As we gather, we honor and acknowledge that the University of Colorado’s four campuses are on the traditional territories and ancestral homelands of the Cheyenne, Arapaho, Ute, Apache, Comanche, Kiowa, Lakota, Pueblo and Shoshone Nations. Further, we acknowledge the 48 contemporary tribal nations historically tied to the lands that comprise what is now called Colorado.

Acknowledging that we live in the homelands of Indigenous peoples recognizes the original stewards of these lands and their legacies. With this land acknowledgment, we celebrate the many contributions of Native peoples to the fields of medicine, mathematics, government and military service, arts, literature, engineering and more. We also recognize the sophisticated and intricate knowledge systems Indigenous peoples have developed in relationship to their lands.

We recognize and affirm the ties these nations have to their traditional homelands and the many Indigenous people who thrive in this place, alive and strong. We also acknowledge the painful history of ill treatment and forced removal that has had a profoundly negative impact on Native nations.

We respect the many diverse Indigenous peoples still connected to this land. We honor them and thank the indigenous ancestors of this place. The University of Colorado pledges to provide educational opportunities for Native students, faculty and staff and advance our mission to understand the history and contemporary lives of Native peoples.

A sign-up sheet will be available at the meeting. Speakers are requested to limit their comments to two minutes. Groups with similar comments are requested to identify one spokesperson.

The 2021 Distinguished Professors were approved by the Board of Regents at the November 4, 2021, Board Meeting.

2021 Distinguished Professors being honored at the February 10, 2022, Board Meeting are:

Andreas Becker, Ph.D., Physics and JILA, CU Boulder. Becker is world-renowned in researching atomic and molecular dynamics. His particular focus is light-matter interactions. He explores fundamental interactions of atomic and molecular systems with ultrashort intense light pulses, as well as how these interactions can be productively controlled. A faculty member since 2008, he has authored or co-authored over 120 articles and has been cited over 10,000 times. He has received continuous support from the Department of Energy since his arrival in the U.S., as well as substantial support from the U.S. Air Force. Beyond his pioneering work as a theoretical researcher, Becker is one of the best and most versatile physics professors at the University of Colorado. He is highly regarded and has been named a “Favorite Professor” by the Physics Honor Society four times. Becker has been both a leader in the Department of Physics and at JILA, and is a highly successful graduate student mentor over the last decade.

Diane McKnight, Ph.D., Institute for Arctic and Alpine Research (INSTAAR) and College of Engineering and Applied Sciences, CU Boulder. A member of the CU faculty since 1996, McKnight has served the CU community in a number of departments including the Department of Civil, Environmental and Architectural Engineering; the Environmental Studies Program, INSTAAR; the Center for Water, Earth Science and Technology; Hydrologic Sciences Graduate Program; and the Mountain Research Station. Her scholarly work explores ecological, biogeochemical and hydrologic processes in lakes, streams and watersheds, primarily in polar and mountain regions. These field studies analyze the dynamics of these systems and apply innovative measurement tools in harsh environments. She is a leader in measuring dissolved organic matter from the spectra of its fluorescence. Her top paper has been cited over 2,000 times. Her work has made her a leader in the National Science Foundation’s Long-Term Ecological Research Network, and she has served as a Principal Investigator in a number of projects since 1997. McKnight’s work has transformed her field and has enhanced scientific understanding to the effects of climate change. She has been active in public outreach programs meant to translate science to the public, including her work on a children’s book series. An outstanding teacher and mentor of graduate students, she has served CU as a curriculum innovator in a wide variety of disciplines. Since 1996, McKnight has been the principal adviser to 24 Ph.D. students. Not only has she led groundbreaking research, furthered public knowledge and served the CU community, she has prepared the next group of researchers to do the same.

Gifford Miller, Ph.D., Department of Geological Sciences and the Institute of Arctic and Alpine Research (INSTAAR), CU Boulder.

Miller is an internationally renowned authority on Quaternary science, the study of the Quaternary period (commonly known as the ice age, and modern warm times) that began approximately 2.6 million years ago. Specifically, he has tackled important questions regarding paleoclimate in the period and his work has transformed our understanding of why significant flora and fauna changes occurred during the period. A member of the CU faculty since 1980, Miller has a golden touch for finding and choosing important problems to study and is equally legendary for solving problems using unconventional approaches. Two important questions he answered are: During the Quaternary period, how big was the arctic ice sheet? And how fast did it change? These answers, as well as several separate investigations regarding megafauna extinctions, have had drastic practical impacts on his field. As a teacher, Miller has succeeded through his students and mentees. Going beyond the classroom, he has garnered a reputation for teaching in the field, bringing students and trainees all across the globe to demonstrate the proper application of analytical tools and data analysis in some of the harshest environments on earth. Miller has served the university in a variety of positions. As chair and then faculty member of Geological Sciences, he was instrumental in the establishment of the Benson Earth Sciences Building. He also was pivotal in the design and development of the SEEC and SEEL buildings on the CU Boulder East Campus. Miller has a demonstrated record of leadership, service and innovation, and is a thought leader in his field.

