The official CU Board of Regents agenda is the agenda located online at www.boarddocs.com/co/cu/Board.nsf

See the attached report. 

The Board of Regents' adopted rules of parliamentary procedure, Robert's Rules of Order Newly Revised, provide for a consent agenda listing several items for approval of the board by a single motion. Most of the items listed under the consent agenda have gone through board committee review and recommendation. Items may be removed from the consent agenda at the request of any board member.

Once the minutes for the following meetings are approved by the board, they will be made public: 

April 8, 2021

April 22, 2021

April 28, 2021

May 6, 2021

May 19, 2021

May 24, 2021

June 1, 2021

June 10, 2021

RECOMMENDATION FROM:  Chancellor Venkat Reddy, with the concurrence of Provost Thomas M. Christensen.

STATEMENT OF INFORMATION:  

I have reviewed these tenure cases and have approved them. I attest that they are consistent with all requirements of regent policy.

PREVIOUS ACTION(S):  

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  Chancellor Venkat Reddy, with the concurrence of Provost Thomas M. Christensen.

STATEMENT OF INFORMATION:  

I have reviewed this tenure case and have approved it. I attest that it is consistent with all requirements of regent policy.

PREVIOUS ACTION(S):  

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  Chancellors Donald M. Elliman, Jr., and Michelle Marks, with the concurrence of Provost Nairn 

STATEMENT OF INFORMATION:  I have reviewed these sabbatical applications and have approved them. I attest that they are consistent with all requirements of regent policy.

PREVIOUS ACTION(S):  

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  Chancellor Marks and Chancellor Elliman, with the concurrence of Provost Nairn.

STATEMENT OF INFORMATION:  We have reviewed these tenure cases and have approved them. We attest that they are consistent with all requirements of regent policy.

PREVIOUS ACTION(S):  

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  Chancellor Marks and Chancellor Elliman, with the concurrence of Provost Nairn

STATEMENT OF INFORMATION:  We have reviewed these tenure cases and have approved them. We attest that they are consistent with all requirements of regent policy.

PREVIOUS ACTION(S):  

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  Chancellor Philip P. DiStefano with the concurrence of Provost Russell L. Moore.

STATEMENT OF INFORMATION:  

I have reviewed these tenure cases and have approved them. I attest that they are consistent with all
requirements of regent policy.

PREVIOUS ACTION(S):  None

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  Chancellor Philip P. DiStefano with the concurrence of Provost Russell L. Moore.

STATEMENT OF INFORMATION:  

I have reviewed these tenure cases and have approved them. I attest that they are consistent with all
requirements of regent policy.

PREVIOUS ACTION(S):  None

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  Chancellor Philip P. DiStefano

STATEMENT OF INFORMATION:  

I have reviewed these sabbatical applications and approve them. I attest that they are consistent with all
requirements of regent policy.

PREVIOUS ACTION(S):  None

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  

Chancellor DiStefano, with the concurrence of Interim Vice Chancellor for Advancement Derek Bellin, and Athletic Director Rick George

STATEMENT OF INFORMATION:  

Longtime supporter, UCHealth, has made a gift commitment in the amount of $3 million to the University of Colorado Athletics’ Sustainable Excellence Fund as well as a $9 million marketing fee to University of Colorado Athletics.

This action, if approved, will allow UCHealth, in recognition of its generous commitment, to display the name “UCHealth Champions Center” on the northeast tower archway facing into Buffs Plaza and the northwest tower facing into Folsom Field of Champions Center building. UCHealth has been a great partner for the University of Colorado highlighted by their support of CU Athletics and CU School of Medicine. The UCHealth University of Colorado Hospital, located on the University of Colorado Anschutz Campus, is the principal teaching hospital for the CU School of Medicine and was ranked the #1 hospital in the state of Colorado by the US News and World Report in 2019. UCHealth has been the Official Healthcare Systems Partner of the Colorado Buffaloes for the past 4 years.

The Champions Center is the main Athletics Complex on the Boulder Campus located in the NE Corner of Folsom Field. It houses CU Athletics Administration, Olympic sports, the fueling hub for all student-athletes, Crawford Club, Rooftop Terrace and the CU Sports Medicine and Performance Center.

Terms are as set forth herein and are abbreviated below:

Name:

UCHealth Champions Center

Term:

15 years from the date of the agreement and the Right of First Refusal shall be offered at the end of the term

Rights Fee for Naming Rights:

UCHealth is investing $12 million. $3 million will be a gift from the UCHealth Foundation to the Sustainable Excellence Initiative. The remaining $9 million will be a naming rights agreement paid to CU Athletics. For this naming rights agreement, an annual payment of $600,000 will be paid to CU Athletics for 15 years starting in FY22

PREVIOUS ACTION(S):  

None.

