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Stephen F. Austin State University Minutes of the Board of Regents Nacogdoches, Texas October 16,1990 Volume 102 INDEX Minutes of the Meeting Board of Regents Stephen F. Austin State University- Held at Nacogdoches, Texas October 16,1990 Page 91-1 Approval of Revisions to Rules and Regulations of the Board of Regents 1 91-2 Approval of Minutes of July 10, 1990, Meeting 1 91-3 Approval of Minutes of August 3, 1990, Meeting 1 91-4 Faculty/Staff Appointments for Summer, 1990 1 91-5 Change of Status for Summer, 1990 3 91-6 Faculty and Staff Appointments for 1990-91 6 91-7 Change of Status for 1990-91 17 91-8 Leaves of Absence 21 91-9 Change in Faculty Development Leave 21 91-10 Underenrolled Class Report for Summer II, 1990 22 91-11 Underenrolled Class Report for Fall, 1990 22 91-12 Faculty Workload Report for Fall, 1990 24 91-13 Curriculum Changes 24 91-14 Adoption of Policy on AIDS and HIV Virus 24 91-15 Adoption of Prevention Program Regarding Ilicit Drugs and Alcohol Abuse 24 91-16 Approval of Final Budget Positions for FY1990 Accounts 24 Page 91-17 Authorization to Re-Negotiate Food Service Contract 24 91-18 Approval of Resolution for 1978 Student Fee Revenue Bond Defeasance and Escrow Agreement 25 91-19 Approval to Renew Long Term Disability Contract 25 91-20 Approval of Resolution to Establish an Account for Health Care Claims Processing 25 91-21 Authorization to Seek Approval to Purchase Land Adjacent to Temple-Eastex Forestry Laboratory 26 91-22 Approval of Contract for Renovation of Stone Fort Museum 26 91-23 Approval of Stone Fort Museum Renovation Budget 26 91-24 Approval of Contract for Shelton Gym Roof Replacement 27 91-25 Approval of Shelton Gym Roof Replacement Budget 27 91-26 Approval of Increase in Budget for Grounds Department Storage Facility 27 91-27 Acceptance of Installation of Artificial Turf at Homer Bryce Stadium 27 Revised Rules and Regulations, Board of Regents 28 Curriculum Changes 40 Policy on AIDS and HIV Virus 45 Policy on Ilicit Drugs and Alcohol Abuse 51 Contract for Renovation of Stone Fort Museum 58 Contract for Shelton Gym Roof Replacement 78 MINUTES OF THE MEETING BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY HELD AT NACOGDOCHES, TEXAS October 16,1990 The meeting was called to order by Mrs. Peggy Wedgeworth Wright, Chairman of the Board of Regents, at 9:00 a.m., October 16,1990. REGENTS PRESENT: Senator Roy M. Blake of Nacogdoches Mr. Homer Bryce of Henderson Mr. Larry J. Christopher of Crockett Mr. Dan Haynes of Bullard Mr. Richard Hile of Jasper Mr. Kelly Jones of Arlington Mr. Wayne Salvant of Fort Worth Mr. James M. Windham, Jr. of Houston Mrs. Peggy Wedgeworth Wright of Nacogdoches STAFF PRESENT: Dr. Donald E. Bowen, President Mr. Don L. Henry, Vice President for Administrative and Fiscal Affairs Dr. Baker Pattillo, Vice President for University Affairs Dr. James V. Reese, Vice President for Academic Affairs Dr. Nancy Speck, Vice President for University Advancement Ms. Lucy Stringer, Assistant to the President and Editor of University Publications VISITORS: Dr. Kenneth Mace, Chairperson, Faculty Senate Ms. Donna McCollum, KTRE-TV Dr. Robert J. Provan, Attorney Ms. Beth Sammons, Editor, The Pine Log Ms. Jacqui Sundeen, The Daily Sentinel Mr. Chris Tiensch, President, Student Government Association MINUTES OF THE MEETING BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY October 16,1990 91-1 Upon motion of Regent Blake, seconded by Regent Jones, with all members voting aye, it was ordered that the Rules and Regulations of the Board of Regents be accepted as revised. (See page 28) 91-2 Upon motion of Regent Bryce, seconded by Regent Salvant, with all members voting aye, it was ordered that the minutes of the meeting of July 10,1990, be approved. 91-3 Upon motion of Regent Windham, seconded by Regent Hile, with all members voting aye, it was ordered that the minutes of the meeting of August 3,1990, be approved. 91-4 Upon motion of Regent Blake, seconded by Regent Christopher, with all members voting aye, it was ordered that the following faculty and staff appointments for Summer 1990 be approved. 1. Administrative Services Dr. Elizabeth Brice, Lecturer, at a salary of $100 for 100% time for two days, effective June 25,1990, due to illness of faculty member. Dr. Leland Callaway, Part-time Instructor, 60, Ed.D. (Texas Tech University), at a salary of $2,000 for 50% time for Summer II, 1990. Dr. Florence Elliott-Howard, Lecturer, at a salary of $200 for 100% time for two days, effective June 21,1990, due to illness of faculty member. 2. Communication Mr. Terry L. Bishop, Lecturer, at a salary of $1,300 for 25% time for Summer II, 1990. Dr. Jennie C. Casey, Part-time Lecturer, at a salary of $3,500 for 25% time for Summer II, 1990. Ms. Martha J. Fisher, Lecturer, 44, M.A. (Stephen F. Austin State University), at a salary of $3,500 for 50% time for Summer II, 1990. Mr. Delton McGuire, Lecturer, at a salary of $1,500 for 25% time for Summer II, 1990. 3. Early Childhood Laboratory Ms. Elizabeth Ann Goff, Infant Lead Teacher, 30, B.S. (North Texas State University), at a salary of $18,000 for 100% time for twelve months, effective June 18, 1990. Ms. Beatrice Massoth, Part-time Instructor, 50, M.A. (Stephen F. Austin State University), at a salary of $2,000 for 50% time for Summer H, 1990. 4. Economics and Finance Dr. Garland Demarcus Simmons, Assistant Professor, at a salary of $2,000 for 25% time for Summer II, 1990. 5. English and Philosophy Mr. Cydney Adams, Part-time Instructor, at a salary of $3,500 for 50% time for Summer I, 1990. Ms. Debbie Bush, Part-time Instructor, at a salary of $1,167 for 50% time for Summer II, 1990. Ms. Vickey Daley, Lecturer, at a salary of $2,333 for 100% time for Summer II, 1990. Ms. Mary Devine, Lecturer, at a salary of $2,333 for 100% time for Summer II, 1990. Ms. Mary Pierce-Daniel, Part-time Instructor, at a salary of $1,167 for 50% time for Summer II, 1990. Mr. Robert Richey, Part-time Instructor, at a salary of $1,167 for 50% time for Summer II, 1990. 6. Music Mr. Stephen D. Grugin, Assistant Professor and Associate Band Director, at a salary of $2,888 for 100% time for one month, effective August 1,1990. 7. Nursing Ms. Nancy J. Smith-Blair, Instructor, at a salary of $4,794 for 100% time for Summer II, 1990. 8. Physics and Astronomy Dr. Thomas Callaway, Professor, at a salary of $6,000 for 100% time for Summer II, 1990, to conduct research. h Dr. James Dennis, Associate Professor, at a salary of $6,011 for 100% time for Summer II, 1990, to conduct research. 9. Secondary Education Dr. Janiece T. Buck, Part-time Assistant Professor, 56, Ph.D. (University of Texas), at a salary of $2,000 for 50% time for Summer II, 1990. Dr. Carol L. Harrison, Part-time Assistant Professor, 38, Ed.D. (Texas A&M University), at a salary of $2,000 for 50% time for Summer II, 1990. 91-5 Upon motion of Regent Salvant, seconded by Regent Jones, with all members voting aye, it was ordered that the following changes of status for summer 1990 be approved. 1. Administrative Services Dr. libbyrose Clark, Assistant Professor, from a salary of $5,083 for 100% time for Summer n to no teaching assignment. 2. Computer Science Dr. Robert Strader, Assistant Professor, from a salary of $14,560 for 100% time for Summer I and II, 1990, to a salary of $10,920 for 100% time for Summer I and 50% time for Summer II, 1990. 3. English and Philosophy Mr. Boyd Douglass Dollar, Part-time Instructor, from a salary of $2,333 for 100% time for Summer I, to a salary of $2,333 for 50% time for Summer I and 50% time for Summer II, 1990. 4. Forestry Dr. Mingteh Chang, Professor, from a salary of $5,526 for 100% time for Summer 1,1990, to a salary of $11,052 for 100% time for Summer I and Summer II, 1990. Dr. Michael Fountain, Associate Professor, from a salary of $5,487 for 50% time for Summer I and 50% time for Summer II, to a salary of $8,231 for 50% time for Summer I and 100% time for Summer II, 1990. Dr. Gary Kronrad, Assistant Professor, from a salary of $5,200 for 100% time for Summer I, to a salary of $10,400 for 100% time for Summer I and II, 1990. Dr. David Kulhavy, Associate Professor, from a salary of $5,645 for 100% time for Summer I, to a salary of $11,289 for 100% time for Summer I and II, 1990. Dr. David Lenhart, Professor, from a salary of $7,172 for 100% time for Summer I, to a salary of $14,344 for 100% time for Summer I and U, 1990. Dr. Gerald Lowry, Professor, from a salary of $6,577 for 100% time for Summer I, to a salary of $13,154 for 100% time for Summer I and II, 1990. Dr. Malcolm MacPeak, Assistant Professor, from a salary of $7,291 for 100% time for Summer I and 50% time for Summer II, to a salary of $9,722 for 100% time for Summer I and II, 1990. Dr. Hershel Reeves, Professor, from a salary of $6,359 for 100% time for Summer I, to a salary of $12,719 for 100% time for Summer I and II 1990. Mr. David Tracey, Instructor, from a salary of $3,287 for 100% time for Summer I, to a salary of $6,575 for 100% time for Summer I and II, 1990. Dr. Kenneth Watterston, Professor and Assistant Dean, from a salary of $7,349 for 100% time for Summer I, to a salary of $14,497 for 100% time for Summer I and II, 1990. Dr. Montague Whiting, Associate Professor, from a salary of $5,552 for 100% time for Summer I, to a salary of $11,104 for 100% time for Summer I and II, 1990. 5. Geology Dr. Ernest Ledger, Associate Professor, from a salary of $5,408 for 50% time for Summer I and n, to a salary of $8,112 for 50% time for Summer I and 100% time for Summer II, 1990. 6. Home Economics Dr. Patsy Hallman, Professor, from a salary of $3,604 for 50% time for Summer II, to a salary of $7,208 for 100% time for Summer II, 1990. 7. Mathematics and Statistics Mr. Bobby F. Boudria, Assistant Professor, from a salary of $2,320 for 50% time for Summer II, to a salary of $4,640 for 100% time for Summer II, 1990. Mr. Robert Feistel, Instructor, from a salary of $4,333 for 100% time for Summer II, to no teaching assignment. Dr. Sandra McCune, Instructor, from a salary of $1,903 for 50% time for Summer II, to a salary of $3,806 for 100% time for Summer II, 1990. 8. Secondary Education Mr. Darryl Morris, Part-time Instructor, from a salary of $4,000 for 100% time for Summer II, to a salary of $2,000 for 50% time for Summer n 1990. 9. Administrative and Fiscal Affairs Mr. Albert Davis, Custodial Supervisor, from a salary of $17,131 for 100% time, to Co-Interim Custodial Manager at a rate of $19,631 for 100% time from July 1,1990, to August 31,1990, due to an increase in responsibility resulting from the resignation of the Custodial Manager. Mr. J. C. Patton, Custodial Supervisor, from a salary of $21,568 for 100% time, to Co-Interim Custodial Manager at a rate of $24,068 for 100% time from July 1,1990, to August 31,1990, due to an increase in responsibility resulting from the resignation of the Custodial Manager. Mr. Johnny Ray Thompson, Custodial Supervisor, from a salary of $17,276 for 100% time, to Co-Interim Custodial Manager at a rate of $19,776 for 100% time from July 1,1990, to August 31,1990, due to an increase in responsibility resulting from the resignation of the Custodial Manager. 91-6 Upon motion of Regent Christopher, seconded by Regent Hile, with all members voting aye, it was ordered that the following faculty and staff appointments for 1990-91 be approved. 1. Administrative Services Dr. Leland Callaway, Part-time Instructor, at a salary of $2,000 for 25% time for fall semester, 1990. Mr. Dan Giles, Part-time Instructor, at a salary of $3,000 for 50% time for fall semester, 1990. Ms. Carolyn Price, Part-time Assistant Professor, at a salary of $7,318 for 25% time for nine months, effective fall semester, 1990. Dr. Lindsey Whisenhant, Part-time Instructor, 28, J.D. (Texas Southern University Law School), at a salary of $1,500 for 25% time for fall semester, 1990. 2. Art Ms. Jo Ellen Carlson, Lecturer, 55, M.Ed. (Oklahoma State University), at a salary of $11,000 for 100% time for fall semester, 1990. 3. Biology Ms. Sheryl Hartz, Graduate Teaching Intern, at a salary of $13,000 for 100% time for nine months, effective fall semester, 1990. Mr. Gene Sullivan, Part-time Instructor, at a salary of $1,750 for 25% time for fall semester, 1990. 4. Chemistry Dr. Donald Ray Fulsom, Assistant Professor, 33, Ph.D. (Texas A&M University), at a salary of $29,000 for 100% time for nine months, effective fall semester, 1990. 5. Communication Mr. Gary Borders, Lecturer, 35, M.A. (University of Texas at Austin), at a salary of $2,000 for 25% time for fall semester, 1990. Dr. Jennie C. Casey, Part-time Lecturer, at a salary of $6,000 for 75% time for fall semester, 1990. Mr. Morgan C. Eldred, Part-time Instructor, 34, M.A. (University of Oklahoma), at a salary of $3,500 for 50% time for fall semester, 1990. Mr. Kenneth Kennamer, Lecturer, at a salary of $1,930 for 25% time for fall semester, 1990. Mr. Delton McGuire, Lecturer, 36, B.S. (Oklahoma Christian College), at a salary of $6,000 for 100% time for fall semester, 1990. Ms. Wanda Mouton, Lecturer, at a salary of $2,000 for 25% time for fall semester, 1990 Dr. Jean Parker, Assistant Professor, 46, Ph.D. (University of Oklahoma), at a salary of $28,000 for 100% time for nine months, effective fall semester, 1990. Mr. Gary R. Walters, Part-time Instructor, 41, B.S. (Stephen F. Austin State University), at a salary of $1,750 for 25% time for fall semester, 1990. Ms. Tammy Whitehead, Lecturer, 26, B.A. (Stephen F. Austin State University), at a salary of $3,500 for 50% time for fall semester, 1990. 6. Computer Science Dr. Regan Lee Rayburn, Lecturer, at a salary of $2,000 for 25% time for fall semester, 1990. 7. Counseling and Special Educational Programs Dr. Newel Holland, Lecturer, at a salary of $2,000 for 25% time for fall semester, 1990. Dr. Jack Nelson, Lecturer, at a salary of $1,000 for 25% time for fall semester, 1990. Ms. Ramona L. Segrest, Part-time Instructor, 58, M.Ed. (Northeast Louisiana University), at a salary of $1,500 for 25% time for fall semester, 1990. Dr. Elnita Stanley, Part-time Professor, at a salary of $4,000 for 50% time for fall semester, 1990. 8. Criminal Justice Mr. Howard Whitworth, Lecturer, 57, B.L. (University of Houston), at a salary of $1,500 for 25% time for fall semester, 1990. 9. Early Childhood Laboratory Ms. Susan K. Minick-Seward, Kindergarten Teacher, 31, B.S. (Eastern Kentucky University), at a salary of $17,000 for 100% time for 12 months, effective fall semester, 1990. 10. Economics and Finance Mr. Danny Gallant, Part-time Instructor, at a salary of $1,750 for 25% time for fall semester, 1990. Ms. Kathryn Lane, Lecturer, at a salary of $3,000 for 50% time for fall semester, 1990. Mr. William Lyon, Part-time Instructor, at a salary of $1,750 for 25% time for fall semester, 1990. Mr. Nelson Warren Miller, Jr., Part-time Instructor, at a salary of $1,500 for 25% time for fall semester, 1990. Mr. John D. Montfort, Part-time Instructor, 40, M.B.A. (University of Texas at San Antonio), at a salary of $3,500 for 50% time for fall semester, 1990. 11. Elementary Education Ms. Kathy Anderson, Part-time Instructor and Primary Teacher in the Early Childhood Laboratory, 37, M.Ed. (Stephen F. Austin State University), at a salary of $26,160 for 100% time for twelve months, effective fall semester, 1990. Ms. Annelle Barbin, Part-time Instructor, at a salary of $1,750 for 25% time for fall semester, 1990. Dr. Macra Brunson, Part-time Assistant Professor, at a salary of $14,459 for 50% time for nine months, effective fall semester, 1990. Ms. Wynter Chauvin, Part-time Instructor, 33, M.Ed. (Stephen F. Austin State University), at a salary of $3,000 for 50% time for fall semester, 1990. Ms. Becky Griffith, Part-time Instructor, at a salary of $1,500 for 25% time for fall semester, 1990. Ms. Cynthia Heckler, Part-time Instructor, at a salary of $1,500 for 25% time for fall semester, 1990. Ms. Beatrice Massoth, Lecturer, at a salary of $6,000 for 100% time for fall semester, 1990. Ms. Peggy Price, Lecturer, at a salary of $5,500 for 100% time for fall semester, 1990. Ms. Claudia G. Whitley, Part-time Instructor, at a salary of $1,500 for 25% time for fall semester, 1990. 12. English and Philosophy Mr. Cydney Adams, Part-time Instructor, at a salary of $3,500 for 50% time for fall semester, 1990. Ms. Sylvia Bierschenk, Lecturer, at a salary of $7,000 for 100% time for fall semester, 1990. Ms. Barbara Burkett, Part-time Instructor, at a salary of $7,000 for 100% time for fall semester, 1990. Dr. Royce Burton, Part-time Instructor, at a salary of $4,000 for 50% time for fall semester, 1990. Ms. Debbie Bush, Lecturer, at a salary of $7,000 for 100% time for fall semester, 1990. Ms. Vickey Daley, Lecturer, at a salary of $7,000 for 100% time for fall semester, 1990. Ms. Ouida Dean, Lecturer, at a salary of $7,000 for 100% time for fall semester, 1990. 10 Ms. Mary Devine, Lecturer, at a salary of $7,000 for 100% time for fall semester, 1990. Ms. Patricia Fortney, Teaching Intern, 26, M.S. (Stephen F. Austin State University), at a salary of $14,000 for 100% time for nine months, effective fall semester, 1990. Dr. Constance Hall, Part-time Instructor, at a salary of $4,000 for 50% time for fall semester, 1990. Ms. Sarah Jackson, Lecturer, 51, M.A. (Southern Methodist University), at a salary of $7,000 for 100% time for fall semester, 1990. Ms. Sue Parsons, Part-time Instructor, at a salary of $5,250 for 75% time for fall semester, 1990. Ms. Mary E. Pierce-Daniel, Lecturer, at a salary of $7,000 for 100% time for fall semester, 1990. Ms. Lynda K. Russell, Lecturer, at a salary of $7,000 for 100% time for fall semester, 1990. Ms. Nancy Shaffer, Part-time Instructor, at a salary of $3,500 for 50% time for fall semester, 1990. Ms. Diana Throckmorton, Lecturer, 31, M.A. (Stephen F. Austin State University), at a salary of $7,000 for 100% time for fall semester, 1990. Ms. Leann West, Part-time Instructor, at a salary of $1,750 for 25% time for fall semester, 1990. 13. Forestry Dr. Soo-wook Lee, Exchange Professor from Korea, 48, Ph.D. (University of Wisconsin at Madison), at a salary of $10,000 for ten months, effective fall semester, 1990. Dr. Paul Risk, T.L.L. Temple Chair Professor, Ph.D (Michigan State University), at a salary of $90,000 for 100% time for twelve months, effective fall semester, 1990. 14. History Ms. Hazel Abernethy, Part-time Instructor, at a salary of $3,600 for 50% time for fall semester, 1990. 11 Mr. Daniel F. Rankin, Part-time Instructor, at a salary of $1,800 for 25% time for fall semester, 1990. Mr. Ronald Spiller, Part-time Instructor, at a salary of $1,800 for 25% time for fall semester, 1990. Ms. Rhonda Williams, Part-time Instructor, 29, M.A. (Stephen F. Austin State University), at a salary of $3,600 for 50% time for fall semester, 1990. 15. Home Economics Ms. Catherine Barra, Instructor and Pre-K I Teacher for the Early Childhood Laboratory, 41, M.Ed. (Lamar University), at a salary of $22,800 for 100% time for twelve months, effective fall semester, 1990. Ms. Tammy J. Kotara, Instructor, 25, M.H.M. (University of Houston), at a salary of $20,000 for 100% time for nine months, effective fall semester, 1990. Ms. Sally Ann Swearingen, Part-time Instructor, at a salary of $7,600 for 50% time for nine months, effective fall semester, 1990. 16. Kinesiology and Health Science Dr. Barbara J. Cordell, Lecturer, 39, Ph.D. (University of Utah), at a salary of $2,000 for 25% time for fall semester, 1990 . Mr. Wayne Jacobs, Lecturer, at a salary of $5,000 for 83% time for fall semester, 1990. Dr. George R. Taylor, Assistant Professor, 38, Ed.D. (Texas A&M University), at a salary of $23,500 for 100% time for nine months, effective fall semester, 1990. 17. Library Mr. Wade Carter, Librarian I, 37, M.L.S. (University of North Texas), at a salary of $18,725 for 100% time for nine months, effective fall semester, 1990. 18. Management and Marketing Dr. Richard Ballenger, Part-time Instructor, at a salary of $3,500 for 50% time for fall semester, 1990. 12 Mr. Thomas Hebert, Lecturer, at a salary of $3,458 for 100% time for one and one-half months, effective September 17, 1990. Mr. William G. Krause, Lecturer, at a salary of $9,000 for 100% time for fall semester, 1990. Ms. Kathryn Lane, Lecturer, at a salary of $6,000 for 50% time for fall semester, 1990. Mr. Johnny Long, Lecturer, at a salary of $21,840 for 100% time for fall semester, 1990. 19. Mathematics and Statistics Mr. Charles E. Blanchard, Lecturer, 51, M.S. (University of Southwestern Louisiana), at a salary of $20,000 for 100% time for nine months, effective fall semester, 1990. Mr. Harold Bunch, Part-time Assistant Professor, at a salary of $14,200 for 100% time for fall semester, 1990. Mr. David W. Carter, Lecturer, 29, M.A. (Sam Houston State University), at a salary of $19,500 for 100% time for nine months, effective fall semester, 1990. Dr. Robert Fleet, Lecturer, at a salary of $8,000 for 100% time for fall semester, 1990. Mr. Joseph Gaut, Lecturer, at a salary of $9,250 for 100% time for fall semester, 1990. This includes an overload class. Mr. Hossein Hosseinpour, Lecturer, at a salary of $9,250 for 100% time for fall semester, 1990. This includes an overload class. Ms. Vicky Lymbery, Lecturer, at a salary of $4,150 for 50% time for fall semester, 1990. Ms. Jane Shepard, Lecturer, at a salary of $20,476 for 100% time for nine months, effective fall semester, 1990. Mr. Benjamin Sultenfuss, Lecturer, at a salary of $7,400 for 100% time for fall semester, 1990. Ms. Ellen T. Wood, Lecturer, at a salary of $20,476 for 100% time for nine months, effective fall semester, 1990. 13 20. Modern Languages Ms. Melissa J. Miller, Part-time Instructor, at a salary of $5,600 for 100% time for fall semester, 1990. Dr. Robert Norris, Part-time Instructor, at a salary of $1,650 for 25% time for fall semester, 1990. 21. Music Ms. Diana Allan, Lecturer Intern, at a salary of $18,000 for 100% time for nine months, effective fall semester, 1990. Mr. Dennis Bell, Part-time Lecturer, at a salary of $2,290 for 25% time for fall semester, 1990. Ms. Helen Blackburn, Lecturer, at a salary of $19,000 for 100% time for nine months, effective fall semester, 1990. Mr. Karl Hovey, Part-time Lecturer, 32, B.M. (University of North Texas), at a salary of $4,200 for 50% time for fall semester, 1990. Mr. Jan McDaniel, Lecturer, at a salary of $18,000 for 100% time for nine months, effective fall semester, 1990. Mr. Wayne L. Montag, Part-time Instructor, 36, M.M. (Michigan State University), at a salary of $10,500 for 50% time for nine months, effective fall semester, 1990. Ms. Linda Parr, Part-time Lecturer, at a salary of $3,500 for 50% time for fall semester, 1990. 22. Nursing Ms. Linda Cooper, Lecturer, 40, B.S.N. (Stephen F. Austin State University), at a salary of $28,000 for 100% time for nine months, effective fall semester, 1990. Ms. Ellen Mary Duke, Instructor, 31, M.S.N. (University of Texas Health Science Center), at a salary of $15,000 for 100% time for fall semester, 1990. 23. Physics and Astronomy Dr. John P. Decker, Part-time Professor, at a salary of $20,283 for 50% time for nine months, effective fall semester, 1990. 14 Dr. James Dennis, Part-time Associate Professor, at a salary of $4,508 for 25% time for spring semester, 1991. 24. Political Science and Geography Dr. Joe Ellis Ericson, Part-time Professor, at a salary of $19,696 for 50% time for nine months, effective fall semester, 1990. Dr. Harry Hoechten, Lecturer, at a salary of $6,240 for 75% time for fall semester, 1990. 25. Psychology Mr. Richard Mendola, Part-time Instructor, at a salary of $1,800 for 25% time for fall semester, 1990. Ms. Donna Moore, Part-time Instructor, at a salary of $1,900 for 25% time for fall semester, 1990. Ms. Donna Teafatiller, Part-time Instructor, at a salary of $1,800 for 25% time for fall semester, 1990. 26. Secondary Education Dr. Allan G. Cannon, Part-time Instructor, at a salary of $4,000 for 50% time for fall semester, 1990. Mr. Darryl Morris, Lecturer, at a salary of $2,000 for 25% time for fall semester, 1990. Dr. Morgan Moses, Part-time Professor, at a salary of $19,125 for 50% time for nine months, effective fall semester, 1990. Mr. Malcolm Rector, Part-time Instructor, at a salary of $4,000 for 50% time for fall semester, 1990. Dr. George Thompson, Part-time Professor, at a salary of $12,147 for 50% time for fall semester, 1990. 27. Social Work Ms. Kathleen Belanger, Part-time Instructor, at a salary of $3,500 for 50% time for fall semester, 1990. Ms. Gwendolyn Cunningham, Part-time Instructor, at a salary of $3,500 for 50% time for fall semester, 1990. 15 Mr. Ray T. Johnston, Part-time Instructor, at a salary of $1,500 for 25% time for fall semester, 1990. Mr. Roger B. McNellie, Part-time Instructor, at a salary of $1,750 for 25% time for fall semester, 1990. Dr. Robert Norris, Part-time Instructor, at a salary of $2,000 for 25% time for fall semester, 1990. Mr. Arlyn Vierkant, Part-time Instructor, at a salary of $5,250 for 75% time for fall semester, 1990. 28. Sociology Ms. Marina Blagojevic1, Visiting Assistant Professor, at a salary of $12,500 for 100% time for spring semester, 1991. Mr. Bailey Nations, Lecturer, at a salary of $1,750 for 25% time for fall semester, 1990. 29. Theatre Ms. Juanita Finkenberg, Part-time Instructor, 40, M.A. (California State University), at a salary of $1,500 for 25% time for fall semester, 1990. Ms. Gem E. Holt, Part-time Lecturer, at a salary of $1,500 for 25% time for the fall semester, 1990. Dr. Alan Nielsen, Assistant Professor, 44, Ph.D. (City University of New York), at a salary of $26,000 for 100% time for nine months, effective fall semester, 1990. 30. Applied Studies Faculty members with on-campus assignments are routinely assigned, as needed, to teach field-based, off-campus courses. Faculty are compensated for teaching courses away from the campus through a formula approved by the Board of Regents which includes a payment for the travel time necessary for delivering the course, as well as a stipend for teaching the course. Courses taught in correctional institutions also carry a small additional stipend. Occasionally, individuals teaching part-time on campus will receive a proportional part of their regular salary plus the extra compensation for delivering off-campus courses. The following faculty are teaching for the fall semester, 1990, at the location, and for the salary indicated. 16 Mr. James Bowman Coffield Unit $1,214 Dr. Royce Burton Coffield Unit 2339 Mr. Thomas Dunn Coffield Unit 4,214 Dr. Ralph Eddins Jasper 1,448 Dr. William Heeney Humble 1,540 Dr. Harold Hill Long view 1,436 Dr. Jerry Irons Longview and Coordinator (all off-campus programs) 1,936 Dr. Samir Maamary Humble 1,040 Dr. Bennat Mullen Humble 1^540 Dr. Milton Payne Lufkin 838 Dr. Hugh Prewitt Humble 1,540 Mr. Jesse Richardson Coordinator for Michael and Coffield Units 1,339 Dr. Jose Rodriguez Fairfield 1,488 Dr. John Thornton Humble 1,540 Mr. Arlyn Vierkant Coffield Unit 2^589 31. General Counsel Mr. Scott Chafin, General Counsel, at a salary of $65,000 for twelve months, effective November 5, 1990. 32. University Affairs Ms. Loree Carpenter, Assistant Athletic Trainer, at a salary of $24,526 for ten and one-half months, effective September 1, 1990. Ms. Susan Donohoe, Assistant Basketball Coach for Women, at a salary of $32,000 for ten and one-half months, effective July 6, 1990. Mr. Matthew Fenley, Assistant Athletic Director for Academics and Compliance, at a salary of $38,000 for twelve months, effective September 17,1990. Mr. Gregg Fort, Sports Information Director, at a salary of $20,000 for twelve months, effective July 16,1990. Dr. Sydney Garrett, University Physician, at a salary of $52,418 for ten and one-half months, effective September 4, 1990. Ms. Virginia Gleghorn, Counselor, at a salary of $22,050 for twelve months, effective August 16, 1990. Mr. William J. Hill, Men's Golf Coach, at a salary of $18,000 for nine months, effective September 1, 1990. 17 Dr. Ray Johnson, Director of University Health Services, at a salary of $70,000 for twelve months, effective July 10, 1990. Mr. Charles Lopez, Student Employment Officer, at a salary of $14,895 for twelve months, effective July 9,1990. Ms. Barbara Parker, Placement Coordinator, at a salary of $22,050 for twelve months, effective August 1, 1990. Ms. Julia Thomas, Assistant Basketball Coach and Instructor of Kinesiology, at a salary of $27,000 for ten and one-half months, effective July 6,1990. 91-7 Upon motion of Regent Bryce, seconded by Regent Christopher, with all members voting aye, it was ordered that the following changes of status for 1990-1991 be approved. 1. Communication Dr. Jerry K. Frye, from Professor and Chairman, to Professor at a salary of $57,120 for eleven months, effective fall semester, 1990. Mr. Miles McCall, from Lecturer at a salary of $20,000 for 100% time for nine months, to Assistant Professor at a salary of $26,000 for 100% time for nine months, effective fall semester, 1990. Dr. Robert T. Ramsey, from Associate Professor at a salary of $40,861 for 100% time for nine months, to Interim Chairman and Associate Professor at a salary of $41,311 for 100% time for fall semester, 1990 and Associate Professor only for 100% time for spring semester, 1991. 2. Counseling and Special Educational Programs Dr. Frank Brister, Associate Professor, an additional $1,000 for teaching an overload for fall semester, 1990. Dr. Bruce Payette, Associate Professor, an additional $1,000 for teaching an overload for fall semester, 1990. Ms. Marietta Yeates, Instructor, an additional $1,000 for teaching an overload for fall semester, 1990. 3. Early Childhood Laboratory 18 Ms. Brenda Lynn Bales, from Kindergarten Teacher, to Primary Teacher at a salary of $17,000 for 100% time for twelve months, effective fall semester, 1990. Ms. Lisa R. Mize, from Master Pre-K I Teacher at a salary of $20,000 for 100% time for twelve months, to Instructor of Home Economics at a salary of $21,000 for 100% time for nine months, effective fall semester 1990. Ms. Susan Nelson, from Administrative Assistant at a salary of $18,087 for 100% time, to Part-time Instructor of Home Economics and Director of the Early Childhood Laboratory, at a salary of $29,000 for 100% time for twelve months, effective fall semester,1990. Ms. Sandra K. Roe, from Part-time Instructor and Master Pre-K I Teacher for the Early Childhood Laboratory at a salary of $20,500 for 100% time for twelve months, to a salary of $23,000 for 100% time for twelve months, effective fall semester, 1990. This represents a salary increase necessary to be competitive with salaries offered by public schools. 