August 20, 1971

REGULAR MEETING OF THE BOARD OF TRUSTEES OF WESTERN CAROLINA UNIVERSITY

Conference Room of Bird Administration Building     August 20, 1971

The Board of Trustees of Western Carolina University met in regular session at 1:30 p.m. , Friday, August 20, 1971, in the Conference Room of Bird Administration Building. The following members were present:

Wallace N. Hyde, Chairman
Thomas L. Mallonee, Vice-Chairman
Jack E. Abbott
F. Carl Harman
Arnold J. Hyde
Ted Jordan
Gregory K. Lockamy
W. Harold Mitchell
Clyde M. Norton
Modeal Walsh
Boyce A. Whitmire
E. J. Whitmire

Others presents were:

Alex S. Pow
Frank H. Brown, Jr.
W. Douglas Davis
S. Aaron Hyatt
Virginia Molinatto
A. Douglas Reed
William E. Scott
W. Newton Turner

Dr. Hyde called the meeting to order. The roll call indicated the absence of one member of the Board: Dr. Charles 0. Van Gorder, previously committed to attend the Southeastern Shrine Association's Convention in Memphis. The motion to excuse this absence was made by Mr. Harman, seconded by Mr. Walsh, and passed unanimously.

A draft of minutes of the meeting of the Board of Trustees on May 27, 1971, had been mailed to members of the Board. Dr. Hyde asked for corrections or changes to the minutes. Mr. Harman moved that the minutes be approved, Mr. Jordan seconded the motion, and the Board's vote was unanimous.

Mr. Walsh presented the transactions of the Instruction Committee meeting held August 20, 1971, in the Office of the President; these principally were the approval of the degree program of Master of Industrial Education. After some discussion, motion was made by Mr. E. J. Whitmire, seconded by Mr. Abbott that the transactions of the Instruction Committee be approved. The Board's vote was unanimous. (See Exhibit #1 on file in the President's Office for minutes of the August 20 meeting of this Committee.)

Dr. Hyde requested Dr. Pow to present the transactions of The Endowment Fund Committee meeting held August 20, 1971, in the Conference Room. It was unanimously agreed by the Board to accept the action in authorizing conversion of some endowment holdings to short-term high-interest investments. (See Exhibit #2 on file in the President's Office for minutes of the August 20 meeting of this Committee.)
Dr. Hyde turned the meeting over to Mr. Mallonee for the purpose of the Board's electing a Chairman for 1971- 72. Immediately after the nomination of Dr. Wallace N. Hyde by Mr. Walsh, seconded by Mr. Boyce A. Whitmire, Mr. Harman moved that the nominations be closed. Mr. E. J. Whitmire seconded the motion, and it was the unanimous vote of the Board that Dr. Hyde continue as Chairman.

Dr. Hyde then asked for nominations for Vice-Chairman. Following the nomination of Mr. Mallonee by Mr. Boyce A. Whitmire, with a second by Mr. Walsh, Mr. Abbott moved that the nominations be closed. Mr. Harman seconded the motion, and it was the unanimous vote of the Board that Mr. Mallonee continue as Vice-Chairman.

The next item on the agenda was the election of members of the Board of Trustees of the Endowment Fund. Mr. Walsh moved that the Committee remain as elected on May 14, 1970. This received a second from Senator Norton, and the vote of the Board was unanimous. Thus, the members of this Committee for 1971- 72 will be Dr. Hyde and Dr. Pow, Ex-Officio; Mr. Abbott, Mr. Harman, Dr. Van Gorder, and Mr. E. J. Whitmire.

Dr. Pow then presented the recommended revisions in the By-Laws of the Board of Trustees, elaborating on the actual change. After some discussion by the Board, it was moved by Mr. Boyce A. Whitmire, seconded by Mr. Jordan, that the Board adopt the revisions. The motion was unanimously adopted by the Board. The revised portions of the By-Laws are as follows:

Amend Article II to read as follows:

Membership

Section 1. Membership and Term of Office

(a) The Board of Trustees shall consist of thirteen persons, twelve of whom shall be appointed for terms of eight years each, beginning July 1 of an odd-numbered year, the terms to be staggered so that three vacancies occur every two years. The President of the Student Government shall be a member ex-officio of the Board of Trustees, with the power to vote on all matters coming before the Board.

(b) Members of the Board of Trustees shall be subject to removal for cause by the Governor and Council of State.


