June 18, 2003


I. Call to Order

Chairperson Engel called the meeting of the Board of Regents to order at 7:07 p.m. in the studio of KTWU TV.

II. Roll Call

Present were: *Mr. Blair, Mr. Dick, Mr. Engel, Mr. Etzel, Mr. Felker, Mrs. Lee, Mrs. Parks and Mr. Roth.

*Participated in meeting via telephone conference call.

Chairperson Engel opened the floor for public comment. There was no one wishing to be heard.

III. Approval of the Minutes of the May 21, 2003 meeting as amended, the May 28, 2003 and June 4, 2003 meetings.

It was moved and seconded to approve the Minutes of the May 21, 2003 meeting as amended and the May 28 and June 4, 2003 meetings as mailed. Motion passed unanimously.

IV. Officer Reports

A. Chair's Report

Chairperson Engel indicated he had no specific report. He noted materials had been distributed to the members' places which included a copy of a memorandum from president Farley to the Washburn Board of Regents dated June 16, a sales tax collection and pro forma history and a June 18, 2003 FY '03 tuition and fees compared to FY '04 proposed tuition and fees.

He said he would like to add to the Consent Agenda a new item E for the football suite license agreements and Action Items numbers 5 and 6, tuition rates for fiscal year '04 and placement and naming of the Nuemaker building from the Menninger campus. With consent those items were added.

B. Committee Report(s)

1. Budget/Finance Committee

Chairperson Etzel of the Budget/Finance Committee reported that the committee last met June 17 and highlighted the meeting by noting they had a summary of the sales tax for fiscal year '03 indicating there's been a greater than 7% decline in actual sales tax receipt for the period June through April this fiscal year as compared to the same period for fiscal year '03 and that is 3% below the original budget for this fiscal year.

He said they discussed possible sales tax revenues anticipated for fiscal year '04 and had reviewed a tuition analysis which showed that in 1992 undergraduate resident tuition at Washburn University was $400 below the national average and in 2003 the resident undergraduate tuition at Washburn is $400 below the national average. He said the same analysis indicated that between those years the increases at Washburn were lower than the state institutions. He reported the student tuition makes up approximately 40% of the University's budget. He said an increase in tuition dollars is needed because there are going to be increases in health and property insurance and utility costs as well as a need for additional funds to meet instructional costs, increasing the scholarship program and a salary program.

The committee is recommending a 12.5% increase in tuition which would result in approximately $2 million in additional revenue. He reported the committee was unanimous in its recommendation. He also reported the committee reviewed competitive tuition information and the sales tax pro forma history. It was moved and seconded to approve the committee report.

In response to a question from Regent Dick about the proposed tuition increase as compared with other public institutions in the state, President Farley reported the Kansas Board of Regents will be taking up that issue at its June meeting on June 26. He said what the institutions have indicated in previous meetings reflect a 20% increase in tuition rates for the three research institutions, a 16% increase at Emporia State, a 21% increase at Pittsburg State University and a less than 10% increase at Fort Hays State University.

Regent Dick said he wondered whether the proposed increase is enough given the tax revenue outlook for the ensuing fiscal year and the overall fiscal outlook for the state. He noted it is very difficult to raise tuition at a rate more rapidly than other universities and if Washburn does not go as rapidly as the others, we've lost that narrow gap, forever effectively creating an ongoing gap that will be difficult to close. He said it would be easier to raise tuition to a level of the other institutions then deal back portions of those increases for scholarships and aid to needy students.

In response to a question from Regent Etzel comparing tuition and fees at KU and K-State per credit hour with that of Washburn, Dr. Farley said adding in those institutions' mandatory fees, KU is approximately $136 a credit hour and Kansas State University is $135 a credit hour. He noted at these institutions there also are additional course fees for courses such as, by way of example, zoology and biology. He said the credit hour comparisons he's made do not include those additional course fees.

In response to a question from Regent Parks whether there was any anticipated impact such an increase would have on student enrollment, President Farley said it is our judgment there still is some elasticity on tuition and fees and we do not anticipate any negative impact.


President Farley, in response to a question from Regent Blair about the amount of revenue generated by a dollar per student credit hour increase, said a $1 increase would generate approximately $170,000. Mr. Blair said he agreed with everyone that a tuition increase is needed. He said, however, that he doesn't necessarily like raising the tuition to provide additional funds to pay for the tuition of other students. He likened that to a redistribution of income, which he said is like a tax. He said that when additional funds are required to provide additional scholarship and aid for students that places more pressure on fund raisers to raise revenues (Chairperson Engel asked the record reflect that JuliAnn Mazachek is laughing).

