juh - 91994 · 2009-01-13 · juh - 91994 4. excerpt from the minutes u. t. board of regents -...

33
JUH -9 1994 4. EXCERPT FROM THE MINUTES U. T. Board of Regents - Regents' Rules and Regulations. Part One; Authorization to Amend Chapter III. Sec- Sec. 33. Retirement and Modified Service. 33.1 No person employed by the U. T. System or any component institution ehall be required to retire because of age except as permitted by law. However, a licensad pilot operating an aircraft under Part 91 of the Federal Aviation Regulations may be employed a. a pilot until the end of the fiscal year that includes the pilot's seventieth birth- day. Upon attaining the age of sixty, the pilot must satisfactorily complete the flight physical required for hisl her flight certification on a semi- annual basis. Flight physicals for all U. T. System pilots will be con- ducted by a certified flight surgeon employed at one ot the health insti- tutions of the U. T. System. In the event there is no certified flight sur- geon on staff at one of the health institutions ot the U. T. System, the flight phY5ical will be conducted, at u. T. System expense, by a certified flight surgeon designated by one of the health institutions Of the U. T. System.

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Page 1: JUH - 91994 · 2009-01-13 · JUH - 91994 4. EXCERPT FROM THE MINUTES U. T. Board of Regents - Regents' Rules and Regulations. Part One; Authorization to Amend Chapter III. Sec-Sec

JUH - 9 1994

4.

EXCERPT FROM THE MINUTES

U. T. Board of Regents - Regents' Rules and Regulations.Part One; Authorization to Amend Chapter III. Sec-

Sec. 33. Retirement and Modified Service.

33.1 No person employed by the U. T. Systemor any component institution ehall berequired to retire because of ageexcept as permitted by law. However,a licensad pilot operating an aircraftunder Part 91 of the Federal AviationRegulations may be employed a. a pilot

until the end of the fiscal year thatincludes the pilot's seventieth birth­day. Upon attaining the age of sixty,the pilot must satisfactorily completethe flight physical required for hislher flight certification on a semi­annual basis. Flight physicals forall U. T. System pilots will be con­ducted by a certified flight surgeonemployed at one ot the health insti­tutions of the U. T. System. In theevent there is no certified flight sur­geon on staff at one of the healthinstitutions ot the U. T. System, theflight phY5ical will be conducted, atu. T. System expense, by a certifiedflight surgeon designated by one of thehealth institutions Of the U. T. System.

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JUN - 9 1994

1.

EXCERPT FROM THE MINUTES

u. T. Board of Regents - Regents l Rules and Regulations,Part One: Amendments to Chapter III. section 34. Subsectio" 34.3 (Faculty and staff Orqanizations).--In order toremove unnecessarily strict language concerning thefiling of an affidavit by reqistered faculty and stafforganizations, the Board, upon recommendation of theAcademic Affairs and Health Affairs Committees, amendedthe Reqent~f Rules ang Regulations, Part one, Chap-ter III, Section 34, Subsection 34.3 regarding facultyand staff organizations to read as set forth below:

Sec. 34. Faculty and Staff Organizations.

34.3 No organization may become registeredor remain registered at a componentinstitution as a faculty or stafforganization unless the membership ofthe organization is restricted to thefaculty or staff of that componentinstitution.34.31 At the time ot application

for registration and at thebeginninq of each semesterthat an organization isregistered as a faoulty orstaff organization, eachsuch organization shallfile with the appropriateofficer at the componentinstitution a statementthat the organization doesnot presently have, norduring any period of regis­tration will it have, as amember any person Who isnot a member of the facultyor staff of the institu­tion.

34.32 If the chief administrativeofficer of the institution,or his or her designateddelegate, determines thatthe statements requirQdabove are false, registra­tion shall be denied, or ifit is determined that suchstatements hAve becomefalse during any period ofregistration, such raqis­tration shall be cancelled.

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5.21

JUN - 9 1994

3.

EXCERPT FROM THE MINUTES

U. T. Board or Regents - Regents' Rules and RegUlations.Part One: Approval of Amendments to ChaptQr III. Sec­tion 5. SUbsection 5.2. SUbdivision 5.21 [Appointment ofRelatives (Nepotism RUle)',--The Board, upon recommen­dation of the Business Affairs and Audit Committee,amended the Regents' Rules And Raqulotions, Fort One,Chapter III, Section 5, Subsection 5.2, Subdivision 5.21regarding the appointment of relatives (nepotism rUle) toread as set forth below:

Section 573.001 et seq., Texas Goyernment Code,does not prohibit the reappointment or con­tinued employment of any person who shall havebeen continuously employed in any such office,position, employment, or duty for a period of30 days prior to the appointment of the memberof the Board of Regents related to such personwithin the prohibited degree, nor does it applyto prohibit honorary or nonremunerative posi­tions; provided that when SUch person is reap­pointed or continued in employment the memberof the Board of Regents who is related to suchperson in the prohibited degree shall not par­ticipate in the deliberation or voting uponthe reappointment, continuation of employment,change in status, compensation or dismissal ofsuch person, it such action applies only tosuch person and not to a bona fide class orcategory of employees.

This amendment denotes reference to the codification offormer Article 5996a of Vernon's Civil statutes in theTexas Government Code and amends the period of continu­ous employment required for relatives of appointed offi­cials such as members of the U. T. Board of Regents tobe con_iatent with the 3D-day period included in theTexas Goyernment Code.

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JUN - 9 1994

EXCERPT FROM THE MINUTES

V, T. Board of Regents - Regents' Rules and Regulations,Part One: Amendments to Chapter II. Section 6 (EXecutiyeVice Chancellor for Bys1ness Affairs) and Section 11(Other Code lQQQ Staff And Officers of System Administra-

a. Section 6 was amended to read as follows:

Sec. 6. Executiye Vice Chancellor for BusinessAffairs.

The Executive Vice Chancellor for Busi­ness Affairs reports to the Chancellorand i. responsible for the directionof those offices and supervision ofthose areas of responsibility set forthin Subsection 6.2(10) of this Chapter.The Executive Vice Chancellor for Busi­ness Affairs provides staff assistanceto the Chancellor and the ExecutiveVice Chancellors in the exercise oftheir responsibilities. The ExecutiveVice Chancellor for Business Affairshas direct access to the Board ofRegents or The Univer5ity of TexasSystem and is expected to work directlywith the appropriate committees of theBoard in discharging the duties of theoffice.

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6.1 Appointment and Tenure.The Executive Vice Chancellor for BusinessAffairs shall be appointed by the Boardafter nomination by the Chancellor. TheExecutive Vice Chancellor for BusinessAffairs shall hold office without fixedterm, SUbject to the pleasure of the Chan­cellor. The Chancellor's actions regard­ing the Executive Vice Chancellor forBusiness Affairs are subject to review andapproval by the Board.

6.2 Duties and Responsibilities.The primary responsibilities of the Execu­tive vice Chancellor for Business Affairsinclude:6.21 The provision of staff assis­

tance to the Ch3ncellor and theExecutive vice Chancellors inthe execution of their respon­sibilities.

