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Meeting Information

DOCKET
BOARD OF VISITORS

May 30, 1998


I. CONSENT ITEMS

a. APPROVAL OF ARCHITECT SELECTIONS FOR TERM CONTRACTS

The President will propose the adoption of the following resolution:

RESOLVED that Ellerbe Becket of Washington, D.C., and Mitchell/Matthews & Associates of Charlottesville, are approved for the performance of architectural and engineering services for projects initiated under term contracts for the Medical Center and Academic Division, respectively.

b. APPROVAL OF ARCHITECTURAL DESIGN GUIDELINES FOR THE SPECIAL COLLECTIONS LIBRARY PROJECT

The President will propose the adoption of the following resolution:

RESOLVED that the architectural design guidelines, dated May 29, 1998, and prepared by Hartman Cox Architects of Washington, D.C., for the Special Collections Library project, are approved;

RESOLVED FURTHER that the project will be presented for further review at the schematic design level of development.

c. APPROVAL OF ARCHITECTURAL DESIGN GUIDELINES, CLINCH VALLEY COLLEGE SCIENCE BUILDING

The President will propose the adoption of the following resolution:

RESOLVED that the architectural design guidelines, dated May 29, 1998, and prepared by VMDO Architects of Charlottesville, for the Clinch Valley College Science Building project, are approved;

RESOLVED FURTHER that the project will be presented for further review at the schematic design level of development.

d. APPROVAL OF SCHEMATIC DESIGN FOR THE CLARK HALL ADDITION PROJECT

The President will propose the adoption of the following resolution:

RESOLVED that the schematic design, dated April 27, 1998, and prepared by Ellenzweig Associates of Cambridge, Massachusetts, for the construction of the Clark Hall Renovation and Addition project is approved;

RESOLVED FURTHER that the project will be presented for further review at the preliminary design level of development.

e. APPROVAL OF SCHEMATIC DESIGN FOR THE BIOMEDICAL ENGINEERING AND MEDICAL SCIENCE BUILDING PROJECT

The President will propose the adoption of the following resolution:

RESOLVED that the schematic design, dated April 27, 1998, and prepared by Henningson, Durham, and Richardson of Alexandria, Virginia, for construction of the Biomedical Engineering and Medical Science Building, is approved;

RESOLVED FURTHER that the project will be presented for further review at the preliminary design level of development.

f. APPROVAL OF ARCHITECT SELECTION FOR THE BLANDY FARM HOUSING PROJECT

The President will propose the adoption of the following resolution:

RESOLVED that the firm of Bushman Dreyfus Architects of Charlottesville, is approved for the performance of architectural and engineering services for the Blandy Farm Housing project.

g. ASSIGNMENT OF UPPER APARTMENT IN PAVILION VIII

The President will propose the adoption of the following resolution:

WHEREAS, it is the intent of the Board of Visitors that the apartments in Pavilion VIII be occupied by members of the teaching faculty who have shown a commitment to Thomas Jeffersons concept of life in the Academical Village;

RESOLVED that the upper apartment in Pavilion VIII be assigned to Professor Cristina Della Coletta, Assistant Professor of Italian, and her family effective the Summer of 1998, for a term of four years from that date.

h. APPROVAL TO CHANGE DEGREE TITLE

The President will propose the adoption of the following resolution:

RESOLVED that the degree title M.A. Clinical Ethics be changed to M.A. in Bioethics.

i. APPROVAL TO AMEND CRITERIA FOR THE CREATION OF THE UNIVERSITY OF VIRGINIA INVESTMENT MANAGEMENT COMPANY

The President will propose the adoption of the following resolution:

WHEREAS, the Finance Committee and the Board of Visitors approved the criteria to establish the University of Virginia Investment Management Company on March 27, 1998 (hereinafter referred to as Criteria); and

WHEREAS, the Manual of the Board of Visitors authorizes the creation of the Investment Management Company and calls for its membership to "consist of the Rector, the chair of the Finance Committee who shall also be chair of the subcommittee, three members of the Finance Committee appointed by the Rector, the President or his/her designee, and a minority representation of members appointed by the Board from the general public for their investment experience and expertise."