(c) Whenever a trustee shall fail to be present for two successive regular meetings of the Board of Trustees, without just cause as determined by the Board, his position as trustee shall be deemed vacant, and said vacancy shall be filled as herein provided.

Section 2. Appointments

With the exception of the ex-officio member, the Governor shall make all appointments to the Board of Trustees, subject to the confirmation of the General Assembly in joint session assembled.

Amend Article VI to read as follows:

Committees of the Board

Section 1. Appointment of Committees

(a) Except as hereinafter provided, the Chairman of the Board shall appoint the standing and special committees of the Board. The Executive Committee shall consist of five members including the Chairman and Vice-Chairman of the Board of Trustees. The membership of the Endowment Fund Committee is specified in Article VII.

(b) Standing Committees of the Board are:

(1) Executive Committee
(2) Building Committee
(3) Personnel Committee
(4) Auditing Committee
(5) The Board of Trustees of the Endowment Fund (Endowment Fund Committee)
(6) Instruction Committee

Section 2. Duties of Standing Committees

(a) The Committees of the Board of Trustees shall have the powers and duties set forth in these By-Laws and such other powers and duties as the Board may delegate to them. They shall exercise their powers and perform their duties subject to the direction and approval of the Board. They may from time to time make recommendations to the Board for the establishment of new policies or any changes in existing policies. Each Standing Committee of the Board has the authority to take interim action for the Board of Trustees in those committees' respective spheres of work and are to report such actions to the Board at its next regular meeting.

(b) Executive Committee. Subject to report to the Board at its next meeting, the Executive Committee shall have the authority to take interim action on any recommendation of the President with respect to matters within the purview of the Board.

(c) Building Committee. The Building Committee shall consider matters relating to the grounds and buildings on the campus and other real property of the University. The Committee shall consider capital improvement requests and make recommendations in connection therewith to the Board. Also, the Committee is responsible for recommending architectural firms, approving building plans, and general oversight of construction quality and progress.

(d) Personnel Committee. The Personnel Committee is responsible for representing and making recommendations to the Board with respect to Board policies and decisions regarding academic and non-academic personnel.

(e) Auditing Committee. The Auditing Committee exercises supervision over postauditing activities related to the conduct and administration of the financial affairs of the University. It shall make recommendations it deems necessary for sound accounting and auditing practices.

(f) Endowment Fund Committee. The responsibilities of the Endowment Fund Committee are defined by the North Carolina General Statutes. See Article VII in these ByLaws.

(g) Instruction Committee. The Instruction Committee is responsible for representing and making recommendations to the Board with respect to Board decisions affecting the type, quality, and character of instruction at the University. In this regard, it is responsible for reporting to the Board concerning recommendations of the President for new programs and degrees at the University.

Dr. Hyde then stated to the Board that the next item on the agenda was the appointment of the Standing Committees. He further stated that, with the exception of Mr. E. J. Whitmire's reappointment as Chairman of the Building Committee, he would make the appointments at a later date. (See Exhibit #3 on file in the President's Office.)

Upon motion of Mr. Harman, seconded by Mr. Mitchell, it was unanimously carried by the Board that the Chairman and Vice-Chairman of the Board of Trustees and the President and Vice President for Business Affairs of the University would serve, respectively, as Chairman, Vice Chairman, President and Secretary -Treasurer of the Development Foundation of Western Carolina University, Inc.

Next, Dr. Pow presented a resolution adopting additional out-of -State tuition and fees and providing for waivers thereof as required by action of the 1971 General Assembly, asking Professor Scott to comment in detail. After a lengthy discussion, motion was made by Mr. Boyce A. Whitmire, seconded by Mr. Arnold J. Hyde, and unanimously approved that the Board adopt the following resolution:

BE IT RESOLVED by the Board of Trustees of Western Carolina University that the non-resident tuition rates specified in House Bill 1087, Chapter 845 of the 1971 Session Laws be adopted; and,

BE IT FURTHER RESOLVED that, in lieu of the additional $24 tuition charge for non-resident students levied by the Board of Trustees in its regular meeting on March 18 , 1971 , full-time non-resident students shall pay, in addition to all other fees and charges, a General University Fee of $24 per academic year to cover additional costs of processing and matriculation; that the tuition costs for part-time undergraduate nonresident students shall be $19 per quarter hour. A part-time student is hereby deemed to be any undergraduate student taking fewer than 12 hours per quarter.

