2010 Resolutions

January 29, 2010

APPROVAL OF MINUTES:

It was moved (Thompson), and seconded (Bell), that the October 16, 2009 Board Meeting Minutes be approved. All in favor.

EXECUTIVE COMMITTEE:

COLLEGE OF CHARLESTON

RESOLUTION OF THE EXECUTIVE COMMITTEE

OF THE BOARD OF TRUSTEES

AWARDING OF DEGREES

December 4, 2009

WHEREAS, pursuant to S.C. Code Ann. § 59-130-30 the Board of Trustees of the College is constituted as a body corporate and politic and is empowered, among other things, to “confer degrees upon students and other persons as the board considers qualified;”

WHEREAS, the President has made available to the Board a preliminary list of candidates for the award of baccalaureate and graduate degrees from the several Schools of the College;

WHEREAS, each such candidate has been certified by the appropriate Dean, the Registrar, and the Provost, as Chief Academic Officer of the College, as meeting the requirements and prerequisites for the award of the appropriate degree upon the candidate’s successful conclusion of the Fall 2009 Semester;

WHEREAS, the Board has accepted such representations and certifications as being true and accurate in all material respects and has determined that all such degree candidates are so qualified for the award of their respective degrees upon the successful conclusion of the Fall 2009 semester; and

WHEREAS, all of the relevant degree-awarding programs of the College related to degrees to be awarded under this Resolution have been duly approved by the South Carolina Commission on Higher Education.

NOW THEREFORE, BE IT

RESOLVED that the Board hereby authorizes the President to confer on each and all of the aforementioned described degree candidates who have successfully completed the Fall 2009 semester, the names of each of which shall be published in the Official Program for the December 2009 Graduation Ceremony, those degrees for which they have been found qualified, together with all the rights, honors, privileges and responsibilities appertaining thereto;

RESOLVED, that the President and the Provost, or each of them, may make such adjustments to the preliminary list of candidates for the award of baccalaureate and graduate degrees from the several Schools of the College as may be necessary and appropriate to account for the actual academic performance of degree seeking candidates during the Fall 2009 semester; and

RESOLVED, that the President and Provost, and such employees as may be designated by both or either of them, are hereby authorized and directed to take any and all action as may be necessary and appropriate to implement this Resolution and effectuate its purposes.

FINANCE COMMITTEE:

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

BUDGET ADJUSTMENTS

________________________

January 29, 2010

_________________________

WHEREAS, College management has revised its projections of revenues and expenses for the year 2009-2010 and, based on that revision, has recommended certain reallocations and adjustments to the budget previously approved by the Board; and

WHEREAS, those recommended reallocations and adjustments were presented to the Board’s Finance Committee and were determined to be reasonable and appropriately supported by College management.

NOW THEREFORE, be it

RESOLVED, that the Board hereby approves the recommended reallocations and adjustments to the approved budget for year 2009-2010, as presented by College management to the Finance Committee and as further detailed in the table captioned “College of Charleston 2009-2010 Revenue and Expense Budget Adjustments December 31, 2009” contained in the Board of Trustees briefing book dated January 29, 2010; and

RESOLVED, that all actions of College management to effectuate these reallocations and adjustments prior to the effective date of this Resolution are hereby ratified and affirmed.

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The Finance Committee moves that the resolution to approve the budget adjustments for the quarter ended December 31, 2009 be approved as presented. All in favor.

Steve Osborne presented the proposed Housing and Food Service fee structure for 2010-2011. It represents an average 5% increase for housing and an average 3.7% increase for food service.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

STUDENT HOUSING FEES

________________________

January 29, 2010

_________________________

WHERAS, College management utilizes a multi-year pro-forma estimate for calculating the revenue needed to meet the operating costs of College student residence halls, as well as, debt service requirements for the facilities and other planned improvements for student resident halls;

WHEREAS, College management has advised the Board that it has reviewed its resident hall needs against pro-forma income and expenses and has determined that an increase in the student housing fee is needed to provide sufficient revenue to meet housing operational costs, debt service requirements, and future planned improvements to student residence halls; and

WHEREAS, College management has recommended that the Board increase the allowable charges on residential housing for students to the extent needed to address these matters and to maintain the quality of student residential housing services on or about the campus of the College.

NOW THEREFORE, be it

RESOLVED, that the Board hereby approves the percent increases for residential housing and related programs as indicated in the schedule captioned “College of Charleston 2010-2011 Proposed Fees (Housing and Food Services)” contained in the Board of Trustees briefing book dated January 29, 1010; and

RESOLVED, that no such increase shall become effective prior to August 1, 2010 and that the effective date of each such increase is timely communicated to the College community well in advance of the respective effective dates.

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COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

FOOD SERVICE FEES

January 29, 2010

WHEREAS, the College contracts with Aramark™ for the provision of food services on or about the campus of the College;

WHEREAS, pursuant to that contract Aramark™ provides services to meet the meal plan needs of the College on a cost reimbursable basis;

WHEREAS, College management utilizes a multi-year pro-forma estimate for calculating the revenue needed to meet the operating costs of the College food services needs, as well as, debt service requirements for the facilities and other planned improvements for student food services; and

WHEREAS, College management is recommending that the Board increase the allowable charges on certain meal plans and related programs to the extent needed to address increases in costs and maintain the quality of food services on or about the campus of the College.

NOW THEREFORE, be it

RESOLVED, that the Board hereby approves the percent increases for meal plans and related programs as indicated in the schedule captioned “College of Charleston 2010-2011 Proposed Fees (Housing and Food Services)” contained in the Board of Trustees briefing book dated January 29, 2010; and

RESOLVED, that no such increase shall become effective prior to August 1, 2010 and that the effective date of each such increase is timely communicated to the College community well in advance of the respective effective dates.

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The Finance Committee moves that the resolutions to approve the 2010-2011 fees for Housing and Food Service be approved as presented. A copy of the fees may be found behind the Finance Committee Tab. All in favor.

ACADEMIC AFFAIRS COMMITTEE:

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

PROPOSAL FOR MASTER OF BUSINESS ADMINISTRATION

January 29, 2010

WHEREAS, upon the recommendation of the President, the Provost, the Dean of the School of Business and the Faculty Senate, the Board has been requested to approve a new graduate program culminating in the award of a master’s degree entitled Master of Business Administration (the “MBA Program”);

WHEREAS, unlike other MBA programs offered in the State of South Carolina, the proposed MBA Program is designed to be a fast-track, intensive, full-time Program with a required study-abroad component and an innovative curriculum that is specifically tailored to meet the existing and emerging needs of the current economy;

WHEREAS, it is the intent of the College that the MBA Program commence in the Summer of 2010 and that it be made available both domestically and internationally; and

WHEREAS, the Board has been advised that there is sufficient student demand for such a Program and that adequate resources are available, or are likely to become available, to finance the operations and management of the Program effectively and efficiently.

NOW THEREFORE BE IT ---

RESOLVED, that the Program Proposal for the MBA Program, incorporated herein (the “Program Proposal”), is hereby approved;

RESOLVED, that the President, the Provost, and the Dean, or each of them, are hereby authorized to submit the Program Proposal to the South Carolina Commission on Higher Education pursuant to S.C. Code Ann. § 59-103-35 and to the Southern Association of Colleges and Schools (“SACS”) for such approvals as may be required under controlling laws, rules, or regulations;

RESOLVED, that the College may take such further actions as may be necessary or appropriate to secure approval of the MBA Program from such Commission and SACS and to implement the new Program, as described herein and presented to the Board through its Committee on Academic Affairs by the Provost and the Dean;

RESOLVED, that any subsequent name change to the Graduate School or to any other component of the College that may be necessary to successfully market the MBA Program or other graduate programs internationally, that is subsequently approved by the Board, shall not be deemed to affect any authority, approval or ratification made by this Resolution; and

RESOLVED, that the previous actions of the College to prepare and present the MBA Program to the Board, CHE and SACS are hereby ratified and approved in all material respects.

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“The Academic Affairs Committee moves that the Board approve the proposal for a new Masters of Business Administration degree as presented.” The motion was seconded (Busch). All in favor.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

RATIFICATION OF LOWCOUNTRY GRADUATE CENTER CONSORTIUM AGREEMENT

and

APPOINTMENT OF BOARD OF TRUSTEE REPRESENTATIVES

January 29, 2010

WHEREAS, effective November 20, 2009 the Presidents of the College of Charleston, The Citadel and the Medical University of South Carolina (“Member Institutions”) entered into a Consortium Agreement (the “Agreement”) dealing with the governance and operation of the Lowcountry Graduate Center (“LGC”);

WHEREAS, the purpose of the LGC is to provide residents of the Lowcountry graduate educational opportunities that would otherwise be unavailable or available only at significant cost or inconvenience and to address the economic and/or social needs of the Lowcountry;

WHEREAS, it is the purpose of the Agreement to recite the terms and conditions under which the Member Institutions will provide individual graduate courses or degree-awarding graduate programs of instruction at or with the assistance of the LGC;

WHEREAS, the Agreement was signed by the Presidents of the three Member Institutions after extensive deliberations and consultation with concerned parties and the opportunity for such parties to present their views and opinions;

WHEREAS, the Agreement has been forwarded by the Office of the Provost to the South Carolina Commission on Higher Education (“CHE”) for approval; and

WHEREAS, a complete and accurate copy of the executed Agreement is attached to this Resolution and is incorporated herein by this reference.

NOW THEREFORE BE IT –

RESOLVED, that the Agreement is hereby ratified and approved by the Board, subject to the subsequent approval of CHE;

RESOLVED, that the President and the Provost, or each of them, shall do all things necessary and appropriate to effectuate the Agreement and to carry out its intent;

RESOLVED, that pursuant to section 3.2 of the Agreement, the following Trustees are hereby appointed as members of the LGC Governing Board on behalf of the College of Charleston and shall serve in that capacity until their successors are appointed by this Board of Trustees: L. Cherry Daniel and G. Lee Mikell; and

RESOLVED, that in recognition of the fact that the Agreement’s initial term expires on November 20, 2010, and that State appropriations for the LGC have been and may continue to be curtailed by the State Legislature, the President and the Provost shall report to the Board, no later than October 31, 2010, on their findings and recommendation relating to the continued operations of the LGC.