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  

Chancellor DiStefano, with the concurrence of Provost and Executive Vice Chancellor for Academic Affairs Moore, Executive Vice Chancellor and Chief Operating Officer O’Rourke and Vice Chancellor for Infrastructure and Sustainability Kang.

STATEMENT OF INFORMATION:  

The Boulder Campus is requesting approval of a program plan for the COSINC Laboratory on the East Campus. COSINC is an open-research, multi-disciplinary program serving academic, industrial and governmental researchers across campus and beyond. The COSINC cleanroom project requires the renovation of an existing research lab (3,500 ASF) on the ground floor of the Sustainability, Energy, and Environment Laboratory (SEEL). The cleanroom laboratory also requires construction of a new mechanical equipment room (1,200 ASF) adjacent to the renovated space. The facility offers a common platform for the convergence of multiple scientific and engineering disciplines and facilitates collaborative research with strategic partners and information exchange. A total of $6.8 million in campus cash spending authority is requested for the project. Funding will be derived from non-state, cash funding from capital reserves. Design has commenced. The start of construction is anticipated in August 2021, followed by occupancy in February 2022.

The current cleanroom located in the Engineering Center is almost 15 years old. The environmental controls such as the relative humidity, vibrations, temperature and air flow within this space are not stable and out of the range of specifications required for nanofabrication processes and research. This has impacted various faculty research projects within the college and across campus. The new cleanroom on the ground floor is designed with the appropriate environmental controls that will enable the current projects and create new ones by attracting new users. In addition, the new laboratory will be co-located with the COSINC characterization facility and other research facilities, which will better serve the research community, all in one location.

On May 27, this item was reviewed and discussed at the CU Regents Finance Committee meeting. The four findings required by the CU Board of Regents are as follows:

A. Conformity with Institutional Master Plan

The project is critical to the university meeting its mission for the state of Colorado established by section 23-20-101, Colorado Revised Statutes:

The Boulder Campus of the University of Colorado shall be a comprehensive graduate research university with selective admissions standards. The Boulder Campus of the University of Colorado shall offer a comprehensive array of undergraduate, masters, and doctoral degree programs.

The plan to maintain facilities is consistent with the campus’ strategic plan goal to:

…create a university environment that will be intellectually inspiring, academically challenging, welcoming, supportive and conducive to positive personal growth and, for CU Boulder to be an agile organization supported by effective leadership, financial and operational models, and infrastructure.

The plan is consistent with the draft 2021 Campus Master Plan and the 2011 Campus Master Plan goals to reduce long-term operational costs, provide better comfort for building occupants, and support learning and research.

The plan supports all three of the campus strategic imperatives: Shape tomorrow’s leaders; be the top university for innovation; and positively impact humanity.

B. Evidence of Educational Program Benefits

The plan to maintain facilities will support the mission of CU Boulder and will invest in the tools for success by increasing investments in new technologies, and new and existing campus facilities as outlined in the board approved campus strategic plan.

C. Appropriateness of Financing

The project is estimated to cost $6,762,147, which will be supported from non-state, cash funding from capital reserves.

D. Consistency with Campus Capital Improvement Program

The project will be included in the CU Boulder FY21-22 Two Year Cash List.

PREVIOUS ACTION(S):  

None.

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

See the attached documents. 

RECOMMENDATION FROM:  

Chancellor DiStefano, with the concurrence of Provost and Executive Vice Chancellor for Academic Affairs Moore, Executive Vice Chancellor and Chief Operating Officer O’Rourke and Vice Chancellor for Infrastructure and Sustainability Kang.

STATEMENT OF INFORMATION:  

A schedule extension of spending authority is required to complete the build out of space in the academic wing. The project will utilize approved state and cash funding consistent with the intent of the original academic wing project to support the creation of space for student participation in cutting-edge biotechnology, chemistry, and biochemistry research. As described in years past, this programming will support the development of a workforce in Colorado that is well-prepared for successful careers in one of the state’s primary, targeted growth industries. The project will fit out 3,254 assignable square feet in a new Visualization Suite that will provide hands-on, student learning/training of highly technical research equipment. The suite will include a microscopy lab, a shared instrumentation lab (biochemistry), and an x-ray common-use lab (chemical and biological engineering). This project was contemplated in the approved academic wing program plan and recently defined for fit-out.

The build out was delayed while research faculty evaluated remaining student and programmatic needs after the building was opened. Additional time is needed to allow the university to develop the best program space possible to benefit students. The project will provide students with real-world training in a working research environment and will yield an unsurpassed workforce experience that is unavailable elsewhere in the state.

