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University of Minnesota Mail - Several Media Items https://mail .google.com/mail/u/0/?ui=2&ik=28 lfa64bb4&view..

JVL

Brian Steeves <stee0168@umn.edu>

Several Media Items


Brian Steeves <stee0168@umn.edu> Wed, Nov 14, 2012 at 3:01 PM
To: Linda Cohen <lacohen@umn.edu>, David Larson <dmlarson@umn.edu>
Cc: Eric Kaler <ekaler@umn.edu>, Amy Phenix <pheni001@umn.edu>, mark rotenberg <roten001@umn.edu>
Bcc: Clyde Alien <allen190@umn.edu>, David McMillan <mcmil019@umn.edu>, Dean Johnson
<djohns@umn.edu>, John Frobenius <froben@umn.edu>, Laura Brod <laurambrod@gmail.com>, Maureen
Ramirez <ramir015@umn.edu>, Patricia Simmons <simmons@umn.edu>, Richard Beeson
<rbeeson@umn.edu>, Tom Devine <twdevine@umn.edu>, Venora Hung <hung0025@umn.edu>, Angela Menzel
<menzel@umn.edu>, Ken Savary <sava0111@umn.edu>, Mary Swords <mswords@umn.edu>, Pamela Hudson
<phudson@umn.edu>, Sarah Dirksen <sdirksen@umn.edu>

TO: ALL REGENTS


I am writing to provide a heads up on several items that have or may generate media attention.
Defibrillator Research
Professor Frank Bates, head of Chemical Engineering, published a study yesterday in the journal
Macromolecules that highlights significant issues with St. Jude defibrillators. The study includes clear
language that identifies Bates as a paid consultant to Medtronic, and it is my understanding that the research
was funded by Medtronic. Like all published research, this study was peer-reviewed. The study has already
received some attention in Business Week (http://www.businessweek.com/ap/2012-11-13/analyst-studyshows-new-st-dot-jude-wire-problems) and may also generate local attention since both companies are
located in Minnesota.
Social Worker Sanctioned
Several media outlets (including the Star Tribune: http://www.startribune.com/local/179042061.html?refer=y)
have reported on a Corrective Action agreement between former D of M social worker Jean Kenney and the
Minnesota Board of Social Work, which was signed last Thursday, Nov. 8th. While employed at the
University, Kenney was the study coordinator for the Department of Psychiatry for the CAFE study, which was
a comparison of three medications used to treat first episodes of psychotic incidents. One of the study
participants, Dan Markingson, committed suicide during his time in the study. The full Corrective Action is
available here: http://www.socialwork.state.mn.us/Portals/0/SO-ACA/ACA_Kenney-13622-11082012.pdf
Mark Rotenberg provided the following statement in response to media requests:
"Jean Kenney is no longer an employee at the University of Minnesota and hasn't been for a number of years.
The University was not a party in the Corrective Action - that is a voluntary agreement between Ms. Kenney
and the Minnesota Board of Social Work. We note that the Board-Kenney agreement provides for no
discipline of Ms. Kenney.

Animal Rights Lawsuit


The Animal Legal Defense Fund is bringing suit against the University for access to records of the University's
internal Institutional Animal Care and Use Committee (IACUC). Some blogs have picked up on the story, as
has the Minnesota Daily. Regents who serve on the Litigation Review Committee will hear more about this at
their next meeting.

Preparation for Residency Program (PRP)

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University of Minnesota Mail - Several Media Items https://mail .google.com/mail/u/0/?ui=2&ik=281fa64bb4&vievv..

Two years ago, the University of Minnesota Medical School launched the Preparation for Residency Program

(PRP) to train immigrant physicians and get them on a track to practice medicine in the United States. After
some initial success, the landscape and prospects for the program have changed. Therefore, the Medical
School has suspended the PRP program as it looks for new ways to leverage the talents of these physicians.
A fact sheet on the evolution of this program is attached.

Please let me know if you have any questions on these items.

Brian R. Steeves
Executive Director & Corporate Secretary
Board of Regents
University of Minnesota
612-625-6300
bsteeves@umn.edu

PRP Fact Sheet.pdf

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University qf Minnesota Mail - Updates https://mail.google.com/mail/u/0/?ui=2&ik=281fa64bb4&view..

Brian Steeves <stee0168@umn.edu>

Updates

Brian Steeves <stee0168@umn.edu> Tue, Dec 3, 2013 at 2:39 PM


To: Richard Beeson <rbeeson@umn.edu>, Dean Johnson <djohns@umn.edu>
Cc: Eric Kaler <ekaler@umn.edu>, Amy Phenix <pheni001@umn.edu>
Bcc: Abdul Omari <omari002@umn.edu>, Clyde Alien <alten190@umn.edu>, David Larson
<dmlarson@umn.edu>, David McMillan <mcmil019@umn.edu>, John Frobenius <froben@umn.edu>, Laura Brad
<lbrod@umn.edu>, Linda Cohen <lacohen@umn.edu>, Patricia Simmons <simmons@umn.edu>, Peggy Lucas
<lucas070@umn.edu>, Tom Devine <twdevine@umn.edu>, Ken Savary <sava0111@umn.edu>, Mary Swords
<mswords@umn.edu>, Pamela Hudson <phudson@umn.edu>, Sarah Dirksen <sdirksen@umn.edu>, Stephanie
Austin <saustin@umn.edu>

TO: ALL REGENTS


KALER INVITED TO WHITE HOUSE
President Kaler has been invited to the White House next Wednesday for a day-long summit dedicated to
launching a plan of action for increasing college access and success for low-income and disadvantaged
students. The event is being jointly coordinated by the National Economic Council, the Domestic Policy
Council, and the Department of Education.

SENATE HEARING ON CAMPUS SAFETY


The Senate Higher Education & Workforce Development Committee will hold a hearing on metro campus
safety on Tuesday, 12/10. VP Wheelock and UMPD Chief Hestness are scheduled to appear. (Details can be
found here: https://www.senate.mn/schedule/schedule.php?ls=&type=upcoming&cmte_id=3072&
cmte_type=standing).

UNIVERSITY SENATE TO DEBATE HUMAN SUBJECTS RESEARCH RESOLUTION


Several faculty members have continued to express concern about the circumstances surrounding the 2004
suicide of Dan Markingson while he was enrolled in a clinical drug trial at the University of Minnesota. Several
independent investigations and reviews have been conducted and in February 2011 then-Chair Clyde Alien
sent a letter on behalf of the Board stating "we do not believe further University resources should be
expended re-reviewing a matter such as this, which has already received such exhaustive analysis by
independent authoritative bodies." His letter goes on to state, "We do not intend to suggest that the broader
concerns you raise related to protection of subjects involved in clinical research are unimportant. To the
contrary, we encourage the University community to engage in further discussion about these wider issues."

(See complete copy of Alien letter attached.)


On Thursday, 12/5 the University Senate is scheduled to debate an FCC resolution on this matter. Rather
than re-opening past investigations, members of the FCC are advancing a resolution that calls for an
"investigative panel external to and independent from the University of Minnesota" to conduct "an inquiry
examining current policies, practices, and oversight of clinical research on human subjects at the University,".

OTHER ITEMS
Guests for 12/12 BOR Dinner - If you have not already done so, please let the Board Office know if
you plan to bring a guest to the Board dinner at Eastcliffon Thursday, 12/12.

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Unnjeteity gf Minnesota Mail - Updates https://mail.google.com/mail/u/0/?ui=2&ik=281fa64bb4&vievv..

Brian R. Steeves
Executive Director & Corporate Secretary
Board of Regents
University of Minnesota
612-625-6300
bsteeves@umn.edu

BOR resp to Elliott et al re Markingson.pdf

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University of Minnesota Mail - Markingson Case https://mail.google.com/mail/u/0/?ui=2&ik=281fa64bb4&vievv..

Brian Steeves <stee0168@umn.edu>

Markingson Case
Brian Steeves <stee0168@umn.edu> Tue, Apr 29, 2014 at 5:11 PM

To: Richard Beeson <rbeeson@umn.edu>, Dean Johnson <djohns@umn.edu>


Cc: Eric Kaler <ekaler@umn.edu>, Amy Phenix <pheni001@umn.edu>, William Donohue <donohue@umn.edu>
Bcc: Abdul Omari <omari002@umn.edu>, Clyde Alien <allen190@umn.edu>, David Larson
<dmlarson@umn.edu>, David McMillan <mcmil019@umn.edu>, John Frobenius <froben@umn.edu>, Laura Brod
<lbrod@umn.edu>, Linda Cohen <lacohen@umn.edu>, Patricia Simmons <simmons@umn.edu>, Peggy Lucas
<lucas070@umn.edu>, Tom Devine <twdevine@umn.edu>, Jason Langworthy <lang0789@umn.edu>, Mary
Swords <mswords@umn.edu>, Pamela Hudson <phudson@umn.edu>, Sarah Dirksen <sdirksen@umn.edu>,
Stephanie Austin <saustin@umn.edu>

TO: ALL REGENTS


As you know, a small number of individuals continue to express concern about the circumstances surrounding
the 2004 suicide of Dan Markingson while he was enrolled in a clinical drug trial at the University of
Minnesota. Several independent investigations and reviews have been conducted (see attached summary)
and in February 2011 then-Chair Clyde Alien sent a letter on behalf of the Board stating "we do not believe
further University resources should be expended re-reviewing a matter such as this, which has already
received such exhaustive analysis by independent authoritative bodies." (See complete copy of Alien letter
attached.)
On 12/5/13 the University Senate passed a resolution seeking an external review of the University's human
subjects research policies, practices and oversight. An RFP for that review has been issued.
Recently, individuals from inside and outside the University have attempted to escalate this matter by
contacting prominent community leaders and University donors. We have also been informed that a peaceful
protest/vigil is being planned outside McNamara Alumni Center in conjunction with the upcoming Board of
Regents meetings.
If you are contacted about this case, please refrain from responding or otherwise weighing in. Regent
Alien's letter is the only statement the Board has made on the Markingson case and it is important
that the Board Chair and President present a single, unified voice on this topic.
If you have questions or concerns, please contact me.

Brian R. Steeves

Executive Director & Corporate Secretary


Board of Regents
University of Minnesota
612-625-6300
bsteeves@umn.edu

2 attachments

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University of Minnesota Mail - Markingson Case https://mail.google.com/mail/u/0/?ui=2&ik=281fa64bb4&vievv..

Dan Markingson Investigations and Reports Updated 4-22.pdf

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BOR resp to Elliott et al re Markingson-3-pdf

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Dan Markingson Case


Reviews, Judgments and Investigations
In the ten years since the death of Daniel Markingson (DRM), there have been multiple
investigations and rulings about the case, the care that he received, and the University's
policies for the protection of human subjects in clinical research.

None of the investigations found evidence of misconduct by the University of


Minnesota,

The investigations and reports include:


May 26, 2004:

June 17, 2005:

The University of Minnesota Institutional Review Board


performed a routine, full-board review of the death ofDRM
The State of Minnesota's Office of the Ombudsman for Mental
Health and Mental Retardation closes its case re: allegations of
misconduct or neglect by the group home charged with
monitoring DRM
Report found no predictors of DRM's suicide and no failure by the
facility to recognize any predictors of suicide. Allegations of neglect
are found to be false.

July 22,2005:

The Food and Drug Administration concludes investigation into


complaints of misconduct related to the care ofDRM and their
clinical inspection of Dr. Stephen Olson and his role in the Cafe

Study
According to the report: "No evidence of misconduct or significant
violation of the protocol or regulations was found in this inspection."

Sept. 2007:

The Council on Accreditation of the Association for the


Accreditation of Human Research Protection Programs, Inc.
(AAHRPP) awards the University of Minnesota full reaccreditation for another three years

Feb. 11, 2008: State of Minnesota's Fourth Judicial District Court (Hennepin

County)
All claims by Mary Weiss against the University of Minnesota are
dismissed with prejudice. The District Court specifically found that Mr.
Markingson validly consented to be in the study, and had the right to
leave the study if he wished.

Feb.11,2009:

The Minnesota Board of Medical Practice responds to complaints


against Charles Schulz, M.D., by Mary Weiss
After a review by a Board Medical Coordinator and a review by the
Board's Complaint Review Committee, the Board found that "the facts
of the case did not provide a sufficient basis for the Board to take
disciplinary or corrective action against the Respondent physician's
license."

July 15, 2010:

The Minnesota Board of Medical Practice responds to complaints


against Stephen Olson, M.D., by Mary Weiss
After a review by a Board Medical Coordinator and a review by the
Board's Complaint Review Committee, the Board found that "the facts
of the case did not provide a sufficient basis for the Board to take
disciplinary or corrective action against the Respondent physician's
license."

Sept. 23, 2010: The Council on Accreditation of the Association for the
Accreditation of Human Research Protection Programs, Inc.

(AAHRPP) awards the University of Minnesota full reaccreditation for another five years
"We congratulate you on this important achievement, which reflects
your organization's commitment to protecting the rights and welfare
of research participants."

Oct. 26, 2012

Board of Social Work - State of Minnesota reviews allegations


about actions of Jean Kenney, study coordinator for the CAFE
study
The board expressly found that no discipline was appropriate, but
required Kenneyto take a continuing education course and meet with
a consultant. Kenney agreed to corrective action after the Board found

she had performed tasks that were outside of the scope of her training,
and had had made some errors in documentation.

2008-2014:

The University reviews and responds to numerous letters and


inquiries from MaryWeiss, Mike Howard, Carl Elliott, and others

UNIVERSITY OF MINNESOTA
The Honorable Clyde E. Alien, Jr. 600 McNamara Ahimni Center
Chair, Board of Regents 200.0ak.s',reel^E^

Minneapolis, MN 55455-2020
Office: 612-625-6300

Fax: 612-624-3318

February 7,2011

Carl Elliott, Professor


Dianne Bartels, Assistant Professor
Joan Liaschenko, Professor
Mary Faith Marshall, Professor
John Song, Associate Professor
Leigh Turner, Associate Professor
Susan Craddock, Associate Professor
Joan Tronto, Professor
Center for Bioethics

N504 Boynton
410 Church Street SE
Minneapolis, MN 55455-0346

Dear Professors Elliott, Bartels, Liaschenko, Marshall, Song, Turner, Craddock, and
Tronto:
Thank you for your correspondence of November 29,2010, in which you raise
significant questions related to the suicide of Dan Markingson, who was enrolled in
a psychiatric research study at the University of Minnesota in 2003-04. On behalf of
the entire Board, I take this opportunity to express again the University
community's heartfelt sympathy to Markingson's family and friends for this tragic
loss.

At the Board's request, our General Counsel has provided us with the extensive
reviews of this case that were performed over the years by a number of
independent experts and governmental units. They include careful examinations by
the U.S. Food and Drug Administration, the Hennepjn County District Court, and the
Minnesota Board of Medical Practice, assisted by the Minnesota Attorney General's
office. In addition to these independent reviews, the University's IRB and a number
of nationally recognized psychiatrists not affiliated with the University reviewed the
course of treatment provided to Mr. Markingson. Each and every one of these
reviews resulted in the same conclusion; there was no improper or inappropriate
care provided to Mr. Markingson, nor is there evidence of misconduct or violation of
applicable laws or regulations.

Driven to Discover"

Page Two
February 7, 2011

I have asked our General Counsel to provide you with a more detailed response to
the allegations you raised in your letter. At this time, however, we do not believe
further University resources should be expended re-reviewing a matter such as this,
which has already received such exhaustive analysis by independent authoritative
bodies.
More generally, we note that the University maintains a human subjects protection
program that is fully accredited by the Association for the Accreditation of Human
Research Protection Programs (AAHRPP), the gold standard, to ensure the
protection of subjects participating in University research.
We do not intend to suggest that the broader concerns you raise related to
protection of subjects involved in clinical research are unimportant. To the
contrary, we encourage the University community to engage in further discussion
about these wider issues. In an era when public funding of our University and its
research is limited, we must recognize that critically important medical and health
research requires substantial private investment, both from donors and from
corporate sponsors. Those funding sources provide great opportunities - and pose
significant challenges -- for the University. We believe our faculty is ideally suited to
engage in a rigorous, open, and honest exploration of these opportunities and
challenges, and the impact they may have for the integrity of our research mission.
We ask the administration to work with interested faculty to create an appropriate
forum where these issues can be fully examined.
Thank you again for sharing these important and serious concerns with the Board.

Best regards,

Clyde E. Alien, Jr^thair


Board of Regents

University of Minnesota Mail - Possible Protests & Additional... https://mail.google.com/mail/u/0/?ui=2&ik=281fa64bb4&vievv.,

JBL

Brian Steeves <stee0168@umn.edu>

Possible Protests & Additional Meeting Details


Brian Steeves <stee0168@umn.edu> Wed, May 7, 2014 at 8:57 PM
To: Richard Beeson <rbeeson@umn.edu>, Dean Johnson <djohns@umn.edu>
Cc: Eric Kaler <ekaler@umn.edu>, Amy Phenix <pheni001@umn.edu>
Bcc: Abdul Omari <omari002@umn.edu>, Clyde Alien <allen190@umn.edu>, David Larson
<dmlarson@umn.edu>, David McMillan <mcmil019@umn.edu>, John Frobenius <froben@umn.edu>, Laura Brod
<lbrod@umn.edu>, Linda Cohen <lacohen@umn.edu>, Patricia Simmons <simmons@umn.edu>, Peggy Lucas
<lucas070@umn.edu>, Tom Devine <twdevine@umn.edu>, Jason Langworthy <lang0789@umn.edu>, Mary
Swords <mswords@umn.edu>, Pamela Hudson <phudson@umn.edu>, Sarah Dirksen <sdirksen@umn.edu>,
Stephanie Austin <saustin@umn.edu>, "Dave McMillan (MP)" <dmcmillan@allete.com>, Brian Steeves
<bsteeves@umn.edu>

TO: ALL REGENTS


POSSIBLE PROTESTS
Whose Diversity?
We have received reports that an organization calling itself Whose Diversity? may stage protests during this
week's Board or committee meetings. You recently received an e-mail from this group outlining a series of
demands. Whose Diversity? has taken a very confrontational tone and recently organized a disruptive protest
during an event at Coffman Memorial Union (see coverage here: http://www.startribune.com/local/minneapolis
,257602471 .html). VP Katrice Albert is spearheading a response to the demands, which I will forward once it
has been finalized.

Markingson Vigil
The Board Office has also been informed that a vigil in honor of Dan Markingson is being organized for 12:00
noon on Friday, 5/9 outside McNamara Alumni Center. This is intended to place pressure on the University to
reopen investigations into the Markingson case. Additional details are available on Professor Carl Elliott's
blog: http://danmarkingson.wordpress.com/2014/05/01/vigil-for-dan-markingson-to-protest-psychiatricresearch-abuse/

CONTINUUM OF ACTION
State law and the By/aws of the Board of Regents clearly prohibit disruptive behavior at Board or committee
meetings. The Board Office also has a longstanding continuum of action to address disruptive behavior
(attached and available in the Board Manual on the portal). Board staff are familiar with these protocols and
will be ready to assist chairs if necessary.

BUDGET FORUM
As a reminder, the Board's public forum on the President's Recommended FY 2015 Annual Operating Budget
will occur on Friday afternoon from 12:30-1:30 pm. Speakers will each have up to 3 minutes to address the
Board. A speaker list is available in the Resource Library's Meeting Agenda & Details folder or via this link:

2014 Budget Forum Speaker List


Please let me know if you have any questions.

Brian R. Steeves

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University of Minnesota Mail - Beeson Response to Gov. Carlso... https://mail.google.com/mail/u/0/?ui=2&ik=281fa64bb4&view...

Brian Steeves <stee0168@umn.edu>

Beeson Response to Gov. Carlson re: Markingson Case

Brian Steeves <stee0168@umn.edu> Fri, May 9, 2014 at 4:39 PM


To: Richard Beeson <rbeeson@umn.edu>, Dean Johnson <djohns@umn.edu>
Cc: Eric Kaler <ekaler@umn.edu>, Amy Phenix <pheni001@umn.edu>, William Donohue <donohue@umn.edu>
Bcc: Abdul Oman <omari002@umn.edu>, Clyde Alien <allen190@umn.edu>, David Larson
<dmlarson@umn.edu>, David McMillan <mcmil019@umn.edu>, John Frobenius <froben@umn.edu>, Laura Brod
<lbrod@umn.edu>, Linda Cohen <lacohen@umn.edu>, Patricia Simmons <simmons@umn.edu>, Peggy Lucas
<lucas070@umn.edu>, Tom Devine <twdevine@umn.edu>, Jason Langworthy <lang0789@umn.edu>, Mary
Swords <mswords@umn.edu>, Pamela Hudson <phudson@umn.edu>, Sarah Dirksen <sdirksen@umn.edu>,
Stephanie Austin <saustin@umn.edu>, "smith, tracy" <tracy.smith@ogc.umn.edu>, Keith Dunder
<dunde001@umn.edu>

TO: ALL REGENTS


Attached is Chair Beeson's response to a recent letter from former Gov. Arne Carlson regarding the
Markingson case (Gov. Carlson's letter is also attached).
Please let me know if you have any questions.

Brian R. Steeves

Executive Director & Corporate Secretary


Board of Regents
University of Minnesota
612-625-6300
bsteeves@umn.edu

2 attachments
Beeson response to Carlson re Markingson 4-9-14-pdf

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Carlson Letter re Markingson 4-29-14.pdf

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UNIVERSITY OF MINNESOTA
The Honorable Richard B. Seeson 600 McNamara Alumni Center
Chair. Board of Regents 200 Oak Street S.E.

Minneapolis, AM 55455
651-523-7830
Fax: 612-624-331S

fTebsile: www.regenls.fimn.edu

May 9,2014

The Honorable Arne H. Carlson

145 Holly Lane North


Plymouth, MN 55447
Dear Mr. Carlson:

I write in response to your April 29, 2014, letter regarding the suicide death of Dan
Markingson. As this month marks ten years since his death, the University continues to express
its heartfelt sympathy to Mr. Markingson's family and friends.
I understand you have declined our offer to meet with President Eric Kaler and me.
Again, we are happy to meet with you. At this point, however, we are responding to you in
writing.

Your letter makes assertions based on the writings of Professor Carl Elliott that have
already been thoroughly addressed by the University. My predecessor as Chair of the Board,
Clyde E. Alien, previously wrote Professor Elliott and his colleagues in response to the same
claims. (Letter enclosed.) I, too, have reviewed this matter and share former Chair Alien's

perspective. I have asked our General Counsel to provide a more detailed response, which again
demonstrates that this matter has been extensively reviewed by independent governmental
agencies and courts, as well as by the University, and all reviews result in the same conclusion:
there was no improper care provided to Mr. Markingson, nor was there research misconduct or

violation of any applicable laws or regulations, nor was there any causal connection between
Mr. Markingson's death and his participation in the research study.
While the University will not expend resources to re-review a matter that has been so
extensively analyzed already, the University has initiated an independent review of our policies

Driven to Discover5

Hon. Ame Carlson

May 9,2014
Page 2

and practices to ensure best practices in all of our research involving human subjects. All of us
at the University are committed to maintaining the highest integrity in our research mission.

Sincerely,

Richard B. Beeson, Chair


Board of Regents

c; Members of the Board of Regents


Eric W. Kaler, President
William P. Donohue, General Counsel

University of Minnesota Mail - Markingson Case Statement & ... https://mail.google.com/mail/u/0/?ui=2&ik=281fa64bb4&vie\v..

Brian Steeves <stee0168@umn.edu>

Markingson Case Statement & Supporting Materials


Brian Steeves <stee0168@umn.edu> Fri, May 16, 2014 at 10:49 PM

To: Richard Beeson <rbeeson@umn.edu>, Dean Johnson <djohns@umn.edu>


Cc: Eric Kaler <ekaler@umn.edu>, Amy Phenix <pheni001@umn.edu>
Bcc: Abdul Omari <omari002@umn.edu>, Clyde Alien <allen190@umn.edu>, David Larson
<dmlarson@umn.edu>, David McMillan <mcmil019@umn.edu>, John Frobenius <froben@umn.edu>, Laura Brod
<lbrod@umn.edu>, Linda Cohen <lacohen@umn.edu>, Patricia Simmons <simmons@umn.edu>, Peggy Lucas
<lucas070@umn.edu>, Tom Devine <twdevine@umn.edu>, Jason Langworthy <lang0789@umn.edu>, Mary
Swords <mswords@umn.edu>, Pamela Hudson <phudson@umn.edu>, Sarah Dirksen <sdirksen@umn.edu>,
Stephanie Austin <saustin@umn.edu>

TO: ALL REGENTS


The attached statement and supporting materials regarding the Markingson case have been assembled in
response to the recent uptick in letters, phone calls, and in-person questions being posed to the University.
I am sharing this information with anyone who contacts the Board on this matter. It concisely states the
University's position, provides a chronology of events, and includes a number of supporting documents.
The document is also available in the Resource Library > Key Messages & Background > Markingson Case
folder, linked here:
Statement & Supporting Materials re Markingson case May 2014
Please let me know if you have any questions.

Brian R. Steeves

Executive Director & Corporate Secretary


Board of Regents
University of Minnesota
612-625-6300
bsteeves@umn.edu

Statement & Supporting Materials re Markingson case May 2014.pdf

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May 16, 2014


Academic Health Center Communications
University of Minnesota

Statement in response to calls for further inQuiry into the Dan Markineson case

The suicide death of Dan Markingson in 2004 was a tragic reminder of the devastation of mental
illness. It was not, and is not, a scandal.

Calls on the University of Minnesota to further investigate this case through public hearings or
by conducting an "independent investigation" fail to recognize some of the basic facts of the
case. Those who continue to raise the issue assert:

1. The University has refused to allow an independent professional inquiry on the matter
2. The University did not review or inform itself about the matter
In fact, this tragic event and the research study in which Mr. Markingson was a participant were
extensively reviewed by external independent agencies and the courts, as well as by the

University. As explained below, the University is also currently engaging an outside


professional to review all of its policies and procedures governing human subjects research.
Background

Dan Markingson was transferred from Regions Hospital to the Fairview University Medical
Center in November 2003 as a result of an acute episode of mental illness and was hospitalized.
Mr. Markingson was evaluated for possible commitment by the Dakota County District Court.

He was evaluated by a neuropsychologist and a psychologist prior to the hearing on his stay of
commitment on November 20, 2003, in the Dakota County District Court. Those examiners

concluded that Mr. Markingson had a mental illness, but that he had no cognitive impairment
that would interfere with his ability to actively participate in his own care and treatment. In other
words, Mr. Markingson had the ability and had the right to express his consent, or not, in regard

to his medical treatment, within the context of a Stay of Commitment then issued by the court,
and subject to the approval of his court-appointed caseworker.

The Dakota County District Court issued its order on that basis on November 20, 2003, setting
further conditions for his continuing treatment and assigning a court-appointed caseworker to
oversee his treatment. The Dakota County District Court, not the University of Minnesota,
determined Mr. Markingson's rights in regard to his treatment.
Mr. Markingson was released from the hospital to Theodore House in St. Paul, a non-University

residential facility, for continuing treatment subject to the approval of his court-appointed
caseworker. He participated in a day treatment program at Fairview for 3 hours a day, 3 days a
week until May of 2004 and saw Dr. Arlow Anderson, a non-University psychologist, on a
regular basis. With the approval of his caseworker and by his own choice, Mr. Markingson also

participated in the University's research study of the efficacy of three already FDA-approved

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drugs for schizophrenia. Mr. Markingson committed suicide at Theodore House on May 8,

2004. None of his many trained caregivers observed indicators of suicide risk in the months or
weeks prior to his death.
External and Internal Reviews

This matter has been thoroughly reviewed, both internally and externally. Of particular note are
investigations by the Food and Drug Administration, the independent federal agency with
oversight for research in drug trials, and also by the state Board of Medical Practice and the
district court. There has never been any finding that Mr. Markingson's death was as a

result of his participation in the research study.


Investigation by the FDA. Upon Mr. Markingson's death, the University's Institutional Review
Board ("1KB") promptly notified the federal Food and Drug Administration ("PDA"), the
independent government agency with jurisdiction over deaths in drug trials in the United States.
The PDA conducted a full audit of the research study, interviewing witnesses and gathering and
reviewing related documents.

On July 22, 2005, the PDA issued its 21-page Inspection Report concluding, "No evidence of
misconduct or significant violation of protocol or regulations was found in this inspection." The

report specifically investigated, and made findings rejecting, claims of research misconduct and
lack of competent informed consent. The FDA's report is public and is included in this packet of
information. The FDA did not find wrongdoing by the University of Minnesota or the
Department of Psychiatry, or any causal connection between Mr. Markingson's death and his

participation in the study.


Assertions that the University did not notify public officials with oversight responsibility about
Mr. Markingson's death are incorrect. The principal public body responsible for oversight of
research and adverse events in research is the FDA. The FDA, both in Minnesota and in their

national office, was notified of Mr. Markingson's death by letter dated May 13, 2004, just a few
days after his passing.
Investigations by Minnesota State Boards. In response to complaints, independent
investigations were also conducted by a number of state agencies. Minnesota's Board of

Medical Practice investigated lengthy and detailed complaints from Mary Weiss
(Mr. Markingson's mother) against the two physicians who were the principal investigators on
the research study. Following investigation, the board dismissed the complaints.
Minnesota's Board of Social Work investigated a complaint against the research coordinator who

staffed the study. That board found mistakes by the research coordinator that were not
significant enough to warrant discipline, and did not find any connection between the mistakes
and Mr. Markingson's suicide.

The Office of the Ombudsman for Mental Health and Mental Retardation reviewed the matter
and issued its recommendations in July 2005.

Hennepin County District Court. In 2006, a lawsuit was commenced against the University,
the principal investigators on the study, and AstraZeneca, the sponsor of the study. After a
thorough litigation process, production and review of all records, and the depositions of dozens
of witnesses, the Hennepin County District Court dismissed the case against the University,
AstraZeneca, and one of the principal investigators, while the other principal investigator entered
into a nominal settlement to dismiss the few remaining claims.

Importantly, while the court dismissed the case against the University on the basis of
governmental immunity, the court specifically found that Mr. Markingson appropriately
consented to enter the study and dismissed all claims against all parties that Mr. Markingson did
not, or could not, validly consent to participate in the study. Thus, the Minnesota district court
reviewed the issue of Mr. Markingson's consent, which has been a central allegation of

wrongdoing by those who are calling for additional investigations, and the court supported his
ability and right to exercise his consent. In Minnesota, and elsewhere, questions of consent are

ultimately decided by the courts, and a fully informed court decided the issue.
University Review. In addition to the independent external investigations and reviews described
above, and as observed by the FDA in its report, the University's Institutional Review Board
performed a routine, full-board review following the adverse event report of Mr. Markingson's

death and found no irregularities. The FDA also found, in its independent investigation, that the
death was appropriately reported to the IRB, the internal University body with oversight over
human subjects research. The University also reviewed and responded in detail to complaints
and questions raised by Ms. Weiss, Professor Elliott, and others. The letters from the University
are included in this packet of information. You will see that, contrary to assertions by critics, the

University treated Ms. Weiss respectfully and appropriately.


Critics in this case also suggest that the Regents have not been informed of this matter. That
assertion, too, is incorrect. Included here you will find a copy of a letter from Clyde Alien,
former Chair of the Board, responding to issues asserted by Professor Elliot.

The facts clearly demonstrate that this matter has been thoroughly reviewed by appropriate
internal and external oversight authorities, and in all of those reviews there has never been any
finding of research abuse or a causal connection between Mr. Markingson's death and his

participation in the study.

Research Practices at the University of Minnesota


Accusations leveled against the University suggest through innuendo that the University runs a
corrupt system that causes death and injury and then covers up wrongdoing. This is an affront to

this research institution and to the talented faculty dedicated to improving lives through medical
research.

The University of Minnesota Human Research Protection Program is accredited by the


Association for the Accreditation of Human Research Protection Programs ("AAHRPP"). The
AAHRPP is the national organization that has established rigorous research standards for the

protection of human subjects in research. AAHRPP has re-accredited the U ofMN twice since
Markingson's death, in 2007 and 2010. Another re-accreditation review is scheduled for next
year.

Both federal law and University policy require the reporting of adverse events in clinical
research. Serious adverse events sometimes do occur when people participate in clinical trials,

and they are reported to the IRB and to the study sponsor as required by PDA regulations.
The reporting of an adverse event, in and of itself, does not mean or even imply that the drug,
device, or procedure under study caused the event. It simply means that the adverse event
occurred while the person was enrolled in the study. Serious adverse event reports submitted to

the IRB are evaluated by the IRB to ensure protection of the rights and welfare of research
participants.
Recently, critics of the University's research function have asked for an accounting of how many
research subjects have died or been "seriously injured" in psychiatric research studies over the
history of the University, and to account for "the circumstances surrounding those deaths and

injuries." At any given time, the University of Minnesota is engaged in more than 2,000 active
biomedical research studies involving human subjects. The Psychiatry Department alone is
currently associated with 262 active projects. While the IRB maintains comprehensive files on
every IRB-approved research study, including adverse event reports filed in connection with the

study, the 1KB does not maintain a tabulation of adverse event reports by department, type of
research, or nature of the adverse event. Nor, in our experience, do IRBs at comparable research
institutions. Nor are such running counts required by the accrediting standards governing IRBs.

To provide an answer based on data would require gathering and reviewing literally hundreds
and hundreds ofIRB study files to determine whether a serious adverse event report was filed for
a study. Even if department leaders have no knowledge of deaths in psychiatric studies other
than Mr. Markingson's, we would not state with certainty that no death was reported in any

research study without actually reviewing 1KB files for all such studies, and such a project would
require considerable resources, take months of time, and ultimately be unproductive.
What matters is whether our researchers report adverse events and whether our IRB fulfills its
obligation to rigorously evaluate serious adverse events, which it does. Our continued
accreditation as a research institution, through site visits and reviews by the accrediting agency,
demonstrates that our practices appropriately capture and evaluate adverse events in clinical
trials. As explained more fully below, we are again reviewing our current policies and
procedures to assure that they continue to be among the best in the country.

Review of Current Policies and Practices/Faculty Senate Resolution

This matter was most recently addressed by the faculty of the University of Minnesota in
December 2013. After extensive debate, the Faculty Senate passed the resolution included in
this packet, which requests a review and evaluation of the University of Minnesota's current
policies and practices with respect to research review. The University administration, in

conjunction with faculty leadership, is currently carrying out the request of the Faculty Senate.

A request for proposals has been sent, and it is our expectation that the review will be completed
in the next several months. These actions are fully responsive to the Faculty Senate resolution.

Summary
This tragic case has already been extensively reviewed in a number of forums, and in none of the

reviews was the drug study in which Mr. Markingson participated found to have caused or
contributed to his death. It cannot reasonably be argued that the University has refused to allow
an independent professional inquiry or that the agencies and courts that performed such inquiries
were not wholly independent of the University of Minnesota.
The University is committed to carrying out the Faculty Senate's request for an independent
review of our policies and practices, to ensure best practices in all of our research involving
human subjects. This review and its results will be transparent to all.
Biomedical research is a key component of the University's mission and an important

contributor to the health ofMinnesotans and the economy of Minnesota. The University will
continue to perform this important research while also maintaining a rigorous oversight system
for the protection of research participants.

Enclosures

FDA Report (July 22, 2005)


Faculty Senate Resolution (Dec. 5,2013)
Letter from former Chair Clyde Alien (Feb. 7, 2011)
Other letters from University Office of General Counsel

UNIVERSITY OF MINNESOTA
The Honorable Clyde E. Alien, Jr. 600 McHamwa Ahimm Center
Chair, Board of Regenls 2woakstnel.5.Ei.

Miiwmpolis, Mff 55455-2020

Office: 6L2-625-63QO
Fax: 612-624-331S

February 7,2011

Carl Elliott, Professor


Dianne Bartels, Assistant Professor
Joan Liaschenko, Professor
Mary Faith Marshall, Professor
John Song, Associate Professor
Lejgh Turner, Associate Professor
Susan Craddock, Associate Professor
Joan Tronto, Professor
Center for Bioethics

N504 Boynton
410 Church Street SE
Minneapolis, MN 55455-0346

Dear Professors Elliott, Bartels, Liaschenko, Marshall, Song, Turner, Craddock, and
Tronto:

Thank you for your correspondence of November 29,2010, in which you raise
significant questions related to the suicide of Dan Markingson, who was enrolled in
a psychiatric research study at the University of Minnesota in 2003-04. On behalf of
the entire Board, I take this opportunity to express again the University
community's heartfelt sympathy to Markingson's family and friends for this tragic
loss.

At the Board's request, our General Counsel has provided us with the extensive
reviews of this case that were performed over the years by a number of
independent experts and governmental units. They include careful examinations by
the U.S. Food and Drug Administration, the Hennepin County District Court, and the
Minnesota Board of Medical Practice, assisted by the Minnesota Attorney General's
office. In addition to these independent reviews, the University's IRB and a number
of nationally recognized psychiatrists not affiliated with the University reviewed the
course of treatment provided to Mr. Markingson. Each and every one of these
reviews resulted in the same conclusion: there was no improper or inappropriate
care provided to Mr. Markingson, nor is there evidence of misconduct or violation of
applicable laws or regulations.

Driven to Discover5

Page Two
February 7,2011

I have asked our General Counsel to provide you with a more detailed response to
the allegations you raised in your letter. At this time, however, we do not believe
further University resources should be expended re-reviewing a matter such as this,
which has already received such exhaustive analysis by independent authoritative
bodies.
More generally, we note that the University maintains a human subjects protection
program that is fully accredited by the Association for the Accreditation of Human
Research Protection Programs (AAHRPP), the gold standard, to ensure the
protection of subjects participating in University research.
We do not intend to suggest that the broader concerns you raise related to
protection of subjects involved in clinical research are unimportant. To the
contrary, we encourage the University community to engage in further discussion
about these wider issues. In an era when public funding of our University and its
research is limited, we must recognize that critically important medical and health
research requires substantial private investment, both from donors and from
corporate sponsors. Those funding sources provide great opportunities -- and pose

significant challenges - for the University. We believe our faculty is ideally suited to
engage in a rigorous, open, and honest exploration of these opportunities and
challenges, and the impact they may have for the integrity of our research mission.
We ask the administration to work with interested faculty to create an appropriate
forum where these issues can be fully examined.
Thank you again for sharing these important and serious concerns with the Board.

Best regards,

Clyde E.AllenJr.^
Board of Regents

v. ,...:,
?

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Food arxTDrugi Administration'
Minneapolis District Office
Central Region
212 Third Avenue South
Minneapolis, MN S6401
Telsphone;(S12)33-(-4100
PAX: (812) 3K-41M

July 22, 2005

Stephen C. Olson, M.D.


Clinical Investigato.r
2450 jyverside Avenue
P282.2A'Weat-B

Minneapolis, Mtonesdta 55454


Dear Dr. Olson;
We enclose a copy of the Establishment Inspection Report (EIR) for the mspect-ion
conducted at your premises at Minneapolis,,MN, on January 3-6, 1 1, 19, 21 and
26, 2005, by Investigator Sharon L, Matson of the Food and Drug Administiation
(FDA). This procedure is applicable to EIRs for inspections completed.on or after
April 1, 1997. Per-those inspections completed prior to the above date, a copy of
the BIR may still be made available through the Freedom of Information Act (FOIA),
The Agency is working to make its egulatoiy process and activities more
transparent to regulated industry.. ieleasing the EIR to you Is part of this effort,
The copy being provided to you c< iprises the narrative portion of the report; it
may reflect rcdactions made by th| I'Agency ui accordance -with the POIA and 21
CFR Part 20, This, however, does >ot preclude you from requesting and possibly
iderF-OIA,
obtammg additional information
If there is any question about the released information, feel free to contact me at
the address indicated on the letterhead,
Sincerely,

^ ^

W. Chaf-les Becoat
Director
Minneapolis District

CCL/cc]
Enclosure; EIR, 1/3-6,11,19,21,26/05

FBI;

3004927371

Stephen Qlson, MD

El Start;

Minneapolis, MN 55454

El End:

01/03/2005
01/26/2005

Establishment Inspection Report

TA BL3E OF CONTENTS .
SUMMARY OFFI^roINGS.............,.................;.,..........;...............,...........,...,,,..,...........,,,....,..^

ADMINISTRATFVE DATA,,............,...,,.......,........,,....,,....,..,...,,.,.,...,,.,..,,...,,,.,........,............,, 1

raSTORYOFBUSJNESS.........;.......,....,..,...,.,.,;.,.,.......,,,.,..,,.,...,..,,.,:.......,........,.....-..;..,...,.......2

PERSONS INTERVIEWED and rNDP/IDUALRBSPONSIBILITY..,.,....,,..,,.......,..,,........,,,..,3


DSI Complaint #1006.,...,,,.,...,.,.....,....................;..........,,.......,.....,...,,.,......,;...,...,,......,;.,,.....,....,,5

~iNSFECTION............................,,..,.,,,,,...,,,,......,.-...,..^T....,....,..,.,...,,,..,..,o.....,...^

DATAAUDIT..,,,.....,....,..,.,....,..,.,,,..,.......,.,..,...^,..,..,...,.....,..,.......,....,,.,.,...,..,.,.......,..,..,,.......,.l5

DISCUSSION WITH MANAGEMENT ....................................................................................ie


ATrACH^ffiNTS............................................................u,,.................,..,,;.....,....,....,.,,....,...^

EXi^ITS............................................................................................................^

SUMMARY QTVWWNGS
I conducted this clinical investigator inspection and data audit per a For Cause assignment-from the
Center for Dmg Evaluation and Research (CDER/HPD-46), dated 12/14/04 to follow-up on Division
of Scientific Investigations Complaint #1 ^06 (Attachment #1 and 2).
This is the first FDA inspection of this cjmical uivpstigator,
s

The study assigned for audit is titled "Efficacy and Tolerability ofOlaazapuie, Quctiapine and
Risjperidone in the Treatroent of First Episode Psychosis: A Randomized Double Blind 52-Week
Comparison" aka "CAF6 Study", protocol number 5077JL/01-14, IND 32,1 32 sponsored by
AstraZeneca ^Attachment #3').
>*

No PD 483 List of Observations was issued. I noted several items verbally. No evidence of
misconduct or significant violation of the protocol or regulations was found in this inspection. See
heading DSI Complaint #1006. Questions regarding psychiatric diagnosis would have to be
addressed through medical revie'w at CDBR.
I used Compliance Program 7348.811 for this inspection and report,

ADMINISTRATIVE DATA
Inspected firm: Stephen C. Olson, MD
Location: 2450 Riverside Avenue

lof21

FBI;

EstabJishmeat Inspection Report

El Start:

Stephen Olsor), MD

MinneapoliSi MM. 55454

El End:

3004927371
01/03/2005
01/26/2005

F282-2A West-B
Minneapolis, MN 55454
Phone; 612/273-9763
FAX.; 6.12/273-9779
.Mailing address: (same a5 above) ' ;
B-mai-1: olson403@umn.edu

Dates of inspection: 1/3/2005, 1/4/2005, 1/5/2005, 1/6/2005,1/11/2005,1/19/2005,

1/21/2005,1/26/2005

Days in the facility; 8


Participants; .SharonL, Matson, Investigator

jHISTORYOF.BTCjlStNESS
Stephen C. Olson, MD started at the University of Minnesota (UMN) in December 2000 as an
Assoqi'afe Professor of Psychiatry. He has been involved in clinical research as a principal and co-

investigator since about 1986 and those studies are listed in his CV, attached as .Exhibit til.
Besides teacliing and research. Dr. Olson's responsibilities include; . '

Director, Schizophrenia Program within the UMN Academic Health Center


- Attending Psychiatrist on Station 12, FUMC'R (farthei described below)
pacUitatwg some group therapy ses'sions at the FUMC-R. Day Treatment (")
, arid, providing private outpatient practice services.

"Stafi'o.n i2" is a psychosi's specialty unit at Fairview Umversity Medical Center -Riverside hospital
(FLFMC-R, same address as referenced) which opened on 4/1/03. Station ]2 was described as a
"state oftjie art" inpatient unit with dedicated staff to treat patients with psychotic disordei-s, The
Medical Director for this unit is John Vuchetich, MD " one of Dr. Olson's co-investigators on Ais

study. When asked about Us responsibilities for Station 12, Dr. Olson said he is an Attending
Psychiatrist on thai unit and was involved in the planning of it.
"Day Tren(roent" is an outpatient Adult Mental Health Day Trea-tment Program at FUMC-R aka
Day Treatment, Patients are refen-Bd T.o this program from mental health care providers in the Twin
Cities area or by self-refen-a] but all must be "admitted" by a physician with privileges at FUMC-R,
A Treatment Plan is made that includes combinations of group or individual therapy, occupational
therapy, education, and other activities. Progress Notes are made ttooughout the treatment period
and recommendalions/a plan is made before discharge.

2 of 21

Esfablishtnenf Inspection Report FBI: 3004927371


Stephen 0 (son, MD El Start: 01/03/2005

MinneapoJis, MN 55454 El End; 01/26/2005


Dr. Olson is compensated through both University of MN Physicians (UMP) as an independent
licensed physician, and through UMN research funds.

PERSONS INTERVIEWED and INDIVTDUAI/ JR.ESPONSFBILITY


This inspection was uneunnou.noed. I showed up at the referenced address, showed credentials, and

. issued a FD 482 Notice of Inspection to Stephen C. OIson, MD, Qjnical ]av<?sh'gator iwd person
most responsible for this study, I explained this.is a For Cause inspection -to follpw-Up on a
complaint and that it would include .a fall audit of the referenced study. Dr.. Olson answered all
questions asked and was available upon request throughout this inspe&tion.,

Dr, OIson had a patient scheduled within a half hour of ray arrival and so after obtajming prelunuiary
information he brought me to the Ambulatory Research Center (ARC) located in the Riverside
Professional Building (606 24."1 Ave, Suite H'602, Minneapolis, MN 55454) which is attached by
slcyway to FUMC-R, ARC is administratively witlim the UMN Department of Psychiatry, At ARC
Dr. OIson introduced me to:

Jeau Kenuey, LJCSW, Study Coordinator


Scott Lenz, Assistant Director, ARC ,
EiizabcUi I.,emke, CommuiD'ty Program Specialist.
Together, Dr. QIson mid Ms, Kequey provided access to the study records, in- and outpatient
medical records, and answered all questions asked.

' Dr. OJiOn Is the principal investigator on this study, He attended the Investigator's Meeting m
Chapel Hill, NC 1/21-24702. He eorotJed the majority of subjects on this study. Dr. Olson's
responsfbilfties for this study include communications with the sponsor, monitor, and IRB; making
diag-noties; particj'patJng in informed consent; detennining subject eligibility; seeing subjects at each
visit, reviewing evaluations, and determining whether subjects should (;onlinue;'and, overseeing .
. study slaff,
Dr, Oison's co-invesfigalorp on tins study are:

S. CLartes Scliulz, MD, oud Hend oftLe DMN Department of Psychiatry


Johu Vucbetich, MD, and Medical Director of^UMC-R Station 12
Their CVs are attached as Exhibit #2_and 3, Dr. Vuchetich enrol'led and regularly assessed about 4
subjects on study. Otherwise all were seen by Dr. Olson, Dr. Schulz did not enroll any subjects and

was a back-up only if one of the other physicians was out. Dr. Schuk did see Subject # 13/DRM, (lie
subject of DSI Complaint)?] 006 on 11/29/03 as an attending-on Station 12.

3of2I

Establishment Inspection R.cport FEI; 3004927371


Stephen Olson, MD El Start: 01/03/2005
Minneapolis, MN 5545<f El End; 01/26/2005

Admjnistratively, as UMN psychiatry staff Dr. Olson reports to Dr. Schulz who reports to Deborah
Poweil, MD, Dean, Medical School, UMN -> Frank Cerra, MD, Senior VP, Academic Heallh
Center, UMN -> Robert Bruminks, President, UMN, 100 Church St., Rm 202 Momll Hall,
Minneapolis, MM 55108.
Jean Kenney became the study coordinator in 6/Q2 ajfter the original coordinator - Rvtli Tliomson,
left. Ms. Kenney's responsibilities for this study include evaluating patienls ability to consent;

explaining the study to prospective subjects'and obtaining nrfohned consent; seeing subjects at eactf
visit; performing evaluation.s; receipt, dispensing, and accounting fortest articles; entering data

collected into electronic case report forms; participating in monthly study coordbator telephone
conferences; and, overseeing other staff fhat perform some of the above. Ms.Kenney is 40% paid

fhrough UMP as an independent licensed social worker at FUMC-R, outpatient. She is 60% paid
through UMN researc}! funds. She reports to Dr. Olsan, Her CV is attached as Exbjbit#4,
A number of study staff besides Ms, Kenney were trained and Certified to'perform evaluation scales

such as the Structured Clinical Interview for DSM-TV Ax^'s I Disorders (SCID)| Positive aod
Negative Symptom Scale (PANSS), and Clinical Global Impressions (COT) per review of records;
Elizabeth Lemke, Julie Pcarson, Tanya Adelman, Angda Guimaraes, and Christa Surerus-Johnson,
TAcy al;o were involve.d in explaining the study to subjects and oblflim'ag and/or witnessing signed
consent. Their CVs are attached as Bxlp'bj't #5 - 9. ' .

I spoke to several other persons by phone iri the course of this inspection and complaint follow-up;
Bill Andersen, Eagan Counseling Clinic (a memo of telecon is atteched, A_ttachn]en1 #4J
Adrienne Baranauskas, Director of Research, FUMC-R

. Keith Duuder, Attorney, QfiRce of the General Counsel. AHC, TJMN (A_pA<;hmenti5.)
Norm Jsaacsou, Investigator, JvTN Dept, ofHuiaan Services (Attachment^)
Tyna Isaacson, Deputy Director, Dakota County Social Services

Moira Kcaue, Direclor, Research Subj'ecte' Protection Programs, UMN (Attachment #7)
Peggy M'attingly, Director, Day TreatmentProgram, FUMC-R
Pat Murphy, Program Manager, Sta'tion ]2> FUMC-R.
Erie Petersou, AdmJnistrator, Boston Health Care, Theodore I home (Attachment #8)
S. Charles Schulz, MD, Co-investigator and Head, Dept, of Psychiatry, UMN (Attacbin&atJ?.)

Jo Zilihardt, Medical Review Coordinator, MN Office of the Ombudsman for Mental Hsalth &
Mental Retardation fAttachrnent#lQ)
J attempted to meet and/ortalk to the following persons in follow-up to the subject complaint;

4 of 21

FEt:

30949273'71

Stephen OIsori, MD

El Start;

Minneapolis, MM 55454

Et End;

01/03/2005
01/26/2005

Establislini en t Inspection Report

David Peit, Case Manager/Merrtal Health Social Worker, Dakota County


Theodore I rcsidence/group home stafTthal actually interacted with DRM .
Dan Buse, psychotherapist, Day Treatment Program, FTJMC-R

Through their directors I was told they could not speak to me without a signed consent from a living
relative. Consent was not pursUsd at this time per coosultation witli the assigrroiont contact.

DSICpjmpIaiut#IOQ6
This complaint involves the death/suicide ofDRM, Subjfict #13 in the referenced study, DRMs
Death Certificate shows he v/&s found dead on 5/8/04 due to "shaip force injuries to tb& neck aod
chest" with. a contributing condition of "history of mental illness", and manner of death "suicide",

His Death Certificate, Autopsy Report, and Serious Adverse Event report are attached asfixhi^it
#10,'11.

and

12.

'

The main points of the complaint and follow-up are as follows. .


1) DIUVT did not have the diagnosis under study, i.e.schte.ophreBia,scIiizophreuifprm
disorder, orschizoaffecttve disorder. . .

" DRM was admitted to FUMC-R on 11/12/03 'after transfer &om Regions Hospital, St. Paul, MN
where he had been lirought in handcuffs and placed on a 72-Hour Hold, Medical records showed
that DRM presented on admission to PUMC-R as grandiose, agitated, and having sleep problems.

He was placed on Station 12, He was diagnosed with "psyobosis N.OS" [not otherwise specified]
. throughout his admission wrtil discbargs on 12/8/03. Initial notes include differential diagnoses of
possiMe mood disorder and bipolar as well as schizophrenia. The differendal is schizophreiiift by the
time of discharge. DRMs inpatient luedical records are attached as Exhibit #13, and the following
chronology is provided for reference.

U/.12/03 Admission Note, Diagnoses, Axis I;


1, Psychosis, not othsrwise specified
2. Mood disorder, not otherwise specified
3, Rule out b'ipol&r affeotive disorder with psychosis
4, .Rule oul schizophrenia

.11/13/03 Attending Admission Note [by Dr. OIson], Diagnosis; Axis I: Psychosis NOS,
Differential diagnosis includes paranoid schizophrenia, schlzoaffeotive disorder, and
bipolar with manic psychosis. General medical condition needs-to be niled out.
Started Risperda), 3 rag for psychosis

5 of 21

FEI;

EsfaMJshmcat Inspection Report

30(M927371

Stephen Olson, MD

El Start:

01/03/2005

Minneapolis, MN 55454

El End;

01/26/2005

Internal medicine consult" TSH normal, hypsrlipidemia, elevated total bilirubin;


othenvise normal.

11/14/03 Psychosis NOS, DSM code: 298


Examiner's Statement in Support of Petition for Commitment by Dr. Olson states '
psychosis N03: paranoid schizophrenic vs. psychotic rnaniiivs. psychasis dw to

meidica.1 conciirioa per examination 11/13/03.

11/15/03 Psychosis NOS


ll'/n/03 Attending Note stales MRJ and -thyroid studies normal, Diagnosis: Psychosis N03
Pre-Petition Screening Program Report recommends Qommitaient due to "mentally

ill", diagnosed Psydiosis NOS, Mood Disorder'N03; R/0 Bipolar, R/0


Schizophrehia. ':
11/18/03 . Psychosls NOS - schizophrenia vs. mania
Neuropsychologfcal evaluation - normal fimctioni'ng

11/19/03 PsychosisNOS .
11/20/03 PsychosisNOS . .
11/20/03 Note stating mother called and questions medication compliance', Moutii checks 'are
started.

. 11/21/03. PsychosisNOS ,
Chemical Dependency Evaluation
Evaluation to Sign Consent Form obtained by Jean Ken-ney and witnessed.
S-tu'dy Consent Form signature obtained by Ms. Kenney and witnessed.

Exhibit #14 and 15


11/24/03 Psydiosis NOS
DRM began study screening. "Schizophreru'a" per Structured Clinical Interview for

DSM-IV Axis I Disorders (SCID) - Exh]'bit*ll_6


6 of 21

FBI:

Est'itblJshjnfindnspectioT) Report

3004927371

Stephen Olson, ME)

El Start;

01/03/2005

Minneapolis, MN 55454

El End:

01/26/2005

11/25/03 PsychosisNOS
11/28/03 Psyohosis N.OS

11/29/03 PsychosisNOS
12/1/04 Psychosis NOS, probable paraaoid schizoplirenla
12/2/04 Psychbsis NOS-

12/3/04 PsychosisNOS
12/4/04 Psychosis N03
12/5/(M Psychoss's'N~OS,..probable paranoid schizophninio -Baseline visit with Ms, Kenney, DRM to begin test articls that evening

12/8/04 Discharge Diagnoses, Axis I;


PsychosisNOS
Probable schizophrenia '
.Questionable history of alcohol abuse versus dependence

As noted, DRM met criteria for schi'zophrenia on 11 ,24/03 per Struclured Clinical Interview for
DSM-IV Axis I Disorders (SCID) -Exhibit #16. He r&tams the diagnosis ofschizophrenJa
throughout outpatient study visits - records attached as Exhibit #17.
In evaluating a new, psychotic patient Dr. Olson described the first things they lo'ok at to rule out are
a medicai condition, drugs, and then mood disorder, When asked how bipolar psychosis was ruled
out Dr. Olson described thsri they took a detailed history fsom tbe mother; Neillier mom nor DRM

could identify anyone that could provide, first hand accounts of his behavior while living iu
Califoraia [for about 3 years] other tlian brief visits by the molher on 2 occasions, DRM.did not
report any manic episodes - question A16, SCID (Exhibit #16). Dr. OIson described that ultimately
DKM did not mad Ihe criteria/show symptoms indicating a mood disorder,
Dr. Olson and Jean iC&nney volunteered that they were aware DRMs mother was not happy with his
diagnosis or treatnent and believed he was not getting better. She sent several letters regarding this
whicli were in DRMs file and are attached for reference as Exb'bit#18. Dr. Olson suggested getting
a second opinion and -Uiat is notec! in several placBs; mDthers tettei to Dr. Schulz (no date), Dr.

Schulz response, and study progress notes 4/15/04 attached as Exhibit Hi 8 page 1,U andExhjbrj
^H page 18. respecdvely. TIie roother also had coDoems about DRMs thyroid, possible gluten
.intolerance, and nutritional supplements that might be affecting him and these concerns were
addressed, i.e, tests and consults were perfonned.

In summary, questions regarding psycbiatri'c diagnosis would have to be addressed through medical
re-view at CDER.

7 of 21

FBI;

.3004927371

El Start;

01/03/2005
01/26/2005

Esfabb'shment Inspection Report

Stephen 0]son, MD

EJ End;

M'iimeapolis, MN 55454

2) DRM was court ordered to get medical treatment and instead was put in a study,
Court and coiirt-related documents are attached as Exhibit ^19, A petition for commitment was filed

forDRM 11/17/03, A stay oF coTnroitment was court ordered 11/20/03 for 6 months under agreed
upon terms and conditions tha.t included (Exhibit tfl 9 paw 13);
remain hospitalized and cooperate with trea.toient until medically discharged;. ,
enter, participate, and complete an inpatienVoutpatient treatment program and aftercare
rs'comm&ndations as determined by social worker;

cooperate and follow rules at ^ny living-facility arranged by social worker;


" take dmgs or medica-tions only as prescribed; and,
o cooperate with social v/orker'as determined,
The terms of the stay of commitment and conditions ofdisch'arge are rorived at by a patient's
treatment team that includes a- psychiatrist and county Case Manager, in this cnse David Pettit. I was
not able to meel/talk/review records with Mr, Petti't as noted above but a 12/11/03 progress note

stales that he was supportive ofDRM being in fte CAPS Study . ExhLbJt #17 pagelZ..
Before discharge from Station 12, arrangements for after care are discussed and made. The choices
'for DRM included participating in a study or receiving standard luedical care. Wjhen asked what
"stendard care" is Dr. OIson described that most patients would tie prescribed medication and asked
to return within a couple weeks of discharge and on some regular basis after tbal. He said the wait
for & new patient to gel in with a psychiatrist -is about 4-6 weeks. Standard care was described

similarly by several others (telecons noted above)" patients see a psycliiatrist for medication
tolersLnce checks atiout each 3 nionths for 5-10 minutes. Dr. Olson and Ms. Kemiey described that
at least one significant advantage of a clinical study is tliat a patient is seen more -frequently, for
longer visits, and can therefore be more closely monitored. They des&ribed Vast medication
compliance is very important and with'more frequent monitQring, compliance is better, He said
there is a 5x greater rate ofre-bospitalization for patients who do not take tlieir Btiti-psycliotics,
I dsked what might be prescribed -to DKM. or any other subject bad they not been in this study. Dr.

Olson said he believes each of the drugs in this study is equally efficacious and so prescribing is
based more on negative symptoms, e,g, if a p'atieiit already has a problem with weight he may not

prescribe Olanzapine; if patient has trouble sleeping he may prescritie Seroquel; ifpali'enthas a
blood relative with success on one drug he may prefer to by that first; etc.'
In summary, DRMs commitment was stayed -under terms and agreement that he would particiEatsjn
treatroenl acceptable (o his spci'al worker. This study was presented as a choice to DRM, he was
evaluated as able to provide consent, and lie did voluntarily enroll. No evidence was found that
DRMs social worker/case n-ianager disagreed with this plan or that he or DRM wished to change it at
any time

8 of 21

FBI;

Establishment Inspection Report

Stephen 01 son, MD

El Start:

MiruaeapoHs, MN 55454

El End;

3004927371
01/03/2005
01/26/2005

3} DRM was no( in a state to have been able to give voluntary, iuformed conssnt.
As noted, DRM was admitted to FUMC-R on. 11/12/03 upon transfer j&ocri Regions Hospital where

he had been brought in by police in handcuffs and placed on a 72-howhold, By 11/13/03 he started
taking Risperdal voluntarily while i.npatieirt on Station 12. A pelition for commitment was prepared

and filed in. court 1 1/17/03. On. 11/20/03 the court issued a stay of commitment. The terms ofths
stay and conditions of discharge were arrived at by DRMs treatment team. At no time was DRM
under a Jams Order, .'

On 11/21/03 DKM was evaluated as able to give consent by Ms. Keoney and witnessed by Ms.
Lemke. He subsequently signed tho study consent fonn with Ms, Kenncy and Dr, Olsoii, Both the
evaluation and consent documents are attached as E5{,bibit_#14andl5, Note that the evaluation of

suljects" ability to consent is an addi-tional step perfbnned at tliis study site - it Is neither Teqwred
nor mentioned in the study protocol.

By the time DRM consented on 11/21/03 he had undergone an internal medicine'evaluation

(11/13/03), had an MRI and thyroid studies (11/17/03), a neuropsychological ev&lwtiou (11/18/03),
a chemical dependency evaluation (1 1/21/03), and had been observed on a daily basis by n'u.merous
medical and'mental health care staff oa S-tation ,12. There was nothing different about this subject
than. others enrolled to indicate he couldn't provide voluntary, informed consent per review of his
medical records or the approved study pyotocol which allows foreiu'ollineot ofinpatient subjects,
4) DRM was kept on s.tudy despite deterioration.

DRM consented to Un's study 11/21/03 and began taking study medication 12/5/03, The symptom he
consistently scored on the PANSS a.s mild to moderately severe is'G12, "Lack ofiudsroent.gnd

jnsight; Impaired a-wareness or understanding of one's own psychiatric oondition and life
situation.***" Portions of his PANSS and CGIs evaluations -- scoring on amy question'of "3", Mild
or higher scores, are aftacb.ed for reference as Exhibit ti21. Below is a summary ofDRMs PANSS
012 score and COI scores over time, .
(PA.NSS severily scale; I = AbsBni, 2 " M'iniTiml, 3 " Mild, 4 Moderate, 5 '= Moderately Sevfcrtf, 6 a Severe, 7
Bxlreme,.C'GI severity scale; 1 "Normal, Non'll, 1 "Minimally ill, 3 "Mildly ill, 4=-Modei'atBly ill, 5 "Markedly ill,
6 " Severely ill, and 7 = Very severely ill.)

sc BL
G12
CGI

**

V]
12/11
5
3

V2-

V3
12/24

12/19
5
2
3

V4
12/31
5
3

V6 V7
1/8 1/16 1/30
3
3
2
1
2

-V5-

9of2I

V8
2/13
4

V9

V10

vn:"

3/2

3/31*

4/28*;

5
4

FEI;

Est.abh'shmendjispecdoti Report

El Start:

Stephen OIson, MD .

El End:

Jvlinneapoli's, NW 55454

3004927371
01/03/2005
01/26/2005

""'Abbreviated PAWS at screening


*rater up to Visit S9 was Jean Kenney, V10 and VI 1 ralerwas Julie Psarson

The SAE report for DRMs death CExhibit#12) states in pan "Over the last few months, DRMs
ADLs have detwiorafcd, often with a dish'eveled appearance and wearing the same dothes &s
previous visits." I asked Ms. Kenney about "ADLs" and she described that it is terminology, not an
actual list or scale that is do.cumentsd and tracked. There is also a reference to dwli'ning ADLs in a

pTOgress note (Exhibit #] 7.page 18). Otbeiwise, leview ofDRMs records - attached and described
further b<;Iow, does not appear to indicate a significant decline or deterioration.
Al the same time, records stow that DRMs mother bad sen'ous concerns. Bxceipts from study visit
notes and con-espondence are highlighted here for reference.

l'2/l 1/03 [study] Visit # 1, "Schizophrenia"


12/19/03 Visit #2, "Soliizophrenia". Ms, Kermey notes tiiat mother is very concemed ~ DKM
is getting messages from the. TV, still has beliefin the cult, and she is convinced he is
covering symptoms.

1/16/04 . Visit #6, nole that DRM has started Day Treatment program [1/14/04] . .
1/30/04 Visit #7, notes group home 'has questioned DRMs medication coinpliance and started
'more closely inonitoring

2/Z<)/04 notes DRM due for Visit #9 " he called to say he'd forgotten appointmerrt
. 2/27/04 notes v/ere to have a family meeting today, mother did no-t show .

3/2/04 Visit #9, "Schizophrenia"


3/25/04 Ms. Kenney notes conversation with mother and her friend regarding DRM canceling
iherapy appointments, not talking in therapy, and unrealistic plans to move

3/31/04 Visit ffl 0, DRM completed Worl<bool< Sheel #5 which asks "Recovery; Look at the
following timeline of recovery and mark where you think you are in the recovery
process." DRM rated himself at the top of (lie curve, "Fu]) rc-covery witli no
.symptoms and functiorung well in life," ['Exliibh #21,, j?age5 01
4/15/04 several notes regarding meeting held at request of Case Mimagei Dave Petlit on
DRMs readiness for independent living. Mother no-tes concerns. Dr. Olson discusses
extending stay ofcommitaient. Ms. Kenney noles calls from DRMs mofhet'a friend
and mother stating; his roeds are not working, he's oul of control, "Do we have to
wait until he kills himself or someone else before anyone does anyfhing."

10 of 21

"""n

FEI;

Establi'sbmeu.t Inspection Report

Stephen Olsbn. MD

300'19Z7371
01/03/2005
01/26/2005

El Start;
El End;

Minneapolis, MN 55454

4/28/04 Visit #) ], Calgary Depression Rating Scale is performed looking at 9 items and DRM
is raled 1 - Absent for each indicator of depression,
-PANSS comments; "DRM presents disheveled today, .hair vnkempl, wearingj&cket
on

hot

day,"

'

Besides tlus study, DRM was participating and being obsen'ed in'hls group bome - Theodore I; the
Day Treatment program at FUMC-R three llnies per week; mdividuaJ therapy at Ihe Eagau .

Counseling Clinic; and regularly meeting with his Dakota County Case Manager who is (he
responsible liaison between the court and physician for a committed person. No deterioTa.tion
' appears to have been noted in'these arenas. . ' ' .

When DRM was discharged Irom tlw FUMC-R on 12/8/03 he went directly to TJieodore I, a "Rule
36" residential facility for adults with mental illness. Dr. Olson described that DRM would have
been discharged sooner but they were waiting far bed to become available at Theodore I,
"Medication exchange records" were earned by DRM between Theodore I with steff notes on one
side and MD/Dr. CUson notes 'on the other. No problsms were noted in exchange records except on
3/30/04. That note states home staff began more rigorous medication check with DRM - liaving him
observed during and after dosing> to assure, he was swallowing meds- [It was suspected that he

might be palming medication because of one occasion when it was thought he brought his hand
down from his mouth too quickly - see Memo of Tekcon with Eric Anderson, Attachment #8] . No
other concerns were suggested 'by the notes which are attached asExhjbiLffl 7 page 20 - 27,

DRM was admitted to the FUMC-R outpatient Day Treatment Program on 1/14/04. In this
program he received 2 boui-s of group therapy and 1 hour of occupational therapy 3 times per-.week,
Various assessments were made at each session regarding observable 'b&havior; appearance; mood;

affect; tliought content and form; psychomotor behavior; what type of intervention is peeded,
mcludmg regarding safety; and, a continued plan, Notes indicate some progress being made and he
"graduated" from Day Treatoient/was discharged on 5/5/04, Day Treahnent records are attached as
Exhibit

#20.'

..

..

'

DKM was additionally recdvmg outpatient therapy from the Eagan Counseling CHuic about once
per month. No deterioration was noted in tliat setting either per discussion with DRMs counselor
and his review, of notes - see memo oftelecon, Attachment #4.
As noted, Dave Pettit, Dakota County Case Maoager was the responsible liaison 'between the court
Mid Dr. Olson. I attempted to contact Mr. Pettit during this inspection but was told through Ws
depEu-tmenl direcior he would not be allowed to speak about this or any case withoul a signed release
from a living relative, A release was not pursued per discussion with (he CDER assignment contact.
Mr. Pettit reportedly had fairly frequent contact with DRM and was described by more than one

11 of 2)

Establishment rnspection Report FE[: 3004927371


Stephen Olson, MD El Start; 01/03/2005
Minjiwpolis, MN 55154 . El End; 01/26/2005
person interviewed as a very good, involved, experienced case manager. There was no indication in
records, discussion, or interviews during this inspection of disagreement with DRMs enrolling or
con-tiniting in this study.

' Overdll, there is no evidence of suggestion or request lo clmge DRMs treauxisnt plan, change
medications, or re-bospitaUze him from.any of the 4 non-study arenas noted.
At the same time. Dr. Olson described that no one was in favor of dropping DRMs commitment.
when his 6-monfh slay was neanng expiralion. He said DRM cii'd not object tQ tbis. He said their-.
inlention was to keep. him in the area, to stabilize and continue treatment whether on or off study .
instea'd of rushing on his ultimate goal which was to return to California, Dr. Olson's :

recommendation to extend his stay of commitment is attached as Exhibit #]g pa^e ,1^.
. Both Dr. Olson and Ms. Kermay said DRMs main presentali'ori was not fully graRplng, having insight
into the severity ofhi's disease. He did not present any depression, syicidal thoughts, satanic or

religious thoughts [as had been present at admit]. He appeared to be compliant with medications.
He was thought to have improved somewhat in. the Day Treatment program such that close to
discharge from that program he was looking for an apartment with his case manager, and bad started
at a drop mcenler/coromuiuty program. They were aware that DRMs mother did no< thuilc be was
doing \vel]. It is documented that they encouraged DRM to get a 2" opinion iffor'no other reason
than hjs mother being very concerned about bis treatment and b&lieftliat hewas.not doing well. He
'.

declinsd

to

get

2"

opinion.

'

Ms. Kcrmey expressed that she was impressed that DRM cliose to take a more active route in his

outpatient care and told him so. She said he could have easily done iess. She said he could Iiave
; chosen to accept standard treataient and wouldn't have had to come in for the numerous, lengthy
visits and evaluations;
In talking to Dr. Olsoii, Ms. K.&imey, Mr.'Peterson iToro Theodore I, and Dr. Andersen, each said

they were shocked to hear ofDRMs suicide, He did not show evidence oflhat kind ofdeteriorati'on,
Dr. Olson said (here was no increase in delusional thinking and that when patients start beooming
grossly psycbbtic they usually talfe about ~ as DRM did al admit. He said that ifapatieat is not
taking laedicatJon there is nomially a cliange in behavior. In -the case ofDRM there was not
evidence to support an additional 72-hour hold or take hjro off study inedicgfa'on/change medi'cation,
When asked, if there are any clues in retrospect, Dr, Olson said only that his method of suicide
showed inlcnt to complete it and somehow being removed enough to be able (o persist through it,

12 of 21

FBI;

Establishment Inspection Report


Stephen Olson, MD

El Start:

MinncapoHs> MN 55454

m End:

3004927371
01/03/2005
01/26/2005

5) The Cis are guilty of miscouduct and the University ofMN is possibly shieldiug tb.eir
staff,

I did not find any evidence of misconduct, significant violation of the protocol or regulations
go-verrung clinical investigators or LRJ3s in tTiis inspection, data audit, or interviews.

Other Jnvestis;atlons of DJRjMsJcathj. (1) The UMN ?.8 perfonned a routine, full-board review of
DRMs dwtb/SAE. No in-egularities were noted or further follow-up performed per recoTds (EsMbit
#12^&ge-3s) and per contact with the LRB (memo oftelecotr'withMoiraKeane, Attsclimeni #7),
(2) A post-mortem/morbidity and mortality conference on the DRM case was conductsd'on 1/5/05.
No reports, sununaries, notes, pr formal recommeDdations were or are roads reportedly. It is a
' hospital-driven internal peer-review used for improvement and teacliing per Keith Dunder, XJMN
artomey (reference memo oftelecom, ^ttacfcment#5),
(3) The MN Department of Human Services perfonned an investigation in response to a Complaint
' that staff at the Theodore I group home neglected DRM, a "vulnerable adult" prior to his death at .
that facility. No indication of maltreatmeiri/neglectof supervision was found and no further followup recommended. The report was provided througli MN DH3 and is attached to a memo oftelecom
with Investigator Norm Isaacson - Attachment #6, . . -

(4) DRJMts death is also being investigated by the MN Office of the Ombudsman for Mental Health
8t Mental Retardation. That investigation is still in-process. Results will be available publicly.' See
memo oftelecom with Jo Zillhardt of that ofiioe.- AttechmontfflO,
Dr. Olson said [and records show] that in addition to the above he and Ms. Keimey have been

contacted by letter or visits jfrom the following offices requesting records, which have pfovidcd; .
Patricia M. Sjeberl, Attomey, Disability Law Center, Mimieapolj.s, .MN - au'advocBcy
. organization;

* MM Attorney General Mike Hatch regarding providing records to DRMs mother- Dr. Olson
isn't sure if.this in conjuDctlon with other offices;

DRMs mothej- directly and elso througl) Keifh Dunder, Attorney, Academic Healfh Center
Counsel, .UMN, Minneapolis, MN; and,
Robins, Kaplan, Miller and Ciresi, LLP, Minneapolis, MN- a law firm, on behalf of DRMs
mothei.

13 of 21

FBI;

Establishment Inspection Report


Stephen Olson, MD

El S (art;

Minneapolis, MN 55454

El End:

3004927371
01/03/2005
01/26/2005

INSPECTION
Pro(ocol: The protocol sent with this assignment - ASfifIlElSUt^i ]s the saiae as that on she and so
no additional copy was collected, Deviations from the protocol were documented and a log is
attached for reference as Exhibit #22, No un-reported deviations wore founci In tliis inspection.

Sub fee ts ^ r ec o rd s; Subject records consist of a din ical cbarf/binder containing signed conssnt
forms, lab reports, shidy visit note's, etc,; and, a binder of source data forms for mainly the various

evalualion scales, e.g, SCID, PANS S, CGL These are maintained in a locked room in the ARC,
Subjects additionally have an inpatieut medical chart if hospitalized and ovtpatleaf medical chart
ifs/he participated in for example the Day Treatment program, which are maintained ui themedical
records department at FUMC-R, Subject records are adequate to account for all subj'Bcts through

their stated participation in.lhis study. There are examples of subject records for DRM attadied as
Exhibit #17, 2L13, and ,20, respectively.
.GoxiscnJ' of human^subi'ects:, A consent form is on file for each subject, signed prior to screening,
per review of subject Source records. Additionally, an Evaluation to Sign Consent Fonn was
performed, witnessed, and documented for subjects prior to obtaining informsd consent. This
CivaJuation to sign consent form was initiated liy this site, i.e, it was.ncrt required or suggested by theprotocol or sponsor. Ah example signed consent fomi and evaluation are attached for reference as

Exhibit #14 and 15. The consent form vras revjsed on 5/2/02,7/1/02 10/23/02, 3/25/03, and 3/24/04
and approved by the IRB.

Infoimed consent was performed by ^tudy staff and by the clinical ijnvestigator. The study was
explained by both parties, Study, staff- almost always Jean Kenney, sometimes Elizabeth Lemke
perfoimed the evalualion to' consent and obtained consent form signatiups,
Subjects were recnnted fi-om the pliysici'ans/FtJMC" Riverside patient populatioji Mid referrals fi'om

other physicians and community groups. Dr. Olson and Ms. Kcnney received HUB approval and did
make some presentations at local mental health centers on this and a1 'least one other study to
incr'ease awareness swd provide a contact for .referral.

Ipstitufional JRcyiefvJBoarch The LTMN Institutional Review Board'(1KB), Minneapolis, MM 55455


(FBI 2127205) provided initial and continuing revisw and approval ofthjs study. The original
application for review to the BU3 is dated 2/11/02, Final approval was received in a letter dated
4/22/02, and continuing approval via letters 2/3/03 and 2/2/04. Portions of the application for'
review, progress reports, and IRB Subriiission Lag are attached as Exhiliil]?23,

14of2]

FBI:

3.004927371

El Slart;

01/03/2005
01/26/2005

Establishment Inspection Report


Stephen Olson, MD
Mimieapoli's, MN 55454

El End; .

To date, reports and change requests appear to have been appropriate and submitted timely with one
exception- see verbal observation #2 under Discussion with M'anagemenf regarding a consent

form update on risks ofdiabeies and hyperglycemia. Also, the original application to the IRB stated
this study wasn't associated with an IND- verbal observation # 1. .
Adverse even (s:. Adverse events to date appear to have been appropriately captured and. reported per
review of subject records. Two serious AEs occurred and were reported'to Ihe sponsor and IRB;

Subject ifl3/DRMdeath73uic)de on 5/8/04-ExhibiV^,


Subject #20/CLW pregnancy/fetal raisearriage on 5/6/04 - exhibit #24.
Sponsor/moBi'tor:. Quintiles is the contract monitor on this study. A Senior Clinical Research
Associate from CJncuatti; OH was assigned to this site first fQllowed by another senior CRA. located
in Waulcosha, WT. The first monitor visit-was on 1/7/0.3 and additicmal visits liave lieen made about

quarterly including during this inspection, the week of 1/10/05. A copy of the Site Visit Log and
post-visit letters/r.eports are attached for reference as Exhibit K25, .
Test article accountability: Test articles were ordered for mdividuid subjects via an Interactive

Voice Response System (IVRS) phone system operated by QuintiJes CTriangle Park, NC). Test
articles were delivered to the attention. of-Ms, Kenney at the ARC, Subject compliance was checked
at each visit. No deficiencies were noted in accounting for test articles received, dispensed, .or
returned. Records appear adequate to track all TAs received and dispensed.
iilectfoni'c records and signatures: Data was eriteTed into an e]ectronic,system from source
documents such as data forms provided by the sponsor/monitor, lab reports, etc. versus direct entry.
None of the electronic case report forms are copied or kept here and I did not request any for review,

DATAAXJmT
This study started here with the signing of the first subject consent on 11/19/02. Final subject visits
should be completed durnig 3f05. Twenty subjects were screened for this study. Of-the 20:
* 17 were randomized (#14 was a screen failure, #16 decided' against participating before
.randoniization, and #17 could noi be reached after screening)

Subject #13 died/comim'tted suicide


Subject #1 moved out of state
Subject #20 qui1, would not come in for scheduled visits after V9
2 were lost to follow-up (#2 and US)
3 ware discontinued due to inadequate therapeutic effect (S6, HI, and #9)

6 completed the study (#3,^4, #8, #10, #11, and #12)


3 remain on study as of 1,05 (#15, #J 8, and # 19).

15of21

EstabIisbmentTnspectioa Report FEf; 3004927371


Stephen OIson, MD El Start; 01/03/2005
Minnea-polis, MN 55454 B End: 01/36/2005

Record s^i-evjewed in this inspection and data audit that gre not elsewhere noted include;

ail correspondence with the sponsor, monitor, and JRB


1572's" copies are aUached as Exliibit #26

i- ]2 sets of subject records in depth, mcIu(iingsubject#l3/DRM . .


, all subject records regarding consent, eligibility, adverse events, concomitant medica.tions,
current status, etc.

e financial disclosure information .


< drug accountability records. '. . . .

DISCUSSION WITH MANAGEMENT


N6 FD 483 List of Observations was issued, At the close of the inspection I held an exit meeting
with Dr. Olson. Also present at that time were Ms. Kemwy, Ms, Lemke, and Erica Carlson,
Community Program Assistant. We discussed several items verbally including die following.

1, In the original application for 1KB review (Exhibit :fl23) Appendix E is ctecked off to indicate the
drugs used in this study are approved and an WD Is not applicable, whi'oL was not the casfc. The
1KB questioned that and Dr. Olson reasserted that an WD wasn't associated with or required for this
study (B>[h)bitf23^ESge-5J. Eventuiilly thj's-was resolved, Dr. Olson said he didn't know an IND
. was involved initially. I stated this is important information to provide to an IRB, why, and that any
trale he signs a 1 572 that's an indicator that he's working on an &QD study. He said he is more
aware of this now and will be attentive to it.

2. Study site's we^ apprised of new risks of diabetes aud hyperglycemia by the sponsor on S/15/0'1.
This site added new risk language to the consent forms on 3/24/04 bnt did not submit these changes
to the JSB until 5/10/04 <'E?ch]bit#23,pa,ge.lO), The revised consent forms were approved in an-IRB

meeting 5/26/04 per letter from tiie DR.B dated 6/1,04. We discussed thftt the risks sliould have tee.n
updated more rimely. Dr. Olson explfli.ned the background of the wainings, and that s'ubjeots were .
obser/pd and samples analyzed for these risks from the begumin.g. He and Ms. Kermey
acknowledged this observation,
3, Regarding subjecl records v/e discussed more clearly documenting: why one subjeutwas

continued on study after early decline (Subject #6); discussion wilh one subject regarding choice to
remain on study (Subject #\ 8); and, dalirig corrections (Subject #2). These obsert'ations were
gcknowlsdged by both Dr, Olson and Ms. Kenney.
We briefly discussed review of records concerning (lie complaint. We discussed the post-inspection
process and that concluded dJscussion of.tlus inspection.

16

of

23

FEI:

Estflbtishroent Inspection Report

3004927371
01/03/2005
01/26/2005

El Start;

Stephen Olson, MD

pl End;

Minneapolis, MN 5S454

ATTACHMENTS
1. Assignment from CDER/HFD-46, dated 12/14/04
2. Complaint, and log of communications since the complaint

3. Protowl, dated 3/1/03


Memos ofTelecons:

4, Bill Andersen, PhD, LP, Eagan Counseling Clinic, Eagan, MN


5. Keith Dundcr, Attorney, Office of the G^enera.1 Counsel, AHC, UMN mcluding-copies of
ie.tters he's sent to DRMs mother and requested to'fo'i-ward bare

<3, Norm Isaacgon, Investigator, MN Dept, of Human Services and including faxed (;6py of
Investigation Memorandum, issued 10/29/04 . '
7. Moira Keane, Director, Research Subjects' Protection Programs, UMN
8, Eric Peterson, Administrator, Boston Health Care/Tbeodore 1 group home
9, ,S. Charles Schulz, MD, Co-investigator and Head, Dept, of Psychiatry, UMN including

copies of letters between himself and DKMs mother, dated 3/15/04 and 4/28/04
10, Jo Ziilhardl, Medical. Review Coordinrtor, MN Office oftlie Ombudsman for Mental Health
& Mental Retardation, mciud-ing copy of a letter from DRMs motlier to Chat office, 11/2/04

EXHIBITS
CVs:.

'

'

1. Stephen C. OJson, MD
2. S, Charles Sohulz, MD . .
3. John P. Vucheticb. MD, PhD
4. Jean IVf. Kenney
5. Elizabeth Lemke
6, Julie Pearson
7. T&nya K. Adelman
8, Angela M, Holmes Guimaraes
9. Christa R. Surerus-Johnson

10. Death Certificale for DRM/Subj'ect #13, issued 7/9/0'! (and e-mail jErorn L, Thomasi MD,
Coroner to CAFE medica] director, dated 6/8/04. requesting a blind break)
11. Auiopsy Report for DRM/Subject#-13, 5/8/04 &nd 6/17/04
12. SAE Report, 5/11/04 re; DRM suicide on 5/8/04, '

17 of 21

FBI;

EstaMishmeatIuspection Report
j , - Stephen Olson, MD

3004927371
01/03/2005
01/26/2005

El Start:

Minneapolis, MN 55454

El End;

13. DKM inpatient medical records;

Admission

Note,

11/12/03

Internal medicine consult, 11/13/03 (pg 3) ::

Discharge Summary, 12/8/03 Cpg 4)


Regions Hospital Emergency Center records (admit prior to transfer here) j
o 72 Hour Hold, 11/12/03. (pg 7) .' ' ^

o Crisis Program Psychiatric Assessment, 11 /12/03


o Emergency Physician's Record
o Emergency Nursing Record
"'Progress notes,'11,12-] 2/8/03 (pg] 2) including Attending Notes on: ;'
o 11/13/03 (pg 15) ."" '. " . " ^ ^ j

11/17/03

o
o

11/25/03 (pg 40) ' . .