**************

“The Academic Affairs Committee moves that the Board approve the Ratification of the Lowcountry Graduate Center Consortium Agreement as presented. The motion was seconded (Busch). All in favor.

NEW BUSINESS:

It was moved (Thompson), and seconded (Busch), to go into Executive Session at 11:00 a.m. to consider contractual and personnel issues. All in favor.

It was moved (Stafford), and seconded (Busch), to come out of Executive Session at 12:30 p.m. All in favor.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

AD HOC COMMITTEE

STRATEGIC PLAN FINANCING

January 29, 2010

WHEREAS, by Resolution dated October 16, 2009 the Board approved the Strategic Plan of the College of Charleston;

WHEREAS, that Resolution also called on the President of the College to present, for further consideration by the Board, a new financial model that is needed to finance the successful implementation of the Plan;

WHEREAS, the President has developed and continues to develop such alternative models for consideration by the Board; and

WHEREAS, the Board is of the opinion, and the President fully concurs, that the process of identifying, developing, evaluating and presenting various options for deliberation by the Board would be facilitated by the establishment of an Ad Hoc Committee on Strategic Plan Financing.

NOW THEREFORE, BE IT –

RESOLVED, pursuant to Section G. of the By-Laws, the Board hereby establishes an Ad Hoc Committee on Strategic Plan Financing;

RESOLVED, that the Members of the Ad Hoc Committee shall be:

Voting Members (Trustees):

Greg Padgett, Chair

Larry Miller

Philip Bell

Frank Gadsden

Non-voting Members:

P. George Benson, President

Stephen C. Osborne, Executive Vice President for Business Affairs

RESOLVED, that the Ad Hoc Committee shall develop, evaluate and describe options to finance the Strategic Plan to the Board;

RESOLVED, that the Ad Hoc Committee, as requested by the Chair of the Board, shall report to the entire Board of Trustees on the nature and extent of its activities and on its conclusions and recommendations regarding various financial options under consideration;

RESOLVED, that the Chair of the Ad Hoc Committee may convene such meetings and conduct such business as he may deem appropriate to carry out this Resolution, provided that, all such meetings shall be held in conformity with the By-Laws as they pertain to all other Committees of the Board and, further, shall be held in a manner that is consistent with the South Carolina Freedom of Information Act;

RESOLVED, that the Ad Hoc Committee may meet for no other purpose, and shall take no other action other than as specifically provided for in this Resolution; and

RESOLVED, that the Ad Hoc Committee shall be deemed dissolved as of the date that the Board approves the operating budget for the fiscal year commencing on July 1, 2010.

***********

It was moved (Gadsden), and seconded (Bell), that the Resolution to establish an Ad Hoc Committee on Strategic Plan Financing be approved as presented. All in favor.

It was moved (Thompson), and seconded (Stafford), that Lucy Beckham be awarded an Honorary Degree during the May 2010 Graduate School Commencement Ceremony. All in favor.

There being no further business, it was moved (Thompson), and seconded (Padgett), that this meeting of the Board be adjourned at 12:30 p.m.

April 16, 2010

APPROVAL OF MINUTES:

It was moved (Bell), and seconded (Stafford), that the minutes of the following meetings be approved:

● January 29, 2010 Board Meeting

● Ad Hoc Committee on Board Officer Elections meeting on February 26, 2010

● Ad Hoc Committee on Strategic Plan Financing meetings on February 11, 2010 and March 15, 2010, and the

● Board Retreat on March 30, 2010

All in favor.

FINANCE COMMITTEE:

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

BUDGET ADJUSTMENTS

________________________

April 16, 2010

_________________________

WHEREAS, those recommended reallocations and adjustments were presented to the Board’s Finance Committee and were determined to be reasonable and appropriately supported by College management.

NOW THEREFORE, BE IT

RESOLVED, that the Board hereby approves the recommended reallocations and adjustments to the approved budget for year 2009-2010, as presented by College management to the Finance Committee and as further detailed in the table captioned “College of Charleston 2009-2010 Revenue and Expense Budget Adjustments March 31, 2010” contained in the Board of Trustees briefing book dated April 16, 2010; and

RESOLVED, that all actions of College management to effectuate these reallocations and adjustments prior to the effective date of this Resolution are hereby ratified and affirmed.

**************

The Finance Committee moves that the resolution to approve the budget adjustments for the quarter ended March 31, 2010 be approved as presented. All in favor.

The Finance Committee received, as information, a proposal to establish an ECOllective fund for sustainability fee. This proposal was developed, and brought to the Board, by a group of students representing the President’s Sustainability Committee and Alliance for Planet Earth. The fee will be presented as part of the regular tuition and fees at the June Board meeting.

Steve Osborne presented the proposed MBA fee structure for 2010-2011. It represents a program fee of $13,000 in addition to the regular in-state and out-of-state tuition and fees associated with graduate level courses.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

FEES FOR MASTER OF BUSINESS ADMINISTRATION

April 16, 2010

WHEREAS, by Resolution dated January 29, 2010 the Board approved a new graduate program culminating in the award of a master’s degree entitled Master of Business Administration (the “MBA Program”);

WHEREAS, at its meeting held on April 2, 2010, the MBA Program has been approved by the Academic Affairs and Licensing Committee of the South Carolina Commission on Higher Education (“Commission”) and final action by the entire Commission is scheduled on May 6, 2010;

WHEREAS, it is the intent of the College that, once approved by the Commission, the MBA Program commence in the Summer of 2010 and that it be made available both domestically and internationally;

WHEREAS, the College intends to market and promote the MBA Program subsequent to the Commission’s approval but prior to the Board’s approval of the College budget for the fiscal year commencing on July 1, 2010; and

WHEREAS, it is therefore necessary for the Board to now approve the fees for the MBA Program for the period 2010-2011 so that appropriate notice of fees can be provided to potential MBA Program participants for this period.

NOW THEREFORE BE IT ---

RESOLVED, that upon the approval of the MBA Program by the Commission on Higher Education the following MBA program fee shall be applicable for the 2010-2011 student cohort to commence on July 1, 2010:

South Carolina Residents – approved in-State graduate tuition and fees then in effect, plus a total of $13,000, $4,000 of which shall be due and payable for the Summer 2010 semester, and $4,500 of which shall be due and payable for each of the following two semesters, Fall 2010, and Spring 2011; and

South Carolina Non-Resident – approved out-of-State graduate tuition and fees then in effect, plus a total of $13,000, $4,000 of which shall be due and payable for Summer 2010 semester, and $4,500 of which shall be due and payable for each of the following two semesters, Fall 2010, and Spring 2011; and

RESOLVED, that the President and the Provost, and such employees as may be designated by both or either of them, are hereby authorized and directed to take any and all action as may be necessary and appropriate to implement this Resolution and effectuate its purposes

****************

The Finance Committee moves that the resolution to approve the 2010-2011 fees for Master of Business Administration be approved as presented. All in favor.

The Finance Committee moves that the resolution to approve the 2010-2011 fees for the REACH Program be approved as presented. A copy of the resolution can be found in the Academic Affairs Committee Report. All in favor.

ACADEMIC AFFAIRS COMMITTEE:

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

RE-NAMING THE JOE RILEY INSTITUTE FOR URBAN AFFAIRS AND POLICY STUDIES
to

THE JOSEPH P. RILEY, JR. CENTER FOR LIVABLE COMMUNITIES

_________________________

April 16, 2010

__________________________

WHEREAS, upon the recommendation of the President, the Provost, and the Dean of the School of Humanities and Social Sciences, the Board has been requested to approve re-naming the Joe Riley Institute for Urban Affairs and Policy Studies to The Joseph P. Riley, Jr. Center for Livable Communities (the “Riley Center”) and to approve a revised mission statement for the Riley Center;

WHEREAS, through the Limited License and Consent attached hereto and incorporated into this Resolution, Joseph P. Riley Jr., Mayor of the City of Charleston, has granted the College his legal authorization for the naming of the Riley Center;

WHEREAS, the Board has been advised that the advisory board to the Riley Center unanimously voted to recommend re-naming of the Center, as first stated above;

WHEREAS, the advisory board has also unanimously agreed that the mission statement of the Riley Center should be revised to better reflect the Mayor’s legacy of initiating programs and projects designed to develop and maintain livable communities in urban, suburban, and rural environments while maintaining the historic and cultural integrity of the area; and

WHEREAS, the Board commends Mayor Riley for his many contributions to the planning, development, promotion and preservation of livable communities and intends that the Riley Center, through its varied programs and activities, share Mayor Riley’s history of achievement with communities in the state of South Carolina and beyond.

NOW THEREFORE BE IT - - -

RESOLVED, that the Joe Riley Institute for Urban Affairs and Policy Studies is hereby renamed The Joseph P. Riley, Jr. Center for Livable Communities and that the Center may also be referred to as “The Riley Center” or the “Riley Center” or any derivation of the foregoing, as the President may deem appropriate;

RESOLVED, that the mission of the Riley Center shall be to promote and sustain Mayor Riley’s history of achievement dedicated to initiating programs and projects designed to develop and maintain livable communities in urban, suburban, and rural environments while maintaining the historic and cultural integrity of the area;

RESOLVED, that the Provost shall prepare a detailed mission statement and a plan for execution of that statement that are consistent with this Resolution, to be presented to the Board’s Committee on Academic Affairs;

RESOLVED, that the President shall cause a copy of this Resolution, properly endorsed by the Secretary of the Board, to be presented to Mayor Riley; and

RESOLVED, that the President may take such further actions as may be necessary or appropriate to carry out this Resolution and to achieve its purposes.