Helen Norton, J.D., Colorado School of Law, CU Boulder. Norton is a groundbreaking constitutional scholar who has proven a thought leader in areas of the relationship between the government’s speech and the First Amendment. She was among the first to understand the complexities of this relationship, and published the seminal book on this topic, “The Government’s Speech and the Constitution” (2019). As the most influential and respectful writer on what many considered the most important aspect of legal doctrine in a crucial part of the Constitution, Norton has demonstrated excellence in her field that is unparalleled. Beyond her seminal writings, her teaching contributions have reflected that same level of dedication and inspiration. A member of the CU faculty since 2007, Norton has received several teaching awards, including the President’s Teaching Scholar (2014), and is a five-time recipient of the Excellence in Teaching Award, an honor bestowed by CU law students. Her impact on the education of law reverberates well beyond CU, as her work on government speech has impacted many law schools domestically and internationally. In her 20 years in academia, Norton has published more than 35 full-length law review articles and essays, in addition to a variety of shorter works. She is a highly sought speaker at top constitutional workshops and conferences across the nation.

José-Luis Jimenez, Ph.D., Chemistry, CU Boulder. Jimenez is an exceptional teacher, researcher and community member. A member of the CU faculty since 2002, he is an internationally recognized researcher in the field of atmospheric aerosols, which have significant effects on climate, air pollution and human health. His work has included developing instruments, leading international field missions and conducting innovative analysis, dramatically changing atmospheric chemistry for the better. Not only has he proven a successful and innovative researcher, his influence extends to his students. Many of Jimenez’s most-cited works are lead-authored by his Ph.D. students, demonstrating his willingness to empower the next leaders in his field. Throughout the pandemic, Jimenez applied his aerosol expertise to understanding COVID-19 transmission. Among the results of his collaborative work is the World Health Organization’s acknowledgment that the virus is transmitted by aerosols. His work has not only inspired future researchers, significantly impacted the field of atmospheric aerosols, and proved an impactful, service-oriented member of the CU community, but it also saved lives.

Ruth Ellen Kocher, Ph.D., English, CU Boulder. Kocher is widely acknowledged as a central voice in Black poetics and has been a pioneer in that field. She has inspired many young poets, and trailblazed paths for Black female poets to follow. A member of the CU faculty since 2006, her dedication to CU is evident in her service in roles such as Director of the Creative Writing Program, then Department Chair, and then Divisional Dean, in addition to making lasting, impactful changes in each position. Kocher’s teaching is exemplary and is heralded as among the best in the department. As an award-winning poet, she has powerfully and creatively brought to the fore important topics such as social justice, race and anti-racism. She has authored seven volumes of poetry, with more on the way, and her poetry has appeared in 13 major anthologies. Kocher displays talent, professionalism and leadership at every level. In addition to writing poetry, she is a multimedia artist with works in film and performance. She has 12 essays in print, demonstrating her inter-arts pursuits even as she pushes boundaries within poetry. She is the winner of countless awards and recognitions, including the Beaux Boudreaux Visiting Writer Series Award from the University of Southern California (2020) and was a recipient of the National Endowment for the Arts Fellowship (2016). Her work as a teacher is exemplary, with unanimous praise from peers and students alike, who talk of her work as inspiring, impactful, and allowing them to command their own artistic crafts.

The following 2021 Distinguished Professors will be honored at the April 7, 2022, Board of Regents meeting:

• Dana Dabelea, M.D., Ph.D., Epidemiology, CU Anschutz Medical Campus
• Stephen Gedney, Ph.D., Don and Karen White Professor of Electrical Engineering, CU Denver
• Mary Guy, Ph.D., School of Public Affairs, CU Denver
• Judith Regensteiner, Ph.D., School of Medicine and Center for Women’s Health Research, CU Anschutz Medical Campus
• David A. Schwartz, M.D., Medicine and Immunology, CU Anschutz Medical Campus

RECOMMENDATION FROM:  

STATEMENT OF INFORMATION:  

PREVIOUS ACTION(S):  

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

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.

The minutes will be released upon board approval.

October 28, 2021 - Special Board Meeting

October 29, 2021 - Special Board Meeting

November 4-5, 2021 - Regular Board Meeting

November 10, 2021 - Special Board Meeting

November 11, 2021 - Special Board Meeting

November 18, 2021 - Special Board Meeting

November 23, 2021 - Special Board Meeting

December 6, 2021 - Special Board Meeting

December 8, 2021 - Special Board Meeting

December 21, 2021 - Special Board Meeting

January 7, 2022 - Special Board Meeting

January 13, 2022 - Special Board Meeting

RECOMMENDATION FROM: Chair of the Board Jack Kroll

STATEMENT OF INFORMATION:

In accordance with the Laws of the Regents, 2.B.1, regular meetings of the Board of Regents shall be held in accordance with the schedule of meetings approved annually. Committees of the Whole, regular, and special board meetings for the upcoming fiscal year have routinely been approved at the September or November board meeting. The recommended meeting dates are listed below:

The 2023 meeting schedule includes:

• 5 two-day board meetings (February, April, June, September, November)
• 1 one-day board meeting with specific agenda items: tenure (August)
• 4 half-day holds for potential special board meetings (March, May, October, December) - to be held remotely
• 1 mid-winter retreat (January)
• 1 summer retreat (July)
• The proposed schedule does not include board committee meeting dates (Audit, Finance, Governance, and University Affairs)

The proposed schedule was created in consultation with the regents’ and president’s calendars.

RECOMMENDATION FROM:  

Governance Committee. 

STATEMENT OF INFORMATION:  

The proposed changes to the policy appeared as a Notice of Motion on the November 4-5, 2021, board meeting agenda. At the January 12, 2022, meeting, the Governance committee recommened this item for the consent agenda. 

