Executive Committee Meeting June 18, 2015 - Board of Visitors - Christopher Newport University

Board of Visitors

Executive Committee Meeting June 18, 2015

The Executive Committee of the Board of Visitors met on June 18, 2015 in the Board Room of the David Student Union with Rector White presiding.

Present from the Board

  • Mr. Preston White, Rector
  • Ms. Vicki Freeman, Secretary
  • Hon. Gabriel Morgan
  • Mr. Anderson Hughes
  • Mr. Bruce Jennings
  • Mr. Scott Millar, Vice Rector
  • Hon. Ronald Tillett

Present from the University

  • Ms. Cynthia Perry, Chief of Staff
  • Ms. Maureen Matsen, University Council
  • Ms. Beverley Mueller, Executive Assistant
  • Ms. Michelle Moody, Title IX and EO
  • Dr. Lisa Duncan Raines, Vice Provost
  • Dr. Kevin Hughes, Dean of Students
  • Mr. Thomas Kramer, Legislative Liaison
  • Ms. Lori Jacobs, Director of Public Relations

Captains Log Reporters

  • Mr. Josh Reyes, Captain's Log
  • Mr. Jack Jacobs, Captain's Log

Others Present

  • Ms. Jennifer Williams, Daily Press

Rector White stated that the purpose of this Executive Committee meeting was to review and consider Resolution 4: Revision of the Policies to the University as it relates to indemnification and to review and consider Resolution 5: Discrimination, Harassment, Sexual Misconduct and Retaliation Policy and Procedures. Rector White asked University Counsel, Maureen Matsen to lead the discussion.

Ms. Matsen stated that it was necessary to obtain Board approval to eliminate the indemnification provision from the University Handbook. She said that this coverage is provided by the Commonwealth's Division of Risk Management and the University does not have statutory authority to indemnify or insure its Board members. A discussion followed on the immunities of the Board and the amount of coverage provided as a Board verses individual board members in their official capacity.

Rector White called for further discussion and questions and then asked for a motion to approve RESOLUTION 4: Revisions to the Policies of the Board of Visitors of Christopher Newport University. Mr. Tillett provided the motion, seconded by Sheriff Morgan and passed by unanimous consent of the Executive Committee. Rector White said that this Resolution will come before the full Board for approval.

Ms. Matsen then reviewed the proposed Discrimination, Harassment, Sexual Misconduct and Retaliation Policy and Procedures. She said the work began a year ago in order to comply with new federal regulations and guidelines issued by the Office for Civil Rights and the U.S. Department of Education and relevant new laws adopted by the General Assembly.

President Trible created a leadership team to take a comprehensive look at its policies and practices to make sure Christopher Newport was providing a safe environment and the best services, support and resources possible for our students and staff. The team included the Dean of Students, Kevin Hughes; Associate Provost, Lisa Duncan Raines; Director of Human Resources, Lori Westphal; the President of the Faculty Senate, Dr. Jana Adamitis; Title IX Director, Michelle Moody; Maureen Matsen, University Counsel; and lead by Chief of Staff, Cindi Perry. The team used numerous resources to develop the new policy including OCR guidelines, recommendations of the White House Task Force, work of the Governor's Task Force and the new laws adopted by the General Assembly. In addition, an outside consultant was hired to review the proposed policy. As a result, the proposed policy satisfies the legal requirements of Title IX, Violence Against Women Act and Cleary Act as well as the new state laws. Ms. Matsen asked Title IX and EO officer Michelle Moody to report on the changes being made and noted this would be presented to the full Board as well.

Ms. Moody explained that this policy applies to students and employees and addresses all types of illegal discrimination. A significant change to the policy, places the sexual misconduct disciplinary process for students and employees with the Title IX Director. There will be no more hearings and student panels and more clear definitions have been given regarding consent and what constitutes sexual misconduct. The Policy communicates the resources and support available and addresses the prohibition of retaliation. She stated that anyone who receives information about sexual assault must report that information.

There was discussion about the definitions used in the policy relating to consent and incapacitation and how those situations are determined, the use of alcohol and drugs, reporting procedures and retaliation. Ms. Moody answered questions regarding other aspects of the policy as well and the Board had an extensive discussion about the policy and practices set forth. Ms. Moody explained that training would take place for the entire university community and that written and on-line materials would be made available. The Executive Committee suggested the Board annually receive a report from the Director of Title IX and EO about any changes to the policy and statistics concerning reports and adjudications.

Rector White commended the team for an excellent and thorough job and called for a motion to approve Resolution 5: Discrimination, Harassment, Sexual Misconduct and Retaliation Policy and Procedures with the suggested change. Sheriff Morgan provided the motion, seconded by Mr. Millar and passed by unanimous vote of the Executive Committee. The Resolution will go before the full Board for approval.

There being no further business, the meeting was adjourned.

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