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The Academic Affairs Committee moves that the resolution to re-name the Joe Riley Institute for Urban Affairs and Policy Studies to The Joseph P. Riley, Jr. Center for Livable Communities be approved as presented. All in favor.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

PROPOSAL FOR BACHELOR OF ARTS

COMPUTING IN THE ARTS (CITA)

_________________________

April 16, 2010

__________________________

WHEREAS, upon the recommendation of the President, the Provost, the Interim Dean of the School of Sciences and Mathematics, and the Faculty Senate, the Board has been requested to approve a new Bachelor of Arts major to be named “Computing in the Arts” (the “Major”) that would commence in the Fall 2010 Semester and be sited in the School of Sciences and Mathematics;

WHEREAS, the Board has been advised that the new Major is an integrated program in the sciences and the arts and is designed to prepare graduates to “model processes, particularly those in arts applications; investigate, visualize, speculate, and invent using computing and computational thinking; synthesize innovative software applications and media combining music, images, sounds, lighting and stage design, and other digital artifacts; and explore the potential of computational thinking and its influence on society;” and

WHEREAS, the Board has also been advised that there is sufficient student demand for such a Major, and that adequate resources are available, or are likely to become available, to finance the operations and management of the new Major effectively and efficiently.

NOW THEREFORE BE IT - - -

RESOLVED, that the President and the Provost, or either of them, are hereby authorized to submit the new Major to the South Carolina Commission on Higher Education pursuant to S.C. Code Ann. § 59-103-35 and to the Southern Association of Colleges and Schools (“SACS”) for such approvals as may be required under controlling law or regulation; and

RESOLVED, that the College may take such further actions as may be necessary or appropriate to secure approval of the Major from such Commission and the SACS and to implement the new Major, as described herein and presented to the Board through its Committee on Academic Affairs by the Provost.

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The Academic Affairs Committee moves that the resolution to approve the Bachelor of Arts degree in Computing in the Arts (CITA) be approved as presented. All in favor.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

PROPOSAL FOR NEW MAJOR IN JEWISH STUDIES

_________________________

April 16, 2010

__________________________

WHEREAS, upon the recommendation of the President, the Provost, the Dean of the School of Languages, Cultures, and World Affairs, and the Faculty Senate, the Board has been requested to approve a new Bachelor of Arts major to be named “Jewish Studies” (the “Major”) that would commence in the Fall 2010 Semester and be sited in the School of Languages, Cultures, and World Affairs;

WHEREAS, the Board has been advised that the new Major is designed to enable students to “acquire a sophisticated understanding of the historical, religious, philosophical, literary, sociological, and linguistic components that constitute the Jewish experience, as well as an armory of interpretative and analytical skills that can be applied within and across a broad range of disciplines;” and

NOW THEREFORE BE IT - - -

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The Academic Affairs Committee moves that the resolution to approve the Bachelor of Arts degree in Jewish Studies be approved as presented. All in favor.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

PROPOSAL FOR NEW MAJOR IN

HISTORIC PRESERVATION AND THE BUILDING ARTS

_________________________

April 16, 2010

__________________________

WHEREAS, upon the recommendation of the President, the Provost, the Dean of the School of the Arts, and the Faculty Senate, the Board has been requested to approve a new Bachelor of Arts major to be named “Historic Preservation and the Building Arts” (the “Major”) that would commence in the Fall 2011 Semester and be sited in the School of the Arts;

WHEREAS, the Board has been advised that the new Major is designed to prepare graduates to “maintain historic houses, prolong their life and construct new (potentially historic) buildings and their accoutrements;” and

NOW THEREFORE BE IT - - -

RESOLVED, not later than 12 months after the effective date of this Resolution, and annually thereafter, the Provost shall review the operations of the Major and issue a report to the Board that includes, at minimum: (a) the number of students enrolled in the Major; (b) number of graduates; (c) annual budget for the Major; and (d) recommendations from the administration on the feasibility of continuing the Major;

RESOLVED, not later than July 1, 2020, the Major shall be discontinued and no further students admitted to the degree program unless the Major is reauthorized by the Board no later than December 2016 upon recommendations received by the Board from the administration;

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The Academic Affairs Committee amended the resolution on the New Major in Historic Preservation and the Building Arts to add the same provisos placed by the Faculty Senate – that the program be reviewed in 2016 to determine if it should continue, to phase it out by 2020 if that is the decision to review the program annually and to report annually to the Board of Trustees. The Committee moves that the amended resolution be approved as presented. All in favor.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

PROPOSAL FOR NEW GRADUATE CERTIFICATE PROGRAM IN

GIFTED AND TALENTED EDUCATION

_________________________

April 16, 2010

__________________________

WHEREAS, upon the recommendation of the President, the Provost, the Dean of the School of Education, Health, and Human Performance, the Dean of the Graduate School, and the Faculty Senate, the Board has been requested to approve a new graduate-level Certificate Program to be named “Certificate in Gifted and Talented Education” (the “Certificate Program”) that would commence in the 2010 Fall Semester and be sited in the Graduate School;

WHEREAS, while the College cannot grant teacher certifications, the Board has been advised that the new Certificate Program is designed to provide teachers with the academic credentials required by the South Carolina Department of Education for the certification of gifted and talented educators in South Carolina and that the new Certificate Program will provide teachers “with a focused program of study for the purpose of credential advancement;” and

WHEREAS, the Board has also been advised that there is sufficient student demand for such a Certificate Program, and that adequate resources are available, or are likely to become available, to finance the operations and management of the new Certificate effectively and efficiently.

NOW THEREFORE BE IT - - -

RESOLVED, that the President and the Provost, or either of them, are hereby authorized to submit the new Certificate Program to the South Carolina Commission on Higher Education (“Commission”) pursuant to S.C. Code Ann. § 59-103-35 and to the Southern Association of Colleges and Schools (“SACS”) for such approvals as may be required under controlling law or regulation;

RESOLVED, that Certificate Program materials shall provide such notification to potential and actual Certificate candidates, as may be appropriate, to advise that the award of the Certificate is not equivalent to Department of Education certification; and

RESOLVED, that the College may take such further actions as may be necessary or appropriate to secure such approvals for the Certificate Program from the Commission and the SACS as may be required and to implement the new Certificate Program, as described herein and presented to the Board through its Committee on Academic Affairs by the Provost.

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The Academic Affairs Committee moves that the resolution to approve a new graduate certificate program in Gifted & Talented Education be approved as presented. All in favor.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

AWARDING OF DEGREES

April 16, 2010

WHEREAS, pursuant to S.C. Code Ann. §59-130-30 the Board of Trustees of the College is constituted as a body corporate and politic and is empowered, among other things, to “confer degrees upon students and other persons as the board considers qualified;”

WHEREAS, the President has made available to the Board a preliminary list of candidates for the award of baccalaureate and graduate degrees from the several Schools of the College and the University of Charleston, South Carolina;

NOW THEREFORE, BE IT

RESOLVED, that the Board hereby authorizes the President to confer on each and all of the aforementioned described degree candidates who have successfully completed the Spring 2010 semester, the names of each of which shall be published in the Official Program for the May 2010 Graduation Ceremony, those degrees for which they have been found qualified, together with all the rights, honors, privileges and responsibilities appertaining thereto;

RESOLVED, that the President and the Provost, or either of them, may make such adjustments to the preliminary list of candidates for the award of baccalaureate and graduate degrees from the several Schools of the College, as may be necessary and appropriate to account for the actual academic performance of degree seeking candidates during the Spring 2010 semester; and

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The Academic Affairs Committee moves that the resolution to approve awarding of graduate and undergraduate degrees in May 2010 be approved as presented. All in favor.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

PROPOSAL FOR THE REALIZING EDUCATIONAL AND CAREER HOPES

(R.E.A.C.H.) REACH PROGRAM

_______________________________

April 16, 2010

_______________________________

WHEREAS, upon the recommendation of the President, the Provost, and the Dean of the School of Education, Health, and Human Performance, the Board has been requested to approve the Realizing Educational and Career Hopes Program (“R.E.A.C.H. Program”) that would commence in the Fall 2010 Semester and be sited in the Academic Experience component of the Office of Academic Affairs;

WHEREAS, the R.E.A.C.H. Program is a 4-year inclusive educational program for individuals with intellectual disabilities (as defined by the American Association on Intellectual and Developmental Disabilities) who have expressed the interest and motivation and have the skill level to successfully pursue certain educational, employment and life experiences through post-secondary education;

WHEREAS, the R.E.A.C.H. Program offers an academic component that is limited to permitting R.E.A.C.H. students (“R.E.A.C.H. Students”) to enroll in regular College courses on an audit basis and receive non-credit continuing education units;

WHEREAS, the R.E.A.C.H. Program includes an independent living component whereby some R.E.A.C.H. Students will reside on-campus in a College historical house with other College students who wish to experience an inclusive residential environment, while other R.E.A.C.H. Students will reside off campus and receive Life Skills instruction;

WHEREAS, upon successful completion of the inclusive R.E.A.C.H Program R.E.A.C.H. Students will receive a Certificate of Achievement;

WHEREAS, R.E.A.C.H. Students will not be included in enrollment data submitted by the College to the South Carolina Commission on Higher Education (CHE) or the Integrated Postsecondary Education Data System (IPEDS), nor be included in any state or federal formula funding for the College;

WHEREAS, the College is the recipient of a Transition and Postsecondary Education Program grant award from the College Transition Connection (CTC) for the provision of planning and seed funds for the development of a postsecondary education program for the R.E.A.C.H. Program (the “Grant Award”);

WHEREAS, the Grant Award will be used in accord with the grant application and award instrument to train faculty to modify coursework and assignments for R.E.A.C.H. Students, but that class instruction and content will not be modified in form or substance for regularly enrolled students to accommodate R.E.A.C.H. Students in the same class;

WHEREAS, the R.E.A.C.H. Program is fully funded through the Grant Award and recommended Program fees and other fees to be paid by the R.E.A.C.H. Students, or paid on their behalf by their parents, legal guardians or fiduciaries, and the College has advised the Board that such resources will be adequate to finance the operations and management of the R.E.A.C.H. Program as intended and as described to the Board’s Committee on Academic Affairs; and

WHEREAS, the Board has been further advised that the College intends to qualify the R.E.A.C.H. Program as a recognized Certificate Program upon the approval of an application to be submitted to the United States Department of Education authorizing the College to offer a “Comprehensive Transition and Postsecondary Program for Students with Intellectual Disabilities,” within the meaning of the Higher Education Opportunity Act, Public Law 110-315 (2008), thereby allowing the College to include such a Certificate Program in its inventory of eligible programs for Title IV, Higher Education Act financial aid programs (Federal Pell Grant, FSEOG and Federal Work Study programs).