6.22 SUbmitting recommendations tothe Chancellor and to the appro­priate Executive vice Chancelloron business operations of thecomponents of the system.

6.23 Reviewing and making recommen­dations on uniform businesssystems and management.

6.24 SUbmitting recommendationsrelating to programs for themost efficient management ofpersonnel and resources.

6.25 Submitting recommendations forprogram development for train­ing ot personnel in nonacademicareas.

6.26 Reviewing and making recommenda­tions on programs of long-rangeplanning for physical facilitiesand financial resources.

6427 Reviewing and making recommen­dations relating to police andsecurity matters within theSystem.

6.28 Coordinating the businessaffairs of the system with othsrofficers and members of theSystem Administration staff.

6.29 In consultation with the appro­priate Executive Vice Chancel­lor, coordinating the activitiesof business administrative oper­ations of the component institu­tions.

- 49 -

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6.2(10)

6.2(11)

6.2(12)

Managing the operations of theoffices listed below throughsuch internal administrativeorganization as he/she deems tobe appropriate:Office of the Associate ViceChancellor for Business Affairs

Office of HistoricallyUnderutilized BusinessDevelopment

Office of the Director ofPolice

Office of the Assistant viceChancellor and Controller

Budget OfficeOffice of Management

Information SystemsOffice or Information

servicesOffice of Business and

Administrative ServicesDirector of Accounting

regarding SystemAdministration accounts

Office of the Assistant ViceChancellor for Finance

Office of Facilities plan-ning and Construction

Office of Financeoftice of Endowment Real

Estate regarding non­endowment and campusreal estate

System Personnel OfficeOffice of Employee Group

Insurance ProgramOffice of West Texas Lands

ManagementUniversity Lands

Accounting Officesurface Interestsoil, Gas , Mineral

Interests.Supervising and coordinating theacquisition and/or dispositionof all nonendowment and campuslands at the component institu­tions and the U. T. System.Directing the management of thepurchasing, accounting, equip­ment inventories, and voucherinqoperations for the offices ofthe System Administration andcoordinating the building ser­vices for the System buildings.

- so -

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6.2(13)

6.2(14)

6.2 (15)

6.2 (16)

Directing the manaqement of theSystam-wide insurance proqrams(except the system Plan forProfessional Medical LiabilitySelf-Insurance), includinqapproval of all policies andcoverages, such program. toinclude:

Fire and Extended Coverage;Li&bilitYiHe.alth;Life;Accidental Death and

Dismemberment;Income Replacement; andRetirUlent.

Implementing policy tor thereceipt, disbursement, andcustody of funds; for termsot depoaitQry agreementswith banks; and for custodyat bearer securities owned bySystem funds that are main­tained in bank safety depositboxes and are not in custodywith the State Treasurer.Forwardinq debt issues forapproval by the Board ofRegents followinq the concur­rence of the Vi~. Chancellorfor Asset Management.Performinq such other duties asmay be assiqned ~y the Chancel­lor.

b. Present Suba4ction 6.3 vaa deleted 1n its entirety.

This subsection contained the detailed jobdeserip~iona of .everal officers reportingto the Executive Vice Chancellor for Busi­ness Attairs. These job descriptions willnow be on file in tha Sy8t•• Personneloftice as required in Item c. beloW.

c. Section 11 vas amended to read as follows:

Sec. 11. Other Code 1000 stott and Officers ofSystem AdministrAtion.

Staff and officers of System Administra­tion designated ae code 1000 shall beappointed by the Chancellor, the Execu­tive Vice Chancellors, or Vice Chancel­lors to whoa they will report, andshall have appropriate job d8scriptionoon tile with the System Personnel Office.Persona so appointed shall not havetenure by virtue of their respectivepositions. They ahall serve withoutfixed term, subject to the pleasure ofthe officer to who1D they report. Theactions ot the appointinq officer con­cerning such positions are in turn sub­ject to review and approval by theChancellor or the Board as required bythe Regents' Rule. and Regulations.

The amendments to Section 6 are intended to reflect areorganization of those areas of responsibility of theExecutive Vice Chancellor for Business Affair••

section 11 was amended to reflect the require~ent thatappropriate job descriptions be on file with the systemPersonnel office.

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AUG 1 1 199't1.

EXCERPT FROM THE MINUTES

U. T. Board of Regents - Regents' Rules and Regulations.Part One: Amendments to Chapter VIII. section 4 (Insti­tutions and Entities Composing the System) .--In order toreflect changes in the names or titles of various aca­demic entities within The University of Texas Systemthat are the result of academic program actions approvedby the U. T. Board of Regents and the Texas Higher Educa­tion Coordinating Board during the past year, the Boardamended the Regents l Rules and Regulations, Part One,Chapter VIII, section 4 (Institutions and Entities Com­posing the System) as set forth below.

Committee chairman Holmes noted that in the futureBoard actions that involve changes in names of academicentities will include authorization for the ExecutiveSecretary to the Board of Regents to editorially amendthe Regents' Rules and Regulations upon approval by theTexas Higher Education Coordinating Board.

Sec. 4. Institutions and Entities Composing the Svs­~--The System is composed of the co~ponent

institutions and entities set forth below inparagraphs 4.1 et seq. and such other componentinstitutions and activities as may from timeto time be assigned to the governance, control,jurisdiction, or management of the Board of theSystem. To insure uniformity and consistenceof usage throughout the System, the componentinstitutions and their respective entities shallbe listed in the following order and the follow­ing titles shall be used:

F1l11 Title

4.5 The University of Texas atBrownsville

Short Title

U. T.Brownsville

4.51

4.52

4.53

4.54

4.55

4.56

The University of Texasat Brownsville Schoolof Business

The University of Texasat Brownsville Schoolof Education

The University of Texasat Brownsville Schoolof Health Sciences

The University of Texasat Brownsville Collegeof Liberal Arts

The University of Texasat Brownsville Collegeof Science, Mathematicsand Technology

The University of Texasat Brownsville Divisionof Continuing Education

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Full Title

4.7 The University of Texas atEl Paso

Short Title

U.T. El Paso

4.71

4.72

4.73

4.75

4.76

4.77

The University of Texasat El Paeo college ofBusiness Administration

The University of Texasat E1 Paso College ofEducation

The UniverQity of Texasat E1 Paso College ofEngineering

The University of Texasat E1 Paso colleqe ofLiberal Arts

The University of Texasat E1 Paso college ofNursing and HealthSciences

The University of Texasat E1 Paso College ofScience

The University of Texasat E1 Paso GraduateSchool

4.8 The University ot TeXAS ­Pan American4.81 The university of Texas ­

Pan American Collegeof Ar~s ana Sciences

4.82 The University of Texas -Pan American School ofBusiness Administration

4.83 The University of Texas ­Pan American School ofEducation

4.84 The University of Texas ­Pan American School ofHealth sciences

4.9 The University of Texas of thePermian Basin4.91 The University of Texas

of the Permian BasinColleqe of Arts andSciences

4.92 The university of Texasor the Permian BasinSchool of Business

4.93 The University of Texasof the Permian Sasinschool of Education

- 21 -

U.T. PanAmerican

U.T. PermianBasin

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.,- .