RESOLVED that the Criteria are amended to accomplish two changes. Consistent with the Board Manual, one change authorizes the Rectors appointment of three, not four, members of the Finance Committee to the Investment Management Company.

RESOLVED FURTHER, the second change provides for staggered terms of public members appointed by the Board, as follows:

The Board may appoint no more than four public members who shall be alumni of the University, to serve, without compensation save reimbursement of expenses as permitted by University policy, as non-voting members to staggered initial terms not to exceed four years. No member shall be eligible to serve more than two successive four-year terms. Appointment to fill vacancies shall be for the unexpired term with eligibility for reappointment to no more than two successive four-year terms.

j. APPROVAL OF THE 1998-99 BUDGET OF PRATT ESTATE FUNDS FOR THE SCHOOL OF MEDICINE AND SPECIFIC DEPARTMENTS IN THE COLLEGE OF ARTS AND SCIENCES

The President will propose the adoption of the following resolution:

RESOLVED that the budget for the expenditure of funds from the Estate of John Lee Pratt be approved to supplement appropriations made by the Commonwealth of Virginia for the School of Medicine and Departments of Biology, Chemistry, Mathematics, and Physics in the College of Arts and Sciences in an amount not to exceed $4.0 million for 1998-99, as suggested by the department chairs, as recommended by the deans of each school, and as approved by the Vice President and Provost, the Vice President and Provost for Health Sciences, the President and the Finance Committee. To the extent the annual income from the endowment is not adequate to meet the recommended distribution, the principal of the endowment will be disinvested to provide funds for the approved budgets.

k. DECLARATION OF INTENT TO ISSUE BONDS

The President will propose the adoption of the following resolution:

WHEREAS, the United States Department of the Treasury has promulgated final regulations in Section l.l50-2 of the Treasury Regulations (the "Regulations"), governing when the allocation of bond proceeds to reimburse expenditures previously made by a borrower shall be treated as an expenditure of the bond proceeds; and

WHEREAS, the Regulations require a declaration of official intent by a borrower to provide evidence that the borrower intended to reimburse such expenditures with proceeds of its bonds; and

WHEREAS, the Board of Visitors of the University of Virginia (the "University") desires to make such a declaration of official intent as required by the Regulations;

RESOLVED that, pursuant to the Regulations, the University hereby declares its intent to reimburse expenditures in accordance with the following:

The University reasonably expects to reimburse expenditures incurred for the construction of the Student Residence Hall, the Biomedical Engineering and Medical Science Building, the Parking Deck for 600 Vehicles and Infrastructure Improvements Project, the Scott Stadium Expansion and the Clinch Valley College Student Center with proceeds from the issuance of tax- exempt bonds (the "bonds") to be issued by the University through the Treasury board;

This resolution is a declaration of official intent under Section l.l50-2 of the Regulations;

The maximum principal amount of bonds expected to be issued for the purpose of reimbursing expenditures relating to the construction of the Student Residence Hall is $6 million, the Biomedical Engineering and Medical Science Building is $41.3 million, the Parking Deck for 600 and Infrastructure Improvements is an additional $2.6 million (for a total authorization of $7.1 million), the Scott Stadium Expansion is an additional $10 million (for a total authorization of $60 million), and the Clinch Valley College Student Center is $8 million.

l. APPROVAL OF CONTRACT FOR BLOOD PRODUCTS AND SERVICES

The President will propose the adoption of the following resolution:

RESOLVED by the Board of Visitors that the Executive Vice President and Chief Financial Officer be authorized to approve and execute a new agreement to allow the Medical Center to procure blood products and services.

m. APPROVAL OF CONFLICT OF INTERESTS REGARDING UVA/HEALTH SERVICES FOUNDATION CONTRACTS

The President will propose the adoption of the following resolution:

WHEREAS, the Virginia State and Local Government Conflict of Interests Act permits and exempts personal interests of medical faculty in contracts between a state institution of higher education which operates a school of medicine and its physician faculty practice plan (the group practice organization through which faculty conduct their clinical practice); and

WHEREAS, the University's faculty practice plan, the Health Services Foundation, supports the Universitys medical education programs by serving as the group clinical practice organization for the School of Medicine faculty, allowing them to maintain and convey their skills to medical students within the Medical Center and related clinics, and by providing compensation that helps to attract and retain highly qualified faculty;

RESOLVED, as permitted by the Act, the Board of Visitors hereby approves the personal interests of School of Medicine faculty arising from their clinical income interest in the Health Services Foundation, which serves the University as its group practice plan.


