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RESOLUTIONS
ADOPTED BY THE BOARD OF VISITORS
TENTATIVE
MINUTES SUBJECT
TO THE APPROVAL
OF THE
BOARD
OF VISITORS
October
5-6, 2000
The
Board of Visitors of the University of Virginia met, in Open Session,
at 10:10 a.m., Thursday, October 5, 2000, in the Board Room of the
Rotunda; John P. Ackerly, III, Rector, presided. Charles M. Caravati,
Jr., M.D., William G. Crutchfield, Jr., Charles L. Glazer, William
H. Goodwin, Jr., T. Keister Greer, Gordon F. Rainey, Jr., Timothy
B. Robertson, Terence P. Ross, Ms. Elizabeth A. Twohy, Walter F.
Walker, James C. Wheat, III, Joseph E. Wolfe, and Stephen S. Phelan,
Jr., were present.
Present
as well were John T. Casteen, III, Leonard W. Sandridge, Alexander
G. Gilliam, Jr., Paul J. Forch, Robert W. Cantrell, M.D., Ms. Colette
Sheehy, Ernest H. Ern, Robert D. Sweeney, Robert E. Reynolds, M.D.,
Gene D. Block, L. Jay Lemons, and Ms. Jeanne Flippo Bailes.
The
Rector asked for approval of the Minutes of the Board meetings of
June 16 and 17, July 14 and 15, and October 2; on motion, approval
was given.
The
Rector informed the Board of the annual requirement of the Atlantic
Coast Conference that he certify that the Board understands that
"responsibility for the administration of the athletics program
has been delegated to" the President; that the President "has
the mandate and support of the Board to operate a program of integrity
in full compliance with NCAA, ACC and all other relevant rules and
regulations;" and the President, "in consultation with
the Faculty Representative and the Director of Athletics, determines
how the institutional vote shall be cast on issues of athletic policy
presented to the NCAA and the ACC." He advised the Board that
he was signing the certification that day.
After
discussion, the dates of the June 2001, meeting of the Board were
changed from June 8th and 9th to June 15th and 16th.
The
Rector asked the President to give his customary report. For the
first item of his report, the President deferred to Mr. Sandridge,
the Executive Vice President and Chief Operating Officer. Mr. Sandridge
announced that the University’s bond rating by Moody’s
has just been raised to Aaa.
The
President resumed his report with comments on recent national rankings
of the University. He noted that for the first time since the State
budget cuts of the early ‘90’s, the University stands
among the top twenty institutions in the country in the U.S.
News and World Report ratings.
The
President announced that in response to an initiative by the Student
Council and its President, Mr. Bilby, it has been arranged to open
the Clemons Library 24 hours a day. After reporting on the searches
in progress (Chancellor of The University of Virginia’s College
at Wise, Vice President and Provost, Dean of the School of Law,
etc.), the President reported on gifts made to the University between
May 1, 2000, and July 31, 2000. Gifts and grants for the fiscal
year which ended June 30, 2000, amounted to $195.3 million, an increase
of $63.1 million over the previous fiscal year. He mentioned a number
of individual gifts of interest.
The
meeting of the full Board was recessed at 10:35 a.m., for a meeting
of the Finance Committee.
The
full Board resumed its meeting at 12:05 p.m., with Mrs. Elsie Goodwyn
Holland and Mr. Benjamin P.A. Warthen present in addition to the
Members listed above.
The
Board approved the following motions to enable it to meet in Executive
Session in accordance with the terms of the Virginia Freedom of
Information Act:
That
the Board of Visitors of the University of Virginia go into Executive
Session to be advised by General Counsel on pending litigation filed
against the University and accompanying litigation risks, as well
as to be similarly advised on any threatened litigation or other
legal matter that may develop in the course of the Board’s
discussions requiring his legal advice and counsel, including his
legal advice with respect to student disciplinary procedures, as
provided for in Section 2.1-344 (A) (7) of the Code of Virginia.
That
the Board of Visitors of the University of Virginia go into Executive
Session to review the performance and present and future assignments
of senior University administrators, as provided for in Section
2.1-344 (A)(1) of the Code of Virginia.
That
the Board of Visitors of the University of Virginia go into Executive
Session to discuss with General Counsel and consider acquisition
of and investment
in certain buildings and real property located in
Charlottesville, where if made public initially the University’s
bargaining position and financial interests would be adversely implicated,
as authorized by Section 2.1-344 (A) 3,6, and 7, of the Code
of Virginia.
That
the Educational Policy Committee of the Board of Visitors go into
Executive Session for the purpose of discussing personnel matters
pertaining to the appointment, assignment, reappointment, promotion,
performance, compensation, discipline, separation and resignation
of specific faculty members of the University of Virginia, as provided
for in Section 2.1-344 (A) (1) of the Code of Virginia.
That
the Audit Committee of the Board of Visitors of the University of
Virginia go into Executive Session to discuss and consider with
General Counsel the recommendations and reports of the University
Auditor and Compliance Officer with respect to the Auditor’s
recently completed performance evaluations of University departments
and programs, where personnel performance of identifiable employees
and proprietary business data of the Medical Center will be included,
as well as requiring an assessment of potential liability, as provided
for in Section 2.1-344 (A) (1) (7), (8) and (23) of the Code
of Virginia.
That
the Health Affairs Committee of the Board of Visitors of the University
of Virginia go into Executive Session to discuss the performance
and appointment of specific public officers, appointees and employees
of the University of Virginia Medical Center; to discuss and be
advised on negotiations regarding the Medical Center’s provider
service contracts and reimbursement for clinical services, and on
amending and implementing its Clinical Information Systems Contract.
The discussion of these matters will involve proprietary business-related
data of the Medical Center and its strategic computer systems information
and, if made public initially, the competitive position and financial
interests of the Medical Center would be adversely implicated. These
items are provided for in Section 2.1-344(A)(1), (7), (8) and (23)
of the Code of Virginia.
The
Board went into Executive Session at 12:10 p.m., recessed for lunch
at 1:00 p.m., resumed at 1:45 p.m., and recessed once again at 4:05
p.m.
The
full Board resumed its meeting, in Open Session, at 4:10 p.m., in
the Dome Room of the Rotunda. The Rector, Ms. Twohy and Messrs.
Glazer, Crutchfield, Caravati, Greer, Rainey, Robertson, Wheat,
and Wolfe were present.
The
following resolutions were adopted:
ESTABLISHMENT
OF THE JOSEPH WEINTRAUB BANK OF
AMERICA
PROFESSORSHIP IN LAW
WHEREAS,
Joseph Weintraub, a native of Georgia, attended the College and
the School of Law; and
WHEREAS,
Mr. Weintraub moved to Florida in 1926 and established a law practice
in Miami, later founding the American Title Insurance Company, the
Pan American Bank, Inc., and the Intercontinental Bank; and
WHEREAS,
the Pan American Bank and the Intercontinental Bank were merged
into NationsBank Corporation which in turn became part of the Bank
of America Corporation; and
WHEREAS,
Mr. Weintraub created the Joseph Weintraub Family Foundation, Inc.
in 1949; and
WHEREAS,
Mr. Weintraub died in 1987; and
WHEREAS,
Mr. Weintraub’s son, Michael Weintraub, an alumnus of the College
and of the Law School, is now Chairman of the Joseph Weintraub Family
Foundation; and
WHEREAS,
the Foundation, with a significant gift from the Bank of America
Corporation, has made a gift to establish a professorship in Joseph
Weintraub’s memory;
RESOLVED
that the Board of Visitors establishes the Joseph Weintraub —
Bank of America Professorship in Law, to be held in the School of
Law, and expresses its great appreciation to the Weintraub family,
the Weintraub Family Foundation, and the Bank of America Corporation
for their generosity.