BE IT FURTHER RESOLVED that the tuition for part-time graduate non-resident students shall be $20 per quarter hour. A part-time graduate student is defined as one taking fewer than 9 hours per quarter.

BE IT FURTHER RESOLVED that notice of new rates be given as soon as possible to non-residents who have been accepted for enrollment or re-enrollment for the 1971-72 academic year; that catalogues be revised to announce the 1972-73 non-resident rates; that Western Carolina University honors contracts for employment which were entered into prior to July 13, 1971, with non-resident graduate students, where one of the terms of employment was the granting of a special tuition rate; that Western Carolina University honor existing contracts with federal agencies where the tuition rate to be paid for nonresident participants is specified, provided that such contracts cannot be adjusted internally or renegotiated and that, insofar as possible, new contracts for future years be based on the new non-resident tuition rates; that a special tuition rate not lower than the North Carolina resident rate may be granted in the discretion of the President to a non-resident of North Carolina who is solicited for "special talent;" that waivers of all or part of the out-of -State tuition rate may be granted in the discretion of the President for all graduate and undergraduate students considered to have special talents qualifying them for scholarships, fellowships, or assistantships, or who are solicited from other countries because of their special talent to make intercultural contributions to the University.

Dr. Pow then presented a resolution adopting the $50 admissions deposit for returning students and $100 admissions deposit for new students as required by the 1971 General Assembly, with the request that Professor Scott elaborate on this resolution. Motion was made by Mr. Arnold J. Hyde, seconded by Senator Norton, and unanimously approved that the Board adopt the following resolution:

It has come to the attention of the Board of Trustees of Western Carolina University that the General Assembly of North Carolina enacted into law Chapter 1086, same being ratified July 21, 1971; and ,

WHEREAS, Section 2 of said Chapter 1086 of the General Session Laws provides inter alia that an advance deposit of a certain sum must be made by prospective students applying for admission; and, WHEREAS, said act further provides conditions for waiving said deposit the time within which the same must be paid, the manner and amount of refund and the disposition of forfeited deposits;

NOW, THEREFORE, be it resolved by the Board of Trustees of Western Carolina University that Section 2 of Chapter 1086 of the General Session Laws of 1971 be and the same is hereby adopted in its entirety.

This 20th day of August, 1971.

Section 2. G. S. 116-143 is amended by adding the following paragraph after the first paragraph:

Each board of trustees shall require that each applicant for admission who is accepted by the institution remit to the institution an advance deposit of not less than one hundred dollars ($100.00) to be applied against the student's tuition and fees for the academic term for which he has been accepted, said sum to be paid within three weeks of the mailing by the institution of the notice of acceptance; if the deposit is not paid within said period the applicant shall be assumed to have withdrawn his application. In the event of hardship, the deposit may be waived by the institution in its discretion. If the applicant, after remitting his deposit, decides not to attend the institution and gives notice of this decision by May 1, in the case of application for the fall term, or at least one month prior to the beginning of the term, in the case of application for the spring or winter term, the deposit shall be refunded. Deposits made by students who fail to give notice of withdrawal to the institution as provided above shall be forfeited to the institution and shall be used to supplement appropriations for scholarships; provided, however, that any deposit shall be refundable if in the judgment of the institution the withdrawal of an applicant is the result of illness, a call to military duty or other circumstances which are beyond the student's control and which the institution deems adequate.

Each board of trustees shall require that an advance deposit of fifty dollars ($50.00) be made by each student enrolled for the regular academic year who intends to return for the succeeding academic year. The fee shall be paid during the last regular term of the academic year preceding the academic year for which the deposit is being paid. In the event of hardship, the deposit may be waived by the institution in its discretion. The deposit shall be applied against the student's tuition and fees in the event he returns. If he decides not to return to the institution and gives notice of his decision within 30 days after the last day of the term in which he made the deposit, or if the institution determines that he is not eligible to return, the deposit shall be refunded. Deposits made by students who fail to give notice of withdrawal as provided above shall be forfeited to the institution and shall be used to supplement appropriations for scholarships; provided, however, that any deposit shall be refundable if in the judgment of the institution the withdrawal of an applicant is the result of illness, a call to military duty or other circumstances which are beyond the student's control and which the institution deems adequate.

Each board of trustees shall require that a nonrefundable application fee of ten dollars ($10.00) accompany each application for admission.

