agenda€¦ · 9/6/2020 · mike martin (tab #2) 9:55 a.m. consent agenda (includes public...

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AGENDA

FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES CONFERENCE CALL MEETING

Tuesday, June 9, 2020 9 a.m. to (estimated) 11:30 a.m.

Audio Access: www.fgcu.edu/boardcast

NOTES:

1. Indicated times within the agenda are approximate and are subject to change. Agenda items may be taken out of order at the call of the Chair and with the concurrence of the Board. 2. Due to social distancing requirements for COVID-19, ALL public comment on action items must be sent by email to [email protected] no later than 5 p.m. on Monday, June 8. Comments will be read into the record during the conference call meeting. 9 a.m. Call to Order, Roll Call, and Opening Remarks – Chair

Blake Gable 9:05 a.m. COVID-19 and FGCU – Chair Blake Gable

Information:

• President’s Report – President Mike Martin

• Student Success and Enrollment Management Report – Vice President for Student Success and Enrollment Management (TAB #1)

Action (Includes Public Comment):

• Florida Gulf Coast University COVID-19 Fall 2020 Semester Plan for Board of Governors – President Mike Martin (TAB #2)

9:55 a.m. Consent Agenda (Includes Public Comment) – Chair

Blake Gable

• Minutes of May 5, 2020 Conference Call Meeting (TAB #3)

• Florida Postsecondary Comprehensive Transition Program (FPCTP) Grant (TAB #4)

FGCU Board of Trustees - June 9, 2020

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http://www.fgcu.edu/boardcast

mailto:[email protected]

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10 a.m. Academic/Student/Faculty Affairs Committee (Includes

Public Comment) – Committee Chair Edward Morton Information:

• Faculty Promotions – Provost and Vice President for Academic Affairs James Llorens (TAB #5)

Action:

• Regulation: FGCU-PR4.007 Administrative Withdrawal – Vice President for Student Success and Enrollment Management Mitch Cordova (TAB #6)

10:10 a.m. Finance, Facilities and Administration Committee

(Includes Public Comment) – Committee Chair Ken Smith

Action:

• President’s Performance Evaluation for 2019-2020 – Chair Blake Gable (TAB #7)

Information:

• Finance/Budget Update – Vice President for Administrative Services and Finance, and Executive Director of FGCU Financing Corporation Steve Magiera (TAB #8)

• Transcript of Executive Session for Linda Johnson Pinckney vs. Florida Gulf Coast University Board of Trustees – Vice President and General Counsel Vee Leonard (TAB #9)

Action:

• Carryforward Funds for Fiscal Year ended June 30, 2020 – Vice President for Administrative Services and Finance, and Executive Director of FGCU Financing Corporation Steve Magiera (TAB #10)

• Regulation: FGCU-PR7.001 Tuition and Fees – Vice President for Administrative Services and Finance, and Executive Director of FGCU Financing Corporation Steve Magiera (TAB #11)

• 2020-2021 Operating Budget – Vice President for Administrative Services and Finance, and Executive Director of FGCU Financing Corporation Steve Magiera (TAB #12)

• 2021-2022 Capital Improvement Plan Request – Vice President for Administrative Services and Finance, and Executive Director of FGCU Financing Corporation Steve Magiera (TAB #13)


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• Fixed Capital Outlay Budget Quarterly Update – Vice President for Administrative Services and Finance, and Executive Director of FGCU Financing Corporation Steve Magiera (TAB #14)

• Naming of School of Entrepreneurship as “Frank and Ellen Daveler and Sandra Kauanui School of Entrepreneurship” – Vice President for University Advancement, and Executive Director of FGCU Foundation Kitty Green (TAB #15)

11:15 a.m. Audit and Compliance Committee (Includes Public Comment) – Committee Chair Joseph Fogg III

Information:

• Florida Gulf Coast University Board of Trustees Ethics Training – Director of Equity, Ethics and Compliance, and Title IX Coordinator Precious Gunter (TAB #16)

11:20 a.m. Old Business – Chair Blake Gable 11:25 a.m. New Business – Chair Blake Gable

11:30 a.m. Closing Remarks, and Adjournment – Chair Blake Gable

(END)


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AGENDA INDEX

FGCU Board of Trustees

June 9, 2020

Tab # Item Action/Information

1 Student Success and Enrollment Management Report Information Only

2Florida Gulf Coast University COVID-19 Fall 2020 Semester Plan for Board of

Governors Board Action

3 Minutes of May 5, 2020 Conference Call Meeting Board Action (Consent Agenda)

4 Florida Postsecondary Comprehensive Transition Program (FPCTP) Grant Board Action (Consent Agenda)

5 Faculty Promotions Information Only

6 Regulation: FGCU-PR4.007 Administrative Withdrawal Board Action

7 President’s Performance Evaluation for 2019-2020 Board Action

8 Finance/Budget Update Information Only

9Transcript of Executive Session for Linda Johnson Pinckney vs. Florida Gulf

Coast University Board of Trustees Information Only

10 Carryforward Funds for Fiscal Year ended June 30, 2020 Board Action

11 Regulation: FGCU-PR7.001 Tuition and Fees Board Action

12 2020-2021 Operating Budget Board Action

13 2021-2022 Capital Improvement Plan Request Board Action

14 2020-2021 Fixed Capital Outlay Budget Quarterly Update Board Action

15Naming of School of Entrepreneurship as “Frank and Ellen Daveler and Sandra

Kauanui School of Entrepreneurship” Board Action

16 Florida Gulf Coast University Board of Trustees Ethics Training Information Only


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ITEM: __1__

Florida Gulf Coast University Board of Trustees June 9, 2020

SUBJECT: Student Success and Enrollment Management Report

PROPOSED BOARD ACTION

Information only

BACKGROUND INFORMATION An overview of the most current Summer 2020 and Fall 2020 enrollment data will be presented. Projected incoming Freshman First-Time-In-College (FTIC) data for the Summer and Fall terms also will be presented. Additionally, the most current projections for student housing occupancy will also be presented.

Supporting Documentation Included: N/A Prepared by: Vice President for Student Success and Enrollment Mangement Mitch Cordova Legal Review: N/A Submitted by: Vice President for Student Success and Enrollment Mangement Mitch Cordova


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ITEM: __2__


SUBJECT: Florida Gulf Coast University COVID-19 Fall 2020 Semester Plan for

Board of Governors


Approve the FGCU Fall 2020 COVID-19 Plan

BACKGROUND INFORMATION The Board of Governors recently approved “State University System of Florida Blueprint for Reopening Campuses Fall 2020,” a set of guidelines for the 12 state universities. Each university, including FGCU, has prepared a Plan for approval consideration by its respective board of trustees (BOT). BOT-approved Plans will be considered for approval by the Board of Governors at its June 23, 2020 meeting. The need for flexible and customized Plans is key, given COVID-19 unknowns in August at the start of the fall semester. This point is reflected in the following statements: “The university plans should be shaped by their unique campus and community situations, with the primary focus of promoting a healthy environment and continuing to offer high quality academic programs,” said Syd Kitson, chair of the Board of Governors. “I am confident our universities will make the best possible decisions with the information we currently have, but the success of these plans depend upon the collective efforts of everyone to respect the new protocols and set an example for others, both on and off campus.” “Agility is critical as we continue to monitor and make adjustments to address the challenges presented by Covid-19,” said Marshall Criser, III, chancellor of the State University System. “Moving forward, we will engage our communities in recognizing the responsibility that lies within all of us – campus community, local community, students, faculty, staff, volunteers, and visitors – to work towards a healthy environment for all who come to our campuses.” FGCU’s Fall 2020 COVID-19 Plan will be presented to the FGCU Board of Trustees at its June 9 meeting.


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Supporting Documentation Included: (1) State University System of Florida Blueprint for Reopening Campuses Fall 2020, and (2) FGCU Fall 2020 COVID-19 Plan Prepared by: Director of Emergency Management Ruth Rodrigues Legal Review: Vice President and General Counsel Vee Leonard (June 3, 2020) Submitted by: President Mike Martin


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The State University System of Florida Blueprint for Reopening Campuses Fall Semester 2020

The Board of Governors is providing the State University System of Florida Blueprint for Reopening

Campuses for Fall Semester 2020 that identifies critical elements to guide the 12 state universities as each

one develops an individualized plan. Each university has a dedicated mission with unique strengths and

characteristics, and it is important to recognize that each campus community has an extraordinary

environment that includes students from all regions of the state, nation, and world. The distinctiveness

of each university community makes it critical that every university plan prioritizes the health and well-

being of all students, faculty, staff, vendors, volunteers, and visitors, particularly as all institutions

continue to battle the COVID-19 pandemic. University plans should anticipate the agility necessary to

respond to changed conditions and enhance the resiliency of each institution. Equally important to the

Board is that the 12 universities remain focused and unwavering in the delivery of high-quality academic

programs and services. A commitment to these priorities will enable our universities to continue to meet

the Board’s academic performance and student success goals.

The traditional campus experience for students will be different from past years, adapted to promote a

healthy environment, as we all learn to co-exist with the COVID-19 virus. As all universities continue to

work to enhance health and safety precautions, academic pursuits, social interactions, extracurricular

activities, and athletics will occur in new and unique formats that will still be positive and rewarding

experiences.

A HEALTHY CAMPUS ENVIRONMENT

The foundational priority of each university’s plan will be the health and welfare of all students,

faculty, staff, vendors, volunteers, and visitors.

Health and safety on a university campus is a shared responsibility for all involved. All students,

employees, vendors, volunteers, and visitors will be subject to new policies, procedures, and

oversight designed to promote a safer and healthier environment for teaching, learning, and

working, including strategies to protect individuals at higher risk for developing adverse outcomes

of COVID-19.

The Centers for Disease Control and Prevention (CDC), state, and local social distancing guidelines

that are in place at the time of each university’s Fall opening should be implemented in all campus

facilities and should include procedures for enforcement for all constituents.

The use of face coverings and hand sanitizers should be addressed in each university plan.

All students and employees should be educated and trained in the requirements and expectations

for the new health and safety procedures and the consequences for non-compliance of these

university policies.

While recognizing that the national and regional athletic conferences will develop plans with their

member institutions for intercollegiate competition, each university plan should provide specific

protections and protocols for participation in athletic competition by their students, staffs, and

spectators that comply with CDC guidelines and state policies regarding COVID-19.

Each university plan should consider the campus’s current and projected health environment as

it plans for the gradual and measured approval of student extracurricular activities, including


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Greek organization operations and functions, student organizations, clubs, intramural sports, and

social gatherings.

In light of the highly contagious nature of the COVID-19 virus, each university should have the

capability to regularly clean and disinfect all university facilities, including classrooms, office

spaces, housing and food service facilities, research equipment and laboratories, and public

spaces.

A HEALTHY COMMUNITY ENVIRONMENT

Each university plan should emphasize that the health and safety of its campus is a shared

responsibility among students, employees, vendors, volunteers, visitors, and surrounding

community members.

Governmental leaders, business owners, and health care providers in the surrounding university

community should accept a shared responsibility with the university to promote the health of the

campus and its surrounding community. As important partners, these entities should be strongly

urged to commit to adhering to and endorsing national and state guidelines and university policies

that are in place to promote health and safety.

Every individual coming on to a state university campus should be expected to accept personal

responsibility for his/her actions by following all CDC recommendations and university policies.

Each university should establish and publicize consequences for non-compliance of all relevant

national, state, and university policies.

Universities should support prevention and mitigation strategies developed by the Florida

Department of Health for other infectious diseases that may worsen or are similar to COVID-19,

such as influenza.

COVID-19 VIRUS TESTING

A COVID-19 testing plan is needed at every university to determine who in the campus community

should be tested, when and how often they should be tested, to enable employees and students

to return to campus in a controlled, phased-in approach.

A survey or screening methodology should be incorporated to identify and prioritize individuals

who warrant testing, and include reporting of travel to/from geographic areas with significant

community transmission.

The testing plan should include a regimen for individuals coming to the campus from state,

national, and international geographic areas with significant community transmission.

A university testing plan should include a process that will enable health care professionals to

rapidly respond to identified “hot spots” on the campus.

Protocols will need to be established with local hospitals and health care systems and the capacity

of the local hospitals and health care systems clarified prior to reopening the campus.

A Clinical Advisory Committee on testing and tracing established by the task force will recommend

a clinical framework for repopulating a campus.

Universities who are able to assist other institutions in the SUS with the development of a

university testing plan are encouraged to do so.


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CONTACT TRACING and SURVEILLANCE

Contact tracing is under the authority of the Florida Department of Health. Universities should

work with the Department of Health and the local county health departments to determine if

universities can assist the Department in contact tracing efforts for individuals testing positive.

For students in on-campus housing, facilities (rooms, building sections, or temporary housing, on

or off campus) must be identified that will be suitable for isolating positive virus cases until they

are no longer infectious. Resources should be made available to provide care, counseling, and

other services to these individuals and include the ability for quarantined students to continue

their studies.

The status of the health environment of the campus should be regularly monitored to enable

campus leaders to quickly respond to significant increases in virus infections and hospitalization

rates. A campus threshold that will trigger a return to tighter social distancing and behavioral

restrictions should be defined in advance.

ACADEMIC PROGRAM DELIVERY

Universities should continue to explore new and creative ways to use technology to deliver classes

in a variety of delivery modes using alternative instructional formats and hybrid combinations of

face-to-face and online delivery modes.

Reasonable alternatives should be made available for faculty and students who are unable to

participate in available class delivery formats, including individuals with serious illness, older

adults, and individuals of any age with serious underlying conditions who may be at higher risk

for severe illness from COVID-19.

Class sizes and classroom densities, as well as outdoor and non-traditional spaces, should be

evaluated in consideration of the current CDC, state, and local social distancing guidelines.

Universities are encouraged to consider varied course scheduling and calendar options to

accommodate alternative instructional delivery formats.

Faculty training and professional development should continue to provide enhanced training and

support for new online technologies and non-traditional modes of delivery of instruction.

Each university plan should acknowledge that from the time of the development of its plan to the

time of the beginning of fall semester, the health environment of the local community will likely

look very different. The need for flexibility should be stressed to all students, faculty, and staff as

schedules and delivery modes may need to be adjusted in reaction to the evolving health

conditions on each campus and in each campus community.


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June 4, 2020

Florida Gulf Coast University Fall 2020 COVID-19 Plan PROTECTING THE NEST


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Contents University Objectives for COVID-19 Response ............................................................................................ 3

White House Coronavirus Task Force - Opening Up America Again Plan .............................................. 4

Governor DeSantis - Executive Order 20-112 .......................................................................................... 4

Board of County Commissioners - Lee County ........................................................................................ 4

Centers for Disease Control and Prevention (CDC) ................................................................................. 5

Florida Department of Health (FDOH) ..................................................................................................... 5

A HEALTHY AND SAFE CAMPUS .................................................................................................................... 5

Infection Prevention Strategies ............................................................................................................... 5

Employee Phased Return to Campus ...................................................................................................... 6

Return to the Workplace Guidelines ....................................................................................................... 6

Staffing: ................................................................................................................................................. 6

Special Accommodations for Vulnerable Population: ........................................................................ 7

Little Eagles Learning Center: ............................................................................................................... 7

Staff and Faculty Telecommuting/Remote Work Program Guidelines .................................................. 7

Technology Requirements and Training for Staff: .............................................................................. 8

Travel Guidelines ...................................................................................................................................... 8

Public Transportation/FGCU Shuttle ....................................................................................................... 8

Classroom, Lab, and Multi-purpose Room Capacity ............................................................................... 9

A HEALTHY COMMUNITY ENVIRONMENT: ................................................................................................... 9

Personal Protection Measures ................................................................................................................. 9

Face Masks/Cloth Face Coverings: ....................................................................................................... 9

N95 masks:.......................................................................................................................................... 10

Gloves: ................................................................................................................................................ 10

Protective Barriers: ............................................................................................................................ 10

Surface Wipes: .................................................................................................................................... 11

Hand Sanitizer: ................................................................................................................................... 11

Cleaning and Sanitation: .................................................................................................................... 11

Enforcement: ...................................................................................................................................... 11

STUDENT ENGAGEMENT AND SERVICES: .............................................................................................. 11

Athletics: ............................................................................................................................................. 11

Campus Recreation: ........................................................................................................................... 12

CAPS: ................................................................................................................................................... 12


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Prevention and Wellness: .................................................................................................................. 12

Housing and Residence Life: .............................................................................................................. 12

Meetings/Events: ............................................................................................................................... 13

Student Health Services: .................................................................................................................... 13

Campus Life: ....................................................................................................................................... 14

CAMPUS EDUCATIONAL STRATEGY: ...................................................................................................... 15

Mandatory Training: .......................................................................................................................... 15

COVID-19 Communication Plan: ........................................................................................................ 15

Types of Communications: ................................................................................................................. 15

Methods of Communications: ........................................................................................................... 16

SCREENING, COVID-19 VIRUS TESTING, AND CONTACT TRACING ....................................................... 16

Screening: ........................................................................................................................................... 16

Testing: ............................................................................................................................................... 16

Contact Tracing Local Healthcare Partners: ...................................................................................... 17

Quarantine and Isolation: .................................................................................................................. 17

Quarantine/Isolation Procedures: ..................................................................................................... 18

ACADEMIC PROGRAM DELIVERY ........................................................................................................... 18

Guiding Principles for Academic Instruction: .................................................................................... 18

APPENDIXES ................................................................................................................................................ 22

APPENDIX A – FGCU Member List.......................................................................................................... 22

APPENDIX B – Faculty/Staff Remote Work Access Guidelines ............................................................. 25

APPENDIX C – Student Minimum Technical Requirements .................................................................. 31

APPENDIX D – Request Remote Instruction Accommodation .............................................................. 33

APPENDIX E – PHASED RETURN OF CAMPUS EMPLOYEES ................................................................... 36


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Florida Gulf Coast University

Fall 2020 COVID-19 Plan The COVID-19 pandemic is an unwelcome, but effective instructor, who requires Florida Gulf Coast University, FGCU, to look with new perspective on its mission to prepare students for “successful lives as responsible, productive and engaged citizens.” FGCU is an open place where people of all backgrounds come to learn how their unique talents combined with acquired knowledge and practiced application can sustain themselves and improve conditions in their community and beyond. FGCU “emphasizes innovative, student-centered teaching and learning, promotes and practices environmental sustainability, embraces diversity, nurtures community partnerships, values public service, encourages civic responsibility, and cultivates habits of lifelong learning and the discovery of new knowledge”. This approach to learning and engagement of knowledge demonstrates that this time of uncertainty is a unique living laboratory for students, faculty, staff, and the community to explore and examine solutions to present day issues. While the instructional approach, social interactions, and extracurricular activities may be different in the fall, FGCU remains a place to look at the world scientifically, engage new ideas with an entrepreneurial spirit, care for the vulnerable with compassion and purpose, and collaborate to reach our goals. Flexibility and innovation are essential elements of the FGCU fall plan. It is understood that due to a continued decrease in COVID-19 related hospitalizations and cases in the nation, state, and community progressive stages standardization may occur throughout the fall semester. Likewise, a resurgence of COVID-19 in these areas or on FGCU’s campus may require a full or partial return to remote work and instruction. This plan allows for the changes needed to best support the University goals in a variety of circumstances.

University Objectives for COVID-19 Response

o Protect the health, safety, and well-being of our students, faculty, staff, and community, o Ensure delivery of high-quality coursework/programs which lead to high-quality degrees, o Sustain our core superstructure and infrastructure, o Minimize the possibility of layoffs, furloughs, program eliminations, or other serious displacements. A commitment to these objectives will enable FGCU to continue to meet the Board of Governor’s academic performance and student success goals.


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Approach To effectively meet the stated objectives, Florida Gulf Coast University is following applicable Executive Orders and closely consulting guidelines issued by federal, state, county, and local entities. Listed below are a few of the key elements under consideration. White House Coronavirus Task Force - Opening Up America Again Plan On April 16, 2020 President Trump’s Coronavirus Task Force outlined the plan for Opening Up America Again. The Emergency Advisory Council considered the state and regional gating criteria for each of the proposed phases. It is hypothesized that SW Florida will likely be in Phase 2 or potentially Phase 3 as FGCU readies for the start of fall semester classes on August 17th. For each phase, specific application and consideration is given to physical distancing protocols, social gathering and event participant limitations, remote work prompts, and anticipated openness of public services and commerce in the SW Florida area. Governor DeSantis - Executive Order 20-112 On April 29th, Governor DeSantis issued Executive Order 20-112, which adopted several responses related to Phase 1 of Opening Up America Again. The Emergency Advisory Council considered continued stay at home measures for senior citizens and other vulnerable populations, limitations on group gatherings, physical distancing, use of personal protective equipment (PPE), screening protocols, and a 25% occupancy level of specific limited businesses. Florida Phase 1 began Monday, May 4th. On May 9th, 2020 Governor DeSantis issued Executive Order 20-120 Expanding Phase 1 Safe. Smart. Step-by-Step. Plan for Florida's Recovery. Executive Orders 20-123, May 14, 2020, and Executive Orders 20-131, May 22nd, 2020, expanded on Full Phase 1. Executive Order 20-139 further opened Florida on June 3rd beginning Phase 2 of the recommendations by the Task Force to Re-Open Florida. This order encourages social distancing and safety protocols, continues to encourage health measures for senior citizens and those with underlying conditions, expands group congregation up to 50 persons, and provides some travel exceptions for commercial activity and students. Orders effective by dates in order, May 11th, May 18th, May 22nd, and June 3rd, 2020. Board of County Commissioners - Lee County On May 19th, 2020 Lee County issued Emergency Resolution 20-05-03 Ninth Extension of State of Local Emergency Countywide. Resolution is on a week by week extension with next meeting on May 26th, 2020. On May 1st, 2020 Lee County issued Emergency Order 20-02 Providing for Temporary Regulations for Outdoor Seating. To promote appropriate social distancing Restaurants in Lee County may utilize up to 2,000 square feet of available outdoor space to provide social distancing. Must comply with provisions in Executive Order 20-112. Order in effect until five days after State of Florida permits Restaurants to operate at 100% capacity.


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Centers for Disease Control and Prevention (CDC) The CDC is the leading national public health institute in the United States. It issues regular guidance regarding health concerns including COVID -19. Specific COVID-19 guidance includes but is not limited to Institutes of Higher Education, Sanitation, PPE, travel, worker safety, and interim guidance for businesses and workplaces.

Florida Department of Health (FDOH) On March 1th, 2020 Governor DeSantis issued Executive Order 20-51 Establishes COVID-19 Response Protocol and Directs Public Health Emergency. Executive Order 20-51 directs the State Health Officer to follow the guidelines established by the CDC in establishing protocols to control the spread of COVlD-19 and educate the public on prevention. Order 20-51 also designates the Florida Department of Health as the lead state agency to coordinate emergency response activities among the various state agencies and local governments. FDOH provides guidance and recommendations on what one needs to know about COVID-19 in Florida. Provides resources to review one’s symptoms, information about testing, guidance to cleaning and social distancing and what one needs to know if one is positive for COVID-19. FDOH provides up to date state and county-specific information on Florida’s COVID-19 Data and Surveillance. https://floridahealthcovid19.gov/

A HEALTHY AND SAFE CAMPUS

The foundational priority of Florida Gulf Coast University’s Fall 2020 COVID-19 Plan will be the health and safety of all students, faculty, staff, vendors, volunteers, and visitors. While much remains unknown about the COVID-19 virus, tests, and treatments, FGCU will seek to mitigate risk for the campus and community based on the knowledge and resources available at the time. Risk Mitigation will be centered around:

o Infection prevention strategies outlined by the FDOH and/or CDC o A campus COVID-19 education campaign to influence positive health behaviors o Mandatory COVID-19 training for all students, faculty, and staff o Personal responsibility for sanitization and health practices o Surveillance/screening capabilities o A sound infection prevention and control strategy

Infection Prevention Strategies The social distancing guidelines and other safety and health recommendations issued by the Centers for Disease Control and Prevention (CDC), Florida Department of Health and applicable governing entities that are in place during the fall 2020 semester will be implemented for campus facilities and will include procedures for enforcement. It should be noted that due to the ever-evolving nature of the pandemic, overlapping advisories and orders can conflict with one another. FGCU will make deliberate and thoughtful decisions considering all available orders and advisories.


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Health and safety at FGCU is a shared responsibility for all involved. All students, employees, vendors, volunteers, and visitors will be subject to new policies, procedures, and oversight designed to promote a safer and healthier environment for teaching, learning, and working, including strategies to protect individuals at higher risk for developing adverse outcomes of COVID-19.

Employee Phased Return to Campus FGCU will phase in a return of employees to campus in a coordinated process to ensure appropriate social distancing, availability of PPE (personal protective equipment), and testing capabilities for COVID-19.

FGCU will assess expanded staffing based on mission-critical operations, ability to control and manage specific work environments, and necessity to access on-site resources. These decisions, once approved, will be communicated by the University and controlled by the Provost, Vice Presidents, and Deans.

Return to the Workplace Guidelines Staffing:

Once staff return to work on-campus, there are several options to consider to maintain required social distancing measures and reduce population density within buildings and work spaces. Remote Work: Those who can work remotely to fulfill some or all of their work responsibilities may continue to do so to reduce the number of individuals on campus and the potential spread of COVID-19. These arrangements, which must be approved by the immediate supervisor, can be done in a full or partial day/week schedule as appropriate. Alternating Days: In order to limit the number of individuals and interactions among those on campus, departments can schedule partial staffing on alternating days. Such schedules will help enable social distancing, especially in areas with common workspaces. Staggered Schedules: The beginning and end of the workday typically bring many people together at common times. Staggering reporting and departure times by at least 30 minutes will reduce employees gathering in common areas. The need to reduce the number of people on campus to meet social distancing requirements, is likely to continue for some time. Expanded staffing will be tightly controlled and coordinated to mitigate potential risks and ensure the safety of faculty, staff and students, as well as the communities we serve. Below is an example timeline that could change based on the guidance and local conditions. A proposed timeline if conditions continue to improve is included in Appendix E.

Example Timeline: Phase I: June, 25% - 30% of Staff and Faculty return to campus Phase II: July, 40% - 70% of Staff and Faculty return to campus Phase III: August, 70% - 100% of Staff and Faculty return to campus


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Special Accommodations for Vulnerable Population:

According to the CDC, individuals with certain conditions may have a higher risk for COVID-19 infection. Those conditions may include:

Older adults (aged 65 years and older) People with HIV Asthma (moderate-to-severe) Chronic lung disease Diabetes Serious heart conditions Chronic kidney disease being treated with dialysis Severe obesity Being immunocompromised

Staff and Faculty members whose health condition falls within one of the CDC High Risk Categories or is pregnant may seek a Temporary COVID-19 Workplace Adjustment by contacting Human Resources at [email protected] or 239-590-1400, select ‘1’ for benefits.

Little Eagles Learning Center: As we prepare for the fall semester, the health and well-being of our Little Eagles Learning Center families and staff are of our highest priorities. The Little Eagles Learning Center supports the fall return of FGCU students and staff by nurturing and caring for their children in a safe and lifelong-learning environment. The center offers high-quality early care and education for up to 58 children between 6 weeks and 5 years old. In the interest of limiting the opportunity for transmission to this vulnerable community, we are taking the following precautionary measures:

Implement social distancing strategies Intensify cleaning and disinfection efforts Modify drop off and pick up procedures Implement screening procedures upon arrival Maintain an adequate ratio of staff to children to ensure safety Ensure a roster of substitute caregivers who can fill in if staff members are sick When feasible, staff members and older children should wear face coverings

within the facility Note: Cloth face coverings will NOT be used on babies and children under age two.

Staff and Faculty Telecommuting/Remote Work Program Guidelines Telecommuting/remote work is an arrangement in which an employee performs their regular work at their home, for a specified portion of the workweek, or the entire workweek. The program may be utilized at the departmental managers’ discretion and is not an employee benefit or right. Telecommuting is intended to create flexible conditions that will enhance the capability of both the


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employee and the university to meet/exceed the stated goals and objectives more effectively for students, faculty, and staff. To encourage a healthy return to campus, employees will continue to be encouraged to work remotely until their supervisor indicates a return to campus. Employees may also be asked to perform their work with a combination of on campus and remote work based on needs of the department to adhere to social distancing guidelines. Employees with documented vulnerabilities to COVID-19 will work with their supervisor and Human Resources as stated above.

Technology Requirements and Training for Staff: To best meet work demands, minimum technology requirements outlined in Appendix B will be considered as the supervisor determines telecommuting/remote work for employees. For additional information reference: Faculty/Staff Remote Work Access Guidelines - Appendix B Faculty/Staff Work from Home Technical Requirements – Appendix B To best accommodate the time and talent of employees, training for faculty and staff on Microsoft Teams will begin on June 1 and will be delivered using on demand video. Additional technology training may be accessed at the ITS Training site.

Travel Guidelines In accordance with CDC and FDOH guidelines, FGCU may continue to discourage non-essential university travel. Travel that is deemed essential requires approval by the appropriate Vice President. No travel reimbursements will be issued without approval. International travel must be pre-approved by the University President. Employees should be aware that they could find their movements severely restricted in international travel, including re-entry into the United States. Employees are strongly encouraged to minimize personal travel. Employees who do travel should inform themselves of advisories, restrictions and related quarantines upon return to Florida issued by the CDC, Executive Orders of the Governor of Florida, and the Florida Department of Health. Based on guidance in place at the time, FGCU may require returning employees to self-quarantine for 14 days. Supervisors and employees should have these conversations when discussing leave time.

Public Transportation/FGCU Shuttle When using public transportation, including the FGCU shuttle, wear a mask before entering and avoid touching surfaces with your hands when possible. Upon disembarking, wash hands or use alcohol-based hand sanitizers with greater than 60% ethanol as soon as possible and before removing mask.


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FGCU Shuttle: The three housing routes, North Lake, SoVi, West Lake, will operate for the fall. FGCU will work with the vendor to determine appropriate safety procedures for the drivers and passengers. This may include limiting capacity and requiring masks be worn due to close proximity of riders. LeeTran: Route 60 services a route to FGCU. Go to www.leegov.com/leetran for updates on route, schedule, and Covid-19 updates.

