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THE COMMONWEALTH OF VIRGINIA
THE VISITORS OF JAMES MADISON UNIVERSITY
Volume XXXIX No. 3
Minutes of the Meeting of April 18, 2003
The Visitors of James Madison University met Friday, April 18, 2003 in the College Center
Board Room on the campus of James Madison University. Mr. Paul Chiapparone, Rector, called
the meeting to order at 1:05 p.m.
PRESENT:
Blackwell, Helen
Chiapparone, Paul, Rector
Carzo, Frank
Cuevas, Pablo by teleconference
Cunningham, Charles
Farrell, Joe, Vice Rector
Foster, Charles
Gunter, Meredith
Jasien, William
Leeolou, Stephen
McConville, Timothy
Obenshain, Mark
Pretlow, Delores
Testwuide, Robert
Harper, Donna, Secretary
ABSENT:
Martin, George
ALSO PRESENT:
Rose, Linwood, President
Brown, Douglas, Provost and Vice President for Academic Affairs
King, Charles, Senior Vice President for Administration and Finance
Warner, Mark, Senior Vice President for Student Affairs
Stafford, Kathy, Vice President for Development and Alumni Relations
Dudik, Andrew, Student Member 2002-2003
Smilowitz, Michael, Speaker, Faculty Senate
Hilton, Fred, Director of University Communications
Board of Visitors
April 18, 2003
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Stoney, Levar, President, Student Government Association
Wheeler, Susan, Policy and Legal Affairs Adviser
APPROVAL OF MINUTES:
On motion of Mr. Jasien, seconded by Mr. Farrell, the minutes of the January 10, 2003 meeting
were approved.
PRESIDENT’S REPORT
Dr. Rose presented information on the following: (Attachment A)
 James Madison Day, March 19, 2003
 Private Support for the Athletic Performance Center
 SCHEV Approval of the Master of Physician Assistant Studies
 JMU Ranked 5th Nationally Among Medium-size Universities for Students Serving in the
Peace Corps
 Alternative Spring Break
 New University Bookstore Dedication, January 23, 2003
 Mellon Foundation Grant for Arts Image Database
 Governmental Accounting Standards Board (GASB) Recognition
 Continuing Student Survey Executive Summary
 Recognized Dr. Dary Erwin who had an article published in the Trusteeship
 Commencement, May 10, 2003 at 9:00 am in Bridgeforth Stadium
 The Art Auction, held April 19, 2003 at the Homestead raised $64,000 for scholarships
for the art and art history department.
COMMITTEE REPORTS
Development Committee
Mr. Joe Farrell, Chair, presented the report of the Development Committee. (Attachment B).
Minutes from the January 10, 2003 meeting were approved.
Mr. Farrell reported on the following topics from the committee meeting:
 Attainment Figures
 Fundraising Infrastructure
 Alumni Survey
 Incentive Program for the Madison Fund
 Budget Plan
On motion of Mr. Leeolou, seconded by Mr. Foster, the Development report was approved.
Board of Visitors
April 18, 2003
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Education and Student Life
Mr. Mark Obenshain, Chair, presented the report of the Education and Student Life Committee.
(Attachment C). The minutes from the January 10, 2003 meeting were approved as submitted.
Mr. Obenshain reported on the following topics from the committee meeting:
 Doctorate of Philosophy in Assessment and Measurement
 Safe Zones
 Emergency Contraceptive Pill
 Speaker of the Faculty Senate Report
 Student Government Association President’s Report
 Student Member of the Board Report
On motion of Mr. Obenshain and seconded by Mr. Farrell, the board approved the Doctorate of
Philosophy in Assessment and Measurement for the fall, 2003 semester.
On motion of Mr. Obenshain, seconded by Mr. Cunningham, the University Health Center shall
cease the prescription of the morning after pill to the extent permitted by state law. This motion
was defeated by a vote of 5-8 with Mrs. Blackwell, Mr. Cunningham, Mr. McConville, Mr.
Obenshain, and Mr. Testwuide voting in favor of the motion.