NOW THEREFORE BE IT - - -

RESOLVED, that the President and the Provost, or either of them, are hereby authorized to implement the R.E.A.C.H. Program at the College in accordance with this Resolution;

RESOLVED, that R.E.A.C.H. Students may audit courses at the College and be designated as receiving non-credit continuing education units;

RESOLVED, that course assignments and content may be modified for R.E.A.C.H. Students, provided that class instruction and content shall not be modified in form or substance for regularly enrolled students to accommodate R.E.A.C.H. Students in the same class;

RESOLVED, that faculty and enrolled students shall be adequately trained prior to participating in the administration or management of the R.E.A.C.H. Program if such administration or management will require that such faculty or students have direct contact with R.E.A.C.H. Students;

RESOLVED, that the College keep the CTC timely informed of all material changes to the management and administration of the R.E.A.C.H. Program that may vary from the Grant Award application and award instrument and that the College seek approvals for such changes as may be appropriate;

RESOLVED, that for the period ending on May 31, 2011, the College may charge the following annual (two full semesters) fees to R.E.A.C.H. Students for participation in the R.E.A.C.H. Program:

General Program Fees: $16,000 (South Carolina Resident); $24,000 (non-South Carolina Resident)

Residential Support: $3,300 (Participants Residing in College Provided Housing)

Life Skills Instruction: $1,600 (Participants Not Residing in College Provided Housing)

Room and Meal Plan: Same Rates Applicable to Enrolled Students;

RESOLVED, not later than 12 months after the effective date of this Resolution the Provost shall issue a report to the Board on the operations of the R.E.A.C.H. Program including, but not limited to: (a) the number of R.E.A.C.H. Students and their respect states of residency; (b) the anticipated and actual outcomes of the R.E.A.C.H. Program; (c) standards for measuring academic progress; (d) comments from faculty and R.E.A.C.H. Program administrators on the management and administration of the R.E.A.C.H. Program; (e) status of the pending application with the United States Department of Education; and (f) the income and expenses of the R.E.A.C.H. Program; and

RESOLVED, that the President and the Provost, or either of them, are hereby authorized to submit an application to the United States Department of Education for approval to offer a Comprehensive Transition and Postsecondary Education Program for Students with Intellectual Disabilities; and that such a Program, upon further action of this Board, shall be recognized as a Certificate Program.

***********

The Academic Affairs Committee moves that the resolution to approve the R.E.A.C.H. Program be approved as presented. All in favor.

NEW BUSINESS:

It was moved (Thompson), and seconded (Bell), to go into Executive Session at 1:20 p.m. to consider contractual and personnel issues. All in favor.

It was moved (Thompson), and seconded (Bell), to come out of Executive Session at 2:05 p.m. All in favor.

It was moved (Thompson), and seconded (Bell), that the meeting be adjourned at 2:10 p.m.

June 7, 2010

MEETING OF THE FINANCE COMMITTEE:

RESOLUTION

TUITION AND FEES

And

BUDGET

FOR

ACADEMIC YEAR 2010-2011

WHEREAS, College management has presented the Board with recommendations regarding adjustments to student tuition and fees for the 2010-2011 Academic Year;

WHEREAS, by Resolution adopted on October 16, 2009, the Board approved the College of Charleston Strategic Plan (“Plan”) and resolved that “the President shall present to the Board for its further consideration a new financial model needed to finance the successful implementation of the Plan;”

WHEREAS, the President has complied with that Resolution and has submitted to, and discussed with the Board a new financial model to finance College operations that emphasizes charitable giving, entrepreneurship and sponsored research and that recommends the adoption of a tuition and fee structure commensurate with the value of the educational opportunities currently afforded our students and the increased value that will be realized by our students through implementation of the Plan;

WHEREAS, by Resolution dated January 29, 2010, the Board also adopted a Resolution to establish an Ad Hoc Committee on Strategic Plan Financing, Chaired by Trustee Greg Padgett, and consisting of Trustees Larry Miller, Philip Bell, and Frank Gadsden, as well as, the President and the Executive Vice President for Business Affairs;

WHEREAS, the purpose of the Ad Hoc Committee was to consider “a new financial model that is needed to finance the successful implementation of the Plan” and the Committee has now completed its work and has reported to the entire Board;

WHEREAS, the Board has reviewed the recommendations of College management and the College’s supporting financial statements, analysis, and a three-year projection of needed revenue and required expenses associated with timely implementation of the Plan;

WHEREAS, College management is of the opinion that its tuition and fee recommendations for the 2010-2011 Academic Year are needed to initially fund the first year of the Plan’s start-up phase, are reasonable and fully consistent with the ten year objectives of the Plan and, further, take into account the continuing reduction in State support for the College, its tuition level relative to other public institutions of higher education in the State, and the deferred operational and capital needs of the College;

WHEREAS, the Board and College management have rejected budget alternatives that would require the material reduction of those academic programs, student services or strategic investments considered to be in the best interest of our students;

WHEREAS, the College has already taken and continues to take prudent and aggressive cost saving measures that are designed to achieve economy and efficiencies in operations while not adversely affecting either the quality of the College's academic programs nor the students' educational experience;

WHEREAS, the Board has encouraged the College to expand and continue such cost saving measures and to periodically report on these activities to the Board and to the entire College community; and

WHEREAS, in consideration of the foregoing the Board has determined that the tuition and fee adjustments for the 2010-2011 Academic Year contained in this Resolution, and the concomitant annual budget for such year submitted to the Board by College Management, are both reasonable and necessary.

NOW THEREFORE, BE IT ---

RESOLVED, that for the 2010-2011 Academic Year College management is hereby authorized and directed to increase undergraduate and graduate tuition from current levels by the following amounts:

● $1,326, for in-state undergraduate students;

$1,460, for in-state graduate students;
$1,326, for out-of-state undergraduate students; and
$1,460, for out-of-state graduate students;

RESOLVED, that for the 2010-2011 Academic Year College Management is hereby authorized to increase student fees by and in the amounts presented to the Board in the Board Briefing Book dated June 7, 2010 and to implement the proposed budget contained therein for such year;

RESOLVED, that College management continue its efforts to prudently manage its budget and to aggressively review all material costs and to reduce such costs whenever appropriate;

RESOLVED, that the President, through his Executive Team shall organize, institute and manage an ongoing program for the systematic review and evaluation of all significant College operations (the “Program for Financial Security, Savings, and Efficiencies” or “Program”) and that the Program be designed to eliminate waste, streamline operations, and promote efficient and effective management at all levels and that the President periodically report to the Board on the nature and extent of all such activities under the Program no less frequently than quarterly;

RESOLVED, that the aforementioned Program shall not be restricted as to subject matter and may include, but not be limited to, reorganizations, consolidations, the curtailment or elimination of programs and activities and replacing part or all of the remaining 9% of the College budget now funded by the State with non-State sources of revenue; and

RESOLVED, that the College provide timely notice to students and student applicants of the tuition and fees for the 2010-2011 Academic Year.

****************

MEETING OF THE FULL BOARD OF TRUSTEES:

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

TUITION AND FEES

And

BUDGET

FOR

ACADEMIC YEAR 2010-2011

WHEREAS, College management has presented the Board with recommendations regarding adjustments to student tuition and fees for the 2010-2011 Academic Year;

WHEREAS, the Board has encouraged the College to expand and continue such cost saving measures and to periodically report on these activities to the Board and to the entire College community; and

NOW THEREFORE, BE IT ---

RESOLVED, that for the 2010-2011 Academic Year College management is hereby authorized and directed to increase undergraduate and graduate tuition from current levels by the following amounts:

$1,326, for in-state undergraduate students;
$1,460, for in-state graduate students;
$1,326, for out-of-state undergraduate students; and
$1,460, for out-of-state graduate students;

RESOLVED, that College management continue its efforts to prudently manage its budget and to aggressively review all material costs and to reduce such costs whenever appropriate;

RESOLVED, that the College provide timely notice to students and student applicants of the tuition and fees for the 2010-2011 Academic Year.

****************

It was moved by Mr. Gadsden, and seconded by Mr. Thompson, to approve the budget, tuition and fees as approved and recommended by both the Finance Committee and the Ad Hoc Committee on Strategic Plan Financing. Immediately thereafter, John Busch offered the following amendment in the nature of a substitute to the pending Resolution:

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

TUITION AND FEES

FOR

ACADEMIC YEAR 2010-2011

June 7, 2010

AMENDMENT IN THE NATURE OF A SUBSTITUTE

I MOVE THAT THE PENDING RESOLUTION ENTITLED TUITION AND FEES AND BUDGET FOR ACADEMIC YEAR 2010-2011 BE AMENDED BY STRIKING OUT THE ENTIRE TEXT AND BY SUBSTITUTING IN LIEU THEREOF THE FOLLOWING:

WHEREAS, College management has presented the Board with recommendations regarding adjustments to student tuition and fees for the 2010-2011 Academic Year;

WHEREAS, the Board has concluded our students and their families would be best served in these difficult economic times by postponing for one year those elements of the Plan that would require new funding from tuition increases;

WHEREAS, the Board has encouraged the College to expand and continue such cost saving measures and to periodically report on these activities to the Board and to the entire College community.

NOW THEREFORE, BE IT ---

RESOLVED, that for the 2010-2011 Academic Year College management is hereby authorized and directed to increase undergraduate and graduate tuition from current levels by the following amounts:

$890*, for in-state undergraduate students;
$980*, for in-state graduate students;
$950*, for out-of-state undergraduate students; and
$1070*, for out-of-state graduate students;

RESOLVED, that for the 2010-2011 Academic Year College management is hereby authorized to increase student fees by and in the amounts presented to the Board in the Board Briefing Book dated June 7, 2010 and to implement the appropriate budget corresponding to the tuition increases above that are contained therein for such year;

RESOLVED, that College management continue its efforts to prudently manage its budget and to aggressively review all material costs and to reduce such costs whenever appropriate;

RESOLVED, that the College provide timely notice to students of the tuition and fees for the 2010-2011 Academic Year and that the College make a copy of this Resolution immediately available to our students, faculty and staff, as well as, the general public, along with the roll call vote on this Resolution.