5. Elementary Education Ms. Cheryl Athey, from Part-time Instructor and Master Kindergarten Teacher for the Early Childhood Laboratory at a salary of $25,508 for 100% time for twelve months, to a salary of $28,300 for 100% time for twelve months, effective fall semester, 1990. This represents a salary increase necessary to be competitive with salaries offered by the public schools. 6. English and Philosophy Ms. Barbara Burkett, from Part-time Instructor at a salary of $5,250 for 75% time for fall semester, 1990, to Lecturer at a salary of $7,000 for 100% time for fall semester, 1990. 7. Geology Dr. Marvin Carey Crocker, Jr., from Professor at a salary of $39,035 for 100% time for nine months, to Professor and Interim Chairman at a salary of $47,291 for 100% time for ten and one-half months, effective fall semester, 1990. Dr. William P. Roberts, from Professor and Chairman at a salary of $54,103 for 100% time for eleven months, to Professor at a salary of $44,266 for 100% time for nine months, effective fall semester, 1990. 19 8. Home Economics Dr. Patsy Hallman, Professor, an additional $2,000 for teaching an overload for fall semester, 1990. 9. Management and Marketing Dr. Joe Ballenger, from Assistant Professor at a salary of $35,847 for 100% time for nine months, to a salary of $17,924 for 100% for the spring semester, 1991. He will be teaching in Korea as an Exchange Professor during the fall semester, 1990. 10. Mathematics and Statistics Mr. Charles Blanchard, Lecturer, an additional $2,500 for teaching an overload for fall semester, 1990. Mr. David W. Carter, Lecturer, an additional $2,437.50 for teaching an overload for fall semester, 1990. Dr. Robert Fleet, Lecturer, an additional $2,000 for teaching an overload for fall semester, 1990. Ms. Jane Shepard, Lecturer, an additional $2,559.50 for teaching an overload for fall semester, 1990. Benjamin Sultenfuss, Lecturer, an additional $1,850 for teaching an overload for fall semester, 1990. Ms. Ellen Wood, Lecturer, an additional $2,559.50 for teaching an overload for fall semester, 1990. 11. Modern Languages Dr. Olin Newton, Professor, from a salary of $36,931 for 100% time for nine months, to a salary of $37,831 for 100% time for nine months, effective fall semester, 1990. 12. Music Ms. Diana Allan, Lecturer Intern, an additional $2,310 for teaching an overload for fall semester, 1990. 20 Mr. Wayne Montag, Part-time Instructor, an additional $1,750 for teaching an overload for fall semester, 1990. 13. Physics and Astronomy Dr. John P. Decker, Professor, from a salary of $20,283 for 50% time for nine months, to a salary of $20,283 for 100% time for fall semester, 1990. 14. Administrative and Fiscal Affairs Ms. Wanda J. High tower, Accounting Assistant, from a salary of $15,946 for 100% time for twelve months, to Accounting Assistant, at a salary of $16,743 for 100% time for twelve months, effective September 1, 1990. This is to correct an error in the printed budget. Ms. Linda S. Honea, Accounting Clerk II, from a salary of $11,432 for 100% time for twelve months to Accounting Clerk II at a salary of $12,004 for 100% time for twelve months effective September 1, 1990. This is a merit increase not reflected in the printed budget. Mr. Albert Davis, from Co-Interim Custodial Manager to Custodial Supervisor, at a salary of $19,631 for 100% time effective September 1, 1990. This change results from a permanent redistribution of responsibility in custodial management. Mr. J. C. Patton, from Co-Interim Custodial Manager to Custodial Supervisor, at a salary of $24,068 for 100% time effective September 1, 1990. This change results from a permanent redistribution of responsibility in custodial management. Mr. Johnny Ray Thompson, from Co-Interim Custodial Manager to Custodial Supervisor, at a salary of $19,776 for 100% time effective September 1, 1990. This change results from a permanent redistribution of responsibility in custodial management. Ms. Betty Jacks, from Buyer at a salary of $14,250 for 100% time to Assistant Director of Inventory at a salary of $21,500 for 100% time, effective September 1, 1990. Ms. Diana Boubel, from Interim Director of Purchasing at a salary of $30,000 for 100% time to Director of Purchasing and Inventory at a salary of $36,000 for 100% time, effective September 1, 1990. 15. Affirmative Action 21 Dr. Richard Voigtel, Professor and Chair of the Department of Counseling and Special Educational Programs, Director of Handicapped Student Services, and Director of Affirmative Action to Professor and Chair of the Department of Counseling and Special Educational Programs and Director of Handicapped Student Services, effective September 1, 1990. This is a change in title only due to the relocation of affirmative action responsibilities. 16. University Affairs Ms. Mary Bostwick, Counselor, from a salary of $22,000 to a salary of $25,000 for twelve months, effective September 1, 1990. Dr. Oren Irion, University Physician, an additional salary of $691.20, effective July 23, 1990, to provide Health Services coverage during the director's transition. Dr. Janice Ledet, University Physician, an additional salary of $2,304, effective July 16, 1990, to provide Health Services coverage during the director's transition. Mr. George C. Allen, Assistant Athletic Director of Student Services at a salary of $38,000 for 100% time, to Assistant Director of Off-Campus Programs and Continuing Education for 100% time at a salary of $38,000 for 10.5 months, effective September 1, 1990. 91-8 Upon motion of Regent Windham, seconded by Regent Blake, with all members voting aye, it was recommended that the following leaves of absence be granted. 1. Biology Dr. Elray S. Nixon, Professor, effective fall semester, 1990 for medical reasons. 2. English and Philosophy Dr. Bruce V. Roach, Associate Professor, effective June 5,1990 for medical reasons. 91-9 Upon motion of Regent Bryce, seconded by Regent Salvant, with all members voting aye, it was ordered that the following faculty development leave change be approved. 22 Dr. John W. Dahmus, Professor of History, from fall semester, 1990, to spring semester, 1991. 91-10 Upon motion of Regent Haynes, seconded by Regent Hile, with all members voting aye, it was ordered that the following underenrolled classes be approved for Summer II, 1990. 1. SED 322 - Curriculum Organization/Instruction Enrollment: 6 Required course to keep proper sequence. 2. CJS 550 - Problems in Criminal Justice Enrollment: 1 Required for graduation. 91-11 Upon motion of Regent Hile, seconded by Regent Haynes, with all members voting aye, it was ordered that the following underenrolled classes be approved for the fall semester, 1990. 1. ELE 381 - Methods of Teaching Science Enrollment: 9 Cross-listed course (interdepartmental). 2. ELE 382 - Methods of Teaching Social Studies Enrollment: 8 Cross-listed course (interdepartmental). 3. SED 404 - Instructional Methods and Strategies Enrollment: 7 Required course to keep proper sequence. 4. SED 409 - The Secondary School Student Enrollment: 7 Required course to keep proper sequence. 5. MTH 301 - Computer Mathematics Enrollment: 5 Required for graduation. 6. PHY 242 - Technical Physics II Enrollment: 8 23 Required course to keep proper sequence. 7. PHY 242L - Technical Physics H Lab Enrollment: 8 Required course to keep proper sequence. 8. MTC 252 - Aural Skills IV Enrollment: 9 Required course to keep proper sequence. 9. MUP 537 - Lab Band Enrollment: 2 Required course to keep proper sequence. 10. CJS 550 - Problems in Criminal Justice Enrollment: 4 Required course to keep proper sequence. 11. CSC 565 - Computer Architecture Enrollment: 3 Required for graduation. 12. ART 420 - Printmaking II Enrollment 8 Required for graduation. 13. ART 486 - Baroque Art Enrollment: 7 Required for graduation. 14. FOR 448 - Range Management Enrollment: 6 Cross-listed course (interdepartmental). 15. GEO 439 - Petroleum Geology Enrollment: 4 Cross-listed course (interdepartmental). 16. GEO 443 - Optical Mineralogy Enrollment: 8 Cross-listed course (interdepartmental). 17. FRE 209 - Intermediate French Conversation Enrollment: 8 Required for graduation. 18. FRE 303 - Advanced Grammar and Composition 24 Enrollment: 6 Required course to keep proper sequence. 19. GER 304 - Main Currents of German Literature Enrollment: 9 Required course to keep proper sequence. 20. SPA 426 - Spanish Literature of the Golden Age Enrollment: 8 Required for graduation. 91-12 Upon motion of Regent Salvant, seconded by Regent Christopher, with all members voting aye, it was ordered that the faculty workload report for the fall semester, 1990, be approved by the Chairman of the Board when it is completed and certified by the Vice President for Academic Affairs. 91-13 Upon motion of Regent Windham, seconded by Regent Hile, with all members voting aye, it was ordered that the curriculum changes as presented on page 40 be approved. 91-14 Upon motion of Regent Haynes, seconded by Regent Salvant, with all members voting aye, it was ordered that the policy on AIDS and HIV virus, as presented on page 40 be adopted. 91-15 Upon motion of Regent Blake, seconded by Regent Christopher, with all members voting aye, it was ordered that the prevention program regarding illicit drugs and alcohol abuse, as presented on page 51, be approved. 91-16 Upon motion of Regent Bryce, seconded by Regent Blake, with all members voting aye, it was ordered that the final budget positions of all FY 1990 accounts be approved as presented in the pre-closing report. 91-17 Upon motion of Regent Bryce, seconded by Regent Christopher, with all members voting aye, it was ordered that the administration be authorized to 25 re-negotiate the agreement between the University and ARASERVE, Inc., dated January 30, 1986, as amended, for a five-year period beginning with the fall semester 1991-1992 and the agreement be presented to the Board at the January, 1991, meeting. 91-18 Upon motion of Regent Blake, seconded by Regent Hile, with all members voting aye, it was ordered that the proposal for the defeasance of the 1968 Student Fee Revenue Bonds, the resolution authorizing the defeasance and the escrow agreement be approved and the Chairman of the Board be authorized to sign the necessary documents. 91-19 Upon motion of Regent Haynes, seconded by Regent Christopher, with all members voting aye, it was ordered that the contract for long term disability with Teachers Insurance and Annuity Association/College Retirement Equity Fund, New York, New York, be renewed at the rate of $.51 per $100 of monthly pay for the contract year November 1,1990, through October 31,1991, and the Chairman of the Board be authorized to sign the agreement. 91-20 Upon motion of Regent Hile, seconded by Regent Windham, with all members voting aye, it was ordered that the following resolution to establish an account with NCNB-Houston for processing University employee health care claims be approved. Be It Resolved that an account styled Stephen F. Austin State University Health Plan shall be established with Bank under the terms of Bank's Deposit Agreement, a copy of which has been supplied to Organization, and as hereafter amended, wherein may be deposited any of the funds of Organization, whether represented by cash, checks, notes, or other evidences of debt, and from which deposit withdrawals are hereby authorized in the name of Organization, by any one (1) of the following persons: Joseph P. Crowley, PALICO Kent Lamb, PALICO Donald E. Bowen,SFASU Endorsements for deposit may be evidenced merely by the name of Organization being written or stamped on the instrument deposited, without designation of the party making the endorsement. 26 Be it Further Resolved, that the said bank is hereby authorized to honor any and all withdrawal items against Organization's funds although payable to the person or agent signing or countersigning the same and whether presented for establishment or for credit to the personal account of such person or agent or any other person and Bank need make no inquiry concerning such items and/or the disposition of the money, items or credit given therefor, items payable to Organization which are not offered for deposit may be endorsed by the persons designated above in the number specified to withdraw funds on behalf of Organization. This authorization to sign checks or other orders of withdrawal is to continue in full force until Bank receives notice in writing to the contrary. 91-21 Upon motion of Regent Haynes, seconded by Regent Bryce, with all members voting aye, it was ordered that the administration be authorized to seek approval from the Texas Higher Education Coordinating Board to purchase two parcels of land adjacent to the Temple-Eastex Forestry Laboratory (those being parcels of 72.25 acres of federal land and 103.86 acres of land owned by Sabine Investment Company) for a total amount not to exceed the appraised value and pending approval from the Coordinating Board, that the administration be authorized to negotiate the purchase of the property, and that the Chairman of the Board be authorized to sign the purchase documents. 91-22 Upon motion of Regent Blake, seconded by Regent Salvant, with all members voting aye, it was ordered that the bid for renovation of the Stone Fort Museum from J. E. Kingham Construction Co., Inc., Nacogdoches, Texas, for $247,890 be accepted and the Chairman of the Board be authorized to sign the contract as presented on page 58. 91-23 Upon motion of Regent Hile, seconded by Regent Haynes, with all members voting aye, it was ordered that the budget for the renovation of the Stone Fort Museum of $290,390 be approved as follows. TOTAL BUDGET $290,390 27 91-24 Upon motion of Regent Bryce, seconded by Regent Hile, with all members voting aye, it was ordered that the bid for Shelton Gym Roof Replacement from Carney Roofing Company of Nacogcoches for $120,276, be accepted and the Chairman of the Board be authorized to sign the contract as presented on page 78. 91-25 Upon motion of Regent Bryce, seconded by Regent Hile, with all members voting aye, it was ordered that the budget for the Shelton Gym Roof Replacement be approved as follows: Construction Costs $120,376 Architects and Engineering Fees $ 9,200 Administrative Costs $ 1,000 TOTAL BUDGET $130,576 91-26 Upon motion of Regent Windham, seconded by Regent Bryce, with all members voting aye, it was ordered that the budget for the construction of the Grounds department storage facility be increased from $42,000 to $51,467 and the President be authorized to sign the purchase order for the Kingham Construction Company bid of $51,467 for this project. 91-27 Upon motion of Regent Bryce, seconded by Regent Blake, with all members voting aye, it was ordered that the installation of artificial turf at Homer Bryce Stadium be accepted subject to completion of the punch list, painting touch-ups for the current season, and restriping the field prior to the 1991 season. It was further ordered that the release of retainage funds will be subject to the completion of all of the above noted items. 28 RULES AND REGULATIONS BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY 1. Composition of Board The Board of Regents, Stephen F. Austin State University, is composed of nine members who are appointed by the Governor of Texas, with the advice and consent of the Senate. Three members of the Board are appointed biennially to serve for terms of six years. The Board is charged with the responsibility of performing those duties which are delegated to it by the Legislature. The Board has no authority except as delegated to it by law. Knowledge of the limitations of its authority is imputed to all persons, firms and corporations dealing with the Board. 2. Setting of Meetings The Board of Regents shall convene annually in Nacogdoches, Texas, in the month of April, which meeting shall be known as the Annual Meeting. All meetings of the Board shall conform to the terms of the Texas Open Meetings Act, V.T.C.S., art. 6252-17. Regular meetings of the Board shall be held quarterly at such time and place as a majority of the Board shall determine. Special meetings of the Board may be called by the Chairman, or by a majority of the members of the Board. Telephone conference meetings may be called when circumstances dictate that immediate action would be in the best interest of the University or when it is difficult or impossible to convene a quorum in a single location. Telephone conference meetings shall be restricted to special meetings of the Board. All meetings of the Board of Regents shall be open to the public. Executive sessions of the Board may be held with the consent of a majority of those members present and as authorized by law. A majority of the members of the Board shall constitute a quorum. Proxies shall not be recognized. No formal action shall be taken by the Board in the absence of a quorum. 29 3. Designation of Officers The Officers of the Board shall include a Chairman, a Vice Chairman, a Secretary, and such other officers as may from time to time be elected or appointed. 4. Election of Chairman and Authorization of Duties At the January Meeting of the Board, and as the last order of business after the meeting has been called to order, there shall be elected from the membership of the Board a Chairman, who shall take office upon the Annual Meeting being called to order, and who shall serve until the next Annual Meeting. No member shall serve more than two consecutive terms as Chairman unless the members shall re-elect such member for each term after the two consecutive terms by a vote of at least six (6) members. No member whose appointment on the Board expires prior to the completion of his/her term as Chairman shall be considered for election to that office. In the event of a Chairman's death or resignation, the Vice Chairman shall serve as Chairman of the Board until the next Annual Meeting. The Chairman of the Board shall preside at all meetings of the Board which he/she attends. He/she will be responsible for the agendas of the meetings of the Board. He/she shall have the authority to call special meetings of the Board, as herein provided. He/she shall be an ex officio member of all committees of the Board. He/she shall deliver to each new Board member immediately upon such person's appointment by the Governor a copy of the Regents' Rules and Regulations and a copy of the organization of principal administrative offices of the University. Parliamentary procedure in Board meetings will conform to Robert's Rules of Order Revised when not in conflict with Board rules. The Chairman shall, in the name of the Board, formally execute all contracts and documents authorized by resolutions of the Board, and perform such other duties as are generally imposed on a Chairman of a Board. 30 5. Election of a Vice Chairman and Authorization of Duties A Vice Chairman shall be elected from the membership of the Board immediately following the election of a Chairman and shall take office upon the Annual Meeting being called to order and who shall serve until the next Annual Meeting. No member shall serve more than two consecutive terms as Vice Chairman unless the members shall re-elect such member for each term after the two consecutive terms by a vote of at least six (6) members. The Vice Chairman shall preside over meetings of the Board in the absence of the Chairman, and shall succeed to the rights and powers of the Chairman in the event he/she is absent from the state or is unable to act because of disqualification, or because of physical disability as determined by the Board. The Vice Chairman shall perform such other duties as may be delegated to him/her by the Board. In the event of the death or resignation of a Vice Chairman, the Board shall, - as soon as practical thereafter, elect a successor from the membership of the Board to serve until the next Annual Meeting. 6. Election of Secretary and Authorization of Duties The Board shall select a Secretary who is not a member of the Board, who shall be responsible to the Board and serve at its pleasure. The Secretary shall make preparation for all meetings of the Board, including such notices as are required by law. The Secretary shall attend and keep accurate records of all open meetings of the Board. He/she shall notify all parties affected by the actions of the Board. He/she shall be custodian of all records of the Board and all documentary files thereof, and of all bonds made to the Board and of the official seals of the University, and shall sign and attest with said seals all certifications of the acts of the Board and all documents, certificates, deeds, contracts, and other like instruments authorized by the Board. He/she shall keep the official copy of the Regents' Rules and Regulations. Said copy shall contain all current rules and regulations as set by the Board of Regents. Any changes or additions thereto shall be entered in the official copy and such changes and additions shall be furnished members of the Board and officers of the University as designated by the President. 31 7. Committees of the Board The Chairman of the Board shall appoint at the Annual Meeting of the Board of Regents all committee members and shall designate a chairman of each committee except as otherwise provided herein. 7.1 The Executive Committee shall consist of the Chairman of the Board, the Vice Chairman of the Board, and one other member appointed by the Chairman. Two members present shall constitute a quorum. The Chairman of the Board shall serve as chairman of this committee. This committee shall review and make recommendations to the full Board on any matter related to the governance, control and direction of the policies of the University. 7.2 The Academic and Student Affairs Committee shall consist of three members. This Committee shall consider: (1) the curricula of the various schools and departments of the University with any other matters dealing with academic programs and the progress thereof; (2) the research programs within the University and their relationship to all graduate education; (3) student affairs within the University; (4) personnel matters within the University. The Committee shall summarize facts and present alternatives as necessary. 7.3 The Building Committee shall consist of three members. This committee shall consider: (1) use and occupancy of University property; (2) planning of, locating of, receiving bids for, awarding contracts for, construction of, and maintenance of buildings, utilities, and other physical facilities of the campus. The Committee shall summarize facts and present alternatives as necessary. 7.4 The Finance Committee shall consist of three members. This Committee shall consider: 32 (1) the budgeting and appropriations request processes; (2) all requests for appropriations and budgets covering expenditures of educational and general funds and auxiliary programs, including, but not limited to, the dormitory system, athletic department, bookstore; (3) handling of University funds, depositories, etc., whether from appropriated or contributed funds. The Committee shall summarize facts and present alternatives as necessary. 7.5 The Nominating Committee shall consist of three members. This committee shall be appointed annually at the October Meeting by the Chairman for the purpose of nominating Board officers for election at the January Meeting. 7.6 The Chairman of the Board and/or not less than six members thereof at a meeting of the Board of Regents may at any time appoint special committees, name the members thereof and designate the chairmen. Any special committee so created shall be temporary and shall be charged in writing as to its particular duties and functions and the period in which it is to serve. Action by the Chairman of the Board and/or six such members will be required to extend this period. 8. Prohibiting Contracting with Board Members The Board of Regents shall approve no contract or agreement of any character in which a member of the Board, directly or indirectly, has a pecuniary interest. The provisions of V.T.C.S., art. 6252-9 shall be observed in every instance. 9. Election of University President The Board of Regents shall, at its Annual Meeting, elect the President of the University. The President of the University shall be elected for a term of one year effective on the date and at a salary designated in the appointing order. In case a change in the presidency is made, the Board will accept for consideration suggested nominations from a screening committee representing the Board, the faculty, the 33 Alumni Association, the community, and the student body, which committee shall be appointed by the Board, The President of the University shall be charged with the responsibility of developing and maintaining efficiency and excellence within the University. He/she shall be answerable only to the Board of Regents for his/her actions. The President shall have discretionary powers broad enough to promote the effective administration of the institution and to deal with emergencies which may arise between Board meetings. The President of the University shall be prepared to make recommendations to the Board of Regents on institutional matters which require approval of the Board. 10. Authorization for University President to Nominate Faculty and Staff The President of the University shall nominate annually to the Board of Regents the employment of such faculty members, administrators, and other personnel who, in his/her opinion, will serve the best interests of the institution. All nominations for employment or re-employment shall be in writing and shall state the name of the nominee, as well as academic accomplishments if the nominee is proposed for a faculty or an administrative position. No religious or racial test shall be required as a qualification for employment. The Board of Regents shall have the power to appoint and to remove the President, any faculty member, or other employee of the University when in its judgment, the interest of the University shall require it, and it shall fix the respective salaries and duties of such officers and employees. At its Annual Meeting the Board of Regents shall elect and employ members of the faculty, administration and all other personnel. All such appointments and contracts of employment shall be for a term of one year, and each appointee shall be so advised by the President of the University. Commensurate with the aspirations and ideals of the University, the Board of Regents strongly desires to maintain and encourage learned faculties who, by precept and example, will, with distinction, instruct and inspire their students and reflect credit upon their institution. 34 A vacancy which occurs in the faculty or administration at the University may be filled by interim appointment by the President of the institution, subject to subsequent Board approval. 11. Authorization for University President to Suspend Faculty and Staff Without prior notice or hearing, the President of the University may suspend without pay and immediately remove from the University or assign to other duties with pay, any employee that: (1) poses a continuing danger to persons or property; (2) disrupts the orderly operation of the University; (3) endangers the education of students; (4) has been convicted by a trial court of any felony or a crime of moral turpitude. In such cases, the President shall set a hearing before the appropriate administrator or committee on the employee's case as soon thereafter as is practical unless otherwise waived by the employee. 12. Report or Agenda for Meetings At all regular or special meetings of the Board, the President of the University shall submit a President's Report in writing. Such reports shall follow a uniform format approved by the Board and be bound and tabulated by sections, with the proposed form of recommended Board orders set out in the first section of the report, followed by sections on faculty and staff, budgetary items, contracts, curriculum, miscellaneous items and explanation. The latter section of the report shall set forth in reasonable detail an explanation of each proposed Board order or recommendation. All Board orders proposed in a President's Report shall be drafted with clarity and brevity to reflect, without the need to refer to extraneous sources, the precise action ordered by the Board in each instance. The drafting of multifarious orders for Board consideration shall be avoided. A copy of the President's Report shall be submitted to all members of the Board and the Secretary at least ten days in advance of a meeting of the Board. 35 13. Order of Business All regular and special meetings of the Board of Regents shall be as follows unless the Chairman otherwise directs: A. Invocation B. Approval of the minutes of the preceding meeting C Reports of standing committees D. Reports of special committees E. Other business F. Adjournment 14. Appearance Before the Board The Chairman of the Board of Regents or the President may invite individuals to appear before the Board or one of its committees for specific purposes. Other individuals or group representatives, such as the Chairman of the Faculty Senate or the President of the Student Government Association, wishing to appear before the Board shall file a written request with the President at least seven working days before the appropriate meeting. The written request shall include a statement of the purpose for which an appearance is requested, the nature of the information to be presented and the names of those who will speak to the Board. The President will submit the request to the Chairman of the Board, who will grant the request, deny the request or provide for an appearance before an appropriate committee of the Board. The individual making the request shall be notified of the Chairman's decision, by the President. 15. Annual Budget for University Operations The President shall prepare and submit annually to the Board at its April or July meeting, as specified each year by the Board, a proposed budget for the operation of the institution for the next fiscal period. Copies of all proposed operating budgets shall be submitted in writing to all members of the Board at least one week in advance of such meeting of the Board. 36 16. Monthly Financial Report of University Operations The President of the University shall submit a Monthly Operating Statement to the members of the Board, on or before the fifteenth day of each month, showing as of the last day of the preceding month a summary statement of budget position; general ledger trial balance by fund groups; statement of realization of estimated income; statement of departmental and other balances (including appropriations and credits, expenditures and debits, unexpended balances, encumbrances, and unencumbered balances). All institutional books, records, ledgers and accounts shall be kept and maintained in conformity with recommendations of the State Auditor and the State Comptroller of Public Accounts, subject to approval by the Board. Blanket fidelity bonds, approved by the Board, shall be required to cover all employees of institutions under the jurisdiction of the Board. 