Classroom, Lab, and Multi-purpose Room Capacity Classrooms, Labs, Computer Labs, and Multipurpose have been evaluated for 25%, 50%, and 100% capacity. Fall semester capacity for all campus facilities will be determined by campus leadership based capacity, health, and social distancing guidelines available throughout the semester. To present a consistent capacity guideline for the FGCU community, the capacity will be applied to all campus facilities including common areas, dining locations, athletics facilities, campus recreation areas, multi-purpose rooms, building lobbies, and other applicable spaces. Spaces that are not generally utilized for classes, may be used to ensure social distancing for classes. The use of technology to simulcast to multiple rooms may be employed to to fulfill a compliance standard for classes with a demonstration component. Information regarding current capacity level will be communicated to the campus through a variety of means including signage, social media, official email memos, sanitation stations, and websites.

A HEALTHY COMMUNITY ENVIRONMENT

The health and safety of the campus is a shared responsibility among students, employees, vendors, volunteers, visitors, and surrounding community members. Every individual coming to FGCU’s campus will accept personal responsibility for his/her actions by following CDC, FDOH, and University advisories and guidelines. FGCU will support prevention and mitigation strategies developed by the Florida Department of Health for other infectious diseases that may worsen symptoms or are similar to COVID-19, such as influenza. Personal Protection Measures Face Masks/Cloth Face Coverings: Face masks or face coverings are encouraged to be worn by anyone on campus when in the presence of others and in public settings where social distancing measures are difficult to maintain. This includes students, faculty, staff, vendors, and visitors. Appropriate use of face masks or coverings is critical for minimizing the risk of infection. The mask or cloth face covering is not a substitute for social distancing.


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One cloth face covering will be provided to all employees and students which may be supplemented with personal masks or face coverings. Cloth face coverings must only be worn for one day at a time, and must be properly laundered before use again. Disposable masks may only be worn for one day and then must be placed in the trash. Disposable masks will be provided to departments in limited quantities to issue to visitors as needed. Disposable masks and face coverings will be available for purchase in the University Bookstore and in vending machines on campus.

N95 masks: N95 masks are only required for those who work in areas with high risk of contracting COVID-19 due to frequent or prolonged exposure to aerosols or droplets from COVID-19 confirmed or suspected patients. N-95 masks may also be required for other reasons to comply with statutes or guidelines unrelated to COVID-19.

If an N95 mask is needed, workers must: o Complete the required training on the Respiratory Safety program provided by

Environmental Health and Safety o Take their completed Medical Questionnaire to a Healthcare practitioner o Submit the completed and signed Medical Recommendation Form to their Supervisor o Successfully pass the fit-test with the specific respirator they will wear through

Environmental Health and Safety o Follow all instructions regarding the use and handling of the respirator o Wear the respirator when appropriate to provide necessary protection

Gloves: According to the CDC, gloves are not necessary for general use and do not replace good hand hygiene. Handwashing and other basic prevention measures:

o Frequent and thorough hand washing is encouraged throughout the day. If soap and water are not readily available, use a hand sanitizer that contains at least 60% alcohol.

o Those who are sick or experiencing any symptoms of illness should stay home. o The mouth and nose should be covered with a tissue when one coughs or sneezes or use the

inside of the elbow. o Hands should be immediately washed with soap and water for at least 20 seconds. If soap

and water are not readily available, clean your hands with a hand sanitizer. Protective Barriers: Countertop Protective Shields will be installed at various locations on campus that have frequent or prolonged contact with clients.


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Surface Wipes: Disposable surface wipe stations will be installed in every classroom, computer lab, multipurpose room, common area and other identified areas on campus with a high level of traffic. It will be the personal responsibility of faculty, staff, students, visitors, and vendors to utilize the surface wipes provided by the University to wipe any surfaces they feel should be cleaned prior to or after coming into contact with that surface. Hand Sanitizer: Hand Sanitizer stations will be located at campus building entrances and near the elevator of each building. It will be the personal responsibility of faculty, staff, students, visitors, and vendors to wash their hands frequently and/ or utilize the hand sanitizer provided to maintain healthy hygiene practices. Cleaning and Sanitation: Cleaning and sanitation practices will adhere to CDC guidance for schools. University facilities, including classrooms, office spaces, housing locations, food service facilities, social activities/public space, and research equipment and laboratories will be assigned levels of cleaning based on the frequency of use and type of activity taking place in each area. Cleaning and sanitation of common areas, high touch surfaces, and other areas identified as potential areas for spread of COVID-19 will be increased on a daily basis. Additional deep cleaning will be provided as needed for areas with special needs. Enforcement: Enforcement will be conducted through the current campus student and employee processes for coaching and discipline. STUDENT ENGAGEMENT AND SERVICES: Athletics: FGCU Athletics sport participation will return to campus following the appropriate CDC, NCAA, and University guidelines. FGCU Athletics will follow all NCAA and ASUN requirements for recruiting, workouts, and practices, including any travel restrictions and parameters related to COVID-19. Athletics will open locker rooms to student athletes and resume normal laundry operations with modified sanitation and cleaning protocols to protect employees, volunteers, and athletes. FGCU Athletics will initiate and maintain infectious disease education, screening, and isolation efforts for student athletes per NCAA guidelines. Athletic facilities will remain closed to outside groups and users until other campus facilities are open to users. Until further notice, all athletic facilities will remain locked throughout the day and only authorized users will be allowed into athletic facilities.


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Campus Recreation: When intramural activities resume, some sports will be restricted due to physical distancing standards. Spectators will be capped for events and only one event will be scheduled per evening to reduce spectators. Sports Clubs will resume practices, games, and other activities with appropriate crowd control and physical distancing measures. Travel will be subject to University guidelines.

Outdoor Pursuits will be limited to day trips within 4 hours. Enhanced cleaning protocols will be in place at all facilities including patron access to cleaning wipes and hand sanitizer. CAPS:

• CAPS will continue to offer limited in-person sessions that will increase as guidelines allow. • Students seeking services will be encouraged to do so online and by phone. Students can register

for services through our established online procedures. • Counseling, therapy and consulting services will be conducted virtually in addition to in person

sessions. Where possible, appointments will be conducted virtually. • Individual, group counseling and therapy along with psychiatry will continue using the TAO

ZOOM platform. • Where possible, group sessions will be offered in person practicing appropriate physical

distancing standards. • Clinical staff will sanitize high touch areas in addition to the normal University cleaning.

Prevention and Wellness: • The University Victim Advocate will continue to meet with students in person if requested. • Peer Educator meetings will be held with 50% of the Peers signing in virtually and 50% of the Peers

attending meetings in person using a rotating schedule. • Wellness Coaching will be done in spaces where distancing can be achieved. • Tabling events will be done allowing for safe distancing, and minimizing hands interaction. • Outdoor events will be planned for the fall semester following all necessary guidelines. Alternative

virtual plans will also be planned for these events.

Housing and Residence Life: Occupancy:

• 4592 of the 4752 spaces in residential housing are either a single unit or a single suite/apartment where the person has their own bedroom. All these units will be assigned as usual with one person per bedroom.

• The capacity for the remaining 160 spaces will be adjusted to be single bedroom occupancy o 40 of these spaces will be kept offline for University quarantine/self-isolation needs

• The additional 120 spaces will be offered at the standard cost of a 4-bedroom single in North Lake Village (unless occupant was contracted at the lesser 2-bedroom quad rate, in which case the rate will be the 2-bedroom quad rate)

• 64 Units in South Village are a single person occupancy (studios or 1-bedroom privates) o These rooms will be held for assignment and reserved for ADA or medical needs


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o A procedure will be setup with the assistance from Student Health Services and Adaptive Services to offer these spaces to residents who have a medical condition that may put them at an additional risk to COVID-19

Housing Move-in Process: South Village:

• In order to enhance physical distancing, South Village is recommending shifting from a 4 day move-in process to a 6 day move-in process (Vast majority will occur over 4 days instead of 2)

• Shifts will be done in groupings of no more than 40 people per building at a time (building occupancy is 400-530)

North Lake Village / West Lake Village:

• Check-in can occur on a normal schedule. Each building is separate and no building has a capacity that exceeds 48 people. Also, there are no elevators (except for 2 buildings), only open stairwells

o Other check-in provisions: All patrons will be encouraged to wear masks in common areas Only residents will be allowed in check-in lines Check-in stations will be equipped with cleaning supplies and spaced to increase

physical distancing Elevators will only allow one family at a time All common areas will be locked except for public restrooms and laundry rooms Volunteers will be restricted to FGCU community members Check-in procedures will limit touch points and where possible, technology will

be used in its place. Students will be able to initially check-in via swiping ID card and key cards will be completed in advance of arrival

Meetings/Events: • Meetings will take place in public meeting spaces where physical distancing guidelines can be

met. • Will utilize MS Teams and Zoom for meetings where needed. • Larger events will be shifted to outdoor locations. New guidelines will be imposed utilizing the

following: o Food served and giveaways will be individually packaged o Drinks will also be individually packaged, or self-serve o Indoor events will be held in common spaces where physical distancing guidelines can

be met Student Health Services:

• Office hours will remain limited with all sick appointments triaged via TeleConsult with APRN to prevent potential exposure. Hours will be expanded to meet demand as campus resumes normal operations.

• Students needing COVID-19 testing will be sent a prescription by email to a local healthcare provider. Once negative results are confirmed, the student can schedule in person appointment at student health.


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• Screening over the phone and upon arrival to Student Health will continue. Additionally, all students will be required to wear a mask at all times while in Student Health Services.

• Provisions will be made to reduce seating in public areas: o Waiting Area / Lobby – capacity will be reduced to 50% o Check out seating – capacity will be reduced to 50% o Two check-out windows will be utilized, one for sick patients and one for well, to reduce

exposure o Appointment capacity will be determined based on current health guidelines.

Additional time will be required for: Additional screening procedures Additional cleaning between patients and changing of PPE by staff Increase time for in-house testing of flu, strep, and other tests normally

conducted. • Tele-consultations will continue until further notice • Nutrition visits will continue virtually until further notice • Medication – students will be provided the option to collect medication without entering

Student Health Services • Meetings / Events

o STI testing will be suspended inside Student Health Services until further notice. Testing will be made available outside the facility on a weekly basis.

o Medical support groups will meet weekly via Zoom o Flu clinics will continue via an outside vendor only o Dental services will resume in September with new restrictions

Campus Life: • Continue Care resources and assistance remotely. • Assist with the University wide major marketing campaign regarding health, respect, and safety. • Develop plan for weeks of welcome programs that include virtual options to abide by current

gathering and social distancing guidelines. • Provisions will be made to reduce seating in public areas:

o Waiting Area / Lobby – capacity will be reduced to 50% o Fishbowl, MLD Center and other public spaces will reopen with reduced capacity to

allow for necessary physical distancing guidelines o Fraternity and Sorority Life recruitment will take place in the fall semester over an

extended time period to allow for physical distancing guidelines along with any room capacity restrictions. Some activities will be moved to outdoors

o Student Leadership meetings will be held where physical distancing guidelines can be followed. Increase use of virtual resources like MS Teams and Zoom will be used to help support these guidelines

o Tabling events will be done allowing for safe distancing, and minimizing hands interaction

o Outdoor events will be planned for the fall semester following all necessary guidelines. Alternative virtual plans will also be planned for these events

o Conduct and care meetings will provide alternatives to be done via Zoom where requested


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CAMPUS EDUCATIONAL STRATEGY: Mandatory Training: FGCU will require all students, faculty, and staff to complete a brief mandatory training to inform them of the COVID-19 health and safety practices. The training will be conducted online by accessing a video or similar learning platform that can be accessed easily by students, faculty, and staff.

Completion of the video training must be completed by August 29th, the end of second week of the semester.

COVID-19 Communication Plan: The Public Information Group of the Emergency Advisory Council will provide accurate and timely communications on FGCU decisions and actions regarding COVID-19.

• Communications will be designed to inform, educate, direct, support, and connect internal constituents including students, parents, faculty, staff, alumni, vendors, and campus visitors, as well as external constituents including the general public and media.

• In conjunction with the Division of Student Success and Enrollment Management, and the Office of Human Resources, the Public Information Group will identify opportunities and develop communications that connect the campus community while its members are remotely dispersed.

• Generating and placing positive FGCU/COVID-19 stories of people and activities will be further expanded, with outreach to traditional and social media as well as internal and external audiences. Existing public information activities, such as President Martin’s regular video updates, will continue, and will be complemented by other campus community members’ participation.

• A public education campaign on FGCU’s safety and health rules on COVID-19 will be developed and launched for the above referenced internal and external constituents. In addition to the educational component, a thematic “family” of signage, stickers, and other such materials will be developed and installed across the campus for clear, current, and consistent direction on mask wearing, social distancing spacing, and occupancy rates allowed in facilities, in accordance with CDC guidelines.

Types of Communications: • Public information and direction on the health, safety and welfare of the physical community, and

the campus community of students, faculty and staff; • Announcements about changes to campus operations and academic coursework delivery; • Guidance and support for employees including work location, assignments, training, professional

development, staffing adjustments to meet fiscal needs, etc.; • Fiscal information and related directed actions, including the current hiring, travel and purchasing

freezes; • Opportunities and support for students, faculty and staff who may be displaced from their usual

responsibilities and activities, including such things as the employee Talent Share Program, and virtual commencement ceremony; and

• Campus-wide educational campaign to provide direction regarding mask wearing, social distance spacing, and facility occupancy rates.


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Methods of Communications: Communication regarding recommended health and safety practices as well as the types of communications mentioned above will be repeated through a number of communication channels including signage, email/text messaging, University websites, social media channels, publications, sanitation stations and other means available to FGCU.

SCREENING, COVID-19 VIRUS TESTING, AND CONTACT TRACING A robust COVID-19 risk assessment and screening program in conjunction with a continued partnership with the local Florida Department of Health will assure that prevention and containment strategies are implemented effectively and efficiently. An effective surveillance and containment strategy for COVID-19 includes education, screening, testing, contact tracing, and isolation measures. FGCU has partnered with the Florida Department of Health, LeeHealth, NCH, and NeoGenomics Laboratories to determine the most relevant implementation strategies for FGCU. Screening: A screening app with CDC recommended questions will be provided to students, faculty, and staff to check their health status each day. Students who note symptoms will be referred to Student Health Services for further screening and employees will be referred to Human Resources and their private healthcare provider. Temperature screening solutions performed on a random basis are also being considered.

Testing: FGCU will implement a testing program based on a controlled phased return to campus of employees and students. The testing protocol will be based on test availability, current scientific guidance from reputable resources, as well as internal and external resources available to perform collection, processing, and administration of the testing program. Symptomatic testing will continue on campus as it has since the onset of the pandemic. Those showing symptoms associated with COVID-19 will be directed to self-isolate and be referred for COVID-19 testing. The required screening process will continue to identify and prioritize symptomatic individuals who warrant COVID-19 testing throughout the semester. Asymptomatic testing will be offered to students, faculty, and staff as they return to campus. FGCU faculty and staff may obtain a COVID-19 test or antibody test through the state insurance plans at no charge. Students may receive a COVID-19 test prior to return to campus through their private insurance, Florida Department of Health, state mobile testing sites, or through an FGCU program to be established with FGCU healthcare partners. There are some students, faculty, and staff who may require COVID-19 tests based on current CDC guidelines, NCAA compliance, or due to requirements of clinical and practicums.


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Those students who test positive will be asked to quarantine at home prior to coming to campus. A negative test result will be provided to Student Health Services prior to return to campus. For those who are unable to test prior to arriving on campus, FGCU will have an option to test during the first two weeks of the semester. If a 14-day self-isolation and monitoring, continues to be required for those who have had close contact with a COVID-19 patient, those coming from international locations, or areas with high community spread, FGCU may request a negative test result upon completion of the 14-day isolation period. Contact Tracing Local Healthcare Partners: According to Florida Statute, the Florida Department of Health retains authority for contract tracing. FGCU will continue to work closely with the Florida Department of Health to implement best practices on campus. The FDOH will assign two liaisons to FGCU to assist with contact tracing and containment strategies on campus. Additionally, FGCU will establish a COVID-19 Risk Assessment Team to regularly monitor the status of the campus health environment using defined metrics, enabling campus leaders and the FDOH to quickly respond to noted increases in symptoms, and confirmed COVID-19 cases. Two of the team members will be named as liaisons to work with FDOH. This partnership allows both FGCU and the Florida Department of Health to rapidly respond to identified areas of concern on the campus. The Risk Assessment Team will regularly inform the Coronavirus Task Force and the Emergency Advisory Council of symptomatic trends, hot spots, COVID-19 confirmed cases, and advise regarding appropriate containment and preventive measures. LeeHealth, NCH , and Neogenomics will continue to advise FGCU regarding the latest developments in testing resources, application of results, and other medical and scientific information to best inform plans for the fall semester.

Quarantine and Isolation:

Based on CDC and Florida Department of Health guidelines, there are four distinct groups that are required to isolate or quarantine for 14 days or until a negative test result is produced. They are:

COVID-19 positive patients Symptomatic patients awaiting COVID-19 test results Isolation for those who have been in close contact with a COVID-19 person Isolation for those who have traveled internationally, returned from a cruise, or

are arriving from a location with high community spread. This may include other conditions as identified by the CDC, Department of state, FDOH or other governing body.


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FGCU will encourage faculty, staff, and students to isolate off campus. The Office of Housing and Residence Life will provide quarantine and isolation areas for students who do not have alternate locations off campus. COVID-19 patients will be asked to quarantine for 14 days and return to campus upon a negative test result.

Quarantine/Isolation Procedures: FGCU understands that students isolating in campus housing may require wrap around services to recover quickly and maintain academic studies. Isolation and quarantine rooms will be stocked with thermometers, wipes, hand sanitizer, and toilet paper. Food delivery services will be arranged for students who are on a university meal plan. Additional food, cleaning, medication, and other services will be determined on a case-by-case basis related to severity of illness and time of isolation. All staff who need to enter the isolation rooms will be trained on appropriate PPE guidelines. Student check-out procedures will be established to ensure proper health and safety guidelines are followed. Student Health Services staff will monitor students remotely on a daily basis. Counseling and Psychological Services will also be made available for students. Access to wi-fi and technology requirements to maintain studies while under quarantine will also be assessed for each student. ACADEMIC PROGRAM DELIVERY Guiding Principles for Academic Instruction:

1. Preserve as much of the existing Fall class schedule as possible while observing public health recommendations

2. Create flexibility for students, faculty, and staff in vulnerable populations to fulfill their responsibilities while remaining safely distanced

3. Utilize campus facilities for in-class instruction wherever it can be done safely, giving priority to classes with experiential components and those where distancing can easily be done

4. Align with local guidelines for determining capacities in enclosed spaces where people remain in place for a period of time (e.g. restaurants, theatres)

5. Create variety and flexibility in instructional formats wherever possible, to allow instructors to adapt to changing circumstances as needed

Course Instruction Due to the anticipated continuation of social distancing measures and limitations on group gatherings, FGCU will use a combination of face-to-face, remote, hybrid, and hyflex instruction modalities to provide quality instruction for students while reducing the number of students on campus and in the classroom


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setting. Courses will remain in their currently scheduled location and time period to allow for maximum flexibility based on the possibility of changing conditions throughout the semester.

The four possible scenarios for social distancing and classroom capacity include:

o 100% remote instruction o 50% classroom occupancy – mixed types of instruction o 25% classroom occupancy – mixed types of instruction o Normal fall schedule of classes

FGCU intends for 50% of all courses to be offered in a face-to-face format with priority being given to undergraduate classes that:

• Heavily rely on practice and/or “high-touch” experiential learning, such as labs, studios, clinicals • Are mainly taken by new FGCU students, particularly incoming freshmen • Are senior seminars or capstone experiences

Flexibility will be important during the fall semester as schedules and delivery modes may need to be adjusted in reaction of the evolving health conditions on campus and in the SW Florida area. All courses will prepare for the possibility of 100% remote instruction in asynchronous or synchronous formats so that professors may adjust more easily if conditions so dictate. Student Learning Experience: The FGCU remote instruction plan takes into account both the student learning experience as well as the institutional delivery of courses. Staples of the fall semester will include essentials such as lecture capture closed captioning, online collaboration for students, student interaction with Canvas, and other technologies unique to each discipline. Student assistants will be trained to support professors teaching with web conferencing technology in remote and/or hyflex formats to allow the professor to focus more on delivery of the curriculum and less on the operation of web conferencing technology. This will also provide a more natural experience for students taking the course and encourage classroom interaction which is so vital to the learning process. Procedures for internships, clinicals, and other field, laboratory and studio experiences will undergo continuous evaluation to weigh the benefits of experiential learning delivery methods with maintaining a healthy environment. Research: University research will continue under guidelines issued by the University for the health and safety of campus. Student Minimum Technology Requirements: Student technology requirements will be communicated to students in the course catalogue listing in Banner as well as in each course syllabus.


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Communication will be provided to incoming students and their parents, particularly freshmen during summer Orientation. This information will also be featured prominently on student centered web pages such as https://www.fgcu.edu/online/studentresources/technolgyrequirements Student minimum technology requirements are outlined in Appendix C. Technology Training for Students:

High school students have been exposed to and used a variety of online instruction during the spring semester of 2020. However, the University demands combined with new technology may be intimidating and a significant learning curve for some students. Training will be provided to best position students to utilize instructional technology for learning, and engage in the classroom experience, peer interaction, and communication with their professor.

Training for students on Microsoft Teams and AppsAnywhere will begin on June 15 and will be delivered using on demand video. Students will be enrolled into the FGCU Orientation to Online Course Success, a self-paced orientation in Canvas, and have access to the Canvas Student Demonstration Course. Faculty Technology Training: Technology refinements combined with faculty and staff training are designed to leverage available technology to produce quality remote work and remote/online instruction. Faculty technology training and support by ITS and Digital Learning includes:

o Canvas (Intro and Intermediate) – Register at https://bit.ly/2AtJft9 o Canvas Conferences – https://www.fgcu.edu/digitallearning/canvas#Conferences o Lecture Capture in the Classroom – o Kaltura for lecture recording and upload to Canvas – Register at https://bit.ly/2AtJft9 o Respondus products (Test Generator, Lockdown Browser and Monitor)

https://www.fgcu.edu/digitallearning/respondusCheckbox Survey Tool – Request training from http://survey.fgcu.edu/checkbox-training-request.aspx

o Microsoft Teams – o Apps Anywhere – video tutorial in Canvas https://fgcu.instructure.com/courses/517382

Support with development and teaching of courses is provided by Digital Learning and the Lucas Center. Included in the professional development offerings are:

o One-on-One Consultation with your Instructional Designer – https://www.fgcu.edu/digitallearning/#ContactYourInstructionalDesigner

o Online Learning Academy – Register at https://bit.ly/2AtJft9 o Hybrid Teaching Academy – Register at https://bit.ly/2AtJft9 o Remote Teaching Academy – Register at https://bit.ly/2AtJft9


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https://bit.ly/2AtJft9

https://www.fgcu.edu/digitallearning/canvas#Conferences

https://www.fgcu.edu/digitallearning/respondus

https://fgcu.instructure.com/courses/517382

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o Hyflex/Simultaneous Teaching Academy – Register at https://bit.ly/2AtJft9 o Preparing to Teach Remotely – Register at https://bit.ly/2AtJft9 o Course Design Academy o Weekly Professional Development Video Conversations o New Faculty Academy

Academic Space Plan:

Classroom and Lab Capacity:

Classrooms, Labs, Computer Labs, and Multipurpose Rooms have been evaluated for 25%, 50%, and 100% capacity. Fall semester capacity for all campus facilities will be determined by campus leadership based on local, state, and federal guidelines including capacities, health, and social distancing guidelines. Spaces that are not generally utilized for classes, will be considered for social distancing. This may include the use of technology to simulcast to multiple rooms or to fulfill a compliance standard or social distancing requirement.

Social Distancing: For situations that arise where social distancing of six feet or more is not available, all person should wear face coverings. This may include work in research labs under sanctioned guidelines, waiting for classrooms to become available, elevator use, passage in hallways and sidewalks.


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APPENDIXES

APPENDIX A – FGCU Member List

On April 23, 2020, President Martin announced that the University’s Emergency Advisory Council (EAC) chaired by Ruth Rodrigues, was charged with developing COVID 19 plans for the fall semester. The plan integrates recommendations from the seven functional teams, noted below as well as the Coronavirus Task Force chaired by President Mike Martin.

Coronavirus Task Force Dr. Mike Martin University President

Dr. James Llorens Interim Provost Susan Evans VP and Chief of Staff

Steve Magiera VP Admin Services & Finance Katherine "Kitty"

Green VP, Advancement

Dr. Mitch Cordova VP, Student Success & Enroll Mgmt. Vee Leonard VP & General Counsel

Dr. Mike Rollo Sr. VP, Strategy & Program Innovation Steven Moore Director, Public Safety

Ruth Rodrigues Director, Emergency Management Brian Fisher Assoc VP, Student Engagement

Cherise Schmitt Dir, Student Health Services Brian Bozza Medical Director

Mike McDonald Asst VP Acad Aff Int'l Prog Sara Stensrud Assistant VP Human Resources

Jameson Moschella Dir, Housing & Residence Life

Emergency Advisory Council Ruth Rodrigues Director, Emergency Management Chair

Human Resources Sara Stensrud Assistant VP Human Resources Team Lead

Vee Leonard VP & General Counsel Toni Busby Asst Dir, EE Relations / Engmt

Tracy Malach Manager, Benefits Corrie Bright-Kerrigan Director, Adaptive Services

Finance June Gutknecht University Controller Team Lead


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David Vazquez Asst VP, University Budgets Maryan Egan Director, Procurement Services

Joe McDonald Jr Assoc VP, Admin Svcs & Finance Academic

Dr. Michael McDonald Asst VP Acad Aff Int'l Prog Team Lead Dr. Chuck Lindsey Dean/Assoc Professor Team Lead

Danielle Rosenthal Head Library UX & Technology David Jaeger Dir, Instructional Technology

Dr. Annemarie Connor Assistant Professor Sven Hahues Sr Dir, Infrastructure & Ops

Dr. Jamie MacDonald Professor/Faculty Senate President Facilities

Eric Balmer Director, Campus Reservations Team Lead Michael Miller Associate Athletics Director

Rhonda Holtzclaw Dir, Environ Health & Safety Amy Swingle Director, Campus Recreation

Jeremy Brown Assoc Dean, Library Services Antoinette Biffar Business Manager I

Tom Mayo Director, Facilities Planning Jim Hehl Asst VP, Physical Plant

Joe McDonald Assoc VP, Admin Svcs & Finance Public Information

Susan Evans VP & Chief of Staff Team Lead Kyle McCurry Dir, Media & Public Relations

Jeffrey Garner Asst VP, Mktg and Comm Deborah Wiltrout Assoc VP Mktg & Communications

Monique McKay University Ombuds Student

Brian Fisher Assoc VP, Student Engagement Team Lead Dr Jon Brunner Sr Dir, Coun & Wellness Srvcs

Jameson Moschella Dir, Housing & Residence Life Cherise Schmitt Dir, Student Health Services

Amy Swingle Director, Campus Recreation Andy Cinoman Assoc VP, Academic Engagement

Lisa Johnson Assoc VP, Enrollment Managemnt

Technology Mary Banks Associate VP & CIO Team Lead

Ann Rose Assoc Director, Technology Luis Ceron Assoc Dir, Research & Tech

Dr David Jaeger Dir, Instructional Technology


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Sven Hahues Sr Dir, Infrastructure & Ops Jonathan Corliss Dir, Business Applications

Tim Shannon Asst Dir, Univ Help Desk Testing

Michael Estes Sr Assoc Athletics Director Team Lead Dr. Mitch Cordova VP, Student Success & Enroll Mgmt.

Ruth Rodrigues Director, Emergency Management

Cherise Schmitt Dir, Student Health Services Brian Bozza Medical Director

Dr. Ann Cary Dean/Professor, Marieb College Health & Human Services

Dr. Scott Michael Professor, Biology


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APPENDIX B – Faculty/Staff Remote Work Access Guidelines Who: The guidelines specified in this document apply to all University employees (faculty, staff, and persons-of-interest) that require access to network resources and/or data from Florida Gulf Coast University premises. This includes but is not limited to employees working remotely or from home. Purpose: The purpose of this document is to formalize the FGCU’s approach to remote access (including work from home) in ways that promote effective access to online resources for FGCU employees while also ensuring necessary information security. This guideline describes the supported approaches to connectivity, data storage, collaboration, and more. Also, included is a remote access self-assessment checklist to help you identify the IT requirements based on the FGCU resource you need to access (see appendix 1). Appendix 2 lists the IT hardware and software supported requirements for remote access. Content: 1. Connectivity (connect to FGCU resources remotely): There are several supported ways to connect and access FGCU resources and data from off campus locations. The method used to connect depends which FGCU resources and data you are accessing. For more information please check here:

1. Publicly Accessible Sites/Resources via a web browser can be accessed from a personally owned device (POD) connected to the internet through a web browser. This includes but is not limited to Canvas, Gulfline, and Email. 2. Internal Resources can be accessed through one of two ways. If you have any questions, please contact Information Technology Services (ITS).

a. A laptop computer provided to the user by his/her department which meets the minimum hardware requirements stated.

i. Virtual Private Network (VPN) is required to access any internal or non-publicly accessible FGCU resources and sites from off campus locations. Click here for information on how to use the VPN.

b. Utilize a personally owned device (POD) for remote access through any web browser on any device such as personally owned laptops, computers, and tablets.

i. Virtual Private Network (VPN) is required to access any internal or non-publicly accessible FGCU resources and sites from off campus locations. Click here for information on how to use the VPN.

2. Data Storage (files and documents): All FGCU related files and documents must be stored in accordance to the restricted data policy. Examples of storage includes your departmental file shares, or private share folders. This not only provides data security for those files and documents but also allows you to access those files from FGCU and when working remotely. ITS recommends you use your departmental share folder, or OneDrive for Business for non-restricted data. Click here to find out more about restricted data. 3. Collaboration Tools:


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https://www.fgcu.edu/its/staff/connectremote

https://fgcu.zendesk.com/hc/en-us/articles/360040114512-MyVPN-for-Remote-Connection




https://www2.fgcu.edu/generalcounsel/files/policies/Policy_3_042_Restricted_Data_011315_ada.pdf

https://www2.fgcu.edu/generalcounsel/files/policies/Policy_3_042_Restricted_Data_011315_ada.pdf

https://www.fgcu.edu/its/staff/restricteddata

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Office 365 offers several collaboration tools to help you collaborate on documents, spreadsheets, and presentations with other people. Use the Office365 collaboration tools such as Teams and OneDrive to collaborate with others.