****************

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

TUITION AND FEES

FOR

ACADEMIC YEAR 2010-2011

June 7, 2010

AMENDMENT TO INCREASE TUITION

I MOVE THAT THE PENDING RESOLUTION ENTITLED TUITION AND FEES

AND BUDGET FOR ACADEMIC YEAR 2010-2011 BE AMENDED BY STRIKING OUT THE BULLETED POINTS IN THE FIRST RESOLVED CLAUSE AND BY SUBSTITUTING IN LIEU THEREOF THE FOLLOWING:

$1,650, for in-state undergraduate students;
$1,816, for in-state graduate students;
$1,650, for out-of-state undergraduate students; and
$1,816, for out-of-state graduate students;

****************

NEW BUSINESS:

Resolutions:

(1) Non-Domestic Fees for Master of Business Administration:

Trustee Cherry Daniel presented a Proposal for charging Tuition and Fees in Foreign Countries for the College’s Master of Business Administration program.

Trustee Daniel explained that the Board had previously approved the offering of the MBA Program in foreign countries. However, the expense of conducting the program will vary from country to country depending on a wide variety of factors. In order to give the College the facility to rapidly respond to these diverse circumstances in many different parts of the world, College management is asking for approval to set tuition and fees without pre-approval by the Board on a country-by-country basis, subject to the right of the Board to subsequently review tuition and fees on a country-by-country basis and to disapprove any as it may see fit. The following proposed Resolution was presented by Trustee Daniels:

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

NON-DOMESTIC

FEES FOR MASTER OF BUSINESS ADMINISTRATION

June 7, 2010

WHEREAS, the MBA Program has been approved by the South Carolina Commission on Higher Education on May 6, 2010;

WHEREAS, it is the intent of the College to offer the MBA in countries other than the United States; and

WHEREAS, to enhance the ability of the College to rapidly respond to varying competitive pressures, market demand, cost structures and changing economic circumstances in each such country, College management has requested limited authority to set tuition and fees for the MBA Program in each foreign country where it may be offered.

NOW THEREFORE BE IT ---

RESOLVED, that the Board reaffirms its approval to offer the MBA Program globally;

RESOLVED, the Board approves offering the MBA Program in such foreign countries as the President may deem appropriate;

RESOLVED, from time to time the Dean of the School of Business may recommend to the Provost, the Executive Vice President for Business Affairs and to the President such tuition and fees on a country-by-country basis that the Dean believes reasonable and appropriate under the circumstances;

RESOLVED, the President, upon the recommendation of the Provost and such Executive Vice President, may approve such recommended tuition and fees, provided that they are reasonable and appropriate under the circumstances, are fully compensatory for the cost incurred and to be incurred by the College, are advertised sufficiently in advance to the semester(s) to which they pertain, and are reported to the Board in advance of their effective date;

RESOLVED, that tuition and fees so approved by the President remain in full force and effect for the designated country until either changed by the President pursuant to the authority of this Resolution, or subsequently disapproved by the Board pursuant to its subsequent resolution that may, in addition, set new tuition and fees for such Program in such country; and

****************

The motion to approve the Resolution was made by Ms. Daniel and seconded by Mr. Ravenel. The Chair called for the yeas and nays and the Resolution was unanimously approved by voice vote.

(2) Bilingual Interpreting Program:

Trustee Cherry Daniel stated that the Provost has recommended the Elimination of the Bilingual Interpreting Program. She noted that a review of programs on campus found that the program is not cost effective and is of only marginal utility to students. She noted that this was a good example of eliminating programs that no longer serve the interests of our students or the institution.

The College of Charleston is proposing to terminate the Bilingual Interpreting Program, which is housed in the Department of Hispanic Studies. When the program was established, it was hailed as innovative and as filling a major need of the justice system in South Carolina and nationally. Recently, medical interpreting was added to the legal interpreting in the hope of attracting more students and filling another need. However, the program never achieved the desired levels of enrollments (e.g. fall semesters 2004-21 students, 2005-15 students, 2006-12 students, 2007-12 students, and 2008-26 students). Classes have been small, e.g. six students on average instead of the 10 planned for or the 12 the Interpreting Center can accommodate. While there were improved enrollments, a second factor figured very heavily in the decision. An external review of this program completed this Spring found that in order for the program to become a first-class program, several changes needed to be made, necessitating the addition of significant resources including one new faculty member. Finally, the one faculty member currently directing this program did not successfully undergo the required third year review which has resulted in her being given a terminal contract. With the austere budget we face and in the context of the Strategic Plan, it is difficult to justify this costly investment. Therefore, the decision was made to ask the Board terminate the program. Students already enrolled will be able to complete their curriculum, while no new students will enter the program effective immediately.

The following proposed resolution was presented by Trustee Daniel for the Board’s consideration:

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

PROPOSAL FOR THE TERMINATION OF

MASTER OF ARTS IN BILINGUAL INTERPRETING,

GRADUATE CERTIFICATE IN BILINGUAL LEGAL INTERPRETING,

and

GRADUATE CERTIFICATE IN BILINGUAL MEDICAL AND HEALTH CARE INTERPRETING

June 7, 2010

WHEREAS, the College currently offers a Master of Arts in “Bilingual Interpreting” (CIP 160103) (the “Master’s Program”) and two Graduate Certificates that are related to the Master’s Program (collectively the “Certificate Program”);

WHEREAS, the Master’s Program was initially approved by the South Carolina Commission on Higher Education in November 1994 as a “Masters of Art in Legal Interpreting” and between 1995 and 2008 the Program was subsequently known as “Master of Arts in Bilingual Legal Interpreting;”

WHEREAS, the Certificate Program consists of the Graduate Certificate in Bilingual Legal Interpreting, that was first offered by the College in the Summer of 1998, and the Graduate Certificate in Bilingual Medical and Health Care Interpreting, that was first offered in the Fall of 2006;

WHEREAS, the Provost has informed the Board that both the Master’s Program and the Certificate Program have historically experienced low enrollments and would likely require significant investment to maintain high academic standards at a level of excellence commensurate with the objectives of the College’s Strategic Plan;

WHEREAS, because of this low student demand and the lack of an expected return that is reasonably related to the needed investment, the Provost has recommended the termination of both the Master’s Program and the Certificate Program and the President has concurred in such recommendation;

WHEREAS, it is also recommended to the Board that new student enrollees for the Programs not be accepted on or after July 1, 2010, but that currently enrolled students be allowed to complete the Programs in a timely fashion.

NOW THEREFORE BE IT ---

RESOLVED, that the proposal to terminate the Programs, as requested by the Provost and the President (the “Program Terminations”), is hereby approved;

RESOLVED, that the President, the Provost, and the Dean of the Graduate School, or each of them, are hereby authorized to submit notice of the Program Terminations to the South Carolina Commission on Higher Education and the Southern Association of Colleges and Schools (“SACS”) in a manner and to an extent as may be required under controlling laws, rules, or regulations;

RESOLVED, that the College may take such further actions as may be necessary or appropriate to ensure that new student enrollees for the Programs not be accepted for any period commencing on or after July 1, 2010, but that current student enrollees be permitted to complete the Programs in a timely fashion;

RESOLVED, that the College may refund tuition deposits and any other advances that may have been made by students who were newly accepted for the Programs and were scheduled to begin classes beginning in the Fall 2010 Semester; and

RESOLVED, that the previous actions of College management to terminate the Programs are hereby ratified and approved in all respects.

************

It was moved by Ms. Daniel, and seconded by Mr. Bell, that the Resolution on the Elimination of the Bilingual Interpreting Program be approved as presented. The Chair called for the yeas and nays and the Resolution was unanimously approved by voice vote.

(3) Board Officer Elections/Terms:

The Ad Hoc Committee on Board Officer Terms and Elections, Chaired by Trustee Frank Gadsden, was established to review the section of the Board By Laws regarding Board Officer terms and election dates. The proposed Resolution to change the By Laws, approved and recommended by the Ad Hoc Committee on Board Officer Terms and Elections, changes the term limits for Board officers from four consecutive two-year terms to three consecutive two-year terms. Also, Board officer elections would change from the July Board meeting to the October Board meeting. The Ads Hoc Committee recommended the following Resolution that was presented to the full Board by Chairman Gadsden:

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

TO AMEND THE BY LAWS

BOARD OFFICER TERMS AND ELECTIONS

June 7, 2010

WHEREAS, by Resolution adopted on August 21, 2009, the Board established an Ad Hoc Committee on Board Officer Terms and Elections to review selected provisions of its By-Laws dealing with the terms of service for Officers of the Board, including the duration of those terms, the manner and timing of Officer elections, the qualifications of Officers, and the replacement of Officers in the event that an Officer’s term is incomplete and a mid-term vacancy exists;

WHEREAS, the Ad Hoc Committee has now completed its work and has reported its findings and recommendations to the entire Board;

WHEREAS, the Ad Hoc Committee has recommended to the Board that its By Laws be amended, as reflected on the attachment to this Resolution, incorporated herein by this reference (the “Amendment”); and

WHEREAS, the Board has had at least 30 days to consider the proposed Amendment.

NOW THEREFORE, BE IT –

RESOLVED, that pursuant to Section P. of the By-Laws, the Board hereby approves and adopts the Amendment;

RESOLVED, that the Amendment shall become effective as of the date of this Resolution; and

RESOLVED, that the Executive Secretary to the Board shall revise the By Laws to conform with the Amendment and shall cause revised copies of the By Laws, as amended, to be posted on the College’s official web site and to be otherwise disseminated, as appropriate.

************

Trustee Gadsden stated that at the April Board meeting, Board members asked for an opportunity to vote separately on the length of officer terms. Therefore, Mr. Gadsden also represented a “Courtesy Amendment” (approved by the Ad Hoc Committee) which would keep the term limitations as they are in the current By Laws. That Amendment was as follows:

COLLEGE OF CHARLESTON

MOTION

AMENDMENT TO

RESOLUTION ON

BOARD OFFICER TERMS AND ELECTIONS

June 7, 2010

“WHILE THE AD HOC COMMITTEE ON BOARD OFFICER TERMS AND ELECTIONS HAS APPROVED AND RECOMMENDS THE RESOLUTION THAT I HAVE OFFERED ON ITS BEHALF AS CHAIR, I AM ALSO AWARE THAT SEVERAL OTHER TRUSTEES WOULD LIKE A SEPARATE VOTE ON THE LENGTH OF OFFICER TERMS.