II. ACTION ITEMS

a. APPROVAL OF AUDIT SCHEDULE FOR FISCAL YEAR 1998-1999

The President will propose the adoption of the following resolution:

RESOLVED that the Audit Schedule for Fiscal Year 1998-1999, is approved as recommended by the Audit Committee.

b. APPROVAL OF PRELIMINARY DESIGN FOR THE SCOTT STADIUM EXPANSION - PARKING PROJECT

The President will propose the adoption of the following resolution:

RESOLVED that the preliminary design, dated May 29, 1998, and prepared by Heery International of Atlanta, Georgia, for the parking component of the Scott Stadium Expansion project, is approved for further development and construction.

c. APPROVAL OF SCHEMATIC AND PRELIMINARY DESIGN FOR THE BLANDY FARM HOUSING PROJECT

The President will propose the adoption of the following resolution:

RESOLVED that the schematic and preliminary design, dated May 29, 1998, and prepared by Bushman Dreyfus Architects of Charlottesville, for the Blandy Farm Housing project, is approved for further development and construction.

d. APPROVAL OF THE REVISION OF THE CLINCH VALLEY COLLEGE ADVISORY COUNCIL BY-LAWS

The President will propose the adoption of the following resolution:

WHEREAS, the Clinch Valley College Advisory Council has evolved from an advisory body to one with an important role in determining policy;

RESOLVED that the name of the Clinch Valley College Advisory Council be changed to "Clinch Valley College Board"; and

RESOLVED FURTHER that the Advisory Council By-Laws (see Attachment) be amended to provide that body authority to act on behalf of the University of Virginia Board of Visitors on matters specifically identified in the By-Laws.

e. APPROVAL TO REVISE COPYRIGHT POLICY

The President will propose the adoption of the following resolution:

WHEREAS, the Copyright Policy was adopted by the Board of Visitors on May 30, 1986; and

WHEREAS, the Ad Hoc Committee on Policy Reform has examined the existing Copyright Policy for accuracy and applicability; and

WHEREAS, on February 9, 1997, the Board of Visitors, on the advice of the Ad Hoc Committee on Policy Reform, referred this resolution to the Educational Policy Committee for review and revision;

RESOLVED that the Copyright Policy approved on May 30, 1986, be rescinded; and

RESOLVED FURTHER that the following Copyright Policy be established effective May 30, 1998:


INTRODUCTION

The objective of this policy is to encourage the production of copyrightable works that contribute to the professional stature of their author(s) and that advance the University's scholarly, academic, and public service missions. This policy governs the respective ownership rights of the University and its employees in copyrightable material produced within the scope of employment. The intention of this policy is that the University will not assert its ownership interest in copyrightable scholarly and academic works created by academic and research faculty who use generally available University resources. The University asserts its ownership interest in copyrightable works, however, if significant University resources (including sponsor-provided funds) are used in the creation of the work and: (a) the work generates royalty payments; or (b) the work is of commercial value that can be realized by University marketing efforts. In such cases, the University will share royalties with the author(s). The University's share of royalties from copyrightable works will be used by the Vice President for Research and Public Service to support research, teaching, and scholarly activities.

In cases where the provisions of this policy state that the University cedes copyright ownership to the author(s), it is the intention that such ownership will be ceded to the author(s) by operation of this policy without further action by the University.


DEFINITION

Copyright is a form of protection provided by the laws of the United States to "original works of authorship" including literary, dramatic, musical, artistic, and certain other intellectual works, whereby copyright owners may claim, for a limited time, certain exclusive rights to specified works. This protection is available to both published and unpublished works and gives the copyright owner the exclusive right to reproduce, distribute, sell, perform, display, or prepare derivatives of the work, and to protect a copyright against infringement. Copyright protection does not extend to an idea, procedure, process, slogan, principle, or discovery.