1. Microsoft Teams is a unified communication and collaboration platform that combines persistent workplace chat, video meetings, and file storage (including collaboration on files). Teams is a great way to collaborate with coworkers, committee members, and employees in other departments. For more information on how to use Teams for collaboration click here. 2. OneDrive is a place to store files and share files. You can collaborate on files shared in OneDrive with those you shared the files with. Click here for information on how to share files with OneDrive.

4. Video/Audio Conferencing: Host and participate in meetings while working remotely with Microsoft Teams, the supported video conferencing tools.

1. Microsoft Teams can be used for video and audio conferences. It can be used on mobile devices, desktops, and laptops. Click here to learn how to make video and audio calls with Teams. 2. Audio Conferencing allows users to initiate a conference call. To set up an audio conference, please contact ITS and we will help you schedule a conference call. 3. Canvas Conferences is available for synchronous and asynchronous instruction. To use this, simply log into Canvas, and click on the Conferences link. For more information please click here.

5. Telephony (FGCU Office phone number): When working remotely there are a couple of ways to stay up to date with calls being placed to your FGCU office phone number.

1. FGCU office phone numbers can be forwarded to a personal mobile phone or landline. Click here for instructions on how to forward your office phone number. 2. If your phone number has voicemail capabilities, you can listen to voice messages as they are delivered to your FGCU email. Click here for more information on available voicemail features.

6. Support: All the services listed above are supported by Information Technology Services. For assistance with any of the items call the University Help Desk at 239-590-1188 or email us at [email protected] Glossary Virtual Private Network (VPN): FGCU’s Virtual Private Network (VPN) provides safe and private access to the University’s network while off campus. This is useful if you are not on campus and need access to University resources. Personally, Owned Device (POD): A computer or mobile device not procured or issued to an employee through FGCU. Personally, owned includes that are fully owned by the employee. Two-Factor Authentication (2FA): 2FA increases the safety of your account by requiring an additional layer of security that helps minimize the risk of comprised credentials caused by phishing, social engineering, and password attacks. Increased security measures on your account by requiring two steps to log in to your FGCU services: something you know (your password) and something you have (a physical device, like your smartphone). To enroll or manage your 2FA settings please visit the DUO enrollment page here. Sensitive Data: Information that in isolation may not present any specific risk to the confidentiality, integrity or availability of university operations, resources, or constituents but if combined with other data could represent inappropriate risk. Restricted Data: Information that if lost, disclosed, or inappropriately modified could cause significant impact to the confidentiality, integrity, availability of university operations, resources or constituent.


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https://www.fgcu.edu/its/teams

https://fgcu.zendesk.com/hc/en-us/articles/360041021491





https://fgcu.zendesk.com/hc/en-us/articles/360042615911-Voicemail-Guide


https://www.fgcu.edu/its/2fa/duomanage

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Web Based: These are resources which are accessible via a web browser through an internet connection from anywhere. Internal Resources: These are resources which are only available when on campus connected to the FGCU network or via VPN. These are not publicly accessible resources. Collaboration Tools: Tools that help a group of people collaborate on documents, projects, tasks, etc. OneDrive: Personal storage to allow storing of non-restricted data in FGCU's O365 cloud environment. This is available to all FGCU staff/faculty and students. It is accessible via web browser (Visit https://www.fgcu.edu/email) and via the OneDrive client app. OneDrive offers users a simple way to store, sync and share various types of files, with other people and devices on the internet. Microsoft Teams: Available to all FGCU personnel via the University's O365 environment and is accessible via web browser and via the Teams client app. Microsoft Teams supports IM conversation, sharing of documents with colleagues and group collaboration tools including online meetings and video chats for up to 250 simultaneous participants. Audio Conferencing: Audio conferencing, allowing users to initiate a conference call. Call Forwarding: A telephony feature to redirect a telephone call to another destination, such as your mobile phone.


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Faculty/staff work from home technical requirements In order to effectively work from home, staff/faculty attempting to do so should have a minimum set of technology in order to do so effectively. This technology may be supplied by each department or may consist of personally owned devices. Recommendations Each person wishing to work from home should follow these guidelines for an understanding of what may be required to work from home. Specifications These are minimum specifications that should be considered. Higher specifications will provide a better experience.

• Laptop using current generation Intel Core Series (i3, i5, i7, i9) or AMD Ryzen equivalent processor • Memory: 8GB RAM • Storage: 256GB hard drive • Docking station for the laptop • 21” or larger monitor • Web cam, microphone, and speakers • Wireless internet (WiFi) • Windows 10 or Mac OS X • High speed Internet access (minimum 10-25mbps download speed)

Additional Recommendations • Consider buying a keyboard cover for use with your own computer in case you bring it to public areas, or are using a public computer in a lab • FGCU does not support tablet devices, mobile phones, or Chromebook devices as primary work from home devices • Faculty – check if you have specific requirements for software that you are using to teach your curriculum

Other Resources: • FGCU provides students, staff and faculty a free copy of Microsoft Office. For more information on how to obtain this, please visit: • ITS has a list of standard configurations that can be used for working at home and at the office. More information: https://www.fgcu.edu/its/staff/computerconfigurations


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https://www.fgcu.edu/its/staff/computerconfigurations

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APPENDIX C – Student Minimum Technical Requirements Student Computing Requirements

*Please note: Individual colleges may have their own computing requirements. Please talk to your college to see if your college has additional requirements.  Access to and on-going use of a computer is required for all students. Florida Gulf Coast University recommends each student entering a program, to acquire computer hardware and software appropriate to his or her degree program. Competency in the basic use of a computer is required. Coursework will require use of a computer and a broadband connection to the internet, academic advising and registration can be done by computer, official university correspondence is often sent via e-mail and other services are provided that require access through the Internet. While the university offers access to computer software through its physical and virtual computer labs, most students will be expected to own a computer. The cost of meeting this requirement may be included in financial aid considerations. Recommendations While every students’ experience is unique, the following are general recommendations to consider when purchasing a computer for your time at FGCU. Specifications These are minimum specifications that should be considered. Higher specifications will provide a better experience.

• Processor: Current generation Intel Core Series (i3, i5, i7, i9) or AMD Ryzen equivalent • Memory: 8GB RAM • Storage: 256GB hard drive • Web cam, microphone, and speakers • Wireless internet (WiFi) • Windows 10 or Mac OS X • High speed Internet access at home • Please talk to your college to see if your college has additional requirements.

Additional Recommendations • Consider buying a keyboard cover for use with your own computer in case you bring it to public areas, or are using a public computer in a lab • FGCU does not recommend students rely on tablet devices, mobile phones, or Chromebook devices as their primary computer. • Consider purchasing an extended warranty and accidental damage protection for the duration of your academic pursuits. • Some academic programs may require the use of Windows based applications. If purchasing an Apple computer, ensure you have at least 64GB of free space. More information can be found at https://support.apple.com/en-us/HT201468

Other Resources: • FGCU provides students, staff and faculty a free copy of Microsoft Office. For more information on how to obtain this, please visit:


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https://support.apple.com/en-us/HT201468

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• Students/staff and faculty may obtain software and hardware from vendors at a discounted rate

o Dell student page - https://www.dell.com/en-us/member/shop/delluniversity/cp/delluniversity o Microsoft student - https://www.microsoft.com/en-us/store/b/education o Apple student - https://www.apple.com/us-hed/shop

• The university provides access to many applications via AppsAnywhere. For more information please visit: https://www.fgcu.edu/its/appsanywhere/


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https://www.dell.com/en-us/member/shop/delluniversity/cp/delluniversity

https://www.dell.com/en-us/member/shop/delluniversity/cp/delluniversity

https://www.microsoft.com/en-us/store/b/education

https://www.apple.com/us-hed/shop

https://www.fgcu.edu/its/appsanywhere/

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APPENDIX D – Request Remote Instruction Accommodation Process for Faculty to Request Remote Instruction Accommodation

Requests from faculty to convert their Fall 2020 teaching assignments to remote instruction will be reviewed using the following criteria, which are based on the provisions of the Families First Coronavirus Response Act (FFCRA).

- Faculty with high-risk factors o Age (65+ as defined by the CDC) o Health Condition (immune deficiencies)

- Faculty who are pregnant - Faculty living with high-risk family members - Faculty caring for family members who are high-risk - Faculty with childcare issues

To request an amended teaching assignment for Fall 2020:

Step 1: Contact the HR Benefits Team to make a request for remote instruction. HR will advise the faculty member on needed documentation, based on the reason for the request. Questions HR will ask:

1. Reason for request a. If medical condition for self or family member, will request medical documentation from

the Faculty member b. If childcare issues, will request proof of child’s age c. If general safety concerns, will counsel that all precautions are being taken and not a

qualified reason to instruct remotely

Step 2: HR will ask Faculty member to complete the Request for Remote Instruction form and return it along with supporting documentation to HR for review.

Phase 1 – Request is complete, reasonable and within scope. Move to Step 3.

Phase 2 – Request is incomplete, unique and/or outside scope. Seek additional details from faculty member and/or consult with Adaptive Services if necessary before moving to Step 3.

Step 3: Applications will be consolidated and sent to Dr. Llorens and Dr. Barringer for review and decision. The Benefits Team will strongly encourage the faculty member to inform their Chair and/or Supervisor of the request if they haven’t already done so. The Benefits Team will send a courtesy email to the Chair and/or Supervisor of the faculty member informing them of the pending request.

Step 4: Faculty member and supervisor are notified of the decision.

If FGCU is not able to accommodate remote instruction, leave options will be discussed with Faculty member. If Faculty member does not qualify under FFCRA, Faculty member will be eligible to use leave accrual and/or leave without pay. If it is leave without pay, the Faculty member will be required to submit payment for state and FGCU sponsored benefits/insurance.


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Under the FFCRA, an employee is entitled to take leave related to COVID-19 if the employee is unable to work, including unable to telework, because the employee:

1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. 2. has been advised by a health care provider to self-quarantine related to COVID-19. 3. is experiencing COVID-19 symptoms and is seeking medical diagnosis 4. is caring for an individual subject to an order described in (1) or self-quarantine as described in (2). 5. is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to COVID-19 related reasons; or 6. is experiencing any other substantially-similar condition specified by the U.S. Department of Health and Human Services.

Sample email to Department Chair/Supervisor: This email serves as notification that Dr. ______________ submitted a request for remote instruction for Course # Section # for the Fall 2020 Semester. This request is currently under review with the Provost Office. We anticipate a decision within 2 weeks. If you have any information you’d like to share regarding this request, please feel free to do so. Please feel free to contact us if you have any questions or would like to discuss. Thanks,


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Request for Remote Instruction—Fall 2020

Date: _______________________ University ID: _________________

Faculty Member Name: ___________________________________________

College / Department Name: _______________________________________

Reason for Request: _______________________________________________

Please attach documentation to support this request

Ability to teach course online: _______________________________________

Please specify any needs for assistance and/or enhanced technology for remote instruction:

_________________________________________________________________________

For Faculty who use instructional assistants or other student workers, please state how they will be utilized in this format: ______________________________________________________________

___________________________________________________________________________

Please indicate information related to the course for this request:

Course Number(s)

Section Number Title Credit Hours

_______________________________________________ _________________ Faculty Member Signature Date Requests for remote instruction beyond the Fall 2020 Semester will be evaluated at a future date. Return form with documentation to Human Resources at [email protected] with supporting documentation no later than July 1, 2020.


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APPENDIX E – PHASED RETURN OF CAMPUS EMPLOYEES

PHASED RETURN OF CAMPUS EMPLOYEES PROPOSAL 5.25.20

Proposed phase dates and actions are dependent on CDC and FDOH guidelines and applicable governing bodies orders and guidance at the time. FGCU will also consider COVID-19 community spread for SW Florida, the state of Florida, and other communities of interest to FGCU.

Phase 1 – June 15th 25 – 30% of staff return to campus Support Considerations:

• Face coverings available for employees • PPE Kits available for departments • Physical Plant can identify departments with increased cleaning needs • Faculty/Staff technology training begins – predominantly remote • Little Eagles Learning Center opens at reduced capacity (up to 50%)

Phase 2 – July 6th 40 - 70% of staff return to campus Support Considerations:

• Remote work guidelines approved and communicated to supervisors • Accommodations for vulnerable persons clearly outlined • Increased cleaning and sanitation levels supported • Surface wipes and hand sanitation stations in areas needed – limited based on population of

buildings and use of common spaces • Physical barriers in place for receptions areas that need them • Room capacity and social distancing guidelines for meetings clearly communicated and posted

in rooms. • Faculty/staff technology training continues – predominantly remote. In-person training may

commence per room capacity and social distancing guidelines. • Little Eagles Learning Center opens at reduced capacity (up to 50%)

Phase 3 – July 27th 70 - 100% of staff return to campus

• Limited dining available • Increased Physical Plant cleaning and sanitation in department and common areas • Surface wipes and hand sanitation stations in areas of increased need • Student leaders may begin training on campus (perhaps 30% limit)

Phase 4 – August 3rd 100% employee return to campus.

• Limited student integration begins on campus • Student training begins on campus – based on anticipated population, student employment will

be reduced on campus. • Housing may choose for students to move in earlier with special conditions. For example:

International students or others who may need to quarantine on arrival with no other options for housing.


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ITEM: __3__


SUBJECT: Minutes of May 5, 2020 Conference Call Meeting


Approve minutes

BACKGROUND INFORMATION The Florida Gulf Coast University Board of Trustees met via conference call on May 5, 2020. Minutes of the meeting were kept as statutorily required.

Supporting Documentation Included: Minutes of May 5, 2020 Conference Call Meeting Prepared by: Transcription Experts and Assistant Director of Board Operations Tiffany Tramontozzi Legal Review: N/A Submitted by: Vice President and Chief of Staff Susan Evans


48

1

FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES 1

2

CONFERENCE CALL MEETING 3

4

Tuesday, May 5, 2020 5

6

7

Florida Gulf Coast University 8

_____________________________________________________________________ 9

Meeting Minutes 10

11

Members: 12

Present (by phone): Trustee Blake Gable – Chair; Trustee Stephen Smith – Vice Chair; 13

Trustee Ashley Coone; Trustee Darleen Cors; Trustee Richard Eide, Jr.; Trustee 14

Joseph Fogg III; Trustee Jacob Goldman; Trustee James MacDonald; Trustee Leo 15

Montgomery; Trustee Edward Morton; Trustee Kevin Price; Trustee Jaye Semrod; and 16

Trustee Kenneth Smith. 17

18

Others: 19

Staff (by phone): President Mike Martin; Provost and Vice President for Academic 20

Affairs James Llorens; Vice President for Administrative Services and Finance, and 21

Executive Director of FGCU Financing Corporation Steve Magiera; Vice President and 22

Chief of Staff Susan Evans; Vice President and General Counsel Vee Leonard; Vice 23

President for Student Success & Enrollment Management Mitchell Cordova; Vice 24

President for University Advancement and Executive Director of FGCU Foundation Kitty 25

Green; Senior Vice President for Strategy and Program Innovation Mike Rollo; Director 26

of Internal Audit Bill Foster; Director of Equity, Ethics, and Compliance, and Title IX 27

Coordinator Precious Gunter; Director of Operations Tiffany Reynolds; Assistant 28

Director of Board Operations Tiffany Jackson; Project Manager Melissa Pind; and 29

Executive Assistant to the Vice President and Chief of Staff Bruna Ugolotti. 30

31

NOTE – At the direction of the Chair and with the concurrence of the Board, some 32

agenda items were taken out of order. The minutes reflect the actual order of the 33

proceedings. The numbering of agenda items reflects revisions to the original 34

agenda. 35

36

Item 1: Call to Order, Roll Call, Opening Remarks, and Welcome to New Trustee 37

(and Student Government President) Jacob Goldman 38

Chair Blake Gable called the meeting to order at 9 a.m. He welcomed all Trustees and 39

noted due to COVID-19 and social distancing requirements, the following for the record: 40

41

• The meeting was duly noticed in accordance with the Board’s Bylaws. 42

• The original agenda was revised as indicated in the meeting notice. 43

• All participants were calling in to the meeting. 44

• Public access was provided through a noticed web link for audio access; and 45


49

2

• The meeting notice directed any public comment on an agenda item to be 46

emailed to Vice President and Chief of Staff Susan Evans by 5 p.m. on Friday, 47

May 1. Public comment will be read into the record prior to the vote, and the 48

three-minute time limit on public speaking will apply. 49

50

Chair Gable asked Ms. Evans to call the roll. Roll call was taken with all Trustees 51

participating, thus meeting quorum requirements. Ms. Evans noted that no public 52

comments had been submitted for the meeting. 53

54

Chair Gable welcomed newly elected Student Government President Jacob Goldman 55

as a new Trustee to the FGCU Board of Trustees (BOT). Trustee Goldman thanked 56

Board members for their welcome and said he was excited to be working on the Board 57

for the next year. Chair Gable congratulated Trustee Goldman, and said the Board 58

looks forward to meeting him in person at a future meeting. 59

60

61

Item 2: Report on COVID-19 and FGCU 62

Chair Gable said today’s agenda would begin with an update on COVID-19 and FGCU. 63

He indicated President Martin and his staff have done an excellent job working through 64

these unprecedented times. 65

66

President Mike Martin stated FGCU had coped well with the pandemic issues to date 67

and was positioned reasonably well for whatever came next. He indicated FGCU was 68

focusing on four principles: 69

70

• Protect the health, safety and well-being of FGCU students, faculty, staff, and 71

community; 72

• Ensure delivery of high-quality coursework/programs which lead to high-quality 73

degrees; 74

• Sustain FGCU’s core superstructure and infrastructure; and 75

• Minimize the possibility of layoffs, furloughs, program eliminations, or other 76

serious displacements. 77

78

President Martin indicated in addition to the four principles, FGCU also tried to be a 79

good partner with other agencies in the region to assist in any way possible. He stated 80

FGCU assembled a Coronavirus Response Team with regular meetings and continuing 81

to address issues arising regarding COVID-19. He said efforts were being made to 82

ensure students, faculty, staff, and the community stayed connected. He indicated 83

there had been 54 COVID-19 updates presented thus far on the FGCU website, 5 video 84

updates, and various email communications and social media communications, as well 85

as traditional media communications. He stated FGCU had only four cases of COVID-86

19, and none of these were contracted while on campus. He indicated of the four 87

cases, three were students and one was an employee. He stated in a couple of these 88

cases, students came to campus and were tested positive for COVID-19 later on; in 89 each of these instances FGCU closed and sanitized the building each student had been 90


50

3

in. He said contact tracing for each of the students had been done to track possible 91

exposure and to date there was none. 92

93

President Martin stated that early on FGCU decided to freeze all hiring and travel, and 94

make only the most essential purchases. He noted refunds were issued for students 95

who lived in residence halls and were on meal plans during the spring semester: $4.25 96

million was returned to students for housing and $1.17 million for meal plans. He 97

indicated he believed the second installment of the Federal CARES Act would allow 98

FGCU to be reimbursed for this loss. He explained the first installment of the CARES 99

Act was $5.5 million earmarked to go to students; this was being processed by the 100

Office of Financial Aid & Scholarships to help students in need of assistance as a result 101

of COVID-19. 102

103

President Martin indicated a plan was developed to maintain jobs, as much as possible. 104

He said to date FGCU was able to keep both the essential personnel on campus and 105

essential personnel who could work from home, fully employed. He noted a talent 106

sharing pool had been created for temporary reassignment of employees. He noted 107

FGCU may come to a point where some layoffs would be essential. He stated he 108

hoped this would not be the case but, if so, the layoffs would be handled as humanely 109

as possible. He noted FGCU may need to consider salary reductions, but at this point 110

he believed FGCU was in good condition and could weather the storm. 111

112

President Martin stated summer enrollment was up, particularly with transfer students; 113

therefore, tuition revenues this summer would be sound. He said that the University 114

would not receive the regular amount of revenue as would be typical for the residence 115

halls over the summer. He noted projections for the incoming freshman class for the fall 116

looked good, and were very close to the target set for traditional restart. He indicated 117

along with the Coronavirus Response Team was an Emergency Advisory Council, led 118

by Director of Emergency Management Ruth Rodrigues, consisting of several sub-119

teams planning for different scenarios for the fall semester such as: starting online and 120

converting to normal classes, starting fully as a “regular” University with some 121

constraints, etc. He said FGCU was in continual conversation with the other 11 State 122

University System (SUS) institutions and the Board of Governors (BOG). He stated he 123

believed the BOG would give broad parameters on restarting a regularly operating 124

campus; however, each university would be able to operate within its own context and 125

within its own set of challenges. He explained FGCU was different from some of the 126

other universities; for example, Florida International University (FIU) was in the heart of 127

the hottest spot with respect to COVID-19 in the state; FIU likely would need to take a 128

different approach to reopening than FGCU. He stated he hoped to be able to test (for 129

COVID-19) a large portion (if not all) of the students, faculty, staff, and others, including 130

contractors. He stated the State University System (SUS) presidents in discussions 131

with the BOG agreed to make no definitive announcements regarding fall restart until 132

July 1, while COVID-19 was being carefully monitored. He noted it was the intention of 133

FGCU to look like a “regular” university in the fall, but many conditions were beyond the 134

control of FGCU, and it would be difficult to determine until it was closer to the fall start 135 date. 136


51

4

President Martin stated FGCU would move forward soon with two construction projects: 137

Academic Building 9 (AB9) and the Entrepreneurship Building. He explained they were 138

moving forward with the buildings because the dollars associated with those projects 139

could only be spent on those projects. He reported AB9 was funded from Public 140

Education Capital Outlay (PECO) funds, which were designated by law to go to specific 141

construction projects. He noted the Entrepreneurship Building was now completely 142

funded by donors, and FGCU had exceeded donation goals this year. He stated he 143

was pleased to be able to add to FGCU’s needed space inventory while creating jobs 144

for the community with utilizing these dedicated dollars. He reported the remodeling of 145

the weight room and other spaces in Alico Arena was currently underway; these 146

remodeling projects also were completely donor funded by the Sublett family. He 147

reported the Sale Family scoreboard, thanks to a $1 million donation, was up and 148

functional on the baseball field. 149

150

President Martin indicated he would continue to keep the Board updated regarding 151

COVID-19. He summarized: FGCU made an excellent response on March 15 when 152

converting normal teaching to online teaching; staff and Information Technology 153

Services stepped up, and in three days all traditional teaching completely was 154

transitioned to online. He stated he believed FGCU would be able to transition back 155

easily to traditional teaching when appropriate. He stated FGCU was prudent enough 156

with finances to have no concerns regarding meeting bond obligations or meeting 157

operational needs. He noted he would be reviewing other possible reorganizations to 158

promote cost savings and greater efficiencies. He indicated he was proud of all FGCU 159

faculty and staff members on campus. He commended Vice President and Chief of 160

Staff Susan Evans for her extensive and effective efforts while working from home and 161

keeping everyone on task. He stated he believed the FGCU response team was “as 162

good as could be found in the country.” Chair Gable thanked President Martin, Vice 163

President Evans, and all members of the team. 164

165

166

Item 3: Consent Agenda (See Tabs #1-2, 5-8) 167

Chair Gable indicated there were six items on the Consent Agenda: (1) Minutes of 168

January 14, 2020 Meeting; (2) Minutes of February 18, 2020 Conference Call Meeting; 169

(3) Regulation: FGCU 1.006 Whistle-Blower Reporting and Protection; (4) Regulation: 170

FGCU 3.005 Graduate Admissions; (5) Regulation: FGCU 2.001 Undergraduate 171

Admissions; and (6) Twelfth Amendment and Restatement of the Florida Gulf Coast 172

University Foundation Inc. Bylaws. 173

174

Trustee Jamie MacDonald made a motion to approve the Consent Agenda. Trustee 175

Darleen Cors seconded the motion. 176

177

There was no public comment, or Board discussion. The vote was 13-0 in favor of the 178

motion. 179

180 181

182


52

5

Item 4: Academic/Student/Faculty Affairs Committee (See Tabs #11-13) 183

Committee Chair Edward Morton stated there were three action items on the agenda. 184

He called on Provost and Vice President for Academic Affairs James Llorens to present 185

the action items. 186

187

FGCU 2020 Accountability Plan (TAB #11) 188

Provost and Vice President for Academic Affairs James Llorens said the FGCU 2020 189

Accountability Plan demonstrated the impact of the actions taken by FGCU as a 190

University. He explained it was an annually mandated plan required by Florida law 191

implemented in regulations by the Board of Governors (BOG), included key initiatives 192

and investments and key achievements in the past year, and was complemented by a 193

section on metrics. He stated these metrics included performance funding measures, 194

key performance indicators, and institutional metrics associated with FGCU’s Strategic 195

Plan. He noted enrollment projections and new academic program plans rounded out 196

the report on the accountability plan. 197

198

Provost Llorens stated the 2020 Accountability Plan was built on the momentum of the 199

past year with continuing focus on the recruitment of talented students, meeting 200

workforce needs in Southwest Florida, and applied research to address issues critical to 201

Southwest Florida. He indicated FGCU continued to make strong progress on key 202

performance metrics associated with student success, and prominent among these 203

were: the four-year graduation rate, average cost to the student, degrees awarded 204

without excess hours, and degrees awarded to Hispanic and African-American 205

students. He said the outstanding performance this year should result in the highest 206

performance-based funding point total ever recorded by FGCU, at a projected 88 points 207

out of a total of 100. He noted while it was still too early to understand the full impact of 208

COVID-19, the BOG has indicated it would likely restrict its review of the metrics at its 209

June meeting to the attainment of the current year’s metric goals, as opposed to a 210

discussion of projected goals and what universities expected to accomplish. He 211

commented the BOG asked institutions to think of projected out-year metric goals as 212

aspirational or “stretch targets,” and due to the time lag associated with reporting for 213

most of the metrics, the impact of the pandemic would likely not adversely affect metric 214

performance until after the 2022 reporting year. He noted the BOG intended to consider 215

appropriate adjustments to the metric scoring benchmarks in the coming months; with 216

this in mind, FGCU would probably adjust its out-year projections. He also noted FGCU 217

met or exceeded goals in seven of the 10 metrics. He indicated the Student Success 218

and Enrollment Management Initiative under Vice President for Student Success and 219

Enrollment Management Mitch Cordova and his team had done an excellent job in 220

moving the University forward. He asked for approval to send the 2020 Accountability 221

Plan to the BOG. 222

223

Trustee MacDonald noted this was the second consecutive year the chemistry program 224

was recognized by the American Chemical Society. He commended the FGCU 225

chemistry program. 226 227


53

6

Trustee Morton indicated that as a recent former member of the BOG, he felt FGCU had 228

made a tremendous amount of progress under President Martin’s administration. He 229

stated he believed the 2020 Accountability Plan would reflect very well on FGCU as it 230

moved into the future. 231

232

Trustee Stephen Smith made a motion to approve the FGCU 2020 Accountability Plan. 233

Trustee MacDonald seconded the motion. 234

235

There was no public comment, or further Board discussion. The vote was 13-0 in favor 236

of the motion. 237

238

New Degree Program: Bachelor of Science in Resort and Hospitality 239

Administration (TAB #12) 240

Provost Llorens said the new degree program of Bachelor of Science in Resort and 241

Hospitality Administration (RHA) was replacing the existing degree in Resort and 242

Hospitality Management (RHM). He stated FGCU conducted studies and utilized 243

consultants to make enhancements to the existing degree program. He indicated that 244

moving to a more business-oriented approach would increase the competitiveness of 245

students completing this degree program and would offer the resort and hospitality 246

industry in Southwest Florida a more adequately prepared graduate. He explained this 247

new degree was a change in the Classification of Instructional Program (CIP) code. He 248

said the current degree program (RHM) was closed to new applicants. He noted as 249

these changes were made to the degree program, FGCU would be eligible to seek 250

accreditation from the Association to Advance Collegiate Schools of Business (AACSB); 251

previously the program was accredited only under the Accreditation Commission 252

Program in Hospitality Administration (ACPHA), which was significantly less rigorous 253

than AACSB accreditation. Provost Llorens noted the RHM Advisory Board agreed 254

wholeheartedly that the program was moving in the right direction with the changes. He 255

stated approval of the Bachelor of Science in Resort and Hospitality Administration by 256

the FGCU BOT was the first step in the Board of Governors (BOG) new degree 257

program authorization process; following which, faculty would be evaluated for the 258

program. He asked for the Board’s support in approval of this new degree program to 259

submit to the BOG. He noted once the BOG approved the program, FGCU would begin 260

accepting new students into the program. 261

262

Trustee S. Smith noted he was involved with the Lutgert College of Business Dean 263

search and in the process had learned about this program. He stated while he did not 264

know much about the hotel industry, he was familiar with the resort and golf industry. 265

He indicated he was concerned about the types of positions new graduates would 266

qualify for upon graduation which have a high wage. He noted there were not many 267

high-wage positions available for student graduates within local golf/residential 268

community environments. He stated upon attempting to find internships for students in 269

this industry, there was resistance as students could make more money parking cars at 270

a resort. He noted unless internships were mandatory, students would not pursue an 271 internship in this field. He recommended requiring a short period of internship for 272


54

7

graduation, noting that internships provided firsthand experience and excellent 273

preparation for participation in a field. He stated he was a big supporter of the program. 274

275

Provost Llorens responded that FGCU was not eliminating the Bachelor of Science in 276

PGA Golf Management (PGM); this program would be retained in its current CIP code. 277

He noted this new resort and hospitality administration degree program was much more 278

rigorous and business-oriented, and would increase the level of expertise needed to 279

make graduates more competitive for jobs at a higher management level. He said there 280

would be more of an emphasis on business administration courses and on developing 281

the skills needed for middle- and higher-level management positions in resort and 282

hospitality administration. 283

284

Trustee Ashley Coone asked if students currently in the RHM degree program would 285

complete their program as is or would they be affected by the degree program change. 286

Provost Llorens responded that existing students would follow the existing curriculum 287

program degree requirements. He explained if a student dropped out for a semester or 288

two, however, the student would be required to re-enter with the new curriculum. 289

Trustee Coone asked if the information regarding taking time off had been conveyed to 290

the students currently in the RHM degree program. Provost Llorens responded in the 291

affirmative, saying students were aware of the change in the degree program and the 292

consequences of taking time off from the current degree program. 293

294

Trustee MacDonald asked about expected effects upon the teach-out plan for the RHM 295

degree program if a student took a “sabbatical” during the COVID-19 crisis. Provost 296