Full Title Short Title

4.(11) The University of Texas at Tyler U.T. Tyler4.(11)1 The University of Texas

at Tyler School ofBusiness Administration

4.(11)2 The University of Texasat Tyler School ofEducation and Psychology

4.(11)3 The University or Texasat Tyler School ofLiberal Arts

4.(11)4 The University of Texasat Tyler School ofsciences and Mathematics

4.(11)5 The University of Texasat Tyler Division ofNursing

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2 •

APR 14 1994

EXCERPT FROM TIlE MINUTES

U. T. Board of Regents: Regents' Rules and Regulations,Part One: Amendments to Chapter III. Section 33. subsec­~on 33,1 (Retirement and Modified Service).--on Decem­ber 31, 1993, Congress repealed 29 U.S.C. Section 623that provided authority for mandatory retirement agesfor law enforcement officers pursuant to the Age Dis­crimination in Employment Act. In order to reflect thechange in federal law, the Board amended the Regents'Rules and Regulations, Part One, Chapter III, Section 33,subsection 33.1 regarding retirement and modified serviceto read as set forth below:

Sec. 33. Retirement and Modified service.

33.1 No person employed by the U. T. Systemor any component institution shall berequired to retire because of age exceptas permitted by law. A pilot shall notbe employed beyond the end of the fiscalyear that includes the pilot's sixty­fifth birthday.

The age limitation on airplane pilots is based upon theFederal Aviation Administration restriction placed oncommercial airlines and has been upheld by the Laderalcourts as a bona fide occupational requirement for pilotsemployed by state aqencies.

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· .

FEB 10 1994

EXCERPT FROM THE MINUTES

V, T. Board ot Regents - Regents' Rules and Regulations.Part One; Amendments to Chapter I, section 8, Subsec­tion 8.5. Subdivision 8.53 (Communications by and tothe Board); Chapter IV. section 3 (FaCUlty Advisory Coun­cil); and Chapter VI, Section 1, subsection 1.6 (studentAdvisory Groupl.--To formalize the continuing appointmentof the FaCUlty Advisory Council and the StUdent AdvisoryGroup within The University of Texas System, approval wasqivQn to amend the Regents' Rules and RegUlations, PartOne, Chapters I, IV, and VI as set forth below:

a. subdivision 8.53 of Chapter I, Section 8, Subsec­tion 8.5 was amended to read as follows:

8.53 All official material to be distributed tothe Regents shall be transmitted throughthe Office of the Board of Regents. Cop­ies of all Official communications fromadministrative officers to the Regentsshall be sent to the Executive Secretary.communications from the Chancellor andExecutive Vice Chancellors shall beexempt from this requirement but in suchcases information copies shall be fur­nished to the Executive Secretary. TheregUlar channel of communication fromthe faculty, staff, students and adminis­tration to the Board is through the chiefadministrative officer of the institutioninvolved, the appropriate Exec~tive ViceChancellor and the Chancellor. A copy ofany communication sent directly to aBoard member shoula be furnished to theChancellor, the appropriate Executive ViceChancellor and to the chief ad»inistrativeofficer of the institution involved.

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Except for communications from the Chan­cellor, the Executive Vice Chancellorsand the Executive Secretary to the Board,all communications to the Board from mem­bers of the university community shouldbe in writing.

Communications from the Faculty Advisorycouncil anQ the student Advisory Groupto the Board are through the Chancellor.

b. A new section 3 to Chapter IV was added to read asfollows:

Sec. 3. Faculty Advisory Council.--At the dis­cretion of the Chairman of the Board ofRegents and the Chancellor, a facultyadvisory council representing componentinstitutions in the U. T. System may beformed to facilitate the flow of ioeasand information between and among theu. T. Board of Regents, the U. T. SystemAdministration, and the component insti­tutions. The Chairman and Chancellor willpromulgate guidelines for the selection offaculty advisory council representatives.Representatives of the faculty advisorycouncil may from time to time address theBoard at meetings of the Board and mayrecommend action to the Board through theChancellor. The faculty advisory councilshall provide an annual report or activi­ties and actions to the Board.

c. A new SUbsection 1.6 to Chapter VI, Section 1 wasadded to read as follows:

1.6 Student Advisory Group.--At the discre­tion of the Chairman of the Board ofRegents and the Chancellor, a studentadvisory group representing componentinstitutions in the U. T. System may beformed to facilitate the flow of ideasand information between and among theU. T. Board of Regents, the U. T. SystemAdministration, and the component insti­tutions. The Chairman and Chancellorwill promUlgate gUidelines for the selec­tion of stUdent advisory group represen­tatives. Representatives of the studentadvisory group may from time to timeaddress the Board at meetings of theBoard and may recommend action to theBoard through the Chancellor. The stu­dent advisory group shall provide anannual report of activities and actionsto the Board.

- 3 -

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FEB 10.2.

EXCERPT FROM THE MINUTES

V, T. Board of Regents - Regents';RUles and Regulations,Part One: Amendment§ to Chapter III. Section 7 (Rightsand Re§ponsibilities as q Citizen and as a Teacher) andsection 35 (Political Activities).--In order to clarifythe terms and conditions applicable to political activi­ties by faculty or staff members within The Universityof Texas System, the Board amended the Regents' Rulesand Regulations, Part One, Chapter III, Section 7 (Rightsand Responsibilities as a Citizen and as a TQacher) andSection 35 (Political Activities) as set forth below:

a. Section 7 was amended to read as follows:

Sec .. 7. Rights and Responsibilities of FacultyMembers as Citizens and a6 Teachers.

7.3 The university teacher is a citizen,a member of a learned profession,and an officer of an educationalinstitution supported by the state.When the teacher speaks or writes asa citizen, he or she should be freefrom institutional censorship or dis­cipline, but the teacher's specialposition in the community imposesspecial obligations. As a person oflearning and an educational officer,the teacher shOUld remember that thepUblic may jUdge the profession andthe institution by his or her utter­ances. Hence, the teacher should atall times be accurate, should exer­cise appropriate restraint, shouldshoW respect for the opinions ofothers, and should make it plainthat the teacher is not an institu­tional spokesman.

b. Present Subsection 7.4 ot section 7 was deleted inits entirety.

c. A new Section 35 was added to read as follows:

Sec. 35. Political Activities.--The Board recog­nizes the right of a member of thefaculty or staff to participate in polit­ical activities provided such activitiesare not conducted during work hoursunless the faculty or staff member usesaccrued compensatory or vacation leave;are in compliance with the constitutionand laws of the state of Texas; do notinterfere with the discharge and perfor­mance of an employee's duties and respon­sibilities; do not involvQ the use ofequipment, supplies, or services of theSystem or a component institution; do notinvolve the impermissible use of Systemor component facilities; do not involvethe attempt to coerce stUdents, faculty,or staff to participate in or support thepolitical activity; and do not involvethe system or a component institution inpartisan politics. With the interest ofthe system or a component institutionbeing given first consideration, a leave

_._-_.-..----------~_.---~/..y-----------..) ~:'.. ,:.