OWNERSHIP

Work-for-Hire Rule

The "work-for-hire" rule, defined in the Copyright Act, provides that when an employee produces a copyrightable work within the scope of employment, the copyright to that work belongs to the employer and not to the author.

Employee Ownership

The employee owns the rights to any work created at his or her own initiative and outside the scope, time, and place of employment.

The University cedes copyright ownership to the author(s) of scholarly and academic works (such as journal articles, books, and papers) created by academic and research faculty who use generally available University resources. However, the University asserts its right of copyright ownership if significant University resources (including sponsor-provided funds) are used in the creation of such works, and: (a) the work generates royalty payments; or (b) the work is of commercial value that can be realized by University marketing efforts.

Use of the University's name in connection with the commercialization of a faculty work must be approved in advance by the University.

University Ownership

By operation of the copyright law, the University owns in the name of The Rector and Visitors of the University of Virginia (the University's corporate name) all rights, title and interest in copyrightable works created by University employees while acting within the scope of their employment. The University cedes copyright ownership to the author(s) of scholarly and academic works (such as journal articles, books, and papers) created by academic and research faculty who use generally available University resources. However, University asserts its right of copyright ownership if significant University resources (including sponsor-provided funds) are used in the creation of such works, and: (a) the work generates royalty payments; or (b) the work is of commercial value that can be realized by University marketing efforts.

Even in cases where the University retains copyright ownership under this policy, it may cede such ownership to the work's author(s) by written agreement signed by the Vice President for Research and Public Service and approved by the appropriate Provost.

The University retains a non-exclusive, royalty-free right to use for non-commercial purposes works produced by its employees while acting within the scope of employment even if copyright ownership is ceded to the author(s).

The University may assign its copyright ownership for purposes of commercialization.


ELABORATION

"Significant" University Resources

The use of University resources is "significant" when it entails substantial and dedicated use of University equipment, facilities, or personnel. The use of a computer in a faculty office, incidental supplies, and occasional use of University personnel or shared facilities would typically not be considered significant use. In contrast, utilization of University laboratories or special instrumentation, dedicated assistance by University employees, special financial assistance, or extensive use of shared facilities would constitute significant use.

Sponsor-Supported Effort

Funds and facilities provided by governmental, commercial, industrial, or other private organizations which are administered and controlled by the University shall be considered University resources for purposes of this policy.

Sponsors and Contracts

When under the terms of a contract with the University a sponsor obtains copyright ownership in any copyrightable work that may result from the sponsored effort, that contract takes precedence over this policy. If the sponsor does not assert an ownership interest, copyright ownership vest with the University as provided in this policy.


RESPONSIBILITIES

Vice President for Research and Public Service

The Vice President for Research and Public Service is responsible for the implementation and administration of this copyright policy and for securing and marketing copyrights in the University's name and shall:

  • Develop standards and procedures appropriate for the implementation of this policy.

  • Determine if significant University resources have been used in the creation of a copyrightable work.

  • Determine whether and under what conditions to cede copyright ownership to the author(s) of a work owned by the University under this policy. Promptly advise authors of decisions regarding copyright ownership.

  • Determine whether copyrights owned by the University are marketable, and if so, ensure that appropriate marketing steps are taken on behalf of the University.

  • Establish guidelines for distribution of royalties when the University owns a copyright.

  • Distribute royalties accruing to the University as a result of the implementation of this policy.

  • Make a finding as to ownership in any case where the rights of the University and of an employee appear to be in conflict and report such finding to the appropriate Vice President and Provost for final resolution.

The Vice President and Provost

Within their designated areas of responsibility, the Vice President and Provost of the University and the Vice President and Provost of Health Sciences shall:

  • Approve standards and procedures developed by the Vice President for Research and Public Service for implementation of the copyright policy.

  • At the written request of an aggrieved party or on the Provost's own motion, review determinations by the Vice President for Research and Public Service of ownership of a copyright.

  • Affirm, modify, or reject determinations of copyright ownership made by the Vice President for Research and Public Service, or make such determinations outright if the Vice President for Research and Public Service does not resolve the matter in a timely manner.