Llorens stated this would be examined on a case-by-case basis; FGCU would be 297

flexible as long as required standards set by the Southern Association of Colleges and 298

Schools (SACS) and the BOG were met. 299

300

Trustee Joseph Fogg made a motion to approve New Degree Program: Bachelor of 301

Science in Resort and Hospitality Administration. Trustee Cors seconded the motion. 302

303


of the motion. 305

306

Florida Postsecondary Comprehensive Transition Program (FPCTP) Grant (TAB 307

#13) 308

Provost Llorens said this agenda item was a grant proposal for the Florida 309

Postsecondary Comprehensive Transition Program. He explained the grant responded 310

to the Florida Postsecondary Program Act former Governor Rick Scott signed in 2016, 311

the purpose of which was to “increase independent living, inclusive and experiential 312

postsecondary education, and employment opportunities for students with intellectual 313

disabilities through degree, certificate, or non-degree programs.” He stated FGCU was 314

proposing the creation of the Soaring Eagles Academy (SEA), which would be FGCU’s 315

method of providing the benefits of the legislation to the citizens of Southwest Florida. 316 He explained this would give students the opportunity to serve as paid academic and 317

social mentors for SEA students. He noted this was a $7,000 per year grant; FGCU 318


55

8

also was applying for a three-year $900,000 grant. He noted the SEA would aid in 319

expanding FGCU’s services to students with disabilities. He asked for the Board’s 320

permission to submit the grant application to the Board of Governors. 321

322

Trustee MacDonald made a motion to approve the Florida Postsecondary 323

Comprehensive Transition Program Grant. Trustee Kevin Price seconded the motion. 324


motion. 326

327

328

Item 5: Finance, Facilities and Administration Committee (See Tabs #14, 17-20) 329

Committee Chair Ken Smith stated there was one information item and four action items 330

on the agenda. He asked Vice President for Administrative Services and Finance, and 331

Executive Director of FGCU Financing Corporation Steve Magiera to present the items. 332

333

Finance/Budget Update (TAB #14) 334

Mr. Magiera presented Tab #14 which contained the Finance/Budget Update for the 335

fiscal activities for the close of March 2020. He reviewed the Executive Summary 336

Revenues which indicated: 337

338

(1) Total revenues had a favorable variance of 2.54 percent, which equated to 339

approximately $5.6 million. 340

(2) Athletic Revenue was up approximately $590,000 which was strictly a timing 341

issue and was the result of a change in timing when transfers were made from 342

their Foundation accounts. 343

(3) Concessions were up approximately 22.30 percent, or $70,000. He noted with 344

campus not being active for the last couple of months, this number would most 345

likely balance out. 346

(4) Financial aid was up about 9.51 percent, or $2.7 million. He explained annually, 347

financial aid was a difficult item to budget as projects were prepared in May prior 348

to understanding the needs of students who would not arrive on campus until 349

August; usually if there was an increase in the financial aid revenues, there was 350

also an increase in actual financial aid expenditures over budgets. 351

(5) Grants associated revenue was up 23.92 percent, or $1.9 million. He explained 352

grants and associated revenue was the other line item, like financial aid, which 353

was difficult to estimate because the grants received often had different fiscal 354

years than the University and some were on the reimbursement basis. He 355

indicated the Federal CARES Act revenue would flow through this line item by 356

the end of the year providing a positive budget variance. 357

(6) In total, $4.6 million of the $5.6 million variance was the result of the financial aid 358

and grants associated revenue. 359

360

Mr. Magiera reviewed the Expenditures: 361

362 (1) Total expenditures had a favorable variance of 0.47 percent, which equated 363

approximately $970,000. 364


56

9

(2) Other Personal Services – 7.31 percent, or $720,000. He stated when the 365

University’s colleges and departments had delays in hiring, often adjuncts or 366

temporary workers were hired to fill in the gaps; this resulted in a negative 367

variance in Other Personal Services, but also had the effect of a positive 368

variance in the Salaries and Benefits line item. 369

(3) Capital Expenditures – 121.83 percent, or $685,000. He noted this was a very 370

small number but was related to the purchase of a few unexpected items such as 371

additional ice tanks for the Chiller Plant and refrigeration equipment for food 372

service. 373

374

Fixed Capital Outlay Budget Quarterly Update (TAB #17) 375

Mr. Magiera said this was a new report this year. He stated this quarterly update to the 376

Board addressed the progress of previously approved projects over $100,000. He 377

explained that unlike the budget which started over annually, this was a living 378

document, and projects would be carried over to next year if not completed. He 379

reviewed the changes from the previous meeting, which were in bold on the 380

spreadsheet: 381

382

(1) Lines 8 and 9 – The WGCU Transmission Tower Replacement/WMKO Tower 383

Project had an additional grant funding source which was a reimbursable grant. 384

He explained this was the reason the project was currently in a negative position, 385

but the project would not be negative once the grant reimbursed the project. 386

(2) Line 13 – Campus Dining – SoVi Dining. He explained originally this project was 387

designed to be a much larger renovation at $1.035 million; the project was 388

changed for a number of reasons and had been scaled back to $350,000. 389

(3) Line 22 – Lutgert Hall 1300. He noted this project was now complete, and the 390

unused amount of $1,878 was returned to the carryforward fund. 391

(4) Line 23 – Alico Arena Phase 2 Remodel. He indicated he had informed the 392

Board of this project but had not requested budget approval as the project initially 393

was planned to begin next fiscal year; however, due to the current circumstances 394

and lack of activity on campus, now was an appropriate time to work on the 395

project, and therefore, he was requesting budget approval. 396

(5) Line 24 – Center for Entrepreneurship and Innovation. He indicated the Board 397

was notified of the project but was not requested to approve the budget due to 398

the project initially not being scheduled to begin until after July. He explained 399

due to the good work of Vice President for University Advancement and 400

Executive Director of FGCU Foundation Kitty Green and staff, the money was 401

raised for this project, and the project was ready to move forward. He noted the 402

project increased from $8 million to $10 million. He explained this year use of a 403

budget amount of $400,000 was being requested; next year the remaining 404

balance would be requested. 405

406

Mr. Magiera commented the Fixed Capital Outlay Budget was a new living document 407

which would be updated and reported quarterly and would require approval quarterly if 408 there were any changes. 409

410


57

10

Trustee Leo Montgomery made a motion to approve the Fixed Capital Outlay Budget 411

Quarterly Update. Trustee Fogg seconded the motion. 412

413


motion. 415

416

Amendment to 2018-2021 Collective Bargaining Agreement between Florida Gulf 417

Coast University Board of Trustees and Gulf Coast Police Benevolent Association 418

(TAB #18) 419

Mr. Magiera said this was the Agreement that had been worked out with the University 420

Police Department (UPD). He noted this was unanimously approved by UPD. He 421

indicated this was a very fair contract. He stated the approval of the Board was needed, 422

and following its approval, President Martin would sign the Agreement so that the raises 423

could be distributed to the police officers. 424

425

Trustee MacDonald made a motion to approve the Amendment to 2018-2021 Collective 426

Bargaining Agreement between Florida Gulf Coast University Board of Trustees and 427

Gulf Coast Police Benevolent Association. Trustee Jaye Semrod seconded the motion. 428

429

Trustee Fogg asked Mr. Magiera to briefly review the important points of the contract. 430

431

Mr. Magiera explained the UPD was asking for raises. He noted upon review of police 432

salaries, it was discovered that starting salaries for officers were good; however, mid-433

range salaries were lacking. As a result, mid-range salaries were being increased. 434

435

Trustee Fogg asked how UPD salaries compared with similar universities’ police 436

salaries in the State University System. 437

438

Mr. Magiera indicated FGCU’s salaries were comparable. He noted salaries in 439

universities varied widely by location; for example, FIU police made higher salaries due 440

to FIU being located in Miami. He explained FGCU police salaries when compared to 441

the City of Fort Myers or Cape Coral were different; however, it was a very different job 442

description. He noted the UPD understood this as well. 443

444


of the motion. 446

447

Regulation: FGCU 5.014 Employee Political Activity (TAB #19) 448

Mr. Magiera stated changes were made to the FGCU Regulation in an effort to provide 449

more clarity for employees who wished to participate in political activity. He explained if 450

an employee wished to seek election, that employee needed to inform FGCU and there 451

would be a discussion regarding how the employee’s job would be affected if elected. 452

He indicated the Regulation also addressed employees who supported political 453

candidates; employees were not permitted to speak on behalf of the University in 454 support of political candidates. He noted these employees also should try not to appear 455


58

11

on camera wearing FGCU apparel containing the logo or other university-identifying 456

marks. 457

458

Trustee Fogg made a motion to approve Regulation: FGCU 5.014 Employee Political 459

Activity. Trustee Montgomery seconded the motion. 460

461


motion. 463

464

Regulation: FGCU 5.006: Criminal and Background Checks (TAB #20) 465

Mr. Magiera said this regulation was being adjusted to bring FGCU into best practices. 466

He noted there were two changes: FGCU now would be utilizing two different levels of 467

criminal background checks depending on the position, where previously only one level 468

of background check was conducted. He noted the Assistant Vice President for Human 469

Resources and the hiring official would determine which positions required Level 1 or 470

Level 2 background checks. He indicated this information would be included in position 471

advertising. He noted reference was made to “a position of special trust” in the 472

Regulation; this was an employee who would be handling sensitive data such as 473

student records, or a position handling money such as a cashier. 474

475

Trustee S. Smith made a motion to approve Regulation: FGCU 5.006: Criminal and 476

Background Checks. Trustee Cors seconded the motion. 477

478


motion. 480

481

482

Item 6: Audit and Compliance Committee (See Tabs #23-29) 483

Audit and Compliance Committee Chair Joseph Fogg said the Audit and Compliance 484

Committee met by conference call on May 1. He indicated there was one Committee 485

action item and six Board action items. 486

487

Minutes of May 1, 2020 Audit and Compliance Committee Conference Call 488

Meeting (TAB #23) 489

Trustee Fogg indicated this first item was a Committee action item to approve the 490

minutes of the May 1, 2020 Audit and Compliance Committee Conference Call meeting. 491

He called for a motion. 492

493

Trustee S. Smith made a motion to approve the Minutes of May 1, 2020 Audit and 494

Compliance Committee Conference Call Meeting. Trustee Montgomery seconded the 495

motion. There was no public comment, or Committee discussion. The vote was 4-0 in 496

favor of the motion, with Committee members Joseph Fogg, Darlene Cors, Leo 497

Montgomery, and Stephen Smith voting. 498

499 Trustee Fogg called on Director of Equity, Ethics and Compliance, and Title IX 500

Coordinator Precious Gunter to present the next two action items. 501


59

12

Compliance and Ethics Program Plan (TAB #24) 502

Ms. Gunter said Board of Governors Regulation 4.003 required the FGCU Board of 503

Trustees (BOT) to implement and approve a comprehensive Compliance and Ethics 504

Program Plan. She stated on February 20, 2018, the FGCU BOT approved the 505

University's first Program Plan. She indicated the applicable Regulation also required 506

the Chief Compliance Officer to review and monitor the Program Plan and make 507

recommendations for changes when necessary to the Audit and Compliance Committee 508

(ACC) and the full Board for approval. 509

510

Ms. Gunter stated the Program Plan had been amended to align with recent changes to 511

the Audit and Compliance Committee Charters as approved by the Audit and 512

Compliance Committee and the FGCU Board of Trustees. She said one of the notable 513

changes was the addition of quarterly meetings between Trustee Fogg, President 514

Martin and her, as well as general clean-up of the document. 515

516

Trustee Fogg noted this was a final culmination of discussions which had been held 517

over the last several months. He called for a motion. 518

519

Trustee Montgomery made a motion to approve the Compliance and Ethics Program 520

Plan. Trustee MacDonald seconded the motion. There was no public comment, or 521

Board discussion. The vote was 13-0 in favor of the motion. 522

523

2019 Annual Compliance Report (TAB #25) 524

Trustee Fogg noted in the Audit and Compliance Committee meeting on Friday, May 1, 525

the question was raised regarding whether certain aspects of the report should also 526

apply to the FGCU Board of Trustees (BOT) and the answer was it should; therefore, 527

there was a slight amendment to the Report reflecting this. 528

529

Ms. Gunter said Board of Governors Regulation 4.003 also required an annual report on 530

the University’s Compliance Program. She stated the 2019 Annual Compliance Report 531

covered the calendar year of January 1, 2019 to December 31, 2019. She indicated it 532

highlighted FGCU’s comprehensive compliance, ethics, and risk program 533

accomplishments, and included compliance partner reports. She indicated on page 36 534

of the Annual Compliance Report, under section Conflicts of Interest and Commitment, 535

third bullet point, the FGCU BOT was added to the existing list of entities whose 536

members must complete Conflict of Interest forms (this was the amendment made and 537

approved by the Audit and Compliance Committee on May 1). 538

539

Trustee Cors made a motion to approve the 2019 Annual Compliance Report as 540

amended. Trustee S. Smith seconded the motion. There was no public comment, or 541

Board discussion. The vote was 13-0 in favor of the motion. 542

543

Trustee Fogg called on Director of Internal Audit William Foster to present the next four 544

action items. 545 546


60

13

Florida Gulf Coast University Operational Audit Report for January 2018 through 547

December 2018 (TAB #26) 548

Mr. Foster said in accordance with Section 11.45, Florida Statutes, the State of Florida 549

Auditor General conducted operational audits of the universities at least every three 550

years. He said the purpose was to evaluate management’s performance in establishing 551

and maintaining internal controls, including those designed to prevent and detect fraud, 552

waste and abuse and in administering assigned responsibilities in accordance with 553

applicable laws, rules, regulations, contracts, grant agreements, and other guidelines. 554

555

Mr. Foster indicated in the report three issues were identified: 556

(1) IT user access privileges, or access to social security numbers. He said employees 557

who needed access to employee social security numbers, such as payroll related, were 558

automatically granted access to student social security numbers and vice versa. Mr. 559

Foster said this was a built-in limitation to the existing Banner system used by FGCU, 560

and would be resolved with adoption of the new Workday system scheduled to begin 561

July 1, 2020. 562

(2) Textbook affordability. Florida Statutes required 95 percent compliance with 563

textbooks to be posted at least 45 days ahead of class start. He noted for the audit 564

period of spring 2018 and fall 2018, FGCU had 86 percent and 78 percent compliance 565

noted. He indicated after the audit period in spring 2020, with enhanced procedures, 566

FGCU had 97.4 percent compliance, meeting the 95 percent requirement. He said 567

textbook affordability also was a finding in the prior operational report, and FGCU must 568

continue efforts to meet and maintain the 95 percent requirement. 569

(3) Employment practices. He noted for the period of April 16, 2018 through December 570

18, 2018, of 28 hires tested, five did not have copies of the interview and background 571

check forms available on file in Human Resources. He indicated this was addressed by 572

initiating mandatory training for hiring panels and committee members, and by adding a 573

search material follow-up as a specific job function in the human resources area to 574

ensure University procedures were followed. 575

576

Trustee Montgomery made a motion to accept the Florida Gulf Coast University 577

Operational Audit Report for January 2018 through December 2018. Trustee S. Smith 578

seconded the motion. 579

580

Trustee Fogg indicated a lengthy discussion of this audit was held at the Audit and 581

Compliance Committee Meeting. He stated this was essentially a very good audit 582

report. 583

584


of the motion. 586

587

Florida Gulf Coast University Athletics National Collegiate Athletics Association 588

(NCAA) Report for Year ended June 30, 2019 (TAB #28) 589

Mr. Foster stated the National Collegiate Athletic Association (NCAA) Bylaws provided 590 this audit report could not be performed by employees of the University. He said there 591

was a lot of data on equity. He noted FGCU had 9 women’s and 6 men’s sports. Mr. 592


61

14

Foster said his main concern this year was a loss of $68,170, since Athletics is required 593

to be a self-supporting entity. He noted this loss was due to a reduction in ticket sales 594

(primarily men’s basketball ticket sales). Mr. Foster said his concern was making sure 595

that in future years when anticipated revenues decline, spending also declines so as to 596

remain within budget. 597

598

Trustee Montgomery made a motion to accept the Florida Gulf Coast University 599

Athletics National Collegiate Athletics Association (NCAA) Report for Year ended June 600

30, 2019. Trustee S. Smith seconded the motion. 601

602

Trustee Fogg indicated a fair amount of time was spent discussing this audit at the Audit 603

and Compliance Committee Meeting. He stated essentially money was lost as a result 604

of a shortfall of ticket sales for the men’s basketball program. 605

606


of the motion. 608

609

Florida Gulf Coast University Student Loan Information Audit Report (TAB #27) 610

Mr. Foster said this Report represented a limited scope audit of the loan information 611

letters sent to FGCU students receiving loans for the 2017-18 and 2018-19 academic 612

years respectively, to comply with Section 1009.45, Florida Statutes. He stated 613

beginning with the 2017-2018 academic year, Florida postsecondary institutions which 614

disbursed state financial aid must annually provide students receiving student loans with 615

a “loan summary.” He stated Florida Gulf Coast University’s Office of Financial Aid & 616

Scholarships entered into a service agreement with a third party, Ascendium Education 617

Solutions Inc., for its “College Cost Meter” service to provide students with a loan debt 618

disclosure or overview of the total monies students borrowed and the amount students 619

were expected to pay back once the students were no longer in school. He reported in 620

the Internal Audit Department’s opinion, based on the audit work performed, the loan 621

information summary was provided in a timely manner to eligible FGCU students for 622

both years under review; it contained all the data required by law except for first-time 623

borrowers, the loan summary letter was missing the percentage borrowed which was 624

one of the required elements. He indicated the Office of Financial Aid & Scholarships 625

had identified and addressed this issue with the vendor and appropriate changes would 626

be implemented on all future loan summary letters. 627

628

Trustee Fogg indicated this Audit also was thoroughly discussed during the Audit and 629

Compliance Committee (ACC) Meeting. He stated the ACC was extremely displeased 630

the outside vendor overlooked this requirement which was important information for the 631

students. He noted the ACC asked Mr. Foster to speak with the vendor regarding this 632

issue. He called for a motion. 633

634

Trustee Cors made a motion to accept the Florida Gulf Coast University Student Loan 635

Information Audit Report. Trustee Montgomery seconded the motion. 636 637


62

15


of the motion. 639

640

WGCU Public Media Audit Report for Years ended June 30, 2019 and June 30, 641

2018 (TAB #29) 642

Trustee Fogg indicated WGCU Public Media was a significant and substantial operation 643

financially and was an important part of the FGCU family. 644

645

Mr. Foster said this Report presented the results of the audit required by the 646

Corporation for Public Broadcasting for the comparative years ended June 30, 2019 and 647

June 30, 2018, respectively. He indicated the purpose of the audit, which was required 648

for all public media radio and television stations, was to document and review the 649

financial activity of the University's public media function. He reviewed the key points of 650

the Financial Audit: 651

652

• Pages 1 and 2 – Opinion – The auditors determined the financial statements 653

fairly presented the financial position of the Station. He noted this was known as 654

a clean opinion, which was the goal. 655

• Pages 3 through 6 – Management’s Discussion and Analysis – This was the 656

section where Management described in reader-friendly terms what occurred in 657

the last fiscal year. He noted this section pointed out major transactions and 658

presented comparative figures from the prior year. 659

• Page 7 – Statement of Net Position – Years ago, this statement was known as 660

the Balance Sheet. He reported at year end June 30, 2019, the Station had $9.8 661

million of total assets, $3 million in total liabilities, and a net position (residual 662

equity) of $6.8 million. He stated at year end June 30, 2018, the Station had $5.1 663

million of total assets, $1.1 million in total liabilities, and a net position (residual 664

equity) of $4 million. 665

• Page 8 – Statement of Revenues, Expenses and Changes in Net Position – This 666

statement was formerly known as an Income Statement. He stated for the year 667

ended June 30, 2019, the Station had $8.8 million in operating revenue, $8.9 668

million in operating expenses, and $2.9 million in non-operating revenue ($2.8 669

million of which was Public Education Capital Outlay, or PECO, allocation from 670

the State), arriving at a net increase of $2.8 million. He stated for the year ended 671

June 30, 2018, the Station had $9.2 million in operating revenue, $9.1 million in 672

operating expenses, and $0.1 million in non-operating revenue (primarily 673

investment income), arriving at a net increase in position of $0.2 million. 674

• Page 9 – Statement of Cash Flows – This statement showed the effects to cash 675

from the financial transactions. He reported the net effect for the year ended 676

June 30, 2019 was an $85,572 increase in cash and cash equivalents for the 677

year, and for 2018 a $2,992 decrease. 678

• Pages 10 through 24 – Notes to the Financial Statements – He noted this section 679

contained a significant amount of information to explain the various line items in 680

the financial statements; compared to Management’s Discussion and Analysis, 681 these notes were not necessarily as reader-friendly. 682


63

16

• Pages 25 through 27 – Supplemental Information – He indicated this section 683

broke out the Statement of Revenues, Expenses and Changes in Net Position for 684

the TV and radio station segments, and in total by functional category. 685

686

Trustee Montgomery made a motion to accept the WGCU Public Media Audit Report for 687

Years ended June 30, 2019 and June 30, 2018. Trustee MacDonald seconded the 688

motion. 689

690

Trustee Fogg commented this was a completely clean opinion. He stated Trustee Price 691

was the BOT representative on the WGCU Board, and asked if Trustee Price had any 692

comments. Trustee Price noted he recently had received updates regarding good 693

viewership numbers, but had nothing significant to report. 694

695


of the motion. 697

698

699

Item 7: Old Business 700

There was no old business for discussion. 701

702

703

Item 8: New Business 704

There was no new business for discussion. 705

706 707

Item 9: Closing Remarks, and Adjournment 708

Chair Gable stated the next FGCU Board of Trustees meeting was scheduled for 709

Tuesday, June 9, 2020. He indicated he would be in touch regarding what type of 710

meeting would be held on June 9, based on COVID-19 social distancing requirements. 711

He thanked the Trustees for their participation in today’s meeting, and also thanked 712

President Martin and the staff. 713

714

Chair Gable adjourned the meeting at 10:34 a.m. 715

716

717

718

719

720

721

722

723

724

725

726 Minutes prepared by Transcription Experts, and reviewed by Tiffany Tramontozzi, 727

FGCU Assistant Director of Board Operations. 728


64

17

Agenda Items: 729

A. See Tabs #1-29 730

a. https://www2.fgcu.edu/Trustees/AgendaFile/2020/05-05-731

2020/FGCUBOTMTG_AGENDAPACKET_5-5-2020Revised.PDF 732

733

734

Attachment: 735

A. Record of Votes 736

737

738

739


65

https://www2.fgcu.edu/Trustees/AgendaFile/2020/05-05-2020/FGCUBOTMTG_AGENDAPACKET_5-5-2020Revised.PDF

https://www2.fgcu.edu/Trustees/AgendaFile/2020/05-05-2020/FGCUBOTMTG_AGENDAPACKET_5-5-2020Revised.PDF

Consent Agenda

(Tabs #1-2, 5-8)

1- MacDonald

2- Cors

FGCU 2020

Accountability

Plan

(Tab #11)

1- S. Smith

2- MacDonald

New Degree

Program:

Bachelor of

Science in

Resort and

Hospitality

Administration

(Tab #12)

1- Fogg

2- Cors

Florida

Postsecondary

Comprehensive

Transition

Program

(FPCTP) Grant

(Tab #13)

1- MacDonald

2- Price

Fixed Capital

Outlay Budget

Quarterly Update

(Tab #17)

1- Montgomery

2- Fogg

Amendment to

2018-2021

Collective

Bargaining

Agreement

between FGCU

Board of Trustees

and Gulf Coast

Police Benevolent

Association

(Tab #18)

1- MacDonald

2- Semrod

Regulation:

FGCU 5.014

Employee

Political Activity

(Tab #19)

1- Fogg

2- Montgomery

Regulation:

FGCU 5.006:

Criminal and

Background

Checks

(Tab #20)

1- S. Smith

2- Cors

Members of Audit

and Compliance

Committee Only:

Minutes of May 1,

2020 Audit and

Compliance

Committee

Conference Call

Meeting

(Tab #23)

1- S. Smith

2- Montgomery

Compliance and

Ethics Program

Plan

(Tab #24)

1- Montgomery

2- MacDonald

2019 Annual

Compliance

Report

(Tab #25)

1- Cors

2- S. Smith

Florida Gulf Coast

University

Operational Audit

Report for January

2018 through

December 2018

(Tab #26)

1- Montgomery

2- S. Smith

Florida Gulf Coast

University Student

Loan

Information Audit

Report

(Tab #27)

1- Cors

2- Montgomery

Florida Gulf Coast

University

Athletics National

Collegiate

Athletics

Association

(NCAA) Report for

Year ended

June 30, 2019

(Tab #28)

1- Montgomery

2- S. Smith

WGCU Public

Media Audit

Report for Years

ended

June 30, 2019 and

June 30, 2018

(Tab #29)

1- Montgomery

2- MacDonald

TRUSTEES Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No

1 Trustee Ashley Coone Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

2 Trustee Darleen Cors Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

3 Trustee Richard Eide Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

4 Trustee Joseph Fogg Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

5 Trustee Jacob Goldman Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

6 Trustee Jamie MacDonald Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

7 Trustee Leo Montgomery Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

8 Trustee Edward Morton Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

9 Trustee Kevin Price Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

10 Trustee Jaye Semrod Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

11 Trustee Kenneth Smith Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

12 Trustee Stephen Smith Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

13 Trustee Blake Gable Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

Record of Votes

FGCU Board of Trustees

DATE: 5/5/2020

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ITEM: __4__


SUBJECT: Florida Postsecondary Comprehensive Transition Program

(FPCTP) Grant


Approve an amended title for the Board's previously approved agenda item on May 5, 2020

BACKGROUND INFORMATION On May 5, 2020, the Florida Gulf Coast University Board of Trustees approved the "Florida Postsecondary Comprehensive Transition Program (FPCTP) Grant.” However, what was intended was submission of recommended approval for the program itself, and not the program grant. This is a housekeeping item to remove "Grant" from what previously was approved by the Board.

Supporting Documentation Included: N/A. (See Minutes of May 5, 2020 Meeting of FGCU Board of Trustees) Prepared by: Provost and Vice President for Academic Affairs James Llorens Legal Review: N/A Submitted by: Provost and Vice President for Academic Affairs James Llorens


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1

ITEM: __5__


SUBJECT: Faculty Promotions


Information only

BACKGROUND INFORMATION Each year, the Florida Gulf Coast University Board of Trustees is apprised of faculty members who have been recommended to the President for promotion. The University employs an evaluation process to screen candidates for faculty promotion and this process is similar to those of other accredited universities across the United States. Faculty from each of the five colleges and the library develop, and the President or designee approves, criteria for evaluating promotion candidates. These evaluation criteria incorporate the faculty assignment areas of instruction, scholarship, and service. Each promotion candidate prepares a portfolio detailing both qualitatively and quantitatively his/her accomplishments in the areas specified in the criteria. The academic unit faculty peer review committee and academic administration review their own candidates’ documentation. The Provost reviews all candidates’ materials and promotion recommendations from the deans, department chairs, and peer review committees. The Provost makes a recommendation to the President for final approval. Promotions are conducted under the ratified FGCU-UFF Collective Bargaining agreement where promotion is applied with a salary increase of 13% to the previous year’s base salary.

Supporting Documentation Included: See below Prepared by: Provost and Vice President for Academic Affairs James Llorens Legal Review: N/A Submitted by: President Mike Martin and Provost and Vice President for Academic Affairs James Llorens


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The President and Provost of Florida Gulf Coast University recommend to the FGCU Board of Trustees the following faculty for promotion: TO: PROFESSOR Hasan Aydin College: College of Education Department: Curriculum, Instruction and Culture Anne Carncross College: College of Arts & Sciences Department: Bower School of Music & the Arts Doug Carothers College: College of Education Department: Teacher Education Thomas Cimarusti College: College of Arts & Sciences Department: Bower School of Music & the Arts Dean Croshaw College: College of Arts & Sciences Department: Biological Sciences John Griffis College: College of Arts & Sciences Department: Ecology and Environmental Studies Andy Owen College: College of Arts & Sciences Department: Bower School of Music & the Arts Thomas Roberts College: College of Education Department: Leadership, Technology, and Research Claude Villiers College: Whitaker College of Engineering Department: Civil and Environmental Engineering

(continued)


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TO: ASSOCIATE PROFESSOR Daniel Bacalzo College: College of Arts & Sciences Department: Bower School of Music & the Arts Jon Braddy College: College of Arts & Sciences Department: Communication & Philosophy Ashley Danley-Thomson College: Whitaker College of Engineering Department: Civil and Environmental Engineering Frances Davey College: College of Arts & Sciences Department: Social Sciences Sarah Fabrizi College: Marieb College of Health & Human Services Department: Rehabilitation Sciences Jayanta Gupta College: Marieb College of Health & Human Services Department: Health Sciences Eun Young Lee College: College of Arts & Sciences Department: Communication & Philosophy Kerry Lee College: College of Arts & Sciences Department: Biological Sciences Kara Lefevre College: College of Arts & Sciences Department: Ecology & Environmental Studies Jennifer Manegold College: Lutgert College of Business Department: Management Peter Reuter College: Marieb College of Health & Human Services Department: Rehabilitation Sciences


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Joanna Salapska-Gelleri College: College of Arts & Sciences Department: Psychology Michele Stork College: College of Education Department: Leadership, Research, Technology Gina Tran College: Lutgert College of Business Department: Marketing TO: INSTRUCTOR II Enas Awad College: College of Arts & Sciences Department: Mathematics Ian Campbell College: College of Arts & Sciences Department: Chemistry & Physics Barbara Compagnucci College: College of Arts & Sciences Department: Language and Literature Chad Evers College: College of Arts & Sciences Department: Ecology & Environmental Studies Heather Humann College: College of Arts & Sciences Department: Language & Literature Nicole Legge College: College of Arts & Sciences Department: Mathematics Melissa Lynn College: Marieb College of Health & Human Services Department: School of Nursing Shaun Sullivan College: College of Arts & Sciences Department: Mathematics Kristine Tullo College: College of Arts & Sciences Department: Language and Literature (END)


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ITEM: __6__


SUBJECT: Regulation: FGCU 4.007 Administrative Withdrawal


Approve amendments to Regulation: FGCU 4.007 Administrative Withdrawal

BACKGROUND INFORMATION Regulation: FGCU 4.007 Administrative Withdrawal is being amended to be compliant with federal regulations regarding the involuntary withdrawal of students who are presenting a risk of harm to themselves or others, which requires an individualized assessment based on reasonable medical judgment and current medical information or the best available non-medical evidence, prior to an involuntary withdrawal.

