August 7, 2020

Minutes of the Board of Governors
Missouri State University
August 7, 2020, 8:30 a.m.
https://us02web.zoom.us/j/85285659398

Roll Call
Present – Mr. Craig Frazier, Chair
Ms. Amelia “Amy” Counts, Governor
Mr. Gabriel Gore, Governor
Ms. Beverly Miller Keltner, Governor
Ms. Lynn Parman, Governor
Ms. Carol Silvey, Governor
Ms. Carrie Tergin, Governor
Mr. Jay Wasson, Governor
Mr. Chris Waters, Governor
Mr. Briar Douglas, Student Governor

Also present – Clifton M. Smart III, President
Jim Baker, Vice President for Research and Economic Development & International Programs
Donna Christian, Director of Internal Audit and Risk Management
Jeff Coiner, Chief Information Officer
Ryan DeBoef, Chief of Staff and Assistant to the President for Governmental Relations
Rachael Dockery, General Counsel and Chief Compliance Officer
Brent Dunn, Vice President for University Advancement
Frank Einhellig, Provost
Steve Foucart, Chief Financial Officer
David Hough, Dean of the College of Education
Dennis Lancaster, Interim Chancellor of the West Plains Campus
Kyle Moats, Director of Athletics
Matt Morris, Vice President for Administrative Services
Wes Pratt, Chief Diversity Officer and Assistant to the President
Suzanne Shaw, Vice President for Marketing and Communications
Dee Siscoe, Vice President for Student Affairs
Rowena Stone, Secretary to the Board of Governors

Presiding – The presiding officer for the meeting was Mr. Craig Frazier, Chair of the Board of Governors. He called the meeting to order at 8:33 a.m. via Zoom webinar.

Approval of Minutes – Mr. Frazier mentioned that the first order of business was the approval of minutes for the open and closed meetings that took place on June 18 and 19, 2020. Ms. Carol Silvey so moved, receiving a second from Ms. Beverly Miller Keltner.

Motion passed 9-0.

Consent Agenda – Mr. Frazier noted that the next item of business on the agenda was the approval of the Consent Agenda.  The items included in the Consent Agenda:

President
Approval of FY2020/2021 Employment Agreements for Assistant Coaches and Administrators (Human Resources No. 1654-20)

West Plains Campus
Approval of Actions Concerning Academic Employees (West Plains Campus Personnel No. 452-20)

Approval of Actions Concerning Non-Academic Employees (West Plains Campus Personnel No. 453-20)

Approval of Proposed Revisions to the Faculty Handbook (West Plains Faculty Policy No. 21-20)

Procurement and Financial
Approval of Procurement Activity Report (Purchasing Activity Report No. 491-20)

Facilities and Equipment
Approval of Activity Report for the Month of June 2020 (Activity Report No. 311-20)

Approval of an Intergovernmental Agreement Regarding Law Enforcement Services with Missouri State University for Fiscal Year 2021 (Agreement No. 440-20)

Human Resources
Approval of Actions Concerning Academic Employees (Human Resources No. 1655-20)

Approval of Actions Concerning Non-Academic Employees (Human Resources No. 1656-20)

Approval of Employees placed on 2/3 Pay (Human Resources No. 1657-20)

Ms. Lynn Parman made a motion to approve the Consent Agenda, receiving a second from Ms. Miller Keltner.

Motion passed 9-0.

President’s Report – President Smart introduce Dr. Dennis Lancaster, Interim Chancellor of the West Plains campus. Dr. Lancaster provided information on his work experience and history with the West Plains campus.

Report on Reopening Plans – President Smart then shared information on the university’s reopening plans. Highlights of his report included residence hall move-in, procurement of temporary housing options, updates on fall classes, the creation of the COVID‑19 Response Team, the new COVID‑19 website and updated Return to Campus Guide, and contingency plans should the pandemic worsen.

President Smart shared that move-in has already begun and will continue to take place over the next week in order to facilitate social distancing. He reported that all 94 residence hall assistants and staff were tested with no positive tests results. Students will be allowed only one person to help with moving in at a time. Everyone involved with move-in, including students and their families, will be required to wear a mask. Move-in related activities and annual large events will be modified into smaller events to take place throughout the week. These activities provide students with a variety of opportunities and activities to engage new students in campus life.

