROGRAM, AND RESEARCH:  RESOLVED, That the following items be approved:

 

A.       YORK COLLEGE – BS/MS IN OCCUPATIONAL THERAPY:

 

RESOLVED, That the program in Occupational Therapy leading to the combined Bachelor of Science and Master of Science degree to be offered at York College be approved effective September 2003, subject to financial ability.

 

RESOLVED, That a Master Plan Amendment be approved for York College, to offer the Master of Science degree in Occupational Therapy.

 

EXPLANATION:  Occupational Therapy develops, improves, sustains or restores the highest possible level of independence to individuals who have injury, illness, physical or psychosocial dysfunction, developmental or learning disabilities or other conditions or disorders.  York College has successfully offered a Bachelor of Science degree in Occupational Therapy for more than twenty-five years.  This program is accredited by the American Occupational Therapy Association (the nationally recognized accrediting body for Occupational Therapists), which qualifies graduates to sit for the national certification examination.  In April 1999, the Accreditation Council for Occupational Therapy Education (ACOTE) mandated that the educational requirements for licensed Occupational Therapists be upgraded to the masters’ degree level no later than January 2007.  Thus, York College, in order to assure continuity of service to CUNY students, has prepared this program in response to the ACOTE mandate.

 

The proposed program is designed in accordance with the Standards for an Accredited Educational Program for the Occupational Therapist adopted by ACOTE.

 

Since this is the College’s first registration request for a graduate program, the New York State Education Department requires that a Master Plan Amendment be approved for York College to offer this degree.

 

B.       THE CITY UNIVERSITY OF NEW YORK – INTELLECTUAL PROPERTY POLICY:

 

RESOLVED, That a new policy regarding ownership, management and distribution rights associated with intellectual property created or developed by members of the CUNY community be adopted by the Board of Trustees of The City University of New York.  The new policy replaces the Policy on Patents and Inventions adopted by the Board of Trustees at its meeting on March 27, 1972, Cal. No. 5., and amended by the Board of Trustees at its meeting on June 28, 1982, Cal. No. 7.B., and the Policy on Copyrights adopted by the Board of Trustees at its meeting on March 27, 1972, Cal. No. 5.

 

EXPLANATION:  In Fall 2000, the Chancellor appointed a committee composed of CUNY faculty and staff and representatives from the Research Foundation to review and revise the University’s policies on intellectual property.  The new policy addresses in a single policy not only patents, inventions and copyrights, but also other forms of intellectual property such as trade secrets, know-how and tangible research property.  The policy continues the University’s prior practice of generally deeming copyrightable works to be owned by their creator and patentable works to be owned by CUNY.  However, it increases the share of proceeds to the creator and strengthens the creator’s rights in the event that CUNY fails to protect or commercialize CUNY-owned intellectual property disclosed to it.  The new policy also specifically addresses issues such as electronically published course materials and CUNY and faculty ownership of equity.  The policy lodges the duty to manage CUNY-owned intellectual property with the Chancellor, who may appoint the Research Foundation as his/her or CUNY’s designee for performance of duties under the policy.

 

During the preparation of this new policy, drafts were posted on the CUNY web site and disseminated to the University Faculty Senate and the Professional Staff Congress for comment.  Two public forums were also held.  Comments received from a broad spectrum of the CUNY community were incorporated into the policy.

 

This new policy will be presented for adoption by the Board of Directors of the CUNY Research Foundation at its meeting of December 12, 2002.

 

NOTE:  A copy of the full text of the policy is on file in the Office of the Secretary of the Board.

