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MINUTES OF Board of Regent* of Stephen F. Austin State University VOLUME NO, 43 February 3, 1979 Nacogdoches, Texas INDEX Minutes of the Meeting Stephen F. Austin State University Board of Regents held in Nacogdoches, Texas February 3, 1979 VOLUME NO. 43 Page 79-26 Approval of October 21, 1978 Minutes 43-2 79-27 Election of President 43-2 79-28 Faculty and Staff Appointments 43-2 79-29 Resignations 43.4 79-30 Changes in Status 43-6 79-31 Requests for Leave 43-8 79-32 Retirements 43-g 79-33 Redesignation of Division of Applied Arts § Sciences 43-« 79-34 Underenrolled Classes, Spring 1979 43-9 79-35 Approval of Revised Tenure Policy 43-9 79-36 Approval of Faculty Workload, Spring Semester 1979 43-9 79-37 1978 Fall Semester Twelfth Class Day Enrollment Report 43-9 79-38 1978 Fall Semester Last Class Day Enrollment Report 434) 79-39 Approval of FY79 Budget Adjustments 4346 79-40 Approval of Prospectus for Sale of $5,500,000 Combined Fee Revenue Bonds, Series 1979 4346 79-41 Approval of Prospectus for Sale of $1,250,000 Student Housing System Revenue Bonds, Series 1979 43-16 79-42 Approval of Room and Board Rates for FY80 43-17 79-43 Approval of Preliminary Drawings and Specifications for the Construction of the Student Housing Project and Authority to Seek Bids ' 43-17 79-44 Approval of Preliminary Drawings and Specifications for the Construction of the University Center Additions and Renovations Project and Authority to Seek Bids 43-17 79-45 Approval of Resurfacing, Repainting, and Renovation Projects 43-2 7 79-46 Authorization to Restore Dormitory Rooms in Mays Hall 43-18 79-47 Approval of Contract for Installation of Refrigeration Machine in Science Building 43-18 79-48 Authority to Change Name of Circle Drive to Aikman Drive 43-18 MINUTES OF THE MEETING BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY HELD IN NACOGDOCHES, TEXAS February 3, 1979 The meeting was called to order by Homer Bryce, Chairman of the Board of Regents, at 9:00 a.m. February 3, 1979. PRESENT: Members: Homer Bryce of Henderson Ernest Powers of Carthage James I. Perkins of Rusk Walter C. Todd of Dallas Mrs. Peggy Wright of Nacogdoches Robert E. Samuel, Jr. of Madisonville Glenn Justice of Dallas Mrs. George Cullum, Jr. of Dallas Absent: Joe Bob Golden of Jasper PRESENT: C. G. Haas, Secretary to the Board Dr. William R. Johnson, President of the University Billy Joe Franklin, Vice President for Academic Affairs, SFASU Gordon Beasley, Vice President for Student Affairs, SFASU Robert Provan, Legal Counsel, SFASU Dr Dr PRESENT: Visitors : (Students) Visitor: Kathleen Hunter, Public Information Officer, SGA Steve Vina, Member of Student Gov. Assoc. Dana Sneed, V.P. Student Gov. Assoc. Greg Powell, Freshman Senator from School of Lib..Arts Blake Sills, Member of Student Supreme Court Fidel Fernandez, President R.H.A.' Steve Patterson, Pine Log Reporter Mark Burroughs, President of Student Gov. Assoc. Christi Harlan, Reporter for the Lufkin Daily News 79-26 Upon motion of Regent Cullum, seconded by Regent Wright, with all members voting aye, it was ordered that the minutes of the meeting of October 21, 1978, be approved. 79-27 Upon motion of Regent Todd, seconded by all remaining members, it was ordered that William R. Johnson be elected President of the University for the period September 1, 1979 to August 31, 1980. 79-28 Upon motion of Regent Powers, seconded by Regent Cullum, with all members voting aye, it was ordered that the following individuals be employed for the positions, dates, and salaries indicated: 1. Division of Applied Arts and Sciences Dr. Benjamin Atherton, 28, J.D. (University of Texas), Instructor (25% time) in Administrative Services at a salary rate of $1,500 for the Spring Semester, 1979 only. Ms. Mary Alice Crowell, 45, M.B.Ed. (Stephen F. Austin State University), Instructor in Administrative Services at a salary rate of $5,000 for 100% time for the Spring Semester, 1979 only. Ms. Lynn Ann Weber, 22, M.Ed. (Texas ASM University), Coordi nator of Driver Education Center at a salary rate of $9,450 for the period of January 8, 1979 through September 30, 1979. 2. Department of English and Philosophy Dr. Warren B. Austin, 68, Ph.D. (Columbia University), Professor (25% time) of English at a salary rate of $3,154 for the Spring Semester, 1979. 3. Department of Geology _Dr. Hans Peter Bar, 42, Ph.D. (University of Giessen-Germany), Visiting Associate Professor of Geology at a salary rate of $9,580 for 100% time for the Spring Semester, 1979 only. 4. Department of Management and Marketing Mr. Ronald Albert Bigoness, 47, M.B.A. (Stephen F. Austin State University), Instructor (50% time) of Management at a salary rate of S3,000 for the Spring Semester, 1979 only. 43-2 Dr. Nancy Speck, 39, Ph.D. (Texas Woman's University), Lecturer (100% time) in Management at a salary rate of $8,000 for the Spring Semester, 1979 only. .5. Department of Music Mr. Jerry W. McCathern, 30, M.M. (University of Houston), In structor (50% time) of Music at a salary rate of $4,150 for the Spring Semester, 1979 only. 6. Department of Physics Mr. Charles E. Statz, II, 29, B.S. (University of Arkansas), Physics Laboratory Coordinator at a salary rate of $12,000 for twelve months for the period of January 1, 1979 through August 31, 1979. 7. Department of Sociology Dr. Michael L. Graham, 32, J.D. (South Texas College of Law), Lecturer (25% time) in Criminal Justice at a salary rate of $1,750 for the Spring Semester, 1979 only. Ms. Bettie B. Griffin, 51, M.Ed. (Stephen F. Austin State Uni versity), Visiting Lecturer (25% time) in Sociology at a salary rate of $1,375 for the Spring Semester, 1979 only. Ms. Doris Ann Moore, 33, B.S. (Stephen F. Austin State University), Lecturer (25% time) in Sociology at a salary rate of $1,000 for the Spring Semester, 1979 only. 8. University Early Childhood Laboratory Mr. George W. Cook, 22, B.S. (University of Southern Mississippi), Infant Lead Teacher at a salary rate of $7,150 for eleven months for the period of October 2, 1978 through August 31, 1979. 9. University Library Ms. Laine Farley, 28, M.L.S. (University of Texas), Assistant Social Sciences Librarian I at a salary rate of $10,500 for nine months, effective January 9, 1979. 10. Sex Desegregation Assistance Center Ms. Linda Ann Chew, 26, B.S. (University of Houston), Program Management Specialist, at a salary rate of $14,860 for twelve months, effective October 18, 1978 through June 30, 1979. 43-3 Mr. Johnny F. Giles, 26, B.S. (Jarvis Christian College), Specialist at a salary rate of $14,860 for twelve months, effective October 16, 1978 through June 30, 1979. Mr. Juan Rodriguez, 32, B.A. (University of Southern Colorado), Program Management Specialist at a salary rate of $16,744 for twelve months, effective January 1, 1979 through June 30, 1979. Ms. Sylvia Williams, 33, M.Ed. (Stephen F. Austin State University), Program Management Specialist, at a salary rate of $17,272 for twelve months, effective October 16, 1978 through June 30, 1979. 11. Student Affairs Division Mr. Lynn Black, 35, Catering Supervisor for University Center Food Service at a salary rate of $12,060 for twelve months effective January 11, 1979. Ms. Jimmie Lou Presnall, 21, Secretary III for Student Services at a salary rate of $7,008 for twelve months, effective January 2 1979. Mr. E. K. Sowell, 27, Catering Supervisor for the University Center Food Service at a salary rate of $9,852 for twelve months, effective December 1, 1978. 12. Fiscal Affairs Division Ms. Norma L. Doan, 24, Buyer I for Purchasing Office at a salary rate of $8,592.00 for twelve months, effective November 1, 1978. 79-29 Upon motion of Regent Justice, seconded by Regent Todd, with all members voting aye, it was ordered that the following resignations be accepted: 1. Department of Accounting Ms. Terrie Sue Peters, Instructor of Accounting, effective December 31, 1978. Ms. Peters has completed her'temporary appoint ment. iy 2. Department of Elementary Education Ms. Leta P. Weaver, Assistant Professor of Elementary Education, effective December 31, 1978. Ms. Weaver resigned for personal reasons. 43-4 3. School. o£ Forestry- Mr. Bruce E. Cutter, Instructor of Forestry, effective December 31, 1978. Mr. Cutter has been on leave and has now resigned to accept employment elsewhere. 4. Department of Home Economics Ms. Dennie L. Lindsey, Instructor of Home Economics, effective January 10, 1979. Ms. Lindsey's husband is relocating to further his education. Ms. Virginia Ann Tanner, Instructor of Home Economics, effective May 4, 1979. Ms. Tanner is getting married and changing locations. 5. Department of Management and Marketing Dr. Ed D. Roach, Professor of Management and Chairman of the Department of Management and Marketing, effective December 31, 1978. Dr. Roach has accepted a Deanship at Southwest Texas State University. 6. Student Affairs Division Ms. Jeanie M. Belcher, Secretary III for Student Services ef fective December 31, 1978. Ms. Belcher is moving to Houston. Ms. Faye L. Grizzard, Accounting Clerk II for University Center Administration, effective January 15, 1979. Ms. Grizzard is resigning to attend college full time. Mr. Drew M. Hufstedler, Police Office I for University Police Department effective December 15, 1978. Mr. Hufstedler has accepted employment out of Nacogdoches. Ms. Diane A. Mathis, Office Manager for Housing, effective December 31, 1978. Ms. Mathis is resigning to attend graduate school Mr. Sherman Pickard, Assistant Food Production Supervisor I of University Center Food Service, effective October 6, 1978. Mr Pickard returned to previous place of employment. Mr. Richard D. Pierce, Police Officer I for University Police Department, effective December 31, 1978. Mr. Pierce is resigning to continue his education. Ms. Carolyn June Smith, Manager, Special Services for Universit- Center Administration, effective January 5, 1979. Ms. Smith was dissatisfied with supervision. 43-5 Mr. E. K. Sowell, Catering Supervisor for the University Center Food Service, effective December 15, 1978. Mr. Sowell resigned for personal reasons. 7. Fiscal Affairs Division Mr. Edmund Myles Cutting, Acting Manager—Engineering and Work Control of the Physical Plant, effective October 12, 1978. Mr. Cutting has accepted employment elsewhere. 79-30 Upon motion of Regent Perkins, seconded by Regent Todd, with all members voting aye, it was ordered that the following changes in status be approved: 1. Division of Applied Arts and Sciences Dr. Jerry Lee Irons, from a salary rate of $1,242 to a salary rate of $1,532 for the Fall Semester, 1978. Dr. Irons taught three off-campus courses rather than two. 2. Department of Management and Marketing Mr. Troy A. Hargis, from Instructor (75%) at a salary rate of $12,000 for nine months to Instructor and Acting Chairman of the Department of Management and Marketing (75%) at a salary rate of $14,000 for nine months. This change in status is effective from January 1, 1979 through May 31, 1979. 3. Sex Desegregation Assistance Center Dr. Bennat Mullen, from Professor of Secondary Education and Director of Texas Center for the Development of Human Resources at a salary rate of $33,500 for twelve months to Professor of Sec ondary Education and Director of the Sex Desegregation Assistance Center at a salary rate of $33,500 for twelve months, effective October 1, 1978. Ms. Susanna Costellos, from Library Administrator for Texas Center for the Development of Human Resources at a salary rate of $17,272 for twelve months to Associate Director of Sex Desegregation Assistance Center at a salary rate of $21,336 for twelve months effective October 1, 1978. Ms. Victoria Smith, from Coordinator for Texas Center for the Development of Human Resources at a salary rate of $13,660 for twelve months to Desegregation Program Management Specialist for the Sex Desegregation Assistance Center at a salary rate of $13,660 for twelve months, effective October 1, 1978. 43-6 Ms. Terry Florich, from Administrative Assistant for Texas Center for the Development of Human Resources at a salary rate of $9,204 for twelve months to Administrative Assistant for the Sex Desegregation Assistance Center at a salary rate of $9,204 for twelve months, effective October 1, 1978. 4. Office of the President Mr. Robert Provan, from Resident Legal Counsel and Instructor of Sociology at a salary rate of $24,300 for twelve months to General Counsel and Instructor of Sociology at a salary rate of $24,300 for twelve months, effective January 1, 1979. 