PREVIOUS ACTION(S):  

RECOMMENDATION FROM:  

STATEMENT OF INFORMATION:  

The proposed changes to the policy appeared as a Notice of Motion on the November 4-5, 2021, board meeting agenda. At its January 12, 2022, meeting, the Governance Committee recommended this policy to be placed on the consent agenda. 

PREVIOUS ACTION(S):  

RECOMMENDATION FROM:  Chancellor Venkat Reddy, with concurrence of Interim Provost Kelli Klebe. 

STATEMENT OF INFORMATION:  

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

PREVIOUS ACTION(S):  

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  Chancellor Venkat Reddy, with concurrence of Provost Kelli Klebe. 

STATEMENT OF INFORMATION:  

I have reviewed the sabbatical applications and approved. I attest they are consistent with all requirements of regent policy.

PREVIOUS ACTION(S):  None

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM: Chancellor Elliman, with the concurrence of Executive Vice Chancellor for Academic & Student Affairs Nairn 

STATEMENT OF INFORMATION:  I have reviewed this sabbatical application 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:  

Chancellor Venkat Reddy with concurrence of Interim Provost Kelli Klebe.

STATEMENT OF INFORMATION:  

The Music Program in the Department of Visual and Performing Arts currently offers a BA in Visual and Performing Arts with major tracks in Creative Music Performance (CMP) and Composition & Sonic Art (CSA). The curriculum from these tracks will be consolidated into one BA in Music
Degree and the VAPA BA music tracks phased out. This will enable students more flexibility to create their own directions depending on their areas of interest across composition, performance, and music technology. Perhaps the most innovative aspect of this new BA is that it strengthens the interdisciplinary mission of the VAPA department by retaining the 9 credits (three courses) of the unique VAPA core. This will make our BA in Music unique compared to most other BA’s in Music.
The implementation of a music-centered Bachelor Degree is vital to address student needs, stronger career development, student retention, graduate program preparation and to create a more level playing field to compete with regional and peer institutions for future student enrollment growth.
If the new BA in Music is approved for Fall 2022, current students will be allowed to continue on their current VAPA BA tracks and that track will be phased out as those students graduate. Current students will also have the option to audition and apply to switch to the new BA in Music.

PREVIOUS ACTION(S):  

None.

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  

Chancellor Venkat Reddy with concurrence of Interim Provost Kelli Klebe.

STATEMENT OF INFORMATION:  

Aerospace engineering, as a discipline, is a combination of aeronautical engineering and astronautical engineering. This is a recognized and accreditable baccalaureate degree within the Accreditation Board for Engineering and Technology (ABET), and the guidelines for accreditation stipulate a predetermination of emphasis among these different engineering fields. Since the beginning of the mechanical engineering program at UCCS, the department has offered a minor in aerospace engineering that has been extremely popular with students hoping to pursue careers in the aerospace industry. The new degree program will build on the existing Aerospace Minor with an emphasis in astronautical engineering to produce BSAE graduates to meet the employment needs of the local and national aerospace industry.

The local aerospace industry in Colorado Springs has been urging UCCS to offer a full major in aerospace engineering. In early March of 2020, 24 local government and industry representatives, representing 16 different aerospace companies and 5 government entities, were gathered to talk about the addition of an aerospace engineering degree at UCCS, and the enthusiasm for the degree was emphatic. With the local aerospace Industry expected to grow dramatically, and the nation-wide demand for aerospace engineers also expected to increase in the coming years, the demand for graduates from an aerospace engineering program, particularly in southern Colorado, is increasing.

Currently, the only aerospace engineering program in the state of Colorado is the Aerospace Engineering Sciences degree program in Boulder. This is an internationally recognized leader in the field, and they currently are able to accept only a fraction of the students who apply, providing even more motivation to add another option for those students in Colorado.

PREVIOUS ACTION(S):  

None.

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  

Chancellor Michelle Marks with concurrence of Provost Constancio Nakuma.

STATEMENT OF INFORMATION:  

The proposed degree in Integrated Studies is an interdisciplinary B.A. or B.S. within the College of Liberal Arts and Sciences (CLAS) at the University of Colorado Denver designed to eliminate barriers that prevent students from timely completion of their degrees. The goal is to provide maximum flexibility and multiple pathways through the curriculum tailored to each individual. The Integrated Studies Major is currently a track within the Individually Structured B.A. in CLAS, and the track will be discontinued with the approval of the Integrated Studies B.A./B.S.

PREVIOUS ACTION(S):  

None.

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  

Chancellor Venkat Reddy with concurrence of Interim Provost Kelli Klebe.

STATEMENT OF INFORMATION:  

The Substance Use and Recovery Counseling certificate program contributes to the mission of the Department of Counseling and Human Services by preparing students to provide culturally- responsive, trauma-informed substance use counseling services. Students completing the course sequence engage in the rigorous training and fieldwork experiences necessary to develop the knowledge, skills, awareness, and advocacy competencies necessary for high-quality client care.

PREVIOUS ACTION(S):  

None.

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

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

STATEMENT OF INFORMATION:

By achieving accreditation, the CU Art Museum will join a collective brain-trust of a community of experts engaged in self-reflection, continuous learning, and action related to a rapidly evolving field.

PREVIOUS ACTION(S):  

None.