Dr. Farley said that in attempting to analyze what the fees should be we have to be sensitive to the marketplace, knowing that any increase will be moderated by the substantial amount of scholarships that we have available for our students because of the great financial support we have from the Washburn Endowment Association. He said on a per student basis Washburn has a better endowment than any other institution in the state and there are available various federal programs. He said we don't think there would be any dramatic impact on our students from the proposed increase, and he noted that Washburn depends more on tuition than any other public institution in the state that he knows of. He said Regent Lee asked a great question during the Finance Committee meeting on how it was that the proposed 12.5% increase was decided upon. He said the decision is based on the things we know we have to pay to balance the budget and to provide an adequate amount for expansion.

Regent Dick moved to amend the motion to reflect a 20% increase in the tuition rate versus the 12.5% raise proposed. Motion died for a lack of a second. Upon vote of the original motion, the motion was approved.

a. Continuation of Fiscal Year 2003 Budget into Fiscal Year 2004

It was moved and seconded to authorize the continuation of the budget for Fiscal Year '03 into Fiscal Year '04 until a new budget is adopted in October. Motion passed unanimously.

Chairperson Engel extended the Board's thanks to Regent Etzel for serving as a very capable chair of the Budget/Finance Committee.

C. President's Report

President Farley reported that the pass rate for Washburn nursing students from the most recent licensure exam in December was 90% compared to a national average of 86%. He said the pass rate of Washburn students for the past two years has ranged between 90%-92%.

Dr. Farley reported that a member of the faculty in the English Department, Dr. Howard Faulkner, has won a third Fulbright. He said on this Fulbright award Dr. Faulkner will be participating as a faculty member at a university in Morocco for the 2003-04 academic year.


Dr. Farley noted a number of programs have been and are being conducted on the University's campus this summer. He noted the Rotary Youth Leadership Academy, a week long program co-sponsored by the Rotary club and hosted by Washburn's Leadership Institute, took place last week; a Kansas youth leadership forum for students with disabilities is ongoing this week; and, as has been the case for a number of years, the annual National Youth Sports Program is being conducted on the campus open to area youth which is sponsored by the Athletics Department under the auspices of the National Collegiate Athletic Association. He noted the city is instrumental in helping with the program as well and that this year there are approximately 300 young people participating.

He noted the annual High Q competition concluded recently and that this year's champion is a team from Lawrence Free State High School.

Finally, he reported that the Kansas Department of Transportation has awarded a grant for the completion of the Washburn-Lane Lighting and Beautification project. He reminded the Board that several years ago the Board approved the expenditure of $100,000 for our piece of the lighting along that portion of Washburn Avenue from 17th Street to 21st Street. He said we anticipate it will begin this fall. Dr. Farley noted the support of Mayor Felker was instrumental in adding credibility and weight to the grant request. Mayor Felker, in connection with a question from Regent Lee about the style of the light, said it would be a similar style. He said there is now a joke that there are now two man-made objects which can be seen from outer space, the Great Wall of China, and the Washburn-Lane lighting project. He said they will be toning down the lights by greater spacing, noting the original plan was modeled after the lighting on Kansas Avenue where it is five lanes wide. He said it will provide a safer environment and will be aesthetically pleasing.

D. Treasurer's Report

Vice President for Administration and Treasurer, Wanda Hill, outlined the agenda items for 1. Liquidated Claims Approval - May, 2003 and 2. Public Budget - Publish Notice of Hearing.

It was moved and seconded to approve the Liquidated Claims and authorize the publication of the notice appearing for the public budget. Motion passed unanimously.

Vice President Hill then introduced Mike Gibson of Murray Construction who provided an update on the progress of the stadium renovation project. Mr. Gibson noted various activities of the contractor, noting the northeast entry plaza is approximately 75% complete, that the northwest entrance is approximately 90%, and that stonework and glass installation in the pavilion will be 100% complete within two weeks. In response to a question from the Regents, Mr. Gibson noted they are neither ahead nor behind the schedule and they anticipate the project will be completed on time. He also reported Murray Construction received a notice to proceed today on the construction of the Recreation Center. He said they've been mobilized and ready to share space with Phase I contractor and they anticipate beginning the footing and foundation work on Monday.