 

                NO. 6.  COMMITTEE ON FACULTY, STAFF, AND ADMINISTRATION:  RESOLVED, That the following item be approved:

 

A.       THE CITY UNIVERSITY OF NEW YORK – THE CONTINUATION OF MILITARY LEAVE AND EMPLOYER-PAID HEALTH AND WELFARE BENEFITS COVERAGE FOR UNIVERSITY EMPLOYEES RECALLED FROM THE RESERVES TO ACTIVE MILITARY SERVICE:

 

RESOLVED, That the Board of Trustees of The City University of New York, in response to the continuing need for employees in the National Guard and Reserves to be activated for Military Service in response to the events of September 11, 2001, hereby authorizes the continuation of Military Leave and Health and Welfare benefits for University employees in accordance with the following policies.  These policies apply to employees of The City University of New York who are members of the National Guard, Reserve forces, or Reserve components of the armed forces of the United States who have been federally activated or activated by the Governor of New York State for military service on or after September 11, 2001:

 

1.       Supplemental Military Leave

 

(a)     The City University of New York will provide a temporary leave category called Supplemental Military Leave at full pay.  Employees of The City University of New York who have been federally activated or activated by the Governor of New York State for military service on or after September 11, 2001 will be granted Supplemental Military Leave with full pay after the exhaustion of military leave with full pay pursuant to Section 242 of the New York State Military Law.  While on such Supplemental Military Leave, the eligible employee will be in full pay status for a period not exceeding 30 calendar days or 22 working days, whichever is greater, in addition to the leave that had been granted pursuant to section 242 of the New York State Military Law.

 

(b)     Employees shall be eligible to receive Supplemental Military Leave through December 31, 2003.  Supplemental Military Leave shall not be granted for military service performed after December 31, 2003.  In no event shall more than one such grant of Supplemental Military Leave be credited to any employee for activation related to the events of September 11, 2001 regardless of the number of times the employee is activated between September 11, 2001 and December 31, 2003.

 

2.       Military Leave at Reduced Pay

 

(a)     Employees shall be eligible to receive Military Leave at Reduced Pay through December 31, 2003.  Military Leave at Reduced Pay status commences after the employee has exhausted Military Leave pursuant to Section 242 of the New York State Military Law, Supplemental Military Leave as set forth in paragraph 1 above, and any leave credits, other than temporary disability leave or sick leave, which the employee elects to use.

 

(b)     Employees in Military Leave at Reduced Pay status will be paid their regular City University of New York salary (base pay) reduced by military pay (base pay plus housing and food allowances).  The determination of rate of payment for the Military Leave at Reduced Pay will be based upon the employee’s regular City University of New York salary as of his/her last day in full pay status and the employee’s military pay on the first day of his/her activation, and shall not be subject to adjustment during the period of leave at reduced pay.

 

(c)     Employees eligible for Military Leave at Reduced Pay will not be eligible to earn annual and temporary disability leave/sick leave accruals or to receive credit for holidays.

 

(d)     In no event shall Military Leave at Reduced pay be granted for military service performed after December 31, 2003.

 

3.       Continued Health Insurance Coverage

 

Covered dependents of eligible employees of The City University of New York, who are currently enrolled in a health plan with family coverage through The City University of New York and who have been federally activated or activated by the Governor of New York State for military service in response to the events of September 11, 2001 shall continue to receive health insurance coverage with no employee contribution for a period not to exceed 12 months from the date of activation, less any period in which the employee remains in full-pay status.  Contribution-free health insurance coverage will end at such time as the employee’s active duty is terminated or the employee returns to City University of New York employment or December 31, 2003, whichever occurs first.

 

4.       Other Provisions

 

The provisions of this resolution shall not apply to those employees who have voluntarily separated from City University of New York service or who are terminated for cause.  Furthermore, the provisions of this resolution shall apply only for the period of time that the employee has an appointment with The City University of New York.

 

EXPLANATION:  On October 22, 2001, the Board of Trustees passed a resolution extending Military Leave and employer-paid health and welfare benefits coverage for University employees recalled from the Reserves to active military service in response to the events of September 11, 2001.  This resolution authorizes the continuation of these benefits through December 31, 2003 in response to the continuing need for employees to serve in the Armed Forces.