.j '.~

" ,

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of absence without pay pursuant to Subsec­tion 16.2 of this Chapter, may--but neednot--be granted to a member of the facultyor stat! to participate in politicalactivities. However, a leave of absencewithout pay shall not be granted to amember of tho faculty or staff of theSystem or a component institution tor thepurpose of being a candidate for an elec­tive pUblic office, holdinq an electivepUblic office, or directing the politicalcampaign of a candidate for an electivepublic office. A member of the facultyor staff who wishes to engage in polit­ical activity that will interfere withthe performance of his or her duties andresponsibilities should voluntarily termi­nate employment. It the chief administra­tive officer of the component institution,the Chancellor, an Executive vice Chancel­lor, or the Board finds that the facultyor staft member's political activityinterteres with the performance of his orher duties and responsibilities or doesnot comply with the requirements of thisSUbsection, the raculty or staft membershall be subject to appropriatQ disci­plinary action, including termination.

d. Present section 35 was renumbered as Section 36.

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EXCERPT FROM THE MINUTES

DEC - 2

U. T, Board of Regents • Regents' RUles and Regulations, PartOne: Amendments to Chapter I. section 8, Subsection B.5,

1993subdiyisions 8.53 and 8.55 (Communications by and to theBoard) .--Approval was given to amend the Regents' RUles andRegulations, Part One, Chapter I, Section 8, Suhsection 8.5,Subdivisions 8.53 and 8.55 regarding communications by and tothe Board to read as set forth below:

8.53 All official material to be distributed to theRegents shall be transmitted through the Officeof the Board of Regents. Copies of all offi­cial communications from administrative offi­cers to the Regents shall be sent to theExecutive Secretary. communications from theChAncellor and Executive vice Chancellors shallbe exempt from this requirement but in suchcases information copies shall be furnished tothe Executive Secretary~ The regular channelof communication from the faculty, staff, stu­dents and administration to the Board isthrough the chief administrative officer of theinstitution involved, the appropriate ExecutiveVice Chancellor and the Chancellor. A copy orany communication sent directly to a Boardmember should be furnished to the Chancellor,th@ appropriate Executive Vice Chancellor andto the chief administrative officer of theinstitution involved.

Except for communications from the Chancellor,the Executive Vice Chancellors and the Execu­tive secretary to the Board, all communicationsto the Board from members of the universitycommunity shOUld be in writinq.

.. -- •. '~ --=""-._ ,_...-._ -..,...,-.-:-"""."....,.. ..",.'"=._--_..,,-.

" ...,,~.

- ,-.::' ,"..-,.

