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Stephen F. Austin State University Minutes of the Board of Regents Nacogdoches, Texas October 18 and 19,2006 Volume 230 BOARD MINUTES FOR OCTOBER 18 AND 19, 2006 VOLUME 230 Page Approval of Minutes Board Order 07-01 Approval of July 12, 2006 and July 13, 2006 Minutes 3 Personnel Board Order 07-02 Approval of Personnel Items Faculty Appointments for 2006-2007 3 Staff Appointments for 2006-2007 5 Changes of Status for 2006-2007 5 Retirements 9 Reclassifications ....9 Academic and Student Affairs Board Order 07-03 Approval of Academic Affairs Items Small-Size Class Lists for Summer II 2006 and Fall 2006 10 Financial Affairs Board Order 07-04 Approval of Financial Affairs Items Annual Audit Plan and Report 10 Internal Audit Charter 11 SFASU Foundation, Inc. Agreement 11 Resolution for General American Mutual Holding Company 11 Temporary Services Contract 11 Purchase over $50,000 - Jack Camp 11 Purchase over $50,000 - Yearbooks 11 Building and Grounds Board Order 07-05 Approval of Building and Grounds Items Remodeling of Administrative Offices 12 Fundraising Plan and Mitigation Agreement for Baseball/Softball Complex 12 Purchase of Property at 117 E. Starr Avenue 13 University Policies and Procedures Board Order 07-06 Adoption of Policy Revisions 13 Reports President Faculty Senate Student Government Association Audit Services Report Appendix Appendix 1 - Small-Size Class Lists for Summer II 2006 and Fall 2006 Appendix 2 - Internal Audit Charter Appendix 3 - Agreement between Stephen F. Austin State University Foundation, Inc. and Stephen F. Austin State University Appendix 4 - Resolution for General American Mutual Holding Company Appendix 5 - Agreement with Temple-Inland for Execution of Conservation Easement for Mitigation Appendix 6 - Policy Revisions B-4 Camp and Conference Reservations P-3 B-5 Campus Facilities for Political Purposes P-14 B-24 Property Transfer and Disposal P-15 B-34 Property Liability P-19 C-13.5 Food Services P-21 C-15 Gift Reporting P-22 C-16 Gifts, Loans, Endowments and Bequests P-24 C-20.A Local Purchase Authorization P-29 C-25 Private Solicitation P-32 C-3 9 Withdrawal without Financial Clearance P-33 C-41.A Investments: Endowment Funds P-35 C-42 Property Inventory Management P-47 D-6 Authority for Official Statements P-58 D-8 Authorization for University President to Suspend Faculty and Staff P-59 D-17 Health and Safety P-60 D-20.5 Items Requiring Board of Regents Approval P-63 D-25.5 Private Support Organizations or Donors P-67 D-30 Selection of the President P-69 D-3 0.1 Selection of Vice Presidents, Athletic Director and Head Coaches P-70 D-3 5 Displaying Serious Psychological Problems P-71 E-9 Salary Supplements, Stipends and Additional Compensation P-75 E-33.1 New Employee Orientation P-84 E-34 Organized Work Stoppage P-86 E-43.5 Risk Management P-87 E-47.1 Sick Leave Pool P-93 E-57 Performance Management Plan P-97 F-3 Bookstore Special Orders P-100 F-4 Bookstore Textbook Orders P-101 F-ll Express Mail P-102 F-12 Faculty and Staff Athletic Purchases P-103 F-15 Guest Speaker P-104 F-18 Mail Services P-106 F-21 Notary Public P-108 F-26 Student Employment Center P-110 F-30 Ticket Office Services P-115 F-31 Vending.... P-116 Stephen F. Austin State University Minutes of the Meeting of the Board of Regents Nacogdoches, Texas October 18 and 19,2006 Austin Building 307 Wednesday, October 18,2006 The meeting of the Board of Regents was called to order at 8:00 a.m., Wednesday, October 18, 2006, by Chair Valerie Ertz. PRESENT: Board Members: Ms. Valerie Ertz, Chair Mr. Richard Boyer Dr. Margarita de la Garza-Grahm Mr. Joe Max Green Mr. Kenneth James Mr. Paul Pond Mr. James Thompson Ms. Stephanie Tracy Mr. Melvin White Mr. Fred Wulf President: Dr. Baker Pattillo Vice-Presidents: Ms. Debbie Baisden Mr. Steve Westbrook Dr. Marlin Young General Counsel: Ms. Yvette Clark Other SFA administrators, staff, and visitors The chair welcomed the board members and guests to the meeting. She discussed the schedule for the two-day session of the board of regents and then recessed the meeting to allow the board committees to meet. The Building and Grounds Committee convened at 8:02 a.m. and adjourned at 9:10 a.m. The Finance Audit Committee convened at 9:17 a.m. and adjourned at 10:40 a.m. The Academic and Student Affairs Committee convened at 10:55 a.m. and adjourned at 12:40 p.m. Following a lunch recess and attendance of the board members at an open house for the Counseling and Career Services office, the Marketing Committee convened at 2:20 p. m. and adjourned at 2:32 p. m. The chair reconvened the board meeting at 2:35 p.m. and called for an executive session to consider the following items: LEGAL ADVICE AND REPORT ON PENDING LITIGATION Consultation with Attorney Regarding Legal Advice or Pending and/or Contemplated Litigation or Settlement Offers, including but not limited to, Flynn vs. SFASU, legal -1- advice regarding patent matters, university name use and possible involvement in community projects. (Texas Government Code, Section 551.071) REAL ESTATE Deliberations Regarding the Purchase, Exchange, Lease, Sale or Value of Real Property (Texas Government Code, Section 551.072) GIFTS AND DONATIONS Deliberations Regarding Negotiated Contracts for Prospective Gifts or Donations (Texas Government Code, Section 551.073) PERSONNEL MATTERS REGARDING SPECIFIC UNIVERSITY EMPLOYEES Consideration of Individual Personnel Matters Relating to Appointment, Employment, Evaluation, Assignment, Duties, Discipline, or Dismissal of an Officer or Employee, including but not limited to, the president, the vice presidents, and the chief information officer (Texas Government Code, Section 551.074) The board reconvened in open session at 6:00 p.m. and recessed with no action taken. Thursday, October 19, 2006 Chair Ertz reconvened the meeting on Thursday, October 19, 2006, at 9:02 a.m. in room 307 of the Austin Building. PRESENT: Board Members: Ms. Valerie Ertz, Chair Mr. Richard Boyer Dr. Margarita de la Garza-Grahm Mr. Joe Max Green Mr. Kenneth James Mr. Paul Pond Mr. James Thompson Ms. Stephanie Tracy Mr. Melvin White Mr. Fred Wulf President: Dr. Baker Pattillo Vice-Presidents: Ms. Debbie Baisden Mr. Steve Westbrook Dr. Marlin Young General Counsel: Ms. Yvette Clark Other SFA administrators, staff, and visitors Dr. Pattillo introduced Dr. John Goodall and Dr. C. W. Bahs, who introduced visiting theatre students from Rose Bruford College in Sidcup, Kent, England. -2- Mr. Steve Westbrook introduced Charles Hueber, who presented senior counseling staff from Jack Camp. APPROVAL OF MINUTES Board Order 07-01 A correction to the July 12, 2006, minutes was noted. Upon motion by Regent Wulf, seconded by Regent Green, with all members voting aye, it was ordered that the minutes of the July 12, 2006, and the July 13, 2006, meetings be approved, as amended. PERSONNEL Board Order 07-02 Upon motion by Regent Green, seconded by Regent Wulf, with all members voting aye, it was ordered that the following personnel items be approved: FACULTY APPOINTMENTS FOR 2006 - 2007 Business Dale Spradling, Visiting Professor of Accounting, Ph.D. (University of Houston) at a salary of $84,204 for 100 percent time for nine months, effective August 22, 2006. Education Linda Black, Instructor of Secondary Education and Educational Leadership, M.A. (Southwest Texas State University) at a salary of $46,000 for 100 percent time for nine months, effective August 22, 2006, contingent upon completion of doctorate by May 30, 2007. Tracev Covington Hasbun, Instructor of Elementary Education, M.A. (Stephen F. Austin State University) at a salary of $41,000 for 100 percent time for nine months, effective August 22, 2006, contingent upon completion of doctorate by August 31, 2012. Stephanie Jevas, Assistant Professor of Kinesiology and Health Science, Ph.D. (University of Houston) at a salary of $52,000 for 100 percent time for nine months, effective August 22, 2006. Alan Larson, Instructor of Human Services, M.A. (Western Washington University) at a salary of $46,000 for 100 percent time for nine months, effective August 22, 2006, contingent upon completion of doctorate by August 31, 2007. Ralph Lester Marshall Assistant Professor of Secondary Education and Educational Leadership, Ed.D. (Illinois State University) at a salary of $51,500 for 100 percent time for nine months, effective August 22, 2006. -3- Mark Seaman, Instructor of Secondary Education, M.A. (University of Houston) at a salary of $46,000 for 100 percent time for nine months, effective August 22, 2006, contingent upon completion of doctorate by December 31, 2006. Le'Ann Solmonson, Assistant Professor of Human Services, Ph.D. (Sam Houston State University) at a salary of $50,000 for 100 percent time for nine months, effective August 22, 2006. Janet Tareilo, Assistant Professor of Secondary Education and Educational Leadership, Ed.D. (Sam Houston State University) at a salary of $47,500 for 100 percent time for nine months, effective August 22, 2006. Fine Arts Marsha Blount Lecturer of Art Education, M.A. (Stephen F. Austin State University) at a salary of $40,000 for 100 percent time for nine months, effective August 22, 2006. Forestry and Agriculture Michael Maurer, Assistant Professor of Agriculture, Ph.D. (University of Florida) at a salary of $56,833 for 100 percent time for nine months, effective August 22, 2006. Liberal And Applied Arts Emmerentie Oliphant Associate Professor of Social Work, Ph.D. (Rand Afrikaans University, South Africa) at a salary of $51,000 for 100 percent time for nine months, effective August 28, 2006. Steven Short, Visiting Assistant Professor of History, Ph.D. (Texas Tech University) at a salary of $38,000 for 100 percent time for nine months, effective August 22, 2006. Sciences and Mathematics Roberta ConnelL Clinical Instructor of Nursing, M.S.N. (University of Rhode Island), at a salary of $54,000 for 100 percent time for nine months, effective August 22, 2006. Danielle R. Johnson, Lecturer of Mathematics and Statistics, M.A. (Stephen F. Austin State University), at a salary of $33,750 for 100 percent time for nine months, effective August 22, 2006. Antonio Mondragon, Visiting Instructor of Physics and Astronomy, M.S. (Texas A&M University), at a salary of $42,750 for 100 percent time for nine months, effective August 22, 2006, contingent upon completion of doctorate by December 31, 2006. -4- STAFF APPOINTMENTS FOR 2006 - 2007 Admissions Janet Lynn McLeroy, Admission Counselor, at a salary of $28,000 for 100 percent time for 12 months, effective September 1, 2006. Athletics Christopher Ryan Dane, Athletic Trainer, at a salary of $34,586 for 100 percent time for 12 months, effective September 1, 2006. Trey D. Schroeder. Head Coach-Golf, at a salary of $30,000 for 100 percent time for 10.5 months, effective July 17, 2006. Christopher T. Watford, Assistant Coach-Softball, at a salary of $27,200 for 100 percent time for 10.5 months, effective July 17, 2006. College of Education Christi L. Coleman, Certificate Officer/PBIC Coordinator, at a salary of $44,100 for 100 percent time for 12 months, effective June 1, 2006. Krista K. Guerrero, Assistant Coordinator of ATC Grant Program, at a salary of $36,500 for 100 percent time for 12 months, effective August 21, 2006. Physical Plant Harold E. Hall, Jr., Assistant Director of Physical Plant, at a salary of $72,000 for 100 percent time for 12 months, effective August 1, 2006. Campus Recreation Michael Maningas, Coordinator of Outdoor Pursuits, at a salary of $38,000 for 100 percent time for 12 months, effective September 5, 2006. University Advancement Earl Forney, Database Specialist, at a salary of $32,000 for 100 percent time for 12 months, effective July 31, 2006. CHANGES OF STATUS FOR 2006 - 2007 Academic Affairs Richard A. Berry, from Dean of Fine Arts, at a salary of $122,097 for 100 percent time for 12 months, to Associate Provost/Vice President for Academic Affairs, at -5- a salary of $128,097 for 100 percent time for 12 months, effective August 21, 2006. Marlin Young, from Associate Provost/Vice President for Academic Affairs, at a salary of $126,800 for 100 percent time for 12 months, to Provost/Vice President for Academic Affairs, at a salary of $145,000 for 100 percent time for 12 months, effective July 24, 2006. Athletics Brittany M. Burton, from Graduate Student in Wellness Center, at a salary of $7,500 for 50 percent time for 12 months, to Strength and Conditioning Assistant for Athletics, at a salary of $30,000 for 100 percent time for 12 months, effective September 1,2006. John Curta, from Intern/Coach for Athletics, at a salary of $5.15 per hour for 100 percent time for six weeks, to Assistant Coach for Men's Basketball, at a salary of $30,000 for 100 percent time for 10.5 months, effective September 1, 2006. Tennille R. O'Neal from Intern/Coach for Athletics, at a salary of $5.15 per hour for 100 percent time for nine months, to Assistant Coach for Women's Basketball, at a salary of $30,000 for 100 percent time for 10.5 months, effective September 1,2006. Lee Ann Rilev, from Head Coach for Women's Basketball, at a salary of $103,799 for 100 percent time for 12 months, to Head Coach for Women's Basketball, at a salary of $104,837 for 100 percent time for 12 months, effective September 1,2006. Adelaida L. Sanchez, from Intern at a salary of $7,500 for 50 percent time for nine months, to Athletics Media Relations Specialist, at a salary of $19,000 for 100 percent time for 12 months, effective September 1, 2006. Kathv J. Springfield, from Administrative Assistant for Athletics, at a salary of $26,573 for 100 percent time for 12 months, to Academic Services Assistant for Athletics, at a salary of $30,000 for 100 percent time for 12 months, effective September 1,2006. College of Education Nancy D. Parr, from Substitute Teacher of Early Childhood, at a salary of $2,658 for 100 percent time for Summer II, to Pre-Kindergarten II Teacher Early Childhood, at a salary of $31,900 for 100 percent time for 12 months, effective August 14, 2006. -6- College of Fine Arts John W. GoodalU from Professor of Music, at a salary of $57,198 for 100 percent time for nine months, to Interim Dean of Fine Arts, at a salary of $88,000 for 100 percent time for 12 months, effective September 1, 2006. College of Forestry and Agriculture Joey L. Bray, from Supervisor Broiler Research Center, at a salary of $32,566 for 100 percent time for 12 months, to Associate Director Poultry Research Center, at a salary of $48,000 for 100 percent time for 12 months, effective September 1, 2006. Lynn Clark, from Accounting Supervisor for Controller, at a salary of $28,142 for 100 percent time for 12 months, to Assistant to the Director of the Columbia Center, at a salary of $30,000 for 100 percent time for 12 months, effective September 16, 2006. College of Liberal and Applied Arts Mark D. Barringer, from Associate Professor of History, at a salary of $47,853 for 100 percent time for nine months, to Interim Associate Dean of College of Liberal and Applied Arts and Associate Professor of History, at a salary of $56,854 for 100 percent time for nine months, effective September 1, 2006. College of Sciences and Mathematics Beatrice A. Clack, from Director/Associate Professor of Biotechnology, at a salary of $70,155 for 100 percent time for 11 months, to Director of Development/Associate Professor of Biotechnology for College of Sciences and Mathematics, at a salary of $70,857 for 100 percent time for 11 months, effective September 1,2006. James K. Langford, from Assistant Professor of Biology, at a salary of $40,336 for 100 percent time for nine months, to Director of Pre-Professional Programs and Assistant Professor of Biology for 100 percent time at a salary of $40,784 for nine months, effective August 24, 2006. Finance and Administration Danny R. Gallant, from Director Financial Services, at a salary of $80,993 for 100 percent time for 12 months, to Associate Vice President of Budget and Finance at a salary of $87,000 for 100 percent time for 12 months, effective September 1, 2006. -7- Physical Plant Lee Brittain, from Assistant Director of Physical Plant, at a salary of $72,705 for 100 percent time for 12 months, to Director of Physical Plant at a salary of $82,000 for 100 percent time for 12 months, effective October 1, 2006. Michael B. Rustad, from Supervisor Building Maintenance of Physical Plant, at a salary of $59,700 for 100 percent time for 12 months, to Supervisor Building Trades/Renovation at a salary of $62,297 for 100 percent time for 12 months, effective September 1, 2006. Ronald E. Watson, from Manager Custodial Services of Physical Plant, at a salary of $53,733 for 100 percent time for 12 months, to Assistant to Director of Physical Plant at a salary of $57,270 at 100 percent time for 12 months, effective September 1,2006. Public Affairs Shirley Luna, from Assistant Director of Public Affairs, at a salary of $39,973 for 100 percent time for 12 months, to Associate Director of Media Relations at a salary of $48,973 for 100 percent time for 12 months, effective September 1, 2006. Donna Parish, from Editorial Coordinator, at a salary of $32,665 for 100 percent time for 12 months, to Assistant Director of Creative Services at a salary of $37,565 for 100 percent time for 12 months, effective September 1, 2006. President's Office Susan H. Williams, from Assistant to Vice President, at a salary of $38,600 for 100 percent time for 12 months, to Special Assistant to the President at a salary of $50,000 for 100 percent time for 12 months, effective July 13, 2006. University Advancement Jill Still, from Director of Development at a salary of $48,594 for 100 percent time for 12 months, to Director of Development at a salary of $50,994 for 100 percent time for 12 months, effective September 1, 2006. University Affairs Steven B. Westbrook, from Executive Director for Student Affairs, at a salary of $87,329 for 100 percent time for 12 months, to Interim Vice President for University Affairs at a salary of $99,329 for 100 percent time for 12 months, effective August 14, 2006. -8- RETIREMENTS Mingteh Chang, Professor of Forestry, effective August 31, 2006. William D. HearelL Professor of English and Philosophy, effective August 11, 2006. John D. Rulfs, Director of Physical Plant, effective August 31, 2006. RECLASSIFICATIONS College of Education Lisa Stone, from Assistant to Dean College of Education, at a salary of $32,455 for 100 percent time for 12 months, to Coordinator of Advising Center for Education at a salary of $33,721 for 100 percent time for 12 months, effective September 1,2006. Controller Virginia Walker, from Supervisor Accounts Payable, at a salary of $31,482 for 100 percent time for 12 months, to Manager Accounts Payable at a salary of $36,800 for 100 percent time for 12 months, effective September 1, 2006. Counseling and Career Services Sheri Mullican from Assistant Director Career Services, at a salary of $47,515 for 100 percent time for 12 months, to Associate Director of Counseling and Career Services at a salary of $51,000 for 100% time for 12 months, effective September 1,2006. Environmental Health, Safety and Risk Management Donna TeeL from Assistant Safety Officer, at a salary of $39,642 for 100 percent time for 12 months, to Safety Officer at a salary of $42,000 for 100 percent time for 12 months, effective September 1, 2006. Financial Aid Rebecca Shepherd, from Coordinator of Scholarships, at a salary of $36,800 for 100 percent time for 12 months, to Assistant Director of Financial Aid at a salary of $40,000 for 100 percent time for 12 months, effective September 1, 2006. -9- Information Technology Services Shawn Hardy, from Programmer/Analyst I, at a salary of $31,549 for 100 percent time for 12 months, to Programmer/Analyst II at a salary of $35,000 for 100 percent time for 12 months, effective September 1, 2006. Instructional Technology Bryan Tarplev, from Instructional Systems Administrator, at a salary of $33,668 for 100 percent time for 12 months, to Systems Administrator for Office of Instructional Technology at a salary of $36,000 for 100 percent time for 12 months, effective September 1, 2006. Public Affairs Joseph Alford, from Publications Specialist, at a salary of $30,656 for 100 percent time for 12 months, to Publications Specialist at a salary of $32,000 for 100 percent time for 12 months, effective September 1, 2006. Student Affairs Operations Shelly Lackey, from Assistant to Director Auxiliary Services, at a salary of $53,162 for 100 percent time for 12 months, to Assistant Director Student Affairs Operations at a salary of $59,162 for 100 percent time for 12 months, effective September 1,2006. ACADEMIC AND STUDENT AFFAIRS Board Order 07-03 Upon motion by Regent James, seconded by Regent Boyer, with all members voting aye, it was ordered that the following academic affairs item be approved: SMALL-SIZE CLASS LISTS FOR SUMMER II 2006 AND FALL 2006 The Summer II2006 and Fall 2006 small-size class lists presented in Appendix 1 were approved. FINANCIAL AFFAIRS Board Order 07-04 Upon motion by Regent Thompson, seconded by Regent White, with all members voting aye, it was ordered that the following financial affairs items be approved: ANNUAL AUDIT PLAN AND REPORT The annual audit plan, work schedule, and staffing plan, as presented by the director of audit services, was approved. The annual audit report for fiscal year ending August 31, 2006 was approved as presented. -10- INTERNAL AUDIT CHARTER The Internal Audit Charter for the department of audit services was approved as presented in Appendix 2. SFASU FOUNDATION, INC. AGREEMENT The board approved the replacement agreement between Stephen F. Austin State University and the Stephen F. Austin State University Foundation, Inc. as submitted in Appendix 3. RESOLUTION FOR GENERAL AMERICAN MUTUAL HOLDING COMPANY The board adopted the resolution in Appendix 4 requesting that insurance proceeds checks containing errors that were issued by General American Mutual Holding Company as part of its liquidation under Missouri law be reissued and the payment information be corrected for any future disbursements. TEMPORARY SERVICES CONTRACT Authorization was given to award a contract to Kelly Services for temporary staffing services used by the university on an as needed basis to be effective through August 31, 2008 with the option to renew for two additional two-year periods. The source of funding will be from the individual departments utilizing the services. The president is authorized to sign the contract. PURCHASE OVER $50,000 - JACK CAMP The board of regents authorized the president to approve contracts between the university and Camp Olympia in excess of $50,000 necessary for the production of the 2007 sessions of Jack Camp. PURCHASE OVER $50,000 - YEARBOOKS The board of regents authorized the president to approve payment to Taylor Publishing Company for the production of 2006 Stone Fort yearbooks in the amount of $52,368.15. It was further ordered that Agenda Item 19, Authorization for Lease of Space for Banking Services in Student Center, be tabled for further review and future action. -11- BUILDING AND GROUNDS Board Order 07-05 Upon motion by Regent Green, seconded by Regent Pond, with all members voting aye, it was ordered that the following building and grounds items be approved: REMODELING OF ADMINISTRATIVE OFFICES The university was authorized to remodel the office of the vice president for finance and administration, converting the vault into an office by upgrading the lighting, electrical, wall and floor treatments and including furnishings. It was approved for the offices of the vice presidents for university affairs and academic affairs, as well as the administration lobby/reception areas, to have lighting, electrical work, and ceiling, wall and floor treatments renovated as considered necessary. The physical plant will act as general contractor for the project. The cost will not exceed $100,000 and will be paid from budgeted HEAF funds. FUNDRAISING PLAN AND MITIGATION AGREEMENT FOR BASEBALL/SOFTBALL COMPLEX The board of regents endorsed the fundraising plan for the baseball/softball complex as presented below and approved the recognized naming rights thresholds. Formal naming recognition on gifts over $500,000 will be brought back before the board of regents for appropriate acknowledgement. A fundraising goal to reach 25% of the project costs must be met by January 2008, or the project will be reevaluated at that time. The Complex Bo Pilgrim The Baseball Stadium $750,000 The Softball Stadium $500,000 The Fieldhouse $500,000 Baseball and Softball Pressboxes $ 100,000 each 2 Locker Rooms $50,000 each 2 Batting Cages $25,000 each Training Room $25,000 Weight Room $25,000 2 Home Team Dugouts $25,000 each 2 Visiting Team Dugouts $20,000 each 4 Foul Poles $15,000 each -12- Stadium Seating: Purchaser's name or designated 866 Baseball Chairback $1,200 each name "In Memory Of or "In Seats Honor Of permanently engraved on each stadium seat 355 Softball Chairback $1,200 each Seats (Stadium Seat Financing Option: Purchase more than one seat and pay $50/month for each seat for two years) Bronze "Wall of Names" at One Name $300 each Stadium Entrance Two Names $250 each Three or More Names $200 each Formal approval of the mitigation transaction was given at a cost not to exceed $10,000 per acre plus associated maintenance fees (source of funds - previously designated fund balance), and the president was authorized to sign the mitigation agreement as presented, with the director of physical plant authorized to sign all necessary closing paperwork reviewed by the general counsel. PURCHASE OF PROPERTY AT 117 EAST STARR AVENUE The university was authorized to purchase the property at 117 E. Starr for the appraised value of $78,000 plus associated purchase and closing cost. This property is otherwise known as Lot 9 - D of Block 45 within the city of Nacogdoches, Texas. The director of the physical plant was authorized to sign the required documents on behalf of the university. The source of funds will be designated fund balance. UNIVERSITY POLICIES AND PROCEDURES Board Order 07-06 Upon motion by Regent Green, seconded by Regent Grahm, with all members voting aye, the Board of Regents adopted the policy revisions as presented in Appendix 6. REPORTS President Pattillo presented comments on the following topics: ■ Baseball/Softball Complex fundraising plan ■ Technology policies for the university ■ Desired mid-year salary raises for the faculty and staff ■ Homecoming activities ■ President's Christmas Reception on December 14 ■ Commencement on December 16 -13- Dr. Chris Baker, Chair of the Faculty Senate reported on the following topics: ■ Funding for academics at SFA ■ Faculty Senate initiatives Brittany Scott, President of the Student Government Association, presented comments concerning the following topics: ■ SGA Retreat at the Pineywoods Conservation Center ■ Student Regent application process ■ SGA legislation update and school spirit ideas ■ SFA parking suggestions ■ Student opinions: opposition to joining a system, campus signage, new construction Gina Oglesbee, Director of Audit Services, offered comments concerning: ■ Annual Risk Assessment ■ Audit Plan ■ Quality Assurance Review Chair Ertz adjourned the meeting of the Board of Regents at 10:05 a.m. -14- Appendix 1 Texas Higher Education Coordinating Board Rules Currently in Effect (9-2006) Chapter 5. Rules Applying to Public Universities and/or Health-Related Institutions of Higher education in Texas Subchapter B. Role and Mission, Tables of Programs, Course Inventory §5.23 Definitions §5.23.5 Organized classes-Classes whose primary mode of instruction is lecture, laboratory or seminar. 7I §5.23.8 Small classes-Undergraduate level classes with less than 10 registrations, and graduate level classes with less than five registrations. §5.26 Offering of Small Classes by Public Universities 'th TeX3S Education Code' §51-403(<»), public universities may offer organized small classes §51.403(d.l) have been approved by the governing board of the university; §51.403(d.2) is a required course for graduation (the course is not offered each semester or term and, if canceled, may affect the date of graduation of those enrolled); §51.403(d.3) is a required course for majors in this field and should be completed this semester for term) to keep proper sequence in courses; §51.403(d.4) is a course in a newly established degree program, concentration, or support area; §51.403(d.5) is part of an interdepartmental (cross-listed) course taught as a single class by the same faculty at the same station, provided that the combined enrollments do not constitute a small class; §51.403(d.6) is a first-time offering of the course; §51.403(d.7) is class size-limited by accreditation or state licensing standards; §51.403(d.8) is class size-limited by availability of laboratory or clinical facilities; or §51.403(d.9) is voluntarily offered by a faculty member in excess of the institutional teaching load requirement and for which the faculty member receives no additional compensation. Source Note: The provisions of this §5.26 adopted to be effective May 28, 2003, 28 TexReg 4124 Appendix 1 SMALL CLASSES Summer II 2006 Course Information I \ Number Credit Hourj Credit j Texas Education Code Section Id. ! Title Enrolled j Value \ Hours .Offering Compliance AGD361001 jAGRICULTTJ^^ _?..!. 3 J11 j§51:403^.2,^ MLG 580 501 DEWEL S3hl'9^C[PUliED LEAR 4 3 I ^ §51403^.2) MUS140001 MUSIC APPRECIATION^ 9 : 3 27 : §51 J4g3(d,2, d,3) SPA232001 INTERMEDIATE SPANISH j 5 3 j 15 j §51403(dL9) ED APPRAISAL EXCEPTIONAL CHILD j 9 = 3 | 27 | ^ SP€438 001/ JNS^JCfroRPERSW/blSABL/ Q 3 27 SPE562001 ||NSTRSTRAT EXCEPT LEARNERS i j §51.403(d.2, d.3) Total Estimated Credit Hours in Small Classes 135 Total Estimated SFA Credit Hours Summer II 2006 18,951 Estimated Small Class Credit Hours as a Percentag of SFA Total Credit Hours 0.7% DATE: SMALL CLASSES Fall 2006 Appendix 1 Course Information Section Id. CSC342 001 ; Number : Credit Hour : Value HMS137 201 HMS137L201 PRINCIPLES OF FOOD SCIENCE HMS 460 201 HMS 353301 RHB422 020 FOR 546 001 FOR 411001 FOR 427 001 CHE 241 001^ CHE 241L020 CHE337001 CHE^452L051 CHE443 001 GOL 520 001 GOL 568 002 "STA524 001 STA525 001 MTH 305 001 STA 320 001 MTH 419 001 PHY 431 001 MLG424 501 RDG415 041 JPARENTING ^SE& abuse FIRE ECOLOGY AN^ MANAGEMENT ■TIMBER^^ MANAGEMENlf ^regional sii^iculture 'inorganic chemistry i^norganic chemist^ lab i physical chemistry \ co^rehensive biochemistry i lab GEOCHEMISTRY APPLIED MUlJWi^l/^ APPLIED NONPT^M INTRO TO NUMERICAL METHODS STATISTICAL METWDS " PROBABILITY THEORY INTRO QUANTUM MECHANICS MATHEMATICS IN THE MIDDLE GRADES RDG ASSESSMENT & INSTRUCTION 7 1 1 1 7 b 9 6 4 8 8 4 4 4 4 8 4 4 3 3 6 7 7 9 Total Estimated Credit Hours in Small Classes Total Estimated SFA Credit Hours Fall 2006 Estimated Small Class Credit Hours as a Perqentag of SFA Total Credit Hours 3 1 2 3 3 3 3 3 3 3 3 3 1 4 1 4 3 3 3 3 3 3 3 3 3 2 Total ; Credit Texas Education Code Hours i Offering Compliance 21 , §51.4p3(d:2) 1 , __.§51.403{dJj, 2 §51^|03(d.1J_.. 