 

This resolution, consistent with the policies being followed by the State of New York for its employees, authorizes, under certain conditions, the continuation of Supplemental Military Leave at full pay for the greater of 30 calendar days or 22 working days, in addition to the Military Leave provided pursuant to Section 242 of the New York State Military Law.  Further, after exhaustion of the Supplemental Military Leave, this resolution authorizes a Military Leave at Reduced Pay for military service performed through December 31, 2003, whereby the employee will receive salary from The City University of New York equal to the difference between the employee’s regular CUNY salary and the military pay he/she is receiving.  Finally, this resolution authorizes the continuation (through December 31, 2003) of dependent health care coverage, under certain conditions, for employees recalled to active service as a result of the events of September 11, 2001 (less any period in which the employees remains in full-pay status).

 

                NO. 7.  COMMITTEE ON FACILITIES, PLANNING, AND MANAGEMENT:  The following items are placed on the calendar pursuant to the resolution on Committee structure last amended by the Board on 5/21/90, Cal. No. 8.D.  A quorum was not present at the meeting but the presiding chair determined that it is important for Board action not to be delayed.  A majority of the Committee members, including at least two Trustee members, support these resolutions.

 

A.       KINGSBOROUGH COMMUNITY COLLEGE – WINDOWS AND GLASS CURTAINWALL REPLACEMENT:

 

RESOLVED, That the Board of Trustees of The City University of New York authorize the Secretary of the Board to execute a consultant contract with the firm of Evans Heintges Architects for the Windows and Glass CurtainWall Replacement at Kingsborough Community College, CUNY Project No. KG136-000 and KG006-001.  The contract cost shall be chargeable to the City Capital Budget, Project No. KG136-000 and KG006-001 for an amount not to exceed $57,000.00.  The contract shall be subject to approval as to form by the University Office of General Counsel.

 

EXPLANATION:  Kingsborough Community College will engage Evans Heintges Architects to design energy efficient replacement windows and glass curtainwall for the existing Physical Education facility.

 

The proposed firm was selected in accordance with law and procedures established by the University.

 

B.       THE CITY UNIVERSITY OF NEW YORK – FY 2003-04 TO FY 2007-08 – CAPITAL BUDGET REQUEST:

 

RESOLVED, That the Board of Trustees of The City University of New York approve a five-year Capital Budget Plan for Fiscal Years 2003-04 through 2007-08 of approximately $2.6 billion, and a Capital Budget Request for Fiscal Year 2003-04 of approximately $576 million, including $550 million for major bonded projects authorized by The City University Construction Fund and funded through bonds sold by the Dormitory Authority of the State of New York with debt service payments appropriated by the State of New York and the City of New York, and $26 million for minor rehabilitation projects funded through City and State capital appropriations; and be it further

 

RESOLVED, That the Master Plan for the University be and is hereby amended as necessary to provide for the capital proposal.

 

EXPLANATION:  The FY 2003-04 to FY 2007-08 Capital Budget Plan includes funds for major new construction, rehabilitation and capital equipment in support of the University’s mission.  As in previous plans, this request focuses on critical health, safety, code compliance and rehabilitation projects, while recognizing the need for expansion and modernization of facilities as called for in campus master plans.  In formulating specific projects in this plan, an effort will be made where possible to leverage available University real estate resources through public-private development.

 

The total amount of this request includes the unfunded balance of appropriations provided in the FY 1998-99 State Budget Bill.  That bill appropriated a five-year (FY 1998-99 through FY 2002-03) capital budget for The City University of New York that totaled approximately $1 billion in bonded projects and $25 million in minor rehabilitation projects.  The Community College portion of that funding was to be matched by the City with approximately $110 million for bonded projects and $5 million for minor rehabilitations.  In the past five fiscal years, actual funding totaled approximately $875 million for bonded projects ($840 million from the State and $35 million matching funds from the City for Community Colleges) and $40 million for minor rehabilitation projects ($25 million from the State and $15 million from the City for Community Colleges).  The University is requesting from the State $172 million in bonded funds that were appropriated in the FY 1998-99 State Budget Bill and $75 million from the City in matching funds for Community Colleges.