V. New Business

A. Consent Agenda:

It was moved and seconded to approve the Consent Agenda. Motion passed unanimously.

Approved by action of the Board:

1. Personnel

a. Personnel Action - Administrative Staff (Christal)

appointment of Melodie Christal as Director of Institutional Research effective July 1, 2003 at an annual salary of $56,004;

b. Personnel Action - Administrative Staff (Rusche)

appointment of Dale Rusche as Production Coordinator in ITS-Instructional Media at an annual salary of $36,000;

c. Personnel Action - Administrative Staff (Statton)

appointment of Takama Statton as Director of Residential Living at an annual salary of $36,000;

d. Faculty Personnel

approval to Dr. Howard Faulkner of one-year leave of absence for the 2003-2004 academic year; and,

* e. Suite License Agreement

approval of a form suite licensing agreement for the suites in the new Bianchino Pavilion at Moore Bowl.

B. Action Items:

1. Faculty and Academic and Administrative Staff Changes

Dr. Farley requested that one of the items on the table captioned BOR Salary Changes be stricken, that is Position 000300 for Charlene Smith. It was moved and seconded to approve the personnel actions detailed int he table captioned BOR Salary Changes and the May 21, 2003 memorandum from Mr. Dickes to Wanda Hill for an increase for Kevin Windholtz.

Approved by action of the Board:

Salary increases FY04 over FY03 to: Jane Carpenter from Lecturer at $39,456 to tenure track position at Assistant Professor rank at $43,008; Terry Cummins from .19 FTE at $6,408 to .38 FTE at $12,816; Michelle Epperson from part time clinical coordinator at $18,000 to full-time Lecturer at $40,008; Jan Guise from $46,008 to Assistant Director of Public Services at $51,008; Alyce Jessop from .38 FTE at $21,444 to .56 FTE at $31,716; Douglas Jones from previously grant funded to $54,060; Marilyn Masterson from part-time instructor at $16,200 to tenure track position at Assistant Professor rank at $43,008; Meredith Moore from 9 month contract at $73,968 to 10 month contract at $76,908; Patricia Munzer from $69,456 to $70,9056 for additional duties as coordinator of faculty development mentoring program; Dan Peterson from $81,096 to $86,568 for additional duties as Interim Chair of OLT;


Thomas Prasch from $45,924 to $51,792 for additional duties as Chair; David Provorse from $48,336 to $58,332 for additional duties as Chair-10 month contract; Sandra Tutwiler from $65,928 to $69,928 for additional duties as coordinator of assessment program; and Russell Smith from $103,872 to $114,000 returning to Associate Dean-10 month contract;

Promotion of: Joanne Altman from $53,724 to professor at $59,124; Gerald Bayens from $49,004 to associate professor at $50,844; Kevin Charlwood from $48,240 to associate professor at $50,040; Cheryl Childers from $47,772 to associate professor at $49,572; Reinhild Janzen from $42,456 to associate professor at $44,256; Teresita Leyell from $74,184 to professor at $76,584; Michael Rettig from $52,944 to professor at $55,344; Thomas Schmiedeler from $43,872 to associate pfofessor at $45,672; and Mihail Stoica from $84,612 to professor at $87,012;

New Hires: John Burns to support Athletic training program at $34,000; Ellen Carson as Associate Dean School of Nursing at $75,000; Raylene Hinz-Penner as one-year replacement for Howard Faulkner in English at $22,500; Kelley McDonald to support program growth covered by pro forms at $48,000; Kevin O'Leary FTE change from .88 to .75 at $36,000; Elizabeth Jane Perskins to support program growth at $44,004; and Jackquice Smith-Mahdi to meet program growth requirements at $43,200

2. Change Orders - Moore Bowl Stadium Renovation Project

Vice President for Administration and Treasurer, Wanda Hill, outlined the change orders presented for consideration by the Board of Regents. It was moved and seconded to approve the change orders as presented. In response to a query from Regent Dick whether the items detailed in PR #5, PR #12 and PR #13a are on the critical path, President Farley indicated they were. Motion passed unanimously.

3. School of Law, Building Renovation Project

President Farley reported the University is celebrating the 100-year anniversary of the founding of the Washburn School of Law. He said there has been no substantial renovation of the current law school building since its construction in the 1960s apart form the library addition and that to signal the importance of the law school to the state and to improve the quality of the law school and law school rankings, it is important to improve the quality of the classrooms to improve our competitiveness for recruiting students and recruitment and retention of faculty. He said it is an opportunity for the University to continue to be competitive as an excellent law school.