He shared plans for isolating and quarantining students who live in the residence halls through the fall semester. The university has designated space for students testing positive for COVID‑19 and separate space available for students who must quarantine but that have not tested positive. Originally, Kentwood Hall and additional space leased at Bear Village was to be used for both purposes, but over the summer, the university realized additional space would be needed. President Smart discussed the walk on resolution of the approval of the purchase of short-term housing options with University Plaza Hotel and The Q. Beginning September 1, the university would have possession of The Q in its entirety for 45 days at a cost of $478,800 and the option to rent rooms at University Plaza Hotel at a rate of $85 per day. Both locations would offer internet, linen services, parking, and three meals per day for students. He shared that the plan is to house all students testing positive in The Q and students not testing positive but needing to quarantine at University Plaza Hotel. He commented that the plan would be adjusted as needed with quarantine and isolation changes occurring throughout the semester. President Smart asked for approval of the additional procurement activity report (Purchasing Activity Report No. 492-20).

Ms. Miller Keltner made a motion for approval, receiving a second from Ms. Silvey.

Motion passed 9-0.

President Smart shared updates about fall classes. He stated that while there will be more online and hybrid classes offered, an array of traditional seated classes will also be available. He shared that several changes for course offerings are a result of Springfield Public School’s (SPS) reopening plan. Under SPS’s plan, parents must choose to enroll their students in a full-time virtual learning option or an in-person learning option. The in-person option requires students to participate in seated classes two days per week and virtually three days per week. These plans create a scheduling hardship for many employees who have school-aged children. In response, the university took two actions to help make the situation work for employees:

For staff, supervisors were advised to be flexible in accommodating staff members’ scheduling needs. The university has a variety of resources available to make the flexibility possible. Resources include flextime, telecommuting, and leave options. In addition to traditional sick and vacation leave, temporary policies are in place to provide employees with up to 12 weeks of partially paid leave to care for their children if schools close.

For faculty, more classes were moved to hybrid models. Specifically, with very few exceptions, the university allowed faculty to convert 200 level or higher classes to a hybrid model where the class meets in person only once each week.  The remainder of the class can then be delivered online, through Zoom, or using some other alternative modality.  This allows many faculty members to move some or all of their seated classes to the days their children are in school.

President Smart shared that feedback from prospective students indicated many freshmen have a strong preference for taking seated classes. He stated that because there were still students and families concerned about seated classes, an online pathway was developed for freshmen for the fall semester. This pathway allows students to start seated classes in the spring and stay on pace to graduate in four years. He commented that while the university does not expect many freshmen to choose this online option, it was important to make it available.

President Smart’s next update was on the COVID‑19 Response Team that was created to handle on-the-ground work related to the coronavirus. When a member of the campus community tests positive for COVID‑19 or has been exposed to someone with COVID‑19, they will be instructed to contact the response team.  The team will advise the employee or student on how to isolate or quarantine and coordinate university resources for the student. The team will maintain contact with the student to check on their health and be sure their needs are met.  The team will also assist the health department in contact tracing for members of the campus community.

President Smart shared updates on communications related to COVID‑19 with the university community. He explained that while communications will continue in Clif’s Notes, Inside Missouri State, texts, emails, and other typical strategies, main communications about coronavirus will be on the COVID‑19 webpage that was started in March. The webpage contains an archive of email communications about coronavirus, temporary policies, the number of cases on campus, and information on how to contact the COVID‑19 Response Team. He highlighted the updated Return to Campus Guide which is accessible via the webpage. The guide contains information on the university’s policies and protocols for operations during the fall. Lastly, he shared that there is a frequently asked questions page that provides practical examples of situations that students, faculty, and staff may encounter during the semester.

President Smart then covered campus contingency plans. He shared that the university will not plan to close down as it did in the spring semester. He explained that the university will constantly evaluate relevant data to determine if and when the balance has shifted and operations must be modified. Criteria used when evaluating will include isolation and quarantine space available, absenteeism of faculty, staff, and students, campus case data, access to adequate COVID‑19 testing and other critical resources, directives and guidance from health officials and federal, state, and local governments, and trends among peer institutions in higher education. He added that the Board would be consulted every step of the way.