5. Student Affairs Division Ms. Suzette Crelia, Reservations Assistant I of Housing at a salary rate of $6,324 for twelve months to Office Manager of Housing at a salary rate of $7,500 for twelve months, effective January 1, 1979. Mr. Ralph Ervin, Traffic Officer for the University Police De partment at a salary rate of $5,904 for twelve months to Police Officer I for the University Police Department at a salary rate of $8,592 for twelve months, effective December 16, 1978. Ms. Sylvia W. Howard, Assistant Buyer for the Purchasing Office at a salary rate of $7,008 for twelve months to Accounting Clerk II for University Center Administration at a salary rate of $7,248 for twelve months, effective January 8, 1979. 6. Fiscal Affairs Division Mr. Charles E. Burkhead, from Manager of Maintenance Operations of the Physical Plant at a salary rate of $15,250 for twelve months to Administrative Services Supervisor at a salary rate of $15,250 for twelve months, effective November 1, 1978. Ms. Larka Lee Lemons, from Accounting Clerk II of the Fiscal Office at a salary rate of $7,008 for twelve months to Accounting Clerk and Coordinator of Accounts Payable at a salary rate of $8,592 for twelve months, effective October 16, 1978. Mr. Harmond T. McCool, from Planner Estimator of the Physical Plant at a salary rate of $17,208 for twelve months to Mechanical Maintenance Supervisor at a salary rate of $17,208 for twelve months effective November 1, 1978. Ms. Billie M. Stubblefield, from Accounting Assistant of the Fiscal Office at a salary rate of $9,517 for twelve months to Accounting Assistant and Coordinator of Fee Collections and Refunds, at a salary rate of $10,896 for twelve months, effective October 16 1978. 43-7 79-31 Upon motion of Regent Cullum, seconded by Regent Justice, with all members voting aye, it was ordered that the following requests for leave be granted: 1. Department of Accounting Mr. James Leon Smith, Assistant Professor of Accounting, for a leave of absence for the Spring Semester, 1979, to continue study toward his doctorate. 2. Department of Elementary Education Ms. Macra Ann Brunson, Instructor of Elementary Education, for an extension of existing leave from September, 1979 through May, 1980. Ms. Brunson is currently enrolled in a doctoral program and wishes to continue work on this degree. 3. Department of Geology Dr. Nancy S. Alexander, Associate Professor of Geology, for a leave of absence for the Spring Semester, 1979, for personal reasons. 79-32 Upon motion of Regent Todd, seconded by Regent Wright, with all members voting aye, it was ordered that the following retirements be accepted: 1. Department of Modern Languages Dr. Carl Keul, Professor of Modern Languages and Chairman of the Department of Modern Languages, effective August 31, 1979. Mr. Edwin D. Shake, Assistant Professor of Modern Languages, effective December 31, 1979. 2. Student Affairs Division Dr. William Langston, Physician for University Health Services, effective January 31, 1979. 79-33 Upon motion of Regent Cullum, seconded by Regent Wright, with all members voting aye, it was ordered that the Division of Applied Arts and Sciences be redesignated as the School of Applied Arts and Sciences, 43-8 79-34 Upon motion of Regent Wright, seconded by Regent Todd, with all members voting aye, it was ordered that the Chairman of the Board be authorized to approve the underenrolled classes when the report is complete. 79-35 Upon motion of Regent Todd, seconded by Regent Wright, with all members voting aye, it was ordered that the revised tenure policy beginning on the following page be approved, effective September 1, 1979. 79-36 Upon motion of Regent Wright, seconded by Regent Todd, with all members voting aye, it was ordered that the Faculty Workload Report for Spring Semester, 1979 be approved as submitted under separate cover. 79-37 Upon motion of Regent Wright, seconded by Regent Todd, with all members voting aye, it was ordered that the minutes reflect receipt by the Regents of the 1978 Fall Semester twelfth class day enrollment report as re quired by House Bill 1012, May 1977. 79-38 Upon motion of Regent Wright, seconded by Regent Todd, with all members voting aye, it was ordered that the minutes reflect receipt by the Regents of the 1978 Fall Semester last class day enrollment report as required by House Bill 1012, May 1977. 43-9 10 TENURE I. DEFINITION Tenure means the entitlement of a faculty member* to continue in his or her academic position unless dismissed for good cause, and tenure is awarded by the institution according to established procedures after an appropriate probationary period. A faculty member with tenure shall not be dismissed until he or she has re ceived reasonable notice of the cause for dismissal and been afforded an opportunity for a hearing following established procedures of due process. II. APPOINTMENTS** A. With the exception of special appointments clearly limited to a brief association with the University and reappointments of retired faculty members on special conditions, all full-time appointments*** to the rank of instructor or a professorial rank are of two kinds: probationary or tenured. 1. Appointments with tenure require that prior to the appointment, the appointee complete the procedure for acquiring tenure at this institu tion. 2. Probationary appointments may be for one year, or for other legally stated periods, subject to renewal. Beginning with full-time appoint ment to the rank of instructor or a professorial rank, the probation ary period for a faculty member shall not exceed seven years at this institution, including within this period credit granted for appropriate full-time service in all institutions of higher education. This appoint ment is subject to the provision that when, after a term of probation ary service of more than three years in one or more institutions of higher education, it may be agreed in writing that his or her appoint ment at Stephen F. Austin State University is for a probationary period of not more than four years (even though thereby the person's total probationary period in the academic profession is extended be yond the normal maximum of seven years). Scholarly leave of absence for one year or less will count as part of the probationary period as * "Faculty member11 includes professional librarians. ** Faculty who were initially appointed to non-tenure track positions at the rank of instructor or a professorial rank under prior policy are included in this and all subsequent references to probationary appointment or probationary posi tion. *** "Full-time appointment" means a 100% appointment in an academic de partment or academic administrative unit for a full academic year (September through May). 43-10 11 if it were prior service at another institution unless the individual and the institution agree in writing to an exception to this provision at the time the leave is granted. B, Notice of non-reappointment, or of intention not to reappoint a faculty member, will be given in writing in accord with the following standards: 1. not later than March 1 of the first year of probationary service at Stephen F. Austin State University, 2. not later than December 15 of the second year of probationary service at Stephen F. Austin State University, 3. at least twelve months before the expiration of a probationary appoint ment after two or more years of probationary service at Stephen F. Austin State University. C. A probationary faculty member's tenure status and years of credit for probationary service will be specified in the initial appointment letter, along with any conditions other than those relating to performance eval uation and an assessment of the department's programmatic needs which will affect consideration for reappointment or tenure. Notice of reappoint-ment will be in writing and will specify the probationary faculty member's tenure status, years of credit for probationary service, any special condi tions, and a current assessment of the programmatic needs of the depart ment. III. PROCEDURAL GUARANTEES RELATING TO TERMINATION AND NON-RENEWAL OF CONTRACTS A. Tenured Faculty and Probationary Faculty with an Unexpired Appointment Extending Beyond the Date of Proposed Dismissal* 1. Good cause for the dismissal of a faculty member with tenure or a probationary faculty member whose specified term of employment has not expired includes, but is not limited to, the following: moral turpi tude; professional incompetence; gross neglect of professional respon sibilities; bona fide financial exigency or phasing out of programs re quiring faculty reduction; and physical or mental disability of a contin uing nature rendering the faculty member unable to perform his or her professional responsibilities. 2. The burden of proof that good cause exists for dismissal rests with the University. The burden of proof shall be by preponderance of the evidence. * The University has a uniform procedure by which charges of discrimina tion made by employees or students are considered. 43-11 12 3. Dismissal of a faculty member with tenure or a probationary faculty member whose specified term of employment has not expired will be preceded by: a. discussion between the faculty member and appropriate adminis trative officers of the University, and b. if the conferences fail to achieve a mutual settlement, a written statement of specific charges will be prepared by the President or the President's delegate. 4. If an official statement of charges against a faculty member is issued, the faculty member will have the right to a hearing by a Hearing Com mittee of the University Grievance Panel. Service of notice of hearing with specific charges in writing will be made at least twenty days prior to the hearing. a. The University Grievance Panel will be composed of fourteen ten ured faculty members , two from each academic school and the library (exclusive of the Graduate School) elected by the full-time faculty members of the school to two-year staggered terms. Elec tions will be structured so that all tenured faculty members are eligible to become candidates and so that those faculty members who are elected will receive the votes of at least a majority of the faculty members participating in their election. b. The Hearing Committee to hear a grievance will be composed of seven members selected as follows from the University Grievance Panel: three selected by the aggrieved faculty member, three by the President or the President's delegate, and one by lot. Each party will have a maximum of two challenges without stated cause. c. Once constituted, the Hearing Committee will organize itself to carry out its responsibilities and establish its procedures. 5. At the faculty member's option, the hearing may be open or closed. 6. The Hearing Committee will not be bound by strict rules of legal evi dence and may admit any evidence which is of probative value in deter mining the issues involved. 7. The Hearing Committee's finding of fact and decision will be based solely upon the hearing record. 8. The Hearing Committee's decision and the basis for it will be communi cated in writing to the faculty member and the President. It will be accompanied by a verbatim typewritten record of the hearing. 43-12 13 9. If the Hearing Committee concludes that good cause for dismissal has not been established by the evidence in the record and the Presi dent rejects the Committee's conclusion, he will state his reason(s) for doing so in writing to the Committee and the faculty member. The President will provide a reasonable time for response before transmit ting the case to the Board of Regents. 10. When it is the President's final judgment to recommend dismissal, he will transmit to the Board of Regents a verbatim typewritten copy of the record of the hearing, the report of the Hearing Committee, and his recommendation regarding dismissal. If the recommendation of the President for termination conflicts with the recommendation of the Hearing Committee, the Board of Regents will review the case based on the record of the hearing with opportunity for argument by the princi pals or their representatives. If the recommendations of the President and the Hearing Committee are in accord, the Board of Regents may choose to limit its review to a review of the record of the hearing. Fol lowing the Board's decision, the chairman will communicate the deci sion in writing through the President of the University to the chairman of the Hearing Committee and the faculty member. 