3 §51.403(dL1) 21 §5l.403(d.1) 27 §51.403(d,2?d.3) 27 §51:403(d,2?d.3) 18 §51.403(d,1) 12 §51_r403(d,2, d,3) 24 j §51.4q3(d,2,.dL3)....._.. . 24._ ; _ §5J,403i(d,2fd:3) 12 §51^403(^2, d.3) J*. §§L4P31d-2,_d.3) 16_ ; _ §5L4P.3fiL2xd.3)._._... 4 §51.403(d,2rd.3) 32 .151..403(d,2,.d.3) 12 ; §51 4p3(d:2, d,3) 12 §51,403(d.2l d.3) 9 §51.403(d:2) 9 §51.403(d.2) 18 s< .§51..403(d.2) 21 §51,403(d.2) 21 §51.403(d.2) 27 : §51.403(d:2) 27 §51,403(d.3) 18 ! §51 ^403^,4,d.6) 422 146,554 0.3% Date: Appendix 2 STEPHEN F. AUSTIN STATE UNIVERSITY PURPOSE, AUTHORITY, AND RESPONSIBILITY of tho DEPARTMENT OF AUDIT SERVICES INTERNAL AUDIT CHARTER October 19, 2006 PurposePurpooQ f,he purpose of the Department of Audit Services through internal auditing /sis to provide independent, objective assurance and consulting activities that add value and improve university operations. Audit Services helps the university accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control and governance processes. \gi] Audit Services^ provides the Board of Regents and the President an independent appraisal of the adequacy and the effectiveness of the ^University's system of internal administrative and accounting controls and the quality of performance when compared with established standards. The primary objective is to assist the Board of Regents, the President and t/University management in the effective discharge of their responsibilities. Authority Authority The Department of Audit Services is an integral part of Stephen F. Austin State University and functions within established policies. The Director of Audit Services reports functionally to the Board of Regents and administratively to the President. The Department will oporato within tho guidolinos of Standards for tho Professional Practice of Internal Auditing ao publiohod by tho Institute of Intornal Auditors and tho Toxas Intornal Auditing Act (Article 6252 5d., VACS.). The Department of Audit Services will have unrestricted access to all University activities; records, both manual and electronic; property; and personnel relevant to any area being reviewed. Members of the Audit Services1 staff will handle all documents and other information acquired in the course of their duties prudently. Standards and Independence [The Department will operate within the guidelines of the Institute of Internal Auditors (HA) International Standards for the Professional Practice of Internal -1 - Appendix 2 Auditing, HA Code of Ethics, and the Texas Internal Auditing Act (Article 6252 - 5d.,V.A.C.S.).\g2] Internal auditors are and will remain independent of the activities or operations they review; they will not engage in any activity which would impair their independence. Responsibility The Department of Audit Services will fulfill its responsibility to the Board of Regents and the President by: • -developing an audit plan based on risk analysis which includes the concerns of management • T-fey-providing audit coverage that consistently meets the needs and expectations of management • following up on , by responding to identified weaknesses, findings and recommendations from previous audit work • -aficHay-participating in a program of quality assurance designed to ensure the increasing professionalism of the department and standard of the work performed^ • performing consulting services including advisory and related service activities, the nature and scope of which are agreed upon and which are intended to add value and improve the university's governance, risk management, and control processes without assuming management responsibility. Examples include counsel, advice, facilitation, training, and committee service.\g3] Annually the Director of Audit Services will submit information on the annual audit plan, work schedule, and staffing plan to the President for his review and to the Board of Regents for their approval. Quarterly the Director will provide activity reports to the President and the Board of Regents detailing progress against the annual audit plan, audit accomplishments, and highlights of any significant audit findings and recommendations. \the Director of Audit Services will submit reports as required to the State Auditor's Office, Governor's Office, Legislative Budget Board and Sunset Advisory Commission. [g4]The scope of audit activities will include all controls, reports and operations of the University. The Department of Audit Services will examine and evaluate: • -The reliability and integrity of financial and operating information and the means used to identify, measure, classify and report information. -2- Appendix 2 —The systems established to ensure compliance with policies, plans procedures, laws and regulations that could have a significant impact on the University. ^The means of safeguarding assets and verifying their existence. -The economy and the efficiency with which resources are employed. —The extent to which the operations and programs of the University are consistent with its objectives and goals. Director of Audit Services -Date Tito Guorroro, Prooidont Date -3- Appendix 3 Memorandum of Understanding between Stephen F. Austin State University Foundation and Stephen F. Austin State University THIS AGREEMENT, entered into as of this 19th day of October, 2006, by and between Stephen F. Austin State University (the "University") and the Stephen F. Austin State University Foundation, Inc. (the "Foundation"). The University is an agency of the State of Texas, organized and existing under Chapter 101, Texas Education Code, as an institution of higher education located in Nacogdoches, Texas. The governing body of the University is the Board of Regents (collectively the "Regents"). The Foundation was organized and incorporated in 1975 as a non-profit corporation under the laws of the State of Texas for the purpose of stimulating voluntary private support from alumni, parents, friends, corporations, foundations, and others for the benefit the University. The governing body of the Foundation is its Board of Trustees (collectively, the "Trustees"). The parties are entering into this agreement for the purpose of defining the relationship between them pursuant to Chapter 2255 of the Texas Government Code, and to implement the policy (D-25.5) of the Regents governing the University's relationship with private support organizations. While this agreement is in effect, the University recognizes the Foundation as existing solely for the support of the University. The parties agree that the Foundation is a necessary and beneficial component of the University's overall program for university advancement and for the development and management of private sources of funding for capital acquisition, operations, endowments, and other purposes relating to the mission and priorities of the University, and to provide opportunities for students and a margin of institutional excellence unavailable with state funds. The Foundation is dedicated to assisting the University in the building of the endowments and in addressing, through financial support, the long-term academic and other priorities of the University. As stated in its articles of incorporation, the Foundation is a separately incorporated 501 (c)(3) organization and is responsible for identifying and nurturing relationships with potential donors and other friends of Stephen F. Austin State University; soliciting cash, securities, real and intellectual property, and other private resources for the support of the University; and acknowledging and stewarding such gifts in accordance with donor intent and its fiduciary responsibilities. Furthermore, in connection with its fund-raising and asset-management activities, the Foundation retains and/or partially supports personnel experienced in planning for and - 1 - Appendix 3 managing private contributions and works with the University to assist and advise in such activities. In consideration of the mutual commitments herein contained, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: FOUNDATION NAME, SEAL AND LOGOTYPE Consistent with its mission to help to advance the plans and objectives of the University, the Foundation is granted the use of the name, Stephen F. Austin State University' however, the Foundation will operate under its own seal and logotype and shall not use the university seal or other identifying marks in the promotion of its business and activities without specific written approval by the University. INSTITUTION OR SYSTEM GOVERNANCE • The Board of Regents of the University is responsible for overseeing the mission, leadership, and operations of the University. • The Board of Regents is responsible for setting priorities and long-term plans for the University. • The Board of Regents is legally responsible for the performance and oversight of all aspects of University operations. • The Board of Regents is responsible for the employment, compensation, and evaluation of all University employees, including the President. THE FOUNDATION'S RELATIONSHIP TO THE INSTITUTION • The Foundation is a separately incorporated 501 (c) (3) nonprofit organization created to raise, manage, distribute, and steward private resources to support the various missions of the University. • The Foundation Board of Trustees is responsible for the control and management of all assets of the Foundation, including the prudent management of all gifts consistent with donor intent. • The Foundation Executive Director is responsible for the performance and oversight of all aspects of its operations based on a comprehensive set of bylaws that clearly address the board's fiduciary responsibilities, including expectations of individual board members based upon ethical guidelines and policies. • The Foundation Board of Trustees is responsible for the evaluation of the Foundation Executive Director. The Foundation Executive Director is a University Vice President and the President of the University retains ultimate supervision, evaluation, hiring and firing authority over this individual's employment. The evaluation of the Foundation Executive Director (which is also the University Vice President for Advancement) conducted by the Foundation Board will be submitted to the University President for his consideration. • The Foundation currently has no employees, but relies on University employees to fulfill its responsibilities. All salary related decisions for this Vice President/Executive Director remain solely with the University President. Cost -2- Appendix 3 sharing arrangements for salary and benefits may be negotiated between the parties and reduced to writing when needed. Any payments (other than reimbursements of expenses) made by the Foundation to the Foundation Executive Director (or other University employees) shall first be submitted to the President for approval before being provided to the University employee. The President will consider these payments within the overall salary scales of the University to determine whether they should be awarded to a University employee. • When issues arise which create a conflict between the University and the Foundation, the Vice President/Foundation Executive Director (or other University employees who assist the Foundation) shall maintain a duty of loyalty and ultimate fiduciary responsibility to the University as an employee of the State of Texas. THE INSTITUTION'S RELATIONSHIP TO THE FOUNDATION • The University President is responsible for communicating the University's priorities and long-term plans, as approved by the Regents, to the Foundation. • The University recognizes that the Foundation is a private corporation with the authority to keep all records and data confidential consistent with the law. In turn, the Foundation recognizes that some University records may be public information under the law and others may be confidential by statute (e.g. confidentiality of student records are protected by FERPA). To the extent that University employees assisting the Foundation may have access to certain confidential student or other University records, such information will be confidentially maintained and utilized only in accordance with state and federal laws. • Stephen F. Austin State University shall establish and enforce policies that support the Stephen F. Austin State University Foundation, Inc.'s ability to respect the privacy and confidentiality of donor records, to the extent permitted under Texas law. • The executive director of the Foundation shall be the University Vice President for University Advancement and shall be included as a member of the University President's cabinet and senior administrative team, within the discretion of the President. • The University shall include the Foundation as an active and prominent participant in the strategic planning for the University. • The President of the University shall serve as an ex-officio, non-voting member of the Foundation board and shall assume a prominent role in fond-raising activities. • In consideration for Foundation services including but not limited to donor database management, endowment fond management, donor stewardship, and donor recognition the University will provide the Foundation without charge fair and reasonable in-kind support including office space, equipment, technology and supplies as necessary in the determination of the President for the Foundation to carry out its responsibilities and activities. -3- Appendix 3 FOUNDATION RESPONSIBILITIES 1. Fund-Raising • The Foundation shall create an environment conducive to increasing levels of private support for the mission and priorities of the University. • The Foundation, in consultation with the University President and the Office of University Advancement, is responsible for planning and executing comprehensive fund-raising and donor-acquisition programs in support of the institution's mission. These programs include annual giving, major gifts, planned gifts, special projects, and campaigns as appropriate. • The Foundation will establish, adhere to, and periodically assess its gift-management and acceptance policies. It will promptly acknowledge and issue receipts for all gifts on behalf of the Foundation and the University and provide appropriate recognition and stewardship of such gifts. • The University recognizes that the Office of University Advancement and the Foundation share major responsibility for fund-raising. University representatives will coordinate all fund-raising initiatives including major gifts solicitations with the Office of Advancement. • The University President will work in conjunction with the leadership of the Foundation board and the Foundation executive director to identify, cultivate, and solicit prospects for private gifts. • The Foundation shall not accept grants from state or federal agencies, except in special circumstances that are approved by the Foundation Board of Trustees and the governmental agency. • The Foundation shall establish and enforce policies to protect donor confidentiality and rights. 2. Asset Management • The Foundation will establish asset-allocation, disbursement, and spending policies that adhere to applicable federal and state laws including the Uniform Prudent Investor Act (UPIA) and the Uniform Management of Institutional Funds Act (UMIFA). Such policies will be shared with the University upon request. • The Foundation will receive, hold, manage, invest, and disperse contributions of cash, securities, patents, copyrights, and other forms of property, including immediately vesting gifts and deferred gifts that are contributed in the form of planned and deferred-gift instruments. • The Foundation serves as custodian of the University endowment files and shall maintain the endowment files in an organized and timely manner. • The Foundation shall be responsible for managing donor stewardship of all University owned endowment assets including, but not limited to, annual report to donors. • The Foundation will timely report University endowment distribution amounts to the appropriate University accounts for use in fulfilling the donor's original -4- Appendix 3 purpose and shall regularly communicate with applicable account holders to properly utilize such assets appropriately. • The Foundation shall make comprehensive endowment, gift, and other asset reports regularly to the University Board of Regents, or as otherwise requested by the Board of Regents. The University reserves the right to request specific information about the Foundation's assets, policies, investments, contracts and other relationships or information at any time. • The Foundation will engage an independent accounting firm annually to conduct an audit of the Foundation's financial and operational records and will provide the University with a copy of the annual audited financial statements, including management letters. 3. Institutional Flexibility • The Foundation will explore through the SFA Real Estate Foundation, Inc. current opportunities, including acquisition and management of real estate on behalf of the University for future allocation, transfer, or use. • The Foundation may serve as an instrument for entrepreneurial activities for the University and engage in such activities as purchasing, developing, or managing real estate for University expansion, student housing, or retirement communities. It also may hold licensing agreements and other forms of intellectual property, borrow or guarantee debt issued by their parties, or engage in other activities to increase Foundation revenue with no direct connection to a University purpose. • When distributing gift funds to the University, the Foundation will disclose any terms, conditions, or limitations imposed by donor or legal determination on the gift. The University will abide by such restrictions and provide appropriate documentation. 4. Transfer of Funds • The Foundation is the primary depository of private gifts and will transfer funds to the designated entity within the institution in compliance with applicable laws, University policies, and gift agreements. The Executive Director of the Foundation shall be responsible for knowing and understanding applicable laws, University policies and gift agreements to guide the Foundation's decisions. • The Foundation's disbursements on behalf of the University must be reasonable business expenses that support the institution, are consistent with donor intent, and do not conflict with the law. Reasonableness shall initially be defined by the Foundation Board of Trustees in making it's disbursement decisions, but the University reserves the right to intervene on the question of reasonableness of business expenses if necessary. • Funds gifted to the University for a restricted purpose are considered a charitable trust. Legal titles to such funds cannot be transferred to the Foundation without petitioning a court of competent jurisdiction as outlined under state law. -5- Appendix 3 FOUNDATION FUNDING AND ADMINISTRATION • The Foundation is responsible for establishing a financial plan to underwrite the cost of Foundation programs, operations, and services. • The Foundation has the right to use a reasonable percentage of all endowment assets and charitable trusts under management, the annual unrestricted funds, assess fees for services, or impose gift taxes, to support its operations on behalf of the University. Such assessments shall be in accordance with properly approved Foundation policies and fully disclosed to the University at least annually, or when a material change has been imposed. No assessments will be made to University owned funds or endowments without the written approval of the University. • University endowments are funds given to the university and accounted for on the university's books, which meet the endowment requirements established by University policy. • The University will provide office space, computer and telephone systems, utilities, adequate personnel, office supplies, and other such services that may be necessary or required to fulfill the responsibilities and obligations of the Foundation. • The Foundation shall maintain copies of the plans, budgets, and donor and alumni records developed in connection with the performance of its obligations. • The Foundation will provide access to data and records to the University on a need-to- know basis in accordance with applicable laws, Foundation policies, and guidelines. The Foundation will provide copies of its annual report, and other information that may be publicly released. TERMS OF THE MEMORANDUM OF UNDERSTANDING (MOU) This Memorandum of Understanding, made this 19th day of October, 2006, by and between the Board of Stephen F. Austin State University and the Stephen F. Austin State University Foundation, Inc. (an Internal Revenue Code §501 (c) (3) nonprofit corporation), is intended to set forth policies and procedures that will contribute to the coordination of their mutual activities. To ensure effective achievement of the items of the agreement, the University and the Foundation officers and board representatives shall hold periodic meetings to foster and maintain productive relationships and to ensure open and continuing communications and alignment of priorities. Provided the Foundation has first executed this agreement, this agreement is effective upon its approval by the Regents. Either party may, upon 90 days prior written notice to the other, terminate this agreement. Notwithstanding the forgoing, either party may terminate this MOU in the event the other party defaults in the performance of its obligations and fails to cure the default within a reasonable time after receiving written show cause notice. -6- Appendix 3 Should the University choose to terminate this agreement the Foundation may require the University to pay, within 180 days of written notice, all debt incurred by the Foundation on the University's behalf including, but not limited to, lease payments, advanced funds, and funds borrowed for specific initiatives, unless the Foundation continues to maintain sufficient assets and resources available to pay its debts or unless University payment of such debts is otherwise prohibited under law. Should the Foundation choose to terminate this agreement the University may require the Foundation to pay debt or obligations it holds on behalf of the Foundation in like manner. Upon termination, the parties shall reasonably attempt to negotiate whether dissolution of the Foundation is appropriate and how endowed funds and assets collected for the benefit of the University and controlled by the Foundation should be handled thereafter. Consistent with provisions appearing in the Foundation's bylaws and its articles of incorporation, should the Foundation cease to exist or cease to be an Internal Revenue Code §501(c)(3) organization, the Foundation will transfer its assets and property to the University, to a reincorporated successor Foundation, or to the state or federal government for public purposes, in accordance with the law and donor intent. IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed by their duly authorized officers as of the day and date first above written. Chair, Stephen F. Austin State University Board of Regents Chair, Stephen F. Austin State University Foundation Date: \O \\<\ President Stephen F. Austin State University Date: lo- 3o- ^00U Date: Exeuitive Director Stephen F. Austin State University Foundation Date: -7- Appendix 4 BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY Nacogdoches, Texas RESOLUTION REQUESTING RE-ISSUANCE OF CHECKS FOR INSURANCE PROCEEDS WHEREAS, General American Mutual Holding Company issued two checks to the University, who is the owner of the policy, as part of its liquidation under Missouri law, in the sums of $11,628.91 (No. 00000050816) and $2,253.92 (No. 00200269990); and WHEREAS, the checks were payable to the University, but incorrectly contained the insured's address, used the social security number of the insured as the recipient identification number, and misspelled the University's name; and WHEREAS, in order to re-issue the checks with the correct information, American General Mutual Holding Company requires that a corporate resolution be passed requesting the re-issuance; NOW THEREFORE BE IT RESOLVED that the Stephen F. Austin State University Board of Regents, by the passing of this Resolution, does hereby request that General American Mutual Holding Company re-issue checks for $11,628.91 and $2,253.92 payable to the University with the corrected information and that they correct their payment information for any further disbursements that may occur in this matter; and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minutes of the October 19, 2006 meeting of the Board. THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY , Secretary Appendix 5 AGREEMENT FOR EXECUTION OF CONSERVATION EASEMENT FOR MITIGATION This Agreement is entered into this day by and between TIN INC., doing business as TEMPLE-INLAND, and Stephen F. Austin University ("SFASU") to memorialize the obligations of the parties consistent with the issuance of Permit No. (to be assigned) by the U. S. Army Corp. of Engineers ("USACE") relating to construction within a jurisdictional wetlands area as provided in said Permit (project number 200500092). By recordation of a Conservation Easement, Temple-Inland and SFASU intend to mitigate activities of SFASU relating to the construction of its new baseball park upon approximately twenty (20) to fifty (50) acres of real property in Nacogdoches County, Texas. Upon the mutual covenants and conditions herein expressed, and for good and valuable consideration, the parties hereby agree as follows: 1. Obligations of Temple-Inland: (a) On or before thirty (30) days following final approval by USACE of the Conservation Easement, Temple-Inland shall execute and file of record said Conservation Easement to be drafted in general accordance with the provisions of the Texas Uniform Conservation Easement Act of 1983, and in form mutually acceptable to Temple-Inland, SFASU, and the Grantee of said easement, and in compliance with the terms of USACE Permit No. (to be assigned) (b) At the time of the execution of this Agreement, the parties hereto intend to seek USACE approval of an acceptable entity (e.g.-reputable land trust, SFASU School of Forestry, etc.) as the easement holder. It shall be the obligation of Temple-Inland to find an easement holder suitable and acceptable to SFASU and USACE to receive and to hold the Conservation Easement. The Conservation Easement will include language that permits scientific research and periodic tours of the property that are consistent with the intent of the Conservation Easement. (c) The Conservation Easement shall be filed of record by Temple-Inland in the county where the property is located. The property to be included in the Conservation Easement (the "Mitigation Area") is approximately twenty (20) to fifty (50) acres (TIN compartment/stand 03210-018), more or less, to be determined based on USACE permit requirements and by final survey out of the Nathaniel Benton Survey, Abstract No. 88, Nacogdoches County, Texas. Appendix 5 (d) Temple-Inland shall complete the survey of the approximate twenty (20) to fifty (50) acre Mitigation Area made the subject of the Conservation Easement, and shall submit a copy of said survey, when completed, to the SFASU, the Grantee of the Easement, and to USACE. 2. Obligations of SFASU: (a) SFASU shall pay to Temple-Inland, within five (5) days of the execution hereof, the amount of $15,000.00 as Earnest Money. In the event SFASU completes all of its obligations contemplated hereby and closes and funds this transaction in full, the Earnest Money shall be credited to the Purchase Price for the Conservation Easement. In the event SFASU fails to complete its obligations and fund the Purchase Price, Temple-Inland shall be entitled to retain the Earnest Money as liquidated damages. The Earnest Money shall be refunded by Temple- Inland to SFASU only in the event Temple-Inland fails or is unable, to complete its obligations hereof in the time period allowed. (b) On the Closing Date, SFASU shall pay Temple-Inland via wire transfer the Purchase Price which shall be an amount equal to $10,000.00 per acre multiplied by the number of acres in the Mitigation Area as surveyed, the cost of surveying the Mitigation Area (not to exceed $15,000), and any stewardship endowment fees required by the Grantee of the Easement (not to exceed 25% of the appraised value of the property). Temple-Inland shall pay all other costs associated with this Agreement and Mitigation Area, including, without limitation, recording fees, attorneys' fees for Temple-Inland, the costs of implementing the Mitigation Plan as described in the Permit, and real estate property taxes. 3. Temple-Inland represents, warrants and covenants to SFASU that: (a) Temple-Inland has not received any notice of, and has no knowledge of, any pending or threatened taking or condemnation of the Mitigation Area. (b) Temple-Inland is a duly formed corporation of the State of Delaware. Temple-Inland is in existence and in good standing in accordance with the laws of the State of Texas and is authorized and qualified to own the Mitigation Area. Temple-Inland has complete and full authority to execute this Agreement and to record the Declaration. (c) Temple-Inland holds marketable fee simple title to the Mitigation Area, and there are no liens, easements or other encumbrances affecting the Mitigation Area, that would prevent the implementation of, and Appendix 5 continued compliance with, the Mitigation Plan. (d) Each of the persons executing this Agreement on behalf of Temple- Inland further represents and warrants that the persons signing this Agreement on behalf of Temple-Inland are duly qualified and appointed representatives of Temple-Inland and have all requisite power and authority on behalf of Temple-Inland to enter into this Agreement as the valid, binding and enforceable obligation of Temple- Inland. (e) Temple-Inland has no knowledge of, nor has Temple-Inland received any notice of, any actual or threatened action, litigation, or proceeding by any organization, person, individual or governmental agency (including governmental actions under condemnation authority or proceedings similar thereto) against the Mitigation Area or Temple- Inland, nor has any such organization, person, individual or governmental agency communicated to Temple-Inland anything that Temple-Inland believes to be a threat of any such action, litigation or proceeding. (f) Temple-Inland has received no notice of and has no knowledge of any violations of law, municipal or county ordinances, or other legal requirements with respect to the use of the Mitigation Area. 4. SFASU represents, warrants and covenants to Temple-Inland that: (a) SFASU is a duly formed state university of the State of Texas. SFASU is in existence and in good standing in accordance with the laws of the State of Texas. (b) Each of the persons executing this Agreement on behalf of SFASU further represents and warrants that the persons signing this Agreement on behalf of SFASU are duly qualified and appointed representatives of SFASU and have all requisite power and authority on behalf of SFASU to enter into this Agreement as the valid, binding and enforceable obligation of SFASU. 