In response to a query from Regent Dick who said he was fully supportive of the project but wondered whether the institution had explored private fund raising for the project, President Farley said Washburn has a unique opportunity here with the plan that has been devised to leverage the funds expended for this project for increasing fund raising for professorships, student support and other programs for support and that it is essential seed money to raise additional funds for these other projects. He said the construction will occur next summer.


In response to a question from Regent Parks whether the improvements will have effect on capacity, Vice President Wasserstein, with corroboration from the Dean of the School of Law, Dennis Honabach, noted the classroom size will not be reduced but will change the classroom space to a more appropriate classroom space. Dean Honabach said it will also enable the law school to use the building more efficiently.

In response to a question concerning the number of students, Dean Honabach reported the target enrollments for the fall semester are 125 and for the spring semester 25. He said the enrollment is still into two sections.

The motion before the Board was to approve the program statement for the School of Law building renovation project, authorize the administration to begin architect selection and approve the project financing plan. Motion passed unanimously.

4. Landscape Project - Water Feature at 17th and Washburn

President Farley said this is a project that we've been wanting to do for some time to provide a landmark for the campus and make it a more dynamic campus. He said the water feature envisioned is a waterfall highly visible for traffic on 17th Street and Washburn. He said they've solicited proposals for the project and received three in response. He said there was apparently some confusion in the process of whether the request was for bids or request for proposals, noting there is a need to clarify the matter. He said the decision on a contractor for the proposed project will be based on the amount of money required and on aesthetics.

In response to questions from the Board of Regents, Dr. Farley reported that the feature would be coordinated with the lighting project and take approximately sixty days to construct.

Regent Lee urged that in dealing with the contractors the requirements be clearly articulated in writing and that emphasis be placed on guarantees of products, namely the motor and pump for the water. She said it is going to be a high maintenance item.

In response to her question about its operation throughout the year, Dr. Farley said it would be operational in the winter as well because of the anticipated high volume of water and that it is a pondless recirculating waterfall which shouldn't freeze over.

Regent Lee voiced concerns about the high maintenance of the water feature and the failure of equipment to run them and said the University should be assured that should the water part of the feature fail, the rest is still salvageable as a landscaping item. Dr. Farley said he couldn't agree more but noted we are not anticipating the feature fail but if it does it would be repaired. He said, however, it still would be designed as a garden should there be a determination in the future to cease the water portion of the feature.

In response to a question from Regent Etzel about the entity's submitting proposals, it was noted the three were Topeka Landscaping, Advanced Aquatic Design and ICI.


It was moved and seconded to approve a budget not to exceed $100,000 for the project with the vendor name and precise contract amount to be reported to the Board in July. Motion passed unanimously.

5. Menninger's Nunemaker Facility Relocation

President Farley reported the administration needs guidance for siting of the building from the Menninger campus known as Nunemaker Chapel for development of a budget for its relocation and installation on campus. He said the administration is recommending a maximum be established and that be at $350,000. He said we will be bringing back the cost to the Board at a future meeting.

Dr. Farley noted that a number of Regents viewed several prospective sites prior to the May meeting and several had visited a site prior to tonight's meeting which had been staked out showing a site for the building. It was moved and seconded to site the building in an area generally described as south of the Memorial Union, east of Benton Hall and north of Mabee Library.

Regent Blair inquired whether the motion were flexible enough to consider a location in an area slightly west of that site, noting if the building were moved to the west the institution would be able to avoid issues with respect to utilities and utility lines. He said it might also then might be possible to utilize the new building in conjunction with the International House, suggesting the new building could be used as a programmatic space and the International House used as a reception area, or vice versa. He said it would also be possible to create a patio area lying between the two facilities.

Regent Etzel said he and his wife, Carole, have expended a good deal of time in looking at various sites on the campus for the building. He said they have stepped off the site which has now been staked off. He said he and his wife will be assisting the Washburn Endowment Association in the fund raising efforts. He noted they have agreed to be a lead donor and to go on calls with the WEA to assist. He said he feels confident we will be able to achieve or exceed our goal. He said it is imperative that in these efforts we know where the building will be sited. He said he met with a potential donor today and will be meeting with one tomorrow, both of whom are wanting to know where with some specificity the building will be sited. He said as for the rationale for the site selected, he said the building will fit well within that site and not be closed in and that literally hundreds of students will be going by the building on a daily basis.