11. Pending action by the Board of Regents, the faculty member will be suspended or assigned to other duties only if harm to himself/hers elf or others or the education of students is threatened by his/her continu ance of regular duties. The faculty member's salary will continue until final action by the Board of Regents, within limits established by state laws . B« Probationary Faculty Whose Contract is Not Renewed 1. A probationary faculty member who has been notified of non-reappoint-ment according to the schedule set forth in Section II. B. , Appointments, may appeal non-reappointment only on presentation of a prima facie case that constitutional guarantees or academic freedom were vToTIted. 2. The burden of proof of abridgment of constitutional guarantees or academic freedom is upon the probationary faculty member. The burden of proof shall be by the preponderance of the. evidence. 3 . A faculty member who alleges abridgment of constitutional guarantees or academic freedom will present evidence to a committee of the Uni versity Grievance Panel. a. An Advisory Committee to hear the evidence will be composed of five members selected as follows from the University Grievance Panel: two members selected by the faculty member, two by the President or the President's delegate, and one by lot. Each party will have one challenge without stated cause. b. Once constituted, the Advisory Committee will organize itself to carry out its responsibilities and establish its procedures. . 43-13 14 4. If the Advisory Committee finds probable cause that there was an abridgment of constitutional guarantees or academic freedom, con ferences between the faculty member and appropriate administrative officers of the University will be scheduled. If the conferences fail to achieve a mutual settlement, the grievance procedure enumerated in Section III, A, 4b through A. 11, will be initiated. 5. If the Advisory Committee finds no probable cause that there was an abridgment of constitutional guarantees or academic freedom, the faculty member's institutional due process is completed and a writ ten report of the Advisory Committee's finding will be sent to the President and to the faculty member. C . Financial Exigency 1. Termination of an appointment with tenure, or of a probationary or special appointment, before the end of the specified term may occur under extraordinary circumstances because of bona fide financial ex igency; _iJLe_. , an imminent financial crisis, which threatens the con tinuation of a strong academic program and which cannot be alleviated by less stringent means. The responsibility for demonstrating the existence and extent of the financial exigency will rest with the admin istration. 2. If the institution, because of financial exigency, terminates appoint ments with tenure, or probationary or special appointments before the end of the specified term, it will not at the same time make new appointments except in extraordinary circumstances where a serious distortion in the academic program would otherwise result. Employ ment of a faculty member with tenure will not be terminated in favor of retaining a faculty member without tenure, except in extraordinary circumstances through which a serious distortion of the academic pro gram would otherwise result. 3. Before terminating an appointment because of financial exigency, the appropriate University administrator, with faculty participation, will make a reasonable effort to place the faculty mejnber concerned in another position within the University for which he or she is profes sionally qualified. 4. In each case of termination of appointment because of financial exigency, probationary faculty members concerned will be given notice not less than as prescribed in Section II. B., Appointments. Tenured faculty members will be given notice at least twelve months prior to termina tion of appointment. 5. In each case of termination of an appointment with tenure because of financial exigency, the place of the faculty member concerned will not be filled by a replacement within a period of two calendar years, 43-14 15 D. unless the released faculty member has been offered reinstatement and at least sixty days in which to accept or decline it. 6. A faculty member who alleges abridgment of constitutional guarantees or academic freedom in such an emergency will be afforded due pro cess in accord with Section III, B. 3 through 3.5. Discontinuance of Program or Department Not Mandated by Financial Exigency Termination of an appointment with tenure, or of a probationary or special appointment, before the end of the specified term may occur as a result of b^naJide formal discontinuance of a program or department of instruction. The following standards and procedures will apply: 1 • The decision to discontinue formally a program or department of in struction will be based essentially upon educational consideration* as determined by the University administration after consultation with the affected faculty and appropriate standing or ad hoc committees . 2. Before the administration issues notice to a faculty member of its in tention to terminate an appointment because of formal discontinuance of a program or department of instruction, the institution will make a reasonable effort to place the faculty member concerned in an other position within the University for which he/she is professionally qualified. * 3. In each case of termination of appointment because of program discon tinuance, probationary faculty members concerned will be given notice not less than as prescribed in Section II. B. , Appointments. Tenured faculty members will be given notice at least twelve months prior to termination of appointment. 4. A faculty member who alleges abridgment of constitutional guarantees or academic freedom will be afforded due process in accord with Sec tion III, B. 3 through B. 5. roUmenfh n m " M ° not include temporary variations in en rolment, but reflect long-range judgment that the educational mission of the institution as a whole will be enhanced by the discontinuance. 43-15 16 79-39 Upon motion of Regent Todd, seconded by Regent Wright, with all members voting aye, it was ordered that the following budget adjustments for FY79 be approved. Improvements to Accommodate Handicapped Mini Computer for Library Replacement of Refrigeration Machine-- Science Building (1) Water Tower; Plant 2 (2) Boiler Retubings Replacement of Tennis Nets Purchase Office Equipment Shelving Needed for Displays Storage Cabinets for Education Department Provide Matching Funds for Grant to Driver Education Center Purchase of Special Library Material Student Assts. for University Legal Counsel Student Assistants Additional Funds Needed to Provide Salary for Student Legal Counsel and General Surplus Furniture fT Equipment Repair § Replace ment for President's Residence Source of Funds: Pledged Property Surplus 79-40 Upon motion of Regent Wright, seconded by Regent Todd, with all members voting aye, it was ordered that the Prospectus for the sale of Stephen F. Austin State University's $5,500,000 Combined Fee Revenue Bonds, Series 1979, as designed by Russ Securities Corporation, be approved and the Uni versity be authorized to advertise the sale of the bonds. 79-41 Upon motion of Regent Wright, seconded by Regent Todd, with all members voting aye, it was ordered that the Prospectus for the sale of Stephen F. Austin State University's $1,250,000 Student Housing System Revenue Bonds Series 1979, as designed by Russ Securities Corporation, be approved and the University be authorized to advertise the sale of the bonds. 43-16 17 79-42 Upon motion of Regent Cullum, seconded by Regent Justice, with all members voting aye, it was ordered that the room and board rates for FY80 be approved as follows: W/5 Day W/7 Day W/7 Day S.S. Dormitories 15 Meals 13 Meals 20 Meals 6 Weeks 1,2,3,5,8,11 $611.50 $623.00 $634.50 $246.00 7,9,10,12,13,14 15,16,17,18 $681.50 $693.00 $704.50 $263.00 Average Increase - 5.69% or $71.00 for nine months Apartments Rent for Month* Starr 1-70 $107.50 E. College 74-96 121.50 Reg. Raguet 127-166 121.50 New Raguet 200-299 138.50 Garner 1-133 170.00 Faculty 1-16 187.50 *Includes utilities, television cable, and telephone in Garner only 79-43 Upon motion of Regent Justice, seconded by Regent Todd, with all members voting aye, it was ordered that the preliminary drawings and specifications for the construction of the Student Housing Project be approved and the University be authorized to seek bids for the construction. 79-44 Upon motion of Regent Justice, seconded by Regent Wright, with all members voting aye, it was ordered that the preliminary drawings and specifications for the construction of the University Center Additions and Renovations Project be approved and the University be authorized to seek bids for the construction. 79-45 Upon motion of Regent Justice, seconded by Regent Todd, with all members voting aye, it was ordered that the University be authorized to develop plans and to advertise for bids for projects to be accomplished fol lowing the spring semester, as follows: 1. The asphalt resurfacing of certain streets and parking lots. Estimated cost: $150,000.00 (Pledged Property Surplus) 43-17 18 2. The complete repainting of one tower of Dormitory 17. Estimated cost: $75,000.00 (Pledged Property Surplus) 3. To renovate certain ceilings in the Fine Arts Building. Estimated cost: $35,000.00 (Education and General Surplus) 4. To renovate certain flooring in the Austin Building's first floor. Estimated cost: $30,000.00 (Education and General Surplus) 79-46 Upon motion of Regent Perkins, seconded by Regent Todd, with all members voting aye, it was ordered that the University be authorized to restore the dormitory rooms in Mays Hall, formerly occupied by the Student Health Services Clinic, by University staff labor and purchased materials; and that $15,000 be allocated from Pledged Property Surplus to provide funds for the project. 79-47 Upon motion of Regent Perkins, seconded by Regent Todd, with all members voting aye, it was ordered that the contract with Sumners Inc., Lufkin, Texas, for $66,256.00 to supply and install a refrigeration machine in the Science Building be approved and the Chairman of the Board be authorized to sign the contract. Source of Funds: Education and General Surplus (See following page for contract) 79-48 Upon motion of Regent -Wright, seconded by Regent Powers, with .all members voting aye, it was ordered that the name of Circle Drive be changed to Aikman Drive, and that the University erect an appropriate marker com memorating the location of Aikman Gymnasium and the generous support of Mr. Frank Aikman. 43-18 19 THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AlA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT ™ade. as of the 4th day of February in the year of Nineteen Hundred and Seventy-nine BETWEEN the Owner: Stephen F. Austin State University Nacogdoches, Texas and the Contractor: Sumners, Inc. P. 0. Box 218 Lufkin, Texas 75901 The Project: [\jew Refrigeration Machine for Science Building Stephen F. Austin State University Nacogdoches, Texas The Architect: Love> priberg & Associates, Inc. 1414 Oil & Gas Building Fort Worth, Texas 76102 The Owner and the Contractor agree as set forth below. Copyright 1915 918 925 1937, 1951, 1958, 1961, 1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecution. AlA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AlA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 1 20 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe cution 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 appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on oiher Contract Documents.) New Refrigeration Machine for Science Building, 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 February 5, 1979 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than (Here insert any special provisions for liquidated damages relating to failure to complete on time.) July 25 1979 VucEAL.«flrAM OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D. C 20006 A101-1977 2 4^20 21 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 ($66,256.00) Sixty-Six Thousand, Two Hundred Fifty-Six and no/100 Dollars. The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.) A lump sum amount - $66,256.00 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 pro vided in the Contract Documents for the period ending the -j ast 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 equ.pment 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-five , Percen* ( 95 %) 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. re in the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a certain Liquidated Damages Provisions Shall Be As Stated In The Specifications. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's Z nh?*ln?HZ?hP"nC'P!! fP fV, bUS'mQ,Sf' thG '°CatiOn, 0/ the Pr°ieCt and els^h^ ™Y ^ect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • A1A® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 2000G A101-1977 3 43-21 22 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. 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: (List below the Agreement the Conditions of the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, and any Addenda and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.) A. The Specifications for the Project including but not limited to the following; 1. The Proposal 2. The Agreement 3. The Performance and Payment Bonds 4. General Conditions of the Contract for Construction 5. Supplementary General Conditions 6. Divisions 1, 2, 3, 15 and 16 B. The Drawings for the Project - Sheets 1 through 3, dated December 15, 1978 This Agreement entered into as of the day and year first written above. OWNER STEPHEN F. AUSTIN STATE UNIVERSITY Nacogdoches, Texas CONTRACTOR SUMNERS, INC. P. 0. Box 218 Lufkin^exas 75901 AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 4 43-22 23 PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF NACOGDOCHES KNOW ALL MEN BY THESE PRESENTS: That we Sumners, Inc., a Corporation of Lufkin, Angelina County, Texas, hereinafter called Principal and United States Fidelity & Guaranty Company of Baltimore State of Maryland, hereinafter called the Surety, are held and firmly bound unto STEPHEN F. AUSTIN STATE UNIVERSITY, hereinafter called Owner, in the penal sum of Sixty-Six Thousand, Two Hundred Fifty-Six and no/100 Dollars ($66,256.00) in lawful money of the United States, to be paid in NACOGDOCHES 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 Contract with STEPHEN F. AUSTIN STATE UNIVERSITY, the Owner, dated the 4th day of February, A.D., 1979, a copy of which is attached hereto and made a part hereof for the construction of: "NEW REFRIGERATION MACHINE FOR SCIENCE BUILDING, STEPHEN F. AUSTIN STATE UNIVERSITY", herein called the "Work". PB-1 43-23 24 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the Plans, Specifications and Contract Documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and, if he shall satisfy all claims and demands incurred under such Con tract, and shall fully indemnify and save harmless 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 materials furnished by, or workmanship of the Principal in performing the work covered by said Contract, occurring within a period of twelve (12) months from the date of the Contract Completion Certificate, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond venue shall lie in NACOGDOCHES County, State of Texas and that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompany ing the same shall in any wise affect its obligation of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications, PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, 1959, and all liabilities on this bond shall be deter mined in accordance with the provisions of said Article to the same extent as if it were copied at length. IN WITNESS WHEREOF, this instrument is executed in each one of which shall be deemed an original, this the A.D. 1979. five counterparts, 4th day of February, ATTEST: SUMNERS, INC P. 0. Box 21 Lufkin, Te. BY (Principal) Secretary SEAL (/. Pete Siiifiriers, Jr., President (Address) PB-2 43-24 ATTEST: 25 (Surety) Secretary UNITED STATES FIDELITY & GUARANTY COMPANY Surety BY Attorney-in-Fact Ernest L. Bartlett, Jr. Witness as to Surety Address PB-3- 43-25 26 PAYMENT BOND THE STATE OF TEXAS COUNTY OF NACOGDOCHES KNOW ALL MEN BY THESE PRESENTS: That we Sumners, Inc., a Corporation of Lufkin, Angelina County, Texas, hereinafter called Principal and United States Fidelity & Guaranty Company of Baltimore, State of Maryland hereinafter called the Surety, are held and firmly bound unto STEPHEN F. AUSTIN STATE UNIVERSITY, hereinafter called Owner, unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of Sixty-Six Thousand, Two Hundred Fifty-Six Dollars ($66,256.00) in lawful money of the United States, to be paid in NACOGDOCHES 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 contract with STEPHEN F. AUSTIN STATE UNIVERSITY, the Owner, dated the 4th day of February, A.D. 1979, a copy of which is hereto attached and made a part hereof for the construction of: "NEW REFRIGERATION MACHINE FOR SCIENCE BUILDING, STEPHEN F. AUSTIN STATE UNIVERSITY". PAB-1 43-26 27 NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160 Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, supplying labor and materials in the prosecution of the work pro vided for in said Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. THIS BOND is made and entered into solely for the protection of all claimants supplying labor and materials in the prosecution of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in Article 5160, Revised Civil Statutes, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in NACOGDOCHES County, State of Texas, and that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications, PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IT WITNESS WHEREOF, this instrument is executed in five counterparts, each one of which shall be deemed an original, this the 4th day of February, A.D. 1979. ATTEST: SUMNERS, INC. P. 0. Box 218 Lufkin, Texarf A/75901 BY (Principal) Secretary C./Pete Summers, Jr., President SEAL PAB-2 43 27 ATTEST: 28 UNITED STATES FIDELITY & GUARANTY COMPANY Surety Witness as to Surety BY ^ V Attorney-in-Fact Ernest L. Bartlett, Jr, Address PAB-3 43-28 • (CERTIFIED COPY) 29 GENERAL POWER OF ATTORNEY No Know all Men by these Presents: That UNITED STATES FIDELITY AND j2 Ele B. Baggett and Ernest L. Bartlett, Jr, of the City of Lufkin c its true and lawful attorneys in and for the State of Texas" ° for the following purposes, to wit: may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 6^ dav o{ July , a. d. 19 66 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By £• G ♦ Hundley (SEAL) Vice-President. (Signed) A.. W. Griffith Assistant Secretary. STATE OF MARYLAND I { ■« BALTIMORE CITY, ) w. Griftith Pe«ona1Iy came the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY*'"th^ltj poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation- that the seal affixed to sa.d Power of Attorney was such corporate seal, that it was ,o affixed by order of the Board of Directors of said corpora-turn, and that they s.gned their names thereto by like order a. Vice-Presid.nt and Assistant Secretary, respectively, of the Comoanv My commission expires the first day in July, A. D. 19 67 ct.veiy, ot the Company. (SEAL) (Signed) An_ne...M. O'Brien STATE OF MARYLAND, / Notary Public. \ Set. BALTIMORE CITY, ) r !' t * A JaJal!8 F', ^afney • Clerk «f th« Superior Court of Baltimore City, which Court i, a Court of Record and has a seal, do hereby certify that Anne M. 0 'Brien , Esquire, before whom the annexed affidav.ts were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deed, to be recorded therein. I further certify that I am acquainted with the handwriting of the «,d Notary, and verily believe the signature to be his genuine signature. /» Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 6U> day of July , A. D. 1?66 (Seal) (Signed) James ...F. .Qarney Clerk of the Superior Court of Baltimore City. FS 3 (7-65) 43-29 COPY OF RESOLUTION of the Dominion of Canada and in '" °f ^ "*"* atlorneys wilh power "* 1b the as attorney or aUorney,i,fac, r ^t * £ s of said^1 'T' J" C°rP°rale ^ l° aPP°int "* ""^ " tracts guaranteeing the fidelity of persons hSe nosWon 7 IV '" "ame " M "* "Ctl '° eXeCUle a"d deHver ^ and «» cnn' than insurance policies and executSTo gUa antee « JTdi .SI nd't "k'^ ^ T™^ *" Perf°™an- of «-«"«.• other by law allowed, and guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or 'or ?em or rnts execute and or bl th 7 >" ^T °f °f ' which are or «»/»>>• law, S'ateS " °f the P™">™ oi lhe " diSCreli°n °f l ^ 'aken' gWen' > COrPoration- bodV- «««, interest, ' C°nditioned for th« d°-g »r no, doing municipal or otherwi e, or by ani S tut Dominion of Canada or of ,he S ^ of body, organization, office or officer, .ocal, m^^JS^^^S^ tendered, accepted, filed or recorded for the security or itecTon of ivorVr municipality or other association or organization whatsoever in any 1'nS II • • T of anything or any conditions which may h prlvidd ' n such JoST" WhatS°T « d°-g »r no, doing anything in the nature of either of the same. ' rec°Bmzance- obligation, s.ipulation, or undertaking, or /, Richard Calder GUARANTY COMPANY, do hereby cenifv that th, for • ■ i ^ AsslstanJt Secretary «f the UNITED STATES FIDELITY AND by said Company to ' C f°regOm6 'S 3 fulJ' trUe and correcl ^ * 'he original power of attorney given Ele B. Baggett and Ernest L. Barlett, Jr. Tf-ofney has never been revoked and is",] intfl resolution, and the whole thereof as recorded in the minutes of slid meeting » C°Py -I my hand and the sea. of the UNITED STATES FIDELITY AND GUARANTY Assistant Secretary. 43-30 .NO AODRLSS Of ACINCY rtlett,. Baggett & Shands 0, Box 9 fkin, Texas 75901 AND ADDRESS OF INSURED imners, Inc. & . P. Sumners, Jr. 17 West Denman Avenue lfkin, Texas 75901 COMPANSES AFFORDS COVERAGES ^ 'in «s Fidelity & Guaranty Underwriters I..CTTLR United States Fire Insurance Coo COMPANY COMPANY is to certify that policies of msui -ncc -isied !;<;:!ow have been issued 1.0 the injured nsv.moci .x>ove :.md ^rr m lorcv at 'his time. TYPE Of INSURANCJ!' POLICY I GENERAL LIABILITY [X] [XI PRF.MiSl.:- i .!'( J-'AT f-'fJ!"-. fXi FXPLO;-.!")fi AND CO! |AI",! [. HAZ/.WD i.XI un{)f;rcpo'..!nd ma?a:;:: fx) PfVOOUClS CQMPUIl 0 ' " OPERAMON5 HAZAi?H I.XJ CONTRACTUAL INSURANCE. f 1 BROAD FORM PROPh'RTY X DAMAGE I I INDF r^FNDFN i CON1 RAC i <<</Pf.RSONAi INJUF7Y POLICY EXPIRATION DA IE. _L ip)\ts oI Li.?billty~in Tho'jszh0s (CGO) Ac;cr?n.GAit M'.;ui y injup OTC 8071 6/1/79 J 500 J 250 1250 AUTOMOBILE LIABILITY ' I COf/iPnth'f Nsivr ror-'M !xl L I OWNED tX] HIRCD i^J NON-OWNFO J '•( >!.)il Y IN !l.M?Y ' i f iWJCi RrYfiA.V. i f-SO" Al. ifi JIJ J UMORI.'I I A FORM LI 0 I'M rj; THAN UMBRELLA WORKERS' C:O?*lP£NSATIOi> and OTC 8071 6/1/79 '.} /■■;;! I !■>' f- -,:.)(•■ •fTRTYl^-:'.^f-! 1!1 V INJURY /■'.■' T!. i-M V HAM'/'il 500 s 100 523 021007 7 I 1/1/80 p.•.;■!.;■ 11.v ii ! :,•;■:■! i-i 3950-025481 6/1/79 OTHTR 1,000 t1,000 500 ION Or OPCRAllOf^/LOCATIONS/VEIMCLfS operations and automobiles. ancellatJon: Should any of the above dosr.-^cd policies he cuiceiled bcio.e fhu l \\>w .A::.u\ ci;jlc IhcrroL the iss pany will onde,3vor to mail .^iiL. days written notice to 1h? below rumed certificate holder, but mail such notice shall impose no obligation or liability of any kind upon (ho company. inr Co?n-faskinJ:- io NAMF AND ADD^SS Of CHRTiriCAT F. HOl DfR Stephen F. Austin State University Nacogdoches, Texas 75961 DA1E .Sr.Uf».>:.. 1/2.7/7? .__ EBj/jb | AUTHQP'/IU; >:: i'KT.tM'Al ivf. BARTLETT, BAGGETT 6c SHANDS 43-31 32 In accordance with the request of the Board of Regents, the Vice President for Fiscal Affairs and the President of the University certified that: 1. All accounting reports submitted to the Board of Regents contain infor mation resulting from procedures that are in compliance with State law and regulations; and, 2. That all funds are on deposit with approved depositories as authorized by the Board's previous actions. Next scheduled meeting of the Board of Regents was set for April 19, 1979. Meeting adjourned at 11:30 a.m. 43-32
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Title | Minutes of Board of Regents of Stephen F. Austin State University. 1979, Volume No. 43 |
Subject |
Meetings Universities & colleges Stephen F. Austin State University |
Description | February 3, 1979, Volume No. 43 |
Date | 1979-02-03 |
Contributors | Homer Bryce of Henderson Ernest Powers of Carthage James I. Perkins of Rusk Walter C. Todd of Dallas Mrs. Peggy Wright of Nacogdoches Robert E. Samuel, Jr. of Madisonville Glenn Justice of Dallas Mrs. George Cullum, Jr. of Dallas C. G. Haas, Secretary to the Board Dr. William R. Johnson, President of the University Dr. Billy Joe Franklin, Vice President for Academic Affairs, SFASU Dr. Gordon Beasley, Vice President for Student Affairs, SFASU Robert Provan, Legal Counsel, SFASU Kathleen Hunter, Public Information Officer, SGA Steve Vina, Member of Student Gov. Assoc. Dana Sneed, V.P. Student Gov. Assoc. Greg Powell, Freshman Senator from School of Lib..Arts Blake Sills, Member of Student Supreme Court Fidel Fernandez, President R.H.A.' Steve Patterson, Pine Log Reporter Mark Burroughs, President of Student Gov. Assoc. Christi Harlan, Reporter for the Lufkin Daily News |