On May 27, this item was reviewed and discussed at the CU Regents Finance Committee meeting. The four findings required by the CU Board of Regents are as follows:

A. Conformity with Institutional Master Plan

The project is critical to the university meeting its mission for the state of Colorado established by section 23-20-101, Colorado Revised Statutes:

The Boulder Campus of the University of Colorado shall be a comprehensive graduate research university with selective admissions standards. The Boulder Campus of the University of Colorado shall offer a comprehensive array of undergraduate, masters, and doctoral degree programs.

The plan to maintain facilities is consistent with the campus’ strategic plan goal to:

…create a university environment that will be intellectually inspiring, academically challenging, welcoming, supportive and conducive to positive personal growth and, for CU Boulder to be an agile organization supported by effective leadership, financial and operational models, and infrastructure.

The plan is consistent with the draft 2021 Campus Master Plan and the 2011 Campus Master Plan goals to support learning and research.

The plan supports all three of the campus strategic imperatives: Shape tomorrow’s leaders; be the top university for innovation; and positively impact humanity.

B. Evidence of Educational Program Benefits

The project will provide students with real-world training in a working research environment and will yield an unsurpassed workforce experience that is unavailable elsewhere in the state.

C. Appropriateness of Financing

The cost of the lab is included in the original appropriations and spending authority. No additional spending authority is sought.

D. Consistency with Campus Capital Improvement Program

This improvement is included in the approved JSCBB program plan and is in line with campus master plan goals.

PREVIOUS ACTION(S):  

On June 16, 2017, the Board of Regents approved a budget amendment to the Program Plan for a Systems Biotechnology Building.

On November 18, 2010, the Board of Regents approved the third amendment to the Program Plan for a Systems Biotechnology Building.

On June 24, 2010, the Board of Regents approved the naming of the systems biotechnology building as the “Jennie Smoly Caruthers Biotechnology Building.”

On June 23, 2009, the Board of Regents approved the second amendment to the Program Plan for a Systems Biotechnology Building.

On November 20, 2008, the Board of Regents approved an amendment to the Program Plan for a Systems Biotechnology Building.

On June 29, 2006, the Board of Regents approved the Program Plan for a Systems Biotechnology Building.

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  

Chancellor Don Elliman

STATEMENT OF INFORMATION:  

The University of Colorado Anschutz Medical Campus (CU Anschutz) is seeking approval from the University of Colorado Board of Regents (CU BOR) to complete the design and construction of a new 26,100 gross square feet (GSF), Net-Zero energy, Campus Safety & Emergency Preparedness Facility.
 

The proposed facility is essential to our ability to accommodate the immediate and future safety needs of our growing campus population. The new facility will allow us to consolidate the various growing departments and functions of our campus safety & preparedness team (currently housed in three locations on campus) into one, modern, code compliant facility.
 

The entire Project has a budget of $15,394,688 and has a planned schedule of approximately 14 months with occupancy anticipated in June of 2022.
 

A. Conformity with the Institutional Facility Master Plan and Academic Master Plan

The campus maintains a full-service Police force, currently staffed by 28 full-time law enforcement officers, responding to reports of criminal acts and emergencies on the CU Anschutz Medical Campus.

While this project was not specifically called out in the Anschutz Medical Campus 2012 Facilities Master Plan, providing a new code compliant facility for our campus safety and emergency preparedness team has always been on our radar.
 

The Campus Safety & Preparedness team’s current main base of operation is on Building 407; a structure un-suited for the nature of its occupancy. Building 407 was originally constructed in the 1940s as one of 5 temporary barrack structures as part of the original Fitzsimons Army Medical Garrison. The building has a Facility Condition Index (FCI) of 71%; needing substantial additional remodeling and maintenance to reach our target FCI of 80%. More importantly, its structural design falls under the International Building Code Occupancy Category II, representing a moderate hazard to human life in the event of structural failure.
 

The proposed facility will accommodate the immediate and long-term safety needs of a growing campus. The building will provide a new, consolidated headquarters for the campus safety and preparedness team including Police Operations, Electronic Security, Emergency Communications, and Emergency Management. The new facility will become the campus’ first net zero energy building.
 

The Campus Safety & Preparedness Facility will include the adaptive reuse of our existing 610 building along with a new two-story structural addition. It will be designed to an International Building Code (IBC) Occupancy Category of IV - Essential Facility. As such, the structure will remain operational in the event of extreme environmental loading (from flood, wind, snow, earthquakes, etc.) for the delivery of vital services and for the protection of the community.
 

B. Evidence of Educational Program Benefits and Conformance with Role and Mission
 

The mission of the University of Colorado Anschutz Medical Campus is to be a “diverse teaching and learning community that creates, discovers and applies knowledge to improve the health and wellbeing of Colorado and the world.”