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:   Chancellor Don Elliman, University of Colorado Anschutz Medical Campus, in consultation with President Todd Saliman. 

STATEMENT OF INFORMATION:

The General Assembly of the State of Colorado enacted Senate Bill 91-225 (codified in sections 23-21-501 through 23-21-604, Colorado Revised Statutes) 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.

Section 23-21-503 (2), Colorado Revised Statutes, 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. 

Philip Lane's appointment will require the advice and consent of the Colorado State Senate.

PREVIOUS ACTION(S):

Philip Lane was initially appointed to the board for a term beginning June 1, 2017.

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 Christopher Wilson, Defensive Coordinator Football.

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

Term:

February 15, 2022 – February 14, 2025

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

Base Salary: $400,000

Supplemental Salary:

Community Outreach:

$250,000 in first Contract Year,

$300,000 in second Contract Year,

$350,000 in third Contract Year

            Receives a Courtesy Car

Incentive Salary: Per CU Athletics Post Season Compensation Policy

Termination by Offensive Coordinator/Liquidated Damages

(i) In the event that Offensive Coordinator takes an NCAA or NFL position during the term of this Agreement, Offensive Coordinator shall pay the University as liquidated damages 25% of the Base and Supplemental Salary of the current Contract Year in which Coach terminates the Agreement.

            (ii) In the event that Offensive Coordinator takes a Pac-12 football position during the term of this Agreement, Offensive Coordinator shall pay the University as liquidated damages an additional 10% of the Base and Supplemental Salary of the current Contract Year in which Coach terminates the Agreement.

            (iii) If Offensive Coordinator takes a Head Coach NCAA coaching position, liquidated damages are waived.

Termination by University Without Cause, Damage Mitigation Obligation

Coach agrees that he has a duty to obtain new Comparable Employment to mitigate damages arising from termination. Damage payments from the University to Coach shall be reduced by the Total Compensation Coach accrues in his new position. If Coach accepts employment, signs an employment agreement (if applicable), or otherwise agrees to perform such services, Coach shall promptly give notice to the Athletics Director and Athletics Human Resources of such employment, the effective date of employment, a copy of the employment agreement, if applicable, or offer letter, and the amount of all compensation provided or to be provided in the future for duties performed during the period when Coach would have been employed by the University under this Agreement had it not been terminated, to later be verified by a W-2 and/or 1099 for the new employment position.

Coach further understands and agrees that Coach is receiving payments while delivering no employment service to the University, accordingly, the University’s damage payment obligation herein shall be strictly construed, and Coach shall not be entitled to such payment absent reasonable and affirmative efforts to secure Comparable Employment. Coach agrees to provide information and documentation about his mitigation efforts to Athletics Human Resources on a regular basis in order to comply with his responsibilities. Should Coach fail to produce evidence of engaging in good faith efforts to obtain employment within a reasonable time (not to exceed ninety days after receiving notice of termination) following the University’s request for such information and/or documentation, or should such documents indicate that Coach is not fulfilling Coach’s mitigation obligations outlined in this Paragraph, the University’s obligations to pay liquidated damages under this Paragraph shall cease until Coach produces necessary documentation.

Coach must be paid actual market rate in new position. USA Today salary survey, WINAD and other coaching compensation databases can be used to consider actual market rate. To the extent permitted by applicable law, the University reserves the right to adjust the compensation due and owing to Coach if Coach’s new compensation appears to be contrived to rely upon payments to Coach from the University. In the event Coach’s new position apportions compensation such that it increases or balloons after the University’s payments cease, or if the subsequent employment arrangement otherwise attempts to avoid the net effect of this provision, Coach expressly agrees that University retains the right to assign a reasonable market value of compensation to Coach’s new position based on its assessment of similar positions.

PREVIOUS ACTION(S): n/a

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  

Chancellor DiStefano

STATEMENT OF INFORMATION:  

This action, if approved, will establish a multi-year employment agreement (“Agreement”) with Kyle DeVan, Assistant Coach Football.

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

Term:

February 15, 2022 – February 14, 2024

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

Base Salary: $375,000

Supplemental Salary:

Community Outreach:

$50,000 in first Contract Year,

$75,000 in second Contract Year,

            Receives a Courtesy Car

Incentive Salary: Per CU Athletics Post Season Compensation Policy

Termination by Assistant Coach/Liquidated Damages

(i) In the event that Coach takes an NCAA or NFL position during the Term of this Agreement, Assistant Coach shall pay the University as liquidated damages 25% of the Base Salary of the current Contract Year in which Coach terminates the Agreement.

            (ii) In the event that Assistant Coach takes a Pac-12 football position during the term of this Agreement, Assistant Coach shall pay the University as liquidated damages an additional 10% of Base Salary of the current Contract Year in which Coach terminates the Agreement.

            (iii) If Assistant Coach takes a Head Coach NCAA coaching position, liquidated damages are waived.

Termination by University Without Cause, Damage Mitigation Obligation

Coach agrees that he has a duty to obtain new Comparable Employment to mitigate damages arising from termination. Damage payments from the University to Coach shall be reduced by the Total Compensation Coach accrues in his new position. If Coach accepts employment, signs an employment agreement (if applicable), or otherwise agrees to perform such services, Coach shall promptly give notice to the Athletics Director and Athletics Human Resources of such employment, the effective date of employment, a copy of the employment agreement, if applicable, or offer letter, and the amount of all compensation provided or to be provided in the future for duties performed during the period when Coach would have been employed by the University under this Agreement had it not been terminated, to later be verified by a W-2 and/or 1099 for the new employment position.