17. Student Admission, Degree Requirements, Tuition ana Fees Student admission standards, entrance requirements, and degree qualifications shall be determined and prescribed by the institution, subject to the approval of the Board. No otherwise qualified applicant for student enrollment shall be denied admission solely on the basis of religious or racial tests. Enrollment preference shall be given residents of the State of Texas. Tuition and student fees, and room and board rates shall be established by the institution, subject to legislative direction and approval by the Board. Each member of the Board shall receive copies of all publications of the University. 37 18. Employment of Bond Legal Counsel The Board shall employ bond counsel to advise and represent it in all matters having to do with the issuance or proposed issuance of bonds of any type, the pledge of institutional credit, the assumption of deferred fiscal obligations, or the encumbrance of facilities of any institution under the jurisdiction of the Board. No proposal for the issuance of bonds of any type, or for the pledge of credit or encumbrance of revenue, shall be considered by the Board until it has been submitted in writing to the Board's bond counsel for professional opinion and recommendation. 19. Reimbursement of Expenses Reimbursement of expenses shall be allowed members of the Board for attending regular and special meetings of the Board; for visiting the University at the request of the Board or the Chairman of the Board; for attending formal committee meetings, and for such other special and limited purposes as the Board may expressly authorize in accordance with state regulations. Verified expense accounts shall be submitted to the Secretary for payment and the same shall be subject to review and control by the Board. 20. Use of Campus Facilities for Political Purposes While the use of the facilities of the University for partisan political assemblies and meetings is not normally encouraged, the faculty and administration, as members of a learned and honorable profession, may properly exercise their acknowledged individual rights and obligations of citizenship free of University discipline or censorship. Individual political candidates and their election organizations are not permitted to reserve a University facility for campaign activities. However, if a candidate is invited by a University group, then he or she may appear in the facility, provided that the group extending the invitation is responsible for reserving the facility and meeting the costs related to the event. 38 No member of the Board of Regents shall undertake to influence the political opinions of personnel subject to the Board's jurisdiction, but such personnel are requested to exercise their individual rights of citizenship or academic freedom in a responsible manner reasonably calculated not to identify or associate with the University. A University employee may not use his or her official authority or influence to coerce the political action of a person or body. 21. Authority for Official Statements The Board of Regents hereby reserves to itself the authority and responsibility for determining matters of policy and official statements concerning any political or other subjects of an obviously controversial nature which represents an official policy, statement, or position of the Board of Regents, or of the University. Statements, policies, and positions by the Board of Regents on such matters shall be made by the Board through the Chairman of the Board or the President of the University. No Regent, officer, faculty or staff member shall have the authority to speak for or issue any public statements on policy for and on behalf of the Board of Regents, or of the University, on such matters without prior approval of the Board. 22. Naming of Buildings and Other Facilities Buildings and other facilities (including laboratories and clinics) of Stephen F. Austin State University may be named by the Board of Regents for deceased persons who have made outstanding contributions to the University or its prestige. In extraordinary circumstances, particularly when a significant donation has been made to the University, the Board of Regents may name a building, or other facility, for a living person. Proposed names may be submitted from any source to the Council of Deans for their recommendation to the President who, if he concurs, shall submit such names together with background reasons, to the Board of Regents for consideration; provided, however, the Board of Regents may act without receiving a nomination from the Council of Deans when circumstances justify such action, and particularly 39 when a substantial donation has been made toward the construction of the building or facility to be named. A name will not be moved from one building to another, and when a building is razed, the name will no longer be used. A plaque shall be placed on each new building. The plaque shall show the names of the Board of Regents in alphabetical order, and the names of those occupying the following positions on the date of the contract award: the Chairman of the Board of Regents; the President of the University; the Vice President for Administrative and Fiscal Affairs and any other appropriate vice president; the architect, and the contractor, together with the year the contract is awarded. 23. Provisions to Amend Rules and Avoid Conflict with Statutes The Rules and Regulations herein provided may be amended by a majority vote of members of the Board at any regular meeting or at a special meeting of the Board called for that purpose. Proposed amendments shall be filed in writing with the Secretary and copies submitted to each Board member at least fifteen (15) days before the same are considered by the Board. Should all or any part of the foregoing Rules and Regulations conflict with any constitutional, statutory or legislative appropriations provisions, they shall be amended to conform therewith. STEPHEN F. AUSTIN STATE UNIVERSITY UNDERGRADUATE CURRICULUM COMMITTEE A. Additions: Department and Number Administrative Services ADS347 Art ART482 Art ART483 Art ART484 Communication COM098 Communication COM308 Communication COM406 Communication COM409 Computer Science CSC102 Computer Science CSC241 Computer Science CSC342 Home Economics HEC102 Home Economics HEC202 Home Economics HEC220 Home Economics HEC222 Home Economics HEC302 Home Economics HEC322 Home Economics HEC380 Home Economics HEC422 Home Economics HEC424 Home Economics HEC480 Music MHL246 Music MHL349 Music MUP310 Music MUP311 Kinesiology/Health Science DAN475 Kinesiology/Health Science HSC475 Kinesiology/Health Science KIN119 Kinesiology/Health Science KIN330L Social Work SWK345 Title and Credit Administrative Communication (3) History of Photography (3) Greek and Roman Art (3) Nineteenth Century European Art (3) Oral English Proficiency Program (0) Advertising Cases and Campaigns (3) Professional Communication Skills (3) Broadcast Sales (3) Computer Science Principles (3) Data Structures (3) Algorithm Analysis (3) Introduction to Hospitality Industry (3) Travel and Tourism (3) Convention, Catering, Club Management (Beverage) (3) Public Health and Safety Management (3) Residential and Lodging Operations (3) Facility Planning/Management (3) Residential and Lodging Management (3) Hospitality Practicum I (1) Hospitality Practicum II (1) Administrating, Supervising, Marketing Hospitality Administration (3) Early Music and Music Bibliography (2) Twentieth Century and World Musics (3) Instrumental Seminar (3) Vocal/Choral Seminar (2) Special Problems (1-3) Special Problems (1-3) Taekwondo (2) Measurement and Evaluation Laboratory (1) Correctional Counseling (3) B. Revisions: Department and Number Agriculture AGR243 Agriculture AGR339 Computer Science CSC221 Computer Science CSC202 Computer Science CSC211 Computer Science CSC321 Computer Science CSC326 Computer Science CSC331 Computer Science CSC340 Computer Science CSC421 Computer Science CSC431 Computer Science CSC435 Computer Science CSC441 Computer Science CSC442 Computer Science CSC445 Counseling/Spec Ed HSE395 Economics and Finance FTN410 English and Philosophy ENG131 English and Philosophy ENG132 Forestry FOR249 Forestry FOR454 Home Economics HEC115 Home Economics HEC206 Home Economics HEC212 Current Title and Credit Principles of Animal Production (3) Residential Landscape Design (3) Introduction to Information Processing Systems (3) Computer Programming Principles (3) Programming with Business-Oriented Languages (3) Programming Methods for Data Processing Applications (3) File Processing (3) Programming Methods for Scientific Applications (3) Application Software for Microcomputers (3) Applied Operations Research (3) System Simulation and Model Building (3) Teleprocessing and Data Communications (3) Principles of System Programming (3) Organization of Programming Languages (3) Computer Graphics (3) Rehabilitation Process and Practice (3) Speculative Markets (3) Composition: Rhetoric and Argument (3) Composition: Critical and Analytical (3) Forest Soils (4) Non-Game Management (3) Introduction to Interior Design (3) Interior Design Graphics I (3) History of Interiors (3) New No. New Title and Credit AGR243 Beef Cattle Science (3) AGR339 Computer Assisted Landscape Design (3) CSC121 Introduction to Information Processing Systems (3) CSC202 Computer Programming Principles (3) CSC211 Programming with Business-Oriented Languages(3) CSC321 Programming Methods for Business Applications (3) CSC326 File Processing (3) CSC331 Programming Methods of Scientific Applications (3) CSC340 Application Software for Microcomputers (3) CSC421 Applied Operations Research (3) CSC431 System Simulation and Model Building (3) CSC435 Teleprocessing and Data Communications (3) CSC441 Principles of Systems Programming (3) CSC442 Organization of Programming Languages (3) CSC445 Computer Graphics (3) HSE405 Rehabilitation Process and Practice (3) FIN410 Speculative Markets (3) ENG131 Composition: Rhetoric and Argument (3) ENG132 Composition: Critical and Analytical (3) FOR349 Forest Soils (4) FOR454 Non-Game Wildlife Ecology (3) HEC115 Principles, Elements & Resources in Design (3) HEC206 Graphics (3) HEC212 History of Interior Furniture, Furnishings and Architecture (3) HEC310 Creative Design Solutions (3) HEC312 Residential Design (3) HEC314 Building Construction Systems (3) HEC316 Interior Lighting and Cabinetry (3) HEC350 Leadership in Home Economics (1) HEC410 Commercial Design I (3) HEC412 Commercial Design II (3) Kinesiology/Health Science KIN200 Kinesiology/Health Science KIN475 Military Science MSC104 Military Science MSC201 Military Science MSC202 Military Science MSC301 Military Science MSC302 Mcxlern Languages SPA410 Music MHL347 Music MHL348 Physics and Astronomy PHY220 Physics and Astronomy PHY232 Physics and Astronomy PHY232L Social Work SWK315 Social Work SWK415 Sociology SOC475 C. Deletions: Computer Science CSC341 Computer Science CSC344 Computer Science CSC432 Military Science MSC206 Special Studies in Games, Sports and Activities (2) KIN200 Data Structures (3) Microprocessing (3) Applied Numerical Methods (3) Leaders and Trends (3) Special Studies in Games, Sports, and Activities (1-2) Special Problems (1-3) Marksmanship (2) Basic Leadership Skills (2) Leadership and Management at the Small Unit Level (2) Small Unit Leadership Techniques (3) Supplementary Leadership Methods (3) Contrastive Linguistics, Spanish/English (3) Baroque and Classic Music (2) Romantic Music (2) Engineering Statics (4) Electrical Circuits and Devices (3) Electrical Circuits and Devices Laboratory (1) Social Welfare Policies and Services (3) Social Welfare Legislation (3) Independent Studies in Sociology (1-3) STEPHEN F. AUSTIN STATE UNIVERSITY GRADUATE CURRICULUM COMMITTEE A. Additions: Department and Number Art ART401G Art ART475G Art ART497G Art ART482G Art ART483G Art ART484G Counseling/Spec Ed. GCN522 Counseling/Spec Ed. EPS550 Counseling/Spec Ed. GCN595 Kinesiology/Health Science KIN520 Theatre THR522 Theatre THR535 Theatre THR550 Theatre THR551 Theatre THR560 Theatre THR561 Title and Credit Expressive Drawing (3) Illustration (3) Art Topics (3) History of Photography (3) Greek and Roman Art(3) Nineteenth Century European Art (3) Family Counseling (3) Research Methods (3) Internship in Counseling (6) Kinesthetic Approach to Early Childhood Development (3) History and Theory in Directing (3) Design Principles for Directors (3) Directing Practicum (1-3) Theatrical Process (3) Dramatic Criticism, Theory and History (3) Dramatic Criticism, Theory and History (3) B. Revisions: Department and Number Biology BIO520 Computer Science CSC421 Computer Science CSC431 Computer Science CSC435 Computer Science CSC441 Computer Science CSC445 Counseling/Spec Ed HSE395 Counseling/Spec Ed GCN520 Counseling/Spec Ed GCN528 Counseling/Spec Ed GCN594 Home Economics HEC527 Current Title and Credit New No. Cryptogamic Botany (3) BIO520 Applied Operations Research (3) CSC421 Systems Simulation and Model Building (3) CSC431 Teleprocessing and Data Communications (3) CSC435 Principles of Systems Programming (3) CSC441 Computer Graphics (3) CSC445 Rehabilitation Process and Practice (3) CSC405G Counseling and Guidance Services (3) GCN520 Group Techniques in Guidance and Counseling (3) GCN528 Practicum in Counseling (3) GCN594 Family Clothing (3) ' HEC527 New Title and Credit Phycology (3) Applied Operations Research (3) Systems Simulation and Model Building (3) Teleprocessing and Data Communications (3) Principles of Systems Programming (3) Computer Graphics (3) Rehabilitation Process and Practice (3) Introduction to Counseling (3) Group Counseling (3) Practicum in Counseling (3) Textiles and Apparel Studies (3) Home Economics HEC532 Home Economics HEC535 Home Economics HEC539 Home Economics HEC551 Home Economics HEC552 Home Economics HEC553 Home Economics HEC560 Home Economics HEC574 Kinesiology/Health Science HSC570 Kinesiology/Health Science KIN525 Kinesiology/Health Science KIN545 Kinesiology/Health Science KIN550 Kinesiology/Health Science KIN575 Kinesiology/Health Science KIN585 Political Sci/Geography PSC402 Political Sci/Geography PSC445 Theatre THR500 Community Nutrition (3) Advanced Diet Therapy (3) Methods and Resources for Teaching Nutrition (3) Infant Programs: Development and Administration (3) Dynamics of Family Relationships (3) The Parent (3) Laboratory for Home Economists (3) Special Studies in Home Economics (3) Seminar in Health Education (3) Curriculum Construction in Physical Education (3) Current Trends and Issues in Physical Education and Recreation (3) Research in Health and Physical Education (3) Advanced Graduate Studies (3) Tests and Measurements in Physical Education (3) American Constitutional Law: Structure and Powers (3) Policy Analysis (3) Introduction to Graduate Research (3) C. Deletions: Computer Science CSC432 Theatre THR521 Theatre THR534 Theatre THR557 Applied Numerical Methods (3) History of Modern Theatre (3) Dramatic Production (3) Dramatic History, Theory, and Criticism (3) 45 AIDS and HIV Virus Index D-1.1 Original Implementation: September, 1990 Page 1 of 6 Last Revision: None Stephen F. Austin State University recognizes the increasing public awareness and concern over AIDS and the HIV virus. For the purposes of this policy, AIDS means acquired immune deficiency syndrome, and HIV Virus means human immuno deficiency virus. AIDS is a fatal disease which has become a nationwide public health problem in the last few years. In health related matters such as this one, the University shall follow the guidelines of recognized authorities including: the National Centers for Disease Control, the United States Public Health Service, the Texas Department of Health, and the American College Health Association. Further, the University shall conform its actions to the Texas Communicable Disease Prevention and Control Act, the Texas Human Immunodeficiency Virus Services Act, and other law. The health status of a person infected with the HIV virus may vary from an apparently healthy, normally functioning individual to a critically ill person. However, there is no current medical evidence that persons infected with the HIV virus present a health risk to others in the normal academic or workplace setting. Routine daily encounters with others pose no risk of transmitting the fragile, blood-borne virus. Accordingly, there is no reason to exclude individuals with AIDS or the HIV virus from campus academic, social, or cultural activities. Therefore, on the basis of current knowledge of the disease, persons sharing common living space, work or study areas, libraries, classrooms, recreational facilities, and theaters do not represent a problem or public threat to the campus community. Students and employees (faculty and staff) of the University who may become infected with the HIV virus will not be excluded from enrollment or employment, or restricted in their access to University services or facilities, unless medically-based judgments in individual cases establish that exclusion or restriction is necessary to the welfare of the infected person or of the other members of the University community. Persons with HIV infection are entitled to the same rights and opportunities as persons with other communicable diseases. The University prohibits any discrimination in its programs and activities against a person with HIV infection unless based on accurate scientific information. Any student, faculty member, or employee who violates this rule may be subject to appropriate disciplinary action. When circumstances arise that require review of any matter regarding HIV/AIDS, the President will seek the advice of the Director of University Health Services, the attending physician, and other relevant parties. An opportunity will be provided for persons involved in the matter to discuss their circumstances. Members of the Public Health Committee will be available to review the issues and to provide recommenda tions to the President for appropriate action. In the event of public inquiry concerning University policy, programs, problems, or statistics related to AIDS on campus, the Director of University News and Information Services will serve as the official spokesperson for the University and will enlist the cooperation of the Director of University Health Services and the Public Health Committee as necessary to prepare an appropriate response. All inquiries from the press, elected public officials, or the public in general will be referred to the spokesperson. Inquiries of a more private or specific nature may be made to the 46 Index D-lol Page 2 of 6 Director of University Health Services or the Chairman of the Public Health Committee. The medical records and test results of any HIV-infected person on the campus shall remain confidential and private information in accordance with law. The breach of that confidentiality may result in litigation and in severe penalties, both civil and criminal. (Some exceptions to confidentiality are permitted by law.) The University shall keep the number of people who are aware of the existence and identity of students, faculty, or staff members who have AIDS or the HIV virus to an absolute minimum to protect the confidentiality and privacy of the infected persons and to avoid the generation of unnecessary fear and anxiety on the campus. However, public information shall be disclosed upon request in accordance with the Texas Open Records Act, the Family Educational Rights and Privacy Act, the Texas Communicable Disease Prevention and Control Act, the Texas Human Immunodeficiency Virus Services Act, and other law. Persons who know, or have a reasonable basis for believing, that they are infected with the AIDS virus are expected to seek expert advice about their health circumstances and are obligated, ethically and legally, to conduct themselves responsibly in accordance with such knowledge for the protection of other members of the University community. The University encourages regular medical follow-up for such persons. The University shall carefully observe the safety guidelines established by the U.S. Public Health Service for the handling of blood and other body fluids and secretions in University Health Services and in other institutional contexts in which such fluids or secretions may be encountered (e.g., teaching and experimental laboratories). The University shall strictly observe the public health reporting requirements for AIDS and HIV infection as well as other communicable diseases. The University shall make this policy available upon request to students, faculty, and staff members and such a statement will be included in the Student Handbook and Activities Calendar and in the Policy and Procedure Manual. Policy for the Work Environment In the work setting, the University's major concern will be whether an HIV-infected employee will be able to satisfactorily perform job duties. The University will make accommodations to keep an employee with HIV infection employed and productive for as long as the employee is capable of this performance. Most HIV-infected employees will be able to perform their job duties for an extended period before their illnesses interfere with job-related performance. During the asymptomatic period, the employee is not obligated to provide information about his/her HIV status to the University. However, an employee may want to share information about his/her HIV-infected status with University officials so that responsible management decisions may be made about: 47 Index D-l.l Page 3 of 6 1. assignments or reassignments of job duties; 2. evaluating leave policies to assure leave time comparable to other medical conditions; 3. determinations of possible qualification for disability entitlements; and, 4. monitoring the insurance status of the HIV-infected employee to assure continuation of coverage. Once HIV-related symptoms occur, the employee has the responsibility as in the case of other illnesses to provide medically verified information relating to the ability to perform job duties. Based on federal and state law, any medical documentation of information provided by an HIV-infected employee to University officials must be considered confidential and private information. As such, University officials are forbidden by law from disclosing this information to others without the employee's knowledge and consent. (Some exceptions to confidentiality are permitted by law.) The University requires that any consent to disclosure by the employee be in writing. Any University employee who breaches the confidentiality of this information commits a serious offense that may be cause for litigation, resulting in both civil and criminal penalties. University employees who refuse to work with HIV-infected co-workers may be subject to disciplinary action. University departmental chairmen and directors should carefully monitor and document any instances of such refusal in violation of this policy and take appropriate disciplinary action. At least once each year, Personnel Services shall conduct an HIV/AIDS training program for the management staff of the University and include in the program: 1. current medical information about HIV transmission and prevention; 2. confidentiality and related laws; 3. personnel management, including relevant policies; 4. development of staff problem-solving skills; and 5. a plan for scheduled periodic training. Also, each year Personnel Services shall conduct HIV/AIDS employee education programs to: 1. provide basic and accurate information regarding the modes of transmission and prevention of HIV infection; 2. reduce fear and misinformation of HIV/AIDS; 48 Index D-1.1 Page 4 of 6 3. help faculty and staff recognize and avoid personal behaviors that might cause them to become infected with the HIV virus; 4. encourage nondiscrimination, which enables the HIV-infected person to remain employed as long as feasible; 5. help maintain productivity and lawful behavior in the workplace; and 6. provide continuing information about HIV/AIDS. 7. distribute to all employees a copy of the Texas Department of Health's educational pamphlet entitled "AIDS: THE WORKPLACE." At a minimum, the HIV curriculum will include: 1. . modes of transmission; 2. methods of prevention; 3. behaviors related to substance abuse; 4. current laws and regulations concerning the rights of an AIDS/HIV-infected individual; and, 5. behaviors associated with HIV transmissions which are in violation of Texas law. On an employee's request, the University shall pay the costs of testing and counseling an employee concerning HIV infection if the employee: 1. provide appropriate documentation that the employee may have been exposed to the HIV virus while performing duties of employment with that agency; and, 2. was exposed to the HIV virus in the manner that the U.S. Public Health Service has determined is capable of transmitting the HIV virus. However, an employee who may have been exposed to the HIV virus while performing job duties at the University may not be required to be tested for the HIV virus. For the purpose of qualifying for worker's compensation or any other similar benefits or compensation, an employee must provide the employer with a written statement of the date and the circumstances of the exposure and document that within 10 days after the exposure the employee had a test result that indicated an absence of HIV infection. The cost of an employee's testing and counseling shall be paid from funds appropriated for payment of worker's compensation benefits to state employees. Counseling or a test conducted in accordance with these provisions shall conform to the model protocol on HIV counseling and testing prescribed by the Texas Department of Health. In compliance with Section 9.01 of the Texas Communicable Disease Prevention and Control Act, the University Police Department shall adopt a policy for handling persons 49 Index D-1.1 Page 5 of 6 with AIDS or HIV infection who are in its custody or under its supervision. The department's policy shall ensure that education programs for employees include information and training relating to infection control procedures and that employees have infection control supplies and equipment readily available. The University shall adopt and implement workplace guidelines similar to the workplace guidelines for any state agency listed m Section 5.03 (b) of the Texas Human Immunodeficiency Virus Services Act for any program involving direct client contact that is funded by one of the listed state agencies. Policy for the Academic Environment The University shall allow, to the extent possible, HIV-infected students, whether they are symptomatic or not, to continue regular classroom attendance in an unrestricted manner as long as they are physically able to attend class. The University recognizes that there is no medical justification for restricting the access of HIV-infected students to the University Center or to University cafeterias, snack bars, gymnasiums, swimming pools, recreational facilities, or other common areas. The University recognizes that the best currently available medical information does not support the existence of a risk to those sharing residence halls with HIV-infected individuals; in some circumstances, however, there may be reasonable concern for the health of those with AIDS or the HIV virus who might be exposed to certain contagious diseases (e.g., measles or chicken pox) in a close living environment. Thus, decisions about residential housing of students with AIDS or the HIV virus shall be made on a case-by-case basis. The University may decide to assign students with AIDS or the HIV virus to private rooms in the interest of protecting the health of those students. The University shall provide education programs about AIDS and the HIV virus to its residence hall staff (both students and employees). Since there is no medical necessity, the University shall not advise others living in a residence hall of the presence of students in the residence hall who have AIDS or the HIV virus. The University believes that the responsibility to provide a safe living environment is best dealt with by educational programming. Similarly, the University shall not make any attempt in any other setting to identify those students or employees who have AIDS or HIV status. The University shall not routinely ask students about their status regarding AIDS or the HIV virus. However, the University shall encourage new students to inform the medical staff at University Health Services if they have AIDS or the HIV virus in order that Health Services can provide proper medical care and education. The Health Services staff will handle this information, like all other medical information, in a strictly confidential manner in accordance with University policy and with federal and state law. The University shall not provide any person, group, agency, insurer, employer, or institution with confidential medical information about students with AIDS or the HIV virus without the specific written consent of the student. Given the possibility of unintended or accidental compromise of the confidentiality of information, University 50 Index D-l.l Page 6 of 6 Health Services staff will carefully weigh the importance of including any specific information regarding the existence of AIDS or the HIV virus in the medical record of a student except in circumstances of medical necessity created by the evaluation of an illness. At a minimum, the inclusion of any such information in the medical record should be discussed with the patient prior to its entry. The University shall make available to students, on request, the educational pamphlet on HIV infection developed by the Texas Department of Health and shall include in the Student Handbook and Activities Calendar a statement that the pamphlet is available from University Health Services. University Health Services shall provide accurate, understandable information on how to prevent the transmission of HIV infection in compliance with Section 51.917 of the Texas Education Code. In further compliance with Section 51.917 of the Texas Education Code, the curricula of the nursing, counseling, and social work degree programs of the University shall: 1. include information about: a. methods of transmission and methods of prevention of HIV infection; and b. federal and state laws, rules, and regulations