5. Closing of this transaction including but not limited to funding of the Purchase Price, and recordation of the Conservation Easement, shall occur on or before, 2007. The Closing Date may be extended by mutual agreement of the parties as evidenced in writing. Appendix 5 Executed to be effective as of the day of , 2006. TIN INC. d/b/a TEMPLE-INLAND By:. Jack C. Sweeny, Executive Vice President - Forest Products STEPHEN F. AUSTIN STATE UNIVERSITY By: Name: Title: Appendix 6 Policies Approved by the Board of Regents October 19,2006 p-l Appendix 6 P-2 Appendix 6 Camp and Conference Reservations B-4 Original Implementation: 1987 Last Revision: October 23, 2003 October 19, 2006 Each year Stephen F. Austin State University is host to a variety of camps, clinics, workshops, and conferences. To facilitate the many and varied requests of these groups, the Coordinator for University Reservations and Conferences, referred to in this booklet as the Coordinator, located in the University Student Center, room 110277, is available to assist Camp Directors in arranging housing, meal tickets, meeting space, insurance, parking permits, and banquets. A camp, as referred to in this document, refers to all special programs, camps and conferences. Eligibility Any camp or conference requesting use of University facilities must have a University sponsor. If profit-making agencies are involved with the program, the sponsoring organization must receive prior approval from the Vice President for Business A££ak$Finance and Administration to conduct the camp. It is the responsibility of the sponsoring individual or organization University sponsor to ensure that programs and activities conducted in the University Student Center or at other locations on the University campus are in compliance with the Americans with Disabilities Act. Age of Participants Camp participants under ten (10) years of age are not permitted to stay over-night in the residence halls unless accompanied by parents and under close supervision at all times. Request for Camp/Conference Facilities The first step for the Camp Directors will be tomust submit a completed "Camp/Conference Reservation Contract" to the Coordinator (see appendix for sample) to request the use of University facilities (sec appendix for sample). The form should be completed with estimates of size of the campAn estimated number of attendees (including counselors and directors) for the camp must be included on this form. Housing, meal cards, meeting space and other requests will be reserved according to the stated needs on this form. Completion and return of these forms as early as possible will help assure that each specific need will be met. Some areas are limited and will be supplied on a first-come, first-serve basis. A packet containing passes, tickets, insurance forms and instructions will be assembled and should be picked up at the Coordinator's office two (2) weeks before the scheduled camp date. Insurance Requirements It is the responsibility of the sponsoring department University sponsor to ensure that each group has appropriate liability coverage. All non-credit participants spending the night in P-3 Appendix 6 University residence halls must be insured. A per camper/night fee will be assessed at the completion of the camp and billed to the proper accountincluded on the invoice for camp expenses. A list of names of all participants to be insured must be submitted to the office of the Coordinator on the first working day of the camp session. Completing Completion o/insurance forms ese-is the responsibility of the Camp Director. Forms returned because of insufficient information are also the Camp Director's responsibility. Health Clinic A University medical release and consent form (see appendix for sample) must be completed and signed by the parent/guardian of each camper under age 18. Neither the clinic nor local hospitals will treat a minor student without this release form in hand. The Camp Director is responsible for having these forms signed and readily accessible at all times in case of an emergency. Claim forms are available from the Coordinator as needed. The attending SFASU Health Clinic physician/professional will forward the claim form to the insurance carrier following a medical visit. In the event that a camper requires treatment at a local hospital, the insurance claim form must be returned to the Coordinator to insure correct processing of the claim. No claim will be processed without the signature of a camp official. A camp official must accompany a student camper to the University Health clinic, local hospital emergency room, or pharmacy. Emergency Phone Numbers All camp participants should be informed that a campus 911 number is available to them should an emergency take place. Parents of participants should be informed of the twenty-four (24) hour emergency phone number (936) 468-2608 at the University Police Department. Billing Procedures Billing for summer camps will be handled through the Coordinator's office. Costs for meals, housing and insurance will be negotiated each year and the projected costs made available upon request. An account number or billing address should be supplied at the time of the original camp reservation. After the camp is completed Upon completion of the camp, one totals invoice biH-for all lodging, damages, lost keys, meals, special banquets, SFA food service deliveries and pick-ups, insurance, and other applicable costs will be assessedissued to the Camp Director, and billed to the camp account. Any damages, etc. discovered after the close of the camp will remain the Camp Director's responsibility. Payment must be made in full within 30 days of the date of the invoice. P-4 Appendix 6 Camp cancellations must be made in writing to the Coordinator. Cancellations within one month to two weeks prior to the starting date of the camp will incur a $100 dollar cancellation fee. There will be a $150 per day charge for each day that the camp was scheduled when the cancellation is made within two weeks of the beginning date of the camp. Housing The Camp Director should estimate as closely as possible the number of students and counselors needing University housing for the camp session. Space will be reserved as per the reservation completed by the Camp Director. Concurrent camps may result in two or more groups occupying the same residence hall. In the event that this becomes necessary, the Camp Director will be allowed the opportunity to request additional facilities. The request for additional facilities will be granted if housing facilities are available. Additional fees will be charged for this sendee and will be established according to the type of facility requested. Before the camp session, the Camp Director will receive lists of final hall assignments, summer Hall Directors and their current phone numbers. Two weeks before the camp session the Housing Department University will send floor plans, roommate lists, information specific to the building, such as rooms being used for storage and not available to campers, and the current phone number for the Hall Director. The Camp Director should contact the Hall Director as soon as the lists are received and should keep the Hall Director updated on changes and special needs the camp may have in the hall. If it is necessary for a camp to have camp staff or campers arrive one night early or check out one day later than the main camp, the early arrivals/late checkouts may be housed in a different facility for this time. Any early arrivals or late checkouts must have authorized supervision. Final Arrangements At least two (2) weeks prior to the start of the camp session the Camp Director should contact the Hall DirectorCoordinator assigned to the camp to finalize arrangements. Issues to be discussed include early arrivals, pre-camp inventory of the residence hall, check-in and checkout procedures, room assignments, storage of equipment, late departures, and post- end of conference camp inventory of the residence hall. The SFA Housing Department is responsible for the overall cleaning of the residence halls, but it is the Camp Director's responsibility to make sure campers' posters, trash and other items are removed from the rooms and taken to the dumpster. The Camp Director is responsible for removal of any writing on walls, mirrors or doors prior to departure. Housing damages and lost key charges are assessed after the group has left the residence hall, but remain the Camp Director's responsibility. (See Damages for more information) P-5 Appendix 6 Groups meeting in the lobbies of the residence halls are responsible for the general cleaning of these areas. Food deliveries are not permitted after the front desk closes. Participants may not use hallways, floors, or rooms other than those assigned to the camp. Special Accommodations Any camper or conference attendee that will need special accommodations due to a disability should contact the Coordinator prior to arrival on campus. The Camp/Conference Director Responsibilities (Participants as presented below refer to all individuals associated with the camp/conference including campers, instructors, staff and guests). The Camp/Conference Director: 1. Will provide counselors and staff for the camps, preferably a minimum o/one counselor per ten campers is required. Campers should must be supervised during any free timeaf all times. 2. Inspects residence hall facilities immediately prior to and after the camp session; 3. Advises participants of appropriate check-in and checkout procedures including charges for damages and lost keys; 4. Familiarizes participants with University policies, especially those pertaining to fire and emergency evacuation procedures, appropriate conduct, possession of controlled substances and fire arms, and authorized entry into rooms; 5. Maintains discipline of all participants; 6. Cooperates with the residence hall director and staff who are responsible for the safety, security and maintenance of the building; 7. Collects and has readily available all Medical Release and Consent Forms on all participants; 8. Informs the University in advance of early and late arrivals; 9. Completes insurance forms at the time of treatment; 10. Handles insurance forms returned for lack of student information; 11. Furnishes the coordinator Coordinator with a camp roster as soon as possible but no later than twenty-four (24) hours after camp check-in begins. 12. It is the responsibility of the sponsoring individual or organization University sponsor to ensure that programs and activities conducted in the University Student Center or at other locations on the University campus are in compliance with the Americans with Disabilities Act. The Hall Director's Responsibilities The Hall Director is responsible for supervising the SFA residence hall staff. He/she will develop a comprehensive work schedule, assist with distribution of keys and room assignments as needed to provide the best possible service to conference camp guests. P-6 Appendix 6 The hall director will be available to assist the Camp/Conference Director in providing adequate supervision and disciplinary guidelines to campers. After camp completion, the Hall Director will be responsible for submitting to the Housing Department the final count of rooms/beds used. The Hall Director: 1. Acts as a daily contact person to assigned groups; 2. Prepares staff for handling emergencies and familiarizes them with overall building layout (elevators, fire alarms, etc.); 3. Interprets, supports, and enforces University policies, procedures, and regulations; 4. Completes work orders and maintenance requests as needed for efficient hall maintenance; 5. Completes administrative paperwork as required by the Residence Life Office or the Housing Department. 6. Assesses all Housing charges at the Conclusion of the conference. Hall Director Phone List Units 6620 Wilson 1906 Wisely 2663 Hall 14 5408 Todd4907 Griffith 5401 | North 2644 Hall 16 5100 Hall 10 4708 Steen4607 | Mays 4707 Kerr 5306 South 2793 Hall 20 2671 The Hall Director reports to the Coordinator of Residence Life. The Residence Hall Staffs Responsibilities The residence hall staff, under the supervision of the Coordinator of Residence Life and the day-to-day responsibility of the Hall Director, will assist in summer camp programs. The Hall Staff: 1. Cooperates with the Hall Director in the operation of the residence hall; 2. Assists with check-in and preparation of facilities for each camp; 3. Assists with checkout and inspection of rooms at the close of each camp ; P-7 Appendix 6 4. Performs desk responsibilities during assigned desk hours, gives information, checks guests in and out, issues keys, takes messages, and/or any other duties deemed necessary; 5. Serves as a referral/resource person to camp participants; 6. Assists in acquainting Camp Director with University policy, emergency procedures and facilities lay-out; 7. Maintains necessary reports and an accurate accounting of money, keys, maintenance requests, damages, etc.; 8. Is accessible in emergency situations; 9. Maintains duty hours as assigned by the Hall Director; 10. Attends staff meetings as assigned by the Hall Director; and, 11. Performs other duties as assigned by the Hall Director. Residence Hall Rules and Regulations Agenda/Schedule. A copy of the agenda or schedule for each conference group must be left with the Hall Director to assist the residence hall staff in directing students' during their stay. Alcohol. Alcohol is not allowed in residence halls at any time. Cleaning Fee. Cleaning charges may result if the participant leaves the room in any condition that requires custodial personnel to be called in for extra cleaning or the removal of trash from the building. Controlled Substance. Unlawful use, manufacture, possession, or delivery of any controlled substance or dangerous drug is prohibited in residence halls. Damages. The camp will be charged for any damages to the residence hall or its furnishings. Attaching signs or posters to the doors or the walls with tape may result in damage charges. The University is not responsible for any damage to a camper's room as a result of theft, vandalism, or maintenance failure. The Housing Department encourages a representative from each group to conduct a walk through inspection of each room prior to the arrival of the camp. All pre-existing damages should be noted at that time. The Hall Director will be available to inspect each room with the Camp Director upon request. The Camp Director is responsible for removal of any writing on walls, mirrors or doors prior to departure. Housing damages and lost key charges are assessed after the group has left the residence hall, but remain the Camp Director's responsibility. Desk. The desk will be open from 10 a.m. until the Camp curfew (no later than midnight). Messages for camp participants received by desk attendants will be posted in a central location and not delivered to individual rooms. The Hall Director will unlock the front doors at the time requested by the camp director. The front door will be locked at midnight, or earlier if requested. Any one that is locked out of the building may use the emergency phone located next to the door to contact the University Police Department for admittance to the building. P-8 Appendix 6 Desk Deliveries. Deliveries of prepaid merchandise may be made to the residence hall desk while it is open. Desk assistants will notify participants of a delivery, but shall in no way be made accountable for such items. Occupants will be contacted for deliveries when payment is needed. Discipline and Supervision. It is the responsibility of the Camp Director or camp staff to administer discipline to participants who violate camp or University regulations. On occasions when camp personnel are not available, residence hall personnel will temporarily handle the situation. In cases of chronic or severe discipline problems, the residence hall director reserves the right to recommend that a camp participant be sent home. Violation of federal, state or municipal law will require the involvement of the University Police Department. All camps must provide on - site camper supervision throughout the duration of the camp. This includes overnight supervision within the residence hall. Emergency. In case of an emergency call 911 or University Police at (936) 468-2608. Entry-Authorized Entry Into Rooms. Entry into a residence hall does not normally constitute a search. University personnel and the camp staff may enter a room to remove a potential fire, safety, or health hazard; to perform maintenance; to correct situations intruding upon the comfort of others (a phone or alarm clock continuously ringing, loud radios, etc.); to retrieve items upon request of the participant's immediate family; and to retrieve the personal belongings of other individuals where there is no apparent dispute to ownership of the property. All other situations which would require entry into a room should be coordinated with the Hall Director who may consult with University Police. Evacuation Procedures. All persons are required to evacuate a building when an emergency alarm is activated. If an alarm sounds, each person must leave the room and proceed to the nearest clear exit. Stairwells must be used instead of elevators. If the camper is unable to exit the room, a towel, sheet, or similar item should be placed outside the window, so that emergency personnel will know that someone is in the room. Camp Directors may request that a fire drill be scheduled during the camp by contacting the Hall Director prior to arrival. Facility Sharing. In order to be more energy efficient, two or more camps may be scheduled in the same facility. Firearms. Possession or use of weapons or explosives (such as pistols, rifles, shotguns, firecrackers, cherry bombs, or any weapons prohibited by laws of the state of Texas) in University-owned-or-controlled buildings is prohibited. Fire Safety. No incense or candles may be burned in residence halls. If an extinguisher is maliciously discharged, a fee for refilling the extinguisher and for clean-up will be assessed. Transmission of a false alarm is a violation of state law and violators will be prosecuted. P-9 Appendix 6 Gambling. Gambling in any form is prohibited. Games. Because of potential physical harm or residence hall damage, active games such as running and the use of frisbees, footballs, ice or water fights etc., are not allowed within residence halls. It is the responsibility of the camp to store the equipment for the camp such as basketballs, etc. Guests With Disabilities. Conference Camp guests that need any special accommodations should contact SFA's Camp Coordinator prior to arrival. Housekeeping. Housekeeping staff are on duty Monday through Friday. Common areas of the residence halls and community bathrooms are cleaned daily. Cleaning of individual rooms and trash in individual rooms is the responsibility of the camper. Any housekeeping concerns should be reported to the front desk. Keys. Keys are issued according to the Camp Director's request and University Policy at the time of check-in. Keys must be turned in to residence hall staff at checkout. A replacement fee will be assessed for each key that is not returned at the end of the camp session. This charge covers the cost to change the lock and make a new set of keys. Camp officials will not be issued master or front door keys to any building. In the event a camper is locked out of a room, Camp Staff will be asked to confirm the identity and room assignment of the camper before a new key is issued. Each Camp Director will develop the camp procedure for lockouts. Laundry Facilities. Coinless washing machines and dryers are located in each residence hall. Lost and Found. Lost and found items should be turned in to the front desk. At the end of each camp, the Camp Director may pick up any lost and found items. Anything left over from the camp will be turned in to the University Student Center Information Desk on campus. SFA cannot will not be responsible for lost or stolen items. Maintenance. Any maintenance problems should be reported to the Hall Director or desk personnel. Abuse of elevators, televisions, laundry machines or ice equipment or other excessive maintenance charges may be billed to the camp. Medication. The residence hall staff will not dispense any type of medication to a camper. Contact the SFA health clinic at (936) 468-4008 if a camper will need assistance with medication during the camp session. Movies. No movies may be shown in the residence hall lobbies due to licensing law restrictions. Pets. No pets are allowed within the residence halls. P-10 Appendix 6 Public Areas. Eating, drinking and smoking are not permitted in the lobbies, hallways, laundry rooms, community baths or other public areas. Pizza parties etc., should be held outside or the food distributed and the campers dispersed to their rooms. Roommates. The Camp Director will handle all roommate problems. If a room change is necessary, consult the Hall Director. Smoking. No smoking is allowed in the residence halls or on the front porches during camps. Storage. Rooms used for reasons other than living space will be charged the private room rate, (i.e. storage, offices or conference rooms). Telephones. The University does not furnish telephones for individual residence hall rooms. Camp staff members are encouraged to bring telephones. Local telephone service is provided in each room. Dial 9 for an outside line. In order to place a long distance phone call, a telephone calling/credit card must be used. Incoming collect calls may not be accepted. The phone number is printed on the telephone jack. Trash Policy. The SFA Housing Department is responsible for the overall cleaning of the residence halls, but it is the Camp Director's responsibility to make sure campers1 posters, trash and other items are removed from the rooms and taken to the dumpsters located outside of each building. The Housing Department will furnish each camper with a plastic trash bag when they check into the building and large bags at the end of each camp to gather all of the smaller bags for removal from the building. Vending. Vending machines are provided for the convenience and enjoyment of the camp participants. Empty or malfiinctioning machines should be reported to the front desk as soon as possible. Camp participants who lose money in the machines should report to the the U.C. Business OfficeStudent Center Information Desk, located in the basement of the University Center, for a refund. Windows. Windows in residence halls must be closed at all times for air conditioning systems to function properly. Window screens may not be removed by residents. Dining Service Meal and Hall Access tickets to be used by camps will be enclosed in the camp packet according to the estimated number stated on the reservation form at a price per card. As a general rule, 10% extra meal tickets will be included to handle lost and damaged cards at no charge. Meal cards are numbered for use in assignment. If a card is lost, the Coordinator's office- may be notified immediately and SFA Dining Services will be alerted to watch for the lost card. SFA Dining Services will charge the group for actual meals eaten. There will be a charge for failure to notify reservations if the group misses a meal. The count will be taken at the cafeteria register and that count will be considered final, should a dispute arise. P-ll Appendix 6 To facilitate quick access to the cafeteria when several large groups are on campus simultaneously, meal times- should be staggered. From the information provided on the reservation form, Food Services will be notified of the first and last scheduled meals to be eaten in the cafeteria and whether or not the group will be missing a meal. If the group misses a meal and the Coordinator was not notified, a 75% minimum charge will be assessed. Special banquets in the University Student Center can be arranged through the Coordinator's office according to University Student Center policies. SFA Dining Services will charge the camp for all meals scheduled according to the Camp/Conference Reservation Contract based on the actual number of attendees at the camp. Campus ¥H*E-Recreational Facilities and Programs PHYSICAL ACTIVITY FACILITIES Primary physical activity facilities are the Shelton Gym, Norton Health and Physical Education Complex (HPE), the outdoor swimming pool, tennis courts, and intramural fields and sand volleyball courts. Facility ^Requests for the use of campus recreational facilities and programs will be made in writing by the Camp Director on the Camp/Conference Reservation Contract. All physical activity facilities and programs for camps will be scheduled around academic classes (to be set in March), maintenance, intramural campus recreation programs and field conditions. 1 .Shelton Gym basketball or general use. One regulation size basketball court or two smaller basketball courts with P.A. system and bleachers for approximately one thousand. Can be booked for sports camps and cheerleading camps during the day, 8am 7 pm. Can be booked for recreational camp use from 7pm—10pm. Camps will be allowed one gym only. 1 .Norton HPE Complex—five basketball courts with no seating or PA system. Can be booked for sports camps and cheerleading camps from 8am—7pm and for recreational use from 7pm—10pm. Camps will be allowed one gym only. 2.Outdoor Swimming Pool—capacity of 150 swimmers, can be booked from 7pm 10pm for camp use with a two hour minimum. 3 .Tennis Courts—twelve courts available for camps/conferences, can be reserved from 8am—10pm. No equipment will be furnished by the University. 4.Intramural fields—located on Wilson Drive, usually set up for softball during the summer months. Can be requested from 8am—10pm. The fields will not be confirmed until two weeks prior to the camp. 5.Sand volleyball Courts—four courts. Can be reserved from 8am—10pm. University Center Games Area The Games area located in the University Center basement will be available to campers during regular SFA hours. Special permission for use at other times may be granted by the Director of Auxiliary Services. Group reservations should be made on the camp reservation form. Cost for games and machines are posted in the Games area. A late charge may be assessed for groups staying after hours. P-12 Appendix 6 University Student Center Meeting Rooms Rooms in the University Student Center are made available to summer camps on a first-come, first-serve basis following established University Student Center policies. Only food purchased through the University is to be served in the University Student Center meeting rooms. Arrangements for room set-up and food orders for banquets or meetings must be made in the Coordinator's office two weeks prior to the event. Failure to notify the Coordinator of a cancellation approximately 72 hours in advance of the scheduled activity will result in payment of the cost incurred by the University Student Center or Food Service personnel. University Student Center decorating restrictions will be strictly enforced. The Nibbler's Nook and the lounge areas are non-reservable areas during regular operating hours. Lounges are primarily intended for general use by the public. Due to limited space in the University Student Center, rooms in the U.C. will not be available for storage before the camp dates. Boxes shipped before the group's arrival to the campus must be held by the sponsoring department. Academic Buildings for Meeting Rooms The Coordinator will be available to assist Camp Directors in reserving meeting spaces in academic buildings and auditoriums following policy guidelines for each building. For assistance, the Camp Director should specify dates, hours, and group size on the reservation form. Coliseum Reservations for use of the coliseum will be arranged by the Coordinator following the University regulations for coliseum usage. A per-event fee may be charged. University Police/Parking Parking permits will be available through the Coordinator's office for campers bringing cars and buses to the SFA campus. Parking permits are to be displayed in the car window while on campus and disposed of after the camp is completed. If a group of parking spaces is needed, the Coordinator will arrange with the University Police Department for an area to be marked off for the camp. Source of Authority: Board of Regents, President, Vice President for University Affairs Cross Reference: None Contact for Revision: Director of the Auxiliary ServicesStudent Center Forms: Medical Release and Consent Form (available in Auxiliary ServicesStudent Center Administration); Camp/Conference Reservation Contract (available in Auxiliary ServicesStudent Center Administration); Camp Director's Check List Form (available in Auxiliary ServicesStudent Center Administration) P-13 Appendix 6 Campus Facilities for Political Purposes • B-5 Original Implementation: April 27, 1970 Last Revision: April 18, lOOOOctober 19, 2006 While the use of the facilities of the University for partisan political assemblies and meetings is not normally encouraged, the faculty and administration, as members of a learned and honorable profession, may properly exercise their acknowledged individual rights and obligations of citizenship free of University discipline or censorship. Individual political candidates and their election organizations are not permitted to reserve a University facility for campaign activities. However, if a candidate is invited by a University group, then he/she may appear in the facility, provided that the group extending the invitation is responsible for reserving the facility and meeting the costs related to the event. No member of the Board of Regents shall undertake to influence the political opinions of personnel subject to the Board's jurisdiction, but such personnel are requested to exercise their individual rights or citizenship or academic freedom in a responsible manner reasonably calculated not to identify or associate with the University. A University employee may not use his/her official authority or influence to coerce the political action of a person or body. Source of Authority: Board of Regents Rules and Regulations, Texas Government Code § 556.004 Cross Reference: None Contact for Revision: President Forms: None P-14 Appendix 6 Property Transfer and Disposal B-24 Original Implementation: January 1, 1985 Last Revision: February 4, 2004 Surplus or salvage property is not to be disposed of in any manner other than those described herein. Disposition of property acquired through Federal or State grants and contracts must respect the terms of the grant or contract under which it was acquired. Surplus Property is defined as any personal property that is in excess of the needs of the department and