Coach further understands and agrees that Coach is receiving payments while delivering no employment service to the University, accordingly, the University’s damage payment obligation herein shall be strictly construed, and Coach shall not be entitled to such payment absent reasonable and affirmative efforts to secure Comparable Employment. Coach agrees to provide information and documentation about his mitigation efforts to Athletics Human Resources on a regular basis in order to comply with his responsibilities. Should Coach fail to produce evidence of engaging in good faith efforts to obtain employment within a reasonable time (not to exceed ninety days after receiving notice of termination) following the University’s request for such information and/or documentation, or should such documents indicate that Coach is not fulfilling Coach’s mitigation obligations outlined in this Paragraph, the University’s obligations to pay liquidated damages under this Paragraph shall cease until Coach produces necessary documentation.

Coach must be paid actual market rate in new position. USA Today salary survey, WINAD and other coaching compensation databases can be used to consider actual market rate. To the extent permitted by applicable law, the University reserves the right to adjust the compensation due and owing to Coach if Coach’s new compensation appears to be contrived to rely upon payments to Coach from the University. In the event Coach’s new position apportions compensation such that it increases or balloons after the University’s payments cease, or if the subsequent employment arrangement otherwise attempts to avoid the net effect of this provision, Coach expressly agrees that University retains the right to assign a reasonable market value of compensation to Coach’s new position based on its assessment of similar positions.

PREVIOUS ACTION(S):  

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  Chancellor DiStefano

STATEMENT OF INFORMATION:  

This action, if approved, will establish a multi-year employment agreement (“Agreement”) with Mark Smith, Assistant Coach Football.

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

Term:

February 15, 2022 – February 14, 2024

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

Base Salary: $300,000

Supplemental Salary:

Community Outreach:

$50,000 in first Contract Year,

$100,000 in second Contract Year,

            Receives a Courtesy Car

Incentive Salary: Per CU Athletics Post Season Compensation Policy

Termination by Assistant Coach/Liquidated Damages

(i) In the event that Coach takes an NCAA or NFL position during the Term of this Agreement, Assistant Coach shall pay the University as liquidated damages 25% of the Base Salary of the current Contract Year in which Coach terminates the Agreement.

            (ii) In the event that Assistant Coach takes a Pac-12 football position during the term of this Agreement, Assistant Coach shall pay the University as liquidated damages an additional 10% of Base Salary of the current Contract Year in which Coach terminates the Agreement.

            (iii) If Assistant Coach takes a Head Coach NCAA coaching position, liquidated damages are waived.

Termination by University Without Cause, Damage Mitigation Obligation

Coach agrees that he has a duty to obtain new Comparable Employment to mitigate damages arising from termination. Damage payments from the University to Coach shall be reduced by the Total Compensation Coach accrues in his new position. If Coach accepts employment, signs an employment agreement (if applicable), or otherwise agrees to perform such services, Coach shall promptly give notice to the Athletics Director and Athletics Human Resources of such employment, the effective date of employment, a copy of the employment agreement, if applicable, or offer letter, and the amount of all compensation provided or to be provided in the future for duties performed during the period when Coach would have been employed by the University under this Agreement had it not been terminated, to later be verified by a W-2 and/or 1099 for the new employment position.

Coach further understands and agrees that Coach is receiving payments while delivering no employment service to the University, accordingly, the University’s damage payment obligation herein shall be strictly construed, and Coach shall not be entitled to such payment absent reasonable and affirmative efforts to secure Comparable Employment. Coach agrees to provide information and documentation about his mitigation efforts to Athletics Human Resources on a regular basis in order to comply with his responsibilities. Should Coach fail to produce evidence of engaging in good faith efforts to obtain employment within a reasonable time (not to exceed ninety days after receiving notice of termination) following the University’s request for such information and/or documentation, or should such documents indicate that Coach is not fulfilling Coach’s mitigation obligations outlined in this Paragraph, the University’s obligations to pay liquidated damages under this Paragraph shall cease until Coach produces necessary documentation.

Coach must be paid actual market rate in new position. USA Today salary survey, WINAD and other coaching compensation databases can be used to consider actual market rate. To the extent permitted by applicable law, the University reserves the right to adjust the compensation due and owing to Coach if Coach’s new compensation appears to be contrived to rely upon payments to Coach from the University. In the event Coach’s new position apportions compensation such that it increases or balloons after the University’s payments cease, or if the subsequent employment arrangement otherwise attempts to avoid the net effect of this provision, Coach expressly agrees that University retains the right to assign a reasonable market value of compensation to Coach’s new position based on its assessment of similar positions.

PREVIOUS ACTION(S):  

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  Chancellor DiStefano

STATEMENT OF INFORMATION:  

This action, if approved, will establish a multi-year employment agreement (“Agreement”) with Phillip McGeoghan, Assistant Coach Football.

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

Term:

February 15, 2022 – February 14, 2024

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

Base Salary: $300,000

Supplemental Salary:

Community Outreach:

$50,000 in first Contract Year,

$75,000 in second Contract Year,

            Receives a Courtesy Car

Incentive Salary: Per CU Athletics Post Season Compensation Policy

Termination by Assistant/Liquidated Damages

(i) In the event that Coach takes an NCAA or NFL position during the Term of this Agreement, Assistant Coach shall pay the University as liquidated damages 25% of the Base Salary of the current Contract Year in which Coach terminates the Agreement.