concerning HIV infection and AIDS; and, 2. give special attention to the physical, emotional, and psychological stress associated with the care of patients with terminal diseases. Source of Authority: Texas Communicable Disease Prevention and Control Act; Texas Human Immunodeficiency Virus Services Act; Texas Communicable Disease Prevention and Control Act, sec. 9.01; Texas Education Code, sec. 51.917; Board of Regents; President Cross Reference: None Contact for Revision: General Counsel Forms: None 51 Illicit Drugs and Alcohol Abuse Index D-19 Original Implementation: September 1, 1986 Page 1 of 7 Last Revision: September, 1990 It is the declared policy of the United States Government to create a Drug-Free America by 1995. As a part of that policy, the Drug-Free Workplace Act of 1988, P.L. 100-690, Subtitle D was adopted. On December 12, 1989, President Bush signed the Drug-Free Schools and Communities Act Amendment of 1989, P.L. 101-226, which amends provisions of the Drug-Free Schools and Communities Act of 1986 and the Higher Education Act of 1965. University policies relating to the use of illegal drugs and alcoholic beyerages have been established by the Board of Regents of Stephen F. Austin State University in compliance with state and federal law. Standards of Conduct University policy prohibits all employees (full-time and part-time faculty, staff, and students) from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or alcoholic beverage in the workplace, or reporting to work under the influence of alcoholic beverages or illegal drugs. None of the funds appropriated to the University by the State Legislature for travel expenses may be expended for alcoholic beverages. University policy further stipulates, with regard to students, that the unauthorized use of intoxicating beverages on University property or at University sponsored activities, including, but not limited to, intercollegiate and intramural athletic events is prohibited. Alcoholic beverages are not permitted in University residence halls. With regard to student apartments, state law prohibits individuals under 21 years of age from possessing or consuming alcoholic beverages. It is the policy of Stephen F. Austin State University that any unlawful manufacture, possession or delivery of any controlled substance or illegal drug is strictly prohibited. Moreover, it is the policy of the State of Texas and of this University that this institution will be as free of illegal drugs as it can possibly be. Health Risks Alcohol Abuse. Alcohol is a primary and continuous depressant of the central nervous system. Impairment of judgment and of recently learned, complex and finely tuned skills begins to occur at blood alcohol concentrations as low as 0.025 percent. These impairments are followed by the loss of more primitive skills and functions, such as gross motor control and orientation at concentrations in excess of 0.05 percent. Alcohol in moderate doses impairs nearly every aspect of information processing, including the ability to abstract and conceptualize, the ability to use large numbers of situational cues presented simultaneously, and the cognitive ability to determine meaning from incoming information. Alcohol consumption can therefore promote action on impulse without full appreciation of, or concern about, the potential negative consequences of such action. Chronic long-term effects of heavy drinking over a period of years can result in brain damage, cancer of the mouth, esophagus or stomach, heart disease, liver damage resulting in cirrhosis, alcoholic hepatitis, and cancer of the liver, peptic ulcer 52 Index D-19 Page 2 of 7 disease and possible damage of the adrenal and pituitary glands. Prolonged, excessive drinking can shorten life-span by 10-12 years. Illicit Drugs. Illicit drugs include narcotics, such as heroin or morphine; depressants, such as barbiturates, Quaaludes, or valium; stimulants, such as cocaine or "crack"; hallucinogens, such as PCP, LSD or mescaline; cannabis, such as marijuana or hashish; inhalants, such as nitrous oxide, amyl nitrite (poppers) or various hydrocarbon solvents; and designer drugs, such as China White, methamphetamine (Ecstacy) or meperidine (Demerol). Narcotics. Narcotics initially produce a feeling of euphoria that is often followed by drowsiness, nausea and vomiting. Tolerance may develop rapidly and dependence is likely. The use of contaminated syringes may result in diseases such as AIDS, endocarditis (inflammation of the lining of the heart) and hepatitis. Depressants. The effects of depressants are in many ways similar to the effects of alcohol. Small amounts can produce calmness and relaxed muscles, but a somewhat larger dose can cause slurred speech, ataxia or unstable gait and altered perception. Very large doses can cause respiratory depression, coma and death. The combination of depressants and alcohol can multiply the effects of the drugs, thereby multiplying the risks. The use of depressants can cause both physical and psychological dependence. Stimulants. Cocaine stimulates the central nervous system. Its immediate effects include dilated pupils; elevated blood pressure, heart and respiratory rate; and body temperature. Occasional use can cause a stuffy or runny nose, while chronic use can ulcerate the mucous membrane of the nose with long-term use eroding the nasal septum. The injection of cocaine with unsterile equipment can cause AIDS, hepatitis and other diseases. Preparation of freebase, which involves the use of volatile solvents, can result in death or injury from fire or explosion. Cocaine can produce psychological and physical dependency. In addition, tolerance develops rapidly. Crack or freebase rock is extremely addictive. The physical effects include dilated pupils, increased pulse rate, elevated blood pressure, insomnia, loss of appetite, tactile hallucinations, paranoia and seizures. Overdoses occur easily. Hallucinogens. Phencyclidine (PCP) users frequently report a sense of distance and estrangement. Time and body movement are slowed down. Muscular coordination worsens and senses are dulled. Speech is blocked and incoherent. Chronic PCP users report persistent memory problems and speech difficulties. Mood disorders, such as depression, anxiety and violent behavior, may also occur. In late stages of chronic use, users often exhibit paranoid and violent behavior a.nd experience hallucinations. Large doses may produce convulsions and coma, heart failure, lung problems and/or ruptured blood vessels in the brain. Lysergic acid (LSD), mescaline and psilocybin cause illusions and hallucinations. The physical effects may include dilated pupils, elevated body temperature, increased heart rate and blood pressure, loss of appetite, sleeplessness and tremors. Sensations and feelings may change rapidly. It is common to have a bad psychological reaction to LSD, mescaline and psilocybin. The user may 53 Index D-19 Page 3 of 7 experience panic, confusion, suspicion, anxiety and loss of control. Delayed effects or flashbacks can occur even after use has ceased. Inhalants. The chemicals in most inhalants are rapidly absorbed in the lungs and exert their central nervous system effects within seconds, producing an altered mental state for about five to fifteen minutes. Immediate effects of inhalants include nausea, sneezing, coughing, nose bleeds, fatigue, lack of coordination and loss of appetite. Solvents and aerosol sprays can decrease the heart and respiratory rates and impair judgment. Amyl and butyl nitrite can cause rapid pulse, headaches and involuntary passing of urine and feces. Inhalation of toluene as well as other hydrocarbons has been associated with kidney and liver damage, peripheral nerve problems, convulsions, encephalopathy (organic brain damage) and other central nervous system disorders. Sudden death associated with both glue sniffing and especially the inhalation of aerosols containing halogenated hydrocarbons (Freon) has been reported and is thought to be secondary to cardiac arrhythmias (abnormal electrical conduction patterns in the heart). Marijuana. The short term effects of marijuana include distortion of time perception, increased heart rate, dilation of blood vessels and loss of short term memory. Also decreased are visual perception and psychomotor skills, which have adverse effects on driving ability. The effects of long term use include loss of motivation, chronic bronchitis, decreased vital lung capacity and an increased risk of lung cancer. Tolerance and psychological dependence do develop with marijuana. Designer Drugs. Designer drugs are synthetic chemical modifications of older drugs of abuse that are designed and manufactured in covert laboratories and sold at great profit for recreational use. These drugs can be several hundred to several thousand times stronger than the drugs they are designed to imitate. Designer drugs similar to opiates include fentanyl, demerol, and "china white." The narcotic analogs of designer drugs can cause symptoms such as those seen in Parkinson's disease - - uncontrollable tremors, drooling, impaired speech, paralysis, and irreversible brain damage. Analogs of amphetamines and methamphetamines cause nausea, blurred vision, chills or sweating and faintness. Psychological effects include anxiety, depression, and paranoia. Withdrawal problems include sweating, diarrhea, fever, insomnia, irritability, nausea and vomiting and muscle and joint pain. University Penalties Students. Any student who is determined through the regular disciplinary procedures of the University, to have violated the policy on the use of illicit drugs will be suspended from the University for no more than two years and no less than the remainder of the current semester. University sanctions imposed for alcohol possession or consumption include the following. 54 Index D-19 Page 4 of 7 » First offense - The student is placed on Conduct Probation for a period of six months and is required to attend an alcohol awareness class provided through the University's Counseling and Career Services office. » Second offense - The student is placed on Disciplinary Probation for a period of twelve months. This sanction may include the condition that continued participation in campus activities will be curtailed or restricted for that same period. » Third offense - The student is suspended from the University. Employees. Observance of the policy regarding alcoholic beverages and illegal drugs is a condition of employment for all University employees. An employee violating this policy shall be subject to employment discipline up to and including termination, or shall be required to undergo satisfactory participation in a drug abuse assistance or rehabilitation program. Any employee directly engaged in the performance of work pursuant to the provision of a federal grant or contract who is convicted of violating a criminal drug statute shall notify his/her immediate supervisor of the conviction no later than five days after the conviction. The immediate supervisor shall promptly report the conviction to the appropriate vice president and the Director of Research Services. On behalf of the University, the Director of Research Services shall notify the federal agency grantor or contractor of the conviction within ten days of the University's receipt of notice from the employee or of receipt of other actual notice. State and Federal Penalties Offense Texas Law Minimum Punishment Confinement in the Texas Department of Corrections (TDC) for a term of not more than 10 years or less than 2 years, or confinement in a community correctional facility for not more than 1 year, and a fine not to exceed $10,000 Confinement in jail for a term of not more than 180 days, and a fine not to exceed $1,000 Maximum Punishment Manufacture or delivery of controlled substances (drugs) Possession of controlled substances (drugs) Confinement in TDC for life or for a term of not more than 99 years or less than 20 years, and a fine not to exceed $500,000 Confinement in TDC for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000 Index D-19 Page 5 of 7 55 Offense Texas Law, continued Minimum Punishment Maximum Punishment Delivery of marijuana Possession of marijuana Driving while intoxicated (includes intoxication from alcohol, drugs, or both) Public intoxication Purchase or consumption or possession of alcohol by a minor Sale of alcohol to a minor Confinement in jail for a term of not more than 180 days, and a fine not to exceed $1,000 Confinement in jail for a term not to exceed 180 days, and a fine not to exceed $1,000 Confinement in jail for a term of not more than two years or less than 72 hours, and a fine of not more than $1,000 or less than $100 Fine of not less than $25 nor more than $200 Fine of not less than $100 nor more than $500 or confinement in jail for not more than 1 year, or both Confinement in TDC for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000. Confinement in TDC for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000 Confinement in jail for a term of not more than two years or less than 30 days, or confinement in TDC for a term of not more than 5 years or less than 60 days, and a fine of not more than $2,000 or less than $500 A fine not to exceed $200 For a subsequent offense, a fine of not less than $100 nor more than $500 For a subsequent offense, a fine of not less than $500 nor more than $1,000 or confinement in jail for not more than 1 year or both Offense Federal Law Minimum Punishment Maximum Punishment Manufacture, distribution or dispensing drugs (includes marijuana) Possession of drugs (including marijuana) A term of imprisonment not more than one year, and a minimum fine of $1,000 Civil penalty in amount not to exceed $10,000 A term of life imprisonment without release (no eligibility for parole) and a fine not to exceed $8,000,000 (for an individual) or $20,000,000 (if other than an individual) Imprisonment for not more than 20 years or not less than 5 years, a fine of not less than $5,000 plus costs of investigation and prosecution 56 Index D-19 Page 6 of 7 Federal Law, continued Offense Minimum Punishment Maximum Punishment Operation of a common Imprisonnment for up to 15 carrier under the influence of years and a fine not to exceed alcohol or drugs $250,000 Counseling. Treatment and Rehabilitation Students. Stephen F. Austin State University, through the Counseling and Career Services office, provides an alcohol/drug abuse prevention program which is available to all students. Program components include assistance in abstaining from the use of chemical substances, early intervention when chemical abuse is detected, and referral to a campus support system and/or a community referral for inpatient/outpatient services not available on campus. Medical counseling and printed information on chemical dependency are available through University Health Services, the campus student health facility. Students may seek individual counseling or request printed information at either campus location. Prevention/Education. The objectives of this element of the assistance program are to: increase awareness of the students, faculty, and staff concerning the psychological and health risks associated with chemical use; provide information to students regarding a variety of wellness issues which promote successful college adjustment; and, orient students, faculty and staff to the services available through the assistance program. Presentations are available to student groups on a variety of topics including alcohol and substance abuse, adult children of alcoholics, assertiveness skills, stress and time management, self-esteem and related issues. A group representative should contact the Counseling and Career Services office to schedule a presentation. The assistance program also offers an Alcohol Awareness Workshop. The four-hour workshop, divided into two sessions, provides basic information, tools for self-assessment, information on University and state regulations, and an orientation to the assistance program. Students may request to attend the workshop or be referred by the Dean of Student Development. Referral/Assessment. Any SFA student requiring information about, or assistance with, a chemical abuse problem may be referred to the assistance program. A student may initiate a self-referral by contacting the Counseling and Career Services office; University faculty and staff may initiate a student referral. Participation by a student is voluntary, except when mandated by the Dean of Student Development. A staff counselor conducts an assessment interview on the student's initial visit to Counseling and Career Services and provides the student with details regarding confidentiality and record keeping requirements. The counselor informs the student of alternatives and makes recommendations based on the student's needs. Campus Support System. The assistance program serves as a link between the individual student and support groups which are available for chemical dependency, 57 Index D-19 Page 7 of 7 adult children of alcoholics and victims of sexual abuse. Support groups function under guidelines established by Counseling and Career Services. Community Referral. Services for chemical dependency are available in the Nacogdoches community and include: private practitioners offering individual counseling or intellectual/psychological assessment; self-help groups such as Alcoholics Anonymous and Narcotics Ajionymous; and, inpatient/outpatient treatment. Employees. University employees with supervisory responsibilities should be cognizant of employee behavior related to unacceptable job performance which may result from drug or alcohol abuse. Any decision to initiate employee counseling or a referral to Personnel Services should be based on the employee's unacceptable job performance. Employee counseling, referral and related record keeping should be conducted with the degree of care and confidentiality appropriate to such personnel matters. Assistance beyond preliminary counseling through Personnel Services is available to University employees through the Employee Wellness Program with Memorial Hospital of Nacogdoches. Alcohol and drug abuse seminars are among the services provided cost-free to University employees. Other services for employees with a chemical dependency are available in the community, including private practitioners offering individual counseling, self-help groups such as Alcoholics Anonymous and Narcotics Anonymous, and inpatient/outpatient treatment at various health care facilities. It is the intent of Stephen F. Austin State University to continue to strive for a drug-free campus and to comply with state and federal regulations regarding prevention programs established to eliminate the illegal use of drugs and alcohol abuse. To this end, Stephen F. Austin State University will provide annually to each student and employee a copy of this drug and alcohol abuse prevention program. In addition, the University will conduct a biennial review of this program implemented to provide a learning and working environment free of drug and alcohol use. The purposes of the biennial review will be to: 1) determine the effectiveness of the program and implement needed changes; and 2) ensure that the sanctions included in the program are consistently enforced. The University's General Counsel will be responsible for initiating the biennial review. Source of Authority: P.L. 100-690, sec. 5151 et seq.; P.L. 101-226, which amends provisions of the Drug-Free Schools and Communities Act of 1986 and the Higher Education Act of 1965; General Appropriations Act; Board of Regents; President Cross Reference: None Contact for Revision: General Counsel Forms: None AGREEMENT BETWEEN OWNER AND CONTRACTOR THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NACOGDOCHES 58 AGREEMENT made of the Sixteenth day of October in the year of Nineteen Hundred and Ninety BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY NACOGDOCHES, TEXAS 75962, acting here through its Chairman AND THE CONTRACTOR: J. E. KINGHAM CONSTRUCTION COMPANY, INC. P. 0. BOX 630632 NACOGDOCHES, TEXAS 75961 THE PROJECT: STONE FORT RENOVATIONS STEPHEN F. AUSTIN STATE UNIVERSITY NACOGDOCHES, TEXAS THE ARCHITECT: MARSELLOS AND SCOTT ARCHITECTS-ENGINEERS HQH PERRY BUILDING LUFKIN, TEXAS 75901 The Owner and the Contractor agree as set forth below: 59 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (Uniform General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after execution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appear in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for STONE FORT RENOVATIONS STEPHEN F. AUSTIN STATE UNIVERSITY NACOGDOCHES, TEXAS ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced at the date to be established in the tfNotice to Proceed", and subject to authorized adjustments, Substantial Completion shall be achieved not later than 180 calendar days thereafter. 60 The Contractor further agrees that liquidated damages in the amount of $100.00 per day shall be deducted from the amount due the Contractor for consecutive calendar day thereafter the work remains unfinished as specified in "Supplementary Conditions" and in "Proposal". ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract sum of TWO HUNDRED FORTY SEVEN THOUSAND EIGHT HUNDRED NINETY AND NO/100 DOLLARS ($247,890.00) out of current funds available to the Owner for expenditure for the use and benefit of Stephen F. Austin State University. The Contract Sum is determined as follows: BASE BID $ 247,890.00 CONTRACT AMOUNT $ 247,890.00 61 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Contract Documents for the period ending the last day of the month as follows: Not later than Thirty days following the end of the period covered by the Application for Payment Ninety percent (90?) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and Ninety percent (90?) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire work, a sum sufficient to increase the total payments to Ninety (90?) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete work and unsettled claims as provided in the Contract Documents. ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor thirty days after the Work has been completed, the contract fully performed, and a final Certificate for Payment has been issued by the Architect. 62 ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: 1. Drawings and Specifications entitled "STONE FORT RENOVATIONS EPHEN F, AUSTIN STATE UNIVERSITY NACOGDOCHES, TEXAS" Sheet and Section numbers as listed in Paragraph 1.1 of "Supplementary Conditions" and the following: ADDENDUM NO. 1 - DATED 9/25/90, PAGE 1 ADDENDUM NO. 2 - DATED 9/27/90, PAGE 1 (TELEPHONE) 7.3 This contract is to cover the General Contract work, including related Electrical and Mechanical Work, complete. 7.4 The said Drawings and each of all said Specifications and "General Conditions" are made part of this Agreement for all intents and purposes, provided that if anything in the said "General Conditions" of the Contract is in conflict with this Agreement, this Agreement shall control and govern. 7.5 The work called for and included in this Agreement is to be subject to the observation of the Architect above named and his determination of the true meaning and proper construction of the Drawings and Specifications shall be considered as final. 7.6 The Contractor shall pay premium for and furnish Performance Bond and Payment Bond in amount of 100? of Contract Price; on form to be furnished by Architect, with sureties acceptable to the Owner, conditioned: a.) That Contract shall faithfully perform his Contract and fully indemnify and save Owner harmless from all costs and damages which may be suffered by reason of failure to do so, and fully reimburse and repay Owner all outlay and expense which Owner may incu'r in making good any default. b.) That Contractor shall pay all persons who have con tracts directly with Contractor for labor and materials save which persons shall have a direct action against Contractor and the surety on his bond, subject to Owner's priority. Surety Companies shall be on approved list of U. S. Treasury Department of "Companies holding Certificates of Authority 64 from the Secretary of the Treasury under the Act of Congress Approved July 30, 1957, as Acceptable Sureties on Federal Bonds" and within the Underwriting limitations listed therein for any single risk. Bond shall comply with requirements of all state laws; in cluding those of Article 5160 Revised Civil Statues of Texas, 1925, as amended by House Bill 3^4, Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959 7.7 The Contractor shall effect, pay for and maintain during the life of this Contract insurance acceptable to the Owner, con forming to the following schedule: a) Compensation and Employer's Liability Insurance: As required by the laws of the State of Texas; Employer's Liability Insurance, $500,000,00. b) Comprehensive General Liability Insurance: In an amount not less than $500,000.00 for injuries, including personal injury or accidental death to any one person, and in an amount not less than $500,000.00 on account of one occurrence; Property Damage Insurance in an amount not less than $300,000.00. Comprehensive Auto Liability: Bodily Injury Liability: $500,000.00 - each person $500,000.00 - each occurrence Property Damage Liability: $300,000.00 - each occurrence 65 c) Include Broad Form Property Damage Insurance. Remove "XCU" Exclusions (Explosion, collapse, underground property damage). Include damage to underground wiring, conduits, piping. d) Contractual Liability Insurance: The Contractor shall obtain at his expense Owner's Protective Liability Insurance Policy naming the Owner and the Architect/Engineer as insured with the following limits: 1. Bodily Injury $500,000.00 (each person) $500,000.00 (each occurrence) 2. Property Damage $300,000.00 (each occurrence) e) Completed Operations: Continue coverage in force for one year after completion of work, f) Comprehensive Castastrophic Liability Insurance (Umbrella Liability) $1,000,000.00 g) Before commencement of operations hereunder, Contractor shall furnish to the Architect, photostatic copies of the above mentioned insurance policies, together with a certificate from the insurance carrier that the insurance will not be cancelled or permitted to lapse until fifteen (15) days written notice of said impending cancellation has been given to the Owner. 66 7.8 Builder's Risk Insurance: The Contractor shall provide Builder's Risk Insurance (Fire, extended coverage, vandalism and malicious mischief) as specified on Page 5 & 6 of "Supplementary Conditions" on a 100$ completed value basis in the names of the Contractor, Subcontractors, Owner and Architect, as their interests appear. Subrogation: This insurance shall not be invalidated should the named insured waive in writing prior to a loss any right of recovered against any party for loss occurring to the property described. 7.9 The Contractor shall complete the several portions and the whole of the work called for under this Agreement and shall deliver said improvements and premises, upon completion, to the Owner, free and clear of all liens and claims for labor furnished or materials used and other indebtedness whatsoever. 7.10 For purposes of complying with the State of Texas Sales Tax, the following is a division between labor and materials. Labor 81,804.00 Materials 166,086.00 Total $ 247,890.00 7.11 Contractor hereby assigns to Owner any and all claims for overcharges associated with this contract which arise under the anitrust laws of the United States, 15 U.S.C.A. Sec. 1 et seq. (1973). 67 7.12 The General Conditions of the Contract for Construction for this Project shall be "Uniform General Conditions for Stephen F. Austin State University Building Construction Contracts", 10 68 IN WITNESS WHEREOF, the parties of these presents have executed this Contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. SEAL BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY J. E. KINGHAM CONSTRUCTION CO., INC. P. 0. BOX 630632 NACOGDOCHES, TEXAS 75963 ADDRESS SEAL BY READ AND EXA: ..Secretary. Board of Regents, Stephen F. Austin State University (1) Corporation name of Owner (2) Title of authorized official (3) Strike out inapplicable terms. Secretary of the Owner should attest. If Contractor is corporation, Secretary should attest. Give proper title of each person executing Contract. 1 1 69 PERFORMANCE BOND.. BOND# BND11534O8 (To be used In Texas as required by Chapter 93 of the Regular Session of the 56th Legislature of Texas) THE STATE OF TEXAS COUNT OF NACOGDOCHES KNOW ALL MEN BY THESE PRESENTS: That we (1) J.E. Kingham Construction Company, Inc. of (?) Nacogdoches , Texas \ hereinafter called Principal and CO The Glens Falls Insurance Company Of New York ' state of New York hereinafter called the Surety, are held and firmly bound into BOARD QL REGENTS, STEPHEN L*. AUSTIN STATE hereinafter called Owner, in the penal sum of DOLLARS ($247,890.00 ), in lawful money of the United States, to be paid in d) HACOODOCHES COUNTY. TEXAS __— •for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contraot with (6) BOARD QE. REGENTS. STEPHEN Lu AUSTIN STATE .UNIVERSITY,, the Owner, dated fcha 16th day of October , A.D., 19 90 P a copy of which is attached hereto and made a part hereof for the construction of: 70 -2- Renovations to the Stone Fort Building (Herein called the "Work"). NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the Plan, Specifications and Contract Documents during the original term thereof, and any extensions thereof whictT may be granted by the Owner, with or without notice to the Surety, and, if he shall fully indemnify and save harmless of the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. NOW, THEREFORE, if the Principal shall repair any and all defects in said work occasioned by and resulting from defects in
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Title | Minutes of the Board of Regents of Stephen F. Austin State University. 1990, Volume No. 102 |
Subject |
Meetings Universities & colleges Stephen F. Austin State University |
Description | October 16, 1990, Volume No. 102 |
Date | 1990-10-16 |
Contributors | Senator Roy M. Blake of Nacogdoches Mr. Homer Bryce of Henderson Mr. Larry J. Christopher of Crockett Mr. Dan Haynes of Bullard Mr. Richard Hile of Jasper Mr. Kelly Jones of Arlington Mr. Wayne Salvant of Fort Worth Mr. James M. Windham, Jr. of Houston Mrs. Peggy Wedgeworth Wright of Nacogdoches Dr. Donald E. Bowen, President Mr. Don L. Henry, Vice President for Administrative and Fiscal Affairs Dr. Baker Pattillo, Vice President for University Affairs Dr. James V. Reese, Vice President for Academic Affairs Dr. Nancy Speck, Vice President for University Advancement Ms. Lucy Stringer, Assistant to the President and Editor of University Publications Dr. Kenneth Mace, Chairperson, Faculty Senate Ms. Donna McCollum, KTRE-TV Dr. Robert J. Provan, Attorney Ms. Beth Sammons, Editor, The Pine Log Ms. Jacqui Sundeen, The Daily Sentinel Mr. Chris Tiensch, President, Student Government Association |