which is not required for its foreseeable need. Surplus property may be new or used but must have additional useful life. Salvage Property is defined as any personal property which through use, time or accident is so depleted, worn out, damaged, consumed, or outdated that it is obsolete and/or can no longer serve the purpose for which it was originally intended. TRADE IN OF EQUIPMENT Before declaring property surplus or salvage a department may consider trading in the property on new property of the same general type when such exchanges are in the best interest of the University. Trade ins must be included in vendor negotiations from the beginning; not added after completion of a contract. The requisition must include the following information about each piece of equipment to be traded in: description, inventory number, approximate age and condition; i.e., poor, good, working, not working, etc. It is the department's responsibility to remove and return the inventory number plate to the Property Manager. Trade ins are offered "where is, as is, at the State's option" during the bid process. The final decision to trade is made after the bids have been received and an evaluation has been performed by Purchasing and the department. The evaluation must consider 1) the value to the University if the equipment can be utilized in another area for the same or other suitable purposes; 2) the value of the equipment if offered in a public sale. PROPERTY TRANSFERS BETWEEN DEPARTMENTS Property may be transferred from one department to another by the use of the Property Transfer Form (PTF). The form is to be signed by the department head transferring the equipment and by the department head receiving the equipment/After completion, all copies of the form are to be forwarded to the Property Manager. Section I is to be completed by the department transferring the equipment. The form and the physical property are to be forwarded to the department accepting responsibility for the equipment. P-15 Appendix 6 Section II is to bo completed by the department receiving the equipment. Onco the department head accepting the equipment signs the form, he/she is accepting responsibility for tho care and control of the equipment. Tho completed form is to bo forwarded to the Property Manager. After the transfer is recordod a copy of the PTF will be returned to tho department head accepting responsibility for the equipment. Microcomputers transferred between departments for re use as a microcomputer, whether for connecting to the internet or not, should be confirmed by the ITS Technical Support Group or the department's designated technical representative to insure it moots minimum standards for reliability, performance and compatibility with current versions of software. TRANSFERS TO SURPLUS When equipment is determined to be surplus or salvage and will not be transferred between departments, the department must contact the Property Manager. At the Property Manager's direction the department should complete Section I of the Property Transfer Form (PTF) for a transfer to Surplus. The PTF and equipment are to be delivered to the surplus storage area. The Property Manager may direct the department to provide documentation other than the PTF depending on the disposal action taken. Surplus or salvage property is not to be delivered to the surplus storage aroa or otherwise disposed of without first contacting the Property Manager. Once an item is declared surplus or salvage, the Property Manager will determine which disposal option best meets the needs of the University. Options for disposal will bo considered in the order listed below: 1. re use on campus through transfer to another department 2. cannibalization for part 3. sell or donate to another state agency 4. posting on the Coordinating Board web site for purchase by or donation to a public school or school district (instructional materials only, including data processing equipment) 5. donation only to a political subdivision, school district, volunteer fire department or assistance organization classified under 501C 6. all remaining data processing equipment will be transferred to the Texas Department of Criminal Justice 7. all remaining items will be advertised for public sale 8. donation to a private non profit entity P-16 Appendix 6 9. discarded TRANSFERS FROM SURPLUS Equipment declared surplus or salvage is available, without cost, for transfer to those departments in need of such equipment. Availability is on a first come, first servo basis after screening for the proposed purpose. Inspection of the equipment may be arranged by contacting the Property Manager. Microcomputers transferred from Surplus to departments for ro use as a microcomputer, whether for connecting to the internet or not, should be confirmed by tho ITS Technical Support Group or the department's designated technical representative to insure it moots minimum standards for reliability, performance and compatibility with current versions of software. POSTING INSTRUCTIONAL MATERIALS TO THE COORDINATING BOARD WEB SITE All surplus items determined to be "materials or equipment that can bo usod for instructional purposes" will be posted to the Coordinating Board web site for direct transfer to a public school or school district. Posting may be for consideration or for no consideration as determined by the Property Manager. Disposal options 5 9 can not be considered until "materials or equipment that can be usod for instructional purposes" has been posted to the Coordinating Board web site. Postings will be made for a minimum one (1) week. All items posted for ono week but not transferred to a public school or school district will be disposed of following disposal options 5 9. If more than one public school or school district seeks to acquire tho same property on substantially the same terms, the Property Manager shall give preference to a public school that is considered low performing by the commissioner of education or to a school district that has a taxable wealth per student that entitles the district to an allotment of state funds undor Subchapter F, Chapter 12, Education Codo. TRANSFER OF DATA PROCESSING EQUIPMENT TO THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE Computer equipment meeting the definition of "materials or equipment that can be usod for instructional purposes" will first be posted to tho Coordinating Board wob site following established rules. Any data processing equipment not posted and any data processing equipment not transferred to a school district shall be transferred to tho Texas Department of Criminal Justice following established rulos. P-17 Appendix 6 Data processing equipment means information technology equipment designed for the automated storage, manipulation, and retrieval of data by electronic or mechanical means. The term includes central processing units, front end processing units, mini processors, microprocessors, and related peripheral equipment such as data storage devices, document scanners, data entry equipment, terminal controllers, data terminal equipment, computer based word processing systems other than memory typewriters, and equipment and systems for computer networks. Data processing equipment will not be disposed of in any manner other than Disposal Options 1 6 described herein. PUBLIC SALE OF EQUIPMENT The Property manager shall determine prices and conduct a public sale on a regular basis. The Director of Purchasing and Inventory will review all items and sale prices prior to each sale. All sales will be advertised with time for all interested parties to view the items prior to the sale day. The Property Manager shall determine a method of access to the property on sale day which is fair and equitable to all interested parties and which prevents unnecessary traffic on campus by non University personnel prior to the sale. The Property Manager is not eligible to purchase any item for which he/she has established pricing. No special privileges will be given to any employee or non employee wishing to purchase surplus items. Proceeds from each sale of surplus property are credited, in the year of the sale, to a revenue category (E&G Surplus Sales or non E&G Surplus Sales) corresponding to the fund from which the original purchase was made. Source of Authority: Texas Government code, Title 10, Subtitle D, Chapter 2175; Texas Government Code, Title 10, Subtitle B, Section 2054.003(3)(A); President; Vice President for Business Affairs Cross Reference: Property Inventory and Management Policy C M Contact for Revision: Director of Purchasing and Inventory Forms: Property Transfer Form (available in Purchasing and Inventory) P-18 Appendix 6 Property Liability B-34 Original Implementation: April 22, 2003 Last Revision: February 1, 2004October 19, 2006 Any University employee entrusted with state property may be held financially liable for lestrdamaged, destroyed, lost, or aad-stolen property as outlined in Texas Government Code 403.275. All University employees will be provided a copy of this policy at new employee orientation, written document for acknowledgement that he/she will from time to timo bo entrusted with the proper maintenance and safekeeping of Stato and University property. The Property Liability Acknowledgement form will also declare the employee's understanding that he/she will be held financially responsible for any property determined to be missing or stolen due to employee negligence. Department Head "Property Managers " will be required to sign a Change In Department Head Certification of Property Inventory accepting responsibility for all department property within 30 days of assuming their duties. The Department Head is responsible for identifying Responsible Parties who have been entrusted with the care and safekeeping of specific pieces of property. Employees taking equipment off campus will be required to complete a Removal of Property from Campus form. These forms will include the following statement: "I understand that lam under financial liability for loss or damage to this (these) item(s) if the loss or damage results from my negligence, intentional act, or failure to exercise reasonable care to safeguard, maintain, and service it (them). " A person is financially accountable for any property loss sustained by the state if: (1) agency property disappears^ as a result of the failure of the head of an agency, property manager, or agency employee entrusted with the property to exercise reasonable care for its safekeeping; (2) agency property deteriorates as a result of the failure of the head of an agency, property manager, or agency employees entrusted with the property to exercise reasonable care to maintain and service the property; or (3) agency property is damaged or destroyed as a result of an intentional wrongful act or of a negligent act of any state official or employee. If the head of the state agency or property manager has reasonable cause to believe that any property in the agency's possession has been lost, destroyed, or damaged through the negligence of any state official or employee, the head of the agency or property manager shall report the loss, destruction, or damage to the comptroller and the attorney general P-19 Appendix 6 not later than the date established by the comptroller. If the head of the state agency or property manager has reasonable cause to believe that any property in the agency's possession has been stolen, the head of the agency or property manager shall report the theft to the comptroller, the attorney general, and the appropriate law enforcement agency not later than the date established by the comptroller. The attorney general may investigate any report received. If an investigation by the attorney general reveals that a property loss has been sustained through the negligence of a state official or employee, the attorney general shall make written demand on the official or employee for reimbursement of the loss. If the demand made by the attorney general is refused or disregarded, the attorney general may take legal action to recover the value of the property as the attorney general deems necessary. Venue for all suits instituted under this section against a state official or employee is in a court of appropriate jurisdiction of Travis County. Source of Authority: Texas Government Code Ann. Sec. 403.271 (a) through 403.278; 2203.004; President; Vice President for Finance and AdministrationBusiness Affairs Cross Reference: Property Transfer and Disposal, Policy B 21; Property Inventory and Management, Policy C-42 Contact for Revision: Director of Purchasing and Inventory Forms: Property Liability Acknowledgement Form P-20 Appendix 6 Food Services C-13.5 Original Implementation: January 20, 1998 Last Revision: October 23, 2003October 19, 2006 The University is committed to providing students the opportunity to participate in the selection and evaluation of the food service contractorprovider. Students are encouraged to participate by attending regularly scheduled meetings of the Food Service Advisory Committee. The Advisory Committee provides the Director of Auxiliary Servicesthe Student Center and food service contractor provider with immediate feedback on issues and concerns of the students. During the last year of each contract term, the University will ask the Food Sendee Advisory Committee to participate in the formal evaluation of the food service program. Should the University decide to retain the contractor, the Advisory Committee will assist the Director of Auxiliary Servicesf/?c? Student Center in tho preparation of the terms and conditions of the new contract. Should the decision be made to re bid the contract, an ad hoc committee will be convened. The committee will be appointed by the Vice President for University Affairs and will include members of the Advisory Committee, the faculty and administration. Source of Authority: Section 51.940, Texas Education Code; Board of Regents; President; Vice President for University Affairs Cross Reference: Stephen F. Austin State University Web YagoNone Contact for Revision: Director of Auxiliary Services//?e Student Center Forms: None P-21 Appendix 6 Gift Reporting C-15 Original Implementation: July 18, 1981 Last Revision: April 20, \999October 19, 2006 The following procedural steps should be used when depositing private funds. 1. All gifts payable to the University and its departments should be immediately delivered to the Bursar's Office for deposit and must be delivered in a university approved locked bag. 2. Information relevant to any gifts received in the form of cash, checks, money orders, or other forms of negotiable instruments will be forwarded to the Office of Development from the Bursar's Office for purposes of updating donor records and official acknowledgment and receipt of gift. Department receiving gift should complete the "Gift Transmittal" form, attach any original documentation which accompanied the gift, and submit them when depositing the gift at the Bursar's Office. The Bursar's Office will forward the "Gift Transmittal" form and any original documentation included with gift to the Office of Development for gift processing within 24 hours of the deposit. Furthermore, the Bursar's Office will stamp each "Gift Transmittal" form with the date of deposit and initials verifying the gift has been properly recorded and deposited by the university. 3. Deposit of all negotiable instruments must be completed within 24 hours of receipt of the gift and must be accompanied by the "Gift Transmittal" form. Any exceptions must have approval by the Vice President for University Advancement. All exceptions approved by the Vice President for University Advancement must be reported to the President within 48 hours. 4. In-kind gifts, contributions other than cash, check or other readily negotiable security, retained in a department, program, activity center, or other University facility, should be reported by completing the "Gift-in-kind Report" form and forwarding it directly to the Office of Development. A comprehensive description of the gift, background information concerning the origin of the gift, value at the time of contribution and any correspondence or wishes of the donor, along with a photograph whenever possible, should be included with the completed form. For those in-kind gifts valued at more than $5,000, a written qualified appraisal must be submitted, which has been signed and dated by a qualified appraiser. 5. All gifts, negotiable and in-kind, will be acknowledged officially on behalf of the university by the Office of Development, and may also be acknowledged by the recipient and/or the President. Departments should not generate receipts for gifts unless approved by the Vice President for University Advancement so that duplicate receipts are not produced. P-22 Appendix 6 6. Gifts received by the University and made payable to the Stephen F. Austin State University Foundation, Inc. should be forwarded to the Office of Development for transfer and deposit to the Foundation. 7. If a university solicited gift is received in the form of credit card, the cost incurred to process the gift will be assessed from the total amount of gift and the remaining portion of gift will be deposited into the appropriate account. 8. All eligible matching gift requests will be processed by the Office of Development upon recording the original gift of the donor. If any matching gifts are ineligible to be matched, the matching gift form will be rejected and forwarded to the department submitting the request. Source of Authority: President, Vice President for University Advancement Cross Reference: None Contact for Revision: Vice President for University Advancement Forms: Gift Transmittal form, Gift-in-kind Report form (available in Office of Development) P-23 Appendix 6 Gifts, Loans, Endowments, and Bequests C-16 Original Implementation: July 18, 1981 Last Revision: April 20, \999October 19, 2006 Authority to accept gifts, loans, endowments and bequests made to Stephen F. Austin State University is vested in the President of the University by the Board of Regents. Gifts, loans, endowments and bequests to any entity of the University should be reported through normal administrative channels. The President of the University has been authorized to accept gifts under the following conditions: 1. A gift, loan, endowment or bequest which may require commitment of funds, personnel, space or other resources shall be approved by the President prior to any commitment of action on behalf of the University. 2. The University is authorized, with prior approval of the President and ratification by the Board of Regents, to accept gifts or devises of real property for the establishment of scholarships, professorships and other trusts for educational purposes provided such property will not require appropriations by the Legislature for operation, maintenance, repair or construction of buildings. 3. Privacy of donor identity may be granted by the University with the exceptions noted by the Open Records Act or the Internal Revenue Service when public recognition is not desired by the donor. The terms under which any loan, endowment or bequest is offered and accepted shall be provided in a written agreement between the donor and the University. The General Counsel of the University shall review any bequests made to the University prior to acceptance by the President. All original deeds of trust, wills, endowments, original records, etc., should be forwarded to the Vice President for University Advancement for safekeeping. The Vice President for University Advancement is the primary source of contact with people in the private sector for purposes of soliciting private funds. No individual or company may be solicited for any gift, loan, endowment, or bequest by any member of the faculty or staff of the University until that individual has presented the Vice President for University Advancement with a copy of the proposal or request for funds. Research grants or performance contracts which are privately funded are administered through the Office of Research Services, and are not under the provisions of this policy. P-24 Appendix 6 Acknowledgment of Gifts In order to insure accurate recording of all private support for the institution and to properly acknowledge private donors' gifts, the Vice President for University Advancement will coordinate the acknowledgment of gifts. Use of Gifts, Loans, Endowments and Bequests Gifts, loans, endowments and bequests made to Stephen F. Austin State University shall be used for the purpose designated by the donor. If a purpose is not specified by the donor, and the amount of the gift is $50,000 or more, utilization shall be as directed by the Board of Regents after consideration of recommendations by the President and the Vice President for University Advancement. If a purpose is not designated, and the amount of the gift is less than $50,000, utilization shall be as directed and approved by the President of the University. Gifts received by the University and made payable to the Stephen F. Austin State University Foundation, Incorporated, should be forwarded to the Office of Development for transfer and deposit to the Foundation. No gifts or bequests to the University may be transferred to the Stephen F. Austin State University Foundation, Inc., the Stephen F. Austin State University Alumni Association, Inc., or the Stephen F. Austin Alumni Foundation, Inc. unless the transfer of funds is approved in writing by the donor and the University President. In such cases the recipient shall use the funds in accordance with instructions given by the donor and the University President. An account of all letters of written permission by donors and transfers of gifts and bequests shall be kept by the University and shall be reported to the State Auditor. Under the authority of the Board of Regents, the President of Stephen F. Austin State University is empowered to negotiate and execute the sale of marketable securities donated to the University when such sale is directed or allowed by the donor of said securities. The proceeds of such sale shall be promptly deposited into a University account, to be used as indicated by the donor, and the details of the sale shall be reported to the Board of Regents at its next regular meeting. All in-kind or real estate gifts would require specific approval by the Board of Regents for liquidation to a University cash account. Restrictions on the expenditure of gift funds generally reside within the following three criteria: 1. A gift must be expended in accordance with the donor's wishes. 2. The expenditure of the gift funds must be for the demonstrable good of the institution. 3. The expenditure must provide no private gain to either the donor or the person controlling the expenditure of the funds. P-25 Appendix 6 The use of gift funds must meet all three criteria collectively. Some specific examples of expenditures from unrestricted gifts that may be for the demonstrable good of the institution, without private gain for the individual expending the funds, are as follows: 1. awards that recognize or promote faculty development, excellence in teaching, academic achievement, athletic achievement, scholarship, or service; 2. costs related to the promotion of the communication of intellectual ideas among students, faculty, staff and administrators of the University; 3. support of student events and activities sponsored by the University; 4. the recruitment of highly qualified students, faculty and staff; 5. costs related to the promotion of the exchange of ideas with community leaders regarding the role of the University and its programs in the community; 6. costs related to the conduct of accrediting agency visits, visits by other officials from other institutions or representatives outside higher education; 7. costs related to the support of continuing education activities. Examples of expenditures which may not meet the criteria established are as follows: 1. any expenditure that violates the restriction placed on the gift by the donor; 2. the procurement of private property for the personal, unofficial use of any faculty or staff member; 3. donations or other payments to a political party; 4. any other expenditure expressly prohibited by state statute. Questions concerning an expenditure meeting these criteria should be referred to the Vice President for University Advancement. Real or personal property acquired through gifts, loans, endowments or bequests is subject to the same management requirements as other State property. Disposal of any property acquired through gifts, loans, endowments or bequests shall be handled in accordance with State law and applicable University policies and procedures. Property acquired through gifts, loans, endowment or bequest can not be disposed of, sold, or transferred without written permission from the Vice President for University Advancement and the President. Publicity The Vice President for University Advancement, in coordination with the faculty/staff contact person, the donor, and the Office of Public Affairs, is responsible for coordinating all publicity related to gifts. Matching Gifts Certain foundations and companies provide gifts to the University which match contributions made by their employees. For tax purposes, certification is required from the University that the gift of the employee has been received. P-26 Appendix 6 The matching gift forms, which certify receipt of the gift, require the signature of the Vice President for Business Affairs Finance and Administration or the Vice President for University Advancement or the President. Foundation Support The Office of Development has the responsibility of performing certain support functions for the Stephen F. Austin State University Foundation, Inc. This includes receiving, receipting, acknowledging, and reporting gifts received by the Foundation, as provided in the Agreement between Stephen F. Austin State University and the Stephen F. Austin State University Foundation, Inc. Library Unrestricted gifts of books and other library related materials to Stephen F. Austin State University, not to include equipment such as tape recorders, etc., will not require the usual approval process as authorized in this policy. Definitions: 1. Gift. A gift includes the gratuitous transfer of cash, cash equivalents such as securities and negotiable instruments, and real or personal property which generates income or may be sold for cash, for the purpose of enhancing the university and its programs, without expectation of specific benefit by the donor. 2. Loan. Real or personal property furnished for the temporary use of the University. 3. Endowment. An endowment is comprised of a gift, in which the donors have stipulated that the principal must be invested and only the income used to fund a project or need. The principal remains intact in perpetuity, thereby continuing to generate income to be used by the university. Endowment funds are classified into four different categories: a. Permanent Endowments. These endowments are sometimes referred to as "true" or "pure" endowments and are assets designated by the donor to be held in perpetuity. The assets of this category of endowments may never be spent and income derived must be expended in accordance with the written terms and conditions established by the donor and the university. b. Term Endowment. In this category of endowments, the donor has specified that following a particular date or event, the assets of the endowment may be expended in accordance with the terms and conditions as specified. Until the passage of the specific date or event, this type of endowment will operate in a manner similar to the permanent endowment with the income used in accordance with the written terms and conditions established by the donor and the university. c. Quasi-Endowments or Quasi-Funds. The Board of Regents may, with formal action, set aside certain institutional funds to be maintained as endowments. The P-27 Appendix 6 formal action by the Board of Regents will specify the use of the assets and income derived, and set other terms and conditions relating to the fund. The Board of Regents may, with formal action, change the terms and conditions of the endowment including cessation of the endowment and the return of the assets to the original source of funding, or change the use or purpose as may be appropriate and authorized by law. d. Funds Held in Trust by Others. Some donors may choose to make income from endowment-type funds available to the university, but will leave the possession of the assets in trust with a third party. In this case, the endowment is not recorded as an asset of the university. In accordance with the Generally Accepted Accounting Principles (GAAP), the existence of the trust must be disclosed in the notes to the university's financial statements. A minimum gift of $10,000 shall be required to establish any endowment. An endowment can be initiated with an amount less than the stated minimum with the understanding that all future gifts and all income must become part of the endowment to assist in bringing the endowment assets to the $10,000 level, and if after five years from the date of the original gift, the value of the assets has not reached $10,000, the endowment may cease and the existing assets of the fund shall be transferred to a separately established Restricted Fund and expended consistent with the terms and conditions of the original gift. Specific minimum endowment levels for academic positions are established as follows: $1,000,000 - Endowed Chair or equivalent title, depending upon the area; $250,000 - Endowed Distinguished Professorship or equivalent title, depending upon the area; and $100,000 - Endowed Professorship or equivalent title, depending upon the area. 4. Bequests. Money or other property conveyed by a legal declaration of an individual's intent as to the manner in which his/her property shall be disposed of after his/her death. 5. Philanthropic sources shall be defined as individuals, partnerships, foundations, and corporations. Source of Authority: Board of Regents, President Cross Reference: None Contact for Revision: Vice President for University Advancement Forms: None P-28 Appendix 6 Local Purchase Authorization C 20.A Original Implementation: September 1, 1993 Last Revision: February 3, 2005 Services, supplies and equipment available for immediate pick up from Naeogdoehes and Luflrin vendors in amounts not exceeding $500 may be purchased through the uso of a Local Purchase Authorization (LPA). LPA forms are uniquely numbered and arc issued by number series to departments. Authorized individuals will be required to como to the Purchasing Office to pick up the forms and sign for the number series issued to Account Managers hold ultimate responsibility for LPA expenditures. By completing a Local Purchase Authorization Approved Signature Form, they may designate one or moro individuals to issue LPAs on behalf of their account(s). The Account Manager or his/her designee is responsible for: 1.