Supporting Documentation Included: (1) Summary of Changes for the amendments, and (2) Notice and Text for Regulation FGCU 4.007 Administrative Withdrawal Prepared by: Vice President for Student Success and Enrollment Mangement Mitch Cordova Legal Review: Vice President and General Counsel Vee Leonard (May 11, 2020) Submitted by: Vice President for Student Success and Enrollment Mangement Mitch Cordova


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Executive Summary of Administrative Regulation Revision

Attached is a copy of the Administrative Withdrawal Regulation, which contains several recommended amendments to the current version. Below is a summary of the proposed changes:

• Specific changes regarding changes that allow the regulation to be compliant with

federal regulations regarding the involuntary withdrawal of students who are

presenting a risk of harm to themselves or others within the FGCU community.

• A student may also be subject to involuntary withdrawal if they significantly disrupt

the learning environment or educational mission of the University or substantially

impedes the lawful activities of others and the orderly operation of the University.

• The determination of a direct threat, as defined by the Department of Justice

according to regulations under Title II of the Americans with Disabilities Act (ADA),

will be made in accordance with FGCU Policy 4.004, Involuntary Withdrawal.


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FLORIDA GULF COAST UNIVERSITY

NOTICE OF REGULATORY ACTION

GC473553

REGULATION TITLE: Administrative Withdrawal

REGULATION NO: 4.007

SUMMARY: This Regulation is being amended to be compliant with federal regulations regarding the involuntary withdrawal of students that are presenting a risk of harm to themselves or others, which requires an individualized assessment based on reasonable medical judgment and current medical information or the best available non-medical evidence, prior to an involuntary withdrawal.

FULL TEXT: The full text of the regulation being proposed is attached and can also be found at https://www.fgcu.edu/generalcounsel/regulations/

AUTHORITY: BOG Regulation 1.001, University Board of Trustees Powers and Duties

OFFICIAL INITIATING THE PROPOSED/REVISED REGULATION: Mitchell Cordova, Vice President for Student Success and Enrollment Management

UNIVERSITY OFFICIAL APPROVING THE PROPOSED/REVISED REGULATION: Mitchell Cordova, Vice President for Student Success and Enrollment Management

CONTACT INFORMATION REGARDING THE PROPOSED/REVISED REGULATION: Todd Caraway Office of the General Counsel 10501 FGCU Blvd. S., Fort Myers, FL 33965-6565 (P): 239.590.1101 | (F): 239.590.7470 | Email: [email protected]

Any person may submit written comments concerning a proposed regulation, amendment, or repeal to the contact person identified above within 14 days after the date this notice was posted. The comment(s) must identify the regulation to which you are commenting.

THIS NOTICE WAS POSTED ON THE FGCU WEBSITE ON MAY 8, 2020.


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https://www.fgcu.edu/generalcounsel/regulations/


FGCU REGULATION 4.007

Administrative Involuntary Withdrawal

Effective Date of Regulation:

01/15/13

Florida Gulf Coast University Page 1 of 4 Regulation FGCU-PR4.007, Administrative Involuntary Withdrawal GC292770_14

A. GENERAL STATEMENT

Florida Gulf Coast University (FGCU) is committed to fostering student success, maintaining an environment conducive to learning, and assuring the health and safety of the University community. Accordingly, the University takes appropriate measures to address student behavior that presents a direct threat of harm to the health or safety of any community member or causes a serious disruption to the learning environment or educational mission of the institution. In extraordinary circumstances, the University reserves the right to request or require a student to withdraw. If a student declines voluntarily to withdraw, the University may determine that the needs of the student and campus community require an involuntary withdrawal.

B. STANDARD

This Regulation will be applied in a non-discriminatory manner consistent with applicable federal and state laws, as well as FGCU Policy 1.006, Non-Discrimination, Anti-Harassment, and Sexual Misconduct, prohibiting discrimination based on disability.

1. A student may be subject to involuntary withdrawal when the student exhibits behavior

that:

a. Harms or threatens to harm the health or safety of any FGCU community member or member of the non-campus community; or

b. Significantly disrupts the learning environment or educational mission of the

University or substantially impedes the lawful activities of others and the orderly operation of the University.

2. The decision to impose an involuntary withdrawal requires a determination that the

student poses a direct threat to self or others. The determination of a direct threat is appropriate when there is a high probability that if the situation is not addressed, the student will cause substantial harm to others or the University. The determination must be based upon an individual and objective assessment of the risk. The assessment requires the use of reasonable medical judgment based on current medical information or the best available non-medical evidence.

3. Specific factors to consider are:

a. Nature and severity of the risk;


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b. Significant likelihood that potential harm will occur; and

c. Availability of reasonable modifications of University policies, practices, andrequirements that will sufficiently mitigate the risk.

4. The determination of a direct threat, as defined by the Department of Justice according toregulations under Title II of the Americans with Disabilities Act (ADA), will be made in accordance with FGCU Policy 4.004, Involuntary Withdrawal.

Authority BOG Regulation 1.001, University Board of Trustees Powers and Duties

History of Regulation New 06/17/08; Amended 01/15/13; Amended ________________

Approved by Florida Gulf Coast University Board of Trustees ____________________


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1. A student who poses a significant danger of imminent or serious physical threat to harm themselves or others at the University may be administratively withdrawn from attendance at the University by the Vice President for Student Affairs or designee upon appropriate notification and consultation with the Director of the Student Health Services Center, the Director of the University Counseling Center and the Dean of Students or their respective designees. This regulation is not disciplinary in nature and is utilized to protect the health, safety and welfare of the student and members of the University community.

2. Prior to administrative withdrawal, a student shall be furnished: a. Notice of intent to withdraw the student from the University stating the reasons

for the action; b. An advisor of the student’s choice, or, if the student is unable to make that

choice, an advisor will be designated by the Dean of Students; c. An opportunity to present relevant information for consideration of his/her case

personally or by representation; d. The opportunity to have an advisor present at all proceedings.

3. If at any time the Vice President for Student Affairs or designee determines, upon a review of all available information and surrounding circumstances, that based on a preponderance of the evidence presented, any student's condition presents a significant danger of imminent or serious physical threat to harm himself/herself or others, the student will be subject to a temporary withdrawal, pending a further determination. A student subject to such withdrawal shall be offered an opportunity to meet with the Vice President for Student Affairs or designee, immediately prior thereto, to discuss the matter and shall be offered the opportunity to provide credible documentation from an appropriate licensed healthcare provider who has conducted a reasonable assessment of the student and concluded that the student does not pose a significant risk of imminent or serious physical threat to harm himself/herself or others

4. A student subject to administrative withdrawal will be asked to meet certain conditions applicable to the reason for this action as a condition for eligibility to be re-enrolled for subsequent semesters or to continue in the current semester.

5. A student subject to administrative withdrawal will be refunded the tuition and fees and will be entitled to whatever refund of room and board charges that would be appropriate given the timing of the withdrawal.

6. A student subject to administrative withdrawal shall be withdrawn without academic penalty in all registered classes. The Division of Student Affairs may generate an appeal for any refund that would be appropriate on behalf of the student.

7. Students who are administratively withdrawn from the University shall have a hold placed on their records, which will prevent them from being readmitted or reenrolled in the institution unless cleared by the Vice President for Student Affairs or designee as stated in paragraph 9.

8. A student subject to administrative withdrawal may appeal the decision of the Vice President for Student Affairs within three (3) working days of the written decision of the Vice President for Student Affairs. If the student appeals under this regulation, a panel comprised of three (3) faculty and staff will be convened by the Vice President for Student Affairs within two (2) working days to review the decision and affirm, modify or overturn the decision of the Vice President for Student Affairs. The decision of the panel is final and is not subject to further appeal.

9. Applications or petitions for readmission by students subject to administrative withdrawal shall be considered and evaluated to determine if any conditions precedent to re-enrollment have been satisfactorily met. The Vice President for Student Affairs or


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designee will make this determination upon appropriate consultation with the Director of the Student Health Center, the Director of the University Counseling Center and the Dean of Students or their respective designees.

Action by Florida Gulf Coast University Board of Trustees: Approved: 01/15/13 Specific Authority: §1006.62 F.S. Law Implemented:

§1006.62 F.S. History of Regulation: New 06-17-08, Amended 01/15/13 Effective Date of Regulation:

01/15/13


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ITEM: __7__


SUBJECT: President’s Performance Evaluation for 2019-2020


Conduct the annual performance evaluation for President Mike Martin for 2019-2020

BACKGROUND INFORMATION

In accordance with Board of Governors Regulation 1.001, the Florida Gulf Coast University Board of Trustees conducts an annual performance evaluation of the President to include input provided to the Board Chair by the Board of Governors Chair and the State University System of Florida Chancellor. Chair Blake Gable will lead the Board in a performance evaluation of President Mike Martin for 2019-2020.

Supporting Documentation Included: Memo from Chair Blake Gable Prepared by: FGCU Board of Trustees Chair Blake Gable Legal Review: Vice President and General Counsel Vee Leonard (June 4, 2020) Submitted by: FGCU Board of Trustees Chair Blake Gable


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ITEM: __8__


SUBJECT: Finance/Budget Update


Information only

BACKGROUND INFORMATION This report details the projected fiscal activities of the institution through the close of June 30, 2020.

Supporting Documentation Included: (1) Summary Memo, and (2) Finance/Budget Update Prepared by: Assistant Vice President for University Budgets David Vazquez Legal Review: N/A Submitted by: Vice President for Administrative Services and Finance, and Executive Director of FGCU Financing Corporation Steve Magiera


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TO: FGCU Board of Trustees

FROM: Steve Magiera, Vice President Administrative Services and Finance

SUBJECT: Finance/Budget Update

DATE: June 9, 2020

These are the projected year-end numbers for June 2020. We will bring the

actual year-end numbers to the September FGCU Board of Trustees meeting.

History – It has always been our practice not to make budget adjustments from

the original budget but to explain any variances greater than 5% and budgeted at

$2 million or more.

Revenues:

There is one revenue line with a variance greater than 5% and $2 million. I do

however wish to highlight a few line items:

Contract and Grants – A positive variance of 15.55% or $1.9 million. Contracts

and Grants is an area that is difficult to budget because we project in May what

we expect to receive in grants that sometimes are not awarded until September

or later. We are fortunate this year to have received more grants then originally

projected.

Concessions – Concessions is a small number and we have a negative variance of

22.77% or $120,000. This is to be expected because we have moved to on-line

learning and most of the students have left the campus.

C.A.R.E.S. Act – The Cares Act currently is coming in two phases. The first phase

which is approximately $5.5 million is to be disbursed directly to students who

qualify. We project to have distributed all of these funds before the end of the

fiscal year although it is possible for some of the funds to extend beyond June 30,

2020 and therefore into next fiscal year. If that happens we will update next

year’s budget. The second phase is also $5.5 million and these funds will be

primarily used to reimburse the University for all or most of the refunds we have

issued for housing and dining. These funds are expected to be disbursed to the

University before the close of the current fiscal year.


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Overall revenues have a positive variance of 4.57% or $12.7 million on a total

revenue budget of $279 million. If we remove the line item Cares Act, the

positive variance becomes less than 1% or $1.6 million.

Expenditures:

There are two line items with a variance greater than 5% and $2 million.

Other Personal Services – We have a negative variance of 5.17% or $.7 million.

We have a very good summer enrollment and that required the hiring more

adjunct instructions.

General Expense – A positive variance of 12.26% or $6.6 million. In order to gain

flexibility for next year, President Martin said in March that we should only be

making essential purchase.

C.A.R.E.S Act – Please see the discussion under the Revenue section.

Overall – We have a negative variance of 1.58% or $4.3 million on a total

expenditure budget of $273 million. However, if we take out the C.A.R.E.S. Act,

we have a positive variance of 2.5% or $6.8 million.


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Florida Gulf Coast UniversityOperating Budget Update

Fiscal Year 2019-2020

Grand Summary

Summary of Revenues

FY 19-20 Original Budgeted Revenues

FY 19-20 Amended Budgeted Revenue

Budgeted Revenue Through

June

Projected Revenue Through

JuneProjected Variance

General Revenue 96,628,817 96,128,817 96,128,817 96,494,822 0.38% Tuition & Fees 58,520,724 58,520,724 58,520,724 58,629,121 0.19% Lottery 9,539,051 9,539,051 9,539,051 9,594,407 - Student Activity Revenue 4,518,390 4,518,390 4,518,390 4,467,966 -1.12% Athletic Revenue 12,525,999 12,525,999 12,525,999 12,372,096 -1.23% Concessions 527,000 527,000 527,000 407,000 -22.77% Financial Aid Revenue 33,465,000 33,465,000 33,465,000 33,912,584 1.34% Grant Associated Revenue 12,079,181 12,079,181 12,079,181 13,957,911 15.55% Auxiliary Revenue 51,335,975 51,335,975 51,335,975 50,405,838 -1.81% C.A.R.E.S. Act 11,143,620 Summary of Revenues 279,140,137 278,640,137 278,640,137 291,385,366 4.57%

Summary of Expenditures

FY 19-20 Original Budgeted

Expenditures

FY 19-20 Amended Budgeted

Expenditures

Budgeted Expenditures

Through June

Projected Expenditures

Through June

Projected Variance

Salaries and Benefits 143,588,277 - 147,364,576 145,404,502 -1.33% Other Personal Services 13,161,849 147,364,576 13,318,610 14,007,209 5.17% General Expense 48,982,829 13,318,610 53,564,516 46,999,592 -12.26% Capital Expenditures 947,597 53,564,516 947,597 1,834,527 93.60% Financial Aid/Scholarship 36,116,018 947,597 36,116,515 36,647,720 1.47% Library Resources 1,642,309 36,116,515 1,582,309 1,661,278 4.99% State Required Reserve 2,020,594 1,582,309 1,892,561 1,892,561 - Unallocated General Revenue 8,764,211 1,829,561 - - Transfer to DSO 18,487,530 - 18,487,530 18,000,029 -2.64% C.A.R.E.S. Act 11,143,620 Summary of Expenditures 273,711,214 254,723,684 273,274,214 277,591,039 1.58%

Page 1 of 4


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General Revenue

Education and General (E&G) Revenue




June

Projected Revenue Through March

General Revenue 96,628,817 96,128,817 96,128,817 96,494,822 Tuition & Fees 58,520,724 58,520,724 58,520,724 58,629,121 Lottery 9,539,051 9,539,051 9,539,051 9,594,407 Total E&G Revenue 164,688,592 164,188,592 164,188,592 164,718,350

E&G Expense


Expenditures


Expenditures


Through June


Through June

Salaries and Benefits 118,066,285 121,842,584 121,842,584 117,551,767 Other Personal Services 7,726,465 7,883,226 7,883,226 8,838,534 General Expense 24,801,070 29,382,757 29,382,757 22,491,099 Capital Expenditures 441,170 441,170 441,170 1,157,491 Financial Aid/Scholarship 1,226,488 1,226,985 1,226,985 1,266,488 Library Resources 1,642,309 1,582,309 1,582,309 1,661,278 State Required Reserve 2,020,594 1,829,561 1,892,561 1,892,561 Unallocated 8,764,211 - - Total E&G Expenditures 164,688,592 164,188,592 164,251,592 154,859,218

Page 2 of 4


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Student Related Activities

Local Fund Revenues




June


Student Activity Revenue 4,518,390 4,518,390 4,518,390 4,467,966 Athletic Revenue 12,525,999 12,525,999 12,525,999 12,372,096 Concessions 527,000 527,000 527,000 407,000 Financial Aid Revenue 33,465,000 33,465,000 33,465,000 33,912,584 Total Local Fund Revenues 51,036,389 51,036,389 51,036,389 51,159,647

Student Activities


Expenditures


Expenditures


Through June


Through June

Salaries and Benefits 1,607,121 1,607,121 1,607,121 1,584,933 Other Personal Services 839,975 839,975 839,975 760,202 General Expense 2,113,863 2,113,863 2,113,863 1,632,567 Capital Expenditures 22,000 22,000 22,000 6,861 Total Student Activities Expenditures 4,582,959 4,582,959 4,582,959 3,984,562

Intercollegiate Athletics Salaries and Benefits 6,171,350 6,171,350 6,171,350 6,314,361 Other Personal Services 985,950 985,950 985,950 808,100 General Expense 3,668,699 3,668,699 3,668,699 3,268,285 Capital Expenditures 100,000 100,000 100,000 81,781 Financial Aid/Scholarship 1,590,000 1,590,000 1,590,000 1,684,026 Total Intercollegiate Athletics Expenditures 12,515,999 12,515,999 12,515,999 12,156,551

Concessions


Expenditures


Expenditures


Through June


Through June

General Expense 236,000 236,000 236,000 245,789 Total Concession Expenditures 236,000 236,000 236,000 245,789 Financial Aid Other Personal Services 365,000 365,000 365,000 349,378 Financial Aid/Scholarship 33,100,000 33,100,000 33,100,000 33,408,222 Total Financial Aid Expenditures 33,465,000 33,465,000 33,465,000 33,757,600

Student Related Expenditures


Expenditures


Expenditures


Through June


Through June

Salaries and Benefits 7,778,471 7,778,471 7,778,471 7,899,294 Other Personal Services 2,190,925 2,190,925 2,190,925 1,917,679 General Expense 6,018,562 6,018,562 6,018,562 5,146,640 Capital Expenditures 122,000 122,000 122,000 88,642 Financial Aid/Scholarship 34,690,000 34,690,000 34,690,000 35,092,248 Total Student Related Expenditures 50,799,958 50,799,958 50,799,958 50,144,503

Page 3 of 4


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Grant and Auxiliary Activities

Grant and Auxiliary Revenue




June


Grant Associated Revenue 12,079,181 12,079,181 12,079,181 13,957,911 Auxiliary Revenue 51,335,975 51,335,975 51,335,975 50,405,838 Total Grant and Auxiliary Revenues 63,415,156 63,415,156 63,415,156 64,363,749

Grant Activities


Expenditures


Expenditures


Through June


Through June

Salaries and Benefits 6,119,687 6,119,687 6,119,687 7,129,783 Other Personal Services 1,000,164 1,000,164 1,000,164 1,023,968 General Expense 4,743,473 4,743,473 4,743,473 5,186,263 Capital Expenditures 17,627 17,627 17,627 54,089 Scholarships 198,230 198,230 198,230 283,927 Total Grant Activities Expenditures 12,079,181 12,079,181 12,079,181 13,678,030

Auxiliary Activities Salaries and Benefits 11,623,834 11,623,834 11,623,834 12,823,659 Other Personal Services 2,244,295 2,244,295 2,244,295 2,227,028 General Expense 13,419,724 13,419,724 13,419,724 14,175,591 Capital Expenditures 366,800 366,800 366,800 534,304 Scholarships 1,300 1,300 1,300 5,058 Transfer to DSO 18,487,530 18,487,530 18,487,530 18,000,029 Total Auxiliary Activities Expenditures 46,143,483 46,143,483 46,143,483 47,765,668

Grant & Auxiliary Activities


Expenditures


Expenditures


Through June


Through June

Salaries and Benefits 17,743,521 17,743,521 17,743,521 19,953,442 Other Personal Services 3,244,459 3,244,459 3,244,459 3,250,995 General Expense 18,163,197 18,163,197 18,163,197 19,361,853 Capital Expenditures 384,427 384,427 384,427 588,394 Financial Aid/Scholarship 199,530 199,530 199,530 288,985 Transfer to DSO 18,487,530 18,487,530 18,487,530 18,000,029 Total Grant & Auxiliary Expenditures 58,222,664 58,222,664 58,222,664 61,443,698

Page 4 of 4


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ITEM: __9__


SUBJECT: Transcript of the Executive Session for Linda Johnson

Pinckney vs Florida Gulf Coast University Board of Trustees


Information only

BACKGROUND INFORMATION The Florida Gulf Coast University Board of Trustees met on April 9, 2019 in Executive Session regarding Linda Johnson Pinckney vs. Florida Gulf Coast University Board of Trustees. As the aforementioned litigation has been concluded and as required by law, these transcripts are being presented to be made a part of the public record.

Supporting Documentation Included: Transcript of the Executive Session of April 9, 2019 - Linda Johnson Pinckney vs. Florida Gulf Coast University Board of Trustees Prepared by: Vice President and General Counsel Vee Leonard Legal Review: N/A Submitted by: Vice President and General Counsel Vee Leonard


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FLORIDA GULF COAST UNIVERSITY BOARD OF TRUSTEES

EXECUTIVE SESSION

DATE: April 9, 2019 TIME: 9:30 a.m. to 9:50 a.m. PLACE: Florida Gulf Coast University 10501 FGCU Blvd., South Fort Myers, Florida REPORTER: LISA M. BOYD, RPR, FPR, CMRS,

Notary Public, State of Florida at Large

FORT MYERS COURT REPORTING/GUARDIAN REPORTING Registered Professional Reporters2180 West First Street, Suite 120

Fort Myers, Florida 33901Phone: (239) 334-1411 FAX: (239) 334-1476


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A P P E A R A N C E S

MEMBERS PRESENT FOR EXECUTIVE SESSION:

Blake Gable, Trustee, Committee Chair

Richard Eide, Trustee

Darleen Cors, Trustee

Josh Ballin, Trustee

Joseph Fogg, III, Trustee

Mike McDonald, Trustee

Kevin Price, Trustee

Robbie Roepstorff, Trustee

Ken Smith, Trustee

Stephen Smith, Trustee

Ashley Coone, Trustee

EXECUTIVE STAFF

Michael Martin, President

Vee Leonard, Vice-President/General Counsel

ALSO PRESENT:

William Kratochvil, Esquire

Vernis & Bowling of Southwest Florida


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TRUSTEE GABLE: Sorry about the juggling this

morning, and I apologize for the disjointed nature

of this morning. So we're back on track.

Vee, take it away.

VICE PRESIDENT LEONARD: This morning we have

with us William Kratochvil, who is defending the

University in a lawsuit filed by Linda Pinckney.

Mr. Kratochvil has represented the University

several times before, and litigation primarily

related to personal injury.

So I will turn it over to William to give you

a little bit about himself, and then background on

the case.

MR. KRATOCHVIL: Good morning. I've been here

before. Been doing this type of work for about --

VICE PRESIDENT LEONARD: I'm sorry. I need to

remind you all about the court reporter. The court

reporter is here transcribing everything you say.

And when litigation is completed, the transcript

will be made public. So just want you to take that

into consideration. Thank you.

MR. KRATOCHVIL: Good morning. I've been

doing this about 20 years. I've represented the

State multiple times. I do FHP, I do University of

Florida, I do FGCU, I do everything that deals with


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the Department of Revenue. But this particular

case -- and I've worked with Vee for years. This

particular case deals with a March 2, 2017

incident. There is a cafeteria here on site called

SoVi, and what it is is she's a worker there. Now,

she's not a worker for FGCU, the entity she worked

for is Compass Group.

What happened was she -- there's a table, and

we'll just use this table as an example. There's

two outlets that come out of the ground, and in

reality you would think the outlets would be flush

on the floor, but it makes sense to me it's not,

because if you mop, the water would get in there.

So they're lifted. If you've ever done any

electrical work, you have a box where you plug your

stuff in. So it's a raised box, and they're under

the table.

And I took her deposition. As you cut the

meat for the students or whoever else, the table

moves. It's since been bolted down, which won't

come into evidence, because it's a remedial

measure. But the table moved, and she complained

about the outlets, and she tripped. She has a

legitimate injury. She broke her patella, which is

a fancy word for kneecap, and she has two screws


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and a wire in there.

So FGCU, Board of Trustees, the correct

entity, doesn't pay for that, but work comp pays

for that. So it's about 30 grand. But it's a

legitimate injury. The real question is

liability-wise how much can we push on her. Like

you knew it was there, you worked there for eight

years, you know. But the table moved and, you

know, it's a legitimate injury.

So here is where we are in the litigation.

I've taken her deposition, we've sent discovery,

they've sent some to us. It's Joe North. If you

know Joe North, you've seen his billboards in

certain areas of town. He tends to settle for a

little less than the average person. But he's not

a bad lawyer. He'll try it, just like I will.

So that's kind of where we're are. So 30

grand for the work comp that we have to pay back,

that can be negotiated. The case is probably worth

$50,000 or $60,000, depending on how much

comparative negligence we can put on her for

knowing it was there. Now, again, people complain

that they shouldn't have been up there, and that's

going to be the issue.

Do you guys have any questions.


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TRUSTEE EIDE: Are raised outlets code

compliant? Is that where it's supposed to be?

MR. KRATOCHVIL: No, they're not supposed to

be that way.

TRUSTEE FOGG: Why isn't our workmen's comp

policy dealing with this?

MR. KRATOCHVIL: So what happens when you have

a -- her work comp is paying her medical bills, but

we're the third party. So I'll give you an

example. I'm driving a car, a truck for Coca-Cola,

and I get in an accident, Coke is going to pay my

bills. But the person that hit me, I get to sue.

And that's the difference.

TRUSTEE FOGG: So this is what, pain and

suffering, or it's damages beyond what are

out-of-pocket expenses --

MR. KRATOCHVIL: Correct. The verdict form

will say past medicals --

TRUSTEE FOGG: And our insurance doesn't cover

that?

MR. KRATOCHVIL: Through the risk policy

through Tallahassee, it would cover it.

TRUSTEE FOGG: So I'll ask my same question.

Why aren't they defending the suit instead of us?

MR. KRATOCHVIL: I guess I'm not understanding


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what you're saying.

TRUSTEE FOGG: It's not complicated. Either

the insurance company is liable or FGCU is liable.

MR. KRATOCHVIL: They're one and the same.

TRUSTEE FOGG: Are we self-insured, is that

what you're saying?

MR. KRATOCHVIL: Yes.

TRUSTEE FOGG: That would have been a good

answer.

MR. KRATOCHVIL: It flows through Tallahassee

through Risk Management.

TRUSTEE K. SMITH: So how does her employer

play into this? What is our agreement with

Compass? Do they lease the space from us? Are

they just a third-party provider, and we're -- I

mean, I don't understand. Where are they at in

this?

MR. KRATOCHVIL: It's our property. So yes,

they lease a spot. But we built it.

TRUSTEE ROEPSTORFF: Was a complaint made to

an FGCU employee, official, administrative, or was

it made to her employer?

MR. KRATOCHVIL: It went to her boss. Her

name is Brittany.

TRUSTEE ROEPSTORFF: Which is not our


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employee?

MR. KRATOCHVIL: Correct. And they wanted to

fix it, and we didn't.

TRUSTEE ROEPSTORFF: Well, I guess that's my

question. Who put FGCU on notice, and how is that

documented --

MR. KRATOCHVIL: So what happens is when you

have --

TRUSTEE ROEPSTORFF: -- when she made

complaints?

MR. KRATOCHVIL: Right. So she told her boss

to try to fix the outlet. It's our property, we

didn't fix it.

TRUSTEE ROEPSTORFF: I know, but --

TRUSTEE PRICE: Did Brittany tell FGCU, or did

she just tell her boss, and it stayed there and her

boss never told --

MR. KRATOCHVIL: Yes, that was my

understanding, is that she told Brittany, and they

were trying to fix it. It was in the works of

getting fixed.

TRUSTEE K. SMITH: So how are we negligent or

liable when we were -- they were trying to fix it?

I'm still confused as to --

MR. KRATOCHVIL: It's our property. It would


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be like if I'm driving your car and I hit somebody,

I'm getting sued and you're getting sued.

TRUSTEE FOGG: How relevant is the fact that

this box was not code compliant?

MR. KRATOCHVIL: Well, what happens under the

statute, it says that's actually presumed

negligence.

TRUSTEE FOGG: So they've got a good case, in

other words?

MR. KRATOCHVIL: Vee and I have talked about

that.

TRUSTEE FOGG: So what are we deciding? Is

this just an update?

MR. KRATOCHVIL: Yes, sir.

TRUSTEE FOGG: No request for settlement

authorization?

MR. KRATOCHVIL: Correct. What happened is we

have mediation before September, and I was invited

to come and talk about the case a little bit. And

if it's resolved, I'll work with Tallahassee

through Risk Management and resolve it.

TRUSTEE FOGG: What's our maximum exposure?

MR. KRATOCHVIL: $200,000.

TRUSTEE FOGG: I thought it was less than

that.


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MR. KRATOCHVIL: What happens is under Florida

statutes the State is allowed to get sued, and when

I say the State, I mean this is a State entity,

whether they're troopers, or UF, or Department of

Revenue, there's a maximum amount that they can sue

us for.

TRUSTEE FOGG: How much have they sued us for?

MR. KRATOCHVIL: Technically $15,000, because

that's how you get to court.

TRUSTEE FOGG: Then it gets into the court,

and he can change the claim?

MR. KRATOCHVIL: So what happens is small

claims is zero to $5,000. County court is $5,001

to $15,000. And then circuit court. So he's

claiming $15,000. They demanded $175,000. We said

no. We didn't even counteroffer. So we've done

discovery, I've taken her deposition. She's a

decent person.

TRUSTEE FOGG: So they're going to court, and

then they can say, by the way, we want $150,000?

MR. KRATOCHVIL: I can't make them be

reasonable. I can tell you what I think the case

is worth, and I think my evaluation is correct.

But they're capped under the statutes of what they

can get.


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TRUSTEE FOGG: You said $200,000?

MR. KRATOCHVIL: Correct. In reality, if we

go to trial and they get five million, we're going

to write a check for -- they're not going to get

five million. But to play out your scenario, we

would write a check for $200,000. They can then go

in front of the legislature, and say we want a

claims bill for the other $4.8 million. This is

not one of those cases. This is not a small child

that's been -- you know.

TRUSTEE ROEPSTORFF: So are you asking us

today -- because you're going to go in mediation,

are you asking us today would we settle and what

would that dollar amount be, to give you some

ammunition to go in, is that what this is about?

VICE PRESIDENT LEONARD: Yes, I'm trying to

get feedback. Because mediation hasn't been

scheduled yet, but we do know we will have to go.