Repository | East Texas Research Center |
Associated Dates | 1990-1999 |
Type | Publication |
Format | |
Rights | This item may be protected under Title 17 of the U.S. Copyright Law. It is available for non-commercial research and education. For permission to publish or reproduce, please contact the East Texas Research Center at asketrc@sfasu.edu |
Transcript | Stephen F. Austin State University Minutes of the Board of Regents Nacogdoches, Texas October 16,1990 Volume 102 INDEX Minutes of the Meeting Board of Regents Stephen F. Austin State University- Held at Nacogdoches, Texas October 16,1990 Page 91-1 Approval of Revisions to Rules and Regulations of the Board of Regents 1 91-2 Approval of Minutes of July 10, 1990, Meeting 1 91-3 Approval of Minutes of August 3, 1990, Meeting 1 91-4 Faculty/Staff Appointments for Summer, 1990 1 91-5 Change of Status for Summer, 1990 3 91-6 Faculty and Staff Appointments for 1990-91 6 91-7 Change of Status for 1990-91 17 91-8 Leaves of Absence 21 91-9 Change in Faculty Development Leave 21 91-10 Underenrolled Class Report for Summer II, 1990 22 91-11 Underenrolled Class Report for Fall, 1990 22 91-12 Faculty Workload Report for Fall, 1990 24 91-13 Curriculum Changes 24 91-14 Adoption of Policy on AIDS and HIV Virus 24 91-15 Adoption of Prevention Program Regarding Ilicit Drugs and Alcohol Abuse 24 91-16 Approval of Final Budget Positions for FY1990 Accounts 24 Page 91-17 Authorization to Re-Negotiate Food Service Contract 24 91-18 Approval of Resolution for 1978 Student Fee Revenue Bond Defeasance and Escrow Agreement 25 91-19 Approval to Renew Long Term Disability Contract 25 91-20 Approval of Resolution to Establish an Account for Health Care Claims Processing 25 91-21 Authorization to Seek Approval to Purchase Land Adjacent to Temple-Eastex Forestry Laboratory 26 91-22 Approval of Contract for Renovation of Stone Fort Museum 26 91-23 Approval of Stone Fort Museum Renovation Budget 26 91-24 Approval of Contract for Shelton Gym Roof Replacement 27 91-25 Approval of Shelton Gym Roof Replacement Budget 27 91-26 Approval of Increase in Budget for Grounds Department Storage Facility 27 91-27 Acceptance of Installation of Artificial Turf at Homer Bryce Stadium 27 Revised Rules and Regulations, Board of Regents 28 Curriculum Changes 40 Policy on AIDS and HIV Virus 45 Policy on Ilicit Drugs and Alcohol Abuse 51 Contract for Renovation of Stone Fort Museum 58 Contract for Shelton Gym Roof Replacement 78 MINUTES OF THE MEETING BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY HELD AT NACOGDOCHES, TEXAS October 16,1990 The meeting was called to order by Mrs. Peggy Wedgeworth Wright, Chairman of the Board of Regents, at 9:00 a.m., October 16,1990. REGENTS PRESENT: Senator Roy M. Blake of Nacogdoches Mr. Homer Bryce of Henderson Mr. Larry J. Christopher of Crockett Mr. Dan Haynes of Bullard Mr. Richard Hile of Jasper Mr. Kelly Jones of Arlington Mr. Wayne Salvant of Fort Worth Mr. James M. Windham, Jr. of Houston Mrs. Peggy Wedgeworth Wright of Nacogdoches STAFF PRESENT: Dr. Donald E. Bowen, President Mr. Don L. Henry, Vice President for Administrative and Fiscal Affairs Dr. Baker Pattillo, Vice President for University Affairs Dr. James V. Reese, Vice President for Academic Affairs Dr. Nancy Speck, Vice President for University Advancement Ms. Lucy Stringer, Assistant to the President and Editor of University Publications VISITORS: Dr. Kenneth Mace, Chairperson, Faculty Senate Ms. Donna McCollum, KTRE-TV Dr. Robert J. Provan, Attorney Ms. Beth Sammons, Editor, The Pine Log Ms. Jacqui Sundeen, The Daily Sentinel Mr. Chris Tiensch, President, Student Government Association MINUTES OF THE MEETING BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY October 16,1990 91-1 Upon motion of Regent Blake, seconded by Regent Jones, with all members voting aye, it was ordered that the Rules and Regulations of the Board of Regents be accepted as revised. (See page 28) 91-2 Upon motion of Regent Bryce, seconded by Regent Salvant, with all members voting aye, it was ordered that the minutes of the meeting of July 10,1990, be approved. 91-3 Upon motion of Regent Windham, seconded by Regent Hile, with all members voting aye, it was ordered that the minutes of the meeting of August 3,1990, be approved. 91-4 Upon motion of Regent Blake, seconded by Regent Christopher, with all members voting aye, it was ordered that the following faculty and staff appointments for Summer 1990 be approved. 1. Administrative Services Dr. Elizabeth Brice, Lecturer, at a salary of $100 for 100% time for two days, effective June 25,1990, due to illness of faculty member. Dr. Leland Callaway, Part-time Instructor, 60, Ed.D. (Texas Tech University), at a salary of $2,000 for 50% time for Summer II, 1990. Dr. Florence Elliott-Howard, Lecturer, at a salary of $200 for 100% time for two days, effective June 21,1990, due to illness of faculty member. 2. Communication Mr. Terry L. Bishop, Lecturer, at a salary of $1,300 for 25% time for Summer II, 1990. Dr. Jennie C. Casey, Part-time Lecturer, at a salary of $3,500 for 25% time for Summer II, 1990. Ms. Martha J. Fisher, Lecturer, 44, M.A. (Stephen F. Austin State University), at a salary of $3,500 for 50% time for Summer II, 1990. Mr. Delton McGuire, Lecturer, at a salary of $1,500 for 25% time for Summer II, 1990. 3. Early Childhood Laboratory Ms. Elizabeth Ann Goff, Infant Lead Teacher, 30, B.S. (North Texas State University), at a salary of $18,000 for 100% time for twelve months, effective June 18, 1990. Ms. Beatrice Massoth, Part-time Instructor, 50, M.A. (Stephen F. Austin State University), at a salary of $2,000 for 50% time for Summer H, 1990. 4. Economics and Finance Dr. Garland Demarcus Simmons, Assistant Professor, at a salary of $2,000 for 25% time for Summer II, 1990. 5. English and Philosophy Mr. Cydney Adams, Part-time Instructor, at a salary of $3,500 for 50% time for Summer I, 1990. Ms. Debbie Bush, Part-time Instructor, at a salary of $1,167 for 50% time for Summer II, 1990. Ms. Vickey Daley, Lecturer, at a salary of $2,333 for 100% time for Summer II, 1990. Ms. Mary Devine, Lecturer, at a salary of $2,333 for 100% time for Summer II, 1990. Ms. Mary Pierce-Daniel, Part-time Instructor, at a salary of $1,167 for 50% time for Summer II, 1990. Mr. Robert Richey, Part-time Instructor, at a salary of $1,167 for 50% time for Summer II, 1990. 6. Music Mr. Stephen D. Grugin, Assistant Professor and Associate Band Director, at a salary of $2,888 for 100% time for one month, effective August 1,1990. 7. Nursing Ms. Nancy J. Smith-Blair, Instructor, at a salary of $4,794 for 100% time for Summer II, 1990. 8. Physics and Astronomy Dr. Thomas Callaway, Professor, at a salary of $6,000 for 100% time for Summer II, 1990, to conduct research. h Dr. James Dennis, Associate Professor, at a salary of $6,011 for 100% time for Summer II, 1990, to conduct research. 9. Secondary Education Dr. Janiece T. Buck, Part-time Assistant Professor, 56, Ph.D. (University of Texas), at a salary of $2,000 for 50% time for Summer II, 1990. Dr. Carol L. Harrison, Part-time Assistant Professor, 38, Ed.D. (Texas A&M University), at a salary of $2,000 for 50% time for Summer II, 1990. 91-5 Upon motion of Regent Salvant, seconded by Regent Jones, with all members voting aye, it was ordered that the following changes of status for summer 1990 be approved. 1. Administrative Services Dr. libbyrose Clark, Assistant Professor, from a salary of $5,083 for 100% time for Summer n to no teaching assignment. 2. Computer Science Dr. Robert Strader, Assistant Professor, from a salary of $14,560 for 100% time for Summer I and II, 1990, to a salary of $10,920 for 100% time for Summer I and 50% time for Summer II, 1990. 3. English and Philosophy Mr. Boyd Douglass Dollar, Part-time Instructor, from a salary of $2,333 for 100% time for Summer I, to a salary of $2,333 for 50% time for Summer I and 50% time for Summer II, 1990. 4. Forestry Dr. Mingteh Chang, Professor, from a salary of $5,526 for 100% time for Summer 1,1990, to a salary of $11,052 for 100% time for Summer I and Summer II, 1990. Dr. Michael Fountain, Associate Professor, from a salary of $5,487 for 50% time for Summer I and 50% time for Summer II, to a salary of $8,231 for 50% time for Summer I and 100% time for Summer II, 1990. Dr. Gary Kronrad, Assistant Professor, from a salary of $5,200 for 100% time for Summer I, to a salary of $10,400 for 100% time for Summer I and II, 1990. Dr. David Kulhavy, Associate Professor, from a salary of $5,645 for 100% time for Summer I, to a salary of $11,289 for 100% time for Summer I and II, 1990. Dr. David Lenhart, Professor, from a salary of $7,172 for 100% time for Summer I, to a salary of $14,344 for 100% time for Summer I and U, 1990. Dr. Gerald Lowry, Professor, from a salary of $6,577 for 100% time for Summer I, to a salary of $13,154 for 100% time for Summer I and II, 1990. Dr. Malcolm MacPeak, Assistant Professor, from a salary of $7,291 for 100% time for Summer I and 50% time for Summer II, to a salary of $9,722 for 100% time for Summer I and II, 1990. Dr. Hershel Reeves, Professor, from a salary of $6,359 for 100% time for Summer I, to a salary of $12,719 for 100% time for Summer I and II 1990. Mr. David Tracey, Instructor, from a salary of $3,287 for 100% time for Summer I, to a salary of $6,575 for 100% time for Summer I and II, 1990. Dr. Kenneth Watterston, Professor and Assistant Dean, from a salary of $7,349 for 100% time for Summer I, to a salary of $14,497 for 100% time for Summer I and II, 1990. Dr. Montague Whiting, Associate Professor, from a salary of $5,552 for 100% time for Summer I, to a salary of $11,104 for 100% time for Summer I and II, 1990. 5. Geology Dr. Ernest Ledger, Associate Professor, from a salary of $5,408 for 50% time for Summer I and n, to a salary of $8,112 for 50% time for Summer I and 100% time for Summer II, 1990. 6. Home Economics Dr. Patsy Hallman, Professor, from a salary of $3,604 for 50% time for Summer II, to a salary of $7,208 for 100% time for Summer II, 1990. 7. Mathematics and Statistics Mr. Bobby F. Boudria, Assistant Professor, from a salary of $2,320 for 50% time for Summer II, to a salary of $4,640 for 100% time for Summer II, 1990. Mr. Robert Feistel, Instructor, from a salary of $4,333 for 100% time for Summer II, to no teaching assignment. Dr. Sandra McCune, Instructor, from a salary of $1,903 for 50% time for Summer II, to a salary of $3,806 for 100% time for Summer II, 1990. 8. Secondary Education Mr. Darryl Morris, Part-time Instructor, from a salary of $4,000 for 100% time for Summer II, to a salary of $2,000 for 50% time for Summer n 1990. 9. Administrative and Fiscal Affairs Mr. Albert Davis, Custodial Supervisor, from a salary of $17,131 for 100% time, to Co-Interim Custodial Manager at a rate of $19,631 for 100% time from July 1,1990, to August 31,1990, due to an increase in responsibility resulting from the resignation of the Custodial Manager. Mr. J. C. Patton, Custodial Supervisor, from a salary of $21,568 for 100% time, to Co-Interim Custodial Manager at a rate of $24,068 for 100% time from July 1,1990, to August 31,1990, due to an increase in responsibility resulting from the resignation of the Custodial Manager. Mr. Johnny Ray Thompson, Custodial Supervisor, from a salary of $17,276 for 100% time, to Co-Interim Custodial Manager at a rate of $19,776 for 100% time from July 1,1990, to August 31,1990, due to an increase in responsibility resulting from the resignation of the Custodial Manager. 91-6 Upon motion of Regent Christopher, seconded by Regent Hile, with all members voting aye, it was ordered that the following faculty and staff appointments for 1990-91 be approved. 1. Administrative Services Dr. Leland Callaway, Part-time Instructor, at a salary of $2,000 for 25% time for fall semester, 1990. Mr. Dan Giles, Part-time Instructor, at a salary of $3,000 for 50% time for fall semester, 1990. Ms. Carolyn Price, Part-time Assistant Professor, at a salary of $7,318 for 25% time for nine months, effective fall semester, 1990. Dr. Lindsey Whisenhant, Part-time Instructor, 28, J.D. (Texas Southern University Law School), at a salary of $1,500 for 25% time for fall semester, 1990. 2. Art Ms. Jo Ellen Carlson, Lecturer, 55, M.Ed. (Oklahoma State University), at a salary of $11,000 for 100% time for fall semester, 1990. 3. Biology Ms. Sheryl Hartz, Graduate Teaching Intern, at a salary of $13,000 for 100% time for nine months, effective fall semester, 1990. Mr. Gene Sullivan, Part-time Instructor, at a salary of $1,750 for 25% time for fall semester, 1990. 4. Chemistry Dr. Donald Ray Fulsom, Assistant Professor, 33, Ph.D. (Texas A&M University), at a salary of $29,000 for 100% time for nine months, effective fall semester, 1990. 5. Communication Mr. Gary Borders, Lecturer, 35, M.A. (University of Texas at Austin), at a salary of $2,000 for 25% time for fall semester, 1990. Dr. Jennie C. Casey, Part-time Lecturer, at a salary of $6,000 for 75% time for fall semester, 1990. Mr. Morgan C. Eldred, Part-time Instructor, 34, M.A. (University of Oklahoma), at a salary of $3,500 for 50% time for fall semester, 1990. Mr. Kenneth Kennamer, Lecturer, at a salary of $1,930 for 25% time for fall semester, 1990. Mr. Delton McGuire, Lecturer, 36, B.S. (Oklahoma Christian College), at a salary of $6,000 for 100% time for fall semester, 1990. Ms. Wanda Mouton, Lecturer, at a salary of $2,000 for 25% time for fall semester, 1990 Dr. Jean Parker, Assistant Professor, 46, Ph.D. (University of Oklahoma), at a salary of $28,000 for 100% time for nine months, effective fall semester, 1990. Mr. Gary R. Walters, Part-time Instructor, 41, B.S. (Stephen F. Austin State University), at a salary of $1,750 for 25% time for fall semester, 1990. Ms. Tammy Whitehead, Lecturer, 26, B.A. (Stephen F. Austin State University), at a salary of $3,500 for 50% time for fall semester, 1990. 6. Computer Science Dr. Regan Lee Rayburn, Lecturer, at a salary of $2,000 for 25% time for fall semester, 1990. 7. Counseling and Special Educational Programs Dr. Newel Holland, Lecturer, at a salary of $2,000 for 25% time for fall semester, 1990. Dr. Jack Nelson, Lecturer, at a salary of $1,000 for 25% time for fall semester, 1990. Ms. Ramona L. Segrest, Part-time Instructor, 58, M.Ed. (Northeast Louisiana University), at a salary of $1,500 for 25% time for fall semester, 1990. Dr. Elnita Stanley, Part-time Professor, at a salary of $4,000 for 50% time for fall semester, 1990. 8. Criminal Justice Mr. Howard Whitworth, Lecturer, 57, B.L. (University of Houston), at a salary of $1,500 for 25% time for fall semester, 1990. 9. Early Childhood Laboratory Ms. Susan K. Minick-Seward, Kindergarten Teacher, 31, B.S. (Eastern Kentucky University), at a salary of $17,000 for 100% time for 12 months, effective fall semester, 1990. 10. Economics and Finance Mr. Danny Gallant, Part-time Instructor, at a salary of $1,750 for 25% time for fall semester, 1990. Ms. Kathryn Lane, Lecturer, at a salary of $3,000 for 50% time for fall semester, 1990. Mr. William Lyon, Part-time Instructor, at a salary of $1,750 for 25% time for fall semester, 1990. Mr. Nelson Warren Miller, Jr., Part-time Instructor, at a salary of $1,500 for 25% time for fall semester, 1990. Mr. John D. Montfort, Part-time Instructor, 40, M.B.A. (University of Texas at San Antonio), at a salary of $3,500 for 50% time for fall semester, 1990. 11. Elementary Education Ms. Kathy Anderson, Part-time Instructor and Primary Teacher in the Early Childhood Laboratory, 37, M.Ed. (Stephen F. Austin State University), at a salary of $26,160 for 100% time for twelve months, effective fall semester, 1990. Ms. Annelle Barbin, Part-time Instructor, at a salary of $1,750 for 25% time for fall semester, 1990. Dr. Macra Brunson, Part-time Assistant Professor, at a salary of $14,459 for 50% time for nine months, effective fall semester, 1990. Ms. Wynter Chauvin, Part-time Instructor, 33, M.Ed. (Stephen F. Austin State University), at a salary of $3,000 for 50% time for fall semester, 1990. Ms. Becky Griffith, Part-time Instructor, at a salary of $1,500 for 25% time for fall semester, 1990. Ms. Cynthia Heckler, Part-time Instructor, at a salary of $1,500 for 25% time for fall semester, 1990. Ms. Beatrice Massoth, Lecturer, at a salary of $6,000 for 100% time for fall semester, 1990. Ms. Peggy Price, Lecturer, at a salary of $5,500 for 100% time for fall semester, 1990. Ms. Claudia G. Whitley, Part-time Instructor, at a salary of $1,500 for 25% time for fall semester, 1990. 12. English and Philosophy Mr. Cydney Adams, Part-time Instructor, at a salary of $3,500 for 50% time for fall semester, 1990. Ms. Sylvia Bierschenk, Lecturer, at a salary of $7,000 for 100% time for fall semester, 1990. Ms. Barbara Burkett, Part-time Instructor, at a salary of $7,000 for 100% time for fall semester, 1990. Dr. Royce Burton, Part-time Instructor, at a salary of $4,000 for 50% time for fall semester, 1990. Ms. Debbie Bush, Lecturer, at a salary of $7,000 for 100% time for fall semester, 1990. Ms. Vickey Daley, Lecturer, at a salary of $7,000 for 100% time for fall semester, 1990. Ms. Ouida Dean, Lecturer, at a salary of $7,000 for 100% time for fall semester, 1990. 10 Ms. Mary Devine, Lecturer, at a salary of $7,000 for 100% time for fall semester, 1990. Ms. Patricia Fortney, Teaching Intern, 26, M.S. (Stephen F. Austin State University), at a salary of $14,000 for 100% time for nine months, effective fall semester, 1990. Dr. Constance Hall, Part-time Instructor, at a salary of $4,000 for 50% time for fall semester, 1990. Ms. Sarah Jackson, Lecturer, 51, M.A. (Southern Methodist University), at a salary of $7,000 for 100% time for fall semester, 1990. Ms. Sue Parsons, Part-time Instructor, at a salary of $5,250 for 75% time for fall semester, 1990. Ms. Mary E. Pierce-Daniel, Lecturer, at a salary of $7,000 for 100% time for fall semester, 1990. Ms. Lynda K. Russell, Lecturer, at a salary of $7,000 for 100% time for fall semester, 1990. Ms. Nancy Shaffer, Part-time Instructor, at a salary of $3,500 for 50% time for fall semester, 1990. Ms. Diana Throckmorton, Lecturer, 31, M.A. (Stephen F. Austin State University), at a salary of $7,000 for 100% time for fall semester, 1990. Ms. Leann West, Part-time Instructor, at a salary of $1,750 for 25% time for fall semester, 1990. 13. Forestry Dr. Soo-wook Lee, Exchange Professor from Korea, 48, Ph.D. (University of Wisconsin at Madison), at a salary of $10,000 for ten months, effective fall semester, 1990. Dr. Paul Risk, T.L.L. Temple Chair Professor, Ph.D (Michigan State University), at a salary of $90,000 for 100% time for twelve months, effective fall semester, 1990. 14. History Ms. Hazel Abernethy, Part-time Instructor, at a salary of $3,600 for 50% time for fall semester, 1990. 11 Mr. Daniel F. Rankin, Part-time Instructor, at a salary of $1,800 for 25% time for fall semester, 1990. Mr. Ronald Spiller, Part-time Instructor, at a salary of $1,800 for 25% time for fall semester, 1990. Ms. Rhonda Williams, Part-time Instructor, 29, M.A. (Stephen F. Austin State University), at a salary of $3,600 for 50% time for fall semester, 1990. 15. Home Economics Ms. Catherine Barra, Instructor and Pre-K I Teacher for the Early Childhood Laboratory, 41, M.Ed. (Lamar University), at a salary of $22,800 for 100% time for twelve months, effective fall semester, 1990. Ms. Tammy J. Kotara, Instructor, 25, M.H.M. (University of Houston), at a salary of $20,000 for 100% time for nine months, effective fall semester, 1990. Ms. Sally Ann Swearingen, Part-time Instructor, at a salary of $7,600 for 50% time for nine months, effective fall semester, 1990. 16. Kinesiology and Health Science Dr. Barbara J. Cordell, Lecturer, 39, Ph.D. (University of Utah), at a salary of $2,000 for 25% time for fall semester, 1990 . Mr. Wayne Jacobs, Lecturer, at a salary of $5,000 for 83% time for fall semester, 1990. Dr. George R. Taylor, Assistant Professor, 38, Ed.D. (Texas A&M University), at a salary of $23,500 for 100% time for nine months, effective fall semester, 1990. 17. Library Mr. Wade Carter, Librarian I, 37, M.L.S. (University of North Texas), at a salary of $18,725 for 100% time for nine months, effective fall semester, 1990. 18. Management and Marketing Dr. Richard Ballenger, Part-time Instructor, at a salary of $3,500 for 50% time for fall semester, 1990. 12 Mr. Thomas Hebert, Lecturer, at a salary of $3,458 for 100% time for one and one-half months, effective September 17, 1990. Mr. William G. Krause, Lecturer, at a salary of $9,000 for 100% time for fall semester, 1990. Ms. Kathryn Lane, Lecturer, at a salary of $6,000 for 50% time for fall semester, 1990. Mr. Johnny Long, Lecturer, at a salary of $21,840 for 100% time for fall semester, 1990. 19. Mathematics and Statistics Mr. Charles E. Blanchard, Lecturer, 51, M.S. (University of Southwestern Louisiana), at a salary of $20,000 for 100% time for nine months, effective fall semester, 1990. Mr. Harold Bunch, Part-time Assistant Professor, at a salary of $14,200 for 100% time for fall semester, 1990. Mr. David W. Carter, Lecturer, 29, M.A. (Sam Houston State University), at a salary of $19,500 for 100% time for nine months, effective fall semester, 1990. Dr. Robert Fleet, Lecturer, at a salary of $8,000 for 100% time for fall semester, 1990. Mr. Joseph Gaut, Lecturer, at a salary of $9,250 for 100% time for fall semester, 1990. This includes an overload class. Mr. Hossein Hosseinpour, Lecturer, at a salary of $9,250 for 100% time for fall semester, 1990. This includes an overload class. Ms. Vicky Lymbery, Lecturer, at a salary of $4,150 for 50% time for fall semester, 1990. Ms. Jane Shepard, Lecturer, at a salary of $20,476 for 100% time for nine months, effective fall semester, 1990. Mr. Benjamin Sultenfuss, Lecturer, at a salary of $7,400 for 100% time for fall semester, 1990. Ms. Ellen T. Wood, Lecturer, at a salary of $20,476 for 100% time for nine months, effective fall semester, 1990. 13 20. Modern Languages Ms. Melissa J. Miller, Part-time Instructor, at a salary of $5,600 for 100% time for fall semester, 1990. Dr. Robert Norris, Part-time Instructor, at a salary of $1,650 for 25% time for fall semester, 1990. 21. Music Ms. Diana Allan, Lecturer Intern, at a salary of $18,000 for 100% time for nine months, effective fall semester, 1990. Mr. Dennis Bell, Part-time Lecturer, at a salary of $2,290 for 25% time for fall semester, 1990. Ms. Helen Blackburn, Lecturer, at a salary of $19,000 for 100% time for nine months, effective fall semester, 1990. Mr. Karl Hovey, Part-time Lecturer, 32, B.M. (University of North Texas), at a salary of $4,200 for 50% time for fall semester, 1990. Mr. Jan McDaniel, Lecturer, at a salary of $18,000 for 100% time for nine months, effective fall semester, 1990. Mr. Wayne L. Montag, Part-time Instructor, 36, M.M. (Michigan State University), at a salary of $10,500 for 50% time for nine months, effective fall semester, 1990. Ms. Linda Parr, Part-time Lecturer, at a salary of $3,500 for 50% time for fall semester, 1990. 22. Nursing Ms. Linda Cooper, Lecturer, 40, B.S.N. (Stephen F. Austin State University), at a salary of $28,000 for 100% time for nine months, effective fall semester, 1990. Ms. Ellen Mary Duke, Instructor, 31, M.S.N. (University of Texas Health Science Center), at a salary of $15,000 for 100% time for fall semester, 1990. 23. Physics and Astronomy Dr. John P. Decker, Part-time Professor, at a salary of $20,283 for 50% time for nine months, effective fall semester, 1990. 14 Dr. James Dennis, Part-time Associate Professor, at a salary of $4,508 for 25% time for spring semester, 1991. 24. Political Science and Geography Dr. Joe Ellis Ericson, Part-time Professor, at a salary of $19,696 for 50% time for nine months, effective fall semester, 1990. Dr. Harry Hoechten, Lecturer, at a salary of $6,240 for 75% time for fall semester, 1990. 25. Psychology Mr. Richard Mendola, Part-time Instructor, at a salary of $1,800 for 25% time for fall semester, 1990. Ms. Donna Moore, Part-time Instructor, at a salary of $1,900 for 25% time for fall semester, 1990. Ms. Donna Teafatiller, Part-time Instructor, at a salary of $1,800 for 25% time for fall semester, 1990. 26. Secondary Education Dr. Allan G. Cannon, Part-time Instructor, at a salary of $4,000 for 50% time for fall semester, 1990. Mr. Darryl Morris, Lecturer, at a salary of $2,000 for 25% time for fall semester, 1990. Dr. Morgan Moses, Part-time Professor, at a salary of $19,125 for 50% time for nine months, effective fall semester, 1990. Mr. Malcolm Rector, Part-time Instructor, at a salary of $4,000 for 50% time for fall semester, 1990. Dr. George Thompson, Part-time Professor, at a salary of $12,147 for 50% time for fall semester, 1990. 27. Social Work Ms. Kathleen Belanger, Part-time Instructor, at a salary of $3,500 for 50% time for fall semester, 1990. Ms. Gwendolyn Cunningham, Part-time Instructor, at a salary of $3,500 for 50% time for fall semester, 1990. 15 Mr. Ray T. Johnston, Part-time Instructor, at a salary of $1,500 for 25% time for fall semester, 1990. Mr. Roger B. McNellie, Part-time Instructor, at a salary of $1,750 for 25% time for fall semester, 1990. Dr. Robert Norris, Part-time Instructor, at a salary of $2,000 for 25% time for fall semester, 1990. Mr. Arlyn Vierkant, Part-time Instructor, at a salary of $5,250 for 75% time for fall semester, 1990. 28. Sociology Ms. Marina Blagojevic1, Visiting Assistant Professor, at a salary of $12,500 for 100% time for spring semester, 1991. Mr. Bailey Nations, Lecturer, at a salary of $1,750 for 25% time for fall semester, 1990. 29. Theatre Ms. Juanita Finkenberg, Part-time Instructor, 40, M.A. (California State University), at a salary of $1,500 for 25% time for fall semester, 1990. Ms. Gem E. Holt, Part-time Lecturer, at a salary of $1,500 for 25% time for the fall semester, 1990. Dr. Alan Nielsen, Assistant Professor, 44, Ph.D. (City University of New York), at a salary of $26,000 for 100% time for nine months, effective fall semester, 1990. 30. Applied Studies Faculty members with on-campus assignments are routinely assigned, as needed, to teach field-based, off-campus courses. Faculty are compensated for teaching courses away from the campus through a formula approved by the Board of Regents which includes a payment for the travel time necessary for delivering the course, as well as a stipend for teaching the course. Courses taught in correctional institutions also carry a small additional stipend. Occasionally, individuals teaching part-time on campus will receive a proportional part of their regular salary plus the extra compensation for delivering off-campus courses. The following faculty are teaching for the fall semester, 1990, at the location, and for the salary indicated. 16 Mr. James Bowman Coffield Unit $1,214 Dr. Royce Burton Coffield Unit 2339 Mr. Thomas Dunn Coffield Unit 4,214 Dr. Ralph Eddins Jasper 1,448 Dr. William Heeney Humble 1,540 Dr. Harold Hill Long view 1,436 Dr. Jerry Irons Longview and Coordinator (all off-campus programs) 1,936 Dr. Samir Maamary Humble 1,040 Dr. Bennat Mullen Humble 1^540 Dr. Milton Payne Lufkin 838 Dr. Hugh Prewitt Humble 1,540 Mr. Jesse Richardson Coordinator for Michael and Coffield Units 1,339 Dr. Jose Rodriguez Fairfield 1,488 Dr. John Thornton Humble 1,540 Mr. Arlyn Vierkant Coffield Unit 2^589 31. General Counsel Mr. Scott Chafin, General Counsel, at a salary of $65,000 for twelve months, effective November 5, 1990. 32. University Affairs Ms. Loree Carpenter, Assistant Athletic Trainer, at a salary of $24,526 for ten and one-half months, effective September 1, 1990. Ms. Susan Donohoe, Assistant Basketball Coach for Women, at a salary of $32,000 for ten and one-half months, effective July 6, 1990. Mr. Matthew Fenley, Assistant Athletic Director for Academics and Compliance, at a salary of $38,000 for twelve months, effective September 17,1990. Mr. Gregg Fort, Sports Information Director, at a salary of $20,000 for twelve months, effective July 16,1990. Dr. Sydney Garrett, University Physician, at a salary of $52,418 for ten and one-half months, effective September 4, 1990. Ms. Virginia Gleghorn, Counselor, at a salary of $22,050 for twelve months, effective August 16, 1990. Mr. William J. Hill, Men's Golf Coach, at a salary of $18,000 for nine months, effective September 1, 1990. 17 Dr. Ray Johnson, Director of University Health Services, at a salary of $70,000 for twelve months, effective July 10, 1990. Mr. Charles Lopez, Student Employment Officer, at a salary of $14,895 for twelve months, effective July 9,1990. Ms. Barbara Parker, Placement Coordinator, at a salary of $22,050 for twelve months, effective August 1, 1990. Ms. Julia Thomas, Assistant Basketball Coach and Instructor of Kinesiology, at a salary of $27,000 for ten and one-half months, effective July 6,1990. 91-7 Upon motion of Regent Bryce, seconded by Regent Christopher, with all members voting aye, it was ordered that the following changes of status for 1990-1991 be approved. 1. Communication Dr. Jerry K. Frye, from Professor and Chairman, to Professor at a salary of $57,120 for eleven months, effective fall semester, 1990. Mr. Miles McCall, from Lecturer at a salary of $20,000 for 100% time for nine months, to Assistant Professor at a salary of $26,000 for 100% time for nine months, effective fall semester, 1990. Dr. Robert T. Ramsey, from Associate Professor at a salary of $40,861 for 100% time for nine months, to Interim Chairman and Associate Professor at a salary of $41,311 for 100% time for fall semester, 1990 and Associate Professor only for 100% time for spring semester, 1991. 2. Counseling and Special Educational Programs Dr. Frank Brister, Associate Professor, an additional $1,000 for teaching an overload for fall semester, 1990. Dr. Bruce Payette, Associate Professor, an additional $1,000 for teaching an overload for fall semester, 1990. Ms. Marietta Yeates, Instructor, an additional $1,000 for teaching an overload for fall semester, 1990. 