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Rating | |
Title | Minutes of the Board of Regents of Stephen F. Austin State University. 2006, Volume No. 230 |
Subject |
Meetings Universities & colleges Stephen F. Austin State University |
Description | October 18 and 19, 2006, Volume No. 230 |
Date | 2006-10-18 |
Contributors | Ms. Valerie Ertz, Chair Mr. Richard Boyer Dr. Margarita de la Garza-Grahm Mr. Joe Max Green Mr. Kenneth James Mr. Paul Pond Mr. James Thompson Ms. Stephanie Tracy Mr. Melvin White Mr. Fred Wulf Dr. Baker Pattillo Ms. Debbie Baisden Mr. Steve Westbrook Dr. Marlin Young Ms. Yvette Clark |
Repository | East Texas Research Center |
Associated Dates | 2000-2009 |
Type | Publication |
Format | |
Rights | This item may be protected under Title 17 of the U.S. Copyright Law. It is available for non-commercial research and education. For permission to publish or reproduce, please contact the East Texas Research Center at asketrc@sfasu.edu |
Transcript | Stephen F. Austin State University Minutes of the Board of Regents Nacogdoches, Texas October 18 and 19,2006 Volume 230 BOARD MINUTES FOR OCTOBER 18 AND 19, 2006 VOLUME 230 Page Approval of Minutes Board Order 07-01 Approval of July 12, 2006 and July 13, 2006 Minutes 3 Personnel Board Order 07-02 Approval of Personnel Items Faculty Appointments for 2006-2007 3 Staff Appointments for 2006-2007 5 Changes of Status for 2006-2007 5 Retirements 9 Reclassifications ....9 Academic and Student Affairs Board Order 07-03 Approval of Academic Affairs Items Small-Size Class Lists for Summer II 2006 and Fall 2006 10 Financial Affairs Board Order 07-04 Approval of Financial Affairs Items Annual Audit Plan and Report 10 Internal Audit Charter 11 SFASU Foundation, Inc. Agreement 11 Resolution for General American Mutual Holding Company 11 Temporary Services Contract 11 Purchase over $50,000 - Jack Camp 11 Purchase over $50,000 - Yearbooks 11 Building and Grounds Board Order 07-05 Approval of Building and Grounds Items Remodeling of Administrative Offices 12 Fundraising Plan and Mitigation Agreement for Baseball/Softball Complex 12 Purchase of Property at 117 E. Starr Avenue 13 University Policies and Procedures Board Order 07-06 Adoption of Policy Revisions 13 Reports President Faculty Senate Student Government Association Audit Services Report Appendix Appendix 1 - Small-Size Class Lists for Summer II 2006 and Fall 2006 Appendix 2 - Internal Audit Charter Appendix 3 - Agreement between Stephen F. Austin State University Foundation, Inc. and Stephen F. Austin State University Appendix 4 - Resolution for General American Mutual Holding Company Appendix 5 - Agreement with Temple-Inland for Execution of Conservation Easement for Mitigation Appendix 6 - Policy Revisions B-4 Camp and Conference Reservations P-3 B-5 Campus Facilities for Political Purposes P-14 B-24 Property Transfer and Disposal P-15 B-34 Property Liability P-19 C-13.5 Food Services P-21 C-15 Gift Reporting P-22 C-16 Gifts, Loans, Endowments and Bequests P-24 C-20.A Local Purchase Authorization P-29 C-25 Private Solicitation P-32 C-3 9 Withdrawal without Financial Clearance P-33 C-41.A Investments: Endowment Funds P-35 C-42 Property Inventory Management P-47 D-6 Authority for Official Statements P-58 D-8 Authorization for University President to Suspend Faculty and Staff P-59 D-17 Health and Safety P-60 D-20.5 Items Requiring Board of Regents Approval P-63 D-25.5 Private Support Organizations or Donors P-67 D-30 Selection of the President P-69 D-3 0.1 Selection of Vice Presidents, Athletic Director and Head Coaches P-70 D-3 5 Displaying Serious Psychological Problems P-71 E-9 Salary Supplements, Stipends and Additional Compensation P-75 E-33.1 New Employee Orientation P-84 E-34 Organized Work Stoppage P-86 E-43.5 Risk Management P-87 E-47.1 Sick Leave Pool P-93 E-57 Performance Management Plan P-97 F-3 Bookstore Special Orders P-100 F-4 Bookstore Textbook Orders P-101 F-ll Express Mail P-102 F-12 Faculty and Staff Athletic Purchases P-103 F-15 Guest Speaker P-104 F-18 Mail Services P-106 F-21 Notary Public P-108 F-26 Student Employment Center P-110 F-30 Ticket Office Services P-115 F-31 Vending.... P-116 Stephen F. Austin State University Minutes of the Meeting of the Board of Regents Nacogdoches, Texas October 18 and 19,2006 Austin Building 307 Wednesday, October 18,2006 The meeting of the Board of Regents was called to order at 8:00 a.m., Wednesday, October 18, 2006, by Chair Valerie Ertz. PRESENT: Board Members: Ms. Valerie Ertz, Chair Mr. Richard Boyer Dr. Margarita de la Garza-Grahm Mr. Joe Max Green Mr. Kenneth James Mr. Paul Pond Mr. James Thompson Ms. Stephanie Tracy Mr. Melvin White Mr. Fred Wulf President: Dr. Baker Pattillo Vice-Presidents: Ms. Debbie Baisden Mr. Steve Westbrook Dr. Marlin Young General Counsel: Ms. Yvette Clark Other SFA administrators, staff, and visitors The chair welcomed the board members and guests to the meeting. She discussed the schedule for the two-day session of the board of regents and then recessed the meeting to allow the board committees to meet. The Building and Grounds Committee convened at 8:02 a.m. and adjourned at 9:10 a.m. The Finance Audit Committee convened at 9:17 a.m. and adjourned at 10:40 a.m. The Academic and Student Affairs Committee convened at 10:55 a.m. and adjourned at 12:40 p.m. Following a lunch recess and attendance of the board members at an open house for the Counseling and Career Services office, the Marketing Committee convened at 2:20 p. m. and adjourned at 2:32 p. m. The chair reconvened the board meeting at 2:35 p.m. and called for an executive session to consider the following items: LEGAL ADVICE AND REPORT ON PENDING LITIGATION Consultation with Attorney Regarding Legal Advice or Pending and/or Contemplated Litigation or Settlement Offers, including but not limited to, Flynn vs. SFASU, legal -1- advice regarding patent matters, university name use and possible involvement in community projects. (Texas Government Code, Section 551.071) REAL ESTATE Deliberations Regarding the Purchase, Exchange, Lease, Sale or Value of Real Property (Texas Government Code, Section 551.072) GIFTS AND DONATIONS Deliberations Regarding Negotiated Contracts for Prospective Gifts or Donations (Texas Government Code, Section 551.073) PERSONNEL MATTERS REGARDING SPECIFIC UNIVERSITY EMPLOYEES Consideration of Individual Personnel Matters Relating to Appointment, Employment, Evaluation, Assignment, Duties, Discipline, or Dismissal of an Officer or Employee, including but not limited to, the president, the vice presidents, and the chief information officer (Texas Government Code, Section 551.074) The board reconvened in open session at 6:00 p.m. and recessed with no action taken. Thursday, October 19, 2006 Chair Ertz reconvened the meeting on Thursday, October 19, 2006, at 9:02 a.m. in room 307 of the Austin Building. PRESENT: Board Members: Ms. Valerie Ertz, Chair Mr. Richard Boyer Dr. Margarita de la Garza-Grahm Mr. Joe Max Green Mr. Kenneth James Mr. Paul Pond Mr. James Thompson Ms. Stephanie Tracy Mr. Melvin White Mr. Fred Wulf President: Dr. Baker Pattillo Vice-Presidents: Ms. Debbie Baisden Mr. Steve Westbrook Dr. Marlin Young General Counsel: Ms. Yvette Clark Other SFA administrators, staff, and visitors Dr. Pattillo introduced Dr. John Goodall and Dr. C. W. Bahs, who introduced visiting theatre students from Rose Bruford College in Sidcup, Kent, England. -2- Mr. Steve Westbrook introduced Charles Hueber, who presented senior counseling staff from Jack Camp. APPROVAL OF MINUTES Board Order 07-01 A correction to the July 12, 2006, minutes was noted. Upon motion by Regent Wulf, seconded by Regent Green, with all members voting aye, it was ordered that the minutes of the July 12, 2006, and the July 13, 2006, meetings be approved, as amended. PERSONNEL Board Order 07-02 Upon motion by Regent Green, seconded by Regent Wulf, with all members voting aye, it was ordered that the following personnel items be approved: FACULTY APPOINTMENTS FOR 2006 - 2007 Business Dale Spradling, Visiting Professor of Accounting, Ph.D. (University of Houston) at a salary of $84,204 for 100 percent time for nine months, effective August 22, 2006. Education Linda Black, Instructor of Secondary Education and Educational Leadership, M.A. (Southwest Texas State University) at a salary of $46,000 for 100 percent time for nine months, effective August 22, 2006, contingent upon completion of doctorate by May 30, 2007. Tracev Covington Hasbun, Instructor of Elementary Education, M.A. (Stephen F. Austin State University) at a salary of $41,000 for 100 percent time for nine months, effective August 22, 2006, contingent upon completion of doctorate by August 31, 2012. Stephanie Jevas, Assistant Professor of Kinesiology and Health Science, Ph.D. (University of Houston) at a salary of $52,000 for 100 percent time for nine months, effective August 22, 2006. Alan Larson, Instructor of Human Services, M.A. (Western Washington University) at a salary of $46,000 for 100 percent time for nine months, effective August 22, 2006, contingent upon completion of doctorate by August 31, 2007. Ralph Lester Marshall Assistant Professor of Secondary Education and Educational Leadership, Ed.D. (Illinois State University) at a salary of $51,500 for 100 percent time for nine months, effective August 22, 2006. -3- Mark Seaman, Instructor of Secondary Education, M.A. (University of Houston) at a salary of $46,000 for 100 percent time for nine months, effective August 22, 2006, contingent upon completion of doctorate by December 31, 2006. Le'Ann Solmonson, Assistant Professor of Human Services, Ph.D. (Sam Houston State University) at a salary of $50,000 for 100 percent time for nine months, effective August 22, 2006. Janet Tareilo, Assistant Professor of Secondary Education and Educational Leadership, Ed.D. (Sam Houston State University) at a salary of $47,500 for 100 percent time for nine months, effective August 22, 2006. Fine Arts Marsha Blount Lecturer of Art Education, M.A. (Stephen F. Austin State University) at a salary of $40,000 for 100 percent time for nine months, effective August 22, 2006. Forestry and Agriculture Michael Maurer, Assistant Professor of Agriculture, Ph.D. (University of Florida) at a salary of $56,833 for 100 percent time for nine months, effective August 22, 2006. Liberal And Applied Arts Emmerentie Oliphant Associate Professor of Social Work, Ph.D. (Rand Afrikaans University, South Africa) at a salary of $51,000 for 100 percent time for nine months, effective August 28, 2006. Steven Short, Visiting Assistant Professor of History, Ph.D. (Texas Tech University) at a salary of $38,000 for 100 percent time for nine months, effective August 22, 2006. Sciences and Mathematics Roberta ConnelL Clinical Instructor of Nursing, M.S.N. (University of Rhode Island), at a salary of $54,000 for 100 percent time for nine months, effective August 22, 2006. Danielle R. Johnson, Lecturer of Mathematics and Statistics, M.A. (Stephen F. Austin State University), at a salary of $33,750 for 100 percent time for nine months, effective August 22, 2006. Antonio Mondragon, Visiting Instructor of Physics and Astronomy, M.S. (Texas A&M University), at a salary of $42,750 for 100 percent time for nine months, effective August 22, 2006, contingent upon completion of doctorate by December 31, 2006. -4- STAFF APPOINTMENTS FOR 2006 - 2007 Admissions Janet Lynn McLeroy, Admission Counselor, at a salary of $28,000 for 100 percent time for 12 months, effective September 1, 2006. Athletics Christopher Ryan Dane, Athletic Trainer, at a salary of $34,586 for 100 percent time for 12 months, effective September 1, 2006. Trey D. Schroeder. Head Coach-Golf, at a salary of $30,000 for 100 percent time for 10.5 months, effective July 17, 2006. Christopher T. Watford, Assistant Coach-Softball, at a salary of $27,200 for 100 percent time for 10.5 months, effective July 17, 2006. College of Education Christi L. Coleman, Certificate Officer/PBIC Coordinator, at a salary of $44,100 for 100 percent time for 12 months, effective June 1, 2006. Krista K. Guerrero, Assistant Coordinator of ATC Grant Program, at a salary of $36,500 for 100 percent time for 12 months, effective August 21, 2006. Physical Plant Harold E. Hall, Jr., Assistant Director of Physical Plant, at a salary of $72,000 for 100 percent time for 12 months, effective August 1, 2006. Campus Recreation Michael Maningas, Coordinator of Outdoor Pursuits, at a salary of $38,000 for 100 percent time for 12 months, effective September 5, 2006. University Advancement Earl Forney, Database Specialist, at a salary of $32,000 for 100 percent time for 12 months, effective July 31, 2006. CHANGES OF STATUS FOR 2006 - 2007 Academic Affairs Richard A. Berry, from Dean of Fine Arts, at a salary of $122,097 for 100 percent time for 12 months, to Associate Provost/Vice President for Academic Affairs, at -5- a salary of $128,097 for 100 percent time for 12 months, effective August 21, 2006. Marlin Young, from Associate Provost/Vice President for Academic Affairs, at a salary of $126,800 for 100 percent time for 12 months, to Provost/Vice President for Academic Affairs, at a salary of $145,000 for 100 percent time for 12 months, effective July 24, 2006. Athletics Brittany M. Burton, from Graduate Student in Wellness Center, at a salary of $7,500 for 50 percent time for 12 months, to Strength and Conditioning Assistant for Athletics, at a salary of $30,000 for 100 percent time for 12 months, effective September 1,2006. John Curta, from Intern/Coach for Athletics, at a salary of $5.15 per hour for 100 percent time for six weeks, to Assistant Coach for Men's Basketball, at a salary of $30,000 for 100 percent time for 10.5 months, effective September 1, 2006. Tennille R. O'Neal from Intern/Coach for Athletics, at a salary of $5.15 per hour for 100 percent time for nine months, to Assistant Coach for Women's Basketball, at a salary of $30,000 for 100 percent time for 10.5 months, effective September 1,2006. Lee Ann Rilev, from Head Coach for Women's Basketball, at a salary of $103,799 for 100 percent time for 12 months, to Head Coach for Women's Basketball, at a salary of $104,837 for 100 percent time for 12 months, effective September 1,2006. Adelaida L. Sanchez, from Intern at a salary of $7,500 for 50 percent time for nine months, to Athletics Media Relations Specialist, at a salary of $19,000 for 100 percent time for 12 months, effective September 1, 2006. Kathv J. Springfield, from Administrative Assistant for Athletics, at a salary of $26,573 for 100 percent time for 12 months, to Academic Services Assistant for Athletics, at a salary of $30,000 for 100 percent time for 12 months, effective September 1,2006. College of Education Nancy D. Parr, from Substitute Teacher of Early Childhood, at a salary of $2,658 for 100 percent time for Summer II, to Pre-Kindergarten II Teacher Early Childhood, at a salary of $31,900 for 100 percent time for 12 months, effective August 14, 2006. -6- College of Fine Arts John W. GoodalU from Professor of Music, at a salary of $57,198 for 100 percent time for nine months, to Interim Dean of Fine Arts, at a salary of $88,000 for 100 percent time for 12 months, effective September 1, 2006. College of Forestry and Agriculture Joey L. Bray, from Supervisor Broiler Research Center, at a salary of $32,566 for 100 percent time for 12 months, to Associate Director Poultry Research Center, at a salary of $48,000 for 100 percent time for 12 months, effective September 1, 2006. Lynn Clark, from Accounting Supervisor for Controller, at a salary of $28,142 for 100 percent time for 12 months, to Assistant to the Director of the Columbia Center, at a salary of $30,000 for 100 percent time for 12 months, effective September 16, 2006. College of Liberal and Applied Arts Mark D. Barringer, from Associate Professor of History, at a salary of $47,853 for 100 percent time for nine months, to Interim Associate Dean of College of Liberal and Applied Arts and Associate Professor of History, at a salary of $56,854 for 100 percent time for nine months, effective September 1, 2006. College of Sciences and Mathematics Beatrice A. Clack, from Director/Associate Professor of Biotechnology, at a salary of $70,155 for 100 percent time for 11 months, to Director of Development/Associate Professor of Biotechnology for College of Sciences and Mathematics, at a salary of $70,857 for 100 percent time for 11 months, effective September 1,2006. James K. Langford, from Assistant Professor of Biology, at a salary of $40,336 for 100 percent time for nine months, to Director of Pre-Professional Programs and Assistant Professor of Biology for 100 percent time at a salary of $40,784 for nine months, effective August 24, 2006. Finance and Administration Danny R. Gallant, from Director Financial Services, at a salary of $80,993 for 100 percent time for 12 months, to Associate Vice President of Budget and Finance at a salary of $87,000 for 100 percent time for 12 months, effective September 1, 2006. -7- Physical Plant Lee Brittain, from Assistant Director of Physical Plant, at a salary of $72,705 for 100 percent time for 12 months, to Director of Physical Plant at a salary of $82,000 for 100 percent time for 12 months, effective October 1, 2006. Michael B. Rustad, from Supervisor Building Maintenance of Physical Plant, at a salary of $59,700 for 100 percent time for 12 months, to Supervisor Building Trades/Renovation at a salary of $62,297 for 100 percent time for 12 months, effective September 1, 2006. Ronald E. Watson, from Manager Custodial Services of Physical Plant, at a salary of $53,733 for 100 percent time for 12 months, to Assistant to Director of Physical Plant at a salary of $57,270 at 100 percent time for 12 months, effective September 1,2006. Public Affairs Shirley Luna, from Assistant Director of Public Affairs, at a salary of $39,973 for 100 percent time for 12 months, to Associate Director of Media Relations at a salary of $48,973 for 100 percent time for 12 months, effective September 1, 2006. Donna Parish, from Editorial Coordinator, at a salary of $32,665 for 100 percent time for 12 months, to Assistant Director of Creative Services at a salary of $37,565 for 100 percent time for 12 months, effective September 1, 2006. President's Office Susan H. Williams, from Assistant to Vice President, at a salary of $38,600 for 100 percent time for 12 months, to Special Assistant to the President at a salary of $50,000 for 100 percent time for 12 months, effective July 13, 2006. University Advancement Jill Still, from Director of Development at a salary of $48,594 for 100 percent time for 12 months, to Director of Development at a salary of $50,994 for 100 percent time for 12 months, effective September 1, 2006. University Affairs Steven B. Westbrook, from Executive Director for Student Affairs, at a salary of $87,329 for 100 percent time for 12 months, to Interim Vice President for University Affairs at a salary of $99,329 for 100 percent time for 12 months, effective August 14, 2006. -8- RETIREMENTS Mingteh Chang, Professor of Forestry, effective August 31, 2006. William D. HearelL Professor of English and Philosophy, effective August 11, 2006. John D. Rulfs, Director of Physical Plant, effective August 31, 2006. RECLASSIFICATIONS College of Education Lisa Stone, from Assistant to Dean College of Education, at a salary of $32,455 for 100 percent time for 12 months, to Coordinator of Advising Center for Education at a salary of $33,721 for 100 percent time for 12 months, effective September 1,2006. Controller Virginia Walker, from Supervisor Accounts Payable, at a salary of $31,482 for 100 percent time for 12 months, to Manager Accounts Payable at a salary of $36,800 for 100 percent time for 12 months, effective September 1, 2006. Counseling and Career Services Sheri Mullican from Assistant Director Career Services, at a salary of $47,515 for 100 percent time for 12 months, to Associate Director of Counseling and Career Services at a salary of $51,000 for 100% time for 12 months, effective September 1,2006. Environmental Health, Safety and Risk Management Donna TeeL from Assistant Safety Officer, at a salary of $39,642 for 100 percent time for 12 months, to Safety Officer at a salary of $42,000 for 100 percent time for 12 months, effective September 1, 2006. Financial Aid Rebecca Shepherd, from Coordinator of Scholarships, at a salary of $36,800 for 100 percent time for 12 months, to Assistant Director of Financial Aid at a salary of $40,000 for 100 percent time for 12 months, effective September 1, 2006. -9- Information Technology Services Shawn Hardy, from Programmer/Analyst I, at a salary of $31,549 for 100 percent time for 12 months, to Programmer/Analyst II at a salary of $35,000 for 100 percent time for 12 months, effective September 1, 2006. Instructional Technology Bryan Tarplev, from Instructional Systems Administrator, at a salary of $33,668 for 100 percent time for 12 months, to Systems Administrator for Office of Instructional Technology at a salary of $36,000 for 100 percent time for 12 months, effective September 1, 2006. Public Affairs Joseph Alford, from Publications Specialist, at a salary of $30,656 for 100 percent time for 12 months, to Publications Specialist at a salary of $32,000 for 100 percent time for 12 months, effective September 1, 2006. Student Affairs Operations Shelly Lackey, from Assistant to Director Auxiliary Services, at a salary of $53,162 for 100 percent time for 12 months, to Assistant Director Student Affairs Operations at a salary of $59,162 for 100 percent time for 12 months, effective September 1,2006. ACADEMIC AND STUDENT AFFAIRS Board Order 07-03 Upon motion by Regent James, seconded by Regent Boyer, with all members voting aye, it was ordered that the following academic affairs item be approved: SMALL-SIZE CLASS LISTS FOR SUMMER II 2006 AND FALL 2006 The Summer II2006 and Fall 2006 small-size class lists presented in Appendix 1 were approved. FINANCIAL AFFAIRS Board Order 07-04 Upon motion by Regent Thompson, seconded by Regent White, with all members voting aye, it was ordered that the following financial affairs items be approved: ANNUAL AUDIT PLAN AND REPORT The annual audit plan, work schedule, and staffing plan, as presented by the director of audit services, was approved. The annual audit report for fiscal year ending August 31, 2006 was approved as presented. -10- INTERNAL AUDIT CHARTER The Internal Audit Charter for the department of audit services was approved as presented in Appendix 2. SFASU FOUNDATION, INC. AGREEMENT The board approved the replacement agreement between Stephen F. Austin State University and the Stephen F. Austin State University Foundation, Inc. as submitted in Appendix 3. RESOLUTION FOR GENERAL AMERICAN MUTUAL HOLDING COMPANY The board adopted the resolution in Appendix 4 requesting that insurance proceeds checks containing errors that were issued by General American Mutual Holding Company as part of its liquidation under Missouri law be reissued and the payment information be corrected for any future disbursements. TEMPORARY SERVICES CONTRACT Authorization was given to award a contract to Kelly Services for temporary staffing services used by the university on an as needed basis to be effective through August 31, 2008 with the option to renew for two additional two-year periods. The source of funding will be from the individual departments utilizing the services. The president is authorized to sign the contract. PURCHASE OVER $50,000 - JACK CAMP The board of regents authorized the president to approve contracts between the university and Camp Olympia in excess of $50,000 necessary for the production of the 2007 sessions of Jack Camp. PURCHASE OVER $50,000 - YEARBOOKS The board of regents authorized the president to approve payment to Taylor Publishing Company for the production of 2006 Stone Fort yearbooks in the amount of $52,368.15. It was further ordered that Agenda Item 19, Authorization for Lease of Space for Banking Services in Student Center, be tabled for further review and future action. -11- BUILDING AND GROUNDS Board Order 07-05 Upon motion by Regent Green, seconded by Regent Pond, with all members voting aye, it was ordered that the following building and grounds items be approved: REMODELING OF ADMINISTRATIVE OFFICES The university was authorized to remodel the office of the vice president for finance and administration, converting the vault into an office by upgrading the lighting, electrical, wall and floor treatments and including furnishings. It was approved for the offices of the vice presidents for university affairs and academic affairs, as well as the administration lobby/reception areas, to have lighting, electrical work, and ceiling, wall and floor treatments renovated as considered necessary. The physical plant will act as general contractor for the project. The cost will not exceed $100,000 and will be paid from budgeted HEAF funds. FUNDRAISING PLAN AND MITIGATION AGREEMENT FOR BASEBALL/SOFTBALL COMPLEX The board of regents endorsed the fundraising plan for the baseball/softball complex as presented below and approved the recognized naming rights thresholds. Formal naming recognition on gifts over $500,000 will be brought back before the board of regents for appropriate acknowledgement. A fundraising goal to reach 25% of the project costs must be met by January 2008, or the project will be reevaluated at that time. The Complex Bo Pilgrim The Baseball Stadium $750,000 The Softball Stadium $500,000 The Fieldhouse $500,000 Baseball and Softball Pressboxes $ 100,000 each 2 Locker Rooms $50,000 each 2 Batting Cages $25,000 each Training Room $25,000 Weight Room $25,000 2 Home Team Dugouts $25,000 each 2 Visiting Team Dugouts $20,000 each 4 Foul Poles $15,000 each -12- Stadium Seating: Purchaser's name or designated 866 Baseball Chairback $1,200 each name "In Memory Of or "In Seats Honor Of permanently engraved on each stadium seat 355 Softball Chairback $1,200 each Seats (Stadium Seat Financing Option: Purchase more than one seat and pay $50/month for each seat for two years) Bronze "Wall of Names" at One Name $300 each Stadium Entrance Two Names $250 each Three or More Names $200 each Formal approval of the mitigation transaction was given at a cost not to exceed $10,000 per acre plus associated maintenance fees (source of funds - previously designated fund balance), and the president was authorized to sign the mitigation agreement as presented, with the director of physical plant authorized to sign all necessary closing paperwork reviewed by the general counsel. PURCHASE OF PROPERTY AT 117 EAST STARR AVENUE The university was authorized to purchase the property at 117 E. Starr for the appraised value of $78,000 plus associated purchase and closing cost. This property is otherwise known as Lot 9 - D of Block 45 within the city of Nacogdoches, Texas. The director of the physical plant was authorized to sign the required documents on behalf of the university. The source of funds will be designated fund balance. UNIVERSITY POLICIES AND PROCEDURES Board Order 07-06 Upon motion by Regent Green, seconded by Regent Grahm, with all members voting aye, the Board of Regents adopted the policy revisions as presented in Appendix 6. REPORTS President Pattillo presented comments on the following topics: ■ Baseball/Softball Complex fundraising plan ■ Technology policies for the university ■ Desired mid-year salary raises for the faculty and staff ■ Homecoming activities ■ President's Christmas Reception on December 14 ■ Commencement on December 16 -13- Dr. Chris Baker, Chair of the Faculty Senate reported on the following topics: ■ Funding for academics at SFA ■ Faculty Senate initiatives Brittany Scott, President of the Student Government Association, presented comments concerning the following topics: ■ SGA Retreat at the Pineywoods Conservation Center ■ Student Regent application process ■ SGA legislation update and school spirit ideas ■ SFA parking suggestions ■ Student opinions: opposition to joining a system, campus signage, new construction Gina Oglesbee, Director of Audit Services, offered comments concerning: ■ Annual Risk Assessment ■ Audit Plan ■ Quality Assurance Review Chair Ertz adjourned the meeting of the Board of Regents at 10:05 a.m. -14- Appendix 1 Texas Higher Education Coordinating Board Rules Currently in Effect (9-2006) Chapter 5. Rules Applying to Public Universities and/or Health-Related Institutions of Higher education in Texas Subchapter B. Role and Mission, Tables of Programs, Course Inventory §5.23 Definitions §5.23.5 Organized classes-Classes whose primary mode of instruction is lecture, laboratory or seminar. 7I §5.23.8 Small classes-Undergraduate level classes with less than 10 registrations, and graduate level classes with less than five registrations. §5.26 Offering of Small Classes by Public Universities 'th TeX3S Education Code' §51-403(<»), public universities may offer organized small classes §51.403(d.l) have been approved by the governing board of the university; §51.403(d.2) is a required course for graduation (the course is not offered each semester or term and, if canceled, may affect the date of graduation of those enrolled); §51.403(d.3) is a required course for majors in this field and should be completed this semester for term) to keep proper sequence in courses; §51.403(d.4) is a course in a newly established degree program, concentration, or support area; §51.403(d.5) is part of an interdepartmental (cross-listed) course taught as a single class by the same faculty at the same station, provided that the combined enrollments do not constitute a small class; §51.403(d.6) is a first-time offering of the course; §51.403(d.7) is class size-limited by accreditation or state licensing standards; §51.403(d.8) is class size-limited by availability of laboratory or clinical facilities; or §51.403(d.9) is voluntarily offered by a faculty member in excess of the institutional teaching load requirement and for which the faculty member receives no additional compensation. Source Note: The provisions of this §5.26 adopted to be effective May 28, 2003, 28 TexReg 4124 Appendix 1 SMALL CLASSES Summer II 2006 Course Information I \ Number Credit Hourj Credit j Texas Education Code Section Id. ! Title Enrolled j Value \ Hours .Offering Compliance AGD361001 jAGRICULTTJ^^ _?..!. 3 J11 j§51:403^.2,^ MLG 580 501 DEWEL S3hl'9^C[PUliED LEAR 4 3 I ^ §51403^.2) MUS140001 MUSIC APPRECIATION^ 9 : 3 27 : §51 J4g3(d,2, d,3) SPA232001 INTERMEDIATE SPANISH j 5 3 j 15 j §51403(dL9) ED APPRAISAL EXCEPTIONAL CHILD j 9 = 3 | 27 | ^ SP€438 001/ JNS^JCfroRPERSW/blSABL/ Q 3 27 SPE562001 ||NSTRSTRAT EXCEPT LEARNERS i j §51.403(d.2, d.3) Total Estimated Credit Hours in Small Classes 135 Total Estimated SFA Credit Hours Summer II 2006 18,951 Estimated Small Class Credit Hours as a Percentag of SFA Total Credit Hours 0.7% DATE: SMALL CLASSES Fall 2006 Appendix 1 Course Information Section Id. CSC342 001 ; Number : Credit Hour : Value HMS137 201 HMS137L201 PRINCIPLES OF FOOD SCIENCE HMS 460 201 HMS 353301 RHB422 020 FOR 546 001 FOR 411001 FOR 427 001 CHE 241 001^ CHE 241L020 CHE337001 CHE^452L051 CHE443 001 GOL 520 001 GOL 568 002 "STA524 001 STA525 001 MTH 305 001 STA 320 001 MTH 419 001 PHY 431 001 MLG424 501 RDG415 041 JPARENTING ^SE& abuse FIRE ECOLOGY AN^ MANAGEMENT ■TIMBER^^ MANAGEMENlf ^regional sii^iculture 'inorganic chemistry i^norganic chemist^ lab i physical chemistry \ co^rehensive biochemistry i lab GEOCHEMISTRY APPLIED MUlJWi^l/^ APPLIED NONPT^M INTRO TO NUMERICAL METHODS STATISTICAL METWDS " PROBABILITY THEORY INTRO QUANTUM MECHANICS MATHEMATICS IN THE MIDDLE GRADES RDG ASSESSMENT & INSTRUCTION 7 1 1 1 7 b 9 6 4 8 8 4 4 4 4 8 4 4 3 3 6 7 7 9 Total Estimated Credit Hours in Small Classes Total Estimated SFA Credit Hours Fall 2006 Estimated Small Class Credit Hours as a Perqentag of SFA Total Credit Hours 3 1 2 3 3 3 3 3 3 3 3 3 1 4 1 4 3 3 3 3 3 3 3 3 3 2 Total ; Credit Texas Education Code Hours i Offering Compliance 21 , §51.4p3(d:2) 1 , __.