The University of Colorado is committed to protecting the health and safety of the Campus Community and to creating a safe learning, working and researching environment. As our campus programs continue to succeed, and our population to subsequently grow, it has become incumbent upon us to design and construct a modern, code compliant facility to better house our highly valued and respected campus safety and preparedness team.

C. Appropriateness of Financing
 

In December of 2020, CU Anschutz selected Saunders/Anderson Mason Dale Architects as one of two Design/Build Entities to engage in an eight week program verification and design competition, including participation with user groups and the Design Review Board. Working with the campus officers and facilities stakeholders, the design-build team began Program Confirmation of the new facility needs (using an existing Program Plan based on work completed by the DLR Group in 2017) to begin the competition. The Programming and Schematic Design phases took place during the months of January and February, 2021. Subsequent to this design competition, teams submitted sealed cost proposals to support the design, construction, and overall project management for this new facility. Proposals were then ranked with design excellence given 60% of the value of the weighted selection criteria and cost given 40%.
 

The estimate of total Project costs for this net-zero facility is $15,394,688.
 

D. Consistency with the Campus Five-Year Capital Improvements Program
 

The University of Colorado Anschutz Medical Campus, in a concurrent action item, is requesting that this project be added to the FY 2022-2023 two year projection of cash need and is submitting an amended CC-LCF form for approval.

PREVIOUS ACTION(S):  

No previous action.

CONCURRENT ACTION:

The University of Colorado Anschutz Medical Campus, in a concurrent action item, is submitting the FY 2022-23 CC-LCF form for this project for Board of Regents approval.

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  

Treasurer Tony Vu, with the concurrence of Senior Vice President and CFO Todd Saliman and Associate Treasurer Chuck Cook.

STATEMENT OF INFORMATION:  

See attached.

PREVIOUS ACTION(S):  

Twenty-Fourth Supplemental Resolution adopted April 2, 2020

Twenty-Fifth Supplemental Resolution adopted February 11, 2021

RECOMMENDATION FROM:  

Treasurer Tony Vu, with the concurrence of Senior Vice President and CFO Todd Saliman, and Associate Treasurer Chuck Cook.

STATEMENT OF INFORMATION:  

See attached.

PREVIOUS ACTION(S):  

Twenty-Fourth Supplemental Resolution adopted April 2, 2020

Twenty-Fifth Supplemental Resolution adopted February 11, 2021

RECOMMENDATION FROM:  

Chancellor Don Elliman, University of Colorado Anschutz Medical Campus

STATEMENT OF INFORMATION:  

The General Assembly of the State of Colorado enacted Senate Bill 91-225 (codified in Colorado Revised Statutes sections 23-21-501 through 23-21-604), which created the University of Colorado Hospital Authority (“Hospital Authority”), established the Board of Directors for the Hospital Authority, and authorized the Regents of the University of Colorado to appoint the Board of Directors.

Colorado Revised Statutes section 23-21-503 (2) states that a Director shall be appointed from each Congressional district, one of whom shall reside west of the Continental Divide, that the appointment of the Directors from the Congressional districts shall be subject to the advice and consent of the Colorado State Senate, and that not more than four Directors shall be employees of the University of Colorado or of the Hospital Authority. 

Mr. Saliman’s appointment will be in an at-large capacity and will not require the advice and consent of the Colorado State Senate.

PREVIOUS ACTION(S):  

This will be Mr. Saliman’s first term on the Hospital Authority Board of Directors.

CHANCELLOR'S SIGNATURE: 

RECOMMENDATION FROM:  Chancellor Phil P. DiStefano

STATEMENT OF INFORMATION: This action, if approved, will establish a multi-year employment agreement (“Agreement”) with Thomas Boyle, Head Coach Men’s Basketball.

Terms are as set forth herein, abbreviated, and attached:

Term:

July 1, 2021 – June 30, 2026

Base, Supplemental, Incentive Salary (Competitive & Academic Success)

Base Salary: $300,000

Supplemental Salary:

            Radio, Television and Public Appearances: $625,000,

            Promotion and Fundraising: $625,000,

            Sponsorship Support: $625,000

            Community Relations and Outreach: $220,000

            Basketball Camps: $30,000,

Incentive Salary:

            Team wins 19 regular season games: $30,000

            Team wins 21 regular season games: $30,000

            Pac-12 Regular Season Conference Champions: $105,000

            Pac-12 Tournament Semi-finalist: $75,000

            Pac-12 Tournament Conference Champions: $30,000

            Pac-12 Coach of the Year: $30,000

            National Coach of the Year: $75,000

            Team participates in post-season NIT Championship: $30,000

            Team wins post-season NIT Championship: $75,000

            Team participates in Round 1 of NCAA Tournament: $105,000

            Team participates in Round 2 of NCAA Tournament: $30,000

            Team participates in Sweet 16 of NCAA Tournament: $30,000

            Team participates in Elite 8 of NCAA Tournament: $30,000

            Team participates in Final 4 of NCAA Tournament: $105,000

            Team wins NCAA National Championship: $750,000

Allowances (If Applicable):

Receives a courtesy car

Country Club Membership: $7,200

Tickets: 8 season tickets for Women’s Basketball, Football and Men’s Basketball

Nike: $3,500

Retention Bonus

If Boyle is employed as the Head Men’s Basketball Coach on July 1, 2023, Boyle to receive a Retention Bonus of $200,000. If Boyle is employed as the Head Men’s Basketball Coach on July 1, 2025, Boyle to receive a Retention Bonus of $200,000.