8.55 A description of all matters to be oonsideredby the Board or a standing committee of theBoard at any meeting shall be mailed or deliv­ered to each member of the Board or to eachmember of the appropriate standing committee ofthe Board and to designated ofricials at leastfive days in advance of the meeting at whichthey are to be considered, and insofar as pos­sible, such material shall be mailed or deliv­ered to each member of the Board or to eachmember of the appropriate standing committee ofthe Board and the designated officials at leastten days in advance of the meeting~ Each suchmatter shall be accompanied by a summary of thefacts pertaining thereto, the need ror actionthereon, and the recommenda~ions of the Chan­cellor. Where contractual awards are involved,the summary shall show the method of competi­tion, if any, ~he names and offers or allinterested parties, and generally sufficientinfomation to show the reasons for and fair­ness o~ each transaction. The recommendationsof the Chancellor shall state whether they arefUlly concurred in by any Executive Vice Chan­cellor and chief administrative officerinvolved, and if not, their views and recommen­dations shall be inCluded. Any matter not sentto the members of the Board or the members of astandinq committee of the Board, documented asherein provided, at least five days in advancQof the meeting at which it is to be considered,shall go over to the next meeting for consider­ation; provid~d, howevGr, tha~ if sufficientemergency exists requiring immediate action andit appears that the delay was unavoidable, thisrequirement may be waived by a two-thirds voteof the Board or a standing committee of theBoard.'.~~;P~~:;¥J(w.P_ ;.ow=?*, '-Ga.:"" "(#, iL,; 414 4CI"';~.,."'::'.':"'-::::;:::;-~~~""'I:. _

~~~~~~:g~!ttl~~1frt!~i'I;;i e •

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EXCERPT FROM THE MINUTES

2 • U. T. Board of Regents Regents' Rules and Regulations:

OCT - B 1993Amendments to Ca) Part One, Chapter III, Section 16(Leaves of Absence Without Pay) and (b) Part TWo, Chap­ter V. Section 2, Subsection 2.2 (Medical DisabilityLeave) .--Approval was given to amend the Regents' Rulesand Regulations, Parts One and Two as set forth below:

a. Part One, Chapter III, Section 16 regarding leavesof absence without pay was amended to read as fol­lows:

Sec. 16. Leaves of Absence Without pay.

16.1 with the interest of the insti­tution being given first con­sideration and for good cause,leaves of absence without paymay be granted for a periodwithin the term of appointmentof a member of any faculty orstaff.

-·r.

Theleaveis

maximum period for which aof absence will be granted

the end of the fiscal year inwhich the leave begins. In thecase of faculty, the date forreturn to duty will generallycoincide with the beginning ofthe next semester, following theperiod of absence. In normalcircumstances, leaves for up toone year will be granted liber­ally, provided the department sorecommends and can supply satis­factory replacements. The firstperiod of leove of absence may

16.2

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16.3

16.4

16.5

16.6

16.7

be approved, subject to the gen­eral conditions included hQrein,by the chief administrativeofficer. Requests for addi­tional leave under this sectionmust be sUbmitted to the U. T.Board of Regents for approval.

Except in unusual circumstances,such a& military service, rea­sons of health, continued gradu­ate study, and pUblic serviceor other activity that reflectscredit on the institution andenhances an individual's abilityto make sUbsequent contributionsto the institution, a secondconsecutive year of leave willnot be granted.

Except in very unusual circum­stances a third consecutiveleave of absence for one yearwill not be granted.

After a return to duty of oneyear, the leave-of-absenceprivilege will be available.

Unless otherwise provided by orauthorized pursuant to law, allaccumulated paid leave entitle­ment must be exhausted before aleave of absence without paymay be granted, with the addi­tional provision that sick leavemust be exhausted in those caseswhere the employee is eligibleto take sick leave.

Upon expiration of Family andModical Leave pursuant to theseRules and Regulations, anemployee may be eligible for aleave of absence under thissection. For leave of absenceto participate in a politicalcampaign, faculty developmentleave, parental leave, sickleave, leave for jury duty,leave for military duty, andleave related to on-the-jobinjuries, see other sections ofthese Ryles and Regulatioo5.

b. Part Two, Chapter V, section 2, Subsection 2.2 regardingmedical disability leave was amended to road as follows:

2.2 Family and Medical Leave.2.21 Any employee, whether faculty, classified, or

administrative, may request and receive aleave of absence without pay for up to twelveweeks per year for ~amily and medical reasonsspecified by the Family and Medical Leave Actof 1993 and accompanying regulations govern­ing the Act, as set forth in approved insti­tutional and system policies. Eligibilitycriteria are defined in the Act.

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2.22 Upon expiration of the twelve weeks of leavetaken pursuant to the Family and MedicalLeave Act, an employee may be eliqible fora leave of absence without pay pursuant toPart One, Chapter III, Section 16 of theReqents' Rules and Regulations.

The amendments to Part One concerning leaves of absencewithout pay are consistent with federal law and claritythe approval procedure for leaves without pay.

The rederal Family and Medical Leave Act of 1993, whichwas enacted to be effective August 5, 1993, necessitatesthe amendments to Part Two of the Aeqents' Rules gndRegulations.

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1.

AUG 12 1993

EXCERPT FROM THE MINUTES

U. T. Board of Regents - Regents' Rules and Regulations.Part Onei Amendments to Chapter III, Section 25 {Text­books And Other Materials Prescribed for the Use ofStudents).--Upon recommendation of the Health Affairsand Academic Affairs Committaes, the Board amended theRegents' Rules and Regulations, Part One, Chapter III,Section 25, regarding textbooks and other matQrialsprescribed for the use of stUdents, to read as setforth below:

Sec. 25. Textbooks And Other Materials Pre6cri~ed forthe Use of Students.

25.1 The policy of the Board concerning text­books and other materials prescribed forthe use of students is as fOllows:25.11 Although generally the indi­

vidual instructor or the depart­ment shoUld have wide discretionin the choice of materials to beused in the courses offared bythe department, frequent changesin the textbooks prescribedshould he discouraged and shouldbe made only for cogent reasons.

25.12 Although the authorship ofbooks, outlines, manuals andsimilar materials by members ofthe faculty and staff should beencouraged, the prescribed ueeof these for students is aresponsibility that goes beyondthat of the individual author.Where practical and equitable,the charge for outlines,syllabi, and similar materialsprescribed for the use of stu­dents should be borne by thedepartment~ Whenever anapproved incidental fee includesa charge for such materials dis­tributed through the classroom,the prices should be as low aspossible, consistent with thepayment of any required royaltyto the author or authors.

25.2 To carry out this statement ot policy thefollowing procedures are prescribed:25.21 Any proposed change in the

textbook of any course, withinone year from the date of firstadoption, shall be approved bythe departmental faculty, and

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25.22

change shall be transmitted bythe chairman of the departmentthrough the dean to the chiefaca~emic and administrativeofficers.Textbooks, notebooks, manuals,or other materials tor the useof stUdents of 4 componentinstitution, written or preparedby a member of the faculty ofthat institution, shall not beprescribed for the use of stu­dents in that institution orsold to such stUdents untilapproved by the dean, chief aca­demic officer and Chief adminis­trative officer, pursuant topolicies inclUded in the insti­tutional Handbook of OperatingProcedures. At a minimum, thesepolicies should prOVide tor con­sUltation with departmental fac­Ulty. An annual list of suchapproved materials shall bereported to system Adminis­traeion via the appropriateExecutive Vice Chancellor eachAugust. The report .hall indi­cate the proposed prices andprofits, it any, and the autho­rization shall be effective onlyto the end of the fiscal year(August 31) for which suchapproval has been given.

These amendments are intended to allow flexibility inthe institutional approval of faculty authored materialsrequired or reoommended tor classroom use. Some compo­nents desire to require approval by departmental facultycommittee. and others do not.

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2.

JUN 10 1993

1.

JUM 10 1993

EXCERPT FROM TIlE MINUTES

U. T. Board of Regents - Regents' Rules and RegulationsPart One; Authorization to Amend Chapter VI, Sec- ~ticD 12,--The Board, upon recommendation of the AcademicAffairG and Health Affairs committees, amended theRegents' RUles and Regulations, Part One, Chapter VISection 12 &5 set forth below: '

a. A new Section 12 was added to read as tollows:

Sec. 12. Animals on Campus.--With the exceptionof certified support animals and ani­mals involved in approved Universityactivities, animals are not permittedin any university building. Animal(s}may be brought onto ca.pus, other thanin buildinqs, but should be appropri­ately restrained and/or contained. Theowner shall be responsible for cleaningup after the animal.

b. Present Section 12 was deleted in its entirety.

V, T, Board of Regents - Regents' Rules and Regulations,Part One: Authorization to Amend Chapter VIII, Sec-tion 4. Subsection 4.(14) (Institutions and EntitiesComposing the system) .--pursuant to the passage by the73rd Legislature of Senate Bill 374, signed by GovernorAnn Richards on April 29, 1993, related to the closingof The university of Texas Speech and Hearing Instituteat Houston, the Board amended the Regents' Rules andRegulations, Part One, Chapter VIII, Section 4, SUbsec­tion 4.(14) regarding the entities of The university ofTexas Health Science Center at Houston to read as setforth below:

Sec. 4. Institutions and Entities Composing the System.

4. (14)

Full Title

The University of Texas HealthScience Center at Houston

4.(14)1 The University of TexasMedical school atHouston

4.(14)2 The University of TexasDental Branch at Houston

4.(14)3 The University of TexasGraduate School of Bio­medical Sciences atHouston

4.(14)4 The University of Texa5School of Allied HealthSciences at Houston

4.(14)5 The University of TexasSchool ot Public Healthat Houston

4.(14)6 The University of TexasSchool of Nursing atHouston

Shqrt Title

U.T. HealthScience Center ­Houston

U.T. MedicalSchool - Houston

U.T. DentalBranch - Houston

U.T. G.S.B.S. ­Houston

U.T. AlliedHealth sciencesschool - Houston

U.T. Public Healthschool - Houston

U.T. NursingSchool - Houston

The U. T. Speech and Hearing Institute - Houston wasacquired in 1971 as a donation from a nonprofit corpora­tion (Texas Institute for Rehabilitation and Research)pursuant to the provisions of Senate Bill 918. TheInstitute functioned in accordance with the statutoryprovisions until October 31, 1992, at which time theInstitute was closed and the service delivery programswere transferred to the Houston School for the Deaf andthe University of Houston communication Sciences andDisorders consortium where they are supported in part by

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. ,

EXCERPT FROM THE MINUTES

1.

JUN 10 1993D. T, Board of Regents - Reqents' Rules and Regulations,Part One: Amendments to Chapter III. Section 1. Subsec­tion 1.8 (Academic Titles) and Section 6, Subsections 6.2and 6~7 (Tenure. promotion. and Termination of Employ­ment) .--Upon recommendation of the Academic Affairs andHealth Affairs committees, the Board amended the Regents'RUles and RegUlations, Part One, Chapter III, Section 1,Subsection 1.8 (Academic Titles) and Section 6, Subsec­tions 6.2 and 6.7 (Tenure, Promotion, and Termination ofEmployment) as set forth below:

a. section 1, Subsection 1.8 was amended to read asfollows:

1.8 Academic Titles.

. .

1.82

1. 83

In order to aChieve consistency in the use ofacademic titles among the component institu­tions of the System, the following subdivisionsdescribe the use of titles to apply in allinstitutions.1.81 Except for the title Regental Profes­

sor and, at U. T. Brownsville, theadditional technical titles of MasterTechnical Instructor, Associate Mas­ter Technical Instructor, and Assis­tant Master Technical Instructor asauthorized in the U. T. BrownsvilleHandboQk of Operating Procedures forand in conjunction with associatedegree and certificate programs forthe educational partnership withTexas Southmost College, the onlytitles to be used henceforth in whichfaCUlty members may hold tenure areas follows:(a) Professor(b) Associate Professor(c) Assistant Professor.Persons holding a named chair or pro­fessorship or a position designatedby academic discipline may be awardedtenure by virtue of appointment toone of the positions listed above inSubdivision 1.81, but not through thenamed chair or professorship or posi­tion designated by academic disci-pline.The following academic titles mayalso be used within University ofTexas System component institutions.Tenure cannot be awarded to a personappointed to these ranks and, withthe exception of the ranks ofInstructor and Technical Instructor,

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academic service within these rankscannot bg counted toward the satis­faction of any required probationaryperiod. Appointments to these titlesshall be for a period of time not toexceed one academic year except inthe case of Lecturer or Senior Lec­turer when, in individual cases,appointment may be for periods oftime not to exceed three academicyears. Witn the exception of thetitles of Instructor and TechnicalInstructor, such appointments shallterminate at the expiration of thestated period of appointment withoutthe notification of nonrenewalrequired by Subsection 6.7 of thisChapter. If a component institutiondetermines that it is to the benefitof the institution, it may offerreappointments to these titles.(a) Instructor. This title denotes

a probationary appointment as amember of an institutional fac­ulty. During the period ofprobationary appointment tothis rank 4 the scholarly com­petence, teaching performance,and professional promise of thecandidate will be evaluated.

(b) Technical Instructor. Thistitle denotes a probationaryappointment as a member of theU. T. Brownsville faCUlty inassociate degree or certificateprograms for the educationalpartnership with Texas SouthmostCollege. During the period ofprooationary appointment to thisrank, the teaching performanceand professional promise of thecandidate will be evaluated.

b. Present items remaining in Subdivision 1.83[(b) through (i)] were renumbered as appropriate.

c. Section 6, Subsection 6.2 was amended to read asfollows:

6.2 Tenure denotes a status of continuing appoint­ment as a member of the faculty at a componentinstitution. Except for the title RegentalProfessor, only members of the faculty withthe academic titles of Professor, AssociateProfessor, or Assistant Professor or, at U. T.Brownsville, with the additional technicaltitles of Master Technical Instructor, Asso­ciate Master Technical Instructor, or Assis­tant Master Technical Instructor may begranted tenure. Tenure may be granted at thetime of appointment to any of such academicranks, or tenure may be withheld pending sat­isfactory completion of a prooationary periodof faculty service; however, SUch tenurestatus shall not be applicable to the faCUltyof The University of Texas M.D. AndersonCancer Center.

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Effective with the Fall Semester of 1988, Theuniversity of Texas of the permian Basin isauthorized to discontinue use of seven-yearterm appointments ot faculty and to institutea tenure system. In accordance with Regents'RUles and Regulations, The university or Texasof the permian Basin will develop new policiesand procedures for tenure review of futurefaculty and faculty now employed on termappointments for inclusion in the institu­tional Handbook of Operating Procedures. Nonew term appointments are to be made, andcurrent term appointments shall be renewedonly for currently employed faculty who donot qualify for tenure appointment.

The University of Texas M.D. Anderson CancerCenter is authorized to award a seven-yearterm appointment which will denote a status ofcontinuing appointment at that institution asa member of the faculty for a period of sevenyearg. Only members of the faculty with aca­demic titles of Professor I Associate Professor,or Assistant Professor may be granted a seven­year term appointment. A seven-year termappointment may De granted at the time ofappointment to any of such academic rank ormay be withheld pending satisfactory comple­tion of a probationary period of faculty ser­vice.

Only full-time service in theacademic ranks of professor, Associ­ate professor j Assistant professor,and Instructor, or any combinationthereof, or in the academic ranks ofMaster Technical Instructor, Associ­ate Master Technical Instructor,Assistant Master Technical or Tech­nical Instructor, or any combinationthereof, shall be counted toward ful­fillment of a required probationaryperiod related to the award of tenureor a seven-year term appointment.Periods during which a faculty memberis on leave of absence shall not becounted toward fulfillment of arequired probationary period.Prior service at other academicinstitutionsl whether inside or out­siae the System, shall not be countedtoward fulfillment of the requiredprobationary period unless specifi­cally permitted under the provisionsof a component institution's Handbookof Operating Procedures.The maximum period of probationaryfaculty service in nontenured statusin any academic rank or combinationof academic ranks specified in sub­division 6.21 shall not be more thanseven years of full-time academicservice at the general academic

6.23

No component institution may adopt or implementa seven-year term appointment policy except Theuniversity of Texas M.D. Anderson CancerCenter.6.21

6.22

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6.24

6.25