3. Early Childhood Laboratory 18 Ms. Brenda Lynn Bales, from Kindergarten Teacher, to Primary Teacher at a salary of $17,000 for 100% time for twelve months, effective fall semester, 1990. Ms. Lisa R. Mize, from Master Pre-K I Teacher at a salary of $20,000 for 100% time for twelve months, to Instructor of Home Economics at a salary of $21,000 for 100% time for nine months, effective fall semester 1990. Ms. Susan Nelson, from Administrative Assistant at a salary of $18,087 for 100% time, to Part-time Instructor of Home Economics and Director of the Early Childhood Laboratory, at a salary of $29,000 for 100% time for twelve months, effective fall semester,1990. Ms. Sandra K. Roe, from Part-time Instructor and Master Pre-K I Teacher for the Early Childhood Laboratory at a salary of $20,500 for 100% time for twelve months, to a salary of $23,000 for 100% time for twelve months, effective fall semester, 1990. This represents a salary increase necessary to be competitive with salaries offered by public schools. 5. Elementary Education Ms. Cheryl Athey, from Part-time Instructor and Master Kindergarten Teacher for the Early Childhood Laboratory at a salary of $25,508 for 100% time for twelve months, to a salary of $28,300 for 100% time for twelve months, effective fall semester, 1990. This represents a salary increase necessary to be competitive with salaries offered by the public schools. 6. English and Philosophy Ms. Barbara Burkett, from Part-time Instructor at a salary of $5,250 for 75% time for fall semester, 1990, to Lecturer at a salary of $7,000 for 100% time for fall semester, 1990. 7. Geology Dr. Marvin Carey Crocker, Jr., from Professor at a salary of $39,035 for 100% time for nine months, to Professor and Interim Chairman at a salary of $47,291 for 100% time for ten and one-half months, effective fall semester, 1990. Dr. William P. Roberts, from Professor and Chairman at a salary of $54,103 for 100% time for eleven months, to Professor at a salary of $44,266 for 100% time for nine months, effective fall semester, 1990. 19 8. Home Economics Dr. Patsy Hallman, Professor, an additional $2,000 for teaching an overload for fall semester, 1990. 9. Management and Marketing Dr. Joe Ballenger, from Assistant Professor at a salary of $35,847 for 100% time for nine months, to a salary of $17,924 for 100% for the spring semester, 1991. He will be teaching in Korea as an Exchange Professor during the fall semester, 1990. 10. Mathematics and Statistics Mr. Charles Blanchard, Lecturer, an additional $2,500 for teaching an overload for fall semester, 1990. Mr. David W. Carter, Lecturer, an additional $2,437.50 for teaching an overload for fall semester, 1990. Dr. Robert Fleet, Lecturer, an additional $2,000 for teaching an overload for fall semester, 1990. Ms. Jane Shepard, Lecturer, an additional $2,559.50 for teaching an overload for fall semester, 1990. Benjamin Sultenfuss, Lecturer, an additional $1,850 for teaching an overload for fall semester, 1990. Ms. Ellen Wood, Lecturer, an additional $2,559.50 for teaching an overload for fall semester, 1990. 11. Modern Languages Dr. Olin Newton, Professor, from a salary of $36,931 for 100% time for nine months, to a salary of $37,831 for 100% time for nine months, effective fall semester, 1990. 12. Music Ms. Diana Allan, Lecturer Intern, an additional $2,310 for teaching an overload for fall semester, 1990. 20 Mr. Wayne Montag, Part-time Instructor, an additional $1,750 for teaching an overload for fall semester, 1990. 13. Physics and Astronomy Dr. John P. Decker, Professor, from a salary of $20,283 for 50% time for nine months, to a salary of $20,283 for 100% time for fall semester, 1990. 14. Administrative and Fiscal Affairs Ms. Wanda J. High tower, Accounting Assistant, from a salary of $15,946 for 100% time for twelve months, to Accounting Assistant, at a salary of $16,743 for 100% time for twelve months, effective September 1, 1990. This is to correct an error in the printed budget. Ms. Linda S. Honea, Accounting Clerk II, from a salary of $11,432 for 100% time for twelve months to Accounting Clerk II at a salary of $12,004 for 100% time for twelve months effective September 1, 1990. This is a merit increase not reflected in the printed budget. Mr. Albert Davis, from Co-Interim Custodial Manager to Custodial Supervisor, at a salary of $19,631 for 100% time effective September 1, 1990. This change results from a permanent redistribution of responsibility in custodial management. Mr. J. C. Patton, from Co-Interim Custodial Manager to Custodial Supervisor, at a salary of $24,068 for 100% time effective September 1, 1990. This change results from a permanent redistribution of responsibility in custodial management. Mr. Johnny Ray Thompson, from Co-Interim Custodial Manager to Custodial Supervisor, at a salary of $19,776 for 100% time effective September 1, 1990. This change results from a permanent redistribution of responsibility in custodial management. Ms. Betty Jacks, from Buyer at a salary of $14,250 for 100% time to Assistant Director of Inventory at a salary of $21,500 for 100% time, effective September 1, 1990. Ms. Diana Boubel, from Interim Director of Purchasing at a salary of $30,000 for 100% time to Director of Purchasing and Inventory at a salary of $36,000 for 100% time, effective September 1, 1990. 15. Affirmative Action 21 Dr. Richard Voigtel, Professor and Chair of the Department of Counseling and Special Educational Programs, Director of Handicapped Student Services, and Director of Affirmative Action to Professor and Chair of the Department of Counseling and Special Educational Programs and Director of Handicapped Student Services, effective September 1, 1990. This is a change in title only due to the relocation of affirmative action responsibilities. 16. University Affairs Ms. Mary Bostwick, Counselor, from a salary of $22,000 to a salary of $25,000 for twelve months, effective September 1, 1990. Dr. Oren Irion, University Physician, an additional salary of $691.20, effective July 23, 1990, to provide Health Services coverage during the director's transition. Dr. Janice Ledet, University Physician, an additional salary of $2,304, effective July 16, 1990, to provide Health Services coverage during the director's transition. Mr. George C. Allen, Assistant Athletic Director of Student Services at a salary of $38,000 for 100% time, to Assistant Director of Off-Campus Programs and Continuing Education for 100% time at a salary of $38,000 for 10.5 months, effective September 1, 1990. 91-8 Upon motion of Regent Windham, seconded by Regent Blake, with all members voting aye, it was recommended that the following leaves of absence be granted. 1. Biology Dr. Elray S. Nixon, Professor, effective fall semester, 1990 for medical reasons. 2. English and Philosophy Dr. Bruce V. Roach, Associate Professor, effective June 5,1990 for medical reasons. 91-9 Upon motion of Regent Bryce, seconded by Regent Salvant, with all members voting aye, it was ordered that the following faculty development leave change be approved. 22 Dr. John W. Dahmus, Professor of History, from fall semester, 1990, to spring semester, 1991. 91-10 Upon motion of Regent Haynes, seconded by Regent Hile, with all members voting aye, it was ordered that the following underenrolled classes be approved for Summer II, 1990. 1. SED 322 - Curriculum Organization/Instruction Enrollment: 6 Required course to keep proper sequence. 2. CJS 550 - Problems in Criminal Justice Enrollment: 1 Required for graduation. 91-11 Upon motion of Regent Hile, seconded by Regent Haynes, with all members voting aye, it was ordered that the following underenrolled classes be approved for the fall semester, 1990. 1. ELE 381 - Methods of Teaching Science Enrollment: 9 Cross-listed course (interdepartmental). 2. ELE 382 - Methods of Teaching Social Studies Enrollment: 8 Cross-listed course (interdepartmental). 3. SED 404 - Instructional Methods and Strategies Enrollment: 7 Required course to keep proper sequence. 4. SED 409 - The Secondary School Student Enrollment: 7 Required course to keep proper sequence. 5. MTH 301 - Computer Mathematics Enrollment: 5 Required for graduation. 6. PHY 242 - Technical Physics II Enrollment: 8 23 Required course to keep proper sequence. 7. PHY 242L - Technical Physics H Lab Enrollment: 8 Required course to keep proper sequence. 8. MTC 252 - Aural Skills IV Enrollment: 9 Required course to keep proper sequence. 9. MUP 537 - Lab Band Enrollment: 2 Required course to keep proper sequence. 10. CJS 550 - Problems in Criminal Justice Enrollment: 4 Required course to keep proper sequence. 11. CSC 565 - Computer Architecture Enrollment: 3 Required for graduation. 12. ART 420 - Printmaking II Enrollment 8 Required for graduation. 13. ART 486 - Baroque Art Enrollment: 7 Required for graduation. 14. FOR 448 - Range Management Enrollment: 6 Cross-listed course (interdepartmental). 15. GEO 439 - Petroleum Geology Enrollment: 4 Cross-listed course (interdepartmental). 16. GEO 443 - Optical Mineralogy Enrollment: 8 Cross-listed course (interdepartmental). 17. FRE 209 - Intermediate French Conversation Enrollment: 8 Required for graduation. 18. FRE 303 - Advanced Grammar and Composition 24 Enrollment: 6 Required course to keep proper sequence. 19. GER 304 - Main Currents of German Literature Enrollment: 9 Required course to keep proper sequence. 20. SPA 426 - Spanish Literature of the Golden Age Enrollment: 8 Required for graduation. 91-12 Upon motion of Regent Salvant, seconded by Regent Christopher, with all members voting aye, it was ordered that the faculty workload report for the fall semester, 1990, be approved by the Chairman of the Board when it is completed and certified by the Vice President for Academic Affairs. 91-13 Upon motion of Regent Windham, seconded by Regent Hile, with all members voting aye, it was ordered that the curriculum changes as presented on page 40 be approved. 91-14 Upon motion of Regent Haynes, seconded by Regent Salvant, with all members voting aye, it was ordered that the policy on AIDS and HIV virus, as presented on page 40 be adopted. 91-15 Upon motion of Regent Blake, seconded by Regent Christopher, with all members voting aye, it was ordered that the prevention program regarding illicit drugs and alcohol abuse, as presented on page 51, be approved. 91-16 Upon motion of Regent Bryce, seconded by Regent Blake, with all members voting aye, it was ordered that the final budget positions of all FY 1990 accounts be approved as presented in the pre-closing report. 91-17 Upon motion of Regent Bryce, seconded by Regent Christopher, with all members voting aye, it was ordered that the administration be authorized to 25 re-negotiate the agreement between the University and ARASERVE, Inc., dated January 30, 1986, as amended, for a five-year period beginning with the fall semester 1991-1992 and the agreement be presented to the Board at the January, 1991, meeting. 91-18 Upon motion of Regent Blake, seconded by Regent Hile, with all members voting aye, it was ordered that the proposal for the defeasance of the 1968 Student Fee Revenue Bonds, the resolution authorizing the defeasance and the escrow agreement be approved and the Chairman of the Board be authorized to sign the necessary documents. 91-19 Upon motion of Regent Haynes, seconded by Regent Christopher, with all members voting aye, it was ordered that the contract for long term disability with Teachers Insurance and Annuity Association/College Retirement Equity Fund, New York, New York, be renewed at the rate of $.51 per $100 of monthly pay for the contract year November 1,1990, through October 31,1991, and the Chairman of the Board be authorized to sign the agreement. 91-20 Upon motion of Regent Hile, seconded by Regent Windham, with all members voting aye, it was ordered that the following resolution to establish an account with NCNB-Houston for processing University employee health care claims be approved. Be It Resolved that an account styled Stephen F. Austin State University Health Plan shall be established with Bank under the terms of Bank's Deposit Agreement, a copy of which has been supplied to Organization, and as hereafter amended, wherein may be deposited any of the funds of Organization, whether represented by cash, checks, notes, or other evidences of debt, and from which deposit withdrawals are hereby authorized in the name of Organization, by any one (1) of the following persons: Joseph P. Crowley, PALICO Kent Lamb, PALICO Donald E. Bowen,SFASU Endorsements for deposit may be evidenced merely by the name of Organization being written or stamped on the instrument deposited, without designation of the party making the endorsement. 26 Be it Further Resolved, that the said bank is hereby authorized to honor any and all withdrawal items against Organization's funds although payable to the person or agent signing or countersigning the same and whether presented for establishment or for credit to the personal account of such person or agent or any other person and Bank need make no inquiry concerning such items and/or the disposition of the money, items or credit given therefor, items payable to Organization which are not offered for deposit may be endorsed by the persons designated above in the number specified to withdraw funds on behalf of Organization. This authorization to sign checks or other orders of withdrawal is to continue in full force until Bank receives notice in writing to the contrary. 91-21 Upon motion of Regent Haynes, seconded by Regent Bryce, with all members voting aye, it was ordered that the administration be authorized to seek approval from the Texas Higher Education Coordinating Board to purchase two parcels of land adjacent to the Temple-Eastex Forestry Laboratory (those being parcels of 72.25 acres of federal land and 103.86 acres of land owned by Sabine Investment Company) for a total amount not to exceed the appraised value and pending approval from the Coordinating Board, that the administration be authorized to negotiate the purchase of the property, and that the Chairman of the Board be authorized to sign the purchase documents. 91-22 Upon motion of Regent Blake, seconded by Regent Salvant, with all members voting aye, it was ordered that the bid for renovation of the Stone Fort Museum from J. E. Kingham Construction Co., Inc., Nacogdoches, Texas, for $247,890 be accepted and the Chairman of the Board be authorized to sign the contract as presented on page 58. 91-23 Upon motion of Regent Hile, seconded by Regent Haynes, with all members voting aye, it was ordered that the budget for the renovation of the Stone Fort Museum of $290,390 be approved as follows. TOTAL BUDGET $290,390 27 91-24 Upon motion of Regent Bryce, seconded by Regent Hile, with all members voting aye, it was ordered that the bid for Shelton Gym Roof Replacement from Carney Roofing Company of Nacogcoches for $120,276, be accepted and the Chairman of the Board be authorized to sign the contract as presented on page 78. 91-25 Upon motion of Regent Bryce, seconded by Regent Hile, with all members voting aye, it was ordered that the budget for the Shelton Gym Roof Replacement be approved as follows: Construction Costs $120,376 Architects and Engineering Fees $ 9,200 Administrative Costs $ 1,000 TOTAL BUDGET $130,576 91-26 Upon motion of Regent Windham, seconded by Regent Bryce, with all members voting aye, it was ordered that the budget for the construction of the Grounds department storage facility be increased from $42,000 to $51,467 and the President be authorized to sign the purchase order for the Kingham Construction Company bid of $51,467 for this project. 91-27 Upon motion of Regent Bryce, seconded by Regent Blake, with all members voting aye, it was ordered that the installation of artificial turf at Homer Bryce Stadium be accepted subject to completion of the punch list, painting touch-ups for the current season, and restriping the field prior to the 1991 season. It was further ordered that the release of retainage funds will be subject to the completion of all of the above noted items. 28 RULES AND REGULATIONS BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY 1. Composition of Board The Board of Regents, Stephen F. Austin State University, is composed of nine members who are appointed by the Governor of Texas, with the advice and consent of the Senate. Three members of the Board are appointed biennially to serve for terms of six years. The Board is charged with the responsibility of performing those duties which are delegated to it by the Legislature. The Board has no authority except as delegated to it by law. Knowledge of the limitations of its authority is imputed to all persons, firms and corporations dealing with the Board. 2. Setting of Meetings The Board of Regents shall convene annually in Nacogdoches, Texas, in the month of April, which meeting shall be known as the Annual Meeting. All meetings of the Board shall conform to the terms of the Texas Open Meetings Act, V.T.C.S., art. 6252-17. Regular meetings of the Board shall be held quarterly at such time and place as a majority of the Board shall determine. Special meetings of the Board may be called by the Chairman, or by a majority of the members of the Board. Telephone conference meetings may be called when circumstances dictate that immediate action would be in the best interest of the University or when it is difficult or impossible to convene a quorum in a single location. Telephone conference meetings shall be restricted to special meetings of the Board. All meetings of the Board of Regents shall be open to the public. Executive sessions of the Board may be held with the consent of a majority of those members present and as authorized by law. A majority of the members of the Board shall constitute a quorum. Proxies shall not be recognized. No formal action shall be taken by the Board in the absence of a quorum. 29 3. Designation of Officers The Officers of the Board shall include a Chairman, a Vice Chairman, a Secretary, and such other officers as may from time to time be elected or appointed. 4. Election of Chairman and Authorization of Duties At the January Meeting of the Board, and as the last order of business after the meeting has been called to order, there shall be elected from the membership of the Board a Chairman, who shall take office upon the Annual Meeting being called to order, and who shall serve until the next Annual Meeting. No member shall serve more than two consecutive terms as Chairman unless the members shall re-elect such member for each term after the two consecutive terms by a vote of at least six (6) members. No member whose appointment on the Board expires prior to the completion of his/her term as Chairman shall be considered for election to that office. In the event of a Chairman's death or resignation, the Vice Chairman shall serve as Chairman of the Board until the next Annual Meeting. The Chairman of the Board shall preside at all meetings of the Board which he/she attends. He/she will be responsible for the agendas of the meetings of the Board. He/she shall have the authority to call special meetings of the Board, as herein provided. He/she shall be an ex officio member of all committees of the Board. He/she shall deliver to each new Board member immediately upon such person's appointment by the Governor a copy of the Regents' Rules and Regulations and a copy of the organization of principal administrative offices of the University. Parliamentary procedure in Board meetings will conform to Robert's Rules of Order Revised when not in conflict with Board rules. The Chairman shall, in the name of the Board, formally execute all contracts and documents authorized by resolutions of the Board, and perform such other duties as are generally imposed on a Chairman of a Board. 30 5. Election of a Vice Chairman and Authorization of Duties A Vice Chairman shall be elected from the membership of the Board immediately following the election of a Chairman and shall take office upon the Annual Meeting being called to order and who shall serve until the next Annual Meeting. No member shall serve more than two consecutive terms as Vice Chairman unless the members shall re-elect such member for each term after the two consecutive terms by a vote of at least six (6) members. The Vice Chairman shall preside over meetings of the Board in the absence of the Chairman, and shall succeed to the rights and powers of the Chairman in the event he/she is absent from the state or is unable to act because of disqualification, or because of physical disability as determined by the Board. The Vice Chairman shall perform such other duties as may be delegated to him/her by the Board. In the event of the death or resignation of a Vice Chairman, the Board shall, - as soon as practical thereafter, elect a successor from the membership of the Board to serve until the next Annual Meeting. 6. Election of Secretary and Authorization of Duties The Board shall select a Secretary who is not a member of the Board, who shall be responsible to the Board and serve at its pleasure. The Secretary shall make preparation for all meetings of the Board, including such notices as are required by law. The Secretary shall attend and keep accurate records of all open meetings of the Board. He/she shall notify all parties affected by the actions of the Board. He/she shall be custodian of all records of the Board and all documentary files thereof, and of all bonds made to the Board and of the official seals of the University, and shall sign and attest with said seals all certifications of the acts of the Board and all documents, certificates, deeds, contracts, and other like instruments authorized by the Board. He/she shall keep the official copy of the Regents' Rules and Regulations. Said copy shall contain all current rules and regulations as set by the Board of Regents. Any changes or additions thereto shall be entered in the official copy and such changes and additions shall be furnished members of the Board and officers of the University as designated by the President. 31 7. Committees of the Board The Chairman of the Board shall appoint at the Annual Meeting of the Board of Regents all committee members and shall designate a chairman of each committee except as otherwise provided herein. 7.1 The Executive Committee shall consist of the Chairman of the Board, the Vice Chairman of the Board, and one other member appointed by the Chairman. Two members present shall constitute a quorum. The Chairman of the Board shall serve as chairman of this committee. This committee shall review and make recommendations to the full Board on any matter related to the governance, control and direction of the policies of the University. 7.2 The Academic and Student Affairs Committee shall consist of three members. This Committee shall consider: (1) the curricula of the various schools and departments of the University with any other matters dealing with academic programs and the progress thereof; (2) the research programs within the University and their relationship to all graduate education; (3) student affairs within the University; (4) personnel matters within the University. The Committee shall summarize facts and present alternatives as necessary. 7.3 The Building Committee shall consist of three members. This committee shall consider: (1) use and occupancy of University property; (2) planning of, locating of, receiving bids for, awarding contracts for, construction of, and maintenance of buildings, utilities, and other physical facilities of the campus. The Committee shall summarize facts and present alternatives as necessary. 7.4 The Finance Committee shall consist of three members. This Committee shall consider: 32 (1) the budgeting and appropriations request processes; (2) all requests for appropriations and budgets covering expenditures of educational and general funds and auxiliary programs, including, but not limited to, the dormitory system, athletic department, bookstore; (3) handling of University funds, depositories, etc., whether from appropriated or contributed funds. The Committee shall summarize facts and present alternatives as necessary. 7.5 The Nominating Committee shall consist of three members. This committee shall be appointed annually at the October Meeting by the Chairman for the purpose of nominating Board officers for election at the January Meeting. 7.6 The Chairman of the Board and/or not less than six members thereof at a meeting of the Board of Regents may at any time appoint special committees, name the members thereof and designate the chairmen. Any special committee so created shall be temporary and shall be charged in writing as to its particular duties and functions and the period in which it is to serve. Action by the Chairman of the Board and/or six such members will be required to extend this period. 8. Prohibiting Contracting with Board Members The Board of Regents shall approve no contract or agreement of any character in which a member of the Board, directly or indirectly, has a pecuniary interest. The provisions of V.T.C.S., art. 6252-9 shall be observed in every instance. 9. Election of University President The Board of Regents shall, at its Annual Meeting, elect the President of the University. The President of the University shall be elected for a term of one year effective on the date and at a salary designated in the appointing order. In case a change in the presidency is made, the Board will accept for consideration suggested nominations from a screening committee representing the Board, the faculty, the 33 Alumni Association, the community, and the student body, which committee shall be appointed by the Board, The President of the University shall be charged with the responsibility of developing and maintaining efficiency and excellence within the University. He/she shall be answerable only to the Board of Regents for his/her actions. The President shall have discretionary powers broad enough to promote the effective administration of the institution and to deal with emergencies which may arise between Board meetings. The President of the University shall be prepared to make recommendations to the Board of Regents on institutional matters which require approval of the Board. 10. Authorization for University President to Nominate Faculty and Staff The President of the University shall nominate annually to the Board of Regents the employment of such faculty members, administrators, and other personnel who, in his/her opinion, will serve the best interests of the institution. All nominations for employment or re-employment shall be in writing and shall state the name of the nominee, as well as academic accomplishments if the nominee is proposed for a faculty or an administrative position. No religious or racial test shall be required as a qualification for employment. The Board of Regents shall have the power to appoint and to remove the President, any faculty member, or other employee of the University when in its judgment, the interest of the University shall require it, and it shall fix the respective salaries and duties of such officers and employees. At its Annual Meeting the Board of Regents shall elect and employ members of the faculty, administration and all other personnel. All such appointments and contracts of employment shall be for a term of one year, and each appointee shall be so advised by the President of the University. Commensurate with the aspirations and ideals of the University, the Board of Regents strongly desires to maintain and encourage learned faculties who, by precept and example, will, with distinction, instruct and inspire their students and reflect credit upon their institution. 34 A vacancy which occurs in the faculty or administration at the University may be filled by interim appointment by the President of the institution, subject to subsequent Board approval. 11. Authorization for University President to Suspend Faculty and Staff Without prior notice or hearing, the President of the University may suspend without pay and immediately remove from the University or assign to other duties with pay, any employee that: (1) poses a continuing danger to persons or property; (2) disrupts the orderly operation of the University; (3) endangers the education of students; (4) has been convicted by a trial court of any felony or a crime of moral turpitude. In such cases, the President shall set a hearing before the appropriate administrator or committee on the employee's case as soon thereafter as is practical unless otherwise waived by the employee. 12. Report or Agenda for Meetings At all regular or special meetings of the Board, the President of the University shall submit a President's Report in writing. Such reports shall follow a uniform format approved by the Board and be bound and tabulated by sections, with the proposed form of recommended Board orders set out in the first section of the report, followed by sections on faculty and staff, budgetary items, contracts, curriculum, miscellaneous items and explanation. The latter section of the report shall set forth in reasonable detail an explanation of each proposed Board order or recommendation. All Board orders proposed in a President's Report shall be drafted with clarity and brevity to reflect, without the need to refer to extraneous sources, the precise action ordered by the Board in each instance. The drafting of multifarious orders for Board consideration shall be avoided. A copy of the President's Report shall be submitted to all members of the Board and the Secretary at least ten days in advance of a meeting of the Board. 35 13. Order of Business All regular and special meetings of the Board of Regents shall be as follows unless the Chairman otherwise directs: A. Invocation B. Approval of the minutes of the preceding meeting C Reports of standing committees D. Reports of special committees E. Other business F. Adjournment 14. Appearance Before the Board The Chairman of the Board of Regents or the President may invite individuals to appear before the Board or one of its committees for specific purposes. Other individuals or group representatives, such as the Chairman of the Faculty Senate or the President of the Student Government Association, wishing to appear before the Board shall file a written request with the President at least seven working days before the appropriate meeting. The written request shall include a statement of the purpose for which an appearance is requested, the nature of the information to be presented and the names of those who will speak to the Board. The President will submit the request to the Chairman of the Board, who will grant the request, deny the request or provide for an appearance before an appropriate committee of the Board. The individual making the request shall be notified of the Chairman's decision, by the President. 15. Annual Budget for University Operations The President shall prepare and submit annually to the Board at its April or July meeting, as specified each year by the Board, a proposed budget for the operation of the institution for the next fiscal period. Copies of all proposed operating budgets shall be submitted in writing to all members of the Board at least one week in advance of such meeting of the Board. 