Repository | East Texas Research Center |
Associated Dates | 1970-1979 |
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 | MINUTES OF Board of Regent* of Stephen F. Austin State University VOLUME NO, 43 February 3, 1979 Nacogdoches, Texas INDEX Minutes of the Meeting Stephen F. Austin State University Board of Regents held in Nacogdoches, Texas February 3, 1979 VOLUME NO. 43 Page 79-26 Approval of October 21, 1978 Minutes 43-2 79-27 Election of President 43-2 79-28 Faculty and Staff Appointments 43-2 79-29 Resignations 43.4 79-30 Changes in Status 43-6 79-31 Requests for Leave 43-8 79-32 Retirements 43-g 79-33 Redesignation of Division of Applied Arts § Sciences 43-« 79-34 Underenrolled Classes, Spring 1979 43-9 79-35 Approval of Revised Tenure Policy 43-9 79-36 Approval of Faculty Workload, Spring Semester 1979 43-9 79-37 1978 Fall Semester Twelfth Class Day Enrollment Report 43-9 79-38 1978 Fall Semester Last Class Day Enrollment Report 434) 79-39 Approval of FY79 Budget Adjustments 4346 79-40 Approval of Prospectus for Sale of $5,500,000 Combined Fee Revenue Bonds, Series 1979 4346 79-41 Approval of Prospectus for Sale of $1,250,000 Student Housing System Revenue Bonds, Series 1979 43-16 79-42 Approval of Room and Board Rates for FY80 43-17 79-43 Approval of Preliminary Drawings and Specifications for the Construction of the Student Housing Project and Authority to Seek Bids ' 43-17 79-44 Approval of Preliminary Drawings and Specifications for the Construction of the University Center Additions and Renovations Project and Authority to Seek Bids 43-17 79-45 Approval of Resurfacing, Repainting, and Renovation Projects 43-2 7 79-46 Authorization to Restore Dormitory Rooms in Mays Hall 43-18 79-47 Approval of Contract for Installation of Refrigeration Machine in Science Building 43-18 79-48 Authority to Change Name of Circle Drive to Aikman Drive 43-18 MINUTES OF THE MEETING BOARD OF REGENTS STEPHEN F. AUSTIN STATE UNIVERSITY HELD IN NACOGDOCHES, TEXAS February 3, 1979 The meeting was called to order by Homer Bryce, Chairman of the Board of Regents, at 9:00 a.m. February 3, 1979. PRESENT: Members: Homer Bryce of Henderson Ernest Powers of Carthage James I. Perkins of Rusk Walter C. Todd of Dallas Mrs. Peggy Wright of Nacogdoches Robert E. Samuel, Jr. of Madisonville Glenn Justice of Dallas Mrs. George Cullum, Jr. of Dallas Absent: Joe Bob Golden of Jasper PRESENT: C. G. Haas, Secretary to the Board Dr. William R. Johnson, President of the University Billy Joe Franklin, Vice President for Academic Affairs, SFASU Gordon Beasley, Vice President for Student Affairs, SFASU Robert Provan, Legal Counsel, SFASU Dr Dr PRESENT: Visitors : (Students) Visitor: Kathleen Hunter, Public Information Officer, SGA Steve Vina, Member of Student Gov. Assoc. Dana Sneed, V.P. Student Gov. Assoc. Greg Powell, Freshman Senator from School of Lib..Arts Blake Sills, Member of Student Supreme Court Fidel Fernandez, President R.H.A.' Steve Patterson, Pine Log Reporter Mark Burroughs, President of Student Gov. Assoc. Christi Harlan, Reporter for the Lufkin Daily News 79-26 Upon motion of Regent Cullum, seconded by Regent Wright, with all members voting aye, it was ordered that the minutes of the meeting of October 21, 1978, be approved. 79-27 Upon motion of Regent Todd, seconded by all remaining members, it was ordered that William R. Johnson be elected President of the University for the period September 1, 1979 to August 31, 1980. 79-28 Upon motion of Regent Powers, seconded by Regent Cullum, with all members voting aye, it was ordered that the following individuals be employed for the positions, dates, and salaries indicated: 1. Division of Applied Arts and Sciences Dr. Benjamin Atherton, 28, J.D. (University of Texas), Instructor (25% time) in Administrative Services at a salary rate of $1,500 for the Spring Semester, 1979 only. Ms. Mary Alice Crowell, 45, M.B.Ed. (Stephen F. Austin State University), Instructor in Administrative Services at a salary rate of $5,000 for 100% time for the Spring Semester, 1979 only. Ms. Lynn Ann Weber, 22, M.Ed. (Texas ASM University), Coordi nator of Driver Education Center at a salary rate of $9,450 for the period of January 8, 1979 through September 30, 1979. 2. Department of English and Philosophy Dr. Warren B. Austin, 68, Ph.D. (Columbia University), Professor (25% time) of English at a salary rate of $3,154 for the Spring Semester, 1979. 3. Department of Geology _Dr. Hans Peter Bar, 42, Ph.D. (University of Giessen-Germany), Visiting Associate Professor of Geology at a salary rate of $9,580 for 100% time for the Spring Semester, 1979 only. 4. Department of Management and Marketing Mr. Ronald Albert Bigoness, 47, M.B.A. (Stephen F. Austin State University), Instructor (50% time) of Management at a salary rate of S3,000 for the Spring Semester, 1979 only. 43-2 Dr. Nancy Speck, 39, Ph.D. (Texas Woman's University), Lecturer (100% time) in Management at a salary rate of $8,000 for the Spring Semester, 1979 only. .5. Department of Music Mr. Jerry W. McCathern, 30, M.M. (University of Houston), In structor (50% time) of Music at a salary rate of $4,150 for the Spring Semester, 1979 only. 6. Department of Physics Mr. Charles E. Statz, II, 29, B.S. (University of Arkansas), Physics Laboratory Coordinator at a salary rate of $12,000 for twelve months for the period of January 1, 1979 through August 31, 1979. 7. Department of Sociology Dr. Michael L. Graham, 32, J.D. (South Texas College of Law), Lecturer (25% time) in Criminal Justice at a salary rate of $1,750 for the Spring Semester, 1979 only. Ms. Bettie B. Griffin, 51, M.Ed. (Stephen F. Austin State Uni versity), Visiting Lecturer (25% time) in Sociology at a salary rate of $1,375 for the Spring Semester, 1979 only. Ms. Doris Ann Moore, 33, B.S. (Stephen F. Austin State University), Lecturer (25% time) in Sociology at a salary rate of $1,000 for the Spring Semester, 1979 only. 8. University Early Childhood Laboratory Mr. George W. Cook, 22, B.S. (University of Southern Mississippi), Infant Lead Teacher at a salary rate of $7,150 for eleven months for the period of October 2, 1978 through August 31, 1979. 9. University Library Ms. Laine Farley, 28, M.L.S. (University of Texas), Assistant Social Sciences Librarian I at a salary rate of $10,500 for nine months, effective January 9, 1979. 10. Sex Desegregation Assistance Center Ms. Linda Ann Chew, 26, B.S. (University of Houston), Program Management Specialist, at a salary rate of $14,860 for twelve months, effective October 18, 1978 through June 30, 1979. 43-3 Mr. Johnny F. Giles, 26, B.S. (Jarvis Christian College), Specialist at a salary rate of $14,860 for twelve months, effective October 16, 1978 through June 30, 1979. Mr. Juan Rodriguez, 32, B.A. (University of Southern Colorado), Program Management Specialist at a salary rate of $16,744 for twelve months, effective January 1, 1979 through June 30, 1979. Ms. Sylvia Williams, 33, M.Ed. (Stephen F. Austin State University), Program Management Specialist, at a salary rate of $17,272 for twelve months, effective October 16, 1978 through June 30, 1979. 11. Student Affairs Division Mr. Lynn Black, 35, Catering Supervisor for University Center Food Service at a salary rate of $12,060 for twelve months effective January 11, 1979. Ms. Jimmie Lou Presnall, 21, Secretary III for Student Services at a salary rate of $7,008 for twelve months, effective January 2 1979. Mr. E. K. Sowell, 27, Catering Supervisor for the University Center Food Service at a salary rate of $9,852 for twelve months, effective December 1, 1978. 12. Fiscal Affairs Division Ms. Norma L. Doan, 24, Buyer I for Purchasing Office at a salary rate of $8,592.00 for twelve months, effective November 1, 1978. 79-29 Upon motion of Regent Justice, seconded by Regent Todd, with all members voting aye, it was ordered that the following resignations be accepted: 1. Department of Accounting Ms. Terrie Sue Peters, Instructor of Accounting, effective December 31, 1978. Ms. Peters has completed her'temporary appoint ment. iy 2. Department of Elementary Education Ms. Leta P. Weaver, Assistant Professor of Elementary Education, effective December 31, 1978. Ms. Weaver resigned for personal reasons. 43-4 3. School. o£ Forestry- Mr. Bruce E. Cutter, Instructor of Forestry, effective December 31, 1978. Mr. Cutter has been on leave and has now resigned to accept employment elsewhere. 4. Department of Home Economics Ms. Dennie L. Lindsey, Instructor of Home Economics, effective January 10, 1979. Ms. Lindsey's husband is relocating to further his education. Ms. Virginia Ann Tanner, Instructor of Home Economics, effective May 4, 1979. Ms. Tanner is getting married and changing locations. 5. Department of Management and Marketing Dr. Ed D. Roach, Professor of Management and Chairman of the Department of Management and Marketing, effective December 31, 1978. Dr. Roach has accepted a Deanship at Southwest Texas State University. 6. Student Affairs Division Ms. Jeanie M. Belcher, Secretary III for Student Services ef fective December 31, 1978. Ms. Belcher is moving to Houston. Ms. Faye L. Grizzard, Accounting Clerk II for University Center Administration, effective January 15, 1979. Ms. Grizzard is resigning to attend college full time. Mr. Drew M. Hufstedler, Police Office I for University Police Department effective December 15, 1978. Mr. Hufstedler has accepted employment out of Nacogdoches. Ms. Diane A. Mathis, Office Manager for Housing, effective December 31, 1978. Ms. Mathis is resigning to attend graduate school Mr. Sherman Pickard, Assistant Food Production Supervisor I of University Center Food Service, effective October 6, 1978. Mr Pickard returned to previous place of employment. Mr. Richard D. Pierce, Police Officer I for University Police Department, effective December 31, 1978. Mr. Pierce is resigning to continue his education. Ms. Carolyn June Smith, Manager, Special Services for Universit- Center Administration, effective January 5, 1979. Ms. Smith was dissatisfied with supervision. 43-5 Mr. E. K. Sowell, Catering Supervisor for the University Center Food Service, effective December 15, 1978. Mr. Sowell resigned for personal reasons. 7. Fiscal Affairs Division Mr. Edmund Myles Cutting, Acting Manager—Engineering and Work Control of the Physical Plant, effective October 12, 1978. Mr. Cutting has accepted employment elsewhere. 79-30 Upon motion of Regent Perkins, seconded by Regent Todd, with all members voting aye, it was ordered that the following changes in status be approved: 1. Division of Applied Arts and Sciences Dr. Jerry Lee Irons, from a salary rate of $1,242 to a salary rate of $1,532 for the Fall Semester, 1978. Dr. Irons taught three off-campus courses rather than two. 2. Department of Management and Marketing Mr. Troy A. Hargis, from Instructor (75%) at a salary rate of $12,000 for nine months to Instructor and Acting Chairman of the Department of Management and Marketing (75%) at a salary rate of $14,000 for nine months. This change in status is effective from January 1, 1979 through May 31, 1979. 3. Sex Desegregation Assistance Center Dr. Bennat Mullen, from Professor of Secondary Education and Director of Texas Center for the Development of Human Resources at a salary rate of $33,500 for twelve months to Professor of Sec ondary Education and Director of the Sex Desegregation Assistance Center at a salary rate of $33,500 for twelve months, effective October 1, 1978. Ms. Susanna Costellos, from Library Administrator for Texas Center for the Development of Human Resources at a salary rate of $17,272 for twelve months to Associate Director of Sex Desegregation Assistance Center at a salary rate of $21,336 for twelve months effective October 1, 1978. Ms. Victoria Smith, from Coordinator for Texas Center for the Development of Human Resources at a salary rate of $13,660 for twelve months to Desegregation Program Management Specialist for the Sex Desegregation Assistance Center at a salary rate of $13,660 for twelve months, effective October 1, 1978. 43-6 Ms. Terry Florich, from Administrative Assistant for Texas Center for the Development of Human Resources at a salary rate of $9,204 for twelve months to Administrative Assistant for the Sex Desegregation Assistance Center at a salary rate of $9,204 for twelve months, effective October 1, 1978. 