Termination by Head Coach/Liquidated Damages

If Boyle terminates this Agreement prior to the expiration of its term, Boyle shall pay the University as liquidated damages the sum of:

            (i) Five Hundred Thousand Dollars ($500,000) if terminated on or before June 30, 2022.

            (ii) Five Hundred Thousand Dollars ($500,000) if terminated after June 30, 2019 and on or before June 30, 2023.

            (iii) Two Hundred Fifty Thousand Dollars ($250,000) if terminated after June 30, 2020 and on or before June 30, 2024

            (iv) Two Hundred Fifty Thousand Dollars ($250,000) if terminated after June 30, 2021 and on or before June 30, 2025

            (v) One Hundred Thousand Dollars ($100,000) if terminated after June 30, 2022 and on or before June 30, 2026

            (vi) One Hundred Thousand Dollars ($100,000) if terminated during any Contract Year after the University issues a notice of intent not to extend under paragraph 2.b

Termination by Without Cause, Damage Mitigation Obligation

The contract provision regarding the maximum amount of damages Coach may claim if the University terminates the agreement without cause.  Provision provides that Coach can only claim damages from the University in an amount up to and which shall not exceed:

(i) the amount of his Base Salary for the period from the date of the termination through June 30, 2026;

(ii) the total amount of his Supplemental Salary for (A) radio, television and public appearances, (B) his promotion and fundraising and (C) sponsorship support for the period from the date of termination through June 30, 2026; and

(iii) the total amount of Incentive Salary for Performance and Incentive Salary Related to Competitive Success earned under the terms of this Agreement and unpaid prior to the date of termination. Incentive Salary for Performance based on the academic progress of Basketball Program student-athletes shall be considered earned prior to termination even if the calculation supporting the payment of Incentive Salary for Performance is not available until after the date of termination.

PREVIOUS ACTION(S):

Regents approved 5 year Amended and Restated Agreement for Boyle on February 11, 2021.

Regents approved 5 year Amended and Restated Agreement for Boyle on February 13, 2020.

Regents approved 5 year Amended and Restated Agreement for Boyle on February 13, 2019

Regents approved 5 year Amended and Restated Agreement for Boyle on June 21, 2018

Regents approved 5 year Amended and Restated Agreement for Boyle on April 10, 2017.

Regents approved 5 year Amended and Restated Agreement for Boyle on February 19, 2016.

Regents approved 5 year Amended and Restated Agreement for Boyle on May 27, 2015.

Regents approved 5 year Amended and Restated Agreement for Boyle on June 20, 2013.

Regents approved 5 year Amended and Restated Agreement for Boyle on February 23, 2012.

Regents approved 5 year Agreement for Boyle on May 9, 2010. 

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  Chancellor Phil P. DiStefano

STATEMENT OF INFORMATION: This action, if approved, will establish a multi-year employment agreement (“Agreement”) with Ali-Marie Payne, Head Coach Women’s Basketball.

Terms are as set forth herein, abbreviated, and attached:

Term:

The University agrees to employ Payne as the Head Women’s Basketball Coach for the University of Colorado Boulder for a term extending through April 30, 2026.

Base, Supplemental (if applicable), Incentive Salary (Competitive & Academic Success) (if applicable)

Base Salary: $300,000

Supplemental Salary:

             Public Relations and Fundraising: $43,750

            Community Outreach: $43,750

            Basketball Camps: $30,000,

Incentive Salary:

            Team wins 19 regular season games: $30,000

            Team wins 21 regular season games: $30,000

            Pac-12 Regular Season Conference Champions: $30,000

            Pac-12 Tournament Conference Champions: $30,000

            Pac-12 Coach of the Year: $25,000

            Team participates in Round 1 of NCAA Tournament: $25,000

            Team participates in Round 2 of NCAA Tournament: $30,000

            Team participates in Sweet 16 of NCAA Tournament: $50,000

            Team participates in Elite 8 of NCAA Tournament: $75,000

            Team participates in Final 4 of NCAA Tournament: $75,000

            Team participates in National Championship Game: $75,000

            Team wins NCAA National Championship: $150,000

            Team attains APR rating of 980 at end of each academic year: $10,000

Allowances (If Applicable):