12/1/03 (pg 46) . ..

:
;

o 11/19/03
o 11/21/03 (pg 35)
o-

o
o

12/2/03

(pg

(pg

12/3/03
12/5/03

(pg25)

(ps

...

29)

48)

(pg51)
36)

'

'

.
.

'

o 12/8/03-(pg58) . '
Orders

for

treafenent

(pg

60}

'

Medication AAainistra'tioji Records (pg 71) ' ' :

Neuropsychological Evaluation, 11/18/03 (pg 78)


Chemical Dependency .Evaluation, 11/21/03 (pg 82)
Adult CD Assessment, 11/28/03 (pg 83) ' j
Treatment Plan Review on 11/21/03, 12/1/03, mid 12/8/03 (pg 84) ' .
Adult Sr Assessment ofSuicideRiskforDisoharge, 12/8/03 (pg 87) i
Discharge agreement, signed 12/8/03 (pg 88)
Fnteragency Assessment & Transfer Form, MD and Nursing Orders (pg 89) .. ;
Miscellaneous

correspondence;

o Request for records from MN Disability Detemiuiation Services


o Authorization to Disclose Information to Soci?! Security Admi'n.
o Authorization to Release information to Eagan Counseling Clinic
14, DRM Evaluation to Sign Consent Form, 1-1/21/03
15. DRM Smdy Consent Form, 11/21/03 (and HCT>AA Authorization, signed 1 1/24/03)
16. DRM SCID, perfonmed ] 1/24/03 . . .

18 of 21

3004927371
01/03/2005
01/26/2005

FEI;-

Esl-ablislnnent lo.spection Report

El Start;

Stephen 01 son, MD
Minneapolis, MN 55454

El End;

17, DRM clinical binder records;


screening source data forms
study progress notes (pg 11)

Bos'lon Health Care/Theodore I medication exchange records (pg 20);


o

12/11/03

d 12/19/03
o 1/8/04
o .1/16/04
o 1/30/04 .._
o
o

[no

date]

2/13/04

.'

'

'

o 3/31/04
Aulfaorization to Release information to David Pettit & Dakota.Cty, 11/26/03 (pg 28)
. * Authorizati'on to Release JnfonTiation to Theo I residence, 12/4/03

Medication Instructions, dated 32/11/03 and 12/19/03 (pg 30)


. Payment Grid (pg 32)
Phone Call Information note re: call from mothor, 2/1 8/04 (pg 33)
Newspaper notice of death, 5/11/04 (pg 34)
Correspondence with IRJ3 re: SAE-death;

o. Coverletter for SAE report for DRM faxed to IRB 5/12/04 (pg 35)
o IRB questions re; DRM SAE/death, 5/13/04 (pg 36)
o mB Official Notification to FDA re: DRM SAE/death; '5/13/04 (pg 37)
o' Response to 1KB from Dr. Olson, 5/17/04 re: DRM SAE/death (pg 38) '
o Letter from 1KB 6/1,04 (pg 40) ' :
o Letter from IRB 6/25/04 stating review ofDIWI SAE is concluded (pg 41)
Conrespondenco with monitor/Quintiles re: SAE-death, 5/11 &12/04 (pg 42)
Letter from MN Office of (he OMHMR to Jean Keuney, 6/21/04 (pg 45) ' ,
Letter to MN Office of the OMHMR from Dr. OJson, 7/6/04 (pg 46)
* Letter from MM Disability Law Center to MN Atty General M. Hatch. 7/30/04 (pg 47)
18, Correspondence to and from DRMs mother;
to Whom It May Concern. from MW [no date]
copies of e-mail between DRM and MW in 9/19-23/03 provided to Dr. Olson . .
to Dr, 01 son from MW, 11/24/03 (pg 8)
<o Dr. Sobulz from MW, 4/26/04 (pg 10)
fo MW from Dr. Schulz, 4/28/04 (pg H)
draft ofletterto MW J&om Dr. Schulz with notes from Dr. Olson, 4/28/04 (pg 13)
Fax Cpver Sheet for fax of 4/04 letters to UMP Risk Mgml from Dr. Olson

I9of21

''a,.' -.,

FBI:

EstabJishme.n^ Inspection Report


Stephen Olson, MD

El Start:

Minneapolis, MN 55454

El End;

3004927371
01/03/2005
01/26/2005

19, DRM court and court related records:

Petition for Judicial Commitment, I V] 4/03 filed. 1 1/17/03


Examiner's Statement in Support of Petition for Commitment, 1 1/14/03 (pg 3)
Pre-Petition Screening Program Report, 11/17/03 (pg 5)
Order to Confine, to Transport for Examination, Hearing; Appointment qf Attorney,
Examiner and Notice, 11/17/03 (pg 9) ' . . .

o Order to Release Medical Records, ] I/] 7/03 (pg '11)


' Court Medication S.ummary, 11/20/03 (pg 12) .
*. Findings of Fact, Condusions ofLawand Order for Stayed Commitment, 11/20/03 (pg 13)
Court Medication Summary, 1 1/26/03 (pg 17)
Letter la Dakota County Social Services from Dr. Olson, 4/27/04 re; recommendation to
extend stay of commitment to disallow leaving the state, (pg ] 8)

Addendum to 4/27/04 letter from Jean Kenney, 5/3/04 re; diagnosis info. - 295.30
Schizophrenia, paranoid type,(pg 20)
20. DRM outpatient chart records:
Discharge Summary, 5/5/04,

Adult Day Treatment Progress Notes, 1/14 - 5/5/04 (pg.4)


* Intake assessment, 1/J 4/04 (pg 39)
Phone Con-tacts log (pg 45) . . .
Miscellaneous correspondence

21. Source Document data forms, portions ofFANSS aiid CGI with any score of 3 or higher,
sereenin.g to Visit #11
22. Protocol Deviations Log . .
23. BR.B records;
Portion of application for IRB review, 2/11/02 .

* Response to IRB from Dr. Otson, 4/3/02, including re; ,'itatus of test articles (pg 5)
. Progress report to IRB, 12/24/03 (pg 7) '
* Request for review of OF change lo add risk of diabetes, 5/10/04 (pg 10)
Progress report to IRB, 12/17/04 (pg 1 1)
* IRB Submission Log (pg 16).
24. SAE report for subject #2 0/CLW, pregnanc.y/fetal raiscamage, 5/6/04
25. Monitoring records:

Site Visit Log


< 1,8/03 for visit on 1/7/03
.. [notes dated 4/28/03] for visit 4/28/03
9/24/03 for visit on 9/11.12/03
* 1/21/04 for visit on 1/13-14/04
5/17/04 for visit on 4/26-27/04
. 8/9/04 for visit on 7/26-27/04

20 of 21

' ">..' .

FBI:

Establishment Inspection Report


Stephen OIson, MD

El Start;

Minneapolis, MN 55454

El End:

26. -1572s, dated:

4/2/02
6/13/02
11/25/02
10/21/03
12/22/03

1/7/04
7/9/04

--. 12/17/04

^CVA^, ( , /^ .
Sharon L, Matson, Investigator

21 of21

3004927371
01/03/2005
01/26/2005

Issues Arising from the CAFE Study and the Suicide of Dan Markingson hllp://wwwl.umn.edu/usenate/resolutions/131205panelres.html

Approved Faculty Senate - December 5,2013


by the: Administration - Faculty 2014*
Board of Regents - no action required

*The Administration recognizes the Faculty Senate resolution requesting an external


review of clinical research on human subjects at the University of Minnesota and is
moving forward with this review. The review will be managed by an independent,
external firm who is expected to call upon national experts in the field of clinical research
on human subjects research and who are widely recognized for their expertise, knowledge
and achievement in this field. This review will include a review of relevant standard
operating procedures and an assessment of University compliance with regulations and
applicable law. It will result in a detailed report outlining strengths and weaknesses of
current policies, practices, and oversight and any recommendations for any deficiencies

identified. This process will include consultation with faculty and the final report will be
public.
Issues Arising from the CAFE Study and the Suicide of Dan Markingson

PREAMBLE:
In May 2004, Dan Markingson, while enrolled in a clinical trial of an antipsychotic drug (the CAFE
study) at the University of Minnesota, committed suicide. Since then individuals and groups within
and outside the University have raised questions about the study, how Markingson was recruited into
it, his treatment during the study, and the circumstances of his suicide.

On October 21, 2013, a letter co-authored by six bioethicists from outside the University, with 175
co-signatories, was addressed to President Eric Kaler and Professor Eva van Dassow, as chair and
vice-chair (respectively) of the Faculty Senate, and to members of the University of Minnesota Senate.

The letter asked the Senate to endorse and request an independent investigation of the issues arising
from the Markingson case and the CAFE study. That letter is available at: http://wwwl .umn.edu
/usenate/fsenate/docs/131205toronto letter.pdf. The list of additional co-signatories is available at:
http://wwwl .umn.edu/usenate/fsenate/docs/l 312Q5tQronoto signatures.ndf.
On November 20, 2013, fourteen faculty senators co-signed a request to the Faculty Consultative

Committee to place this matter on the agenda of the December 5 Faculty Senate meeting for
discussion, and further requesting that a resolution calling for an independent investigation be
presented for discussion and action. That letter is available at: http://wwwl.umn.edu/usenate/fsenate
/docs/131205Ietter to fcc.pdf.
The FCC discussed the letter and the issues it raises at its meetings on Oct. 24, Nov. 14, and Nov. 21.
While these discussions have not reached a conclusion, and members of the FCC have varying views,

a consensus emerged that it is appropriate to bring the matter before the Faculty Senate at this time.
The FCC wishes to emphasize the following points.
First, it is important that those participating in decisions about this matter familiarize themselves, with
the history of the case and investigations conducted to date.
Second, as the FCC studied this issue, two things became clear: that the Markingson tragedy

of

5/6/2014

4:04

PM

Issues Arising from the CAFE Study and the Suicide of Dan Markingson http://wwwl.umn.edu/usenate/resolutions/131205panelres.html

specifically had been investigated several times from different perspectives, and that those
investigations did not address the broader question of whether the University's current policies,
procedures and practices, some of them changed since the Markingson case, reflect both best practices

in clinical research on human subjects and the faculty's high ambitions for ethical behavior. Members
of the FCC also recognize that external evaluations can have the advantage of fresh perspectives not

biased by familiarity with current practice, and are a way for the public to have the utmost confidence
in the integrity of the research conducted at the University of Minnesota.
For this reason, the FCC feels that the way forward is to recommend that an independent and
transparent examination be undertaken to evaluate the University's procedures, practices, and policies
governing clinical research on human subjects, and in particular clinical research involving adult

participants with diminished functional abilities. While the specific charge for such an examination
requires further work, FCC believes issues to address may Include investigator conflict of interest,
institutional conflict of interest, consent policies and procedures, case management of enrolled
participants, mechanisms for overseeing such research and mechanisms for addressing adverse events.

Therefore, the FCC suggests to the Faculty Senate the following resolution:
Resolution on the matter of the Markingson case

WHEREAS the faculty of the University of Minnesota are committed to upholding high ethical
standards in the conduct of research;

WHEREAS questions continue to be raised about the policies and procedures followed in the case of
Dan Markingson, a 26-year-old participant in a clinical trial who committed suicide in 2004;
WHEREAS the University has suffered reputational harm in consequence of this tragic case and its
aftermath;
WHEREAS the faculty seek to ensure through independent evaluation that the University's ethical
standards for clinical research on human subjects meet or surpass the norm,

BE IT RESOLVED that a panel external to and independent from the University of Minnesota be
constituted for the purpose of conducting an inquiry examining current policies, practices, and
oversight of clinical research on human subjects at the University, in particular clinical research

involving adult participants with diminished functional abilities. The administration, in collaboration
with appropriate faculty governance committees, shall initiate the constitution of such an independent
panel and shall support its inquiry. The panel shall have authority to obtain any records it deems
necessaiy for a thorough inquiry, to the extent consistent with applicable law. At the conclusion of the
inquiry, the panel shall issue a report that will be made publicly available, within the limitations of
regulations governing the protection and privacy of individuals, including research participants, and
the results will be reported back to the Faculty Senate so that senators have an opportunity to ask
questions and discuss the report.

Return to Senate Resolutions Pane

of

5/6/2014

4:04

PM

UNIVERSITY OF MINNESOTA
Office nfllie Gcnerul Counsel 360 McNwncnv Alumni Center
200 Oak Slreel S.E.

Minneapolis. MN 5545 S
Office: 612-624-4100
/YU-; 612-626-9624

June 7, 2011

VIA E-MAIL
Professor Carl Elliott
Bioethics
N-302 BoynHS

1171

410 Church Street SE


Minneapolis, Minnesota 55455
Dear Professor Elliott:
This responds to your request for background information related to the
letters you received from the Board of Regents' Chair Clyde Alien and myself
dated February?, 2011 regarding the Markingson matter.
You indicated that you have reviewed "the litigation." If so, you have long
had available to you the reviews by external psychiatrists and other experts
contained in the court files, as well as the decision of the Hennepin County
District Court. Nevertheless, for your convenience I have attached electronic

copies of the decision of the court dated February 11, 2008, and summaries of
expert opinions of the following experts:
Richard Lentz, MD
Paul Appelbaum, MD
Ronald Groat, MD
Ira Glick, MD
Jan Fawcett, MD
David Dunner, MD
Robyn S. Shapiro, JD
Ernest Prentice, PhD
As noted in Chair Alien's letter to you, this matter was carefully reviewed
by the Minnesota Board of Medical Practice, in conjunction with staff of the
Minnesota Attorney General's office. These governmental units found no

improper or inappropriate care provided to Dan Markingson, nor evidence of any


misconduct or violation of applicable laws or regulations. Under the law, the

Driven io Discover5"' 432667

Professor Carl Elliott


June 7,2011
Page 2

University is unable to provide documents to you detailing the conclusions


reached by these governmental units m this matter. However, as you have

indicated publicly that you are in communication with Mary Weiss, who made the
complaints to the Board of Medical Practice, you may ask her for copies of her
complaints and also obtain from her, as the compiainant, the Board's conclusions

regarding her complaints.


Sirycerely, /\
/

l<M'^S'te?i
Mark B. Rof^rilserg" ^ j
General Counsel j /

//

I/

MBR:KAD:kjo:jk
Attachments

UNIVERSITY OF MINNESOTA
Office of the Generuf Counsel 360 McNmnara Alumni Center
200 Oak Street S.E.
Minneapolis, MN 55455
Office: 612-624-4100
Fax: 612-626-9624

April 22,2011
Mike Howard
9876 Hamlet Lane South
Cottage Grove, MN 55016
Dear Mr. Howard:

I am writing in response to your letter of April 6,2011, in regard to the "signed Caf6-HIPAA"
release. You inquire as to where that document was found.

I am advised that the document was located among the voluminous records in the lawsuit
relating to Dan Markinson's death.
Sincerely,

^^ U4^J </
h^
Mark B. Rotenberg
General Counsel

MBR:mwl

Driven to Discover5

437004J

UNIVERSITY OF MINNESOTA
Office ofllie General Counsel 360 McNamara Aiumni Center
200 Oak Street S.E.

Miimeapotls, AW 55455
Office: 612-624-4100
Fax.- 612-626-9624

March 16,2011
Mr. Mike Howard

9876 Hamlet Lane South


Cottage Grove, MN 55016
Re: Complaint of Misconduct against Stephen C. Olson, M.D.
Dear Mr. Howard:

The Board of Regents has asked me to respond to various allegations you raised in a complaint
submitted to the Board in April 2010 against Dr. Stephen OIson, Associate Professor in the
Department ofPsychiaby in our Medical School.
The University identified seven allegations in your lengthy complaint materials. After careful
examination of each allegation, we have found no University policy violations or other improper
conduct by Dr. Olson warranting University action against him. Each allegation is outlined
below, followed by a summary of the University's findings.
Allegation 1. Dr. Olson shared protected health mfonnation in regard to Dan Markingson with
members of his research team without obtaining a HIPAA release from Mr. M'arkingson.
University Finding. Attached is a copy of the HIPAA authorization executed by Dan
Markingson on November 24, 2003.
Allegation 2. Dr. Olson did not understand how or when HIPAA regulations applied to
University research, as suggested by certain deposition testing by Dr. Olson.
University Finding. A complete review of Dr. Olson's deposition transcript, consisting of
hundreds of pages, simply does not support this allegation.
Allegation 3. Dr. Olson allegedly falsified a letter to a state agency.
University Finding. This allegation apparently relates to a letter Dr. Olson wrote to the Medical
Review Coordinator of the Office of the Ombudsman for Mental Health and Mental Retardation,
on July 9, 2004, in which Dr. Olson notes that Mr. Markingson's Dakota County Case Manager,
who had the final authority to determine whether Mr. Markingson should get treatment through
the CAFE Study, was in favor of Mr. Markingson participating, and cleared Mr. Markingson for
participation.
Mr. Markingson was first informed of the study on November 19, 2003. He signed a consent for
the study on November 21 . The Case Manager met with Mr. Markingson, his mother, and Dr.
Olson on November 26, 2003, following which the Case Manager determined that Mr.

Driven to Discover5" 424917 6

Mr. Mike Howard

March 16,2011
Page 2
Markmgson could participate in the study. The interval behveen the date the consent was signed
and the randomization date is th:e "screening period" during which there were no changes in his
treatment. If the case manager had determined that the study was not an appropriate form of
ti-eafmeht, he would, have been dropped before giving him study medication. Mr. Markingson
began receiving study medication on December 5,2003.
Allegation 4. Dr. OISon testified in a deposition that he had no knowledge of certain regulatory
Statutes requil-ed for conducting clinical trials and the protection ofhdman subjects.
- University li'iiidiug; A GOm'plete reVi'e'w of Di-. Olson's depogition transcript, consisting of
hmdreds of pagieis,, Simply does Hot $uppoft this allegation.
AU'egafion 5. Dr. Olsort allegedly delegated the dispensing of very powerful aflti-psychotic
drags to a study cooi-diriator not licensed to dispense drugs, who had received no prior training
flof education regarding how these drugs are taken.
UAiversity Finding. Dr. Olson was assisted in the CAFE Sfudy by a research coordinator who
had a bachelor's degree in psychology and a master's degree in social work. As the study
coordmator, ftds person worked under the close supervision of Dr. Olson as the principal
investigator.

Throughout the study, Dr. OlSon was responsible for "dispensing" the medication in his capacity
as principal investigator. .Under Dr. Olson's supervision, the study coordinatbr merely gave the
pre-packaged and marked bottles of pills to Mr. Markingson. Mr. Markingson, upcinretummg to
Theo House, the half-way house where he resided, would then give the bottle of medication to
the Theo House staff Wlio oversaw the delivery of the medication to him on a daily basis, and
helped assure that he wa's taking the right doses at the right time.
Dr. Qlsoh -Was resporisible fair the prescTiption of the medication under study protocol. He
disciyfised the medication side-effects with Mt. Markingson. He also discussed these medications
with the study cioordihatbr and closely supervised her activity. This is standard procedure in out

patient clinical trials arid was coiriducted entirely'Within JRB and Good Clinical PraGtice
guidelines. Neither the 1KB riot the PDA had any questions that proper procedures were

followed for dispefisiflg offitudy drug.


Allfegation 6. Dr. Olsoh disregarded the University's recottlmeridation of avoiding
res^archer/freatmg phyfiiciart/patient relationship regarding enrolling his patients m the clmical
study.
University Finding. The University IRB has recoirCmended against the treating physician
simultaneously acting as A ?!; however, it is merely a recommendation; There are many
examples in the University's Academic Health Center of clinical researchers who are both the
best cliriical experts to. provide patient care, and hiappen to be the person conducting a study
relating to that particular Cilre. Such investigators are made aware of the potential for conflict of

Mr. Mike Howard

March 16, 2011


Page3
interest, and must conduct themselves accordingly. Dr. Olson did not violate any University
policy.
Allegation 7. Dr. Olson acknowledged having received numerous mentally ill patients in the
psychiatric unit at the University into his own study.
University Finding. It is true that Dr. Olson, and many other researchers, have enrolled
mentally ill patients into studies. Academic clinical research into mental illness, and the
potential to cure mental ilbiess, requires research involving those who suffer from mental ilkiess.
The issue is not whether such mdividuals may participate in such research, but whether
appropriate protections are in place to protect those research subjects, All clinical research at the
University involving a mentally ill patient is reviewed by the !RB to assure that the study
protocol is appropriately constructed, and that subjects give informed consent for their
participation.
The University appreciates your patience in awaiting the completion of this thorough review of
the allegations you raised.
Sincerely,

MATK ItoU^ ky ^^1


MarkB.Rotenberg ^
General Counsel

MBR: mwl
Attachment

UNIVERSITY OF MINNESOTA
Office of the Generul Counsel 360 McNamara Ahmmi Center
200 Oak Street S.E.

Minneapolis, MN 55455
Office: 612-624-4100
Fax: 612.626-9624

February 11,2011

Mr. Mike Howard


9876 Hamlet Lane S.
Cottage Grove, Minnesota 55016
Re: Complaint of Misconduct against S. Charles Schulz, M.D.
Dear Mr. Howard:

The Board of Regents has asked me to respond to various allegations you raised
in a complaint submitted to the Board in December 2009 against Dr. S. Charles Schulz,
Head of the Department of Psychiatry in our Medical School. This letter summarizes the
University's extensive review process and our findings.

Your allegations against Dr. Schulz were evaluated under the following
University policies and procedures: Academic Misconduct, Individual Conflicts of
Interest, Disclosing Individual Health Information for Activities Preparatory to
Research, and Code of Conduct. Because the Code of Conduct is intended to reflect other
University policies and "does not create any different or additional rights or duties"
(Code, Sec. 1), the University's review focused primarily on the other policies referenced
above that impose specific duties on University employees.
The University identified nine allegations in your complaint materials. After
careful examination of each allegation, we have found no University policy violations or
other improper conduct by Dr. Schulz warranting University action against him. Each
allegation is outlined below, followed by a summary of the University's findings.
Allegation 1. Dr. Schulz allegedly committed wrongdoing by engaging in
"ghostwriting" ofco-authored papers that were written by drug company representatives.
University Finding. Dr. Schulz did not violate the University's academic
misconduct policy through alleged ghostwriting of the 2003 meta analysis paper and the
2007 paper on Study 132. The University's Research Integrity Officer (RIO) has found
there was no fraud or misrepresentation regarding the sponsors' assistance, because the

papers disclosed the involvement of sponsors in manuscript preparation. Dr. Schulz acted
consistent with the general goals and expectations related to authorship set forth in the

Driven to Discover

412427

MJ. Mike PIoward


February 11,2011

Page 2

Code of Conduct based on his contributions to study design sirid/or data analysis for these
papers.

Allegation 2. Dr. Schulz allegedly falsified findings he presented about


quetiapine in a 2003 meta analysis paper that differed from data presented in his poster
presentation and in an internal document by Astra Zeneca.

University Finding. Dr. Schulz did not violate the University's academic
misconduct policy by presenting findings in the 2003 meta analysis paper that reportedly
differed from data in a poster presentation by Dr. Schnlz and from results displayed in an
internal document by Astra Zeneca. The RIO determined that the differences were
explainable based on different data sets and different measures being analyzed and
reported.

Allegation 3. Dr. Schulz allegedly committed falsification in other comments and


studies in which he was involved, specifically, a paper on Study 132 allegedly
misrepresented the results of the meta analysis paper.
University Finding. Dr. Scluilz did not violate the University's academic
misconduct policy by reporting that the validity of Study 132 was confirmed by the
results for quetiapine IR reported in the meta analysis paper. The RIO concluded this
statement from the Study 132 paper did not misrepresent the meta analysis results since
the meta analysis paper showed quetiapine as effective in comparison to placebo. The
RIO found no other evidence that papers with Dr. Schulz as an author misrepresented the
rneta analysis results.

Allegation 4. Dr. Schulz allegedly committed falsification because he reported on


Study 132 as an author but he was not an investigator, and Study 132 did not report the
earlier negative results of Study 41 where Dr. Schulz was an investigator.

University Finding. Dr. Schnlz did not violate the University's academic
misconduct policy by reporting on Study 132 as an author when he was not an
investigator. The RIO concluded there was no misrepresentation because the paper states

he authored it "on behalf of the Study 132 Investigators." (J Clin Psychiatiy 68:6, 832),
The RIO also found that the results of Study 41, which were less positive than Study 132,
were reported in a published abstract, and the differences in the two study outcomes
appeared to be based on scientific reasons, including different study designs.

Mr. Mike Howard

February 11, 2011


Page 3

Allegation 5. Dr. Schulz allegedly committed wrongdoing because he was


untruthful in a 2008 deposition in a civil lawsuit when he failed to mention his earlier
study on akathisia.
University Finding. There is no University policy violation by Dr. Schnlz based
on this deposition response, and there is no factual basis to find his response was
un truthful. In his deposition, he was asked what the term akathisia means; he responded
with a straightforward explanation. He was not asked whether he had published any
papers on akathisia or what were the finding of his papers. The 1992 paper described
akathisia as a "syndrome of motor restlessness" (Compr Psychiatry: 33(4) at 233), which
is similar to the description provided by Dr. Schulz in his deposition.
Allegation 6. Dr. Schulz allegedly violated the rights of patients because he stated
in a 2008 deposition in a civil lawsuit that he does not always inform patients of his
relationships with industry.
University Finding. There is no University policy violation by Dr. Schulz based
on this deposition response. The relevant exchange in the deposition asked about Dr.
Schulz's opinion, not his personal practices, regarding disclosure to patients. The

University's review of Dr. Schulz's compliance with his conflict management plan of
2007 shows that he made the required disclosures of his Scientific Advisory Board role at
AstraZeneca to the research subjects in an Astra Zeneca funded trial.
Allegation 7. Dr. Schulz allegedly breached the confidentiality rights of patients
by allowing access to patient files for study recruitment.
University Finding. There is no evidence that Dr. Schulz or liis staff violated
University policy or legal requirements on patient confidentiality related to study
recruitment. Internal discussions among research staff and care providers regarding

possible recruitment of patients for studies afe permissible under the Health Insurance
Portability and Accountability Act (HIPAA) and the University Procedure: Disclosing
Individual Health Information for Activities Preparatory to Research. E-mail
communications with sponsors did not breach patient privacy because they contained
only de-identified patient information.
Allegation 8. Dr. Schulz allegedly committed wrongdoing by endorsing the drug
Seroquel in continuing medical education (CME) presentations funded by Astra Zeneca.
It is noted that AstraZeneca recently paid a large settlement to the federal government to
resolve claims that it illegally marketed Seroquel for unapproved uses, including through
CME presentations by physicians.

Mr. Mike Howard


February 11,2011
Page 4

University Finding. There is no University policy violation or other improper


conduct by Dr. Schulz in connection with his CME presentations. When Dr. Schulz gave
CME presentations about antipsychotic drugs, his focus was not limited to a particular
drug, consistent with CME guidelines that require balanced presentations. His
presentations were directed primarily at other mental health professionals, not primary
care providers, and he has not recommended Seroquel for uses other than very serious

psychiatric conditions.
Allegation 9. Dr. Schulz allegedly committed wrongdoing by conducting clinical
trials that force subjects to go off established drugs and potentially receive a placebo in
order to promote a drug.

University Finding. There is no University policy violation or other improper


conduct by Dr. Schulz based on his participation in placebo controlled drug studies.
Dr. Schulz did not participate in Study 41 because no subjects were enrolled at the
University. He served as a co-author but not investigator for Study 132 which was
conducted internationally. The use of a placebo controlled study is a widely recognized
and approved scientific standard for studies evaluating extended release forms of
approved drugs for approved indications of the drug. There is no evidence that Study 132
violated applicable scientific or regulatory standards related to use ofplacebos.
2007 Conflict Management Plan. In addition to investigating the allegations in
your complaint, the University also examined Dr. Schulz' compliance with his 2007
University conflict of interest management plan. We have found that Dr. Schulz is in
compliance with his 2007 conflict management plan.
The University appreciates your patience in awaiting the completion of this
thorough review of the allegations you raised.

Sincerely,

Mark B. Rotenberg
General Counsel

MBR:jk

UNIVERSITY OF MINNESOTA
Offiw of the General Counsel 360 McNamwa Alumni Center
200 Oak Street S.E.

Minneapolis, MN S54S5
Office: 612-62-1-4100

February 7, 2011 ^- '6i?.-626-9624

Carl Elliott, Professor


Dianne Bartels, Assistant Professor
Joan Liaschenko, Professor

Mary Faith Marshall, Professor


John Song, Associate Professor
Leigh Turner, Associate Professor
Susan Craddock, Associate Professor
Joan Tronto, Professor

Center for Bioethics

N504 Boynton
410 Church Street SE
Minneapolis, MN 55455-0346

Dear Professors Elliott, Bartels, Liaschenko, Marshall, Song, Turner, Craddock, and Tronto:

I have been asked by the Chair of the Board of Regents to supplement the response he provided
today to your letter of November 29,2010, At the Board's request, my office has reviewed the facts
and circumstances surrounding the CAFE research study and the suicide of Dan Markingson to
which you refer in your letter. Based on the examinations of this case already conducted by the
U.S. Food and Drug Administration (PDA), the Hennepin County District Court, and the Minnesota
Board of Medical Practice, assisted by the Minnesota Attorney General's office, the Board of
Regents determined that further University resources should not be expended re-reviewing this
matter.

It is not clear from your letter that you are completely familiar with the details of these previous
reviews, conducted by a number of experts and governmental units independent of the University.
None of these reviews were conducted by persons with any financial or professional relationships
with the researchers involved in the CAFE study.
Upon receiving the University's prompt report of Mr. Markingson's tragic suicide, the PDA
conducted an extensive investigation. In its report, the PDA concluded that there was "no evidence
of misconduct or significant violation of the protocol or regulations."
Subsequently, a lawsuit was commenced by Mary Weiss, the mother of Dan Markingson.
Following exhaustive factual discovery, all claims against the University (and Dr. S. Charles
Schulz) were dismissed by the Hennepin County District Court.
Finally, separate complaints were filed by Ms. Weiss with the Minnesota Board of Medical Practice
against Drs. Steven C. Olson and S. Charles Schultz. The complaints involved very extensive
allegations against both doctors. The complaints were reviewed by the Board of Medical Practice,
and each of them was dismissed in its entirety.

Drivers to Discover5'

412402

February 7, 2011

Page 2 of 3

Your letter to the Board of Regents suggests that this case may illustrate "an alarming series of
ethical violations and lapses." Our response to the allegations in your letter are as follows:
1. "Recruiting a mentally ill, possibly incompetent subject into a research study, while he
was under an involuntary order."

The allegation that Mr. Markingson was improperly admitted into the CAFE study was reviewed by
the PDA, the District Court, and the Board of Medical Practice, and found to be completely without
merit. It must be understood that Mr. Marldngson was determined to be competent to consent to
treatment at the time he consented to participate in the study in the judgment of two courts and
independent evaluators. The District Court judge that ordered Mr. Maridngson's stay of
commitment and participation in the treatment plan specifically found that "the rights of
Respondent [Markingson] have been protected throughout these proceedings," and that "the Dakota
County Social Services Department has developed a plan for services to treat the Respondent's
mental illness which is agreeable to the Respondent." During that court proceeding, Mr.
Markingson appeared in person, was represented by counsel, and, as noted by the court, a Dakota
County case manager recommended and endorsed Mr. Markingson's treatment program, In a

second, and separate, judicial proceeding, the Hemiepin County District Court specifically
addressed the allegation that Mr. Markingson had not provided his informed consent to participate
in the CAFE study, and dismissed that allegation "based on several undisputable facts."
2. "Large financial conflict of interest on the part of University researchers conducting the
study."

Both Dr. Olson. and Dr. Schulz received consulting fees from Astra Zeneca. Those amounts were

properly reported in the University's REPA system, and all University regulations were followed.
The University's examination of this allegation reveals no violation of existing conflict of interest
policies.

3. "A payment structure for the study, which includes financial incentives to recruit and
retain subjects, rather than provide them with standard therapy."
Studies are commonly based on budgets that increase or decrease depending on the number of
participants in the study. The effort and resources expended in a study necessarily are often
dependant upon the number of subjects in the study, and it is not inappropriate, unethical, or
uncommon for study funding to reflect the number of participating subjects.
4. "An allegedly biased study design aimed at generating positive results for Astra Zeneca,
rather than investigating a genuine scientific question."
The CAFE study involved a double-blind comparison of three similar medications. It was designed
by Dr. Jeffrey Lieberman, Chau- of the Department of Psychiatry at Columbia University. The
study occurred at many sites around the country, and was approved by our IRB and, independently,
by the IRBs at other leading institutions. There is no factual basis for this allegation.

February 7, 2011

Page 3 of 3

5. "The failure of University researchers to address the legitimate concerns of Mr.


Markingson's mother, Mary Weiss."

Ms. Weiss did express heartfelt concern for the welfare of her son. Her concerns not only were
heard at the tirrte, they were carefully reported in the record. However, the record also shows that
all of the mental health professionals involved in Mr. Markingson's treatment felt that he was
improving. His death was a tragic shock to his caregivers, including his social services case
manager and others not associated with the University. Notwithstanding Ms. Weiss' belief, there
simply is no evidence that Mr. Markingson's death was causally connected to his participation in

the CAFE study.


6. "The apparent development of a specialized unit in Fairview Hospital, designed to
identify severely mentally ill subjects for recruitment into research studies."
There is a psychiatry research office on the Riverside campus of the University of Minnesota
Medical Center, Fairview. It houses the administrative support for psychiatric studies conducted by
University faculty. Wifh IRB approval and with appropriate consent, studies are conducted then
that involve mentally ill patients.
7. "A failure of the institutional oversight system for protecting human subjects of
research."

The University's IRB properly performed its role in reviewing and approving the CAFE study. The
IRB also promptly informed the PDA of Mr. Markingson's unexpected suicide. The PDA,
following an extensive investigation, found no evidence of misconduct or violation of the protocols
or regulations governing the University's oversight system for the protection of human subjects in
research. As noted in Chair Alien's letter to you, the University's system was recently reviewed by
the AAHRPP and received full re-accreditation, which is the most comprehensive review and the
highest certification that can be awarded in regard to the protection of human subjects.
Unquestionably, Mr. Markingson's suicide was a tragedy. Faculty in our Department of Psychiatry
have made great progress in finding effective treatments for mental health disease. The
Department's work - much of it involving clinical trials - has made a significant impact through its
community clinical outreach and treatment programs. However, these conditions remain today
among the most difficult to manage and treat. It is that challenge which our psychiatry faculty is
seeking to address with its clinical research.
The University appreciates your sharing these important concerns with us.

Sir^erely,

MarkB.Rotenb'e
General Counsel

.<

UNIVERSITY Q, \IlNNESOTA
Twin Cities Campus Office of the General Counsel Box 501 Mayo
420 Delaware Street S.E.

Minneapolis, MN 55455-0374
612-626-3700 '
.Fax: ^612-626-2111

Offices located at:


410 ChRC ...
426 Church Street S.E.

Minneapolis, MN 55455-0374

December 2,2004 .
Mary

Weiss

'...'

. 53 6 2nd Avenue South '. . .' ...

South Saint Paul, MN 55075-2810 . . . . .

Dear

Ms.

Weiss,

'

'

'

I have not heard from you in follow-up to your review of the BRB file regarding
' the CAPfi study protocol. I am writing to advise that I have spoken to representatives of - ' the study's sponsor, Asb-a Zeneca, and they confirm that they would be happy to talk to
you if you have any questions about the study. The best source of infon-nation would be .

Martin BrecHer, the Medical Director. If you wish to speak to Mr. Brecher, please call
Lois Replinski at 302-886-3526, and she can arrange a time for a conference call.

If you have any questions, please let me know. .


Very tmly yours, . .

Keith Dunder ...

Academic Health Center Counsel .

Cc: Ami Beimdiek Kmsella, Assistant Attorney General


Sharon Matson, PDA

UNIVERSITY 6. MINNESOTA ' . ^y^


Twin Cities Campus Office of the General Counsel Box 501 Mayo
420 Delaware Street S.E. .

Minneapolis, MN 55455-0374
612-626-3700

Fax: 612-626.2111
Offices located at:
410CHRC
426 Church Street S.E.

Minneapolis, MN 35455-0374

November 19,2004 . .
'Ms.MaryWeiss

'

53 6 2nd Avenue South


South St; Paul, MN 55075-2810 . . : . .
Dear Ms Weiss:

I am in receipt of your letter dated November 2, 2004, which did not arrive in this office
until November 10, 2004, You also called this office on November 2 and posed various
questions to my assistant. Char Thoemke, which I attempted to answer in my letter to you of
November 4, a copy of which is enclosed. I am also enclosing, for the benefit of the people you

have copied on your November 2 letter, copies of my letters to you dated October 15 (two
letters) and October 29. '

I have independently confirmed that the medication Mr. Markingson' received was
{'''

Seraquil/Quetiapine. As I have discussed in my previous letters, fhe medication was delivered


by pill, with each pill containing 100 mg. of the medication, The dosages, and changes m
. dosages are all recorded in the Drug Accountability Log, and particularly in the "Dose Change
Tracking" chart, which I described in my letter of November 4. You have copies of all those
documents.

'

Because the study that Mr. Markingson was on was "blinded," it is important- that the
identification of the medication be kept confidential relative to the parties partipipating in the
study, and we ask your- cooperatioiy.n.that regard.. ...:'.

I note from your letter that you requested a copy of the protocol related to the CAFE
study. I also have just learned that you have made a request for the JRB file relating to the study,
directly to the I8. That request also includes the study protocol. The protocol can be expected

UNIVERSITY d. MINNESOTA
Twin Cities Campus Office of the General Counsel Box 501 Mayo
420 Delaware Street S.E.

Minneapolis, MN 55455-0374
612-626-3700
Fax: 612-626-2111 .

Offices located at:

410 ChRC

426 Church Street S.E.

Minneapolis, MN 55455-0374

to contain certain infonnation classified as a trade secret under Minnesota law. That trade secret

protection relates to the rights of the study sponsor, AstraZeneca. I have contacted AstraZeneca,
and they have agreed to waive any trade secret issues and allow the release of the protocol.

The JKB materials will be redacted as to information relating to other study subjects, or
other information of that sort. It will be provided to you as soon as that process is completed.

I have previously requested that you channel your questions and requests through this
office. I truly believe that we can be more accurate and more responsive if you will do that,
rather than going from place .to place in the University and leaving it to us to coordinate,
understand, and respond to your various requests;. .

If you have any further questions, please let me Imow..

Very truly yours,

/^Ll.

Keith A. Dunder
Academic Health Center Counsel
Enclosures
. Cc: Ann Beimdiek ICmsella, Assistant Attorney General (redacted)

Mike Hatch, Attorney General (Tedacted)


Dr. R. Christopher Barden, PDA (redacted)
SharonMattson, PDA (redacted)
Rebecca Kimball, PDA (redacted)

bcc: Dr. Olson

UNIVERSITY 01, ..IlNNESOTA

Ms. Kenney ^
Office of the General Counsel

Twin Cities Campus

Box 501 Mayo


420 Delaware Street S.E.

Minneapolis, MN 55455-0374
612-626-3700
Eax: 612-626-2111

November 4, 2004

Offices located at:

410 ChRC

426 Church Street S.E.

Minneapolis, MN 55455-0374

Ms. Mary A. Weiss

536 2nd
South St. Paul, MN 55075
Dear

Ms.

AvenueS

Weiss:

I am writing again in an attempt to answer the questions you asked my assistant,'


Char Thoemke on November 2,2.004. . .. .

You asked for the name of Mr, Marldngson's medication. All of the records here
are blinded as to the actual medication received by a patient in the' CAFE study. I
understand that you have confirmed from ofher sources that Mr. Marldngson received
Seraquil in the study. If. you wish me also to confinn fhat infonnation, I will try and do
so. The generic name for that medication is Quetiapine. Quetiapine dosage in the study
is described in the document I forwarded to you with my letter of October 29, 2004.
You have asked for a, listing of all the times and dates on which dosages of the
medication was changed or adjusted. That information is containecl m the drug
accountability log, which is an identified portion of the records provided to you in
August. The log follows a page clearly marked in very large print, "Drug Accountability
Log". In that log, one pill equals 100 mg. of Seraquil/Quetiapine. Mr. Markingson's
medication and dosages are all recorded in the log. The section entitled, "Dose Change
Tracking" shows the date and duration of each change in dosage.
You asked the date on which Mr. M'arldngson was taken off medications. He was
not taken o.ff medications. '

You asked the date on .which Mr. Markingson was put on a placebo. Mr.

Marldngson was not put on a placebo. The CAFE study did not incorporate or involve
any placebo.

Please let me know if you have any further questions.


Very truly yours,

Keith A. Dunder.

Academic Health Center Counsel


KAD/clt

UNIVERSITY 0 MINNESOTA
Twin Cities Campus

^9?
Office of the General Counsel

Box 501 Mayo


420 Delaware Street S.E.

Minneapolis. MH 55455-0374
612.626-3700

October 29, 2004

fax: 6.12-626-2111
Offices located at: -

410 ChRC

426 Church Street S.E.

Ms. Mary A. Weiss

Minneapolis, MN 55455-0374

536 2nd AvenueS- '


South St. Paul, MN 55075- . .

Dear Ms; Weiss:


I am writing in follow up to our telephone conversation of the 28th. I believe I have
answers to your questions,

You indicated that you were unable to discern the dosages of medication that your-son
received. I am enclosing the portion of the study protocol describing dosages. You will note that
for each of the three medications there is a range of dosages. The lower number in that range
represents the amount of medication contained in one pill. For example, for Olanzapine one pill
would contain 2,5 mg. of medication.
If you translate that information into the "drug accountability log" which is in the set of
clinical records you-sbtained in late August, you can accurately determine dosages. That log
records the number of pills dispensed each time your son received medication, and you can

simply multiply the number of pills times the dosage.


You also asked about .the "workbooks" for the psycho-educational sessions. Those are
contained in the two Binders that I sent to you. Starting m Binder I, the visits are tabbed in
numerical order. If you will look at page 60 under the Visit 1 tab you -will find the "Workbook"
for that session. You will find similar "Workbooks" for visits 3, 5, 7, and 10. Those sessions
were conducted by Jean Kenney. . . . '

You asked about ftirther records from Dr. Olson. Dr. Olson personally has no records,
and is not the custodian of records. Dr. Olson saw Mi". Markingson as an inpatient; those records
are contained in the hospital chart you have been provided. He also saw him in the course of Mr.
.Marldngson's visits to the Ambulatory Research Center. The records of those visits are contained
in the Binders that I sent you. Based on my review of this matter,, there are no additional records.
I understand that you received a Certification of Records document along with the
records provided to you by the Ambulatory Research Center in August, signed by Jean Kenney.
In certifying the records as then complete, Ms. Keimey was simply mistaken in regard to the
distinction between clinical records and research records, based on incorrect advice that she
received. We apologize for that error. If you have any further questions, please let me know.

s^

Very truly yours,

Keith A.. Dunder


Academic Health Center Counsel

KAD/clt
Enclosure .

co: / Ann BeimdiekKinsella, Assistant Attorney General


Manager, Health/Aatitrust Division ..

Office of the Attorney General


State ofMinnesota.

bcc: Jean Kenney


Stephen Olson, M.D.

UNIVERSITYI ) MINNESOTA
Office of the General Counsel

Twin Cities Campus

Box 501 Mayo


.420 Delaware Street S.E.

Minneapolis, MN 55455-0374
612-626-3700
Fax: 612-626-2111

October 15, 2004

Offices located at; ' ''.'


41.0 ChRC
426, Chw-ehSlreet S.E:

Ms. Mary A. Weiss


ind

.536

2nd

Minneapolis, MN 55455-0374

AvehueS.

'...

..

South St. Paul, MN 55075 . ,." ;...., .:..-' ...'./

Dear

Ms.

.Weiss:

...,.'...

'

"

. I received yffav telephone message indicating that you feel that you have not''
received all -the records related to your son. I rec'eive a consistent busy signal-when I . .; '
telephone your number, and so will try to answer your questions m this letter. . : ...' .;

You asked about the floppy disks. The material m those disks was copied and ...
- included in the pocket of one of the binders we shipped to you. Each'disk printed out as ,
... .six pages of material relating to certain tests results. ' ; . . .

You inquired as to records-of Dr. Olson. Dr. Olson's clmical records are part of. '

the medical record wiucl^, I understand, was provided to you by Fairyiew Hospital. . '..
Those records are also contained in- the set of materials earlier provided to you by the. '
Ambulatory Research Center. : .. '.'.. .: : . ' ..'.. -:. :'.,.. ',' . ,

' You also inquired as to' some additional, binders of material.. I personally ': .

examined the records at the Research Center and believe that no such additional materidls . .. .
exist. You were previously provided the set of records,-kept in a binder; entitled Medical.
Records, and we sent.you by courier, with my-letter of October 15, 2004, a'fall set of .
copies of the remaining documents, entitled Source Document Binder I and'Source" - '
-'Document

Binder

II.

.'

'

,.';.

..':-,'

I believe you now have copies of all the records relating to your son. If you Have'' ' ''
. . any questions, please do not hesitate to c.ontact me. If you do, and I am away or on the ' .

phone, it would be helpful if you could make some indication as to a good time to call' ^ .
you

back.

.'

'.

"

.'

'

Very

'

'

truly

Keith A. Dunder "'

Academic Health Center


KAD/clt

'

".'.

ec: Aim Beimdiek Kinsella, Assistant Attorney General


Manager, Health/Antitrust Division ' .
Offiee. of the Attorney General
State of Minnesota . ' '
bcc: Jean Kenney . ..
. Stephen Olson, M.D,. . ,

yours,

'.

'

'

''

UNIVERSITY! 'MINNESOTA ..'


Office of the General Counsel

Twin Cities Campus

Box 501 Mayo


420 Delaware Street S.E.

Minneapolis, MN 55455-0374
612-626-3700
Fax: 612-626-2111
Offices located at;:

October 15/2004

410 ChRC
426 Church Street S.E.- . '

Minneapolis, W55455-0374

M-s.
536

Mary

2nd

Weiss

Avenue

S'

'

'

...

:'..-.

'
'.

South St. Paul, MN 55075 ' :,'.. ' .. ..

Dear
I

M:s.

Weiss:
I

...'
.

'

'

'.

I have not been successful in reaching you by phone. In response to your request,
please find enclosed what I understand to be all of the records related to your late son's
participation, in the CAPE study, including all the documents contained in two large
binders reflecting individual encounters, and all the data contained on two floppy disks;
which apparently reflect certain cognitive testing results. ' . ' .

I would like to discuss this matter with you, and if you have further questions or
. requests, please contact me, rather than the Ambulatory Research Center. ..' .,

. Very, truly yours; . .

^./L k.
KeithA.-Dunder ' . . .

Academic Health Center Counsel

KAD/clt

Enclosures

..../.

..'.'.

ec: Ann Beimdiek Kinsella, Assistant Attorney General


Manager, Health/Antitrust Division
Office of the Attorney General
State of Minnesota
Today this leccer, w/enclosures, were
courierea 40 the home .of .Mary Welss '
via Dynamex/Road Runner, tracking
#5476.'

.-.

'.

,.,..

:'-:

Univereity of Minnesota Mail - Updates, 6/5/14 - Huipan Subjec... https://mail.google.com/mail/u/0/?ui=2&ik=281fa64bb4&vievv..

JBL

Brian Steeves <stee0168@umn.edu>

Updates, 6/5/14 - Human Subjects Review Underway; UMore Leader Named;

Engagement Efforts Recognized


Brian Steeves <stee0168@umn.edu> Thu, Jun 5, 2014 at 12:31 PM
To: Richard Beeson <rbeeson@umn.edu>, Dean Johnson <djohns@umn.edu>
Cc: Eric Kaler <ekaler@umn.edu>, Amy Phenix <pheni001@umn.edu>
Bcc: Abdul Omari <omari002@umn.edu>, Clyde Alien <allen190@umn.edu>, David Larson
<dmlarson@umn.edu>, David McMillan <mcmil019@umn.edu>, John Frobenius <froben@umn.edu>, Laura Brod
<lbrod@umn.edu>, Linda Cohen <lacohen@umn.edu>, Patricia Simmons <simmons@umn.edu>, Peggy Lucas
<lucas070@umn.edu>, Tom Devine <twdevine@umn.edu>, Jason Langworthy <lang0789@umn.edu>, Mary
Swords <mswords@umn.edu>, Pamela Hudson <phudson@umn.edu>, Sarah Dirksen <sdirksen@umn.edu>,
Stephanie Austin <saustin@umn.edu>

TO: ALL REGENTS


EXTERNAL HUMAN SUBJECTS RESEARCH REVIEW
In December 2013, the University Senate passed a resolution calling for an inquiry to examine the current
policies, practices and oversight of clinical research on human subjects at the U, in particular clinical research

involving adult participants with diminished functional abilities. President Kaler charged VP Herman with
conducting a search, in consultation with faculty leaders, for the contractor to manage the inquiry with a panel
of independent, outside experts. The panel of experts will include Melissa Frumin (Harvard Medical School),
Joan Rachlin (former executive director, Public Responsibility in Medicine and Research), and Jeremy
Sugarman (Johns Hopkins University).
After undergoing a rigorous selection process, the U has selected the Association for the Accreditation of
Human Research Protection Programs, Inc. (AAHRPP) to logistically manage the independent inquiry
process. Professor Will Durfee will serve as contract manager for the University, which includes ensuring that
the panel has access to any records and/or people it needs to conduct its review. The review will conclude in
six months, and upon conclusion, the panel's report will be made public and reported back to the U Senate by
one or more of the experts serving on the investigative panel. We will also seek an opportunity for the Board

to be briefed on the findings of this panel.

GLOWA APPOINTED PRESIDENT OF UMORE DEVELOPMENT LLC


Dale Glowa has been named president of UMore Development LLC by the company's nine-member Board of
Governors. Glowa was most recently real estate development director for The Beck Group in Denver,
Colorado, with responsibilities for project site acquisition, land planning, design, government approvals,
construction, financing and marketing. Prior to that, Glowa worked with United Properties for 26 years,
concluding his tenure as senior vice president of development. In his role as LLC president, Glowa will take
the lead on securing a master developer for the 738-acre Phase One development. He follows Carla Carlson
in the LLC leadership position.

U EMPLOYEE ENGAGEMENT EFFORTS RECOGNIZED


The University's employee engagement program has received the Midwest Region Excellence in Human
Resource Practices Award from the College and University Professionals Association for Human Resources
(CUPA-HR). This award, the highest one given out by the Midwest Region, was accepted on behalf of the
University and OHR by Brandon Sullivan, director of Organizational Effectiveness. The engagement program
was specifically recognized for improving the quality of programs through effective human resource

of

2/26/15

11:57

AM

University of Minnesota Mail - Updates, 6/5/14 - Hurpan Subjec... https://mail.google.com/mail/u/0/?ui=2&ik=281fa64bb4&vievv.,

administrative practices, creative application of human resource principles, and strong leadership.

Brian R. Steeves

Executive Director & Corporate Secretary


Board of Regents
University of Minnesota
612-625-6300
bsteeves@umn.edu

of

2/26/15

11:57

AM

UNFVERSITY OF MDWESOTA
Twin Cities Campus Department of Mechanical Engineering 111 Church Street SE

College of Science and Engineering Minneapolis. MN 55455-0111


Telephone: (612) 625-00099
Email: wkdurfee@umn.edu

June 5, 2014

RE: CLINICAL RESEARCH REVIEW UPDATE


Dear Faculty Senators,
This week, a contract was signed with the Association for the Accreditation of Human Research
Protection Programs, Inc. (AAHRPP) to manage the independent review of clinical research on human
subjects that was called for by the December 5, 2013 Faculty Senate resolution.
The panel of experts who wilt conduct the review include Melissa Frumin (Harvard Medical School), Joan
Rachlin (former executive director. Public Responsibility in Medicine and Research), and Jeremy
Sugarman (Johns Hopkins University).
AAHRPP is responsible for logistically managing the review and has no role in the analysis, conclusions or
recommendations of the panel. I will serve as the contract manager for the University, which includes
ensuring that the panel has access to any records and people it feels it needs to conduct the review.
Attached is the proposal submitted by AAHRPP for conducting the review, which includes the CVs of the
panel. Note that the proposal also includes the CV of Dr. Barbara Stanley who at the last minute was not
able to participate on the panel.
Please feel free to contact me if you have any questions.

Sincerely,

DM
William K. Durfee
Professor and Director of Design Education
Chair, Faculty and Senate Consultative Committees

University of Minnesota Mail - Updates, 6/26/14 - Letters to Edi... https://mail.google.com/mail/u/0/?ui=2&ik=281fa64bb4&view.,

JVL

Brian Steeves <stee0168@umn.edu>

Updates, 6/26/14 - Letters to Editors, Human Subjects Research Key Points,


Survey Reminder
Brian Steeves <stee0168@umn.edu> Thu, Jun 26, 2014 at 9:46 AM
To: Richard Beeson <rbeeson@umn.edu>, Dean Johnson <djohns@umn.edu>
Cc: Eric Kaler <ekaler@umn.edu>, Amy Phenix <pheni001@umn.edu>
Bcc: Abdul Oman <omari002@umn.edu>, Clyde Alien <allen190@umn.edu>, David Larson
<dmlarson@umn.edu>, David McMillan <mcmil019@umn.edu>, John Frobenius <froben@umn.edu>, Laura Brod
<lbrod@umn.edu>, Linda Cohen <lacohen@umn.edu>, Patricia Simmons <simmons@umn.edu>, Peggy Lucas
<lucas070@umn.edu>, Tom Devine <twdevine@umn.edu>, Jason Langworthy <lang0789@umn.edu>, Mary
Swords <mswords@umn.edu>, Pamela Hudson <phudson@umn.edu>, Sarah Dirksen <sdirksen@umn.edu>,
Stephanie Austin <saustin@umn.edu>, "Dave McMillan (MP)" <dmcmillan@allete.com>

TO: ALL REGENTS


THANK YOU LETTERS TO EDITORS
As outlined in our legislative outreach strategy last fall, interested Regents are invited to submit thank you
letters to the editors of newspapers in their region expressing appreciation for the state's investments in the
University. Attached (in PDF and Word) is draft language. If you have interest in submitting a letter, please
let Stephanie Austin or me know. Stephanie will work with you to tailor your letter and can assist with
submitting it on your behalf.

HUMAN SUBJECTS RESEARCH KEY POINTS


In tight of the Legislative Auditor's recent announcement and former Gov. Carlson's op-ed, attached is an
updated document highlighting key points regarding human subjects research at the University. Although
Chair Beeson will continue to serve as the Board's spokesperson on this topic, other Regents may find it
helpful to have this background in case the topic comes up at events or in other conversations. This
document is also available in the Resource Library > Key Messages & Background folder:
Human Subjects Research Key Points - June 2014

BOARD EFFECTIVENESS SURVEY REMINDER


Just a reminder... if you have not already completed the Board effectiveness survey, please do so by
Tuesday, 7/1. The survey should only take approximately 15 minutes.
2014 Board Effectiveness Survey
If you have trouble accessing the survey or have any questions, please let me know.

Brian R. Steeves

Executive Director & Corporate Secretary


Board of Regents
University of Minnesota
612-625-6300
bsteeves @umn .edu

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Letter - BOR - CapitalFundsThanks - DRAFT - 23June14.pdf

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Letter - BOR - CapitalFundsThanks - DRAFT - 23June14.docx

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Human Subjects Research Key Points June 2014.pdf

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Human Subjects Research - Key Points

June 2014
Biomedical research is a key component of the University's mission and an important
contributor to the health of Minnesotans and the economy of our state. The University will
continue to perform this important research while also maintaining a rigorous oversight
system for the protection of research participants.
* Human subject research is a highly regulated activity, as it should be. The University takes
its role very seriously in making sure that the highest standards are upheld as we work to
solve some of the most pressing medical questions of our time. Any questions or concerns

about human subject research are thoroughly reviewed by our Institutional Review Board

(IRB)

Human subject research is critical across the spectrum of health care, not just in psychiatric
care. Breakthrough discoveries in the treatment of cancer, cardiovascular diseases,
diabetes, Alzheimer's, and numerous other serious illnesses and conditions rely on human
subject research.

The suicide death of Dan Markingson in 2004 was a tragic reminder of the devastation of
mental illness, and the work that still needs to be done to find answers, treatments and
cures. It was not, and is not, a scandal.

* The Markingson case has been thoroughly reviewed, both internally and externally. Of
particular note are investigations by the Food and Drug Administration, the independent
federal agency with oversight for research in drug trials, and also by the state Board of
Medical Practice and the district court. There has never been any finding that
Mr. Markingson's death was as a result of his participation in the research study.
Assertions that the Board of Regents has not been informed of this matter are simply not
true.

o Board leadership has been briefed numerous times over two administrations about
this issue.

o In February 2011 then-Board Chair Clyde Alien sent a letter to Professor Elliot and
his colleagues on behalf of the Board stating "we do not believe further University
resources should be expended re-reviewing a matter such as this, which has already
received such exhaustive analysis by independent authoritative bodies." His letter
goes on to state, "We do not intend to suggest that the broader concerns you raise

related to protection of subjects involved in clinical research are unimportant. To


the contrary, we encourage the University community to engage in further
discussion about these wider issues."

o In May 2014, Board Chair Richard Beeson sent a letter to former Gov. Arne Carlson
on behalf of the Board echoing Regent Alien's letter and stating, "While the
University will not expend resources to re-review a matter that has been so

extensively analyzed already, the University has initiated an independent review of


our policies and practices to ensure best practices in all our research involving
human subjects. All of us at the University are committed to maintaining the highest
integrity in our research mission."

Human Subjects Research Key Points - June 2014

o In June 2014 the Chair of the Board and President met with former Governor
Carlson to hear his concerns about the Markingson case and human subject research
at the University.
There are currently two additional independent, external reviews underway:
o In response to a resolution passed by the University Senate in December 2013, the
Association for the Accreditation of Human Research Protection Programs, Inc.
[AAHRPP) was selected to logistically manage an independent inquiry into the
University's human subjects research practices. AAHRPP is not conducting the
review. They are managing a review that will be conducted by a panel of
independent, scientific experts. University of Minnesota Professor Will Durfee will
serve as contract manager for the University. In this role he will ensure that the
panel of external experts has access to any records and/or people it needs to
conduct the review. The review will be completed and findings will be made public
in winter 2 014.
o In June 2014, the Office of the Legislative Auditor announced that it would
undertake a "preliminary review" of the University's psychiatric research practices
and its participation in the drug trial in which Markingson was enrolled. The
University is fully cooperating with that review.
The University is committed to ensuring our human subject research programs are best in
class globally. We take this responsibility very seriously, understanding there is no room for
error or compromise when it comes to the health and welfare of patients. That is why
University leaders are committed to transparency and openness in carrying out the reviews
by AAHRPP and the Legislative Auditor.

.University of Minnesota Mail - UPDATES, 11/25/14 - Fox 9 Sto... https://mail.google.com/mail/u/0/?ui=2&ik=281fa64bb4&view.

Brian Steeves <stee0168@umn.edu>

UPDATES, 11/25/14 - Fox 9 Story on Human Subjects Research; Gopher


Basketball Player Arrested; UMC Visit Postponed

Brian Steeves <stee0168@umn.edu> Tue, Nov 25, 2014 at 4:06 PM


To: Richard Beeson <rbeeson@umn.edu>, Dean Johnson <djohns@umn.edu>
Cc: Eric Kaler <ekaler@umn.edu>, Amy Phenix <pheni001@umn.edu>
Bcc: Abdul Omari <omari002@umn.edu>, Clyde Alien <allen190@umn.edu>, David McMillan
<mcmil019@umn.edu>, John Frobenius <froben@umn.edu>, Laura Brod <lbrod@umn.edu>, Linda Cohen
<lacohen@umn.edu>, Patricia Simmons <simmons@umn.edu>, Peggy Lucas <lucas070@umn.edu>, Tom
Devine <twdevine@umn.edu>, Jason Langworthy <lang0789@umn.edu>, Mary Swords <mswords@umn.edu>,
Sarah Dirksen <sdirksen@umn.edu>, Stephanie Austin <saustin@umn.edu>

TO: ALL REGENTS


FOX 9 NEWS STORY ON HUMAN SUBJECTS RESEARCH
This evening Fox 9 News will air a story on human subjects research at the U. It appears that a Fairview
nurse named Niki Gjere has been secretly taping conversations with Dr. Charles Shultz and perhaps Dr.
Stephen Olson and VP Brian Herman. Drs. Shultz and Olson led the drug trial that Dan Markingson was in
when he committed suicide. Ms. Gjere has supplied recordings to Fox 9, but it's not clear what was said in
those conversations. Former Gov. Arne Carlson was interviewed for this story and apparently suggested that
the Board was not responsive on this matter. Chair Beeson provided the following statement to Fox 9:
"The overall integrity of the University of Minnesota's human subjects research is my primary
concern. As I discussed with former Gov. Carlson earlier this year, I believe nothing rises to the
level of concern that would require more review than has already been completed involving the
psychiatry department The department's research has been reviewed extensively to date by
credible internal and external groups and no significant concerns were found."

GOPHER BASKETBALL PLAYER ARRESTED


Media has begun covering the recent arrest of a Gopher basketball player. Athletics issued the following
statement earlier today:
"Men's basketball student-athlete Daquein McNeil has been suspended from all team activities
pending an investigation into a possible domestic assault. We are currently gathering
information and cooperating with the authorities. This athletics department values respect and
positively impacting the lives of others and will not tolerate any form of domestic assault from
its staff or student-athletes."
If you are contacted by media, please refer them to the U's News Service. If you have questions or concerns,
please call Amy Phenix.

UMC VISIT POSTPONED


The Board's planning calendar anticipated a small group visit to Crookston during spring semester. UMC was
excited to host Regents, but as we began exploring potential dates we came to the mutual conclusion that it
would be better to postpone the visit to fall 201 5. This timing works better for UMC and increases the
likelihood that we can include new Regents in the visit.

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DECEMBER BOR DINNER REMINDER


Just a reminder that Regents and a spouse/guest are invited to the December BOR dinner at Eastcliff on
Thursday, 12/11 at 6:00 pm. If you have not already done so, please let the Board Office know if you will be
bringing a spouse/guest.

Brian R. Steeves
Executive Director & Corporate Secretary
Board of Regents
University of Minnesota
612-625-6300
bsteeves@umn.edu

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University of Minnesota Mail - Letter from former Gov. Carlson... https://mail.google.com/mail/u/0/?ui=2&ik=281fa64bb4&vie\v..

JBL

Brian Steeves <stee0168@umn.edu>

Letter from former Gov. Carlson to Legislature


Stephanie Austin <moore796@umn.edu> Thu, Feb 5, 2015 at 5:17 PM
To: Richard Beeson <rbeeson@umn.edu>, Dean Johnson <djohns@umn.edu>
Cc: Brian Steeves <stee0168@umn.edu>

TO: ALL REGENTS


Attached is an open letter posted on The Periodic Table blog from former Governor Arne Cartson to the
Minnesota State Legislature regarding the Board's response to the Markingson case. The Board Office was
made aware of this today and is working with Board leadership on a response. Media coverage is expected
on MPR News.

Stephanie Austin
Board Associate, Communications & Committees
Office of the Board of Regents
University of Minnesota
main: 612-625-6300
direct: 612-624-0842
saustin@umn.edu

Letter-from-former-governor-Arne-Carlson-to-Minnesota-State-Legislature.pdf

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An Open Letter

Dear Legislator: February 2015


In so many ways, colleges and universities are the pacesetters for civilization. It is not just a matter
of education or technological advancement but, of greater importance, they represent our search
for the highest levels of truth and integrity. That may sound abstract but it is a fundamental
expectation.

To Minnesotans, the University of Minnesota symbolizes our best efforts in education, research,
and public service. We care deeply about the Maroon and Gold because we know it represents
our advancement.

But the University is also a complex organization requiring a diverse array of skill sets in order to
provide the proper guidance, leadership, and management. The following is a summary review of
the University's clinical drug research trials. Sadly, it concludes that the high level of competence
and integrity required has been absent.
Any endeavor that involves corporate contracts for research requires special scrutiny due to the
obvious conflicts of interest and temptations involved. In this case, drug companies have been
paying for the testing of experimental drugs and researchers have been financially rewarded for
enrolling participants and administering drugs according to accepted medical protocols. As the
attached report notes, serious questions have arisen relative to the poor study design and biased
results, numerous conflicts of interests, six suicides, multiple injuries, the FDA banning of some
researchers, the felony conviction and imprisonment of a professor, and an unhealthy research
environment.

Most disturbing is the deliberate refusal of the Board of Regents to publicly review or hold
hearings on what they knew was clearly a troubled area. Time and again, they have perpetuated
the falsehood of numerous and extensive investigations, including one investigation supposedly
conducted by the University long after its own Vice-President for Regulatory Affairs testified
under oath in a 2006 lawsuit that the University did not conduct any such invesdgation. Their
actions were deliberate and every Regent should have known that their claims were untrue. To
make matters worse, it was this sham of extensive investigations that was utilized by the
administration to fend off calls for an independent inquiry. At times, the administration's rebuttals
were quite strong and included referring to a clinical investigator calling for an independent
investigation into the Markingson case as a "wacko".
Further, there is no indication that the Board of Regents, as the body responsible for hiring
management and providing oversight of the University on behalf of the taxpayer via the
Legislature, ever inquired about a report from this investigation, or ever called anyone raising red
flags, including two of their own professors from the Center ofBioethics, Dr. Carl Elliott and Dr.
Leigh Turner. Nor did the Board seem interested in the conflicts of interest involved with testing
drugs in company-sponsored clinical trials.
Of further concern is the role of the internal and external compliance audit function. How could
so many audits miss so much? With all of the negative media attention, it is hard to understand
the lack of curiosity of a professional function that prides itself on being thorough and inquisitive.

And then we have a management system that seemed to find everything from human tragedy to
an array of conflicts of interest as quite normal and acceptable.
This leaves the most serious question. Where do we go from here? The state constitution makes it
clear that the buck stops with the Legislature since it appoints the Board of Regents and is
expected to evaluate their performance. Sadly, the evaluation piece seems to have been absent in
recent years. That is a huge omission because it further weakens an already malfunctioning
oversight system.
Requesting the involvement of the Legislative Auditor is a solid first step. That oflice's strength
has been its ability to evaluate management, thoroughly review the data and make positive
recommendations for improvement. Their report will be most welcome.
In addition, there are two other recommendations that warrant serious consideration by the
Legislature:
1 Annual committee reviews in the House and Senate of the performance of the Board of
Regents. This would not be part of the appropriation process but rather an open hearing relative
to goals and objectives, performance, challenges, etc. After all, the Legislature by law has the
ultimate responsibility and they are the peoples' representatives.
2 The appointment of a special citizen's commission to review psychiatric drug research and the
entire oversight process including Board and management performance. This panel should
consist of distinguished and capable Minnesotans reflecting a variety of skill sets but deeply
committed to the highest standards of integrity and competency. Additionally, this group can
assist the Legislature in setting up a more professional process for the selection of Regents.
Defined and proven leadership talents must replace the current system which is little more than a
political beauty contest. A good Board can only come about if legislators actually seek out the
talent they need.
This combination of endeavors holds out the promise of restoring trust, transparency, and a high
level of competence to a program sorely in need of a major overhaul.

Respectfully submitted,

Arne H. Garlson, Former Governor of Minnesota


Carl Elliott, M.D., Ph.D., Professor ofBioethics, University of Minnesota
Leigh Turner, Ph.D. Associate Professor ofBioethics, University of Minnesota
Mike Howard, Retired businessman & friend of Mary Weiss

Summary - Drug Testing


University of Minnesota

February 2015
The University of Minnesota, like many other research institutions, tests
experimental drugs. The understanding between the companies that develop these drugs
and the consuming public is that the drugs have been thoroughly tested on humans and
that these tests meet the highest standards. This assures the Food and Drug
Administration serving as the protector of public safety that they will only certify for
public usage those drugs that are deemed safe and meet the established standards.
However, in recent years studies have been showing that drug tests performed by
universities and funded by drug companies have a clear bias towards positive results.
According to a May 2008 article in the St. Paul Pioneer Press, "A growing body of research
suggests that drug company money has an influence on study outcomes. One analysis
found that industry-funded research was four to five times more likely to produce positive
outcomes for a paying company s drug than federally funded research. " Considering the
hundreds of millions ofdoUars that flow from drug companies to research universities, this
finding is not surprising.
It would appear that the most prudent approach to this new evidence would be
for the federal government and research universities to come together and work toward a
common solution. It is intolerable to have a situation where the public's health and
weUbeing may be placed in jeopardy due to tainted research. One simple approach would
be for the drug company money to flow to the National Institutes of Health (NIH) and for
that body to assume responsibility for awarding research grants and providing the
oversight of protocols. This would place research integrity over the powerful influence of
money.

Unfortunately, that has not happened across the board nor at the University of
Minnesota. Neither the Board of Regents nor the management at Morrill Hall has been
moved to review this issue.

That relaxation of standards of excellence and the repeated unwillingness to


examine the problems with drug testing sends a message to the rest of the system. That is
welcome news to those who are willing to pursue personal gain over the integrity of
research. To bring that message closer to home, consider the case of Dr. Faruk
Abuzzahab, a former Professor of Psychiatry at the University of Minnesota. According
to the Boston Globe (November 17, 1998), Susan Endersebe was a patient at Fairview
Riverside Hospital receiving treatment for "schizophrenia and suicidal impulse". By all
reports, she was faring well and looking forward to leaving. But, according to the
newspaper, "she was referred to psychiatrist Faruk Abuzzahab, an encounter that put her
on a path that led to her death."

Abuzzahab, who had a contract with Abbott Laboratories, enrolled Endersebe into his
drug trial. Following her suicide, he acknowledged to state investigators that he had
violated some key protocols including ignoring "study criteria that excluded patients who
were suicidal." Further, he took her off the antipsychotic medication that was working
and put her on the experimental drug. Within three days she committed suicide.
Dr. Morris Goldman, Associate Professor of Psychiatry at the University of
Chicago School of Medicine, who was called in by the Minnesota Board of Medical
Practice to investigate Abuzzahab's transgressions, declared, "The abuses are there. A big
part is the dollars involved."
He continued, People are drawn into this field because they are interested in
dollars. They are very profit-conscious. And that combination of a lot of money, plus the
added ethical dilemma you face in human research, that is a bad combination."
Ultimately, Dr. Abuzzahab was charged by the Minnesota Board of Medical
Practice with a "reckless, if not willful, disregard" for the welfare of "46 patients, five of
whom died in his care or shordy afterward.
His license was suspended for seven months and he was placed under closer
supervision. In a twist of irony, Abuzzahab was directed to attend an ethics class taught
by Professor Carl EUiott, who would later become the most outspoken critic of how the
University tests drugs.
Bear in mind that this case came after an equally notorious case. In 1989,
Dr. Barry Garfinkel, Director of the University's Child and Adolescent Psychiatry
Department, was invesdgated by a University panel and found to be "fabricating records"
and involved in a variety of other violations. However, according to the Star Tribune the
university "kept silent for four years" about his research misconduct.
Ultimately, Garfinkel was found guilty of five counts of mail fraud and filing false
statements in connection with his research on Anafranil, an anti-depressant drug." He

was sentenced to federal prison and fined, and in 1 998 he was disqualified by the FDA
from conducting research.

As a result of another investigation, Dr. James Halikas, director of the Chemical


Dependency Unit in the Department of Psychiatry, was disqualified by the PDA from
conducting research on humans in 2000. Halikas had recruited illiterate Hmong opium
addicts into a study of gamma hydroxybutyrate, or GHB, for opiate addiction. GHB is a
central nervous system depressant linked to seizures and coma that is sometimes used as a

date rape drug. Despite the fact that Halikas was a member of the University of
Minnesota IRB, he never obtained informed consent from his subjects, and it is unclear
whether subjects were even aware that they were in a research study. According to the
FDA investigation, several of the subjects were severely depressed and at risk of suicide,
and should have never been enrolled in the study even if they had given informed
consent.

Perhaps the case that created the most public attention was that of Dan
Markingson, 26, who committed a violent suicide in May 2004. Tragically, the Dakota
County District Court had placed him under a civil commitment order that required him
to obey the recommendations of his psychiatrist. Dr. Stephen Olson, Director of the
University of Minnesota schizophrenia program as well as a paid researcher and speaker
for AstraZeneca, a pharmaceutical company. Markingson was enrolled in an
AstraZeneca antipsychodc trial called the CAFE study in spite of serious concerns over
his competency or decision-making capacity. Each research subject who served through
completion for the CAFE study brought in over $ 1 5,000 from AstraZeneca hence, the
pressure to recruit and retain subjects.

Mary Weiss, Markingson's mother, noted a major deterioration in her son's


condition and attempted to have him removed from the CAFE study. Her warnings were
ignored. In mid-April, she left a message with the study coordinator: "Do we have to wait
until he kills himself or someone else before anyone does anything?"
Nobody did anything. Three weeks later his mutilated body was found.
From this point on, the University's role becomes both confusing and disturbing.
The University's Institutional Review Board panel (IRB) chaired by Dr. David
Adson presumably examined the case. However, Adson failed to disclose his close
financial ties to the company whose drug was involved in the Markingson case and his
overall ties to the industry valued in excess of $585,000. In addition, the University
maintained that exhaustive reviews were conducted by the Hennepin County District
Court, the Minnesota Board of Medical Practices, and the office of the Attorney General.
Yet letters from the Board and the Attorney General's office indicate otherwise.
It is equally curious that Richard Bianco, the University's Vice-President for
Regulatory Affairs, categorically denied the University's contention of "exhaustive
studies" under oath in a legal proceeding:
Question: Has the University done any investigation into the death of Dan Markingson?
Answer: No.

Question: To the best of your knowledge, did anyone at the IRB, at the University of
Minnesota, or anyone under your office investigate this case, actually look at the records and see
the court documents that I'm describing, and if so, could you give me the name of that person?
Answer: .Not to my knowledge.

Question: Nobody did that?


Answer: JVo.

In spite of this obvious conflict within the University over an issue of accuracy and
truthfulness, there has not been an inquiry from the Board of Regents nor the Office of
the President. This institutional indifference is further reflected in its unwillingness to deal
either with any of the conflicts of interests cited nor with the more serious concerns over

the safety and protection of the enrollees in these drug testing trials. So far to date, there
have been at least six deaths and many more serious injuries, and yet not a single public
meeting on the subject held by the Board of Regents. Further it should be noted that the
University has been unable to provide the actual number of deaths and injuries that have
occurred in psychiatric research studies which raises another series of concerns about
management.

In addition to the above episodes, the following has also occurred:


Dr. Leo Furcht was appointed by the former Dean of Medicine to serve as
chairman of the Medical School's Committee on Conflicts of Interest. His prior
history includes "secretly steering a $501,000 research grant to his own company"
(Star Tribune - December 28, 2008). He was reprimanded for a "serious violation"
of University policy relative to conflicts of interest and ordered to return the
money.

Yet, somehow he was deemed fit to lead an ethics reform effort. That would
appear to be comparable to appointing Bernie MadofFhead of the SEC on the
grounds of experience.

Brian Lucas, whose mother serves on the Board of Regents, is the Senior Director
of Communication for the Academic Health Center. In this capacity, he has been
described as being extraordinarily difficult to deal with and an obstructionist when
it comes to obtaining records, etc.

In September 2014, three national experts commissioned by President Kaler


arrived on the campus of the University to review procedures involving the care of
padents in research studies. In spite of all the problems noted with blatant conflicts
of interests, this panel has a member who "was a consultant to the company that
ran the drug study in the M.arkingson case (Star Tribune, September 18, 2014).
How curious that in a nation with over 890,000 physicians, Morrill Hall has not
been able to put together a review panel without tripping over a gigantic conflict
of interest.

On November 26, 2012, Jean M'. Kenney, the study coordinator for the clinical
trial in which Dan M'arldngson died, signed ofTon a "corrective action" by the
Minnesota Board of Social Work. The action stated that Kenney had gone
beyond her competence as a social worker and involved herself in making
decisions that required medical training. She was cited for "numerous
documentation errors including incorrectly listing client # 1 s diagnosis as
hyperthyroidism rather than hypothyroidism." Later she mistook the dosage
involved in client #l's treatment listing the dosage as 25 mg (milligrams) instead
of 25 mcg (micrograms).
She further "dispensed legend prescription drugs without authorization" and
"routinely initiated clinical documents with a physician's initials when the

physician neglected to do so. There were numerous other violations noted in the
"Agreement for Corrective Action."

It should be further noted that client # 1 was revealed to be Dan Markingson and
that Mrs. Kenney's legal bills were paid for by the University.
Channel 9 TV reporter, JefFBaiUon, has done a well-researched series of stories
worthy of national recogniztion on the conflicts of interest, the stonewalling and
the coundess failures to properly and humanely protect enrollees. One key figure
is Niki Gjere, a psychiatric clinical nurse specialist at Fairview Hospital where
Dan Markingson was a research subject under the supervision of Dr. Olson.
Gjere s comments were featured in a Channel 9 TV (November 25, 2014) report
entitled "Nurse Questions Integrity of U of M Drug Researchers." She directly
contradicted the two lead psychiatrists, Dr. Stephen Olson and Dr. Charles
Schulz. The nurse maintained that she and others expressed concerns over
Markingson's mental capacity as it related to his participation with clinical
research. She further raised concerns over the use of coercion and aggressive
recruiting tactics.
Central to her comments was the role of money. It was as though research was

taking precedent over having them (research subjects) get better and having them
receive the care they needed to improve their symptoms, to improve their quality
of life."
Later in the interview, she went on to describe a "culture of fear" that is intended
to keep hospital employees in line. Most incriminating was her revelation that she
made recordings of many of her key conversations and safely stored them. That
has caused some of the psychiatrists to "clarify" their previous comments.
Relative to the possibility ofjob loss, Gjere declared, "You don't speak against the
University and not pay somehow."
A few days later, she received a call that reinforced her fears. It was from Brian
Lucas, Director of Communications for the Academic Health Center and son of
Regent Peggy Lucas. Gjere described the conversation as "intimidating" and said
it nearly drove her to tears.

It is challenging to review all these events and not conclude that it goes beyond
institutional indifference to something more deliberate and sinister. How could
any system of management oversight brush aside six suicide deaths, an untold
number of injuries, a host of serious conflicts of interest, and a barrage of negative

publicity?
In a meeting with President Kaler and the Board of Regents Chairman, Richard
Beeson, Governor Garlson reviewed all of the violations and publicity and
repeatedly asked why the Board had steadfasdy refused any public hearings.

Beeson's response was that it "has not risen to the level of our concern." When

pressed on the negative publicity, he could only offer that "it has not hurt our
brand."

In reviewing all the materials, it is hard not to conclude that what may have
started as indifference has likely become institutional stonewalling. There are so
many elements that point in that direction:
A uniform and centrally controlled message
A lack of transparency
Rewards for loyalists
Punishment for dissenters
Intimidation ofwhistleblowers
Threatened use of institutional power to coerce obedience
As has been mentioned, the Board of Regents and administrators have been declaring
time and again that there has been an endless array of investigations and no fault was
found. Typical has been the response of the University's lead attorney at the time. Mark
Rotenberg.

"As we've stated previously, the Markingson case has been exhaustively reviewed by
Federal, State and academic bodies since 2004. The FDA, the Hennepin County District
Court, the Minnesota Board of Medical Practice, the Minnesota Attorney General's
Office and the University's Institutional Review Board have all reviewed the case. None
found fault with the University. None found fault with any of our faculty."
Yet in the more than ten years that have lapsed since the death of Dan Markingson only
one report from an investigation has surfaced, and that is from the PDA. That report has
been criticized for its lack of scope. Nevertheless, it is the only written report that has
been made available. Where are all the rest? These are all public entities and the public
and the Legislature should be entitled to see these reports of the Markingson case that has
been so "exhaustively reviewed" by the court, the University, the Attorney General and a
state agency.

The time for full transparency and truthful inquiry has arrived.
Respectfully submitted,

Arne H. Garlson, Former Governor of Minnesota


Carl Elliott, M.D., Ph.D., Professor ofBioethics, University of Minnesota
Leigh Turner, Ph.D., Associate Professor ofBioethics, University of Minnesota
Mike Howard, Retired businessman & friend of Mary Weiss

Drug Testing at University of Minnesota Has Drawn Media Attention

Star Tribune - August 1993


University Kept Silent for 4 Years on Research Misconduct by Garfinkel

Star Tribune - August 1993


Hasselmo Says He Didn't Know of Fraud
Star Tribune - October 1993
Professor Accused of Coercing Hmong into 'U' Drug Study

Star Tribune - April 1 994


Psychiatrist Sentenced for Research Fraud
Star Tribune January 1995
'U' Psychiatrist Convicted of Fraud- Quits 'U' Opens Private Practice
Star Tribune - May 1 998

'U' Psychiatrist is Fined for Improperly Conducting Drug Trials


Boston Globe - November 1998
Lure of Riches Fuels Testing
New York Times -June 2007
After Sanctions, Doctors Cost Drug Company Money
Pioneer Press August 2007
Drug Makers Step Up Giving to Minnesota Psychiatrists
New rorker- January 2008
Critical Review of Misuse of Volunteers in Drug Testing Program
St. Paul Pioneer Press - May 2008
Critical Three-Part Series on Drug Testing Program and its Abundant Conflicts
Interests.

Star Tribune - December 2008


UofM Doctor on Ethics Panel Was Disciplined
Internet Article - February 20 11
Is U of M Department of Psychiatry Chair in Pocket ofAstra Zeneca?

Star Tribune- July 2011


Did System Fail a Budding Killer?