Following the defeat of this motion, Mr. Obenshain asked that the University seek guidance from
the Attorney General’s office regarding the authority of the Board to restrict the prescription
privileges of the clinicians at the University Health Center. Mr. Chiapparone indicated that such
guidance would be sought.
On motion of Mr. Obenshain, seconded by Mr. McConville, the University Health Center shall
cease the distribution of the morning after pill. This motion was passed by a vote of 8-5 with
Mrs. Blackwell, Mr. Cunningham, Mr. Farrell, Mr. Foster, Mr. Jasien, Mr. McConville, Mr.
Obenshain, and Mr. Testwuide voting in favor of the motion.
On motion of Mr. Obenshain, seconded by Mr. Leeolou, the Education and Student Life report
was approved.
Finance and Physical Development Committee
Mr. Bill Jasien, Chair, presented the report of the Finance and Physical Development Committee.
(Attachment D) The minutes from the January 10, 2003 meeting were approved.
Mr. Jasien reported on the following from the committee meeting:
 Quarterly Financial Report
 Credit Card Update
 UREC Refinancing Update
Board of Visitors
April 18, 2003
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Athletic Performance Center Construction/Bond Resolution
2003 General Assembly Actions
2003-04 Tuition and Fees
Concurrent Police Jurisdiction
On motion of Mr. Jasien, seconded on Mr. Leeolou, the following Petition for Concurrent Police
Jurisdiction was approved:
VIRGINIA:
IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY
In re: PETITION OF THE VISITORS OF JAMES
)
MADISON UNIVERSITY FOR CONCURRENT )
POLICE JURISDICTION IN THE CITY OF
)
HARRISIONBURG, VIRGINIA
)
Chancery No.__________
PETITION
Pursuant to Virginia Code § 23-234(iv), The Visitors of James Madison University, by
counsel, petitions the Court for its approval of police jurisdiction to be exercised by the James
Madison University Police Department concurrently with the Harrisonburg Police Department in
that area of the City of Harrisonburg within the boundary stated below:
(1) That the boundary of the area for which approval of exercise of concurrent police
jurisdiction is sought is as stated in the attached exhibit entitled “Concurrent Jurisdiction
Boundary.”
(2) That the largest concentration of University students living and socializing off the
University campus are within the said boundary.
(3) That the purpose in seeking approval of concurrent police jurisdiction within said
boundary is to enhance police presence to preserve good order, to protect persons and property,
and, further, to protect student property when students are simultaneously away in large
numbers.
(4) Attached hereto is a letter from the Manager of the City of Harrisonburg to the
President of James Madison University in support of the approval here sought.
WHEREFORE, Petitioner prays for the Court’s Order approving the exercise of
concurrent police jurisdiction as above stated in accordance with the discretion conferred upon
the Court by Virginia Code § 23-234(iv).
Respectfully submitted,
THE VISITORS OF
JAMES MADISON UNIVERSITY
By: _________________________
Counsel
JERRY W. KILGORE
Board of Visitors
April 18, 2003
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Attorney General of Virginia
C. TABOR CRONK (Va. Bar #05356)
Senior Assistant Attorney General
900 East Main Street
Richmond, Virginia 23219
Telephone (804) 786-0006
On motion of Mr. Jasien, seconded by Ms. Gunter, the Finance and Physical Development
report was approved.
EXPANDING HORIZON PROJECT
Dr. Michael Smilowitz presented a video and powerpoint presentation on the Expanding Horizon
Project. This project is coordinated by the Faculty Senate in cooperation with Thomas Harrison
Middle School. The project encourages lower income middle school students to experience and
consider higher education for their future. Mr. Chiapparone acknowledged Dr. Smilowitz’s
contribution to the board this past year.