institutions of the System and notmore than nine years of fUll-timeacademic service at the health­related institutions of the System.In the event that a component insti­tution fails to specify the maximumlength of probationary service in itsHandbook of Operating Procedures,such period shall be seven years atthe general academic institutions ofthe System and nine years at thehealth-related institutions of theSystem. No later than August 31st ofthe penultimate academic year of themaximum probationary period in effectat any component institution, allnontenured faculty serving in a rankwhich accrues time toward satisfac­tion of a probationary period shallbe given notice that the subsQquentacademic year will be the terminalyear of employment or that beginningwith the SUbsequent academic yeartenure or d seven-year term appoint­ment will be granted. In the eventthat the employment of a nontenuredfaculty member in any academic rankspecified in Subdivision 6.21 is tobe terminated prior to the end of themaximum probationary period, noticeshall be given in accordance withSubsection 6.7 below.For purposes of calCUlating theperiod of probationary service, an"academic year" shall be the periodfrom September 1st through thefollowing August 31st. If a facultymember is initially appointed duringan academic year, the period of ser­vice from the date of appointmentuntil the following September 1stshall not be counted as academic ser­vice toward fUlfillment of the maxi­mum probationary period. One year ofprobationary service is accrued by atleast nine months full-time academicservice during any academic year. Afaculty member shall be considered tobe on full-time academic service whenin full compliance with Regentalstandards pertaining to minimum fac­ulty work loads at general academicinstitutions or when in compliancewith the academic service standard inthe HandbgQk of operating Proceduresof any health-related institution.All faculty appointments are SUbjectto the approval of the Board. Nonontenured member of the facultyshall expect continued employmentbeyond the period of his or her cur­rent appointment as approved by theBoard. Any commitment to employ anontenured member of the facultybeyond the period of his or her cur­rent appointment shall have no forceand effect until approved by theBoard.

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6.26 A person appointed to a faculty posi­tion with the title of Instructor,Assistant Professor, Associate Pro­fessor, or Professor or with thetitle of Technical Instructor, Assis­tant Master Technical Instructor,Associate Master Technical Instructoror Master Technical Instructor at acomponent institution of the Systemmay not, during the term of suchappointment, hold a tenured positionon the faculty of another educationalinstitution outside the System.6.261 Appointments within the

System to the above speci­fied titles shall be condi­tioned upon the appointeehaving resigned any tenuredposition that the appointeemay then hold on the facultyof an educational institu­tion outside the system.Such resignation must becompleted and effectiveprior to the effective dateof the appointment at theSystem component; otherwise,such appointment shall bevoid and of no effect.

6.262 The acceptance of anappointment to a tenuredposition on the faculty ofan educational institutionoutside the System shall beconsidered as a resignationof any faculty position withthe title of Instructor,Assistant Professor, Asso­ciate Professor, or Profes­sor or with the title ofTechnical Instructor, Assis­tant Master TechnicalInstructor, Associate MasterTechnical Instructor orMaster Technical Instructorthat such appointee may holdat a system component.

d. Section 6, Subsection 6.7 was amended to read asfollows:

6.7 In the event of decision not to reappoint a non­tenured faculty member in an academic rank spec­ified in Subdivision 6.21, written notice willbe given hiD or her not later than March 1st ofthe first academic year of probationary serviceif the appointment expires at the end of thatacademic year, or not later than December 15thof the second academic year of probationaryservice if the appointment expires at the endof that academic year. After two or moreacademic years written notice shall be givennot later than August 31st that the subsequentyear will be the terminal academic year ofappointment. The notice required by this Sec­tion is not applicable where termination ofemployment is for good cause under Section 6.3above.

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These amendments to the Reqents' Rules and Requ15tionaauthorize new academic titles for those faculty members atThe University of Texas at Brownsville who teach communitycollege courses in associate degree and occupationaltraining certification programs pursuant to the educa­tional partnership aqreement with TeXAe southmost Colleqe.Specifically, the changes authorize a tenure track titleof Technical Instructor (similar to the title of Instruc­tor for current general academic faCUlty) and allow forfaCUlty meabers in as.ociate degree and occupationalltechnical proqrams to hold tenure in titles of AssistantMaster Technical Instructor, Associate Master TechnicalInstructor, and Master Technical Instructor (comparableto Assistant Professor, Associate Professor, and Professortitles for general academic faculty).

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8.

FEB 11 1993

EXCERPT I'IlOJI TlIIi: MINUTES

U. T. Dallas: Establishment of an Internal Foundationfor the School of Management; Approval to Amend theReaents' Rules and Regulations, Part One. Chapter VII,Section 4, Subsection 4.3 (Internal Foundations) toInclude the Management School Foundation; and Estab­lishment of the Management SchoQl Foundation Adviso~

Council.--Upon recommendation of the Academic AffairsCommittee, the Board:

a. Approved the resolution set aut on Page ~establishing the Management School Founda­tion as an internal foundation to benefitthe School of Management at The Universityof Texas at Dallas in accordance with theRegents' Rules_and Regulations, Part one,Chapter VII, section 4, Subsection 4.3

b. Authorized the Executive secretary to theU. T. Board of Regents to add the Foundationto the list of approved internal foundationsset out in the Regents' Rules and Regulations,Part One, Chapter VII, Section 4, Subsec­tion 4.3, Subdivision 4.33 (Internal Founda­tions)

c. Established the Management School FoundationAdvisory Council pursuant to the Regents'Rules and Regulations, Part One, Chapter VII,Section 3, with the understanding that nomi­nees to the Management School Foundation Advi­sory Council will be submitted for approvalat a future meeting.

The U. T. Dallas Management School Foundation (Founda­tion) was incorporated in 1980 as a privately incorpo­rated nonprofit organization to SOlicit funds on behalfof the School of Management at u. T. Dallas. It isrecognized that an internal foundation will provideenhanced visibility for the department and fund raisingcapabilities while providing consistent internal controlover fund raising efforts. Mutual termination of theFoundation has been agreed to by the Foundation boardmembers and the U. T. Dallas Administration, and theFoundation will be dissolved with assets transferred toU. T. Dallas in early 1993.

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Resolution of the Board of Regentsof The University of Texas System

WHEREAS, There exists a clear and specific need for meansto finance the program of the School of Management of TheUniversity of Texas at Dallas, in addition to regular budget­ary provisions; and

WHEREAS, It is the desire of interested persons to setup the raeiIities to encourage and assist in such financing;

IT IS NOW RESOLVED, That the Board of Regents of TheUniversity of Texas System hereby establishes the ManagQmentSchool Foundation of The University of Texas at Dallas.

AND FURTHER, That the purpose of said Foundation shallbe to foster the understanding and development of programs ofthe School of Management of The University of Texas at Dallasand to encourage the making of gifts to the Foundation bydeed, grant, will or otherwise for any purpose appropriate tothe work of the Foundation.

AND FINALLY, That all donations to and assets of theFoundation shall be accepted and managed subject to the fol­lowing conditions:

1. The unrestricted funds of the Foundation shall bedevoted to the enriChment of the programs of the School atManagement of The University of Texas at Dallas and suchspecial funds as may be established from time to time andshall not be used for the ordinary operating expenses of theSchool of Management.

2. A donation to the Foundation may be made for aspecific purpose as specified by the donor or may be given asunrestricted funds. Gifts which meet or exceed the minimumrequirements of the Board of Regents may be presented foracceptance by the Board as permanently endowed funds for sup­port of the School of Management of The University of Texasat Dallas.

3. The Board of Regents shall hold, manage, control,sell, exchange, lease, convey, mortgage or otherwise encumber,invest or reinvest, and generally shall have the power todispose of in any manner and for any consideration and on anyterms the said gifts, funds, or property in their discretionand shall from time to time payout of the income, or if theincome be insufficient, out of the principal, all expenses ofthe trust and all expenditures incurred in furthering thepurposes of the trust.