Star Tribune - November 20 12

Sanctions Imposed in 2004 'U' Drug Trial Death

MimPost - March 201 3


Why the University of Minnesota Psychiatric Research Scandal must be
Investigated
Internet-2013
Pay No Attention to the Bloody Corpse in the Bathroom
Star Tribune December 2013
Will the 'U' Review or Whitewash a Research Subject's Death
MmnPost-M.arch2\04-

The UofM Should Thoroughly Investigate Issues in the Marldngson Case


Science Magazine May 2014
A Historical Analysis of the Markingson Case and Issues that Continue.
Star Tribune -June 2014
A Necessary Audit of University of Minnesota Drug Research
Star Tribune - September 2014
Faculty Members Challenge Panel Reviewing Us Human Research
Star Tribune - August 2014
Doctors' Industry Ties to Be Public
Star Tribune September 2014
Review ofU's Human Research Draws Fire
Star Tribune- December 2014
For years, U Bioethicist has tested limits of Academic Freedom

10

Unive'rsity of Minnesota Mail - UPDATES, 2/5/15 - Media Sta... https://mail.google.com/mail/u/0/?ui=2&ik=281fa64bb4&view.,

JBL

Brian Steeves <stee0168@umn.edu>

UPDATES, 2/5/15 - Media Statements; UMR Employee Arrested


Brian Steeves <stee0168@umn.edu> Thu, Feb 5, 2015 at 10:12 PM
To: Richard Beeson <rbeeson@umn.edu>, Dean Johnson <djohns@umn.edu>
Cc: Eric Kaler <ekaler@umn.edu>, Amy Phenix <pheni001@umn.edu>
Bcc: Abdul Omari <omari002@umn.edu>, Clyde Alien <allen190@umn.edu>, David McMillan
<mcmil019@umn.edu>, John Frobenius <froben@umn.edu>, Laura Brod <lbrod@umn.edu>, Linda Cohen
<lacohen@umn.edu>, Patricia Simmons <simmons@umn.edu>, Peggy Lucas <lucas070@umn.edu>, Tom
Devine <twdevine@umn.edu>, Jason Langworthy <lang0789@umn.edu>, Mary Swords <mswords@umn.edu>,
Sarah Dirksen <sdirksen@umn.edu>, Stephanie Austin <saustin@umn.edu>, Sarah Hall <hall0499@umn.edu>,
"Dave McMillan (MP)" <dmcmillan@allete.com>

TO: ALL REGENTS


MEDIA STATEMENT ON MOHE PROPOSAL TO LINK STATE GRANT PROGRAM TO METRICS
The Minnesota Office of Higher Education has issued a report (attached and available HERE) proposing that
institutional access to the State Grant Program be linked to metrics. This is likely intended to limit funds
flowing to for-profit colleges, but could have broader implications. Provost Hanson today issued the following
statement in response to an inquiry from MPR:

We agree with the principle of institutional accountability, that limited state financial aid dollars
should be spent at Minnesota institutions of higher education that graduate a majority of their
students in a timely manner, and where graduation enhances students' life opportunities,
including their employment opportunities.
Access and affordability for Minnesota students are top priorities at the University of
Minnesota, and we are committed to continually improving our performance. The Board of
Regents sets rigorous performance goals for the University and holds the president
accountable for achieving them. This past year, the U met or exceeded performance metrics
stipulated by the Legislature, including increasing overall graduation rates. The University will
certainly continue to work with state policymakers to demonstrate our impact and our progress
toward shared goals.
The University of Minnesota has, over the past several decades, put a tremendous effort in
improving the overall undergraduate experience, with a strong emphasis on improving our
retention and graduation metrics for all groups of students. The result has been an increase in
the four-year graduation rate from 15 percent to 60 percent over this period. Internally, the
administration continues to review and adjust these metrics on an annual basis in order to
further improve our graduation successes.

MEDIA STATEMENT REGARDING GOV. CARLSON LETTER


Earlier today, we notified you of a blog post containing an open letter from former Gov. Arne Carlson to the
Minnesota State Legislature regarding the Markingson case. Below is a media statement University Relations
issued in response to an inquiry from MPR:
The University of Minnesota has a responsibility and an obligation to look for answers to some
of the most difficult health questions, including issues related to mental health. As the Dan

of

2/26/15

11:58

AM

University of Minnesota Mail - UPDATES, 2/5/15 - Media Sta... https://mail.google.com/mail/u/0/?ui=2&ik=281fa64bb4&vievv.,

Markingson case so tragically illustrates, mental illness can be devastating, and we need to
find better treatments to try to prevent similar tragedies in the future.
However, while the case of Dan Markingson was definitely a tragedy, it was not a scandal. Over
the last ten years, this case has been thoroughly investigated by multiple independent entities

including:
The Food and Drug Administration (FDA)
The Hennepin County Fourth District Court
The Office of the Ombudsman for Mental Health and Mental
Retardation
The State of Minnesota Board of Social Work
The Minnesota Board of Medical Practice
Contrary to what the letter states, all of these reports are available to the public. None of these
investigations found evidence of misconduct by the University of Minnesota.
The University of Minnesota is committed to upholding the highest standards when conducting
research involving human subjects. We are constantly evaluating our processes and
procedures to be sure we are a leader in this area. In fact, at the recommendation of our
Faculty Senate, we are currently undergoing an independent review of all of our human subject
research practices to be sure we are meeting the highest standards. That review is expected to
be issued in early March.
The University is uniquely positioned to do the groundbreaking research that is needed to find
these new treatments. Clinical research involving human subjects plays a critical role in our
mission to improve the lives of millions in Minnesota and beyond.
As noted earlier, since much of Gov. Carlson's criticism is directed at the Board - and most of his suggestions
would impact the Board's autonomy - Board leadership will also respond.
As a reminder, background materials related to the Markingson case are available in the Resource Library >
Key Messages & Background > Markingson Case.

UMR EMPLOYEE ARRESTED ON CHARGES OF CHILD PORNOGRAPHY


This afternoon a University of Minnesota Rochester employee was among six arrested on charges of
possession and distribution of child pornography. Early media coverage is available HERE). Chancellor
Lehmkuhle is taking appropriate steps in consultation with HR and OGC.
Please let me know if you have questions about any of these items.

Brian R. Steeves

Executive Director & Corporate Secretary


Board of Regents
University of Minnesota

612-625-6300
bsteeves@umn.edu

MOHE Report Inst Participation Metrics 1-2015.pdf

830K

of

2/26/15

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UNIVERSITY OF MINNESOTA

BOARD OF REGENTS
Litigation Review^ Committee
Thursday, February 7, 2008
8:30 - 9:30 a.m.

600 McNamara Alumni Center, W. R. Peterson Conference Room

Board Members "

Anthony Baraga, Chair


Patricia Simmons, Vice Chair
Steven Hunter

AGENDA
1. Resolution to Conduct Non-Public Meeting of the Litigation Review Committee
to Discuss Attomey-Client Privileged Matters - M. Rotenberg (p. 2)

RESOLUTION
WHEREAS, based on advice of the General Counsel, the Board of
Regents Litigation Review Committee has balanced the purposes served by
the Open Meeting Law and by the attorney-client privilege, and determined
that there is a need for absolute confidentiality to discuss litigation strategy
in. particular matters involvmg the University of Minnesota;

NOW, THEREFORE, BE IT RESOLVED, that in accordance with


Miim. Stat. 13D.01, Subd. 3 and 13D.05 Subd. 3(b), a non-pubUc meetmg of
the Board of Regents Litigation Review Committee be held on Thursday,
February 7, 2008 at approximately 8:30 a.m. in the William R. Peterson
Conference Room, 600 McNamara Alunmi Center, for the purpose of
discussing attomey-client privileged matters including the following:
I. Weiss v. University of Minnesota, et al.
II. Twernbold v. University of Minnesota, et al.

III. MPCA Claims

Year 2007.08

UNIVERSITY 6F MINNESOTA
BOARD OF REGENTS
Litigation Review Committee
February 7, 2008
A meeting of the UtlgaUon Review Committee of the. Board of Regents was held on
Thursday, Februaiy 7, 2008 at 8:31 a.m. In Uie WUUam R. Peteraon Conference Room, 600
McNamara Alumni Center.

Regents present: Anthony Baraga, presiding; Steven Hunter and Patricia Slmmons.
Staff present: President Robert Brulirinks: Vice Presidents Kathiyn Brown, Karen
Hlmle, and Kathleen O'Brien; General Counsel Mark Rotenberg; and Executive Director Ann
Cleslak.
Others present: William Donohue.

RESOLUTION TO CONDUCT NON-PUBLIC MEETING


OF THE LITIGATION REVIEW COMMITTEE
A motion was m&de and seconded that the following resolution be approved:
WHEREAS^ ba^ed on^stdvice of ^ie General Counsel, the Board of Regents
Litigation Review Committee has balanced the purposes served by the Open Meeting
Law and by the attomey-cUent privilege, and determined that there is a need for
absolute confidentiality to discuss UUgatlon strategy In particular matters involving
the University of Minnesota;
NOW, THEREEORE, BE FT RESOLVED that In, accordance with Minnesota
State Statute Sgctton 13D.OI, Subd. 9; and 13D.05, Subd. 3(b), a non-pubUc
meeting of the Board ;gf Regents Litigation Review Committee be held on Thursday,
Febniaiy 7, 2008 at approximately 8:30 a.m. In the WUUam R. Peterson Conference
Room, 600 McNaroarA Alumni Center, fgr the purpose of discussing attomey-cllent
privileged matters Including the following:
I. Wetss % University qfMiiv^esota, et aQ;
H. TtuemKpld u Uniuerstty of Minnesota, et afl;
m. MPCA Claims
The committee voted unanimously to approve the resolution. The public portion of the
meeting adjourned at 8:34 a.m.

The npn-publlc portion of the meeting adjourned at9:40 a.m.

ANN D. CDSSLAK
Executive Director and
Corporate Secretary

124

Litigation Review Committee


February 7. 2008

UNIVERSITY OF MINNESOTA
Office of the President 202 Morrill Hall
100 Church Street S.E.
Minneapolis, MN 55455-0110

MEMORANDUM
February 27,2015

TO: The Honorable Richard Beeson, Chair


The Honorable Dean Johnson, Vice Chair
The Honorable Clyde Alien
The Honorable Laura Brod
The Honorable Linda Cohen
The Honorable Thomas Devine
The Honorable John Frobenius
The Honorable Peggy Lucas
The Honorable David McMillan
The Honorable Abdul Oman
The Honorable Patricia Simmons
FROM: Eric W. Kaler, President
RE: External Review of Human Subject Research

Please find attached the final report of the external, independent panel charged
with reviewing our human subjects research program, particularly as it pertains to
individuals with diminished decision-making capacity. You may remember that the
Faculty Senate passed a resolution requesting such an inquiry in December 2013. This
process has been ongoing since then.

Today, the report will be made public, first being sent to the Faculty Senate and
following shared with the media, We will also deliver copies to select stakeholders
including key legislators and the Legislative Auditor. Two of the panelists will be in town
next Friday, March 6 for a presentation and discussion with our Facutly Senate.
A few key points I would make about the report:
First, I view this as an opportunity for the University of Minnesota to
move towards a human research protection program that is, as the panel notes and
I requested in the charge, "beyond reproach."

Board of Regents

February 27,2015
Page 2

. Second, the panel finds no legally or ethically inappropriate activity and


cites no violations of federal law that guides such research. This is consistent with
numerous previous studies and reviews that have been completed.

Third, while their recommendations are sound and we will pursue


implementation, it is important to put the review team's work in context. They
looked at a narrow slice of our research enterprise: human subjects research

related to people with diminished decision making capacity. This represents a


small fraction of our entire research enterprise. They interviewed 53 people and
were on campus for two days. Clearly, and consistent with our charge to them, the

panel's view and subsequent analysis was limited and focused.


Fourth, we will immediately begin to review and implement the
recommendations, some are already in progress. I view the recommendations as

generally reasonable and we will consider them carefully and seriously. We will
strive to be a university whose human research protection program becomes the

model for the world to respect and to follow,


Fifth, the review affirms that our current human research protection
program is no worse than peer programs around the country. We have soljd
program staff and leadership who are dedicated to excellence in the program. Our
program has continually passed accreditation, which is a testament to its quality.
I believe the University will be commended for making this examination
transparent and public. This fulfills our mission as a public university. It is likely that this
public "Minnesota report" will be used by programs around the country, which means the
University of Minnesota is doing a service not only to itself, but also to universities
across the United States.

We are well aware that people are likely to have different interpretations of the
report. However, I am confident that it positions us well to move forward and create a
truly exceptional human subjects research program.

EWK/ap
Enclosure

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[allenl90+caf_=allen=cord.edu@umn.edu] on behalf of Jason


Sent: Friday, July 18, 2014 9:41 AM
To: Richard Beeson [rbeeson@umn.edu]; Dean Johnson [djohns@umn.edu]

Cc; Eric Kaler [ekaler@umn.edu]; Amy Phenix [pheni001@umn.edu]; Brian Steeves


[stee0168@umn.edu]

TO: ALL REGENTS


The following articles related to higher education governance appeared in various
news outlets today:

1. Investing in the U (Pioneer Press)

|^3 Skitrip2014
03 UMM

2. In defense of U research: The Dan Markinason case (StarTribune)

Q long-save (19)

4. New Politics of Partner Benefits (Inside Higher Ed)

Qjl short-save
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^^

3. Flood of applications jams admissions at some souaht-after colleges (M PR)


5. Tex. Lawmakers Take New Steps Toward Sanctions Against University Regent (The

Chronicle of Higher Education)


6. How Do You Plan the Campus of the Future? Try Not To. (The Chronicle of Higher Education)

Investing in the U
Regent Richard Beeson

7/16/2014

Recently, my colleagues and I approved the 2015 capital improvement budget to make new
investments in University of Minnesota facilities that support our mission of teaching, research and
outreach. These investments would not be possible without the partnership of the Minnesota
Legislature and Gov. Dayton.
By sharing costs, the state and university will renovate obsolete labs and antiquated classrooms
in the Twin Cities' 87-year-old Tate Laboratory into flexible spaces that bolster instruction,
research and support services for the sciences. Work will soon begin to create a secure aquatic
invasive species research center that will protect our lakes and rivers from Asian carp and zebra
mussels and to construct a bee laboratory that will advance leading research to assist the
endangered bee population that is vital to our agricultural ecosystem.
The Crookston Campus will build a wellness and recreation center to serve a growing population
of student residents, which will foster student success and increase retention. In Duluth, planning
will begin for a new chemical sciences and advanced materials building so the campus must no
longer turn away students ready to team. And across the U system, repairs will protect previous
state investments in Minnesota's land-grant university.
I'm writing to thank the governor and legislators for investing in the university so the Board of
Regents could complete the partnership. These important investments will help university
researchers address our state's most pressing challenges, keep state industry competitive and
fuel our economy. Minnesota students - and residents - stand to benefit.

In defense of U research: The Dan Markingson case


Mary McLeod

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2/28/2015 7:51 AM

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7/17/2014
With at least four past investigations and one pending, the Dan Markingson case, involving

the suicide of a patient during a University of Minnesota drug trial, goes on interminably. It
involves the most remarkable, random piling-on I have ever seen yet it has failed to

achieve its apparent goals of disciplining the doctors who conducted the drug trial (they
have been repeatedly cleared), while state legislation passed a few years ago already
requires desired changes in research procedures. So what's the point?

With respect to the alleged facts in the case: Just because two things coincide, that does not
establish cause and effect. (If I enroll in a drug study, then have a car accident, did the study
cause it or was I careless?) A certain number of patients with schizophrenia take their own lives,
whether or not they are enrolled in a drug trial. But we will never be certain whether the drug itself

played a role in this particular death. The possibility cannot be definitively ruled in or out,
regardless of beliefs or innuendoes.
I have an awful hunch that some of those expounding on this case are under the misapprehension
that schizophrenia equates with lower I.Q. that these patients are more easily tricked and that,
therefore, they need to be protected from the doctors running such a study. This is so wrong;
schizophrenia patients on average have a slightly higher I.Q. than the general population, and
most make decisions as wise as yours or mine when their symptoms are adequately addressed.
They might be eager maybe too eager to find something that will relieve their symptoms, but
what patient isn't? Let's not assume that these doctors pulled the wool over the subjects' eyes and
led them down the garden path.

In fact, patients with schizophrenia probably have been disappointed by more than one provider or
one medication over the years of their illnesses, and because of that, they are more assertive and
questioning than you or I might be. I am very grateful for the research that has gone before, and
thank both the subjects and doctors who have participated; without them, we would have precious
few medications for these devastating illnesses.
My son, now 37, has schizophrenia, and Dr. Olson, one of the doctors conducting the study being
investigated, is my son's psychiatrist. He has treated my son with the greatest respect; has asked
probing questions, listening to the answers intently; has honored his intelligence; has explained
exhaustively what he is recommending, and has generally bored me nearly to tears with his
thoroughness (but I wouldn't want it any other way). His care has helped immensely, and each
time I sat in on a psychiatric appointment (with my son's permission), maybe five or six times in 10
years, his deep caring was always evident.
Nothing of these doctors' hard-earned reputations or grateful patients' stories comes through in
the media. What does appear resembles the drumbeat of a high-tech lynching (to employ a

phrase from the 1990s). It may not be criminal guilt that is being determined, but it looks like guilt
just the same, and it can destroy or badly cripple a professional career. It is unseemly for
well-educated laypeopleto be engaging in this. Some seem to have forgotten much of what they
knew about critical thinking, and even about the concept of being "innocent until proven guilty."
We used to believe in allowing the authorities to do their investigating without outside interference,
but now everybody's an expert because they saw one on TV.
We shouldn't take everything we hear as fact. Question, question, question. Ask: Does this make
sense on the face of it? Ask whether the death might have had another cause, such as a bad
experience, or this patient simply losing hope. Ask also: What were these doctors' reputations
before this trial in the press began? Had their methods or ethics ever been questioned before?
Were they hard up for money, or were they already well-compensated? Would you, the reader,

have sold your integrity for the fee these doctors were being paid? Had the young man attempted
suicide before? How many times? And were those what the profession calls "serious attempts?"
There are many more such questions.
In ordinary legal proceedings, only "one bite at the apple" is allowed, i.e., one trial. If you lose,

that's it. Why should this situation be so utterly different? Who shall define the end our
legislative auditor (the latest authority persuaded to step in)? The courts? Some other entity? We
seem to be slogging along with no end in sight. And let us not forget that the doctors are human
beings, also. The pattern of attacks on them is deeply troubling: Each time another investigation
clears them of ethical wrongdoing, another investigation is demanded. To whomever is pushing
this: How much is enough?

2/28/2015 7:51 AM

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Fellow citizens, give it a rest, please, and let the real experts do their jobs. Then honor their
expertise, and accept the results.
Mary McLeod, of St. Paul, is a retired attorney.

Flood of applications jams admissions at some


sought-after colleges
Alex Friedrich

7/17/2014
Admissions offices at many Minnesota colleges are awash in applications these days, and for
some students it's creating tougher competition for a spot at their first-choice school.
Most campuses are seeing two or three times the number of applications they saw 30 years ago
a few see four or five times more as technology's made it easier than ever for students to
apply to many schools.
Most students will get an offer from their first-choice school, national surveys show. Still, the
application flood has pushed down acceptance rates at some of the most competitive institutions
here and across the country, making it harder to snag a seat among some of the most
sought-after schools.
'We've seen kids who I think would have gotten accepted in the past not get accepted," said
Frank Sachs, director of college counseling at The Blake School, where he has worked since
1982.
Today's high school graduates are certainly competing with more people for a spot in a public or
private college in the state, undergraduate admissions data shows.
Macalester College is a prime example. In 1983, the St. Paul school attracted a little over 1,100

applications a year. By 2012 that had jumped more than 430 percent to just over 6,000. The
University of Minnesota-Twin Cities has seen close to a 300 percent increase from 9,700
applications to more than 38,000 during the same period.
That explosion is due in large part to the digital age. Students can fill out an online common

application accepted by many colleges, sparing them the grind of individual applications and
multiple essays.

About one in 10 students applied to seven or more colleges in 1990. By 2010 that had jumped to
one in four, according to the National Association for College Admission Counseling.
"It's easier to apply than ever before," said Jon McGee, vice president of planning and public
affairs at the College of Saint Benedict/Saint John's University. "For many, many places it's also
now free, so why not send to as many [colleges] as possible? And students are doing just that."
Websites, social media and email have also greatly expanded colleges' ability to reach students
over the past 10 to15 years, McGee added. That's caused acceptance rates to plunge at many of
the most competitive schools.
Macalester, which accepted 83 percent of applicants in 1983, accepted 37 percent in 2012. The
U's Twin Cities campus now accepts a smaller percentage of applications - 50 percent - than

Carieton College did 30 years ago.


Such low rates are on the minds of many high school seniors.
"We're alt a lot more nervous now," said Emma Mellgren of Lakeville, an 18-year- old Blake
School graduate who will study business at University of Minnesota this fall.
She applied to 11 schools, she said, because "I wanted to hedge my bets." She said she knows of
at least three students who applied to more than 20. Higher numbers of applications doesn't mean
it's harder to get into a good college in this state.
Taking into account growth in the number of college seats over the years, a look at enrollment

2/28/2015 7:51 AM

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data and high-school graduation numbers suggests that picture hasn't gotten worse for students
over the past 30 years.
At Minnesota's seven regional four-year universities, admission is pretty much guaranteed to any
first-year student who graduates in the top half of her high school class or scores 21 or higher on
her ACT.

Nationally, a UCLA survey found 76 percent of students entering college last fall reporting they
received an offer from their first-choice four-year campus, down slightly from the 80 percent

reported in 2009.
What the application surge may have done, however, is make it harder now for a student to get
his first-choice at an elite college now compared to 30 years ago.
At Gustavus Adolphus College, 65 percent of freshmen scored at or above a 24 on the composite
ACT college assessment test back in 1995. In 2012, 88 percent scored above 24. The school's
acceptance rate is now 63 percent, considerably lower than the 81 percent it reported back in
1983.
"There's no question that we're a bit more selective than we were in 1980," said Dean of
Admission Thomas Crady. "Some students are squeezed out because of our higher academic
profile."
The U has changed even more. In 1983, about half its freshmen scored at or above 24. These
days it's around 90 percent.
"There are a whole set of students who would have been admitted in the mid-1980s who would
unlikely be admitted now," said Vice Provost Robert McMaster, who said the D made a conscious
attempt to become more competitive about 15-20 years ago.
"It's just not a safety school anymore," he said. Although the flood of applications and higher
academic bar helped make it harder to get into the U and Gustavus, strong students still have
many options, said Minnetonka High School college counselor Phil Trout.
Many high schools also offer more college-prep courses and extracumcular activities than they
did 30 years ago, meaning many students today are better prepared for college than their parents.
It's important that parents and students not let tales of high school overachievers and insanely
competitive Ivy League schools cloud their assessment of how competitive they are, college
enrollment consultant Carol Stack said.
Such students "are the outliers," she said. "I think we just have the tendency to let the anecdotal
ovenvhelm us."

New Politics of Partner Benefits


Colleen Flaherty

7/18/2014
Now that gay marriage is recognized in their state, faculty members and other employees within
the University of Minnesota system with same-sex partners no longer need access to domestic

partner benefits. Right?


The university has a clear answer to the question: Right - and it's canceling same-sex domestic
partner benefits at the end of this year. But some say it may be acting too quickly in eliminating

those benefits, and failing to give enough thought to how the policy change will impact diverse
families.
As many states have recognized gay marriage in the last year, and as states without gay marriage
have started to see court rulings that could change the law there as well, public colleges and
universities have been considering a range of questions. Because many public colleges moved to
offer partner benefits years before their states recognized gay relationships, some - in places like
Minnesota - wonder if they need to keep those benefits. And in other parts of the country,
including states where any benefits for same-sex partners were decidedly off the table until

2/28/2015 7:51 AM

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recently, that is changing.

The University of Minnesota has been offering domestic partner benefits to employees with
same-sex partners since 2002, as a way of being equitable to employees without legal access to
marriage.

But things began to change last year, when Minnesota's legislature passed a bill legalizing gay
marriage in the state. Immediately the university began talks about how to continue to extend
same-sex partner benefits in this new context. It considered extending domestic partner benefits
to both same-sex and opposite-sex couples, but a spokeswoman said it was decided that that
option would have been "too cost-prohibitive." The university didn't have a hard estimate as to
how many opposite-sex couples might apply for domestic partner benefits if they were offered, but
decided it would be more financially viable to cancel same-sex partner benefits and extend
spousal benefits to all married couples.
Last fall, the university began internal consulting, including with lesbian, gay, bisexual and
transgender employees, to determine a time frame in which same-sex benefits could be phased
out. It soon announced that the deadline was December of this year. This summer, the university
is reminding employees of that deadline with web and other notifications.
Joseph Konstan, chair of the department of computer science and engineering as well as the
Faculty Senate's Faculty Affairs Committee, said there were "no negative reactions" when the
faculty was informed of the timing of the change. "It was made clear at the time that same-sex
partner benefits were instituted that this was a temporary measure that would end if and when
same-sex marriage became legally recognized," he said.
In addition to the committee meeting, Konstan said he talked with a few same-sex couples who
were "clearly positive and supportive" of the move. Some viewed the policy change as an
opportunity to "normalize" same-sex marriage, he said, rather than as something that forced them
to get married.
In other words, he said, "I heard recognition that this change was another sign that same-sex
marriage was the same as opposite-sex marriage."
Numerous same-sex couples already have gotten married ahead of the December deadline.
Currently, 77 employees are enrolled for same-sex domestic partner coverage. Thafs out of
18,975 total benefits-eligibte staff and faculty members.
But if the process at Minnesota is going smoothly, others outside the institution have questioned
its relatively quick move toward eliminating domestic partner benefits. Although there are no
national data on how many colleges and universities offer both same-sex domestic partner and
same-sex spousal benefits, anecdotally it seems that canceling same-sex domestic partner
benefits upon the legalization of gay marriage is rare.
Gay marriage has been legal in Connecticut, for example, since 2008. But the University of
Connecticut System still offers benefits to couples in civil unions, as well as marriages (the state
doesn't recognize domestic partnerships). In New York, where gay marriage has been legal since
2011, the City University of New York offers benefits to married couples as well as unmarried,
same-sex domestic partners. The same goes for public institutions in Oregon, which recently
legalized gay marriage, while the University of New Hampshire System offers benefits to
same-sex spouses and those in civil unions (but not domestic partnerships, unless a hardship is
granted).
In another example, the University of Iowa has offered benefits to same- and opposite-sex
domestic partners since the 1990s. It's maintained those benefits and added same-sex spousal
benefits since gay marriage became legal in the state, in 2009.
Richard Saunders, assistant vice president for human resources at Iowa, said the university
decided to keep domestic partner benefits for its employees because some people simply don't
want to get married, or have personal or religious reasons for not doing so. The university tracked
the cost of adding domestic partner benefits initially, he said, and found that same-sex partner
families tended to be less expensive over all to insure, since they tended - at least in the 1990s to have fewer children (Saundere noted that that may have changed over time, but that the
university has no recent data).
Saunders said he didn't know exactly how many opposite-sex domestic partners the university

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covers in terms of benefits, but that it was fewer than 68 (the university's total number of
non-married employees with domestic partners). But the number is immaterial. Nowadays, he
said, the university doesn't look at the issue from a financial perspective. He added: "We thought it
would be a good benefits offering for employees."
At many institutions, domestic partners are taxed on their benefits - incentive enough for some to
get married. But so far, most college and university employees who choose not to get married
don't risk losing their benefits entirely.
Shane Windmeyer, executive director of Campus Pride, an advocacy organization for LGBT
issues in higher education, said all kinds of employers across the country are discussing how to
continue to offer same-sex partner benefits in light of recent high-profile U.S. Supreme Court
rulings in favor of gay marriage. But he said that Minnesota was the first college he'd heard of
moving to cancel same-sex benefits upon state recognition of gay marriage. He called the move
"shortsjghted."
"I would caution against campuses moving too hastily toward eliminating policies such as
domestic partner benefits because there are family structures and individuals who won't be able to
have access to marriage right away," Windmeyer said. "I think, as with everything, it's sometimes

important to move slowly forward and really think about how policies impact people before doing
away with them."
Conversations about how to move forward shouldn't just be about gay and lesbian couples, he
added. "The larger discussions about domestic partnerships should be about all types of diverse
families who may not have access to marriage, or marriage doesn't work for."
Saranna Thornton, a professor of economics at Hampden-Sydney College and chair of the
American Association of University Professors' Committee on the Economic Status of the

Profession, said AAUP guidelines on family responsibilities and academic work say institutions
should strive to create academic communities in which "all members are treated equitably,
families are supported, and family-care concerns are regarded as legitimate and important."
She continued via email: "Applying that principle to the provision of domestic-partnership benefits,
the AAUP recognizes that families take many forms, not all of which are covered by traditional

benefits plans. The AAUP supports making employee benefits available to faculty and staff in both
traditional and non-traditional family structures."
According to a list compiled by the Human Rights Campaign, an LGBT advocacy group, some
309 colleges offer same-sex domestic partner benefits. A 2013 benefits survey conducted by the
College and University Professional Association-Human Resources found that 57 percent of
responding institutions offered same-sex domestic partner benefits, up from just 40 percent in
2006. The same survey also found 42 percent of institutions offered health care benefits to
opposite-sex partners (not spouses), up from 30 percent in 2006. But the survey doesn't
differentiate between same-sex domestic partner benefits and same-sex spousal benefits, so it's
unclear how many colleges and universities offer both.
Stilt, same-sex partner benefits of any kind aren't offered at many institutions. In many states,
voters previously barred gay marriage or anything resembling it, so a combination of the law and

politics discouraged public institutions from offering such benefits. But that may be starting to
change. Same-sex marriage still isn't recognized in Georgia, but the University of Georgia
announced in May that it was offering such soft benefits as dental, vision and life insurance to
domestic partners of benefits-eligible employees. Employees pay for the entire monthly premium
themselves, and no state funds are used. Similar programs are offered at other institutions within
the University System of Georgia, The Atlanta Joumal-Constitution reported, but the fact that the
state flagship was making such as move came as good news to many. Still, the program falls
short of an earlier proposal from the University Council's Human Resources Committee that the
university also find a way to offer access to health insurance for domestic partners.
This spring, in Virginia, faculty senates or assemblies at three public institutions - the University of
Virginia, the College of William and Mary and George Mason University - all passed similar
resolutions urging their administrations to extend benefits such as health care to same-sex
partners. All make reference to a growing number of peer colleges and universities offering such
benefits, as well as their respective abilities to retain and recruit top faculty members without such
benefits.

The state of Virginia does not recognize gay marriage, and public institutions say that a 2006

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amendment to the state constitution defining marriage as between a man and a woman prevents
them as public agencies from extending same-sex partner benefits to employees.
But that doesn't mean that administrators don't support the movement personally. Recently,
Teresa A. Sullivan, president of the University of Virginia, signed on to letter from a graduate
student asking Mark Herring, the state attorney general, to find ways to offer public employees
benefits for their same-sex partners not already covered by other insurance programs, The Daily

Progress of Charlottesvilte reported.


McGregor McCance, a university spokesman, said Sullivan signed the letter because she
"believes that the current laws regarding benefits for same-sex partners place the University of

Virginia and public higher education in [the state] at a competitive disadvantage."


Currently, state law only allows for the university to offer gym memberships to an adult who is not
a spouse but lives in the household of an employee or student.

Tex. Lawmakers Take New Steps Toward Sanctions

Against University Regent


Katherine Mangan

7/18/2014
Members of a Texas legislative committee who have been drawing up articles of impeachment
against a University of Texas regent are expected to announce next month whether they will move
ahead with that lengthy process, which would assure the flagship campus's most dogged critic
many more months in the spotlight.
Frustration and weariness were evident this week as members of the House Select Committee on

Transparency in State Agency Operations grilled system officials about their relationships with the
regent, Wallace L. Hall Jr.
The Dallas businessman has flooded the flagship campus here with open-records requests in his
search for clues to potentially shady dealings in admissions and spending. Gov. Rick Perry, a
Republican who has appointed every member of the Board of Regents, has defended Mr. Hall's
digging, while the university's boosters and alumni have condemned it as a muckraking expedition
against the flagship's president, William C. Powers Jr.
Both the president and the chancellor, Francisco B. Cigarroa, have announced their resignations,
the president's after a bruising public battle that nearly led to his forced ouster by the regents. Dr.
Cigarroa plans to return to pediatric transplant surgery.
Both were described during Wednesday's hearing as casualties of long-festering tensions
between the university system and the flagship that only worsened with Mr. Hall's aggressive
pursuit of information. Mr. Hall, who has requested hundreds of thousands of pages of public
documents, including the president's personal travel records, has said he is simply doing his job
as a regent. He has refused, however, to testify before the transparency committee or to offer
witnesses.

The committee found in May that grounds exist for impeaching Mr. Hall. If the impeachment
articles the committee has been drawing up are approved, they would be sent to the House for a
vote, then on to the Texas Senate for a trial. If convicted by the Senate, Mr. Hall could be removed
from office.
'An Interrogation'
State Rep. Four Price, a Republican who serves on the transparency committee, asked his fellow
members on Wednesday to consider an alternative to impeachment such as a public censure or
reprimand of Mr. Hall, along with guidelines to help university regents statewide govern more
effectively.

Some committee members have hinted that they have little appetite for a lengthy impeachment
trial that would continue to keep Mr. Hall in the limelight at a time that the university is trying to
heal.

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At the same time, members of the committee scolded system officials, including the chancellor
and the board president, for allowing Mr. Hall to continue hammering away at his requests of the

flagship's administrators and doing little to stop him. Committee members cited a lengthy email
exchange in which Mr. Hall insisted on having a one-on-one meeting with the admissions director
at Austin, Kectra Ishop, who has since taken a job at the University of Michigan at Ann Arbor.
(University of Texas officials said the move was not related to Mr. Hall's inquiry into allegations
that some lawmakers have gotten favorable admissions treatment for their relatives and
constituents by sending letters of recommendation directly to Mr. Powers.)
Dr. Cigarroa told the committee on Wednesday that he had made it clear to Mr. Hall that meeting
atone with the admissions director wasn't appropriate because it would be viewed as "an
interrogation."
Mr. Hall continued to insist that such a meeting, which Mr. Powers also opposed, take place,
according to the email exchange, which was first reported by The Texas Tribune and later
obtained by The Chronicle through an open-records request. The reason the meeting did not
occur was that the Travis County district attorney's office intervened, saying Ms. Ishop might be
called as a witness In its criminal investigation of Mr. Hall's handling of private student information.

A Slippery Slope'
Paul Foster, chairman of the Board of Regents, pushed back against suggestions that the regents
needed to be reined in.
"It's a slippery slope," he said, "when you start telling boards that they can't ask questions and
limit the availability of data and information."
Mr. Foster also said he was "offended" by the committee's three letters to regents asking them not
to fire Mr. Powers while their investigation was still under way.
"Legislative directives wouldn't be necessary if you had your house in order," a co-chair of the
committee, State Rep. Carol Alvarado, a Democrat, responded.
In May, Mr. Foster publicly asked Mr. Hall to resign, but he refused and the matter was dropped.
"He has every right to ask all of those questions," Mr. Foster said, "but his style leaves a little to be
desired." Mr. Hall did not respond to a request for comment on Wednesday.
Mr. Powers, whose testy relationship with system officials was well known, was the same kind of
"lightning rod" and "distraction" that Mr. Hall had become in his digging for incriminating
information about the flagship's operations, Mr. Foster said.
Committee members noted that the university system had been able to force out Mr. Powers, but
didn't seem to be able to do anything about Mr. Hall.
'Every Opportunity'
State Rep. Dan Flynn, a Republican who is the committee's other co-chair, declined, in an
interview on Thursday, to speculate on whether it was likely to recommend impeachment when it
next meets, on August 11. "Our job is to do a thorough and fair investigation," he said. "It's
unfortunate that Regent Hall did not choose to testify. He was given every opportunity."
The transparency committee also asked Dr. Cigarroa for more details on why he had called on Mr.
Powers to resign despite his assessment that the president had done an "exemplary job" in many
respects. The chancellor said Mr. Powers had leaked information from a private conversation in
June, attended only by the president and the chancellor, which he said violated an agreement
they had made to improve communications and cooperation.
"My biggest issue is focused on trust and my inability to communicate with any president about
sensitive information," Dr. Cigarroa said, Without it going public and adding to the strife that has
become a national issue." A spokesman for Mr. Powers said he declined to comment.

How Do You Plan the Campus of the Future? Try Not To.
Avi Wolfman-Arent

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7/18/2014
Dan Huttenlocher doesn't like walls. This isn't so much an aesthetic preference as it is a practical
concern. Walls divide people and define spaces. They restrict movement. They discourage
exchange. And they're a pain to move if your needs change, especially when they're stuffed with
cables, ducts, and other infrastructural accessories.
Mr. Huttenlocher is certain his needs will change. As dean of Cornell Tech, a closely watched

collaboration in New York City between Comell University and the Technion-lsrael Institute of
Technology, Mr. Huttenlocher is overseeing the creation of an institution dedicated to technological
innovation, academic experimentation, and the kind of serial flexibility those two principles require.
"My goal as the dean is to create an environment where everything can be repurposed," Mr.
Huttenlocher says.

He and his team are in the tenuous middle stages of planning and building exactly that: the
chameleon campus, a space where interchangeability permeates everything. As Cathy Dove,
Cornell Tech's founding vice president, puts it, 'We want to embody the principle of iteration."

This attempt at building in nimbleness is a hedge against the hissing pace of technological
change. Cornell Tech expects to open its first buildings in 2017 and its last two decades later. Yet
the campus is being planned now by people who know they cannot imagine how the intervening
years will change the way we interact with the digital world, maybe even with each other. In
shunning any semblance of permanence, Mr. Huttenlocher hopes to answer the central question
of this daring and expensive endeavor: "How do you do something that's technologically
advanced that isn't immediately technologically dated?"
To ask it another way, how do you create a new institution in an age where everythingoffice
design, intelligent infrastructure, cloud computing, classroom technologypresents some

opportunity to break with the past? What do you build? What do you wire? What kind of
interactions do you encourage? Some institutions might create committees to try to anticipate
specific changes. Cornell Tech is determined to do the opposite. Those responsible for building
the campus of the future won't pretend to know what the future holds. They only hope they're

building something malleabte enough to handle it.


A Campus Unlike Any Other
Cornell and Technion joined forces in December 2011 when New York City selected them to build
an applied-science graduate school on Manhattan's Roosevelt Island. The announcement

followed an intense and highly publicized competition among the Cornell-Technion partnership
and six other higher-education groups, all lured by the city's offer to donate land and contribute to
capital costs. The Cornell-Technion partnership won based on the strength of its coalition and the
grandiosity of its plans: two million square feet, 2,000 students, 280 professors, $2-billion. Michael
R. Bloomberg, who was then New York City's mayor, called it "far and away the boldest and most
ambitious" proposal received.
Even after winning the competition, Cornell Tech isn't easing off its lofty promises. Its website
boasts, "We're creating a campus on Roosevelt Island that's unlike any ever created in higher
education." At present that campus is a demolition zone containing the carcass of what was once
Goldwater Memorial Hospital. But behind the scenes Cornell Tech's soaring rhetoric is beginning
to take the shape of hard commitments.
This summer Cornell Tech finalized the construction design for its first academic building. It has
also made crucial decisions about its IT infrastructure and begun experimenting with classroom

technologies. Earlier this year the institution released a video detailing the first phase of the
project, which will include a residential tower, a "colocation building" for industry partners, and the
first academic building. Rubber, in other words, is meeting road, and it starts with what Mr.
Huttenlocher calls the "hardscape."

That includes the floor plan for the first academic building, which was finalized just two months
ago. The second, third, and fourth stories of the five-level structure are stunningly undefined,
dominated by large, uninterrupted spaces. Classrooms? Faculty offices? The building will have
little of the former and none of the latter. Instead there are "office zones," which will be filled with
workstations; those seeking some form of enclosure can enter a "huddle room," "swing space,
"collab" room, or "hub lounge." The entrepreneurial patois, conspicuous as it sounds, reflects a

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real attempt to break down traditional academic boundaries.


'We want this building to support and encourage collaboration across very different groups of
people who might normally be siloed in different places across a university," says Mr.
Huttenlocher. "That's a goal that we don't see changing over a 75-year time frame."
Already, though, Mr. Huttenlocher says he's getting pushback from faculty members on the
absence of offices. "My goal as the dean is to create an environment where it will be very
open-plan like this. Does every faculty member agree with that view? No," Mr. Huttenlocher says.
He adds, "I don't know whether I'll be successful in that cultural change or not."

Smart Buildings
Less contentious but equally intriguing is the technology integrated into the building design. David
Wilts, an IT specialist with the design firm Arup and a consultant on the project, says Cornelt Tech
is attempting to create what he calls the "holy grail" of building-management systems, the
so-called smart building.
"The idea of a smart building has been around theoretically for decades," Mr. Wilts says. "It was

first really talked about in great detail in the 70s, but only in the last five years has the technology
price point dropped low enough."
The broad concept is to have a structure where all the building-maintenance functionsheating,
cooling, ventilation, lighting, fire safety, etc.are fully automated and share data with one another
on a common network. For example, the light fixtures in Cornell Tech's first academic building will
have sensors capable of reading room occupancy, and the light-sensor data will feed into an IT
network that also controls the heating, cooling, and scheduling systems. If a room still isn't
occupied, say, 10 minutes after the time for which it was reserved, the lights will dim, the AC will
shut off, and the room will be reclassified as "available" on a room-scheduling app.
Mr. Wilts believes that kind of interchange on a network spanning the campus will open eyes.
"People talk about getting every building system onto a network. That doesn't really accomplish
anything," says Mr. Wilts. "What really accomplishes things is getting the data to actually be
exchanged between all of these different systems and applications."
The exact specifications of the building-management system are not yet certain. Unlike the

physical plant, the fixtures that make up this smart-building network will need replacing about
every decade, the team at Cornell Tech anticipates. How then to create something that works in
2017 but is flexible enough to accommodate the technologies of future decades? Mr. Wilts says
the key "is to use as many open standards and protocols as possible. If you're using open
protocols and open languages, devices then become interchangeable." He points to the
scheduling system, which was designed to accommodate a specific calendar and email program
but has been recalibrated to become "generic."

The long-term effectiveness of this network will rely on the agility and reliability of the campus IT
infrastructure. And on that front, the school is making perhaps its most notable gamble: It will not
build a data center. 'We fundamentally do not have a data center," says Scott Yoest, director of IT.
"We don't even think that way."
Data centers, which house large numbers of servers, cost money. They're bulky. They suck down
energy. They've also been a staple of college campuses for decades, providing the computing
power and local storage necessary to accommodate research and daily use. "It's been amazing
for me after 25 years in IT higher ed to think of a campus without a data center," says Mr. Yoest. "I
stumbled on it for about the first three months."
The idea of building a campus without a data center was Mr. Huttenlocher's. He and Mr. Yoest
had what the latter calls a "heart to heart" about the decision in 2012. The move has obvious
appeal given the quantum leaps in cloud computing, much of it driven by commercial vendors.
Why build your own data storage when industry leaders can do the heavy lifting for you? It's a
notion higher-ed IT professionals say they've been mulling over for a while.
"I guarantee there is no one in higher ed more reliable than Googte," says Sharif Nijim, enterprise
application architect at the University of Notre Dame. "You can't compete with that scale. You can't
compete with that salary paradigm. You're not going to attract that kind of talent. Take advantage
of the fact that other people are landing that talent."

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Mr. Nijim says if he were starting a campus from scratch today, he'd forgo a data center. "You're
not saddled with all the detritus that's built up over time," he says. "That's your biggest
advantage." But the decision comes with risks, especially at an applied-sciences institution where
data demands should be higher than at, say, a liberal-arts campus. The embedded assumption is
that cloud computing will improve fast enough to accommodate a growing graduate institution.

Finding What Works


In its embrace of technological progress, the data-center decision encapsulates much of the
Cornell Tech mind-set. It also exposes the risk of flirting with what Mr. Huttenlocher calls the
"bleeding edge." In other words, it's great to be at the technological forefront, until the technology
doesn't work.

And at present, there is a whole lot of technology that doesn't work for Comell Tech. Its temporary
campus inside Google's New York headquarters houses all sorts of experimental playthings. One
room has three different videoconferencing systems, setting up a sort of natural selection based
on whichever gets the most use. A device called the BeamProbest described as remotecontrolled Segway meets videoconferencingallows professors to roam the campus hallways
virtually even if in reality they're halfway around the world. And classrooms are outfitted with a
technology that enables laptops to wirelessly transmit to a common flat-screen television. At least
that's what it's supposed to do. "The first round of experiments has been close to a dismal failure,"
Mr. Huttenlocher says.
In 2015, Cornell Tech will begin testing a prototype classroom to be used in the first academic
building. A year after that, the IT team will do what Mr. Yoest calls a "deep dive" on audiovisual

technology. The gadgetry may be the most immediately appealing part of what Cornell Tech is
doing. After all, what would the self-proclaimed campus of "the next century" be without toys? But
to make it to the next century with its reputation intact, the institution's planners will have to avoid

investing too much in the kind of proprietary technology that tends to expire quickly.
There is, in that sense, a sort of Zen to the planning process. Committing to flexibility means
committing to nothing. Embracing technology means not buying too much of it. 'We certainly know
we're going to need classroom technologies," says Ms. Dove, the vice president. "But what will
classroom technology look like in three years? Nobody knows."
In the meantime, Comell Tech will keep experimenting, careful not to make too many
commitments or erect too many barriers. This summer it will create a new testing ground by
turning what is now the capital-planning room into another teaching space. The models and

blueprints will move to another office while the existing room joins with the one adjacent to it.
"That wall is already coming down," Mr. Huttenlocher says, gesturing toward a red wall lined with
splashy architectural renderings. "If I could, I'd take a sledgehammer to it myself."

Jason Langworfhy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
laneo78Q(umn.edu

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AIGronhovd

The following articles related to higher education governance appeared in various

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news outlets today:

GronhovdReunton

1. VIDEO - C-SPAN College Tour: University of Minnesota President Eric Kaler

L3

Skitrip2014
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(C-SPAN)
2. Faculty members challenge panel reviewing U's human research (StarTribune)

3. Report Highlights 3 Universities' Efforts to Help Disadvantaged Students Succeed (The


Chronicle of Higher Education)
4. Measuring What? (Inside Higher ED)

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jj Faculty members challenge panel reviewing U's human


I! research
i! Maura Lerner

ji 9/8/2014
li

i;
I; This week, three national experts will arrive at the University of Minnesota to examine how well it
!| protects patients in research studies.
:i But some critics say the panel is so rife with conflicts of interest that the review will be a sham.

!| The university is paying about $142,000 for the outside review, which was prompted by lingering
|| concerns about the death of a patient, Dan Markingson, in a U drug study 10 years ago.
;j In June, the university hired a national organization, the Association for the Accreditation of
;, Human Research Protection Programs, to manage the inquiry, which is supposed to focus on
:i "current policies, practices and oversight" of human research. The group named three outside
i! experts, including scientists from Harvard and Johns Hopkins universities, to conduct the review.
Ij But on Sunday, Leigh Turner, a U medical ethicist who has been critical of the administration,
|i denounced the pending review as a "whitewash" and said he would refuse to meet with the
II panelists.
n

\ I Among other things, he said one panel member was a consultant for the company that ran the

U drug study in which Markingson died. "I fear that you are being paid $141 ,900 for the service of
ii whitewashing the University of Minnesota's reputation," Turner wrote in a Sept. 7 letter to the
I association. "I will have nothing to do with your sham review."
Ij A dozen other professors sent a letter Sunday to Brian Herman, the vice president for research at
i| the U, expressing concern about the panel's objectivity.
li

|i The university is wasting money if the review is not credible," sakf Karen-Sue Taussig, an
jj associate professor of anthropology and one of the co-signers of the letter. She said conflicts of

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interest could taint the review's integrity.


In a statement, Herman defended the review, saying it's being conducted "by a group of
independent, internationally recognized experts in the field." He added that "potential conflicts of
interest will be managed appropriately."
Elyse Summers, president of the association, acknowledged that one panel member was a
consultant to the company that ran the drug study in the Markingson case. But she said that was
disclosed to the university, and that if a conflict surfaces, he "will recuse himself from that portion
of the review."
Turner, though, argued that's not enough. "This conflict of interest cannot simply be 'managed'
and 'disclosed,'" he wrote. He also said the accrediting association has its own conflicts of
interest, including close financial ties to both the university and to drug companies that sponsor
research. He noted it was paid to accredit the University of Minnesota's research programs three
times since 2004. "You cannot investigate yourself," he wrote.
Ttie association, however, says it will have no direct role in the panel's findings or
recommendations.
Will Durfee, an engineering professor and faculty liaison for the review, said anyone is free to
bring up concerns directly with the panel. But he said the university "does not wish to insert itself
into the process of managing conflicts ... as that would compromise the independence of the
panel."

Turner is one of two professors in the university's Center for Bioethics, along with Carl Elliott, who
have repeatedly criticized the U's handling of the Markingson case. Markingson, who had

schizophrenia, committed suicide at age 27 in May 2004 while part of a clinical trial testing
antipsychotic drugs.
The university said it was cleared of wrongdoing, but critics say it has never been adequately
investigated. The university agreed to the latest inquiry after the Faculty Senate passed a
resolution in December calling for a review of how the university recruits and protects human
subjects.
The resolution did not call for a new investigation of the Markingson case specifically.
"One of the problems with the Markingson case, and one of the reasons it won't go away, [is]
because the reviews that have been done haven't been credible," Taussig said. "My big concern is
wasting money on another investigation that may not be credible. And that's just discouraging."

Additional media coverage:


Pioneer Press

MPR

Report Highlights 3 Universities' Efforts to Help


Disadvantaged Students Succeed
Katherine Mangan

9/9/2014

First-generation and minority students borrow far more for college and are much less likely to
graduate, a problem that will worsen with demographic shifts. But three public universities have
shown how, even in an era of declining state support for higher education, colleges can reverse
those trends, according to a report being released on Tuesday by the Center for American
Progress.

All threethe University of California at Riverside, the University of North Carolina at Charlotte,
and the University of South Florida at Tampaoffer generous need-based scholarships as well as
robust support services, including summer bridge programs and learning communities that allow
freshmen to work in groups. All three have increased their percentages of enrollees with Pell
Grants and all but eliminated graduation gaps between white and black or Latino students.

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A report last year by the Education Trust found that colleges were making gradual progress in
narrowing graduation gaps between students in underrepresented minority groups and white
students. But those changes aren't happening fast enough, according to the new report.
"As both communities of color and the poverty rate continue to grow, it is economically imperative
to improve the value of college for the least-advantaged students," it says.
At public four-year colleges, students in the lowest income group, who disproportionately are
black or Latino, need to borrow nearly twice as much as do students in the highest income group
to pay for college, the report notes. Minority, first-generation, and low-income students take longer
to graduate, which adds to the cost. At public four-year colleges, 61 percent of incoming white,
first-time students earn a bachelor's degree within five years, compared with 46 percent of black
students and 49 percent of Latinos.
As a result, the report notes, "college is becoming less affordable for the population with the
greatest need for a path to the middle class."
Students at the lowest income levels are almost three times as likely to drop out, leaving them
with high debt and without the average earnings boost of $18,000 per year that bachelor's-degree
holders enjoy, the report says.
Following are a few ways the report says the three universities are bucking those trends, using a
combination of federal, state, and institutional money.

University of South Florida at Tampa


Need-based grants have been key in helping the campus double its share of Pell Grant-eligible

students while increasing graduation rates by 10 percent since 2008, according to Billie Jo
Hamilton, assistant vice president for enrollment and planning management. The Florida
Legislature requires public universities to spend at least 30 percent of their tuition dollars on
need-based aid, the report says, but the university bumped that up to 40 percent.
It also instituted a professional advising system with more advisers, required freshmen to live on
the campus, and expanded opportunities for campus jobs.

University of California at Riverside


A robust pool of need-based money was also key in helping the university support a student body
where 59 percent are eligible for Pell Grants and 60 percent are first-generation college students.
The university maintains a need-based aid pool that's several times larger than the value of the
Pell Grants students receive, according to Bill Kidder, assistant provost. That, along with Cal
Grants, provides "a robust infrastructure of support for low-income students," the report says. The
university's Pell Grant recipients graduate at the same rate as high-income students.

University of North Carolina at Charlotte


In addition to maintaining generous need-based aid programs, the university offers learning
communities by major and freshman-specific seminars. A six-week summer bridge program for
incoming freshmen, now in its 28th year, has helped increase first-to-second-year retention by 12
percent, university officials say.
For all three univereities, the most important factor is support from the top. 'While many public
universities offer robust need-based aid programs and student-support services," the report notes,
"it is strong leadership and institutional commitments to improvement that ultimately make these
three universities stand out."

Measuring What?
Scott Jaschik

9/9/2014
The New York Times kicked off its higher education conference here Monday night by releasing
what it called a "revolutionary college index" that ranks institutions that enroll students from

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low-income backgrounds.
The rankings are derived from a formula based on the proportion of undergraduates who receive

Pell Grants and the net price (what students actually pay as opposed to sticker price) paid by
those with family incomes of $30,000 to $48,000. But the T/'mes applied this formula only to
institutions with a four-year graduation rate of at least 75 percent. That's a bar that only about 100
colleges meet, and all but three of them are private institutions. (The full 7'f'mes methodology may
be found here.)

So while the leading three (Vassar College, Grinnell College and the University of North Carolina
at Chapel Hill) are all institutions that don't normally top the likes of Harvard University (ranked
sixth), they are also not institutions that serve as many low-income students as many public
institutions that don't meet the 75 percent standard. Of the 100 colleges in the T/'mes rankings, the
top percentage of Pell-eligible students is 25 - at Susquehanna University. (The full list of
colleges, in order, may be found here.)
But consider some of the public institutions that weren't ranked. For example, the University of
California at Berkeley, which just misses the four-year cutoff (71 percent), has more than 27
percent of its students on Pell Grants, a larger percentage than any that were ranked and about
twice the rates of Dartmouth College and Duke University, which made the list. (And Berkeley's

student body is much larger than that of most of the colleges in the new ranking, such that its Pell
students have typically been close in number to the combined total for the eight Ivy League
institutions.)

Baruch College of the City University of New York has a lower four-year rate (39 percent) so it too
was excluded, yet its percentage of Pell students is 46 percent - twice that ofVassar. The T/mes

also did not find any historically black colleges that met its standard, although those institutions
are strongly committed to serving low-income students. Spelman College, where 70 percent
graduate in four years, also has 46 percent of its students receiving Pell Grants; And these
colleges don't include community colleges and other open-access institutions, many of which are

majority Pell-eligible. (All the figures in this paragraph and the proceeding one for institutions not
ranked by the T/mes come from the U.S. Department of Education's College Navigator site.)
In introducing the new rankings, David Leonhardt, managing editor of The Upshot column of the
T/mes, acknowledged that there were no perfect measures and hinted that the T/mes might in the
future examine more institutions. Bernie Machen, president of the University of Florida, was on a

panel here to discuss the rankings, and he quipped that the newspaper might find many
interesting things "if you ever get down to the real world" of institutions that don't have 75 percent
four-year graduation rates.
Leonhardt said that it was important to note that among the colleges that were ranked, there was
wide variation in how they fared, and that this variation wasn't entirely related to wealth.
Susquehanna, for example, outperforms institutions for which its endowment would be a Founding
error. And the Times rankings draw attention to institutional wealth, listing endowment per student.
Vassar, for example, in coming in first, beats out 27 colleges and universities on the list with
higher endowments per student.
"It's clear that colleges have very different levels of commitment on this issue," Leonhardt said.
For example, the article he published on the new rankings takes Washington University in St.
Louis to task. "Maybe the starkest example is Washington University in St. Louis, one of the hot
colleges of recent years, having climbed to No. 14 in the US. News rankings last year," he writes.
"Only about 6 percent of the freshman class in recent years at Wash. U., as it's known, have
received Pell Grants, even though it is one of the country's 25 richest colleges on a per-student
basis."

A statement from Washington University late Monday said that the university has a higher
percentage of Pell students this fall (8 percent) than reflected in the T/mes rankings, and that the
share has been moving up, in part because of additional aid provided to low-income students. The
university is pushing to raise more money for financial aid, the statement said, with a $400 million
target for such funds in a current campaign.
Speakers here said that institutions needed to spend more on low-income students. Vassar's 23
percent Pell-eligible student body is nearly double what it was in 2008. Catharine Bond Hill,
president ofVassar, said here that if all the elite colleges received twice as many eligible
applicants from low-income families next year, she didn't think many would have the resources (or

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commitment) to admit them.


She noted that it is a distinct minority of American colleges that are need-blind. She said that "we
have known for a decade" that there are many more qualified students "out there" than are

enrolling at elite colleges. (While Hill was among those commenting Monday, Leonhardt said that
she did not know in advance how Vassar would fare.)
The reality that the institutions that serve the greatest number of Pell-eligible students weren't in
the rankings bothered some experts (who were not on the panel here).
"When your peers are doing terribly, doing better than your peers isn't the same as doing good.
The idea that Harvard is 'accessible' to poor people when such a small number pass its gauntlet
for admission to earn the nearly free net price on a campus where hidden expenses abound - it's
laughable is a sure sign of a flawed methodology," said Sara Goldrick-Rab, director of the

Wisconsin HOPE Lab and professor of educational policy studies and sociology at the University
of Wisconsin at Madison. "This is a set of metrics designed to praise the wealthy for doing a little
philanthropy - not a set of metrics aimed at helping spur colleges to become more accessible or
affordable. You only win on this metric by being rich. The New York Times has helped perpetuate
inequality. And it has added absolutely nothing to the college rankings or ratings conversation."

Paul Glastris, editor in chief of The Washington Monthly, which also ranks colleges in part on their
commitment to low-income students (and many other factors), had more praise for the effort.
"Good for them for doing this," he said, adding that "it means a lot coming from The New York
Times." But he noted that his magazine's methodology, which lacked the 75 percent four-year bar,

resulted in 9 of the top 20 being public institutions. Further, 6 of his top 11 are at or above Pell
proportions of 30 percent.
F. King Alexander, chancellor and president of Louisiana State University, has written about the
need to encourage colleges to admit large numbers of low-income students. He said that it was "a
good first step" for the Times to encourage elite institutions, but questioned the impact. Alexander

was formerly president of California State University at Long Beach, which when he left had a 60
percent graduation rate and enrolled a student body in which 40 percent were Pell eligible. That
university's 14,000 Pell students exceeded those of the Ivy League, he said.
Alexander said he would like to see ratings that only include those colleges and universities that
meet some minimum Pell level, such as 20 percent, rather than only analyzing those with the

highest graduation rates. "I think that the 75 percent grad rate kills most of any scale that could
make the new index better," he said.

The Challenges Facing the Publics


Only three public institutions - the University of North Carolina at Chapel Hill, the University of
Virginia and the College of William and Mary - made the T;mes list. In the discussion here,
however, there was more attention paid to publics, especially to flagships.

Machen of the University of Florida (another public whose 29 percent Pell-eligible students tops all
institutions rated by the T/mes) talked about how most of the money given out for financial aid at
his university is not based on need, but on various definitions of merit. He said that state
mandates give him no choice, and that he has been rebuffed by lawmakers when trying to get
more money for need-based aid.
Anthony W. Marx, president of the New York Public Library and former president ofAmheret
College, said that, as a nation, "we are busy under-funding and dismantling our public
universities."
And Leonhardt noted that UNC-Chapel Hill - which fares well in the ranking - is actually facing
criticism for being generous to low-income students. The University of North Carolina System
Board of Governors recently voted to limit to 15 percent the share of tuition revenue that
campuses may spend on financial aid. Chapel Hill is one of six campuses in the system that
currently spend more than 15 percent of tuition revenue on financial aid.
The new rankings were released at the opening of the Times's Schools for Tomorrow conference.

Inside Higher Ed is a media sponsor of the conference, meaning that it traded advertising with the
T/mes. But Inside Higher Ed played no role in the development of the rankings or any conference
content.

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Those Other Rankings


The Times rankings were released at 6 p.m. Six hours later, U.S. News & World Report released
its rankings, which did not contain surprises. There were no methodology changes in those
rankings this year. The magazine did add information about campus crime to its database about
colleges, but did not factor those statistics into its rankings.
Even before the new U.S. News figures were out, at least one college was scrambling to deal with
an error. The News-Press reported that Florida Gulf Coast University found itself unexpectedly on

top of the magazine's list of high debt colleges with an average debt for graduates of $56,208.
The real figure is $21 ,394, and the error was due to a typo by the university in submitting
information.

Jason Langworthy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
langoySoOumn.edu

^^
Connected to Microsoft Exchange

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The following articles related to higher education governance appeared in various


news outlets today:
1. MnSCU and University of Minnesota hope to extend tuition freeze (MPR News)
2. The top seven MN higher education stories of 2014 (MPR News)
3. State AG to combat poor student loan customer service (MPR News)
4. Mark Dayton takes aim at early Gophers' 11 a.m. kickoffs (Pioneer Press)
5. (VIDEO) Twins AII-Star Closer Glen Perkins Featured in Citrus Bowl Parade in

Orlando (KSTP)

MnSCU and University of Minnesota hope to extend


i tuition freeze
i Alex Friedrich

; 12/30/2014

I Lawmakers and state officials say they'll push for legislation in the upcoming legislative session to
I curb the rising costs of education even as they press campuses to provide more bang for the
! buck.

I Politicians from both parties want "to ensure access and affordability for students, put the brakes
on student debt a little bit, and meet state workforce needs," said Higher Education Commissioner
\ Larry Pogemitler.
A focus of attention will be an extension of last session's two-year tuition freeze. Both the

: University of Minnesota and the Minnesota State Colleges and Universities system are asking
I lawmakers to fund its extension for another two years.

It's the lead item in the U of M's two-year budget request, and the university has set aside $65
million of its $127 million requested Increase for it.
The freeze is practically the only specific thing Minnesota State Colleges and Universities (MnSCU)
system is asking for this session. MnSCU's request says the freeze accounts for about half of its
requested $142 million Increase.
This year MnSCU has "a very short message," said Laura King, the system's CFO.

Despite the popularity of the freeze among students over the past two years, its success Isn't
assured.

Control of the House will shift to Republicans, and the incoming chairman of the House higher
education committee. Rep. Bud Nornes, R-Fergus Falls, says he's open to a freeze.

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But Names' counterpart in the DFL-dominated Senate, Terri Bonoff, DFL-Minnetonka, sounded a
lot more critical.

"I reject the words 'tuition freeze' when people come and ask the state for money to pay for it,"
she said, "because that's not a freeze. That's just transferring the bill... Whether or not we have

money to invest heavily into [MnSCU and the University of Minnesota] will depend on the
[budget] forecast and the will of the Legislature, but I am always an advocate to invest in our
higher-ed institutions."

Todd Iverson, the U's director of government relations, said the first freeze has been very
popular, and thinks the public will support It. But he acknowledged that the Senate "will probably
be a tougher sell."

Commissioner Larry Pogemiller said he's pushing for a state grant increase so its maximum level
covers the full $13,600 in undergraduate resident tuition and fees at the University of Minnesota.
Currently the grant's maximum is about $13,000, he said.
And Pogemitter said he'd like to open up the grant to more working adults and tower- to middleincome students.

Some relief from onerous student loans might also be on the way. Bonoff said she Is working with
the Office of Higher Education on a state plan to refinance high-priced student loans so students
can get lower rates.

And on Tuesday, state Attorney General Lorl Swanson called for state regulationson how private
student loans are serviced.

Minnesota lawmakers also want to hold colleges accountable for performance in areas such as
graduation rates.

This month, the University of Minnesota announced it had made all five of the performance goals
set by the Legislature last session as part of this year's $600 million state appropriation.
Lawmakers decided in 2013 to withhold 5 percent of the U's funding for the coming year until it
met three of the five, which included raising graduating rates, producing more sclence-related
undergraduate degrees and cutting administrative costs by $15 million, or 1.2 percent.
Bonoff says she'd like to raise the goals this session, and possibly raise the percentage of funding
withheld.
Representatives from both MnSCU and the U say they're open to new goals, but would have to
see the proposal first.
The Office of Higher Education has come up with its own performance measures for colleges
including the ratio of student debt to the potential earnings of recent graduates.
Bonoff said she wants to assess how well schools do there, and may consider cutting off State
Grant money from those who don't pass the test.
Job placement also is an area Bonoff is targeting.
In March, the senator proposed setting state standards for apprenticeships in industries that
either face worker shortages now or in the future. Advisory groups have been meeting on the
topic for months, she said.

This session she wants to introduce an apprenticeship program In the fields of advanced
manufacturing and information technology that enables students to earn money and get
on-the-job training as they study.

The top seven MN higher education stories of 2014


Alex Friedrich

12/29/2014

This year didnt spare any sector of Minnesota higher education from headlines.

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Campuses in the public, for-profit and nonprofit sectors struggled with crime, labor dissatisfaction,
legal troubles or complaints over race relations.

Hero's a chronological look at how that all played out in seven of the most notable Minnesota
higher education stories from this year;
1.) U of M battles crime
After a rash of high-profile robberies on and around the University of Minnesota campus in Fall
2013, university students called for university leaders to crack down on crime.
Throughout 2014, the campus community saw a range of safety-education and security
measures, such as an increase in police staffing, improved lighting on campus, and a restriction in

the number of hours many campus buildings were open to the public.
The heightened security didn't please everybody. Some African-American students and faculty
voiced suspicion that they were being racially profiled.
Those concerned with campus safetyalso braced for the summer debut of the Green Line which
opened three stations on the Minneapolis campus in June - and the fall arrival of Vikings Sunday
football games at TCF Stadium.
Some In the community feared the line would make it easier for criminals to access campus, and
thought Vikings fans might be a bit too rowdy on Sundays.
But campus police Chief Greg Hestness says he's seen no significant problems.
This month the U reported that robberies this fall - 13, including two on campus were just half
what they were last year. They were also lower than the five-year fall average of 17.
Despite the return to a calmer campus. Vice President Pam Wheelock cautioned, "We have no

crystal ball. So we're going to just keep our level of effort and awareness up and hope that that
doesn't repeat itself."
2.) Unionization votes come to campus

A national push for the unionization of adjunct professors hit three private Minnesota colleges this
year but succeeded on only one.

Hamline University faculty voted overwhelmingly in June to bring In Service Employees


International Union, citing concerns they had over pay, benefits and working conditions. But their
Macalester counterparts had canceled their spring vote earlier that year, and in July the adjunct
faculty at the University of St. Thomas voted down unionizatlon there by a vote of 136 to 84.
The union's efforts spread in the fall to all faculty at the University of Minnesota, which saw the
appearance of a website called University of Minnesota Academics United. That effort is still
underway.

3.) Globe University sees state, federal trouble


Two years after MPR News looked at the marketing and recruiting tacticsemployed by Globe
University / Minnesota School of Business, state Attorney General Lori Swanson sued the school in
July, saying it misled students about their job prospects after graduation.
That suit, a Globe spokeswoman later said, prompted the U.S. Department of Defense's tuition-

assistance program to put the two schools on probation this year. That meant the schools could
not receive tuition benefits for new students on active duty, in the Reserves or National Guard.

The spokeswoman has rejected the claims in the suit, and said the department's decision was
"unnecessary."

The state suit Is set to go to trial Nov. 30 of next year.


4.) Mankato coach firing, investigation criticized

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In April, an arbitrator ruled that Minnesota State University - Mankato should reinstate football
coach Todd Hoffner, whom it fired in 2013.
Hoffner had faced two child pornography charges in 2012 over videos he'd recorded of his naked,
dancing children. A judge ruled they were an innocent family recordings, and dismissed the
charges.

The university later dismissed him anyway for unspecified reasons, and the arbitrator said it had
no grounds to do so.

In October, state Legislative Auditor Jim Nobles issued a report that didn't take sides on Hoffner's
dismissal, but said the state should rethink how it undertakes personnel investigations.
He wrote that an MSU-Mankato investigator held interviews in which the witnesses were not
under oath and were not recorded. He also said the investigator destroyed the notes of her
interviews after submitting her report to the university - all practices Nobles found "troubling."
5.) U of M sees reviews of drug trials
The suicide of University of Minnesota drug-trial patient Dan Markingson a decade ago has
sparked concerns by many scholars that he was exploited by university researchers running the
study.
After repeated calls from university critics including former Gov. Arne Carlson the U in June

announced in June it had hired an outside body to review its clinical research practices.
It wasnt the review of the Markingson case that many faculty had called for. U of M bioethicists
Leigh Turner and Carl Elliott, as well as other scholars, raised concerns over whether the review
would be thorough and unbiased.
Later that month, the state legislative auditor said he would investigate the U's handling of the
past 10 years of drug-trial patients - including the Marklngson case. It was a development Turner
called "very encouraging."
6.) Community voices outrage over "Redskins"

Amid a national campaign to persuade the owner of the Washington Redskins to change the
team's name. University of Minnesota President Eric Kaler came out against its use, calling the
name "offensive."

Kaler said he would work with the Vikings to prevent its use in publicity materials for the Nov. 2
game against the Vikings in TCF Bank Stadium on campus - but warned that the U did not have
authority over the NFL team.
Some American Indian advocates said that wasn't true, and claimed the U wasnt using all its
legal muscle to block the name. They said the team name violated university policy on offensive
speech. And they cited passages in the Vikings stadium lease contract they said gave the U the
power to bar the Vikings from the stadium or take the team to court to collect damages.
The university's lead attorney argued the passage on language was meant to restrict advertising
and sponsorships - not team names or logos.

The university held a series of events in October to highlight the effect of stereotypes in American
Indian mascots and logos. And several thousand protesters demonstrated in front of the stadium
before the game on Nov. 2.

Despite Kaler's stated efforts, the Vikings put no restrictions on the use of Washington's name
which U of M Vice President for Equity and Diversity Katrice Albert called "unacceptable."
7.) MnSCU overhaul falters
The signs were long in coming.

After Minnesota State Colleges and Universities (MnSCU) system Chancellor Steven Rosenstone
unveiled a proposal in 2013 to revamp how the system would do business - a plan called Charting
the Future - faculty representatives were uneasy.

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They said the proposed reforms smelled of Soviet centralization and feared the plan would put
too much power Into the hands of the central office.
In June of this year, the statewide faculty union issued a list of complaints against Rosenstone,
who they said had driven faculty morale to a new low through mismanagement and a show of
disrespect toward professors.

In October, faculty began to bolt. Winona State University started a wave that led faculty at all
seven state universities to hold votes of "no confidence" in Rosenstone's leadership.

The system's two statewide unionspulled out of the planning process. They said they didnt have
enough say in decision-maklng, and feared the plan would lead to "the McDonaldization of higher
education."

They expressed distrust in Rosenstone, citing revelations that the chancellor had quietly signed a
contract extension the previous fall - a move that was never formally disclosed to the board -

and had signed a $2 million contract with an overhaul consultant under the radar of faculty and
students as well.

They rejected Rosenstone's public offer of state mediation in November, saying it was a surprise
announcment - and a political strong-arm tactic to get them to the table on his terms.

Rosenstone has said the reform process will continue. The unions still aren't in mediation with
him, but university faculty union President Jim Grabowska said faculty representatives have been
in informal talks with several trustees about their concerns.

State AG to combat poor student loan customer


service
Alex Friedrich

12/30/2014

Minnesota Attorney General Lori Swanson has drafted legislation that would combat poor
customer service around student loans.

Swanson said students and their parents often can't get straight answers from banks and
toan-servicing companies about the terms of their borrowing.

'They try to call the servicing companies and get basic information like: What do I owe? What's
the interest? How do I consolidate my loans? If I don't have a job afterward, what kind of
payment plans do I have to avoid dinging my credit?" Swanson said. "And they can't even get
basic answers like a copy of their contract."

Tom Kosel, legislative chairman of the Minnesota Career College Association, says he personally
finds it fair.
"As long as our goal is to provide students with the information they need, it's good policy, and
it's good procedure."

Swanson's office has drafted legislation that would require student loan companies to provide
such information clearly and in a timely manner.
The law would not affect national banks or federally guaranteed student loans. Swanson said
she's talking with lawmakers who are interested in sponsoring the bill this session.

Mark Dayton takes aim at early Gophers' 11 a.m.

kickoffs
David Montgomery

12/30/2014

His final campaign behind him, Gov. Mark Dayton plans a battle next year over a minor but very
personal Issue: the start time for University of Minnesota football games.

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'They talk about the concern about attendance at the Gopher games - they start them at 11
o'clock in the morning," Dayton said Tuesday in an Interview with the Pioneer Press. "I'm going to

propose that we pass a law that no (Division I FBS) football game in Minnesota can start before
noon."

Dayton said 11 a.m. kickoffs - as the Gophers had for home games this year against
Northwestern, Purdue, Iowa and Ohio State - are just too early.
"If you want to tailgate, you have to be there by 9 a.m.," Dayton said. "Most students I don't
think are awake at 9 a.m."

The culprit for the start times is the national TV schedule, a big revenue source for football
programs like Minnesota's. Dayton blamed TV for the flexible start times, which allows networks
to pick and choose matchups based on the teams' recent performances.

"(When) I grew up and went to Gopher games, they started at 1 or 1:30 ... and you knew that for
the whole season, so you blocked out those days," Dayton said. "Now, it's about, 'What time does

TV want to put us on?' It's alt driven by television and the dollars involved there."
Chris Werle, an associate athletic director for the University of Minnesota, declined to comment
Tuesday, saying the university wanted to team more about the proposal.
A message to the NCAA was not immediately returned.
Dayton said his major focus this session will be the budget, transportation funding and education
- not football start times. But he said he has long had a passion to take on the issue.
"I've wanted to do this for 10 years," he said. "I got talked out of it every year I was a (U.S.)
senator, then I got talked out of it when I was having to face re-election eventually."

Dayton acknowledged that his proposal might go down in flames, but said he would at least"get
the discussion going."

And if people like his idea, Dayton said, he would think about taking it national.
"I'll see if the Big Ten state governors get interested," he said.

Stephanie Austin
Board Associate, Communications & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct; 612-624-0842
saustinOumn.edu

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!i TO: ALL REGENTS


I The following articles related to higher education governance appeared in various
|! news outlets today:
1. During deficit. SCSU looks for ways to grow (St. Cloud Times)
Ij 2. Penn State, other universities, pushed to drop fossil fuel investments (Centre

Daily Times)
jj 3. State Senate asked to delay picking U of M regents (MPR)
j; 4. U's athletics project start date could be delayed (Star Tribune)
5. Sid Hartman: Kaler says no concerns over fundraisina for Gophers facilities

^ Manage Folders...

11 project (StarTribune)
i; 6. VIDEO - At Issue (KSTP) - President Kaler's segment starts at 10:00 into the
jl program.
I 7. VIDEO - Almanac (TPT) - President Kaler's segment starts at 11:15 into the
ij program.

jl During deficit, SCSU looks for ways to grow


I j Kari Petrie

i 2/9/2015

I; Included at the request of a Regent.


ij New post-recession realities means St. Cloud State University has to rethink how it
ii operates. Declining enrollment, empty buildings and budget deficits have the
|j university looking for ways to strengthen and grow in the future. Tlie university
jj hopes that through innovation it will better serve changing student demands and put
; itself in a healthier financial situation.
11

i{ "We have not gone back to the world before the recession. We're in a new world," St.

ij Cloud State President Earl H. Potter III said.


i[

j| More students are part time rather than full time. What students expect from
n on-campus housing has changed, forcing the closure of two residence halls. And the
[j state has reduced how much It contributes to higher education.
II Enrollment declines, so follows state allocation
1| Ttie university is facing a $9.5 million general fund deficit for fiscal year 2015, which
!! is about 5 percent of the $200 million budget.

2/28/2015 3:06 AM

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Plans are in place to deal with that shortfall. Non-salary budgets have been cut by 5
percent, and a soft hiring freeze is in place, meaning each position is reviewed to see
if it's essential before it is filled.
Those changes account for $4 million in savings. The remaining gap, about $5.5
million, will comefrom reserves. But Potter said the university continues to look at
changes to make for it's long-term financial health. It is conducting a program and
service review that looks to put resources where the demand is. Potter said.
There are several reasons the university is facing shortfalls. Declining enrollment
means less tuition and fees are coming in. This school year saw a 5.1 percent

decrease from the previous year. But while the number of futl-year equivalent
students has declined, the actual number of students has not dropped in the same
way. From 2011 to 2014, the number of FYE students droppedl7.3 percent compared
with a 10.9 percent decline in actual students.
That means there are more part-time students now, St. Cloud State's Vice President

for Finance and Administration Tammy McGee said.


And enrollment is tied to the university's state allocation. So the fewer the students,
the less money that comes from the state.
St. Cloud State is part of the Minnesota State Colleges and Universities System, which
is requesting $142 million at the Legislature this year. If it's granted, the system has
promised a tuition freeze.

Potter said the university is waiting to see what the Legislature decides.
Then there are the costs the university doesnt have much control over. For example,
last winter's extreme cold means the university went $700,000 over budget to heat
buildings compared with the previous winter.
Employee impacts
Staff and faculty also have a role to play. Compensation and benefits make up 70
percent of the university's general fund expenses. As enrollment has gone down, the

number of employees hasn't adjusted accordingly. The number of full-time equivalent


employees went down 8.8 percent from 2009 to 2014.During that time, fullyear
equivalent students went down 15 percent.
Potter said the university might look at encouraging early retirements.
But St. Cloud State Faculty Association President Roland Specht-Jarvls said the
university is too top heavy with administrators and needs more employees in the
classroom. And that impacts enrollment.

"If students don't feel like they get personal attention, if they don't sense that, they
won't come," he said.
As the process moves forward to review university services and see where resources

would be best spent, Specht-Jarvis said he hopes it remains transparent.


"I anticipate well be working together on this, "he said. Potter said administration
continues to work to engage faculty, staff and students in the process. Campus
meetings will be held where attendees can ask questions. Specht-Jarvis said the
decisions being made over the next year are not just important to the university's
health; they also determine access to affordable higher education.

2/28/2015 3:06 AM

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Empty dorms, classrooms


The university's footprint is also being examined because Potter said there is more
space than what is needed and buildings may need to be taken down. A study is
underway that is taking a look at each university facility. Recommendations are
expected in the summer and wilt guide the university on whether to take down a
building and better utilize the space. St. Cloud State has the highest level of facilities
square footage in the MnSCU system, with more than 3.5 million owned or leased
space, according to McGee.

At dormitories Steams and Holes halls, utilities remain on for safety reasons but no
one is using the buildings. Holes Hall was built in 1965 and Steams Hall was built
thefollowlng year.Potter said several buildings have reached the end of their planned
lives. Renovating them and bringing them up to code is cost prohibitive.
It also signals a change in what students want. Family incomes have stayed the same
while costs have gone up. That means more students are choosing to live at home
while attending college. Potter said.
And those who want to live on or near campus are looking for arrangements that
offer more amenities than the traditional dormitories.
Classroom space also is being reviewed. A classroom utilization report shows that of
the 175 traditional lecturestyle classrooms, 62 percent are used during a 32hour
week. On average 50 to 55 percent of the seatsare occupied. While there is a cost to
removing a building. Potter said in the long run it helps the university's financial
situation because they no longer have to paythe operating costs. During the next five
years. Potter said the only major construction planned Is Eastman Hall renovations.
The university is asking the Legislature for $18.5 million in bonding money to turn the
former physical education building into a healthservices center.
For comparison, this article on UMD was included in news clips last week: UMD to trim $6 million
over the next two years

Penn State, other universities, pushed to drop fossil


fuel investments
Lori Falce

2/5/2015

Included at the request of a Regent.


In a world with global warming, finite fuel sources and a renewed focus on clean
sources of energy, one hot spot of protest on college campuses is becoming a push
to clean up university money.
At Penn State, the driving force is Fossil Free PSU, a year-old campus organization
that wants to see the university divest itself of any fossil fuel-related investments.
It's a movement that is gaining ground elsewhere.
In recent weeks, the University of Maine and Chalmers University of Technology in
Sweden have announced divestment plans. In Massachusetts, the Harvard Climate
Justice Coalition is suing the university to push for immediate divestment.
That's the kind of thing that can make a major institution nervous. The Chalmers
divestment was just $5 million.

2/28/2015 3:06 AM

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According to Penn State spokesman Reidar Jensen, the university's "long-term


investment pool" holdings as of Dec. 31 stood at $3.4 billion, with $2.3 billion in
endowed funds and $1.1 billion in nonendowed, all in a complicated web.
"Investments are made in accordance with Penn State's endowment spending and

investment policies, as adopted by the board of frustees," Jensen wrote in an email.


"The policy directs that LTIP funds 'should be invested primarily by independent
investment managers selected by the (Penn State) Investment Council.' So, in
accordance with policy, the funds are invested by outside professional money
managers who are selected and closely monitored by the Office of Investment
Management, with direct oversight by the Penn State Investment Council and the
board of trustees. Investments are placed by third-party money managers into
diversified, mutual-style funds composed of thousands of distinct holdings. Penn
State is one of many institutional investors in such funds and the university does not
have the independent ability to dictate what individual assets are purchased or sold
by fund managers."

But Fossil Free PSU says it isn't asking the university to turn its policy on a dime.
Spokesman Nathan Larkin said that is part of the misunderstanding of the movement.
Instead, the group is asking for a start by freezing new investments In fossil fuels,
and then asking Penn State to take five years to divest of other coal, gas, oil and
related investments.

Larkin says they have hope because President Erie Barron, who comes from an earth
and mineral sciences background, has not shown opposition.

"He has worked with NASA and NOAA. He understands the risk of climate change and
the rate at which climate change is accelerating," he said.
But a university policy complicates things: "The (Penn State) Investment Council shall
be guided solely by fiduciary principles. TTie council shall consider only financial
criteria in formulating investment policies or in proxy voting unless specifically
directed to do otherwise in a definitive manner by the board of trustees."
Larkin has an answer for that, too.
"It's not only a moral obligation. It's a financial one," he said, adding that a "growing

body of research" suggests that investing in more green companies is showing at


least comparable returns, if not higher ones.

It's a difficult balance for the university, which juggles the responsibility to students,
faculty, alumni, donors and the state to do the most it can with its money. At the
same time, the school is at the forefront of science dealing with climate change,
shown in research and awards, like gladologist Richard Alley, who shares in the Nobel
Peace Prize for his work on the topic.
"Like other large, complex research institutions, we are constantly striving to find a
responsible balance between our environmental stewardship obligations and our
equally clear need to invest our financial resources according to recognized fiduciary
principles. The administration wilt continue to work with the board of trustees to
assure that this responsible balance of social and financial obligations is maintained,"
Jensen said.

Meanwhile, Fossil Free PSU continues to push for greener money at Penn State,
garnering support from other campus organizations, such as Eco-Action, the Penn

State College Democrats and the Community Environment and Development Club.

2/28/2015 3:06 AM

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Eventually, they hope to bring enough support together to get the endorsement of
the University Park Undergraduate Association.
"That will certainly grab the attention of the board of trustees," Larkin said.

State Senate asked to delay picking U of M regents


Alex Friedrich

2/6/2015

A leading state lawmaker has asked Senate leadership to postpone selection of


University of Minnesota regents until next month's state review of the university's
drug-trial program.

Senate Higher Education Committee chair Terri Bonoff confirmed Friday she has
asked Majority Leader Tom Bakk to delay the process in light of a letter from former
Gov. Arne Carlson that was critical of the university.
In his letter, delivered Thursday, Carison expressed concern over the university's
handling of patients in clinical drug research trials, as well as regents' oversight.
Carlson said the program has a history of deaths, injuries and conflicts of interest. He
described the selection of the 11-member Board of Regents as "little more than a
political beauty contest."
A key concern in the letter is the 2004 suicide of drug trial participant Dan
Markingson.

"There's enough in [the letter] that is so damning on the entire process surrounding
the Markingson case," Bonoff said.

Bonoff, DFL-Minnetonka, said next month's legislative audit would help lawmakers
evaluate regents better.

"I just think It's important so that we have the most information possible. I don't
want a cloud over this process," Bonoff said.

To delay the regents' selection, the Minnesota Legislature would have to pass a
resolution to do so. Bakk could not be reached for comment. U of M officials had no
comment.

Ten candidates are vying for five positions on the 11-member board.

U's athletics project start date could be delayed


Joe Christensen

2/7/2015

The University of Minnesota's chief financial officer said Friday that the school has a
"big hill to climb" with fundraising if it's going to begin construction of its proposed
$150 million athletics facilities project by October.
The Gophers took more steps up that hill Friday, when they announced a $6 million
gift toward the project from retired telecommunications executive Robert Eddy. The
gift brings the total raised to $65 million, said Chris Werle, senior associate athletic

of

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director.

University CFO Richard Pfutzenreuter said that, as with any project, the school must
raise 80 percent of the money in this case $120 million before construction can
begin. The other 20 percent can be financed and paid off through continued
fundraising, he explained.
A university document released Friday states a complete financing plan must be
ready for approval at the June 11-12 Board of Regents meeting in order to begin
construction in October.