THEREFORE, AS A COURTESY TO THOSE MEMBERS, I MOVE THE ADOPTION OF THE FOLLOWING AMENDMENT TO THE PENDING RESOLUTION ON BOARD OFFICER TERMS AND ELECTIONS. BY ADOPTING THE AMENDMENT YOU WOULD BE VOTING TO KEEP THE TERM LIMITATIONS AS THEY NOW ARE IN THE CURRENT BY LAWS. ALL OTHER PROVISIONS OF THE UNDERLYING RESOLUTION WOULD NOT BE CHANGED BY THIS AMENDMENT.

I DO NOT PLAN TO VOTE IN FAVOR OF THIS AMENDMENT AND OFFER IT HERE ONLY TO PROVIDE ALL MEMBERS A SEPARATE OPPORTUNITY TO VOTE ON THIS ONE ISSUE:

RESOLVED, THAT THE PARAGRAPH CAPTIONED “Qualifications” IN THE ATTACHMENT TO THE PENDING RESOLUTION (page 2, lines 28-31) IS AMENDED TO READ AS FOLLOWS:

Qualifications. Officers are elected to serve a two year term and must stand for election every two years. The Chair shall be ineligible to serve more than four consecutive two-year terms.”

************

There was discussion on the Amendment and when discussion concluded, the Chair called for a vote on the Amendment. A vote was taken by a show of hands, and all Board members voted in favor of the “Courtesy Amendment” except Frank Gadsden, Cherry Daniel, and Don Belk. Therefore, the “Courtesy Amendment” was adopted, by a vote of 14 yeas and 3 nays. Accordingly, the Board By Laws will not be changed with respect to officer terms.

Immediately thereafter, the previous question was a move to adopt the Resolution as amended by the Courtesy Amendment. The Chair called for the yeas and nays and the Resolution was unanimously approved by voice vote.

There was no further matter or business scheduled for Board action or consideration.

And finally, it was moved by Mr. Stafford, and seconded by Mr. Gadsden, that the meeting be adjourned at 1:55 p.m.

***************

August 27, 2010

APPROVAL OF MINUTES:

It was moved (Moorhead), and seconded (Thompson), that the minutes of the June 7, 2010 Board Meetings be approved. The Chair called for the yeas and nays and the Minutes were unanimously approved by voice vote.

EXECUTIVE COMMITTEE:

Resolution to Amend the By-Laws to Increase the Number of Board Members:

The Resolution of the Board of Trustees to Amend the By-Laws to Increase the Number of Board Members was distributed and presented for approval by the Executive Committee.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

TO AMEND THE BY LAWS

TO INCREASE THE NUMBER OF BOARD MEMBERS

WHEREAS, the South Carolina General Assembly has enacted House Bill 4244 that became law on June 14, 2010;

WHEREAS, the new statute amends S.C. Code Ann. §59-130-10 and requires that the Governor appoint an additional Trustee to this Board, “upon the recommendation of the College of Charleston Alumni Association,” and further provides that such Trustee would serve a term of four years;

WHEREAS, the new statute also provides that such Trustee be a South Carolina resident and “hold an undergraduate or graduate degree from the College of Charleston;”

WHEREAS, House Bill 4244, as enacted, is effective on July 1, 2010; and

WHEREAS, it is necessary to amend the By-Laws of the Board to make such By-Laws consistent with the new statute.

NOW THEREFORE BE IT ---

RESOLVED, that Section B. of the Board of Trustee’s By-Laws is hereby amended to read as follows:

B. Membership of the Board of Trustees:

Composition. The Board shall consist of 18 members as follows:

(a) two (2) members from each of the Congressional Districts in South Carolina and three (3) at large members, all elected by the General Assembly;

(b) one (1) ex officio member who shall be the Governor or his designee;

(d) one (1) member appointed by the Governor, upon the recommendation of the College of Charleston Alumni Association, who shall be a South Carolina resident and hold an undergraduate or graduate degree from the College of Charleston.

Trustee Terms.

(a) The term of office of the at-large Trustee appointed by the Governor is effective upon certification to the Secretary of State and is coterminous with the term of the Governor who appointed that at-large Trustee, but such Trustee shall be permitted to serve after the term of the appointing Governor until a successor is appointed and qualified.

(b) The member appointed by the Governor upon recommendation of the College of Charleston Alumni Association shall be for a term of four years, the first such term beginning on July 1, 2010 and expiring on June 30, 2014. Each subsequent term for that Trustee recommended by the Alumni Association shall begin on July 1 immediately after the expiration of the previous term and expire on June 30 in the fourth year thereafter, but such Trustee shall also be permitted to serve until a successor is appointed and qualified.

If a Trustee position should become vacant during the term of the Trustee occupying that position, it will be filled for the unexpired portion of that term in the manner prescribed by law.

Duty of Faithful Service to the College. Notwithstanding the manner by which a Trustee is elected or appointed to the Board, each member of the Board shall owe a duty of faithful service to the College and shall act at all times in the best interest of the College.

RESOLVED, that the Amendment to the By Laws approved through the adoption of this Resolution shall become effective immediately; and

*****************

The committee moves that the Resolution of the Board of Trustees to Amend the By-Laws to Increase the Number of Board Members be approved as presented. After discussion on the Resolution, the Chair called for the yeas and nays and the Resolution was unanimously approved by voice vote.

Discussion on Proposed Resolution for Future Consideration to Amend the By-Laws for Addition of Student Body President as Ex Officio Trustee:

The proposed Resolution of the Board of Trustees to Amend the By-Laws for Addition of Student Body President as Ex Officio Trustee was discussed. More information is provided in the Student Affairs Committee Report of these minutes.

Resolution to Approve Revised Policy on Prohibition of Discrimination and Harassment, including Sexual Harassment:

The Resolution of the Board of Trustees to Approve Revised Policy on Prohibition of Discrimination and Harassment, including Sexual Harassment was distributed and presented for approval by the Executive Committee.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

TO APPROVE

REVISED POLICY

PROHIBITION OF DISCRIMINATION AND HARASSMENT, INCLUDING SEXUAL HARASSMENT

August 27, 2010

WHEREAS, it is the policy of the College of Charleston to promote and protect a learning, working, and living environment where civil discourse, respect for the individual and appreciation for the diversity of human experiences are valued as compelling academic interests;

WHEREAS, in a community of scholars individual advancement, recognition, and achievement should be based solely on merit and not on personal prejudice or other invidious considerations;

WHEREAS, the College has long had policies that prohibit discrimination in employment and in the provision of academic services to our students;

WHEREAS, the Board has been advised by College management that our current non-discrimination policy should be revised to maintain its currency with newly enacted laws and interpretations of laws handed down by the courts, to provide better guidance to the College community, and to give the College a more suitable document for faculty and staff training on these important matters; and

WHEREAS, the Board has reviewed the recommended revised Policy, a true copy of which is attached hereto and incorporated herein by this reference, and believes that it serves as an appropriate declaration of the College’s respect for the individual, its appreciation for the diversity of human experiences and its belief in the inherent worth of individual achievement based on individual merit.

NOW THEREFORE, be it --

RESOLVED, that the Board hereby approves and affirms the attached Policy entitled Prohibition of Discrimination and Harassment, Including Sexual Harassment; and

RESOLVED, College management shall do all things necessary and appropriate to carry out this Policy in an efficient and effective manner including, but not limiting to, adopting such procedures as may be appropriate, from time to time, to investigate alleged or apparent violations of such Policy.

*************

The committee moves that the Resolution to Approve Revised Policy on Prohibition of Discrimination and Harassment, including Sexual Harassment, be approved as presented. After discussion on the Resolution, the Chair called for the yeas and nays and the Resolution was unanimously approved by voice vote.

Resolution to Ratify Policy on Alcohol and Illicit Drug Testing:

The Resolution of the Board of Trustees to Ratify Policy on Alcohol and Illicit Drug Testing was distributed and presented for approval by the Executive Committee.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

TO RATIFY

POLICY

POLICY ON ALCOHOL AND ILLICIT DRUG TESTING

August 27, 2010

WHEREAS, the Board recognizes the importance of providing a working and learning environment that is drug-free to avoid the tragedies, costs and disruptions that are associated with substance abuse;

WHEREAS, by providing such an environment the College will better its opportunity to maximize its levels of productivity, enhance its competitive position, and reach its desired level of achievement while providing our students with a safer environment in which to learn and enjoy the benefits of their education and Campus experiences;

WHEREAS, while the College will offer help to those who need it, the College does not tolerate the illegal use of nonprescription or prescription drugs, the use of controlled substances or the abuse of alcoholic beverages;

WHEREAS, the College did not previously have a policy that provided for the testing of its employees for alcohol or drug abuse; however, College management believes that a well-reasoned policy that balances respect for the individual with the need to maintain a safe, productive, and drug-free working, learning and living environment, is a legitimate interest of the College;

WHEREAS, on June 21, 2010 College management adopted the Policy on Alcohol and Illicit Drug Testing, a true copy of which is attached hereto and incorporated herein by this reference, to be effective as of October 1, 2010;

WHEREAS, College management has recommended that the Board ratify such Policy; and

WHEREAS, the Board has reviewed the Policy and believes that it is reasonable and that it utilizes appropriate means to further the legitimate interest of the College.

NOW THEREFORE, be it --

RESOLVED, that the Board hereby approves, affirms and ratifies the Policy and the actions of College management to adopt and implement this Policy; and

RESOLVED, College management shall do all things necessary and appropriate to carry out this Policy in an efficient and effective manner.

**********

The committee moves that the Resolution to Ratify Policy on Alcohol and Illicit Drug Testing be approved as presented. After discussion on the Resolution, the Chair called for the yeas and nays. The vote was 17 yeas and 1 nay (Mr. Wood). The resolution passed.