And I'm trying to gauge the threshold, the

tolerance for this Board for this settlement. The

$15,000 has to be pled for her to get to circuit

court. But that is in no way an indication of the

amount she's willing to settle for.

TRUSTEE FOGG: Does it help you in mitigation

to be able to say, we've discussed this with our


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Board, and I'm authorized only to go to 50 grand,

or something like that?

TRUSTEE K. SMITH: But what have they asked

for --

TRUSTEE FOGG: Wait a minute. Let me have

them answer that question.

MR. KRATOCHVIL: Yes. All that is --

TRUSTEE FOGG: We're trying to get to what do

you want us to do, maybe I should ask that.

MR. KRATOCHVIL: I'll be honest. I'm not sure

if Risk really needs --

VICE PRESIDENT LEONARD: Legally Risk can

settle the case without us. But if we have to sign

a settlement agreement as the Board of Trustees,

I've spoken with Risk many times on this issue, and

they want us to both be on the same page. They

don't want to settle something that we want to

fight. But they could.

So I am trying to find out from the Board if

they come to us within, let's say, between $50,000

and $75,000, would you all be -- would that be

palatable? Would you say absolutely no, we don't

want to settle, we want to fight this? I'm just

trying to gauge where you are.

TRUSTEE GABLE: When do you anticipate


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mediation?

MR. KRATOCHVIL: The case management says by

September. So we'll probably have it set by

August. And there's not that much left to do in

the case. We took the lady's deposition, she comes

across pretty nice. She has a legit injury. It's

all about the comparative -- on the verdict form,

when you actually -- I don't know if you're a

lawyer or --

TRUSTEE GABLE: I'm not.

MR. KRATOCHVIL: On the verdict form the first

question is is there something we did wrong? If it

says -- if you check no, it says -- I'm not sure if

you have ever been on a jury before. If you check

no, it says go to the end of the form, the case is

over. If you check yes, there's something we did

wrong, we should not have had that box like that,

then you have comparative fault. Was she a dummy

to some extent, you know, 10 ten percent or 20

percent, did she know it was there, and then you

start doing numbers and start doing math. So

that's where we are.

TRUSTEE McDONALD: What account would this

check come from that we do write?

VICE PRESIDENT LEONARD: The University would


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not pay for that, that would be paid from the

State, from our Risk --

TRUSTEE GABLE: It is important for everyone

to remember that the State can go ahead and

settlement this. It really is theoretically kind

of out of our hands.

MR. KRATOCHVIL: I don't want to be the bad

messenger here, but reality is Tallahassee could

say, hey, we want to get rid of this one, and

here's 50 grand to go away. But what they want is

are you all okay with it?

TRUSTEE FOGG: Why isn't the simple answer

we're okay with whatever you're okay with?

TRUSTEE GABLE: I'm fine with that.

MR. KRATOCHVIL: Except for you don't want to

get sued over and over and over.

TRUSTEE K. SMITH: Yeah, Joe. So there's a

history here, because there was some cases that

were brought before us that were obviously not --

didn't have much merit to them.

MR. KRATOCHVIL: Are those the mold cases we

had before?

TRUSTEE K. SMITH: Yes, and the Board said we

don't want to settle. In this case what I hear you

saying is we had a plug that was not right, it


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didn't meet code, was above ground, she

legitimately tripped, she legitimately hurt her

knee --

MR. KRATOCHVIL: She broke her kneecap.

MR. K. SMITH: She broke her kneecap. I don't

know what a kneecap is worth or what her injury is.

TRUSTEE FOGG: See, that's the thing.

Obviously we're at fault, this isn't a frivolous

lawsuit. We shouldn't be unfair and dumb about it.

But what this is worth in Florida courts is a

professional opinion I'm not qualified to make, and

I don't think anybody other than these two are.

TRUSTEE K. SMITH: I agree. But that's why in

the past we've said no, no, no, we don't want to

settle. You've got to do what you've got to do.

MR. KRATOCHVIL: I appreciate your time.

TRUSTEE S. SMITH: The only question I have is

it doesn't sound to me like we've solved the

problem. Nailing down, bolting down the tables is

an interesting way to do it, but we still have an

obvious code violation that I think we probably

should -- and I don't think I'm asking William, but

I think from the University standpoint we ought to

take a look at that.

MR. KRATOCHVIL: That's a smart idea.


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TRUSTEE K. SMITH: And do we have more of

these that we don't know about?

TRUSTEE FOGG: I would have thought we would

have already done that. I didn't even think to ask

that.

VICE PRESIDENT LEONARD: Well, that is

something that will be handled by Facilities.

PRESIDENT MARTIN: We'll follow up to see if

we have other cases like it, and if so, what we do

about it.

TRUSTEE GABLE: I'd like to think that those

have all been taken care of.

TRUSTEE ROEPSTORFF: Well, it would be nice.

TRUSTEE GABLE: I think we're good. I think

you have your marching orders.

MR. KRATOCHVIL: Yes, sir.

PRESIDENT MARTIN: If it makes sense, do it.

VICE PRESIDENT LEONARD: That's it for

Pinckney.

(Proceedings concluded.)


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17

ERRATA SHEET

DO NOT WRITE ON TRANSCRIPT - ENTER CHANGES HERE

In Re: Executive Session (Linda Pinckney)

PAGE & LINE CHANGE REASON

Under penalties of perjury, I declare that I have read my deposition and that it is true and correct subject to any changes in form or substance entered here.

Dated: Signed:


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ITEM: __10__


SUBJECT: Carryforward Funds for Fiscal Year ended June 30, 2020


Approval of Carryforward Funds

BACKGROUND INFORMATION Each year the University is required to submit to the Board of Governors the intended uses of the Carryforward balances. Carryforward is a state term for cash balance of the Educational and General Revenue Funds (E&G) of the University. These funds are composed of State Appropriations, Lottery Money, and Tuition. These are the first three line items on your budget reports. There is a statutorily required reserve of 7% of the E&G Operating Budget.

Supporting Documentation Included: Carryforward Funds June 30, 2020 Prepared by: Vice President for Administrative Services and Finance, and Executive Director of FGCU Financing Corporation Steve Magiera Legal Review: N/A Submitted by: Vice President for Administrative Services and Finance, and Executive Director of FGCU Financing Corporation Steve Magiera


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Projected Carryforward Funds

June 30, 2020

Projected Carryforward Funds (Cash Balance) at June 30, 2020 $22,097,116

Uses of Funds:

Statutory Reserve Requirement – 7% of current Budget $12,120,916 Operating Budget 2021—Provide flexibility in the Operating Budget 9,638,612 World Class Faculty – State appropriation 337,588

Total Use of Funds: $22,097,116 Note: In an effort to allow for maximum budget flexibility we are placing $9.6 million of the Carryforward Funds into the operating budget. If things turn out well for us as far as state funding and tuition, we will be back to ask you to reassign some of the Carryforward Funds to the renovation projects we have placed on hold.


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ITEM: __11__


SUBJECT: Regulation: FGCU-PR7.001 Tuition & Fees


(1) Approve amendments to Regulation FGCU-PR7.001, Tuition & Fees; and (2) authorize the University to promulgate the Tuition and Fee Regulation under the Florida Board of Governors Regulation Development Procedures.

BACKGROUND INFORMATION Sections 1001.706 and 1009.24, Florida Statutes, and the Florida Board of Governors (BOG) Regulation 1.001 require the FGCU Board of Trustees to establish tuition and fees for the University, in accordance with BOG’s regulations. The proposed amendments to Regulation FGCU-PR7.001 Tuition and Fees, attached hereto as supporting documentation, do not impose an increase for tuition and fees. In addition, the regulation recommences the tuition waiver of $1.75 per credit hour adopted last fiscal year resulting in the same tuition cost to students. The regulation also implements an increase in the repeat course fee to $193.86 as authorized by the BOG. In accordance the BOG Regulation Development Procedure, the Regulation changes will become effective upon approval of the BOG or sixty (60) days after being submitted to the BOG for approval, whichever is earlier, unless the BOG disapproves the Regulation.

Supporting Documentation Included: (1) Summary Memo, and (2) Notice and Text Regulation FGCU-PR7.001 Tuition and Fees Prepared by: University Controller June Gutknecht Legal Review: Vice President and General Counsel Vee Leonard (May 4, 2020) Submitted by: Vice President for Administrative Services and Finance, and Executive Director of FGCU Financing Corporation Steve Magiera


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SUBJECT: Regulation FGCU-PR7.001 Tuition & Fees

DATE: June 9, 2020

Every year the FGCU Board of Trustees is required to approve the Tuition and

Fees for the upcoming year. The only changes or items of note are as follows:

1) Page 1 of 9 – Tuition Waiver FY 21. Continuation of the $1.75 waiver. The

FGCU Board of Trustees established the credit in fiscal year 2013-2014.

2) Page 2 of 9 – Repeat Course Fee. The directive of the Board of Governors,

the fee is being increased from $192.85 to $193.86. A repeat course fee is

charged when a student enrolls in the same undergraduate course more

than twice.


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FLORIDA GULF COAST UNIVERSITY

NOTICE OF REGULATORY ACTION

GC472431

REGULATION TITLE: Tuition and Fees

REGULATION NO:

7.001 SUMMARY:

This Regulation is being amended to recognize the continuation of the Tuition Waiver for FY21 and to incorporate the increase in the Repeat Course Fee.

FULL TEXT:

The full text of the regulation being proposed is attached and can also be found at https://www.fgcu.edu/generalcounsel/regulations/

AUTHORITY:

Sections 1004.07, 1009.01, 1009.21, 1009.24, 1009.26, 1009.27, 1009.28, 1009.285, Florida Statutes; Board of Governors Regulation 7.001

OFFICIAL INITIATING THE PROPOSED/REVISED REGULATION:

David Vazquez, Assistant Vice President, University Budgets UNIVERSITY OFFICIAL APPROVING THE PROPOSED/REVISED REGULATION:

Steve Magiera, Vice President for Administrative Services and Finance CONTACT INFORMATION REGARDING THE PROPOSED/REVISED REGULATION:

Todd Caraway Office of the General Counsel 10501 FGCU Blvd. S., Fort Myers, FL 33965-6565 (P): 239.590.1101 | (F): 239.590.7470 | Email: [email protected]

Any person may submit written comments concerning a proposed regulation, amendment, or repeal to the contact person identified above within 14 days after the date this notice was posted. The comment(s) must identify the regulation to which you are commenting.

THIS NOTICE WAS POSTED ON THE FGCU WEBSITE ON MAY 8, 2020.


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https://www.fgcu.edu/generalcounsel/regulations/


REGULATION: FGCU-PR7.001

Tuition and Fees

Effective Date of Regulation

July 11, 2019

Florida Gulf Coast University Page 1 of 9 Regulation 7.001 Tuition and Fees GC472423

A. General

Tuition and fees assessed by the University shall be in accordance with the General Appropriations Act and the regulations and policies of the Board of Governors.

B. Tuition and Fees

1. Tuition and Fee Schedule

The University shall assess the following tuition and fees per credit hour for each regularly enrolled student, depending on whether a student is a resident or non-resident of the State of Florida, unless provided otherwise by law or in this Regulation:

Undergraduate Graduate

Tuition/Fee Resident Non-Resident Resident Non-Resident

Tuition 105.07 709.65 290.60 1,173.73

Tuition Differential Fee 36.38 36.38

Financial Aid Fee 5.25 35.46 14.52 58.67

Transportation Fee 5.95 5.95 5.95 5.95

Parking Decal Fee 2.75 2.75 2.75 2.75

Capital Improvement Trust Fund Fee 6.76 6.76 6.76 6.76

Activity and Service Fee 11.50 11.50 11.50 11.50

Athletic Fee 13.54 13.54 13.54 13.54

NCAA Athletic 4.00 4.00 4.00 4.00

Health Fee 9.24 9.24 9.24 9.24

Technology Fee 5.25 5.25 14.52 14.52

Tuition Waiver FY210 (1.75) (1.75)

Total Per Credit Hour $ 203.94

$ 838.73

$ 373.38

$ 1,300.66


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2. Repeat course fee

A student enrolled in the same undergraduate college credit course more than twice shall be assessed an additional $ 193.86192.85 per credit hour charge for each such course.

3. Excess hour fee

a. All state university undergraduate students who entered a postsecondary

undergraduate program at any Florida public institution of higher education for the first time in fall 2009 or thereafter and prior to fall 2011 shall pay an excess hour fee equal to 50 percent of the undergraduate tuition for each credit hour in excess of 120 percent of the number of credit hours required to complete the baccalaureate degree program in which the student is enrolled.

b. All state university undergraduate students who entered a postsecondary

undergraduate program at any Florida public institution of higher education for the first time in fall 2011 or thereafter shall pay an excess hour fee equal to 100 percent of the undergraduate tuition for each credit hour in excess of 115 percent of the number of credit hours required to complete the baccalaureate degree program in which the student is enrolled.

c. All state university undergraduate students who entered a postsecondary

undergraduate program at any Florida public institution of higher education for the first time in fall 2012 or thereafter shall pay an excess hour fee equal to 100 percent of the undergraduate tuition for each credit hour in excess of 110 percent of the number of credit hours required to complete the baccalaureate degree program in which the student is enrolled.

C. Payments on Accounts Due the University

Charges against a student's account for loss or breakage of University equipment, lost books, library, or parking fines, and other related charges are due immediately. University policy prohibits registration or release of transcript and diploma for any student whose account with the University is delinquent.

D. Registration

Registration occurs when a student: 1. Selects one (1) or more credit courses approved and scheduled by the University; and,

2. Pays tuition and fees, partial or otherwise, or makes other appropriate arrangements for

tuition payment (installment payment, deferment, or third-party billing) for the courses in which the student is enrolled as of the end of the drop/add period. The University does not have a plan for installment payment of fees.


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E. Payment

Tuition and registration fees must be paid in full by the payment deadline date designated in the Academic Calendar as the "last date to pay fees" for each term. Payments shall be made at the Office of the Bursar, University website, or by mail and received no later than that date. The President or designee will extend the deadline for fee payment when payment by the student is delayed due to University action or inaction.

F. Liability for Payment of Tuition

Liability for payment of tuition is incurred at the point at which the student has completed registration. Students are liable for all fees associated with all courses in which they are registered at the end of the drop/add period.

G. Cancellation of Registration

A student's course schedule shall be canceled when tuition has not been paid or when arrangements for payment have not been made through the Office of Financial Aid and Scholarships or the Office of the Bursar. Students are liable for tuition and fees associated with all courses in which they are registered at the end of drop/add period. A student who has not made any effort to pay their tuition and fees by the published deadline will have all courses canceled. A student whose course schedule has been canceled cannot thereafter attend classes and will not obtain credit for courses. A student whose course schedule has been canceled will be mailed written notice of cancellation from the Office of Records and Registration to his or her last known address on record and be given a deadline by which he or she may apply for reinstatement. A student who makes an effort to pay, including, but not limited to, partial payments by credit card, check, or cash, any type of financial aid or scholarship, grants, waivers, third party contracts, Florida Bright Futures, and Florida Pre-paid, by the published deadline will not be cancelled from all courses and are considered fee liable.

H. Reinstatement

Students may seek reinstatement of their course schedule by following the procedures outlined in this subsection. 1. Requests for Reinstatement

A request for reinstatement must be presented in writing to the Office of Records and Registration by the deadline given on the notice of cancellation mailed to the student. The request for reinstatement must include all documentation supporting the request. The Reinstatement Appeals Committee will evaluate the request based upon the criteria contained in this rule and notify the student in writing of its decision.


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2. Reinstatement Appeals Committee A student whose course schedule has been canceled for non-payment may apply for reinstatement of the course schedule to the Reinstatement Appeals Committee. The Committee shall consist of at least three (3) staff members appointed annually by the President, and one (1) student appointed by the FGCU Student Government. The Committee shall meet as required between the published last day to pay fees and six (6) months after the end of the term for which the reinstatement is requested. The decision of the Committee shall be final.

3. Criteria for Reinstatement

a. In evaluating a request for reinstatement, the Committee shall apply the following

criteria:

1) Reinstatement shall be granted where it is demonstrated that the student's registration was canceled through University error.

2) Reinstatement shall be granted where the student submits documentation

demonstrating that the student was prevented from making timely payment due to extenuating circumstances beyond the student's control. Examples of "extenuating circumstances" include:

a) A student was unavoidably out of town during the week prior to the last day to

pay fees, or

b) A student was ill and unable to make payment prior to the last day to pay fees.

3) If a student's reinstatement is approved by the Reinstatement Appeals Committee, they must be reinstated for all courses for which they were originally registered.

b. Where reinstatement is granted, the student shall take the written decision of the

Reinstatement Appeals Committee to the Office of the Bursar, pay the fees which are due, and complete the registration process with the Office of Records and Registration.

I. Late Registration Fee

1. A late registration fee of $100 shall be assessed by the University when registration is initiated after the close of the regular registration period.

2. The late registration fee shall be waived when:

a. The late registration was caused by a University error;


115


b. The student was unavoidably out of town on the last day to register (documentation must be provided);

c. The student was ill (documentation must be provided);

d. The course was closed and the student was required to wait until classes started

(written documentation from the instructor is required); or

e. The student was informed after the published last day to register that a course is necessary in order to graduate, be re-certified, or is a work-related requirement (appropriate documentation must be provided).

J. Late Payment Fee

A late payment fee of $100 shall be assessed by the University when:

1. A student pays his or her fees after the published "last day to pay fees", and has been approved for reinstatement pursuant to this rule; or

2. A dishonored check is redeemed after the last date to pay fees.

K. University Loan Program Service Charge

In lieu of interest, a $10 service charge will be assessed to any student participating in the University loan program regardless of the amount of the loan. Students utilizing the university loan program must sign a promissory note which obligates them to the total loan amount including the $10 service charge for each loan issued.

L. Tuition and Fee Appeals

Students may appeal the assessment of fees and request refunds of tuition and fees to the Fee Appeals Committee according to procedures set forth in this subsection.

1. Procedures

A student who seeks review of tuition or a fee assessed shall file a written appeal with the Office of Records and Registration. The appeal must set forth the basis for seeking a refund and attach all supporting documentation. An appeal must be filed no later than six (6) months following the last day of the term during which the respective tuition or fees were incurred. For the purpose of this Regulation, summer terms are considered as one (1) term.

2. Tuition and Fee Appeals Committee

The Tuition and Fee Appeals Committee shall consist of at least three (3) staff members who are appointed annually by the President, and one (1) student appointed by the FGCU


116


Student Government. The Committee shall meet as often as necessary to review and act upon appeals which come before it.

3. Committee Determinations

Each appeal will be initially reviewed by the University Registrar or designee. A decision will be made by the Office of Records and Registration according to criteria established by this Regulation. The decision shall be communicated in writing to the student within sixty (60) days from the date the appeal was filed with the University. The Tuition and Fee Appeals Committee shall consider only cases of those students who are appealing the initial decision made by the Office of Records and Registration. Students may appear in person before the Committee to present their appeal. The decision of the Committee is final.

4. Criteria for Determining Tuition and Fee Appeals

The criteria established by this Regulation shall govern decisions by the University Registrar and the Tuition and Fee Appeals Committee.

a. An appeal shall be granted when it is demonstrated that tuition or fees were paid as a

result of University error.

b. An appeal shall be granted when it is demonstrated that the student was prevented from timely withdrawal from the University due to extenuating circumstances beyond the student's control. Extenuating circumstances include death of the student; death in the immediate family (parent, spouse, child, sibling) of the student; illness of the student that is of long duration or severity, as confirmed in writing by a physician; or call to, or enlistment in, active military duty.

M. Refunds

Refunds will be processed and mailed to the address shown on the Office of Records and Registration’s files to all students whose fee accounts show an overpayment after the published last day to pay fees. Students due a refund will not be required to submit a refund request to receive their refund because it will be automatically calculated. If there is a balance due to the University in the accounts receivable system, that amount will be deducted from any refund due. In addition, students shall be entitled to refunds in the following circumstances:

1. 100 percent of tuition and course related fees will be refunded if notice of complete

withdrawal or course withdrawal from the University occurs prior to the end of drop/add period.

2. 25 percent of tuition and course related fees will be refunded if notice of withdrawal from

ALL courses from the University occurs prior to the deadlines as designated by the University or in the Academic Calendar for each term.


117


3. Students who receive financial aid and subsequently change their enrollment status and this action results in a refund, may have all or a portion of their refund returned to the Office of Financial Aid and Scholarships in accordance with the terms of their financial aid agreement.

4. 100 percent of tuition and course related fees if a student withdraws or drops a course due

to circumstances which are exceptional and beyond the control of the student. Requests for fee adjustments must meet one (1) of the conditions below to be considered:

a. Death of the student or immediate family member (parent, spouse, child, or sibling)

as confirmed by documentation indicating the student's relationship to the deceased. A death certificate is required.

b. Illness of student of such severity or duration to preclude completion of course(s).

Written confirmation by a physician required.

c. A situation in which the University is in error as confirmed in writing by the appropriate Vice President or other senior administrator.

5. In accordance with Regulation FGCU-PR4.002, Student Code of Conduct and Student

Conduct Review Process, Article C, relating to interim measures, a pro-rata portion of fees may be refunded.

N. Deferred Payment Status

Deferred payment status for tuition and registration fees will be granted upon application by the student on the following grounds:

1. Veterans

Veterans shall be entitled to deferment in accordance with the provisions of section 1009.27, Florida Statutes.

a. Each student granted a veteran's deferment shall sign a promissory note for the

amount of registration and tuition fees due. The promissory note must be presented to the Office of the Bursar before the published last day to pay fees. Failure to present the promissory note by the deadline will result in the student being assessed the $100 late payment fee. If the student does not present an authorized deferment to the cashier, including the $100 late fee, by the close of the fourth week of classes, the student's registration shall be canceled. The student may request reinstatement by presenting an authorized VA deferment promissory note along with a $100 late registration/late payment fee in lieu of full payment of tuition and registration fees. (See the procedure outlined in section H., Reinstatement.)

b. If an eligible student's educational benefits are delayed beyond the deferral period,

(end of term for which they are enrolled) the deferment will be extended upon request


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by the student with written verification from the granting entity that the student is eligible to receive benefits and that benefits are being processed for payment. Upon receipt of written verification, the Office of Records and Registration shall approve the deferment and any request for extension. Additional extensions may be similarly granted until such time that the student begins receiving educational benefits. Failure of the veteran to pay the amount of the authorized deferment by the due date or extended date, whichever is later, will result in the student being assessed the $100 late registration/late payment fee.

2. Third Party Billings

Deferment is permitted when formal contractual arrangements have been made with the University for payments by an approved third party. The President or designee is responsible for negotiating such third-party contracts.

3. Delay in Financial Aid Delivery

Deferral of tuition and fees is permitted for those students receiving financial aid from federal, state, or University assistance programs when delivery of the aid is delayed through circumstances beyond the control of the student. Failure to make timely application for such aid shall be insufficient reason to receive such deferral. The Assistant Vice President for Student Enrollment and Financial Services shall certify a student's eligibility for deferral to the University Controller or designee for each student for each academic term for which receipt of aid is delayed.

4. Extraordinary Circumstances

Extraordinary circumstances exist and the deferment has the approval of the President or his designee.

O. Withdrawal or Course Changes Due to Military Service

A student who is called to, or enlists in, active military service in the United States Armed Forces may choose to withdraw from the University or any course(s) with a full refund of tuition and fees paid and without academic penalty. In the alternative, a student may elect not to withdraw and to complete the course(s) at a later date. A student who elects to complete the course(s) at a later date shall re-enroll and begin completion of the course(s) requirements no later than within six (6) months after discharge or release from active military duty.

1. Notification of withdrawal or course change(s) due to military service shall be made to

the Office of Records and Registration as soon as practicable. The student, or a representative of the military service on the student's behalf, shall provide verification of the official active duty orders or discharge to the Office of Records and Registration.

2. The transcript of a student will be annotated to reflect that the above withdrawal or

course change(s) is due to active military service.


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3. A student living in University housing or registered for a meal plan will receive a pro rata refund of fees paid based on the date of withdrawal or the date of election to complete the course(s) at a later date, or the terms of the meal plan.

4. The student is responsible for returning any outstanding library materials and University

equipment, and for the payment of any parking fines assessed by the University. Authority

Section 1004.07, Florida Statutes Sections 1009.01, 1009.21, 1009.24, 1009.26, 1009.27, 1009.28, 1009.285, Florida Statutes BOG Regulation 7.001, Tuition and Associated Fees

History of Regulation

New 11/13/05; Amended 06/29/06; Amended 06/19/07; Amended 07/27/07; Amended 06/17/08, Amended 10/27/08; Amended 06/29/09; Amended 06/15/10; Amended 07/05/11; Amended 06/21/12; Amended 06/19/13; Amended 06/18/14; Amended 06/11/15; Amended 06/10/16; Amended 07/19/17; Amended 06/06/18; Amended 07/11/19; Amended __________

Approved by Florida Gulf Coast University Board of Trustees

June 19, 2019__________ Approved by the Florida Board of Governors

July 11, 2019__________


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ITEM: __12__


SUBJECT: 2020-2021 Operating Budget


Approve FGCU 2020-2021 Operating Budget

BACKGROUND INFORMATION 1. Approve FGCU 2020-2021 Operating Budget. 2. Delegate to the University President the ability to amend the Sponsored Research and Financial Aid Budgets in accordance with funding and awards that may be received during the fiscal year. 3. Delegate to the University President operating budget amendment authority, not to exceed 5% of the total operating budget less Sponsored Research and Financial Aid budgets, subject to the availability of resources. 4. The University President or his designee shall report on fiscal operations, amendments, and variances from the budget to the Board at normally scheduled meetings.

Supporting Documentation Included: (1) Summary Memo, and (2) 2020-2021 Operating Budget Prepared by: Assistant Vice President for University Budgets David Vazquez Legal Review: N/A Submitted by: Vice President for Administrative Services and Finance, and Executive Director of FGCU Financing Corporation Steve Magiera


121



SUBJECT 2020-2021 Operating Budget

DATE: June 9, 2020

This summary will be different from summaries I have provided in the past. As of

this writing, the Governor has not yet signed the budget. Therefore, this budget

has been developed with a combination of 1) what we know 2) what is prudent to

speculate on and 3) what is prudent not to speculate on. All of this is done with

the overarching philosophy to create flexibility within the budget in order to be

able to adjust quickly to negative influences. I know this will be wordy but I think

it is important to discuss the budget line by line.

Revenues:

General Revenue and Lottery: FY20 $105,667,868. FY21 $110,199,869. This is

an increase of approximately $4.5 million. We combined these two-line items

because the Legislature often moves appropriations around in these two

categories and the important part is the combined net increase or decrease. Our

increase of $4.5 million is the result of a) an appropriation of $3 million for the

Water School (this will come up again on the expenditure side) b) .8 million

increase in Performance Base Funding and c) there is usually some sort of

increase in health insurance each year and this year it is about .7 million. This

amount is included in the expenditure side under salaries and benefits. We have

no indication at this time that there will be a veto by the Governor or any draw

back by the Legislature. It is prudent not to speculate on this issue.

Tuition & Fees: FY20 $58,520,724. FY21 $52,668,652. This is a decrease of

approximately $5.9 million. Our applications, admits and deposits do not show

that we will have a decrease for next year. This is where we felt it was prudent to

speculate and plan for a 10% decrease. The reduction is based on a gut feeling


122

and I hope we are wrong. It is much easier to put monies back into a budget than

it is to pull them out.

Carryforward: FY20 $0. FY21 $9,638,612. You will see a separate report on

Carryforward funds. We are projecting a year end carryforward of about $22.0

million and we are placing $9.6 million of it into the budget to a) make up for any

shortfalls of revenues and b) create an unallocated expense account to be used if

needed for drawbacks and other unforeseen campus issues as a result of the

virus.

Student Activity Revenue: FY20 $4,518,390. FY21 $4,066,551. This is a decrease

of approximately $.45 million. The reasons for this are the same as those listed in

Tuition and Fees above. The students have not had a chance to discuss cutting

the expense side of their budget but they have sufficient reserves to make up for

the current imbalance.

Athletic Revenue: FY20 $12,525,999. FY21 $11,825,000. We reduced Athletic

revenue $.7 million for a reduction in Athletic fees which is consistent with what

we have done with Tuition and Fees above.

Concessions: FY20 $527,000. FY21 $474,300. This is a decrease of approximately

$53,000. The reason is the same as listed in Tuition and Fees above.

Financial Aid Revenue: FY20 and FY 21 are the same because a) we are not sure

how many students will be here in the fall and even if we have less headcount,

the need might well be greater. We can adjust this line item as necessary as

better information becomes available.

Grant Associated Revenue: FY20 $12,079,181. FY21 $13,019,319. This is an

increase of approximately $.9 million. The revenue projections are provided by

the Sponsored Research office and they are based upon the best information

available in regards to funding we are expecting to receive.

Auxiliary Revenue: FY20 $51,335,975. FY21 $46,202,378. This is a $5.1 million

decrease. The primary drivers in the auxiliary revenues are housing, food service,

and bookstore. Our housing numbers, like our fall enrollment projections are

good, but we believe it is prudent to bring these down by 10% just like the Tuition

and Fees.


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Expenditures:

Salaries and Benefits: FY20 $147,364,576. FY21 $150,658,213. This is an increase

of $3.3 million. The reasons for this increase are as follows: a) we had about $1.5

million for World Class Faculty and Graduate Programs which have now been fully

implemented. We had the increase in the cost of health benefits of about $1

million for all funds (it was .7 in the E&G which was reported on the revenue

side). We had an increase in the Grant activity some of which is for salaries and

benefits.

Other Personal Services: FY20 $13,318,610. FY21 $12,953,540. This is a

decrease of $365,000. This is due to very few part time workers being employed

in the first couple of months of the new fiscal year.

General Expense: FY20 $53,564,516. FY21 $50,485,614. This is a decrease of

approximately $3.1 million. This is the result of two main factors a) we

implemented an across the board travel reduction of about 70% or $.75 million

and b) the President holds some funds ($2 million) for non-recurring items. These

funds were used this year but because of their non-recurring nature they are

available to be cut from General Expense to create more flexibility.

Capital Expenditures: FY20 $947,597. FY21 $700,394. This is a modest decrease

of about $.24 million. This is a very small line item.