That gives athletic director Norwood Teague four months to raise another $55 million
to make that timetable happen, a fundraising pace that would need to be nearly twice
as fast as what it has been.
"It's a big hill to climb," Pfutzenreuter said. "Norwood wants to equivocate on putting
the pressure on donors to contribute, but that date will have to slide if there's no
overall financing plan to move the project forward.
"The Board of Regents won't approve it, and it doesn't get past the president [Eric
Kaler] or I without 100 percent of it figured out."
Gophers football coach Jerry Kill repeatedly has said he wants ground broken on a
new football facility by summer's end. Big Ten Network analyst Gerry DiNardo and
CBS Sports Network's Tom Lemming are among those who have said the 30-year-otd
practice facilities are among the worst in the Big Ten and hinder Kill in recruiting.
The university originally unveiled plans for a $190 million "Athletes Village" in July
2013 with upgrades for football, men's and women's basketball and several other
sports. Last month, the school began soliciting construction bids for a $150 million
portion of the project that fast-tracks the football and basketball facilities along with a
"Center for Excellence" a nutrition and academics building to be funded by a $25
million donation from Land O'Lakes. Constmction bids are due Monday.
On Friday, the university released its agenda for next week's regents meeting, and
the accompanying docket lays out Teague's expected presentation Thursday for the
Facilities and Operations Committee.
The regents are expected to approve the use of $15 million, from the money already
raised, for construction design.

"When you begin a large fundraising project like this, one thing you need to try to do
Is keep the momentum going," said regent Clyde Alien, who chairs the Facilities and
Operations Committee. "We've had some good early gifts, and I think ifs important
to show that we can move forward, and we're confident we can get the rest."

Werle said the department spent about a year laying the groundwork for the project
and didn't begin officially asking prospecUve donors for money until July. Using that
timetable, Teague has raised $65 million in seven months and needs to nearly double
that total over the next four months to start construction in October.
"Our goal is still to get this thing done sooner rather than later," Werie said. "I
understand that there are certain timelines in these [university] documents. We're
not looking at deadlines. We're looking at a long-term plan. We're faying to get
construction started as soon as we can."

The university still intends to fundraise the entire $190 million project, similar to

2/28/2015 3:06 AM

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several other major athletics facilities projects underway around the country and Big
Ten. But the immediate goal now is $120 million.
"Ideally they would have 100 percent before you put a shovel in the ground,"
Pfutzenreuter said. "But the minimum is 80 percent that's a policy. Norwood knows

it, and every dean and every faculty member knows it.
"I think this one's going to be certainly a pretty big challenge, but I think if they can
get there [to the 80 percent mark], we can figure out the rest."

Sid Hartman: Kaler says no concerns over fundraising

for Gophers facilities project


Sid Hartman

2/9/2015

University of Minnesota President Eric Kaler said Sunday that the $150 million athletic
fundraising project to improve facilities and build new football and basketball practice
facilities is going fine, and there is no concern that the school will be unable to
complete the project. He also said that anyone complaining about a lack of
fundraislng on the project needs to look at things differently.
"It is by no means in jeopardy, whatsoever," Kaler said. "I think you need to put a
little perspective on this. We have raised about $70 million in less than a year. Most
places I know would be jumping up and down with a great story, instead we get
rumors that we're slowing down and we're not committed. We are 100 percent

committed to this project. Our donors have been wonderful in stepping up and theyll
continue to do that. I have complete confidence in [athletic director] Norwood
Teague and his team, which includes me, that we'll raise the money and get this
building built."
Kaler said that while the project is being financed entirely by private donations, there
is still the possibility that the athletic department could get a loan from the university
to have 80 percent of the cost of the project raised to start construction on time.
"Well ultimately raise it all privately or with already-allocated money," he said. "If we
need to bridge a loan to get going more quickly we'd be willing to look at that, but at
the end of the day there won't be tuition dollars or new state money in this."
Kaler added that a loan still would be counted toward the necessary 80 percent of
total money raised on the project in order to go forward with construction.
"We have a very prudent budget process, we clearly are not going to start building
anything we don't think we can pay for today," he said. "TTie rule of thumb we have
is we want to understand where 80 percent of funding for a project is before we
break ground. Well be willing to not know where the last 20 percent is going to come
from as we move forward in the fundraising. But part of that 80 percent can be a
bridge loan or a structure against future revenues in the athletic program. The need
to be concrete and prudent while we move forward while at the same time being
sensitive to the fact that we want to move as quickly as possible."
While the fundraislng needs to have that 80 percent matched by the June 11-12
Board of Regents meeting in order for construction to begin in October, Kaler believes
that the work already done in getting the $70 million in donations in a year should be
praised.

2/28/2015 3:06 AM

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"I think if you raise $70 million in a year it's a pretty good pace," he said.
Facilities needed
With Gophers football coach Jerry Kill saying the team needs a new practice facility in
order to compete in recruiting, Kaler was asked if there is any chance of the football
practice facilities getting built ahead of schedule, if fundraising isn't ready for the
entire project.
"Well we're going to get them as soon as we can," Kaler said. "I think he's right.

People can talk about the arms race in college athletics however they want to, but it
is real. I've said since I've got here that if we're going to be in the Big Ten, we're

going to compete in the Big Ten. The facilities are an important part of that for both
or women and our men athletes, all 750 of our athletes wilt benefit from this
program."

Other issues abound


Kaler was asked for his opinion on the rumors that the Big Five college conferences
the Big Ten, Big 12, ACC, SEC and Pac-12 could break away from the NCAA.
"The so-called Big Five conferences have agreed to some autonomy totally within the
NCAA framework/ but we're not moving way from the NCAA," he said. "Those five

conferences, including the Big Ten, have some additional autonomy around football
practices, and it lets us compete with each other a little bit more effectively. I think
that's a positive step forward."

The NCAA recently allocated a semester stipend to student-athletes to allow them to


get more money for meals and for travel home. Kaler said he thinks that is a fair
model.

"The athlete pay I am totally in favor of is the student-athlete model that we have
now," Kaler said. "Student-athletes get an enormous amount of benefit from their

time at the university, not the least of which for the great majority of them is a very
valuable college degree. They're going to go pro in something besides the sports
they're playing, and they're going to be enormously prepared for that with the
University of Minnesota degree.
"We have moved to pay for the full cost of attendance, which is an increase in the
stipend that lets them have some additional living expenses and some additional
traveling expenses to go back home. I think that's an appropriate recognition of the
time commitment that student-athletes put in. I'm not in favor of going to the sort of
semipro model that some people talk about. I think when you start to look at those
numbers it becomes a fraught process."

Monitoring U's teams


With the Gophers men's basketball team and men's hockey team struggling in Big
Ten play, Kaler was asked his opinion of the state of the athletic department.
"I'm optimistic about where we are," he said. "Everybody is comfortable with our

football program and excited about the direction we're going. I think we have the two
best young basketball coaches in the country [in Richard Pitino and Marlene
Stollings], both of those programs are poised for great success going forward.
"I'm very pleased with our Olympic sports, wrestling right now is in a little bit of a
stumble of a couple matches, but an incredibly strong program, look for them to be

of

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competitive in the national title. The women's hockey team got a split this weekend,
and I expect them to be in the title hunt, as well."
Asked if there is any pressure on men's hockey coach Don Lucia, Kaler said: "This is
the answer I give every time someone asks me a question about a coach: We
evaluate all of our coaches at the end of the season and make decisions that we view
are in the best Interest of the program. The win-loss record is part of that, but it's not
the whole story. That's an evaluation of coaches that athletic director Norwood
Teague will be doing at the end of each season."
The members of the Gophers athletic department can consider themselves lucky to
have Kaler on board. The university president wants a winning athletic program, and
as long as the coaches run an honest program, they will get as much support from
their president as any group of coaches at any school in the country.

Jason Langworthy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
laneo78o(5)umn.edu

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[31 Schedules
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Lj UMM

Sent: Wednesday, February 11, 2015 10:53 AM


To: Richard Beeson [rbeeson@umn.edu]; Dean Johnson [djohns@umn.edu]

Cc: Erie Kaler [ekaler@umn.edu]; Amy Phenix [pheni001@umn.edu]; Brian Steeves


[stee0168@umn.edu]

TO: ALL REGENTS


i! The following articles related to higher education governance appeared in various
Ij news outlets today:
i| 1. Lawmakers winnow list of candidates for University of Minnesota aovernina

board (Star Tribune)


2. Former Minnesota Governor Wants University to Upgrade Trial Oversight fThe

Oj long-save (19)

11 Wall Street Journal)

Qj short-save

ij 3. Kaler talks budget, climate (Minnesota Daily)


ji 4. Cuts may get tough, admins say (Minnesota Daily)

^ Manage Folders...

|i 5. Crookston City Council visits UMC - Getting to know you...better (Crookston

j I Times)
ji 6. The New Bachelor's Payoff (Inside Higher ED)

j Lawmakers winnow list of candidates for University


I of Minnesota governing board
! Kia Farhang

I 2/10/2015
i Lawmakers narrowed down Tuesday the field of candidates for the University of
; Minnesota's governing board but couldn't agree in two of the five contests.
Members of the House and Senate higher education committees planned to
recommend five candidates for the 12-member Board of Regents which sets tuition
and policy at the state's flagship college to the joint Legislature, which will likely
make final choices later this month. They did that for three out five open seats,
choosing two newcomers and an incumbent.

But a lack of consensus led to separate recommendations for the seats representing
the state's 1st and 3rd Congressional Districts.
That included a nod for Patricia Simmons/ a regent finishing her second six-year
term. Regents don't typically serve longer than that, but Simmons noted there's no
law barring the practice. The recently retired Mayo Clinic doctor said she only
considered running after another female doctor connected to the hospital system
dropped out.
Simmons said she doesn't think legislators will worry about her tenure when they
make their final decisions.

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"It didn't seem to be an issue tonight," she said.


Most of the support for Simmons came from Senate Democrats. Their party will have
a 101-to-lOO edge in votes when the Legislature meets to choose regents. House
members, most of them Republicans, recommended Worthington businessman Randy
Simonson to represent the 1st District.
The vote split down party lines again in the race to replace 3rd District representative
David Larson, who died last fall. Senate higher education committee members chose
Hennepin County Medical Center medical director Michael Belzer; the House picked
public relations professional Paula Prahl. Whoever wins that seat will serve the
remaining two years of Larson's term.

Winnowing down the list of candidates for other seats was easier. Michael Hsu,
president of a golf reservation company, and longtime funeral home director Tom
Anderson won nods.

Legislators also endorsed board chair Rick Beeson for a second term. He said he'll
focus on affordabillty, diversity and the school's medical program and academic
health center if he remains.
Most candidates said they would prioritize reducing tuition at the university if chosen
to serve. Many also said the university needs to find more ways to make money from
its research.

Tuesday's recommendations aren't binding, and legislators can add candidates to the
mix when they make their final votes.
Additional media coverage:
MPR
Pioneer Press

PostBultetin
Minnesota Daily

Former Minnesota Governor Wants University to

Upgrade Trial Oversight


Ed Silverman

2/10/2015

In a closely watched move, a former Minnesota governor has Joined a pair of


bioethidsts in an effort to persuade the Minnesota state legislature to bolster
oversight of clinical research at the University of Minnesota.
Arne Carlson has asked the legislature to delay selection of a new Board of Regents
until an auditor's report about university research practices is submitted later this
month. A portion of the report is expected to include details surrounding the 2004
death of a participant in a university-run trial of an AstraZeneca drug.
"Pharmaceutical companies and universities need to pay attention to the integrity of
the research being conducted because the consumer relies on the product," says
Carlson, who argues that university officials, including the existing Board of Regents,
have failed to sufficiently Investigate the circumstances surrounding the 2004 trial.
By delaying selection, Carlson hopes a new board will more aggressively oversee

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research practices, including informed consent and conflicts of interest, which were
cited as concerns stemming from the 2004 trial. These issues prompted dozens of
academics in 2013 to write the university Senate to conduct a new investigation.
"Drug companies have been paying for the testing of experimental drugs and
researchers have been financially rewarded for enrolling participants and
administering drugs according to accepted medical protocols," Carlson and the
bioethlcists write in a letter to the legislature. "...Most disturbing is the deliberate
refusal of the Board of Regents to publicly review or hold hearings on what they knew
was clearly a troubled area."

The development is only the latest installment in a long-running drama that has
helped cast a wider spotlight on university oversight of clinical research that is
conducted on behalf of the pharmaceutical industry. Carlson and other university
critics say the handling of that particular trial, which led to lawsuits and probes,
underscores a need to be more vigilant about protecting participants.
In their letter, Carlson and the University of Minnesota bioethidsts - Leigh Turner and
Carl Elliott - ask the lawmakers to create a "special citizen's commission" to review

clinical trial research, specifically for psychiatric drugs. Terri Bonoff, who chairs the
Senate Higher Education Committee, tells us that, in response, she has asked the
Senate Majority leader to delay the Board of Regents selection.
The study that triggered the controversy had examined the effectiveness of three
different antipsychotic pills and was funded by AstraZeneca. But the trial later
generated questions about mismanagement and conflicts of interest after, Dan
Markingson, a 26-year-old participant committed suicide. Since then, the bioethicists
and other academics raised questions about the extent to which his participation may
have contributed to his suicide.
The ensuing years produced a lawsuit by his mother and various probes - some
undertaken by the university as well as others, including the FDA - but these did not
find any instances of wrongdoing, which the university has repeatedly noted.
In a note, a university spokesman writes us that the university has a "responsibility
and an obligation to look for answers to some of the most difficult health questions,
including issues related to mental health. As the Dan Marklngson case so tragically
illustrates, mental illness can be devastating and we need to find better treatments to
try to prevent similar tragedies in the future.
"However, while the case of Dan Markingson was definitely a tragedy, it was not a
scandal. Over the last 10 years, this case has been thoroughly investigated by
multiple independent entities," including the FDA. The university, he continues, "Is
committed to upholding the highest standards when conducting research involving
human subjects. We are constantly evaluating our processes and procedures to be
sure we are a leader in this area."

More recently, the university hired the Association for the Accreditation of Human
Research Protection Programs, a non-profit that accredits research programs at

various organizations, to review its procedures for running clinical trials. But the
review will not examine past practices, which the legislative auditor is expected to
include in the report to be filed later this month.

Kaler talks budget, climate

2/11/2015

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The Minnesota Daily sat down with University of Minnesota President Eric Kaler on
Friday, more than a week after Gov, Mark Dayton proposed to fund only one-quarter
of what the school requested for its next budget cycle.
Kaler discussed the University's budget request, a campus climate report and a piece
of land the University is acquiring for a total of $26 million.
In Dayton's budget proposal, he included half of the requested funding for
the tuition freeze. How does the University plan to fund the other half of
the tuition freeze included in Dayton's proposal?
The game's not over yet, We still have a legislative session to move through, and
well be articulating to the House and Senate the benefits of supporting the tuition
freeze. I think it is politically popular, so ifs too early to know what the final budget
will look like....

We're very grateful for the governor getting us halfway there, but we will need to find
additional funding because I really do not want to raise tuition. But if that becomes
necessary, then that will become necessary.

The governor's budget request included about one-fourth of what the


University originally requested. Will you be working with the governor and
legislators to communicate to them why they should increase the amount?
That's pretty much my everyday job. When the session is in, we spend a lot of time
there.... pTie University has] great programs that will be very impartful for...
Minnesota. We are a terrific return on the state's investment, and we think we have
more to offer.

While the governor didn't fund initiatives like "healthy Minnesota," "vibrant
communities" and the facility condition improvement strategy in his
budget, he did propose $30 million in state funding for the Medical School.
How does that make you feel?
We're excited about that, and again, we're grateful to the governor for his willingness
to do that. That followed, of course, a Blue Ribbon Commission that generated some
recommendations for moving the Medical School up in rankings....

We're pleased with that, and of course, it overlaps some of the requests that were in
the "healthy Minnesota" piece. So well realign that [request] so that we're not double
dipping.
Some lawmakers have said that they would like to see performance
measures used for funding again next year. What do you think of that?
I think there's a fine line between the legislative direction and the autonomy the
University has that dates back to its founding.... I do think it's important that the
state invests in institutions that are graduating their students at a reasonable rate.
The ability or idea that a state invests in an institution that doesn't produce graduates
is a hard thing to understand.
Last month, the campus climate report was released. It was put together
by a campus work group that looked at ways to make the campus
welcoming to all. How will the University follow through on those
recommendations?

Well take action on them. There's 16 of them. We parsed out who's responsible for

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moving on each one of those. Some of them will require some budget realignment
and support... so well do that. We had a good first step pTiursday] in a climate
workshop that hundreds of people attended.
Is there a timeline for getting these recommendations in place?
Some of them will take longer than others, particularly when you look at faculty
hiring. That's a multi-year process. We can identify where the openings are, put
together search committees and advertisements and interviews. Unfortunately, it's a
subject we can't change instantly, but we're going to work on it hard.
To continue to reduce its $12 million budget deficit from last year, the
University of Minnesota-Duluth announced that it plans to further reduce
the shortfall by $6 million over the next two years. What role does the
University of Minnesota system play in helping UMD?
We try to provide as much help as we can, both in terms of expertise around budget
analysis and planning and putting central dollars into Duluth, which we did last year.
[We] will continue to look for opportunities to help.
[Duluth is] an important part of the University of Minnesota system. I want them to
be successful, and an Important part of that is getting them back in budget balance,
and we're trying to help them do that.
Are there any specific plans to shift funding to UMD?
We're in the process of those budget negations right now, so we don't have a
particular plan for any of the collegiate units now, but those will develop as the
semester moves forward.

The University recently purchased a block of property thafs part of a $26


million plan, but it has been said that there are no definitive plans for the
land. What's the rationale behind purchasing the land when there aren't
any definitive plans?
We purchase land strategically. Thafs a block that's located next to the Ambulatory
Care Center. It's a piece of property that doesn't come on the market very often, so
when it came on the market we thought it [was] important for long-term land use to
buy that.
Valentine's Day is coming up. Do you and Mrs. [Karen] Kaler have any plans
set aside?
We have been married 35 years. That provides the opportunity for 35 Valentine's Day
activities. I do have a little surprise for her, but I'm not going to let her find out in the
Daily what it is.

Cuts may get tough, admins say


Hatey Hansen

2/11/2015

Cuts in administrative spending may take a heavy toll on employees in upcoming


years.

As part of the University of Minnesota's plan to cut spending across the board,
administrative departments are restructuring and eliminating positions. And while

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those units have endured the changes so far, school officials say future cuts may be
harder to manage.

In 2013, President Eric Kaler announced a plan to reduce administrative spending by


$90 million over six years. Last year, the school had cut nearly $19 million, and ifs on
track to cut another $20 million in 2015.
Sixty-elght percent of the cuts for both years were personnel-related, and that trend
isnt likely to change in the next few years.
University Vice President and Chief Financial Officer Richard Pfutzenreuter said many
departments spend about 90 percent of their budgets on personnel salaries.
Many of the first cuts came from attrition, retirement and shifting around
responsibilities, he said, but eventually that won't be the case.
"You won't be able to nibble around the edges," Pfutzenreuter said. "I think as it gets
harder, you're going to have to focus on the things that people don't like to do,and
that's eliminate programs."

The president and administrators, as well as deans and faculty members within
respective colleges, will have the responsibility of selecting which areas are affected,
he said.

College of Biological Sciences Finance Director Andrea Backes said most of the
college's cuts to this point have come from attrition.
"Essentially, every time that someone leaves a position, we try to re-evaluate and see

if we can have any administrative savings by hiring at a lower level or not replacing
the position or hiring different kinds of positions," she said.
CBS eliminated a director position and two administrative support positions last year.
Backes said while the school-wide trims allowed CBS to operate more efficiently,
future cuts will likely be more difficult to make.
"We're definitely thinking it's going to be much harder," she said.
Cutting positions often means more work for other employees, Backes said.
For many employees, their jobs, which were already being stretched because of
reoccurrlng budget cuts, have taken on even more responsibilities recenUy, she said.

While there's always a risk of employees burning out, she said, many have been
willing to take on more duties.
"They all know what the situation is with the University, and they're wilting to chip in
where they can," Backes said.

Kaler said he's received mostly positive feedback on the cutbacks while
acknowledging that changes to employees' jobs are never easy.
"People understand the need for the organization to trim costs, but each one of those
personnel decisions, of course, is dramatic for the individual involved/' he said, "and
we're trying to do it in as careful and compassionate way as we can."

Backes said CBS is already having conversations about which areas may face cuts in

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the coming years, but the college hasn't finalized any decisions yet.
"We're getting together, and we're having these kinds of conversations about, 'What
can we do better with less?"' Backes said.

Like CBS, Associate Vice President of Facilities Management Mike Berthelsen said a
good share of his department's personnel-related cuts have been through attrition.
He said the department has consolidated leadership programs and reduced its
number of directors. The department has also restructured building-cleanlng services
to save money.

Not all of the department's cuts have been in response to Kaler's plan, Berthelsen
added, noting that the department has been seeking ways to save for the past
several years.

Ultimately, he said any sort of reduction has an effect on employees.


"Our goal is to always do what we can to minimize that impact," Berthelsen said.
Meanwhile, the University is looking at ways to be more efficient with its finances
system-wide, CFO Pfutzenreuter said.
"Every year, we cut budgets and reallocate. It hasn't stopped. It isn't going to stop,"
he said. "We're a bigger organization than we were 10 years ago ... and our budget
has grown, and people have taken on more work... I dont consider us at all bloated
or fat."

Crookston City Council visits UMC - Getting to know


you...better
Mike Christopherson

2/10/2015

The agendas of both the Crookston City Council and council's Ways & Means
Committee meetings Monday night were pretty light compared to typical meetings,
but there was still much important work done, as the council. Mayor Gary WJllhite and
various city department heads spent the evening on the U of M Crookston campus
taking a tour and eating supper, all the while talking about ways the city and
university could collaborate more than they do now.
Willhite has been the director of residential life and security services at UMC for many
years, so it wasn't entirely surprising that soon after he was sworn in as mayor last

month, he reached out to UMC Chancellor Fred Wood to see if the council could not
just hold a meeting on campus, but make an entire evening out of it.
That evening took place Monday with a campus tour that began at 5 p.m., followed
by dinner in the Sargeant Student Center Bede Ballroom - attended by Wood as well
as various student, faculty and staff leaders - and then the council and committee
meetings, at which council members and department heads met the members of the
Golden Eagle men's and women's basketball teams.

Enveloping the entire evening was the spirit of increasing partnerships, collaborations
and initiatives between the university and the community, and moving beyond just
talking about it by undertaking real actions. During dinner, everyone around the large
table had a chance to talk about ways they think UMC and the city could become

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more of a part of each other.

"The UMC Bookstore is great; I'd like to see a campus bookstore branch downtown,
where we definitely have the storefront space," At Large Council Member Wayne
Metbye said. In an example of the types of specific opportunities for city/campus
partnerships that were mentioned.
But it may have been the campus tour itself that was the highlight of the evening.
7tie city council members and department heads were obviously already aware on a
basic level of the academic offerings and facilities on campus, but Monday they saw
some things that appeared to have a significant wow factor.
In the campus' newest student residence hall. Heritage Hall, they saw what Wood
said is the finest student residence facility in the entire U of M system. Minutes later,
UMC student Mariam Maiga showed them 3-D imagery In the Immersive Science and
Engineering Experlential (I-SEE) lab, and a little ways down the hall on the second
floor of Dowelt Hall, Software Engineering Lecturer Raed Seetan showed them
actual, digital 3-D images of a brain afflicted with a tumor in the Undergraduate
Collaborative Learning and Experiential Applied Research (U-CLEAR) lab. Wood told
the group that the lab is used by not only Software Engineering students, who design
some of the learning sofh/vare, but also Biology students. When state legislators got a
look at the lab when UMC was pitching its Wellness Center, Wood said some were
amazed that the lab wasn't for graduate-level programs.
And in an example that's fairly unique to the U of M Crookston, a couple minutes later, the city
officials found themselves In the University Teaching and Outreach Center arena, where an
Equine Studies horsemanship class was taking place.
"It was just a fantastic evening," Wood said as dinner wrapped up. "I think a tot of good is going
to come from it."

The New Bachelor's Payoff


Paul Fain

2/11/2015
Doubts about the labor-market returns of bachelor's degrees, while never serious,
can be put to rest.

Last month's federal jobs report showed a rock-bottom unemployment rate of 2.8
percent for workers who hold at least a four-year degree. The overall unemployment
rate is 5.7 percent.

But even that welcome economic news comes with wrinkles. A prominent financial
analyst last week signaled an alarm that employers soon may face a shortage of
job-seeklng college graduates. And the employment report was a reminder of
continuing worries about "upcredentialing" by employers, who are imposing new
degree requirements on Jobs.
"Presumably, these educated workers are the most productive in our information

economy," wrote Guy LeBas, a financial analyst with Janney Montgomery Scott, in a
report Bloomberg Business and other media outlets cited. "At some point In the
coming year, we're going to risk running out of new, productive people to employ."

Anthony P. Carnevale concurred with LeBas. As director of the Georgetown University


Center on Education and the Workforce and a top expert on the labor-market returns
of degrees, Carnevale has long railed against dubious arguments about the payoff
from college being overrated.

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"We're headed for full employment" of bachetor's-degree-holding workers, he said.

It's a challenge decades in the making. Carhevale cites research that has found
colleges lagging badly in producing talent. Since 1983, the job market has outpaced
higher education with a cumulative total of 11 million positions for workers with
"usable knowledge," which he defines as "degrees with tabor-market value."

These days, demand for positions in the knowledge economy grows by 3 percent
each year, Carnevate said, while higher education meets only 1 percent of that
growth.

That's where employers step in. Carnevale's center last week released a report that
broke down the $1.1 trillion colleges, government agencies and employers spend
each year on higher education and job training in the United States. Employers chip
in the most, the report found, spending $590 billion annually to train workers.
Of that amount, $413 billion paid for informal, on-the-job training. Colleges spent
$407 billion on formal training, while employers spent $177 billion. However, the
academy's rate of spending has outpaced that of employers, increasing by 82 percent
since 1994 compared to 26 percent.
The report, dubbed "College Is Just the Beginning," also found that four-year-coltege
graduates receive the most of the formal, employer-sponsored job training.
Bachelor's degree holders account for 58 percent of employers' annual spending on
formal training.
That fact, while somewhat counterintuitive, is because four-year-college graduates

tend to get jobs that are specialized, complex and change over time, Carnevale said,
particularly in STEM fields.
"Wherever the earnings are the strongest, thafs where the training occurs," he said.
"The more educated the workforce, the more training in the job."

Workers with an associate degree or some college credit but no degree received 25
percent of formal employer training. Those with a high school credential or less
received 17 percent.

'Credential Creep'
TTie report's findings strongly suggest that a bachelor's degree often is required as a
starting point for a job that requires more training - and one that pays well. So
dropping out to go work for a tech company isn't a safe bet for most students.
"Formal employer-provlded training typically complements, rather than substitutes
for, a traditional college education," the report said.

The new federal jobs report in some ways bolsters the findings from a study released
last fall by Burning Glass Technologies, a Boston-based employment firm that
analyzes job advertisements. That research found that employers are more likely to
replace workers who do not have bachelor's degrees with those who do.
One reason for this, according to Burning Glass, is that many "middle skills" jobs are
becoming more technological and complex. Architectural drafters, for example, these
days are expected to be "junior engineers," the report found.

But employers also appear to be screening applicants by requiring bachelor's degrees

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for positions that do not require nor are likely to require the kind of training one
would get from a B.A. or B.S., according to the report, citing certain human resources

and clerical jobs as examples.


This sort of credential creep is alarming to some economists, such as Richard Vedder,
who directs the Center for College Affordability and Productivity and teaches
economics at Ohio University. Vedder has written that an oversuppty of bachelor's
degrees creates its own demand.

Wage Gains
The virtually nonexistent unemployment rate for bachelor's holders poses a test to
higher education, Carnevale said, beyond just trying to keep up with employer
demand.
That's because the "wage premium" for workers with a four-year degree relative to

those who hold only a high-school credential, while large, has stagnated in recent
years. As employers run out of graduates to hire, however, the wage premium should

climb again. That outcome would be further proof of the value of a four-year degree.
Full-time workers with a bachelor's degree or more who are between the ages of 25
and 32 have median annual earnings of $45,500, according to a report the Pew
Research Center released last year. Two-year-degree holders or those with some

college credits and no degree earn $30,000 while high school graduates earn
$28,000.
Another study, which the Federal Reserve Bank of San Francisco released last year,
tracked the fluctuating earnings premium for a four-year degree.

The premium was at its lowest in 1980, when bachelor's degree holders earned 43
percent more, on average, than workers with Just a high school credential. In 2011,
however, it was 61 percent, or $20,050 per year.

Carnevale predicted that gap would widen because of the high demand for bachelor's
degree holders. But it will take about two years for those effects to show, he said.
LeBas agreed that earnings gains of highly educated employees will outpace others.
"Wage pressures among skilled workers will almost certainly rise further in the
coming year," he wrote.

Jason Langworthy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
laneo78o(S)umn.edu

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[atlenl90+caf_=allen=cord.edu@umn.edu] on behalf of Jason


Sent: Friday, February 06, 2015 10:52 AM
To: Richard Beeson [rbeeson@umn.edu]; Dean Johnson [djohns@umn.edu]

Cc: Eric Kaler [ekaler@umn.edu]; Amy Phenix [pheni001@umn.edu]; Brian Steeves


[stee0168@umn.edu]

TO: ALL REGENTS


The following articles related to higher education governance appeared in various
news outlets today:
1. Letter to lawmakers Griticizes regents' oversight (MPR)

2. Hotel moves as U buys a block (Minnesota Daily)


3. U. of Wisconsin Officials Settle In fora Long Lawmaking Session (The Chronicle of
Higher Education)
4. A Real Incentive or PR? (Inside Higher ED)

Manage Folders...

I Letter to lawmakers criticizes regents' oversight


- Alex Friedrich

i 2/5/2015

I Last May, I posted about a letter that former Gov. Arne Carlson sent to University of
I Minnesota regents expressing his concern over the university's handling of the case of
j Dan Markingson, a drug-trial patient.

I Markingson committed suicide about a decade ago while in the study, and critics
I believe he was exploited by university researchers.
; Today, University of Minnesota bioethicist Cari EJIiott one of the harshest critics of
I the university's handling of the case forwarded to me a letter he says was written
[ by Carlson, and which he and fellow U of M bioethidst Leigh Turner signed. It was to
1 be distributed today to legislators, Elliott said.
i A staff member for Sen. Chris Eaton (DFL - Brooklyn Center) said he was familiar
with the letter, and that Carlson spoke with Eaton about it.
The letter criticizes the role played by the administration and the Board of Regents,
saying they have not been the watchdog they should be in problematic drug-trial
cases that may involve suicides, injuries and conflicts of interest, among other things:
"Most disturbing is the deliberate refusal of the Board of Regents to publicly review or
hold hearings on what they knew was clearly a troubled area."
The letter asks the Legislature to review annually the board's performance in meeting
goals and challenges, and asks for a "special citizens commission" to review research

of psychiatric drugs, as well as the oversight process and the performance of the

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board and other management.

The letter says the commission could help legislators in "setting up a more
professional process for the selection of Regents. Defined and proven leadership
talents must replace the current system which is little more than a political beauty
contest."

I have a call or email in requesting comment from both Carlson and Board of Regents
Chairman Richard Beeson.
The university and its critics have clashed repeatedly over whether the U has
adequately investigated the Markingson case.
The university's response:

The University of Minnesota has a responsibility and an obligation to look for answers
to some of the most difficult health questions, including Issues related to mental
health. As the Dan Marklngson case so tragically illustrates, mental Illness can be
devastating, and we need to find better treatments to try to prevent similar tragedies
in the future.

However, while the case of Dan Markingson was definitely a tragedy, it was not a
scandal. Over the last ten years, this case has been thoroughly investigated by
multiple Independent entities including:
7776 Food and Drug Administration (FDA)
The Hennepln County Fourth District Court
The Office of the Ombudsman for Mental Health and Mental Retardation
The State of Minnesota Board of Social Work
7776 Minnesota Board of Medical Practice
Contrary to what the letter states, all of these reports are available to the
public. None of these investigations found evidence of misconduct by the
University of Minnesota.

The University of Minnesota is committed to upholding the highest standards when


conducting research involving human subjects. We are constantly evaluating our
processes and procedures to be sure we are a leader in this area. In fact, at the

recommendation of our Faculty Senate, we are currently undergoing an independent


review of all of our human subject research practices to be sure we are meeting the
highest standards. That review is expected to be Issued in eaHy March.
The University Is uniquely positioned to do the groundbreaking research that Is
needed to find these new treatments. Clinical research involving human subjects
plays a critical role in our mission to Improve the lives of millions In Minnesota and
beyond.

Hotel moves as U buys a block


Barry Lytton

2/5/2015

The University of Minnesota marked an entire block in Stadium Village as "future


University ownership" on its master plan in spring 2009.
The institution just began acquiring that land by purchasing three of 14 land parcels
for $6.6 million on Jan. 29. By September, Itll own the entire 2.29-acre block for a
total of $26 million.

2/28/2015 3:23 AM

News Clips - February 6, 2015 - Outlook Web App, light version https://maill.cord.edu/owa/?ae=Item&t=IPM.Note&id=RgAAAAB68..

CPM Companies had planned to build an extended-stay hotel on the land. Now, it will
move the project across the street, displacing a decades-old chow mein bakery.
According to the University's 2009 campus master plan, the block was slated to be
under the school's ownership by 2019.
Board of Regents Chair Richard Beeson said the master plan helped guide the
decision to purchase the block, but the acquisition itself was because of a real estate
opportunity.
"Cleared land and land assembly is really tough to accomplish in an urban setting,"
Beeson said. "When those opportunities come up, our view is that we want staff to
try to secure those in the University's interest."

Though Beeson said the University can't definitively say what will be built on the
newly acquired block, he said it's possible that the University will turn part of the land
into a medical facility.
Monique MacKenzie, director of planning for the University's Space and Architecture
Capital Planning and Project Management office, said there are no immediate projects
planned for the land.
Daniel Oberpriller, president and owner of CPM, approached the University to sell the
land in November, despite his investment In building the new hotel on it.
"We ordered the steel; we ordered the concrete pre-cast planks. We were about to

start construction," he said. "Thafs why the purchase price on that property was so
high."

Oberpriller said CPM had to get the property rezoned from an institutional zone to a
commercial one so it could build the hotel.
"We knew that the block was designated In their master plan," he said, "but they
didn't put up a fight, so we did proceed and get entitlements for the development."
When Oberpriller first informed the University of his development, the school's
director of real estate. Sue Weinberg, said it expressed concern over the planned
hotel.

"We told them, 'Well gee, the University really anticipated that we would be acquiring
that property at some future time and developing [it]/" Weinberg said.
By the time CPM offered to sell the hotel's original location in November, the
company had made purchase agreements on the 11 other parcels and was ready to
sell the entire block.
The Board of Regents approved a deal in December to buy the land from CPM in two
installments $6.6 million for the three parcels where the hotel would have been,
and $19.2 million for the other 11.
The deal stipulated that CPM would demolish all structures on the block before the
University bought it. Oberpriller said his company wilt clear the rest of the block when
current teases end on or before Sept. 1.

Across Erie Street Southeast from the newly acquired block, the University Is building
the M Health Clinics and Surgery Center, which Welnberg said is the project

2/28/2015 3:23 AM

News Clips - February 6, 2015 - Outlook Web App, light version https://maill.cord.edu/owa/?ae=Item&t=IPM.Note&id=RgAAAAB68.

previously called the Ambulatory Care Center.


CPM now plans to build its extended-stay hotel across the street from the original
planned location. However, Oberpriller said it will be a different size and shape
because of the new land's dimensions.

Currently, that space is occupied by the Everfresh Food Corporation.


Everfresh's vice president George Edgar said the business a chow mein noodle
producer with nearly 25 percent of the U.S. market share has been there for over
50 years.
"At some point, something works out for alt the parties," he said.

Everfresh Food plans to move, Edgar said, but he declined to say where or how much
his land sold for.
Oberpriller said CPM will begin construction of the new hotel in June with an opening
date stated for a year from then.

U. of Wisconsin Officials Settle In for a Long


Lawmaking Session
Eric Kelderman

2/6/2015
Gov. Scott Walker of Wisconsin was able to kill collective-bargaining rights for state
workers, but he can't kill the Wisconsin Idea, the mission statement of the University
of Wisconsin. Not yet, at least.

A storm of controversy erupted on Wednesday, when it was discovered that the


governor's budget proposal would excise the ideals of "knowledge," "truth," and
"public service" from the mission statement, which is ensconced in state law.

By Thursday, the governor, a Republican and possible 2016 presidential candidate,


had backed away from that change, offering a variety of reasons for what he
originally called a "drafting error."
University leaders had been quick to defend the system's broad mission and were
equally quick to let the governor's misstep be forgiven and forgotten. But there are
bigger questions ahead and months of uncertainty as they negotiate with state
lawmakers to enact sweeping regulatory freedoms in exchange for as much as
$300-million in budget cuts in the two-year budget.
'There's no way you could absorb this," Rebecca M. Blank, chancellor of the system's

flagship in Madison, said during an interview.


"There will be an extended conversation with the Legislature," she said. "It's an
opportunity for us to make our voices heard."

New Plans
The proposed deal is not entirely a surprise to system officials, who have been
negotiating in private with the governor and his staff for some weeks, according to
reports based on emails obtained by news organizations.

2/28/2015 3:23 AM

News Clips - February 6,2015 - Outlook Web App, light version https://maill .cord.edu/owa/?ae=Item&t=IPM.Note&id=RgAAAAB68.

Instead of operating under the rules that govern most state agencies, the university
system would receive its money as a block grant and be cut free from many of the
regulations that cover employee compensation and benefits, purchasing, and
planning and building campus fadlities.
The proposal would also give system officials more control over how they use money
for financial aid and the ability to alter a tuition-reciprocity agreement with
neighboring Minnesota.
The ability to set higher tuition for nonresidents could be a significant boon for the
flagship, Ms. Blank told the system's Board of Regents during a meeting on Thursday,
because the campus charges the fourth-lowest amount of the public flagships in its
athletic conference and could command a much higher price.
The full cost of the governor's plan, however, will take several more weeks to
understand, system officials said. In addition to reducing the system's appropriations
by $300-million over two years, the proposed budget would freeze tuition during that
period.

A number of other cuts would also affect the university, such as eliminating some
$3-million for a bio-energy institute and pushing the costs of municipal services, such
as fire departments and water use, from the state to the campuses, Ms. Blank said.
At the regents' meeting on Thursday, the system's president, Raymond W. Cross,

warned that there was much that administrators did not yet know. "A note of caution:
As we share our notion of this proposal, please know that this may change daily," Mr.
Cross said.

Legislators Take Over


Governor Walker's plan now heads to the State Legislature, where a Joint Finance
Committee, with members from both the Senate and the Assembly, will seek a way to
fill an estimated $2-billion budget deficit. The committee's work will then have to be
approved by both chambers before it can head to the governor's desk.
State Rep. David Murphy, a Republican who is chairman of the Assembly's Committee
on Colleges and Universities, said that he was seeking to soften the blow of the
potential budget cuts for the university, but that he believes the Increased autonomy
will help the system become more efficient.
"It takes a certain vision to see where this takes the university," he said in a phone
interview on Thursday. "If you only see the budget cuts, you're not going to like it."
State Sen. Sheila Harsdorf, a Republican and a member of the Joint Finance
Committee, as well as chairwoman of the Senate Committee on Universities and
Technical Colleges, said that legislators had to look at various needs of the state, but
that she also hoped they could "minimize the reduction" to the university's budget.
Senator Harsdorf said that she had spoken often with university leaders and that she
supported the overall goats of the governor's plan. "TTie reforms are something that
I'm looking forward to learning more about, the long-term implications," she said.

The senator also said that, despite the governor's growing national profile, legislators
would take their time to listen to their constituents, including the university system, in
finalizing the budget.
'The governor has introduced his budget bill," she said. "Now this is an opportunity

2/28/2015 3:23 AM

News Clips - February 6, 2015 - Outlook Web App, light version https://maill.cord.edu/owa/?ae=Item&t=IPM.Note&id=RgAAAAB68..

to learn about the details and hear from the people."

A Real Incentive or PR?


Jake New

2/6/2015

The University of California Board of Regents shelved a new policy last month that
would have allowed the system to deny athletic directors and coaches incentive
bonuses unless players met the minimum academic requirements already set by the
National Collegiate Athletic Association.
Even as the N.C.A.A. and colleges face mounting pressure to improve academic

integrity in college athletics, tying coaches' athletic bonuses to academic progress is


nearly unheard of. If the UC System had been successful in adopting the policy, it
would have been just the second system to do so.
"Some members of the board felt that the requirements were not stringent enough,"
said Dianne Klein, a DC spokeswoman. "Others felt that they were fine Just where
they were. I think everybody agrees that trying to maintain high academic standards
is the way to go, so it's just a matter of what that level should be. Should it align with
the N.C.A.A. or should it raise the bar a little?"

UC's now-tabled policy, which had already been approved by UC President Janet
Napolitano, was created by a committee formed last year after the University of
California at Berkeley grew concerned about low graduation rates among some of its
teams. In 2012, the university's football players ranked dead last in its conference for
Graduation Success Rates. The university graduated Just 44 percent of football
players who enrolled between 2003 and 2007. The revelation was an embarrassment
for the university, and as a result, the football team's new coach is the only UC coach
whose athletic incentives are already tied to academics.
The policy would have required all teams to meet a minimum Academic Progress Rate
in order for coaches and athletics directors to receive athletic bonuses. The Academic
Progress Rate is a metric used by the N.C.A.A. to determine the eligibility and
retention rates of college athletes. With an A.P.R. of 1,000, a team is graduating - or
on track to graduate - all of its players. The N.C.A.A. requires an average A.P.R. of

930, which means a team is graduating about half of its players, in order for a team
to remain eligible.
The proposed policy would have used that same minimum score - a number Gavin
Newsom, California's lieutenant governor and a member of the Board of Regents,
said was too low. All but one UC team already met the required A.P.R. It was
Newsom who led the successful effort to have the Board of Regents shelve the plan,
Klein said a new version of the policy could resurface as early as March.
"UC's 'reform' does almost nothing, under the illusion that it does something,"
Newsom tweeted.

When, in October, the University System of Maryland became the first system of
colleges to adopt such a policy, there was little opposition from its Board of Regents.
The measure was unanimously approved. Some coaches within the system, however,

balked, saying that it was unfair to coaches of teams like football and basketball, in
which some players consider college athletics to be an audition for professional
sports.

"I think it's asking a lot," Maryland women's basketball coach Brenda Frese told The

2/28/2015 3:23 AM

News Clips - February 6,2015 - Outlook Web App, light version https://maill .cord.edu/owa/?ae=Item&t=IPM.Note&id=RgAAAAB68.

Baltimore Sun. "I think if a student-athlete doesn't want to get the grades or go to
class, a coach can't get them there." Those comments were echoed at the UC Board

of Regents meeting last week, with one board member saying, "A college degree is
not the goal of every athlete who comes to the university."
Richard Southall, director of the College Sports Research Institute, said it's not
surprising for coaches to dislike such a policy even when the requirements are so
minimal. A professor wants a good student, he said. A coach primarily wants a good
player.

"Coaches want motivated athletes," Southatl said. "TTiey don't want to say to an
athlete, 'You should really focus on your studies more.' That's not how we motivate
athletes. We motivate them by saying, 'Keep working hard and get in the weight
room.' There's this inherent logical contradiction with this policy where a coach is
telling an athlete one thing, but being rewarded for another."
Tying athletic bonuses to academic progress does have its share of other supporters,
Including Arne Duncan, the U.S. secretary of education. In 2011, Duncan suggested

that teams that don't meet the minimum A.P.R. should be banned from playing in
tournaments or bowl games, effectively cutting out any potential coaching bonuses
for championship appearances. Later that year, the N.C.A.A. Division I Board of

Directors voted to do just that.


In 2013, Duncan and Tom McMiHen, a former congressman and basketball player,
cowrote an opinion piece for USA Today urging colleges to "financially punish
coaches" who are not graduating half of their team's athletes.
"Poor academic performance means the team or the individual player - not the coach
- gets punished," they wrote. "But no coach should receive financial bonuses when

much of his team is flunking out or failing to get a degree."


While tying academic progress to athletic bonuses is rare, offering separate bonuses
for academic performance is a common practice among college sports contracts. The
benchmarks, however, can be similarly low.

Jim Harbaugh's contract with the University of Michigan offers the new head football
coach up to $150,000 a year for achieving an A.P.R. of 960 or higher. The average
A.P.R. for Football Bowl Subdivision programs - institutions that Michigan would not
often consider academic peers - was 956, according to the most recent data from

2013.
When he was a coach at Stanford University, Harbaugh's teams mostly hovered in the
970s range, but so did Michigan's team under previous coach Brady Hoke. Harbaugh,
a coach known in the past for his emphasis on academics, stands to receive a
substantial bonus if he manages to at least maintain the A.P.R. set by Hoke. The
contract even gives him 15 points of wiggle room - the A.P.R, of Hoke's 2013 team
was 975.

Last year, the University of Louisville's head football coach, Bobby Petrino, received
$500,000 as an academic bonus for surpassing its A.P.R. threshold. The university set
the desired figure at 935, just five points over what the N.C.A.A. requires to remain
eligible.
Gerald Gurney, president of the Drake Group, a faculty organization concerned about
the academic integrity of college athletics, said rather than receive bonuses for
meeting academic requirements, coaches and athletic directors should be fired for not
meeting them.

2/28/2015 3:23 AM

News Clips - February 6, 2015 - Outlook Web App, light version https://maill.cord.edu/owa/?ae=Item&t=IPM.Note&id=RgAAAAB68...

"Academic incentives look good, but this should be a responsibility, not an incentive,"
Gurney said. "Colleges hire these celebrity coaches and then look for excuses to
boost their salaries. And tying athletic bonuses to academics is really just more of the
same,"

Gene Smith, athletics director at Ohio State University, said as contracts will likely
always contain incentive bonuses of some kind, it makes sense to at least focus the
bonuses on academic achievements.

Last March, Smith received a widely criticized $18,000 bonus after an Ohio State
wrestler won an N.C.A.A. championship. If it's problematic to profit so heavily off the
work of a team of unpaid college athletes, critics said, it's even more so to profit off a
single unpaid athlete in an individual sport like wresUlng.
TTie practice is not uncommon, but in an interview this week. Smith admitted "it just
didn't feel right."
The university announced last week that it had drawn up a new contract for the
athletics director, replacing many of the athletic bonuses with academic ones. Gone
are bonuses for national and conference championships in all but football and
basketball, and In their place are chances to earn bonuses for the cumulative
grade-point average of all teams and, starting in 2016, for the percentage of athletes
who are employed after graduation in positions that require a degree.
"It really fits better with what we're all about," Smith said. "There's always going to
be incentives, so why not have them focus on the most important piece: helping kids
get their degrees and finding a career path? That's the number-one objective."
Smith will receive a $55,000 bonus for a cumulative G.P.A. between 3.0 and 3.29;
$75,000 for a G.P.A. between 3.3 and 3.49; and $90,000 for 3.5 or greater. Ttie

athletic bonuses for football and basketball that remain are still lucrative, however.
For football, he will receive $25,000 for a Big Ten championship; $35,000 for a bowl
appearance; $35,000 for a national semifinal appearance; and $50,000 for making it
to the finals.
Southall said, for all its good intentions, linking bonuses to graduation rates and
G.P.A.s and A.P.R. scores is "just a great deal of kabuki theater" that generates good

PR and accomplishes little.


"I think it sort of speaks to the fact that athletics and the academy are not related at
all," he said. "The A. P. R. may measure graduation rates, but it doesn't really measure
what's going on in a classroom or what a student is learning. You're trying to make

that connection with these types of bonuses or restrictions. I think it's very dangerous
to artificially connect athletics and academics this way."

Jason Langworthy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
lane078oumn.edu
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Sent: Friday, February 06, 2015 10:52 AM
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Cc: Eric Kaler [ekaler@umn.edu]; Amy Phenix [pheni001@umn.edu]; Brian Steeves


[stee0168@umn.edu]

TO: ALL REGENTS


The following articles related to higher education governance appeared in various
news outlets today:
1. Letter to lawmakers Griticizes regents' oversight (MPR)

2. Hotel moves as U buys a block (Minnesota Daily)


3. U. of Wisconsin Officials Settle In fora Long Lawmaking Session (The Chronicle of
Higher Education)
4. A Real Incentive or PR? (Inside Higher ED)

Manage Folders...

I Letter to lawmakers criticizes regents' oversight


- Alex Friedrich

i 2/5/2015

I Last May, I posted about a letter that former Gov. Arne Carlson sent to University of
I Minnesota regents expressing his concern over the university's handling of the case of
j Dan Markingson, a drug-trial patient.

I Markingson committed suicide about a decade ago while in the study, and critics
I believe he was exploited by university researchers.
; Today, University of Minnesota bioethicist Cari EJIiott one of the harshest critics of
I the university's handling of the case forwarded to me a letter he says was written
[ by Carlson, and which he and fellow U of M bioethidst Leigh Turner signed. It was to
1 be distributed today to legislators, Elliott said.
i A staff member for Sen. Chris Eaton (DFL - Brooklyn Center) said he was familiar
with the letter, and that Carlson spoke with Eaton about it.
The letter criticizes the role played by the administration and the Board of Regents,
saying they have not been the watchdog they should be in problematic drug-trial
cases that may involve suicides, injuries and conflicts of interest, among other things:
"Most disturbing is the deliberate refusal of the Board of Regents to publicly review or
hold hearings on what they knew was clearly a troubled area."
The letter asks the Legislature to review annually the board's performance in meeting
goals and challenges, and asks for a "special citizens commission" to review research

of psychiatric drugs, as well as the oversight process and the performance of the

of 8

2/28/2015 3:23 AM

News Clips - February 6, 2015 - Outlook Web App, light version https://maill.cord.edu/owa/?ae=Item&t=IPM.Note&id=RgAAAAB68.,

board and other management.

The letter says the commission could help legislators in "setting up a more
professional process for the selection of Regents. Defined and proven leadership
talents must replace the current system which is little more than a political beauty
contest."

I have a call or email in requesting comment from both Carlson and Board of Regents
Chairman Richard Beeson.
The university and its critics have clashed repeatedly over whether the U has
adequately investigated the Markingson case.
The university's response:

The University of Minnesota has a responsibility and an obligation to look for answers
to some of the most difficult health questions, including Issues related to mental
health. As the Dan Marklngson case so tragically illustrates, mental Illness can be
devastating, and we need to find better treatments to try to prevent similar tragedies
in the future.

However, while the case of Dan Markingson was definitely a tragedy, it was not a
scandal. Over the last ten years, this case has been thoroughly investigated by
multiple Independent entities including:
7776 Food and Drug Administration (FDA)
The Hennepln County Fourth District Court
The Office of the Ombudsman for Mental Health and Mental Retardation
The State of Minnesota Board of Social Work
7776 Minnesota Board of Medical Practice
Contrary to what the letter states, all of these reports are available to the
public. None of these investigations found evidence of misconduct by the
University of Minnesota.

The University of Minnesota is committed to upholding the highest standards when


conducting research involving human subjects. We are constantly evaluating our
processes and procedures to be sure we are a leader in this area. In fact, at the

recommendation of our Faculty Senate, we are currently undergoing an independent


review of all of our human subject research practices to be sure we are meeting the
highest standards. That review is expected to be Issued in eaHy March.
The University Is uniquely positioned to do the groundbreaking research that Is
needed to find these new treatments. Clinical research involving human subjects
plays a critical role in our mission to Improve the lives of millions In Minnesota and
beyond.

Hotel moves as U buys a block


Barry Lytton

2/5/2015

The University of Minnesota marked an entire block in Stadium Village as "future


University ownership" on its master plan in spring 2009.
The institution just began acquiring that land by purchasing three of 14 land parcels
for $6.6 million on Jan. 29. By September, Itll own the entire 2.29-acre block for a
total of $26 million.

2/28/2015 3:23 AM

News Clips - February 6, 2015 - Outlook Web App, light version https://maill.cord.edu/owa/?ae=Item&t=IPM.Note&id=RgAAAAB68..

CPM Companies had planned to build an extended-stay hotel on the land. Now, it will
move the project across the street, displacing a decades-old chow mein bakery.
According to the University's 2009 campus master plan, the block was slated to be
under the school's ownership by 2019.
Board of Regents Chair Richard Beeson said the master plan helped guide the
decision to purchase the block, but the acquisition itself was because of a real estate
opportunity.
"Cleared land and land assembly is really tough to accomplish in an urban setting,"
Beeson said. "When those opportunities come up, our view is that we want staff to
try to secure those in the University's interest."

Though Beeson said the University can't definitively say what will be built on the
newly acquired block, he said it's possible that the University will turn part of the land
into a medical facility.
Monique MacKenzie, director of planning for the University's Space and Architecture
Capital Planning and Project Management office, said there are no immediate projects
planned for the land.
Daniel Oberpriller, president and owner of CPM, approached the University to sell the
land in November, despite his investment In building the new hotel on it.
"We ordered the steel; we ordered the concrete pre-cast planks. We were about to

start construction," he said. "Thafs why the purchase price on that property was so
high."

Oberpriller said CPM had to get the property rezoned from an institutional zone to a
commercial one so it could build the hotel.
"We knew that the block was designated In their master plan," he said, "but they
didn't put up a fight, so we did proceed and get entitlements for the development."
When Oberpriller first informed the University of his development, the school's
director of real estate. Sue Weinberg, said it expressed concern over the planned
hotel.

"We told them, 'Well gee, the University really anticipated that we would be acquiring
that property at some future time and developing [it]/" Weinberg said.
By the time CPM offered to sell the hotel's original location in November, the
company had made purchase agreements on the 11 other parcels and was ready to
sell the entire block.
The Board of Regents approved a deal in December to buy the land from CPM in two
installments $6.6 million for the three parcels where the hotel would have been,
and $19.2 million for the other 11.
The deal stipulated that CPM would demolish all structures on the block before the
University bought it. Oberpriller said his company wilt clear the rest of the block when
current teases end on or before Sept. 1.

Across Erie Street Southeast from the newly acquired block, the University Is building
the M Health Clinics and Surgery Center, which Welnberg said is the project

2/28/2015 3:23 AM

News Clips - February 6, 2015 - Outlook Web App, light version https://maill.cord.edu/owa/?ae=Item&t=IPM.Note&id=RgAAAAB68.

previously called the Ambulatory Care Center.


CPM now plans to build its extended-stay hotel across the street from the original
planned location. However, Oberpriller said it will be a different size and shape
because of the new land's dimensions.

Currently, that space is occupied by the Everfresh Food Corporation.


Everfresh's vice president George Edgar said the business a chow mein noodle
producer with nearly 25 percent of the U.S. market share has been there for over
50 years.
"At some point, something works out for alt the parties," he said.

Everfresh Food plans to move, Edgar said, but he declined to say where or how much
his land sold for.
Oberpriller said CPM will begin construction of the new hotel in June with an opening
date stated for a year from then.

U. of Wisconsin Officials Settle In for a Long


Lawmaking Session
Eric Kelderman

2/6/2015
Gov. Scott Walker of Wisconsin was able to kill collective-bargaining rights for state
workers, but he can't kill the Wisconsin Idea, the mission statement of the University
of Wisconsin. Not yet, at least.

A storm of controversy erupted on Wednesday, when it was discovered that the


governor's budget proposal would excise the ideals of "knowledge," "truth," and
"public service" from the mission statement, which is ensconced in state law.

By Thursday, the governor, a Republican and possible 2016 presidential candidate,


had backed away from that change, offering a variety of reasons for what he
originally called a "drafting error."
University leaders had been quick to defend the system's broad mission and were
equally quick to let the governor's misstep be forgiven and forgotten. But there are
bigger questions ahead and months of uncertainty as they negotiate with state
lawmakers to enact sweeping regulatory freedoms in exchange for as much as
$300-million in budget cuts in the two-year budget.
'There's no way you could absorb this," Rebecca M. Blank, chancellor of the system's

flagship in Madison, said during an interview.


"There will be an extended conversation with the Legislature," she said. "It's an
opportunity for us to make our voices heard."

New Plans
The proposed deal is not entirely a surprise to system officials, who have been
negotiating in private with the governor and his staff for some weeks, according to
reports based on emails obtained by news organizations.

2/28/2015 3:23 AM

News Clips - February 6,2015 - Outlook Web App, light version https://maill .cord.edu/owa/?ae=Item&t=IPM.Note&id=RgAAAAB68.

Instead of operating under the rules that govern most state agencies, the university
system would receive its money as a block grant and be cut free from many of the
regulations that cover employee compensation and benefits, purchasing, and
planning and building campus fadlities.
The proposal would also give system officials more control over how they use money
for financial aid and the ability to alter a tuition-reciprocity agreement with
neighboring Minnesota.
The ability to set higher tuition for nonresidents could be a significant boon for the
flagship, Ms. Blank told the system's Board of Regents during a meeting on Thursday,
because the campus charges the fourth-lowest amount of the public flagships in its
athletic conference and could command a much higher price.
The full cost of the governor's plan, however, will take several more weeks to
understand, system officials said. In addition to reducing the system's appropriations
by $300-million over two years, the proposed budget would freeze tuition during that
period.

A number of other cuts would also affect the university, such as eliminating some
$3-million for a bio-energy institute and pushing the costs of municipal services, such
as fire departments and water use, from the state to the campuses, Ms. Blank said.
At the regents' meeting on Thursday, the system's president, Raymond W. Cross,

warned that there was much that administrators did not yet know. "A note of caution:
As we share our notion of this proposal, please know that this may change daily," Mr.
Cross said.

Legislators Take Over


Governor Walker's plan now heads to the State Legislature, where a Joint Finance
Committee, with members from both the Senate and the Assembly, will seek a way to
fill an estimated $2-billion budget deficit. The committee's work will then have to be
approved by both chambers before it can head to the governor's desk.
State Rep. David Murphy, a Republican who is chairman of the Assembly's Committee
on Colleges and Universities, said that he was seeking to soften the blow of the
potential budget cuts for the university, but that he believes the Increased autonomy
will help the system become more efficient.
"It takes a certain vision to see where this takes the university," he said in a phone
interview on Thursday. "If you only see the budget cuts, you're not going to like it."
State Sen. Sheila Harsdorf, a Republican and a member of the Joint Finance
Committee, as well as chairwoman of the Senate Committee on Universities and
Technical Colleges, said that legislators had to look at various needs of the state, but
that she also hoped they could "minimize the reduction" to the university's budget.
Senator Harsdorf said that she had spoken often with university leaders and that she
supported the overall goats of the governor's plan. "TTie reforms are something that
I'm looking forward to learning more about, the long-term implications," she said.

The senator also said that, despite the governor's growing national profile, legislators
would take their time to listen to their constituents, including the university system, in
finalizing the budget.
'The governor has introduced his budget bill," she said. "Now this is an opportunity

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to learn about the details and hear from the people."

A Real Incentive or PR?


Jake New

2/6/2015

The University of California Board of Regents shelved a new policy last month that
would have allowed the system to deny athletic directors and coaches incentive
bonuses unless players met the minimum academic requirements already set by the
National Collegiate Athletic Association.
Even as the N.C.A.A. and colleges face mounting pressure to improve academic

integrity in college athletics, tying coaches' athletic bonuses to academic progress is


nearly unheard of. If the UC System had been successful in adopting the policy, it
would have been just the second system to do so.
"Some members of the board felt that the requirements were not stringent enough,"
said Dianne Klein, a DC spokeswoman. "Others felt that they were fine Just where
they were. I think everybody agrees that trying to maintain high academic standards
is the way to go, so it's just a matter of what that level should be. Should it align with
the N.C.A.A. or should it raise the bar a little?"

UC's now-tabled policy, which had already been approved by UC President Janet
Napolitano, was created by a committee formed last year after the University of
California at Berkeley grew concerned about low graduation rates among some of its
teams. In 2012, the university's football players ranked dead last in its conference for
Graduation Success Rates. The university graduated Just 44 percent of football
players who enrolled between 2003 and 2007. The revelation was an embarrassment
for the university, and as a result, the football team's new coach is the only UC coach
whose athletic incentives are already tied to academics.
The policy would have required all teams to meet a minimum Academic Progress Rate
in order for coaches and athletics directors to receive athletic bonuses. The Academic
Progress Rate is a metric used by the N.C.A.A. to determine the eligibility and
retention rates of college athletes. With an A.P.R. of 1,000, a team is graduating - or
on track to graduate - all of its players. The N.C.A.A. requires an average A.P.R. of

930, which means a team is graduating about half of its players, in order for a team
to remain eligible.
The proposed policy would have used that same minimum score - a number Gavin
Newsom, California's lieutenant governor and a member of the Board of Regents,
said was too low. All but one UC team already met the required A.P.R. It was
Newsom who led the successful effort to have the Board of Regents shelve the plan,
Klein said a new version of the policy could resurface as early as March.
"UC's 'reform' does almost nothing, under the illusion that it does something,"
Newsom tweeted.

When, in October, the University System of Maryland became the first system of
colleges to adopt such a policy, there was little opposition from its Board of Regents.
The measure was unanimously approved. Some coaches within the system, however,

balked, saying that it was unfair to coaches of teams like football and basketball, in
which some players consider college athletics to be an audition for professional
sports.

"I think it's asking a lot," Maryland women's basketball coach Brenda Frese told The

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Baltimore Sun. "I think if a student-athlete doesn't want to get the grades or go to
class, a coach can't get them there." Those comments were echoed at the UC Board

of Regents meeting last week, with one board member saying, "A college degree is
not the goal of every athlete who comes to the university."
Richard Southall, director of the College Sports Research Institute, said it's not
surprising for coaches to dislike such a policy even when the requirements are so
minimal. A professor wants a good student, he said. A coach primarily wants a good
player.

"Coaches want motivated athletes," Southatl said. "TTiey don't want to say to an
athlete, 'You should really focus on your studies more.' That's not how we motivate
athletes. We motivate them by saying, 'Keep working hard and get in the weight
room.' There's this inherent logical contradiction with this policy where a coach is
telling an athlete one thing, but being rewarded for another."
Tying athletic bonuses to academic progress does have its share of other supporters,
Including Arne Duncan, the U.S. secretary of education. In 2011, Duncan suggested

that teams that don't meet the minimum A.P.R. should be banned from playing in
tournaments or bowl games, effectively cutting out any potential coaching bonuses
for championship appearances. Later that year, the N.C.A.A. Division I Board of

Directors voted to do just that.


In 2013, Duncan and Tom McMiHen, a former congressman and basketball player,
cowrote an opinion piece for USA Today urging colleges to "financially punish
coaches" who are not graduating half of their team's athletes.
"Poor academic performance means the team or the individual player - not the coach
- gets punished," they wrote. "But no coach should receive financial bonuses when

much of his team is flunking out or failing to get a degree."


While tying academic progress to athletic bonuses is rare, offering separate bonuses
for academic performance is a common practice among college sports contracts. The
benchmarks, however, can be similarly low.

Jim Harbaugh's contract with the University of Michigan offers the new head football
coach up to $150,000 a year for achieving an A.P.R. of 960 or higher. The average
A.P.R. for Football Bowl Subdivision programs - institutions that Michigan would not
often consider academic peers - was 956, according to the most recent data from

2013.
When he was a coach at Stanford University, Harbaugh's teams mostly hovered in the
970s range, but so did Michigan's team under previous coach Brady Hoke. Harbaugh,
a coach known in the past for his emphasis on academics, stands to receive a
substantial bonus if he manages to at least maintain the A.P.R. set by Hoke. The
contract even gives him 15 points of wiggle room - the A.P.R, of Hoke's 2013 team
was 975.

Last year, the University of Louisville's head football coach, Bobby Petrino, received
$500,000 as an academic bonus for surpassing its A.P.R. threshold. The university set
the desired figure at 935, just five points over what the N.C.A.A. requires to remain
eligible.
Gerald Gurney, president of the Drake Group, a faculty organization concerned about
the academic integrity of college athletics, said rather than receive bonuses for
meeting academic requirements, coaches and athletic directors should be fired for not
meeting them.

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"Academic incentives look good, but this should be a responsibility, not an incentive,"
Gurney said. "Colleges hire these celebrity coaches and then look for excuses to
boost their salaries. And tying athletic bonuses to academics is really just more of the
same,"

Gene Smith, athletics director at Ohio State University, said as contracts will likely
always contain incentive bonuses of some kind, it makes sense to at least focus the
bonuses on academic achievements.

Last March, Smith received a widely criticized $18,000 bonus after an Ohio State
wrestler won an N.C.A.A. championship. If it's problematic to profit so heavily off the
work of a team of unpaid college athletes, critics said, it's even more so to profit off a
single unpaid athlete in an individual sport like wresUlng.
TTie practice is not uncommon, but in an interview this week. Smith admitted "it just
didn't feel right."
The university announced last week that it had drawn up a new contract for the
athletics director, replacing many of the athletic bonuses with academic ones. Gone
are bonuses for national and conference championships in all but football and
basketball, and In their place are chances to earn bonuses for the cumulative
grade-point average of all teams and, starting in 2016, for the percentage of athletes
who are employed after graduation in positions that require a degree.
"It really fits better with what we're all about," Smith said. "There's always going to
be incentives, so why not have them focus on the most important piece: helping kids
get their degrees and finding a career path? That's the number-one objective."
Smith will receive a $55,000 bonus for a cumulative G.P.A. between 3.0 and 3.29;
$75,000 for a G.P.A. between 3.3 and 3.49; and $90,000 for 3.5 or greater. Ttie

athletic bonuses for football and basketball that remain are still lucrative, however.
For football, he will receive $25,000 for a Big Ten championship; $35,000 for a bowl
appearance; $35,000 for a national semifinal appearance; and $50,000 for making it
to the finals.
Southall said, for all its good intentions, linking bonuses to graduation rates and
G.P.A.s and A.P.R. scores is "just a great deal of kabuki theater" that generates good

PR and accomplishes little.


"I think it sort of speaks to the fact that athletics and the academy are not related at
all," he said. "The A. P. R. may measure graduation rates, but it doesn't really measure
what's going on in a classroom or what a student is learning. You're trying to make

that connection with these types of bonuses or restrictions. I think it's very dangerous
to artificially connect athletics and academics this way."

Jason Langworthy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
lane078oumn.edu
-*. ^

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Sent: Wednesday, February 11, 2015 10:53 AM


To: Richard Beeson [rbeeson@umn.edu]; Dean Johnson [djohns@umn.edu]

Cc: Erie Kaler [ekaler@umn.edu]; Amy Phenix [pheni001@umn.edu]; Brian Steeves


[stee0168@umn.edu]

TO: ALL REGENTS


i! The following articles related to higher education governance appeared in various
Ij news outlets today:
i| 1. Lawmakers winnow list of candidates for University of Minnesota aovernina

board (Star Tribune)


2. Former Minnesota Governor Wants University to Upgrade Trial Oversight fThe

Oj long-save (19)

11 Wall Street Journal)

Qj short-save

ij 3. Kaler talks budget, climate (Minnesota Daily)


ji 4. Cuts may get tough, admins say (Minnesota Daily)

^ Manage Folders...

|i 5. Crookston City Council visits UMC - Getting to know you...better (Crookston

j I Times)
ji 6. The New Bachelor's Payoff (Inside Higher ED)

j Lawmakers winnow list of candidates for University


I of Minnesota governing board
! Kia Farhang

I 2/10/2015
i Lawmakers narrowed down Tuesday the field of candidates for the University of
; Minnesota's governing board but couldn't agree in two of the five contests.
Members of the House and Senate higher education committees planned to
recommend five candidates for the 12-member Board of Regents which sets tuition
and policy at the state's flagship college to the joint Legislature, which will likely
make final choices later this month. They did that for three out five open seats,
choosing two newcomers and an incumbent.

But a lack of consensus led to separate recommendations for the seats representing
the state's 1st and 3rd Congressional Districts.
That included a nod for Patricia Simmons/ a regent finishing her second six-year
term. Regents don't typically serve longer than that, but Simmons noted there's no
law barring the practice. The recently retired Mayo Clinic doctor said she only
considered running after another female doctor connected to the hospital system
dropped out.
Simmons said she doesn't think legislators will worry about her tenure when they
make their final decisions.

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"It didn't seem to be an issue tonight," she said.


Most of the support for Simmons came from Senate Democrats. Their party will have
a 101-to-lOO edge in votes when the Legislature meets to choose regents. House
members, most of them Republicans, recommended Worthington businessman Randy
Simonson to represent the 1st District.
The vote split down party lines again in the race to replace 3rd District representative
David Larson, who died last fall. Senate higher education committee members chose
Hennepin County Medical Center medical director Michael Belzer; the House picked
public relations professional Paula Prahl. Whoever wins that seat will serve the
remaining two years of Larson's term.

Winnowing down the list of candidates for other seats was easier. Michael Hsu,
president of a golf reservation company, and longtime funeral home director Tom
Anderson won nods.

Legislators also endorsed board chair Rick Beeson for a second term. He said he'll
focus on affordabillty, diversity and the school's medical program and academic
health center if he remains.
Most candidates said they would prioritize reducing tuition at the university if chosen
to serve. Many also said the university needs to find more ways to make money from
its research.

Tuesday's recommendations aren't binding, and legislators can add candidates to the
mix when they make their final votes.
Additional media coverage:
MPR
Pioneer Press

PostBultetin
Minnesota Daily

Former Minnesota Governor Wants University to

Upgrade Trial Oversight


Ed Silverman

2/10/2015

In a closely watched move, a former Minnesota governor has Joined a pair of


bioethidsts in an effort to persuade the Minnesota state legislature to bolster
oversight of clinical research at the University of Minnesota.
Arne Carlson has asked the legislature to delay selection of a new Board of Regents
until an auditor's report about university research practices is submitted later this
month. A portion of the report is expected to include details surrounding the 2004
death of a participant in a university-run trial of an AstraZeneca drug.
"Pharmaceutical companies and universities need to pay attention to the integrity of
the research being conducted because the consumer relies on the product," says
Carlson, who argues that university officials, including the existing Board of Regents,
have failed to sufficiently Investigate the circumstances surrounding the 2004 trial.
By delaying selection, Carlson hopes a new board will more aggressively oversee

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research practices, including informed consent and conflicts of interest, which were
cited as concerns stemming from the 2004 trial. These issues prompted dozens of
academics in 2013 to write the university Senate to conduct a new investigation.
"Drug companies have been paying for the testing of experimental drugs and
researchers have been financially rewarded for enrolling participants and
administering drugs according to accepted medical protocols," Carlson and the
bioethlcists write in a letter to the legislature. "...Most disturbing is the deliberate
refusal of the Board of Regents to publicly review or hold hearings on what they knew
was clearly a troubled area."

The development is only the latest installment in a long-running drama that has
helped cast a wider spotlight on university oversight of clinical research that is
conducted on behalf of the pharmaceutical industry. Carlson and other university
critics say the handling of that particular trial, which led to lawsuits and probes,
underscores a need to be more vigilant about protecting participants.
In their letter, Carlson and the University of Minnesota bioethidsts - Leigh Turner and
Carl Elliott - ask the lawmakers to create a "special citizen's commission" to review

clinical trial research, specifically for psychiatric drugs. Terri Bonoff, who chairs the
Senate Higher Education Committee, tells us that, in response, she has asked the
Senate Majority leader to delay the Board of Regents selection.
The study that triggered the controversy had examined the effectiveness of three
different antipsychotic pills and was funded by AstraZeneca. But the trial later
generated questions about mismanagement and conflicts of interest after, Dan
Markingson, a 26-year-old participant committed suicide. Since then, the bioethicists
and other academics raised questions about the extent to which his participation may
have contributed to his suicide.
The ensuing years produced a lawsuit by his mother and various probes - some
undertaken by the university as well as others, including the FDA - but these did not
find any instances of wrongdoing, which the university has repeatedly noted.
In a note, a university spokesman writes us that the university has a "responsibility
and an obligation to look for answers to some of the most difficult health questions,
including issues related to mental health. As the Dan Marklngson case so tragically
illustrates, mental illness can be devastating and we need to find better treatments to
try to prevent similar tragedies in the future.
"However, while the case of Dan Markingson was definitely a tragedy, it was not a
scandal. Over the last 10 years, this case has been thoroughly investigated by
multiple independent entities," including the FDA. The university, he continues, "Is
committed to upholding the highest standards when conducting research involving
human subjects. We are constantly evaluating our processes and procedures to be
sure we are a leader in this area."

More recently, the university hired the Association for the Accreditation of Human
Research Protection Programs, a non-profit that accredits research programs at

various organizations, to review its procedures for running clinical trials. But the
review will not examine past practices, which the legislative auditor is expected to
include in the report to be filed later this month.

Kaler talks budget, climate

2/11/2015

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The Minnesota Daily sat down with University of Minnesota President Eric Kaler on
Friday, more than a week after Gov, Mark Dayton proposed to fund only one-quarter
of what the school requested for its next budget cycle.
Kaler discussed the University's budget request, a campus climate report and a piece
of land the University is acquiring for a total of $26 million.
In Dayton's budget proposal, he included half of the requested funding for
the tuition freeze. How does the University plan to fund the other half of
the tuition freeze included in Dayton's proposal?
The game's not over yet, We still have a legislative session to move through, and
well be articulating to the House and Senate the benefits of supporting the tuition
freeze. I think it is politically popular, so ifs too early to know what the final budget
will look like....

We're very grateful for the governor getting us halfway there, but we will need to find
additional funding because I really do not want to raise tuition. But if that becomes
necessary, then that will become necessary.

The governor's budget request included about one-fourth of what the


University originally requested. Will you be working with the governor and
legislators to communicate to them why they should increase the amount?
That's pretty much my everyday job. When the session is in, we spend a lot of time
there.... pTie University has] great programs that will be very impartful for...
Minnesota. We are a terrific return on the state's investment, and we think we have
more to offer.

While the governor didn't fund initiatives like "healthy Minnesota," "vibrant
communities" and the facility condition improvement strategy in his
budget, he did propose $30 million in state funding for the Medical School.
How does that make you feel?
We're excited about that, and again, we're grateful to the governor for his willingness
to do that. That followed, of course, a Blue Ribbon Commission that generated some
recommendations for moving the Medical School up in rankings....

We're pleased with that, and of course, it overlaps some of the requests that were in
the "healthy Minnesota" piece. So well realign that [request] so that we're not double
dipping.
Some lawmakers have said that they would like to see performance
measures used for funding again next year. What do you think of that?
I think there's a fine line between the legislative direction and the autonomy the
University has that dates back to its founding.... I do think it's important that the
state invests in institutions that are graduating their students at a reasonable rate.
The ability or idea that a state invests in an institution that doesn't produce graduates
is a hard thing to understand.
Last month, the campus climate report was released. It was put together
by a campus work group that looked at ways to make the campus
welcoming to all. How will the University follow through on those
recommendations?

Well take action on them. There's 16 of them. We parsed out who's responsible for

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moving on each one of those. Some of them will require some budget realignment
and support... so well do that. We had a good first step pTiursday] in a climate
workshop that hundreds of people attended.
Is there a timeline for getting these recommendations in place?
Some of them will take longer than others, particularly when you look at faculty
hiring. That's a multi-year process. We can identify where the openings are, put
together search committees and advertisements and interviews. Unfortunately, it's a
subject we can't change instantly, but we're going to work on it hard.
To continue to reduce its $12 million budget deficit from last year, the
University of Minnesota-Duluth announced that it plans to further reduce
the shortfall by $6 million over the next two years. What role does the
University of Minnesota system play in helping UMD?
We try to provide as much help as we can, both in terms of expertise around budget
analysis and planning and putting central dollars into Duluth, which we did last year.
[We] will continue to look for opportunities to help.
[Duluth is] an important part of the University of Minnesota system. I want them to
be successful, and an Important part of that is getting them back in budget balance,
and we're trying to help them do that.
Are there any specific plans to shift funding to UMD?
We're in the process of those budget negations right now, so we don't have a
particular plan for any of the collegiate units now, but those will develop as the
semester moves forward.

The University recently purchased a block of property thafs part of a $26


million plan, but it has been said that there are no definitive plans for the
land. What's the rationale behind purchasing the land when there aren't
any definitive plans?
We purchase land strategically. Thafs a block that's located next to the Ambulatory
Care Center. It's a piece of property that doesn't come on the market very often, so
when it came on the market we thought it [was] important for long-term land use to
buy that.
Valentine's Day is coming up. Do you and Mrs. [Karen] Kaler have any plans
set aside?
We have been married 35 years. That provides the opportunity for 35 Valentine's Day
activities. I do have a little surprise for her, but I'm not going to let her find out in the
Daily what it is.

Cuts may get tough, admins say


Hatey Hansen

2/11/2015

Cuts in administrative spending may take a heavy toll on employees in upcoming


years.

As part of the University of Minnesota's plan to cut spending across the board,
administrative departments are restructuring and eliminating positions. And while

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those units have endured the changes so far, school officials say future cuts may be
harder to manage.

In 2013, President Eric Kaler announced a plan to reduce administrative spending by


$90 million over six years. Last year, the school had cut nearly $19 million, and ifs on
track to cut another $20 million in 2015.
Sixty-elght percent of the cuts for both years were personnel-related, and that trend
isnt likely to change in the next few years.
University Vice President and Chief Financial Officer Richard Pfutzenreuter said many
departments spend about 90 percent of their budgets on personnel salaries.
Many of the first cuts came from attrition, retirement and shifting around
responsibilities, he said, but eventually that won't be the case.
"You won't be able to nibble around the edges," Pfutzenreuter said. "I think as it gets
harder, you're going to have to focus on the things that people don't like to do,and
that's eliminate programs."

The president and administrators, as well as deans and faculty members within
respective colleges, will have the responsibility of selecting which areas are affected,
he said.

College of Biological Sciences Finance Director Andrea Backes said most of the
college's cuts to this point have come from attrition.
"Essentially, every time that someone leaves a position, we try to re-evaluate and see

if we can have any administrative savings by hiring at a lower level or not replacing
the position or hiring different kinds of positions," she said.
CBS eliminated a director position and two administrative support positions last year.
Backes said while the school-wide trims allowed CBS to operate more efficiently,
future cuts will likely be more difficult to make.
"We're definitely thinking it's going to be much harder," she said.
Cutting positions often means more work for other employees, Backes said.
For many employees, their jobs, which were already being stretched because of
reoccurrlng budget cuts, have taken on even more responsibilities recenUy, she said.

While there's always a risk of employees burning out, she said, many have been
willing to take on more duties.
"They all know what the situation is with the University, and they're wilting to chip in
where they can," Backes said.

Kaler said he's received mostly positive feedback on the cutbacks while
acknowledging that changes to employees' jobs are never easy.
"People understand the need for the organization to trim costs, but each one of those
personnel decisions, of course, is dramatic for the individual involved/' he said, "and
we're trying to do it in as careful and compassionate way as we can."

Backes said CBS is already having conversations about which areas may face cuts in

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the coming years, but the college hasn't finalized any decisions yet.
"We're getting together, and we're having these kinds of conversations about, 'What
can we do better with less?"' Backes said.

Like CBS, Associate Vice President of Facilities Management Mike Berthelsen said a
good share of his department's personnel-related cuts have been through attrition.
He said the department has consolidated leadership programs and reduced its
number of directors. The department has also restructured building-cleanlng services
to save money.

Not all of the department's cuts have been in response to Kaler's plan, Berthelsen
added, noting that the department has been seeking ways to save for the past
several years.

Ultimately, he said any sort of reduction has an effect on employees.


"Our goal is to always do what we can to minimize that impact," Berthelsen said.
Meanwhile, the University is looking at ways to be more efficient with its finances
system-wide, CFO Pfutzenreuter said.
"Every year, we cut budgets and reallocate. It hasn't stopped. It isn't going to stop,"
he said. "We're a bigger organization than we were 10 years ago ... and our budget
has grown, and people have taken on more work... I dont consider us at all bloated
or fat."

Crookston City Council visits UMC - Getting to know


you...better
Mike Christopherson

2/10/2015

The agendas of both the Crookston City Council and council's Ways & Means
Committee meetings Monday night were pretty light compared to typical meetings,
but there was still much important work done, as the council. Mayor Gary WJllhite and
various city department heads spent the evening on the U of M Crookston campus
taking a tour and eating supper, all the while talking about ways the city and
university could collaborate more than they do now.
Willhite has been the director of residential life and security services at UMC for many
years, so it wasn't entirely surprising that soon after he was sworn in as mayor last

month, he reached out to UMC Chancellor Fred Wood to see if the council could not
just hold a meeting on campus, but make an entire evening out of it.
That evening took place Monday with a campus tour that began at 5 p.m., followed
by dinner in the Sargeant Student Center Bede Ballroom - attended by Wood as well
as various student, faculty and staff leaders - and then the council and committee
meetings, at which council members and department heads met the members of the
Golden Eagle men's and women's basketball teams.

Enveloping the entire evening was the spirit of increasing partnerships, collaborations
and initiatives between the university and the community, and moving beyond just
talking about it by undertaking real actions. During dinner, everyone around the large
table had a chance to talk about ways they think UMC and the city could become

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more of a part of each other.

"The UMC Bookstore is great; I'd like to see a campus bookstore branch downtown,
where we definitely have the storefront space," At Large Council Member Wayne
Metbye said. In an example of the types of specific opportunities for city/campus
partnerships that were mentioned.
But it may have been the campus tour itself that was the highlight of the evening.
7tie city council members and department heads were obviously already aware on a
basic level of the academic offerings and facilities on campus, but Monday they saw
some things that appeared to have a significant wow factor.
In the campus' newest student residence hall. Heritage Hall, they saw what Wood
said is the finest student residence facility in the entire U of M system. Minutes later,
UMC student Mariam Maiga showed them 3-D imagery In the Immersive Science and
Engineering Experlential (I-SEE) lab, and a little ways down the hall on the second
floor of Dowelt Hall, Software Engineering Lecturer Raed Seetan showed them
actual, digital 3-D images of a brain afflicted with a tumor in the Undergraduate
Collaborative Learning and Experiential Applied Research (U-CLEAR) lab. Wood told
the group that the lab is used by not only Software Engineering students, who design
some of the learning sofh/vare, but also Biology students. When state legislators got a
look at the lab when UMC was pitching its Wellness Center, Wood said some were
amazed that the lab wasn't for graduate-level programs.
And in an example that's fairly unique to the U of M Crookston, a couple minutes later, the city
officials found themselves In the University Teaching and Outreach Center arena, where an
Equine Studies horsemanship class was taking place.
"It was just a fantastic evening," Wood said as dinner wrapped up. "I think a tot of good is going
to come from it."

The New Bachelor's Payoff


Paul Fain

2/11/2015
Doubts about the labor-market returns of bachelor's degrees, while never serious,
can be put to rest.

Last month's federal jobs report showed a rock-bottom unemployment rate of 2.8
percent for workers who hold at least a four-year degree. The overall unemployment
rate is 5.7 percent.

But even that welcome economic news comes with wrinkles. A prominent financial
analyst last week signaled an alarm that employers soon may face a shortage of
job-seeklng college graduates. And the employment report was a reminder of
continuing worries about "upcredentialing" by employers, who are imposing new
degree requirements on Jobs.
"Presumably, these educated workers are the most productive in our information

economy," wrote Guy LeBas, a financial analyst with Janney Montgomery Scott, in a
report Bloomberg Business and other media outlets cited. "At some point In the
coming year, we're going to risk running out of new, productive people to employ."

Anthony P. Carnevale concurred with LeBas. As director of the Georgetown University


Center on Education and the Workforce and a top expert on the labor-market returns
of degrees, Carnevale has long railed against dubious arguments about the payoff
from college being overrated.