Courtesy Car Stipend: $7,200

Tickets: 10 season tickets for Women’s Basketball, 8 season tickets for Football and Men’s Basketball

Nike: $3,500

Termination by Head Coach/Liquidated Damages

If Payne terminates this Agreement prior to the expiration of its term, Payne shall pay the University as liquidated damages the sum:

            (i) $300,000 if terminated on or before April 30, 2022,

            (ii) $300,000 if terminated after April 30, 2022 and on or before April 30, 2023,

            (iii) $150,000 if terminated after April 30, 2023 and on or before April 30, 2024

            (iv) $150,000 if terminated after April 30, 2023 and on or before April 30, 2025.

            (v) $50,000 if terminated after April 30, 2025 and on or before April 30, 2026.

Termination by Without Cause, Damage Mitigation Obligation

The Parties agree that the University reserves the right to terminate this Agreement without cause, without giving a reason, at any time, by giving Coach written notice of such decision. If the University terminates this Agreement prior to end of the Term for any reason other than Paragraph 12 or 14, of this Agreement, then University shall pay to Payne, in equal monthly installments, an amount equal to the Base and Supplemental Salary that would have been due to Payne under this Agreement had Payne remained employed by the University from the date of termination through the end of the Term.

PREVIOUS ACTION(S):

Regents approved 5 year Amended and Restated Agreement for Payne on April 5, 2018

Regents approved 5 year Amended and Restated Agreement for Payne on April 11, 2017

Regents approved 5 year Agreement for Payne on April 9, 2016.

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

See the attached presentation.

RECOMMENDATION FROM:  

STATEMENT OF INFORMATION:  

PREVIOUS ACTION(S):  

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

See attached report.

See attached report and presentation.

RECOMMENDATION FROM:

Senior Vice President for Strategy, Government Relations and Chief Financial Officer Todd Saliman

STATEMENT OF INFORMATION:

The proposed budgets for FY 2021-22 reflect the collective efforts of the Regents, campuses, and the Office of the President. The proposed university budget follows guidance from the spending parameters identified in S.B. 21-205, the state’s Long Appropriations Bill in FY 2021-22.

Overall, the total current funds proposed budget for the university is $5.21 billion in FY 2021-22. Key total revenue changes compared to pre-pandemic FY 2019-20 levels include:

• Direct state funding (including special bills, tobacco and marijuana tax cash fund) is increasing from $262.2 million to $289.0 million, in the amount of $26.8 million (10.2%).
• Health Services revenue is increasing from $1,147.1 million to $1,317.7 million, in the amount of $170.6 million (14.9%).
• Resident tuition revenue is increasing from $519.4 million to $531.3 million, in the amount of     $11.8 million (2.3%). 
• Non-resident tuition revenue is increasing from $610.1 million to $613.4 million, in the amount of $3.3 million (0.5%).  

As in prior years, the university will primarily receive state funding in the form of College Opportunity Fund student stipends and a College Opportunity Fund Fee-For-Service agreement as approved by the General Assembly and Governor in the Long Appropriations Bill:

1. Stipends: Each eligible resident undergraduate who applies and is accepted by the College Opportunity Fund student stipend will receive $94/credit hour, or $2,820 for a student taking 30 credit hours. For the University of Colorado, stipends are estimated to generate $83.8 million in FY 2021-22.

2. Fee-for-Service:  A Fee-for-service contract totaling $179.5 million in FY 2021-22. This includes an amount of $94.0 million for Fee-for-Service pursuant to 23-18-303.5, $82.7 million for specialty education funding at CU Anschutz, and $2.8 million for limited purpose Fee-for-Service contracts related to targeted bills.
3. The University will also receive tobacco settlement funds at CU Anschutz totaling $15.2 million in FY 2021-22. Of this, $1.7 million is specifically targeted at Cancer research.

The budget also includes Higher Education Emergency Relief Funds (HEERF) from the Coronavirus Response and Relief Supplemental Appropriations Act and American Rescue Plan anticipated to be received in FY 2021-22, that may be spent on allowable expenditures at a combined total of $141.4 million.

The proposed FY 2021-22 budget demonstrates the university’s commitment to high-quality education, research, and health care. Additional investments are balanced against the desire to keep tuition in check, including the one-time post-pandemic tuition relief credit off-setting campus undergraduate tuition rate increases that ensure CU remains an excellent value for students.

The proposed budget has been detailed in the FY 2021-22 Operating Budget attachments below. Sections 1 thru 6 provide detailed information about the anticipated revenue, expenses, and anticipated enrollment levels by campus.