ESTABLISHMENT
OF THE TERESA HEINZ PROFESSORSHIP IN SUSTAINABLE COMMUNITIES IN
THE SCHOOL OF ARCHITECTURE
WHEREAS,
Teresa Heinz is one of the most important environmental leaders
in the United States; and
WHEREAS,
Mrs. Heinz, as chair of the Heinz Family Philanthropies and the
Howard Heinz Endowment, has helped develop strategies to protect
the environment; and
WHEREAS,
under Mrs. Heinz’s leadership, one of the established goals
of the Heinz Endowments is to promote the design of urban environments
in ways that advance sustainable communities; and
WHEREAS,
the Vira I. Heinz Endowment has made a generous gift to the School
of Architecture to establish a professorship; and
WHEREAS,
the Saunders family, through the Saunders Professors Fund, has matched
the gift of the Heinz Endowment;
RESOLVED
that the Board of Visitors establishes the Teresa Heinz Professorship
in Sustainable Communities, to be held in the School of Architecture,
and expresses its appreciation to the Vera I. Heinz Endowment and
the Saunders family for their generosity.
ESTABLISHMENT
OF THE EDMUND H. HENDERSON PROFESSORSHIP IN EDUCATION
WHEREAS,
Edmund H. Henderson of Easton, Maryland, took a B.A. from the College
in 1950; and
WHEREAS,
Mr. Henderson directed the McGuffey Reading Center at the Curry
School from 1969 until his death in 1989; and
WHEREAS,
much of the Center’s success can be attributed to Mr. Henderson’s
work; and
WHEREAS,
Achsah Easter Henderson, Mr. Henderson’s widow, has made a
generous gift to the Curry School to establish a chair in her husband’s
memory; and
WHEREAS,
Mrs. Henderson’s gift has been matched by the Saunders Professors
Fund
RESOLVED
that the Board of Visitors establishes the Edmund H. Henderson Professorship
in Education, to be held in the Curry School, honors Mr. Henderson’s
memory and expresses its appreciation to Mrs. Henderson and to the
Saunders family for their generosity.
ESTABLISHMENT OF THE NOVARTIS US FOUNDATION PROFESSORSHIP IN
THE CURRY SCHOOL OF EDUCATION
WHEREAS,
the Novartis US Foundation, created by the Novartis Corporation,
has a particular interest in supporting new and innovative efforts
in education; and
WHEREAS,
the Novartis US Foundation has made a generous gift to the Curry
School to establish a professorship and to help establish the Center
for Young Children, Families and Risk; and
WHEREAS,
the Saunders family, through the Saunders Professors Fund, and other
friends of the Curry School also have contributed to the proposed
professorship;
RESOLVED
that the Board of Visitors establishes the Novartis US Foundation
Professorship, to be held in the Curry School of Education, and
thanks the Novartis US Foundation, the Saunders family and other
friends of the Curry School who have made the professorship possible.
ESTABLISHMENT OF THE THOMAS A. SAUNDERS, III,FAMILY
PROFESSORSHIP IN NURSING
WHEREAS,
Theresa A. Thomas died in Hanover County in 1972; and
WHEREAS,
her husband, George Thomas, soon after Mrs. Thomas’ death established
the Theresa A. Thomas Memorial Foundation; and
WHEREAS,
the Theresa A. Thomas Memorial Foundation has made a generous gift
to the School of Nursing for a professorship; and
WHEREAS,
the Saunders family, through the Saunders Professors Fund, has matched
the Foundation’s gift in order that the professorship might
be established; and
WHEREAS,
it is the wish of the Foundation that the professorship be named
to honor the generosity of the Saunders family;
RESOLVED
that the Board of Visitors establishes the Thomas A. Saunders, III
Family Professorship in Nursing, to be held in the School of Nursing,
and expresses its gratitude to the Theresa A. Thomas Memorial Foundation
and the Saunders family for making this professorship possible.
ESTABLISHMENT
OF THE MADELINE HIGGINBOTHAM SLY PROFESSORSHIP IN NURSING
WHEREAS,
Madeline Higginbotham Sly took a B.S. in Nursing from the University
in 1966 and her husband, Donald, an M.D. in 1961; and
WHEREAS,
Dr. and Mrs. Sly, throughout their professional careers, have maintained
a commitment to education and patient care, as well as close ties
to the University; and
WHEREAS,
Dr. and Mrs. Sly have made a generous gift to the School of Nursing
for a professorship, and have created a living trust to provide
scholarships for medical and nursing students; and
WHEREAS,
the Saunders family, through the Saunders Professors Fund, has made
a matching gift for the professorship;
RESOLVED
that the Board of Visitors establishes the Madeline Higginbotham
Sly Professorship in Nursing, to be held in the School of Nursing,
and expresses its appreciation to Dr. and Mrs. Sly and to the Saunders
family for their generosity.
The
Board recessed at 4:40 p.m.
The
Board resumed in Executive Session at 8:30 a.m., Friday, October
6th, in the Board Room of the Rotunda. All Members were
present save Messrs. Bliley and Goodwin. The meeting lasted until
9:55 a.m.
After
hearing a report from Mrs. Holland on the forthcoming session for
Members of Boards of Visitors of state institutions, organized by
the State Council for Higher Education in Virginia, the Board recessed
at 10:05 a.m., for Committee meetings.
The
full Board resumed its meeting at 4:00 p.m., Friday, October 6th,
in the Board Room of the Rotunda. All Members were present save
Mr. Goodwin.
APPROVAL
OF REVISIONS TO THE PERMANENT UNIVERSITY IMPLEMENTING PROCEDURES
FOR MEDICAL CENTER PROCUREMENTS
The
following resolution was adopted:
RESOLVED
that the Permanent University Implementing Procedures for Medical
Center Procurements are revised (see Attachment) to correct outdated
titles and terminology, increase the threshold for small procurements
and sole-source justifications from $30,000 to $50,000, and provide
for emergency procurement authority.
CONFLICT
OF INTEREST EXEMPTION: GENEURON THERAPEUTICS,
INC.
The
following resolution was adopted:
WHEREAS,
the School of Medicine wishes to enter into sponsored research contracts
with GeNeuron, Inc., for developing biologically enhanced devices
for treatment of neurovascular disease; and
WHEREAS,
Gerald R. Hankins, Ph.D., Gregory A. Helm, M.D., David F. Kallmes,
M.D., have disclosed in advance their equity interests of 23.3,
24.2, 23.8, percent, respectively, in GeNeuron Therapeutics, Inc.,
and
WHEREAS,
the University’s entry into research agreements with GeNeuron
Therapeutics, Inc., would thereby expose Mr. Hankins, Dr. Helm,
and Dr. Kallmes to violation of the Virginia Conflicts of Interest
Act unless approved by the Board as permitted by §2.1-639.6(c)
(7) of the Code of Virginia;
RESOLVED
that the conflict of interest of Gerald R. Hankins, Ph.D., Gregory
A. Helm, M.D., and David F. Kallmes, M.D., is approved by the Board
of Visitors in order to permit the University to enter into agreements
with GeNeuron, Inc., for research funding for the development of
biologically enhanced devices for treatment of neurovascular disease;
provided, as required by the law, Mr. Hankins, Dr. Helm, and Dr.
Kallmes file the required annual disclosure statement of personal
interests in GeNeuron Therapeutics, Inc., the University files the
required annual report concerning the contracts with the Secretary
of the Commonwealth, and the Associate Dean for Research vigilantly
oversees application of University resources in the best interests
of the University and in accordance with policy.
CONFLICT
OF INTEREST EXEMPTION: RESPIRATORY RESEARCH,
INC.