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"We're headed for full employment" of bachetor's-degree-holding workers, he said.

It's a challenge decades in the making. Carhevale cites research that has found
colleges lagging badly in producing talent. Since 1983, the job market has outpaced
higher education with a cumulative total of 11 million positions for workers with
"usable knowledge," which he defines as "degrees with tabor-market value."

These days, demand for positions in the knowledge economy grows by 3 percent
each year, Carnevate said, while higher education meets only 1 percent of that
growth.

That's where employers step in. Carnevale's center last week released a report that
broke down the $1.1 trillion colleges, government agencies and employers spend
each year on higher education and job training in the United States. Employers chip
in the most, the report found, spending $590 billion annually to train workers.
Of that amount, $413 billion paid for informal, on-the-job training. Colleges spent
$407 billion on formal training, while employers spent $177 billion. However, the
academy's rate of spending has outpaced that of employers, increasing by 82 percent
since 1994 compared to 26 percent.
The report, dubbed "College Is Just the Beginning," also found that four-year-coltege
graduates receive the most of the formal, employer-sponsored job training.
Bachelor's degree holders account for 58 percent of employers' annual spending on
formal training.
That fact, while somewhat counterintuitive, is because four-year-college graduates

tend to get jobs that are specialized, complex and change over time, Carnevale said,
particularly in STEM fields.
"Wherever the earnings are the strongest, thafs where the training occurs," he said.
"The more educated the workforce, the more training in the job."

Workers with an associate degree or some college credit but no degree received 25
percent of formal employer training. Those with a high school credential or less
received 17 percent.

'Credential Creep'
TTie report's findings strongly suggest that a bachelor's degree often is required as a
starting point for a job that requires more training - and one that pays well. So
dropping out to go work for a tech company isn't a safe bet for most students.
"Formal employer-provlded training typically complements, rather than substitutes
for, a traditional college education," the report said.

The new federal jobs report in some ways bolsters the findings from a study released
last fall by Burning Glass Technologies, a Boston-based employment firm that
analyzes job advertisements. That research found that employers are more likely to
replace workers who do not have bachelor's degrees with those who do.
One reason for this, according to Burning Glass, is that many "middle skills" jobs are
becoming more technological and complex. Architectural drafters, for example, these
days are expected to be "junior engineers," the report found.

But employers also appear to be screening applicants by requiring bachelor's degrees

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for positions that do not require nor are likely to require the kind of training one
would get from a B.A. or B.S., according to the report, citing certain human resources

and clerical jobs as examples.


This sort of credential creep is alarming to some economists, such as Richard Vedder,
who directs the Center for College Affordability and Productivity and teaches
economics at Ohio University. Vedder has written that an oversuppty of bachelor's
degrees creates its own demand.

Wage Gains
The virtually nonexistent unemployment rate for bachelor's holders poses a test to
higher education, Carnevale said, beyond just trying to keep up with employer
demand.
That's because the "wage premium" for workers with a four-year degree relative to

those who hold only a high-school credential, while large, has stagnated in recent
years. As employers run out of graduates to hire, however, the wage premium should

climb again. That outcome would be further proof of the value of a four-year degree.
Full-time workers with a bachelor's degree or more who are between the ages of 25
and 32 have median annual earnings of $45,500, according to a report the Pew
Research Center released last year. Two-year-degree holders or those with some

college credits and no degree earn $30,000 while high school graduates earn
$28,000.
Another study, which the Federal Reserve Bank of San Francisco released last year,
tracked the fluctuating earnings premium for a four-year degree.

The premium was at its lowest in 1980, when bachelor's degree holders earned 43
percent more, on average, than workers with Just a high school credential. In 2011,
however, it was 61 percent, or $20,050 per year.

Carnevale predicted that gap would widen because of the high demand for bachelor's
degree holders. But it will take about two years for those effects to show, he said.
LeBas agreed that earnings gains of highly educated employees will outpace others.
"Wage pressures among skilled workers will almost certainly rise further in the
coming year," he wrote.

Jason Langworthy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
laneo78o(S)umn.edu

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!i TO: ALL REGENTS


I The following articles related to higher education governance appeared in various
|! news outlets today:
1. During deficit. SCSU looks for ways to grow (St. Cloud Times)
Ij 2. Penn State, other universities, pushed to drop fossil fuel investments (Centre

Daily Times)
jj 3. State Senate asked to delay picking U of M regents (MPR)
j; 4. U's athletics project start date could be delayed (Star Tribune)
5. Sid Hartman: Kaler says no concerns over fundraisina for Gophers facilities

^ Manage Folders...

11 project (StarTribune)
i; 6. VIDEO - At Issue (KSTP) - President Kaler's segment starts at 10:00 into the
jl program.
I 7. VIDEO - Almanac (TPT) - President Kaler's segment starts at 11:15 into the
ij program.

jl During deficit, SCSU looks for ways to grow


I j Kari Petrie

i 2/9/2015

I; Included at the request of a Regent.


ij New post-recession realities means St. Cloud State University has to rethink how it
ii operates. Declining enrollment, empty buildings and budget deficits have the
|j university looking for ways to strengthen and grow in the future. Tlie university
jj hopes that through innovation it will better serve changing student demands and put
; itself in a healthier financial situation.
11

i{ "We have not gone back to the world before the recession. We're in a new world," St.

ij Cloud State President Earl H. Potter III said.


i[

j| More students are part time rather than full time. What students expect from
n on-campus housing has changed, forcing the closure of two residence halls. And the
[j state has reduced how much It contributes to higher education.
II Enrollment declines, so follows state allocation
1| Ttie university is facing a $9.5 million general fund deficit for fiscal year 2015, which
!! is about 5 percent of the $200 million budget.

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Plans are in place to deal with that shortfall. Non-salary budgets have been cut by 5
percent, and a soft hiring freeze is in place, meaning each position is reviewed to see
if it's essential before it is filled.
Those changes account for $4 million in savings. The remaining gap, about $5.5
million, will comefrom reserves. But Potter said the university continues to look at
changes to make for it's long-term financial health. It is conducting a program and
service review that looks to put resources where the demand is. Potter said.
There are several reasons the university is facing shortfalls. Declining enrollment
means less tuition and fees are coming in. This school year saw a 5.1 percent

decrease from the previous year. But while the number of futl-year equivalent
students has declined, the actual number of students has not dropped in the same
way. From 2011 to 2014, the number of FYE students droppedl7.3 percent compared
with a 10.9 percent decline in actual students.
That means there are more part-time students now, St. Cloud State's Vice President

for Finance and Administration Tammy McGee said.


And enrollment is tied to the university's state allocation. So the fewer the students,
the less money that comes from the state.
St. Cloud State is part of the Minnesota State Colleges and Universities System, which
is requesting $142 million at the Legislature this year. If it's granted, the system has
promised a tuition freeze.

Potter said the university is waiting to see what the Legislature decides.
Then there are the costs the university doesnt have much control over. For example,
last winter's extreme cold means the university went $700,000 over budget to heat
buildings compared with the previous winter.
Employee impacts
Staff and faculty also have a role to play. Compensation and benefits make up 70
percent of the university's general fund expenses. As enrollment has gone down, the

number of employees hasn't adjusted accordingly. The number of full-time equivalent


employees went down 8.8 percent from 2009 to 2014.During that time, fullyear
equivalent students went down 15 percent.
Potter said the university might look at encouraging early retirements.
But St. Cloud State Faculty Association President Roland Specht-Jarvls said the
university is too top heavy with administrators and needs more employees in the
classroom. And that impacts enrollment.

"If students don't feel like they get personal attention, if they don't sense that, they
won't come," he said.
As the process moves forward to review university services and see where resources

would be best spent, Specht-Jarvis said he hopes it remains transparent.


"I anticipate well be working together on this, "he said. Potter said administration
continues to work to engage faculty, staff and students in the process. Campus
meetings will be held where attendees can ask questions. Specht-Jarvis said the
decisions being made over the next year are not just important to the university's
health; they also determine access to affordable higher education.

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Empty dorms, classrooms


The university's footprint is also being examined because Potter said there is more
space than what is needed and buildings may need to be taken down. A study is
underway that is taking a look at each university facility. Recommendations are
expected in the summer and wilt guide the university on whether to take down a
building and better utilize the space. St. Cloud State has the highest level of facilities
square footage in the MnSCU system, with more than 3.5 million owned or leased
space, according to McGee.

At dormitories Steams and Holes halls, utilities remain on for safety reasons but no
one is using the buildings. Holes Hall was built in 1965 and Steams Hall was built
thefollowlng year.Potter said several buildings have reached the end of their planned
lives. Renovating them and bringing them up to code is cost prohibitive.
It also signals a change in what students want. Family incomes have stayed the same
while costs have gone up. That means more students are choosing to live at home
while attending college. Potter said.
And those who want to live on or near campus are looking for arrangements that
offer more amenities than the traditional dormitories.
Classroom space also is being reviewed. A classroom utilization report shows that of
the 175 traditional lecturestyle classrooms, 62 percent are used during a 32hour
week. On average 50 to 55 percent of the seatsare occupied. While there is a cost to
removing a building. Potter said in the long run it helps the university's financial
situation because they no longer have to paythe operating costs. During the next five
years. Potter said the only major construction planned Is Eastman Hall renovations.
The university is asking the Legislature for $18.5 million in bonding money to turn the
former physical education building into a healthservices center.
For comparison, this article on UMD was included in news clips last week: UMD to trim $6 million
over the next two years

Penn State, other universities, pushed to drop fossil


fuel investments
Lori Falce

2/5/2015

Included at the request of a Regent.


In a world with global warming, finite fuel sources and a renewed focus on clean
sources of energy, one hot spot of protest on college campuses is becoming a push
to clean up university money.
At Penn State, the driving force is Fossil Free PSU, a year-old campus organization
that wants to see the university divest itself of any fossil fuel-related investments.
It's a movement that is gaining ground elsewhere.
In recent weeks, the University of Maine and Chalmers University of Technology in
Sweden have announced divestment plans. In Massachusetts, the Harvard Climate
Justice Coalition is suing the university to push for immediate divestment.
That's the kind of thing that can make a major institution nervous. The Chalmers
divestment was just $5 million.

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According to Penn State spokesman Reidar Jensen, the university's "long-term


investment pool" holdings as of Dec. 31 stood at $3.4 billion, with $2.3 billion in
endowed funds and $1.1 billion in nonendowed, all in a complicated web.
"Investments are made in accordance with Penn State's endowment spending and

investment policies, as adopted by the board of frustees," Jensen wrote in an email.


"The policy directs that LTIP funds 'should be invested primarily by independent
investment managers selected by the (Penn State) Investment Council.' So, in
accordance with policy, the funds are invested by outside professional money
managers who are selected and closely monitored by the Office of Investment
Management, with direct oversight by the Penn State Investment Council and the
board of trustees. Investments are placed by third-party money managers into
diversified, mutual-style funds composed of thousands of distinct holdings. Penn
State is one of many institutional investors in such funds and the university does not
have the independent ability to dictate what individual assets are purchased or sold
by fund managers."

But Fossil Free PSU says it isn't asking the university to turn its policy on a dime.
Spokesman Nathan Larkin said that is part of the misunderstanding of the movement.
Instead, the group is asking for a start by freezing new investments In fossil fuels,
and then asking Penn State to take five years to divest of other coal, gas, oil and
related investments.

Larkin says they have hope because President Erie Barron, who comes from an earth
and mineral sciences background, has not shown opposition.

"He has worked with NASA and NOAA. He understands the risk of climate change and
the rate at which climate change is accelerating," he said.
But a university policy complicates things: "The (Penn State) Investment Council shall
be guided solely by fiduciary principles. TTie council shall consider only financial
criteria in formulating investment policies or in proxy voting unless specifically
directed to do otherwise in a definitive manner by the board of trustees."
Larkin has an answer for that, too.
"It's not only a moral obligation. It's a financial one," he said, adding that a "growing

body of research" suggests that investing in more green companies is showing at


least comparable returns, if not higher ones.

It's a difficult balance for the university, which juggles the responsibility to students,
faculty, alumni, donors and the state to do the most it can with its money. At the
same time, the school is at the forefront of science dealing with climate change,
shown in research and awards, like gladologist Richard Alley, who shares in the Nobel
Peace Prize for his work on the topic.
"Like other large, complex research institutions, we are constantly striving to find a
responsible balance between our environmental stewardship obligations and our
equally clear need to invest our financial resources according to recognized fiduciary
principles. The administration wilt continue to work with the board of trustees to
assure that this responsible balance of social and financial obligations is maintained,"
Jensen said.

Meanwhile, Fossil Free PSU continues to push for greener money at Penn State,
garnering support from other campus organizations, such as Eco-Action, the Penn

State College Democrats and the Community Environment and Development Club.

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Eventually, they hope to bring enough support together to get the endorsement of
the University Park Undergraduate Association.
"That will certainly grab the attention of the board of trustees," Larkin said.

State Senate asked to delay picking U of M regents


Alex Friedrich

2/6/2015

A leading state lawmaker has asked Senate leadership to postpone selection of


University of Minnesota regents until next month's state review of the university's
drug-trial program.

Senate Higher Education Committee chair Terri Bonoff confirmed Friday she has
asked Majority Leader Tom Bakk to delay the process in light of a letter from former
Gov. Arne Carlson that was critical of the university.
In his letter, delivered Thursday, Carison expressed concern over the university's
handling of patients in clinical drug research trials, as well as regents' oversight.
Carlson said the program has a history of deaths, injuries and conflicts of interest. He
described the selection of the 11-member Board of Regents as "little more than a
political beauty contest."
A key concern in the letter is the 2004 suicide of drug trial participant Dan
Markingson.

"There's enough in [the letter] that is so damning on the entire process surrounding
the Markingson case," Bonoff said.

Bonoff, DFL-Minnetonka, said next month's legislative audit would help lawmakers
evaluate regents better.

"I just think It's important so that we have the most information possible. I don't
want a cloud over this process," Bonoff said.

To delay the regents' selection, the Minnesota Legislature would have to pass a
resolution to do so. Bakk could not be reached for comment. U of M officials had no
comment.

Ten candidates are vying for five positions on the 11-member board.

U's athletics project start date could be delayed


Joe Christensen

2/7/2015

The University of Minnesota's chief financial officer said Friday that the school has a
"big hill to climb" with fundraising if it's going to begin construction of its proposed
$150 million athletics facilities project by October.
The Gophers took more steps up that hill Friday, when they announced a $6 million
gift toward the project from retired telecommunications executive Robert Eddy. The
gift brings the total raised to $65 million, said Chris Werle, senior associate athletic

of

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director.

University CFO Richard Pfutzenreuter said that, as with any project, the school must
raise 80 percent of the money in this case $120 million before construction can
begin. The other 20 percent can be financed and paid off through continued
fundraising, he explained.
A university document released Friday states a complete financing plan must be
ready for approval at the June 11-12 Board of Regents meeting in order to begin
construction in October.

That gives athletic director Norwood Teague four months to raise another $55 million
to make that timetable happen, a fundraising pace that would need to be nearly twice
as fast as what it has been.
"It's a big hill to climb," Pfutzenreuter said. "Norwood wants to equivocate on putting
the pressure on donors to contribute, but that date will have to slide if there's no
overall financing plan to move the project forward.
"The Board of Regents won't approve it, and it doesn't get past the president [Eric
Kaler] or I without 100 percent of it figured out."
Gophers football coach Jerry Kill repeatedly has said he wants ground broken on a
new football facility by summer's end. Big Ten Network analyst Gerry DiNardo and
CBS Sports Network's Tom Lemming are among those who have said the 30-year-otd
practice facilities are among the worst in the Big Ten and hinder Kill in recruiting.
The university originally unveiled plans for a $190 million "Athletes Village" in July
2013 with upgrades for football, men's and women's basketball and several other
sports. Last month, the school began soliciting construction bids for a $150 million
portion of the project that fast-tracks the football and basketball facilities along with a
"Center for Excellence" a nutrition and academics building to be funded by a $25
million donation from Land O'Lakes. Constmction bids are due Monday.
On Friday, the university released its agenda for next week's regents meeting, and
the accompanying docket lays out Teague's expected presentation Thursday for the
Facilities and Operations Committee.
The regents are expected to approve the use of $15 million, from the money already
raised, for construction design.

"When you begin a large fundraising project like this, one thing you need to try to do
Is keep the momentum going," said regent Clyde Alien, who chairs the Facilities and
Operations Committee. "We've had some good early gifts, and I think ifs important
to show that we can move forward, and we're confident we can get the rest."

Werle said the department spent about a year laying the groundwork for the project
and didn't begin officially asking prospecUve donors for money until July. Using that
timetable, Teague has raised $65 million in seven months and needs to nearly double
that total over the next four months to start construction in October.
"Our goal is still to get this thing done sooner rather than later," Werie said. "I
understand that there are certain timelines in these [university] documents. We're
not looking at deadlines. We're looking at a long-term plan. We're faying to get
construction started as soon as we can."

The university still intends to fundraise the entire $190 million project, similar to

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several other major athletics facilities projects underway around the country and Big
Ten. But the immediate goal now is $120 million.
"Ideally they would have 100 percent before you put a shovel in the ground,"
Pfutzenreuter said. "But the minimum is 80 percent that's a policy. Norwood knows

it, and every dean and every faculty member knows it.
"I think this one's going to be certainly a pretty big challenge, but I think if they can
get there [to the 80 percent mark], we can figure out the rest."

Sid Hartman: Kaler says no concerns over fundraising

for Gophers facilities project


Sid Hartman

2/9/2015

University of Minnesota President Eric Kaler said Sunday that the $150 million athletic
fundraising project to improve facilities and build new football and basketball practice
facilities is going fine, and there is no concern that the school will be unable to
complete the project. He also said that anyone complaining about a lack of
fundraislng on the project needs to look at things differently.
"It is by no means in jeopardy, whatsoever," Kaler said. "I think you need to put a
little perspective on this. We have raised about $70 million in less than a year. Most
places I know would be jumping up and down with a great story, instead we get
rumors that we're slowing down and we're not committed. We are 100 percent

committed to this project. Our donors have been wonderful in stepping up and theyll
continue to do that. I have complete confidence in [athletic director] Norwood
Teague and his team, which includes me, that we'll raise the money and get this
building built."
Kaler said that while the project is being financed entirely by private donations, there
is still the possibility that the athletic department could get a loan from the university
to have 80 percent of the cost of the project raised to start construction on time.
"Well ultimately raise it all privately or with already-allocated money," he said. "If we
need to bridge a loan to get going more quickly we'd be willing to look at that, but at
the end of the day there won't be tuition dollars or new state money in this."
Kaler added that a loan still would be counted toward the necessary 80 percent of
total money raised on the project in order to go forward with construction.
"We have a very prudent budget process, we clearly are not going to start building
anything we don't think we can pay for today," he said. "TTie rule of thumb we have
is we want to understand where 80 percent of funding for a project is before we
break ground. Well be willing to not know where the last 20 percent is going to come
from as we move forward in the fundraising. But part of that 80 percent can be a
bridge loan or a structure against future revenues in the athletic program. The need
to be concrete and prudent while we move forward while at the same time being
sensitive to the fact that we want to move as quickly as possible."
While the fundraislng needs to have that 80 percent matched by the June 11-12
Board of Regents meeting in order for construction to begin in October, Kaler believes
that the work already done in getting the $70 million in donations in a year should be
praised.

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"I think if you raise $70 million in a year it's a pretty good pace," he said.
Facilities needed
With Gophers football coach Jerry Kill saying the team needs a new practice facility in
order to compete in recruiting, Kaler was asked if there is any chance of the football
practice facilities getting built ahead of schedule, if fundraising isn't ready for the
entire project.
"Well we're going to get them as soon as we can," Kaler said. "I think he's right.

People can talk about the arms race in college athletics however they want to, but it
is real. I've said since I've got here that if we're going to be in the Big Ten, we're

going to compete in the Big Ten. The facilities are an important part of that for both
or women and our men athletes, all 750 of our athletes wilt benefit from this
program."

Other issues abound


Kaler was asked for his opinion on the rumors that the Big Five college conferences
the Big Ten, Big 12, ACC, SEC and Pac-12 could break away from the NCAA.
"The so-called Big Five conferences have agreed to some autonomy totally within the
NCAA framework/ but we're not moving way from the NCAA," he said. "Those five

conferences, including the Big Ten, have some additional autonomy around football
practices, and it lets us compete with each other a little bit more effectively. I think
that's a positive step forward."

The NCAA recently allocated a semester stipend to student-athletes to allow them to


get more money for meals and for travel home. Kaler said he thinks that is a fair
model.

"The athlete pay I am totally in favor of is the student-athlete model that we have
now," Kaler said. "Student-athletes get an enormous amount of benefit from their

time at the university, not the least of which for the great majority of them is a very
valuable college degree. They're going to go pro in something besides the sports
they're playing, and they're going to be enormously prepared for that with the
University of Minnesota degree.
"We have moved to pay for the full cost of attendance, which is an increase in the
stipend that lets them have some additional living expenses and some additional
traveling expenses to go back home. I think that's an appropriate recognition of the
time commitment that student-athletes put in. I'm not in favor of going to the sort of
semipro model that some people talk about. I think when you start to look at those
numbers it becomes a fraught process."

Monitoring U's teams


With the Gophers men's basketball team and men's hockey team struggling in Big
Ten play, Kaler was asked his opinion of the state of the athletic department.
"I'm optimistic about where we are," he said. "Everybody is comfortable with our

football program and excited about the direction we're going. I think we have the two
best young basketball coaches in the country [in Richard Pitino and Marlene
Stollings], both of those programs are poised for great success going forward.
"I'm very pleased with our Olympic sports, wrestling right now is in a little bit of a
stumble of a couple matches, but an incredibly strong program, look for them to be

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competitive in the national title. The women's hockey team got a split this weekend,
and I expect them to be in the title hunt, as well."
Asked if there is any pressure on men's hockey coach Don Lucia, Kaler said: "This is
the answer I give every time someone asks me a question about a coach: We
evaluate all of our coaches at the end of the season and make decisions that we view
are in the best Interest of the program. The win-loss record is part of that, but it's not
the whole story. That's an evaluation of coaches that athletic director Norwood
Teague will be doing at the end of each season."
The members of the Gophers athletic department can consider themselves lucky to
have Kaler on board. The university president wants a winning athletic program, and
as long as the coaches run an honest program, they will get as much support from
their president as any group of coaches at any school in the country.

Jason Langworthy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
laneo78o(5)umn.edu

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The following articles related to higher education governance appeared in various


news outlets today:
1. MnSCU and University of Minnesota hope to extend tuition freeze (MPR News)
2. The top seven MN higher education stories of 2014 (MPR News)
3. State AG to combat poor student loan customer service (MPR News)
4. Mark Dayton takes aim at early Gophers' 11 a.m. kickoffs (Pioneer Press)
5. (VIDEO) Twins AII-Star Closer Glen Perkins Featured in Citrus Bowl Parade in

Orlando (KSTP)

MnSCU and University of Minnesota hope to extend


i tuition freeze
i Alex Friedrich

; 12/30/2014

I Lawmakers and state officials say they'll push for legislation in the upcoming legislative session to
I curb the rising costs of education even as they press campuses to provide more bang for the
! buck.

I Politicians from both parties want "to ensure access and affordability for students, put the brakes
on student debt a little bit, and meet state workforce needs," said Higher Education Commissioner
\ Larry Pogemitler.
A focus of attention will be an extension of last session's two-year tuition freeze. Both the

: University of Minnesota and the Minnesota State Colleges and Universities system are asking
I lawmakers to fund its extension for another two years.

It's the lead item in the U of M's two-year budget request, and the university has set aside $65
million of its $127 million requested Increase for it.
The freeze is practically the only specific thing Minnesota State Colleges and Universities (MnSCU)
system is asking for this session. MnSCU's request says the freeze accounts for about half of its
requested $142 million Increase.
This year MnSCU has "a very short message," said Laura King, the system's CFO.

Despite the popularity of the freeze among students over the past two years, its success Isn't
assured.

Control of the House will shift to Republicans, and the incoming chairman of the House higher
education committee. Rep. Bud Nornes, R-Fergus Falls, says he's open to a freeze.

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But Names' counterpart in the DFL-dominated Senate, Terri Bonoff, DFL-Minnetonka, sounded a
lot more critical.

"I reject the words 'tuition freeze' when people come and ask the state for money to pay for it,"
she said, "because that's not a freeze. That's just transferring the bill... Whether or not we have

money to invest heavily into [MnSCU and the University of Minnesota] will depend on the
[budget] forecast and the will of the Legislature, but I am always an advocate to invest in our
higher-ed institutions."

Todd Iverson, the U's director of government relations, said the first freeze has been very
popular, and thinks the public will support It. But he acknowledged that the Senate "will probably
be a tougher sell."

Commissioner Larry Pogemiller said he's pushing for a state grant increase so its maximum level
covers the full $13,600 in undergraduate resident tuition and fees at the University of Minnesota.
Currently the grant's maximum is about $13,000, he said.
And Pogemitter said he'd like to open up the grant to more working adults and tower- to middleincome students.

Some relief from onerous student loans might also be on the way. Bonoff said she Is working with
the Office of Higher Education on a state plan to refinance high-priced student loans so students
can get lower rates.

And on Tuesday, state Attorney General Lorl Swanson called for state regulationson how private
student loans are serviced.

Minnesota lawmakers also want to hold colleges accountable for performance in areas such as
graduation rates.

This month, the University of Minnesota announced it had made all five of the performance goals
set by the Legislature last session as part of this year's $600 million state appropriation.
Lawmakers decided in 2013 to withhold 5 percent of the U's funding for the coming year until it
met three of the five, which included raising graduating rates, producing more sclence-related
undergraduate degrees and cutting administrative costs by $15 million, or 1.2 percent.
Bonoff says she'd like to raise the goals this session, and possibly raise the percentage of funding
withheld.
Representatives from both MnSCU and the U say they're open to new goals, but would have to
see the proposal first.
The Office of Higher Education has come up with its own performance measures for colleges
including the ratio of student debt to the potential earnings of recent graduates.
Bonoff said she wants to assess how well schools do there, and may consider cutting off State
Grant money from those who don't pass the test.
Job placement also is an area Bonoff is targeting.
In March, the senator proposed setting state standards for apprenticeships in industries that
either face worker shortages now or in the future. Advisory groups have been meeting on the
topic for months, she said.

This session she wants to introduce an apprenticeship program In the fields of advanced
manufacturing and information technology that enables students to earn money and get
on-the-job training as they study.

The top seven MN higher education stories of 2014


Alex Friedrich

12/29/2014

This year didnt spare any sector of Minnesota higher education from headlines.

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Campuses in the public, for-profit and nonprofit sectors struggled with crime, labor dissatisfaction,
legal troubles or complaints over race relations.

Hero's a chronological look at how that all played out in seven of the most notable Minnesota
higher education stories from this year;
1.) U of M battles crime
After a rash of high-profile robberies on and around the University of Minnesota campus in Fall
2013, university students called for university leaders to crack down on crime.
Throughout 2014, the campus community saw a range of safety-education and security
measures, such as an increase in police staffing, improved lighting on campus, and a restriction in

the number of hours many campus buildings were open to the public.
The heightened security didn't please everybody. Some African-American students and faculty
voiced suspicion that they were being racially profiled.
Those concerned with campus safetyalso braced for the summer debut of the Green Line which
opened three stations on the Minneapolis campus in June - and the fall arrival of Vikings Sunday
football games at TCF Stadium.
Some In the community feared the line would make it easier for criminals to access campus, and
thought Vikings fans might be a bit too rowdy on Sundays.
But campus police Chief Greg Hestness says he's seen no significant problems.
This month the U reported that robberies this fall - 13, including two on campus were just half
what they were last year. They were also lower than the five-year fall average of 17.
Despite the return to a calmer campus. Vice President Pam Wheelock cautioned, "We have no

crystal ball. So we're going to just keep our level of effort and awareness up and hope that that
doesn't repeat itself."
2.) Unionization votes come to campus

A national push for the unionization of adjunct professors hit three private Minnesota colleges this
year but succeeded on only one.

Hamline University faculty voted overwhelmingly in June to bring In Service Employees


International Union, citing concerns they had over pay, benefits and working conditions. But their
Macalester counterparts had canceled their spring vote earlier that year, and in July the adjunct
faculty at the University of St. Thomas voted down unionizatlon there by a vote of 136 to 84.
The union's efforts spread in the fall to all faculty at the University of Minnesota, which saw the
appearance of a website called University of Minnesota Academics United. That effort is still
underway.

3.) Globe University sees state, federal trouble


Two years after MPR News looked at the marketing and recruiting tacticsemployed by Globe
University / Minnesota School of Business, state Attorney General Lori Swanson sued the school in
July, saying it misled students about their job prospects after graduation.
That suit, a Globe spokeswoman later said, prompted the U.S. Department of Defense's tuition-

assistance program to put the two schools on probation this year. That meant the schools could
not receive tuition benefits for new students on active duty, in the Reserves or National Guard.

The spokeswoman has rejected the claims in the suit, and said the department's decision was
"unnecessary."

The state suit Is set to go to trial Nov. 30 of next year.


4.) Mankato coach firing, investigation criticized

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In April, an arbitrator ruled that Minnesota State University - Mankato should reinstate football
coach Todd Hoffner, whom it fired in 2013.
Hoffner had faced two child pornography charges in 2012 over videos he'd recorded of his naked,
dancing children. A judge ruled they were an innocent family recordings, and dismissed the
charges.

The university later dismissed him anyway for unspecified reasons, and the arbitrator said it had
no grounds to do so.

In October, state Legislative Auditor Jim Nobles issued a report that didn't take sides on Hoffner's
dismissal, but said the state should rethink how it undertakes personnel investigations.
He wrote that an MSU-Mankato investigator held interviews in which the witnesses were not
under oath and were not recorded. He also said the investigator destroyed the notes of her
interviews after submitting her report to the university - all practices Nobles found "troubling."
5.) U of M sees reviews of drug trials
The suicide of University of Minnesota drug-trial patient Dan Markingson a decade ago has
sparked concerns by many scholars that he was exploited by university researchers running the
study.
After repeated calls from university critics including former Gov. Arne Carlson the U in June

announced in June it had hired an outside body to review its clinical research practices.
It wasnt the review of the Markingson case that many faculty had called for. U of M bioethicists
Leigh Turner and Carl Elliott, as well as other scholars, raised concerns over whether the review
would be thorough and unbiased.
Later that month, the state legislative auditor said he would investigate the U's handling of the
past 10 years of drug-trial patients - including the Marklngson case. It was a development Turner
called "very encouraging."
6.) Community voices outrage over "Redskins"

Amid a national campaign to persuade the owner of the Washington Redskins to change the
team's name. University of Minnesota President Eric Kaler came out against its use, calling the
name "offensive."

Kaler said he would work with the Vikings to prevent its use in publicity materials for the Nov. 2
game against the Vikings in TCF Bank Stadium on campus - but warned that the U did not have
authority over the NFL team.
Some American Indian advocates said that wasn't true, and claimed the U wasnt using all its
legal muscle to block the name. They said the team name violated university policy on offensive
speech. And they cited passages in the Vikings stadium lease contract they said gave the U the
power to bar the Vikings from the stadium or take the team to court to collect damages.
The university's lead attorney argued the passage on language was meant to restrict advertising
and sponsorships - not team names or logos.

The university held a series of events in October to highlight the effect of stereotypes in American
Indian mascots and logos. And several thousand protesters demonstrated in front of the stadium
before the game on Nov. 2.

Despite Kaler's stated efforts, the Vikings put no restrictions on the use of Washington's name
which U of M Vice President for Equity and Diversity Katrice Albert called "unacceptable."
7.) MnSCU overhaul falters
The signs were long in coming.

After Minnesota State Colleges and Universities (MnSCU) system Chancellor Steven Rosenstone
unveiled a proposal in 2013 to revamp how the system would do business - a plan called Charting
the Future - faculty representatives were uneasy.

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They said the proposed reforms smelled of Soviet centralization and feared the plan would put
too much power Into the hands of the central office.
In June of this year, the statewide faculty union issued a list of complaints against Rosenstone,
who they said had driven faculty morale to a new low through mismanagement and a show of
disrespect toward professors.

In October, faculty began to bolt. Winona State University started a wave that led faculty at all
seven state universities to hold votes of "no confidence" in Rosenstone's leadership.

The system's two statewide unionspulled out of the planning process. They said they didnt have
enough say in decision-maklng, and feared the plan would lead to "the McDonaldization of higher
education."

They expressed distrust in Rosenstone, citing revelations that the chancellor had quietly signed a
contract extension the previous fall - a move that was never formally disclosed to the board -

and had signed a $2 million contract with an overhaul consultant under the radar of faculty and
students as well.

They rejected Rosenstone's public offer of state mediation in November, saying it was a surprise
announcment - and a political strong-arm tactic to get them to the table on his terms.

Rosenstone has said the reform process will continue. The unions still aren't in mediation with
him, but university faculty union President Jim Grabowska said faculty representatives have been
in informal talks with several trustees about their concerns.

State AG to combat poor student loan customer


service
Alex Friedrich

12/30/2014

Minnesota Attorney General Lori Swanson has drafted legislation that would combat poor
customer service around student loans.

Swanson said students and their parents often can't get straight answers from banks and
toan-servicing companies about the terms of their borrowing.

'They try to call the servicing companies and get basic information like: What do I owe? What's
the interest? How do I consolidate my loans? If I don't have a job afterward, what kind of
payment plans do I have to avoid dinging my credit?" Swanson said. "And they can't even get
basic answers like a copy of their contract."

Tom Kosel, legislative chairman of the Minnesota Career College Association, says he personally
finds it fair.
"As long as our goal is to provide students with the information they need, it's good policy, and
it's good procedure."

Swanson's office has drafted legislation that would require student loan companies to provide
such information clearly and in a timely manner.
The law would not affect national banks or federally guaranteed student loans. Swanson said
she's talking with lawmakers who are interested in sponsoring the bill this session.

Mark Dayton takes aim at early Gophers' 11 a.m.

kickoffs
David Montgomery

12/30/2014

His final campaign behind him, Gov. Mark Dayton plans a battle next year over a minor but very
personal Issue: the start time for University of Minnesota football games.

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'They talk about the concern about attendance at the Gopher games - they start them at 11
o'clock in the morning," Dayton said Tuesday in an Interview with the Pioneer Press. "I'm going to

propose that we pass a law that no (Division I FBS) football game in Minnesota can start before
noon."

Dayton said 11 a.m. kickoffs - as the Gophers had for home games this year against
Northwestern, Purdue, Iowa and Ohio State - are just too early.
"If you want to tailgate, you have to be there by 9 a.m.," Dayton said. "Most students I don't
think are awake at 9 a.m."

The culprit for the start times is the national TV schedule, a big revenue source for football
programs like Minnesota's. Dayton blamed TV for the flexible start times, which allows networks
to pick and choose matchups based on the teams' recent performances.

"(When) I grew up and went to Gopher games, they started at 1 or 1:30 ... and you knew that for
the whole season, so you blocked out those days," Dayton said. "Now, it's about, 'What time does

TV want to put us on?' It's alt driven by television and the dollars involved there."
Chris Werle, an associate athletic director for the University of Minnesota, declined to comment
Tuesday, saying the university wanted to team more about the proposal.
A message to the NCAA was not immediately returned.
Dayton said his major focus this session will be the budget, transportation funding and education
- not football start times. But he said he has long had a passion to take on the issue.
"I've wanted to do this for 10 years," he said. "I got talked out of it every year I was a (U.S.)
senator, then I got talked out of it when I was having to face re-election eventually."

Dayton acknowledged that his proposal might go down in flames, but said he would at least"get
the discussion going."

And if people like his idea, Dayton said, he would think about taking it national.
"I'll see if the Big Ten state governors get interested," he said.

Stephanie Austin
Board Associate, Communications & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct; 612-624-0842
saustinOumn.edu

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[stee0168@umn.edu]

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TO: ALL REGENTS

AIGronhovd

The following articles related to higher education governance appeared in various

Gronhovd Estates (1)

news outlets today:

GronhovdReunton

1. VIDEO - C-SPAN College Tour: University of Minnesota President Eric Kaler

L3

Skitrip2014
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(C-SPAN)
2. Faculty members challenge panel reviewing U's human research (StarTribune)

3. Report Highlights 3 Universities' Efforts to Help Disadvantaged Students Succeed (The


Chronicle of Higher Education)
4. Measuring What? (Inside Higher ED)

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jj Faculty members challenge panel reviewing U's human


I! research
i! Maura Lerner

ji 9/8/2014
li

i;
I; This week, three national experts will arrive at the University of Minnesota to examine how well it
!| protects patients in research studies.
:i But some critics say the panel is so rife with conflicts of interest that the review will be a sham.

!| The university is paying about $142,000 for the outside review, which was prompted by lingering
|| concerns about the death of a patient, Dan Markingson, in a U drug study 10 years ago.
;j In June, the university hired a national organization, the Association for the Accreditation of
;, Human Research Protection Programs, to manage the inquiry, which is supposed to focus on
:i "current policies, practices and oversight" of human research. The group named three outside
i! experts, including scientists from Harvard and Johns Hopkins universities, to conduct the review.
Ij But on Sunday, Leigh Turner, a U medical ethicist who has been critical of the administration,
|i denounced the pending review as a "whitewash" and said he would refuse to meet with the
II panelists.
n

\ I Among other things, he said one panel member was a consultant for the company that ran the

U drug study in which Markingson died. "I fear that you are being paid $141 ,900 for the service of
ii whitewashing the University of Minnesota's reputation," Turner wrote in a Sept. 7 letter to the
I association. "I will have nothing to do with your sham review."
Ij A dozen other professors sent a letter Sunday to Brian Herman, the vice president for research at
i| the U, expressing concern about the panel's objectivity.
li

|i The university is wasting money if the review is not credible," sakf Karen-Sue Taussig, an
jj associate professor of anthropology and one of the co-signers of the letter. She said conflicts of

2/28/2015 7:49 AM

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interest could taint the review's integrity.


In a statement, Herman defended the review, saying it's being conducted "by a group of
independent, internationally recognized experts in the field." He added that "potential conflicts of
interest will be managed appropriately."
Elyse Summers, president of the association, acknowledged that one panel member was a
consultant to the company that ran the drug study in the Markingson case. But she said that was
disclosed to the university, and that if a conflict surfaces, he "will recuse himself from that portion
of the review."
Turner, though, argued that's not enough. "This conflict of interest cannot simply be 'managed'
and 'disclosed,'" he wrote. He also said the accrediting association has its own conflicts of
interest, including close financial ties to both the university and to drug companies that sponsor
research. He noted it was paid to accredit the University of Minnesota's research programs three
times since 2004. "You cannot investigate yourself," he wrote.
Ttie association, however, says it will have no direct role in the panel's findings or
recommendations.
Will Durfee, an engineering professor and faculty liaison for the review, said anyone is free to
bring up concerns directly with the panel. But he said the university "does not wish to insert itself
into the process of managing conflicts ... as that would compromise the independence of the
panel."

Turner is one of two professors in the university's Center for Bioethics, along with Carl Elliott, who
have repeatedly criticized the U's handling of the Markingson case. Markingson, who had

schizophrenia, committed suicide at age 27 in May 2004 while part of a clinical trial testing
antipsychotic drugs.
The university said it was cleared of wrongdoing, but critics say it has never been adequately
investigated. The university agreed to the latest inquiry after the Faculty Senate passed a
resolution in December calling for a review of how the university recruits and protects human
subjects.
The resolution did not call for a new investigation of the Markingson case specifically.
"One of the problems with the Markingson case, and one of the reasons it won't go away, [is]
because the reviews that have been done haven't been credible," Taussig said. "My big concern is
wasting money on another investigation that may not be credible. And that's just discouraging."

Additional media coverage:


Pioneer Press

MPR

Report Highlights 3 Universities' Efforts to Help


Disadvantaged Students Succeed
Katherine Mangan

9/9/2014

First-generation and minority students borrow far more for college and are much less likely to
graduate, a problem that will worsen with demographic shifts. But three public universities have
shown how, even in an era of declining state support for higher education, colleges can reverse
those trends, according to a report being released on Tuesday by the Center for American
Progress.

All threethe University of California at Riverside, the University of North Carolina at Charlotte,
and the University of South Florida at Tampaoffer generous need-based scholarships as well as
robust support services, including summer bridge programs and learning communities that allow
freshmen to work in groups. All three have increased their percentages of enrollees with Pell
Grants and all but eliminated graduation gaps between white and black or Latino students.

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A report last year by the Education Trust found that colleges were making gradual progress in
narrowing graduation gaps between students in underrepresented minority groups and white
students. But those changes aren't happening fast enough, according to the new report.
"As both communities of color and the poverty rate continue to grow, it is economically imperative
to improve the value of college for the least-advantaged students," it says.
At public four-year colleges, students in the lowest income group, who disproportionately are
black or Latino, need to borrow nearly twice as much as do students in the highest income group
to pay for college, the report notes. Minority, first-generation, and low-income students take longer
to graduate, which adds to the cost. At public four-year colleges, 61 percent of incoming white,
first-time students earn a bachelor's degree within five years, compared with 46 percent of black
students and 49 percent of Latinos.
As a result, the report notes, "college is becoming less affordable for the population with the
greatest need for a path to the middle class."
Students at the lowest income levels are almost three times as likely to drop out, leaving them
with high debt and without the average earnings boost of $18,000 per year that bachelor's-degree
holders enjoy, the report says.
Following are a few ways the report says the three universities are bucking those trends, using a
combination of federal, state, and institutional money.

University of South Florida at Tampa


Need-based grants have been key in helping the campus double its share of Pell Grant-eligible

students while increasing graduation rates by 10 percent since 2008, according to Billie Jo
Hamilton, assistant vice president for enrollment and planning management. The Florida
Legislature requires public universities to spend at least 30 percent of their tuition dollars on
need-based aid, the report says, but the university bumped that up to 40 percent.
It also instituted a professional advising system with more advisers, required freshmen to live on
the campus, and expanded opportunities for campus jobs.

University of California at Riverside


A robust pool of need-based money was also key in helping the university support a student body
where 59 percent are eligible for Pell Grants and 60 percent are first-generation college students.
The university maintains a need-based aid pool that's several times larger than the value of the
Pell Grants students receive, according to Bill Kidder, assistant provost. That, along with Cal
Grants, provides "a robust infrastructure of support for low-income students," the report says. The
university's Pell Grant recipients graduate at the same rate as high-income students.

University of North Carolina at Charlotte


In addition to maintaining generous need-based aid programs, the university offers learning
communities by major and freshman-specific seminars. A six-week summer bridge program for
incoming freshmen, now in its 28th year, has helped increase first-to-second-year retention by 12
percent, university officials say.
For all three univereities, the most important factor is support from the top. 'While many public
universities offer robust need-based aid programs and student-support services," the report notes,
"it is strong leadership and institutional commitments to improvement that ultimately make these
three universities stand out."

Measuring What?
Scott Jaschik

9/9/2014
The New York Times kicked off its higher education conference here Monday night by releasing
what it called a "revolutionary college index" that ranks institutions that enroll students from

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low-income backgrounds.
The rankings are derived from a formula based on the proportion of undergraduates who receive

Pell Grants and the net price (what students actually pay as opposed to sticker price) paid by
those with family incomes of $30,000 to $48,000. But the T/'mes applied this formula only to
institutions with a four-year graduation rate of at least 75 percent. That's a bar that only about 100
colleges meet, and all but three of them are private institutions. (The full 7'f'mes methodology may
be found here.)

So while the leading three (Vassar College, Grinnell College and the University of North Carolina
at Chapel Hill) are all institutions that don't normally top the likes of Harvard University (ranked
sixth), they are also not institutions that serve as many low-income students as many public
institutions that don't meet the 75 percent standard. Of the 100 colleges in the T/'mes rankings, the
top percentage of Pell-eligible students is 25 - at Susquehanna University. (The full list of
colleges, in order, may be found here.)
But consider some of the public institutions that weren't ranked. For example, the University of
California at Berkeley, which just misses the four-year cutoff (71 percent), has more than 27
percent of its students on Pell Grants, a larger percentage than any that were ranked and about
twice the rates of Dartmouth College and Duke University, which made the list. (And Berkeley's

student body is much larger than that of most of the colleges in the new ranking, such that its Pell
students have typically been close in number to the combined total for the eight Ivy League
institutions.)

Baruch College of the City University of New York has a lower four-year rate (39 percent) so it too
was excluded, yet its percentage of Pell students is 46 percent - twice that ofVassar. The T/mes

also did not find any historically black colleges that met its standard, although those institutions
are strongly committed to serving low-income students. Spelman College, where 70 percent
graduate in four years, also has 46 percent of its students receiving Pell Grants; And these
colleges don't include community colleges and other open-access institutions, many of which are

majority Pell-eligible. (All the figures in this paragraph and the proceeding one for institutions not
ranked by the T/mes come from the U.S. Department of Education's College Navigator site.)
In introducing the new rankings, David Leonhardt, managing editor of The Upshot column of the
T/mes, acknowledged that there were no perfect measures and hinted that the T/mes might in the
future examine more institutions. Bernie Machen, president of the University of Florida, was on a

panel here to discuss the rankings, and he quipped that the newspaper might find many
interesting things "if you ever get down to the real world" of institutions that don't have 75 percent
four-year graduation rates.
Leonhardt said that it was important to note that among the colleges that were ranked, there was
wide variation in how they fared, and that this variation wasn't entirely related to wealth.
Susquehanna, for example, outperforms institutions for which its endowment would be a Founding
error. And the Times rankings draw attention to institutional wealth, listing endowment per student.
Vassar, for example, in coming in first, beats out 27 colleges and universities on the list with
higher endowments per student.
"It's clear that colleges have very different levels of commitment on this issue," Leonhardt said.
For example, the article he published on the new rankings takes Washington University in St.
Louis to task. "Maybe the starkest example is Washington University in St. Louis, one of the hot
colleges of recent years, having climbed to No. 14 in the US. News rankings last year," he writes.
"Only about 6 percent of the freshman class in recent years at Wash. U., as it's known, have
received Pell Grants, even though it is one of the country's 25 richest colleges on a per-student
basis."

A statement from Washington University late Monday said that the university has a higher
percentage of Pell students this fall (8 percent) than reflected in the T/mes rankings, and that the
share has been moving up, in part because of additional aid provided to low-income students. The
university is pushing to raise more money for financial aid, the statement said, with a $400 million
target for such funds in a current campaign.
Speakers here said that institutions needed to spend more on low-income students. Vassar's 23
percent Pell-eligible student body is nearly double what it was in 2008. Catharine Bond Hill,
president ofVassar, said here that if all the elite colleges received twice as many eligible
applicants from low-income families next year, she didn't think many would have the resources (or

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commitment) to admit them.


She noted that it is a distinct minority of American colleges that are need-blind. She said that "we
have known for a decade" that there are many more qualified students "out there" than are

enrolling at elite colleges. (While Hill was among those commenting Monday, Leonhardt said that
she did not know in advance how Vassar would fare.)
The reality that the institutions that serve the greatest number of Pell-eligible students weren't in
the rankings bothered some experts (who were not on the panel here).
"When your peers are doing terribly, doing better than your peers isn't the same as doing good.
The idea that Harvard is 'accessible' to poor people when such a small number pass its gauntlet
for admission to earn the nearly free net price on a campus where hidden expenses abound - it's
laughable is a sure sign of a flawed methodology," said Sara Goldrick-Rab, director of the

Wisconsin HOPE Lab and professor of educational policy studies and sociology at the University
of Wisconsin at Madison. "This is a set of metrics designed to praise the wealthy for doing a little
philanthropy - not a set of metrics aimed at helping spur colleges to become more accessible or
affordable. You only win on this metric by being rich. The New York Times has helped perpetuate
inequality. And it has added absolutely nothing to the college rankings or ratings conversation."

Paul Glastris, editor in chief of The Washington Monthly, which also ranks colleges in part on their
commitment to low-income students (and many other factors), had more praise for the effort.
"Good for them for doing this," he said, adding that "it means a lot coming from The New York
Times." But he noted that his magazine's methodology, which lacked the 75 percent four-year bar,

resulted in 9 of the top 20 being public institutions. Further, 6 of his top 11 are at or above Pell
proportions of 30 percent.
F. King Alexander, chancellor and president of Louisiana State University, has written about the
need to encourage colleges to admit large numbers of low-income students. He said that it was "a
good first step" for the Times to encourage elite institutions, but questioned the impact. Alexander

was formerly president of California State University at Long Beach, which when he left had a 60
percent graduation rate and enrolled a student body in which 40 percent were Pell eligible. That
university's 14,000 Pell students exceeded those of the Ivy League, he said.
Alexander said he would like to see ratings that only include those colleges and universities that
meet some minimum Pell level, such as 20 percent, rather than only analyzing those with the

highest graduation rates. "I think that the 75 percent grad rate kills most of any scale that could
make the new index better," he said.

The Challenges Facing the Publics


Only three public institutions - the University of North Carolina at Chapel Hill, the University of
Virginia and the College of William and Mary - made the T;mes list. In the discussion here,
however, there was more attention paid to publics, especially to flagships.

Machen of the University of Florida (another public whose 29 percent Pell-eligible students tops all
institutions rated by the T/mes) talked about how most of the money given out for financial aid at
his university is not based on need, but on various definitions of merit. He said that state
mandates give him no choice, and that he has been rebuffed by lawmakers when trying to get
more money for need-based aid.
Anthony W. Marx, president of the New York Public Library and former president ofAmheret
College, said that, as a nation, "we are busy under-funding and dismantling our public
universities."
And Leonhardt noted that UNC-Chapel Hill - which fares well in the ranking - is actually facing
criticism for being generous to low-income students. The University of North Carolina System
Board of Governors recently voted to limit to 15 percent the share of tuition revenue that
campuses may spend on financial aid. Chapel Hill is one of six campuses in the system that
currently spend more than 15 percent of tuition revenue on financial aid.
The new rankings were released at the opening of the Times's Schools for Tomorrow conference.

Inside Higher Ed is a media sponsor of the conference, meaning that it traded advertising with the
T/mes. But Inside Higher Ed played no role in the development of the rankings or any conference
content.

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Those Other Rankings


The Times rankings were released at 6 p.m. Six hours later, U.S. News & World Report released
its rankings, which did not contain surprises. There were no methodology changes in those
rankings this year. The magazine did add information about campus crime to its database about
colleges, but did not factor those statistics into its rankings.
Even before the new U.S. News figures were out, at least one college was scrambling to deal with
an error. The News-Press reported that Florida Gulf Coast University found itself unexpectedly on

top of the magazine's list of high debt colleges with an average debt for graduates of $56,208.
The real figure is $21 ,394, and the error was due to a typo by the university in submitting
information.

Jason Langworthy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
langoySoOumn.edu

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[allenl90+caf_=allen=cord.edu@umn.edu] on behalf of Jason


Sent: Friday, July 18, 2014 9:41 AM
To: Richard Beeson [rbeeson@umn.edu]; Dean Johnson [djohns@umn.edu]

Cc; Eric Kaler [ekaler@umn.edu]; Amy Phenix [pheni001@umn.edu]; Brian Steeves


[stee0168@umn.edu]

TO: ALL REGENTS


The following articles related to higher education governance appeared in various
news outlets today:

1. Investing in the U (Pioneer Press)

|^3 Skitrip2014
03 UMM

2. In defense of U research: The Dan Markinason case (StarTribune)

Q long-save (19)

4. New Politics of Partner Benefits (Inside Higher Ed)

Qjl short-save
fe| Manage Folders...

^^

3. Flood of applications jams admissions at some souaht-after colleges (M PR)


5. Tex. Lawmakers Take New Steps Toward Sanctions Against University Regent (The

Chronicle of Higher Education)


6. How Do You Plan the Campus of the Future? Try Not To. (The Chronicle of Higher Education)

Investing in the U
Regent Richard Beeson

7/16/2014

Recently, my colleagues and I approved the 2015 capital improvement budget to make new
investments in University of Minnesota facilities that support our mission of teaching, research and
outreach. These investments would not be possible without the partnership of the Minnesota
Legislature and Gov. Dayton.
By sharing costs, the state and university will renovate obsolete labs and antiquated classrooms
in the Twin Cities' 87-year-old Tate Laboratory into flexible spaces that bolster instruction,
research and support services for the sciences. Work will soon begin to create a secure aquatic
invasive species research center that will protect our lakes and rivers from Asian carp and zebra
mussels and to construct a bee laboratory that will advance leading research to assist the
endangered bee population that is vital to our agricultural ecosystem.
The Crookston Campus will build a wellness and recreation center to serve a growing population
of student residents, which will foster student success and increase retention. In Duluth, planning
will begin for a new chemical sciences and advanced materials building so the campus must no
longer turn away students ready to team. And across the U system, repairs will protect previous
state investments in Minnesota's land-grant university.
I'm writing to thank the governor and legislators for investing in the university so the Board of
Regents could complete the partnership. These important investments will help university
researchers address our state's most pressing challenges, keep state industry competitive and
fuel our economy. Minnesota students - and residents - stand to benefit.

In defense of U research: The Dan Markingson case


Mary McLeod

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7/17/2014
With at least four past investigations and one pending, the Dan Markingson case, involving

the suicide of a patient during a University of Minnesota drug trial, goes on interminably. It
involves the most remarkable, random piling-on I have ever seen yet it has failed to

achieve its apparent goals of disciplining the doctors who conducted the drug trial (they
have been repeatedly cleared), while state legislation passed a few years ago already
requires desired changes in research procedures. So what's the point?

With respect to the alleged facts in the case: Just because two things coincide, that does not
establish cause and effect. (If I enroll in a drug study, then have a car accident, did the study
cause it or was I careless?) A certain number of patients with schizophrenia take their own lives,
whether or not they are enrolled in a drug trial. But we will never be certain whether the drug itself

played a role in this particular death. The possibility cannot be definitively ruled in or out,
regardless of beliefs or innuendoes.
I have an awful hunch that some of those expounding on this case are under the misapprehension
that schizophrenia equates with lower I.Q. that these patients are more easily tricked and that,
therefore, they need to be protected from the doctors running such a study. This is so wrong;
schizophrenia patients on average have a slightly higher I.Q. than the general population, and
most make decisions as wise as yours or mine when their symptoms are adequately addressed.
They might be eager maybe too eager to find something that will relieve their symptoms, but
what patient isn't? Let's not assume that these doctors pulled the wool over the subjects' eyes and
led them down the garden path.

In fact, patients with schizophrenia probably have been disappointed by more than one provider or
one medication over the years of their illnesses, and because of that, they are more assertive and
questioning than you or I might be. I am very grateful for the research that has gone before, and
thank both the subjects and doctors who have participated; without them, we would have precious
few medications for these devastating illnesses.
My son, now 37, has schizophrenia, and Dr. Olson, one of the doctors conducting the study being
investigated, is my son's psychiatrist. He has treated my son with the greatest respect; has asked
probing questions, listening to the answers intently; has honored his intelligence; has explained
exhaustively what he is recommending, and has generally bored me nearly to tears with his
thoroughness (but I wouldn't want it any other way). His care has helped immensely, and each
time I sat in on a psychiatric appointment (with my son's permission), maybe five or six times in 10
years, his deep caring was always evident.
Nothing of these doctors' hard-earned reputations or grateful patients' stories comes through in
the media. What does appear resembles the drumbeat of a high-tech lynching (to employ a

phrase from the 1990s). It may not be criminal guilt that is being determined, but it looks like guilt
just the same, and it can destroy or badly cripple a professional career. It is unseemly for
well-educated laypeopleto be engaging in this. Some seem to have forgotten much of what they
knew about critical thinking, and even about the concept of being "innocent until proven guilty."
We used to believe in allowing the authorities to do their investigating without outside interference,
but now everybody's an expert because they saw one on TV.
We shouldn't take everything we hear as fact. Question, question, question. Ask: Does this make
sense on the face of it? Ask whether the death might have had another cause, such as a bad
experience, or this patient simply losing hope. Ask also: What were these doctors' reputations
before this trial in the press began? Had their methods or ethics ever been questioned before?
Were they hard up for money, or were they already well-compensated? Would you, the reader,

have sold your integrity for the fee these doctors were being paid? Had the young man attempted
suicide before? How many times? And were those what the profession calls "serious attempts?"
There are many more such questions.
In ordinary legal proceedings, only "one bite at the apple" is allowed, i.e., one trial. If you lose,

that's it. Why should this situation be so utterly different? Who shall define the end our
legislative auditor (the latest authority persuaded to step in)? The courts? Some other entity? We
seem to be slogging along with no end in sight. And let us not forget that the doctors are human
beings, also. The pattern of attacks on them is deeply troubling: Each time another investigation
clears them of ethical wrongdoing, another investigation is demanded. To whomever is pushing
this: How much is enough?

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Fellow citizens, give it a rest, please, and let the real experts do their jobs. Then honor their
expertise, and accept the results.
Mary McLeod, of St. Paul, is a retired attorney.

Flood of applications jams admissions at some


sought-after colleges
Alex Friedrich

7/17/2014
Admissions offices at many Minnesota colleges are awash in applications these days, and for
some students it's creating tougher competition for a spot at their first-choice school.
Most campuses are seeing two or three times the number of applications they saw 30 years ago
a few see four or five times more as technology's made it easier than ever for students to
apply to many schools.
Most students will get an offer from their first-choice school, national surveys show. Still, the
application flood has pushed down acceptance rates at some of the most competitive institutions
here and across the country, making it harder to snag a seat among some of the most
sought-after schools.
'We've seen kids who I think would have gotten accepted in the past not get accepted," said
Frank Sachs, director of college counseling at The Blake School, where he has worked since
1982.
Today's high school graduates are certainly competing with more people for a spot in a public or
private college in the state, undergraduate admissions data shows.
Macalester College is a prime example. In 1983, the St. Paul school attracted a little over 1,100

applications a year. By 2012 that had jumped more than 430 percent to just over 6,000. The
University of Minnesota-Twin Cities has seen close to a 300 percent increase from 9,700
applications to more than 38,000 during the same period.
That explosion is due in large part to the digital age. Students can fill out an online common

application accepted by many colleges, sparing them the grind of individual applications and
multiple essays.

About one in 10 students applied to seven or more colleges in 1990. By 2010 that had jumped to
one in four, according to the National Association for College Admission Counseling.
"It's easier to apply than ever before," said Jon McGee, vice president of planning and public
affairs at the College of Saint Benedict/Saint John's University. "For many, many places it's also
now free, so why not send to as many [colleges] as possible? And students are doing just that."
Websites, social media and email have also greatly expanded colleges' ability to reach students
over the past 10 to15 years, McGee added. That's caused acceptance rates to plunge at many of
the most competitive schools.
Macalester, which accepted 83 percent of applicants in 1983, accepted 37 percent in 2012. The
U's Twin Cities campus now accepts a smaller percentage of applications - 50 percent - than

Carieton College did 30 years ago.


Such low rates are on the minds of many high school seniors.
"We're alt a lot more nervous now," said Emma Mellgren of Lakeville, an 18-year- old Blake
School graduate who will study business at University of Minnesota this fall.
She applied to 11 schools, she said, because "I wanted to hedge my bets." She said she knows of
at least three students who applied to more than 20. Higher numbers of applications doesn't mean
it's harder to get into a good college in this state.
Taking into account growth in the number of college seats over the years, a look at enrollment

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data and high-school graduation numbers suggests that picture hasn't gotten worse for students
over the past 30 years.
At Minnesota's seven regional four-year universities, admission is pretty much guaranteed to any
first-year student who graduates in the top half of her high school class or scores 21 or higher on
her ACT.

Nationally, a UCLA survey found 76 percent of students entering college last fall reporting they
received an offer from their first-choice four-year campus, down slightly from the 80 percent

reported in 2009.
What the application surge may have done, however, is make it harder now for a student to get
his first-choice at an elite college now compared to 30 years ago.
At Gustavus Adolphus College, 65 percent of freshmen scored at or above a 24 on the composite
ACT college assessment test back in 1995. In 2012, 88 percent scored above 24. The school's
acceptance rate is now 63 percent, considerably lower than the 81 percent it reported back in
1983.
"There's no question that we're a bit more selective than we were in 1980," said Dean of
Admission Thomas Crady. "Some students are squeezed out because of our higher academic
profile."
The U has changed even more. In 1983, about half its freshmen scored at or above 24. These
days it's around 90 percent.
"There are a whole set of students who would have been admitted in the mid-1980s who would
unlikely be admitted now," said Vice Provost Robert McMaster, who said the D made a conscious
attempt to become more competitive about 15-20 years ago.
"It's just not a safety school anymore," he said. Although the flood of applications and higher
academic bar helped make it harder to get into the U and Gustavus, strong students still have
many options, said Minnetonka High School college counselor Phil Trout.
Many high schools also offer more college-prep courses and extracumcular activities than they
did 30 years ago, meaning many students today are better prepared for college than their parents.
It's important that parents and students not let tales of high school overachievers and insanely
competitive Ivy League schools cloud their assessment of how competitive they are, college
enrollment consultant Carol Stack said.
Such students "are the outliers," she said. "I think we just have the tendency to let the anecdotal
ovenvhelm us."

New Politics of Partner Benefits


Colleen Flaherty

7/18/2014
Now that gay marriage is recognized in their state, faculty members and other employees within
the University of Minnesota system with same-sex partners no longer need access to domestic

partner benefits. Right?


The university has a clear answer to the question: Right - and it's canceling same-sex domestic
partner benefits at the end of this year. But some say it may be acting too quickly in eliminating

those benefits, and failing to give enough thought to how the policy change will impact diverse
families.
As many states have recognized gay marriage in the last year, and as states without gay marriage
have started to see court rulings that could change the law there as well, public colleges and
universities have been considering a range of questions. Because many public colleges moved to
offer partner benefits years before their states recognized gay relationships, some - in places like
Minnesota - wonder if they need to keep those benefits. And in other parts of the country,
including states where any benefits for same-sex partners were decidedly off the table until

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recently, that is changing.

The University of Minnesota has been offering domestic partner benefits to employees with
same-sex partners since 2002, as a way of being equitable to employees without legal access to
marriage.

But things began to change last year, when Minnesota's legislature passed a bill legalizing gay
marriage in the state. Immediately the university began talks about how to continue to extend
same-sex partner benefits in this new context. It considered extending domestic partner benefits
to both same-sex and opposite-sex couples, but a spokeswoman said it was decided that that
option would have been "too cost-prohibitive." The university didn't have a hard estimate as to
how many opposite-sex couples might apply for domestic partner benefits if they were offered, but
decided it would be more financially viable to cancel same-sex partner benefits and extend
spousal benefits to all married couples.
Last fall, the university began internal consulting, including with lesbian, gay, bisexual and
transgender employees, to determine a time frame in which same-sex benefits could be phased
out. It soon announced that the deadline was December of this year. This summer, the university
is reminding employees of that deadline with web and other notifications.
Joseph Konstan, chair of the department of computer science and engineering as well as the
Faculty Senate's Faculty Affairs Committee, said there were "no negative reactions" when the
faculty was informed of the timing of the change. "It was made clear at the time that same-sex
partner benefits were instituted that this was a temporary measure that would end if and when
same-sex marriage became legally recognized," he said.
In addition to the committee meeting, Konstan said he talked with a few same-sex couples who
were "clearly positive and supportive" of the move. Some viewed the policy change as an
opportunity to "normalize" same-sex marriage, he said, rather than as something that forced them
to get married.
In other words, he said, "I heard recognition that this change was another sign that same-sex
marriage was the same as opposite-sex marriage."
Numerous same-sex couples already have gotten married ahead of the December deadline.
Currently, 77 employees are enrolled for same-sex domestic partner coverage. Thafs out of
18,975 total benefits-eligibte staff and faculty members.
But if the process at Minnesota is going smoothly, others outside the institution have questioned
its relatively quick move toward eliminating domestic partner benefits. Although there are no
national data on how many colleges and universities offer both same-sex domestic partner and
same-sex spousal benefits, anecdotally it seems that canceling same-sex domestic partner
benefits upon the legalization of gay marriage is rare.
Gay marriage has been legal in Connecticut, for example, since 2008. But the University of
Connecticut System still offers benefits to couples in civil unions, as well as marriages (the state
doesn't recognize domestic partnerships). In New York, where gay marriage has been legal since
2011, the City University of New York offers benefits to married couples as well as unmarried,
same-sex domestic partners. The same goes for public institutions in Oregon, which recently
legalized gay marriage, while the University of New Hampshire System offers benefits to
same-sex spouses and those in civil unions (but not domestic partnerships, unless a hardship is
granted).
In another example, the University of Iowa has offered benefits to same- and opposite-sex
domestic partners since the 1990s. It's maintained those benefits and added same-sex spousal
benefits since gay marriage became legal in the state, in 2009.
Richard Saunders, assistant vice president for human resources at Iowa, said the university
decided to keep domestic partner benefits for its employees because some people simply don't
want to get married, or have personal or religious reasons for not doing so. The university tracked
the cost of adding domestic partner benefits initially, he said, and found that same-sex partner
families tended to be less expensive over all to insure, since they tended - at least in the 1990s to have fewer children (Saundere noted that that may have changed over time, but that the
university has no recent data).
Saunders said he didn't know exactly how many opposite-sex domestic partners the university

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covers in terms of benefits, but that it was fewer than 68 (the university's total number of
non-married employees with domestic partners). But the number is immaterial. Nowadays, he
said, the university doesn't look at the issue from a financial perspective. He added: "We thought it
would be a good benefits offering for employees."
At many institutions, domestic partners are taxed on their benefits - incentive enough for some to
get married. But so far, most college and university employees who choose not to get married
don't risk losing their benefits entirely.
Shane Windmeyer, executive director of Campus Pride, an advocacy organization for LGBT
issues in higher education, said all kinds of employers across the country are discussing how to
continue to offer same-sex partner benefits in light of recent high-profile U.S. Supreme Court
rulings in favor of gay marriage. But he said that Minnesota was the first college he'd heard of
moving to cancel same-sex benefits upon state recognition of gay marriage. He called the move
"shortsjghted."
"I would caution against campuses moving too hastily toward eliminating policies such as
domestic partner benefits because there are family structures and individuals who won't be able to
have access to marriage right away," Windmeyer said. "I think, as with everything, it's sometimes

important to move slowly forward and really think about how policies impact people before doing
away with them."
Conversations about how to move forward shouldn't just be about gay and lesbian couples, he
added. "The larger discussions about domestic partnerships should be about all types of diverse
families who may not have access to marriage, or marriage doesn't work for."
Saranna Thornton, a professor of economics at Hampden-Sydney College and chair of the
American Association of University Professors' Committee on the Economic Status of the

Profession, said AAUP guidelines on family responsibilities and academic work say institutions
should strive to create academic communities in which "all members are treated equitably,
families are supported, and family-care concerns are regarded as legitimate and important."
She continued via email: "Applying that principle to the provision of domestic-partnership benefits,
the AAUP recognizes that families take many forms, not all of which are covered by traditional

benefits plans. The AAUP supports making employee benefits available to faculty and staff in both
traditional and non-traditional family structures."
According to a list compiled by the Human Rights Campaign, an LGBT advocacy group, some
309 colleges offer same-sex domestic partner benefits. A 2013 benefits survey conducted by the
College and University Professional Association-Human Resources found that 57 percent of
responding institutions offered same-sex domestic partner benefits, up from just 40 percent in
2006. The same survey also found 42 percent of institutions offered health care benefits to
opposite-sex partners (not spouses), up from 30 percent in 2006. But the survey doesn't
differentiate between same-sex domestic partner benefits and same-sex spousal benefits, so it's
unclear how many colleges and universities offer both.
Stilt, same-sex partner benefits of any kind aren't offered at many institutions. In many states,
voters previously barred gay marriage or anything resembling it, so a combination of the law and

politics discouraged public institutions from offering such benefits. But that may be starting to
change. Same-sex marriage still isn't recognized in Georgia, but the University of Georgia
announced in May that it was offering such soft benefits as dental, vision and life insurance to
domestic partners of benefits-eligible employees. Employees pay for the entire monthly premium
themselves, and no state funds are used. Similar programs are offered at other institutions within
the University System of Georgia, The Atlanta Joumal-Constitution reported, but the fact that the
state flagship was making such as move came as good news to many. Still, the program falls
short of an earlier proposal from the University Council's Human Resources Committee that the
university also find a way to offer access to health insurance for domestic partners.
This spring, in Virginia, faculty senates or assemblies at three public institutions - the University of
Virginia, the College of William and Mary and George Mason University - all passed similar
resolutions urging their administrations to extend benefits such as health care to same-sex
partners. All make reference to a growing number of peer colleges and universities offering such
benefits, as well as their respective abilities to retain and recruit top faculty members without such
benefits.

The state of Virginia does not recognize gay marriage, and public institutions say that a 2006

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amendment to the state constitution defining marriage as between a man and a woman prevents
them as public agencies from extending same-sex partner benefits to employees.
But that doesn't mean that administrators don't support the movement personally. Recently,
Teresa A. Sullivan, president of the University of Virginia, signed on to letter from a graduate
student asking Mark Herring, the state attorney general, to find ways to offer public employees
benefits for their same-sex partners not already covered by other insurance programs, The Daily

Progress of Charlottesvilte reported.


McGregor McCance, a university spokesman, said Sullivan signed the letter because she
"believes that the current laws regarding benefits for same-sex partners place the University of

Virginia and public higher education in [the state] at a competitive disadvantage."


Currently, state law only allows for the university to offer gym memberships to an adult who is not
a spouse but lives in the household of an employee or student.

Tex. Lawmakers Take New Steps Toward Sanctions

Against University Regent


Katherine Mangan

7/18/2014
Members of a Texas legislative committee who have been drawing up articles of impeachment
against a University of Texas regent are expected to announce next month whether they will move
ahead with that lengthy process, which would assure the flagship campus's most dogged critic
many more months in the spotlight.
Frustration and weariness were evident this week as members of the House Select Committee on

Transparency in State Agency Operations grilled system officials about their relationships with the
regent, Wallace L. Hall Jr.
The Dallas businessman has flooded the flagship campus here with open-records requests in his
search for clues to potentially shady dealings in admissions and spending. Gov. Rick Perry, a
Republican who has appointed every member of the Board of Regents, has defended Mr. Hall's
digging, while the university's boosters and alumni have condemned it as a muckraking expedition
against the flagship's president, William C. Powers Jr.
Both the president and the chancellor, Francisco B. Cigarroa, have announced their resignations,
the president's after a bruising public battle that nearly led to his forced ouster by the regents. Dr.
Cigarroa plans to return to pediatric transplant surgery.
Both were described during Wednesday's hearing as casualties of long-festering tensions
between the university system and the flagship that only worsened with Mr. Hall's aggressive
pursuit of information. Mr. Hall, who has requested hundreds of thousands of pages of public
documents, including the president's personal travel records, has said he is simply doing his job
as a regent. He has refused, however, to testify before the transparency committee or to offer
witnesses.

The committee found in May that grounds exist for impeaching Mr. Hall. If the impeachment
articles the committee has been drawing up are approved, they would be sent to the House for a
vote, then on to the Texas Senate for a trial. If convicted by the Senate, Mr. Hall could be removed
from office.
'An Interrogation'
State Rep. Four Price, a Republican who serves on the transparency committee, asked his fellow
members on Wednesday to consider an alternative to impeachment such as a public censure or
reprimand of Mr. Hall, along with guidelines to help university regents statewide govern more
effectively.

Some committee members have hinted that they have little appetite for a lengthy impeachment
trial that would continue to keep Mr. Hall in the limelight at a time that the university is trying to
heal.

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At the same time, members of the committee scolded system officials, including the chancellor
and the board president, for allowing Mr. Hall to continue hammering away at his requests of the

flagship's administrators and doing little to stop him. Committee members cited a lengthy email
exchange in which Mr. Hall insisted on having a one-on-one meeting with the admissions director
at Austin, Kectra Ishop, who has since taken a job at the University of Michigan at Ann Arbor.
(University of Texas officials said the move was not related to Mr. Hall's inquiry into allegations
that some lawmakers have gotten favorable admissions treatment for their relatives and
constituents by sending letters of recommendation directly to Mr. Powers.)
Dr. Cigarroa told the committee on Wednesday that he had made it clear to Mr. Hall that meeting
atone with the admissions director wasn't appropriate because it would be viewed as "an
interrogation."
Mr. Hall continued to insist that such a meeting, which Mr. Powers also opposed, take place,
according to the email exchange, which was first reported by The Texas Tribune and later
obtained by The Chronicle through an open-records request. The reason the meeting did not
occur was that the Travis County district attorney's office intervened, saying Ms. Ishop might be
called as a witness In its criminal investigation of Mr. Hall's handling of private student information.

A Slippery Slope'
Paul Foster, chairman of the Board of Regents, pushed back against suggestions that the regents
needed to be reined in.
"It's a slippery slope," he said, "when you start telling boards that they can't ask questions and
limit the availability of data and information."
Mr. Foster also said he was "offended" by the committee's three letters to regents asking them not
to fire Mr. Powers while their investigation was still under way.
"Legislative directives wouldn't be necessary if you had your house in order," a co-chair of the
committee, State Rep. Carol Alvarado, a Democrat, responded.
In May, Mr. Foster publicly asked Mr. Hall to resign, but he refused and the matter was dropped.
"He has every right to ask all of those questions," Mr. Foster said, "but his style leaves a little to be
desired." Mr. Hall did not respond to a request for comment on Wednesday.
Mr. Powers, whose testy relationship with system officials was well known, was the same kind of
"lightning rod" and "distraction" that Mr. Hall had become in his digging for incriminating
information about the flagship's operations, Mr. Foster said.
Committee members noted that the university system had been able to force out Mr. Powers, but
didn't seem to be able to do anything about Mr. Hall.
'Every Opportunity'
State Rep. Dan Flynn, a Republican who is the committee's other co-chair, declined, in an
interview on Thursday, to speculate on whether it was likely to recommend impeachment when it
next meets, on August 11. "Our job is to do a thorough and fair investigation," he said. "It's
unfortunate that Regent Hall did not choose to testify. He was given every opportunity."
The transparency committee also asked Dr. Cigarroa for more details on why he had called on Mr.
Powers to resign despite his assessment that the president had done an "exemplary job" in many
respects. The chancellor said Mr. Powers had leaked information from a private conversation in
June, attended only by the president and the chancellor, which he said violated an agreement
they had made to improve communications and cooperation.
"My biggest issue is focused on trust and my inability to communicate with any president about
sensitive information," Dr. Cigarroa said, Without it going public and adding to the strife that has
become a national issue." A spokesman for Mr. Powers said he declined to comment.

How Do You Plan the Campus of the Future? Try Not To.
Avi Wolfman-Arent

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7/18/2014
Dan Huttenlocher doesn't like walls. This isn't so much an aesthetic preference as it is a practical
concern. Walls divide people and define spaces. They restrict movement. They discourage
exchange. And they're a pain to move if your needs change, especially when they're stuffed with
cables, ducts, and other infrastructural accessories.
Mr. Huttenlocher is certain his needs will change. As dean of Cornell Tech, a closely watched

collaboration in New York City between Comell University and the Technion-lsrael Institute of
Technology, Mr. Huttenlocher is overseeing the creation of an institution dedicated to technological
innovation, academic experimentation, and the kind of serial flexibility those two principles require.
"My goal as the dean is to create an environment where everything can be repurposed," Mr.
Huttenlocher says.

He and his team are in the tenuous middle stages of planning and building exactly that: the
chameleon campus, a space where interchangeability permeates everything. As Cathy Dove,
Cornell Tech's founding vice president, puts it, 'We want to embody the principle of iteration."

This attempt at building in nimbleness is a hedge against the hissing pace of technological
change. Cornell Tech expects to open its first buildings in 2017 and its last two decades later. Yet
the campus is being planned now by people who know they cannot imagine how the intervening
years will change the way we interact with the digital world, maybe even with each other. In
shunning any semblance of permanence, Mr. Huttenlocher hopes to answer the central question
of this daring and expensive endeavor: "How do you do something that's technologically
advanced that isn't immediately technologically dated?"
To ask it another way, how do you create a new institution in an age where everythingoffice
design, intelligent infrastructure, cloud computing, classroom technologypresents some

opportunity to break with the past? What do you build? What do you wire? What kind of
interactions do you encourage? Some institutions might create committees to try to anticipate
specific changes. Cornell Tech is determined to do the opposite. Those responsible for building
the campus of the future won't pretend to know what the future holds. They only hope they're

building something malleabte enough to handle it.


A Campus Unlike Any Other
Cornell and Technion joined forces in December 2011 when New York City selected them to build
an applied-science graduate school on Manhattan's Roosevelt Island. The announcement

followed an intense and highly publicized competition among the Cornell-Technion partnership
and six other higher-education groups, all lured by the city's offer to donate land and contribute to
capital costs. The Cornell-Technion partnership won based on the strength of its coalition and the
grandiosity of its plans: two million square feet, 2,000 students, 280 professors, $2-billion. Michael
R. Bloomberg, who was then New York City's mayor, called it "far and away the boldest and most
ambitious" proposal received.
Even after winning the competition, Cornell Tech isn't easing off its lofty promises. Its website
boasts, "We're creating a campus on Roosevelt Island that's unlike any ever created in higher
education." At present that campus is a demolition zone containing the carcass of what was once
Goldwater Memorial Hospital. But behind the scenes Cornell Tech's soaring rhetoric is beginning
to take the shape of hard commitments.
This summer Cornell Tech finalized the construction design for its first academic building. It has
also made crucial decisions about its IT infrastructure and begun experimenting with classroom

technologies. Earlier this year the institution released a video detailing the first phase of the
project, which will include a residential tower, a "colocation building" for industry partners, and the
first academic building. Rubber, in other words, is meeting road, and it starts with what Mr.
Huttenlocher calls the "hardscape."

That includes the floor plan for the first academic building, which was finalized just two months
ago. The second, third, and fourth stories of the five-level structure are stunningly undefined,
dominated by large, uninterrupted spaces. Classrooms? Faculty offices? The building will have
little of the former and none of the latter. Instead there are "office zones," which will be filled with
workstations; those seeking some form of enclosure can enter a "huddle room," "swing space,
"collab" room, or "hub lounge." The entrepreneurial patois, conspicuous as it sounds, reflects a

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real attempt to break down traditional academic boundaries.


'We want this building to support and encourage collaboration across very different groups of
people who might normally be siloed in different places across a university," says Mr.
Huttenlocher. "That's a goal that we don't see changing over a 75-year time frame."
Already, though, Mr. Huttenlocher says he's getting pushback from faculty members on the
absence of offices. "My goal as the dean is to create an environment where it will be very
open-plan like this. Does every faculty member agree with that view? No," Mr. Huttenlocher says.
He adds, "I don't know whether I'll be successful in that cultural change or not."

Smart Buildings
Less contentious but equally intriguing is the technology integrated into the building design. David
Wilts, an IT specialist with the design firm Arup and a consultant on the project, says Cornelt Tech
is attempting to create what he calls the "holy grail" of building-management systems, the
so-called smart building.
"The idea of a smart building has been around theoretically for decades," Mr. Wilts says. "It was

first really talked about in great detail in the 70s, but only in the last five years has the technology
price point dropped low enough."
The broad concept is to have a structure where all the building-maintenance functionsheating,
cooling, ventilation, lighting, fire safety, etc.are fully automated and share data with one another
on a common network. For example, the light fixtures in Cornell Tech's first academic building will
have sensors capable of reading room occupancy, and the light-sensor data will feed into an IT
network that also controls the heating, cooling, and scheduling systems. If a room still isn't
occupied, say, 10 minutes after the time for which it was reserved, the lights will dim, the AC will
shut off, and the room will be reclassified as "available" on a room-scheduling app.
Mr. Wilts believes that kind of interchange on a network spanning the campus will open eyes.
"People talk about getting every building system onto a network. That doesn't really accomplish
anything," says Mr. Wilts. "What really accomplishes things is getting the data to actually be
exchanged between all of these different systems and applications."
The exact specifications of the building-management system are not yet certain. Unlike the

physical plant, the fixtures that make up this smart-building network will need replacing about
every decade, the team at Cornell Tech anticipates. How then to create something that works in
2017 but is flexible enough to accommodate the technologies of future decades? Mr. Wilts says
the key "is to use as many open standards and protocols as possible. If you're using open
protocols and open languages, devices then become interchangeable." He points to the
scheduling system, which was designed to accommodate a specific calendar and email program
but has been recalibrated to become "generic."

The long-term effectiveness of this network will rely on the agility and reliability of the campus IT
infrastructure. And on that front, the school is making perhaps its most notable gamble: It will not
build a data center. 'We fundamentally do not have a data center," says Scott Yoest, director of IT.
"We don't even think that way."
Data centers, which house large numbers of servers, cost money. They're bulky. They suck down
energy. They've also been a staple of college campuses for decades, providing the computing
power and local storage necessary to accommodate research and daily use. "It's been amazing
for me after 25 years in IT higher ed to think of a campus without a data center," says Mr. Yoest. "I
stumbled on it for about the first three months."
The idea of building a campus without a data center was Mr. Huttenlocher's. He and Mr. Yoest
had what the latter calls a "heart to heart" about the decision in 2012. The move has obvious
appeal given the quantum leaps in cloud computing, much of it driven by commercial vendors.
Why build your own data storage when industry leaders can do the heavy lifting for you? It's a
notion higher-ed IT professionals say they've been mulling over for a while.
"I guarantee there is no one in higher ed more reliable than Googte," says Sharif Nijim, enterprise
application architect at the University of Notre Dame. "You can't compete with that scale. You can't
compete with that salary paradigm. You're not going to attract that kind of talent. Take advantage
of the fact that other people are landing that talent."

10

of

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Mr. Nijim says if he were starting a campus from scratch today, he'd forgo a data center. "You're
not saddled with all the detritus that's built up over time," he says. "That's your biggest
advantage." But the decision comes with risks, especially at an applied-sciences institution where
data demands should be higher than at, say, a liberal-arts campus. The embedded assumption is
that cloud computing will improve fast enough to accommodate a growing graduate institution.

Finding What Works


In its embrace of technological progress, the data-center decision encapsulates much of the
Cornell Tech mind-set. It also exposes the risk of flirting with what Mr. Huttenlocher calls the
"bleeding edge." In other words, it's great to be at the technological forefront, until the technology
doesn't work.

And at present, there is a whole lot of technology that doesn't work for Comell Tech. Its temporary
campus inside Google's New York headquarters houses all sorts of experimental playthings. One
room has three different videoconferencing systems, setting up a sort of natural selection based
on whichever gets the most use. A device called the BeamProbest described as remotecontrolled Segway meets videoconferencingallows professors to roam the campus hallways
virtually even if in reality they're halfway around the world. And classrooms are outfitted with a
technology that enables laptops to wirelessly transmit to a common flat-screen television. At least
that's what it's supposed to do. "The first round of experiments has been close to a dismal failure,"
Mr. Huttenlocher says.
In 2015, Cornell Tech will begin testing a prototype classroom to be used in the first academic
building. A year after that, the IT team will do what Mr. Yoest calls a "deep dive" on audiovisual

technology. The gadgetry may be the most immediately appealing part of what Cornell Tech is
doing. After all, what would the self-proclaimed campus of "the next century" be without toys? But
to make it to the next century with its reputation intact, the institution's planners will have to avoid

investing too much in the kind of proprietary technology that tends to expire quickly.
There is, in that sense, a sort of Zen to the planning process. Committing to flexibility means
committing to nothing. Embracing technology means not buying too much of it. 'We certainly know
we're going to need classroom technologies," says Ms. Dove, the vice president. "But what will
classroom technology look like in three years? Nobody knows."
In the meantime, Comell Tech will keep experimenting, careful not to make too many
commitments or erect too many barriers. This summer it will create a new testing ground by
turning what is now the capital-planning room into another teaching space. The models and

blueprints will move to another office while the existing room joins with the one adjacent to it.
"That wall is already coming down," Mr. Huttenlocher says, gesturing toward a red wall lined with
splashy architectural renderings. "If I could, I'd take a sledgehammer to it myself."