Regent Engel noted one problem with moving the building to the west is the lack of parking, noting there is parking available for the facility in the lot north of Moore Bowl. He said it would also be possible to couple the activities in the new building with those in the Memorial Union and, moreover, it would not hide the front of the International House.

On voice vote on the motion, motion passed unanimously.


Regent Etzel said he would like to thank the Regents. He said he's doing this as a labor of love and the Board and the University will be proud of it.

*Item(s) added to the agenda at the meeting with the consent of the Board.


Chairperson Engel requested the Nominating Committee make its report.

Regent Etzel, Chair of the Nominating Committee, reported the committee met on Monday, June 16 in response to its charge to nominate a person for chair and one for vice chair. He said after the matter was discussed, it was unanimously decided that nominees would be Jim Roth for chair and Blanche Parks for vice chair. Considered in the nomination process were the rotation among the Gubernatorial, Mayoral and county appointees as well as the limit of one year chairs developed several years ago which would allow more members the opportunity to serve the Board and University in this capacity. It was moved and seconded to approve the Nomination Committee's report. Motion passed unanimously.

Regent Blair asked upon approving the motion whether the Board was indicating agreement with the philosophy on rotation based upon the appointing authority of the persons nominated. It was indicated that the charge of the committee was solely to place names in nomination for chair and vice chair and that a vote on the motion was not a statement of philosophy. It was noted that as Mr. Blair was on the prevailing side he could make a motion for re-consideration so the matter could be clarified. It was moved and seconded to reconsider the previous motion. Motion passed unanimously.

It was moved and seconded to elect Jim Roth as Chair and Blanche Parks as Vice Chair. Motion passed unanimously.

Chairperson Engel, noting the meeting had been proceeding for approximately 1-1/2 hours, said the meeting will stand adjourned for a 10 minute period and reconvene for purposes of personal privilege and for an executive session. The meeting stood in recess at 8:37 p.m. and reconvened at 8:50 p.m.

Regent Dick, on point of personal privilege, said he would like to say a thank you to the administration and to the Board of Regents for his past eight years as a member of the Washburn Board of Regents. He said the last eight years as a Regent has been one of the best things in his life and it has been a wonderful and fun time. He said he wanted also to extend a thank you to the faculty and for the opportunity to work with them and staff and to President Farley for making this a wonderful experience.

He said the Regents have been a special group to work with, noting one of the things which makes it special is that it's been the case the Board has been driven by what's best for Washburn and devoid of personal and political disagreements. He said it's also provided an opportunity to renew friendships with Mayor Felker, who was a fraternity brother, and with Mr. Engel, who served with him on the Alumni Board and with Regent Parks, as he had worked with her late husband on a number of University activities. He said another thing that's made it special is that the friendships developed have not kept them from disagreeing when the focus has been on the University and disagreements have not kept them from being friends.


It was moved and seconded to recess to Executive Session for the purposes of discussing legal matters with counsel and to reconvene in open session in the studio at KTWU TV at 9:10 p.m. Motion passed unanimously. The Board recessed to Executive Session at 8:50 p.m.

At 9:10 p.m. the Board reconvened in open session. The Chair reported the Board had been in Executive Session for consultation with legal counsel and that no action had been taken. It was moved and seconded to recess to Executive Session for the purposes of continuing discussion with counsel on legal matters and to reconvene in open session at 9:40 p.m. Motion passed unanimously. The Board recessed to Executive Session at 9:10 p.m.

At 9:40 p.m. the Board reconvened in open session. Chairperson Engel reported the Board had been in Executive Session for the purpose of consulting with legal counsel and that no action had been taken. It was moved and seconded to recess to Executive Session for the purposes of continuing discussion with legal counsel and to reconvene in open session at 10:10 p.m. Motion passed unanimously. The Board recessed to Executive Session at 9:40 p.m.

At 10:10 p.m. the Board reconvened in open session in the studio at KTWU TV. Chairperson Engel announced the Board had been in Executive Session with legal counsel for the purpose of consultation with legal counsel on legal matters and that no action had been taken.

There being no further business to come before the Board, the meeting was adjourned at 10:10 p.m.


Kenneth P. Hackler

Secretary, Board of Regents


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