Financial Aid/ Scholarship: FY20 $36,116,515. FY21 $36,116,515. There is no

change in this account for the same reasons listed under the Revenue section

above.

Library Resources: FY20 $1,582,309. FY21 $1,532,309. This is a modest decrease

of $50,000. Library Resources are for licenses to use data bases, etc. These

expenditures will not decrease in proportion to the number of students on

campus.

Unallocated, E&G Operations: FY20 $0. FY21 $7,805,792. This line has been

developed to capture all the funds unappropriated in an effort to create the

flexibility we previously discussed. We are prepared the best way we can to

handle negative influences on the finances of the University.


124

Water School: FY 20 $0 FY21 $3,000,000. As you saw in the first section, part of

our increase to General Revenue and Lottery is $3 million appropriated to the

Water School. At this time, we believe it is prudent not to allocate this money.

When we are confident that we will be able to use these funds, we will then

allocate them for the purposes for which they were intended.

Transfer to DSO: FY20 $18,487,530. FY21 $17,298,942. This is a decrease of

approximately $1.2 million. This reflects a projected decrease in our excess

revenue over expenditure for our Housing and Parking Services combined.

This budget was built to give us some flexibility in handling negative influences.

There are still many unknowns and we will be bringing to the Board any budget

amendments needed as things become clearer with the state budget and the fall

enrollment. You can expect updates at the September meeting.


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Operating Budget

Fiscal Year 20-21

Grand Summary

Summary of Revenues

FY 19-20

Amended

Budgeted

Revenues

FY 20-21

Budgeted

Revenues

Budgeted

Revenue

Through

July

Budgeted

Revenue

Through

August

Budgeted

Revenue

Through

September

Budgeted

Revenue

Through

October

Budgeted

Revenue

Through

November

Budgeted

Revenue

Through

December

Budgeted

Revenue

Through

January

Budgeted

Revenue

Through

February

Budgeted

Revenue

Through

March

Budgeted

Revenue

Through

April

Budgeted

Revenue

Through

May

Budgeted

Revenue

Through

June

General Revenue 96,128,817 99,280,619 8,250,219 17,374,108 25,812,961 34,043,324 41,717,716 49,888,511 58,615,277 67,124,437 73,964,061 82,124,928 92,776,419 99,280,619

Tuition & Fees 58,520,724 52,668,652 1,527,391 22,120,834 22,884,529 23,569,222 24,385,586 26,281,657 45,295,040 45,953,399 46,322,079 47,243,780 50,035,219 52,668,652

Carryforward - 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612

Lottery 9,539,051 10,919,250 - - - - - - - - 2,729,813 5,459,625 8,189,438 10,919,250

Student Activity Revenue 4,518,390 4,066,551 91,497 1,341,962 1,779,116 1,809,615 1,860,447 1,951,944 3,456,568 3,497,234 3,513,500 3,578,565 3,863,223 4,066,551

Athletic Revenue 12,525,999 11,825,000 248,325 2,335,438 3,074,500 3,192,750 3,506,113 3,784,000 6,267,250 6,562,875 6,799,375 7,095,000 8,868,750 11,825,000

Concessions 527,000 474,300 16,601 37,944 47,430 94,860 132,804 142,290 213,435 237,150 284,580 332,010 405,712 474,300

Financial Aid Revenue 33,465,000 33,465,000 217,523 2,995,118 13,720,650 14,724,600 15,059,250 15,477,563 25,098,750 25,433,400 28,612,575 29,114,550 31,791,750 33,465,000

Grant Associated Revenue 12,079,181 13,019,319 846,256 1,692,511 2,603,864 3,515,216 4,817,148 5,337,921 7,160,625 7,551,205 8,560,202 9,569,199 10,610,745 13,019,319

Auxiliary Revenue 51,335,975 46,202,378 2,541,131 12,012,618 18,249,939 20,329,046 21,715,117 23,101,189 36,961,902 39,272,021 41,351,128 43,083,717 44,931,812 46,202,378

Summary of Revenues 278,640,137 281,559,680 23,377,554 69,549,144 97,811,601 110,917,245 122,832,793 135,603,687 192,707,461 205,270,333 221,775,925 237,239,987 261,111,680 281,559,680

Summary of Expenditures

FY 19-20

Amended

Budgeted

Expenditures

FY 20-21

Budgeted

Expenditures

Budgeted

Expenditures

Through

July

Budgeted

Expenditures

Through

August

Budgeted

Expenditures

Through

September

Budgeted

Expenditures

Through

October

Budgeted

Expenditures

Through

November

Budgeted

Expenditures

Through

December

Budgeted

Expenditures

Through

January

Budgeted

Expenditures

Through

February

Budgeted

Expenditures

Through

March

Budgeted

Expenditures

Through

April

Budgeted

Expenditures

Through

May

Budgeted

Expenditures

Through

June

Salaries and Benefits 147,364,576 150,658,213 8,959,664 21,130,276 33,300,888 45,471,500 57,642,112 75,898,030 88,068,642 100,239,254 112,409,866 124,580,478 136,751,090 150,658,213

Other Personal Services 13,318,610 12,953,540 995,386 2,004,291 2,999,677 3,995,064 4,990,450 6,470,011 7,478,916 8,474,302 9,469,688 10,465,074 11,473,979 12,953,540

General Expense 53,564,516 50,485,614 5,006,347 8,978,456 12,363,148 16,248,680 21,048,388 24,929,687 28,375,037 30,936,508 33,137,472 36,452,498 42,031,962 50,485,614

Capital Expenditures 947,597 700,394 69,172 107,426 152,217 187,237 222,257 257,276 292,296 345,656 414,474 467,834 540,755 700,394

Financial Aid/Scholarship 36,116,515 36,116,515 1,576,893 3,170,621 16,147,167 16,881,290 17,303,149 17,666,329 30,833,556 31,564,388 31,835,808 33,086,881 34,218,859 36,116,515

Library Resources 1,582,309 1,532,309 383,077 456,628 482,677 612,924 735,508 842,770 1,041,970 1,133,909 1,179,878 1,271,816 1,333,109 1,532,309

State Required Reserve 1,829,561 - - - - - - - - - - - - -

Unallocated, E&G Operations 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792

Water School 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000

Transfer to DSO 18,487,530 17,298,942 5,448,771 5,511,066 5,573,360 5,667,454 5,729,748 5,792,043 13,321,507 13,325,107 13,385,025 13,472,427 13,542,345 17,298,942

Summary of Expenditures 273,211,214 280,551,319 33,245,102 52,164,557 81,824,928 99,869,940 118,477,404 142,661,938 180,217,715 196,824,916 212,638,004 230,602,800 250,697,891 280,551,319

Page 1 of 4


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Operating Budget

Fiscal Year 19-20

General Revenue

Education and General (E&G) Revenue

FY 19-20

Amended

Budgeted

Revenues

FY 20-21

Budgeted

Revenues

Budgeted

Revenue

Through

July

Budgeted

Revenue

Through

August

Budgeted

Revenue

Through

September

Budgeted

Revenue

Through

October

Budgeted

Revenue

Through

November

Budgeted

Revenue

Through

December

Budgeted

Revenue

Through

January

Budgeted

Revenue

Through

February

Budgeted

Revenue

Through

March

Budgeted

Revenue

Through

April

Budgeted

Revenue

Through

May

Budgeted

Revenue

Through

June

General Revenue 96,128,817 99,280,619 8,250,219 17,374,108 25,812,961 34,043,324 41,717,716 49,888,511 58,615,277 67,124,437 73,964,061 82,124,928 92,776,419 99,280,619

Tuition & Fees 58,520,724 52,668,652 1,527,391 22,120,834 22,884,529 23,569,222 24,385,586 26,281,657 45,295,040 45,953,399 46,322,079 47,243,780 50,035,219 52,668,652

Carryforward 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612 9,638,612

Lottery 9,539,051 10,919,250 - - - - - - - - 2,729,813 5,459,625 8,189,438 10,919,250

Carryforward 164,188,592 172,507,133 19,416,222 49,133,554 58,336,102 67,251,158 75,741,914 85,808,780 113,548,930 122,716,448 132,654,565 144,466,946 160,639,687 172,507,133

E&G Expense

FY 19-20

Amended

Budgeted

Expenditures

FY 20-21

Budgeted

Expenditures

Budgeted

Expenditures

Through

July

Budgeted

Expenditures

Through

August

Budgeted

Expenditures

Through

September

Budgeted

Expenditures

Through

October

Budgeted

Expenditures

Through

November

Budgeted

Expenditures

Through

December

Budgeted

Expenditures

Through

January

Budgeted

Expenditures

Through

February

Budgeted

Expenditures

Through

March

Budgeted

Expenditures

Through

April

Budgeted

Expenditures

Through

May

Budgeted

Expenditures

Through

June


Other Personal Services 7,883,226 7,620,989 586,230 1,172,459.92 1,758,690 2,344,920 2,931,150 3,810,495 4,396,725 4,982,954 5,569,184 6,155,414 6,741,644 7,620,989

General Expense 29,382,757 26,632,064 3,741,805 5,326,413 6,658,016 8,285,235 10,120,184 12,517,070 13,848,673 14,908,629 15,180,276 16,245,559 19,974,048 26,632,064


Financial Aid/Scholarship 1,226,985 1,226,985 392,635 490,794 515,334 544,045 552,143 552,143 920,239 920,239 999,747 1,042,937 1,114,593 1,226,985

Library Resources 1,582,309 1,532,309 383,077 456,628 482,677 612,924 735,508 842,770 1,041,970 1,133,909 1,179,878 1,271,816 1,333,109 1,532,309

State Required Reserve 1,829,561 - - - - - - - - - - - -

Unallocated, E&G Operations 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792 7,805,792

Water School 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000 3,000,000

Total E&G Expenditures 164,188,592 172,507,133 22,909,625 35,432,287 47,565,364 60,102,427 72,818,944 91,441,690 104,091,475 115,994,255 127,157,725 139,109,021 153,721,344 172,507,133

Page 2 of 4


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Operating Budget

Fiscal Year 19-20

Student Related Activities FY 19-20

Amended

Budgeted

Revenues

FY 20-21

Budgeted

Revenues

Budgeted

Revenue

Through

July

Budgeted

Revenue

Through

August

Budgeted

Revenue

Through

September

Budgeted

Revenue

Through

October

Budgeted

Revenue

Through

November

Budgeted

Revenue

Through

December

Budgeted

Revenue

Through

January

Budgeted

Revenue

Through

February

Budgeted

Revenue

Through

March

Budgeted

Revenue

Through

April

Budgeted

Revenue

Through

May

Budgeted

Revenue

Through

June

Student Related Revenues

Carryforward 4,518,390 4,066,551 91,497 1,341,962 1,779,116 1,809,615 1,860,447 1,951,944 3,456,568 3,497,234 3,513,500 3,578,565 3,863,223 4,066,551

Athletic Revenue 12,525,999 11,825,000 248,325 2,335,438 3,074,500 3,192,750 3,506,113 3,784,000 6,267,250 6,562,875 6,799,375 7,095,000 8,868,750 11,825,000

Concessions 527,000 474,300 16,601 37,944 47,430 94,860 132,804 142,290 213,435 237,150 284,580 332,010 405,712 474,300

Financial Aid Revenue 33,465,000 33,465,000 217,523 2,995,118 13,720,650 14,724,600 15,059,250 15,477,563 25,098,750 25,433,400 28,612,575 29,114,550 31,791,750 33,465,000

Total Student Related Revenues 51,036,389 49,830,851 573,945 6,710,461 18,621,696 19,821,825 20,558,614 21,355,797 35,036,003 35,730,659 39,210,030 40,120,125 44,929,435 49,830,851

FY 19-20

Amended

Budgeted

Expenditures

FY 20-21

Budgeted

Expenditures

Budgeted

Expenditures

Through

July

Budgeted

Expenditures

Through

August

Budgeted

Expenditures

Through

September

Budgeted

Expenditures

Through

October

Budgeted

Expenditures

Through

November

Budgeted

Expenditures

Through

December

Budgeted

Expenditures

Through

January

Budgeted

Expenditures

Through

February

Budgeted

Expenditures

Through

March

Budgeted

Expenditures

Through

April

Budgeted

Expenditures

Through

May

Budgeted

Expenditures

Through

June

Student Activities

Salaries and Benefits 1,607,121 1,706,369 131,259 262,518 393,777 525,037 656,296 853,185 984,444 1,115,703 1,246,962 1,378,221 1,509,480 1,706,369

Other Personal Services 839,975 900,022 69,232 138,465 207,697 276,930 346,162 450,011 519,243 588,476 657,708 726,941 796,173 900,022

General Expense 2,113,863 2,075,708 51,893 171,246 311,356 518,927 871,797 996,340 1,203,911 1,390,724 1,660,566 2,003,058 2,054,951 2,075,708

Capital Expenditures 22,000 - - - - - - - - - - - - -

Total Student Activities Expenditures 4,582,959 4,682,099 252,384 572,229 912,831 1,320,893 1,874,255 2,299,535 2,707,598 3,094,903 3,565,237 4,108,220 4,360,604 4,682,099

Intercollegiate Athletics

Salaries and Benefits 6,171,350 6,020,000 463,077 926,154 1,389,231 1,852,308 2,315,385 3,010,000 3,473,077 3,936,154 4,399,231 4,862,308 5,325,385 6,020,000


General Expense 3,668,699 3,350,000 234,500 536,000 938,000 1,340,000 1,658,250 1,909,500 2,177,500 2,428,750 2,730,250 2,948,000 3,182,500 3,350,000


Financial Aid/Scholarship 1,590,000 1,575,000 23,625 27,563 630,000 673,313 756,000 787,500 1,307,250 1,323,000 1,338,750 1,386,000 1,449,000 1,575,000

Total Intercollegiate Athletics Expenditures 12,515,999 11,825,000 788,894 1,625,101 3,160,308 4,136,389 5,068,096 6,147,000 7,465,519 8,263,288 9,111,308 9,907,077 10,735,346 11,825,000

FY 19-20

Amended

Budgeted

Expenditures

FY 20-21

Budgeted

Expenditures

Budgeted

Expenditures

Through

July

Budgeted

Expenditures

Through

August

Budgeted

Expenditures

Through

September

Budgeted

Expenditures

Through

October

Budgeted

Expenditures

Through

November

Budgeted

Expenditures

Through

December

Budgeted

Expenditures

Through

January

Budgeted

Expenditures

Through

February

Budgeted

Expenditures

Through

March

Budgeted

Expenditures

Through

April

Budgeted

Expenditures

Through

May

Budgeted

Expenditures

Through

June

Concessions

General Expense 236,000 236,000 20,060 82,600 89,680 113,280 115,050 132,160 145,140 153,400 165,200 184,080 205,320 236,000

Total Concessions Expenditures 236,000 236,000 20,060 82,600 89,680 113,280 115,050 132,160 145,140 153,400 165,200 184,080 205,320 236,000 #REF!

Financial Aid



Total Financial Aid Expenditures 33,465,000 33,465,000 1,185,537 2,715,593 14,989,630 15,678,667 16,036,704 16,394,741 28,629,336 29,371,333 29,563,870 30,749,407 31,782,963 33,465,000

FY 19-20

Amended

Budgeted

Expenditures

FY 20-21

Budgeted

Expenditures

Budgeted

Expenditures

Through

July

Budgeted

Expenditures

Through

August

Budgeted

Expenditures

Through

September

Budgeted

Expenditures

Through

October

Budgeted

Expenditures

Through

November

Budgeted

Expenditures

Through

December

Budgeted

Expenditures

Through

January

Budgeted

Expenditures

Through

February

Budgeted

Expenditures

Through

March

Budgeted

Expenditures

Through

April

Budgeted

Expenditures

Through

May

Budgeted

Expenditures

Through

June

Student Related Expenditures

Salaries and Benefits 7,778,471 7,726,369 594,336 1,188,672 1,783,008 2,377,344 2,971,680 3,863,185 4,457,521 5,051,857 5,646,193 6,240,529 6,834,865 7,726,369

Other Personal Services 2,190,925 2,145,022 163,962 341,442 505,404 669,366 833,328 1,065,752 1,243,232 1,407,194 1,571,156 1,735,117 1,912,598 2,145,022

General Expense 6,018,562 5,661,708 306,453 789,846 1,339,036 1,972,207 2,645,097 3,038,000 3,526,551 3,972,874 4,556,016 5,135,138 5,442,771 5,661,708



Total Student Related Expenditures 50,799,958 50,208,099 2,246,876 4,995,523 19,152,448 21,249,230 23,094,105 24,973,436 38,947,593 40,882,925 42,405,615 44,948,785 47,084,234 50,208,099

Page 3 of 4


128


Operating Budget

Fiscal Year 19-20

Grant and Auxiliary Activity

Grant and Auxiliary Revenues

FY 19-20

Amended

Budgeted

Revenues

FY 20-21

Budgeted

Revenues

Budgeted

Revenue

Through

July

Budgeted

Revenue

Through

August

Budgeted

Revenue

Through

September

Budgeted

Revenue

Through

October

Budgeted

Revenue

Through

November

Budgeted

Revenue

Through

December

Budgeted

Revenue

Through

January

Budgeted

Revenue

Through

February

Budgeted

Revenue

Through

March

Budgeted

Revenue

Through

April

Budgeted

Revenue

Through

May

Budgeted

Revenue

Through

June

Grant Associated Revenue 12,079,181 13,019,319 846,256 1,692,511 2,603,864 3,515,216 4,817,148 5,337,921 7,160,625 7,551,205 8,560,202 9,569,199 10,610,745 13,019,319

Auxiliary Revenue 51,335,975 46,202,378 2,541,131 12,012,618 18,249,939 20,329,046 21,715,117 23,101,189 36,961,902 39,272,021 41,351,128 43,083,717 44,931,812 46,202,378

Total Grant and Auxiliary Revenues 63,415,156 59,221,697 3,387,386 13,705,130 20,853,803 23,844,262 26,532,265 28,439,110 44,122,527 46,823,226 49,911,330 52,652,916 55,542,557 59,221,697

Carryforward

FY 19-20

Amended

Budgeted

Expenditures

FY 20-21

Budgeted

Expenditures

Budgeted

Expenditures

Through

July

Budgeted

Expenditures

Through

August

Budgeted

Expenditures

Through

September

Budgeted

Expenditures

Through

October

Budgeted

Expenditures

Through

November

Budgeted

Expenditures

Through

December

Budgeted

Expenditures

Through

January

Budgeted

Expenditures

Through

February

Budgeted

Expenditures

Through

March

Budgeted

Expenditures

Through

April

Budgeted

Expenditures

Through

May

Budgeted

Expenditures

Through

June

Grant Activities


Other Personal Services 1,000,164 988,389 76,030 152,060 228,090 304,120 380,150 494,195 570,224 646,254 722,284 798,314 874,344 988,389

General Expense 4,743,473 4,849,714 290,983 727,457 1,030,564 1,454,914 2,812,834 3,103,817 3,394,800 3,516,043 3,928,268 4,364,743 4,607,228 4,849,714

Capital Expenditures 17,627 24,414 - - 7,324 8,545 9,766 10,986 12,207 13,428 14,648 15,869 18,311 24,414

Scholarships 198,230 213,230 2,132 4,265 106,615 106,615 106,615 106,615 191,907 191,907 202,569 204,701 208,965 213,230

Total Grant Activities Expenditures 12,079,181 13,019,319 903,266 1,952,023 2,974,956 4,010,677 5,979,969 7,187,399 8,175,045 8,907,660 9,941,918 10,991,896 11,851,239 13,019,319

Auxiliary Activities


Other Personal Services 2,244,295 2,199,140 169,165 338,329 507,494 676,658 845,823 1,099,570 1,268,735 1,437,899 1,607,064 1,776,228 1,945,393 2,199,140

General Expense 13,419,724 13,342,128 667,106 2,134,740 3,335,532 4,536,324 5,470,272 6,270,800 7,605,013 8,538,962 9,472,911 10,707,058 12,007,915 13,342,128


Scholarships 1,300 1,300 - - 219 317 391 1,071 1,120 1,242 1,242 1,242 1,300 1,300

Transfer to DSO 18,487,530 17,298,942 5,448,771 5,511,066 5,573,360 5,667,454 5,729,748 5,792,043 13,321,507 13,325,107 13,385,025 13,472,427 13,542,345 17,298,942

Total Auxiliary Activities Expenditures 46,143,483 44,816,768 7,185,336 9,784,724 12,132,159 14,507,606 16,584,386 19,059,413 29,003,602 31,040,076 33,132,746 35,553,098 38,041,074 44,816,768

FY 19-20

Amended

Budgeted

Expenditures

FY 20-21

Budgeted

Expenditures

Budgeted

Expenditures

Through

July

Budgeted

Expenditures

Through

August

Budgeted

Expenditures

Through

September

Budgeted

Expenditures

Through

October

Budgeted

Expenditures

Through

November

Budgeted

Expenditures

Through

December

Budgeted

Expenditures

Through

January

Budgeted

Expenditures

Through

February

Budgeted

Expenditures

Through

March

Budgeted

Expenditures

Through

April

Budgeted

Expenditures

Through

May

Budgeted

Expenditures

Through

June

Grant & Auxiliary Activities


Other Personal Services 3,244,459 3,187,529 245,195 490,389 735,584 980,778 1,225,973 1,593,765 1,838,959 2,084,154 2,329,348 2,574,543 2,819,737 3,187,529

General Expense 18,163,197 18,191,842 958,089 2,862,198 4,366,096 5,991,238 8,283,107 9,374,617 10,999,813 12,055,005 13,401,179 15,071,800 16,615,144 18,191,842


Financial Aid/Scholarship 199,530 214,530 2,132 4,265 106,834 106,932 107,006 107,686 193,027 193,149 203,811 205,943 210,265 214,530

Transfer to DSO 18,487,530 17,298,942 5,448,771 5,511,066 5,573,360 5,667,454 5,729,748 5,792,043 13,321,507 13,325,107 13,385,025 13,472,427 13,542,345 17,298,942

Total Grant & Auxiliary Expenditures 58,222,664 57,836,087 8,088,602 11,736,748 15,107,115 18,518,284 22,564,355 26,246,812 37,178,647 39,947,736 43,074,664 46,544,994 49,892,313 57,836,087

Page 4 of 4


129

ITEM: __13__


SUBJECT: 2021-2022 Capital Improvement Plan Request


Approve 2021-2022 Capital Improvement Plan Request

BACKGROUND INFORMATION The Capital Improvement Plan (CIP) is submitted by each university and is designed as a mechanism for presenting additional academic and academic support facilities needed by each institution in the State University System during the subsequent five-year period. The BOG deadline for each university’s submission is July 1, 2020.

Supporting Documentation Included: (1) Summary Memo, and (2) 2021-2022 Capital Improvement Plan Request Prepared by: Vice President for Administrative Services and Finance, and Executive Director of FGCU Financing Corporation Steve Magiera Legal Review: N/A Submitted by: Vice President for Administrative Services and Finance, and Executive Director of FGCU Financing Corporation Steve Magiera


130

1



SUBJECT: 2021-2022 Capital Improvement Plan Request

DATE: June 9, 2020

This is the Capital Improvement Plan (CIP) for Fiscal Years 2021-2022 through

2025-2026.

• Priority 1 – The request for the Integrated Watershed and Coastal Studies

(previously known as Academic 9). Last year we requested a total of

$16,376,496. At this time, we anticipate an appropriation of $14,988,248.

If that amount is approved by the Governor, we will request the difference

of $1,388,248 for next year’s appropriation. If the $14,988,248

appropriation is partially or totally withheld, we will adjust our request

accordingly. Remember, last year the Board approved an appropriation of

$2,000,000 of our carryforward funds to the project.

• Priority 2 – The request for the Health Sciences building (previously the

Multipurpose Educational Facility) has increased from $59,193,144 to

$59,975,925 based on new construction cost data from the Board of

Governors. We have not received any funding to date for this project. Our

first-year request is $4,320,000 for planning and design.

• CITF Projects – We have completed Phase I of the University Recreation and

Wellness Center. We expect our last allotment towards that project to be

available in September. Student Government and the President have

approved two new projects as follows.


131

2

• CITF Priority 1 – Cohen Student Union Remodeling and Renovations. This

project is intended to improve the existing building and the adjacent

grounds for better student utilization. It includes improvements to selected

areas of the building, such as replacement of finishes, replacement of

furniture and reconfiguration of space. The total request is $6 million.

• CITF Priority 2 – University Recreation and Wellness Center Expansion. This

is a 50,000 square foot addition to the recently completed University

Recreation and Wellness Center. The total request is $21 million and the

first-year request is $2,000,000, for planning and design.

We are requesting approval of the 2021-2022 Capital Improvement Plan Request.


132

University: Contact:

PECO-ELIGIBLE PROJECT REQUESTS (ONLY)

Year 1 Year 2 Year 3 Year 4 Year 5

1

Integrated Watershed and Coastal Studies (Prev. Classrooms/Offices/Labs -Academic 9) (E) 1,388,248$ Water Studies 77,670 116,505 57,930,000$ $497 Nov-13 - 3.1

2Health Sciences (Prev. Multipurpose Education Facility) (P,C,E) 4,320,000$ 50,405,925$ 5,250,000$ Health Sciences 77,100 115,650 59,975,925$ $519 Dec- 17 - 3.1

Total: 5,708,248$ 50,405,925$ 5,250,000$ -$ -$

[email protected]

Gross Square

Feet (GSF)

Project Cost Per

GSF

(239) 590-1119(phone)

Educational Plant Survey

Recommended? (Date & Rec. #)Project Cost

State University System5-Year Capital Improvement Plan (CIP)

FY 2021-22 through 2025-26

Summary of Projects - PECO-Eligible Projects

Priority No. Project Title

Academic or Other

Programs to Benefit from

Project

Net Assignable

Square Feet

(NASF)

Projected Annual Funding

(name)Steve MagieraFlorida Gulf Coast University

(email)

Form CIP‐2A (Revised 2/26/20)


133


CITF PROJECT REQUESTS (ONLY)


1Cohen Student Union Remodeling and Renovations (P,C,E) 6,000,000$ Student Life 67,047 69,798 6,000,000$ $86 Jun-20

2University Recreation and Wellness Center Expansion (P,C,E) 2,000,000$ 18,000,000$ 1,000,000$ Student Life 40,000 50,000 21,000,000$ $420 Jun-20

Total: 6,000,000$ 2,000,000$ 18,000,000$ 1,000,000$ -$



Academic or Other


Project

Net Assignable

Square Feet

(NASF)

Florida Gulf Coast University Steve Magiera

Project Cost Per

GSFUniversity

Approval Date

(name) (phone) (email)[email protected]

Gross Square

Feet (GSF) Project Cost

(239) 590-1119


FY 2021-22 through 2025-26

Summary of Projects - CITF Projects

Form CIP‐2B (Revised 2/26/20)


134


SUPPLEMENTAL FUNDING OF PECO AND/OR CITF PROJECTS (ONLY)


Total: -$ -$ -$ -$ -$



Academic or Other


Project

Net Assignable Square Feet

(NASF)

Florida Gulf Coast University Steve Magiera

Project Cost Per

GSF

(name) (phone) (email)[email protected]

Gross Square

Feet (GSF) Project Cost

(239) 590-1119


FY 2021-22 through 2025-26

Summary of Projects - Supplemental Funding

Form CIP‐2C (Revised 2/26/20)


135

University: Project Title:

Project Address:

N/A

#VALUE!

N/A


FY 2021-22 through 2025-26

Project Detail

PROJECT NARRATIVE

Florida Gulf Coast University, 10501 FGCU Blvd. South, Fort Myers, FL 33965

Integrated Watershed and Coastal Studies (PREV. Classrooms/Offices/Labs - Academic 9)Florida Gulf Coast University

PurposeThe facility is intended to provide much needed research, teaching lab, and classroom space to support bench sciences with an emphasis on FGCU’s Water School initiative. FGCU is currently near capacity in its ability to offer lab courses and is short of space needed for dedicated research labs. Yet the demand for STEM and health education is ever-increasing both in terms of career choices among FGCU students and for the diversification of the region’s economy. The new facility will provide the space required for the offering of critically needed lab sections, state of the art research space to address the multi-dimensional complexity posed by issues of water quality, quantity, and conservation; and additional classrooms to support the growing number of STEM and Health students at FGCU.NeedJust this year alone four new STEM programs have been approved for implementation this fall. Two additional STEM programs are anticipated in the next two years. The goal is to move the proportion of total degrees awarded in STEM and Health from one-third to 40% in the next three years. Similarly, an increase in externally funded research associated with our focus on water quality and management is intended to result in a doubling of research expenditures within the next three years. Consequently, the new facility will directly or indirectly impact virtually all undergraduate students, i.e., roughly 14,000 and a good deal of FGCU’s graduate student population as well. But in particular it will benefit FGCU’s major thrust in STEM and Health education that together account for one-third of all FGCU degrees awarded. ScopeSince January FGCU has promoted the concept of the water school, integrating the various disciplines at FGCU leading efforts to challenge issues of water quality and management. Among these disciplines present at FGCU are environmental science, environmental engineering, biochemistry, chemistry, biotechnology, marine science, and environmental geology.Already this year FGCU has entered into an agreement with Mote Marine Laboratory to turn the tide in the battle against red tide, and recently FGCU was selected (along with UF and FIU) to provide scientific support services for the South Florida Water Management District to study water quality issues aimed at reducing pollution between Lake Okeechobee and Everglades National Park. Total funding available for these contracts is $4 millionUniversity’s Long-Term Strategic GoalsThe addition of AB9 will help address long-term institutional goals:• Regional sustainability (resolve the water crisis facing the region)• Economic diversification (further develop the high-tech position of the region)• Enhanced research productivity (develop a critical mass in a key area of applied research)• Meet the demand for STEM jobs (provide a highly educated workforce)Sustainability StrategiesThis project will pursue LEED Silver Certification.

1% RESERVE ESCROW [ per F.S. 1001.706 (12) c ]

Building / project value:

Comments: Per 2021-22 Fixed Capital Outlay Budget Request General Instructions, dated April 2, 2020, "This is applicable to new construction, remodeling or renovation that has not received an appropriation in a previous year; excludes maintenance projects." This project has received prior year appropriations, therefore no escrow is listed on this form.