§51.403{dJj, 2 §51^|03(d.1J_.. 3 §51.403(dL1) 21 §5l.403(d.1) 27 §51.403(d,2?d.3) 27 §51:403(d,2?d.3) 18 §51.403(d,1) 12 §51_r403(d,2, d,3) 24 j §51.4q3(d,2,.dL3)....._.. . 24._ ; _ §5J,403i(d,2fd:3) 12 §51^403(^2, d.3) J*. §§L4P31d-2,_d.3) 16_ ; _ §5L4P.3fiL2xd.3)._._... 4 §51.403(d,2rd.3) 32 .151..403(d,2,.d.3) 12 ; §51 4p3(d:2, d,3) 12 §51,403(d.2l d.3) 9 §51.403(d:2) 9 §51.403(d.2) 18 s< .§51..403(d.2) 21 §51,403(d.2) 21 §51.403(d.2) 27 : §51.403(d:2) 27 §51,403(d.3) 18 ! §51 ^403^,4,d.6) 422 146,554 0.3% Date: Appendix 2 STEPHEN F. AUSTIN STATE UNIVERSITY PURPOSE, AUTHORITY, AND RESPONSIBILITY of tho DEPARTMENT OF AUDIT SERVICES INTERNAL AUDIT CHARTER October 19, 2006 PurposePurpooQ f,he purpose of the Department of Audit Services through internal auditing /sis to provide independent, objective assurance and consulting activities that add value and improve university operations. Audit Services helps the university accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control and governance processes. \gi] Audit Services^ provides the Board of Regents and the President an independent appraisal of the adequacy and the effectiveness of the ^University's system of internal administrative and accounting controls and the quality of performance when compared with established standards. The primary objective is to assist the Board of Regents, the President and t/University management in the effective discharge of their responsibilities. Authority Authority The Department of Audit Services is an integral part of Stephen F. Austin State University and functions within established policies. The Director of Audit Services reports functionally to the Board of Regents and administratively to the President. The Department will oporato within tho guidolinos of Standards for tho Professional Practice of Internal Auditing ao publiohod by tho Institute of Intornal Auditors and tho Toxas Intornal Auditing Act (Article 6252 5d., VACS.). The Department of Audit Services will have unrestricted access to all University activities; records, both manual and electronic; property; and personnel relevant to any area being reviewed. Members of the Audit Services1 staff will handle all documents and other information acquired in the course of their duties prudently. Standards and Independence [The Department will operate within the guidelines of the Institute of Internal Auditors (HA) International Standards for the Professional Practice of Internal -1 - Appendix 2 Auditing, HA Code of Ethics, and the Texas Internal Auditing Act (Article 6252 - 5d.,V.A.C.S.).\g2] Internal auditors are and will remain independent of the activities or operations they review; they will not engage in any activity which would impair their independence. Responsibility The Department of Audit Services will fulfill its responsibility to the Board of Regents and the President by: • -developing an audit plan based on risk analysis which includes the concerns of management • T-fey-providing audit coverage that consistently meets the needs and expectations of management • following up on , by responding to identified weaknesses, findings and recommendations from previous audit work • -aficHay-participating in a program of quality assurance designed to ensure the increasing professionalism of the department and standard of the work performed^ • performing consulting services including advisory and related service activities, the nature and scope of which are agreed upon and which are intended to add value and improve the university's governance, risk management, and control processes without assuming management responsibility. Examples include counsel, advice, facilitation, training, and committee service.\g3] Annually the Director of Audit Services will submit information on the annual audit plan, work schedule, and staffing plan to the President for his review and to the Board of Regents for their approval. Quarterly the Director will provide activity reports to the President and the Board of Regents detailing progress against the annual audit plan, audit accomplishments, and highlights of any significant audit findings and recommendations. \the Director of Audit Services will submit reports as required to the State Auditor's Office, Governor's Office, Legislative Budget Board and Sunset Advisory Commission. [g4]The scope of audit activities will include all controls, reports and operations of the University. The Department of Audit Services will examine and evaluate: • -The reliability and integrity of financial and operating information and the means used to identify, measure, classify and report information. -2- Appendix 2 —The systems established to ensure compliance with policies, plans procedures, laws and regulations that could have a significant impact on the University. ^The means of safeguarding assets and verifying their existence. -The economy and the efficiency with which resources are employed. —The extent to which the operations and programs of the University are consistent with its objectives and goals. Director of Audit Services -Date Tito Guorroro, Prooidont Date -3- Appendix 3 Memorandum of Understanding between Stephen F. Austin State University Foundation and Stephen F. Austin State University THIS AGREEMENT, entered into as of this 19th day of October, 2006, by and between Stephen F. Austin State University (the "University") and the Stephen F. Austin State University Foundation, Inc. (the "Foundation"). The University is an agency of the State of Texas, organized and existing under Chapter 101, Texas Education Code, as an institution of higher education located in Nacogdoches, Texas. The governing body of the University is the Board of Regents (collectively the "Regents"). The Foundation was organized and incorporated in 1975 as a non-profit corporation under the laws of the State of Texas for the purpose of stimulating voluntary private support from alumni, parents, friends, corporations, foundations, and others for the benefit the University. The governing body of the Foundation is its Board of Trustees (collectively, the "Trustees"). The parties are entering into this agreement for the purpose of defining the relationship between them pursuant to Chapter 2255 of the Texas Government Code, and to implement the policy (D-25.5) of the Regents governing the University's relationship with private support organizations. While this agreement is in effect, the University recognizes the Foundation as existing solely for the support of the University. The parties agree that the Foundation is a necessary and beneficial component of the University's overall program for university advancement and for the development and management of private sources of funding for capital acquisition, operations, endowments, and other purposes relating to the mission and priorities of the University, and to provide opportunities for students and a margin of institutional excellence unavailable with state funds. The Foundation is dedicated to assisting the University in the building of the endowments and in addressing, through financial support, the long-term academic and other priorities of the University. As stated in its articles of incorporation, the Foundation is a separately incorporated 501 (c)(3) organization and is responsible for identifying and nurturing relationships with potential donors and other friends of Stephen F. Austin State University; soliciting cash, securities, real and intellectual property, and other private resources for the support of the University; and acknowledging and stewarding such gifts in accordance with donor intent and its fiduciary responsibilities. Furthermore, in connection with its fund-raising and asset-management activities, the Foundation retains and/or partially supports personnel experienced in planning for and - 1 - Appendix 3 managing private contributions and works with the University to assist and advise in such activities. In consideration of the mutual commitments herein contained, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: FOUNDATION NAME, SEAL AND LOGOTYPE Consistent with its mission to help to advance the plans and objectives of the University, the Foundation is granted the use of the name, Stephen F. Austin State University' however, the Foundation will operate under its own seal and logotype and shall not use the university seal or other identifying marks in the promotion of its business and activities without specific written approval by the University. INSTITUTION OR SYSTEM GOVERNANCE • The Board of Regents of the University is responsible for overseeing the mission, leadership, and operations of the University. • The Board of Regents is responsible for setting priorities and long-term plans for the University. • The Board of Regents is legally responsible for the performance and oversight of all aspects of University operations. • The Board of Regents is responsible for the employment, compensation, and evaluation of all University employees, including the President. THE FOUNDATION'S RELATIONSHIP TO THE INSTITUTION • The Foundation is a separately incorporated 501 (c) (3) nonprofit organization created to raise, manage, distribute, and steward private resources to support the various missions of the University. • The Foundation Board of Trustees is responsible for the control and management of all assets of the Foundation, including the prudent management of all gifts consistent with donor intent. • The Foundation Executive Director is responsible for the performance and oversight of all aspects of its operations based on a comprehensive set of bylaws that clearly address the board's fiduciary responsibilities, including expectations of individual board members based upon ethical guidelines and policies. • The Foundation Board of Trustees is responsible for the evaluation of the Foundation Executive Director. The Foundation Executive Director is a University Vice President and the President of the University retains ultimate supervision, evaluation, hiring and firing authority over this individual's employment. The evaluation of the Foundation Executive Director (which is also the University Vice President for Advancement) conducted by the Foundation Board will be submitted to the University President for his consideration. • The Foundation currently has no employees, but relies on University employees to fulfill its responsibilities. All salary related decisions for this Vice President/Executive Director remain solely with the University President. Cost -2- Appendix 3 sharing arrangements for salary and benefits may be negotiated between the parties and reduced to writing when needed. Any payments (other than reimbursements of expenses) made by the Foundation to the Foundation Executive Director (or other University employees) shall first be submitted to the President for approval before being provided to the University employee. The President will consider these payments within the overall salary scales of the University to determine whether they should be awarded to a University employee. • When issues arise which create a conflict between the University and the Foundation, the Vice President/Foundation Executive Director (or other University employees who assist the Foundation) shall maintain a duty of loyalty and ultimate fiduciary responsibility to the University as an employee of the State of Texas. THE INSTITUTION'S RELATIONSHIP TO THE FOUNDATION • The University President is responsible for communicating the University's priorities and long-term plans, as approved by the Regents, to the Foundation. • The University recognizes that the Foundation is a private corporation with the authority to keep all records and data confidential consistent with the law. In turn, the Foundation recognizes that some University records may be public information under the law and others may be confidential by statute (e.g. confidentiality of student records are protected by FERPA). To the extent that University employees assisting the Foundation may have access to certain confidential student or other University records, such information will be confidentially maintained and utilized only in accordance with state and federal laws. • Stephen F. Austin State University shall establish and enforce policies that support the Stephen F. Austin State University Foundation, Inc.'s ability to respect the privacy and confidentiality of donor records, to the extent permitted under Texas law. • The executive director of the Foundation shall be the University Vice President for University Advancement and shall be included as a member of the University President's cabinet and senior administrative team, within the discretion of the President. • The University shall include the Foundation as an active and prominent participant in the strategic planning for the University. • The President of the University shall serve as an ex-officio, non-voting member of the Foundation board and shall assume a prominent role in fond-raising activities. • In consideration for Foundation services including but not limited to donor database management, endowment fond management, donor stewardship, and donor recognition the University will provide the Foundation without charge fair and reasonable in-kind support including office space, equipment, technology and supplies as necessary in the determination of the President for the Foundation to carry out its responsibilities and activities. -3- Appendix 3 FOUNDATION RESPONSIBILITIES 1. Fund-Raising • The Foundation shall create an environment conducive to increasing levels of private support for the mission and priorities of the University. • The Foundation, in consultation with the University President and the Office of University Advancement, is responsible for planning and executing comprehensive fund-raising and donor-acquisition programs in support of the institution's mission. These programs include annual giving, major gifts, planned gifts, special projects, and campaigns as appropriate. • The Foundation will establish, adhere to, and periodically assess its gift-management and acceptance policies. It will promptly acknowledge and issue receipts for all gifts on behalf of the Foundation and the University and provide appropriate recognition and stewardship of such gifts. • The University recognizes that the Office of University Advancement and the Foundation share major responsibility for fund-raising. University representatives will coordinate all fund-raising initiatives including major gifts solicitations with the Office of Advancement. • The University President will work in conjunction with the leadership of the Foundation board and the Foundation executive director to identify, cultivate, and solicit prospects for private gifts. • The Foundation shall not accept grants from state or federal agencies, except in special circumstances that are approved by the Foundation Board of Trustees and the governmental agency. • The Foundation shall establish and enforce policies to protect donor confidentiality and rights. 2. Asset Management • The Foundation will establish asset-allocation, disbursement, and spending policies that adhere to applicable federal and state laws including the Uniform Prudent Investor Act (UPIA) and the Uniform Management of Institutional Funds Act (UMIFA). Such policies will be shared with the University upon request. • The Foundation will receive, hold, manage, invest, and disperse contributions of cash, securities, patents, copyrights, and other forms of property, including immediately vesting gifts and deferred gifts that are contributed in the form of planned and deferred-gift instruments. • The Foundation serves as custodian of the University endowment files and shall maintain the endowment files in an organized and timely manner. • The Foundation shall be responsible for managing donor stewardship of all University owned endowment assets including, but not limited to, annual report to donors. • The Foundation will timely report University endowment distribution amounts to the appropriate University accounts for use in fulfilling the donor's original -4- Appendix 3 purpose and shall regularly communicate with applicable account holders to properly utilize such assets appropriately. • The Foundation shall make comprehensive endowment, gift, and other asset reports regularly to the University Board of Regents, or as otherwise requested by the Board of Regents. The University reserves the right to request specific information about the Foundation's assets, policies, investments, contracts and other relationships or information at any time. • The Foundation will engage an independent accounting firm annually to conduct an audit of the Foundation's financial and operational records and will provide the University with a copy of the annual audited financial statements, including management letters. 3. Institutional Flexibility • The Foundation will explore through the SFA Real Estate Foundation, Inc. current opportunities, including acquisition and management of real estate on behalf of the University for future allocation, transfer, or use. • The Foundation may serve as an instrument for entrepreneurial activities for the University and engage in such activities as purchasing, developing, or managing real estate for University expansion, student housing, or retirement communities. It also may hold licensing agreements and other forms of intellectual property, borrow or guarantee debt issued by their parties, or engage in other activities to increase Foundation revenue with no direct connection to a University purpose. • When distributing gift funds to the University, the Foundation will disclose any terms, conditions, or limitations imposed by donor or legal determination on the gift. The University will abide by such restrictions and provide appropriate documentation. 4. Transfer of Funds • The Foundation is the primary depository of private gifts and will transfer funds to the designated entity within the institution in compliance with applicable laws, University policies, and gift agreements. The Executive Director of the Foundation shall be responsible for knowing and understanding applicable laws, University policies and gift agreements to guide the Foundation's decisions. • The Foundation's disbursements on behalf of the University must be reasonable business expenses that support the institution, are consistent with donor intent, and do not conflict with the law. Reasonableness shall initially be defined by the Foundation Board of Trustees in making it's disbursement decisions, but the University reserves the right to intervene on the question of reasonableness of business expenses if necessary. • Funds gifted to the University for a restricted purpose are considered a charitable trust. Legal titles to such funds cannot be transferred to the Foundation without petitioning a court of competent jurisdiction as outlined under state law. -5- Appendix 3 FOUNDATION FUNDING AND ADMINISTRATION • The Foundation is responsible for establishing a financial plan to underwrite the cost of Foundation programs, operations, and services. • The Foundation has the right to use a reasonable percentage of all endowment assets and charitable trusts under management, the annual unrestricted funds, assess fees for services, or impose gift taxes, to support its operations on behalf of the University. Such assessments shall be in accordance with properly approved Foundation policies and fully disclosed to the University at least annually, or when a material change has been imposed. No assessments will be made to University owned funds or endowments without the written approval of the University. • University endowments are funds given to the university and accounted for on the university's books, which meet the endowment requirements established by University policy. • The University will provide office space, computer and telephone systems, utilities, adequate personnel, office supplies, and other such services that may be necessary or required to fulfill the responsibilities and obligations of the Foundation. • The Foundation shall maintain copies of the plans, budgets, and donor and alumni records developed in connection with the performance of its obligations. • The Foundation will provide access to data and records to the University on a need-to- know basis in accordance with applicable laws, Foundation policies, and guidelines. The Foundation will provide copies of its annual report, and other information that may be publicly released. TERMS OF THE MEMORANDUM OF UNDERSTANDING (MOU) This Memorandum of Understanding, made this 19th day of October, 2006, by and between the Board of Stephen F. Austin State University and the Stephen F. Austin State University Foundation, Inc. (an Internal Revenue Code §501 (c) (3) nonprofit corporation), is intended to set forth policies and procedures that will contribute to the coordination of their mutual activities. To ensure effective achievement of the items of the agreement, the University and the Foundation officers and board representatives shall hold periodic meetings to foster and maintain productive relationships and to ensure open and continuing communications and alignment of priorities. Provided the Foundation has first executed this agreement, this agreement is effective upon its approval by the Regents. Either party may, upon 90 days prior written notice to the other, terminate this agreement. Notwithstanding the forgoing, either party may terminate this MOU in the event the other party defaults in the performance of its obligations and fails to cure the default within a reasonable time after receiving written show cause notice. -6- Appendix 3 Should the University choose to terminate this agreement the Foundation may require the University to pay, within 180 days of written notice, all debt incurred by the Foundation on the University's behalf including, but not limited to, lease payments, advanced funds, and funds borrowed for specific initiatives, unless the Foundation continues to maintain sufficient assets and resources available to pay its debts or unless University payment of such debts is otherwise prohibited under law. Should the Foundation choose to terminate this agreement the University may require the Foundation to pay debt or obligations it holds on behalf of the Foundation in like manner. Upon termination, the parties shall reasonably attempt to negotiate whether dissolution of the Foundation is appropriate and how endowed funds and assets collected for the benefit of the University and controlled by the Foundation should be handled thereafter. Consistent with provisions appearing in the Foundation's bylaws and its articles of incorporation, should the Foundation cease to exist or cease to be an Internal Revenue Code §501(c)(3) organization, the Foundation will transfer its assets and property to the University, to a reincorporated successor Foundation, or to the state or federal government for public purposes, in accordance with the law and donor intent. IN WITNESS WHEREOF, the parties have caused this Memorandum of Understanding to be executed by their duly authorized officers as of the day and date first above written. Chair, Stephen F. Austin State University Board of Regents Chair, Stephen F. Austin State University Foundation Date: \O \\<\ President Stephen F. Austin State University Date: lo- 3o- ^00U Date: Exeuitive Director Stephen F. Austin State University Foundation Date: -7- Appendix 4 BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY Nacogdoches, Texas RESOLUTION REQUESTING RE-ISSUANCE OF CHECKS FOR INSURANCE PROCEEDS WHEREAS, General American Mutual Holding Company issued two checks to the University, who is the owner of the policy, as part of its liquidation under Missouri law, in the sums of $11,628.91 (No. 00000050816) and $2,253.92 (No. 00200269990); and WHEREAS, the checks were payable to the University, but incorrectly contained the insured's address, used the social security number of the insured as the recipient identification number, and misspelled the University's name; and WHEREAS, in order to re-issue the checks with the correct information, American General Mutual Holding Company requires that a corporate resolution be passed requesting the re-issuance; NOW THEREFORE BE IT RESOLVED that the Stephen F. Austin State University Board of Regents, by the passing of this Resolution, does hereby request that General American Mutual Holding Company re-issue checks for $11,628.91 and $2,253.92 payable to the University with the corrected information and that they correct their payment information for any further disbursements that may occur in this matter; and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minutes of the October 19, 2006 meeting of the Board. THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY , Secretary Appendix 5 AGREEMENT FOR EXECUTION OF CONSERVATION EASEMENT FOR MITIGATION This Agreement is entered into this day by and between TIN INC., doing business as TEMPLE-INLAND, and Stephen F. Austin University ("SFASU") to memorialize the obligations of the parties consistent with the issuance of Permit No. (to be assigned) by the U. S. Army Corp. of Engineers ("USACE") relating to construction within a jurisdictional wetlands area as provided in said Permit (project number 200500092). By recordation of a Conservation Easement, Temple-Inland and SFASU intend to mitigate activities of SFASU relating to the construction of its new baseball park upon approximately twenty (20) to fifty (50) acres of real property in Nacogdoches County, Texas. Upon the mutual covenants and conditions herein expressed, and for good and valuable consideration, the parties hereby agree as follows: 1. Obligations of Temple-Inland: (a) On or before thirty (30) days following final approval by USACE of the Conservation Easement, Temple-Inland shall execute and file of record said Conservation Easement to be drafted in general accordance with the provisions of the Texas Uniform Conservation Easement Act of 1983, and in form mutually acceptable to Temple-Inland, SFASU, and the Grantee of said easement, and in compliance with the terms of USACE Permit No. (to be assigned) (b) At the time of the execution of this Agreement, the parties hereto intend to seek USACE approval of an acceptable entity (e.g.-reputable land trust, SFASU School of Forestry, etc.) as the easement holder. It shall be the obligation of Temple-Inland to find an easement holder suitable and acceptable to SFASU and USACE to receive and to hold the Conservation Easement. The Conservation Easement will include language that permits scientific research and periodic tours of the property that are consistent with the intent of the Conservation Easement. (c) The Conservation Easement shall be filed of record by Temple-Inland in the county where the property is located. The property to be included in the Conservation Easement (the "Mitigation Area") is approximately twenty (20) to fifty (50) acres (TIN compartment/stand 03210-018), more or less, to be determined based on USACE permit requirements and by final survey out of the Nathaniel Benton Survey, Abstract No. 88, Nacogdoches County, Texas. Appendix 5 (d) Temple-Inland shall complete the survey of the approximate twenty (20) to fifty (50) acre Mitigation Area made the subject of the Conservation Easement, and shall submit a copy of said survey, when completed, to the SFASU, the Grantee of the Easement, and to USACE. 2. Obligations of SFASU: (a) SFASU shall pay to Temple-Inland, within five (5) days of the execution hereof, the amount of $15,000.00 as Earnest Money. In the event SFASU completes all of its obligations contemplated hereby and closes and funds this transaction in full, the Earnest Money shall be credited to the Purchase Price for the Conservation Easement. In the event SFASU fails to complete its obligations and fund the Purchase Price, Temple-Inland shall be entitled to retain the Earnest Money as liquidated damages. The Earnest Money shall be refunded by Temple- Inland to SFASU only in the event Temple-Inland fails or is unable, to complete its obligations hereof in the time period allowed. (b) On the Closing Date, SFASU shall pay Temple-Inland via wire transfer the Purchase Price which shall be an amount equal to $10,000.00 per acre multiplied by the number of acres in the Mitigation Area as surveyed, the cost of surveying the Mitigation Area (not to exceed $15,000), and any stewardship endowment fees required by the Grantee of the Easement (not to exceed 25% of the appraised value of the property). Temple-Inland shall pay all other costs associated with this Agreement and Mitigation Area, including, without limitation, recording fees, attorneys' fees for Temple-Inland, the costs of implementing the Mitigation Plan as described in the Permit, and real estate property taxes. 3. Temple-Inland represents, warrants and covenants to SFASU that: (a) Temple-Inland has not received any notice of, and has no knowledge of, any pending or threatened taking or condemnation of the Mitigation Area. (b) Temple-Inland is a duly formed corporation of the State of Delaware. Temple-Inland is in existence and in good standing in accordance with the laws of the State of Texas and is authorized and qualified to own the Mitigation Area. Temple-Inland has complete and full authority to execute this Agreement and to record the Declaration. (c) Temple-Inland holds marketable fee simple title to the Mitigation Area, and there are no liens, easements or other encumbrances affecting the Mitigation Area, that would prevent the implementation of, and Appendix 5 continued compliance with, the Mitigation Plan. (d) Each of the persons executing this Agreement on behalf of Temple- Inland further represents and warrants that the persons signing this Agreement on behalf of Temple-Inland are duly qualified and appointed representatives of Temple-Inland and have all requisite power and authority on behalf of Temple-Inland to enter into this Agreement as the valid, binding and enforceable obligation of Temple- Inland. (e) Temple-Inland has no knowledge of, nor has Temple-Inland received any notice of, any actual or threatened action, litigation, or proceeding by any organization, person, individual or governmental agency (including governmental actions under condemnation authority or proceedings similar thereto) against the Mitigation Area or Temple- Inland, nor has any such organization, person, individual or governmental agency communicated to Temple-Inland anything that Temple-Inland believes to be a threat of any such action, litigation or proceeding. (f) Temple-Inland has received no notice of and has no knowledge of any violations of law, municipal or county ordinances, or other legal requirements with respect to the use of the Mitigation Area. 4. SFASU represents, warrants and covenants to Temple-Inland that: (a) SFASU is a duly formed state university of the State of Texas. SFASU is in existence and in good standing in accordance with the laws of the State of Texas. (b) Each of the persons executing this Agreement on behalf of SFASU further represents and warrants that the persons signing this Agreement on behalf of SFASU are duly qualified and appointed representatives of SFASU and have all requisite power and authority on behalf of SFASU to enter into this Agreement as the valid, binding and enforceable obligation of SFASU. 