The
following resolution was adopted:
WHEREAS,
the School of Medicine wishes to enter into a contract with Respiratory
Research, Inc., to purchase a device to assist researchers in the
development of technology and medications for the treatment of asthma
and tuberculosis; and
WHEREAS,
Benjamin Gaston, M.D., and John Hunt, M.D., have disclosed in advance
their equity interests of 9.4 and 43.4 percent, respectively, in
Respiratory Research, Inc.; and
WHEREAS,
the University’s entry into a contract
with
Respiratory Research, Inc., would thereby expose Drs. Gaston and
Hunt to violation of the Virginia Conflicts of Interest Act unless
approved by the Board as permitted by §2.1-639.6(c) (7) of
the Code of Virginia;
RESOLVED
that the conflict of interest of Benjamin Gaston, M.D., and John
Hunt, M.D., is approved by the Board
of
Visitors in order to permit the University to enter an agreement
with Respiratory Research, Inc., to purchase a device to be used
for the development of technology for the treatment of asthma; provided,
as required by the Virginia Conflict of Interests Act, the faculty
file the required annual disclosure statement of personal interests
in Respiratory Research, Inc., the University files the required
annual report concerning the contact with the Secretary of the Commonwealth,
and the relevant department chair vigilantly oversees application
of University resources in the best interests of the University
and in accordance with policy.
CONFLICT
OF INTEREST EXEMPTION: APACHE MEDICAL SYSTEMS
The following resolution was adopted:
WHEREAS,
the School of Medicine wishes to enter into a sponsored research
contract with Apache Medical Systems, Inc., for activities that
would assist in the development and validation of statistical and
mathematical decision support models for cardiovascular diseases,
HIV, cancer, and women’s health issues; and
WHEREAS, William A. Knaus, M.D., has disclosed in advance his equity
interests of 5.8 percent, in Apache Medical Systems Inc.; and
WHEREAS,
the University’s entry into a research agreement with Apache
Medical Systems, Inc., would thereby expose Dr. Knaus to violation
of the Conflicts of Interest Act unless approved by the Board as
permitted by §2.1-639.6(c) (7) of the Code of Virginia;
RESOLVED that the conflict of interest of William A. Knaus, M.D.,
is approved by the Board of Visitors in order to permit the University
to enter into an agreement with Apache Medical Systems, Inc., for
activities that would assist in the development and validation of
statistical and mathematical decision support models for cardiovascular
diseases, HIV, cancer and women’s health issues; provided,
as required by the Virginia Conflict of Interests Act, Dr. Knaus,
files the required annual disclosure statement of personal interests
in Apache Medical Systems, Inc., the University files the required
annual report concerning the contract with the Secretary of the
Commonwealth, and the Associate Dean for Research vigilantly oversees
the application of University
resources
in the best interests of the University and in accordance with policy.
APPROVAL
OF THE BOARD OF VISITORS REPRESENTATIVES TO
THE GOVERNING BOARDS OF UNIVERSITY-RELATED FOUNDATIONS
The
following resolution was adopted:
RESOLVED
that the following persons be approved as representatives of the
Board of Visitors to the governing boards of the following University-Related
Foundations:
Alumni
Association of the University
of Virginia
Gordon F. Rainey, Jr.
Alumni
Board of Trustees of the University
of Virginia Endowment Fund
Robert V. Hatcher, Jr.
University
of Virginia College Foundation
Timothy B. Robertson
University
of Virginia’s College at Wise
Foundation
Joseph E. Wolfe
University
of Virginia Curry School of
Education Foundation, Inc.
Hovey S. Dabney
University
of Virginia Darden School Foundation
Lemuel E. Lewis
Foundation
of the State Arboretum Blandy
Experimental Farm
Rebecca D. Kneedler
Healthcare
Partners, Inc.
Charles M. Caravati, Jr.
University
of Virginia Health Services
Foundation
Harry J.G. van Beek
Historic
Renovation Corporation
David W. Carr
University
of Virginia Law School Alumni
Association and Foundation
Mortimer M. Caplin
University
of Virginia McIntire School
of Commerce Foundation
Elizabeth A. Twohy
University
of Virginia Medical School Alumni
Association and Foundation
Charles M. Caravati, Jr.
Miller
Center Foundation of the University
of Virginia
John P. Ackerly, III
University
of Virginia Patent Foundation
Timothy B. Robertson
University
of Virginia Foundation and
University Real Estate Foundation
John P. Ackerly, III
University
of Virginia Host Properties,
Inc.
Robert G. Butcher, Jr.
University
Tax Foundation, Inc.
Joseph E. Gibson
Virginia
Ambulatory Surgery, Inc. R.
Scott Jones
Virginia
Engineering Foundation, Inc.
James E. Ryan, Jr.
Virginia
Student Aid Foundation
M. Terry Holland
Virginia
Urologic Foundation
William D. Steers
APPROVAL
OF ARCHITECT SELECTION FOR THE EMMET STREET PEDESTRIAN BRIDGE PROJECT
The
following resolution was adopted:
RESOLVED
that Ayers/Saint/Gross, Inc., of Baltimore, Maryland, is approved
for the performance of architectural and engineering services for
the Emmet Street Pedestrian Bridge project.
APPROVAL
OF ENGINEER SELECTION FOR THE DAVIS ELECTRICAL VAULT PROJECT
The
following resolution was adopted:
RESOLVED
that RMF Engineering, Inc., of
Baltimore,
Maryland, is approved for the performance of architectural and engineering
services for the Davis Electrical Vault project.
APPROVAL
OF ARCHITECTURAL DESIGN GUIDELINES FOR STUDIO ART BUILDING PROJECT
The
following resolution was adopted:
RESOLVED
that the architectural design
guidelines,
dated September 20, 2000, prepared by the Architect for the University,
for the Studio Art Building project, are approved; and
RESOLVED
FURTHER that the project will be presented for further review at
the schematic design level of development.
APPROVAL
OF PERMANENT EASEMENT FOR VIRGINIA ELECTRIC
AND POWER COMPANY ACROSS UNIVERSITY OF VIRGINIA PROPERTY LOCATED
AT THE LAMBETH FIELD RESIDENCE AREA
The
following resolution was adopted:
RESOLVED
that the granting of a permanent easement, dated September 20, 2000,
to Virginia Electric and Power Company for an
underground electric line serving 35 University Circle, across property
owned by The Rector and Visitors of the University of Virginia,
is approved; and
RESOLVED
FURTHER that appropriate officers of the
University are authorized to execute said dedication and easement.
APPROVAL
OF PERMANENT EASEMENT FOR VIRGINIA ELECTRIC
AND POWER COMPANY ACROSS UNIVERSITY OF VIRGINIA PROPERTY LOCATED
ON MONROE LANE
The
following resolution was adopted:
RESOLVED
that the granting of a permanent easement, dated September 20, 2000,
to Virginia Electric and Power Company for an electric line located
on the west side of Monroe Lane, across property owned by The Rector
and Visitors of the University of Virginia, is approved; and
RESOLVED
FURTHER that appropriate officers of the University are authorized
to execute said dedication and easement.