Jason Langworfhy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
laneo78Q(umn.edu

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Cc: Eric Kaler [ekaler@umn.edu]; Amy Phenix [pheni001@umn.edu]; Brian Steeves


[stee0168@umn.edu]

TO: ALL REGENTS


The following articles related to higher education governance appeared in various
news outlets today:

1. Auditor to review U's drug trial suicide (StarTribune)


2. Golf courses, green? In a new sense, yes (StarTribune)

3. Homework but no home: Colleges struggle to help homeless students (MPR)


4. UMC gives $45,870 to United Wav (Crookston Times)
5. Regents push for standards in selecting student representatives (Minnesota Daily)
6. Student leaders seek to unify University campuses (Minnesota Daily)

Manage Folders...

Auditor to review U's drug trial suicide


Jeremy Olson

6/18/2014

Minnesota's legislative auditor will review psychiatric research practices at the University of
Minnesota following controversy over the death of a schizophrenic patient in a drug trial 10 years
ago.

While he has declined to investigate the death in the past, Legislative Auditor James Nobles said
Wednesday that he is launching a "preliminary review" of the U's conduct in psychiatric research
overall and in the so-called CAFE drug trial in which Dan Markingson was enrolled when he died

by suicide in May 2004.


Calls for independent investigations of the Markingson case have come in recent months from
Minnesota lawmakers, former Gov. Arne Carlson, the Public Citizen advocacy group, and in a
petition signed by some of the nation's foremost medical researchers and ethicists.
"The issue with them is that [university officials] haven't been as open as people expect them to
be," Nobles said Wednesday.
Nobles sent a request to university President Eric Kaler Tuesday asking for copies of all reports of
"adverse events" that have occurred in psychiatric research studies since January 2004.
Markingson's recruitment into the CAFE study, which was funded by drugmakerAstraZeneca to
compare the effectiveness of three antipsychotic drugs, has fueled concerns even a decade after
he died at age 26. Critics have accused Dr. Stephen Olson, the D psychiatrist who led the study,
of having coercive power because he was recruiting Markingson into the drug trial at the same
time that he was recommending to a court whether or not Markingson should be committed to a
psychiatric hospital.
Olson has denied wrongdoing, and a 2005 review by the U.S. Food and Drug Administration did
not fault him or the university. But Minnesota lawmakers have since enacted a law that prevents a

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psychiatrist from recruiting his own patients into a research study when they are subject to
commitment orders.
Olson's dual role had also been questioned by the state's mental health ombudsman in a report,
but Markingson's death didn't become a public controversy until a 2008 newspaper report and
subsequent articles and advocacy efforts by Carl Elliott, a U bioethics professor.
Earlier this year, the university's Faculty Senate voted to fund an independent review of
psychiatric research practices at the U arguing that the university's academic reputation has
suffered from lingering questions about the Markingson case.
Kaler has endorsed that review, which will be general in nature and won't focus on the Markingson
case.

University officials have defended the psychiatry department in the Markingson case, noting that
prior government reviews did not fault the institution or its doctors. The university also was
dismissed from a lawsuit filed by Markingson's family.
Nobles said he plans to examine the adverse event reports from psychiatric research over the
past decade and any information from the contractor that has been hired to conduct the Faculty
Senate review before deciding whether to proceed with his own full inquiry.
"I certainly hope I can be helpful in resolving" the controversy, he said.

The only official penalty stemming from the Markingson case and the CAFE trial came last
December, when the Minnesota Board of Social Work sanctioned a social worker for exceeding

the scope of her training by assessing patients in the CAFE trial for the severity of side effects and
by dispensing prescription drugs. The sanction also mentioned her failure to respond to family
concerns in a timely manner a reference to the letters Markingson's mother sent, pleading for
her son to be removed from the study because his condition wasn't improving.
"Do we have to wait for him to kill himself or someone else before anyone does anything?" his
mother wrote.
Last month, friends and relatives remembered Markingson on the 10 year anniversary of his
death, and held a demonstration on campus calling for the D to be more accountable about the
handling of his case.
Mike Howard, a longtime friend of Markingson's mother, Mary Weiss, said the passage of time
hasn't lessened the family's desire for answers.
"Ten years?" he said. "I guess if was 20 years, you still keep fighting."

Golf courses, green? In a new sense, yes


Brian Morgan

6/17/2014

Included at the request of a Regent.


If you watched any of last weekend's U.S. Open golf tournament at the famed Pinehurst No. 2,
you witnessed history. Not because of Martin Kaymer's eight-shot win, or even because both men
and women are playing the same venue in back-to-back weeks (although that is a historical
record). History was made because, for once, a major championship venue focused more on
environmental sustainability than on aesthetics. Representing a true philosophical shift in
management, Pinehurst is leading championship golf courses to think of environmental
stewardship.
Follow the numbers:
Twenty-six acres of managed turf removed.
Number of irrigation heads reduced from 1,150 to 450.
Water usage reduced from 55 million gallons to 15 million gallons.

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This event was about sustainability and the long-term future of golf. Not every golf facility can do
exactly what Pinehurst did, but this was a good start to a much-needed discussion.
Golf courses need a sustainable business and agronomic paradigm shift that provides long-term
environmental benefits to the communities and ecosystems where they are located. This change
must start at the industry's very foundation the physical land on which the game is played. With
virtually no new courses being sited nationwide, a growing focus is on the renovation of existing
facilities to address environmental stewardship, social responsibility and economic viability.
The golf industry needs a Pinehurst of the north, because what works for a golf course in North
Carolina will not necessarily translate to golf courses in the Upper Midwest or the northeastern
U.S. We see an opportunity here.

While the effort is still in the planning process, the University of Minnesota plans to transform its
Les Bolstad Golf Course into a living laboratory to conduct research that defines core principles,
integrates science and advances sustainability goals of environmental stewardship through
innovation. In other words, this initiative known as Science of (the) Green is about

renovating a golf course that culturally, philosophically, practically and conceptually will lead golf
into the future through research using the full assets of a land-grant university.

The Science of (the) Green initiative will be successful when golf courses have a blueprint and
innovative solutions that make each property a community asset while using fewer resources,
enhancing the natural environment and recharging aquifers.
What was witnessed on television this past weekend was a dramatic change from the usual lush
golf courses we have come to expect. The University of Minnesota embraces the challenges

ahead for the golf industry and, through its leadership, will define innovative solutions that yield
agronomic, economic and environmental sustainability.
Brian Horgan, of St. Paul, is a professor at the University of Minnesota.

Homework but no home: Colleges struggle to help


homeless students
Alex Friectrich

6/17/2014
Late to the homeless shelter one winter night, William Menday couldn't get a bed, so he spent the
evening riding light rail and buses around the Twin Cities just to stay warm.
And he still had to finish a paper for class the next morning.
Life as a homeless college student eventually took its toll. Burned out and still broke after a few
semesters, Menday dropped out of Minneapolis Community & Technical College in 2012. He does
odd jobs now, hoping to earn enough to stabilize his life and finish his education.
College can be a hard course for anyone, but it's doubly difficult for students who must grapple
with school and find a place to sleep each night. Menday was among an estimated 2,500
Minnesota students in college and homeless. It's a group that goes largely unnoticed and unaided
on campuses.

State officials want to change that. College administrators gathered recently to talk over how to
support homeless students. Keeping them in school and earning a degree or certificate is good for
Minnesota, said Higher Education Commissioner Larry Pogemiller. If the state can help them
succeed, it will pay dividends later on, he added.
Homeless students tend to gravitate toward community colleges because those campuses are
more prevalent and often located near social-service agencies that can meet students' basic
needs, said Jarrett Gupton, a University of Minnesota professor who studies the matter.
Those students may be in difficult circumstances, but homeless advocates say they have typical
teenage aspirations.

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"They're your average young person," said Frances Roen of YouthLink, a nonprofit organization
serving homeless youths in the Twin Cities. "When you ask them what are their hopes and
dreams for the future, their [answer] would look exactly the same as any 17- or 18-year-old across
America."

YouthLink and other agencies are often key to getting the students into college. Staffers there tell
youths about college opportunities, help them fill out college application and financial-aid forms,
and help arrange nearby campus tours and meetings with advisers. YouthLink also provides food,
clothing, lockers and a mailbox.
College often holds more appeal than employment, Gupton added. Many homeless youths figure
they'd get only low-wage, dead-end jobs on the labor market, and see higher education as a ticket

out of their plight.


Once they've enrolled, however, the real struggle begins. Dropping out even if only for a few
months is all too common among the homeless. Their graduation rates are in the single digits,
Gupton estimated far below the statewide graduation/transfer average of 52 percent for
community-college students and 63 percent graduation rate for university students.
Even temporary homelessness during college "creates a shock that really ramps up the risk that
you'll never finish your degree," Pogemiller said.
At a homeless forum at the University of Minnesota earlier this month, one group of education
officials suggested building special youth shelters, so that students such as Menday can live in
safer conditions.

Menday recalled the struggles of life at a regular shelter: dealing with noise, fights and bedbugs,
being urinated on by a drunk, and fending off a man who tried to fondle him while he slept.
Under such conditions, he said, "you're out of it. You want sleep...I'll try to read a book, but my
eyes are too heavy. Most of the time you're like a zombie."
Roughly 58,000 college students across the nation are homeless, Gupton said. It's difficult to get
an exact count, advocates for the homeless say, because they have no residence and often don't
tell anyone of their situation.
Other states have been experimenting with waiving tuition for homeless students or giving those
attending universities priority when it comes to getting into student dorms, Gupton added.
Some U.S. colleges have established food banks, or started centers where homeless students
can find employment.
To Pogemiller, a fund to provide homeless students with short-term emergency money might
prove crucial. "We're looking for that little extra thing," he said, "that might prevent them from
dropping out."
MCTC has won praise for its efforts to help homeless students with food, counseling and
emergency housing. That can be crucial for students such as Menday, who didn't often tell
classmates or instructors that he was homeless.
"You've got to have some sense of pride," said Menday, who added that he's determined to work
hard, save up and finish his degree.

UMC gives $45,870 to United Way


Times Report

6/18/2014

Crookston, Minn. - To benefit future leaders in Minnesota, the University of Minnesota will donate
its share of Pennsylvania State University's forfeited 2013-14 football bowl revenue to 18 youthoriented charitable organizations across the state. Sanctioned imposed on Penn State from
2012-13 through 2015-16 designate all its bowl revenue for charitable donations.

In Crookston, that adds up to a $45,870 donation from the U of M Crookston to the United Way of

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Crookston.

University President Eric Kaler provided an equal share of the $229,368 to each of the
University's five campuses. As a result, the Crookston, Duluth, Morris, Rochester and Twin Cities
campuses will donate $45,870 each to local charities that support youth.
"It's important to support organizations that improve the education, opportunities and quality of life
for our young people throughout the state," Kaler said: "They are our state's future teachers,
scientists, medical professionals, and civic and cultural leaders, and this is an extraordinary
opportunity to partner with communities statewide."

Last year the University of Minnesota donated its share of more than $188,000 to support the
Greater Twin Cities United Way. This year, the U's five campus chancellors were each given the
opportunity to select their own charitable recipients.

UMC Chancellor Fred Wood applauded Kaler's decision to divide the funds equally among the
coordinate campuses.
"This money will do a lot of good in these communities across the state of Minnesota, including
right here in our rural community of Crookston," he said. "We are happy to direct this donation to
the United Way of Crookston, with whom we have partnered for many years. The United Way
works with many youth oriented programs and organizations in our community, and it has a
proven track record of positive impact."
The other U of M campuses are making the following contributions:

Duluth campus: $10,000 to Life House; $10,000 to Damiano Center Kids Cafe; $10,000 to
Mentor Duluth; $10,000 to First Witness Child Advocacy Center; and $5,870 to MyersWilkens Community School Collaborative.
Morris campus: $5,733 will go to each: Lazos of Morris; Someplace Safe of Morris; Morris
Area Arts Boosters, Inc.; Morris Community Education Youth programs; Prairie

Renaissance Cultural Alliance; Dakota Wicohan projects; White Earth Nation's Ochki
Manidoo (New Spirit) Fund; and Prairie Wood Environmental Learning Center.
Rochester campus: $25,870 to Rochester Area Family YMCA; $10,000 to Boys and Girls
Club of Rochester; and $10,000 to United Way ofOlmsted County.
Twin Cities campus: $45,870 to Greater Twin Cities United Way.
The total of Penn State's forfeited share this year is $2.752 million.

Regents push for standards in selecting student


representatives
Daily Editorial Board

6/18/2014

The University of Minnesota's Board of Regents passed controversial standards for student
representatives earlier this year, and they've already affected candidate selection.
Among other policies, the board set a GPA floor of 3.0 for candidates, which has since dropped to
2.5, at the time of election. The Minnesota Daily Editorial Board, along with other student leaders,
disapproved of the policy.
However, when a committee of student government leaders picked part-time graduate student
Greggory Reid as their student representative in April, another new policy came to the forefront,
which allows only full-time University students to become a representative on the board. The
board passed the policy amendment in March, which blocked Reid, who was taking only three
credits when he applied to the board.
Lowering or eliminating the GPA requirement should be the board's first step. Student
representatives are also requesting that the credit load rule be more accessible for graduate
students, who are often enrolled part time.

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The next step should allow all University students, such as Reid, to join the board regardless of
class load. If the Minnesota Student Association and the Graduate and Professional Student
Assembly are willing to endorse a student representative candidate, the board should trust
students to select them. This decision is for students to make, not the board. Because of this
policy, University student government was unable to select Reid, who has a whopping 19 years of
experience working with students. Who is this policy supposed to benefit?
Due to this recent controversy, we should have an open discussion about the need for these
policies and what authority the board should have to limit students' choice for their own
representatives.

Student leaders seek to unify University campuses


Blair Emerson

6/18/2014
In their final report of the year, student representatives to the Board of Regents highlighted the
need for the University of Minnesota to operate more efficiently as a multi-campus system last
week,

University administrators often focus too much on the Twin Cities campus, said the student
representatives, who would like to see more cross-campus learning opportunities and student
events.

"I feel like other campuses can sometimes feet dominated by the Twin Cities campus," said
student representatives chair Meghan Mason.
Some student representatives said their campuses don't receive as much attention as the Twin
Cities campus, which holds more than 75 percent of the system-wide student population.
President Eric Kaler typically visits each of the system campuses at least once per year.
But Joey Daniewicz, vice chair of student representatives to the board, said the Morris campus
which Kaler didn't visit last year has had little contact with central administration.
"It's hard to get around to all of the campuses all of the time," Kater said. "There are a lot of
demands on my time, and I plan to visit Morris next year."
Student representatives also said they want administrators to expand the Undergraduate
Research Opportunities Program to other system campuses so students across the University can
conduct more research.
The program is well-funded and utilized, Mason said, but it could be used more as a mechanism
for cross-campus partnership.
University campuses could unite more through activities like Support the U Day, in which students
talk with legislators and advocate for University funding at the State Capitol, student
representatives said.
The struggle to bring all schools together within a multi-campus system isn't unique to the
University.
Sam Tauchen, former president of the University of Wisconsin-River Falls' student senate, said
many of the system's more than two dozen campuses receive less attention than the University of
Wisconsin-Madison, the central campus.
But in the past couple of years, he said, students at the campuses have tried to reconcile their
differences and come together as a whole.
"We really do come together as students, especially on the shared governance side ... to discuss
issues that affect all 26 schools," he said.
Resolving campus tensions

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While student representatives are considering new ways to collaborate across campuses,
University officials are finding ways to strengthen the system as a whole.
In order to do this, the University must leverage the strengths of each individual campus, said
University of Minnesota-Rochester Chancellor Stephen Lehmkuhle.
University leaders are also no longer referring to campuses outside of the Twin Cities as
coordinate campuses, he said, which used to be common practice.
"A coordinate [campus] implied that we were extensions of the Twin.Cities campus," Lehmkuhte
said, "and that's not what was happening, nor is it in the best interest of a system."
Morris Chancellor Jacqueline Johnson said it's also important to acknowledge that smaller
campuses like Morris have distinct identities and needs.
"Being a part of a system creates some need for awareness that we're not just like the pwin Cities
campus]," she said.
Officials recognize that cross-campus tensions exist among campuses, especially when it comes
to admissions, said Crookston Chancellor Fred Wood.
"Admissions does have a competitive side to it," he said.
Wood said administrators are working on creating an admissions webpage that includes all five
campuses to help prospective students apply to the University.
Kaler said initiatives like the new admissions page will help create a more integrated University
system.

"We're making great strides," he said.

Jason Langworfhy
Board Associate, Policy & Committees
Office of the Board of Regents
University of Minnesota
main: 612-625-6300
direct: 612-626-2266
lane078o(5)umn.edu

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TO: ALL REGENTS


The following articles related to higher education governance appeared in various
news outlets today:

[3 Schedules
^ Skitrip2014

2. This Urban Research University Is Also an Economic Powerhouse (National Journal)

Q UMM

3. Remember the Problems With Mortgage Defaults? They're Coming Back With Student

\^ long-save (19)
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1. U of M chemistry lab explosion injures one (MPR)

Loans (The New York Times)


4. U research faces deep review after scrutiny (Minnesota Daily)

5. U set to speak up about development (Minnesota Daily)

|%j .Manage Folders...

U of M chemistry lab explosion injures one


Jan Collins

6/17/2014

Emergency responders were called to Smith Hall on the east bank of the University of Minnesota
Tuesday afternoon after a small explosion in a chemistry lab injured one person.

Officials evacuated Smith Hall shortly afterwards.


The explosion was limited to one lab on Smith Hall's fourth floor and didn't include a fire, university
spokesman Chuck Tombarge said. D officials believe the explosion was caused by an organic
compound, he added.
'There are a lot of safety precautions," he said. "Our hope is that this never occurs, but accidents
do occur so certainly our thoughts are with that individual who was injured at the time."
The current condition of the victim is unknown. The Minneapolis Fire Department said the victim
was conscious with serious burns when emergency officials arrived.
Crews evacuated about 50 people from the building, monitored for hazards and sealed the
laboratory, but there was no reported fire or structural damage as a result of the explosion, the
department said in a statement.
William Tolman, chair of the Department of Chemistry, said the victim was a post-doctoral
research student. He said the student's sides and arms were injured by shards of broken glass.
Tolman said they're not yet sure exactly what caused the explosion, but that it could be a

compound called trimethylsilyl azide.


"Evidently he was trying to distill it, which is a hazardous procedure it blew up," Tolman said. "It

has all the signs of that type of explosion, not a fire type of explosion but a percussive type of
explosion."

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There was some damage to equipment in the lab, Tolman said.

This Urban Research University Is Also an Economic


Powerhouse
Sophie Quinton

6/17/2014
MINNEAPOLISJian-Ping Wang doesn't like running companies, but he's already
started two, and a third is under way. Wang has also filed 39 patents. "I don't like to
be driven by money, by any other people," says the University of Minnesota
engineering professor. "I like working on something I figure is really interesting,

fundamentally difficult." But Wang also thinks about how his work could be applied
beyond the lab.
Over the past decade, the University of Minnesota has overiiauled its process for
commercializing research discoveries. It's become easier for university
entrepreneurs to start companies, and for existing companies to license and sell

technology produced by university professors and students. The push to get


innovation out of the lab and into the marketplace could amplify the university's
already big impact on the Twin Cities' economy.
There are about 48,000 students enrolled at the University of Minnesota, Twin
Cities, making it one of the largest public-research universities in the country. In
2012, UMTC ranked 14th nationally in higher-education research-and-devetopment

spending, putting it above MIT. The U (as the Twin Cities campus is known locally)
has an $8 million economic impact on the metropolitan area each year, according to
university officials. That calculation doesn't include the impact of research
discoveries. But here are some statistics: Since 2007, 65 companies have come out

of university research. Last year, the university filed 148 patents on behalf of
Minnesota professors and students. According to the Brookings Institution, cities
with high patenting rates tend to have lower unemployment rates.
Wang, with his three companies and 39 patents, is unusual even by top research
university standards. Wang was born in China, and has worked at Minnesota since
2002 as a member of the electrical- and computer-engineering department. His
enthusiasm for his subject is infectious. Most entrepreneurs have a story about
working night and day to launch a business. Wang's story is about working night and

day to build a machine that turns disks of iron silicon or iron cobalt into impossibly
tiny, magnetic particles. The machine, which fills most of a room in Wang's lab, looks

like a metal cylinder exploding.


The idea for his second start-up came when his father died of cancer. "I figured
there must be something that an engineer can do," Wang says. Other rooms in
Wang's lab house testing equipmentcircuit boards, a vial of clear liquid that may
have contained human antibodiesthat he and his students used to create a
technology called "magnetic nanobiochips." The ultrasensitive chips can detect

proteins and DNA that signal the early stages of cancer.


When Wang makes a discovery, he can walk across campus to the Office for
Technology Commercialization to see if the technology is new enoughand has
enough commercial promiseto make it worthwhile to make an intellectual-property
disclosure or file a patent. Most research universities these days have an office that
helps researchers file patents, find companies to license patents, and start
companies.

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Minnesota's office is particularly effective. It's headed by Jay Schrankler, a former


manufacturing executive. "Everyone in our office has come from industry, which is
unique. And we run this like a company," Schrankler says. By hiring people who

understood how both businesspeople and scientists think, the university has
developed better relationships among companies, investors, and academics like
Wang.

OTC helped Wang patent his technology, and funded his efforts to turn the chips into
a product. Wang designed some handheld devices and a desktop system that
include the chips. All doctors or patients have to do is add a urine sample and the
nanobiochip does its work.
OTC also has a business unit called the Venture Center that serves as a startup
incubator. Understanding that researchers like Wang have no interest in giving up
their day jobs, OTC recruits a 'CEO-in-residence'an executive witting to take over
the nascent company. Wang's research became a company called Zepto Life
Technology, now based in the Twin Cities area. One of Wang's former students is
the research and development director. Wang himself has an advisory role and a
small equity stake.
"We talk a lot about start-up companies, but that's only about 10 percent of our
activity here. The other 90 percent are other existing companies that license our
technology," Schrankler says. The university's latest innovation in licensing is a
program called Minnesota Innovation PartnershipsMN-IP, for short. Companies
seeking to sponsor university research can pay more money upfront to get
exclusive, worldwide rights to any resulting intellectual property. There were 41 such
partnerships last year, and they're actually a pretty good deal for the university. Most
of the time, when a company approaches a university for help with a research
problem, it's looking to investigate an early stage idea. There's no guarantee the
grant or partnership will lead to a discovery, and more often than not, the research
doesn't result in a patent.

When Schrankler arrived at UMTC in 2007, there were 193 invention disclosures
(the step that usually precedes patent applications), he says. In 2013, there were
331. He attributes the surge to the Office of Technology Commercialization's
initiatives. But the productivity has been shaped by forces beyond the university, too.
Some federal grants require researchers to state how they would commercialize any
technology resulting from the funded research. The University of Minnesota has to
reach a target number of invention disclosures each year, or the state Legislature

will withhold 1 to 2 percent of the university's base budget. Although federal grants
still make up about 70 percent of the university's research awards, lagging federal
spending has led the university to seek out more corporate partnerships, and those
tend to involve applied research.
Commercialized research can create jobs, businesses, even whole new industries.
A top-flight research university that can jumpstart new industriesas well as support
existing strengths, like the Twin Cities' medical devices sectorcan be an invaluable
driver of economic growth.

Remember the Problems With Mortgage Defaults?


They're Coming Back With Student Loans
Susan M. Dynarski

6/12/2014
Student loans, along with mortgages and car loans, have become one of the three largest sources

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of credit, exceeding credit-card debt. This growth in student debt appears to have caught
regulators unprepared. Compared with mortgages, auto loans and credit cards, student loans are
loosely regulated, and that regulatory weakness is particularly threatening to consumers because
they can't discharge their debts through bankruptcy and escape lenders who are causing them
harm.

Borrowers and the economy at large are suffering as a result. Every borrower in default has
a damaged credit record, which increases the cost of buying a home or car and can result in lost
job opportunities. Many landlords won't rent to someone with a bad credit record.
The parallels with the mortgage crisis are striking. In both cases, the companies managing the
loans have been slow to devise loan forgiveness plans for borrowers who run into trouble, hurting
both the borrowers and the broader economy. In both cases, it often isn't clear who even owns the
underlying loans, further slowing efforts to restructure them.
I'll start with the first of these problems: that so few distressed borrowers are getting help. You
may remember HAMP or the Home Affordable Modification Program which began in 2009 to
allow borrowers struggling with their mortgages to remain in their homes. HAMP relied on
mortgage servicers to restructure the loans, and the results were extremely disappointing. The
goal was for four million borrowers to enroll in HAMP, but in the program's initial year only half a
million homeowners had their loans successfully modified. As of March 2014, the total was 1 .3
million.
Fast-forward five years, and the same dynamic is at work. Federal overseers are pressing
student-loan servicere to restructure repayment plans, so that borrowers can avoid default.
Lenders are dragging their feet, and the number of borrowers in more forgiving repayment plans is
much lower than the number of borrowers in distress and default. The Consumer Finance
Protection Bureau has documented that in many cases loan servicere are unresponsive to
borrowers who want to restructure their payments. Paperwork is lost, resulting in missed
deadlines and missed opportunities for relief. Again, we see that it is risky to rely on lenders to
carry out a task that would clearly benefit borrowers.
This is unsurprising. Student loan servicers have little incentive to prevent borrowers from
defaulting, because the servicers either don't own the underlying loans or, if they do, face few
costs if a borrower defaults. Restructuring a borrower's payments and preventing default requires
effort, and the beneficiary of this effort is the government and the student not the servicer.
The problem is particularly obvious in the Direct Loan program, in which the federal government
owns the student loans and pays sen/icers a fee to interact with borrowers. Here we have a
classic "principal-agenf problem, with the agent (the servicers) having little incentive to act in the
best interests of the principal (the federal government). Carefully written contracts are required to
make such relationships work well; an entire field of economics, mechanism design, is devoted to
studying these contracts. If the principal can't get the incentives right, in some cases she should
just do the job herself. In this case, that would mean the federal government collecting payments
on the loans it makes. Taxpayers would most likely come out better in that situation.
In another echo of the mortgage crisis, "robo-signing" is making a comeback, this time in student
loans. Robo-signing refers to a practice in which bank employees signed blizzards of documents
selling mortgages to another investor without properly verifying who actually owned them. This
impeded the restructuring of distressed mortgages, since no one was sure who had the legal
standing to alter a loan's terms. Student loans, like mortgages, are traded in a secondary credit
market. Robo-signing is cropping up in these trades, with staff members signing off on the transfer
of ownership of a huge number of student loans in a single trade. The National Consumer Law
Center has documented that this has created difficulty for borrowers in distress trying to
restructure their loans.
Consumer protection is particularly important in the context of student loans, because borrowers
have few ways to escape an unhelpful servicer. Borrowers don't choose their servicers; they are
assigned by the owner of the loan, whether that's the federal government or a private bank.
Even bankruptcy doesn't sever the tie between a borrower and a lender, since student loans
survive bankruptcy. Legally, federal student loans have long been presumed to do so. Since 2005,
even private loans (which, unlike federal loans, typically require a co-signer) are presumed to
survive bankruptcy. Student lenders and servicers therefore have a captive customer.
Most students can repay their loans without running into major problems. But the number who do

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struggle is significant, and the struggles can come to dominate their financial lives. As with
mortgages, credit cards and auto loans, students loans keep our economy ticking. They make it
possible for millions of students to invest in education. But when they don't work well, they create
major problems for borrowers and for the economy at large.

U research faces deep review after scrutiny


Anne Milterbernd

6/18/2014
The University of Minnesota will undergo two external reviews evaluating its past and current
clinical research practices after having been a yearslong source of scrutiny.

Minnesota legislative auditor Jim Nobles said Tuesday that his office will perform its own review of
the University's clinical drug trials spanning the past 10 years. And earlier this month, the

University announced that it had hired a third-party accrediting body to manage a review of its
practices involving clinical research on human subjects dating back to 2011.

The legislative auditor's office will look at drug trials stretching back to 2004, the same year
psychiatric clinical trial participant Dan Markingson committed suicide, which helped spark a
decade of controversy and calls for further review of University research practices.
Nobles said he's not certain whether the investigation will take an in-depth look specifically at
Markingson's case, but Mike Howard, a friend of Markingson's mother, Mary Weiss, said he's
pleased with Nobles' initiative.

"If there's one office that certainly has the integrity to look into things, it would certainly be Jim
Nobles' office," Howard said.

Nobles said he has begun drafting a letter to University President Eric Kaler requesting data and
will move forward from that, likely putting together a committee to do the review. He said the
process is still in its early stages.
Associate bioethics professor Leigh Turner said he and other faculty and staff members have
called for reviews from government offices like the attorney general's, but he didn't expect the
legislative auditor to be the one reviewing the clinical practices.

Still, Nobles said this investigation Is within the scope of his office, and the review will not focus
simply on the University's finances.
"We go way beyond doing just financial work," he said. "We have a long record of doing [these]
kinds of evaluations."
Kaler and other University officials met with former Gov. Arne Carlson on Monday to discuss
research involving human subjects, University spokesperson Chuck Tombarge said. Turner, who's
been outspoken about the Markingson case, said Carlson initially asked him to be in the meeting
but said Kaler nixed that invitation.
Still, Turner said he thinks this investigation will prove more credible than the one the University
hired the third party to manage.
"This looks much closer to the notion of an outside body conducting a genuine investigation," he
said, "and so I think that's a really significant development."
Review plans cause contention
In light of Nobles' investigation, the third-party review will continue as planned, Tombarge said.
For that, the University hired the Association for the Accreditation of Human Research Protection
Programs to manage a review of its clinical research practices, particularly on human subjects
with limited ability to consent, dating from 2011. Four independent experts will perform the review,
according to a May 19 proposal to manage the review from AAHRPP.
The review should last six months and its proposed budget is $141,900, the proposal said.

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However, some are skeptical of the objectivity involved in the investigation. AAHRPP accredited
the University's Human Research Protection Program in 2005, 2007 and 2010 a fact Turner
said shouldn't be ignored.
"Because AAHRPP is already doing accreditation of the research protection program," Turner
said, "it's probably better for some other body [do this]."
But Vice President for Research Brian Herman said because AAHRPP as a whole has no part in
the investigation, findings or recommendations, there is no conflict of interest. AAHRPP's role is to
do things like pay experts running the review, manage documents and help organize interviews,
he said.
Another source of concern has been Jeremy Sugarman, one of the selected reviewers. Sugarman

has consulted for Quintites, which helped manage the drug trial in which Markingson was
involved, called the Comparison of Atypicals in First Episode of Psychosis.

Herman said the University didn't catch the conflict of interest initially, but it has since been
recognized and Sugarman has agreed to remove himself if his participation creates a conflict of
interest.
Howard said though he's glad the University is ensuring its current practices are in line with
national standards through the third-party review, he wasn't satisfied that the review won't include
controversial cases before 2011.
"These [cases] didn't happen last year some of them happened three or four years ago," he
said, "and those are the ones the 'U' [is] afraid of."
The AAHRPP review was prompted by calls from faculty and staff members asking for a review of
the University's clinical practices on human subjects, particularly in relation to Markingson's death,
Faculty Senate Consultative Committee Chair William Durfee said.
The Faculty Senate reached a middle ground, he said, by pursuing an investigation that would
ensure current practices are meeting or exceeding national standards.
Turner said the University could benefit from the legislative auditor's review, as it will bring closure
to a decade-old controversy.
"It has potential to just simply be good news for the University," Turner said. "This is a story that's
kind of gone on in an unresolved way for a very long time, and [by] having a legitimate,

independent investigation, [it] will hopefully be done in a definitive way."

U set to speak up about development


Tyler Gieseke

6/18/2014

As neighborhoods surrounding campus continue to change rapidly, University of Minnesota


administrators are making plans to become more vocal about their opinions on area development.

Top University officials say it's time the institution has a bigger influence on developments in
campus-area neighborhoods, so they're now rolling out a plan to ensure the University has a
voice through collaboration with local policymakers.
On Friday, University leaders presented their strategy to the Board of Regents, which will vote on

the plan in the fall.


"We need to constantly be on top of our game," said Vice President for University Services Pam
Wheelock. "Development is occurring and private investment is occurring at a rate that we have
not seen previously."
As part of that effort, she said, the University could reach out to alumni to help influence public
policy. The University could also get more involved with governmental groups it traditionally
hasn't, like the Minneapolis Park and Recreation Board.

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The University will also consider sending representatives to City Council meetings to express the
institution's opinions on crucial changes in neighborhoods around campus, said Jason Rohloff,
special assistant to the president for government and community relations.
While the administration's report to the regents acknowledged that Minneapolis government has

final jurisdiction over things like development planning and regulation, Wheetock said the
University will still express its opinions on issues it deems important.
Minneapolis government and the University are already working together more than in the past,
said Ward 3 City Councilman Jacob Frey, who represents parts of Marcy-Holmes and Dinkytown.
Since Frey took office in January, he said, he's worked with University officials to address April's
Dinkytown riots and prepare for the debut of the Green Line, which connects the University to
downtown Minneapolis by rail.
"It really does help to have [administrators'] input," Frey said.
A majority of Minneapolis City Council members are new this year, so the University is working to
solidify its voice over time, said University Community Relations Director Jan Morlock.
Administrators pointed to both last fall's spike in crime and a quickly changing housing landscape
in the University area as primary reasons for the new approach.
In the past, the University was largely a commuter school, Wheelock said, and students often
lived in suburbs if they didn't have on-campus housing. Now, as apartment complexes continue
sprouting in Dinkytown and Stadium Village, she said many students live either on campus or just
a few blocks away.
"This has redefined our sense of campus, and it has redefined [students'] sense of the campus as
well," Wheelock told the board on Friday.
Neighborhoods near the University are now dominated by people connected to the institution,
Wheelock said, so it's important to promote safety and livability in those areas.
During the fall's rise in crime, the University coordinated with the Minneapolis Police Department,
asking it to increase patrols in the Dinkytown area.
The University plans to track the outcome of its new approach through data like crime statistics,

Chief Financial Officer Richard Pfutzenreuter told the board.


Besides safety, University officials plan to promote a diversity of residents and housing options in
nearby areas.
If a neighborhood is mostly filled with rental housing and students who leave after just a year,
Rohloff said, that area might suffer, since students often don't invest time and energy into

improving a district. But a family who plans to live in the neighborhood for the long term would
likely take care of it, he said.
"We think having long-term home owners is important for neighborhood stability," Wheelock said.
The University also wants a variety of housing options so students can live near campus after they
graduate and continue to be a part of the community, Wheelock said.
Providing affordable housing for recent graduates is also a goal for Frey. He said working on
those types of issues is easier when the University shares its opinions.
Regent Peggy Lucas, who's a Minneapolis resident and is involved in small, local development
projects, said she's excited about the University's plans. Several other regents also expressed

support for the initiative.


"I'm really happy to see the University making this a priority," Lucas said.
It will be important to make sure the many new apartment complexes remain up to code, she said,
since they'll all grow old at the same time and partnership with the city could help ensure that
happens.

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Playing an active role in neighborhood development will also affect how competitive the University
is nationally, President Eric Kaler said.
"The environment that we're in, and around the Minneapolis campus in particular, is going to be
important as we grow the prestige of the institution," he said.

Jason Langworfhy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
laneo78Q(Sumn.edu

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Cc: Eric Kaler [ekaler@umn.edu]; Amy Phenix [pheni001@umn.edu]; Brian Steeves


[stee0168@umn.edu]

TO: ALL REGENTS


The following articles related to higher education governance appeared in various
ii news outlets today:

[_^ Schedules

1. Legislative auditor to review drug trial practices at U of M (FOX 9)

[.3 Skitrip2014

2. Three-vear contract for MnSCU chancellor reached in October draws fire (StarTribune)

03 UMM

3. The $6 Solution (The Chronicle of Higher Education)

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Legislative auditor to review drug trial practices at U of

Jeff Baillon

6/17/2014
The report can also be viewed on the FOX 9 website.
MINNEAPOLIS (KMSP) - After a series of reports from the Fox 9 Investigators, Minnesota's
legislative auditor will turn his eye to review 10 years of drug trials conducted by the University of
Minnesota's Department of Psychiatry.
After a second patient came forward about his experience, state lawmakers sent a letter to Jim
Nobles and asked him to take action.
"We believe it is important to know how many subjects have died or been seriously injured in
psychiatric research studies undertaken at the University," the letter read in part.

Nobles told FOX 9 News he will launch an investigation that looks at the past decade of drug trials
- including the case of Dan Markingson, a research subject who died trying to decapitate himself.
"Partly because of some of the reporting you've been doing, there has been heightened concern

about what has happened at the University and the lack of openness by the University about what
has happened," Nobles explained.
The investigation will also review the case of a man who told the Fox 9 Investigators he suffered
serious side effects after being coerced to take part in a study for an experimental drug to treat
schizophrenia.
"Then they say, 'You have a giant medical bill and if you do the research, you won't have this giant
medical bill,'" he relayed.

Nobles said his office will work to determine if any deaths or injuries can be linked to the
University of Minnesota's research, and he will also review how people were recruited and
whether or not doctors committed ethical lapses after accepting money from dmg companies to
do the studies.

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"I want to do it in a very responsible, appropriate, thoughtful way," Nobles said. "I don't want this to
just continue and linger."
Former Minnesota Gov. Arne Carlson has also been following the Fox 9 Investigation and took a
personal interest in the controversy. On Monday, he met with the U's president, Eric Kaler, to try to
get some answers.
"You have victims in this," Carlson said. "You have real victims in this and your channel has
pointed that out."

Kaler would not allow the Fox 9 Investigators into the meeting and refused to speak with Fox 9
Investigator Jeff Baillon afterward; however, Carlson and Kaler were behind closed doors for an
hour.

"I think we're making progress," Carlson reflected. "It's a bit slow, but I think it's going to work out."
Critics of the U - including some of its own professors - hope the auditor's investigation will finally
reveal what, if any, secrets the institution has been keeping from the public.

Three-year contract for MnSCU chancellor reached in

October draws fire


Jenna Ross

6/16/2014
Monday's announcement that the Minnesota State Colleges and Universities system gave its top
executive a raise and a new, three-year contract last October drew criticism from a top
lawmaker and the union that represents the faculty at seven state universities.
Chancellor Steven Rosenstone will make $387,250 in base salary for the coming school year, a
1.8 percent increase. He also will receive a $43,160 boost to allowances for transportation and
other expenses, MnSCU said.
A professor sent the contract to the media Friday. On Monday, MnSCU sent out a news release
"due to interest from the media," a spokesman said.
Clarence Hightower, chairman of the MnSCU board of trustees, negotiated the agreement. He

said that after the board in June unanimously gave him the authority to negotiate with
Rosenstone, it did not vote on the final deal but there was "not an expectation that it would."
"It's the same process we used three years ago when we hired Chancellor Rosenstone," he said.
There was no vote, news release or announcement then, either, he said.
Hightower said that some board members "learned as late as yesterday" about the signed
contract.

Rep. Gene Pelowski, chair of the House higher education committee, blasted MnSCU leaders for
settling Rosenstone's contract while testy negotiations with the universities' faculty union drag on.

Those leaders promised lawmakers during the last legislative session that if they approved $17
million for the system, the contract for those 4,000 faculty members would be settled "within days,"
said Pelowski, D-Winona.
"Well, it's been a month or more," he said. "Then the most expensive contract you have,you
settled in October? And now we find out about it?"
The public deserves a more open process, Pelowski added. "If you look at openness in
government and take a smell test, this stinks."
It's been more than three years since Rosenstone was picked to lead MnSCU a network of
seven state universities and 24 community or technical colleges with more than 430,000 students.
His contract expires July 31 . It says the trustees "may renew or continue the chancellor's
appointment only by a majority vote of the board."

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The new agreement, which starts Aug. 1, eliminates a performance bonus of up to $50,000 a
year, a response to lawmakers banning such bonuses during last year's session. Rosenstone will

get $42,300 a year for housing, $15,000 for transportation and $7,800 for professional
development.
The increases bring his total compensation "in line with that of other leaders of higher education
systems nationally," the MnSCU news release says. Rosenstone's current pay ranks 23rd among
65 heads of similar systems, according to an annual ranking by the Chronicle of Higher Education.
MnSCU spokesman Doug Anderson said the contract approval "is consistent with practices in
recent years."

Hightower, who was appointed to the board in 2002, said that he can't remember ever voting on a
contract for former Chancellor James McCormick. But news articles and meeting minutes mention
board votes on McCormick's compensation. One 2002 report said that the 15-member board
reviewed McCormick's performance and "voted unanimously in favor of the raise and extension."
Board minutes from December 2005 also note the board approving a raise for McCormick.
Criticism is 'fair'
The faculty "absolutely have the right" to call the board out, Hightower said. "That's fair. Hindsight
always gives us an opportunity ... to look at how we do things."
News of the contract comes as Rosenstone is about to get a performance review. A committee,

led by Hightower, will give its report to the board of trustees July 18.
"I want to know how they expect the average Minnesota citizen to understand why they would give
a contract extension nine months before they performed an evaluation," said Nancy Black,
president of the Inter Faculty Organization, which represents university faculty.
Her group already delivered Rosenstone a harsh job review, criticizing him for "the erosion of the
missions of the state universities." In a statement last week, Hightower responded by saying the
board supports Rosenstone "unanimously and without reservation."
Monte Bute, a sociology professor at Metropolitan State University, sent the letter to media and
was surprised by Monday's news release, which did not mention when the contract was signed.
He said he's concerned about that "lack of transparency."
"For what purpose are you doing a performance review?" Bute said. "You've already rewarded
him."

The $6 Solution
Beckie Supiano

6/13/2014
A White House summit on college opportunity in January featured more than one Cinderella story.
A young man named Troy Simon told the invited group of educators and advocates how he lived
for a year in an abandoned building in New Orleans and did not learn to read until he was 14, but
made his way to Bard College, where he was a sophomore studying American literature. He
introduced Michelle Obama, whose journey from her modest Chicago neighborhood to Princeton
University serves as the emotional core of the administration's campaign to broaden college
access.

But stories like Mr. Simon's and Ms. Obama's are rare. Many accomplished high-school students
don't even consider places like Bard and Princeton if they're not born into the country's elite.
Students from the lowest income quartile make up less than 4 percent of the enrollment of the
country's most selective colleges. They may make it to college, but they're likely to be, to use the
lingo of the moment, "undermatahed"attending less-selective colleges than their grades and test
scores suggest they could.

At the White House, David Coleman, president of the College Board, described its efforts to
expand options for top students from less-privileged backgrounds. "We must be committed to

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propelling them into the opportunities they have earned," he said.


The summit was just the latest and largest stage for a conversation about undermatching, which
in the past 18 months has leapt from the pages of academic journals into the mainstream
conversation. None of the research has received more buzz than a pair of studies by Caroline M.
Hoxby, a professor of economics at Stanford University.
Ms. Hoxby's studies, featured at the White House summit, deliberately avoid using the term
"undermatching'she says students' college-going decisions are more complicated than
thatbut, even so, her research has become synonymous with the term. The two papers consider
low-income students whose grades and test scores put them in the top 4 percent of achievement
and colleges ranked in the top 230 or so by Barren's. As a result, much of the discussion now
revolves around that world.
One paper, written with Christopher Avery, a professor at Harvard University's John F. Kennedy
School of Government, finds there are tens of thousands of such students and describes their
college-application behavior. The other, written with Sarah E. Turner, a professor of economics at
the University of Virginia, tests whether mailing such students information and application-fee
waivers changes where they apply and ultimately enroll. The College Board is now expanding that
experiment, which found that the low-cost intervention made a difference.
The White House is enthusiastic. Helping students make better college choices, says James
Kvaal, deputy director of the Domestic Policy Council, is "an inexpensive and effective way to help
our country produce more college graduates." But critics say policy makers expect it to achieve
more than it possibly could.
They contend that the hype around undermatching, particularly the focus on high-achieving,
low-income students, is a distraction. Colleges and policy makers should be grappling with
broader, systemic changes needed to make the higher-education system more equitable. It
"diverts attention from other things that would have better impacts," says Michael Bastedo, an
associate professor and director of the Center for the Study of Higher and Postsecondary
Education at the University of Michigan at Ann Arbor.
In the end, the focus on undermatching is friendly to the status quo, says Anthony P. Carnevale,
director of Georgetown University's Center on Education and the Workforce. "It is uncritical of the
selection system. It basically says keep doing things the way you're doing them and we can find a
few more exceptions to the rule and go on and admit alt the rich kids."
So why has the research attracted such a spotlight? Well, for many reasons. Its path to
prominence reflects policy makers' hunger for measurable problems and cost-effective solutions.

It highlights how comfortable elite colleges are with the existing hierarchy of institutions. Perhaps
most of all, it shows how badly Americans want to believe that their societyand the highereducation system in particularrewards talent, not privilege.
While the term "undermatching" is fairly new, researchers have been studying college choice for
decades. The purpose of policy discussions used to be access, simply getting more students into
college, says Jessica Howell, executive director of policy research at the College Board. Where
they went wasn't terribly important.
But the focus has shifted in recent years, from access to completion. And once graduation is a
goal, distinctions among colleges do matter, a lot.
Using data from local public schools, the University of Chicago Consortium on Chicago School

Research published a pivotal study in 2008 demonstrating that students there did not attend the
kinds of colleges their level of preparation suggested they could. That study and more by the
Chicago consortium and other groups considered a broader population than just students who

might go to the top colleges.


Another group of researchers, William G. Bowen, Matthew M. Chingos, and Michael S.
McPherson, soon found a similar pattern in North Carolina, which they documented in the book
Crossing the Finish Line in 2009, coining the term "undermatching," as far as they can tell. One of
the book's main findings was that whatever students' grades and test scores, they had a better
shot at graduation at a more selective college.
At the time, that was a surprising insight, says Mr. McPherson, a higher-education economist and
former college president who now leads the Spencer Foundation.

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According to conventional wisdom, if a student went to a college where he would be at the bottom
academically he might flounder. So discovering that students were actually better served at a
more-selective collegeat least when it came to graduatinghad important implications. If they

undermatched, they risked the possibility of starting college and leaving without a degree.
Crossing the Finish Line also established that students with lower socioeconomic status
undermatched at higher rates than did their more-privileged peers.
Beyond the new focus on completion, some elite colleges' decisions to offer more-generous
financial aid also prompted interest in undermatching, says Ms. Howell. The policies raised the
question of whether there was an untapped pool of low-income students who would apply if they
thought they could afford such collegesand be admitted.
Ms. Hoxby and Mr. Avery set out to answer that question for Harvard in particular, whose new
policy, announced in 2004, said, among other things, that parents earning less than $40,000
would not be expected to contribute to its cost for their children. With the program in place, the
share of students in Harvard's entering class who were low-income increased, the researchers
foundthe percentage of students with family incomes of $60,000 or less grew from just under 15
percent for those who entered in 2004 to more than 16 percent for those who entered in
2005without affecting its admissions standards.
But many apparently qualified low-income students still hadn't applied. How many? Another paper
by Ms. Hoxby and Mr. Avery estimated that 25,000 to 35,000 high-achieving, low-income students
are among each year's high-school graduates in the United States. The vast majority, the paper
found, do not apply to any selective college.
In March 2013, Ms. Hoxby announced the successful results of the experiment testing the
information packets and fee waivers, a randomized controlled trial. Now there was both evidence
of the scale of the problem and an inexpensive solutioneach set of materials cost only about $6.
Right away, the College Board announced that it would adapt and expand the experiment. The
organization is always looking for solutions that are evidence-based and scalable, says Steve
Colon, vice president of its Access to Opportunity program: This was both.
All of this led to a flurry of public attention. The experiment was written up in The New York Times.
Last June, Ms. Hoxby presented a policy proposal for expanding the program at an event in
Washington put on by the Brookings Institution. In September, the State of Delaware announced
that it would use similar strategies to reach out to students. Then came the White House summit.
The gathering was part of the administration's effort to reform higher education in ways that don't
require Congressional action. And policy makers are naturally attracted to cheap solutions.
This one is so cheap, says Mr. McPherson, "it's like magic."
But how effective wilt changing the colleges students consider really be at producing more
graduates? Ms. Hoxby and Ms. Turner say they are not making any claims. They declined to be
interviewed for this article but agreed to answer some questions jointly via email. "We hypothesize
that improving information about college choices might improve college outcomes significantly,"
they wrote. But "to think of collegiate attainment as one problem in need of one solution
oversimplifies."
Undermatching research in general has met with at least one serious scholarly critique, in a
review essay in which Mr. Bastedo, of the University of Michigan, and Allyson Flaster, a Ph.D.
candidate there, questioned some of its core assumptions.
Measuring undermatching, they wrote, means separating colleges into tiers of a hierarchy and

predicting which students would be likely to get in where. They challenge researchers' ability to do
either adequately. It isn't clear that colleges are sorted on the "margins that matter," they argue.
The differences among colleges are significant when it comes to the extreme ends of the
spectrum, they write, but the middle is more muddled. And even when students' grades and test
scores are known, predicting their chances of admission is fraught, given selective colleges'
holistic evaluations. And in the end, they argue, getting more low-income students to attend match
colleges won't be enough to make the higher-education system less stratified.
Ms. Hoxby, who has a reputation for responding sharply to criticism, told Inside Higher Ed to
"simply ignore this low-quality study."

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She and Ms. Turner declined to comment on that reaction in their emailed responses to The
Chronicle, but provided a more detailed response to the criticism. "We have repeatedly
emphasized that distinctions among colleges need to be measured accurately and their effects on
outcomes need to be tested using rigorous, scientific methods," they wrote. "First, we are using a
randomized controlled trial to test whether students have different outcomes as a result of
attending different colleges. Second, in our recent paper, we cite only (he convincingly causal
evidence on the effects of attending different colleges." The researchers didn't make assumptions,
they argue, but ran an experiment.
If the policy discussion is fixated on elite higher education, that's not accidental. Scholars and
policy wonks are often themselves the products of elite colleges, says Jeffrey Smith, a professor

of economics and public policy at Michigan who has studied undermatching. That's the world they
know, and its future membership matters to them.
Finding opportunities for high-achieving, low-income students also resonates emotionally. To be
flip, says Awilda Rodriguez, a research fellow at the American Enterprise Institute who has
studied undermatching, "it's the homeless-to-Harvard story." Nobody said selective college
admissions is fair, but the idea that qualified low-income students simply don't know they could go
to elite colleges feels viscerally unfair.
And focusing on such students is appealing because the message experts want to send them is
simple. Researchersand the College Boardare very careful to say that they're not trying to get
students to go to any particular college, or even a certain type of college. After all, academics
aren't the only consideration in college choice. "I don't want to tell them where to go," says Mr.
Col6n. "I want to tell them where they could go."
Because the message is simple, and successful high-school students are probably attentive to
written materials, sending them information is likely to be particularly effective. And those students
are arguably an important group. If the country's leaders tend to come out of a handful of elite
colleges, the thinking goes, then making sure low-income students are represented there is one
good way to get a broader group of leaders.
Top students also send a signal to their peers, says Melissa Roderick, the lead researcher on the

Chicago consortium's undermatching work. A district like the Chicago Public Schools wants to
persuade students that they should work hard and do well in their classes, tf students see that the
class valedictorian heads off to the same unselective college as any other coltegebound
classmate, that argument is a lot harder.
But the very top studentsa tiny fraction of all potential college-goersare not the only ones who
undenmatch. In fact, the Chicago study found that students with the credentials to attend very
selective colleges actually undermatch at a lower rate than those with the credentials for colleges
on the next rung down. The College Board is also testing a different outreach program for a
broader population of students called "Apply to 4 or More," encouraging them to do exactly what it
sounds like. The program includes fee waivers, as well as training for school counselors.
And in their email to The Chronicle, Ms. Hoxby and Ms. Turner hint at broader research:
"Developing interventions that work for low-income high-achievers is a logical first step to
developing information-based interventions that may improve college choice for students of all
incomes and degrees of college readiness."
But moving down the selectivity scaleaway from the highest graduation rates and
most-generous need-based financial aidchoices aren't as straightforward. Say a student's
options are a regional public college with a low graduation rate (where she'll have to borrow a bit)
and a midtier private institution, where the graduation rate is somewhat higher but she'd have to
borrow more. Given such trade-offspretty typical for the bulk of students bound for four-year
collegesan informed decision might require more help than a packet of information can offer.
So what would happen if all existing students and college seats were reshuffled to achieve perfect
academic match? Graduation would barely budge, says Eleanor W. Dillon, an assistant professor
of economics at Arizona State University.

Her work with Jeffrey Smith at Michigan has found a good deal of both undermatching and
overmatching throughout higher education. They look at student ability through the Armed
Services Vocational Aptitude Battery and sort colleges using a quality index Mr. Smith helped
create. That system, the researchers say, allows for finer distinctions among colleges.

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Fixing match, they will argue in a forthcoming paper, would replace overmatehed affluent students
at top colleges with currently undermatched low-income students. Even so, across the system,
high-income students would still be concentrated at top colleges, and their low-income peers at
less-selective institutions, because of the unequal preparation available to different populations.
With every student placed at a match college, Ms. Dillon says, the probability that all students
starting at four-year colleges would graduate within six years would change by less than one
percentage point. Eliminating undermatching does improve graduation rates, the researchers
found. But wiping out overmatching hurts overall completionby about the same amount.

And what would shuffling students around do to the peer effects of being on a particular campus?
One component of college quality, after all, is the student body. The researchers are continuing to
explore how that would play out.
Their evidence suggests that improving completion at big, less-selective institutions like Ferns
State and Eastern Michigan Universities would "make a bigger difference," says Mr. Smith, "than
reshuffling people."
Mr. Chingos, an author of Crossing the Finish Line, has also run an estimate on how perfect
matching would affect degree attainment. In a blog post ahead of the White House summit, he
argued that while reducing undermatching is a "laudable goal," it would not improve graduation
rates very much. But that doesn't mean he considers the work unimportant. In fact, given the low
cost of the intervention designed by Ms. Hoxby and Ms. Turner, he thinks it should be pursued.
"If you can pay six bucks and move the needle," Mr. Chingos says, "you should do it tomorrow."
Ms. Hoxby and Ms. Turner agree. Besides, they wrote to The Chronicle, "improving information is
so inexpensive that efforts on it do not crowd out other efforts" to tackle higher ed's big
challenges.
Ms. Hoxby has found that the driving reason so few high-achieving, low-income students land at
top colleges is not because they don't get in, but because they don't even apply. That does not
nece$sarily suggest what would happen if, suddenly, they did. Selectivity, after all, comes from
rejecting applicants. Not everyone with great grades and test scores gets in. And right now, there
are "many more students qualified to do well than colleges with good graduation rates to support
their attendance," says Mr. Avery, one of Ms. Hoxby's co-authors. "There aren't enough spots at
those colleges we're currently labeling selective."
Some undermatching researchers are convinced that elite colleges are working hard to ehsure
that more of their slots go to low-income students. Others are skeptical. Elite colleges don't have
much incentive to bring in more low-income students, says Ms. Roderick, of the Chicago
consortium. "I'd like to see the commitment on the part of the colleges," she says.
If undermatahing among top students were reduced to some acceptable level, then what would
happen? So far, that's uncertain.
The results of the College Board's project may offer the beginnings of an answer. As soon as this
fall, researchers there will know where the students who received information packets applied to
college, and where they enrolled. A fuller picture of how they fare, of course, is still years away.
The Rise of Undermatching Research
February 2006: "Cost Should Be No Barrier: An Evaluation of the First Year of Harvard's Financial
Aid Initiative," by Christopher Avery, Caroline M. Hoxby, and others, is issued as a National
Bureau of Economic Research working paper. The researchers found that Harvard University's
new effort drew a group of applicants that was larger and somewhat poorer than before.

hflarch 2008: The University of Chicago Consortium on Chicago School Research releases a
research report, "From High School to the Future: Potholes on the Road to College," that sheds
light on the issue of college match among students in Chicago Public Schools.
September 2009: Crossing the Finish Line, by William G. Bowen, Matthew M. Chingos, and
Michael S. McPherson, is published. The book, believed to contain the first use of the term
"undermatching," presents evidence that students have a better shot at graduation if they go to a
more selective college.

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December 2012: "The Missing 'One-Offs': The Hidden Supply of High-Achieving, Low-lncome
Students," by Ms. Hoxby and Mr. Avery, is released as a working paper by the National Bureau of
Economic Research. It estimates the population of high-achieving, low-income students and
explains that many of them are not located in the places where college recruiters are likely to be
looking.
March 2013: "Expanding College Opportunities for High-Achieving, Low Income Students," by
Ms. Hoxby and Sarah E. Turner, is released as a discussion paper by the Stanford Institute for
Economic Policy Research. It shares the results of an experiment in which the authors mailed
information on colleges and application fee waivers to such students.
March 2013: Ms. Hoxby and Ms. Turner announce that the College Board will expand their
experiment.
June 2013: The Brookings Institution's Hamilton Project releases a proposal from Ms. Hoxby and

Ms. Turner saying they plan to work with the College Board and ACT to adapt their experiment
and asking for federal data that would help them further customize their outreach efforts.
September 2013: The State of Delaware announces its effort to combat undermatching.
December 2013: Ms. Hoxby and Ms. Turner are included in The Chronicle's 2013 Influence List.
January 2014: Undermatching is discussed at the White House college opportunity summit.
February 2014: Educational Researcher releases "Conceptual and Methodological Problems in
Research on College Undermatch," by Michael Bastedo and Allyson Flaster, which describes
assumptions made in undermatching work and argues that they may not hold.

Jason Langworfhy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
laneoySqOumn.edu

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Sent! Friday, June 06, 2014 10:08 AM
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Cc: Eric Kaler [ekaler@umn.edu]; Amy Phenix [pheni001@umn.edu]; Brian Steeves


[stee0168@umn.edu]

TO: ALL REGENTS


The following articles related to higher education governance appeared in various
news outlets today:
1. D hires panel to review research practices (MPR)
2. Why Colleges Are on the Hook for Sexual Assault (The Chronicle of Higher Education)

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I U hires panel to review research practices


;| Atex Friedrich

Ij 6/5/2014
|! The University of Minnesota has hired an outside organization to conduct a six-month review of its
I, clinical research practices.
I. The Association for the Accreditation of Human Research Protection Programs, a nonprofit

:| accrediting body, will run the inquiry on a proposed budget of $142,000.


II University officials say it will manage a team of independent investigators that includes experts
ji from Harvard Medical School and Johns Hopkins University.
Ij The announcement today comes after a December resolution by the U's faculty senate calling for
i; a review of how the U treats its human patients in clinical trials. The resolution came amid
ij lingering questions over the 2004 suicide of a patient, Dan Markingson, who was involved in a
I; university drug trial.
11 Vice President for Research Brian Herman called the organization "the Good Housekeeping Seal
!; of Approval," and said the reviewers were among the world's leading experts in the appropriate
;i use of humans in clinical research.
|! "I think they're an outstanding group to look at the questions we've asked them to look at," he
i; said.

1; But U of M bioethicist Leigh Turner said the questions are the heart of the problem for critics such
as him.

I; He said the U doesn't need a bland review of current practices, but a genuine investigation into
i; cases such as Markfngson's. He and other academic critics from other unfversrties have said
;! previous inquiries have been weak.
jj Turner said an investigation "needs to look at particular allegations of research misconduct."
|| Trudo Lemmens, a University of Toronto professor of health law and policy who has been
critical of the U's handling of the Markingson case echoed Turner's concern in an email.

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"People familiar with accreditation programs will agree that these are focused on paper work and
procedures, not on what is happening on the ground," he wrote. "What I find particularly troubling
for an organization that states it aims to protect research subjects, is that it accepts in these
circumstances to conduct an inquiry which excludes any reference to serious concerns that have
been raised in specific cases. A credible organization should put its conditions on the table, and
explicitly request a wider mandate that includes the elephant in the room."
Lemmens also questioned the association's independence, saying it already accredits the U and
so has a "client-provider relationship."
"It is clearly not in the organization's interest to admit that its accreditation has done little to
prevent serious problems, or that its accreditation procedures may have overlooked serious
problems," he wrote.

Hermann said that to his knowledge no one involved in the review has a conflict of interest.
The U says the panel will issue a public report, and it will recommend any necessary
improvements to university practices. A university spokeswoman could not say when it will issue
the report.

Why Colleges Are on the Hook for Sexual Assault


Robin Wilson

6/6/2014
When Congress passed the gender-equity law known as Title IX more than 40 years ago, no one
expected it to make colleges responsible for handling sexual assault.
Title IX was enacted in 1972 without controversy or even much debate, a "stealth law" aimed at
helping women get through the doors of higher education, says Bemice R. Sandier, a longtime
activist who is now a senior fellow at the Women's Research and Education Institute. But the law
is now being interpreted to require colleges to investigate and resolve students' reports of rape,
determining whether their classmates are responsible for assault and, if so, what the punishment
should be. That is the case whether or not an alleged victim decides to report the incident to the
police.

If colleges don't handle such reports promptly and fairly, they may be blamed for violating the
rights of alleged victims and creating a hostile environment for learning, according to the U.S.

Department of Education, which is charged with enforcing the law. In April the agency got specific
about compliance in a 52-point Q8A, telling colleges how to conduct an investigation, including
interviewing witnesses, examining evidence, and taking "interim measures to protect the
complainant."
'Title IX is a pebble in a pond," says Brett A. Sokolow, president of the National Center for Higher
Education Risk Management, a consulting and law firm that advises colleges. "Its influence is ever
increasing outward in concentric circles."

Campuses are clearly grappling with the weight of their responsibility as they come under
pressure from activists, as well as the White House. Many self-identified survivors of sexual
assault are pressing colleges to step up their response to sexual violence. And the Obama
administration recently released stringent new guidelines to help colleges combat assault
including tips for students on how to file complaints against institutions they believe fall short.
The Education Department is now investigating 61 colleges and universities for possible violations
of Title IX related to alleged sexual violence.
How effective campuses will be in carrying out their broader role under Title IX is not yet clear,
says Peter F. Lake, director of the Center for Excellence in Higher Education Law and Policy at
Stetson University. "Is this vision of making Title IX effective in these cases going to work?" he
asks. Expectations are still evolving, he says, but "we are being forced into developing a college
court system, and we haven't really had that before."
Decisions Set Precedents
So how did a law originally meant to prevent gender discrimination morph into one being used to

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combat rape?
Expanding the reach of the gender-equity law happened gradually, in large part through
precedents set by court cases, starting in the early 1980s. Students sued schools and colleges for
allegedly mishandling complaints of harassment and assault; rulings established sexual
harassment as a form of discrimination, with assault the most severe form. Therefore, victims of
rape could be considered subjects of discrimination under Title IX.
While there was no watershed case establishing sexual assault as a form of gender
discrimination, a federal court ruled on student-on-student sexual assault in a case involving Yale
University in 2003. "There is no question that a rape," the ruling held, "constitutes severe and
objectively offensive sexual harassment."
As a result of the early cases, campuses began instituting formal procedures in the 1980s that
allowed students to file complaints about sexual harassment and assault. Many undergraduates,
however, said colleges often minimized such complaints, botched investigations, and ultimately
failed to protect young women from the men they said had assaulted them.
It wasn't until 2011, experts say, when the Education Department's Office for Civil Rights released
a "Dear Colleague" letter, that campuses began taking their role more seriously.
"The sexual harassment of students, including sexual violence, interferes with students' right to
receive an education free from discrimination," the letter states. It is up to colleges and
universities, it says, "to take immediate and effective steps to end sexual harassment and sexual
violence." The letter also stressed that colleges should adhere to a standard of proof the
department first set in 2002a standard many had ignoredthat told campuses to determine
responsibility based on the preponderance of the evidence (i.e., more likely than not), a standard
used in civil cases, as opposed to the higher standard of "beyond a reasonable doubt" required for
a criminal conviction.
"This was a dawn of a new awakening," says Saundra K. Schuster, a lawyer with the
risk-management firm. The letter, she says, put campuses on notice that they must handle
students' complaints against fellow students in a uniform way, with the goats of investigating the
allegation, remediating its impact on the victim, stopping the behavior, and preventing it from
recurring.

Since then, a few investigations by the Education Department have resulted in high-profile
settlementswith the University of Montana at Missoula, for example, and Tufts University
imposing many rigid requirements on those institutions, with implications for others. Hire a
consultant on equity issues, for instance. Develop a confidential tracking system for reports of
sexual misconduct. Conduct regular surveys to gauge the campus climate.
Still, many question why collegesnot the police or courtsseem to have the primary
responsibility for dealing with a crime as serious as rape.
First, say higher-education experts, colleges have always had disciplinary systems in place to
deal with student misconduct. "Partying, substance abuse, sex," says S. Daniel Carter, director of

the 32 National Campus Safety Initiative of the VTV Family Outreach Foundation, an advocacy
group representing survivors and victims of the mass shooting at Virginia Tech in 2007. 'These
are the same things college students have engaged in for hundreds of years," he says. 'When
they cross certain lines, campuses have long stepped in to both educate and protect, by
undertaking disciplinary action." Parents who pay tens of thousands of dollars in tuition each year
also expect campuses to help keep their children safe.
In addition to their responsibility to impose discipline, says Mr. Carter, colleges now have the
primary role in responding to reports of sexual assault because no one else will. The criminaljustice system, he says, often opts not to follow through with complaints. Establishing consent or
guilt in an encounter between two people in which details are often made murky by alcohol can be
difficult, and prosecutors are often reluctant to pursue cases they can't win.
"While a criminal investigation is initiated at the discretion of law-enforcement authorities," the
Education Department says in its recent Q&A, "a Ttle IX investigation is not discretionary; a
school has a duty under Title IX to resolve complaints." The department recommends that
institutions "notify complainants of the right to file a criminal complaint" and "not dissuade" them
from doing so, but clarifies that "Title IX does not require a school to report alleged incidents of
sexual violence to law enforcement."

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Students who have reported incidents to their colleges often say the criminal-justice system
seems daunting. Many instead seek justice on their campuses, and some activists have lobbied
administrators to expel any student found responsible for sexual assault. Adds Mr. Carter:
"Colleges can offer a quite attractive alternative to the criminal-justice process, with a lower
burden of truth, a less public process, and a greater chance of actually having something done
that protects women."
'Going to Take Time'
How campuses handle sexual assault might evolve as drunken-driving laws did, says Mr. Lake, at
Stetson. "It used to be you could drive drunk in lots of places," he says, "and get away with it."
But public pressure and legislation changed that. 'Tactics, training, and techniques to address
drunk driving are now ubiquitous," says Mr. Lake. It took 25 years, he says, but "it is now uniformly
enforced."

Campuses' responsibility to respond to sexual assault is also about "society redefining a publichealth issue," he says. "tt is going to take time for colleges to catch up to the epidemic of sexual
assault."

Ann Olivarius, for one, is impatient. In 1977 she and four other female students sued Yale
University in one of the first sexual-harassment cases to use Title IX. Harassment of students by
professors, the ruling helped determine, is a form of discrimination.
At the time, Ms. Olivarius was a senior at Yale who ran the undergraduate women's caucus and
had been asked by the Yale Corporation to draft a report on the status of women at the university.
As part of the suit, Alexander v. Yale, she argued that the university's lack of procedures for
students to report sexual harassment meant she had to intervene on behalf of alleged victims. In
that role, she said, she was threatened by professors whose names she foiwarded to the Yale
administration after students reported them. And Yale, Ms. Olivarius argued, had failed to protect
her. The case prompted Yale and other institutions to establish the first procedures for students to
file formal complaints about harassment and assault.
Nearly 35 years later, Ms. Olivarius is a lawyer with her own firm, in London and New York, which
represents victims of sexual assault in higher education. Colleges are still struggling, she says,
with how to protect young women.
"Why is it so hard for an educational institution to police itself?" Ms. Olivarius asks. "If it were GM
or McDonald's that had made no real progress in fixing a serious product defect that's been illegal
for three decades, people would rightly be angry. Universities charge students tuition, they realize
this is a recurring issue, yet despite having the best and brightest minds, they seem immobilized."

Jason Langworthy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
lane078oumn.edu

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[allenl90+caf_=allen=cord.edu@umn.edu] on behalf of Jason


Sent: Thursday, May 29, 2014 9:58 AM
To: Richard Beeson [rbeeson@umn.edu]; Dean Johnson [djohns@umn.edu]

Cc: Eric Kaler [ekaler@umn.edu]; Amy Phenix [pheni001@umn.edu]; Brian Sleeves


[stee0168@umn.edu]

TO: ALL REGENTS


The following articles related to higher education governance appeared in various
news outlets today:

Q3 Schedules
0.3 Skitrip2014

1. Ethics issues in U of M psychiatric studies: What does it take to get Regents'


attention? (MinnPost)

Da UMM

2. Hormel Institute groundbreaking is celebration of collaboration (PostBulletin)


3. Speaking Freely at the University of Minnesota (Real Clear Politics)

[_j long-save (19)


[_j short-save

4. U. of Oregon's New Academic-Freedom Policy Protects Students and Staff (The Chronicle of

Higher Education)

IAJ Manage Folders...

Ethics issues in U of M psychiatric studies: What does it


take to get Regents' attention?
Eden Almasude, Matthew Boynton, Carl Elliott, and Leigh Turner

5/29/2014
On April 29, former Minnesota Gov. Arne Carlson wrote to the University of Minnesota's Board of
Regents with two simple questions: How many research subjects have died or been seriously
injured in psychiatric studies at the university? And what were the circumstances of those deaths

and injuries?
These are urgent questions. Carlson's letter was prompted by the gruesome May 2004 suicide of
Dan Markingson, a mentally ill young man who was pressured into one of the university's pharmasponsored drug studies despite the desperate objections of his mother. Markingson's body was
discovered in the blood-soaked bathroom of a halfway house after he tried to decapitate himself.
Last week, KMSP News aired the story of yet another mentally ill man whose harrowing story
mirrors that of Dan Markingson. The report said the man, identified as Robert, felt coerced to
enroll in a trial of an unapproved antipsychotic drug. "I was incompetent and didn't know what I
was doing," he told the KMSP reporter. 'Then, they say you have a giant medical bill and if you do
the research, you won't have this giant medical bill."
He said he was told the unapproved drug was safe, yet the FDA soon rejected the drug, asking

the sponsor to look into the death of a research subject who had died of liver failure shortly after
taking the drug. Several months later, the sponsor halted all studies.
Severe side-effects
Robert said the side-effects of the drug were so severe he considered suicide. He went to the
Fain/iew emergency room three times, once by ambulance, yet the researcher in charge of the
study dismissed his symptoms as "psychosomatic."
These reports would be alarming if they occurred anywhere. But the Department of Psychiatry's

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history includes incidences of unethical research. In 2000 the FDA "disqualified" a university
psychiatrist in 2000 from ever doing research again after he recruited unwitting Hmong opium
addicts into a trial of a powerful, potentially dangerous CNS depressant called GHB. A year
earlier, the FDA disqualified a child psychiatrist in the department for research fraud. He was also
sentenced to federal prison after a nearly four-year cover-up by the university in which the dean of
the Medical School signed a written agreement to keep Ihe fraud secret.

In 1997 the state Board of Medical Practice determined that a clinical faculty member and former
professor in the Department of Psychiatry was responsible for the deaths and injuries of 46
separate patients under his care. Five committed suicide. Seventeen were research subjects
enrolled in clinical studies.
We have been trying to get answers to the questions posed by Gov. Carlson since October 2013,
when bioethics professor Carl Elliott filed an open-records request for selected reports of deaths
and serious injuries in psychiatric studies at the U. Six months later, he has received reports of
only three of the 54 studies identified. This information is not supposed to be secret.
Flowers and a coffin
On May 9, a group of students, faculty members and concerned community members held a vigil
in remembrance of Dan Markingson outside the McNamara Alumni Center, where the Board of
Regents was meeting. We then interrupted the Regents' meeting and presented them with flowers
in Markingson's honor. Four students wearing white coats carried a coffin to the door of the
meeting room, where they were stopped by campus security guards.
Later, in public comments, Leigh Turner, an associate professor of bioethics at the U, asked the
Regents, "Why are open-records requests to obtain such data (about deaths and injuries)

routinely stonewalled? Are you ready for the possibility of multiple lawsuits brought by victims of
psychiatric research misconduct?"
It is astonishing that it has come to this. The actions of the university have drawn international
condemnation. Hundreds of medical experts have called for an independent investigation of
Markingson's death, including three former editors of the New England Journal of Medicine.
Evidence of abuse has steadily accumulated. Michael Carome, the former deputy director of the
federal Office of Human Research Protection, says that this latest case is so troubling it deserves
a federal investigation.

Does it really take a coffin and funeral flowers to get the attention of the Board of Regents?
Eden Almasude is a medical student at the University of Minnesota. Matthew Boynton writes on

behalf of Students for a Democratic Society at the U of M. Carl Elliott is a professor at the Center
for Bioethics at the U; Leigh Turner is an associate professor at the Center for Bioethics.

Hormel Institute groundbreaking is celebration of


collaboration
John Weiss

5/29/2014

Wednesday's groundbreaking for the $27 million expansion of the Hormel Institute was a
celebration of collaboration.
The list of speakers told part of that story: two U.S. senators, top state politicians, the head of the
Hormel Foundation that provides heavy financial support, a top University of Minnesota official
and the head of the Austin Bruins hockey team.
What they said was also about collaboration within the institute's research into foods and other
natural substances to fight cancer.
Gov. Mark Dayton Dayton said he included the expansion, which will nearly double the size of the

institute, as one of three top projects in his 2012 state bonding bill. It was supported by both
parties and that led to the state committing about $15 million with the Hormel Foundation
supplying the rest, he said.

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Dr. Brian Herman, U of M vice president for research, said the institute has been publishing
research in the top scientific journals. A lot of that i$ because of the combination of industry,
government and academia. For example, the institute was the first research institution in
Minnesota to have a super computer from Rochester, he said.
U.S. Senator Amy Klobuchar picked up on that theme. She said this is not an easy time for
politics, the economy or industry but the expansion is a celebration of doing things right.

For a long time, it was hard getting money for the National Institutes of Health for research
because "we were careening from financial crisis to financial crisis," she said. But now, things are
more stable and funding is more stable. Ktobuchar said she wants to see even more funding.
U.S. Sen Al Franken added to that idea, saying about 50 years ago, the United States accounted
for about 69 percent of the world's research; now, it's about 33 percent. He said that has to
increase.

The local side of helping with the institute's success came from Craig Patrick, owner of the Austin
Bruins hockey team. He and others began a Paint the Rink Pink event to raise money for the
institute to study breast cancer, and that expanded to the Paint the Town Pink event.

He called on state leaders to further expand the effort to Paint the State Pink.
Even with the expansion started, more collaboration will be needed to keep the institute running.
Dr. Ann Bode, associate institute director, said it now takes about $12 million a year to run the

center and that will rise to about $20 million with the expansion. The project will increase the
number of laboratories from 22 to 37 and the number of workers from about 130 to about 250.
About half of the institute's operational funding comes from state and federal grants, and the other
half from the foundation and private sources, such as Paint the Town Pink.

On Wednesday, the Hormel Institute also announced a $3 million fundraising effort for the addition
of a large lecture/meeting hall and multi-purpose room. It doesn't have a place now for staff to
meet or to host symposiums, said Gail Dennison, head of development and public relations.

Speaking Freely at the University of Minnesota


Cart Cannon

5/28/2014
Included at the request of the President's Office.
I still think of myself as a reportermy role for three decadesalthough as Washington bureau

chief for RealClearPolitics, the bulk of my job these days is editing and managing. When I do
write, much of that time is spent on a Sunday column that appears on RCP's front page and the
op-ed page of the Orange County Register.
But like a straight news reporter, or even a book author, a columnist can get all the facts right and
still be wrong. That is to say that, either by omission or implication, a writer can leave the wrong
impression with readers. I may have inadvertently done just that in my most recent column, which
was about the ideologically driven campus goonsboth professors and studentswho've
threatened disruptions at their schools' graduations ceremonies unless administrators agreed to
rescind invitations to the scheduled commencement speakers.
These tactics have worked at various colleges; my May 25 piece focused most closely on the ugly
behavior at Rutgers University resulting in the cancellation of a planned address by former
Secretary of State Condoleezza Rice. I mentioned in that column that an assortment of
left-wingers at the University of Minnesota tried to pull a similar stunt against Rice last month over

her planned talk oh the occasion of the 50th anniversary of the passage of the Civil Rights Act.
In Minnesota, unlike New Jersey, students and administrators stood their ground, a point I
probably should have mentioned. One Twin Cities undergradhis name is Anders Koskinenfelt
sufficiently aggrieved at my passing reference to his school (I wrote that the character assassins
at Rutgers "apparently were emboldened by their brethren at the University of Minnesota") to send
me a note.

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"t am currently a student at the University of Minnesota," he wrote, "and as a student of both

journalism and political science it was my privilege to see [Rice] speak as part of the Carlson
Distinguished Lecture Series, and to write an article on the resulting protests for The Minnesota
Republic, the conservative monthly paper on campus."
"The University of Minnesota did not seek to stop her speaking," Anders added. "A small

contingent of staff and students, the latter of which primarily came from the student group
Students for a Democratic Society, did seek to block her speaking. They, with the help of math
Professor William Messing, encouraged the University Senate to ask the Humphrey school to
rescind her invitation to speak, but they failed to do so."
He went on, so let's let young Mr. Koskinen take it from there:
"The University of Minnesota is not, as your article implies, a weak-willed institution that is all too
eager to cave in to the demands of the loony left. The Minnesota Student Association (the
undergraduate student government) passed a resolution asking for stern opposition to the
University Senate resolution that would have attempted to block Dr. Rice from speaking.
"The University Senate defeated the resolution by a landslide vote of 122-2even after the
resolution had been toned down to ask merely for the condemnation of Rice's speaking
engagement. When the student government, University Senate, and even University President
Eric Kaler weigh in in favor of free speech and maintaining Rice's speaking engagement, it cannot
be said that any group of left-wing protesters can take any heart from the result of the attempt in
Minneapolis.
"I am proud to be a student of the University of Minnesota, in part precisely because it is an
institution where the students, faculty, and staff for the most part recognize that free speech and
academic discourse are things to be valued over the feelings of overly sensitive left-wing activists
who only support free speech when it agrees with them.
"I am especially thankful to see President Eric Kaler make statements such as the one he made to
the University Senate, in which he said: 'I have opinions that sometimes differ from yours or
others on our campus. That's healthy, I invite that, and that's the nature of civil discourse. But we
can't have true academic freedom at the University of Minnesota by denying a stage to those we
disagree with or disapprove of."
Anders ended his note to me by saying he found it "a great privilege" to hear Condi Rice speak,

and that he was honored to be attending a university that allowed him that opportunity, rather than
one that would capitulate "to a small group of disproportionately loud liberals who would see her
silenced."
I would add a couple of points to this young man's letter. First, it would be nice if the president of
the United States expressed the same ardor for intellectual tolerance as the president of the
University of Minnesota. Secondly, although Anders Koskinen does not explicitly reveal his college
major, he hints that it might be journalism. I hope this is the field he choosesand that he sticks
with it.

U. of Oregon's New Academic-Freedom Policy Protects

Students and Staff


Peter Schmidt

5/29/2014

The University of Oregon has adopted an academic-freedom policy that provides broad
protections not just to faculty members, but to all of its employees, and also its students.
Michael R. Gottfredson, the university's president, signed the measure on Wednesday, following
its unanimous passage last month by the faculty senate.
The policy has been heralded as among the nation's strongest by the institution's fledgling faculty
union, United Academics of the University of Oregon, which is affiliated with both the American
Association of University Professors and the American Federation of Teachers.
The policy applies broadly to "members of the university community," including those employed as

of

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administrators and staff members. It covers speech connected to research, teaching, public
service, and shared governance, offering university employees explicit assurances that they
cannot be fired for speech related to campus policies.
"Members of the university community have freedom to address, question, or criticize any matter
of institutional policy or practice, whether acting as individuals or as members of an agency of
institutional governance," the policy says.
It adds: 'The academic freedoms enumerated in this policy shall be exercised without fear of
institutional reprisal. Only serious abuses of this policyones that rise to the level of professional
misbehavior or professional incompetenceshould lead to adverse consequences."
In remarks delivered to the faculty senate on Wednesday, President Gottfredson said he had
favored such provisions to ensure that academic freedom there could not be narrowed by the
federal courts in the wake of a 2006 U.S. Supreme Court decision denying First Amendment
protections to the speech of most or all public employees.

That ruling, in Garcetti v. Ceba/tos, held that public agencies may discipline their employees for
statements made in connection with their jobs, but put off the question of whether it applied to
"speech related to scholarship or teaching." Lower federal courts have split over whether faculty
members at public colleges are covered by Garcetti or have broader speech protections than
those afforded other public employees.
Several other public higher-education institutions, including the Universities of California,
Michigan, and Washington, have adopted policies enshrining the academic freedom of faculty
members in response to Garcetti, but have not sought to similarly protect the speech of other
employees or students.
The University of Oregon's policy is the product of some heated debate between the faculty and
the administration, which last year initially resisted United Academics' calls for contract language
protecting the right of faculty members to criticize the university's policies and actions. United
Academics eventually persuaded the administration to drop that demand and others, such as a
call for contract language requiring civility in workplace interactions, that union leaders saw as
threatening academic freedom.

Jason Langworfhy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
lang078o(5>umn.edu

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Cc: Eric Kaler [ekaler@umn.edu]; Amy Phenix [pheni001@umn.edu]; Brian Steeves


[stee0168@umn.edu]

TO: ALL REGENTS


The following articles related to higher education governance appeared in various
news outlets today:

{_^ Schedules

1. A lonely crusade (Science)

t_3 Skitrip2014

2. Fat-Cat Administrators at the Top 25 (The New York Times)


3. Is College Worth It? Clearly, New Data Say (The New York Times)

[^ UMM
[_j long-save (19)
Qjl short-save
i^j Manage Folders...

I A lonely crusade
I Jennifer Couzin-Frankel

j 5/2014
At the request of a Regent.
It was an evening in May 2008 when Carl Elliott's life bifurcated into before and after. In an
I apartment courtyard in a suburb of Cape Town, South Africa, where tie and his family were
' vacationing, Elliott walked in circles, holding his computer high above his head. He was searching
I for a wireless signal that would transmit a story from the St. Paul Pioneer Press back home in
Minnesota. He finally managed to access it, and it began without preamble: "Subject 13 was
dead."

I Sitting outside alone in the dark, Elliott read on. Dan Markingson was 27 years old when he died
by suicide, in the bathroom of a halfway house south of St. Paul. Elliott, a tenured bioethicist at
! the University of Minnesota (UMN), Twin Cities, had never heard of Markingson. But he learned
that his office at the university's Center for Bmethics was a 20-minute walk from where
Markingson had been hospitalized, across the Mississippi River at the university's medical center,
in a unit reserved for patients with psychosis. There, Markingson had signed on to a clinical trial of
antipsychotic drugs.
The Pioneer Press alleged a tangled web of conflicts of interest, lack of oversight, a mother
begging to withdraw her son from the trial, and questions about whether he was capable of
consenting to take part in the first place. Markingson's suicide in May 2004 hadn't made the news.
A few years later, following a tip, two reporters began digging and later published their expose.
From the institution's perspective, there's no evidence that Markingson died because of the

clinical trial. An investigation by the U.S. Food and Drug Administration (FDA) absolved the school
of any wrongdoing, and a medical board cleared its psychiatrists. The death was tragic, university
officials say now, but it's time to let go.
Letting go is not one of Elliott's strengths. Six years after first reading about Dan Markingson,
Elliott's beard is fading from light brown to gray, and he has bags under his eyes. His crusade that
began that spring continues unabated. Convinced that his university is withholding secrets, Elliott
lobbies tirelessly for a thorough investigation that he says hasn't yet happenedto explore
whether Markingson was inappropriately recruited into and kept in the drug study, and to

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determine if there are other stories like his in the university's Department of Psychiatry.
Administrators accuse him of distorting facts to feed an unquenchable agenda. Bioethics
colleagues who once rallied around him have turned away, and he rarely steps foot in his own
department. His family is resigned to a quest for justice whose end seems always just out of
reach. 'Wouldn't you like to work at a place that doesn't hate you?" his teenage son asked him
recently.