            (ii) In the event that Assistant Coach takes a Pac-12 football position during the term of this Agreement, Assistant Coach shall pay the University as liquidated damages an additional 10% of Base Salary of the current Contract Year in which Coach terminates the Agreement.

            (iii) If Assistant Coach takes a Head Coach NCAA coaching position, liquidated damages are waived.

Termination by University Without Cause, Damage Mitigation Obligation

Coach agrees that he has a duty to obtain new Comparable Employment to mitigate damages arising from termination. Damage payments from the University to Coach shall be reduced by the Total Compensation Coach accrues in his new position. If Coach accepts employment, signs an employment agreement (if applicable), or otherwise agrees to perform such services, Coach shall promptly give notice to the Athletics Director and Athletics Human Resources of such employment, the effective date of employment, a copy of the employment agreement, if applicable, or offer letter, and the amount of all compensation provided or to be provided in the future for duties performed during the period when Coach would have been employed by the University under this Agreement had it not been terminated, to later be verified by a W-2 and/or 1099 for the new employment position.

Coach further understands and agrees that Coach is receiving payments while delivering no employment service to the University, accordingly, the University’s damage payment obligation herein shall be strictly construed, and Coach shall not be entitled to such payment absent reasonable and affirmative efforts to secure Comparable Employment. Coach agrees to provide information and documentation about his mitigation efforts to Athletics Human Resources on a regular basis in order to comply with his responsibilities. Should Coach fail to produce evidence of engaging in good faith efforts to obtain employment within a reasonable time (not to exceed ninety days after receiving notice of termination) following the University’s request for such information and/or documentation, or should such documents indicate that Coach is not fulfilling Coach’s mitigation obligations outlined in this Paragraph, the University’s obligations to pay liquidated damages under this Paragraph shall cease until Coach produces necessary documentation.

Coach must be paid actual market rate in new position. USA Today salary survey, WINAD and other coaching compensation databases can be used to consider actual market rate. To the extent permitted by applicable law, the University reserves the right to adjust the compensation due and owing to Coach if Coach’s new compensation appears to be contrived to rely upon payments to Coach from the University. In the event Coach’s new position apportions compensation such that it increases or balloons after the University’s payments cease, or if the subsequent employment arrangement otherwise attempts to avoid the net effect of this provision, Coach expressly agrees that University retains the right to assign a reasonable market value of compensation to Coach’s new position based on its assessment of similar positions.

PREVIOUS ACTION(S):  

n/a

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  Chancellor DiStefano

STATEMENT OF INFORMATION:  

This action, if approved, will establish a multi-year employment agreement (“Agreement”) with Richard Patterson, Assistant Coach Football.

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

Term:

February 15, 2022 – February 14, 2024

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

Base Salary: $300,000

Supplemental Salary:

Community Outreach:

$25,000 in first Contract Year,

$50,000 in second Contract Year,

            Receives a Courtesy Car

Incentive Salary: Per CU Athletics Post Season Compensation Policy

Termination by Assistant Coach/Liquidated Damages

(i) In the event that Coach takes an NCAA or NFL position during the Term of this Agreement, Assistant Coach shall pay the University as liquidated damages 25% of the Base Salary of the current Contract Year in which Coach terminates the Agreement.

            (ii) In the event that Assistant Coach takes a Pac-12 football position during the term of this Agreement, Assistant Coach shall pay the University as liquidated damages an additional 10% of Base Salary of the current Contract Year in which Coach terminates the Agreement.

            (iii) If Assistant Coach takes a Head Coach NCAA coaching position, liquidated damages are waived.

Termination by University Without Cause, Damage Mitigation Obligation

Coach agrees that he has a duty to obtain new Comparable Employment to mitigate damages arising from termination. Damage payments from the University to Coach shall be reduced by the Total Compensation Coach accrues in his new position. If Coach accepts employment, signs an employment agreement (if applicable), or otherwise agrees to perform such services, Coach shall promptly give notice to the Athletics Director and Athletics Human Resources of such employment, the effective date of employment, a copy of the employment agreement, if applicable, or offer letter, and the amount of all compensation provided or to be provided in the future for duties performed during the period when Coach would have been employed by the University under this Agreement had it not been terminated, to later be verified by a W-2 and/or 1099 for the new employment position.

Coach further understands and agrees that Coach is receiving payments while delivering no employment service to the University, accordingly, the University’s damage payment obligation herein shall be strictly construed, and Coach shall not be entitled to such payment absent reasonable and affirmative efforts to secure Comparable Employment. Coach agrees to provide information and documentation about his mitigation efforts to Athletics Human Resources on a regular basis in order to comply with his responsibilities. Should Coach fail to produce evidence of engaging in good faith efforts to obtain employment within a reasonable time (not to exceed ninety days after receiving notice of termination) following the University’s request for such information and/or documentation, or should such documents indicate that Coach is not fulfilling Coach’s mitigation obligations outlined in this Paragraph, the University’s obligations to pay liquidated damages under this Paragraph shall cease until Coach produces necessary documentation.