Dr. Pow presented a resolution with respect to resident status for tuition payments as recommended by State agencies on the basis of the enactment by the 1971 General Assembly. Professor Scott commented briefly regarding this resolution. Upon motion by Mr. Harman, seconded by Mr. E. J. Whitmire, it was unanimously approved that the Board adopt the following resolution:

The 1971 session of the General Assembly of North Carolina adopted legislation which changed the eligibility for in-State tuition; and,

WHEREAS, the State Board of Higher Education has requested the boards of trustees of each of the senior tax supported institutions of higher education to adopt the necessary changes to Appendix A of the residence manual so that the same will conform to the new 1971 legislation;

NOW, THEREFORE, be it resolved that the tuition charge for legal residents of North Carolina is less than for non-residents. To qualify for in-State tuition, a legal resident must have maintained his domicile in North Carolina for at least the twelve months next preceding the date of first enrollment or re-enrollment in an institution of higher education in this state. Student status in an institution of higher education in this state shall not constitute eligibility for residence to qualify said student for in-State tuition; and,

BE IT FURTHER RESOLVED, a minor is any person who has not reached the age of eighteen years. The legal residence of a person under eighteen years of age at the time of his first enrollment in an institution of higher education in this state is that of his parents, surviving parent, or legal guardian. In cases where parents are divorced or legally separated, the legal residence of the father will control unless custody of the minor has been awarded by the court to the mother or to a legal guardian other than a parent. No claim of residence in North Carolina based upon residence of a guardian in North Carolina will be considered if either parent is living unless the action of the court appointing the guardian antedates the student's first enrollment in a North Carolina institution of higher education by at least twelve months; and,

BE IT FURTHER RESOLVED, an adult is any person who has reached the age of eighteen years. Persons, eighteen or more years of age at the time of first enrollment in an institution of higher education, are responsible for establishing their own domicile. Persons reaching the age of eighteen, whose parents are and have been domiciled in North Carolina for at least the preceding twelve months, retain North Carolina residence for tuition payment purposes until domicile in North Carolina is abandoned. If North Carolina residence is abandoned by an adult, maintenance of North Carolina domicile for twelve months as a nonstudent is required to regain in-State status for tuition payment purposes; and,

BE IT FURTHER RESOLVED, the legal residence of a wife follows that of her husband, except that a woman currently enrolled as an in-State student in an institution of higher education may continue as a resident even though she marries a non-resident. If the husband is a nonresident and separation or divorce occurs, the woman may qualify for in-State tuition after establishing her domicile in North Carolina for at least twelve months as a non-student; and,

BE IT FURTHER RESOLVED, no person shall lose his in-State resident status by serving in the Armed Forces outside of the State of North Carolina. A member of the Armed Forces may obtain in-State residence status for himself , his spouse, or his children after maintaining his domicile in North Carolina for at least the twelve months next preceding his or their enrollment or re-enrollment in an institution of higher education in this state; and,

BE IT FURTHER RESOLVED, aliens lawfully admitted to the United States for permanent residence may establish North Carolina residence in the same manner as any other non-resident; and ,

BE IT FURTHER RESOLVED, ownership of property in or payment of taxes to the State of North Carolina apart from legal residence will not qualify one for the in-State tuition rate; and,

BE IT FURTHER RESOLVED, the residence status of any student is determined as of the time of his first enrollment in an institution of higher education in North Carolina except:

(a) in the case of a non-resident student at the time of first enrollment who has subsequently maintained domicile as a non-student for at least twelve consecutive months and

(b) in the case of a resident who abandons his legal residence in North Carolina.
In either case, the appropriate tuition rate will become effective at the beginning of the first subsequent term enrolled, and,

BE IT FURTHER RESOLVED, any student or prospective student in doubt concerning his residence status must bear the responsibility for securing a ruling by stating his case in writing to the Director of Admissions. The student who, due to subsequent events becomes eligible for a change in classification, whether from out-of-State to in-State or the reverse, has the responsibility of immediately informing the Vice President for Business Affairs or the Business Manager of this circumstance in writing. Failure to give complete and correct information regarding residence constitutes grounds for disciplinary action.

Dr. Pow then stated the next item on the agenda was a resolution regarding authority of the University to levy fines for parking and traffic offenses. It was moved by Senator Norton, seconded by Mr. Lockamy, and unanimously approved by the Board that the following resolution be adopted:

The General Assembly enacted into law during its regular 1971 session Senate Bill 591, which provided that the Board of Trustees at Western Carolina 'University was authorized to impose certain charges or penalties for violations of traffic rules on the campus of said University.