Basis / source of valuation:

1st Year escrow deposit:

Escrow funding source:

Page 1 Form CIP‐3 (Revised 2/26/20)


136

15,600 1.5 23,400 325 7,596,342 10,000 1.5 15,000 350 5,248,200

6,000 1.5 9,000 326 2,934,000 39,070 1.5 58,605 416 24,402,536

4,500 1.5 6,750 234 1,582,538 2,500 1.5 3,750 315 1,179,488

- - - - - - - - - - - -

Total: 77,670 116,505 42,943,103 * Apply Unit Cost to total GSF based on Space Type

NASFBEFORE

NASFAFTER

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Total: - - - - -

77,670

ClassroomTeaching Lab

OfficeResearch LabInstruct. Media

42,943,103 Total New Const. &

Remodel / Renovation: 116,505

REMODELING / RENOVATION

Study

Remodeling Projects Only

NEW CONSTRUCTION

Space Type(per FICM) Building Cost

Net-to-Gross Conversion

Factor

Net Assignable Sq. Ft.(NASF)

Gross Sq. Ft.(GSF)

Unit Cost *(per GSF)

BUILDING SPACE DESCRIPTION



137

Year 1 Year 2 Year 3 Year 4 Year 5 TotalBasic Construction Costs

Building Cost (from above) 42,943,103 42,943,103 Environmental Impacts/MitigationSite Preparation 1,000,000 1,000,000 Landscape / Irrigaiton 200,000 200,000 Plaza / Walks 500,000 500,000 Roadway Improvements 50,000 50,000 Parking : spaces 50,000 50,000 Telecommunication 80,000 80,000 Electrical Service 800,000 800,000 Water Distribution 400,000 400,000 Sanitary Sewer System 300,000 300,000 Chilled Water System 1,100,000 1,100,000 Storm Water System 200,000 200,000 Energy Efficient Equipment

Subtotal: Basic Const. Costs 47,623,103 47,623,103

Other Project CostsLand / existing facility acquisitionProfessional Fees 2,900,000 2,900,000 Fire Marshall Fees 125,000 125,000 Inspection Services 90,000 90,000 Insurance Consultant 11,897 11,897 Surveys & Tests 150,000 150,000 Permit / Impact / Environmental Fees 30,000 30,000 Artwork 100,000 100,000 Moveable Furnishings & Equipment 3,111,752 1,388,248 4,500,000 Project Contingency 2,400,000 2,400,000

Subtotal: Other Project Costs 8,918,649 1,388,248 10,306,897

Total Project Cost: 56,541,752 57,930,000

Fiscal Year Amount2016-17 3,852,065 2017-18 12,701,439 2018-19 14,000,000 2019-20 9,000,000 2020-21 14,988,248 2020-21 2,000,000

Total: 56,541,752 57,930,000 1,388,248

Funding to Date

Total Project Cost

(from above)

PROJECT FUNDING

Projected CostsCosts Funded to Date

Remaining Funding Need

SourcePECOPECOPECOPECOPECOFGCU

PROJECT COMPONENT COSTS & PROJECTIONS



138


Project Address:

$ 35,000,000

$ 350,000

Construction Manager cost estimate for similar type and size university building (building insurable value).


FY 2021-22 through 2025-26

Project Detail

PROJECT NARRATIVE


Health Sciences (PREV. Multipurpose Education Facilities)Florida Gulf Coast University

PurposeFGCU is a major supplier of the health professions workforce for the region’s large and ever-growing healthcare industry. Specialized and dedicated teaching, technology, and research labs are critical components in the successful education of future practitioners. The discovery, testing and application of new therapies by faculty and students provide the nexus pivotal to improve the lives of millions of people living in Florida and beyond. These labs will meet the unique needs of multiple health-related disciplines offered by FGCU: physical therapy, nursing, advanced nurse practitioners at the doctoral level, physician assistant, occupational therapy, athletic training, behavioral health, social work, clinical laboratory, and public health; and enrich the interprofessional collaboration experience necessary to support future health care provider teamsNeedIn the last decade, FGCU has doubled the size of its enrollment in the Marieb College of Health and Human Services. It must continue to expand the ability to meet the demand for baccalaureate through doctoral practitioners in a variety of health fields. FGCU is poised to meet this demand but a lack of space impedes additional growth in our programs. Moreover, the health professions continue to evolve in complexity, both in terms of the technology involved in healthcare delivery, educational technology, and research technology to support efficacious treatments for populations. Data analytics, artificial intelligence and machine learning are critical to inform healthcare delivery, research, and educational outcomes. In recent years, advanced nurse practitioners have required the introduction of the doctor of nursing practice degree. These individuals help fill gaps in primary care coverage and behavioral health as the chronic shortage of primary care and behavioral health physicians continues to grow. In the last five years alone, total degrees awarded within the Marieb College have increased 61%. But still the shortage of healthcare workers persists as provider retirements loom and shrinking workforce supplies are unable to satisfy the demand. FGCU cannot meet the demands to increase the number of students it serves nor discover and employ the learning and research technology effectively without this facility.ScopeThe Health Sciences building will allow FGCU to continue to expand capabilities in research, teaching, practice, and enrollment in strategic ways to meet the unique needs of Southwest Florida. FGCU is embedded in its community and responsive to public/private partners that provide direct services to patients as well industries producing medical devices to promote the health and well-being of the region’s residents. Public health concerns that threaten the region such as co morbidities, access to care, healthy living, the emergence of new diseases, and health literacy are also a focus of interest. These foci have the potential to significantly increase external research funding and impact the community. In addition, FGCU also intends to address the needs of the senior living community and the special challenges faced with a rapidly aging population. Health tourism provides a link between these two key sectors of the region’s economy with seasonal visitors being major contributors to the region and state economy. FGCU is key to meeting all these challenges and will be a major contributor now, and in the future, as long as it can continue to grow in realignment with the provider industry to achieve success.University’s Long-Term Strategic GoalsThe addition of the Health Sciences facility will help address long-term institutional goals:• Regional sustainability (meet the healthcare needs of the region’s growing population)• Economic diversification (support a key regional industry)• Enhanced research productivity (develop alternative treatment strategies through applied research)• Meet the demand for Healthcare jobs (provide a highly educated workforce) Sustainability StrategiesThis project will pursue LEED Silver Certification.



Comments:

University Auxiliary






139

48,600 1.5 72,900 421 30,701,835 10,000 1.5 15,000 333 4,987,650

9,000 1.5 13,500 369 4,982,445 6,000 1.5 9,000 238 2,142,630 3,500 1.5 5,250 320 1,681,365

- - - - - - - - - - - - - - -


NASFBEFORE

NASFAFTER

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Total: - - - - -

77,100

Research LabOffice

Audio/Exhib.Instruct. Media

Study

44,495,925 Total New Const. &




NEW CONSTRUCTION



Factor


Gross Sq. Ft.(GSF)





140


Building Cost (from above) 44,495,925 44,495,925 Environmental Impacts/MitigationSite Preparation 1,000,000 1,000,000 Landscape / Irrigaiton 80,000 80,000 Plaza / Walks 100,000 100,000 Roadway Improvements 50,000 50,000 Parking : spaces 30,000 30,000 Telecommunication 100,000 100,000 Electrical Service 450,000 450,000 Water Distribution 200,000 200,000 Sanitary Sewer System 100,000 100,000 Chilled Water System 200,000 200,000 Storm Water System 200,000 200,000 Energy Efficient Equipment 1,000,000 1,000,000


Other Project CostsLand / existing facility acquisitionProfessional Fees 3,600,000 3,600,000 Fire Marshall Fees 130,000 130,000 Inspection Services 100,000 100,000 Insurance Consultant 10,000 10,000 Surveys & Tests 120,000 120,000 Permit / Impact / Environmental Fees 60,000 60,000 Artwork 100,000 100,000 Moveable Furnishings & Equipment 5,000,000 5,000,000 Project Contingency 200,000 2,400,000 250,000 2,850,000

Subtotal: Other Project Costs 4,320,000 2,400,000 5,250,000 11,970,000


Fiscal Year Amount- - - - - -

Total: - 59,975,925 59,975,925

Funding to Date

Total Project Cost

(from above)

PROJECT FUNDING



Source




141


Project Address:

N/A

#VALUE!

N/A


FY 2021-22 through 2025-26

Project Detail

PROJECT NARRATIVE


Cohen Student Union Remodeling and RenovationsFlorida Gulf Coast University

PurposeThe existing Cohen Student Union is vastly undersized for a campus with our student population. The purpose of this renovation would serve to maximize the existing space to shift from a transactional based facility to a more student-centered facility.NeedPresently, auxiliary operations and office space makeup much of the facility with minimal spaces available to serve students for gathering, relaxing, studying, etc. We would like to shift first floor spaces to serve these functions to attract more students into the facility. Increased usage and utilization would subsequently improve auxiliary operations as well.ScopeThe scope would involve renovating several locations on the first floor and converting office spaces into student gathering spaces. Office space also needs to be renovated on the second floor as well. This would include upgrades to technology in the building to make the meeting spaces more functional. In addition, the surrounding grounds need a redesign to more effectively serve the social and academic needs of the students.University’s Long-Term Strategic GoalsOne of the university’s five goals from the strategic plan are to enhance student success. Our university data also shows that commuter students underperform in key performance metrics versus our residential students. A campus student union often serves as the main facility for students to gather on campus, especially for commuter students. Investing heavily into our students will enhance the student experience and improve student engagement. This investment will lead to improved student success on our campus.Sustainability StrategiesThis project will incorporate strategic sustainable features to help lower energy and operating costs and will improve the overall interior and exterior environment for occupants.



Comments:

N/A

CITF project, not PECO






142

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Total: - - - * Apply Unit Cost to total GSF based on Space Type

NASFBEFORE

NASFAFTER

4,900,000 - - 67,047 67,047 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Total: 4,900,000 - - 67,047 67,047

4,900,000 - Total New Const. &

Remodel / Renovation: -



NEW CONSTRUCTION



Factor


Gross Sq. Ft.(GSF)





143


Building Cost (from above) 4,900,000 4,900,000 Environmental Impacts/Mitigation - Site Preparation - Landscape / Irrigaiton 50,000 50,000 Plaza / Walks 50,000 50,000 Roadway Improvements - Parking : spaces - Telecommunication 100,000 100,000 Electrical Service - Water Distribution - Sanitary Sewer System - Chilled Water System - Storm Water System - Energy Efficient Equipment 20,000 20,000


Other Project CostsLand / existing facility acquisition - Professional Fees 400,000 400,000 Fire Marshall Fees 20,000 20,000 Inspection Services 20,000 20,000 Insurance Consultant 10,000 10,000 Surveys & Tests 20,000 20,000 Permit / Impact / Environmental Fees 10,000 10,000 Artwork - Moveable Furnishings & Equipment 200,000 200,000 Project Contingency 200,000 200,000

Subtotal: Other Project Costs 880,000 880,000



Total: - 6,000,000 6,000,000

Funding to Date

Total Project Cost

(from above)

PROJECT FUNDING



Source




144


Project Address:

N/A

#VALUE!

N/A


FY 2021-22 through 2025-26

Project Detail

PROJECT NARRATIVE


University Recreation and Wellness Center ExpansionFlorida Gulf Coast University

PurposeThis project will provide additional facilities to help improve the physical and mental wellness and academic success of our students. It will also help FGCU improve student retention and continue to attract the best and brightest students.NeedWhile recently completed, the existing University Recreation and Wellness Center is significantly under-sized for the student population of our campus. For example, the existing facility usage has recently increased to approximately 1,200 patrons per day. We believe strongly the demand will continue to grow with a larger facility. This expansion would help provide the additional supporting amenities needed by our students.ScopeThis expansion will add a double gymnasium, an indoor running track, strength and fitness areas, a multi-use indoor court and other indoor and outdoor physical fitness areas to the existing facility.University’s Long-Term Strategic GoalsA comprehensive recreation and wellness center aligns with key university goals for student engagement and promoting the health and wellness of our community members. Research shows engaged and healthy students will lead to improved academic performance.Sustainability StrategiesThis project will pursue LEED Silver Certification.



Comments:

N/A

CITF project, not PECO






145

40,000 1.25 50,000 326 16,300,000 - - - - - - - - - - - - - - - - - - - - - - - - - - -


NASFBEFORE

NASFAFTER

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Total: - - - - -

40,000 16,300,000 Total New Const. &




NEW CONSTRUCTION



Factor


Gross Sq. Ft.(GSF)





146


Building Cost (from above) 16,300,000 16,300,000 Environmental Impacts/MitigationSite Preparation 100,000 100,000 Landscape / Irrigaiton 20,000 20,000 Plaza / Walks 20,000 20,000 Roadway Improvements 100,000 100,000 Parking : spaces 100,000 100,000 Telecommunication 80,000 80,000 Electrical Service 50,000 50,000 Water Distribution 20,000 20,000 Sanitary Sewer System 60,000 60,000 Chilled Water System 100,000 100,000 Storm Water System 100,000 100,000 Energy Efficient Equipment 50,000 50,000


Other Project CostsLand / existing facility acquisitionProfessional Fees 1,500,000 1,500,000 Fire Marshall Fees 70,000 70,000 Inspection Services 100,000 100,000 Insurance Consultant 10,000 10,000 Surveys & Tests 100,000 100,000 Permit / Impact / Environmental Fees 130,000 130,000 ArtworkMoveable Furnishings & Equipment 1,000,000 1,000,000 Project Contingency 90,000 900,000 990,000

Subtotal: Other Project Costs 2,000,000 900,000 1,000,000 3,900,000



Total: - 21,000,000 21,000,000

Funding to Date

Total Project Cost

(from above)

PROJECT FUNDING



Source




147

ITEM: __14__


SUBJECT: Fixed Capital Outlay Budget Quarterly Update


Approve budget changes in Fixed Capital Outlay Budget Quarterly Update

BACKGROUND INFORMATION This report updates the Fixed Capital Outlay Budget as of April 30, 2020.

Supporting Documentation Included: (1) Summary Memo, and (2) Fixed Capital Outlay Budget Quarterly Update Prepared by: Vice President for Administrative Services and Finance, and Executive Director of FGCU Financing Corporation Steve Magiera Legal Review: N/A Submitted by: Vice President for Administrative Services and Finance, and Executive Director of FGCU Financing Corporation Steve Magiera


148


FROM: Steve Magiera

SUBJECT: Fixed Capital Outlay Budget Quarterly Update

DATE: June 9, 2020

This is a new report this year. The Board approved the original budget at the June

Board meeting. Each quarter we present the update to the Board on the progress

of the previously approved projects and ask for approval on new or amendments

to projects.

In September you will see a new format from the Board of Governors which in

some ways will be better. For example, we will no longer include encumbrances

in the report. Also, once a project is listed as completed, we will drop that project

from the next report.

There are a few changes in bold on the spreadsheet and are detailed below:

Line 1 – Integrated Watershed/Coastal Studies (AB9) is in the red because the

encumbrances were more than we requested budget for in this fiscal year. We

have been appropriated over $50 million for the project with the majority of the

actual expenditure occurring next year.

Lines 5 and 6 – CEP Chiller Plant and Cohen Center Multi-Purpose Room are now

complete. Since both projects were funded from carryforward funds, the

remaining funds have been returned to carryforward.

Lines 8 and 9 – WGCU Transmission Tower Replacement and WMKO Tower

Project have an additional grant funding source which is a reimbursable grant.

This is the reason you currently see the project in a negative position but will not

be negative once the grant reimburses the project.

For the September meeting, lines 4, 5, 6, 7, 15, and 22 will drop off. We expect

several additional projects to be listed as completed by the September meeting.

At this time, we are not anticipating any new projects for next year because a) the

state funding we expect to receive is for the current projects on Lines 1 and 2, and

b) as explained in the Carryforward report we are placing all construction projects

on hold.


149

PROJECT TITLEFUNDING

SOURCE

TOTAL

PROJECT

COST

AVAILABLE

APPROVED

BUDGET FY19/20

ENCUMBRANCES

ACTIVITY

TO DATE

04/30/20

BALANCE

AS OF

04/30/20

FY 19/20

PROJECTED

ADDITIONAL

1 Integrated Watershed/Coastal Studies (AB9) PECO/Carry Forward 57,930,000 3,100,000 992,164 2,248,303 (140,467) (140,467)

2 University Recreation & Wellness Center CITF/DSOs 19,500,000 11,709,715 1,228,661 9,578,262 902,792 902,792

3 Student and Community Counseling Auxiliary 8,137,000 5,114,472 20,571 5,079,042 14,859 14,859

4 Central Energy Plant Auxiliary 2,000,000 65,860 0 10,952 54,908 COMPLETED

5 CEP Chiller Equipment Carry Forward 2,000,000 617,025 0 558,221 58,804 COMPLETED

6 Cohen Center Multi-Purpose Room Carry Forward 1,847,968 1,685,157 0 1,356,716 328,441 COMPLETED

7 Reed Hall 153 & 163 Remodel Carry Forward 130,000 130,000 0 114,566 15,434 COMPLETED

8 WGCU Transmission Tower Replacement PECO/Grant/ Auxiliary 3,590,000 2,470,515 1,356,975 1,311,670 (198,130) (198,130)

9 WMKO Tower Project Auxiliary/Grant/DSO 167,960 103,663 22,169 84,572 (3,078) (3,078)

10 Housing Capital Improvements FY 20 DSO 2,231,343 2,231,343 150,300 2,043,315 37,729 37,729

11 Parking Capital Improvements FY 20 DSO 200,000 200,000 60,042 88,163 51,795 51,795

12 Campus Dining/Brand Refreshment Auxiliary 1,950,000 1,364,572 0 525,344 839,228 839,228

13 Campus Dining - SoVi Dining Auxiliary 350,000 350,000 209,199 718 140,083 140,083

14 Repair/Renovation/Maintenance PECO 2,637,390 1,120,162 38,156 887,237 194,769 194,769

15 Maintenance Carry Forward 500,000 500,000 0 437,128 62,872 COMPLETED

16 Wellness Center Remodel Carry Forward 1,400,000 1,400,000 163,713 1,203,574 32,713 32,713

17 McT Hall, 1st Floor Remodel Carry Forward 2,000,000 2,000,000 1,394,358 564,726 40,916 40,916

18 Howard Hall, 1st Floor Remodel Carry Forward 1,700,000 300,000 67,750 0 232,250 232,250

19 McT Hall, 2nd Floor Remodel Carry Forward 1,900,000 0 0 0 0 0

20 Howard Hall, 2nd Floor Remodel Carry Forward 1,900,000 0 0 0 0 0

21 SoVi Modular 2 Carry Forward - Encumbrance 1,990,229 1,990,229 484 1,970,784 18,961 18,961

22 Lutgert Hall 1300 Carry Forward - Encumbrance 142,114 142,114 0 140,236 1,878 COMPLETED

23 Alico Arena Phase 2 Remodel DSO 1,500,000 1,500,000 0 19,212 1,480,788 1,480,788

24 Center for Entrepreneurship and Innovation DSO 10,000,000 400,000 0 126,701 273,299 273,299

TOTALS 125,704,004 38,494,827 5,704,542 28,349,441 4,440,844 3,918,507

FISCAL YEAR 2019-20

FIXED CAPITAL OUTLAY BUDGET

AS OF APRIL 30, 2020


150

1

ITEM: __15__


SUBJECT: Naming of School of Entrepreneurship as "Frank and Ellen

Daveler and Sandra Kauanui School of Entrepreneurship"


Approve naming of the School of Entrepreneurship

BACKGROUND INFORMATION One of the first donors to FGCU's Entrepreneurship program recently made a generous $4 million pledge to complete construction of the new building and to assist with programming. The donor has asked that we name the School of Entrepreneurship the Frank and Ellen Daveler and Sandra Kauanui School of Entrepreneurship. (Note that this name is for the School itself, not for the building that will house the School as well as the Small Business Development Center and Regional Economic Research Institute.) Frank Daveler is a 101-year old entrepreneur who has developed a high regard for School of Entrepreneurship Director Sandra Kauanui and the program she has built to become Florida's number one entrepreneurship school according to the Princeton Review. Mr. Daveler sees this as a legacy for him and his wife who passed away two years ago, and for the impact Dr Kauanui has had on FGCU's entrepreneurship program. In accordance with Section D of FGCU Policy 1.011 Naming of University Buildings and Facilities, the gift-related naming of an academic unit is presented to the FGCU Board of Trustees for approval.

Supporting Documentation Included: FGCU Policy 1.011 Naming of University Buildings and Facilities Prepared by: Vice President for University Advancement, and Executive Director of FGCU Foundation Kitty Green


151

2

Legal Review: Vice President and General Counsel Vee Leonard (May 8, 2020) Submitted by: President Mike Martin


152

FGCU POLICY 1.011 Responsible Unit:

Office of the President

Naming of University Buildings and Facilities

Florida Gulf Coast University Page 1 of 3 Policy 1.011 Naming of University Buildings and Facilities GC278844_5

A. POLICY STATEMENT

The naming of a University building, facility, or academic unit is of special significance to the University. Persons who and entities which contribute to the University, State of Florida, or to the fields of education, government, science, art, or human betterment may be recognized by the University through the act of naming a building, facility, or academic unit on their behalf.

B. REASON FOR POLICY

This Policy provides criteria for the naming of a University building, facility, road, bridge, park, recreational complex, other similar facility, or educational site (hereinafter “University Facility” or “University Facilities”) as defined in Board of Governors Regulation 8.009, Naming of Buildings and Facilities, as well as a college, school, or other academic unit for donors or in honor of persons or entities who have made a significant contribution to the University, State, or to the fields of education, government, science, art, or human betterment.

C. APPLICABILITY AND/OR ACCOUNTABILITY

This Policy applies to all University Facilities and colleges, schools, and other academic units.

D. GIFT-RELATED NAMING OF AN ACADEMIC UNIT OR UNIVERSITY

FACILITY

1. Criteria

a. The gift-related naming of colleges, schools, or other academic units is permitted for persons or entities making a significant contribution for the primary focus of a college, school, or academic unit, as determined by the President in consultation with the Executive Director of the FGCU Foundation.

b. The gift-related naming of University Facilities is permitted for persons or entities making a significant contribution for the benefit of the University in general, as determined by the President in consultation with the Executive Director of the FGCU Foundation.

c. The persons or entities making the contribution must exhibit a commitment to the


153

tcaraway

Highlight


mission, vision, and guiding principles of the University.

2. Procedure

All requests for gift-related naming opportunities of University Facilities or academic units will be submitted by the Executive Director of the FGCU Foundation to the President for consideration. The President will, in turn, submit the requests to the Board of Trustees for approval.

E. HONORARY NAMING OF A UNIVERSITY FACILITY

1. Criteria

a. The honorary naming of a University Facility may be recommended for an individual, living or dead, who has made significant contributions to the University, to the State of Florida, or to the fields of education, government, science, art, or human betterment and who is of recognized accomplishment and character.

b. The recognized accomplishments and character of the individual being recommended for the honorary University Facility naming shall be documented by letters of recommendation, media reports, and any other information clearly evidencing the sustained impact of the contribution, as well as evidencing a broad based consensus supporting the naming of the University Facility after the individual.

c. The honorary naming of a University Facility is not allowed for any active board member or employee of the Board of Governors, or any active employee, student, or trustee of FGCU.

d. This Policy does not apply to the honorary naming of classrooms, conference rooms, or other interior spaces of University Facilities.

2. Procedure

The honorary naming of University Facilities and related documentation will be submitted by the President to the Board of Trustees for action as a regular non-consent agenda item.

Authority

BOG Regulation 1.001, University Board of Trustees Powers and Duties BOG Regulation 9.005, Naming of Buildings and Facilities

History of Policy

New 1/20/2012, Amended 3/25/2014; Amended 05/15/2007; Format Changed 09/10/19


154


APPROVED *s/Wilson G. Bradshaw May 15, 2017 Wilson G. Bradshaw, President Date


155

ITEM: __16__


SUBJECT: Florida Gulf Coast University Board of Trustees Ethics Training


Trustees complete the ethics training by August 1, 2020

BACKGROUND INFORMATION The FGCU Compliance and Ethics Program Plan requires the Chief Compliance Officer to provide training on a biennial basis to members of the FGCU Board of Trustees regarding their responsibility and accountability for ethical conduct and compliance with applicable laws, regulations, rules, policies, and procedures. Due to COVID-19 and social distancing requirements, this training now has been converted into an electronic format. Board members are required to read the training document provided by the Chief Compliance Officer and sign the electronic acknowledgement form when completed. The acknowledgement form is due by August 1, 2020, and should be sent to Vice President and Chief of Staff Susan Evans. Trustee questions about ethics training content should be directed to Director of Equity, Ethics and Compliance, and Title IX Coordinator Precious Gunter.

Supporting Documentation Included: (1) Ethics Training Document and (2) Acknowledgement Form Prepared by: Director of Equity, Ethics and Compliance, and Title IX Coordinator Precious Gunter Legal Review: N/A Submitted by: Director of Equity, Ethics and Compliance, and Title IX Coordinator Precious Gunter


156

FGCU BOT Compliance

and Ethics Training


157

Table of Contents➔ Purpose/ Objectives of Compliance and Ethics Training

➔ Elements of Effective Program

➔ Florida Code of Ethics

➔ Conflicts of Interest/Financial Disclosure Requirements

➔ Reporting and Accountability

➔ Gifts

➔ Misuse of Public Position

➔ What is Expected of You?

➔ Questions


158

Ethics vs. Compliance?Ethics: Moral standards that govern a person’s behavior…


159

Ethics vs. Compliance?

Compliance: The action or act of complying with a set of standards or rules

• State and Federal Regulations

• BOG Regulations

• University Policies and Regulations

• Relevant Case Law

• Accreditation Standards

• Contract and Grant Regulations

• Employment Contracts

• Collective Bargaining Agreement


160

Ethical Decision MakingIs this my call to make in my position by

my authority?

Is My Action

Proper?

Am I doing my job or am I doing something for this

person that someone might view as improper?

How will I feel about my actions afterwards? Am

I now trying to rationalize my actions?

With increasing pressure and increased opportunity, people will do things they would not normally do and then rationalize their actions as being okay.


161

Decision Making Map: Another Look


162

Why do we have Compliance Programs?

• One of the most effective deterrents of wrongdoing is the commitment of an organization to ethical conduct and compliance.

• A strong compliance program with active participation from all employees enables a culture of ethics and compliance with the law and is better equipped to prevent problems from happening. FYI…BOT members are required to

complete Ethics Training every two years.


163

Elements of an Effective Compliance Program

SUSCEC stands for State University System Compliance and Ethics Consortium


164

Florida Code of Ethics (FCOE): Ethical Responsibilities

● Prohibits or restricts us from private gain● Sets standards of conduct for all

employees● Conflicts of Interest:

● Gifts or benefits● Misuse of Public Position or Non-

Public Information● Business, Contractual, & Employment

Relationships○ Selling private goods or services

to the university○ Have a contractual relationship

with an entity doing business with the university

● Nepotism


165

Conflicts of InterestsF.S. 112.311-.112.3261

FGCU BOT Ethics Policy Article II, Section I


166

Watch this video on Conflict of Interest:

https://www.youtube.com/watch?v=_00dD2ElInE&feature=youtu.be


167

https://www.youtube.com/watch?v=_00dD2ElInE&feature=youtu.be

Disclosures: Who’s Required to File

Board of Trustee

Members

President Executive Leadership

DSO Board

Members


168

Statement of Financial Interests

● Certain appointed officials, including Trustees, must file a Statement of Financial Interests (Form 1) with the Commission on Ethics

● Filing required within 30 days of appointment and then annually by July 1

● Fines of $25 per day start to accrue if filing is not complete by September 1


169

Gift Laws Administered by FL COE● F.S. 112.313(2)—solicitation or

acceptance with understanding● F.S. 112.313(4)—unauthorized

compensation● F.S. 112.3148—the gift law● F.S. 112.31485—political committee

gifts● F.S. 112.3149—honoraria and related

expenses● F.S. 112.3215(6)—executive branch

expenditures● F.S. 350.041(2)—additional standards

for PSC members


170

Accepting Gifts (F.S. 112.313(2))

No public officer, employee of an agency, local government attorney, or candidate for nomination or election shall solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be influenced thereby.

See F.S. 112.313(2) itself, and see F.S. 112.3136 and F.S. 1002.33.

Involves a quid-pro-quo. Is analogous to bribery.


171

Gifts of Influence

Do not accept anything of value when you know, or should know, it was given to influence your official actions.


172

Quid Pro QuoF.S. 112.313(2)

Prohibits asking for or accepting anything of value to the recipient based on your understanding that it will influence your vote, official action, or judgment.

Applies to all state and local public officers.

“Something for something” = Bribe


173

Reporting Individuals

The State University System is considered part of the Executive Branch; therefore, subject to the Expenditure Ban (Section 112.3215).

If you are required to file a form 1 or 6, you are prohibited from accepting any expenditure from a lobbyist or related entity.


174

Unauthorized Compensation: 112.313(4), F.S.

Prohibits an official, spouse, or minor child from accepting anything of value (compensation or payment, etc.) when the official knows or should know that it was given to influence a vote or other action.

Ask yourself: Why is this person giving or offering to give me this benefit?


175

Misuse of Public Position: F.S. 112.313(6)

No public officer, employee of an agency, or local government attorney

shall corruptly use or attempt to use his or her official position or any

property or resource which may be within his or her trust, or perform his or

her official duties, to secure a special privilege, benefit, or exemption for

himself, herself, or others.

Those that rely on our work must have trust in us to not only “do things

right” but also to “do the right thing.”

If we ever lose the trust of those we serve and those who depend on us to

do our job, it is awfully difficult to regain that trust.


176

But...Isn’t Perception in the Eye of the Beholder??

Despite the technical reasons to do something, perception of wrongdoing and the reputation of

the institutions we serve, also matter.

Be cognizant.


177

Questions?When in doubt, ask!

Precious GunterDirector of Equity, Ethics & Compliance and Title IX Coordinator

Phone: 239-745-4366E-mail: [email protected]


178


Board of Trustees

2020 Ethics Training Acknowledgement Form

I, _____________________________, acknowledge that I have been provided a copy of the FGCU Compliance and Ethics Training from the Office of Institutional Equity and Compliance at Florida Gulf Coast University. I have completed the required training and understand my responsibilities as a member of the Florida Gulf Coast University Board of Trustees.

Trustee Signature (electronic) ____________________________ Date _____________


179

agenda€¦ · 9/6/2020 · mike martin (tab #2) 9:55 a.m. consent agenda (includes public...

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