APPROVAL
OF BOND ISSUANCE FOR MONROE LANE RESIDENCE HALL
The
following resolution was adopted:
WHEREAS,
the General Assembly of Virginia passed an act entitled "Commonwealth
of Virginia Higher Educational Institutions Bond Act of 2000" (the
"2000 Act") which has been or is expected to be signed by the Governor;
and
WHEREAS,
the 2000 Act may be repealed but the Project, as defined below,
continues as an authorized project for bond financing through subsequent
legislation (the 2000 Act and any such subsequent legislation, the
"Act"); and
WHEREAS,
pursuant to the Act, the Treasury Board of the Commonwealth of Virginia
(the "Treasury Board") is authorized, by and with the consent of
the Governor, to sell and issue bonds or bond anticipation notes
of the Commonwealth of Virginia for the purpose of providing funds,
with other available
funds, for paying the cost of acquiring, constructing, renovating,
enlarging, improving and equipping certain revenue-producing capital
projects at certain institutions of higher learning of the Commonwealth
and for paying issuance costs, reserve funds and other financing
expenses (the "Financing Expenses"), all in accordance with the
provisions of Section 9(c) of Article X of the Constitution of Virginia;
and
WHEREAS,
such revenue-producing capital projects include the Monroe Lane
Student Residence Hall, Capital Outlay Project Number 16385 (the
"Project") for the University of Virginia (the "Institution");
and
WHEREAS,
the Treasury Board is proposing to sell and issue bonds or bond
anticipation notes pursuant to the Act for such revenue-producing
capital projects, in one or more series;
RESOLVED
that:
Section
1. The Board of Visitors of the Institution (the "Board") requests
the Treasury Board to sell and issue bonds or bond anticipation
notes ("BAN's") in an aggregate principal amount not to exceed $4,800,000
to finance all or a portion of the costs of the Project plus Financing
Expenses (individually, the "Project Bonds" or "Project Notes,"
collectively, the "Project Borrowing"). The Project Borrowing will
be identified by amount by the State Treasurer upon issuance of
any bonds or BAN's.
Section
2. The Board (a) covenants to fix, revise, charge and collect a
housing fee and other rates, fees and charges, for or in connection
with the use, occupation and services of the Project and (b) pledges
such rates, fees and charges remaining after payment of (i) the
expenses of operating the Project and (ii) the expenses related
to all other activities funded by the housing fee ("Net Revenues")
to the payment of the principal of, premium, if any, and interest
on the Project Borrowing. The Board further covenants that it will
fix, revise, charge and collect such rates, fees and charges in
such amounts so that Net Revenues will at all times be sufficient
to pay, when due, the principal of, premium, if any, and interest
on the Project Borrowing and on any other obligations secured by
Net Revenues (such payments collectively
the "Required Payments"). The Project Borrowing shall be secured
on a parity with such other obligations so secured by Net Revenues
(other than any obligations secured by a prior right in Net Revenues).
Any Net Revenues pledged herein in excess of the Required Payments
may be used by the Institution for any other lawful purpose.
Section
3. It is hereby found, determined and declared that, based upon
responsible engineering and economic estimates and advice of appropriate
officials of the Institution, as shown on the Financial Feasibility
Study, the anticipated Net Revenues pledged herein will be sufficient
to pay the Required Payments so long as the aggregate amount of
net debt service on the Project Borrowing actually payable in any
bond year does not exceed the amounts assumed in the Financial Feasibility
Study.
Section
4. The Board covenants that the Institution will furnish the Treasury
Board its general purpose financial statements, within 30 days of
their issuance and receipt, audited by a firm of certified public
accountants or the Auditor of Public Accounts which shall include
a schedule of revenues and expenditures for auxiliary enterprise
systems. If Net Revenues are insufficient to pay Required Payments
during such period, the Institution shall provide evidence of a
plan to generate Net Revenues sufficient to make Required Payments
in the future.
Section
5. The Board covenants that so long as any of the Project Notes
are outstanding, the Institution will pay to the State Treasurer,
not less than 30 days before each interest payment date, an amount
estimated by the State Treasurer to be due and payable on such date
as interest on the Project Notes. The Board covenants that so long
as any of the Project Bonds are outstanding, the Institution will
pay to the State Treasurer, not less than 30 days before each interest
or principal payment date, the amount certified by the State Treasurer
to be due and payable on such date as principal of, premium, if
any, and interest on the Project Bonds.
Section
6. The Board hereby approves and authorizes its Executive Vice President
and Chief Operating Officer (officer) to execute and deliver on
behalf of the Institution the Payment Agreement, to be completed
with such changes as the officer
of the Institution executing such Payment Agreement determines to
be appropriate and in the best interest of the Institution.
Section
7. The Board covenants that the Institution will pay from time to
time its proportionate share of all expenses incurred in connection
with the sale and issuance of any series of bonds that includes
Project Bonds or Project Notes and all expenses thereafter incurred
in connection with the Bonds, including without limitation the expense
of calculating any rebate to the United States of the earnings derived
from the investment of gross proceeds of the Bonds, all as certified
by the State Treasurer to the Institution.
Section
8. The Board covenants that the Institution will not take or omit
to take any action the taking or omission of which will cause the
Bonds to be "arbitrage bonds" within the meaning of Section 148
of the Internal Revenue Code of 1986, as amended, including regulations
issued pursuant thereto (the "Code"), or otherwise cause interest
on the Bonds to be includable in the gross income of the owners
thereof for federal income tax purposes under existing laws. Without
limiting the generality of the foregoing, the Institution will pay
from time to time its proportional share of any rebate to the United
States of the earnings derived from the investment of the gross
proceeds of the Bonds.
Section
9. The Board covenants that the Institution will proceed with due
diligence to undertake and complete the Project and that the Institution
will spend all of the available proceeds derived from the sale of
the Project Borrowing for costs associated with the Project and
appropriated for the Project by the General Assembly.
Section
10. The Board covenants that the Institution will not permit the
proceeds of the Project Borrowing to be used in any manner that
would result in (a) 5 percent or more of such proceeds being used
in a trade or business carried on by any person other than a governmental
unit, as provided in Section 141(b) of the Code, (b) 5 percent or
more of such proceeds being used with respect to any output facility
within the meaning of Section 141(b)(4) of the Code, or (c) 5 percent
or more of such proceeds being used directly or indirectly to make
or finance loans to any persons other than a governmental unit,
as
provided in Section 141(c) of the Code. The Institution need not
comply with such covenants if the Institution obtains the written
approval of the State Treasurer and an opinion of nationally recognized
bond counsel acceptable to the Treasury Board that such covenants
need not be complied with to prevent the interest on the Bonds from
being includable in the gross income of the owners thereof for federal
income tax purposes.
Section
11. The Board covenants that for so long as any of the Bonds are
outstanding the Institution will not enter into any operating lease,
management contract or similar agreement with any person or entity,
other than a state or local governmental unit, for all or any portion
of the Project without first obtaining the written approval of the
State
Treasurer
and an opinion of nationally recognized bond counsel acceptable
to the Treasury Board that entering into such agreement will not
cause the interest on the Bonds to be included in the gross income
of the owners thereof for federal income tax purposes.
Section
12. The Board covenants that for so long as any of the Bonds are
outstanding, the Institution will not sell or dispose of any or
any part of the Project without first obtaining the written approval
of the State Treasurer and an opinion of nationally recognized bond
counsel acceptable to the Treasury Board that such sale or disposition
will not cause interest on the Bonds to be included in the gross
income of the owners thereof for federal income tax purposes.
Section
13. The officers of the Institution are authorized and directed
to execute and deliver all certificates and instruments and to take
all such further action as may be considered necessary or desirable
in connection with the sale and issuance of the Bonds.
Section
14. The Board acknowledges that the Treasury Board will rely on
the representations and covenants set forth herein in issuing the
Bonds, that such covenants are critical to the security for the
Bonds and the exclusion of the interest on the Bonds from the gross
income of the owners thereof for federal income tax purposes, that
the Board will not repeal, revoke, rescind or amend any of such
covenants without first obtaining the written approval of the Treasury
Board, and that such covenants will be binding upon the Board so
long as any of the Bonds are outstanding.