Said Bill further provided that the Board of Trustees may delegate any part or all of the authority created under said Bill to any person, persons, committees, or organizations it deemed appropriate.

NOW, THEREFORE, the Board of Trustees of Western Carolina University hereby delegates to the President of Western Carolina University all authority it has received by virtue of said Bill and specifically authorizes the President of Western Carolina University to further delegate any part or all of this authority to any person, persons, committees, or organizations he deems desirable.

AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES AT WESTERN CAROLINA UNIVERSITY TO IMPOSE CHARGES OR PENALTIES FOR VIOLATIONS OF TRAFFIC RULES ON THE CAMPUS OF SAID UNIVERSITY.

Section 1. Chapter 853 of the Session Laws of 1969 is hereby amended by adding thereto a new section, which shall be designated as "Section 3" and shall read as follows:

Sec. 3. 1. The Board of Trustees of Western Carolina University is hereby authorized to impose certain charges or penalties for violations of the traffic rules and regulations on the campus of Western Carolina University, as follows:

(a) For illegal parking or parking overtime a penalty or charge of not less than one dollar ($1.00) nor more than five dollars ($5.00) for each offense;

(b) For failing to register a vehicle using the campus parking system or for causing a vehicle to be improperly registered a charge or penalty of not less than one dollar ($1.00) nor more than ten dollars ($10.00) for each offense;

(c) For speeding in excess of regulations imposed by the Board of Trustees which is lower than designated by the provisions of G. S. 20-141 and sub-sections thereunder, a fine may be imposed of not less than one dollar ($1.00) nor more than ten dollars ($10.00) for each offense; and in addition thereto for a violation of (a) above said vehicle may be towed away at the owner's expense, not to exceed, however, ten dollars ($10.00) for each offense; and as a further penalty for violating (a), (b), or (c) hereof the car may be expelled from the campus and the owner or use thereof may not again park any car on said campus;

(d) The Board of Trustees may enact and pass additional regulations giving notification to car owners or users, holding hearings, if requested, including the right to determine the guilt or innocence of all violators of these regulations, or it may delegate this authority, including any part or all authority contained in this act, to persons, committees, or organizations which, in its discretion, it deems appropriate. All determinations and findings by the Board of Trustees or its appropriately delegated representatives shall be final.

Sec. 2. This act shall take effect upon its ratification.

Dr. Pow presented a resolution concerning Mr. James E. Kirkpatrick. Upon motion by Mr. Mitchell, seconded by Senator Norton, the Board unanimously approved the adoption of the following resolution:

WHEREAS, James E. Kirkpatrick has served Western Carolina University and the State of North Carolina faithfully and well as business manager of the University since 1962; and,

WHEREAS, James E. Kirkpatrick has made significant contributions to the development of the institution, Jackson County, and civic and philanthropic undertakings in the region; and,

WHEREAS, the Board of Trustees of Western Carolina University desires to express its sincere appreciation to Mr. Kirkpatrick for his services;

NOW, THEREFORE, BE IT RESOLVED THAT:

1. Mr. Kirkpatrick be and hereby is commended by this Board for his outstanding role in the advancement of the University.

2. A copy of this resolution be entered in the minutes of this Board.

3. A copy of this resolution be sent to Mr. Kirkpatrick.

Adopted unanimously by the Board of Trustees of Western Carolina University the twentieth day of August, 1971, at Cullowhee, North Carolina.

/s/Wallace N. Hyde Chairman

/s/Alex S. Pow, Secretary

Dr. Turner was then requested to present the list of possible August, 1971, graduates. Motion was made by Mr. Boyce A. Whitmire, seconded by Mr. Harman, that the Board approve the list of candidates for degrees and certificates to be awarded August 20, 1971, provided these candidates complete requirements for graduation. (Exhibit #4 on file in the President's Office. )

Dr. Pow then presented to the Board an informational memorandum regarding the Card-Key System for residence halls, with remarks being made by Dean Davis and Mr. Lockamy. It was moved by Mr. Boyce A. Whitmire, seconded by Senator Norton, that the Board approve the installation of this system. The vote of the Board was unanimous. (See Exhibit #5 for the above memorandum on file in the President's Office.)

At this point the Board went into executive session.Open Meeting Act

There being no further business, the Board adjourned at 3:30 p.m.

Respectfully submitted,

____________________________
Wallace N. Hyde, Chairman

____________________________
Alex S. Pow, Secretary

 

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