CU’s budget for FY 2021-22 (July 1, 2021 to June 30, 2022) is based on the best-known information as of June 2021.  Actual enrollment will be known by October 2021 after fall census, and variance from budget may require mid-year FY 2021-22 budget adjustments or revisions. 

PREVIOUS ACTION(S):

On April 8, 2021 the Board of Regents approved tuition and fee rates, compensation rates, and compensation revenue thresholds for FY 2021-22.

See attached.

RECOMMENDATION FROM:

Senior Vice President for Strategy, Government Relations and Chief Financial Officer Todd Saliman

STATEMENT OF INFORMATION:

The University of Colorado is committed to serving Colorado, the nation, and the world by fulfilling its mission to provide leadership in high-quality education and professional training, public service, advancing research and knowledge, and state-of-the-art health care.  In doing so, it is prudent to examine longer-term university budget forecasts to determine if budget gaps exist beyond the upcoming fiscal year, FY 2021-22.

The University needs to prepare for the budget forecasts of FY 2022-23 and beyond, as revenues are not forecasted to keep pace with projected expenses. This gap is due to a number of factors including, but not limited to, state funding, the need for additional financial aid and student support services, increasing competition for student enrollment, declining numbers of high school graduates, affordability and the need to keep tuition in-check, and the need to make investments to achieve strategic goals.

Recognizing that campus budget projections in the out years indicate that revenues will not keep pace with anticipated expenses, the university has developed strategies and proposals to partially offset the out-year shortfalls beginning in FY 2022-23.  These partial strategies are discussed below.  The university will present plans to close the remaining out year budget gaps at the November 2021 Board of Regents meeting.

CU Boulder Tiered Tuition Proposal

The CU Boulder Tiered Tuition proposal will maintain the quality of the campus’s Natural Science programs, which have included: 5 Nobel Laureates, 25 members of the American Academy of Arts and Sciences, 9 MacArthur grant recipients, and 4 National Medal of Science recipients.  These programs are also ranked highly in the U.S. News & World Report with 14 of CU Boulder’s natural sciences disciplines ranked in the top 50, and 4 in the top 10 (physical chemistry, atomic/molecular physics, clinical psychology, and quantum physics). 

National studies have shown that Natural Sciences are more expensive to deliver than Social Sciences. That is the case at CU Boulder as well. While the proposal does not result in resident students covering the full cost of Natural Science programs, it will better reflect the cost of the degree programs, as CU Boulder has found that Environmental Design and Natural Sciences have 4 percent and 76 percent higher instructional costs compared to other Arts and Sciences programs, respectively.

The proposal also considers that Natural Sciences program graduates have reported higher average annual salaries when compared to other Arts and Sciences program graduates.

Ninety-two percent of CU Boulder undergraduates in FY 2022-23 will not be affected by this change, and no students continuing from FY 2021-22 will be affected.

The proposal is anticipated to generate $6.9 million in tuition revenue that will be used to increase campus investments in:

• Financial aid for students in Natural Sciences program to be equivalent to Engineering student aid structure;
• Need-based and merit-based financial aid for all students;
• Investments in quality and student experience; and
• Investments in underserved and underrepresented students.

This proposal is also subject to approval from the JBC in the FY 2022-23 budget cycle.

Converting CU Denver and UCCS Mandatory Fees to Tuition

The proposed conversion of some mandatory fees to tuition at CU Denver and UCCS will make student billing clearer, enhance cost transparency and further promote simplicity and equity in charges for services available to all students.  This proposal recognizes that services and entities currently supported by these mandatory fees are part of the overall student experience and thus should be in tuition and not treated as an additive fee. 

This proposed conversion will have no impact ($0 and 0.0%) on the combined total tuition and mandatory fee rates assessed to students. But it will reduce administrative burden on the campuses and provide flexibility in budgeting and organizational structures.   

This proposal is also subject to approval from the JBC in the FY 2022-23 budget cycle.

Funding Source Flexibility for Denver Engineering and UCCS Engineering Renovation Projects

This proposal will add language to previously Board-approved capital construction program plans that will allow for added funding opportunities, such as additional gift funds, institutional cash contributions, or public-private partnerships to be used to complete projects.

Both projects are now included in the FY 2022-23 prioritized state-funded capital projects list, but the availability of state funding remains unclear at best.

Forecasted enrollment to both engineering programs is anticipated to increase as a result of the new facilities at each campus.

PREVIOUS ACTION(S):

On April 8, 2021, the Board of Regents approved tuition and fee rates for FY 2021-22.

On June 18, 2020, the Board of Regents approved the Denver Engineering and UCCS Engineering Renovation program plans.

RECOMMENDATION FROM:

Senior Vice President for Strategy, Government Relations and Chief Financial Officer Todd Saliman

STATEMENT OF INFORMATION:

The initial resident undergraduate tuition and mandatory fee guarantee was passed by the Board of Regents in April 2016.  Since that time, the guarantee has been successful and has allowed Colorado students and families to plan for the cost of college with more certainty and save money compared to inflationary cost increases.