Section
15. This resolution shall take effect immediately.
APPROVAL
OF INSTITUTIONAL PERFORMANCE AGREEMENT
The
following resolution was adopted:
WHEREAS,
item 131 of the 2000 Appropriation Act requires the Secretary of
Education to recommend to the Chairmen of the Senate Finance Committee
and House Appropriations Committee those institutions that are ready
to proceed with an institutional performance agreement (IPA) by
December 1, 2000; and
WHEREAS,
in order to facilitate his recommendation on July 27, 2000, the
Secretary of Education asked the University to develop an IPA; and
WHEREAS,
the University has developed an IPA according to the guidance provided
by the Secretary of Education;
RESOLVED
that the IPA is approved subject to further modifications during
the negotiation process with the Secretary of Education;
RESOLVED
FURTHER that the President and the Executive Vice President and
Chief Operating Officer are hereby authorized to amend the IPA during
the negotiation process in consultation with the members of the
Board of Visitors who also were members of the Governor’s Blue
Ribbon Commission on Higher Education.
REPORT
ON ACTIONS OF THE EXECUTIVE COMMITTEE
Mr.
Sandridge reported on the following actions taken by the Executive
Committee on July 14, 2000, and September 7, 2000:
1.
APPROVAL OF ARCHITECT SELECTION FOR THE STUDIO
ART BUILDING
(Adopted
July 14, 2000)
RESOLVED
that Machado & Silvetti Associates, Inc. of Boston, Massachusetts,
is approved for the performance of architectural and engineering
services for the Studio Art Building.
5894
2.
APPROVAL OF UNIVERSITY OF VIRGINIA MEDICAL
CENTER LEGISLATIVE PROPOSALS
(Adopted
July 14, 2000)
WHEREAS,
the Executive Committee of the Board of Visitors has reviewed proposed
legislative actions related to interest earnings on Medical Center
operating cash balances and increased autonomy for Medical Center
employee compensation and benefits, and procurement functions in
the Medical Center; and
WHEREAS,
the Executive Committee concludes that the proposed changes are
prudent and in the best interest of the University;
RESOLVED
that the Executive Vice President and Chief Operating Officer is
authorized to seek legislation accomplishing the above-described
purposes.
3.
APPROVAL OF THE DISINVESTMENT OF MILLER CENTER
GENERAL ENDOWMENT
(Adopted July 14, 2000)
RESOLVED
by the Executive Committee of the Board of Visitors that the disinvestment
of the Miller Center General Endowment, a quasi-endowment, be approved
and that the proceeds be applied to the Miller Center Addition and
Renovation project.
4.
CONFLICT OF INTEREST EXEMPTION
(Adopted
September 7, 2000)
WHEREAS,
the School of Medicine wishes to enter into a sponsored research
contract with EluSys Therapeutics, Inc., for developing technology
for the treatment of chronic Hepatitis C; and
WHEREAS,
Ronald P. Taylor, Ph.D., has disclosed in advance his equity interests
of 3.3 percent in EluSys Therapeutics, Inc.; and
WHEREAS,
the University’s entry into a research agreement with EluSys
Therapeutics, Inc., would thereby expose Mr. Taylor to violation
of the Virginia Conflicts of Interests Act unless approved by the
Board as permitted by §2.1-639.6(c) (7) of the Code of Virginia;
RESOLVED
that the conflict of interest of Ronald P. Taylor, Ph.D., is approved
by the Board of Visitors in order to permit the University to enter
into an agreement with EluSys Therapeutics, Inc., for research funding
for the development of technology for the treatment of Hepatitis
C; provided, as required by the Virginia Conflict of Interests Act,
Mr. Taylor files the required annual disclosure statement of personal
interests in EluSys Therapeutics Inc., the University files the
required annual report concerning the contract with the Secretary
of the Commonwealth, and the relevant department chair vigilantly
oversees application of University resources in the best interests
of the University and in accordance with policy.
5.
AUTHORIZATION TO AMEND THE FISCAL YEAR 2000-2001 ENDOWMENT INCOME
DISTRIBUTION
(Adopted September 7, 2000)
RESOLVED
that the Executive Vice President and
Chief
Operating Officer is authorized to increase the Fiscal Year 2000-2001
income distribution of Class A shares from $89.39 to $90.56 per
share and Class B shares from $122.76 to $125.89 per share.
6.
APPROVAL OF RENEWAL OF LEASE ON LOWER APARTMENT,
PAVILION VIII
(Adopted September 7, 2000)
RESOLVED
by the Executive Committee of the Board of Visitors approves the
renewal of the lease on the Lower Apartment in Pavilion VIII, held
by Ms. Sarah Farrell, Assistant Professor of Nursing, for a term
of two years; the lease shall expire on July 31, 2002.
The
following resolution was adopted:
WHEREAS,
the Board of Visitors approved a project for the renovation of the
Observatory Hill Dining Hall, and
WHEREAS,
the bids let for the project have come in considerably over budget;
and
WHEREAS,
a new dining hall with more space and better siting can be built
for slightly more than the cost of renovating the building;
RESOLVED
that the Board of Visitors approves the demolition of the Observatory
Hill Dining Hall and the Tree House, which will be replaced by a
new facility.
APPROVAL
OF THE PLACEMENT OF A FOUNTAIN AT THE UNIVERSITY OF VIRGINIA’S
COLLEGE AT WISE
The
following resolution was adopted:
WHEREAS,
Dumlupinar University in Kutahya, Turkey, has given The University
of Virginia’s College at Wise a fountain kiosk in commemoration
of the ties between the two institutions; and
WHEREAS,
the College and its Board propose that
the
fountain be erected on the plaza in front of Zehmer Hall;
RESOLVED
that the Board of Visitors approves the proposal to erect the fountain
from Dumlupinar University on the plaza in front of Zehmer Hall
at The University of Virginia’s College at Wise.
APPROVAL
OF SUMMARY OF AUDIT FINDINGS
The
following resolution was adopted:
RESOLVED
that the Summary of Audit and Compliance Findings for the period
May 1, 2000 through July 31, 2000 as presented by the Director of
Audits, is approved as recommended by the Audit Committee.
RESOLUTION
OF COMMENDATION TO MR. L. JAY LEMONS
The
following resolution was adopted:
WHEREAS,
L. Jay Lemons, a native of Nebraska and an alumnus of Nebraska Wesleyan
University, the University of Nebraska and the University of Virginia,
was elected Interim Chancellor of The University of Virginia’s
College at Wise in 1992 and Chancellor in 1993; and
WHEREAS,
Mr. Lemons has directed an extraordinarily successful administration
and led the College to new heights of excellence; and
WHEREAS,
Mr. Lemons and his wife, Marsha, have fostered a sense of community
in the College among faculty, students and alumni; and
WHEREAS,
Mr. and Mrs. Lemons have in every way been good citizens of the
larger community of Southwest Virginia, and have brought extraordinary
and visible credit to themselves and the College; and
WHEREAS,
Mr. and Mrs. Lemons will leave Wise County for Pennsylvania, where
Mr. Lemons has been elected President of Susquehanna University;
RESOLVED
that the Board of Visitors thanks Mr. and Mrs. Lemons and commends
them for a job well done, expresses regret at their departure from
The College at Wise and from Virginia, and wishes them every success
in Pennsylvania.
FACULTY
PERSONNEL ACTIONS
ELECTIONS
The
following resolution was adopted:
RESOLVED
that the following persons are elected to the faculty:
Mr.
Scott T. Acton as Associate Professor of Electrical Engineering,
for three academic years, effective August 25, 2000.
Mr.
Kozo Ajiro as Associate Professor of Research in Biochemistry,
for the period May 8, 2000 through March 31, 2001.
Dr.
Philip J. Balestrieri as Associate Professor of Anesthesiology,
for three years, effective July 17, 2000.
Ms.
Kathryn W. Bradley as Assistant Professor, General Faculty,
for one year, effective May 25, 2000.
Dr.
Thomas E. Brown as Assistant Professor of Orthopaedic Surgery,
for three years, effective August 1, 2000.
Dr.
Lisa A. Cerilli as Assistant Professor of Pathology, for three
years, effective July 1, 2000.
Mr.