4. Office of the President Mr. Robert Provan, from Resident Legal Counsel and Instructor of Sociology at a salary rate of $24,300 for twelve months to General Counsel and Instructor of Sociology at a salary rate of $24,300 for twelve months, effective January 1, 1979. 5. Student Affairs Division Ms. Suzette Crelia, Reservations Assistant I of Housing at a salary rate of $6,324 for twelve months to Office Manager of Housing at a salary rate of $7,500 for twelve months, effective January 1, 1979. Mr. Ralph Ervin, Traffic Officer for the University Police De partment at a salary rate of $5,904 for twelve months to Police Officer I for the University Police Department at a salary rate of $8,592 for twelve months, effective December 16, 1978. Ms. Sylvia W. Howard, Assistant Buyer for the Purchasing Office at a salary rate of $7,008 for twelve months to Accounting Clerk II for University Center Administration at a salary rate of $7,248 for twelve months, effective January 8, 1979. 6. Fiscal Affairs Division Mr. Charles E. Burkhead, from Manager of Maintenance Operations of the Physical Plant at a salary rate of $15,250 for twelve months to Administrative Services Supervisor at a salary rate of $15,250 for twelve months, effective November 1, 1978. Ms. Larka Lee Lemons, from Accounting Clerk II of the Fiscal Office at a salary rate of $7,008 for twelve months to Accounting Clerk and Coordinator of Accounts Payable at a salary rate of $8,592 for twelve months, effective October 16, 1978. Mr. Harmond T. McCool, from Planner Estimator of the Physical Plant at a salary rate of $17,208 for twelve months to Mechanical Maintenance Supervisor at a salary rate of $17,208 for twelve months effective November 1, 1978. Ms. Billie M. Stubblefield, from Accounting Assistant of the Fiscal Office at a salary rate of $9,517 for twelve months to Accounting Assistant and Coordinator of Fee Collections and Refunds, at a salary rate of $10,896 for twelve months, effective October 16 1978. 43-7 79-31 Upon motion of Regent Cullum, seconded by Regent Justice, with all members voting aye, it was ordered that the following requests for leave be granted: 1. Department of Accounting Mr. James Leon Smith, Assistant Professor of Accounting, for a leave of absence for the Spring Semester, 1979, to continue study toward his doctorate. 2. Department of Elementary Education Ms. Macra Ann Brunson, Instructor of Elementary Education, for an extension of existing leave from September, 1979 through May, 1980. Ms. Brunson is currently enrolled in a doctoral program and wishes to continue work on this degree. 3. Department of Geology Dr. Nancy S. Alexander, Associate Professor of Geology, for a leave of absence for the Spring Semester, 1979, for personal reasons. 79-32 Upon motion of Regent Todd, seconded by Regent Wright, with all members voting aye, it was ordered that the following retirements be accepted: 1. Department of Modern Languages Dr. Carl Keul, Professor of Modern Languages and Chairman of the Department of Modern Languages, effective August 31, 1979. Mr. Edwin D. Shake, Assistant Professor of Modern Languages, effective December 31, 1979. 2. Student Affairs Division Dr. William Langston, Physician for University Health Services, effective January 31, 1979. 79-33 Upon motion of Regent Cullum, seconded by Regent Wright, with all members voting aye, it was ordered that the Division of Applied Arts and Sciences be redesignated as the School of Applied Arts and Sciences, 43-8 79-34 Upon motion of Regent Wright, seconded by Regent Todd, with all members voting aye, it was ordered that the Chairman of the Board be authorized to approve the underenrolled classes when the report is complete. 79-35 Upon motion of Regent Todd, seconded by Regent Wright, with all members voting aye, it was ordered that the revised tenure policy beginning on the following page be approved, effective September 1, 1979. 79-36 Upon motion of Regent Wright, seconded by Regent Todd, with all members voting aye, it was ordered that the Faculty Workload Report for Spring Semester, 1979 be approved as submitted under separate cover. 79-37 Upon motion of Regent Wright, seconded by Regent Todd, with all members voting aye, it was ordered that the minutes reflect receipt by the Regents of the 1978 Fall Semester twelfth class day enrollment report as re quired by House Bill 1012, May 1977. 79-38 Upon motion of Regent Wright, seconded by Regent Todd, with all members voting aye, it was ordered that the minutes reflect receipt by the Regents of the 1978 Fall Semester last class day enrollment report as required by House Bill 1012, May 1977. 43-9 10 TENURE I. DEFINITION Tenure means the entitlement of a faculty member* to continue in his or her academic position unless dismissed for good cause, and tenure is awarded by the institution according to established procedures after an appropriate probationary period. A faculty member with tenure shall not be dismissed until he or she has re ceived reasonable notice of the cause for dismissal and been afforded an opportunity for a hearing following established procedures of due process. II. APPOINTMENTS** A. With the exception of special appointments clearly limited to a brief association with the University and reappointments of retired faculty members on special conditions, all full-time appointments*** to the rank of instructor or a professorial rank are of two kinds: probationary or tenured. 1. Appointments with tenure require that prior to the appointment, the appointee complete the procedure for acquiring tenure at this institu tion. 2. Probationary appointments may be for one year, or for other legally stated periods, subject to renewal. Beginning with full-time appoint ment to the rank of instructor or a professorial rank, the probation ary period for a faculty member shall not exceed seven years at this institution, including within this period credit granted for appropriate full-time service in all institutions of higher education. This appoint ment is subject to the provision that when, after a term of probation ary service of more than three years in one or more institutions of higher education, it may be agreed in writing that his or her appoint ment at Stephen F. Austin State University is for a probationary period of not more than four years (even though thereby the person's total probationary period in the academic profession is extended be yond the normal maximum of seven years). Scholarly leave of absence for one year or less will count as part of the probationary period as * "Faculty member11 includes professional librarians. ** Faculty who were initially appointed to non-tenure track positions at the rank of instructor or a professorial rank under prior policy are included in this and all subsequent references to probationary appointment or probationary posi tion. *** "Full-time appointment" means a 100% appointment in an academic de partment or academic administrative unit for a full academic year (September through May). 43-10 11 if it were prior service at another institution unless the individual and the institution agree in writing to an exception to this provision at the time the leave is granted. B, Notice of non-reappointment, or of intention not to reappoint a faculty member, will be given in writing in accord with the following standards: 1. not later than March 1 of the first year of probationary service at Stephen F. Austin State University, 2. not later than December 15 of the second year of probationary service at Stephen F. Austin State University, 3. at least twelve months before the expiration of a probationary appoint ment after two or more years of probationary service at Stephen F. Austin State University. C. A probationary faculty member's tenure status and years of credit for probationary service will be specified in the initial appointment letter, along with any conditions other than those relating to performance eval uation and an assessment of the department's programmatic needs which will affect consideration for reappointment or tenure. Notice of reappoint-ment will be in writing and will specify the probationary faculty member's tenure status, years of credit for probationary service, any special condi tions, and a current assessment of the programmatic needs of the depart ment. III. PROCEDURAL GUARANTEES RELATING TO TERMINATION AND NON-RENEWAL OF CONTRACTS A. Tenured Faculty and Probationary Faculty with an Unexpired Appointment Extending Beyond the Date of Proposed Dismissal* 1. Good cause for the dismissal of a faculty member with tenure or a probationary faculty member whose specified term of employment has not expired includes, but is not limited to, the following: moral turpi tude; professional incompetence; gross neglect of professional respon sibilities; bona fide financial exigency or phasing out of programs re quiring faculty reduction; and physical or mental disability of a contin uing nature rendering the faculty member unable to perform his or her professional responsibilities. 2. The burden of proof that good cause exists for dismissal rests with the University. The burden of proof shall be by preponderance of the evidence. * The University has a uniform procedure by which charges of discrimina tion made by employees or students are considered. 43-11 12 3. Dismissal of a faculty member with tenure or a probationary faculty member whose specified term of employment has not expired will be preceded by: a. discussion between the faculty member and appropriate adminis trative officers of the University, and b. if the conferences fail to achieve a mutual settlement, a written statement of specific charges will be prepared by the President or the President's delegate. 4. If an official statement of charges against a faculty member is issued, the faculty member will have the right to a hearing by a Hearing Com mittee of the University Grievance Panel. Service of notice of hearing with specific charges in writing will be made at least twenty days prior to the hearing. a. The University Grievance Panel will be composed of fourteen ten ured faculty members , two from each academic school and the library (exclusive of the Graduate School) elected by the full-time faculty members of the school to two-year staggered terms. Elec tions will be structured so that all tenured faculty members are eligible to become candidates and so that those faculty members who are elected will receive the votes of at least a majority of the faculty members participating in their election. b. The Hearing Committee to hear a grievance will be composed of seven members selected as follows from the University Grievance Panel: three selected by the aggrieved faculty member, three by the President or the President's delegate, and one by lot. Each party will have a maximum of two challenges without stated cause. c. Once constituted, the Hearing Committee will organize itself to carry out its responsibilities and establish its procedures. 5. At the faculty member's option, the hearing may be open or closed. 6. The Hearing Committee will not be bound by strict rules of legal evi dence and may admit any evidence which is of probative value in deter mining the issues involved. 7. The Hearing Committee's finding of fact and decision will be based solely upon the hearing record. 8. The Hearing Committee's decision and the basis for it will be communi cated in writing to the faculty member and the President. It will be accompanied by a verbatim typewritten record of the hearing. 43-12 13 9. If the Hearing Committee concludes that good cause for dismissal has not been established by the evidence in the record and the Presi dent rejects the Committee's conclusion, he will state his reason(s) for doing so in writing to the Committee and the faculty member. The President will provide a reasonable time for response before transmit ting the case to the Board of Regents. 10. When it is the President's final judgment to recommend dismissal, he will transmit to the Board of Regents a verbatim typewritten copy of the record of the hearing, the report of the Hearing Committee, and his recommendation regarding dismissal. If the recommendation of the President for termination conflicts with the recommendation of the Hearing Committee, the Board of Regents will review the case based on the record of the hearing with opportunity for argument by the princi pals or their representatives. If the recommendations of the President and the Hearing Committee are in accord, the Board of Regents may choose to limit its review to a review of the record of the hearing. Fol lowing the Board's decision, the chairman will communicate the deci sion in writing through the President of the University to the chairman of the Hearing Committee and the faculty member. 