But Eltiott will not budge. Seeking justice for Markingson, he also wants to turn a spotlight on
psychiatric drug trials at his institution. "I don't think either of us think it's just about the Dan
Markingson case from 10 years ago, that's for sure," says bioethicist Leigh Turner, Elliott's only
ally in his department. With bulldog tenacity, Elliott is recruiting supporters, a roster that now
includes local medical school students and a former governor of Minnesota. More than 170
scholars of law, ethics, and medicine signed a letter last October pressing for the university to
investigate Markingson's last months. Some days, resolution feels tantalizingly close. But, Elliott
says, "I have no idea" if or when it will come.

RAISED IN A SMALL TOWN in South Carolina, population about 3500, Elliott was the eldest of
three boys. 'There were a few choices you hadyou could become a teacher, a doctor, a
minister," says his middle brother Hal. "I think all of us had this idea, our father was a physician,
that's what we would do."
Medical school proved disastrous for Elliott. "Wow, this is like being in the military," he remembers
thinking. Senior physicians screamed at their students and threw instruments at them in the
operating room. The rigid chain of command came as a shock, after a childhood with a father
whose solo practice meant no boss to answer to. Elliott knew "about an hour in," he says wryly,
that the life of a doctor wasn't for him. He stuck it out, hoping better days were just around the
comer.

They weren't. After graduation, he promptly relocated to Glasgow, U.K. There, he began a Ph.D.
program in philosophy. "Everybody thought it was insane, including my philosophy supervisor," he
says. A medical school professor suggested he see a therapist.

Philosophy suited Elliott. "Hypocrisy is something that is incredibly annoying" to us, Hal says of
himself, Carl, and their youngest brother Britt, who works for the Canadian government in Ottawa.
(Hal is a psychiatrist at East Tennessee State University, Johnson City.) Even more than his
brothers, Carl is "just dogged," Hal says. "If he knows he's right he will just stay there."

In 1990, 3 years after finishing medical school, Elliott completed his dissertation, Moral
Responsibility and Mental Disorders. It examined under what circumstances mentally ill
individuals could be held responsible for crimes they had committed. Elliott's scholarship evolved,
but certain themes endured and flourished: flaws in the practice of medicine, vulnerable research
subjects, and the influence of the pharmaceutical industry on clinical trialsall of which would be
braided together in the Markingson case.
Elliott is drawn to questions of trust, deception, and responsibility in medicine. "Often that takes
you into odd, interesting corners," he says.
When the Markingson story broke in 2008, EIIiott was on sabbatical. The family's temporary home
was decorated with pictures of his current obsession, a prominent New Zealand psychiatrist

convicted of murdering his wife. Elliott was fascinated by how easily the psychiatrist had duped
colleagues and continued treating patients; his account of the story, titled Mind Game, would later
appear in The New Yorker. But Markingson soon supplanted the New Zealand psychiatrist in
Elliott's mind. The more he learned, the more uneasy he became.
In 2002, the drug giant AstraZeneca launched a national trial, called the CAFE study, to compare
three antipsychotic drugs that were already on the market. One of them was the company's
product, Seroquel. The goal of the blinded trial was to determine whether Seroquei was as
effective as its rivals. The company asked physicians to recruit 400 patients in the midst of their
first psychotic episode, each of whom would be randomly assigned to take one of the three drugs
for a year. One recruitment site was UMN.
Dan Markingson was involuntarily committed to the UMN Medical Center, Fairview, in November

2003 and subsequently diagnosed with schizophrenia. Florid delusions had left physicians fearful
he might be a danger to himself or others. A local court agreed.

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Three days later, the court stayed Markingson's commitment order, after those caring for him
suggested he was improving. One condition imposed by the court was that Markingson follow the
recommendations of his treatment team. The psychiatrist overseeing his care, Stephen Olson,
was also leading the CAFE study's UMN outpost and receiving AstraZeneca money to do so. The
next day, Markingson agreed to enroll in the trial. The university received about $15,000 for each
subject.
A couple of weeks later, Markingson was discharged to a halfway house. His mother, Mary Weiss,
worried that he was in no state to give informed consent for the study and feared the mystery drug
was not helping him.
In a wrongful death lawsuit filed in 2007, Weiss's attorneys alleged that "Ms. Weiss sent five
letters" to Olson and Charles Schulz, a UMN psychiatrist who was leading the study with Olson.
Weiss was increasingly desperate that "her son was not improving and had begun to deteriorate,"
according to the lawsuit. She received a reply only to her fifth letter, sent via certified mail. In that
response, less than 2 weeks before Markingson's death, Schulz wrote, "antipsychotic medications
do not always lead to a complete remission of symptoms. ... Further improvement may be seen
over time, as has been shown in most studies."
A voicemail Weiss left at about the same time with the study coordinator, a social worker named
Jean Kenney, was chillingly prescient: "Do we have to wait until he kills himself or someone else
before anyone does anything?" When Kenney was deposed during the lawsuit, she
acknowledged that after contacting the halfway house and being assured Markingson was "fine,"
she did not pursue the matter.
Olson and Schulz declined to comment for this story. They remain on the faculty of the university's
Department of Psychiatry. Kenney left the university in 2005.
The parents of young adult psychiatric patients can present a dilemma to their doctors, says Paul

Appelbaum, a psychiatrist at Columbia University. (Appelbaum wrote a declaration supporting the


university's Institutional Review Board [IRB] after the lawsuit was filed, but was not otherwise
involved.) By law, parents have no right to participate in decisions about treatment or research
studies. But "although we can't talk to family members if patients don't want us to, we can always
listen," Appelbaum says. Parents may provide valuable insights, about their child's talk of suicide,
for example, or about illicit drugs they may be taking.

After almost 6 months in the CAFE study, Markingson stabbed himself to death. Another 280
people did not complete the trial. Volunteers abandoned therapy due to side effects, inadequate
efficacy, or just because they wanted to. The results on the remaining 119 were published in The
American Journal of Psychiatry. Because the proportion who dropped out from each group was
roughly the same, study leaders concluded that Seroquel was, as AstraZeneca had hoped, as
good as the other two treatments. All three drugs remain popular options today.
Markingson's suicide was reported to the university's IRB and to FDA. In January 2005, an FDA
inspector spent 8 days at the university and produced a 21-page report. "No evidence of
misconduct or significant violation of the protocol or regulations was found," wrote inspector
Sharon Matson. "There was nothing different about this subject than others enrolled to indicate he
couldn't provide voluntary, informed consent."
In some respects, the CAFE trial is troubling for how ordinary it was, say psychiatrists with no
connection to it. It is not unusual for a physician to play dual roles as treating psychiatrist and trial
leader and for the study coordinators who enroll patients to also assess their ability to consent.
Drug companies commonly pay universities for the volunteers they recruit and retain. These
conflicts, routine as they are, "create risk, both for the individual but also for the research," says
Steven Hyman, former director of the National Institute of Mental Health and now head of the
Stanley Center for Psychiatric Research at the Broad Institute in Cambridge, Massachusetts. He
spoke generally because he's not familiar with Markingson's story.
It's critical for psychotic patients to participate in researchand studies have shown that about
half of those who are inpatient can reasonably consent. But patients who have been committed
involuntarily are akin to other extremely vulnerable research subjects, such as prisoners, Hyman
believes. These people "need an absolutely trusting relationship with their treater," Hyman says.
"Anything that would undercut their trust, that would lead them to the sense that they are being
instrumentalized, is problematic."
In a deposition for Weiss's lawsuit, Olson was asked: "For Dan by court order, you control his

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freedom, isn't that right?" Olson replied simply, "Yes." But he also stood by the care he had
provided. "I don't believe," he said, "that I abused my clinical relationship with Dan."
ELLIOTT ADMITS to an overdeveloped sense of shame, perhaps due to his Southern roots.
"Most of us," he believes, feel shame "for things you didn't do yourself, things that were done by
your family, your people, your country." Or your university. So Elliott reached out to the person
suffering most deeply in the aftermath, Markingson's mother, Mary Weiss. Their friendship has
fueled his devotion to the case. Now in her early 70s, Weiss suffered a series of strokes over the
past 2 years and is largely confined to her bed. She was not up to speaking for this story.
A diminutive woman with white hair, Weiss suggested that Elliott review the evidence. She gave
her lawyer permission to pass along hundreds of pages of court depositions and her son's
medical records. The documents, Elliott felt, suggested that Markingson was profoundly out of
touch with reality and had little sense he was gravely mentally ill. How, Elliott wondered, could
someone who lacked insight into his illness consent to a study designed to treat it?

Elliott came to believe that every investigationnot only by FDA but also by the Minnesota Board
of Medical Practice, the university's IRB, and its general counsel's officehad been flawed or
incomplete. FDA did not seek Weiss's perspective, the views of Markingson's caseworker, or
interview staff at the halfway house who had interacted with Markingson, for instance. (FDA would
not comment on the Markingson case for this story.) Nor did the agency examine conflicts of
interest. Weiss's lawsuit was dismissed not on its merits, but because the university's IRB and
Board of Regents were deemed immune from liability thanks their role as state employees. (The
judge did argue that informed consent was obtained appropriately, because Markingson had
signed the consent fonn and had not been declared mentally incompetent by a court.)
As Elliott combed the documents, he saw a patchwork system, with no one agency tasked with
examining it all. The university could make that happen. But universities "have powerful
disincentives even to having an investigation," Hyman says. There's "a psychological sense of
being beleaguered and circling the wagons," whether or not there's anything to hide.

ELLIOTTS FIRST SUPPORTER was Turner, a bioethicist who joined the department from McGill
University in Montreal, Canada, 2 months after the Pioneer Press series appeared. Turner
considered Elliott honest to a faultthe type who wouldn't sugarcoat his assessment of your
paper, no matter what he thought. He was also swayed by a lengthy feature article Elliott
published in 2010 in Mother Jones about the Markingson case.

After the two began speaking out, writing editorials in local papers and later contacting politicians
and university administrators and posting on a blog, Elliott and Turner heard from other individuals

who insisted that they had been harmed in UMN psychiatric drug trials or had witnessed others'
mistreatment. One man said he had worked in the psychiatric units of the hospital where
Markingson was treated. Another identified herself as a counselor for teenagers. Elliott heard from
parents, who said their son or daughter had enrolled in a study under pressure.
These tipsters would not allow their identities to be publicized. Still, Eltiott and Turner see no
reason to think they're lying and believe their accounts suggest systemic problems with such
trials. "A pattern is a much different story, a much more unnerving story, than one young man who
happened to die while he was enrolled in a clinical trial," Turner says.
At first, Elliott's department rallied around him. In November 2010, eight faculty members,
including Elliott and Turner, wrote a letter to the university's Board of Regents, requesting an
independent, university-commissioned investigation into the Markingson case. But as Elliott
continued lobbying for action, his colleagues withdrew, first, say Elliott and Turner, into silence,
and then increasingly into rancor. One yelled at both to resign. Another filed a complaint against

Elliott in late 2012, intimating gender discrimination and bullying. The complaint was subsequently
dismissed. "It was sort of a shock, betrayal," Elliott says now. "The mere fact of going to
workyou are so despised by the people around you."
All five tenured members of the department declined or did not respond to requests to comment
for this story, as did two others who moved elsewhere in recent years.
UMN administrators maintain that the Markingson case has been thoroughly explored. Their
frustration with Elliott's tenacity is evident. "Calls for an 'independent investigation' of Mr.
Markingson's death intentionally ignore the multiple investigations that have already occurred over
the past decade," wrote Brian Lucas, senior communications director, in a statement to Science.
"Mr. Elliott has disregarded all of the findings.... We have little reason to believe Mr. Elliott would

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not find similar flaws in any additional investigation.... In the ten years that have followed Mr.
Markingson's death, Mr. Elliott has consistently ignored evidence and distorted or omitted key
facts in pursuing his own agenda." In an earlier e-mail, Lucas noted: "If it wasn't for Carl there
wouldn't be an issue."
But that storyline is becoming difficult to sustain as more supporters join him. "I thought, 'We
should not just sit here on the sidelines,'" says Trudo Lemmens, a professor of health law and
bioethics at the University of Toronto in Canada who has known Elliott for years. He admits his
friend has a "sharp pen, a characteristic that may have gotten under the skin of some people."
Lemmens, who came to believe no one had thoroughly probed a case he found deeply disturbing,
soon pulled together more than 170 signatories on a letter to the university's president and
Faculty Senate, urging an independent investigation. Many of the signers were big names:
Jerome Kassirer, a former editor-in-chief of The New England Journal of Medicine; Susan
Reverby, who uncovered evidence of mistreatment of Guatemalans by U.S. researchers in the
1940s; and Peter G0tzsche, who directs the Nordic Cochrane Centre in Denmark that focuses on

integrity in clinical trials. Whether Markingson killed himself because of the trial is not necessarily
the core issue, says Lois Shepherd, a law professor and bioethicist atlhe University of Virginia in
Chariottesville, and one of the signatories. 'The issue is, why was he involved in this research and

how did the system and the people in the system fail him? And I think it was on multiple levels."
Another unlikely ally is former Minnesota Governor Arne Carlson. "We're in the midst of a massive
cover-up," Carlson declared in a phone interview. The university hired Elliott because it "found him
to be one of America's most outstanding bioethicists. The moment he comes up with something
that is sensitive to them, he becomes the village idiot." Carlson is lobbying the current governor of
Minnesota to step in.
The pressure has had some effect. This past December, in a crowded windowless auditorium,
UMN's Faculty Senate voted 67 to 23 to request that an independent panel inquire into "current
policies, practices, and oversight of clinical research on human subjects at the University, in

particular clinical research involving adult participants with diminlstied functional abilities."
Administrators have solicited bids from contractors for a review. 'We want this to be a transparent,
open, fair assessment," says Brian Herman, the university's vice president for research. Herman

declined to speak to Science about past trials or anything pertaining to Elliott and the Markingson
case.

The resolution does not call for reexamining the Markingson storysomething the Faculty Senate
was considered unlikely to supportand Etliott feels little sense of triumph. He has long since
stopped trusting his employer. He spends hours in local coffee shops filing open records requests
for documents. He has posted more than 200 online. Ever suspicious that Markingson's story isn't
unique, Elliott asked the university how many suicides or serious adverse events had occurred in

54 psychiatric clinical trials in the last decade. Gathering those data would cost $9600, the
university told him. After Elliott protested that state law allows for visual inspection of documents
like these free of charge, the school pledged to begin releasing them. So far, it has shared
information from three. A statement from the university's Academic Health Center argued that
"such a project would require considerable resources, take months of time, and ultimately be
unproductive."

This month marks the 10th anniversary of Markingson's death. On 9 May, medical students,
Elliott, Turner, and othersabout 50 in allheld a vigil on the concrete plaza outside the
university's McNamara Alumni Center, where the Board of Regents was gathered for a routine

meeting. Four students brought a plywooct coffin that Elliott had hammered together in his
backyard up to the sixth floor. "We laid it out directly outside of the Board of Regents room, with
the lid open," says Eden Almasude, a 21-year-old first-year medical student.
Almasude had met Elliott a few months earlier, and his passion resonated with her. "You don't find
professors, faculty, who are so devoted to a case and so devoted to ideas, these moral, ethical
convictions for justice and accountability," she says. "They're willing to become persona non
grata."

Outside, Almasude, Elliott, and the rest carried placards and called again on the university for an
independent investigation into Markingson's death and to share the number of subjects who have
died or been harmed in the university's psychiatric drug trials. "What are they hiding?" Eltiott wants
to know. For now, the coffin is back at his home, perched atop a foosball table in the living room.
He's considering what to do with it next.

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Fat-Cat Administrators at the Top 25


Editorial Board

5/23/2014
Confronted with punishing state budget cuts, the public colleges and universities that educate
more than 70 percent of this country's students have raised tuition, shrunk course offerings and
hired miserably paid, part-time instructors who now form what amounts to a new underclass in the
academic hierarchy. At the same time, some of those colleges and universities are spending
much too freely on their top administrators.
A report from the Institute for Policy Studies, a research group, says that the presidents at the 25
public universities that pay their presidents the most have seen their compensation soar since
2008. The average pay for presidents at all public research universities is hardly shabby,
increasing by 14 percent, to $544,554, between 2009 and 2012. But average compensation for
the presidents at the 25 highest-paying universities increased by a third, to $974,006.
The study makes some disturbing observations about "the top 25." Student debt is worse than at
other schools. Administrative spending is twice the spending on student aid. The percentage of
tenured faculty members fell dramatically, while part-time adjunct faculty increased more than
twice as fast as the national average for all universities. The "worst overall offenders," the study
said, were Ohio State, Penn State, the University of Minnesota, the University of Michigan and the
University of Delaware.
One of the co-authors, Marjorie Wood, told The Times: "The high executive pay obviously isn't the

direct cause of higher student debt or cuts in labor spending. But if you think about it in terms of
the allocation of resources, it does seem to be the tip of a very large iceberg, with universities that
have top-heavy executive spending also having more adjuncts, more tuition increases and more
administrative spending."
The report also noted that, like executives in the banking sectors, "public university presidents

weathered the immediate aftermath of the fall 2008 financial crisis with minimal or no reductions in
total compensation."

Is College Worth It? Clearly, New Data Say


David Leonhardt

5/27/2014
Some newly minted college graduates struggle to find work. Others accept jobs for which they feel
overqualified. Student debt, meanwhile, has topped $1 trillion.
It's enough to create a wave of questions about whether a college education is still worth it.
A new set of income statistics answers those questions quite clearly: Yes, college is worth it,and
it's not even close. For all the struggles that many young college graduates face, a four-year
degree has probably never been more valuable.
The pay gap between college graduates and everyone else reached a record high last year,
according to the new data, which is based on an analysis of Labor Department statistics by the
Economic Policy Institute in Washington. Americans with four-year college degrees made 98
percent more an hour on average in 2013 than people without a degree. That's up from 89
percent five years earlier, 85 percent a decade earlier and 64 percent in the early 1980s.
There is nothing inevitable about this trend. If there were more college graduates than the
economy needed, the pay gap would shrink. The gap's recent growth is especially notable
because it has come after a rise in the number of college graduates, partly because many people
went back to school during the Great Recession. That the pay gap has nonetheless continued
growing means that we're still not producing enough of them.
"We have too few college graduates," says David Autor, an M.I.T. economist, who was not
involved in the Economic Policy Institute's analysis. "We also have too few people who are

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prepared for college."


It's important to emphasize these shortfalls because public discussion today for which we in the
news media deserve some responsibility often focuses on the undeniable fact that a bachelor's
degree does not guarantee success. But of course it doesn't. Nothing guarantees success,
especially after 15 years of disappointing economic growth and rising inequality.
When experts and journalists spend so much time talking about the limitations of education, they
almost certainly are discouraging some teenagers from going to college and some adults from
going back to earn degrees. (Those same experts and journalists are sending their own children
to college and often obsessing over which one.) The decision not to attend college for fear that it's
a bad deal is among the most economically irrational decisions anybody could make in 2014.
The much-discussed cost of college doesn't change this fact. According to a paper by Mr. Autor
published Thursday in the journal Science, the true cost of a college degree is about negative
$500,000. That's right: Over the long run, college is cheaper than free. Not going to college will
cost you about half a million dollars.
Mr. Autor's paper building on work by the economists Christopher Avery and Sarah Turner
arrives at that figure first by calculating the very real cost of tuition and fees. This amount is then

subtracted from the lifetime gap between the earnings of college graduates and high school
graduates. After adjusting for inflation and the time value of money, the net cost of college is
negative $500,000, roughly double what it was three decades ago.
This calculation is necessarily imprecise, because it can't control for any pre-existing differences
between college graduates and nongraduates differences that would exist regardless of
schooling. Yet other research, comparing otherwise similar people who did and did not graduate
from college, has also found that education brings a huge return.
In a similar vein, the new Economic Policy Institute numbers show that the benefits of college
don't go just to graduates of elite colleges, who typically go on to to earn graduate degrees. The
wage gap between people with only a bachelor's degree and people without such a degree has
also kept rising.
Tellingly, though, the wage premium for people who have attended college without earning a
bachelor's degree a group that includes community-college graduates has not been
rising. The big economic returns go to people with four-year degrees. Those returns underscore
the importance of efforts to reduce the college dropout rate, such as those at the University of
Texas, which Paul Tough described in a recent Times Magazine article.
But what about all those alarming stones you hear about indebted, jobless college graduates?
The anecdotes may be real, yet the conventional wisdom often exaggerates the problem. Among
four-year college graduates who took out loans, average debt is about $25,000, a sum that is a
tiny fraction of the economic benefits of college. (My own student debt, as it happens, was almost
identical to this figure, in inflation-adjusted terms.) And the unemployment rate in April for people
between 25 and 34 years old with a bachelor's degree was a mere 3 percent.

I find the data from the Economic Policy Institute especially telling because the institute a
left-leaning research group makes a point of arguing that education is not the solution to all of
the economy's problems. That is important, too. College graduates, like almost everyone else, are
suffering from the economy's weak growth and from the disproportionate share of this growth
flowing to the very richest households.
The average hourly wage for college graduates has risen only 1 percent over the last decade, to
about $32.60. The pay gap has grown mostly because the average wage for everyone else has
fallen - 5 percent, to about $16.50. "To me, the picture is people in almost every kind of job not
being able to see their wages grow," Lawrence Mishel, the institute's president, told me. "Wage

growth essentially stopped in 2002"


From the country's perspective, education can be only part of the solution to our economic
problems. We also need to find other means for lifting living standards - not to mention ways to
provide good jobs for people without college degrees.
But from almost any individual's perspective, college is a no-brainer. It's the most reliable ticket to
the middle class and beyond. Those who question the value of college tend to be those with the

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luxury of knowing their own children will be able to attend it.


Not so many decades ago, high school was considered the frontier of education. Some people
even argued that it was a waste to encourage Americans from humble backgrounds to spend four
years of life attending high school. Today, obviously, the notion that everyone should attend 13
years of school is indisputable.
But there is nothing magical about 13 years of education. As the economy becomes more
technologically complex, the amount of education that people need wilt rise. At some point, 15
years or 17 years of education will make more sense as a universal goal.
That point, in fact, has already arrived.

Jason Langworthy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
laneo78Q(5)umn.edu

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No problem. I did read it in the paper.

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j From: Pamela Hudson <phudson@umn.edu>


'! Date: Man, 28 Feb 2011 09:29:00 -0600
I To: ClydeAllenollen@cord.edu>

I Subject: Clips
ii Clyde,
I;
I;

;| Here is a set of dips from last week....for some reason it was returned to me. Internet gremlins,

Q short-save

ij perhaps.

|(.j Manage Folders...

J! Pam

I, - Forwarded message
" From: <Postmaster@vs-a.tc.umn.edu>

!! Date: Mon, Feb 28, 2011 at 9:25 AM


|i Subject: Undeliverable mail
|| To: phudson@umn.edu
!| Cc: Postmaster@vs-a.tc.umn.edu

I Your message was not delivered to the following recipients:


allen@cord.edu: Message could not be delivered after 72 hours
;| (original address: allenl90@umn.edu)
1;

|| Original-Redpient: rfc822;allenl90umn.edu
|1 Final-Recipient: rfc822;allen@cord.edu
11 Action: failed
i: Status: 5.4.4

Forwarded message -

ll From: Pamela Hudson <phudson@umn.edu>


1; To: Clyde Alien <allenl90@umn.edu>, David Larson <dmlarson@umn.edu>

!| Date: Fri, 25 Feb 2011 09:14:06 -0600

Ij Subject: Clips
li Regents,
|| The following appeared in today's editions.
;| Aid cuts may dose door to college
II Colleges grant programs face unprecedented cuts in aid for low-Income students. And schools say

of 6

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they can't fill the gap.


By JENNA ROSS. Star Tribune
Last update: February 24, 2011 - 10:32 PM
Marquita Walker is smart enough to win scholarships, poor enough to get grants, disciplined
enough to work three on-campus jobs.

But the Concordia University junior worries that next year, she won't have enough money to pay
tuition. /
Federal and state grant programs for low-income college students face unprecedented cuts. Last
weekend, the U.S. House of Representatives passed a measure that would shrink next year's

maximum per-student Pell Grant by $845.


Even without further cuts, Minnesota's already-strained State Grant program will shrink student
grants to grapple with a projected shortfall. Last year It awarded $168 million to 103,400 low- and
middte-income students.

Facing tough times themselves, many public and private colleges and universities don't expect to
make up the difference.

'The fact is that we can't," said Kris Wright, director of the Office of Student Finance at the
University of Minnesota. "We can't afford to do that in a time when our own budgets are getting
cut."

Officials fear the bottom line will mean fewer students going to college.
Add in another tuition increase, and "we may have a lot of folks heading off to some other
institutions or just plain dropping out," said Rep. Joe Atkins, DFL-Inver Grove Heights.
Federal and state grants, which students never have to pay back, help Minnesota students attend
for-profit, nonprofit and public schools with tuition and fees ranging from an average of $4,984
for a public, two-year college to $41,304 at Carleton College in Northfield.
Demand is up
The cuts come at a time when there are more students - with more need.

In the Minnesota State Colleges and Universities system, financial aid applications have increased
at double the rate of enrollment growth, Chris Hailing, system director for financial aid, told
legislators last week.
Last year, demand for the Minnesota State Grant program exceeded its funding by $24.4 million
for two reasons: "an increase In financial aid applications and enrollment and a decline in income
for students and families," according to a new report from the Minnesota Office of Higher
Education.
In order to fix the gap, the office began "rationing" the awards. So already, students have seen
cuts.

At Bethel University In Arden Hills, for example, 175 of 1,095 students lost eligibility for the state
grants this school year. Of those who received the grant, the average amount dropped 14.5
percent - from $3,235 in 2009-10 to $2,767 this year.
State grants are tied to federal ones, so any cuts there will hit Minnesota's State Grant program.
The budget proposal by the House of Representatives would cut Pell awards by 15 percent.
President Barack Obama's budget would cut Pell, too, by shaving summer grants and money for
graduate students. He maintains the maximum per-student award.

Most Pell Grants go to low-income students. In 2008, about 62 percent of recipients dependent
on their parents had a total family income at or below $30,000, according to a January
congressional report.

"It is the students who need the money the most who are going to be hurt the most," said Kathy
Ruby, St. Olaf College's dean of student financial aid. "I just hope families will not write off the
whole thing."

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Promises change

St. Olaf, in Northfield, pledges to meet the "full financial need" of its families. So, when state
grants shrunk, the college spent about $400,000 to make up the difference. Cuts to federal and
state funding make that pledge "more and more challenging," Ruby said.
Only a few nonprofit private colleges cover a family's full need, as determined by the federal
student aid formula. Most colleges and universities don't.

In 2005, the University of Minnesota started the U Promise Scholarship to give its towest-lncome
students free tuition. The U used its own funds to fill the gap between federal and state grants
and total tuition and fees.
That will change.
Current students will get a yearly scholarship equal to or higher than what they're getting now.
But scholarship amounts will be fixed, and "the University will no longer guarantee free tuition
under this program," the U explains on its website.

Why not? 'The unpredlctably of federal and state funding."


The difference-maker

Walker, who grew up in north Minneapolis, is the second-oldest of four children and one of three
in college right now.

Her mother makes less than $40,000 working in a grocery store deli. Walker said, "so there's no
way she could contribute to all our education."

"Without the Pell Grant and the Minnesota State Grant, I would not be in school at this moment,"
she said.
Concordia isn't the cheapest college, Walker acknowledged, but she chose it for the one-on-one
connections.
One of her three on-campus jobs is as an academic adviser.

"I really try to advocate how Important it is for education," she said. "Without it, you pretty much
can't go anywhere these days."

U bucks national trend, sheds jobs


Since 2008, early retirement has helped cut the systemwide workforce by 2.56 percent.
By Graison Hensley Chapman
While colleges nationwide look to expand their workforce, posting more jobs last year than any
time since 2005, the University of Minnesota has cut back,
After a four-year Increase ended in 2008, the number of jobs University systemwide has fallen
2.56 percent to 25,307, helped by early retirement and academic reorganization, human
resources representative Lori Ann Vicich said.
'There are some harsh realities here at the University," said Vlcich.

But because state funding to the University has declined, Vicich said there is little else to do
except to focus on preventing as many unwanted job losses as possible.
The specter of almost-certaln cuts from the Legislature makes the prospect of softening that
trend unlikely.
Speaking at a University-sponsored rally at the Capitol yesterday. University President Bob
Bruininks referenced that danger. If the school faced a proposed 15 percent budget cut, he said,
the University would have to eliminate 1,700 jobs.
"There is a trade-off if these trends continue," said Vlcich.

The funding picture is similar nationwide. According to the Center for Budget and Policy Priorities,
44 states and the District of Columbia "are projecting budget shortfalls totaling $125 billion for

2/28/2015 8:53 AM

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fiscal year 2012."

But the response by other universities has not been the same. From 2008 to 2009, total higher
education job postings nationwide rose 2.4 percent; the following year it rose 3.2 percent,
according to the report released last week by the online job board HigherEdJobs.
The number of advertisements for those postings rose 44 percent in 2010, compared to a 27
percent decline in the previous year.

Human resources professor John Budd, who also directs the Carlson School of Management's
Center for Human Resources and Labor Studies, said that the explanation for the rise in hiring
activity Is "not surprising"; university enrollment is increasing.
"Higher education is very labor intensive," he said. "You can't buy machines to teach more
students."

Budd added that compared to enrollment, "hiring still seems pretty modest."
The report also said that, on average, colleges had returned to hiring more administrative staff,
"perhaps filling positions they had allowed to remain vacant during the recession."
Faculty makes up about one-sixth of University employees systemwide. In 2010, the faculty
shrank by two positions, according to data from the Office of Institutional Research.
Budd said that some administrative hiring could increase the number of students taught.
"If you can hire support staff to do some things that faculty had been doing, which frees faculty
up to be able to do more of their core responsibilities, then that can be a cost-effective way to be
able to serve more students," he said.

In the meantime, Vicich said, "workforce projections going forward are really dependent on what
happens during the current legislative session."

Keeping tabs on public professors


University PR staff monitors high-profile names and those with a track record of controversy.
By Kyte Potter
He's been published in national journals, quoted in the New York Times and even appeared on
Oprah. Dr. Michael Osterhotm is used to the national spotlight.
His latest media appearance is an editorial in today's edition of New England Journal of Medicine,
"Foodborne Disease In 2011 The Rest of the Story."

Behind the scenes of any professor's public activity is a team of public relations employees
working to increase the University of Minnesota's visibility and protect its reputation.
But not all newsmakers bring the positive attention that Ostertiolm's editorial will. In some cases,
it's a precarious act to balance the importance of academic freedom and the name of the
University.

Osterholm, director of the University's Center for Infectious Disease Research and Policy,
emerged as a national expert on the H1N1 virus in 2009. Before that, he was a guest on The
Oprah Winfrey Show's 2006 special about the avian flu.
In his most recent foray into the limelight with NEJM, Osterholm tackled the Centers for Disease
Control and Prevention and its analysis of the occurrence of foodborne Illnesses in the U.S.
The goal of an editorial like this, he said, is to have an Impact on public health policy.
"I think [the editorial] will be widely circulated in Congress and around government agencies
people looking at the funding side of things," he said.
With a professor as accustomed to the process as Osterholm, Justin Paquette's Job as manager of
public relations in the Academic Health Center was easy.

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Osterholm approached the AHC and gave the public relations staff a rough estimate of when his
editorial would be published, as most researchers typically do.
From there, it's a matter of boiling down the information to its essentials so it can be put into a
press release and then connecting the faculty member with the media.
Paquette and his colleagues are intermediaries between professors and the media, Paquette said.
But if a faculty member's activity may bring negative attention to or criticize the University, the
employee is unlikely to approach Paquette's staff beforehand.
The University's only policy is that faculty cannot claim to speak on behalf of the school,
University said spokesman Daniel Walter.
Keeping an eye out for professors or faculty who enter the spotlight is a challenge for the public
relations staff made all the more complex by the never-ending news cycle and increased use of
blogs.

Walter said he will run searches on high-profile names, like Osterholm's, to see if they've made
the news recently.

The AHC communications team has a number of Google Alerts set up to point out any of their
physicians or researchers who have made the news, Paquette said. But he also keeps his eye on
faculty members who have a track record of negativity or criticism.
"I do monitor certain faculty members' work just to make sure that things aren't out there that
may be misleading or confusing to a reader," Paquette said.

Walter said his role is more reactive not preventative to any negative attention brought to
the University.

Perhaps the highest profile case of criticism lobbed at the University lately is the response to Dan
Markingson's suicide.

A group of eight professors from the Center of Bioethics, led by bioethlcs professor Carl Elllott,
has continually asked the Unh/ersity to further investigate the 2004 suicide, which it believes
showcased "an alarming series of ethical violations and lapses" during the clinical trial in which
Markingson participated.
When word came through that Elliott was writing a piece on Markingson's suicide for the
magazine Mother Jones, Paquette and others at the AHC asked the editor if they could add a
supplementary piece to "complete the picture," Paquette said.

That request was denied, and Elliotfs article, 'The Deadly Corruption of Clinical Trials," ran In the
September 2010 issue without the Information Paquette wanted to add namely, an outline of
the reviews into the case that excused the doctors who cared for Markingson prior to his death.
"We're charged with making sure that any information that's out there is accurate," Paquette said.

Pamela Hudson
Executive Assistant

Board of Regents Office


University of Minnesota
phudson(5)umn.edu

612/626-8237

Pamela Hudson
Executive Assistant

Board of Regents Office


University of Minnesota
phudsonOumn.edu

612/626-8237

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[allenl90+caf_=allen=cord.edu@umn.edu] on behalf of Jason


Sent: Monday, May 12, 2014 10:41 AM
To: Richard Beeson [rbeeson@umn.edu]; Dean Johnson [djohns@umn.edu]

Cc: Eric Kaler [ekaler@umn.edu]; Amy Phenix [pheni001@umn.edu]; Brian Steeves


[stee0168@umn.edu]
Attachments: Q Changing the academic cult~l.pdf (639 KB) [Open as Web Page]

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The following articles related to higher education governance appeared in various

E^j Schedules
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news outlets today:

C3 UMM
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{^| Manage Folders...

1. U regents heargrad student woes, drug-trial worries (MPR)

2. UMD backers to regents: Financial support is top concern (Duluth News Tribune)
3. Business and Patent Activities Should Count Towards Academic Tenure (Forbes)
4. State Regulation of Study Abroad? (Inside Higher Ed)
5. Upcoming tuition hikes irk students (Minnesota Daily)
6. Black: Proposed budget puts UMD in 'good place' (The Statesman)

!1 U regents hear grad student woes, drug-trial worries


!! Alex Friedrich

i 5/9/2014
jj Protesters disrupted a University of Minnesota regents budget forum today over the 2004 suicide
;i of a university drug-trial patient.
;| Three dozen people gathered outside McNamara Alumni Center during the meeting to
|i commemorate Dan Markingson. The 26-year old died during a clinical test of an anti-psychotic
;i drug after critics say university researchers exploited him.
ij They held signs with slogans such as "Justice for Dan" and "Shame on D," and stood near a black

;| coffin to symbolize his death.


|j They're calling for an independent investigation into his death, and the release of the number of
11 research patients who have died or been seriously injured since 1999.
|| About 12:45 p.m., some vigil participants interrupted a forum speaker and began placing flowers
; I silently on regents' desks.
; They left after the chairman told them to stop or he'd clear the room.
! Bioethics professor Leigh Turner later told regents at the forum that failing to investigate the case
i| properly could have legal and financial consequences.

ij "Will you remove President Kaler and other university officials from their positions if it emerges
I; that research misconduct occurred and yet they resisted repeated calls for an investigation?" he
i; asked.

A U spokesman says Markingson's death has been investigated credlbly multiple times, and

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current accreditation shows the U has a high-quality psychiatry department.


Also during the forum, regents heard public comment on the U's proposed $3.6 billion budget.
President Eric Kaler was praised for freezing undergraduate tuition and fees while holding
increases in room and board costs to 1.2 percent or less.
His budget freezes tuition for medical and veterinary students.
But it increases graduate and professional tuition by an average of 3 percent.
Andrew McNally, president of the Council of Graduate Students, said state and university leaders
have neglected grad students even though they do much of the teaching and research on
campus.

"When we ask for the resources to succeed," he said, "we're most often told that the value does
not merit the investment that unlike undergraduate education, pursuing an advanced degree
represents a personal choice and a private good, unworthy of public commitment."
McNally urged regents to increase funding for graduate fellowships.

The U would cut $20 million in administrative costs in the proposed budget. That would put the D
ahead of its timetable in meeting Kaler's goal of cutting $90 million by Fiscal Year 2019.
The budget would also boost funding to the Duluth campus by 13 percent or $4.2 million.
That campus faces a multimillion-dollar budget deficit.

UMD backers to regents: Financial support is top


concern
Jana Hollingsworth

5/9/2014
Securing more financial support was the chief concern among University of Minnesota Duluth
backers who spoke Friday at a Board of Regents meeting in Minneapolis.
The University of IVIinnesota regents were shown President Eric Kaler's budget recommendations,
which include a $4.2 million increase to UMD's operational budget. More than $1 million of that is
new, yearly money, which UMD will use to reduce its $9.4 million annual deficit, stemming from
declining enrollment and past cuts in state money.
The proposed new influx of funding, along with measures including 60 voluntary layoffs, could
reduce the deficit to $5.5 million which doesn't need to be dealt with in its entirety this year.
Money also is included to help eliminate UMD's $3.9 million one-time deficit, blamed largely on a

fringe benefit shortfall. The regents will vote on the budget June 13.
UMD Student Association member Hannah Keil asked during the public forum that regents and
the administration keep students' interests at the forefront on budget decisions and on how to
handle the remaining debt.
"UMD consistently ranks as one of the highest, if not the highest, for average student loan debt in
Minnesota," Keil said, asking for more financial support. "Raising tuition is simply not a viable
solution for this debt issue."
The proposed budget maintains a tuition freeze for undergraduate resident students. In the recent
past, however, tuition increases were implemented at UMD while state funding was reduced.
Another speaker, UMD faculty union president Michael Pfau, noted how the school has become
increasingly tuition-driven. He said tuition is higher than a nearby competitor North Dakota
State University by several thousand dollars. UMD tuition this year is nearly $13,000 including
fees for a resident undergraduate, while NDSU is nearly $7,700 for the same.

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"In an environment where higher institutions are competing for a smaller pool of students ... we
need to think about not just freezing tuition but reducing it," he said. "But without alternative
funding, it would gut the very programs that give our undergraduate students a truly unique
experience."

Pfau also noted that many are concerned that UMD's place within the U of M system is at risk.
Because of the research opportunities it provides to undergraduates, for example, he said, it
shouldn't be considered "just one of 51 separate funding units" within the system or compared to

the College of Liberal Arts on the Twin Cities campus.


"UMD is alone among the outstate campuses for what it offers," Pfau said. "I am happy to see the
budget as a step in the right direction. But more is needed."

The regents recognize the unique role UMD plays within the system, Regent David McMillan said
following the forum. He represents the 8th Congressional District on the Board of Regents.
Through the process of working to solve the university's budget issues, he said, "a lot of UMD's
strongest points are coming out."

Board of Regents Chairman Richard Beeson said he had listened to what the board and public
had to say about UMD's situation and wanted to keep tuition "flat." He characterized UMD's
declining enrollment, which has dropped overall since 2011, as a "minor concern at this point."
"We expect to see a reversal of that," he said, noting the school has always sold itself in the past.
"Duluth has a lot to offer. It's about branding it correctly and spending more time on the marketing
side. The demographics are changing a bit. Every school is focusing on enrollment."

Business and Patent Activities Should Count Towards


Academic Tenure
Steven Ross Pomeroy

5/5/2014
The article being referenced was co-authored by President Kaler and is included as
an attachment.
Universities are cosmopolitan centers for innovation and learning, where groundbreaking ideas
can be sown, fertilized, and developed, to the benefit of all humanity. But all too often, these ideas
are neglected and not allowed to grow to fruition, as those who are meant to tend the crops
faculty members are distracted by an unforgiving reality: publish or perish.
The ultimate goal for most academics is a tenured position. A professorship grants better wages,
outstanding benefits, and perhaps the best employment security of almost any job in America's
workforce. But attaining such a title is no easy feat. The faculty member must attract grant
funding, spend time in administration, teach classes, and maintain academic visibility through
books, media appearances, and consistently publishing academic research, preferably in
high-impact journals (hence, "publish or perish"),
Unfortunately, the demanding quest for tenure leaves little time for other pursuits, like pursuing
patents are starting businesses that could improve society. That's why, according to a new
perspective published in the Proceedings of the National Academy of Sciences, patent and
business activities should also be considered when awarding tenure or promotions at universities.
Much of the world's cutting-edge research into new technologies occurs at universities, yet,
by-and-large, faculty members' efforts to patent and commercialize their inventions are not
considered when offering tenured positions. In other words, working to improve society by

developing and sharing revolutionary breakthroughs with the general public is basically not
counted. Such a gross misalignment of incentives seems antithesis to the very idea of
universities: the betterment of the world and mankind.
As Paul R. Sanberg, president of the National Academy of Inventors, and his co-authors point out,
it's in the best interest of universities to reward academic entrepreneurship. Business activity from
the faculty leads to increased opportunities for research funding, allows academic institutions to
collect lucrative royalties, boosts collaboration with private enterprise, provides students with
"unique exposure to real-world translational research," elevates the institution's prestige, and,

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most significantly, "strengthens the larger university mission of improving and uplifting the human
condition by providing near term solutions to social, medical, environmental, and technical
problems."

Yet despite the obvious benefits of faculty members' entrepreneurial activity, "only 25 of the top
200 national research universities include patents and commercialization in tenure decisions,"
Sanberg says.
This needs to change.

"Tenure is about faculty being able to speak the truth and do what they believe is fundamentally
important; the most important measure for success is the impact they have." Faculty members

already beneficially influence society and students behind the lofty walls of academia, but they
can surely make even more of a mark by emerging from those confines with business start-ups
and patents. Such activities should be actively encouraged
The University of Arizona already does, recognizing "integrative and applied forms of scholarship
that involve cross-cutting collaborations with business and community partners, including
translational research, commercialization activities, and patents." More universities should follow
Arizona's lead.

Sanberg and his co-authors are hopeful that this seemingly simply, yet sweeping addition of
incentive will serve both academia and society.
"Ten years from now, the university culture will be, or should be, much more proactive in terms of

nurturing ideas and trying to identify the ones that have the most potential to impact society, as
well as being more active in finding resources to bring those ideas to reality."
Source: Paul R. Sanberg, Morteza Gharib, Patrick T. Marker, Eric W. Kaler, Richard B. Marchase,
Timothy D. Sands, Nasser Arshadi, and Sudeep Sarkar. "Changing the academic culture: Valuing
patents and commercialization toward tenure and career advancement." PNAS April 28, 2014

State Regulation of Study Abroad?


Elizabeth Redden

5/12/2014
The Minnesota and New York State legislatures are considering bills that would require colleges to
disclose more information about their study abroad programs.
The Minnesota proposal, which has been included as a provision of the state budget bill and
therefore looks likely to pass, would require colleges to disclose information about the safety
records of their education abroad programs.
Meanwhile the New York proposal, a version of which was first introduced in 2008 In the wake of
Attorney General (now Governor) Andrew M. Cuomo's investigations into alleged conflicts of
interest in study abroad programs, would require colleges to disclose information about their
financial relationships with study abroad providers. That bill made something of a resurgence last
week, clearing the Senate Higher Education Committee, though - having not yet been voted on
by the full Senate or Assembly - it has a long way to go before becoming law.
Minnesota
The Minnesota legislation would require the state's colleges to file annual reports on student
deaths and accidents and illnesses that require hospitalization. An earlier draft of the bill would
also have required institutions to report incidents of sexual assault, but that provision was struck
due to concerns about student privacy (if two students attend a program in Turkey and the
university reports one sexual assault, the victim could be all too easily identifiable).
Chief among the advocates for the legislation is the Minnesota-based ClearCause foundation,
which calls for federal oversight of education abroad programs and laws mandating minimum
study abroad safety standards. The nonprofit organization was founded by Alien and Sheryl Hill,
whose teenaged son, Tyler, died while participating in a People to People exchange program in
Japan.

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"Sheryl came to see me about a year ago and shared the tragic story of her son's death and
shortly after that I spoke to another woman in my community who lost her son in a program and I

knew of another family when my kids were in the study abroad phase of their lives, they lost a
peer," said State Senator Terri E. Bonoff, the chair of the Senate Higher Education and Workforce
Development Committee and a sponsor of the legislation.
"The one thing I didn't want to do, I did not want to curtail students' ability to study abroad," said
Bonoff, a Democrat. "I just want to make sure that we do all we can to provide safety. I thought

that a prudent first step would be just a report. fThe bill] really just says, what's your safety record,
and it has you report it on an annual basis and that data will be aggregated on the secretary of
state's and the Office of Higher Education's website."
A statewide group of study abroad professionals was active in providing feedback on the bill.
"At first the prospect of having a law that would regulate our work was kind of scary, but after
discussions with both Sen. Bonoff and Rep. [Yvonne] Selcer [the sponsor of companion legislation

in the state House of Representatives], I do think that the bill now is something that most of us in
the state feel pretty comfortable complying with," said Stacey Tsantir, the director of international
health, safety and compliance for the University of Minnesota's systemwide global programs
office.
"I don't have any huge concerns," Tsantir said. "Obviously with any legislation there are

terminology clarifications that we need to make and of course it will be important for universities
and colleges in the state to work with the Office of Higher Education and the secretary of state to
clarify how this will work."
"In general, I support the effort for transparency and the effort toward better collection of data
around health and safety incidents that occur within study abroad," said Jodi Malmgren, the
director of international and off-campus studies at St. Olaf College.

"I think one of the challenges of the bill is that as I understand the goals of the constituents who
brought this bill forward to representatives, they would like to see improvements in student safety
abroad. From my perspective, reporting on data doesn't improve safety," Malmgren said,

explaining that she thinks the things that would make students safer include improving
orientations for students and for faculty study abroad leaders, ensuring students have adequate
health insurance policies, and focusing resources on emergency planning.
Sheryl Hill, the co-founder of ClearCause, acknowledges that the bill doesn't do everything she'd
like to protect student safety abroad. But it is, she said, "a very good beginning."
"I came up through the health care system where we collect data on everything," said Elizabeth
Brenner, a former nurse-midwife whose son, Thomas Plotkin, a University of Iowa student, died
while studying on a National Outdoor Leadership School semester program in India. "From that
data we would look for trends and make better decisions about how to provide better care in the
future."

"After my son died I was absolutely astonished to find that there's nothing like that [in study
abroad]. Nobody's studying trends, nobody's looking for any kinds of relationships between health
and safety and the study abroad experience." (The Forum on Education Abroad, an association

that promotes standards of good practice for the field, does have a Critical Incident Database that
launched last summer, but the database is young and participation by colleges is voluntary.)
Brenner said that other parents who've lost children on study abroad programs plan to push for
similar legislation in other states. "We're hoping we can get several states to say, 'Yes, we're going
to do this,' and then maybe we'll finally get some attention," she said. "Legislators are finally
saying, 'Come on, it's time to have mandatory reporting.'"
New York
The New York bill, meanwhile, would require colleges to disclose any "perquisites" that colleges
receive from study abroad programs in which their students participate, including expenses paid
by study abroad providers for university employee travel, lodging, food or entertainment, as well
as any "direct financial benefit realized by a college/university as a result of its students attending
a particular study abroad program."

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Again, the bill can be traced back to the 2007-8 Cuomo investigations into whether study abroad
offices were being unduly influenced by perks like free or subsidized overseas travel and
commissions on student fees. In addition to calling for disclosure of "perquisites," the bill also
stipulates that, in cases in which the university charges its regular tuition rates for a semester
abroad, the university must disclose "the actual costs of the study abroad program paid by such
college/university" upon request.
The sponsor of the legislation, State Sen. Kenneth P. LaValle, the chair of the Senate Higher
Education Committee, did not return a request for an interview. But he was quoted Tuesday in

The Albany Times Union describing study abroad programs as profit centers for universities:
"They work out a deal that is lower than their tuition, but the student pays normal tuition," said
LaValle, a Republican.

The practice of pricey private colleges charging their standard tuition rates for students to
participate in overseas programs that may cost far less periodically comes under criticism (see

this Inside Higher Ed article for a consideration of the pros and the cons of such a pricing model).
But Bruce Sillner, the dean of international programs at the State University of New York at New
Paltz, said that at least as far as SUNY is concerned, students in many cases have to pay a
differential fee because the cost of study abroad programs regularly exceeds the in-state tuition
rate.

"Affordability and access are tremendously important to us," Sillner said. "We don't try to profit

from study abroad; we try to make opportunities available to students who might not otherwise be
able to have them."
Brian Whalen, the president and CEO of the Forum on Education Abroad, said the proposed
legislation is in some ways consistent with provisions in the Forum's Code of Ethics, which among
other things calls for universities to be transparent about their study abroad pricing structures and
which includes provisions about gifts and compensation that might be exchanged between study
abroad provider organizations and universities.
Stipulations to that effect include that "Institutions and organizations should have a process for
reporting payments such as reimbursements, honoraria, or consulting fees for work conducted on
behalf of provider programs" and that "no paid travel should be accepted by an employee of an
institution if offered by an education abroad program provider or other third party, unless
substantive work, such as program assessment or program development, is required." The code

of ethics also includes guidelines for program site visits for which the study abroad provider may
pay some or all of a university employee's costs and states that "any rebate, commission, or
discount provided by a provider organization should be used to defray costs to students."
The Forum objects, however, to these practices being regulated by the government. "The difficulty,
of course, when something is legislated is how will institutions comply with it, and I do caution this
use of the term 'perquisite,'" said Whalen, who argued that the definition in the bill was imprecise.
He also disputed the seeming assumption that the "actual cost" of a study abroad program entails

the amount paid by the university to the program provider or the receiving institution, noting that
there are other costs such as those sustained by the legal counsel, the registrar's office, "all the
people who are involved in trying to sustain study abroad infrastructure on the campus."
An earlier version of Sen. LaValle's bill passed the New York Senate in 2008, but never came up
for a vote in the House.

Upcoming tuition hikes irk students


Blair Emerson

5/10/2014
University of Minnesota community members filled McNamara Alumni Center Friday afternoon to
confront President Eric Kaler and the Board of Regents with concerns about his budget proposal.
At the public forum, students, staff and faculty voiced their disapproval over several items in the
president's 2014-2015 budget proposal, including tuition hikes for non-resident and graduate
students.

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Students at the forum said the University is hurting its graduate schools by increasing tuition rates
and cutting programs.
Kaler's budget proposal continues to freeze tuition for the second year in a row for students who
pay resident tuition, while graduate tuition would increase by 3 percent. Some professional
schools would also see a slight increase in tuition.
'We have begun to make incredible strides for undergraduates and need to address these issues
with professional students as well," said Ashley Hall, a veterinary student and incoming vice
executive vice president of the Graduate and Professional Student Assembly.
Keaton Miller, a Council of Graduate Students executive board member, said the University has
continuously cut programs for graduate students and wants more funding for workshops to
prepare them for their careers.
'We're doing our part teaching Minnesota's undergraduate students every day and then staying
up all night providing the cutting edge research that powers this University's reputation," he said.
"In other words, we have Minnesota's back. Do you have ours?"
Protesters flood forum
During the forum, a group of more than 20 people filed into the boardroom, each carrying a single
white flower to commemorate the ten-year anniversary of the death of a University drug trial
patient Dan Markingson.
The group also held a vigil for Markingson around an empty black coffin outside McNamara before
the forum.
The event, organized by Students for a Democratic Society and Physicians for Human Rights,

called for an independent investigation of the death of Markingson, a University drug trial
participant who committed suicide in 2004, six months after joining the study. They also
demanded the University release information on all other deaths in psychiatric research studies
since 1999.
Kaler agreed to an independent, external panel to investigate how the institution conducts clinical
research on human subjects in December.
Protesters said the review should also include an external investigation of Markingson's death.
"There needs to be a real investigation," said bioethics professor Leigh Turner. "There needed to
be one a decade ago, and there needs to be one now."

Black: Proposed budget puts UMD in 'good place'


Kyle Farris

5/8/2014

Chancellor Lendley Black said Monday he hopes to shift focus away from the budget cuts that
have marked much of the last year after calling U of M President Eric Kaler's system-wide funding
proposal for 2015 "extremely favorable."
Kaler's proposal would give UMD $36.3 million for 2015, a 14.2-percent increase from last year's
allocation. Black said the additional funding is the result of UMD's recent scrutiny over its budget
and stronger relationships with Twin Cities administrators and state government officials.
"We still have some tough work to do, tough decisions to make," Black said. "But I think we're at a
point now where we can start thinking much more proactively and not just be obsessed with cuts."
The cuts were necessary because of an $11.9 million annual deficit UMD faced late last summer.
In the fall, the university began work on a deficit reduction plan called Program Prioritization. The
plan uses a grading system to identify areas and programs that could be cut or modified to reduce
costs and increase efficiency.

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The first wave of cuts from Program Prioritization, which included the elimination of the Office of
Civic Engagement and voluntary layoffs for more than 60 UMD employees, brought the annual
deficit to $9.4 million.
Kater's proposed allocation, paired with additional cuts and revenue increases tied to Program

Prioritization, would bring the deficit to $5.5 million.


The proposal still needs approval from the Board of Regents, which will vote on the budget June
13.

"Obviously, as chancellor of UMD, I'm always going to want more," Black said. "I think they looked
at the overall situation for all five campuses, and this is what they came up with which I think
was a very strong allocation."
Black said the university will repeat the Program Prioritization process in the next few months to
identify further cuts and revenue sources, and to rule on some issues that have been shelved
while administrators wait for more information.
UMD is also dealing with a $3.9 million deficit of non-recurring money, which pays one-time
expenses that do not carry over from budget to budget.

The state Legislature is currently weighing a budget bill the Senate proposed, which included an
additional $2.5 million for UMD. Black said this money would go toward paying off the
non-recurring deficit.
Under Kaler's proposal, the U of M would pay off what remains of UMD's non-recurring deficit
should the $2.5 million clear the Legislature when lawmakers vote on the bill later this month.

That would leave UMD with only the $5.5 million annual deficit, which Black said he hopes
recedes once the cuts and new revenue sources are in full effect. In 2013, 77 percent of UMD's
revenue came from tuition dollars, up from 40 percent in 1998.
While Black said he was pleased with Kaler's proposed allocation, he also said there were some
items UMD included in its budget a 60-page document presented by UMD administrators to the
U of M in March that were not included in the president's budget.

Many of the items were requests for new faculty and staff positions and additional support for
campus programs. Black said he didn't expect all or many of the items to be funded, and that the
requests were more intended to illustrate UMD's needs.
"I didn't expect them to solve the whole problem for us," Black said. "But what we did want was
some significant help and also to make a strong case for UMD. It could always be better, but I
think we've made incredible headway over the last year or so."

Black credited much of the headway to relationships forged between UMD and U of M
administrators, which he called "probably the strongest... we've had in a long time."
Communication with the U of M, Black said, has been key to securing a larger share of the
system's budget. UMD's share has increased each of the last two years, including a 14-percent
jump from 2014 to Kaler's proposed allocation for 2015, which is the largest percent increase
among the U of M's four non-flagship campuses.
The funding jump signals a change from recent years.

From 2009 to 2013, UMD's share of the budget fell from $51 million to $31 million a roughly
40-percent decline.

Although overall funding for the U of M declined significantly during that time, UMD's decline was
the steepest in the system and more than twice as steep as that of the Twin Cities campus.
The funding disparity was brought to local and state attention in January when Gov. Mark Dayton,
shortly after a forum at UMD, said the university had "serious reason" to feel it was being
"shortchanged."

In March, Dayton proposed an additional $5 million for UMD in his supplemental budget plan, but

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the proposal has since been reduced to $2.5 million by the Legislature.

While Black has said he is appreciative of the interest state government has shown in funding
UMD, specifically, he has not publicly used the disparity as leverage for more funding.

Approval from the Board of Regents pending, the proposed 2015 budget would move UMD closer
to a balanced budget and, over the next few years, less reliance on tuition dollars according to
Black.
"I think we've had a challenging year in some respects," Black said. "But I think we're in a good
place right now."

Jason Langworthy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
lane078o(5)umn.edu

^^
Connected to Microsoft Exchange

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PERSPECTIVE

Changing the academic culture: Valuing


patents and commercialization toward tenure
and career advancement
Paul R. Sanberg- b-1, Morteza Gharibc. Patrick T. Harker", Eric W. Kaler6, Richard B. Marchasef, Timothy D.Sands9,
Nasser Arshadi**, and Sudeep Sarkara

"Office of the Senior Vice President, Research and Innovation, University of South Florida, Tampa. FL 33612; National Academy of Inventors,
Tampa, FL 33612; C0ffice of the Vice Provost, California Institute of Technology, Pasadena, CA 91125; ^Office of the President, University of
Delaware, Newark, DE 19716-0101; "Office of the President, University of Minnesota. Minneapolis, MN 55455; f0ffice of the Vice President
for Research and Economic Development, The University of Alabama at Birmingham, Birmingham, AL 35233; 90ffice of the Provost, Purdue
University, West Lafayette, IN 47907; and Office of Vice Provost, Research Administration, University of Missouri St Louis, MO 63121
Edited by David A. Weitz, Harvard University, Cambridge, MA, and approved March 27, 2014 (received for review March 3, 2014)

There is national and international recognition of the importance of innovation, technology transfer, and entrepreneurship for sustained economic
revival. With the decline of industrial research laboratories in the United States, research unhrersities are being asked to play a central role in our
knowfedge-centered economy by the technology transfer of their discoveries, innovations, and inventions. In response to this challenge, innovation
ecologies at and around universities are starting to change. However, the (hange has been slow and limited. The authors believe this can be attributed
partially to a lack of change in incentives for the central stakeholder, the faculty member. The authors have taken the position that universities should
expand their criteria to treat patents, licensing, and commercialization activity by faculty as an important consideration for merit, tenure, and career
advancement, along with publishing, teaching, and service. This position is placed in a historical context with a look at the histcny of tenure in the United
States, patents, and licensing at universities, the current status of university tenure and career advancement processes, and models for the future.
promotion | intellectual property | start-ups | private partnerships

There is changing demand on academia to

traditionally counted in career advancement,

government, and private sectors throughout

expand the research enteqmse beyond just

such as publication.

the discovery and development process" (5).

basic research and to contribute direcdy

Edison can be credited with being the

toward tangible economic development. Ba-

inventor of the industrial research laboratory

on "The Competitive and Innovative Capac-

sic research is important for future innova-

(at Menlo Park in 1876), and most of the use-

ity of the United States" lists as one of the 10

The US Department of Commerce's report

tion and funding should continue in this

driven national research and development

policy proposals the need to "speed the

area. This position was well articulated re-

that translated basic research into innovative

movement of ideas from basic science labs

cendy by Leshner in his editorial commen-

products came from these kmds of industrial

to commercial application" (6). The Research


Universities Futures Consortium declares

tary on the role of basic sciences in spurring

laboratories over the past century. As the

innovation (1). However, societal expecta-

2012 report on research universides by the

tions of universities now go beyond just

National Research Council of the National

research, teaching, and public service. Uni-

Academies notes, "business and industry

versity missions are expanding to include

have largely dismantled the large corporate

economic development, of which translation

research laboratories that drove American in-

of university research is a major part (2). The

dustrial leadership in the twentieth century

greatness of a university is not just in its re-

(e.g., Bell Labs), but have not yet fuUy part-

search grants and contracts metrics but also

nered with our research universities to fill the

in how the university impacts and changes

gap at a tune when we need to more effec-

the world and society at large (3). To unleash

tively translate, disseminate, and transfer into

the innovation potential of university re-

society the new knowledge and ideas that

search, there is a need for conducting schol-

emerge from university research" (4).

arly activity that translates basic research into

Universities can and should take steps

commercially viable processes and technol-

to bridge this gap and accelerate "time-to-

"The American research university has long


been critical to the economic and social success of the United States. Expectations are
high that academic research and mnovations
will play a central role m addressing current
and future national and global challenges"
(7). A recent report from the American As-

sociation of University Professors (AAUP)


recognizes that "collaborations between industry and the academy present tremendous opportunities for advancing knowledge,

Author contributions: P.R.S., M.G., P.T.H., E.W.K., R.B.M., T.D.S.,

NA., and S.S. wrote the paper.


The authors declare no conflict of interest.

ogy. However, addressmg this need often

innovation." A similar sentiment is echoed in

requires faculty members with a different

the Advancing Research in Science and Engi-

This article is a PNAS Direct Submission.

working mindset and modus operandi than

neermg (ARISE) 2 report from the Ameri-

Freely available online through the PNAS open access option,

those conducting purely basic research. It

can Academy of Arts and Sciences, which

also requires engagement of the researcher

advocates as one of their two broad goals,

in a period of translational work that does

"the creation of an environment that allows

not necessarily result in outcomes that are

flexible interactions among the academic,

www.pnas.org/cgi/doi/10.1073/pnas.1404094111

1To whom correspondence should be addressed. E-mail;


psanberg@usf.edu.
This article contains supporting information online at www.
pnas.org/lookup/suppl/doi:10.1073/pnas. 1404094111/-/
DCSupplemental.

PNAS Early Edition | 1 of 6

applying it to real-world problems, and

Advantages of Technology Transfer

bringing about various social benefits. Coop-

Benefits of patents and commercialization

science faculty members found that those

erative research involving both university and

have been articulated in recent articles (8,10,

industry scientists has proven critical to the

11, 12, 13) and extend beyond just direct

with mdusby relationships also published significanfty more and in higher impact journals

development of numerous powerful methods,

revenue generation through licensing, and

than those who did not have any industrial

products, and technologies" (8).

consist of advantages such as: increased op-

relationship (16). Papers published by univer-

The histories of academic tenure, mven-

portunities for research funding, access to

sity-industry collaborations are dted more

tion, and patenting in the United States have

unrestricted funds for further institutional

than multi- or single university papers (17).

become increasingly intertwined over the last

investment, sustaining high scholarship level,

30 y. Some mstitudons, such as Stanford

student success, increased prestige, public

University, Massachusetts Institute of Tech-

benefit, and economic development.

nology (MFT), California Institute of Technoiogy, Comell University, and Georgia


Institute of Technology, have an innovation-driven academic culture that has already

tion and translational research and


development; for example, the National Science Foundation s I-Corps program, the US

change in tenure and career advancement

Department of Commerce's i6 Challenge

criteria may not be necessary. However,

grant program, and the NIH's National

there are many universities where this in-

Center for Advancing Translational Scien-

novation-dnven cultural change is yet to

ces. Technology transfer activities help

happen, is happenmg at a slow rate, or spans

build long-term partnerships. "While that

only a smaii fraction of the faculty. For such

iniriai technology may never reach the

institutions, merit, tenure, and career ad-

market place, additional research contracts,

vancement criteria are important tools to

student educational experiences, and poten-

affect change. Jnterestmgly, the US National

tial employment opportunities will continue

Science Board used patentsin addition to

to develop" (10). There are also increased

research articlesto measure academic re-

opportunities for university-industry part-

search and development in their 2014 report

nerships. Because economic incentive pro-

development output and patent citations to


science and engineering literature as evidence of impact.
Should patenting and commercialization

,^^";

Funding. Many funding agencies are starting to place emphasis on technology transi-

technology transfer. For such institutions,

come as a form of academic research and

.^:^^

Increased Opportunities for Research

made global impact through its start-ups and

(9). Their analysis also mcludes licensmg in-

such connections (8). A survey of 3,080 life

grams exist around the world, technology


transfer can be a bridge for international

Student Success. Education of undergraduate and graduate students and postdoctoral


trainees is a core mission of the university.
Technology taansfer activities provide students and trainees with unique exposure to
real-world translational research expenences
that connect with an immediate societal
need, whjch is .not available in the traditicmal
curriculum structure. The student also gains
valuable experience in the process of intellectual property management. The entrepreneurial spu-it in the student is nurtured
and encouraged, thus rounding ofiffhe university experience. Academic curriculum at
the universities Js also enriched by the inclusion of new courses on entrepreneurship,
intellechial property, and technology transfer, opening up new possibilities for non-

traditional students (10).


Increased Prestige. Technology commercializadon through patents, licenses, and
start-ups is a critical component of the dissemination of knowledge, falls under the

collaborations. An innovative and entrepre-

umbrella of engagement, and is, essentially,

neurial branding of a university can l>dp

an important part of being a university.


Successful technology transfer brings rec-

attract philanthropic funds and fund raising


from alumni.

activities by faculty count toward merit,

Access to Unrestricted Funds for Further

tenure, and career advancement evaluation?

Institutional Investment. There have been

Should universities change the culture from

consistent increases in royalties of academic

research and publishing as the primary

inventions in recent years (14). As reported

measures for career advancement and tenure

in The Chronicle of Higher Education m

ognition to universities and helps communicate, in a tangible way, the impact of


university research, which might otherwise
seem esoteric.

Public Benefit. Technology transfer helps


strengthen the larger university mission of

to one that also recognizes academic entre-

August 2013, the Association of University

improving and uplifting the human condi-

preneurs who translate their research into

Technology Managers' recent survey found

tion by providing near terms solutions to

patents, licenses, and commercial products?

that the total license income of 161 univer-

social, medical, environmental, and technical

A discussion of these questions is included

sities, 32 hospitals, and research institutes was

problems. Innovations from universities have

in this article. We start by looking at

$2.6 billion for the 2012 fiscal year (15). Al-

improved the quality of life for people ui the

the advantages of technology transfer,

though this total amount is not large when

United States and the worid (e.g., the hepatitis

which extend beyond just revenue genera-

considered at a per university level, it pro-

B vaccine, the prostate-specific antigen test,

vides universities access to unrestricted funds

Google, the Haneycrisp apple, and HuMist)

tion. We then consider current efforts to


spur academic innovation and how, although necessary, they are not sufficient
because of a misalignment of mcentives.
A brief history of tenure and promotion
and the rise of the importance of patents

that can be used for further investment and

(18). A larger list of university research-based

expansion that would otherwise not be

companies that span technology and the Web,

possible. Both the individual and the uni-

materiak, manufacturing, biomedical, educa-

versity benefit from access to these funds

turn, energy, and chemicals, and defense and

that can be reinvested in productive ways.

safety is maintained by The Science Coalition


at www.sciencecoalition.org/successstories-list.

and licensing at universities then provides

Sustains High Scholarship Level. Tech-

historical context. We present evidence

nology transfer activides are corrdated with

Economic Development. From 1997 to

of faculty support for this change, followed


by possible models for incorporating

increased industrial connections. Shidies

2007 university licensmg had a $187 billion

have shown that faculty with industrial con-

impact on US gross domestic product, a $457

patents and licensing into tenure and

nections are academically more productive

promotion.

and have more unpact than those without

billion impact on the US gross industrial


output, and created 279,000 jobs (18). Many

2 of 6 I www.pnas.org/cgi/doi/10.1073/pnas.1404094111

Sanberg et al.

universities are also providing entrepreneur-

mcluding academic innovation m tenure

source of fundmg as universities seek to di-

ial traming, product proof-of-concept sup-

and career advancement decisions.

versify their research portfolios (28).

port, and seed stage or gap funding to the


local commumty, which contribute to local

Efforts across the nation have resulted in

The merit, tenure, and career advancement

significant impact in some cases, as exem-

process should reward applied scholarly ac-

plified by the list of 100 university researchbased companies highlighted in The Science

tivity and unpact on sodety. Renault's 2006

economic growth and retain local talent (10).


Current Efforts to Encourage Academic
Inventors
To facilitate technology transfer in an dfident manner, the entrepreneurial ecology at
and around universities has been changmg.
Rothaermel et al. provide an overarchmg
taxonomy of the ecology in terms of the

Coalition report, Sparking Economic Growth:

survey on faculty entrepreneurship coneluded that "until patents and spin-ofif com-

How Federally Funded University Research

panics are recognized as evidence of scholarly

Creates Innovation, New Companies and Jobs

contributions, and used and not just tolerated

(23). However, results have not been wide-

in the tenure and promotions processes, the

spread. Even after two decades, traditional

willingness of the faculty to spend their time

academic culture, centered on publications

on such activities will be considerably re-

and recognition from peers, has not changed.

duced" (24). The current academic emphasis

ogy transfer offices, incubators, and sur-

Misalignment of Incentives

accurately capture use-oriented research, de-

entrepreneurial research university, technol-

on publications and research grants does not

roundmg innovation networks (19). Attempts

There is a fundamental disconnect between

velopment, and technology transfer efforts.

to stimulate technology transfer du-ectly m-

technology transfer activities and incentives

The American Academy of Arts and Sciences

elude a number of mechanisms, such as

to faculty members in terms of merit raises,

ARISE 2 report recognized this and recom-

technology transfer offices on university

tenure, and career advancement. Beyond the

mended that universides "give greater weight

campuses becoming more actively engaged

monetary benefit of licensing, which is small

to the public service criterion in promotion

in most cases, there is litde or no benefit to

evaluations and consider knowledge export

a faculty member's merit raises, tenure, and

activities, including entrepreneurship, to be

career advancement. Current policies, at best,


mosdy tolerate commercialization efforts.

a component of public service" (5).


In 2011, Stevens et al. found 16 United

Only the few persistent faculty entoepreneurs

States and Canadian universities that con-

m soliciting disclosures from faculty, han-

dling intellectual property, lowering the


barrier of upfront royalty, sharing royalty
and licensing income, mternaUy investing

in ideas, and establishing relationships with


local businesses through student mternships and research projects. A model example is seen at The University of Alabama
at Birmingham's Institute for Innovation
and Entrepreneurship, m which potential
collisions between researchers and mdustry
are encouraged to solicit the kinds of coalitions that would lead to intellectual prop-

erty (20). Another example is the University


of Minnesota's unique Minnesota Innovation Partnership program, which allows
companies to sponsor research at the university with exclusive rights to any intellectual property produced by paying an upfront royalty. Such partnerships lead to a
much deeper relationship and engagement

that can ultimately lead to philanthropy and


partnerships that are very significant (20).
Some universities are explormg the use of
the sabbatical leave process to encourage
faculty to mvest time into transitionmg
their technology to start up a company
(21). Half of the universities surveyed in

consider building their careers along these

sider patents and commercialization in ten-

Imes, despite this misalignment of rewards.


Renault righdy noted, "As long as the in-

ure and career advancement decisions, 5 y


after Texas A&M officially declared com-

tellectual property, conflict of interest and

mercializadon as a sbcth factor in their tenure

tenure and promotion policies are not pro-

considerations (14). This finding was cor-

vidmg a consistent message for faculty about

roborated 1 y later by a survey prepared by

what is appropriate and desu-ed behavior, the


variety of actions shown in this study wffl
continue" (24).
Based on 98 interviews spanning five research universities, Siegel et al. found that
reward systems for faculty members, particularly untenured ones, are not aligned with
institutional aspirations toward technology

transfer (25). Interviewed subjects specifically


reported that technology transfer activities
should have a greater weight in faculty career
advancement and tenure decisions. More
recently, m a survey of 73 public and 28
private universities, Lach and Schankerman
found a sunilar disconnect. "Fu-st, faculty in
both public and private universities are well

a National Council of Entrepreneurial

aware of monetary incentives from com-

Tech Transfer (NCET2) survey indicated

merdalizing their inventions. Second, in the

NCET2, which found that only 25 of the top


200 national research universities include
patents and commercialization in tenure
decisions (22). Stevens et al.'s survey revealed
a number of striking similarities between
universities that take patenting and commerdalization activities into account when
offering tenure and promotion (14). These
universities are public institutions, they con-

sider US patents a priority, they have adopted


the policy in the last 6 y, and they publish
their tenure and career advancement guidelines. The authors note that even the
staunchest supporters of the inclusion of
faculty patenting and commercializing
activities into tenure and career advancement decisions agree that these activities
should not replace scholarly pursuits, such
as teaching and mentormg students and

that faculty are permitted to use sabbatical

vast majority of cases in both public and

leave for this purpose (22). Although sabbatical leave is not discussed in depth in

private universides, faculty reward structures

(salaries and promotion) do not give any

History of Tenure and Promotion and

this paper, as it only occurs posttenure, fac-

significant weight to technology transfer

Patents and Licensing

ulty may have increased interest in attaining

outputs" (26). Nelsen and Bierer also see

Although academic tenure and intellectual

tenure to use sabbatical leave to pursue

a need for change in career advancement and

property have not been historicaUy linked,


this paper serves to juxtapose the rise of

publishing research.

commercialization activities. Although it is

tenure criteria, especially for biomedical

clear that mnovation in academia is a po-

sciences, "as research moves further toward

tenure and promotion in an academic set-

tentially lucrative and growing field and

product development" (27). Traditional

tmg with the rise of academic patenting

that tenure and career advancement are

tenure and promotion criteria are also

and licensing. The purpose of comparmg

shifting as well, what has not been articu-

flagged by Pain as an unpediment to invest-

these two histories is to set the stage for

lated until now is a clear national model for

ment by industry, which is an important

a discussion on the current and future role

Sanberg et al.

PNAS Early Edition | 3 of 6

universities have academic freedom and

and career advancement from both an m-

tenure resolutions, all universities (both

Dole as creating incentives for academics to

dividual and university perspective. Fig. 1

public and private) retain the right to dis-

pursue mvention with the help of their

shows a timeline of important events. By

miss a faculty member based on commu-

mstitutions. Recent data on academic m-

the 19fh century in America, tenure was an

nication in their official capacity as an

novation may support this claim, Accord-

understood benefit, or gentleman's agree-

employee of the institution, as determined

ing to the National Science Foundation,

ment, between distinguished university

by the Supreme Court in Garcetti v. Ceballos

mvention disclosures grew from 12,600 in

professors and the universities in which

(32, 33). The court reserved opinion re-

they were employed, and had existed as

garding academic speech, and consequent

2002 to 18,200 in 2009, and new US patent


applications filed by Association of Uni-

such for generations (29). Without con-

lawsuits involving dismissal or tenure revo-

versity Technology Managers university

tractual obligations however, universities

cation have gone to state courts. As of now,

respondents also mcreased, from 6,500 m

were free to dismiss faculty at the request of

there is no formal recognition of a legal right

2001 to 11,300 in 2009 (37).

theu- boards of trustees; "Before 1915,

to academic freedom, and academic free-

respected university presidents and boards

dom remains a professional notion (32).


The development of patenting and in-

senior professors who took positions on

tellectual property happened long before

great issues of the day contrary to the

formal tenure polides. The Patent Act of

demic disciplines across 115 universities

conventional wisdom" (29). Pressure grew

1790 was the first federal statute guaranteeing

found that 72% of the respondents approved

for universities to seriously commit to ac-

inventors "not exceedmg fourteen years, the

of faculty engaging in use-oriented research

1,000 university professors from nine aca-

ademic freedom as a right of tenure with

sole and exclusive right and liberty of mak-

and 71% agreed to treating patentable

the rise of labor unions in the late 19th and

ing, constructing, using and vending to ofh-

inventions as refereed articles (38). A more

early 20th centuries and several prominent

ers to be used, the said invention or


discovery" (34). Fast-forward nearly 50 y to

One of the best known is the case of

die Patent Act of 2836 and the United States

recent 2013 survey by Goldstein and Rehbogen


of 547 faculty members from 71 institutions
conSrmed &is trend; only 20.3% of faculty

progressive economist Scott Nearing at the

Patent and Trademark Office was formed. In

members disagreed with rewarding "faculty for

University of Pennsylvania in 1915. At the

the history of patents and intellectual prop-

patentable inventions in tenure decisions" (2).

erty, perhaps the most relevant event for the


purposes of this report is the enactment of

Interestingly, according to this study only 10.9%


of history faculty members disagreed with the

the United States Code 35 USC 200 et seq.

recommendation.

time, Nearing spoke out openly against industrial capitalism, claiming that "unfettered

wealth stifled initiative and unpeded economic advancement" (30). With a university
board consisting of several corporate executives, Nearing's appomtment as of June 1915
was not renewed, despite the disapproval of
Nearing's fellow Jaculty members. Even before Nearing's noteworthy case, in January
1915 the AAUP formed a committee "to
consider and report on the questions of academic freedom and academic tenure, so far
as these affect university positions" (31). By

181

There Is Faculty Support for Change


Twenty years ago a 1994 national survey of

of trustees had litde hesitation in firmg

cases of faculty dismissal.

las
881

Similarly, one may see an act like Bayh-

of commercialization in academic tenure

December of that year, the AAUP formally


published their "philosopJiical birth cry," the
1915 Declaration of Principles on Academic
Freedom and Academic Tenure (29). The
proposal described three end goals of academia: to safeguard freedom of inquiry and of
teaching; to protect college executives and
governing boards against unjust charges of
mftingement of academic freedom; and to
render the profession (academia) more
attractive by ensuring the dignity, independence, and reasonable security of tenure

(31). It is important to clarify that although

in 1980, more commonly known as the

One of the criticisms against the inclusion

Bayh-Dok Act. This act began as a 1978

of patents and commercialization into tenure

conversation between then Senator Bkch

and career advancement criteria is the pos-

Bayh, a Purdue University alumnus, and


Ralph Davis, then the director of the Tech-

sible loss of free access to knowledge. How-

nology Transfer operation at Purdue (20).

case so far. American Association for the

Davis and Wisconsin Alumni Research

Advancement of Science's project on Science

Foundation Director Howard Bremer, with

and Intellectual Property in the Public In-

support fiom the NIH, made the case in

tensst surveyed 1,111 American Association

Washington for what would become the

for the Advancement of Science members

Bayh-Dole Act.

I Flnt PatenlActJ

June: Scott Nnring'a


appointment at the
[UnIvenHy of PwflByfnnta|

^7901836

_nati

^J915^

1980'

Fig. 1. Timeline of relevant historical events. USPTO, US


Patent Office.

4of6 | www.pnas.org/cgi/doi/10.1073/pnas.1404094111

and found that patents were the most com-

Before Bayh-Dole, any intellectual prop-

mon means for protecting mtellectual prop-

erty stemming from federally funded grants


was obUgatorily assigned to the federal gov-

erty (39). Dissemmation of the protected

intellectual property was through publication

eminent As stated in the code, "It is the

and informal sharing for 85% of the cases.

policy and objective of the Congress to use

Licensing of these patented technologies was

the patent system to promote the utilization

a secondary mode of dissemmation for

of inventions arismg from federally sup-

a minority of the cases. About one-third of

ported research or development. Each non-

the respondents who did use licensing in

profit organization or small business firm

the dissemination of their technology in-

may, within a reasonable time after disclosure

eluded a research exemption. For the mi-

as required by paragraph (c)(l) of this sec-

nority of academic respondents who chose

tion, elect to retain title to any subject invention" (35). The Bayh-Dole Act is of

not to disseminate in any form, the top

particular relevance because it creates a po(paunKciornre;


I USPTOfomxd

ever, studies have not found this to be the

reason was plans for future research.

tential incentive for universities to promote

Possible Models for Change in Tenure

academic innovation in gaining intellectual

and Promotion Criteria

property andpotentiallylicensmg and

There are many possible ways for incor-

profits. This may be especially true for

porating patents and commercialization mto

public universities that have seen a 2896

merit, tenure, and career advancement cn-

drop in state funding per student; in 11

teria. For example, each college at Purdue

states, state funding has been cut by more

has its own tenure and promotion docu-

than one-third in the last 5 y alone (36).

ment, and some specifically include patents


Sanberg et al.

and commercialization whereas others do

businesses (mcluding competitive giants and

not. The culture has been bottom-up and

contracts such as SBIR [Small Business Ino-

collaborative approaches to solving com-

is dominated by local customs in the de-

vation Research] awards and other notable

plex world problems" (42).

partmental committees (20), Under this

busmess achievements), 2. Commercialization

Measuring the impact of patents and

model, as moods to the professions change,

of discoveries, 3. Other.. .Intellectual proper-

commercialization in the context of tenure

it permeates into the departments and

ties: 1. Software, 2. Patents, 3. Disclosures (pre-

and promotion is not immediately obvious.

eventually into the university. However, the

patent)" (40).

Even universides that have a long history of

and public service activities, developing

leadership in technology commercialization

model is too slow to be effective and ignores

The University of Arizona explicidy rcc-

the leadership role that universities can play

ognizes, along with research contributions,

still struggle with how Ifaese activities are

by explicitly mduding patents and com-

"mtegrative and applied forms of scholarship

valued and how to measure theu- impact and

mercialization activities in university-level

that involve cross-cutting collaborations with

that value (20). However, a starting point can

tenure and career advancement documents.

busmess and community partners, including

be an array of indicators, such as: ((") in-

Inclusion of patents and commercializa-

translational research, commercialization ac-

dustriaUy sponsored research projects; ()

tivities, and patents" (41).

some universities, and examples of possible

Other examples of institutions with strong

disclosures submitted; (lit) patents filed; (v)


patents issued; (v) licenses executed; (v)

language in universities' tenure and career

language mclude Texas A&M, University

license income received; (vii) Small Busmess

advancement criteria exist We list additional

System of Maryland, University of North

Innovation Research/Small Busmess Tech-

language found through extensive Web

Carolina-Greensboro, University of Minne-

nology Transfer, and other technology

tion into tenure and promotion has begun at

searches in Table Sl. If a university is not

sota, University of Nebraska Medical Center,

transfer-related grants and contracts; (v)

listed in this table, that does not necessarily

Arizona State University, The University of

companies started; and (ix) knowledge of

mean that it does not value innovation. It

Arizona, North Dakota State University, The

innovation and commercialization impar-

may not be codified m the tenure and career

Ohio State University, and the New Jersey

ted to students through coursework, certif-

advancement documents, or these docu-

Institute of Technology (Table Sl).

icate programs, and guided entrepreneurial

ments may not be publicly available or found

There is sometimes an implicit assumption

activities. If promotion and tenure commit-

by us.
Within the tenure and career advancement

that patents and licensing only impact the

tees are measuring impact, they will value

science, engmeering, and medicme sides of

those accomplishments that best demonstrate

documents of the 39 mstitutions in the table,

a campus. However, there are also mterestmg


models on the arts and humanities side of

ulation of commercialization and entrepre-

novation activities to weakly stating that

campus. For example, the University of

neurial activities to a point where invention

patents can be listed. Although, for most

Michigan School of Music includes the fol-

disclosures may have relatively Utde value,

universities, patents and entrepreneurial ac-

lowing language, from a memo from former

patent applications slighdy more, and li-

tivities are counted under research, a few

provost Phil Hanlon, in their tenure and

censed patents will be highly valued, espe-

consider it under service. In weak instances

promotion document: "Full recognition, both

daily those that produce royalties (20).

of inclusion, patents are sunply listed as one

in evaluating tenure and promotion cases,

Another way to measure impact could be

of the many items than can count toward

will be given for a broad range of entrepre-

through third-party awards and honors. For

research and scholarly activity. In strong

neurial, outreach and creative activities in

the very few and most-accomplished aca-

instances, the criteria are explicitly spelled out

which faculty engage. These activides may

demic inventors, there are avenues for na-

and more descriptive language that better

enhance any of the criteria on which faculty

tional level recognition, such as the National

captures the spectrum of entrepreneurial and

are measuredteaching, research and serv-

Medal of Technology and Innovation and

innovation activides is provided.

ice... Examples are ... creating a start-up

the Lemelson-MIT Prize. The United States

Virginia Polytechnic Institute and State

company that enhances the broader scholarly,

Patent and Trademark Office recognizes the

University is a good example of an institution

public service, or health care missions of the

most highly accomplished inventors, some of

with strong inclusion. As part of Research

University, ... creatmg new or enhanced

whom are academic inventors, by mducting

and Creative Activities, the tenure and pro-

practices, products or services, workmg

them into the National Inventors Hall of

motion document explicitly lists what faculty

with the Office of Technology Transfer to

Fame. Table I shows the numbers of awards

members may mclude under economic con-

patent or license an invention, encouraging

per year from 2008 through 2013. However,

tributions and entrepreneurship: "I. Start-up

and mstructing students in entrepreneurial

until recently there was neither any national

language varied from strongly endorsing in-

impact, eventually takmg us beyond the tab-

Table 1. Number of specific national level recognition awards for all inventors and academic inventors from 2008 through 2013
National Medal of Technology
Lemelson-MIT Prize
No. academic
Year No. awarded

2013
2012
2011
2010
2009
2008
Total

Sanberg et al.