Coach must be paid actual market rate in new position. USA Today salary survey, WINAD and other coaching compensation databases can be used to consider actual market rate. To the extent permitted by applicable law, the University reserves the right to adjust the compensation due and owing to Coach if Coach’s new compensation appears to be contrived to rely upon payments to Coach from the University. In the event Coach’s new position apportions compensation such that it increases or balloons after the University’s payments cease, or if the subsequent employment arrangement otherwise attempts to avoid the net effect of this provision, Coach expressly agrees that University retains the right to assign a reasonable market value of compensation to Coach’s new position based on its assessment of similar positions.

PREVIOUS ACTION(S):  

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  

STATEMENT OF INFORMATION:  

PREVIOUS ACTION(S):  

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

See attached.

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.

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:  

PREVIOUS ACTION(S):  

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

RECOMMENDATION FROM:  

Chancellor Don Elliman, with concurrence from President Todd Saliman.

STATEMENT OF INFORMATION:  

WHEREAS an approximately 73-acre parcel of vacant agricultural land in eastern Arapahoe County (the “Property”) was received from the Estate of Irene B. Arfsten in 1982, among other assets, for the purposes of funding the Arfsten Medical Student Loan Fund (the “Loan Fund”) in the School of Medicine at the University of Colorado Anschutz Medical Campus (the “Campus”); and

WHEREAS the Property has not generated any revenue for the Loan Fund; and

WHEREAS the Property is in a remote location with no legal access; and

WHEREAS Campus leadership has recommended sale of the property;

THEREFORE, BE IT RESOLVED that the Board of Regents authorizes the sale of the Property on terms acceptable to Campus leadership with the net sales proceeds to be deposited into the Loan Fund; and

FURTHER RESOLVED that the Chancellor of the University of Colorado Anschutz Medical Campus be authorized to execute any and all documents which are necessary to complete the sale, subject to review by University Counsel.

PREVIOUS ACTION(S):  

None

RECOMMENDATION FROM:  

STATEMENT OF INFORMATION:  

The proposed changes to these policies appeared as a Notice of Motion on the November 4-5, 2021, board meeting agenda. The Governance Committee disucussed the recommended policy changes at the October 20, 2021, and January 12, 2022, committee meetings. The changes to these policies will be effective retroactive to January 1, 2021.

RECOMMENDATION FROM:  

STATEMENT OF INFORMATION:  

The proposed changes to the policy appeared as a Notice of Motion on the November 4-5, 2021, board meeting agenda. The proposed changes were discussed in the Governance Committee meetings on October 20, 2021, and January 12, 2022. 

PREVIOUS ACTION(S):  

STATEMENT OF INFORMATION:  

Summary: Terri Fiez, Vice Chancellor for Research & Innovation and RIO leadership will give a summary of the Research & Innovation Office (RIO), highlighting several areas, and share how RIO advances the Innovation University by:

• Cultivating an extraordinary research & creative environment
• Growing research funding, partnerships, and impact
• Creating, cultivating & telling our stories  
• Creating a comprehensive innovation & entrepreneurship ecosystem

At this time, CU Boulder is also prepared to answer further questions about the Campus Master Plan (which was presented by Vice Chancellor Dave Kang to the Finance Committee on January 27). Approval of the Campus Master Plan is an action item in the Finance Committee section of the meeting. 

See attached report.

See attached report.

See attached.

Statement of Information:

The FY 2021-22 budget was approved by the Board of Regents in June 2021, and the Board’s Administrative Policy Statement 4058 in part states “…that if General Fund revenue exceeds the initial FY 2021-22 budget by greater than 1.5 percent, the campuses shall seek approval from the president and the Board of Regents prior to spending the revenue consistent with the Budget and Net Position Internal Reporting Policy.”

The Boulder Campus is projecting an additional $17,800,000 (1.85 percent) in General Fund revenues above the FY 2021-22 June approved budget.  This amount includes, $3,300,000 (0.35 percent) in General Fund revenues in FY 2021-22 above the $14,500,000 (1.5 percent) level identified in APS 4058.  The Budget Presentation and attached materials at this February meeting provides detail on the specific source of these revenues as well as the specific expenditures in FY 2021-22.

PREVIOUS ACTION(S):

On June 17, 2021 the Board of Regents approved the FY 2021-22 budget.

RECOMMENDATION FROM:  

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

STATEMENT OF INFORMATION:  

The Boulder Campus is requesting board approval of the 2021 Campus Master Plan (CMP). Required on a 10-year cycle by Colorado Commission on Higher Education (CCHE) policy, the document will provide continuous planning guidance for future facilities decisions for the full spectrum of campus activities, including academics and research, residential life, arts and culture, athletics and recreation, open space, transportation and parking, infrastructure, and sustainability. Stakeholders on each of these topics have collaborated extensively with campus and external constituents over several years to provide a rich context for the plan.  

This context is detailed via comprehensive and targeted, strategic campus planning efforts that preceded and provided guidance for proposed facilities improvements including, Academic Futures; Foundations of Excellence; the Inclusion, Diversity, and Excellence in Academics (IDEA) Plan; and Financial Futures. Subsequent to these efforts, the Strategic Facilities Visioning effort and data-driven space analysis PREVIEW tool will continue to provide clear evidence and timely justification for needed proposed capital improvements. These initiatives all provided the campus with a framework to inform the development of the various Boulder Campus properties. Also integral to the recommendations described and illustrated in the CMP are the Transportation Master Plan, Housing Master Plan, and Energy Master Plan, all of which provide an additional, advanced level of detail and serve as a firm foundation for improvements to the natural and built environment for years to come. The consensus building process was appropriately lengthy and inclusive of the broad array of campus constituents, including professional consultants, campus administration, academic units, student groups, the city, the University Design Review Board, and CU President’s office.  