Richard A. Defazio as Assistant Professor of Research in Internal
Medicine, for one year, effective July 1, 2000.
Mr. Jose G. Delgado-Frias as Associate Professor of Electrical
Engineering, effective August 25, 2000.
Mr.
Umesh S. Deshmukh as Assistant Professor of Research in Internal
Medicine, for three years, effective July 1, 2000.
Dr.
Wael M. El-Rifai as Assistant Professor of Research
in Internal Medicine, for one year, effective July 10, 2000.
Mr.
Frederick H. Epstein as Associate Professor of Radiology, for
three years, effective July 17, 2000.
Mr. Xitao Fan as Associate Professor of Education, effective
August 25, 2000.
Dr.
James M. Fitz-Gerald as Assistant Professor of Materials Science
and Engineering, for three years, effective May 25, 2000.
Dr.
Heidi H. Gillenwater as Assistant Professor of Clinical Internal
Medicine, for three years, effective July 1, 2000.
Dr.
Jay M. Gillenwater as Assistant Professor of Clinical Pediatrics,
for three years, effective July 1, 2000.
Mr.
Theo C. Giras as Research Professor of Electrical Engineering,
for three years, effective June 25, 2000.
Dr.
Phillip V. Gordon as Assistant Professor of Pediatrics, for
three years, effective July 1, 2000.
Mr.
James F. Groves as Research Assistant Professor of Materials
Science and Engineering, for two years, effective May 25, 2000.
Ms. Jane A. Hansen as Professor of Education, effective
August 25, 2000.
Dr.
Paul J. Hoehner as Associate Professor of Anesthesiology, for
three years, effective June 20, 2000.
Dr.
Orieji C. Illoh as Assistant Professor of Pathology, for three
years, effective July l, 2000.
Mr.
Tetsuya Iwasaki as Assistant Professor of Mechanical Engineering,
for three years, effective May 25, 2000.
Dr.
Edward M. Kantor as Assistant Professor of Psychiatric Medicine,
for three years, effective July 1, 2000.
Dr.
Ludmila A. Kryzhanivska as Assistant Professor of Research in
Psychiatric Medicine, for one year, effective July 1, 2000.
Ms.
Mary S. Landrum as Associate Professor, General Faculty, for
one year, effective August 25, 2000.
Dr.
Daniel A. Leung as Assistant Professor of Radiology, for three
years, effective July 1, 2000.
Dr.
Zhenqi Liu as Assistant Professor of Research in Internal Medicine,
for three years, effective July 1, 2000.
Mr.
Shawn T. Lyons as Assistant Professor, General Faculty, for
three years, effective June 25, 2000.
Dr.
James M. Mangrum as Assistant Professor of Internal Medicine,
for three years, effective July 1, 2000.
Dr.
Amy J. Mangrum as Assistant Professor of Research in Internal
Medicine, for three years, effective July 1, 2000.
Dr.
Giancarlo Mari as Associate Professor of Obstetrics and Gynecology,
for three years, effective July 3, 2000.
Dr.
Martin E. Matsumura as Assistant Professor of Research in Internal
Medicine, for one year, effective July 1, 2000.
Dr.
Gale A. McCarty as Professor of Clinical Internal Medicine,
for three years, effective July 1, 2000.
Ms.
Rachel Most as Assistant Professor, General Faculty, for two
years, effective March 27, 2000.
Mr.
Ronald T. Murray as Assistant Professor of Medical Education,
for the period March 25, 2000 through August 9, 2002.
Dr.
Kenneth J. Nunes as Assistant Professor of Clinical Obstetrics
and Gynecology, for one year, effective July 1, 2000.
Dr.
Jennifer K. P. Penberthy as Assistant Professor of Research
in Psychiatric Medicine, for one year, effective July 1, 2000.
Dr.
Margaret L. Plews-Ogan as Assistant Professor of Clinical Internal
Medicine, for three years, effective July 1, 2000.
Dr.
Patrice K. Rehm as Associate Professor of Radiology, for three
years, effective July 1, 2000.
Dr.
Joel M. Schectman as Associate Professor of Internal Medicine,
for three years, effective July 3, 2000.
Dr.
Robert C. Shepard as Associate Professor of Clinical Internal
Medicine, for three years, effective July 1, 2000.
Ms.
Sandra J. Shultz as Research Assistant Professor of Education,
for one year, effective June 25, 2000.
Dr.
Estela T. Smith as Assistant Professor of Clinical Radiology,
for one year, effective June 2, 2000.
Dr.
Jim B. Tucker as Assistant Professor of Research in Psychiatric
Medicine, for three years, effective June 25, 2000.
Dr.
Rosalie M. Uht as Assistant Professor of Pathology, for three
years, effective June 19, 2000.
Dr.
Joseph Wagstaff as Associate Professor of Pediatrics, for three
years, effective May 1, 2000.
Dr.
Harry A. Wellons as Professor of Clinical Surgery, for two years,
effective July 17, 2000.
Dr.
Zhiyi Zuo as Assistant Professor of Anesthesiology, for three
years, effective July 1, 2000.
ACTIONS RELATING TO CHAIRHOLDERS
The
following resolution was adopted:
RESOLVED
that the actions relating to the chairholders are approved as shown
below:
(a) Election
of Chairholders
Ms.
Barbara E. Armacost as Class of 1941 Research Professor of Law,
for three years, effective May 25, 2000. Ms. Armacost will continue
as Professor of Law.
Mr.
Glen L. Bull as Virgil S. Ward Professor of Education, for two
years, effective June 25, 2000. Mr. Bull will continue as Professor
of Education.
Dr.
Gerald R. Donowitz as Edward Watson Hook Distinguished Professor
of Internal Medicine, effective July 1, 2000. Mr. Donowitz will
continue as Professor of Internal Medicine.
Dr.
Shu Man Fu as Margaret M. Trolinger Professor of Rheumatology,
effective July 1, 2000. Dr. Fu will continue as Professor of Internal
Medicine.
Mr. Joseph A. C. Humphrey as Professor of Mechanical
and Aerospace Engineering and Nancy and Neal Wade Professor of Engineering
and Applied Science, effective July 25, 2000.
Mr.
Paul G. Mahoney as Brokaw Professor of Corporate Law, effective
June 25, 2000. Mr. Mahoney will continue as the Albert C. BeVier
Research Professor of Law, and Professor of Law.
Mr.
David A. Martin as F. Palmer Weber Research Professor of Civil
Liberties and Human Rights, for three years, effective May 25, 2000.
Mr. Martin will continue as Professor of Law.
Mr.
Daniel R. Ortiz as Joseph C. Carter, Jr. Research Professor
of Law, for three years, effective May 25, 2000. Mr. Ortiz will
continue as John Allan Love Professor of Law.
Dr.
James F. Reibel as G. Slaughter Fitz-Hugh Associate Professor
of Otolaryngology, effective July 25, 2000. Dr. Reibel will continue
as Associate Professor of Otolaryngology — Head and Neck Surgery.
Mr.
Glen O. Robinson as Horace W. Goldsmith Research Professor of
Law, for three years, effective May 25, 2000. Mr. Robinson will
continue as Professor of Law.
Mr.
George A. Rutherglen as Edward F. Howrey Professor of Law, for
three years, effective May 25, 2000. Mr. Rutherglen will continue
as O. M. Vicars Professor of Law.
Mr.
Paul B. Stephan, III, as E. James Kelly, Jr., Research Professor
of Law, for three years, effective May 25, 2000. Mr. Stephan will
continue as Percy Brown, Jr., Professor of Law.
Mr.
W. Laurens Walker as John V. Ray Professor of Law, for three
years, effective May 25, 2000. Mr. Walker will continue as T. Munford
Boyd Professor of Law.
Ms.
Amy L. Wax as Class of 1948 Professor of Scholarly Research
in Law, for three years, effective May 25, 2000. Ms. Wax will continue
as Professor of Law.