36 16. Monthly Financial Report of University Operations The President of the University shall submit a Monthly Operating Statement to the members of the Board, on or before the fifteenth day of each month, showing as of the last day of the preceding month a summary statement of budget position; general ledger trial balance by fund groups; statement of realization of estimated income; statement of departmental and other balances (including appropriations and credits, expenditures and debits, unexpended balances, encumbrances, and unencumbered balances). All institutional books, records, ledgers and accounts shall be kept and maintained in conformity with recommendations of the State Auditor and the State Comptroller of Public Accounts, subject to approval by the Board. Blanket fidelity bonds, approved by the Board, shall be required to cover all employees of institutions under the jurisdiction of the Board. 17. Student Admission, Degree Requirements, Tuition ana Fees Student admission standards, entrance requirements, and degree qualifications shall be determined and prescribed by the institution, subject to the approval of the Board. No otherwise qualified applicant for student enrollment shall be denied admission solely on the basis of religious or racial tests. Enrollment preference shall be given residents of the State of Texas. Tuition and student fees, and room and board rates shall be established by the institution, subject to legislative direction and approval by the Board. Each member of the Board shall receive copies of all publications of the University. 37 18. Employment of Bond Legal Counsel The Board shall employ bond counsel to advise and represent it in all matters having to do with the issuance or proposed issuance of bonds of any type, the pledge of institutional credit, the assumption of deferred fiscal obligations, or the encumbrance of facilities of any institution under the jurisdiction of the Board. No proposal for the issuance of bonds of any type, or for the pledge of credit or encumbrance of revenue, shall be considered by the Board until it has been submitted in writing to the Board's bond counsel for professional opinion and recommendation. 19. Reimbursement of Expenses Reimbursement of expenses shall be allowed members of the Board for attending regular and special meetings of the Board; for visiting the University at the request of the Board or the Chairman of the Board; for attending formal committee meetings, and for such other special and limited purposes as the Board may expressly authorize in accordance with state regulations. Verified expense accounts shall be submitted to the Secretary for payment and the same shall be subject to review and control by the Board. 20. Use of Campus Facilities for Political Purposes While the use of the facilities of the University for partisan political assemblies and meetings is not normally encouraged, the faculty and administration, as members of a learned and honorable profession, may properly exercise their acknowledged individual rights and obligations of citizenship free of University discipline or censorship. Individual political candidates and their election organizations are not permitted to reserve a University facility for campaign activities. However, if a candidate is invited by a University group, then he or she may appear in the facility, provided that the group extending the invitation is responsible for reserving the facility and meeting the costs related to the event. 38 No member of the Board of Regents shall undertake to influence the political opinions of personnel subject to the Board's jurisdiction, but such personnel are requested to exercise their individual rights of citizenship or academic freedom in a responsible manner reasonably calculated not to identify or associate with the University. A University employee may not use his or her official authority or influence to coerce the political action of a person or body. 21. Authority for Official Statements The Board of Regents hereby reserves to itself the authority and responsibility for determining matters of policy and official statements concerning any political or other subjects of an obviously controversial nature which represents an official policy, statement, or position of the Board of Regents, or of the University. Statements, policies, and positions by the Board of Regents on such matters shall be made by the Board through the Chairman of the Board or the President of the University. No Regent, officer, faculty or staff member shall have the authority to speak for or issue any public statements on policy for and on behalf of the Board of Regents, or of the University, on such matters without prior approval of the Board. 22. Naming of Buildings and Other Facilities Buildings and other facilities (including laboratories and clinics) of Stephen F. Austin State University may be named by the Board of Regents for deceased persons who have made outstanding contributions to the University or its prestige. In extraordinary circumstances, particularly when a significant donation has been made to the University, the Board of Regents may name a building, or other facility, for a living person. Proposed names may be submitted from any source to the Council of Deans for their recommendation to the President who, if he concurs, shall submit such names together with background reasons, to the Board of Regents for consideration; provided, however, the Board of Regents may act without receiving a nomination from the Council of Deans when circumstances justify such action, and particularly 39 when a substantial donation has been made toward the construction of the building or facility to be named. A name will not be moved from one building to another, and when a building is razed, the name will no longer be used. A plaque shall be placed on each new building. The plaque shall show the names of the Board of Regents in alphabetical order, and the names of those occupying the following positions on the date of the contract award: the Chairman of the Board of Regents; the President of the University; the Vice President for Administrative and Fiscal Affairs and any other appropriate vice president; the architect, and the contractor, together with the year the contract is awarded. 23. Provisions to Amend Rules and Avoid Conflict with Statutes The Rules and Regulations herein provided may be amended by a majority vote of members of the Board at any regular meeting or at a special meeting of the Board called for that purpose. Proposed amendments shall be filed in writing with the Secretary and copies submitted to each Board member at least fifteen (15) days before the same are considered by the Board. Should all or any part of the foregoing Rules and Regulations conflict with any constitutional, statutory or legislative appropriations provisions, they shall be amended to conform therewith. STEPHEN F. AUSTIN STATE UNIVERSITY UNDERGRADUATE CURRICULUM COMMITTEE A. Additions: Department and Number Administrative Services ADS347 Art ART482 Art ART483 Art ART484 Communication COM098 Communication COM308 Communication COM406 Communication COM409 Computer Science CSC102 Computer Science CSC241 Computer Science CSC342 Home Economics HEC102 Home Economics HEC202 Home Economics HEC220 Home Economics HEC222 Home Economics HEC302 Home Economics HEC322 Home Economics HEC380 Home Economics HEC422 Home Economics HEC424 Home Economics HEC480 Music MHL246 Music MHL349 Music MUP310 Music MUP311 Kinesiology/Health Science DAN475 Kinesiology/Health Science HSC475 Kinesiology/Health Science KIN119 Kinesiology/Health Science KIN330L Social Work SWK345 Title and Credit Administrative Communication (3) History of Photography (3) Greek and Roman Art (3) Nineteenth Century European Art (3) Oral English Proficiency Program (0) Advertising Cases and Campaigns (3) Professional Communication Skills (3) Broadcast Sales (3) Computer Science Principles (3) Data Structures (3) Algorithm Analysis (3) Introduction to Hospitality Industry (3) Travel and Tourism (3) Convention, Catering, Club Management (Beverage) (3) Public Health and Safety Management (3) Residential and Lodging Operations (3) Facility Planning/Management (3) Residential and Lodging Management (3) Hospitality Practicum I (1) Hospitality Practicum II (1) Administrating, Supervising, Marketing Hospitality Administration (3) Early Music and Music Bibliography (2) Twentieth Century and World Musics (3) Instrumental Seminar (3) Vocal/Choral Seminar (2) Special Problems (1-3) Special Problems (1-3) Taekwondo (2) Measurement and Evaluation Laboratory (1) Correctional Counseling (3) B. Revisions: Department and Number Agriculture AGR243 Agriculture AGR339 Computer Science CSC221 Computer Science CSC202 Computer Science CSC211 Computer Science CSC321 Computer Science CSC326 Computer Science CSC331 Computer Science CSC340 Computer Science CSC421 Computer Science CSC431 Computer Science CSC435 Computer Science CSC441 Computer Science CSC442 Computer Science CSC445 Counseling/Spec Ed HSE395 Economics and Finance FTN410 English and Philosophy ENG131 English and Philosophy ENG132 Forestry FOR249 Forestry FOR454 Home Economics HEC115 Home Economics HEC206 Home Economics HEC212 Current Title and Credit Principles of Animal Production (3) Residential Landscape Design (3) Introduction to Information Processing Systems (3) Computer Programming Principles (3) Programming with Business-Oriented Languages (3) Programming Methods for Data Processing Applications (3) File Processing (3) Programming Methods for Scientific Applications (3) Application Software for Microcomputers (3) Applied Operations Research (3) System Simulation and Model Building (3) Teleprocessing and Data Communications (3) Principles of System Programming (3) Organization of Programming Languages (3) Computer Graphics (3) Rehabilitation Process and Practice (3) Speculative Markets (3) Composition: Rhetoric and Argument (3) Composition: Critical and Analytical (3) Forest Soils (4) Non-Game Management (3) Introduction to Interior Design (3) Interior Design Graphics I (3) History of Interiors (3) New No. New Title and Credit AGR243 Beef Cattle Science (3) AGR339 Computer Assisted Landscape Design (3) CSC121 Introduction to Information Processing Systems (3) CSC202 Computer Programming Principles (3) CSC211 Programming with Business-Oriented Languages(3) CSC321 Programming Methods for Business Applications (3) CSC326 File Processing (3) CSC331 Programming Methods of Scientific Applications (3) CSC340 Application Software for Microcomputers (3) CSC421 Applied Operations Research (3) CSC431 System Simulation and Model Building (3) CSC435 Teleprocessing and Data Communications (3) CSC441 Principles of Systems Programming (3) CSC442 Organization of Programming Languages (3) CSC445 Computer Graphics (3) HSE405 Rehabilitation Process and Practice (3) FIN410 Speculative Markets (3) ENG131 Composition: Rhetoric and Argument (3) ENG132 Composition: Critical and Analytical (3) FOR349 Forest Soils (4) FOR454 Non-Game Wildlife Ecology (3) HEC115 Principles, Elements & Resources in Design (3) HEC206 Graphics (3) HEC212 History of Interior Furniture, Furnishings and Architecture (3) HEC310 Creative Design Solutions (3) HEC312 Residential Design (3) HEC314 Building Construction Systems (3) HEC316 Interior Lighting and Cabinetry (3) HEC350 Leadership in Home Economics (1) HEC410 Commercial Design I (3) HEC412 Commercial Design II (3) Kinesiology/Health Science KIN200 Kinesiology/Health Science KIN475 Military Science MSC104 Military Science MSC201 Military Science MSC202 Military Science MSC301 Military Science MSC302 Mcxlern Languages SPA410 Music MHL347 Music MHL348 Physics and Astronomy PHY220 Physics and Astronomy PHY232 Physics and Astronomy PHY232L Social Work SWK315 Social Work SWK415 Sociology SOC475 C. Deletions: Computer Science CSC341 Computer Science CSC344 Computer Science CSC432 Military Science MSC206 Special Studies in Games, Sports and Activities (2) KIN200 Data Structures (3) Microprocessing (3) Applied Numerical Methods (3) Leaders and Trends (3) Special Studies in Games, Sports, and Activities (1-2) Special Problems (1-3) Marksmanship (2) Basic Leadership Skills (2) Leadership and Management at the Small Unit Level (2) Small Unit Leadership Techniques (3) Supplementary Leadership Methods (3) Contrastive Linguistics, Spanish/English (3) Baroque and Classic Music (2) Romantic Music (2) Engineering Statics (4) Electrical Circuits and Devices (3) Electrical Circuits and Devices Laboratory (1) Social Welfare Policies and Services (3) Social Welfare Legislation (3) Independent Studies in Sociology (1-3) STEPHEN F. AUSTIN STATE UNIVERSITY GRADUATE CURRICULUM COMMITTEE A. Additions: Department and Number Art ART401G Art ART475G Art ART497G Art ART482G Art ART483G Art ART484G Counseling/Spec Ed. GCN522 Counseling/Spec Ed. EPS550 Counseling/Spec Ed. GCN595 Kinesiology/Health Science KIN520 Theatre THR522 Theatre THR535 Theatre THR550 Theatre THR551 Theatre THR560 Theatre THR561 Title and Credit Expressive Drawing (3) Illustration (3) Art Topics (3) History of Photography (3) Greek and Roman Art(3) Nineteenth Century European Art (3) Family Counseling (3) Research Methods (3) Internship in Counseling (6) Kinesthetic Approach to Early Childhood Development (3) History and Theory in Directing (3) Design Principles for Directors (3) Directing Practicum (1-3) Theatrical Process (3) Dramatic Criticism, Theory and History (3) Dramatic Criticism, Theory and History (3) B. Revisions: Department and Number Biology BIO520 Computer Science CSC421 Computer Science CSC431 Computer Science CSC435 Computer Science CSC441 Computer Science CSC445 Counseling/Spec Ed HSE395 Counseling/Spec Ed GCN520 Counseling/Spec Ed GCN528 Counseling/Spec Ed GCN594 Home Economics HEC527 Current Title and Credit New No. Cryptogamic Botany (3) BIO520 Applied Operations Research (3) CSC421 Systems Simulation and Model Building (3) CSC431 Teleprocessing and Data Communications (3) CSC435 Principles of Systems Programming (3) CSC441 Computer Graphics (3) CSC445 Rehabilitation Process and Practice (3) CSC405G Counseling and Guidance Services (3) GCN520 Group Techniques in Guidance and Counseling (3) GCN528 Practicum in Counseling (3) GCN594 Family Clothing (3) ' HEC527 New Title and Credit Phycology (3) Applied Operations Research (3) Systems Simulation and Model Building (3) Teleprocessing and Data Communications (3) Principles of Systems Programming (3) Computer Graphics (3) Rehabilitation Process and Practice (3) Introduction to Counseling (3) Group Counseling (3) Practicum in Counseling (3) Textiles and Apparel Studies (3) Home Economics HEC532 Home Economics HEC535 Home Economics HEC539 Home Economics HEC551 Home Economics HEC552 Home Economics HEC553 Home Economics HEC560 Home Economics HEC574 Kinesiology/Health Science HSC570 Kinesiology/Health Science KIN525 Kinesiology/Health Science KIN545 Kinesiology/Health Science KIN550 Kinesiology/Health Science KIN575 Kinesiology/Health Science KIN585 Political Sci/Geography PSC402 Political Sci/Geography PSC445 Theatre THR500 Community Nutrition (3) Advanced Diet Therapy (3) Methods and Resources for Teaching Nutrition (3) Infant Programs: Development and Administration (3) Dynamics of Family Relationships (3) The Parent (3) Laboratory for Home Economists (3) Special Studies in Home Economics (3) Seminar in Health Education (3) Curriculum Construction in Physical Education (3) Current Trends and Issues in Physical Education and Recreation (3) Research in Health and Physical Education (3) Advanced Graduate Studies (3) Tests and Measurements in Physical Education (3) American Constitutional Law: Structure and Powers (3) Policy Analysis (3) Introduction to Graduate Research (3) C. Deletions: Computer Science CSC432 Theatre THR521 Theatre THR534 Theatre THR557 Applied Numerical Methods (3) History of Modern Theatre (3) Dramatic Production (3) Dramatic History, Theory, and Criticism (3) 45 AIDS and HIV Virus Index D-1.1 Original Implementation: September, 1990 Page 1 of 6 Last Revision: None Stephen F. Austin State University recognizes the increasing public awareness and concern over AIDS and the HIV virus. For the purposes of this policy, AIDS means acquired immune deficiency syndrome, and HIV Virus means human immuno deficiency virus. AIDS is a fatal disease which has become a nationwide public health problem in the last few years. In health related matters such as this one, the University shall follow the guidelines of recognized authorities including: the National Centers for Disease Control, the United States Public Health Service, the Texas Department of Health, and the American College Health Association. Further, the University shall conform its actions to the Texas Communicable Disease Prevention and Control Act, the Texas Human Immunodeficiency Virus Services Act, and other law. The health status of a person infected with the HIV virus may vary from an apparently healthy, normally functioning individual to a critically ill person. However, there is no current medical evidence that persons infected with the HIV virus present a health risk to others in the normal academic or workplace setting. Routine daily encounters with others pose no risk of transmitting the fragile, blood-borne virus. Accordingly, there is no reason to exclude individuals with AIDS or the HIV virus from campus academic, social, or cultural activities. Therefore, on the basis of current knowledge of the disease, persons sharing common living space, work or study areas, libraries, classrooms, recreational facilities, and theaters do not represent a problem or public threat to the campus community. Students and employees (faculty and staff) of the University who may become infected with the HIV virus will not be excluded from enrollment or employment, or restricted in their access to University services or facilities, unless medically-based judgments in individual cases establish that exclusion or restriction is necessary to the welfare of the infected person or of the other members of the University community. Persons with HIV infection are entitled to the same rights and opportunities as persons with other communicable diseases. The University prohibits any discrimination in its programs and activities against a person with HIV infection unless based on accurate scientific information. Any student, faculty member, or employee who violates this rule may be subject to appropriate disciplinary action. When circumstances arise that require review of any matter regarding HIV/AIDS, the President will seek the advice of the Director of University Health Services, the attending physician, and other relevant parties. An opportunity will be provided for persons involved in the matter to discuss their circumstances. Members of the Public Health Committee will be available to review the issues and to provide recommenda tions to the President for appropriate action. In the event of public inquiry concerning University policy, programs, problems, or statistics related to AIDS on campus, the Director of University News and Information Services will serve as the official spokesperson for the University and will enlist the cooperation of the Director of University Health Services and the Public Health Committee as necessary to prepare an appropriate response. All inquiries from the press, elected public officials, or the public in general will be referred to the spokesperson. Inquiries of a more private or specific nature may be made to the 46 Index D-lol Page 2 of 6 Director of University Health Services or the Chairman of the Public Health Committee. The medical records and test results of any HIV-infected person on the campus shall remain confidential and private information in accordance with law. The breach of that confidentiality may result in litigation and in severe penalties, both civil and criminal. (Some exceptions to confidentiality are permitted by law.) The University shall keep the number of people who are aware of the existence and identity of students, faculty, or staff members who have AIDS or the HIV virus to an absolute minimum to protect the confidentiality and privacy of the infected persons and to avoid the generation of unnecessary fear and anxiety on the campus. However, public information shall be disclosed upon request in accordance with the Texas Open Records Act, the Family Educational Rights and Privacy Act, the Texas Communicable Disease Prevention and Control Act, the Texas Human Immunodeficiency Virus Services Act, and other law. Persons who know, or have a reasonable basis for believing, that they are infected with the AIDS virus are expected to seek expert advice about their health circumstances and are obligated, ethically and legally, to conduct themselves responsibly in accordance with such knowledge for the protection of other members of the University community. The University encourages regular medical follow-up for such persons. The University shall carefully observe the safety guidelines established by the U.S. Public Health Service for the handling of blood and other body fluids and secretions in University Health Services and in other institutional contexts in which such fluids or secretions may be encountered (e.g., teaching and experimental laboratories). The University shall strictly observe the public health reporting requirements for AIDS and HIV infection as well as other communicable diseases. The University shall make this policy available upon request to students, faculty, and staff members and such a statement will be included in the Student Handbook and Activities Calendar and in the Policy and Procedure Manual. Policy for the Work Environment In the work setting, the University's major concern will be whether an HIV-infected employee will be able to satisfactorily perform job duties. The University will make accommodations to keep an employee with HIV infection employed and productive for as long as the employee is capable of this performance. Most HIV-infected employees will be able to perform their job duties for an extended period before their illnesses interfere with job-related performance. During the asymptomatic period, the employee is not obligated to provide information about his/her HIV status to the University. However, an employee may want to share information about his/her HIV-infected status with University officials so that responsible management decisions may be made about: 47 Index D-l.l Page 3 of 6 1. assignments or reassignments of job duties; 2. evaluating leave policies to assure leave time comparable to other medical conditions; 3. determinations of possible qualification for disability entitlements; and, 4. monitoring the insurance status of the HIV-infected employee to assure continuation of coverage. Once HIV-related symptoms occur, the employee has the responsibility as in the case of other illnesses to provide medically verified information relating to the ability to perform job duties. Based on federal and state law, any medical documentation of information provided by an HIV-infected employee to University officials must be considered confidential and private information. As such, University officials are forbidden by law from disclosing this information to others without the employee's knowledge and consent. (Some exceptions to confidentiality are permitted by law.) The University requires that any consent to disclosure by the employee be in writing. Any University employee who breaches the confidentiality of this information commits a serious offense that may be cause for litigation, resulting in both civil and criminal penalties. University employees who refuse to work with HIV-infected co-workers may be subject to disciplinary action. University departmental chairmen and directors should carefully monitor and document any instances of such refusal in violation of this policy and take appropriate disciplinary action. At least once each year, Personnel Services shall conduct an HIV/AIDS training program for the management staff of the University and include in the program: 1. current medical information about HIV transmission and prevention; 2. confidentiality and related laws; 3. personnel management, including relevant policies; 4. development of staff problem-solving skills; and 5. a plan for scheduled periodic training. Also, each year Personnel Services shall conduct HIV/AIDS employee education programs to: 1. provide basic and accurate information regarding the modes of transmission and prevention of HIV infection; 2. reduce fear and misinformation of HIV/AIDS; 48 Index D-1.1 Page 4 of 6 3. help faculty and staff recognize and avoid personal behaviors that might cause them to become infected with the HIV virus; 4. encourage nondiscrimination, which enables the HIV-infected person to remain employed as long as feasible; 5. help maintain productivity and lawful behavior in the workplace; and 6. provide continuing information about HIV/AIDS. 7. distribute to all employees a copy of the Texas Department of Health's educational pamphlet entitled "AIDS: THE WORKPLACE." At a minimum, the HIV curriculum will include: 1. . modes of transmission; 2. methods of prevention; 3. behaviors related to substance abuse; 4. current laws and regulations concerning the rights of an AIDS/HIV-infected individual; and, 5. behaviors associated with HIV transmissions which are in violation of Texas law. On an employee's request, the University shall pay the costs of testing and counseling an employee concerning HIV infection if the employee: 1. provide appropriate documentation that the employee may have been exposed to the HIV virus while performing duties of employment with that agency; and, 2. was exposed to the HIV virus in the manner that the U.S. Public Health Service has determined is capable of transmitting the HIV virus. However, an employee who may have been exposed to the HIV virus while performing job duties at the University may not be required to be tested for the HIV virus. For the purpose of qualifying for worker's compensation or any other similar benefits or compensation, an employee must provide the employer with a written statement of the date and the circumstances of the exposure and document that within 10 days after the exposure the employee had a test result that indicated an absence of HIV infection. The cost of an employee's testing and counseling shall be paid from funds appropriated for payment of worker's compensation benefits to state employees. Counseling or a test conducted in accordance with these provisions shall conform to the model protocol on HIV counseling and testing prescribed by the Texas Department of Health. In compliance with Section 9.01 of the Texas Communicable Disease Prevention and Control Act, the University Police Department shall adopt a policy for handling persons 49 Index D-1.1 Page 5 of 6 with AIDS or HIV infection who are in its custody or under its supervision. The department's policy shall ensure that education programs for employees include information and training relating to infection control procedures and that employees have infection control supplies and equipment readily available. The University shall adopt and implement workplace guidelines similar to the workplace guidelines for any state agency listed m Section 5.03 (b) of the Texas Human Immunodeficiency Virus Services Act for any program involving direct client contact that is funded by one of the listed state agencies. Policy for the Academic Environment The University shall allow, to the extent possible, HIV-infected students, whether they are symptomatic or not, to continue regular classroom attendance in an unrestricted manner as long as they are physically able to attend class. The University recognizes that there is no medical justification for restricting the access of HIV-infected students to the University Center or to University cafeterias, snack bars, gymnasiums, swimming pools, recreational facilities, or other common areas. The University recognizes that the best currently available medical information does not support the existence of a risk to those sharing residence halls with HIV-infected individuals; in some circumstances, however, there may be reasonable concern for the health of those with AIDS or the HIV virus who might be exposed to certain contagious diseases (e.g., measles or chicken pox) in a close living environment. Thus, decisions about residential housing of students with AIDS or the HIV virus shall be made on a case-by-case basis. The University may decide to assign students with AIDS or the HIV virus to private rooms in the interest of protecting the health of those students. The University shall provide education programs about AIDS and the HIV virus to its residence hall staff (both students and employees). Since there is no medical necessity, the University shall not advise others living in a residence hall of the presence of students in the residence hall who have AIDS or the HIV virus. The University believes that the responsibility to provide a safe living environment is best dealt with by educational programming. Similarly, the University shall not make any attempt in any other setting to identify those students or employees who have AIDS or HIV status. The University shall not routinely ask students about their status regarding AIDS or the HIV virus. However, the University shall encourage new students to inform the medical staff at University Health Services if they have AIDS or the HIV virus in order that Health Services can provide proper medical care and education. The Health Services staff will handle this information, like all other medical information, in a strictly confidential manner in accordance with University policy and with federal and state law. The University shall not provide any person, group, agency, insurer, employer, or institution with confidential medical information about students with AIDS or the HIV virus without the specific written consent of the student. Given the possibility of unintended or accidental compromise of the confidentiality of information, University 50 Index D-l.l Page 6 of 6 Health Services staff will carefully weigh the importance of including any specific information regarding the existence of AIDS or the HIV virus in the medical record of a student except in circumstances of medical necessity created by the evaluation of an illness. At a minimum, the inclusion of any such information in the medical record should be discussed with the patient prior to its entry. The University shall make available to students, on request, the educational pamphlet on HIV infection