The consensus building process for the CMP involved two primary phases. Phase I included the comprehensive investigation of existing conditions and space utilization; the identification of opportunities followed. Campus constituents were engaged with the MyCampus survey, the results of which helped consultants and campus planners to confirm ideas identified in the earlier Strategic Facilities Visioning effort. These included additional non-scheduled study and lounge spaces; dedicated space for graduate students; space for marginalized students and first-generation students to create community and receive specialized support; spaces for academic and advising support; active and flexible classrooms, and resources to support immersive learning; space for content creation studios, practice, and digital recording; space for hoteling, coworking; and finally, unique outdoor environments for student gathering. Frameworks were developed for campus properties that are mindful of the establishment of overall organizing structure and layout, mobility, open space, mixed-use districts and neighborhoods. From Phase I, the framework plans provided context for Phase II of the planning process which brought together, not only proposed physical development, but also programmatic needs and goals for research, learning, athletics and recreation, housing and dining, and student life facilities.     

Highlights of 2021 CMP recommendations are as follows: redistribution of instructional space to relieve congestion on the Main Campus; redistribution and development of new research facilities east of the Main Campus core and throughout the entirety of East Campus; increase of current housing, over 30+ years, from the existing 10,000 students, to a range of 14,400 to 16,000 total beds, while also making needed improvements to existing housing stock. The plan recommends continued improvements to existing and historical facilities to address the quality of space and facilities condition. For Boulder Campus physical space totals, the PREVIEW tool identifies 6.9M existing assignable square feet (ASF) and a 30-year demand of 11.6M ASF; the CMP proposes a 30-year build-out of 10.8M ASF given current land resources. This .8M ASF offset between PREVIEW’s proposed need vs. The CMP’s proposed facility growth will be assessed through ongoing efforts related to research space needs with the Specialized Laboratory Infrastructure – Supplemental Study (SLI-SS) and office space needs through the campus’ Return to Work initiative.  Additionally, continued use of the data-driven PREVIEW tool will enable the campus to be more responsive to the changes in the needs of students, staff and faculty in any given year and help justify the right-sizing of planned facilities.  

The future physical development of the campus will be governed by these design principles: engage surrounding communities, diversify campus neighborhoods, respect and reinforce natural systems, create strong public connections, integrate diverse outdoor spaces, respect campus character and structure, create a network of student life spaces, and enhance campus access and wayfinding. As a result, the plan suggests specific projects to ease mobility, including pedestrian, transit and parking needs, both at the inter and intra-campus levels. Preservation of the campus landscape is described in terms of context, climate, ecology and open space. Targeted improvements at points of interface with neighborhoods, the city and community are recommended. The blueprint that is suggested for campus build-out supports optimal program distribution, improved travel and connectivity and efficient utility infrastructure pathways. Renderings of campus improvements suggest appropriate uses for flood prone areas and proper orientation of structures that is mindful of energy efficiency and view corridors. The various campus hearts distributed throughout, and public main streets are enlivened. 

The campus will engage in continuous planning and updates to the CMP based on stated goals, space needs assessments, and the proposed capital project list. This list includes projects to be undertaken during this timeframe. The plan has been created to support and evolve over time with the university’s mission of education and research on behalf of the state of Colorado. Continuous planning through use of the recently developed PREVIEW and Dashi software tools will enable the campus to incorporate a more comprehensive pre-design process than is presently utilized by planners. The campus believes that further development of projects and cost estimating through the project design phase, prior to presentation to the board, will allow for budgeting that is more accurate, as physical plans will be developed in more detail.   

The CMP encompasses facility and land use plans which support the fulfillment of the academic role and mission. The CMP, including analysis of the effectiveness of existing space utilization, will be reviewed annually by the campus chancellor or their designee for necessary updates and revisions. In accordance with the CMP, the campus will continue to maintain a balanced capital improvement program that will take into consideration renewal, improvement, infrastructure, environmental impact, life safety, transportation, preservation, energy impact, and operating costs. 

Improvements identified in the CMP are responsive to the campus’ vision to be a leader in addressing the humanitarian, social and technological challenges of the 21st century. Capital improvements described in the plan will enhance the campus’ ability to accomplish all three campus strategic imperatives: to shape tomorrow’s leaders; be the top university for innovation; and positively impact humanity. Goals of the plan are reflective of the values represented in recent strategic planning efforts: Academic Futures, Foundations of Excellence, the IDEA plan, Financial Futures, and Strategic Facilities Visioning. 

The CMP is critical to the university meeting its mission for the state of Colorado established by Colorado Revised Statute 23-20-101, which reads:

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 Colorado Commission on Higher Education will be notified of CU Board of Regent approval; the plan will be made available to the commission consistently with state law. On January 27, 2022 this item was reviewed and discussed at the CU Regents Finance Committee meeting.   

PREVIOUS ACTION(S):  

September 12, 2011 the CU Board of Regents approved the 2011 Campus Master Plan. 

On February 17, 2000 the CU Board of Regents approved the 2000 Campus Master Plan. 

In June 1990, the CU Board of Regents approved the Long-Range Facilities Master Plan. 

CHANCELLOR'S SIGNATURE: 

PRESIDENT'S SIGNATURE: 

See attached.