Mr.
Mark B. Williams as Ward K. Ensiminger Associate Professor of
Geriatric Medicine, effective March 25, 2000. Dr. Williams will
continue as Associate Professor of Radiology.
(b) Changes
of Title of Chairholders
Ms.
Linda K. Bunker from William Clay Parrish, Jr., Professor of
Education to Professor of Education, effective June 25, 2000.
Dr.
Neal F. Kassell from Distinguished Professor of Neurosurgery
to John A. Jane Professor of Neurosurgery, effective April 25, 2000.
Mr.
Larry J. Sabato from Robert Kent Gooch Professor of Government
and Foreign Affairs to University Professor and Robert Kent Gooch
Professor of Government and Foreign Affairs, effective June 25,
2000.
(c)
Resignations of Chairholders
The
following resignations were announced:
Mr.
Clayton P. Gillette as Perre Bowen Professor of Law, effective
July 1, 2000, to accept another position.
Mr.
William J. Stuntz as Class of 1962 Professor of Law and Horace
W. Goldsmith Research Professor of Law, effective August 24, 2000,
to accept another position.
PROMOTION
The
following resolution was adopted:
RESOLVED
that the following person is promoted:
Ms.
Donna R. Buck from Associate Professor, General Faculty, to
Professor, General Faculty, for three years, effective June 25,
2000.
RESIGNATIONS
The
following resignations were announced:
Ms.
Marjorie E. Adams, Assistant Professor of Business Administration,
effective May 24, 2000, to accept another position.
Dr.
Amira Y. Al-Uzri, Assistant Professor of Pediatrics, effective
June 30, 2000, for personal reasons.
Mr.
James M. Beach, Assistant Professor of Research in Ophthalmology,
effective June 20, 2000, to accept another position.
Mr. Clifford T. Bennett, Associate Professor of Education,
effective May 24, 2000, to accept another position.
Dr.
Kathleen K. Bradford, Assistant Professor of Pediatrics, effective
June 30, 2000, for personal reasons.
Dr.
Roger C. Burket, Associate Professor of Psychiatric Medicine,
effective June 23, 2000, for personal reasons.
Mr.
Robert L. Canady, Professor, General Faculty, effective June
24, 2000, for personal reasons.
Ms.
Lynda F. Clausel, Assistant Professor, General Faculty, effective
June 30, 2000, for personal reasons.
Mr.
Michael E. Cox, Assistant Professor of Research in Microbiology,
effective July 14, 2000, to accept another position.
Dr.
Quanjun Cui, Assistant Professor of Research in Orthopaedic
Surgery, effective June 30, 2000, to accept another position.
Ms.
Leslie K. Drinkwine, Assistant Professor of Commerce, effective
June 1, 2000, for personal reasons.
Ms.
Felicia A. Etzkorn, Assistant Professor of Chemistry, effective
May 24, 2000, to accept another position.
Mr.
Steven T. Garren, Assistant Professor of Statistics, effective
May 24, 2000, to accept another position.
Mr.
Francis J. Gavin, Assistant Professor, General Faculty, effective
August 16, 2000, to accept another position.
Mr.
Timothy A. J. Haystead, Associate Professor of Pharmacology,
effective July 1, 2000, to accept another position.
Ms.
Lisa A. Heaton, Assistant Professor of Education, effective
May 24, 2000, to accept another position.
Mr.
Erik D. Herzog, Assistant Professor of Biology, effective July
7, 2000, to accept another position.
Ms.
Michele M. Kosiewicz, Assistant Professor of Internal Medicine,
effective April 30, 2000, to accept another position.
Dr.
William H. Lindsey, Assistant Professor of Otolaryngology —
Head and Neck Surgery, effective June 30, 2000, for personal reasons.
Ms.
Paula D. McClain, Professor of Government and Foreign Affairs,
effective May 24, 2000, to accept another position.
Dr.
Richard H. Moore, Assistant Professor of Clinical Family Medicine,
effective August 18, 2000, for personal reasons.
Mr.
Chris J. Muscarella, Dale S. Coenen Visiting Professor of Free
Enterprise, effective May 24, 2000, to accept another position.
Mr.
Spencer G. Niles, Professor of Education, effective July 25,
2000, to accept another position.
Mr.
Robert E. Novak, Associate Professor of Education, effective
May 24, 2000, to accept another position.
Mr.
Richard D. Rodewald, Associate Professor of Biology, effective
May 24, 2000, to accept another position.
Mr.
James N. Roemmich, Assistant Professor of Research in Pediatrics,
effective August 4, 2000, to accept another position.
Ms.
Elena Russo, Associate Professor of French, effective May 24,
2000, to accept another position.
Mr.
Harold H. Scott, Assistant Professor of Medical Computing, effective
July 15, 2000, for personal reasons.
Mr.
Ajay Skaria, Assistant Professor of History, effective May 24,
2000, to accept another position.
Mr.
Aaron D. Smith, Assistant Professor of Economics, effective
August 25, 2000, to accept another position.
Dr.
Burkhard F. Spiekermann, Associate Professor of Anesthesiology
and Associate Professor of Clinical Neurosurgery, effective June
30, 2000, for personal reasons.
Mr.
Jonathan H. Spindel, Assistant Professor of Otolaryngology —
Head and Neck Surgery, effective August 12, 2000, to accept another
position.
Ms.
Brenda M. Tanner, Assistant Professor, General Faculty, effective
May 24, 2000, to accept another position.
Ms.
Susan E. Tate, Assistant Professor, General Faculty, effective
May 22, 2000, for personal reasons.
Ms.
Toni G. Wegner, Associate Professor, General Faculty, effective
July 24, 2000, to accept another position.
RETIREMENTS
The
following retirements were announced:
Dr.
John S. Davis, Professor of Internal Medicine, effective June
24, 2000. Dr. Davis has been a member of the faculty since July
1, 1961.
Mr.
Donald E. Dougald, Associate Professor of Architecture, effective
July 31, 2000. Mr. Dougald has been a member of the faculty since
September 1, 1974.
Mr.
Peter W. Holloway, Professor of Biochemistry and Molecular Genetics,
effective July 31, 2000. Mr. Holloway has been a member of the faculty
since August 16, 1969.
Ms.
Laura C. Huang, Associate Professor of Research in Pharmacology,
effective September 1, 2000. Ms. Huang has been a member of the
faculty since September 1, 1969.
Dr.
James D. Kitchin, III, Professor of Obstetrics and Gynecology,
effective June 30, 2000. Dr. Kitchin has been a member of the faculty
since July 1, 1967.
Mr.
Thomas L. Pearce, Associate Professor, General Faculty, effective
August 15, 2000. Mr. Pearce has been a member of the faculty since
August 17, 1981.
APPOINTMENTS
The
following appointments were announced:
Mr.
Robert H. Lockridge as Executive Assistant to the President
for State Governmental Relations, for five years, effective July
17, 2000.
Mr.
William B. Quandt as Vice Provost for International Affairs,
for two years, effective July 25, 2000.
RE-APPOINTMENTS
The
following re-appointments were announced:
Mr.
Gordon C. Burris as Special Assistant to the President, for
five years, effective November 1, 2000.
Ms.
Barbara J. Deily as Director of Audits, for five years, effective
August 1, 2000.
Mr.
Charles B. Fitzgerald as Associate Vice President for Development,
for three years, effective June 25, 2000.
Mr.
Thomas E. Gausvik as Chief Human Resource Officer, for three
years, effective July 1, 2000.
Ms.
Alice W. Handy as Treasurer, for three years, effective July
1, 2000.
Mr.
Craig K. Littlepage as Senior Associate Athletic Director, for
one year, effective June 25, 2000.
Ms.