5. Closing of this transaction including but not limited to funding of the Purchase Price, and recordation of the Conservation Easement, shall occur on or before, 2007. The Closing Date may be extended by mutual agreement of the parties as evidenced in writing. Appendix 5 Executed to be effective as of the day of , 2006. TIN INC. d/b/a TEMPLE-INLAND By:. Jack C. Sweeny, Executive Vice President - Forest Products STEPHEN F. AUSTIN STATE UNIVERSITY By: Name: Title: Appendix 6 Policies Approved by the Board of Regents October 19,2006 p-l Appendix 6 P-2 Appendix 6 Camp and Conference Reservations B-4 Original Implementation: 1987 Last Revision: October 23, 2003 October 19, 2006 Each year Stephen F. Austin State University is host to a variety of camps, clinics, workshops, and conferences. To facilitate the many and varied requests of these groups, the Coordinator for University Reservations and Conferences, referred to in this booklet as the Coordinator, located in the University Student Center, room 110277, is available to assist Camp Directors in arranging housing, meal tickets, meeting space, insurance, parking permits, and banquets. A camp, as referred to in this document, refers to all special programs, camps and conferences. Eligibility Any camp or conference requesting use of University facilities must have a University sponsor. If profit-making agencies are involved with the program, the sponsoring organization must receive prior approval from the Vice President for Business A££ak$Finance and Administration to conduct the camp. It is the responsibility of the sponsoring individual or organization University sponsor to ensure that programs and activities conducted in the University Student Center or at other locations on the University campus are in compliance with the Americans with Disabilities Act. Age of Participants Camp participants under ten (10) years of age are not permitted to stay over-night in the residence halls unless accompanied by parents and under close supervision at all times. Request for Camp/Conference Facilities The first step for the Camp Directors will be tomust submit a completed "Camp/Conference Reservation Contract" to the Coordinator (see appendix for sample) to request the use of University facilities (sec appendix for sample). The form should be completed with estimates of size of the campAn estimated number of attendees (including counselors and directors) for the camp must be included on this form. Housing, meal cards, meeting space and other requests will be reserved according to the stated needs on this form. Completion and return of these forms as early as possible will help assure that each specific need will be met. Some areas are limited and will be supplied on a first-come, first-serve basis. A packet containing passes, tickets, insurance forms and instructions will be assembled and should be picked up at the Coordinator's office two (2) weeks before the scheduled camp date. Insurance Requirements It is the responsibility of the sponsoring department University sponsor to ensure that each group has appropriate liability coverage. All non-credit participants spending the night in P-3 Appendix 6 University residence halls must be insured. A per camper/night fee will be assessed at the completion of the camp and billed to the proper accountincluded on the invoice for camp expenses. A list of names of all participants to be insured must be submitted to the office of the Coordinator on the first working day of the camp session. Completing Completion o/insurance forms ese-is the responsibility of the Camp Director. Forms returned because of insufficient information are also the Camp Director's responsibility. Health Clinic A University medical release and consent form (see appendix for sample) must be completed and signed by the parent/guardian of each camper under age 18. Neither the clinic nor local hospitals will treat a minor student without this release form in hand. The Camp Director is responsible for having these forms signed and readily accessible at all times in case of an emergency. Claim forms are available from the Coordinator as needed. The attending SFASU Health Clinic physician/professional will forward the claim form to the insurance carrier following a medical visit. In the event that a camper requires treatment at a local hospital, the insurance claim form must be returned to the Coordinator to insure correct processing of the claim. No claim will be processed without the signature of a camp official. A camp official must accompany a student camper to the University Health clinic, local hospital emergency room, or pharmacy. Emergency Phone Numbers All camp participants should be informed that a campus 911 number is available to them should an emergency take place. Parents of participants should be informed of the twenty-four (24) hour emergency phone number (936) 468-2608 at the University Police Department. Billing Procedures Billing for summer camps will be handled through the Coordinator's office. Costs for meals, housing and insurance will be negotiated each year and the projected costs made available upon request. An account number or billing address should be supplied at the time of the original camp reservation. After the camp is completed Upon completion of the camp, one totals invoice biH-for all lodging, damages, lost keys, meals, special banquets, SFA food service deliveries and pick-ups, insurance, and other applicable costs will be assessedissued to the Camp Director, and billed to the camp account. Any damages, etc. discovered after the close of the camp will remain the Camp Director's responsibility. Payment must be made in full within 30 days of the date of the invoice. P-4 Appendix 6 Camp cancellations must be made in writing to the Coordinator. Cancellations within one month to two weeks prior to the starting date of the camp will incur a $100 dollar cancellation fee. There will be a $150 per day charge for each day that the camp was scheduled when the cancellation is made within two weeks of the beginning date of the camp. Housing The Camp Director should estimate as closely as possible the number of students and counselors needing University housing for the camp session. Space will be reserved as per the reservation completed by the Camp Director. Concurrent camps may result in two or more groups occupying the same residence hall. In the event that this becomes necessary, the Camp Director will be allowed the opportunity to request additional facilities. The request for additional facilities will be granted if housing facilities are available. Additional fees will be charged for this sendee and will be established according to the type of facility requested. Before the camp session, the Camp Director will receive lists of final hall assignments, summer Hall Directors and their current phone numbers. Two weeks before the camp session the Housing Department University will send floor plans, roommate lists, information specific to the building, such as rooms being used for storage and not available to campers, and the current phone number for the Hall Director. The Camp Director should contact the Hall Director as soon as the lists are received and should keep the Hall Director updated on changes and special needs the camp may have in the hall. If it is necessary for a camp to have camp staff or campers arrive one night early or check out one day later than the main camp, the early arrivals/late checkouts may be housed in a different facility for this time. Any early arrivals or late checkouts must have authorized supervision. Final Arrangements At least two (2) weeks prior to the start of the camp session the Camp Director should contact the Hall DirectorCoordinator assigned to the camp to finalize arrangements. Issues to be discussed include early arrivals, pre-camp inventory of the residence hall, check-in and checkout procedures, room assignments, storage of equipment, late departures, and post- end of conference camp inventory of the residence hall. The SFA Housing Department is responsible for the overall cleaning of the residence halls, but it is the Camp Director's responsibility to make sure campers' posters, trash and other items are removed from the rooms and taken to the dumpster. The Camp Director is responsible for removal of any writing on walls, mirrors or doors prior to departure. Housing damages and lost key charges are assessed after the group has left the residence hall, but remain the Camp Director's responsibility. (See Damages for more information) P-5 Appendix 6 Groups meeting in the lobbies of the residence halls are responsible for the general cleaning of these areas. Food deliveries are not permitted after the front desk closes. Participants may not use hallways, floors, or rooms other than those assigned to the camp. Special Accommodations Any camper or conference attendee that will need special accommodations due to a disability should contact the Coordinator prior to arrival on campus. The Camp/Conference Director Responsibilities (Participants as presented below refer to all individuals associated with the camp/conference including campers, instructors, staff and guests). The Camp/Conference Director: 1. Will provide counselors and staff for the camps, preferably a minimum o/one counselor per ten campers is required. Campers should must be supervised during any free timeaf all times. 2. Inspects residence hall facilities immediately prior to and after the camp session; 3. Advises participants of appropriate check-in and checkout procedures including charges for damages and lost keys; 4. Familiarizes participants with University policies, especially those pertaining to fire and emergency evacuation procedures, appropriate conduct, possession of controlled substances and fire arms, and authorized entry into rooms; 5. Maintains discipline of all participants; 6. Cooperates with the residence hall director and staff who are responsible for the safety, security and maintenance of the building; 7. Collects and has readily available all Medical Release and Consent Forms on all participants; 8. Informs the University in advance of early and late arrivals; 9. Completes insurance forms at the time of treatment; 10. Handles insurance forms returned for lack of student information; 11. Furnishes the coordinator Coordinator with a camp roster as soon as possible but no later than twenty-four (24) hours after camp check-in begins. 12. It is the responsibility of the sponsoring individual or organization University sponsor to ensure that programs and activities conducted in the University Student Center or at other locations on the University campus are in compliance with the Americans with Disabilities Act. The Hall Director's Responsibilities The Hall Director is responsible for supervising the SFA residence hall staff. He/she will develop a comprehensive work schedule, assist with distribution of keys and room assignments as needed to provide the best possible service to conference camp guests. P-6 Appendix 6 The hall director will be available to assist the Camp/Conference Director in providing adequate supervision and disciplinary guidelines to campers. After camp completion, the Hall Director will be responsible for submitting to the Housing Department the final count of rooms/beds used. The Hall Director: 1. Acts as a daily contact person to assigned groups; 2. Prepares staff for handling emergencies and familiarizes them with overall building layout (elevators, fire alarms, etc.); 3. Interprets, supports, and enforces University policies, procedures, and regulations; 4. Completes work orders and maintenance requests as needed for efficient hall maintenance; 5. Completes administrative paperwork as required by the Residence Life Office or the Housing Department. 6. Assesses all Housing charges at the Conclusion of the conference. Hall Director Phone List Units 6620 Wilson 1906 Wisely 2663 Hall 14 5408 Todd4907 Griffith 5401 | North 2644 Hall 16 5100 Hall 10 4708 Steen4607 | Mays 4707 Kerr 5306 South 2793 Hall 20 2671 The Hall Director reports to the Coordinator of Residence Life. The Residence Hall Staffs Responsibilities The residence hall staff, under the supervision of the Coordinator of Residence Life and the day-to-day responsibility of the Hall Director, will assist in summer camp programs. The Hall Staff: 1. Cooperates with the Hall Director in the operation of the residence hall; 2. Assists with check-in and preparation of facilities for each camp; 3. Assists with checkout and inspection of rooms at the close of each camp ; P-7 Appendix 6 4. Performs desk responsibilities during assigned desk hours, gives information, checks guests in and out, issues keys, takes messages, and/or any other duties deemed necessary; 5. Serves as a referral/resource person to camp participants; 6. Assists in acquainting Camp Director with University policy, emergency procedures and facilities lay-out; 7. Maintains necessary reports and an accurate accounting of money, keys, maintenance requests, damages, etc.; 8. Is accessible in emergency situations; 9. Maintains duty hours as assigned by the Hall Director; 10. Attends staff meetings as assigned by the Hall Director; and, 11. Performs other duties as assigned by the Hall Director. Residence Hall Rules and Regulations Agenda/Schedule. A copy of the agenda or schedule for each conference group must be left with the Hall Director to assist the residence hall staff in directing students' during their stay. Alcohol. Alcohol is not allowed in residence halls at any time. Cleaning Fee. Cleaning charges may result if the participant leaves the room in any condition that requires custodial personnel to be called in for extra cleaning or the removal of trash from the building. Controlled Substance. Unlawful use, manufacture, possession, or delivery of any controlled substance or dangerous drug is prohibited in residence halls. Damages. The camp will be charged for any damages to the residence hall or its furnishings. Attaching signs or posters to the doors or the walls with tape may result in damage charges. The University is not responsible for any damage to a camper's room as a result of theft, vandalism, or maintenance failure. The Housing Department encourages a representative from each group to conduct a walk through inspection of each room prior to the arrival of the camp. All pre-existing damages should be noted at that time. The Hall Director will be available to inspect each room with the Camp Director upon request. The Camp Director is responsible for removal of any writing on walls, mirrors or doors prior to departure. Housing damages and lost key charges are assessed after the group has left the residence hall, but remain the Camp Director's responsibility. Desk. The desk will be open from 10 a.m. until the Camp curfew (no later than midnight). Messages for camp participants received by desk attendants will be posted in a central location and not delivered to individual rooms. The Hall Director will unlock the front doors at the time requested by the camp director. The front door will be locked at midnight, or earlier if requested. Any one that is locked out of the building may use the emergency phone located next to the door to contact the University Police Department for admittance to the building. P-8 Appendix 6 Desk Deliveries. Deliveries of prepaid merchandise may be made to the residence hall desk while it is open. Desk assistants will notify participants of a delivery, but shall in no way be made accountable for such items. Occupants will be contacted for deliveries when payment is needed. Discipline and Supervision. It is the responsibility of the Camp Director or camp staff to administer discipline to participants who violate camp or University regulations. On occasions when camp personnel are not available, residence hall personnel will temporarily handle the situation. In cases of chronic or severe discipline problems, the residence hall director reserves the right to recommend that a camp participant be sent home. Violation of federal, state or municipal law will require the involvement of the University Police Department. All camps must provide on - site camper supervision throughout the duration of the camp. This includes overnight supervision within the residence hall. Emergency. In case of an emergency call 911 or University Police at (936) 468-2608. Entry-Authorized Entry Into Rooms. Entry into a residence hall does not normally constitute a search. University personnel and the camp staff may enter a room to remove a potential fire, safety, or health hazard; to perform maintenance; to correct situations intruding upon the comfort of others (a phone or alarm clock continuously ringing, loud radios, etc.); to retrieve items upon request of the participant's immediate family; and to retrieve the personal belongings of other individuals where there is no apparent dispute to ownership of the property. All other situations which would require entry into a room should be coordinated with the Hall Director who may consult with University Police. Evacuation Procedures. All persons are required to evacuate a building when an emergency alarm is activated. If an alarm sounds, each person must leave the room and proceed to the nearest clear exit. Stairwells must be used instead of elevators. If the camper is unable to exit the room, a towel, sheet, or similar item should be placed outside the window, so that emergency personnel will know that someone is in the room. Camp Directors may request that a fire drill be scheduled during the camp by contacting the Hall Director prior to arrival. Facility Sharing. In order to be more energy efficient, two or more camps may be scheduled in the same facility. Firearms. Possession or use of weapons or explosives (such as pistols, rifles, shotguns, firecrackers, cherry bombs, or any weapons prohibited by laws of the state of Texas) in University-owned-or-controlled buildings is prohibited. Fire Safety. No incense or candles may be burned in residence halls. If an extinguisher is maliciously discharged, a fee for refilling the extinguisher and for clean-up will be assessed. Transmission of a false alarm is a violation of state law and violators will be prosecuted. P-9 Appendix 6 Gambling. Gambling in any form is prohibited. Games. Because of potential physical harm or residence hall damage, active games such as running and the use of frisbees, footballs, ice or water fights etc., are not allowed within residence halls. It is the responsibility of the camp to store the equipment for the camp such as basketballs, etc. Guests With Disabilities. Conference Camp guests that need any special accommodations should contact SFA's Camp Coordinator prior to arrival. Housekeeping. Housekeeping staff are on duty Monday through Friday. Common areas of the residence halls and community bathrooms are cleaned daily. Cleaning of individual rooms and trash in individual rooms is the responsibility of the camper. Any housekeeping concerns should be reported to the front desk. Keys. Keys are issued according to the Camp Director's request and University Policy at the time of check-in. Keys must be turned in to residence hall staff at checkout. A replacement fee will be assessed for each key that is not returned at the end of the camp session. This charge covers the cost to change the lock and make a new set of keys. Camp officials will not be issued master or front door keys to any building. In the event a camper is locked out of a room, Camp Staff will be asked to confirm the identity and room assignment of the camper before a new key is issued. Each Camp Director will develop the camp procedure for lockouts. Laundry Facilities. Coinless washing machines and dryers are located in each residence hall. Lost and Found. Lost and found items should be turned in to the front desk. At the end of each camp, the Camp Director may pick up any lost and found items. Anything left over from the camp will be turned in to the University Student Center Information Desk on campus. SFA cannot will not be responsible for lost or stolen items. Maintenance. Any maintenance problems should be reported to the Hall Director or desk personnel. Abuse of elevators, televisions, laundry machines or ice equipment or other excessive maintenance charges may be billed to the camp. Medication. The residence hall staff will not dispense any type of medication to a camper. Contact the SFA health clinic at (936) 468-4008 if a camper will need assistance with medication during the camp session. Movies. No movies may be shown in the residence hall lobbies due to licensing law restrictions. Pets. No pets are allowed within the residence halls. P-10 Appendix 6 Public Areas. Eating, drinking and smoking are not permitted in the lobbies, hallways, laundry rooms, community baths or other public areas. Pizza parties etc., should be held outside or the food distributed and the campers dispersed to their rooms. Roommates. The Camp Director will handle all roommate problems. If a room change is necessary, consult the Hall Director. Smoking. No smoking is allowed in the residence halls or on the front porches during camps. Storage. Rooms used for reasons other than living space will be charged the private room rate, (i.e. storage, offices or conference rooms). Telephones. The University does not furnish telephones for individual residence hall rooms. Camp staff members are encouraged to bring telephones. Local telephone service is provided in each room. Dial 9 for an outside line. In order to place a long distance phone call, a telephone calling/credit card must be used. Incoming collect calls may not be accepted. The phone number is printed on the telephone jack. Trash Policy. The SFA Housing Department is responsible for the overall cleaning of the residence halls, but it is the Camp Director's responsibility to make sure campers1 posters, trash and other items are removed from the rooms and taken to the dumpsters located outside of each building. The Housing Department will furnish each camper with a plastic trash bag when they check into the building and large bags at the end of each camp to gather all of the smaller bags for removal from the building. Vending. Vending machines are provided for the convenience and enjoyment of the camp participants. Empty or malfiinctioning machines should be reported to the front desk as soon as possible. Camp participants who lose money in the machines should report to the the U.C. Business OfficeStudent Center Information Desk, located in the basement of the University Center, for a refund. Windows. Windows in residence halls must be closed at all times for air conditioning systems to function properly. Window screens may not be removed by residents. Dining Service Meal and Hall Access tickets to be used by camps will be enclosed in the camp packet according to the estimated number stated on the reservation form at a price per card. As a general rule, 10% extra meal tickets will be included to handle lost and damaged cards at no charge. Meal cards are numbered for use in assignment. If a card is lost, the Coordinator's office- may be notified immediately and SFA Dining Services will be alerted to watch for the lost card. SFA Dining Services will charge the group for actual meals eaten. There will be a charge for failure to notify reservations if the group misses a meal. The count will be taken at the cafeteria register and that count will be considered final, should a dispute arise. P-ll Appendix 6 To facilitate quick access to the cafeteria when several large groups are on campus simultaneously, meal times- should be staggered. From the information provided on the reservation form, Food Services will be notified of the first and last scheduled meals to be eaten in the cafeteria and whether or not the group will be missing a meal. If the group misses a meal and the Coordinator was not notified, a 75% minimum charge will be assessed. Special banquets in the University Student Center can be arranged through the Coordinator's office according to University Student Center policies. SFA Dining Services will charge the camp for all meals scheduled according to the Camp/Conference Reservation Contract based on the actual number of attendees at the camp. Campus ¥H*E-Recreational Facilities and Programs PHYSICAL ACTIVITY FACILITIES Primary physical activity facilities are the Shelton Gym, Norton Health and Physical Education Complex (HPE), the outdoor swimming pool, tennis courts, and intramural fields and sand volleyball courts. Facility ^Requests for the use of campus recreational facilities and programs will be made in writing by the Camp Director on the Camp/Conference Reservation Contract. All physical activity facilities and programs for camps will be scheduled around academic classes (to be set in March), maintenance, intramural campus recreation programs and field conditions. 1 .Shelton Gym basketball or general use. One regulation size basketball court or two smaller basketball courts with P.A. system and bleachers for approximately one thousand. Can be booked for sports camps and cheerleading camps during the day, 8am 7 pm. Can be booked for recreational camp use from 7pm—10pm. Camps will be allowed one gym only. 1 .Norton HPE Complex—five basketball courts with no seating or PA system. Can be booked for sports camps and cheerleading camps from 8am—7pm and for recreational use from 7pm—10pm. Camps will be allowed one gym only. 2.Outdoor Swimming Pool—capacity of 150 swimmers, can be booked from 7pm 10pm for camp use with a two hour minimum. 3 .Tennis Courts—twelve courts available for camps/conferences, can be reserved from 8am—10pm. No equipment will be furnished by the University. 4.Intramural fields—located on Wilson Drive, usually set up for softball during the summer months. Can be requested from 8am—10pm. The fields will not be confirmed until two weeks prior to the camp. 5.Sand volleyball Courts—four courts. Can be reserved from 8am—10pm. University Center Games Area The Games area located in the University Center basement will be available to campers during regular SFA hours. Special permission for use at other times may be granted by the Director of Auxiliary Services. Group reservations should be made on the camp reservation form. Cost for games and machines are posted in the Games area. A late charge may be assessed for groups staying after hours. P-12 Appendix 6 University Student Center Meeting Rooms Rooms in the University Student Center are made available to summer camps on a first-come, first-serve basis following established University Student Center policies. Only food purchased through the University is to be served in the University Student Center meeting rooms. Arrangements for room set-up and food orders for banquets or meetings must be made in the Coordinator's office two weeks prior to the event. Failure to notify the Coordinator of a cancellation approximately 72 hours in advance of the scheduled activity will result in payment of the cost incurred by the University Student Center or Food Service personnel. University Student Center decorating restrictions will be strictly enforced. The Nibbler's Nook and the lounge areas are non-reservable areas during regular operating hours. Lounges are primarily intended for general use by the public. Due to limited space in the University Student Center, rooms in the U.C. will not be available for storage before the camp dates. Boxes shipped before the group's arrival to the campus must be held by the sponsoring department. Academic Buildings for Meeting Rooms The Coordinator will be available to assist Camp Directors in reserving meeting spaces in academic buildings and auditoriums following policy guidelines for each building. For assistance, the Camp Director should specify dates, hours, and group size on the reservation form. Coliseum Reservations for use of the coliseum will be arranged by the Coordinator following the University regulations for coliseum usage. A per-event fee may be charged. University Police/Parking Parking permits will be available through the Coordinator's office for campers bringing cars and buses to the SFA campus. Parking permits are to be displayed in the car window while on campus and disposed of after the camp is completed. If a group of parking spaces is needed, the Coordinator will arrange with the University Police Department for an area to be marked off for the camp. Source of Authority: Board of Regents, President, Vice President for University Affairs Cross Reference: None Contact for Revision: Director of the Auxiliary ServicesStudent Center Forms: Medical Release and Consent Form (available in Auxiliary ServicesStudent Center Administration); Camp/Conference Reservation Contract (available in Auxiliary ServicesStudent Center Administration); Camp Director's Check List Form (available in Auxiliary ServicesStudent Center Administration) P-13 Appendix 6 Campus Facilities for Political Purposes • B-5 Original Implementation: April 27, 1970 Last Revision: April 18, lOOOOctober 19, 2006 While the use of the facilities of the University for partisan political assemblies and meetings is not normally encouraged, the faculty and administration, as members of a learned and honorable profession, may properly exercise their acknowledged individual rights and obligations of citizenship free of University discipline or censorship. Individual political candidates and their election organizations are not permitted to reserve a University facility for campaign activities. However, if a candidate is invited by a University group, then he/she may appear in the facility, provided that the group extending the invitation is responsible for reserving the facility and meeting the costs related to the event. No member of the Board of Regents shall undertake to influence the political opinions of personnel subject to the Board's jurisdiction, but such personnel are requested to exercise their individual rights or citizenship or academic freedom in a responsible manner reasonably calculated not to identify or associate with the University. A University employee may not use his/her official authority or influence to coerce the political action of a person or body. Source of Authority: Board of Regents Rules and Regulations, Texas Government Code § 556.004 Cross Reference: None Contact for Revision: President Forms: None P-14 Appendix 6 Property Transfer and Disposal B-24 Original Implementation: January 1, 1985 Last Revision: February 4, 2004 Surplus or salvage property is not to be disposed of in any manner other than those described herein. Disposition of property acquired through Federal or State grants