4. Neither any donation to the Management School Foun­dation nor any fund or property arising therefrom in whateverform it may take shall ever be any part of the Permanent Uni­versity Fund nor shall the Legislature have power to be inany way authorized to change the purposes thereof or to divertsuch donation, fund or property from those designated purposes.

5. As in the case of other University funds, authoriza­tion for expenditure of all funds from the Foundation shall bevested in the Board of Regents and recommondations for suchexpenditures shall be made by the President through the Execu­tive Vice Chancellor for Academic Affairs to the Chancellorand by the Chancellor to the Board of Regents of The Univer­sity of Texas System.

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EXCERPT FROM THE MINUTES

DEC 03 1992

1. U. T. Board ot Regents - Reaents' Rules and Regulations.Part One: Amendments to Chapter I. Section 8. Subsec­tion 8.5, Subdivision 8.52 (Communications by and to theBoard) .--chairman Beecherl called on Vice Chancellor andGeneral Counsel Farabee to comment on the proposed amend­ments to the Regents' Rules and Regulations, Part One,Chapter I, section 8 relating to the requirements forthose who wish to appear before the Board.

Vice Chancellor Farabee reported that several months agoRegent Holmes requested The University of Texas SystemAdministration to study state agencies and systems ofhigher education both in the state of Texas and nation­ally to determine their practice related to public com­ment periods. Mr. Farabee noted that he undertook thatreview and found that city councils and school boardsfrequently have public comment periods and that somestate agencies, such as the Texas Department of HumanServices and Texas Department of Health, have set asidetime for public comments in their meetings. He pointedout that the Texas Department of Human Services limitedthese presentations to 3 - 5 minutes depending on thenumber of persons and time available and the TexasDepartment of Health limit was 5 - 10 minutes.

Mr. Farabee stated that he contacted several major uni­versity systems in the State of Texas (Texas A&M Univer­sity, University of Houston, Texas state University,Lamar University, University of North Texas, and TexasTech) as well as several of the larger state universitysystems in the United states (University of California,University of Wisconsin, University of North Carolina,and State University Of New York) and was informed thatnone of those systems had pUblic comment times specifi­cally set aside at their Board meetings. He emphasizedthat Texas Southern University has a comment period offifteen minutes at the end of each of its Board meetingsbut limited it to members of the university family, i.e.,students and faculty.

It ~as pointed out by Mr. Farabee that the proposedamendments before the Board are intended to clarify theprocedures for public presentations or comments uponmatters on the agenda for consideration by the Board andmake the request procedures more flexible by allowingrequests to speak to be made six days before the meetingrather than ten days in advance as currently required.In addition, he noted that the proposed amendmentsrequire the potential speaker to identify the SUbjectof his/her remarks, which must be directly related toa matter on the Board's agenda, recite the well estab­lished authority of the Board to regulate the time,place and manner of speech, and authorize potential sanc­tions for speakers violating the time, place or mannerregulations.

Mr. Farabee emphasized that the proposed amendments donot, in any way, diminish the authority of the chdirmanto grant permission for speakers to appear before theBoard without adhering to the requirements or the abilityof other members of the Board to request through theChairman that an individual be permitted to appear beforethe Board.

: ;'".

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f."!··9":"""t," ''':''''-- ~""'=", : 14 ... 4.. -*'-'-.~ ./ < ;:,><; -~.,."'~;.:.:; .....:-.-.>;... ,.~-~:." ':": .>"?" {

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In accordance therewith, the Board amended the Regents'Rules and Regulations, Part one, Chapter I, Section 8,Subsection 8.5, SUbdivision 8.52 regarding communicationsby and to the Board to read as set forth below:

8.5 Communications by and to the Board.

8.52 Except upon invitation of the Board, theChairman of the Board, the Chancellor, orthe appropriate Executive Vice Chancellor,no person shall appear before the Board orany committee thereof unless that personfiles with the Executive Secretary to theBoard a written request explaining thepurpose of such appearance at least sixdays before the date of such appearanceand unless the Chairman of the Board, or amajority of the whole Board, shall approvethe request. It is understood, however,that the chief administrative officer, orhis or her delegate, and/or the presidentof the stUdents' association, or his orher delegate, may appear without priornotice or request before the Board or anycommittee whenever the matter under con­sideration directly affects the componentinstitution represented by such person.Persons requesting to appear must identifythe SUbject of their remarks. Which mustbe directly related to a matter on theAgenda for consideration by the Board.Whenever time and other circumstances per­mit, the person making the request shallfirst consult with the chief administra­tive officer, or his or her delegate, ofsuch institution regarding the purpose ofthe appearance prior to the meeting of theBoard or committee. Insofar as possible,any person who appears before the Boardshall provide a written statement of thesubstance of such person's presentation tothe Board, and such written statementshall be delivered to the Executive Secre­tary to the Board in sufficient time forcopies to be distributed to the Regentsprior to the meeting. Any person appear­ing before the Board or a committee shallbe subject to restrictions on time, placeand manner as may be prescribed by theChairman or a majority of the Board or bythe Chairman or a majority of a committee.The Chairman or a majority of the Boardmay prescribe sanctions against any personexceeding established time, place or man­ner limits; disrupting a meeting of theBoard or a committee of the Board; or vio­lating any provision of the Regents' Rules~d RegUlations. Sanctions may includethe refusal to allow such person to speakagain to the Board or committees of theBoard for up to one year.

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DEC 03 1992

EXCERPT FROM THE MINUTES

U. T. Board of Regents - Regents' Rules and Regulations,Part One: Approval of Amendments to Chapter II. Sec­tion 4 (Executiye Vice Chancellor for Academic Affairs)gnd Section 13 (Chief Administrative Officers of Compo­nent Institutions).--Approval was given to amend theRegents' Rules and Regulations, Part one, Chapter II,Section 4 regarding the Executive Vice Chancellor forAcademic Affairs and section 13 regarding chief adminis­trative officers of component institutions as follows:

a. Subsection 4.2 of section 4 was amended to read asset forth below:

4.2 Duties and Responsibilities.Tha Executive Vice Chancellor for AcademicAffairs shall have as a prime responsibilitythe maintenance of high academic quality inthe general academic components of the System.Through the chief administrative officers ofthe component institutions, he or she shallhave responsibility for the budgets, academicplanning and programs, facilities planning andconstruction, and personnel (both academic andnonacademic) of those components. In consulta­tion with the Chancellor, the Executive ViceChancellor for Academic Affairs shall preparerecommendations and supporting information onsuch matters for consideration by the appropri­ate standing committees of the Board and theBoard of Regents. The Board through its poli­cies, procedures, and Rules and Regulationsmaintains its governance responsibilities andacknowledges the importance of maintainingaccreditation for the general components andacademic programs, as appropriate. Because ofthe complexity and diversity of the system, theExecutive Vice Chancellor for Academic Affairsis delegated the responsibility for ensuringthe governance requirements for accreditationnot specifically covered elsewhere in thesepolicies, procedures, and Rules and Regulationsare met. The Executive Vice Chancellor forAcademic Affairs will report the accreditationstatus to the Board on a periodic basis.

b. Subsection 13.31(12) of Section 13 was amended toread as follows:

13.31(12) Develop and implement plans and policiesto ensure that the institution remains incompliance with any accreditation require­ments appropriate to the component or itsprograms, including, for the health com­ponents and those academic componentswith student health services, the accredi­tation of h06pitals, clinics and patient­care facilities.

These amendments to the Regents' Rules and RegUlationsare to clearly detail the responsibility delegated to theExecutive Vice Chancellor for Academic Affairs and to theChief administrative officers for ensuring appropriateaccreditation requirements are met.

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