developed by the Texas Department of Health and shall include in the Student Handbook and Activities Calendar a statement that the pamphlet is available from University Health Services. University Health Services shall provide accurate, understandable information on how to prevent the transmission of HIV infection in compliance with Section 51.917 of the Texas Education Code. In further compliance with Section 51.917 of the Texas Education Code, the curricula of the nursing, counseling, and social work degree programs of the University shall: 1. include information about: a. methods of transmission and methods of prevention of HIV infection; and b. federal and state laws, rules, and regulations concerning HIV infection and AIDS; and, 2. give special attention to the physical, emotional, and psychological stress associated with the care of patients with terminal diseases. Source of Authority: Texas Communicable Disease Prevention and Control Act; Texas Human Immunodeficiency Virus Services Act; Texas Communicable Disease Prevention and Control Act, sec. 9.01; Texas Education Code, sec. 51.917; Board of Regents; President Cross Reference: None Contact for Revision: General Counsel Forms: None 51 Illicit Drugs and Alcohol Abuse Index D-19 Original Implementation: September 1, 1986 Page 1 of 7 Last Revision: September, 1990 It is the declared policy of the United States Government to create a Drug-Free America by 1995. As a part of that policy, the Drug-Free Workplace Act of 1988, P.L. 100-690, Subtitle D was adopted. On December 12, 1989, President Bush signed the Drug-Free Schools and Communities Act Amendment of 1989, P.L. 101-226, which amends provisions of the Drug-Free Schools and Communities Act of 1986 and the Higher Education Act of 1965. University policies relating to the use of illegal drugs and alcoholic beyerages have been established by the Board of Regents of Stephen F. Austin State University in compliance with state and federal law. Standards of Conduct University policy prohibits all employees (full-time and part-time faculty, staff, and students) from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or alcoholic beverage in the workplace, or reporting to work under the influence of alcoholic beverages or illegal drugs. None of the funds appropriated to the University by the State Legislature for travel expenses may be expended for alcoholic beverages. University policy further stipulates, with regard to students, that the unauthorized use of intoxicating beverages on University property or at University sponsored activities, including, but not limited to, intercollegiate and intramural athletic events is prohibited. Alcoholic beverages are not permitted in University residence halls. With regard to student apartments, state law prohibits individuals under 21 years of age from possessing or consuming alcoholic beverages. It is the policy of Stephen F. Austin State University that any unlawful manufacture, possession or delivery of any controlled substance or illegal drug is strictly prohibited. Moreover, it is the policy of the State of Texas and of this University that this institution will be as free of illegal drugs as it can possibly be. Health Risks Alcohol Abuse. Alcohol is a primary and continuous depressant of the central nervous system. Impairment of judgment and of recently learned, complex and finely tuned skills begins to occur at blood alcohol concentrations as low as 0.025 percent. These impairments are followed by the loss of more primitive skills and functions, such as gross motor control and orientation at concentrations in excess of 0.05 percent. Alcohol in moderate doses impairs nearly every aspect of information processing, including the ability to abstract and conceptualize, the ability to use large numbers of situational cues presented simultaneously, and the cognitive ability to determine meaning from incoming information. Alcohol consumption can therefore promote action on impulse without full appreciation of, or concern about, the potential negative consequences of such action. Chronic long-term effects of heavy drinking over a period of years can result in brain damage, cancer of the mouth, esophagus or stomach, heart disease, liver damage resulting in cirrhosis, alcoholic hepatitis, and cancer of the liver, peptic ulcer 52 Index D-19 Page 2 of 7 disease and possible damage of the adrenal and pituitary glands. Prolonged, excessive drinking can shorten life-span by 10-12 years. Illicit Drugs. Illicit drugs include narcotics, such as heroin or morphine; depressants, such as barbiturates, Quaaludes, or valium; stimulants, such as cocaine or "crack"; hallucinogens, such as PCP, LSD or mescaline; cannabis, such as marijuana or hashish; inhalants, such as nitrous oxide, amyl nitrite (poppers) or various hydrocarbon solvents; and designer drugs, such as China White, methamphetamine (Ecstacy) or meperidine (Demerol). Narcotics. Narcotics initially produce a feeling of euphoria that is often followed by drowsiness, nausea and vomiting. Tolerance may develop rapidly and dependence is likely. The use of contaminated syringes may result in diseases such as AIDS, endocarditis (inflammation of the lining of the heart) and hepatitis. Depressants. The effects of depressants are in many ways similar to the effects of alcohol. Small amounts can produce calmness and relaxed muscles, but a somewhat larger dose can cause slurred speech, ataxia or unstable gait and altered perception. Very large doses can cause respiratory depression, coma and death. The combination of depressants and alcohol can multiply the effects of the drugs, thereby multiplying the risks. The use of depressants can cause both physical and psychological dependence. Stimulants. Cocaine stimulates the central nervous system. Its immediate effects include dilated pupils; elevated blood pressure, heart and respiratory rate; and body temperature. Occasional use can cause a stuffy or runny nose, while chronic use can ulcerate the mucous membrane of the nose with long-term use eroding the nasal septum. The injection of cocaine with unsterile equipment can cause AIDS, hepatitis and other diseases. Preparation of freebase, which involves the use of volatile solvents, can result in death or injury from fire or explosion. Cocaine can produce psychological and physical dependency. In addition, tolerance develops rapidly. Crack or freebase rock is extremely addictive. The physical effects include dilated pupils, increased pulse rate, elevated blood pressure, insomnia, loss of appetite, tactile hallucinations, paranoia and seizures. Overdoses occur easily. Hallucinogens. Phencyclidine (PCP) users frequently report a sense of distance and estrangement. Time and body movement are slowed down. Muscular coordination worsens and senses are dulled. Speech is blocked and incoherent. Chronic PCP users report persistent memory problems and speech difficulties. Mood disorders, such as depression, anxiety and violent behavior, may also occur. In late stages of chronic use, users often exhibit paranoid and violent behavior a.nd experience hallucinations. Large doses may produce convulsions and coma, heart failure, lung problems and/or ruptured blood vessels in the brain. Lysergic acid (LSD), mescaline and psilocybin cause illusions and hallucinations. The physical effects may include dilated pupils, elevated body temperature, increased heart rate and blood pressure, loss of appetite, sleeplessness and tremors. Sensations and feelings may change rapidly. It is common to have a bad psychological reaction to LSD, mescaline and psilocybin. The user may 53 Index D-19 Page 3 of 7 experience panic, confusion, suspicion, anxiety and loss of control. Delayed effects or flashbacks can occur even after use has ceased. Inhalants. The chemicals in most inhalants are rapidly absorbed in the lungs and exert their central nervous system effects within seconds, producing an altered mental state for about five to fifteen minutes. Immediate effects of inhalants include nausea, sneezing, coughing, nose bleeds, fatigue, lack of coordination and loss of appetite. Solvents and aerosol sprays can decrease the heart and respiratory rates and impair judgment. Amyl and butyl nitrite can cause rapid pulse, headaches and involuntary passing of urine and feces. Inhalation of toluene as well as other hydrocarbons has been associated with kidney and liver damage, peripheral nerve problems, convulsions, encephalopathy (organic brain damage) and other central nervous system disorders. Sudden death associated with both glue sniffing and especially the inhalation of aerosols containing halogenated hydrocarbons (Freon) has been reported and is thought to be secondary to cardiac arrhythmias (abnormal electrical conduction patterns in the heart). Marijuana. The short term effects of marijuana include distortion of time perception, increased heart rate, dilation of blood vessels and loss of short term memory. Also decreased are visual perception and psychomotor skills, which have adverse effects on driving ability. The effects of long term use include loss of motivation, chronic bronchitis, decreased vital lung capacity and an increased risk of lung cancer. Tolerance and psychological dependence do develop with marijuana. Designer Drugs. Designer drugs are synthetic chemical modifications of older drugs of abuse that are designed and manufactured in covert laboratories and sold at great profit for recreational use. These drugs can be several hundred to several thousand times stronger than the drugs they are designed to imitate. Designer drugs similar to opiates include fentanyl, demerol, and "china white." The narcotic analogs of designer drugs can cause symptoms such as those seen in Parkinson's disease - - uncontrollable tremors, drooling, impaired speech, paralysis, and irreversible brain damage. Analogs of amphetamines and methamphetamines cause nausea, blurred vision, chills or sweating and faintness. Psychological effects include anxiety, depression, and paranoia. Withdrawal problems include sweating, diarrhea, fever, insomnia, irritability, nausea and vomiting and muscle and joint pain. University Penalties Students. Any student who is determined through the regular disciplinary procedures of the University, to have violated the policy on the use of illicit drugs will be suspended from the University for no more than two years and no less than the remainder of the current semester. University sanctions imposed for alcohol possession or consumption include the following. 54 Index D-19 Page 4 of 7 » First offense - The student is placed on Conduct Probation for a period of six months and is required to attend an alcohol awareness class provided through the University's Counseling and Career Services office. » Second offense - The student is placed on Disciplinary Probation for a period of twelve months. This sanction may include the condition that continued participation in campus activities will be curtailed or restricted for that same period. » Third offense - The student is suspended from the University. Employees. Observance of the policy regarding alcoholic beverages and illegal drugs is a condition of employment for all University employees. An employee violating this policy shall be subject to employment discipline up to and including termination, or shall be required to undergo satisfactory participation in a drug abuse assistance or rehabilitation program. Any employee directly engaged in the performance of work pursuant to the provision of a federal grant or contract who is convicted of violating a criminal drug statute shall notify his/her immediate supervisor of the conviction no later than five days after the conviction. The immediate supervisor shall promptly report the conviction to the appropriate vice president and the Director of Research Services. On behalf of the University, the Director of Research Services shall notify the federal agency grantor or contractor of the conviction within ten days of the University's receipt of notice from the employee or of receipt of other actual notice. State and Federal Penalties Offense Texas Law Minimum Punishment Confinement in the Texas Department of Corrections (TDC) for a term of not more than 10 years or less than 2 years, or confinement in a community correctional facility for not more than 1 year, and a fine not to exceed $10,000 Confinement in jail for a term of not more than 180 days, and a fine not to exceed $1,000 Maximum Punishment Manufacture or delivery of controlled substances (drugs) Possession of controlled substances (drugs) Confinement in TDC for life or for a term of not more than 99 years or less than 20 years, and a fine not to exceed $500,000 Confinement in TDC for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000 Index D-19 Page 5 of 7 55 Offense Texas Law, continued Minimum Punishment Maximum Punishment Delivery of marijuana Possession of marijuana Driving while intoxicated (includes intoxication from alcohol, drugs, or both) Public intoxication Purchase or consumption or possession of alcohol by a minor Sale of alcohol to a minor Confinement in jail for a term of not more than 180 days, and a fine not to exceed $1,000 Confinement in jail for a term not to exceed 180 days, and a fine not to exceed $1,000 Confinement in jail for a term of not more than two years or less than 72 hours, and a fine of not more than $1,000 or less than $100 Fine of not less than $25 nor more than $200 Fine of not less than $100 nor more than $500 or confinement in jail for not more than 1 year, or both Confinement in TDC for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000. Confinement in TDC for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000 Confinement in jail for a term of not more than two years or less than 30 days, or confinement in TDC for a term of not more than 5 years or less than 60 days, and a fine of not more than $2,000 or less than $500 A fine not to exceed $200 For a subsequent offense, a fine of not less than $100 nor more than $500 For a subsequent offense, a fine of not less than $500 nor more than $1,000 or confinement in jail for not more than 1 year or both Offense Federal Law Minimum Punishment Maximum Punishment Manufacture, distribution or dispensing drugs (includes marijuana) Possession of drugs (including marijuana) A term of imprisonment not more than one year, and a minimum fine of $1,000 Civil penalty in amount not to exceed $10,000 A term of life imprisonment without release (no eligibility for parole) and a fine not to exceed $8,000,000 (for an individual) or $20,000,000 (if other than an individual) Imprisonment for not more than 20 years or not less than 5 years, a fine of not less than $5,000 plus costs of investigation and prosecution 56 Index D-19 Page 6 of 7 Federal Law, continued Offense Minimum Punishment Maximum Punishment Operation of a common Imprisonnment for up to 15 carrier under the influence of years and a fine not to exceed alcohol or drugs $250,000 Counseling. Treatment and Rehabilitation Students. Stephen F. Austin State University, through the Counseling and Career Services office, provides an alcohol/drug abuse prevention program which is available to all students. Program components include assistance in abstaining from the use of chemical substances, early intervention when chemical abuse is detected, and referral to a campus support system and/or a community referral for inpatient/outpatient services not available on campus. Medical counseling and printed information on chemical dependency are available through University Health Services, the campus student health facility. Students may seek individual counseling or request printed information at either campus location. Prevention/Education. The objectives of this element of the assistance program are to: increase awareness of the students, faculty, and staff concerning the psychological and health risks associated with chemical use; provide information to students regarding a variety of wellness issues which promote successful college adjustment; and, orient students, faculty and staff to the services available through the assistance program. Presentations are available to student groups on a variety of topics including alcohol and substance abuse, adult children of alcoholics, assertiveness skills, stress and time management, self-esteem and related issues. A group representative should contact the Counseling and Career Services office to schedule a presentation. The assistance program also offers an Alcohol Awareness Workshop. The four-hour workshop, divided into two sessions, provides basic information, tools for self-assessment, information on University and state regulations, and an orientation to the assistance program. Students may request to attend the workshop or be referred by the Dean of Student Development. Referral/Assessment. Any SFA student requiring information about, or assistance with, a chemical abuse problem may be referred to the assistance program. A student may initiate a self-referral by contacting the Counseling and Career Services office; University faculty and staff may initiate a student referral. Participation by a student is voluntary, except when mandated by the Dean of Student Development. A staff counselor conducts an assessment interview on the student's initial visit to Counseling and Career Services and provides the student with details regarding confidentiality and record keeping requirements. The counselor informs the student of alternatives and makes recommendations based on the student's needs. Campus Support System. The assistance program serves as a link between the individual student and support groups which are available for chemical dependency, 57 Index D-19 Page 7 of 7 adult children of alcoholics and victims of sexual abuse. Support groups function under guidelines established by Counseling and Career Services. Community Referral. Services for chemical dependency are available in the Nacogdoches community and include: private practitioners offering individual counseling or intellectual/psychological assessment; self-help groups such as Alcoholics Anonymous and Narcotics Ajionymous; and, inpatient/outpatient treatment. Employees. University employees with supervisory responsibilities should be cognizant of employee behavior related to unacceptable job performance which may result from drug or alcohol abuse. Any decision to initiate employee counseling or a referral to Personnel Services should be based on the employee's unacceptable job performance. Employee counseling, referral and related record keeping should be conducted with the degree of care and confidentiality appropriate to such personnel matters. Assistance beyond preliminary counseling through Personnel Services is available to University employees through the Employee Wellness Program with Memorial Hospital of Nacogdoches. Alcohol and drug abuse seminars are among the services provided cost-free to University employees. Other services for employees with a chemical dependency are available in the community, including private practitioners offering individual counseling, self-help groups such as Alcoholics Anonymous and Narcotics Anonymous, and inpatient/outpatient treatment at various health care facilities. It is the intent of Stephen F. Austin State University to continue to strive for a drug-free campus and to comply with state and federal regulations regarding prevention programs established to eliminate the illegal use of drugs and alcohol abuse. To this end, Stephen F. Austin State University will provide annually to each student and employee a copy of this drug and alcohol abuse prevention program. In addition, the University will conduct a biennial review of this program implemented to provide a learning and working environment free of drug and alcohol use. The purposes of the biennial review will be to: 1) determine the effectiveness of the program and implement needed changes; and 2) ensure that the sanctions included in the program are consistently enforced. The University's General Counsel will be responsible for initiating the biennial review. Source of Authority: P.L. 100-690, sec. 5151 et seq.; P.L. 101-226, which amends provisions of the Drug-Free Schools and Communities Act of 1986 and the Higher Education Act of 1965; General Appropriations Act; Board of Regents; President Cross Reference: None Contact for Revision: General Counsel Forms: None AGREEMENT BETWEEN OWNER AND CONTRACTOR THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NACOGDOCHES 58 AGREEMENT made of the Sixteenth day of October in the year of Nineteen Hundred and Ninety BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY NACOGDOCHES, TEXAS 75962, acting here through its Chairman AND THE CONTRACTOR: J. E. KINGHAM CONSTRUCTION COMPANY, INC. P. 0. BOX 630632 NACOGDOCHES, TEXAS 75961 THE PROJECT: STONE FORT RENOVATIONS STEPHEN F. AUSTIN STATE UNIVERSITY NACOGDOCHES, TEXAS THE ARCHITECT: MARSELLOS AND SCOTT ARCHITECTS-ENGINEERS HQH PERRY BUILDING LUFKIN, TEXAS 75901 The Owner and the Contractor agree as set forth below: 59 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (Uniform General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after execution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appear in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for STONE FORT RENOVATIONS STEPHEN F. AUSTIN STATE UNIVERSITY NACOGDOCHES, TEXAS ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced at the date to be established in the tfNotice to Proceed", and subject to authorized adjustments, Substantial Completion shall be achieved not later than 180 calendar days thereafter. 60 The Contractor further agrees that liquidated damages in the amount of $100.00 per day shall be deducted from the amount due the Contractor for consecutive calendar day thereafter the work remains unfinished as specified in "Supplementary Conditions" and in "Proposal". ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract sum of TWO HUNDRED FORTY SEVEN THOUSAND EIGHT HUNDRED NINETY AND NO/100 DOLLARS ($247,890.00) out of current funds available to the Owner for expenditure for the use and benefit of Stephen F. Austin State University. The Contract Sum is determined as follows: BASE BID $ 247,890.00 CONTRACT AMOUNT $ 247,890.00 61 ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Contract Documents for the period ending the last day of the month as follows: Not later than Thirty days following the end of the period covered by the Application for Payment Ninety percent (90?) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and Ninety percent (90?) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire work, a sum sufficient to increase the total payments to Ninety (90?) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete work and unsettled claims as provided in the Contract Documents. ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor thirty days after the Work has been completed, the contract fully performed, and a final Certificate for Payment has been issued by the Architect. 62 ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: 1. Drawings and Specifications entitled "STONE FORT RENOVATIONS EPHEN F, AUSTIN STATE UNIVERSITY NACOGDOCHES, TEXAS" Sheet and Section numbers as listed in Paragraph 1.1 of "Supplementary Conditions" and the following: ADDENDUM NO. 1 - DATED 9/25/90, PAGE 1 ADDENDUM NO. 2 - DATED 9/27/90, PAGE 1 (TELEPHONE) 7.3 This contract is to cover the General Contract work, including related Electrical and Mechanical Work, complete. 7.4 The said Drawings and each of all said Specifications and "General Conditions" are made part of this Agreement for all intents and purposes, provided that if anything in the said "General Conditions" of the Contract is in conflict with this Agreement, this Agreement shall control and govern. 7.5 The work called for and included in this Agreement is to be subject to the observation of the Architect above named and his determination of the true meaning and proper construction of the Drawings and Specifications shall be considered as final. 7.6 The Contractor shall pay premium for and furnish Performance Bond and Payment Bond in amount of 100? of Contract Price; on form to be furnished by Architect, with sureties acceptable to the Owner, conditioned: a.) That Contract shall faithfully perform his Contract and fully indemnify and save Owner harmless from all costs and damages which may be suffered by reason of failure to do so, and fully reimburse and repay Owner all outlay and expense which Owner may incu'r in making good any default. b.) That Contractor shall pay all persons who have con tracts directly with Contractor for labor and materials save which persons shall have a direct action against Contractor and the surety on his bond, subject to Owner's priority. Surety Companies shall be on approved list of U. S. Treasury Department of "Companies holding Certificates of Authority 64 from the Secretary of the Treasury under the Act of Congress Approved July 30, 1957, as Acceptable Sureties on Federal Bonds" and within the Underwriting limitations listed therein for any single risk. Bond shall comply with requirements of all state laws; in cluding those of Article 5160 Revised Civil Statues of Texas, 1925, as amended by House Bill 3^4, Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959 7.7 The Contractor shall effect, pay for and maintain during the life of this Contract insurance acceptable to the Owner, con forming to the following schedule: a) Compensation and Employer's Liability Insurance: As required by the laws of the State of Texas; Employer's Liability Insurance, $500,000,00. b) Comprehensive General Liability Insurance: In an amount not less than $500,000.00 for injuries, including personal injury or accidental death to any one person, and in an amount not less than $500,000.00 on account of one occurrence; Property Damage Insurance in an amount not less than $300,000.00. Comprehensive Auto Liability: Bodily Injury Liability: $500,000.00 - each person $500,000.00 - each occurrence Property Damage Liability: $300,000.00 - each occurrence 65 c) Include Broad Form Property Damage Insurance. Remove "XCU" Exclusions (Explosion, collapse, underground property damage). Include damage to underground wiring, conduits, piping. d) Contractual Liability Insurance: The Contractor shall obtain at his expense Owner's Protective Liability Insurance Policy naming the Owner and the Architect/Engineer as insured with the following limits: 1. Bodily Injury $500,000.00 (each person) $500,000.00 (each occurrence) 2. Property Damage $300,000.00 (each occurrence) e) Completed Operations: Continue coverage in force for one year after completion of work, f) Comprehensive Castastrophic Liability Insurance (Umbrella Liability) $1,000,000.00 g) Before commencement of operations hereunder, Contractor shall furnish to the Architect, photostatic copies of the above mentioned insurance policies, together with a certificate from the insurance carrier that the insurance will not be cancelled or permitted to lapse until fifteen (15) days written notice of said impending cancellation has been given to the Owner. 66 7.8 Builder's Risk Insurance: The Contractor shall provide Builder's Risk Insurance (Fire, extended coverage, vandalism and malicious mischief) as specified on Page 5 & 6 of "Supplementary Conditions" on a 100$ completed value basis in the names of the Contractor, Subcontractors, Owner and Architect, as their interests appear. Subrogation: This insurance shall not be invalidated should the named insured waive in writing prior to a loss any right of recovered against any party for loss occurring to the property described. 7.9 The Contractor shall complete the several portions and the whole of the work called for under this Agreement and shall deliver said improvements and premises, upon completion, to the Owner, free and clear of all liens and claims for labor furnished or materials used and other indebtedness whatsoever. 7.10 For purposes of complying with the State of Texas Sales Tax, the following is a division between labor and materials. Labor 81,804.00 Materials 166,086.00 Total $ 247,890.00 7.11 Contractor hereby assigns to Owner any and all claims for overcharges associated with this contract which arise under the anitrust laws of the United States, 15 U.S.C.A. Sec. 1 et seq. (1973). 67 7.12 The General Conditions of the Contract for Construction for this Project shall be "Uniform General Conditions for Stephen F. Austin State University Building Construction Contracts", 10 68 IN WITNESS WHEREOF, the parties of these presents have executed this Contract in four (4) counterparts, each of which shall be deemed an original in the year and day first above mentioned. SEAL BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY J. E. KINGHAM CONSTRUCTION CO., INC. P. 0. BOX 630632 NACOGDOCHES, TEXAS 75963 ADDRESS SEAL BY READ AND EXA: ..Secretary. Board of Regents, Stephen F. Austin State University (1) Corporation name of Owner (2) Title of authorized official (3) Strike out inapplicable terms. Secretary of the Owner should attest. If Contractor is corporation, Secretary should attest. Give proper title of each person executing Contract. 1 1 69 PERFORMANCE BOND.. BOND# BND11534O8 (To be used In Texas as required by Chapter 93 of the Regular Session of the 56th Legislature of Texas) THE STATE OF TEXAS COUNT OF NACOGDOCHES KNOW ALL MEN BY THESE PRESENTS: That we (1) J.E. Kingham Construction Company, Inc. of (?) Nacogdoches , Texas \ hereinafter called Principal and CO The Glens Falls Insurance Company Of New York ' state of New York hereinafter called the Surety, are held and firmly bound into BOARD QL REGENTS, STEPHEN L*. AUSTIN STATE hereinafter called Owner, in the penal sum of DOLLARS ($247,890.00 ), in lawful money of the United States, to be paid in d) HACOODOCHES COUNTY. TEXAS __— •for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain Contraot with (6) BOARD QE. REGENTS. STEPHEN Lu AUSTIN STATE .UNIVERSITY,, the Owner, dated fcha 16th day of October , A.D., 19 90 P a copy of which is attached hereto and made a part hereof for the construction of: 70 -2- Renovations to the Stone Fort Building (Herein called the "Work"). NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the Plan, Specifications and Contract Documents during the original term thereof, and any extensions thereof whictT may be granted by the Owner, with or without notice to the Surety, and, if he shall fully indemnify and save harmless of the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. NOW, THEREFORE, if the Principal shall repair any and all defects in said work occasioned by and resulting from defects in |
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