ACADEMIC AFFAIRS COMMITTEE:

Action Items:

(1) Resolution to Approve Policy on the South Carolina Immigration Reform Act:

The Resolution of the Board of Trustees to Approve the Policy on the South Carolina Immigration Reform Act was distributed and presented for approval by the Academic Affairs Committee.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

TO APPROVE

POLICY

ON THE

SOUTH CAROLINA IMMIGRATION REFORM ACT

August 27, 2010

WHEREAS, by Resolution adopted on October 17, 2008, the Board approved an Interim Process to implement the South Carolina Immigration Reform Act (S.C. Code Ann. §59-101-430) (“Act”);

WHEREAS, the Act provides, among other things, that an alien unlawfully in the United States is not eligible to attend a public institution of higher learning in the State and is not eligible on the basis of residence for a public higher education benefit including, but not limited to, scholarships, financial aid, grants, or resident tuition;

WHEREAS, this same provision of law requires that the Board of Trustees of a public institution of higher learning in this State develop and institute a process by which lawful presence in the United States is verified;

WHEREAS, the College timely implemented the Interim Process, as required by law;

WHEREAS, based on its experience with the Interim Process, College management has recommended changes to Interim Process to ease the internal administration of the law and to clarify the appeal rights of students and has also recommended that the Interim Process be re-promulgation as a formal College Policy; and

WHEREAS, College management recommends that the Board approve the Policy, a true copy of which is attached hereto and incorporated herein by this reference.

NOW THEREFORE, be it --

RESOLVED, that the Board hereby approves and affirms the attached Policy entitled Policy to Comply with the South Carolina Illegal Immigration Reform Act; and

*****************

The committee moves that the College Policy on South Carolina Immigration Reform Act be approved as presented. After discussion on the Resolution, the Chair called for the yeas and nays and the Resolution was unanimously approved by voice vote.

(2) Resolution to Ratify the Code of Conduct for the Administration of Title IV, HEA Loan

Programs:

The Resolution of the Board of Trustees to Ratify the Code of Conduct for the Administration of Title IV, HEOA Loan Programs was distributed and presented for approval by the Academic Affairs Committee.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

TO RATIFY

CODE OF CONDUCT

FOR THE

ADMINISTRATION OF TITLE IV, HEA LOAN PROGRAMS

August 27, 2010

WHEREAS, the Federal Higher Education Opportunity Act of 2008 (“HEOA”) conditions the eligibility of educational institutions to participate in Title IV loan programs (“Educational Loans”) on the development of, and compliance with a Code of Conduct prohibiting certain conduct by their officers, employees, or agents with respect to student Education Loans;

WHEREAS, the HEOA required institutions to adopt and implement such a Code on or before July 1, 2010 and the College has complied with this deadline;

WHEREAS, as required by law, the College’s Code contains provisions prohibiting: (a) revenue sharing arrangements; (b) the solicitation or acceptance of gifts, receipt of fees, payments or other financial benefits from lenders for consulting services by anyone at the College with responsibilities for Education Loans; (c) the receipt of assistance from lenders with call centers or staffing; (d) the acceptance of funds from lenders to be used for private loans in exchange for providing concessions to a private lender and; (e) the acceptance of anything of value from a lender, except for reimbursement for reasonable expenses, by an employee or a College agent with responsibilities for financial assistance that sits on a lender’s advisory board or commission;

WHEREAS, a true and accurate copy of the College’s Code of Conduct is attached hereto and incorporated herein by this reference and College management has informed the Board that the Code fully complies with the law;

WHEREAS, the Board has reviewed such Code and College management has recommended that the Board ratify the College’s Code of Conduct.

NOW THEREFORE, be it --

RESOLVED, that the Board hereby approves, affirms and ratifies the Code of Conduct adopted pursuant to the HEOA and the actions of College management to adopt and implement this Code; and

RESOLVED, College management shall do all things necessary and appropriate to carry out this Code of Conduct in an efficient and effective manner.

**********

The committee moves that the Resolution of the Board of Trustees to Ratify the Code of Conduct for the Administration of Title IV, HEOA Loan Programs be approved as presented. After discussion on the Resolution, the Chair called for the yeas and nays and the Resolution was unanimously approved by voice vote.

STUDENT AFFAIRS COMMITTEE:

Action Item:

(1) Student Government Association Resolution:

Victor Wilson explained the continuation of a discussion from the April Board meeting whereby the Student Government Association presented an initiative to have an Ex-officio Student Trustee which requires a proposed change in the by-laws. Isaiah Nelson outlined how the current proposal differs from the Spring 2010 proposal – the non-voting student representative would not have the right of motion and would not have the right to sit in during Executive Session. The committee and legal counsel went into Executive Session to discuss the matter. The committee came out of Executive Session with a favorable recommendation of the proposal which will be presented to the full Board for future consideration.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

TO AMEND THE BY LAWS

ADDITION OF STUDENT BODY PRESIDENT AS EX OFFICIO TRUSTEE

Proposed For Future Consideration

WHEREAS, the South Carolina Code Annotated, Section 59-101-40, provides as follows:

Notwithstanding any other provisions of law relating to the composition of the various boards of trustees of State-supported institutions of higher learning, the president of the student body of each of these institutions may be, ex officio, a nonvoting member of the board of trustees of the institution he attends and represents. The term of office of the student body president shall be contemporaneous with his term as president.

WHEREAS, the participation of a student representative on the Board of Trustees would provide for ready access to student opinions and recommendations relative to the work of the Board;

WHEREAS, the appointment of a student representative to the Board would also signify the Board’s desire, as recited in the Strategic Plan, to further a student-focused community of scholars where the views, desires and expectations of students are valued and actively solicited by the Board in the course of its deliberations on matters affecting the student experience;

WHEREAS, the South Carolina General Assembly has recognized the value of student participation on governing boards when it enacted Section 59-101-40; and

WHEREAS, the Board has had at least 30 days to considered the proposed Amendment.

NOW THEREFORE, BE IT –

RESOLVED, that pursuant to Section P. of the By-Laws, the Board hereby approves and adopts the Amendment attached to this Resolution and incorporates the Amendment herein;

RESOLVED, that the Amendment shall become effective as of the date of this Resolution; and

**************

ATTACHMENT

THE AMENDMENT

The Trustee By Laws are amended by adding the following new sentence to the end of Article B:

In addition to the members appointed or elected pursuant to the preceding sentence, the Board shall also be comprised of one ex officio, non-voting member who shall be the duly elected president of the student body of the College and who shall serve a term on the Board that is contemporaneous with her/his term as president, provided that the rights and privileges of such student trustee shall not include the right to participate in executive sessions of the Board or its committees, to be counted for the purposes of determining a quorum, to make motions or points of order during Board proceedings, or to otherwise exercise any right other than participation in such public deliberations as may be conducted by the Board and those of its committee(s) to which such student trustee may be appointment by the Chair of the Board.

***********

AD HOC COMMITTEE ON INFORMATION TECHNOLOGY:

Two resolutions were presented and discussed. Motions to approve each and to bring them forward to the full Board were made and approved by the Committee.

(1) Resolution to Ratify the Policy on Peer-to-Peer (P2P) File Sharing:

The Resolution to Ratify the Policy on Peer-to-Peer (P2P) File Sharing was presented for approval by the Ad Hoc Committee on Information Technology.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

TO RATIFY

POLICY ON

PEER-TO-PEER (P2P) FILE SHARING

August 27, 2010

WHEREAS, the Federal Higher Education Opportunity Act of 2008 (HEOA) requires that an institution of higher education, as a condition of participation in Title IV, HEA programs, must certify that it has developed plans to effectively combat the unauthorized distribution of copyrighted material;

WHEREAS, these plans are to include the use of a variety of technology-based deterrents and must, to the extent practicable, offer alternatives to illegal downloading or illegal peer-to-peer distribution of intellectual property;

WHEREAS, in addition, the new law requires that an institution make available to prospective and enrolled students a description of institutional policies and sanctions related to the unauthorized distribution of copyrighted material including: (1) an annual disclosure that explicitly informs students that unauthorized distribution of copyrighted material may subject the students to civil and criminal liabilities; (2) a summary of the penalties for violation of Federal copyright laws; and (3) the institution’s policies with respect to unauthorized peer-to-peer file sharing, including disciplinary actions for those who engage in unauthorized distribution of copyrighted materials using the institution’s information technology system;

WHEREAS, in furtherance of the new law the College adopted and implemented a Policy on Peer-to-Peer (P2P) File Sharing effective as of July 1, 2010, a true copy of which is attached hereto and incorporated herein by this reference;

WHEREAS, such Policy sets forth the College’s written plans to effectively combat the unauthorized distribution of copyrighted material by users of the College’s network including the following: (1) technology-based deterrents; (2) mechanisms for educating and informing the College community about appropriate versus inappropriate use of copyrighted materials; (3) procedures for handling unauthorized distribution of copyrighted materials; (4) procedures for periodically reviewing the effectiveness of the College’s plans to combat the unauthorized distribution of copyrighted materials; and (5) the annual disclosures the College will make to students about institutional policies and sanctions related to copyright infringement, including the civil and criminal liabilities and penalties associated with the unauthorized distribution of copyrighted material;

WHEREAS, College management has informed the Board that the Policy fully complies with the law;

WHEREAS, the Board has reviewed such Policy and College management has recommended that the Board ratify the College’s Policy.

NOW THEREFORE, be it --

RESOLVED, that the Board hereby approves, affirms and ratifies the Peer-to-Peer (P2P) File Sharing adopted pursuant to the HEOA and the actions of College management to adopt and implement this Policy; and

RESOLVED, College management shall do all things necessary and appropriate to carry out this Policy in an efficient and effective manner.