The guarantee has resulted in improved outcomes for the CU Boulder campus and its students including:

• 51 percent increase in resident student applications;
• 4 percent increase in resident enrollment;
• 95.9 percent freshman to sophomore retention rates;
• 14.4 average credit hours per semester, increase over prior year’s average; and
• 8.3 percentage point increase in four-year graduation rates (to 60.2 percent).

The guarantee also:

• Provides long-run financial predictability and stability to students, families, and the campus;
• Allows the campus to deliver on its commitment to maintain student access and affordability;
• Allows the campus to make investments in educational quality, and
• Removes financial uncertainty for students, families, and the campus.

During student recruitment and admission presentations, that campus has found that:

• The guarantee is one of the most well-received pieces of information the campus shares with Colorado resident prospective students and parents; and
• Audiences have broken into applause when presenters mention the Guarantee for Colorado resident families.

The proposed three-year plan will apply to incoming students in FY 2022-23, FY 2023-24, and FY 2024-25.  This proposed action serves as the tuition and mandatory fee resolution for the proposed three fiscal years.  Future boards can modify implementation of the plan if circumstances require.

The proposal will save an incoming resident undergraduate student:

• Approximately $1,289 in FY 2022-23, compared to forecasted inflation over 4 years;
• Approximately $1,591 in FY 2023-24, compared to forecasted inflation over 4 years; and
• Approximately $1,671 in FY 2024-25, compared to forecasted inflation, over 4 years.

PREVIOUS ACTION(S):

On April 8, 2021 the Board of Regents approved tuition and fee rates for FY 2021-22.

See the proposed revisions in the attached document.

See the attached report. 

RECOMMENDATION FROM:  

Governance Committee.

STATEMENT OF INFORMATION:  

See the attached information for proposed changes. The recommended changes were discussed in the Governance Committee meeting on May 26, 2021.The Governance Committee will hold another meeting to further discuss these changes and any feedback received. 

RECOMMENDATION FROM:  

Regent Hill. [This resolution was discussed at the May 20, 2021, University Affairs committee meeting.]

STATEMENT OF INFORMATION:  

Whereas, University of Colorado administrators announced on April 28 that all four CU campuses and the system administration will require all incoming and current students, faculty, and staff to have COVID vaccinations before the start of the 2021 fall semester;

Whereas, available COVID vaccinations are currently authorized by the Food and Drug Administration (FDA) under an Emergency Use Authorization because questions remain that public health authorities cannot yet answer conclusively, including how long COVID-19 vaccines protect individuals, and how effective the vaccines are against new variants of the virus;

Whereas, mandating COVID vaccinations while they are still operating under an Emergency Use Authorization poses increased legal risks and uncertainties in part because a university-mandated COVID vaccination has not been legally tested;

Whereas, University litigation expenses are likely to increase because of a mandate rather than an opt-in proposal;

Whereas, by comparison, the United States military has not mandated COVID vaccinations for the troops while the COVID vaccination operates under an Emergency Use Authorization;

Whereas, by comparison, the Center for Disease Control and Prevention (CDC) is not requiring CDC employees to take the COVID vaccination;

Whereas, by comparison, the National Institute of Health (NIH) is not requiring NIH employees to take the COVID vaccination;

Whereas, the United States Supreme Court has held that public health concerns achieved by government-mandated vaccinations for certain diseases must be balanced against the rights of individuals to make decisions about their own personal health care;

Whereas, in addition to civil liberties concerns addressed above, some members of minority communities have expressed concern and opposition to mandatory vaccinations, particularly while the vaccine is not officially FDA-approved;

Whereas, a mandate results in administrative burden for individuals and the University because accounting for opt-out religious, health, and personal belief exemptions incurs costs and strains already limited resources;

Whereas, the decision to inject anything into one’s body is deeply personal;

Whereas, this resolution does not apply to the Anschutz Medical Campus, recognizing that healthcare workers, who have voluntarily chosen that profession, by definition anticipate regularly interacting with patients, including those already suffering from advanced illness;

Whereas, this is the kind of consequential systemwide decision that should involve meaningful Regent input and discussion before any policy is made, which did not happen in this case;

Whereas, the Board of Regents believes the administration should encourage vaccinations, but not require them, thus leaving the option to be vaccinated up to individual members of the university community; now, therefore,

RESOLVED The Board of Regents opposes the decisions by university administrators to mandate COVID vaccinations and instead seeks to promote a voluntary vaccination approach based on individual choice.

PREVIOUS ACTION(S):  

None.

The August 13, 2021, meeting will be a limited agenda meeting.