  • Conduct an annual review of the copyright program with the Vice President for Research and Public Service.


f. APPROVAL OF THE ESTABLISHMENT OF THE JEFFERSON SCHOLARS PROGRAM SUBSIDIARY

The President will propose the adoption of the following resolution:

WHEREAS, the University Policy on University-related Foundations requires that any related foundation seeking to establish a subsidiary acquire Board of Visitors' approval; and

WHEREAS, the Executive Vice President and Chief Financial Officer recommends that, in the best interests of the University of Virginia, the Board of Visitors approve the establishment of a wholly-owned, non-profit, non-stock, tax-exempt subsidiary to hold and administer the Jefferson Scholars Program in accordance with the terms of any gift instrument or restriction;

RESOLVED that the University of Virginia Alumni Associations ownership of the Jefferson Scholars Program Subsidiary be approved.

g. APPROVAL OF THE 1998-99 BUDGET FOR THE ACADEMIC DIVISION

The President will propose the adoption of the following resolution:

RESOLVED that the 1998-99 Budget for the Academic Division be approved, as recommended by the President and the Chief Financial Officer, and as approved by the Finance Committee.

h. APPROVAL OF THE 1998-99 BUDGET FOR CLINCH VALLEY COLLEGE

The President will propose the adoption of the following resolution:

RESOLVED that the 1998-99 Budget for Clinch Valley College be approved, as recommended by the President and the Chief Financial Officer, and as approved by the Finance Committee.

i. APPROVAL OF THE 1998-99 BUDGET FOR THE UNIVERSITY OF VIRGINIA MEDICAL CENTER

The President will propose the adoption of the following resolution:

RESOLVED that the 1998-99 Budget for the University of Virginia Medical Center, which includes a hospital room and ancillary service rate increase of 5.0 percent, be approved, as recommended by the President and the Chief Financial Officer, and as approved by the Finance Committee.

j. MEDICAL CENTER'S COMPENSATION AND BENEFITS PROGRAM

The President will propose the adoption of the following resolution:

WHEREAS, the Codified Autonomy legislation allowed the Medical Center to develop a Compensation and Benefits program aligned with the health care industry; and

WHEREAS, the Compensation and Benefits Program will have a phased implementation between July and December of 1998, to allow for orientation and education of management and staff; and

WHEREAS, the Board of Visitors reserves the right to amend these plans and to govern and manage the affairs of the University of Virginia Medical Center at all times;

RESOLVED that the Medical Center Compensation and Benefits Program Policy Statement is approved, subject to the foregoing (see Attachment A in the Docket).

k. GIFTS, GRANTS AND CONTRACTS

The President will report on Gifts, Grants, and Contracts.

l. 1999 BOARD MEETING DATES

The President will propose the adoption of the following resolution:

RESOLVED that the Board of Visitors meeting dates for 1999 are as follows:

Friday and Saturday
January 29 and 30, 1999
Charlottesville
Friday and Saturday
March 26 and 27, 1999
Charlottesville
Friday and Saturday
May 14 and 15, 1999
Charlottesville
Friday and Saturday
October 15 and l6, 1999
Charlottesville


m. MEMORIAL RESOLUTION FOR P. HUNTER FAULCONER

The President will propose the adoption of the following resolution:

WHEREAS, P. Hunter Faulconer was born in 1906, and took a Bachelor of Science from the University in 1930; and

WHEREAS, Mr. Faulconer, as an undergraduate at the University was an athlete who lettered in football, a member of the Honor Committee and an active participant in a number of organizations; and

WHEREAS, Mr. Faulconer was President of the Alumni Association, and a co-founder and President of the Virginia Student Aid Foundation; and

WHEREAS, Mr. Faulconer was appointed to the Board of Visitors by Governor Almond in 1960, and reappointed by Governor Harrison in 1964; and

WHEREAS, Mr. Faulconer served his community, the University and the Commonwealth with distinction; and

WHEREAS, Mr. Faulconer died in Charlottesville on April 12, 1998;

RESOLVED that the Board of Visitors notes with profound sadness P. Hunter Faulconer's death and expresses gratitude for his devoted service to the University.


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