***********

(2)Resolution to Ratify the Policy on the Uniform Electronic Transaction Act:

The Resolution to Ratify the Policy on the Uniform Electronic Transaction Act was presented for approval by the Ad Hoc Committee on Information Technology.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

TO RATIFY

POLICY ON

THE UNIFORM ELECTRONIC TRANSACTION ACT

August 27, 2010

WHEREAS, the South Carolina Uniform Electronic Transactions Act (“Act”) (S.C. Code Ann. §§26-6-10 et seq.) was enacted in 2004;

WHEREAS, the Act deals with the legality and use of electronic records and electronic signatures that are “created, generated, sent, communicated, received, or stored;”

WHEREAS, the Act provides in relevant part that: "Each governmental agency of this State shall determine if, and the extent to which, it will create and retain electronic records and convert written records to electronic records” and “shall determine if, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures;”

WHEREAS, on February 28, 2007 the South Carolina Budget and Control Board promulgated the South Carolina Standards for Electronic Signatures (the “Standards”);

WHEREAS, effective as of June 23, 2010 the College adopted a Policy to further its compliance with the Act, a true copy of which is attached hereto and incorporated herein by this reference (the “Policy”);

WHEREAS, the Policy specifies the terms and conditions under which the College will use electronic records and electronic signatures for the conduct of its business and academic operations and is intended to provide management with a formal process for the approval of electronic signatures and the retention of our records in electronic format; and

WHEREAS, College management is of the opinion that the Policy complies with the Act and the Standards and has recommended that the Board ratify such Policy.

NOW THEREFORE, be it --

RESOLVED, that the Board hereby approves, affirms and ratifies the Policy and the actions of College management to adopt and implement the Policy; and

RESOLVED, College management shall do all things necessary and appropriate to carry out this Policy in an efficient and effective manner.

**********

NEW BUSINESS:

It was moved (Thompson), and seconded (Busch), to approve the following motion:

“WE HAVE ADOPTED OR RATIFIED FIVE POLICIES TODAY, SOME OF WHICH WERE RATHER VOLUMINOUS AND TECHNICAL IN NATURE. I ASK FOR UNANIMOUS CONSENT THAT COUNSEL BE PERMITTED TO CORRECT TYPOGRAPHICAL ERRORS AND TO MAKE SUCH NON-SUBSTANTIVE TECHNICAL CHANGES AS MAY BE NECESSARY TO PREPARE THESE DOCUMENTS FOR PUBLICATION.”

HEARING NO OBJECTION, THE MOTION IS ADOPTED.

Chair Land stated for the record that no action was taken during Executive Session.

It was moved (Thompson), and seconded (Bell), that the meeting be adjourned at 2:45 p.m.

October 15, 2010

APPROVAL OF MINUTES:

It was moved by Trustee Bell, and seconded by Trustee Thompson, that the minutes of the August 27, 2010 Board Meeting be approved. The Chair called for the yeas and nays and the Minutes were unanimously approved by voice vote.

BOARD OFFICER ELECTIONS:

It was moved by Trustee Bell, and seconded by Trustee Johnson, to adopt the proposed election procedures for the election of Board officers for the terms beginning October 15, 2010. The Chair called for the yeas and nays and the proposed procedures were unanimously approved by voice vote.

Office of Chair:

Chair Land called for nominations for the office of Chair:

Trustee Philip Bell nominated Trustee John Busch.

Trustee Annaliza Moorhead nominated Trustee Lee Mikell.

Trustee Demetria Clemons nominated Trustee Greg Padgett.

Elizabeth Kassebaum, Executive Secretary to the Board, distributed the voting ballots to all Board members. Ms. Kassebaum collected all the voting ballots and tallied the votes. Tom Trimboli, Senior VP for Legal Affairs, verified the vote tallies.

The Executive Secretary to the Board reported the verified votes to Chair Land:

18 votes were cast:

Trustee Lee Mikell received four (4) votes,

Trustee John Busch received seven (7) votes, and

Trustee Greg Padgett received seven (7) votes.

Because Trustee Busch and Trustee Padgett tied with seven (7) votes each, a run-off vote was conducted. Again, the Executive Secretary to the Board distributed voting ballots to all Board members. The voting ballots were collected and votes tallied. The Senior VP for Legal Affairs verified the vote tallies.

The Executive Secretary to the Board reported the verified votes to Chair Land:

18 votes were cast:

Trustee John Busch received eight (8) votes and

Trustee Greg Padgett received ten (10) votes.

By majority vote, Trustee Greg Padgett was elected the new Chair of the Board of Trustees. He will assume his responsibilities as Chair of the Board at the end of this Board meeting.

Office of Vice Chair:

Chair Land called for nominations for the office of Vice Chair:

Trustee Demetria Clemons nominated Trustee Lee Mikell.

Trustee Don Belk nominated Trustee John Busch who withdrew his name from nomination.

By vote of acclamation, Trustee Lee Mikell was re-elected as Vice Chair of the Board of Trustees.

Office of Secretary:

Chair Land called for nominations for the office of Secretary:

Trustee Dwight Johnson nominated Trustee Philip Bell.

By vote of acclamation, Trustee Philip Bell was re-elected as Secretary of the Board of Trustees.

ACADEMIC AFFAIRS COMMITTEE:

ACTION ITEMS:

he committee reviewed the Resolution regarding Awarding of Degrees and unanimously passed it for presentation to the full Board for approval.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

AWARDING OF DEGREES

October 15, 2010

WHEREAS, pursuant to S.C. Code Ann. §59-130-30 the Board of Trustees of the College is constituted as a body corporate and politic and is empowered, among other things, to “confer degrees upon students and other persons as the board considers qualified;”

WHEREAS, the President has made available to the Board a preliminary list of candidates for the award of baccalaureate and graduate degrees from the several Schools of the College;

NOW THEREFORE, BE IT

RESOLVED, that the Board hereby authorizes the President to confer on each and all of the aforementioned described degree candidates who have successfully completed the Summer 2010 or Fall 2010 semester, the names of each of which shall be published in the Official Program for the December 2010 Graduation Ceremony, those degrees for which they have been found qualified, together with all the rights, honors, privileges and responsibilities appertaining thereto;

**********

The Academic Affairs Committee moves that the Resolution to approve the awarding of degrees during the Fall 2010 semester be approved as presented. The Chair called for the yeas and nays and the Resolution was unanimously approved by voice vote.

FINANCE COMMITTEE:

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

BUDGET ADJUSTMENTS

________________________

October 15, 2010

_________________________

WHEREAS, College management has revised its projections of revenues and expenses for the year 2010-2011 and, based on that revision, has recommended certain reallocations and adjustments to the budget previously approved by the Board; and

WHEREAS, those recommended reallocations and adjustments were presented to the Board’s Finance Committee and were determined to be reasonable and appropriately supported by College management.

NOW THEREFORE, be it

RESOLVED, that the Board hereby approves the recommended reallocations and adjustments to the approved budget for year 2010-2011, as presented by College management to the Finance Committee and as further detailed in the table captioned “College of Charleston 2010-2011 Revenue and Expense Budget Adjustments September 30, 2010” contained in the Board of Trustees briefing book dated October 15, 2010; and

RESOLVED, that all actions of College management to effectuate these reallocations and adjustments prior to the effective date of this Resolution are hereby ratified and affirmed.

**************

The Finance Committee moves that the Resolution to approve the budget adjustments for the quarter ended September 30, 2010 be approved as presented. After discussion on the Resolution, the Chair called for the yeas and nays and the Resolution was unanimously approved by voice vote.

STUDENT AFFAIRS COMMITTEE:

Resolution to Amend By Laws:

Therefore, the committee moves to postpone further consideration of the Resolution and any action on the question of its adoption until the next Board meeting now scheduled for January 21, 2011. Chair Land called for the yeas and nays and the motion was unanimously approved by voice vote.

***********

AD HOC COMMITTEE ON INFORMATION TECHNOLOGY:

The motion was made by Trustee Johnson, and seconded by Trustee Padgett, to go into Executive Session at 10:35 a.m. to consider contractual and legal issues. All in favor.

The motion was made by Trustee Daniel, and seconded by Trustee Wood, to come out of Executive Session at 12:40 p.m. All in favor.

NEW BUSINESS:

The motion was made by Trustee Stafford, and seconded by Trustee Padgett, to go into Executive Session at 1:10 p.m. to consider contractual issues. All in favor.

The motion was made by Trustee Mikell, and seconded by Trustee Bell, to continue the Board Meeting in Executive Session to discuss a personnel matter. All in favor.

The motion was made by Trustee Padgett, and seconded by Trustee Ravenel, to come out of Executive Session at 2:55 p.m. All in favor.

The motion was made by Trustee Stafford, and seconded by Trustee Daniel, that honorary degrees be awarded to Dottie Frank (Commencement Speaker) and Merton Simpson at the December 2010 Commencement Ceremony. All in favor.

The motion was made by Trustee Daniel, and seconded by Trustee Stafford, that the Board hereby approves the following Resolution and, therefore, declines to accept the appeal of Jeffery M. Diamond, Ph.D., dated August 25, 2010, from the denial of tenure and promotion determination made by the President of the College in March 2010 and subsequently reaffirmed by the President on August 16, 2010. The Chair called for the yeas and nays and the Resolution was unanimously approved by voice vote.

COLLEGE OF CHARLESTON

RESOLUTION OF THE BOARD OF TRUSTEES

ON THE

APPEAL REQUEST OF JEFFERY M. DIAMOND, Ph.D.

OCTOBER 15, 2010

WHEREAS, with respect to his denial of tenure and promotion by the College, Jeffery M. Diamond, Ph.D. has failed to present to the Board newly discovered evidence that was previously unknown at the time of his denial of tenure and promotion that could have affected the outcome of that decision, nor has he presented any irregularity in the tenure and promotion process that affected a finding of material fact or that otherwise affected the outcome of such decision.

NOW THEREFORE, be it --

RESOLVED, that the Board of Trustees hereby declines to accept the appeal of Jeffery M. Diamond, Ph.D., dated August 25, 2010, from the denial of tenure and promotion determination made by the President of the College in March 2010 and subsequently reaffirmed by the President on August 16, 2010.

***************

Vice Chair Lee Mikell presented Chair Marie Land with a framed print of Dixie Plantation in appreciation for her dedicated service as the first female Chair of the Board.

Also, Chair Land congratulated Trustee Greg Padgett upon his election as Chair of the Board. In turn, Trustee Padgett thanked Chair Land for her leadership.

The motion was made by Trustee Stafford, and seconded by Trustee Johnson, that the meeting be adjourned at 3:00 p.m.