11. Pending action by the Board of Regents, the faculty member will be suspended or assigned to other duties only if harm to himself/hers elf or others or the education of students is threatened by his/her continu ance of regular duties. The faculty member's salary will continue until final action by the Board of Regents, within limits established by state laws . B« Probationary Faculty Whose Contract is Not Renewed 1. A probationary faculty member who has been notified of non-reappoint-ment according to the schedule set forth in Section II. B. , Appointments, may appeal non-reappointment only on presentation of a prima facie case that constitutional guarantees or academic freedom were vToTIted. 2. The burden of proof of abridgment of constitutional guarantees or academic freedom is upon the probationary faculty member. The burden of proof shall be by the preponderance of the. evidence. 3 . A faculty member who alleges abridgment of constitutional guarantees or academic freedom will present evidence to a committee of the Uni versity Grievance Panel. a. An Advisory Committee to hear the evidence will be composed of five members selected as follows from the University Grievance Panel: two members selected by the faculty member, two by the President or the President's delegate, and one by lot. Each party will have one challenge without stated cause. b. Once constituted, the Advisory Committee will organize itself to carry out its responsibilities and establish its procedures. . 43-13 14 4. If the Advisory Committee finds probable cause that there was an abridgment of constitutional guarantees or academic freedom, con ferences between the faculty member and appropriate administrative officers of the University will be scheduled. If the conferences fail to achieve a mutual settlement, the grievance procedure enumerated in Section III, A, 4b through A. 11, will be initiated. 5. If the Advisory Committee finds no probable cause that there was an abridgment of constitutional guarantees or academic freedom, the faculty member's institutional due process is completed and a writ ten report of the Advisory Committee's finding will be sent to the President and to the faculty member. C . Financial Exigency 1. Termination of an appointment with tenure, or of a probationary or special appointment, before the end of the specified term may occur under extraordinary circumstances because of bona fide financial ex igency; _iJLe_. , an imminent financial crisis, which threatens the con tinuation of a strong academic program and which cannot be alleviated by less stringent means. The responsibility for demonstrating the existence and extent of the financial exigency will rest with the admin istration. 2. If the institution, because of financial exigency, terminates appoint ments with tenure, or probationary or special appointments before the end of the specified term, it will not at the same time make new appointments except in extraordinary circumstances where a serious distortion in the academic program would otherwise result. Employ ment of a faculty member with tenure will not be terminated in favor of retaining a faculty member without tenure, except in extraordinary circumstances through which a serious distortion of the academic pro gram would otherwise result. 3. Before terminating an appointment because of financial exigency, the appropriate University administrator, with faculty participation, will make a reasonable effort to place the faculty mejnber concerned in another position within the University for which he or she is profes sionally qualified. 4. In each case of termination of appointment because of financial exigency, probationary faculty members concerned will be given notice not less than as prescribed in Section II. B., Appointments. Tenured faculty members will be given notice at least twelve months prior to termina tion of appointment. 5. In each case of termination of an appointment with tenure because of financial exigency, the place of the faculty member concerned will not be filled by a replacement within a period of two calendar years, 43-14 15 D. unless the released faculty member has been offered reinstatement and at least sixty days in which to accept or decline it. 6. A faculty member who alleges abridgment of constitutional guarantees or academic freedom in such an emergency will be afforded due pro cess in accord with Section III, B. 3 through 3.5. Discontinuance of Program or Department Not Mandated by Financial Exigency Termination of an appointment with tenure, or of a probationary or special appointment, before the end of the specified term may occur as a result of b^naJide formal discontinuance of a program or department of instruction. The following standards and procedures will apply: 1 • The decision to discontinue formally a program or department of in struction will be based essentially upon educational consideration* as determined by the University administration after consultation with the affected faculty and appropriate standing or ad hoc committees . 2. Before the administration issues notice to a faculty member of its in tention to terminate an appointment because of formal discontinuance of a program or department of instruction, the institution will make a reasonable effort to place the faculty member concerned in an other position within the University for which he/she is professionally qualified. * 3. In each case of termination of appointment because of program discon tinuance, probationary faculty members concerned will be given notice not less than as prescribed in Section II. B. , Appointments. Tenured faculty members will be given notice at least twelve months prior to termination of appointment. 4. A faculty member who alleges abridgment of constitutional guarantees or academic freedom will be afforded due process in accord with Sec tion III, B. 3 through B. 5. roUmenfh n m " M ° not include temporary variations in en rolment, but reflect long-range judgment that the educational mission of the institution as a whole will be enhanced by the discontinuance. 43-15 16 79-39 Upon motion of Regent Todd, seconded by Regent Wright, with all members voting aye, it was ordered that the following budget adjustments for FY79 be approved. Improvements to Accommodate Handicapped Mini Computer for Library Replacement of Refrigeration Machine-- Science Building (1) Water Tower; Plant 2 (2) Boiler Retubings Replacement of Tennis Nets Purchase Office Equipment Shelving Needed for Displays Storage Cabinets for Education Department Provide Matching Funds for Grant to Driver Education Center Purchase of Special Library Material Student Assts. for University Legal Counsel Student Assistants Additional Funds Needed to Provide Salary for Student Legal Counsel and General Surplus Furniture fT Equipment Repair § Replace ment for President's Residence Source of Funds: Pledged Property Surplus 79-40 Upon motion of Regent Wright, seconded by Regent Todd, with all members voting aye, it was ordered that the Prospectus for the sale of Stephen F. Austin State University's $5,500,000 Combined Fee Revenue Bonds, Series 1979, as designed by Russ Securities Corporation, be approved and the Uni versity be authorized to advertise the sale of the bonds. 79-41 Upon motion of Regent Wright, seconded by Regent Todd, with all members voting aye, it was ordered that the Prospectus for the sale of Stephen F. Austin State University's $1,250,000 Student Housing System Revenue Bonds Series 1979, as designed by Russ Securities Corporation, be approved and the University be authorized to advertise the sale of the bonds. 43-16 17 79-42 Upon motion of Regent Cullum, seconded by Regent Justice, with all members voting aye, it was ordered that the room and board rates for FY80 be approved as follows: W/5 Day W/7 Day W/7 Day S.S. Dormitories 15 Meals 13 Meals 20 Meals 6 Weeks 1,2,3,5,8,11 $611.50 $623.00 $634.50 $246.00 7,9,10,12,13,14 15,16,17,18 $681.50 $693.00 $704.50 $263.00 Average Increase - 5.69% or $71.00 for nine months Apartments Rent for Month* Starr 1-70 $107.50 E. College 74-96 121.50 Reg. Raguet 127-166 121.50 New Raguet 200-299 138.50 Garner 1-133 170.00 Faculty 1-16 187.50 *Includes utilities, television cable, and telephone in Garner only 79-43 Upon motion of Regent Justice, seconded by Regent Todd, with all members voting aye, it was ordered that the preliminary drawings and specifications for the construction of the Student Housing Project be approved and the University be authorized to seek bids for the construction. 79-44 Upon motion of Regent Justice, seconded by Regent Wright, with all members voting aye, it was ordered that the preliminary drawings and specifications for the construction of the University Center Additions and Renovations Project be approved and the University be authorized to seek bids for the construction. 79-45 Upon motion of Regent Justice, seconded by Regent Todd, with all members voting aye, it was ordered that the University be authorized to develop plans and to advertise for bids for projects to be accomplished fol lowing the spring semester, as follows: 1. The asphalt resurfacing of certain streets and parking lots. Estimated cost: $150,000.00 (Pledged Property Surplus) 43-17 18 2. The complete repainting of one tower of Dormitory 17. Estimated cost: $75,000.00 (Pledged Property Surplus) 3. To renovate certain ceilings in the Fine Arts Building. Estimated cost: $35,000.00 (Education and General Surplus) 4. To renovate certain flooring in the Austin Building's first floor. Estimated cost: $30,000.00 (Education and General Surplus) 79-46 Upon motion of Regent Perkins, seconded by Regent Todd, with all members voting aye, it was ordered that the University be authorized to restore the dormitory rooms in Mays Hall, formerly occupied by the Student Health Services Clinic, by University staff labor and purchased materials; and that $15,000 be allocated from Pledged Property Surplus to provide funds for the project. 79-47 Upon motion of Regent Perkins, seconded by Regent Todd, with all members voting aye, it was ordered that the contract with Sumners Inc., Lufkin, Texas, for $66,256.00 to supply and install a refrigeration machine in the Science Building be approved and the Chairman of the Board be authorized to sign the contract. Source of Funds: Education and General Surplus (See following page for contract) 79-48 Upon motion of Regent -Wright, seconded by Regent Powers, with .all members voting aye, it was ordered that the name of Circle Drive be changed to Aikman Drive, and that the University erect an appropriate marker com memorating the location of Aikman Gymnasium and the generous support of Mr. Frank Aikman. 43-18 19 THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AlA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT ™ade. as of the 4th day of February in the year of Nineteen Hundred and Seventy-nine BETWEEN the Owner: Stephen F. Austin State University Nacogdoches, Texas and the Contractor: Sumners, Inc. P. 0. Box 218 Lufkin, Texas 75901 The Project: [\jew Refrigeration Machine for Science Building Stephen F. Austin State University Nacogdoches, Texas The Architect: Love> priberg & Associates, Inc. 1414 Oil & Gas Building Fort Worth, Texas 76102 The Owner and the Contractor agree as set forth below. Copyright 1915 918 925 1937, 1951, 1958, 1961, 1963, 1967, 1974, © 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AlA violates the copyright laws of the United States and will be subject to legal prosecution. AlA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AlA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 1 20 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe cution 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 appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on oiher Contract Documents.) New Refrigeration Machine for Science Building, 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 February 5, 1979 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than (Here insert any special provisions for liquidated damages relating to failure to complete on time.) July 25 1979 VucEAL.