President Smart then presented the Board with two masking policy options. He shared that earlier in the summer, a temporary masking policy was put in place that required masks to be worn in academic buildings and in classrooms in non-academic buildings. Offices and departments in non-academic buildings were allowed to make their own decisions on whether to require a mask and individual faculty and staff members were allowed to decide whether masks must be worn in their private offices. Since that policy was put in place, numerous studies have confirmed the effectiveness of masking, and cities and universities throughout the country have adopted more rigorous masking requirements. President Smart outlined both masking policy options. The first option would require masks in all buildings on campus except residence halls, dining halls, and indoor exercise areas. The second option would require masks in all buildings on campus except while eating in a dining hall, inside residential rooms or apartments, and while exercising at indoor exercise facilities. He shared results from polls completed at employee and student town hall meetings regarding where masks should be required on campus. Option two was the most popular receiving 85% of the vote from faculty and staff and 72% from students.

The Board discussed edits to the second masking policy. Edits included moving the second paragraph of the masking requirement section to the exceptions section and that social distancing requirements would be added within the policy.

Mr. Gabriel Gore moved for the approval of the COVID-19 masking policy - option two (Miscellaneous No. 39-20) with the suggested edits, receiving a second from Ms. Amy Counts.

Motion passed 9-0.

President Smart presented the Board with a testing policy for approval. Under the policy, students, faculty, and staff with COVID‑19 symptoms could be tested at Magers Health and Wellness Center at no cost. The policy also states that student-athletes, certain athletics staff, residence hall staff, and anyone who has traveled internationally within the past 14 days must be tested or quarantine for 14 days before returning to campus. He stated that while not included in the policy, the university has also implemented a protocol for voluntary random testing during the fall semester. All of these tests will be administered at no cost.

Mr. Chris Waters made a motion to approve the COVID‑19 testing policy (Miscellaneous No. 40-20), receiving a second from Ms. Counts.

Motion passed 9-0.

Cost recovery efforts were then reviewed by President Smart. He shared that due to the good work of our federal and state leaders, a number of opportunities were created for the university to recover a number of costs incurred in response to the pandemic. There are restrictions around each of the funds, and it is a patchwork effort to figure out what expenses are best recovered under which fund. The university has begun submitting reimbursement requests for expenses, and a group is meeting bi-weekly to coordinate efforts to leverage these funds as effectively as possible.

President Smart then called upon Mr. Kyle Moats, Director of Athletics, to provide an update on athletics. Mr. Moats shared that since March, Missouri Valley and the Missouri Valley Football Conference have been meeting weekly to plan for the upcoming fall. Many of the decisions have been based on guidelines set forth by local governments, the university, and the NCAA. He shared that the Valley’s guiding principles used in making decisions include health and safety, ethical decision making, student athlete experience, and quality of competitive experience. Mr. Moats stated that the Missouri Valley athletics directors and the joint committee recommended to university presidents to push back the start of fall sports to September 18 with most practices coinciding with the first day of school. The university presidents approved the recommendation. He shared that a working group for competition, consisting of athletic trainers, facility administrators, and athletic directors, was created to establish consistent guidelines for teams traveling to compete. He stated that guidelines will be administered by the athletics trainers and include temperature screenings, locker room protocol, testing, eliminating handshakes, no switching of team benches, virtual media conferences, no food in locker rooms, and laundry policies.

Mr. Moats shared that all sports activity must file the recently released NCAA return to sports form and follow their guidelines. Guidelines include weekly PCR testing, allowing student athletes to opt out without losing their scholarships, schools paying for COVID‑19 related expenses, and that if 50% or more of the teams in a particular sport cancel their season, then there will be no fall championship in that sport. Mr. Moats commented that the university’s sports are categorized as high, moderate, and low risk. High risk sports will be tested on a weekly basis, within 72 hours of competition, and moderate and low risk sports will be randomly tested.

Dr. Lancaster then provided a report on reopening plans for the West Plains campus. He shared that West Plains follows policies set on the Springfield campus and adapt them accordingly. He commented that a big concern for the West Plains campus is with residence halls. One residence hall, Grizzly House, will be solely for student athletes and all other residential students will be housed at the Grizzly Lofts. He stated that the focus of West Plains has been on the health and safety of faculty, staff, and students. A faculty and staff town hall was hosted earlier in the week where policies and masking were topics of discussion. Dr. Lancaster stated that for classes, there are multiple options for students that include seated, hybrid, and online. Lastly, Dr. Lancaster shared that volleyball and basketball have been postponed until spring, as a result, there will be no athletics on the West Plains campus during the fall.