2003-04 TUITION AND FEES
Mr. King reviewed the cost issues to be addressed in considering the tuition and fee proposal for
2003-04. (Attachment E)
On motion of Mr. Farrell, seconded by Mr. Jasien, the board approved the tuition and fees for
2003-04 as follows with Mr. Cunningham opposing:
Undergraduate Tuition
In-State
$ 2,382
Out-of-State
$10,464
Comprehensive Fee
$ 2,638
Room and Board
$ 5,736
Graduate Tuition (per credit hour)
In-State
$ 201
Out-of-State
$ 605
Graduate Distance Learning
Information Security
$ 612
Master of Science in Accounting
$ 686
Off Campus (per credit hour)
Undergraduate In-State
$ 106
Undergraduate Out-of-State
$ 372
Graduate In-State
$ 196
Graduate Out-of State
$ 522
Board of Visitors
April 18, 2003
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ATHLETIC PERFORMANCE CENTER CONSTRUCTION AND BOND RESOLUTION
& GENERAL OBLIGATION BOND PROJECT SCHEDULE
On motion of Mr. Jasien, seconded by Mr. Carzo, the construction of the Athletic Performance
Center was approved. (Attachment F)
On motion of Mr. Testwuide, seconded by Mr. Leeolou, to secure $2 million in revenue bonds
for the construction of the Athletic Performance Center was approved.
RECOGNITION RESOLUTIONS
On motion of Mr. Leeolou, seconded by Ms. Gunter, the resolution for naming the theatre
facility was approved. (Attachment G)
On motion of Ms. Gunter, seconded by Mr. Obenshain, the resolution recognizing Kevin Miller
was approved. (Attachment H)
On motion of Mr. Leeolou, seconded by Mr. Obsenshain, the resolution naming the Athletic
Performance Center was approved. (Attachment I)
PROMOTION AND TENURE INCREMENTS
Dr. Douglas Brown reviewed the history of promotion and tenure increments at James Madison
University and the recommendation for increases. (Attachment J)
On motion of Mr. Farrell, seconded by Ms. Gunter, to approve the following increases for
promotion and tenure passed:
Promotion Increments: Associate Professor - $3,500; Full Professor - $5,000
Tenure Increments: $3,500
Rector Chiapparone then called for the board to move into Closed Session. Mr. Jasien made the
following motion:
“I move that the Board go into closed session to discuss: 1) pursuant to Virginia Code Section
2.2-3711 (A)(1), to discuss personnel matters involving promotions, retirements, hiring,
resignations, salary adjustments, and status changes of various faculty members and
administrators, as well as the award of tenure to faculty members; and 2) pursuant to Virginia
Code Section 2.2-3711 (A)(7), to consult with our attorney regarding specific legal matters
involving Board liability which require his advice.”
The motion was seconded by Mr. McConville and the Board moved into closed session.
Board of Visitors
April 18, 2003
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Following the closed session, Mr. Chiapparone then stated the following:
During the closed session, the board discussed only matters lawfully
exempted from open meeting requirements and only those types of matters
identified in the motion for the closed session.
RECORDED VOTE: the following is an affirmative recorded, member by
member vote:
Blackwell, Helen
Chiapparone, Paul
Carzo, Frank
Cunningham, Chuck
Farrell, Joe
Foster, Charles
Gunter, Meredith
Jasien, Bill
Leeolou, Stephen
McConville, Timothy
Obenshain, Mark
Pretlow, Delores
Testwuide, Robert
Mr. Chiapparone then asked if there were any motions to come forward.
On motion by Mr. Jasien, seconded by Mr. Farrell, the personnel actions discussed in closed
session regarding promotions, retirements, hirings, resignations, award of tenure, salary
adjustments and status changes of various faculty and administrators with the new promotion and
tenure increments were approved. (Attachment K)
Since the University had no further information from the Attorney General’s office regarding the
race conscious programs, Mr. Cunningham indicated he would not bring his motion off the table
from the previous meeting regarding “race” designation on the admissions application.
ADJOURNMENT:
There being no further business, on motion of Mr. Jasien, seconded by Mr. Farrell, the Board
voted to adjourn. The meeting was adjourned at 3:30 pm.
____________________________________
Paul Chiapparone, Rector
__________________________________
Donna L. Harper, Secretary
Board of Visitors
April 18, 2003