Lynn M. Mitchell as Associate Athletic Director for Compliance,
for one year, effective June 25, 2000.
Mr.
Richard J. Murray as Director of Media Relations, for one year,
effective June 25, 2000.
Mr.
Kenneth E. Sinarski as Associate Comptroller, for three years,
effective July 1, 2000.
Mr.
William Sublette as Director of Development Communications,
for three years, effective September 1, 2000.
Mr.
Michael J. Thomas as Associate Athletic Director for Facilities
and Game Management, for one year, effective June 25, 2000.
Mr.
M. Rick Turner as Dean of African-American Affairs, for five
years, effective July 1, 2000.
ELECTION
OF PROFESSORS EMERITI
The
following resolution was adopted:
RESOLVED
that the following persons are elected Professor Emeritus:
Dr.
John S. Davis, Professor of Internal Medicine, effective June
24, 2000.
Mr.
Peter W. Holloway, Professor of Biochemistry and Molecular Genetics,
effective July 31, 2000.
Dr.
James D. Kitchin, III, Professor of Obstetrics and Gynecology,
effective June 30, 2000.
ELECTION OF ASSOCIATE PROFESSOR EMERITUS
The
following resolution was adopted:
RESOLVED
that the following person is elected Associate Professor Emeritus:
Mr.
Donald E. Dougald, Associate Professor of Architecture, effective
July 31, 2000.
DEATH
Mr.
Shao-Chuan Leng, Dorothy Danforth Compton Professor Emeritus
of Government and Foreign Affairs, died September 4, 2000. Mr. Leng
was a member of the faculty from September 1, 1950, until his retirement,
effective May 31, 1992.
5910
CHANGE
IN THE PROMOTION OF MR. CHARLES W. MCCURDY
The
following resolution was adopted:
RESOLVED
that the promotion of Mr. Charles W. McCurdy from Associate Professor
of History to Professor of
History,
effective August 25, 2000, as shown in the Minutes of the meeting
on June 17, 2000, be changed to read as follows:
Mr.
Charles W. McCurdy from Associate Professor of History and Law
to Professor of History and Law, effective August 25, 2000.
THE
UNIVERSITY OF VIRGINIA'S COLLEGE AT WISE
ELECTIONS
The
following resolution was adopted:
RESOLVED
that the following person is elected to the faculty:
Ms.
Kathleen W. Huttlinger as Professor of Nursing, The University
of Virginia's College at Wise, for three years, effective June 25,
2000, at an annual salary of $80,000.
RESIGNATIONS
The
following resignations were announced:
Ms.
Mary Kelly Persyn, Assistant Professor of English, The University
of Virginia's College at Wise, effective May 24, 2000, to accept
another position.
Mr.
Michael J. Steffes, Assistant Professor of English, The University
of Virginia’s College at Wise, effective May 24, 2000, to accept
another position.
CHANGE
IN THE RETIREMENT OF MS. BETTY M. JOHNSON
The following change was announced:
That
the retirement of Ms. Betty M. Johnson, Professor of Nursing, The
University of Virginia’s College at Wise, effective June 30,
1998, as shown in the Minutes of the meeting of May 30, 1998, be
changed to read as follows:
Ms. Betty M. Johnson, Professor of Nursing, The University
of Virginia’s College at Wise, effective June 24, 2000. Ms.
Johnson has been a member of the faculty since June 15, 1987.
CHANGE
IN THE ELECTION OF PROFESSOR EMERITUS OF MS. BETTY M. JOHNSON
The following resolution was adopted:
RESOLVED that the election of Professor Emeritus of Ms. Betty M.
Johnson, Professor of Nursing, The University of Virginia’s
College at Wise, effective January 31, 1998, as shown in the Minutes
of the meeting of March 28, 1998, be changed to read as follows:
Ms. Betty M. Johnson, Professor of Nursing, The University
of Virginia’s College at Wise, effective June 24, 2000.
-
- - - - - - - - - - - - - - - - - -
On
motion, the meeting was adjourned at 4:10 p.m.
The
following resolutions were adopted on September 5, 2000, by the
Board of the University of Virginia Investment Management Company.
They do not require action by the Board of Visitors and are listed
here simply as a matter of record:
RESOLVED
that the University’s investment in the GMO Foreign Fund be
replaced with an investment with BPI Global Asset Management; this
is subject to a commitment from BPI that the University may add,
at its discretion, $25 million to the Global Hedge Fund.
RESOLVED
that the University invest $75 million with Blue Ridge Capital.
RESOLVED
that the following investments be confirmed, having been made with
the approval of the Private Equity Subcommittee of the Board of
the University of Virginia Investment Management Company: $10 million
each with NEA 10, Draper Fisher VII, and Bain Capital VII.
RESOLVED
that the investment with Invesco Capital Management be terminated.
RESOLVED
that an additional $30 million be invested with Marsico Capital
Management.
RESOLVED
that $25 million be invested with K Capital.
Respectfully
submitted,
Alexander
G. Gilliam, Jr.
Secretary
AGG:jb
- -
- - - - - - - - - - - - - - - - -
At
a meeting of the Board of Visitors of the University of Virginia
held on October 5-6, 2000, a roll call vote was taken immediately
following an executive session. Members voting "yes" certify that
to the best of the Member's knowledge (1) only public business matters
lawfully exempted were discussed in closed session; and (2) only
public business matters identified in the public motion by which
the executive or closed meeting were discussed. In accordance with
the law, any member of the public body who believes that there was
a departure from the foregoing shall so state prior to the vote
indicating "the substance of the departure". Any such statements
are recorded below under "comments".
NAME
VOTE COMMENTS
yes
or no
John
P. Ackerly, II_______________yes__________________
Thomas
J. Bliley, Jr._____________________ absent___
Charles
M. Caravati, Jr.__________yes__________________
William
G. Crutchfield, Jr._______yes__________________
Charles
L. Glazer_________________yes__________________
William
H. Goodwin, Jr.___________yes__________________
T.
Keister Greer__________________yes__________________
Elsie
Goodwyn Holland_____________yes__________________
Gordon
F. Rainey, Jr._____________yes__________________
Timothy
B. Robertson______________yes__________________
Terence
P. Ross___________________yes__________________
Elizabeth
A. Twohy________________yes__________________
Walter
F. Walker__________________yes__________________
Benjamin
P.A. Warthen_____________yes__________________
James
C. Wheat, III_______________yes__________________
Joseph
E. Wolfe___________________yes__________________
Stephen
S. Phelan, Jr.____________yes__________________
ADDENDUM
TO THE OFFICIAL MINUTES OF THE MEETING OF
THE BOARD OF VISITORS OF THE UNIVERSITY OF VIRGINIA
Meeting
Date: October 5-6, 2000
CERTIFICATION OF EXECUTIVE MEETING
WHEREAS
the Board of Visitors has convened an executive meeting on this
date pursuant to an affirmative recorded vote and in accordance
with the provisions of the Virginia Freedom of Information Act;
and
WHEREAS
Section 2.1-344.1 of the Code of Virginia requires a certification
by this Board of Visitors that such executive meeting was conducted
in conformity with Virginia law;
NOW
THEREFORE BE IT RESOLVED that the Board of Visitors hereby certifies
that, to the best of each member's knowledge, (i) only public business
matters lawfully exempted from open meeting requirements by Virginia
law were discussed in the executive meeting to which this certification
resolution applies, and (ii) only such public business matters as
were identified in the motion convening the executive meeting were
heard, discussed or considered by the Board of Visitors.
VOTE
AYES:
16
NAYS:
0
[For
each nay vote, the substance of the departure from the requirements
of the Act should be described].
ABSENT DURING VOTE: 1
ABSENT
DURING MEETING: 1
Alexander
G. Gilliam, Jr.
Secretary,
Board of Visitors,
University
of Virginia
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