1
1
1
1
1
1
6

inventors

and Innovation

No. academic

No. academic
No. awarded inventors

1
1
1
1
1
6

National Academy of Inventors


Mational Inventors Hall of Fame

10 7
5
2
6
1
4
1
25 11

No. awarded

inventors

17
10
39
16
15
19
116

7
4

Fellows
No. academic
No. awarded inventors

143 143
101 101

7
4
2

G
30

244 244

PNAS Early Edition | 5 of 6

research that drives further discovery or from

level organization nor recognition for the

with ways to actually operationalize these

nation's many other top academic inventors.

tenure and career advancement recom-

direct solutions to society's problems through

To change this, the National Academy of

mendations at the level of the academic

inventions. We must encourage bright,

Inventors (NAI) started the NAI Fellows

department, whose decisions and rationale

young faculty to consider the possibility of

program. This program touches many more


academic inventors and institutions. To date,

form the core basis of final tenure deci-

transitioning between both roles throughout

sions. The NAI and its university members

their careers. Ten years from now, the uni-

there are 244 NAI Fellows representing more

throughout the United States can play an

versity culture will be, or should be, much

important role by encouraging innovation

more proactive in terms of nurturing ideas

than 120 universities (43).


Concluding Remarks

and bringing attention to the devalued role

and trying to identify the ones that have the

The academic culture, which has a very high

patents currently play in the process of

most potential to unpact society, as well as

inertia, must change from recognizmg only

tenure acquisition and career advancement

bemg more active in finding resources to

basic research to rewarding use-oriented

at universities.

bring those ideas to reality (20).

research, development, and commerciali-

Tenure is about faculty being able to speak

zation as well. Future efforts should en-

the tmth. and do what they believe is fun-

courage this culture change by developing

damentally important; the most important

advocates for commercialization, activity.

measure for success is the impact they have

We also have to research and experiment

(20). This unpact can come from basic

ACKNOWLEDGMENTS. Ttiis paper is partly based on


a panel at the 201 3 Conference of the National Academy of
Inventois. The authors thank Judy Lowry, Diana Vergara,
Michelle Simha, and Keara Leach for their editorial assistence; Dr. Judy Gerehaft at ttie Un'nreraty of Soutti Florida;
and our Iriends at the US Patent and Trademark Office.

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university in diverse ways. The Daily Beacon. Available at http//

institutions: Mitigating conflict of interest. Sd Transl Med 3(100):

utdail03eacon.com/news/2011/jul/22/candidate-says-technotogy-

O0cm26.

transfer-benefits-unh/er/. Accessed February 28, 2014.

28 Pain E (2008) Science careers. Playing well with industry. Science

13 Sanberg PR, McDevittVL (2013) Patents: Universities profit from

319(5869):1548-1551.

34 United States Congress (1790) Patent Act 5 1, c. 7, 1 Stat. 109


(Univ of New Hampshire, Concord. NH). Available at httpY/ipmall.
info/hosted_resources/lipa/patents/Patent_Act_of_1790.pdf.
Accessed February 28, 2014.

3S United States Code (1984) Disposkton of rights in education


awards: 35 USC 5 212 (p) 2 (c) 18; 1984 (Cornell Univeraity, Ithaca,
NY). Availableatwww.law.comell.edu/uscode/text/35/212. Accessed
February 28. 2014.
36 Oliff P, Palacios V, Johnson I, Leachman M (2013) Recent Deep

State Higher Education Cuts May Ham Students and the Economy
/or Years to Come (Center on Budget and Policy Priorities,
Washington, DO, Available at www.cbpp.orgffilesB-19-13sfp.pdf.
Accessed Febfuaiy 28, 2014.
37 Boroush M, Burton L, Fiegener MK (2012) Science and
Engineering Indicators 2012, eds National Science Board (National
Science Board, Arlington, VA). Available at www.nsf.gov/statistics/
seind12/c5/c5h.htms5. Accessed February 28, 2014.
38 Lee Y5 (1996) Technology transfer and the research un'rvereity:
A search for the boundaries of universfty-industry collaboration. Res
Policy 25(61:843-863.
39 Hansen S, BrewsterA, AsherJ, Kisielewski M (2006) The Effects

of Patenting in the AAAS Scientific Community (American Association


for the Advancement of Science, Washington, DC). Available at
www.wipo.inVip-outreach/en/tools/research/details.jsp7id=174.
Accessed February 28, 2014.

40 Office of the Senior VfcePresklent and Provost 0013) ?gma?di


Guitfefhes/or PmmoSon and Tenure Dossim for 20IS-14 (Vigin'a
Pdytechnk: Institute and State Univefsitx Blacksburg, VA). Avaiabte at vwm.
p(crost.vtedut)ronK)tionJenure^romotion_andJenure_^'idelines_2013W.pdf. Accesal Febnjay 28, 2014.

41 The Office of the Associate Prowst for Faculty Affairs (2012)

products. Nature 502(74721:448.

29 Brown RS, Jr., Kurland JE (1990) Academic tenure and

Promoting an Induslve View of Scholarsh'p (Univ of Arizona, Tucson,

14 Stevens A), Johnson GA. Sanberg PR (2011) TTie role of patents

academic freedom. Law Contemp Probs 325(53):325-355.

AZ). Available February 28, 20)4 from http://lacultyaffeirs.arizona.edu/

and commercialization in the tenure and promotion process. Techno!

Available at httpY/digitalcommons. law.yale.edu/cgi/viewcontent.

Innov 13(3):241-248.

cgi?articte=3722&context==fss_papers. Accessed February 28,

sites/defauh/files/joromotinganindusiveviewofscholarshipappc.pdt
42 School of Musfc Theatre & Dance (2012) Potdes and Procedures:

15 Association of University Technology Managers (2012) AUTM

2014.

Handbook for Faculty (Urw of Mchigan, Ann Arbor, MB. Available at

licensing Activity Survey: F^2012 (Association of Unrversity

30 Saltmarsh JA (1991) Scott Nearing: An Intellectual Biography

www.music.umtt.ed u/faculty_sta?auth/fac_handbook/

Technology Managers, Deerfield, IL). Available at www.autm.neV

0'emple Univ Press, Philadelphia, PA).

FacHndBk_COMIWE.pdf. Accessed frbmaiy 28. 2014.

FY2012_Licen!ing_Actmty_Suivey/11449.htm. Accteed February

31 American Association of University Professors (1915) 1915

43 National Academy of Inventora Feltows Program (2014) Available at

28, 2014.

Dedaralion of Principles on Academic Freedom and Academic

hltp'y/academyofirwentofs.orgffetows.asp. Accessed Febniaiy 28, 2014.

6 of 6 | www.pnas.org/cgi/doi/10.1073/pnas.1404094111

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Langworthy [lang0789@umn.edu]
Sent: Tuesday, May 13, 2014 9:27 AM
To: Richard Beeson [rbeeson@umn.edu]; Dean Johnson [djohns@umn.edu]

Cc: Eric Kaler [ekaler@umn.edu]; Amy Phenix [pheni001@umn.edu]; Brian Steeves


[stee0168@umn.edu]

TO: ALL REGENTS


The following articles related to higher education governance appeared in various
news outlets today:

|^j Schedules
Q Skitrip2014

2. Largest class to ever graduate from UMC was celebrated at Saturday's

^ UMM

commencement (Crookston Times)

Qj long-save (19)
(^ short-save

1. Ex gov asks U of M regents about Markingson death (MPR)

3. Graduate Students Seek to Build on Momentum for Unions (The Chronicle of


Higher Education)
4. Science and Math Don't Have to Be Practical to Be Worthwhile (The Atlantic)

[,y Manage Folders...

Ex gov asks U of M regents about Markingson death


Alex Friedrich

5/12/2014
I recently received this copy of a letter that former Gov. Arne Carlson sent to University of
Minnesota regents expressing his concern over the U's handling of the Dan Markingson suicide
case:
j| He appears to want an independent investigation into the case or at minimum a public hearing
1: as well as information on how many patients have died or been injured in psychiatric research
1 studies.

i I (He recently told Scientific American that he has asked the U for the information already, but has

i| received nothing.)
; He tells them:
"The resultant harm to the reputation of the University is concerning."
; I I asked the U for its reaction, and spokesman Brian Lucas emailed me the response below:
;; Gov. Carlson has contacted the University on this manner. We are in the process of responding
I: to his questions....

11 It appears Gov. Carlson's concerns are based on misinformation that continues to be cited by
II those who are calling for yet another investigation. He offers no new information and his letter
doesn't change the facts of the case. We are hopeful that our response to his concerns will help
!| him understand the full story....
Ij Our plans around this issue have not changed. There have been multiple independent
jj investigations of the Markingson case in the last ten years. None of these investigations has found

;; wrongdoing on the part of the University of Minnesota or the Department of Psychiatry.

of 6

2/28/2015 8:26 AM

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Evidence of our commitment to ethical human subject research can be seen in the fact that we
have received Association for the Accreditation of Human Research Protection Programs
(MHRPP) re-accreditation twice in the last ten years. We are currently preparing for a third
re-accreditation. This is an extremely rigorous process that is "best in class" nationally.
In an additional effort to ensure that we are leaders in terms of the protection of human subjects,
we are also conducting an independent review of current human subject research processes as

asked for by our Faculty Senate The contractor chosen for this job will be charged with conducting
a thorough, independent and transparent review. If any deficiencies are found in our current
human subject research program, the review will include recommendations for remedying them.

Largest class to ever graduate from UMC was celebrated


at Saturday's commencement
Times Report

5/12/2014

Saturday, on the 20th anniversary of the University of Minnesota Crookston becoming a


baccalaureate-degree granting institution, the largest class to ever graduate from UMC was
celebrated at commencement.
In all, 430 students earned their degrees, with 250 actually attending commencement before the
largest crowd anyone could recall in Lysaker Gymnasium. Among the graduates was also the
largest online-only class ever, of 168. Of those, 40 online graduates attended commencement,
setting foot on the Crookston campus for the first time.

Graduate Students Seek to Build on Momentum for


Unions
Vimal Patel

5/12/2014
Graduate students seeking to form unions at private colleges have gained new momentum from
the recent success of their counterparts at New York University, which agreed to let the students
vote on forming a collective-bargaining unit.

Spurred by the outcome of the NYU unionization effort, which resulted in a vote for a United Auto
Workers affiliate on the campus, graduate students at Yale University are the latest to press for
the right to form a bargaining unit. The Yale students say a union would ensure fair treatment of a
class of employees with growing workloads who play an increasingly larger role in the university.
'There's an understanding of the really powerful opening that the NYU example provides," said
Aaron Greenberg, a Yale Ph.D. student in political science and chair of the Graduate Employees
and Students Organization, a group pushing for a graduate-student union at Yale.
The United Auto Workers affiliate at NYU is in the process of negotiating a contract there.
"It's the only example we have of a private university voluntarily and collaboratively agreeing to a
free and fair process that would allow graduate teachers and researchers to decide on the union
question," Mr. Greenberg said.
Advocates of unions are also encouraged by the prospect that the National Labor Relations Board

may reconsider a key 2004 ruling involving Brown University that for the past decade has limited
the ability of graduate students at private universities to organize.
The 2004 decision said graduate assistants are not employees because their relationship with the
university is primarily educational. But in March, in a case involving a bid by Northwestern

University football players to unionize, a regional office of the NLRB said scholarship athletes are
employees, with the right to unionize. The College Athletes Players Association, in their argument
to the full labor board in April, said the Brown case should be overruled. Experts say it appears

likely that the labor board would eventually revisit that ruling.

2/28/2015 8:26 AM

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At Yale, meanwhile, graduate students marched in the rain in April to deliver a petition that
organizers say had 1,000 signaturesthe same number that NYU students delivered to their
administration last yearto Yale's president, Peter Salovey. The students cited the NYU example
and asked Yale to "develop a fair process for graduate employees to decide on union
representation."
Mr. Greenberg expressed optimism about their efforts. Given the number of students who signed
the petition, he said, he expects administrators to be willing to talk about a process, just as the

NYU administration did with students there. He has not yet heard directly from Yale
administrators.
Tom Conroy, a Yale spokesman, said Mr. Salovey was unavailable for an interview. "Yale

University and the Graduate School have worked and will continue to work productively with
faculty and students, including the Graduate Student Assembly, on the issues identified by the
petition," said a statement provided by Mr. Conroy. "We are committed to the best possible
academic outcomes for our students."
As of last fall, Yale had more than 2,600 registered Ph.D. students. Brian Dunican, a former
chairman of the Graduate Student Assembly, said he suspects that the largest portion of them are
undecided on the unionization question.
Stipends at Yale are competitive, ranging from $28,400 to $33,000 per year, he said, and students
are unsure how unionizing would improve conditions.
A Resurgence?
Graduate students at public colleges, too, have sought to improve their working conditions
through unionization. Public universities are subject to state labor laws, so the NLRB ruling does
not apply to their graduate students.
Graduate assistants at the University of Connecticut formed a union last month, after the
university's Board of Trustees voted to remain neutral in the effort. Graduate students at the
University of Kansas are exploring unionization out of concern that the university may cut
graduate students' work hours in response to the Affordable Care Act. The federal health-care law
requires employers to provide coverage to employees who work at least 30 hours a week.
At private universities, the NYU agreement is fueling new interest in organizing, said Matt
Canfield, who is in a Ph.D. program in anthropology at NYU and helped organize the cotlectivebargaining effort there. He said he had had conversations with graduate students at many private
universities in the months following the NYU union vote.
'We'll soon see the resurgence of a broader movement," Mr. Canfield said. "Graduate employees
at private universities are trying to set the groundwork for organizing."
But he and others acknowledged the challenges that remain for advocates of unionization at
private universities. The problems include opposition from administrations and the difficulty of
organizing students who are very busy and who cycle out of the university every few years.
The deal between NYU and its graduate students came as the administration was under pressure,
giving unionization efforts more momentum than they might enjoy elsewhere. The agreement was
brokered as a case was pending before the NLRB. The Graduate Student Organizing Committee
of the United Auto Workers was asking the labor board to reverse its 2004 Brown decision. The
NYU deal ended that case.
Unionization advocates had also gathered support from politicians across New York City and the

state following the university's decision in 2005 to no longer bargain with the union, in light of the
Brown decision. Mr. Canfietd said the committee increased its efforts in 2012 and had gained the
support of more than 250 elected officials, including many City Council members and state
legislators.
"From an organizing perspective, we were putting a lot of pressure on the administration," he said.

William B. Gould IV, a former chairman of the NLRB, said NYU had probably agreed to the deal
because of "a combination of bad publicity and reading the tea leaves" that the labor board would
overturn the Brown decision.

2/28/2015 8:26 AM

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He said graduate students at private colleges should be hopeful about future unionization
prospects because the board is interested in reconsidering the Brown decision.
Mr. Canfield and others said they were not aware of unionization efforts at private colleges that
were as advanced as those at Yale, where graduate students have been seeking to organize for a
long time. Mr. Greenberg's group, GESO, was founded in 1991.
Elsewhere, graduate students at institutions including Cornell University and the University of
Chicago have stepped up conversations about efforts to unionize.
Andrew Yale, a Ph.D. student in an English program at the University of Chicago, said he had
looked forward to an NLRB ruling in the NYU case before the agreement was reached there. If the
ruling had gone in favor of the graduate students, it would have created a path to unionize at other
private colleges.
Mr. Yale is on the organizing committee of Graduate Students United, a group that wants a union
that would be recognized by Chicago. It has advocated for issues like affordable on-campus child
care and private spaces for nursing mothers. He said group members are "contemplating our
options" following the NYU agreement.
That deal, he said, "provides a very promising model for advancing graduate-emptoyee
unionization at private universities."

Science and Math Don't Have to Be Practical to Be

Worthwhile
Benamin Winterhalter

5/12/2014
For better or worse, I spend a fair amount of time hanging out with graduate students in STEM
fields, many from elite schools. All the worst things you might suspect about them are (at least
partially) true: They're neurotic, privileged, insecure, and narrowly focused on their academic lives.
At the same time, though, the best things you might think about them are also generally true:
They're hardworking, intelligent, and passionate. They crack jokes whose punch lines require an
in-depth knowledge of calculus. They use the acronym "PCR" in casual conversation, as though
everybody knows what that means ("polymerase chain reaction," in case you were wondering).

This is not to imply that I am particularly cool: Nerdy graduate students aremuch as it pains me
to admit itmy people. The parties are better than you think.
Very often, I hear some version of the following meme repeated: STEM subjects are practical and
earthbound and technically precise, while the humanities are emotive and wistful. It's become

something of a cliche. But I think this popular perception is out of sync with what is actually going
on in these graduate programs. In discussing the humanities, people take for granted that the
objects of inquiry are, to varying degrees, disconnected from reality. They assume that the goal of
studying, say, Chekhov's The Cherry Orchard is to uplift the spirit, discover something about
beauty, and enrich one's appreciation of art. With STEM subjects, it's the complete opposite. We
assume that people study microbiology to develop vaccines that will save lives, or computer
science to design the next #BigData innovation, or mathematics to hone their minds for a lucrative
career managing a hedge fund.
These assumptions are partly about the temperaments of the studentsabout the kinds of people
who choose to study, say, chemistry over art historyand, in that respect, they're kind of true. But
I don't find this particularly satisfying. The logic is basically circular: It makes just as much sense
to say that someone is a pragmatist because he became a chemist as it does to say that he
became a chemist because he's a pragmatist.
More fundamentally, these assumptions are about the nature of academic training. People think
there is something inherent in chemistry that is reality-driven and therefore socially usefuland,
by contrast, something inherent in art history that is introspective and therefore disconnected from

society. The idea is that STEM disciplines train people to think more objectively and rigorously,
which is somehow related to practicalityin other words, studying covatent bonds is more useful

than studying Magritte paintings.

2/28/2015 8:26 AM

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This is a major oversimplification. Even hard scientists and engineers often care more about
understanding for understanding's sake than real-world consequences. And like their friends
studying literature and art history, many mathematicians are more interested doing their "art" for
its own sake rather than in making big bucks at a hedge fund.
Consider Michael Chen, a second-year graduate student in civil and environmental engineering at
MIT. Chen wants to focus his later research on problems that relate to hydraulic tracking, an
important topic of discussion among environmentalists. To him, this research represents a
welcome, "gritty" departure from the sterility of the laboratory. "It's an environmentally relevant
problem," he said. "This is about, 'How does humanity interact with the real world?'"
Now, however, Chen is working on a classic scientific experiment: He's doing research in a lab,

trying to solve a theoretical problem in fluid dynamics (an area of physics that deals with how
liquids flow). I asked him whether this experiment wasn't less practical than the "gritty" work he
wanted to do on hydraulic fracking. But Chen didn't agree that any academic pursuit, no matter
how arcane, should be dismissed as impractical. In fact, he made an eloquent argument about the
very nature of practicality.
"People often dismiss something as impractical when they're thinking on the wrong time-scale," he
said. "There's stuff in math that I go, 'Why in God's name would anyone ever need to understand
that?' Or, the classic example is special relativity. Einstein discovered it, people didn't understand
it, and then how many years later was there an atomic bomb? Without these theoretical
realizations, we'll never get to new places."
Erin Green, a Ph.D. student in molecular microbiology at Tufts University Medical School, has
spent a fair amount of time reflecting on the meaning of her scientific work. She has strong

opinions about practicality in scientific work, which depends on the distinction between
"translational research," geared toward developing applications, and "basic research," geared
toward understanding the world for its own sake, she said.
The general direction of scientific research is largely determined by fundinggrants from the
National Institutes of Health or National Science Foundation, mostly, she said. These grants are
often earmarked for trgnslational research. The National Institutes of Health, for example, is
mostly interested in using science to find new ways to cure disease. Clearly, this is important, but
the resulting funding schemes can derail scientific developments.
For instance, Green said, for many years, there was little funding available for research on
"biofilms," which is basically bacterial slime. ("It's the plaque on your teeth, the gunk in a pipe, the
rind on your cheese," she explained.) 'There was no apparent translational application, so it went
underfunded and understudied for years," Green said. It turned out, however, that understanding
the development of biofilms was enormously important in understanding the microbial roots of
infectious disease. 'We're now playing catch-up," Green said. 'There are certain basic aspects of
biology that you have to understand in order to treat infections,"
The lesson seems pretty clear: If you guide the flow of money based on current needs, you'll miss
deeper truths that you'll later find yourself wishing you had understood.
This can also be true in other fields. Nathan Pflueger, a Ph. D. student in the Harvard mathematics
department, is something of a math prodigy. As a child, he was so good at mathand so
absorbed by itthat he began to dedicate free time to working on math problems of his own
invention.
In the popular imagination, mathematics is very often understood as a tool for advancing scientific
research. It's a means to an end. It turns out, however, that many mathematicians don't feel this
way. Pflueger and I discussed the fact that there are major disagreements within mathematics
departments about whether math is more akin to art or science.
Pflueger was careful to explain the attractions of each view. "It's different things to different people
to different degrees," he hedged. But he confessed that he thinks it's more like an art, "just
because that's closer to my source of enjoyment of it. The draw I have to mathematical reasoning
is the same draw I have to philosophy and to idea-driven fiction." Pflueger noted that, although the
same people are often interested in both math and science, this doesn't necessarily mean
mathematics is akin to science. "People naturally drawn to philosophy or literature are unlikely to
explore the deeper, more beautiful parts of math because their sole exposure to it has been a
track geared toward science, with all the creativity and imagination removed. But if we required
you to pass an exam in botany before studying the piano, we'd be amazed at how many pianists

2/28/2015 8:26 AM

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were passionate about botany."


In some ways, the prevalent insistence on practicality in STEM fields seems like a form of
anti-intellectualism: It promotes a reductionist view of science and math, rather than embracing
the diversity and complexity of various disciplines. Not all humanists are fanciful and flighty, and
not all scientists are hard-nosed and pragmatic.

Jason Langworthy
Board Associate, Policy & Committees

Office of the Board of Regents


University of Minnesota
main: 612-625-6300
direct: 612-626-2266
laneopSoOumn.edu
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Sent: Tuesday, May 20, 2014 9:49 AM


To: Richard Beeson [rbeeson@umn.edu]; Dean Johnson [djohns@umn.edu]

Cc: Erie Kafer [ekafer@umn.edu]; Amy Phenix [pheni001@umn.edu]; Brian Steeves


[stee0168@umn.edu]

TO: ALL REGENTS


The following articles related to higher education governance appeared in various
news outlets today:

[_j| Schedules

1. University of Minnesota criticized for bloated administration spending (MPR)

|_3 Skitrip2014

2. INVESTIGATORS: U of M drug study criticism grows (Fox 9)

[_^ UMM
[^j long-save (19)
(_j short-save

^1 Manage Folders...

3. UMR graduates praise 'school like no other" (PostBulletin)


4. National report calls out U's admin spending (Minnesota Daily)

5. Team training takes off as new era in health reform dawns (Modern Heatthcare)

j University of Minnesota criticized for


j bloated administration spending
I Alex Friedrich

I 5/19/2014

I The University of Minnesota is once again in the national spotlight for its level of administrative
spending - and again saying its critics are off base.

i A report by the progressive Institute for Policy Studies puts ranks U of M third among five public
I universities whose administrative spending most outpaced spending on students and faculty from

\ 2005 to 2012.
It comes a year and a half after a Wall Street Journal article reported the university had highest
share of administrators among its university peers.
"In our study period, we definitely saw larger-than-average bloat," said Andrew Erwin, co-author of
the institute's report.

U of M officials rejected the findings in the study, calling it "extremely flawed" and based on faulty
data and methoolotogy.
"Overall, the report misrepresents the University of Minnesota, attempts to paint a very
sensational picture to support IPS' thesis, and ignores the reality at our institution," university
officials said in a written statement.
The report covers the 25 public universities with the highest executive pay from 2005 to 2012.
In it, the U's president is ranked 12th with an average of $670,000 in total annual compensation
during that period.
The institute wanted to see how executive pay and administrative spending changed between

2005 and 2012.

2/28/2015 8:21 AM

ews Clips - May 20, 2014 - Outlook Web App, light version https://maill.cord.edu/owa/?ae=Item&t=IPM.Note&id=RgAAAAB68..

It also wanted to see whether a relationship existed between rising executive pay, increased
student debt and low-cost faculty.

Nationally, it found that as university presidents enjoyed higher and higher pay, students and
faculty were suffering.
Spending on administration rose much faster than spending on scholarships, and student debt
increased, the report states.
Meanwhile, universities began to rely more heavily on low-paid adjunct professors.
Four of the top five schools in the report are Big Ten universities - U of M, Ohio State, Penn State
and the University of Michigan - though Erwin said he wasn't sure why that was the case. The
other school in the top five is the University of Washington.

Writing about the U specifically, the report found:


Higher executive pay. During the period studied, the U spent more than $4.4 million on total
compensation to top executives of its main campus - or an average of $669,874 a year.
More administrative spending. The D increased per-student spending on non-academic
administration more than doubled - from $2,574 to $5,790. During one two-year period - from

Fiscal Year 2010 to Fiscal Year 2012 - the U increased non-academic staff 200 percent from 762
to 2,384.
1.

Less financial aid. The U decreased per-student spending on scholarships by more than a third -

from $1,424 to $914.


More adjunct faculty. And during a time when the president earned $2.1 million, the number of
permanent faculty decreased 9 percent while the number of low-paid adjunct professor grew 223
percent, making then nearly half of all instructors.

Erwin said the university scored especially poorly in the area of high student debt and a growing
use of adjunct faculty, but had problems "across the board."

U questions findings
As it did when faced with the Journal's report, the U is criticizing the report's data and
methodology.
In a detailed report on its website, it questions the report's research methods, the data it uses and
the period it covers.
D of M officials the report sometimes uses data from the wrong source and for the wrong years. At
times it compares numbers that can't be compared, because federal measuring classifications
have changed over time, they said.
In one case, U of M's own financial-aid data contradicts the report's conclusions, and that it can't
recreate the report's claims using data from the report's listed sources.
Kaler said the researchers didn't understand the workings of the federal education-data system or
information they were looking at.
"Data is complicated," he said, "and people who just take a quick look at it can not understand
what the data is telling them."
Kaler also said the researchers never called to discuss what they had found.
"It's frustrating to see this data so misused," he said.
Kaler thinks the report has a left-teaning political agenda, coming as it does from a left-leaning
organization and at a time when adjunct faculty are trying to unionize around the country.
When asked whether the report showed any correct general trends at the U, Kaler said he could
not find any. He said he thinks state legislators - who demanded an independent analysis last year
after the Journal report - will believe the university's story after it looks at the facts.

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"I think a reasonable person would understand the flaws in this report," he said. "I'm counting on
our legislative folks to be reasonable people."
Erwin said he stands by his report, saying he and his colleague drew conclusions from publicly
available data.
"We feel confident that this is data that has been in the public record for some time now," he said.
"If the university has an issue with the data that relied on, we do encourage them to present
evidence to the institutions that collect this data in order to correct the record."
Kaler said that wasn't possible, Federal regulations allow changes to the data up to a year after it
has been submitted, he said.
Kaler and university leaders have long said that comparing the U's administrative spending with

that of other campuses using public data is fraught with peril,


Kaler said he "didn't see a lot of value" in performing its own public-data analysis because of the

difficulties.
The institute's report covers only the first year of Kaler's tenure, and does not reflect the progress
he has made since then - something Erwin acknowledges.
Among that progress was Kaler's ability to persuade the legislature to fund a two-year tuition
freeze for undergraduates.

He has pledged to cut $90 million in administrative costs by 2019 - something on which Kaler is
ahead of schedule.
Kaler also said he has also mvested in student scholarships as well as the recruitment and
retention of faculty.
After the Wall Street Journal report, Kaler also commissioned a consulting firm last year to
analyze the U's administration and efficiency. The U earned good marks in that report.
Envin said back in 2012, "administrative spending was still an issue."
The question now, he said, is: "How is the university doing on reducing costs?... It's also, 'Well,
where are you placing that money now? Are you moving that money out of administrative
expenditures into student scholarships and into more permanent full-time faculty?"

INVESTIGATORS: U of M drug study criticism grows


Jeff Bailton

5/19/2014
The report can be viewed on the Fox 9 website: http://www.mvfoxtwincities.com/storv/25557069
/investiaators-u-of-m-drug-studv-criticism-grows

"I said, 'I'm done. I'm not taking this anymore,' because I thought I was going to die," Robert, who
asked that his last name be withheld, told the Fox 9 Investigators.
All he wants is an apology.
"What happened to me was really horrible," Robert reflected.
However, a former government regulator believes what happened to Robert is so disturbing it
warrants a federal investigation.
"That whole picture is very troubling and reflects a failure to ensure that subjects are being
adequately protected regarding this research," Dr. Mike Carome said.
Robert's story is part of an ongoing Fox 9 Investigation into drug research conducted by the
University of Minnesota's Department of Psychiatry.

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Last fall, the Fox 9 Investigators reported on the case of Dan Markingson, who died after trying to
cut his head off while enrolled in a drug trial. Robert says his experience in a different study nearly
drove him to commit suicide.
'They don't care about what happens to the person," he said. "They care about the money from
the drug company."
Back in 2007, Robert developed ringing in his ears, started hearing voices and was feeling
anxious. He feared it was a brain tumor and went to the emergency room. He was transferred to

the psych unit at Fairview Riverside Hospital, which is where he was diagnosed with paranoid
schizophrenia. That's where he was approached by D of M researchers.
"Immediately, they were on me to do experimental medications, non-FDA approved - and I had
never been on medications in my life," Robert said.
Robert said he felt coerced to enroll in a trial for an experimental drug called Bifeprunox,
"Then, they say you have a giant medical bill and if you do the research, you won't have this giant
medical bill," Robert recalled.

Robert admitted he was worried about the safety of Bifeprunox since it did not have FDA
approval.
"They told me the drug was safe," he said. "He told me it was going to be the next treatment for
schizophrenia and everybody was going to be taking it."
Robert gave the U permission to release his medical files to the Fox 9 Investigators. Dr. Stephen
Olson was in charge of the trial, and part of his salary was paid by the drug's maker, Solvay
Pharmaceuticals.
Olson wrote in the clinical record that Robert was "very interested" in the opportunity to have his
medical expenses covered by the study because of a lack of insurance. He also noted that Robert
did have concerns about the drug's safety, writing "although initially leery of the Bifeprunox study
as was experimental mediation, he was reassured that enough patients have been treated to be
more sure of its safety."
"That is inappropriate," Carome said. "It minimizes the risk and that was the very reason this trial
was being done - to try and find out if the drug is safe."
Carome is a physician who previously worked for the federal government's Office of Human
Research Protection. He helped develop and write the regulations that are supposed to guard
research subjects from abuse. Now, he's on staff with the watchdog group Public Citizen.
"One should not have provided any assurances that the drug is safe," Carome said.
The Fox 9 Investigators asked Carome to review Robert's records.
"It is understating the risks," Carome said.
In hindsight, it's now known that there were significant risks associated with the drug. Just weeks
after Robert enrolled in the study, the FDA rejected Bifeprunox for approval. Within months, the
Solvay Pharmaceuticals halted all research after the medication was linked to the death of a study
subject in Europe who suffered liver failure.
"I was incompetent and I didn't know what 1 was doing," Robert said.
Robert can't recall if university researchers ever told him about those developments. There was

no written notification the Fox 9 Investigators could find in his file about the FDA denying approval
of the drug.
Robert did sign a consent form when he first enrolled in the study, and there was a line in it about
a death in another Bifeprunox study related to liver abnormality.
'The way the language read on the consent form downplayed that risk inappropriately," Carome
said.

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Records show that white Robert was in the trial, he complained of having abdominal pain.
"I should have been taken out of the study right away when I had these pains," he said.
Robert went to the emergency room three times - once by ambulance. One ER doctor suspected
the pain might be related to the experimental drug. In fact, abdominal discomfort and constipation
were listed as possible side effects of Bifeprunox.
Olson, the study investigator, made note of Robert's complaints and reported them to the drug
company, but documents show he listed their connection to Bifeprunox as "unlikely."
"The presumption should have been that those were due to the drug unless proven othenwise,"
Carome said.

Three months into the study, Robert said the pain was so bad that he was having thoughts of
suicide and decided to drop out of the research. Here's what Olson wrote about that: "He decided

to quit the study due to these psychosomatic Sx [side effects]."


Carome finds it troubling that Olson discounted the possibility that the drug was responsible for
Robert's symptoms.
"That's not really in the best interest of the human subjects whereas it might be in the best interest
of the sponsor who hopes someday to get this drug approved by the FDA," he explained.
Olson declined to be interviewed by the Fox 9 Investigators. He has not responded to questions
about what he told Robert early on about the drug's safety or why he determined the side effects
Robert was having were psychosomatic.

In a statement to Fox 9, Olson called into question Robert's ability to recall what really happened
in 2007.
"His medical record shows extreme anxiety and paranoia, a history of head injuries and lengthy
battle with alcoholism," the statement read in part. "It is highly inappropriate for him to be put in
the media spotlight as a spokesperson for clinical trial safety."
After Robert left the study, he sought conventional treatment for his illness and is doing well.
"People are more important than research, and they don't seem to understand that," he said.
His vulnerability at the time of his recruitment is exactly what concerns experts like Carome and
others.

This month marks the 10th anniversary of the suicide of Dan Markingson, a research subject in
another drug trial run by Olson. Markingson's family accuses university researchers of coercing

him to enroll in the study and then ignoring their pleas to have him removed because they feared
he was in danger of killing himself or someone else.
An FDA investigation cleared the U of any wrongdoing, but a group of 170 scholars worldwide
want the case to be reopened and to have the U's human research practices scrutinized by
independent experts.
"My concern is there's widespread abuse of psych research trials - that this isn't an isolated case,
that there are more deaths like this," a protestor named Doug said.
Some medical students at the D want an outside investigation as well. They recently staged a
protest at the board of regents meeting.
"I want to see some justice done on this," former Minnesota Governor Arne Carlson said.
Carlson contacted the Fox 9 Investigators after seeing the coverage of the research controversy.
"I'm going to continue to press," he vowed.
He has written letters to the university's president, the board of regents, and Gov. Mark Dayton,
urging them to do something.

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"I can't get a solid answer on how many people, how many have been victimized by this," Carlson
said. "What does that tell us? It tells us that secrecy runs rampant at a time when we need
openness."

Carlson says nothing short of an independent, very public review of what is going on inside the
university's psych research department will do.
The U declined a requests for interviews about the Markingson case or Robert's. They say an
internal investigation of Robert's complaints is currently underway.
"I told my therapy group this is like some horror story out of the 1950s," Roberts said. "I couldn't
believe it happened in this present day."

UMR graduates praise "school like no other'


Tom Weber

5/19/2014

When Julie Risinger told her friends in Roseville four years ago that she was going to attend the
University of Minnesota Rochester, they were taken aback, she said.
"A lot of people are like, There's a U in Rochester?'" Risinger said Saturday after graduating with
distinction from UMR's bachelor of science in health sciences program. 'They're still sutrprised."
Risinger, who was selected by students to be one of their commencement speakers at Saturday's
ceremony at the Mayo Civic Center auditorium, said the school's relatively small size is one of the
factors in its success. 'The class sizes are small, and you definitely become close to each other
and close to your professors," she said. "That really helps the education process."
Indeed, the 80 students who received undergraduate degrees Saturday would represent a
minuscule portion of the graduating class at most colleges and universities. The fact they attended

and graduated from a urtiversity located in a shopping mall in the middle of the city only adds to
the uniqueness of their college experience.
"We've received an education like no other from a school like no other," said Jessica Wojcik, of St.
Michael, another student who spoke at commencement.
Like most UMR graduates, Risinger and Wojcik already have their next steps in place. Risinger

will attend the Des Moines University doctor of osteopathic medicine program, while Wojcik wilt
become a sonographer at Mayo Clinic.
Steven Lehmkuhle, the chancellor of UMR, said other students will go on to medical school,
training programs, graduate school and jobs. This group of graduates is the second class to have
completed their bachelor's degree entirely at UMR. Lehmkuhle said, 80 percent have graduated
within four years, a higher percentage than at the U's main Twin Cities campus.
'We love you much more when you finish in four," he told the graduates.
Risinger is perhaps typical of UMR's graduates. "I came in thinking I wanted to go into the medical
field," she said. A professor pointed her toward the doctor of osteopathic medicine program, which
she'll start in September.
Meanwhile, Risinger said she has noticed a change in Rochester during her four years here.
"It has definitely become a more younger-feeling town as we've been here," she said. "I think
we've helped change that."
In addition to awarding undergraduate degrees, UMR Saturday awarded its first doctorate degree
to Timothy Kline, of Rochester, who received his degree in biomedical informatics and
computational biology.
Eric Kaler, president of the University of Minnesota, addressed the graduates and said people
who question the value of a college degree are misguided. "Your degree and your knowledge is a

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critical public good," he said.

National report calls out U's admin spending


Anne Millerbernd

5/19/2014
The University of Minnesota is facing national criticism of administrative bloat, but school leaders
say the numbers are skewed.
The Institute for Policy Studies released a report on Sunday, evaluating public universities' levels
of administrative spending in comparison to their student debt levels and numbers of contingent
faculty employed. The report ranked the University third most unequal in its spending.
President Eric Kaler said the report, released by a self-described "progressive multi-issue think
tank" based out of Washington D.C., uses faulty and poorly analyzed data.
"The people who wrote this report used the federal data," he said, "and simply didn't understand
the data well enough to get the results that they claim."
The authors collected public data to determine which public schools spent the most on executives
and administrators, according to the report.
The report titled "The One Percent at State D" comes less than two years after a Wall Street
Journal article criticized the University's administrative spending.
The latest report accused the University of drastically increasing its number of administrative staff
while decreasing spending on full-time faculty and student scholarships.

The institution tripled its number of non-academic administrative staff from 2010 to 2012,
according to the report.
The University denied these findings in a public response released Sunday. The release said
there hasn't been a dramatic increase in non-academic staff and the University increased

spending for scholarships by nearly 50 percent from 2005 to 2012.


The University's response said while they agree the report addresses important issues, like
administrative spending and student debt, it fails to address them in a "responsible and truthful
way."

It also neglects to address the University's progress toward cutting administrative spending, the
response said.
Kaler announced a plan in September to cut administrative costs by $90 million over the next five
years. His proposed budget for the next school year includes $20 million of cuts.

Team training takes off as new era in health reform


dawns
Andis Robeznieks

5/17/2014

Included at the request of a Regent.


At the University of Minnesota Malcolm Moos Health Sciences Tower, teams of students from
around the country studying medicine, nursing, pharmacy, public health and healthcare
administration come together each year to compete in a contest testing their ability to solve a
systemic and individual patient problem through an interdisciplinary approach.
This year, the competition, which originated in 2002 with a University of Minnesota student group,
focused on heart failure treatment and clinical problems of a fictional patient at a fictional hospital.
Student teams had to assess the case and make a presentation explaining their approach to the
patient and future patients in similar circumstances. This year's winner was a multidisciplinary

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team from University of Washington in Seattle.


A growing number of academic medical centers and health systems around the country are
offering training to students and working professionals in how doctors, nurses, pharmacists,
physician assistants and other clinicians should collaborate to provide coordinated care and work
together on new models such as patient-centered medical homes and accountable care networks.

Advertisement ] View Media Kit


Experts say such interprofessional education (IPE) is essential as the U.S. healthcare system
moves toward integrated-care delivery and strives to improve quality and reduce costs.

Traditionally, they say, physicians have tended to work independently, without optimal coordination
with other healthcare professionals, resulting in fragmented care that too often leads to adverse
patient outcomes.
But those leading IPE efforts face some resistance to the concept. Dr. Mark Earnest, director of
interprofessional education at the University of Colorado Anschutz Medical Campus, said he
recently was asked by a senior physician colleague, "What's with this hug-a-pharmacist class
anyway?"
Despite such pushback, last July the Liaison Committee on Medical Education issued a new
accreditation standard requiring all U.S. medical schools to "prepare students to function
collaboratively on healthcare teams that include other health professionals." A survey reported in
the journal Academic Medicine this month found that progress is being made. Eighty-five percent
of health-profession educators responding to the survey said elements of 1PE existed in their
courses, while 80% reported interprofessional collaboration takes place in clinical rotations or
internships.
At the University of Colorado, students entering medicine, nursing and other healthcare
professions learn side by side and prepare for future collaboration. Influenced by the 1999 report
from the Institute of Medicine, "To Err is Human," Earnest argues that better teamwork and
communication reduce medical errors. "There was a strong sentiment that our students needed
skill sets for the 21st century that we were not providing," he said. "The evidence behind the
importance of teamwork is just going to grow."
In 2012, HHS' Health Resources and Services Administration, with funding from four healthcare

philanthropies, chose the University of Minnesota Academic Health Center as the site of the new
National Center for Interprofessional Practice and Education. Barbara Brandt, U.M.'s associate
vice president for education who also serves as the center's director, said the challenge is training
students for new practice models and designing education to get the outcomes the nation seeks.
"It's a different way of doing business," said Dr. George Thibault, president of the Josiah Macy Jr.
Foundation, one of the funders of the national IPE center. He said research has shown better
teamwork results in better care.
IPE for students entering healthcare professions is a concept that goes back to the 1950s. But
barriers remain, and Thibault said the training needs to be extended to practicing physicians and

other working clinicians. The article in Academic Medicine cited funding limitations, lack of
institutional leadership, variations in academic calendars and faculty attitudes as IPE hindrances.

Other issues include a shortage of qualified faculty to teach IPE, a dearth of course materials and
a lack of evidence about what training approaches work best.
Another issue is time. Students in the health professions have to master a lot of knowledge, and

the time required to learn team building "competes with the need to learn kidney physiology that
week," Earnest said.

There's also a shortage of good training sites. "The single biggest obstacle is the paucity of
practice sites that can serve as a good role model for team-based care and that are willing to have
learners there," said Dr. Carol Aschenbrener, chief medical education officer for the Association of
American Medical Colleges.
Geisinger Health System in Danville, Pa., a leader in developing the patient-centered
medical-home model and team-based care, provides IPE training to students and practicing
professionals. "Medicine is truly a team sport, but we haven't treated it like a team sport," said Dr.
Douglas Kupas, Geisinger's associate chief academic officer for simulation and medical
education.

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Along with training its own staff, Geisinger offers IPE to students from Temple University School of
Medicine in Philadelphia, the Philadelphia College of Osteopathic Medicine and Bloomsburg (Pa.)
University's department of nursing.
Geisinger's program has medical, nursing and pharmacy students working on quality
improvement projects, practicing in different scenarios and rounding together. The goal, Kupas
said, is to build "situational awareness" so all members of the team know what they should be
doing and how to complement each other's work.
Two-hospital health system Christians Care in Wilmington, Del., has also received recognition for
its IPE training program. It recently earned the 2014 Leape Ahead Awardrecognizing excellence
in patient safety among medical schools and teaching hospitalsfrom the American College of
Physician Executives, for its team-based care and training program.
Dr. Virginia Collier, Christiana Care's chairwoman of medicine, said the system's teams of
physicians and physician assistants in intensive care had been working so well together that there
actually was tension when new resident physicians arrived for their ICU rotations and had to join
the well-oiled teams. This issue was resolved by clarifying the roles and responsibilities assigned
to the residents and PAs.
At Christiana Care, team-based care is emphasized for the department of medicine's training of its
65 residents. Simulation is used to build teamwork in scenarios involving attending physicians,
nurses, case managers and others. Physician assistants are used extensively in intensive care,
and nurse practitioners are heavily involved in the system's Acute Care for the Elderly unit. "We've
heard our hospitalists call case managers the glue that holds everything together," said Mike
Eppehimer, vice president of Christiana Care's department of medicine.
Interprofessional teams also do rounds together, which leads to better communication between
staff, patients and their families. "It's important that the entire team knows the care plan and
speaks with one voice," Collier said. "Studies show it gives patients and their families confidence
and correlates to patient satisfaction."
At North Shore-Long Island Jewish Health System in Great Neck, N.Y, the emergency
department was the first hospital area to participate in team training. Now the system has 47,000
employees undergoing regular team-based simulation training, with as many as 20 simultaneous
sessions, involving up to 300 people a day, said Kathleen Gallo, senior vice president and chief
learning officer at the system. Simulations use high-tech mannequins with systems that mimic the
human body as well actors with whom clinicians rehearse how to tell a patient or a family member
bad news. It's mandatory "for anybody who touches our patients, whether it's the new residents or
our chair of anesthesia," Gallo said.
While team-based care is well established in operating rooms and EDs, the biggest new focus is
primary care, given the growth of the patient-centered medical-home model. At Oregon Health &
Science University, Dr. John Saultz, chairman of the department of family medicine, said
team-based care is improving care quality. But the most lasting impact may be enhanced staff
satisfaction.

Saultz is overseeing the participation of three OHSU clinics in the CMS Comprehensive Primary
Care Initiative, in which insurers pay providers a per-member, per-month fee to support
multidisciplinary care coordination. Saultz said the team-based nature of the medical home will
attract new doctors to primary care. "I like going (to work) more than I have in my 30 years as a
family physician," Saultz said.

Jason Langworfhy
Board Associate, Polity & Committees

Office of the Board of Regents


University of Minnesota
main: 6l2-62F;-6.tOO

direct: 612-626-2266
laneo78o(a)umn.edu

^^
Connected to Microsoft Exchange

2/28/2015 8:21 AM

,.

.~

Year 2013-14
UNIVERSITY OF MINNESOTA
BOARD OF REGENTS
Public Forum on the President's Recommended
FY 2015 Annual Operating Budget
May 9, 2014

A meeting of the Board of Regents of the University of Minnesota was held on Friday,
May 9, 2014 at 12:30 p .m . in the Boardroom, 600 McNamara Alumni Center.
Regents present: Richard Beeson, presiding; Clyde Allen, Laura Brod, Thomas Devine,
John Frobenius, Dean Johnson, Peggy Lucas, David McMillian, Abdul Omari, and
Patricia Simmons.
Staff present: President Eric Kaler; Chancellors Lendley Black and Fred Wood; Senior
Vice President and Provost Karen Hanson; Vice Presidents Katrice Albert, Kathryn
Brown, Brooks Jackson, Richard Pfutzenreuter, and Scott Studham; General Counsel
William Donohue; Executive Director Brian Steeves; and Associate Vice President Julie
Tonneson.
Regent Beeson welcomed those in attendance. He reviewed the forum procedures and
stated that the Board of Regents would vote on the proposed budget at the Board's
June 13, 2014 meeting.
The following individuals addressed the Board :
Trevor Ames - Chair, Twin Cities Deans Council
Ames commented on the need for continued tuition relief for professional and graduate
students. He thanked the administration for freezing tuition for Veterinary Medicine
professional students.
Cherrene Horazuk - President, AFSCME Local 3800
Horazuk emphasized the increase in administrative positions while clerical staff
positions have been reduced. She demanded a full accounting of how administrative
costs have been cut. She also asked that a sliding scale be instituted for healthcare
costs.
Cassandra Hendricks - University Pro-Choice Coalition
Hendricks explained that her sister's student debt burden would negatively influence
her future choices for medical school. She also stated that upon graduation, she would
move back home due to her student debt.
Andrew McNally - President, Council of Graduate Students
McNally emphasized a concern for the future of graduate students. He advocated for
increased support given the integral role that graduate students play within the life of
the University, specifically growing fellowship funding.

203

Public Forum on the Annual Operating Budget


May 9, 2014

Jean Quam - Dean, College of Education and Human Development


Quam expressed support for the freeze in undergraduate tuition and the increase in
faculty compensation. She also advocated for the use of open textbooks to save
students money.
Quam's comments were interrupted by the actions of protesters. Beeson called the
meeting to order, instructing protesters to leave the room or they would be removed.
Brian Dailey-Arndt - Alliance of Students Organizing for Power
Dailey-Arndt relayed a story about a non-resident undergraduate student struggling
with significant student debt. He advocated for a freeze on non-resident student tuition.
Will Durfee - Chair, Faculty Consultative Committee
Durfee expressed support for the reduction in administrative costs and urged the Board
to continue to hold the administration accountable. He further expressed support for
merit-based compensation. He encouraged the Board to outline a clear process to define
graduate tuition.
Barbara Bezat - Steward, AFSCME Local 3937
Bezat presented a statement from Teresa Shunk, president of Local 3937. She conveyed
concern for the outsourcing of Minnesota jobs, specifically the fire life operations being
moved to Colorado.
Hannah Keil - Duluth Student Association
Keil offered thanks to the Board, president, and the administration for working with the
Duluth campus to reduce the budget deficit. She asked for further financial support to
close the gap, expressing the need to keep tuition at current levels.
Joanna Nunez - Twin Cities Undergraduate Student
Nunez detailed demands that the Whose Diversity? Collective made to the
administration. She called upon the Board to consider an increase in funding to
support programs that increase diversity and expand ethnic studies.
Russell Luepker - Chair, Committee on Finance and Planning
Luepker offered support for the freeze on undergraduate tuition and the start of
conversations around graduate and professional tuition. He indicated his support for a
fund that has been used to offset increasing health insurance costs for employees, but
wondered about the future of the fund.
Leigh Turner - Twin Cities Faculty
Turner expressed concern about the handling of the Dan Markingson case. He urged
the Board to empower an independent organization to fully investigate psychiatric
research .
Ashley Hall - Twin Cities Graduate Student
Hall spoke in favor of the tuition freeze for the College of Veterinary Medicine. She asked
that the Board advocate for increased state funding and further exploration of cost
saving options for graduate and professional students.

204

Public Forum on the Annual Operating Budget


May 9, 2014

,,

Christopher Getowicz - Alumni, Students for a Democratic Society & Whose


Diversity?
Getowicz cautioned that higher education debt continues to increase, burdening recent
graduates for many years. He emphasized his worries around administrative policies
dealing with diversity and free speech.
Johnathon Walker - Twin Cities Undergraduate Student
Walker conveyed concern for administrative policies dealing with homeless people using
University librartes. He further expressed his concerns with the University's new
security measures.
Keaton Miller - Representative, Graduate Education Council
Miller outlined cuts to graduate student support programs, while increasing tuition for
graduate students. He stressed the lack of support programs for graduate students and
urged the Board to increase overall support for graduate students.
Sandi Sherman - AFSCME Local 3800
Sherman expressed concern over University inaction to mitigate additional costs of
employee health benefits. She stated that the employee committee set up to hear
information about health insurance costs was not able do the work assigned to it.
Joelle Stangler - Incoming President, Minnesota Student Association
Stangler conveyed her support for the freeze in undergraduate tuition. She described
how her parents have had to seek higher-paying jobs to help support the cost of her
education. She expressed concern regarding increases to room and board charges and
the increase in tuition for non-resident students.
Michael P!au - President, University Education Association
Pfau thanked the Board and the president for the support they have shown the Duluth
campus. He advocated for the unique position that Duluth holds within the University
system as a regional comprehensive university focused on undergraduates. He
cautioned that Duluth would need continued support as it competes with institutions
offering significantly lower tuition rates.
Ryan Olson - Senator, Student Senate
Olson thanked the Board and president for their support of undergraduate education
and the tuition freeze. He cautioned that rising non-resident tuition, along with
graduate and professional tuition, would not be manageable for students.

The meeting adjourned at 1 :36 p.m.

BRIAN R. STEEVES
Executive Director
and Corporate Secretary

205

Public Forum on the Annual Operating Budget


May9, 2014

BOARD OF REGENTS

DOCKET ITEM SUMMARY


Audit

December 11, 2014

Agenda Item:

Institutional Compliance Officer Semi-Annual Report

D Review
[!]

Review + Action

D Action

[!] Discussion

This is a report required by Board policy.

Presenters: Lynn Zentner, Director, Office of Institutional Compliance

Purpose & Key Points


This presentation provides the Audit Committee with information on the significant compliance
matters that have arisen since the Compliance Director's last report. The presentation will help the
committee carry out its oversight responsibilities of the University Compliance Program.
The report addresses the following:

Ensuring safety on all University campuses.


The importance of risk assessments.
Working toward full compliance with the Payment Card Industry Data Security Standards.
Conflict of interest disclosures nationally and at the University.
Revised federal agency policies may create new compliance challenges.
Clinical trials under review.
Compliance related training/education.
UReport statistics for calendar year 2014.

Background Information
Under Board of Regents Policy: Audit Committee Charter, the Audit Committee is responsible for the
oversight of the institutional compliance program. The director last reported to the committee on
February 13, 2014.

49 of 72

REPORT OF THE DIRECTOR, OFFICE OF INSTITUTIONAL COMPLIANCE,


FOR THE AUDIT COMMITTEE OF THE BOARD OF REGENTS
ON THE UNIVERSITY COMPLIANCE PROGRAM
DECEMBER 11, 2014
INTRODUCTION
This repmi addresses the following: (1) Ensuring Safety on University Campuses; (2) The
Impmiance of Risk Assessments; (3) Working Toward Full Compliance With the Payment Card
Industry Data Security Standards; (4) Conflict oflnterest Disclosures Nationally and At the
University; (5) Revised Federal Agency Policies May Create New Compliance Challenges; (6)
Clinical Trials Under Review; (7) Compliance Related Training/Education; and (8) URepmi
Statistics For Calendar Year 2014.
Additional information regarding the University's Office of Institutional Compliance is available
on the Office's website. Links to relevant resources are also provided.
http://www. compliance. mnn. edu/complianceHome.htm.

I.

ENSURING SAFETY ON UNIVERSITY CAMPUSES

During the reporting period, effmis unde1iaken by faculty and staff reflect the University's
commitment to workplace safety.

A. EXPLOSION IN LABORATORY AT SMITH HALL


An explosion occurred in the Chemistry Department on the fomih floor of Smith Hall on June
17, 2014. A doctoral student was injured as a result of that explosion. His injuries were not
serious; however, he was hospitalized for two days.

The chemical involved in the explosion was TMS azide ("TMS"), a chemical compound used as
a reagent in organic chemistry. Although the amount of TMS used for the experiment conducted
by the student was not determined to be substantially more than what is described in the
experimental literature for the experiment, to avoid a repeat of the high energy explosion that
occurred, the Chair of the Chemistry Department has since substantially limited the amount that
can be used in a given experiment. The Department is also taking steps to ensure that potential
energies of reactions are considered when determining if a reaction should be conducted.
The student had conducted the same experiment 12 times before the June 17 incident without
incident. At the time of the explosion, the student was not wearing protective equipment as he
was getting ready to leave the lab when he noticed something unusual about the chemical
reaction, walked over to inspect the mixture, at which point the explosion took place.
Although it may be difficult to identify exactly what caused the explosion, it is likely that it
resulted from the introduction of moisture into the synthesis, overheating the mixture, or a
combination of these factors .
The Chemistry Depaiiment Chair and others in the College of Science and Engineering had been
extremely proactive on lab safety issues before the explosion occurred. Their effo1is included
unannounced visits to labs, rigorous safety training, and ongoing communications among Pls,

50 of 72

students, and depaiiment chairs. In fact, on the day of the explosion, lab safety training was
taking place in the building where the explosion occurred. Ensuring the consistent use of
personal protective equipment has also been addressed and will be managed even more closely in
the future.
At the time the explosion occmTed, the student was replicating an experiment/process described
in professional journals. The Chemistry Depaiiment informed several publications about the
incident including: Chemical and Engineering News, Bioorganic and Medicinal Chemistry
Letters, Organic Synthesis (primary source), and Synthesis.
Following the explosion, the Office of Occupational Health and Safety was contacted by OSHA.
Since the injured student is not a University employee, OSHA has no jurisdiction over this
matter.
The Depaiiment of Environmental Health and Safety took the lead on the investigation
paiinering with the Depaiiment of Chemistry to identify root causes and preventive actions.
This was not an incident that could have been anticipated. Nonetheless, its occurrence
underscores the impmiance of lab safety education and commitment to safe practices.
B. VIOLENCE AGAINST WOMEN ACT

The Office of Institutional Compliance has repmied in the past on the additional requirements
imposed by the revisions to this federal law which was signed into law in March 2013. Going
forward, the Office of Equal Opp01iunity and Affirmative Action will investigate all sexual
assaults alleged by students and staff, pa1inering with UMPD as appropriate, and with the Office
for Student Conduct and Academic Integrity when students are involved.
Revised Federal regulations were issued on October 20, 2014. They become effective on July 1,
2015. The regulations provide further clarity for the revised statutory provisions that went into
effect in March 2013. A few of the notewmihy provisions are described below:

Revised the categories of bias for the purpose of Clery Act repmiing to include gender
identity and to separate ethnicity and national origin into separate categories;
Require institutions to provide to incoming students and new employees and describe in
their annual security repmis information regarding prevention and awareness programs;
Require institutions to describe the range of protective measures they may offer following
an allegation of dating violence, domestic violence, sexual assault, or stalking;
Require institutions to describe each type of disciplinary proceeding used by the
institution; the steps, anticipated timelines, and decision-making process for each type of
disciplinary proceeding, how to file a complaint, and how the institution determines
which type of proceeding to use based on the circumstances of an allegation of dating
violence, domestic violence, sexual assault, or stalking.

The University's policy: Sexual Assault, Stalking, and Relationship Violence was updated in
January 2014 to comply with the changes resulting from revised Federal law. The Office of
Equal Oppo1iunity and Affirmative Action has responsibility for compliance with and
implementation of the recent statutory and regulatory revisions. A major focus is and will
continue to be on educating supervisors and faculty advisors regarding the requirements of the
law and regulations and the processes the University currently has in place to ensure compliance.
2

51 of 72

In addition, University Services through the University's Police Department, has and will
continue to have significant responsibility for Clery Act rep01ting. The Clery Act requires
colleges and universities across the United States to publicly disclose information about crime on
and around their campuses and to rep01t ce1tain statistics to the Depaitment of Education.
Recent presentations have been given on the revisions to this law at a meeting of the Board of
Regents Academic and Student Affairs Committee in September and at a meeting of the
Operational Excellence Leadership Group in November.

II.

THE IMPORTANCE OF RISK ASSESSMENTS

Three separate but related initiatives either have been or are currently underway to evaluate and
manage risk in the context of information security.
A. ADMINISTRATIVE POLICY TITLED "INFORMATION SECURITY RISK

MANAGEMENT"
An administrative policy, initiated by the Office of Information Technology (OIT) and adopted
by the University in January of this year, requires the development of an annual security risk
assessment plan in consultation with collegiate and administrative units. These units are
responsible for cooperating with the implementation of the annual plan and, upon request,
collaborating with the University's Chieflnformation Security Officer to complete security risk
assessments and develop remediation plans if needed. The rationale for the policy is that it is
critical that the University administer formal information security risk management processes in
order to facilitate compliance with applicable state and federal laws and regulations, protect the
confidentiality and integrity of University of Minnesota data, and enable informed decisions
regarding risk tolerance and acceptance. Once risk assessments have been completed and risk
areas identified and evaluated, OIT, in collaboration with individual colleges and administrative
units, will determine how to most effectively manage identified risks.

B. HIPAA SECURITY RISK ASSESSMENT


HIP AA regulations require the conduct of risk assessments. The Office for Civil Rights (OCR)
within the Depaitment of Health and Human Services, considers a risk analysis to be the first
step in identifying and implementing safeguards that comply with and carry out the standards
and implementation specifications in the HIP AA Security Rule. According to OCR, the
elements of a risk assessment should include:
Defining the Scope of the Analysis;
Data Collection (identifying where e-PHI is stored, received, maintained or transmitted);
Identifying Potential Threats and Vulnerabilities;
Assessing Current Security Measures Used to Safeguard e-PHI;
Determining the Likelihood of Threat Occunence;
Determining the Potential Impact of a Threat Occurrence;
Determining the Level of Risk;
Documenting the Risk Analysis; and
Conducting Periodic Reviews and Updates to the Risk Assessment.

52 of 72

The HIP AA Security Rule does not dictate or prescribe the frequency with which risk
assessments are conducted but it is implied that they be ongoing. The circumstances of each
environment will determine whether they are done annually, bi-annually, every three years, etc.
The University issued an RFP in May for the purpose of selecting a vendor to conduct a
comprehensive HIP AA security risk assessment. Deloitte was selected. The risk assessment
process began in early November and will likely continue through the end of this calendar year.
C. EXFERNAL INFORMATION SECURITY ASSESSMENT

In August, the Office of the Vice President oflnformation Technology/Chieflnformation Officer


(OVPCIO) issued an RFP for an information security assessment intended to provide a strategic
external assessment of the University's information security program strategy, planned
implementation, and current maturity. In initiating this review, OVPCIO sought the expertise of
a vendor to assist in establishing a quantifiable way of measuring where the University is today
and where the institution should be. The selected vendor would also be responsible for providing
the following:

A baseline evaluation of the University's current infmmation security program and


recommendations regarding appropriate aspirational goals relative to other institutions
of higher education;
A written action plan that prioritizes proposed areas of focus;
A proposed time frame for implementing key action items;
Separate findings and recommendations regarding program strategy and operational
implementation; and
A final repo1t that merges findings and recommendations into program strategies and
operational implementation approaches .

Berry Dunn was selected as the vendor. The external review process began in September and an
onsite visit occurred in October. The results of this review will inform strategic information risk
tolerance discussions planned with the President's Operational Excellence Committee in
December and the Audit Committee of the Board of Regents in May 2015.

III.

WORKING TOWARD FULL COMPLIANCE WITH THE PAYMENT CARD


INDUSTRY DATA SECURITY STANDARDS

We have repmted in the past on the application of the Payment Card Industry Data Security
Standards (PCI DSS) that address security issues in the context of credit card transactions. These
standards address the credit card process from the point of entry of credit card data into a system
ofrecords, to the processing of the data through the payment process. For example, credit cards
are used for purchases made at the University of Minnesota Bookstores and for parking in
University ramps.
An on-site assessment of the University's PCI DSS compliance was conducted by a Qualified
Security Assessor (QSA) in January 2014. The QSA completed a repo1t on compliance
identifying areas in which the merchants and the University were not in compliance with PCI
DSS. The repmt showed significant improvement over the assessment completed the previous
year. The findings addressed in the report have been presented to individual merchants who are
working through the remediation process. The QSA will return to complete another assessment
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53 of 72

in January 2015. This assessment will be completed using version 3.0 of the PCI DSS (released
in November 2013).
In an audit of Parking and Transpmiation Services (PTS) conducted by the Office of Internal
Audit (report issued June 2014) it was noted that one system used by PTS did not meet PCI DSS
requirements. Remediation of the issues identified is being handled by PTS in consultation with
the QSA, the Controller's Office, and University Information Security (UIS). The QSA will
review PTS systems again when conducting the University-wide on-site assessment in January
2015. In addition to the review that will be conducted by the QSA, UIS, in conjunction with the
security risk assessment process it initiated in fall of 2014, will review units with PCI DSS data
for information security risk in February 2015.

IV.

CONFLICT OF INTEREST DISCLOSURES NATIONALLY AND AT THE


UNIVERSITY
A. THE SUNSHINE ACT AND OPEN PAYMENTS WEBSITE

The Physicians Payments Sunshine Act ("the Sunshine Act") was enacted by Congress as pm1 of
the Patient Protection and Affordable Care Act. The Sunshine Act was signed into law in March
2010. The accompanying regulations went into effect in February 2013. The Act requires
manufacturers of drugs and medical devices to repo11 to the Secretary of Health and Human
Services payments and transfers of value paid to teaching hospitals and physicians. The term
"physician" includes dentists.
For several months during 2014, device and pharmaceutical companies repmied to the Centers
for Medicare and Medicaid Services (CMS) financial relationships those companies had with
"physicians" during the last five months of 2013. Specifically, the companies repmied payments
made and other remuneration provided to physicians and dentists during the five-month
timeframe to include consulting fees, honoraria, gifts, ente11ainment, food, travel subsidy,
education suppm1, research support, royalties, ownership or investment interests, compensation
for serving as faculty or as a speaker for medical educational programs, and grants.
This information became publicly available on the Open Payments Database ("the database") on
September 30, 2014. Conflict oflnterest Program Staff ("program staff') identified all
University physicians and dentists whose names appeared in the database and compared what the
companies had repmied to the information repmied on the REP As filed by these individuals for
calendar years 2013 and 2014. As a result of this review, program staff identified discrepancies
associated with 33 individuals. An inquiry was sent to each of the individuals for whom a
discrepancy was found to determine if any had unmanaged conflicts of interest. All of the 33
matters have been resolved. This inquiry resulted in the recent development of conflict
management plans for two individuals.
B. REPA AND FDUO REPORTING AT THE UNIVERSITY
As of October 31, the University achieved 100 % reporting with respect to both REP A (Repm1
of External Professional Activities) and FDUO (Financial Disclosure of University Officials)

54 of 72

filing. There are currently 181 active conflict management plans in place. Of the 181 plans, 173
involve individual conflicts of interest and eight involve institutional conflicts.
V.

UNIFORM GUIDANCE - REVISED FEDERAL AGENCY POLICIES MAY


CREATE NEW COMPLIANCE CHALLENGES

On December 26, 2013, the Office of Management and Budget (OMB) issued regulations
intended to streamline Federal government guidance on the requirements, cost principles, and
audit requirements for federal research awards. Described as a "larger Federal effmi to more
effectively focus Federal resources on improving performance and outcomes while ensuring the
financial integrity of taxpayer dollars in paiinership with non-Federal stakeholders," this
guidance is intended to provide a government-wide framework for grants management and, at
the same time, "strengthen program outcomes through innovative and effective use of grantmaking models, performance metrics, and evaluation." The new regulations are also intended to
reduce administrative burden as well as the risk of fraud, waste, and abuse. The new regulations
become effective on December 26, 2014. The guidance is not intended to broaden the scope of
existing government requirements that govern Federal research awards to non-Federal entities.
Despite these assurances, institutions of higher education, to include the University of
Minnesota, are carefully assessing what the changes might be and their impact on the way that
Federal grants are currently managed.
Staff in the Office of the Vice President for Research (OVPR) have developed a very helpful
website, convened an executive committee and several work groups, and given presentations to
numerous groups including the Council of Research Associate Deans, the Senate Research
Committee, Ce1iified Approvers, the Grants Management User Network, the Clinical
Neuroscience Center, and at the February Sponsored Projects Symposium. In addition, OVPR
staff submitted a letter to the National Science Foundation (NSF) in July endorsing a letter
previously submitted to the agency by the Council on Governmental Relations and providing
additional recommendations focused on adding clarity and avoiding additional burden in the
federal research awards process.

VI.

CLINICAL TRIALS UNDER REVIEW


A.

BY THE ASSOCIATION FOR THE ACCREDITATION OF HUMAN RESEARCH


PROTECTION PROGRAMS (AAHRP P)

In June of this year, in response to a resolution passed by the Minnesota Faculty Senate calling
for an inquiry to examine current University policies, practices, and oversight of clinical research
on human subjects, the University retained AAHRPP to logistically manage the inquiry process.
By its resolution, the Faculty Senate seeks an examination of the current processes associated
with clinical research involving adult participants with diminished functional abilities. AAHRPP
is an independent, non-profit accrediting body that is internationally recognized as an
organization that sets the highest quality and ethical standards for the protection of human
subjects in research programs. AAHRPP retained a team of external, independent experts to
conduct the inquiry. That inquiry began in the fall of this year and is continuing.

55 of 72

B. BY THE LEGISLATIVE AUDITOR

Also in June of this year, James Nobels, Minnesota's Legislative Auditor, agreed to conduct a
preliminary review of the University's management of the CAFE drug trial which was underway
from April 22, 2002 through August 8, 2005. Dan Markingson, an enrolled subject in that trial,
committed suicide in May 2004 and, since then, questions have been raised about the conduct of
that clinical trial. The review by Legislative Auditor Nobels continues.

VII.

COMPLIANCE-RELATED TRAINING/EDUCATION

The Office of Information Technology and the Office of Institutional Compliance are
coordinating efforts, under the direction of the Executive Oversight Compliance Committee, to
devise a plan that would result in the creation of an inventory of all of the training that is
currently occurring at the University. This inventory would identify, as to each training, whether
it is compliance-related or whether it falls into some other category, whether the training is
required, and if required, determine the frequency with which the training must be taken, and
define the audience. The goals are to address administrative burden, determine what areas of
risk require mandatory training and identify those that do not, eliminate training that is
duplicative of other offerings, identify training that ought to be offered but currently is not, and
identify approaches for more effective training.

VIII. UREPORT STATISTICS FOR CALENDAR YEAR 2014


URepmi is the University's confidential web-based reporting service. This repmiing service is
provided by Navex Global, an independent company that provides similar services for hundreds
of companies and universities. URepmi is intended to be used to repmi violations of local, state
and federal law as well as violations of University policy. This reporting system is not intended
to be used for employment concerns that do not involve legal or policy violations or involve
purely student concerns, or issues for which the University is not responsible. Repmiers may
submit reports either via a hotline or the web. Repmis may also be submitted anonymously.
Those who submit repmis are expected to report good faith concerns and to be truthful and
cooperative in the University's investigation of allegations.
UReport has been in existence at the University since 2005. Since its inception, a total of 1201
repmis have been submitted, averaging approximately 130 per year. During calendar year 2014
to date (1/1/2014 - 11/25/2014), 121 reports have been submitted; 89 reports were anonymous;
and 90 reports involved allegations on the Twin Cities campus. Nearly 50% of the reports
involve claims regarding:
Hiring, advancement, discipline or termination
Discrimination, harassment and/or equal opportunity
Abuses in wage, benefits, vacation, overtime, and leaves
Other employment concerns
Eighty-six percent of the reports are received via the internet. Sixty-two percent of anonymous
repmiers check back to determine the status of the follow up conducted regarding the concerns
they have described. The graphs below illustrate these figures.

56 of 72

Issue

Running Total from


January 1, 2014 to
Launch (August 2005) November 25, 2014
1201
121

Total Repmis
Repmi Sources:
Internet
86%
86%
Call Center
14%
14%
<1%
Other
0%
% Anonymous
74%
73%
Repmier "check back rate" for anonymous
53%
62%
rep mis
The following chaii provides categorical breakdowns with respect to all allegations made in
reports submitted in the previous 12 months.

Allegation Category Summary


January 1, 2014 - November 25, 2014
Healthcare Services,
1, 1%

Employment & HR,


57, 47%

Other, 16, 13%

Property, Facilities &


Equipment, 10, 8%

Research, 7, 6%

Student Concerns, 8
7%

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DRAFT

Year 2014-15
UNIVERSITY OF MINNESOTA
BOARD OF REGENTS

Audit Committee
December 11, 2014

A meeting of the Audit Committee of the Board of Regents was held on Thursday, December 11,
2014, at 8 :00 a.m . in the East Committee Room, 600 McNamara Alumni Center.
Regents present: Laura Brod, presiding; Clyde Allen, Peggy Lucas, Abdul Omari, and Patricia
Simmons.
Staff present: Chancellor Fred Wood; Senior Vice President and Provost Karen Hanson; Vice
Presidents Richard Pfutzenreuter and Scott Studham; General Counsel William Donohue ;
Executive Director Brian Steeves; and Associate Vice Presidents Gail Klatt and Michael Volna.
Student Representatives present: Tyler Ebert and Jesse Mara.

INSTITUTIONAL RISK PROFILE

Regent Brod presented the Institutional Risk Profile (profile), as detailed in the docket.
Brod explained that the profile is the culmination of two years of work by the committee. While
the end product is important, the process was just as important. She noted that the process
helped highlight and identify risks across the entire institution, while giving the committee
insight into how senior leaders identify and think about risks. Brod reminded the committee
that not all of the risks presented to the group over the past two years appear on the profile .
Rather, it maps those risks that are top of mind from a governance perspective .
Regent Simmons commented that some items on the profile are actionable, while others are
more like principles, which require a different approach. She noted that making sure that those
items are understood and kept at the forefront is just as important as creating an action plan
to mitigate risk.
Associate Vice President Klatt added her thanks to senior leaders for their help in facilitating
the process. The profile will be reviewed again in two to three years.
Brod asked that Regents use the profile in their work.

EXTERNAL AUDITOR REPORT

Associate Vice President Volna introduced Kristen Vosen and Judith Dockendorf from Deloitte
and Touche LLP (Deloitte) to present the external auditor's opinion on the University's fiscal
year 2014 financial statements and other required audit communications, as detailed in the
docket.

Audit Committee
December 11, 2014

DRAFT

Vosen reported that Deloitte had issued an unqualified opinion for 2014. She summarized the
key financial information and major elements of the audit as well as procedures used to
complete the review. Dockendorf stated that the audit highlighted several of the University's
accomplishments, including a strong net asset position, a diverse revenue base; and strong
investment performance. Vosen noted the continued challenges related to public funding and
increasing costs.
In response to a question from Regent Simmons, Vosen agreed that perceptions related to
higher education cost is a continuing challenge, but the high quality education being delivered
by the University continues to attract students. She noted that while the University has
focused on controllable costs and those costs are trending downward, some costs, like
information technology infrastructure, continue to increase and are difficult to control.
Regent Allen noted that the dialogue around the topic of increasing higher education costs has
become difficult given the misinformation and complexity of the topic. He expressed concern
that the University has to find a method to change the conversation.

INFORMATION ITEMS

Associate Vice President Klatt referred the committee to the information items contained in the
docket materials, which included:

Report of Engagements with Audit Firms.


Semi-Annual Controller's Report.

In response to questions from Regents Brod and Simmons, Associate Vice President Volna
agreed that it is important to understand and monitor the percentage of audit and non-audit
work being performed by the external auditor. He explained that his office runs inquiries to
catch when audit firms are being used for non-audit work, but that given the size of the
institution it is possible for a firm to be hired and start billing without that connection being
known. Volna proposed that when future approvals for non-audit work are brought before the
committee, he would include the nature and type of work being proposed and how much
business to date has been contracted with that specific firm.

INSTITUTIONAL COMPLIANCE OFFICER SEMI-ANNUAL REPORT

Regent Brod invited Lynn Zentner, Director, Office of Institutional Compliance (OIC). to present
the institutional compliance officer semi-annual report, as detailed in the docket.
Zentner provided an overview of OIC's activities. In that overview, she:

Detailed efforts undertaken by the University to ensure safety on all campuses. This
included a review of the explosion that took place in a laboratory at Smith Hall on the
Twin Cities campus and an update on the additional requirements put in place in
response to the Violence Against Women Act and revised federal regulations issued in
October 2014.
Described the importance of risk assessments, highlighting three that have been or are
currently underway to evaluate and manage risk in the context of information security.
Identified the continued work to reach full compliance with the Payment Card Industry
Data Security Standards.
Reported on the conflict of interest disclosures required nationally and by the
University.
Noted revisions to federal agency policies that may create new compliance challenges .
10

Audit Committee
December 11, 2014

DRAFT

Outlined reviews of human subject clinical trials being performed by the Association for
the Accreditation of Human Research Protection Programs and the Minnesota
Legislative Auditor.
Explained the compliance-related training and education performed by OIC, and
summarized the UReport statistics for calendar year 2014.
In response to a question from Regent Simmons, General Counsel Donohue explained that the
Minnesota Legislative Auditor is looking at the records of the Institutional Review Board with
the University's consent and cooperation. The investigation stemmed from requests from
legislators and the University felt it was a fair request. The University can consent or not to any
investigation by the Legislative Auditor.
In response to a question from Student Representative Mara, Zentner explained that OIC
strives to meet and exceed the standards under the law regardless of the topic. The current
focus around sexual assault is on training and awareness, but the Office of Equal Opportunity
and Affirmative Action is dedicating significant resources and attention to the issue.

UNIVERSITY OF MINNESOTA DATA SECURITY STRATEGY

Regent Brod invited Vice President Studham and Chief Information Security Officer Brian
Dahlin to present the University's data security strategy, as detailed in the docket.
Studham reviewed the September discussion, the type of adversary faced by the University, the
information security terms that would be used, and the significant security information
challenges faced by the Office of Information Technology (OIT).
Dahlin explained that the current focus is to establish a system of controls, based on risk
management, that becomes part of the culture. He summarized the changes for University
information security, a new data classification, and the transition for the information security
program.
Studham explained the security framework approach. He described the benefits of the
framework, noting where the University falls in the level of maturity of the program. OIT is
modeling the program on principles in internationally accepted security framework, and
Studham expressed his confidence in the strategy and focus, while noting that more progress
is needed to grow and formalize the program. He emphasized that the University is among the
leaders in the Big Ten .
In response to a question from Regent Brod, Studham asserted that OIT has the necessary
policies needed to carry forward their work and that there is no need for a Board level policy.
In response to a question from Regent Allen, Studham explained that a few systems are air
gapped, or physically separated, from the rest of the network. The air gapped systems fall
under specific federal grant requirements and are monitored by a federal officer to ensure
compliance. Dahlin added that OIT does detect attacks, both from outside of the University and
by errors caused by phishing.
In response to a question from Regent Simmons, Studham agreed that using a risk
management approach helps create the right controls for the right level of security. Overly
stringent controls can be just as detrimental as a lack of controls .

11

Audit Committee
December 11, 2014

DRAFT

The meeting adjourned at 9:51 a.m.

BRIAN R. STEEVES
Executive Director and
Corporate Secretary

12

Audit Committee
December 11, 2014

UNIVERSITY OF MINNESOTA
Office of the President

202 Mo"ill Hall


J()() Church Street S.E.
Minneapolis, MN 55455-01 JO

MEMORANDUM
February 27, 2015

TO:

The Honorable Richard Beeson, Chair


The Honorable Dean Johnson, Vice Chair
The Honorable Clyde Allen
The Honorable Laura Brod
The Honorable Linda Cohen
The Honorable Thomas Devine
The Honorable John Frobenius
The Honorable Peggy Lucas
The Honorable David McMillan
The Honorable Abdul Omari
The Honorable Patricia Simmons

FROM:

Eric W. Kaler, President

RE:

External Review of Human Subject Research

Please find attached the final report of the external; independent panel charged
with reviewing our human subjects research program, particularly as it pertains to
individuals with diminished decision-making capacity.You may remember that the
Faculty Senate passed a resolution requesting such an inquiry in December 2013. This
process has been ongoing since then.
Today, the report will be made public, first being sent to the Faculty Senate and
following shared with the media. We will also deliver copies to select stakeholders
including key legislators and the Legislative Auditor. Two of the panelists will be in town
next Friday, March 6 for a presentation and discussion with our Facutly Senate.
A few key points I would make about the report:
First, I view this as an opportunity for the University of Minnesota to
move towards a human research protection program that is, as the panel notes and
I requested in the charge, "beyond reproach."

Board of Regents
February 27, 2015
Page2

Second, the panel finds no legally or ethically inappropriate activity and


cites no violations of federal law that guides such research. This is consistent with
numerous previous studies and reviews that have been completed.
Third, while their recommendations are sound and we will pursue
implementation, it is important to put the review team's work in context. They
looked at a narrow slice of our research enterprise: human subjects research
related to people with diminished decision making capacity. This represents a
small fraction of our entire research enterprise. They interviewed 53 people and
were on campus for two days. Clearly, and consistent with our charge to them, the
panel's view and subsequent analysis was limited and focused.
Fourth, we will immediately begin to review and implement the
recommendations, some are already in progress. I view the recommendations as
generally reasonable and we will consider them carefully and seriously. We will
strive to be a university whose human research protection program becomes the
model for the world to respect and to follow.
Fifth, the review affirms that our current human research protection
program is no worse than peer programs around the country. We have solid
program staff and leadership who are dedicated to excellence in the program. Our
program has continually passed accreditation, which is a testament to its quality.

I believe the University will be commended for making this examination


transparent and public. This fulfills our mission as a public university. It is likely that this
public "Minnesota report" will be used by programs around the country, which means the
University of Minnesota is doing a service not only to itself, but also to universities
across the United States.
We are well aware that people are likely to have different interpretations of the
report. However, I am confident that it positions us well to move forward and create a
truly exceptional human subjects research program.

EWK/ap
Enclosure

SUBJECT TO CHANGE
www.umn.edu/regents

UNIVERSITY OF MINNESOTA BOARD OF REGENTS


Board Agenda - March 26 & 27, 2015
600 McNamara Alumni Center, 200 Oak Street S.E., Minneapolis, Minnesota

THURSDAY, MARCH 26, 2015


7:30 - 9:00 a.m. Breakfast with State Legislators - Emerald Room, Embassy
Suites St. Paul, 175 East 10th Street, St. Paul
10:00 a.m. - 4:30 p.m. Visit to University of Minnesota College of Education
and Human Development
1. Overview of CEHD - Burton Hall, Atrium
2.
"Ed Talks" with CEHD Faculty- Burton Hall, Atrium
3. Lunch with CEHD Students
4. Research Demonstrations - Institute on Child Development
5. .Tucker Center for Research on Girls & Women in Sport- Cooke Hall
6. Commercialized Technology Demonstration - FlipGrid
7. Debrief with Dean - TBD
6:00 p.m. Dinner with Minnesota Private College Presidents - Eastcliff

03/02/15 Version 2.3

FRIDAY, MARCH 27, 2015


7:30 - 8:30 a.m. Breakfast Meeting - Gateway Room
8:45 a.m. - 9:00 a.m. Sixth Floor, Boardroom
Board of Regents Meeting
1. Oath of Office - Newly Elected Regents - TBD
9:15 a.m. - 12:00 p.m. Sixth Floor, Boardroom
Board of Regents Meeting
Regent Beeson, Chair/Regent Johnson, Vice Chair
1. .Recognition of McKnight Land-Grant Professors - E. Kaler/ K. Hanson
2. Approval of Minutes - Action - R. Beeson
3. Report of the President - E. Kaler
4. Report of the Chair- R. Beeson
5. Receive and File Reports
A. Annual Capital Financing & Debt Management Report
B. Quarterly Report of Grant & Contract Activity
6. Consent Report - Review/ Action - R. Beeson
A. [Report of the All-University Honors Committee]
B. Gifts
7. Report of the Student Representatives to the Board of Regents - H. Keil/ C. Livengood
8. Assumptions and Principles Guiding Long-Range Twin Cities Campus Planning - E.
Kaler/K. Hanson/P. Wheelock/B. Herman
9. Twin Cities Strategic Plan Implementation Steps and Metrics - K. Hanson
10. Results of Independent External Review of Human Subjects Research - E. Kaler /B.
Herman/B.Jackson
11. Update on Operational Excellence - E. Kaler/R. Pfutzenreuter/K. Brown/S. Studham
12. Report of the Committees
13. Old Business
14. New Business
15. Adjournment
(Tentative Item]
Committee Consent Reports:

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