and contracts must respect the terms of the grant or contract under which it was acquired. Surplus Property is defined as any personal property that is in excess of the needs of the department and which is not required for its foreseeable need. Surplus property may be new or used but must have additional useful life. Salvage Property is defined as any personal property which through use, time or accident is so depleted, worn out, damaged, consumed, or outdated that it is obsolete and/or can no longer serve the purpose for which it was originally intended. TRADE IN OF EQUIPMENT Before declaring property surplus or salvage a department may consider trading in the property on new property of the same general type when such exchanges are in the best interest of the University. Trade ins must be included in vendor negotiations from the beginning; not added after completion of a contract. The requisition must include the following information about each piece of equipment to be traded in: description, inventory number, approximate age and condition; i.e., poor, good, working, not working, etc. It is the department's responsibility to remove and return the inventory number plate to the Property Manager. Trade ins are offered "where is, as is, at the State's option" during the bid process. The final decision to trade is made after the bids have been received and an evaluation has been performed by Purchasing and the department. The evaluation must consider 1) the value to the University if the equipment can be utilized in another area for the same or other suitable purposes; 2) the value of the equipment if offered in a public sale. PROPERTY TRANSFERS BETWEEN DEPARTMENTS Property may be transferred from one department to another by the use of the Property Transfer Form (PTF). The form is to be signed by the department head transferring the equipment and by the department head receiving the equipment/After completion, all copies of the form are to be forwarded to the Property Manager. Section I is to be completed by the department transferring the equipment. The form and the physical property are to be forwarded to the department accepting responsibility for the equipment. P-15 Appendix 6 Section II is to bo completed by the department receiving the equipment. Onco the department head accepting the equipment signs the form, he/she is accepting responsibility for tho care and control of the equipment. Tho completed form is to bo forwarded to the Property Manager. After the transfer is recordod a copy of the PTF will be returned to tho department head accepting responsibility for the equipment. Microcomputers transferred between departments for re use as a microcomputer, whether for connecting to the internet or not, should be confirmed by the ITS Technical Support Group or the department's designated technical representative to insure it moots minimum standards for reliability, performance and compatibility with current versions of software. TRANSFERS TO SURPLUS When equipment is determined to be surplus or salvage and will not be transferred between departments, the department must contact the Property Manager. At the Property Manager's direction the department should complete Section I of the Property Transfer Form (PTF) for a transfer to Surplus. The PTF and equipment are to be delivered to the surplus storage area. The Property Manager may direct the department to provide documentation other than the PTF depending on the disposal action taken. Surplus or salvage property is not to be delivered to the surplus storage aroa or otherwise disposed of without first contacting the Property Manager. Once an item is declared surplus or salvage, the Property Manager will determine which disposal option best meets the needs of the University. Options for disposal will bo considered in the order listed below: 1. re use on campus through transfer to another department 2. cannibalization for part 3. sell or donate to another state agency 4. posting on the Coordinating Board web site for purchase by or donation to a public school or school district (instructional materials only, including data processing equipment) 5. donation only to a political subdivision, school district, volunteer fire department or assistance organization classified under 501C 6. all remaining data processing equipment will be transferred to the Texas Department of Criminal Justice 7. all remaining items will be advertised for public sale 8. donation to a private non profit entity P-16 Appendix 6 9. discarded TRANSFERS FROM SURPLUS Equipment declared surplus or salvage is available, without cost, for transfer to those departments in need of such equipment. Availability is on a first come, first servo basis after screening for the proposed purpose. Inspection of the equipment may be arranged by contacting the Property Manager. Microcomputers transferred from Surplus to departments for ro use as a microcomputer, whether for connecting to the internet or not, should be confirmed by tho ITS Technical Support Group or the department's designated technical representative to insure it moots minimum standards for reliability, performance and compatibility with current versions of software. POSTING INSTRUCTIONAL MATERIALS TO THE COORDINATING BOARD WEB SITE All surplus items determined to be "materials or equipment that can bo usod for instructional purposes" will be posted to the Coordinating Board web site for direct transfer to a public school or school district. Posting may be for consideration or for no consideration as determined by the Property Manager. Disposal options 5 9 can not be considered until "materials or equipment that can be usod for instructional purposes" has been posted to the Coordinating Board web site. Postings will be made for a minimum one (1) week. All items posted for ono week but not transferred to a public school or school district will be disposed of following disposal options 5 9. If more than one public school or school district seeks to acquire tho same property on substantially the same terms, the Property Manager shall give preference to a public school that is considered low performing by the commissioner of education or to a school district that has a taxable wealth per student that entitles the district to an allotment of state funds undor Subchapter F, Chapter 12, Education Codo. TRANSFER OF DATA PROCESSING EQUIPMENT TO THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE Computer equipment meeting the definition of "materials or equipment that can be usod for instructional purposes" will first be posted to tho Coordinating Board wob site following established rules. Any data processing equipment not posted and any data processing equipment not transferred to a school district shall be transferred to tho Texas Department of Criminal Justice following established rulos. P-17 Appendix 6 Data processing equipment means information technology equipment designed for the automated storage, manipulation, and retrieval of data by electronic or mechanical means. The term includes central processing units, front end processing units, mini processors, microprocessors, and related peripheral equipment such as data storage devices, document scanners, data entry equipment, terminal controllers, data terminal equipment, computer based word processing systems other than memory typewriters, and equipment and systems for computer networks. Data processing equipment will not be disposed of in any manner other than Disposal Options 1 6 described herein. PUBLIC SALE OF EQUIPMENT The Property manager shall determine prices and conduct a public sale on a regular basis. The Director of Purchasing and Inventory will review all items and sale prices prior to each sale. All sales will be advertised with time for all interested parties to view the items prior to the sale day. The Property Manager shall determine a method of access to the property on sale day which is fair and equitable to all interested parties and which prevents unnecessary traffic on campus by non University personnel prior to the sale. The Property Manager is not eligible to purchase any item for which he/she has established pricing. No special privileges will be given to any employee or non employee wishing to purchase surplus items. Proceeds from each sale of surplus property are credited, in the year of the sale, to a revenue category (E&G Surplus Sales or non E&G Surplus Sales) corresponding to the fund from which the original purchase was made. Source of Authority: Texas Government code, Title 10, Subtitle D, Chapter 2175; Texas Government Code, Title 10, Subtitle B, Section 2054.003(3)(A); President; Vice President for Business Affairs Cross Reference: Property Inventory and Management Policy C M Contact for Revision: Director of Purchasing and Inventory Forms: Property Transfer Form (available in Purchasing and Inventory) P-18 Appendix 6 Property Liability B-34 Original Implementation: April 22, 2003 Last Revision: February 1, 2004October 19, 2006 Any University employee entrusted with state property may be held financially liable for lestrdamaged, destroyed, lost, or aad-stolen property as outlined in Texas Government Code 403.275. All University employees will be provided a copy of this policy at new employee orientation, written document for acknowledgement that he/she will from time to timo bo entrusted with the proper maintenance and safekeeping of Stato and University property. The Property Liability Acknowledgement form will also declare the employee's understanding that he/she will be held financially responsible for any property determined to be missing or stolen due to employee negligence. Department Head "Property Managers " will be required to sign a Change In Department Head Certification of Property Inventory accepting responsibility for all department property within 30 days of assuming their duties. The Department Head is responsible for identifying Responsible Parties who have been entrusted with the care and safekeeping of specific pieces of property. Employees taking equipment off campus will be required to complete a Removal of Property from Campus form. These forms will include the following statement: "I understand that lam under financial liability for loss or damage to this (these) item(s) if the loss or damage results from my negligence, intentional act, or failure to exercise reasonable care to safeguard, maintain, and service it (them). " A person is financially accountable for any property loss sustained by the state if: (1) agency property disappears^ as a result of the failure of the head of an agency, property manager, or agency employee entrusted with the property to exercise reasonable care for its safekeeping; (2) agency property deteriorates as a result of the failure of the head of an agency, property manager, or agency employees entrusted with the property to exercise reasonable care to maintain and service the property; or (3) agency property is damaged or destroyed as a result of an intentional wrongful act or of a negligent act of any state official or employee. If the head of the state agency or property manager has reasonable cause to believe that any property in the agency's possession has been lost, destroyed, or damaged through the negligence of any state official or employee, the head of the agency or property manager shall report the loss, destruction, or damage to the comptroller and the attorney general P-19 Appendix 6 not later than the date established by the comptroller. If the head of the state agency or property manager has reasonable cause to believe that any property in the agency's possession has been stolen, the head of the agency or property manager shall report the theft to the comptroller, the attorney general, and the appropriate law enforcement agency not later than the date established by the comptroller. The attorney general may investigate any report received. If an investigation by the attorney general reveals that a property loss has been sustained through the negligence of a state official or employee, the attorney general shall make written demand on the official or employee for reimbursement of the loss. If the demand made by the attorney general is refused or disregarded, the attorney general may take legal action to recover the value of the property as the attorney general deems necessary. Venue for all suits instituted under this section against a state official or employee is in a court of appropriate jurisdiction of Travis County. Source of Authority: Texas Government Code Ann. Sec. 403.271 (a) through 403.278; 2203.004; President; Vice President for Finance and AdministrationBusiness Affairs Cross Reference: Property Transfer and Disposal, Policy B 21; Property Inventory and Management, Policy C-42 Contact for Revision: Director of Purchasing and Inventory Forms: Property Liability Acknowledgement Form P-20 Appendix 6 Food Services C-13.5 Original Implementation: January 20, 1998 Last Revision: October 23, 2003October 19, 2006 The University is committed to providing students the opportunity to participate in the selection and evaluation of the food service contractorprovider. Students are encouraged to participate by attending regularly scheduled meetings of the Food Service Advisory Committee. The Advisory Committee provides the Director of Auxiliary Servicesthe Student Center and food service contractor provider with immediate feedback on issues and concerns of the students. During the last year of each contract term, the University will ask the Food Sendee Advisory Committee to participate in the formal evaluation of the food service program. Should the University decide to retain the contractor, the Advisory Committee will assist the Director of Auxiliary Servicesf/?c? Student Center in tho preparation of the terms and conditions of the new contract. Should the decision be made to re bid the contract, an ad hoc committee will be convened. The committee will be appointed by the Vice President for University Affairs and will include members of the Advisory Committee, the faculty and administration. Source of Authority: Section 51.940, Texas Education Code; Board of Regents; President; Vice President for University Affairs Cross Reference: Stephen F. Austin State University Web YagoNone Contact for Revision: Director of Auxiliary Services//?e Student Center Forms: None P-21 Appendix 6 Gift Reporting C-15 Original Implementation: July 18, 1981 Last Revision: April 20, \999October 19, 2006 The following procedural steps should be used when depositing private funds. 1. All gifts payable to the University and its departments should be immediately delivered to the Bursar's Office for deposit and must be delivered in a university approved locked bag. 2. Information relevant to any gifts received in the form of cash, checks, money orders, or other forms of negotiable instruments will be forwarded to the Office of Development from the Bursar's Office for purposes of updating donor records and official acknowledgment and receipt of gift. Department receiving gift should complete the "Gift Transmittal" form, attach any original documentation which accompanied the gift, and submit them when depositing the gift at the Bursar's Office. The Bursar's Office will forward the "Gift Transmittal" form and any original documentation included with gift to the Office of Development for gift processing within 24 hours of the deposit. Furthermore, the Bursar's Office will stamp each "Gift Transmittal" form with the date of deposit and initials verifying the gift has been properly recorded and deposited by the university. 3. Deposit of all negotiable instruments must be completed within 24 hours of receipt of the gift and must be accompanied by the "Gift Transmittal" form. Any exceptions must have approval by the Vice President for University Advancement. All exceptions approved by the Vice President for University Advancement must be reported to the President within 48 hours. 4. In-kind gifts, contributions other than cash, check or other readily negotiable security, retained in a department, program, activity center, or other University facility, should be reported by completing the "Gift-in-kind Report" form and forwarding it directly to the Office of Development. A comprehensive description of the gift, background information concerning the origin of the gift, value at the time of contribution and any correspondence or wishes of the donor, along with a photograph whenever possible, should be included with the completed form. For those in-kind gifts valued at more than $5,000, a written qualified appraisal must be submitted, which has been signed and dated by a qualified appraiser. 5. All gifts, negotiable and in-kind, will be acknowledged officially on behalf of the university by the Office of Development, and may also be acknowledged by the recipient and/or the President. Departments should not generate receipts for gifts unless approved by the Vice President for University Advancement so that duplicate receipts are not produced. P-22 Appendix 6 6. Gifts received by the University and made payable to the Stephen F. Austin State University Foundation, Inc. should be forwarded to the Office of Development for transfer and deposit to the Foundation. 7. If a university solicited gift is received in the form of credit card, the cost incurred to process the gift will be assessed from the total amount of gift and the remaining portion of gift will be deposited into the appropriate account. 8. All eligible matching gift requests will be processed by the Office of Development upon recording the original gift of the donor. If any matching gifts are ineligible to be matched, the matching gift form will be rejected and forwarded to the department submitting the request. Source of Authority: President, Vice President for University Advancement Cross Reference: None Contact for Revision: Vice President for University Advancement Forms: Gift Transmittal form, Gift-in-kind Report form (available in Office of Development) P-23 Appendix 6 Gifts, Loans, Endowments, and Bequests C-16 Original Implementation: July 18, 1981 Last Revision: April 20, \999October 19, 2006 Authority to accept gifts, loans, endowments and bequests made to Stephen F. Austin State University is vested in the President of the University by the Board of Regents. Gifts, loans, endowments and bequests to any entity of the University should be reported through normal administrative channels. The President of the University has been authorized to accept gifts under the following conditions: 1. A gift, loan, endowment or bequest which may require commitment of funds, personnel, space or other resources shall be approved by the President prior to any commitment of action on behalf of the University. 2. The University is authorized, with prior approval of the President and ratification by the Board of Regents, to accept gifts or devises of real property for the establishment of scholarships, professorships and other trusts for educational purposes provided such property will not require appropriations by the Legislature for operation, maintenance, repair or construction of buildings. 3. Privacy of donor identity may be granted by the University with the exceptions noted by the Open Records Act or the Internal Revenue Service when public recognition is not desired by the donor. The terms under which any loan, endowment or bequest is offered and accepted shall be provided in a written agreement between the donor and the University. The General Counsel of the University shall review any bequests made to the University prior to acceptance by the President. All original deeds of trust, wills, endowments, original records, etc., should be forwarded to the Vice President for University Advancement for safekeeping. The Vice President for University Advancement is the primary source of contact with people in the private sector for purposes of soliciting private funds. No individual or company may be solicited for any gift, loan, endowment, or bequest by any member of the faculty or staff of the University until that individual has presented the Vice President for University Advancement with a copy of the proposal or request for funds. Research grants or performance contracts which are privately funded are administered through the Office of Research Services, and are not under the provisions of this policy. P-24 Appendix 6 Acknowledgment of Gifts In order to insure accurate recording of all private support for the institution and to properly acknowledge private donors' gifts, the Vice President for University Advancement will coordinate the acknowledgment of gifts. Use of Gifts, Loans, Endowments and Bequests Gifts, loans, endowments and bequests made to Stephen F. Austin State University shall be used for the purpose designated by the donor. If a purpose is not specified by the donor, and the amount of the gift is $50,000 or more, utilization shall be as directed by the Board of Regents after consideration of recommendations by the President and the Vice President for University Advancement. If a purpose is not designated, and the amount of the gift is less than $50,000, utilization shall be as directed and approved by the President of the University. Gifts received by the University and made payable to the Stephen F. Austin State University Foundation, Incorporated, should be forwarded to the Office of Development for transfer and deposit to the Foundation. No gifts or bequests to the University may be transferred to the Stephen F. Austin State University Foundation, Inc., the Stephen F. Austin State University Alumni Association, Inc., or the Stephen F. Austin Alumni Foundation, Inc. unless the transfer of funds is approved in writing by the donor and the University President. In such cases the recipient shall use the funds in accordance with instructions given by the donor and the University President. An account of all letters of written permission by donors and transfers of gifts and bequests shall be kept by the University and shall be reported to the State Auditor. Under the authority of the Board of Regents, the President of Stephen F. Austin State University is empowered to negotiate and execute the sale of marketable securities donated to the University when such sale is directed or allowed by the donor of said securities. The proceeds of such sale shall be promptly deposited into a University account, to be used as indicated by the donor, and the details of the sale shall be reported to the Board of Regents at its next regular meeting. All in-kind or real estate gifts would require specific approval by the Board of Regents for liquidation to a University cash account. Restrictions on the expenditure of gift funds generally reside within the following three criteria: 1. A gift must be expended in accordance with the donor's wishes. 2. The expenditure of the gift funds must be for the demonstrable good of the institution. 3. The expenditure must provide no private gain to either the donor or the person controlling the expenditure of the funds. P-25 Appendix 6 The use of gift funds must meet all three criteria collectively. Some specific examples of expenditures from unrestricted gifts that may be for the demonstrable good of the institution, without private gain for the individual expending the funds, are as follows: 1. awards that recognize or promote faculty development, excellence in teaching, academic achievement, athletic achievement, scholarship, or service; 2. costs related to the promotion of the communication of intellectual ideas among students, faculty, staff and administrators of the University; 3. support of student events and activities sponsored by the University; 4. the recruitment of highly qualified students, faculty and staff; 5. costs related to the promotion of the exchange of ideas with community leaders regarding the role of the University and its programs in the community; 6. costs related to the conduct of accrediting agency visits, visits by other officials from other institutions or representatives outside higher education; 7. costs related to the support of continuing education activities. Examples of expenditures which may not meet the criteria established are as follows: 1. any expenditure that violates the restriction placed on the gift by the donor; 2. the procurement of private property for the personal, unofficial use of any faculty or staff member; 3. donations or other payments to a political party; 4. any other expenditure expressly prohibited by state statute. Questions concerning an expenditure meeting these criteria should be referred to the Vice President for University Advancement. Real or personal property acquired through gifts, loans, endowments or bequests is subject to the same management requirements as other State property. Disposal of any property acquired through gifts, loans, endowments or bequests shall be handled in accordance with State law and applicable University policies and procedures. Property acquired through gifts, loans, endowment or bequest can not be disposed of, sold, or transferred without written permission from the Vice President for University Advancement and the President. Publicity The Vice President for University Advancement, in coordination with the faculty/staff contact person, the donor, and the Office of Public Affairs, is responsible for coordinating all publicity related to gifts. Matching Gifts Certain foundations and companies provide gifts to the University which match contributions made by their employees. For tax purposes, certification is required from the University that the gift of the employee has been received. P-26 Appendix 6 The matching gift forms, which certify receipt of the gift, require the signature of the Vice President for Business Affairs Finance and Administration or the Vice President for University Advancement or the President. Foundation Support The Office of Development has the responsibility of performing certain support functions for the Stephen F. Austin State University Foundation, Inc. This includes receiving, receipting, acknowledging, and reporting gifts received by the Foundation, as provided in the Agreement between Stephen F. Austin State University and the Stephen F. Austin State University Foundation, Inc. Library Unrestricted gifts of books and other library related materials to Stephen F. Austin State University, not to include equipment such as tape recorders, etc., will not require the usual approval process as authorized in this policy. Definitions: 1. Gift. A gift includes the gratuitous transfer of cash, cash equivalents such as securities and negotiable instruments, and real or personal property which generates income or may be sold for cash, for the purpose of enhancing the university and its programs, without expectation of specific benefit by the donor. 2. Loan. Real or personal property furnished for the temporary use of the University. 3. Endowment. An endowment is comprised of a gift, in which the donors have stipulated that the principal must be invested and only the income used to fund a project or need. The principal remains intact in perpetuity, thereby continuing to generate income to be used by the university. Endowment funds are classified into four different categories: a. Permanent Endowments. These endowments are sometimes referred to as "true" or "pure" endowments and are assets designated by the donor to be held in perpetuity. The assets of this category of endowments may never be spent and income derived must be expended in accordance with the written terms and conditions established by the donor and the university. b. Term Endowment. In this category of endowments, the donor has specified that following a particular date or event, the assets of the endowment may be expended in accordance with the terms and conditions as specified. Until the passage of the specific date or event, this type of endowment will operate in a manner similar to the permanent endowment with the income used in accordance with the written terms and conditions established by the donor and the university. c. Quasi-Endowments or Quasi-Funds. The Board of Regents may, with formal action, set aside certain institutional funds to be maintained as endowments. The P-27 Appendix 6 formal action by the Board of Regents will specify the use of the assets and income derived, and set other terms and conditions relating to the fund. The Board of Regents may, with formal action, change the terms and conditions of the endowment including cessation of the endowment and the return of the assets to the original source of funding, or change the use or purpose as may be appropriate and authorized by law. d. Funds Held in Trust by Others. Some donors may choose to make income from endowment-type funds available to the university, but will leave the possession of the assets in trust with a third party. In this case, the endowment is not recorded as an asset of the university. In accordance with the Generally Accepted Accounting Principles (GAAP), the existence of the trust must be disclosed in the notes to the university's financial statements. A minimum gift of $10,000 shall be required to establish any endowment. An endowment can be initiated with an amount less than the stated minimum with the understanding that all future gifts and all income must become part of the endowment to assist in bringing the endowment assets to the $10,000 level, and if after five years from the date of the original gift, the value of the assets has not reached $10,000, the endowment may cease and the existing assets of the fund shall be transferred to a separately established Restricted Fund and expended consistent with the terms and conditions of the original gift. Specific minimum endowment levels for academic positions are established as follows: $1,000,000 - Endowed Chair or equivalent title, depending upon the area; $250,000 - Endowed Distinguished Professorship or equivalent title, depending upon the area; and $100,000 - Endowed Professorship or equivalent title, depending upon the area. 4. Bequests. Money or other property conveyed by a legal declaration of an individual's intent as to the manner in which his/her property shall be disposed of after his/her death. 5. Philanthropic sources shall be defined as individuals, partnerships, foundations, and corporations. Source of Authority: Board of Regents, President Cross Reference: None Contact for Revision: Vice President for University Advancement Forms: None P-28 Appendix 6 Local Purchase Authorization C 20.A Original Implementation: September 1, 1993 Last Revision: February 3, 2005 Services, supplies and equipment available for immediate pick up from Naeogdoehes and Luflrin vendors in amounts not exceeding $500 may be purchased through the uso of a Local Purchase Authorization (LPA). LPA forms are uniquely numbered and arc issued by number series to departments. Authorized individuals will be required to como to the Purchasing Office to pick up the forms and sign for the number series issued to Account Managers hold ultimate responsibility for LPA expenditures. By completing a Local Purchase Authorization Approved Signature Form, they may designate one or moro individuals to issue LPAs on behalf of their account(s). The Account Manager or his/her designee is responsible for: 1. |
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