 

THE CITY UNIVERSITY OF NEW YORK

 

SUMMARY OF ACTIVE AND PROPOSED CAPITAL PROJECTS

 

Over the past nine years, The City University has received more than $2 billion from the City and State to upgrade existing facilities and to build major expansions.  Of the projects fully funded in previous plans, most have been completed while several, including those listed below, are well under way.

 

·          Kingsborough Community College – Construction of Academic Village (DCE $18,200,000)

·          Queens College – Renovation of Powdermaker Hall (DCE $54,600,000)

·          York College – Renovation of St. Monica’s Church for Day Care Center (DCE $5,000,000)

·          Lehman College – Consolidated Computer Center, Phase II (DCE $13,033,000)

·          College of Staten Island – Building 2M Renovations, Phase I (DCE $5,000,000)

 

The current request includes completion funding for previously approved projects which were started with partial funding from previous years, including the following:

 

·          Brooklyn College – West Quad Building (CE $19,000,000)

·          John Jay College – Phase II (CE $136,650,000)

·          LaGuardia Community College – Center III Renovation, Phase I (CE $7,795,000)

·          Medgar Evers College – Academic Building I (CE $78,910,000)

·          City College – School of Architecture (CE $37,200,000)

 

Also requested is funding to continue successful CUNY-wide programs initiated in prior budget plans, including:

 

·          CUNY-Wide Senior Colleges – Condition Assessment (DC $61,000,000)

·          CUNY-Wide Senior Colleges – Energy Conservation/Performance (DC $18,000,000)

·          CUNY-Wide Senior Colleges – Educational Technology Initiatives, Phase IV (E $3,000,000)

·          CUNY-Wide Senior Colleges – NIT, Information Systems & Administrative Applications ($40,000,000)

·          CUNY-Wide Senior Colleges – Science & Technology Equipment (E $5,000,000)

·          CUNY-Wide Community Colleges – Condition Assessment (DC $23,994,000)

 

A = Acquisition, D = Design, C = Construction, E = Equipment

 

NOTE:  A copy of the FY 2003-04 Capital Budget Request Funding History and Summary of Priority List are attached.

 

NO. 8.  COMMITTEE ON STUDENT AFFAIRS AND SPECIAL PROGRAMS:  RESOLVED, That the following item be approved:

 

A.  THE CITY UNIVERSITY OF NEW YORK – AMENDMENT TO THE POLICY ON WITHHOLDING STUDENT RECORDS:

 

RESOLVED, That the existing Board of Trustees policy with respect to the withholding of student records as last amended on February 22, 1993, Cal. No. 7.C., be amended as follows:

 

Students who are delinquent and/or in default in any of their financial accounts with the College, the University or an appropriate State or Federal agency for which the University acts as either a disbursing or certifying agent, and students who have not completed exit interviews as required by the Federal Perkins Loan Program, the Federal Family Education Loan Programs, the William D. Ford Federal Direct Loan Program, and the Nursing Student Loan Program, are not to be permitted to complete registration, or issued a copy of their grades, a transcript of academic record, certificate or degree nor are they to receive funds under the Federal campus-based student assistance programs or the Federal Pell Grant Program unless the designated officer, in exceptional hardship cases and consistent with Federal and State regulations, waives in writing the application of this regulation.

 

NOTE:  Matter underlined is new.

 

EXPLANATION:  The purpose of this amendment is to formally incorporate all of the applicable Federal loan programs.

 

                NO. 9.  HONORARY DEGREES:  RESOLVED, That the following honorary degrees, approved by the appropriate faculty body and recommended by the Chancellor, be presented at the commencement exercise as specified:

 

                                COLLEGE                                                              DEGREE

 

                                HUNTER COLLEGE

 

                                Sila Calderón                                               Doctor of Humane Letters

 

                (To be awarded at the January 23, 2003, Winter Commencement)

 

                                MEDGAR EVERS COLLEGE

 

                                Ivan Van Sertima                                 Doctor of Humane Letters

 

                                Maurice DuBois                                  Doctor of Humane Letters

 

                                Barbara Ross Lee                              Doctor of Science

 

                (To be awarded at the December 4, 2002, Convocation)