Enrollment and Budget Updates – President Smart shared that the university has good federal and state money supporting it and that enrollment is better than expected on the Springfield campus and slightly behind on the West Plains campus. He called upon Mr. Ryan DeBoef, Chief of Staff and Assistant to the President for Governmental Relations, to provide an update on funding available to the university.

Mr. DeBoef shared that there are several pots of federal money coming from different sources at the university’s disposal. Highlights of his report included funding from the CARES Act-Strengthening Institutions Fund, CARES Act-Institutional Funds, and other various funds from the state and county. President Smart commented that the Springfield campus was planning to use $4 million of reserve funds to cover costs, but that with the federal, state, and county funds, the university will be able to restock reserves. He added that funds received will be split between the campuses per the usual formula previously approved by the Board.

President Smart called upon Dr. Rob Hornberger, Associate Vice President for Enrollment Management and Services, to provide a Springfield campus enrollment update. Highlights of Dr. Hornberger’s report included enrollment numbers being better than originally anticipated, graduate enrollment being up, and that the university is doing better than national enrollment trends. He shared data on applications and admits, SOAR registrations, housing contracts, and confirmation fees and FAFSAs. He concluded his report by stating the university is encouraged and optimistic with enrollment numbers while remaining cautious. President Smart added that the budget passed presumed enrollment being down 1,500 students, and the university is in significantly better shape with now anticipating being down around 500 students.

President Smart then discussed budget updates on the Springfield campus. The university estimated it would reduce reserves by the end of FY20 to $54.7 million dollars. He shared that the university did better than estimated by $2.3 million and is starting FY21 with $57 million in reserves. He then reviewed FY21 numbers that started with an anticipated shortfall of $4 million dollars with adjustments being made for appropriations, revenue, reimbursement revenue through CARES Act funding, and salary savings with frozen positions, equaling a revised shortfall of $2.4 million dollars. He added that the adjustments did not include revenue from enrollment and that the university is in a good place for contingency planning.

President Smart called up Dr. Lancaster to provide an enrollment update on the West Plains campus. Dr. Lancaster shared that students struggled with the shift to online learning with internet accessibility being an issue for many. He commented that West Plains hopes to see an increase in numbers with plans to be open in the fall with the various course delivery modes. Dual credit numbers also decreased as a result of the pandemic with high schools closing and moving to online learning, but that the university expects to see an increase in the upcoming weeks with schools reopening.

President Smart reviewed the West Plains budget numbers, noting that there was an improvement in estimated FY20 reserves of $53,542. He added that with the enrollment decline, West Plains anticipated a FY21 shortfall of $82,075 but with the current numbers, it is now estimated around $633,320. Funding will be available through the CARES Act to recover some of the shortfall. President Smart concluded the budget update by stating no adjustment is needed to either previously approved budget at this time.

Old Business

IDEA Commons Project Update – Dr. Jim Baker provided an update on the IDEA Commons Project that included photos of the build site and renderings for the next phase of the project. JVIC 4 will be a three-floor building of 30,000 square feet with lease agreements already in place for the first two floors. He shared that the closing date on the expansion is set for August 12 with the demolition date set for August 17. Dr. Baker provided a brief update on the efactory and its expansion funding supported by an EDA grant. President Smart commended the Board for their support of these projects as they have given a particular identity to the university that allows it to connect to and invest in the community.

Onward, Upward Campaign Update – Mr. Brent Dunn, Vice President for University Advancement, provided an update on the university’s Onward, Upward campaign. Mr. Dunn shared that the public phase of the campaign opened last October with the goal of $250 million dollars. At that time, $151 million dollars had been committed and as of today, the campaign is over $200 million. He shared that the campaign is on target with an end date in 2022. 

Missouri Bicentennial Update – Mr. Dunn provided an update on Missouri State University being a member of the Missouri 2021 Bicentennial Alliance. He shared that the Alumni Association will host a series of public webinars in 2021 to explore and contemplate what’s next for the state of Missouri.

Ms. Carrie Tergin, co-chair of the statewide commission, suggested that the university host an event on August 10, 2021, to celebrate Bicentennial Day on campus. Ms. Silvey added that there is a committee in West Plains planning similar events and asked Dr. Lancaster to provide information on how the West Plains campus plans to be involved. Dr. Lancaster shared that the West Plains campus will host a series of webinars and host a bicentennial photo exhibit on campus in fall 2021.