«flrAM OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON D. C 20006 A101-1977 2 4^20 21 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 ($66,256.00) Sixty-Six Thousand, Two Hundred Fifty-Six and no/100 Dollars. The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.) A lump sum amount - $66,256.00 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 pro vided in the Contract Documents for the period ending the -j ast 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 equ.pment 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-five , Percen* ( 95 %) 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. re in the Contract Documents, here insert any provision for limiting or reducing the amount retained after the Work reaches a certain Liquidated Damages Provisions Shall Be As Stated In The Specifications. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's Z nh?*ln?HZ?hP"nC'P!! fP fV, bUS'mQ,Sf' thG '°CatiOn, 0/ the Pr°ieCt and els^h^ ™Y ^ect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • A1A® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 2000G A101-1977 3 43-21 22 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. 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: (List below the Agreement the Conditions of the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, and any Addenda and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.) A. The Specifications for the Project including but not limited to the following; 1. The Proposal 2. The Agreement 3. The Performance and Payment Bonds 4. General Conditions of the Contract for Construction 5. Supplementary General Conditions 6. Divisions 1, 2, 3, 15 and 16 B. The Drawings for the Project - Sheets 1 through 3, dated December 15, 1978 This Agreement entered into as of the day and year first written above. OWNER STEPHEN F. AUSTIN STATE UNIVERSITY Nacogdoches, Texas CONTRACTOR SUMNERS, INC. P. 0. Box 218 Lufkin^exas 75901 AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101-1977 4 43-22 23 PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF NACOGDOCHES KNOW ALL MEN BY THESE PRESENTS: That we Sumners, Inc., a Corporation of Lufkin, Angelina County, Texas, hereinafter called Principal and United States Fidelity & Guaranty Company of Baltimore State of Maryland, hereinafter called the Surety, are held and firmly bound unto STEPHEN F. AUSTIN STATE UNIVERSITY, hereinafter called Owner, in the penal sum of Sixty-Six Thousand, Two Hundred Fifty-Six and no/100 Dollars ($66,256.00) in lawful money of the United States, to be paid in NACOGDOCHES 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 Contract with STEPHEN F. AUSTIN STATE UNIVERSITY, the Owner, dated the 4th day of February, A.D., 1979, a copy of which is attached hereto and made a part hereof for the construction of: "NEW REFRIGERATION MACHINE FOR SCIENCE BUILDING, STEPHEN F. AUSTIN STATE UNIVERSITY", herein called the "Work". PB-1 43-23 24 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the Plans, Specifications and Contract Documents during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and, if he shall satisfy all claims and demands incurred under such Con tract, and shall fully indemnify and save harmless 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 materials furnished by, or workmanship of the Principal in performing the work covered by said Contract, occurring within a period of twelve (12) months from the date of the Contract Completion Certificate, then this obligation shall be null and void, otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed upon this bond venue shall lie in NACOGDOCHES County, State of Texas and that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompany ing the same shall in any wise affect its obligation of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications, PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended by Acts of the 56th Legislature, 1959, and all liabilities on this bond shall be deter mined in accordance with the provisions of said Article to the same extent as if it were copied at length. IN WITNESS WHEREOF, this instrument is executed in each one of which shall be deemed an original, this the A.D. 1979. five counterparts, 4th day of February, ATTEST: SUMNERS, INC P. 0. Box 21 Lufkin, Te. BY (Principal) Secretary SEAL (/. Pete Siiifiriers, Jr., President (Address) PB-2 43-24 ATTEST: 25 (Surety) Secretary UNITED STATES FIDELITY & GUARANTY COMPANY Surety BY Attorney-in-Fact Ernest L. Bartlett, Jr. Witness as to Surety Address PB-3- 43-25 26 PAYMENT BOND THE STATE OF TEXAS COUNTY OF NACOGDOCHES KNOW ALL MEN BY THESE PRESENTS: That we Sumners, Inc., a Corporation of Lufkin, Angelina County, Texas, hereinafter called Principal and United States Fidelity & Guaranty Company of Baltimore, State of Maryland hereinafter called the Surety, are held and firmly bound unto STEPHEN F. AUSTIN STATE UNIVERSITY, hereinafter called Owner, unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of Sixty-Six Thousand, Two Hundred Fifty-Six Dollars ($66,256.00) in lawful money of the United States, to be paid in NACOGDOCHES 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 contract with STEPHEN F. AUSTIN STATE UNIVERSITY, the Owner, dated the 4th day of February, A.D. 1979, a copy of which is hereto attached and made a part hereof for the construction of: "NEW REFRIGERATION MACHINE FOR SCIENCE BUILDING, STEPHEN F. AUSTIN STATE UNIVERSITY". PAB-1 43-26 27 NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make payment to all claimants as defined in Article 5160 Revised Civil Statutes of Texas, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959, effective April 27, 1959, supplying labor and materials in the prosecution of the work pro vided for in said Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. THIS BOND is made and entered into solely for the protection of all claimants supplying labor and materials in the prosecution of the work provided for in said Contract, and all such claimants shall have a direct right of action under the bond as provided in Article 5160, Revised Civil Statutes, 1925, as amended by House Bill 344, Acts 56th Legislature, Regular Session, 1959. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in NACOGDOCHES County, State of Texas, and that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications, PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IT WITNESS WHEREOF, this instrument is executed in five counterparts, each one of which shall be deemed an original, this the 4th day of February, A.D. 1979. ATTEST: SUMNERS, INC. P. 0. Box 218 Lufkin, Texarf A/75901 BY (Principal) Secretary C./Pete Summers, Jr., President SEAL PAB-2 43 27 ATTEST: 28 UNITED STATES FIDELITY & GUARANTY COMPANY Surety Witness as to Surety BY ^ V Attorney-in-Fact Ernest L. Bartlett, Jr, Address PAB-3 43-28 • (CERTIFIED COPY) 29 GENERAL POWER OF ATTORNEY No Know all Men by these Presents: That UNITED STATES FIDELITY AND j2 Ele B. Baggett and Ernest L. Bartlett, Jr, of the City of Lufkin c its true and lawful attorneys in and for the State of Texas" ° for the following purposes, to wit: may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 6^ dav o{ July , a. d. 19 66 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By £• G ♦ Hundley (SEAL) Vice-President. (Signed) A.. W. Griffith Assistant Secretary. STATE OF MARYLAND I { ■« BALTIMORE CITY, ) w. Griftith Pe«ona1Iy came the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY*'"th^ltj poration described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation- that the seal affixed to sa.d Power of Attorney was such corporate seal, that it was ,o affixed by order of the Board of Directors of said corpora-turn, and that they s.gned their names thereto by like order a. Vice-Presid.nt and Assistant Secretary, respectively, of the Comoanv My commission expires the first day in July, A. D. 19 67 ct.veiy, ot the Company. (SEAL) (Signed) An_ne...M. O'Brien STATE OF MARYLAND, / Notary Public. \ Set. BALTIMORE CITY, ) r !' t * A JaJal!8 F', ^afney • Clerk «f th« Superior Court of Baltimore City, which Court i, a Court of Record and has a seal, do hereby certify that Anne M. 0 'Brien , Esquire, before whom the annexed affidav.ts were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowledgments, or proof of deed, to be recorded therein. I further certify that I am acquainted with the handwriting of the «,d Notary, and verily believe the signature to be his genuine signature. /» Testimony Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court of Record, this 6U> day of July , A. D. 1?66 (Seal) (Signed) James ...F. .Qarney Clerk of the Superior Court of Baltimore City. FS 3 (7-65) 43-29 COPY OF RESOLUTION of the Dominion of Canada and in '" °f ^ "*"* atlorneys wilh power "* 1b the as attorney or aUorney,i,fac, r ^t * £ s of said^1 'T' J" C°rP°rale ^ l° aPP°int "* ""^ " tracts guaranteeing the fidelity of persons hSe nosWon 7 IV '" "ame " M "* "Ctl '° eXeCUle a"d deHver ^ and «» cnn' than insurance policies and executSTo gUa antee « JTdi .SI nd't "k'^ ^ T™^ *" Perf°™an- of «-«"«.• other by law allowed, and guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or 'or ?em or rnts execute and or bl th 7 >" ^T °f °f ' which are or «»/»>>• law, S'ateS " °f the P™">™ oi lhe " diSCreli°n °f l ^ 'aken' gWen' > COrPoration- bodV- «««, interest, ' C°nditioned for th« d°-g »r no, doing municipal or otherwi e, or by ani S tut Dominion of Canada or of ,he S ^ of body, organization, office or officer, .ocal, m^^JS^^^S^ tendered, accepted, filed or recorded for the security or itecTon of ivorVr municipality or other association or organization whatsoever in any 1'nS II • • T of anything or any conditions which may h prlvidd ' n such JoST" WhatS°T « d°-g »r no, doing anything in the nature of either of the same. ' rec°Bmzance- obligation, s.ipulation, or undertaking, or /, Richard Calder GUARANTY COMPANY, do hereby cenifv that th, for • ■ i ^ AsslstanJt Secretary «f the UNITED STATES FIDELITY AND by said Company to ' C f°regOm6 'S 3 fulJ' trUe and correcl ^ * 'he original power of attorney given Ele B. Baggett and Ernest L. Barlett, Jr. Tf-ofney has never been revoked and is",] intfl resolution, and the whole thereof as recorded in the minutes of slid meeting » C°Py -I my hand and the sea. of the UNITED STATES FIDELITY AND GUARANTY Assistant Secretary. 43-30 .NO AODRLSS Of ACINCY rtlett,. Baggett & Shands 0, Box 9 fkin, Texas 75901 AND ADDRESS OF INSURED imners, Inc. & . P. Sumners, Jr. 17 West Denman Avenue lfkin, Texas 75901 COMPANSES AFFORDS COVERAGES ^ 'in «s Fidelity & Guaranty Underwriters I..CTTLR United States Fire Insurance Coo COMPANY COMPANY is to certify that policies of msui -ncc -isied !;<;:!ow have been issued 1.0 the injured nsv.moci .x>ove :.md ^rr m lorcv at 'his time. TYPE Of INSURANCJ!' POLICY I GENERAL LIABILITY [X] [XI PRF.MiSl.:- i .!'( J-'AT f-'fJ!"-. fXi FXPLO;-.!")fi AND CO! |AI",! [. HAZ/.WD i.XI un{)f;rcpo'..!nd ma?a:;:: fx) PfVOOUClS CQMPUIl 0 ' " OPERAMON5 HAZAi?H I.XJ CONTRACTUAL INSURANCE. f 1 BROAD FORM PROPh'RTY X DAMAGE I I INDF r^FNDFN i CON1 RAC i <<!.)il Y IN !l.M?Y ' i f iWJCi RrYfiA.V. i f-SO" Al. ifi JIJ J UMORI.'I I A FORM LI 0 I'M rj; THAN UMBRELLA WORKERS' C:O?*lP£NSATIOi> and OTC 8071 6/1/79 '.} /■■;;! I !■>' f- -,:.)(•■ •fTRTYl^-:'.^f-! 1!1 V INJURY /■'.■' T!. i-M V HAM'/'il 500 s 100 523 021007 7 I 1/1/80 p.•.;■!.;■ 11.v ii ! :,•;■:■! i-i 3950-025481 6/1/79 OTHTR 1,000 t1,000 500 ION Or OPCRAllOf^/LOCATIONS/VEIMCLfS operations and automobiles. ancellatJon: Should any of the above dosr.-^cd policies he cuiceiled bcio.e fhu l \\>w .A::.u\ ci;jlc IhcrroL the iss pany will onde,3vor to mail .^iiL. days written notice to 1h? below rumed certificate holder, but mail such notice shall impose no obligation or liability of any kind upon (ho company. inr Co?n-faskinJ:- io NAMF AND ADD^SS Of CHRTiriCAT F. HOl DfR Stephen F. Austin State University Nacogdoches, Texas 75961 DA1E .Sr.Uf».>:.. 1/2.7/7? .__ EBj/jb | AUTHQP'/IU; >:: i'KT.tM'Al ivf. BARTLETT, BAGGETT 6c SHANDS 43-31 32 In accordance with the request of the Board of Regents, the Vice President for Fiscal Affairs and the President of the University certified that: 1. All accounting reports submitted to the Board of Regents contain infor mation resulting from procedures that are in compliance with State law and regulations; and, 2. That all funds are on deposit with approved depositories as authorized by the Board's previous actions. Next scheduled meeting of the Board of Regents was set for April 19, 1979. Meeting adjourned at 11:30 a.m. 43-32 |
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