New Business

Foundation Year-End Report – Mr. Dunn provided an overview of the Missouri State University Foundation’s year-end report. He commented that it was a great year with it being the largest year in terms of gifts in the 39-year history of the Foundation. Other highlights of his report included $24.5 million dollars in deferred gifts, a $1 million dollar grant, and several six figure gifts.

Office of Research Year-End Report – Dr. Baker provided a year-end report on sponsored projects. Highlights of his report included $29 million in research contracts, $22 million through the Foundation, and 289 of 348 proposals being granted. Dr. Baker shared data on funding received historically and commented that even though funding is down $3 million from last year, he is pleased with the numbers due to the pandemic.

Title IX Policy Revisions – Ms. Rachael Dockery, General Counsel and Chief Compliance Officer, provided historical information and an overview of revisions to university Title IX policies. She commented that everything proposed in the changes, with one or two exceptions, is mandated by the Department of Education and to be implemented by August 14. She highlighted significant changes and provided and overview of each. Ms. Dockery provided a history of Missouri State University’s policy approach and presented a resolution for approval of replacement policies G1.31 Discrimination on the Basis of a Protected Class (Board Policies No. 125-20) and Op1.02-11 Title IX Sexual Harassment Grievance Procedure Policy.

Ms. Silvey moved to approve the resolution, receiving a second from Ms. Parman.

Motion passed 9-0.

Approval of Amendments to the Employee Handbook – Mr. Matt Morris, Vice President for Administrative Services, presented a resolution for approval of amendments to the Employee Handbook for Administrative, Professional, and Support Staff employees and related policies (Human Resources No. 1658-20). He stated that revisions are legally required due to the new Title IX regulations that take effect on August 14, 2020. He added that additional revisions include language updates to be compliant with a new state law and to reflect current processes and existing practices.

Ms. Counts provided a motion for approval, receiving a second from Ms. Miller Keltner.

Motion passed 9-0.

Discussion of 2021 Board of Governors’ Officers – Mr. Frazier commented that at the next regularly scheduled Board of Governors’ meeting, nominations and approval of officers for 2021 will occur.

Other Procedural Issues – Mr. Frazier led discussion on procedural issues Board members would like to modify. President Smart added that his team will continue to try and send any PowerPoint slides to Board members prior to meeting days for review. Mr. Frazier commented that he would like to have more discussion in part of the regular Board meetings and not just in the committee meetings.

Discussion of Rescheduling Board of Governors’ Retreat – Mr. Frazier discussed rescheduling the Board of Governors’ Retreat to September. It was decided to hold an in-person retreat on Friday, September 11, 2020, beginning at 12:45 p.m. The focus of the retreat will be on finalizing the action plan for the next year and strategic planning for the next five years.

Closed Meeting – It was determined that the Board of Governors needed to meet in a closed session to consider items of business provided in the Revised Statutes of Missouri. Mr. Frazier asked if a resolution authorizing a closed meeting of the Board was prepared. Thereupon, the following resolution was presented for consideration:

BE IT RESOLVED by the Board of Governors for Missouri State University that a closed meeting with closed records and closed vote, be held during a recess of this August 7, 2020, meeting of the Board of Governors to consider items of business pursuant to:

R.S.Mo. 610.021(1). “Legal actions, causes of action, or litigation involving a public governmental body…”

R.S.Mo. 610.021(3). “Hiring, firing, disciplining or promoting of particular employees by a public government body…”

R.S.Mo. 610.021(13). “Individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment…;”

Ms. Silvey moved the approval of the resolution and Ms. Tergin seconded.

A roll call vote on the motion was as followed: those voting in favor – Governors Counts, Frazier, Gore, Miller Keltner, Parman, Silvey, Tergin, Wasson, and Waters; those voting against – none.

Mr. Frazier declared the resolution passed unanimously. The open meeting recessed at 12:41 p.m. to go into closed session.

The open meeting was reconvened at 1:40 p.m.

Adjournment – Mr. Frazier adjourned the meeting at 1:41 p.m., on the motion of Mr. Gore, the second of Ms. Counts, and the unanimous vote of the Board.

Rowena Stone
Secretary to the Board