Utah Board of Higher Education
Utah System of Higher Education
Friday, May 20, 2022
COMMITTEE OF THE WHOLE
MINUTES

Board Members Present
Harris H. Simmons, Chair
Nina R. Barnes, Vice Chair
Jesselie B. Anderson
Mike Angus
Jera L. Bailey
Lisa Michele Church
Sanchaita Datta
Alan Hall
Patricia Jones
Crystal Maggelet
Tanner Marcum
Arthur E. Newell
Shawn Newell
Valirie Serawop
Scott Theurer

Board Members Absent
Stacey K. Bettridge
Wilford Clyde
Aaron Osmond, Vice Chair

Office of the Commissioner
Dave R. Woolstenhulme, Commissioner of Higher Education
Geoffrey Landward, Deputy Commissioner and General Counsel
Taylor Adams, Associate Commissioner for Strategic Initiatives
Alison Adams-Perlac, Associate General Counsel
Trisha Dugovic, Director of Communication
Brynn Fronk, Executive Assistant to the Utah Board of Higher Education
Russ Galt, Senior Assistant Commissioner for Technical Education Finance
Jared Haines, Senior Advisor for Technical Education
Julie Hartley, Associate Commissioner of Academic Education
Melanie Heath, Assistant Commissioner of Strategic Initiatives
Lais Martinez, Assistant Commissioner for Equity, Diversity, and Inclusion
Carrie Mayne, Chief Economist
Loreen Olney, Administrative Assistant
Dave Pulsipher, Audit Director
Steven Radford, Assistant Commissioner of Workforce Initiatives
Madalin Rooker, Intern
Juliette Tennert, Chief Financial Officer
Malin Francis, Director of Facilities & Planning
Melissa Van Hien, Executive Assistant to the Commissioner
Scott Wyatt, Senior Executive Director of Online Education
Kim Ziebarth, Associate Commissioner of Technical Education

Institutional Presidents Present
Mindy Benson, Southern Utah University (interim)
Darin Brush, Davis Technical College
Chad Campbell, Bridgerland Technical College
Noelle Cockett, Utah State University
Clay Christensen, Mountainland Technical College
Paul Hacking, Tooele Technical College
Jordan Rushton, Dixie Technical College (interim)
Jim Taggart – Ogden-Weber Technical College
Aaron Weight – Uintah Basin Technical College
Brennan Wood, Southwest Technical College

Other Guests
Lynn Adams, Utah Valley University
DaSheek Akwenye, Chief Officer – Inclusion and Diversity, Utah Valley University
Rick Allen, BAE Systems
Cathy Anderson, Chief Financial Officer, University of Utah
Brian Baker
Maria Caballero, Disability and Diversity Coordinator/Academic Advisor, Davis Technical College
Dave Cowley, Vice President for Finance and Administrative Services, Utah State University
John Creer, Chief Real Estate Officer, University of Utah
Bret Ellis, Vice President for Information Technology, Weber State University
Richard Ellis, Executive Director, my529
Amy Fulton, Director of the New Leadership Academy, University of Utah
Vic Hockett, Director of Talent Ready Utah
Kate Hoffman, Earn to Learn
Emma E. Houston, Special Assistant to the VP of Equity, Diversity & Inclusion, University of Utah
Carson Howell, Vice President of Finance and Administrative Services
Ilana Israel, Program Manager, University of Utah
Leslie Keisel, Chair, Snow College Board of Trustees
McKenna Marchant, PAB Program Manager, Workforce Services
Chris A. Martin, Vice President for Finance and Administration/CFO, Salt Lake Community College
Japheth McGee, Vice President, Zions Public Finance Incorporated
Mica McKinney, General Counsel, Utah State University
Fernando Montano, Multicultural Center Coordinator, Snow College
Paul Morris, Vice President of Administrative Affairs, Utah Tech University
Jenalee Moynier, Diversity Officer/Sr. College Recruiter, Uintah Basin Technical College
Jeff Nelson, Nelson Labs
Scotty Nowlin, BAE Systems
Jennifer Napier-Pearce, Governor’s Office
Noe Ortega, New Leadership Academy Facilitator
Rick Robinson, Vice Chair, Snow College Board of Trustees
Daneka Souberbielle, Associate Provost & Chief Diversity Officer, Southern Utah University
Tamara Stevenson, Vice President of Diversity, Equity & Inclusion and C.D.O., Westminster College
Chuck Taylor, SyberJet
Martell Teasley, Interim Senior Vice President for Academic Affairs, University of Utah
Bretty Tingey, Cytiva
Mary Ann Villarreal, Vice President for Equity, Diversity & Inclusion, University of Utah
Matt Wardle, JD Machine

Chair Simmons called the meeting to order at 8:00 a.m.

Board member Church moved to go into closed session for the purposes of discussing the
character, professional competence, or physical or mental health of an individual, and to
discuss the purchase, exchange, or lease of real property. Another Board member
seconded the motion, but because of audio difficulties, we were unable to verify the Board
members’ identity and the motion passed.

Closed Session

Board member Church made a motion to end closed session. Board member Datta
seconded the motion and the motion passed.

Committee of the Whole

Governor Spencer Cox

Board member Shawn Newell introduced Governor Cox and thanked him for the initiatives he’s put
forth and for his emphasis on the importance of education. Governor Cox expressed his pleasure with
the changes made to the system and his appreciation to the Board members for their 5-year strategic
plan. He discussed higher education in the state of Utah as well as equity, diversity, and inclusion issues.
Lais Martinez then asked the Governor questions submitted by students across the state. This was an
information item only; no action was taken.

NLA Session

Chair Simmons introduced Noe Ortega who discussed equity, diversity and inclusion with Board
members and OCHE staff. Board member Church expressed appreciation and gratitude for the tools it
has provided. This was an information item only; no action was taken.

Resolutions of Appreciation

Chair Simmons highlighted the Resolutions of Appreciation for Vice Chair Barnes, Vice Chair Osmond,
Board member Angus, and Board member Maggelet. The Resolution of Appreciation for Board member
Marcum was then summarized by Board member Church. Vice Chair Barnes summarized the Resolution
of Appreciation for Board member Serawop. Board member Shawn Newell reviewed the Resolution of
Appreciation for Chair Simmons. Board member Arthur Newell moved to accept the
resolutions. Board member Church seconded the motion and the motion passed.

Workforce/Talent Solutions Manufacturing Sector Discussion

Commissioner introduced Vic Hockett, director of Talent Ready Utah, who introduced the panel guests:
Rick Allen, Scotty Nowlin, Jeff Nelson, Bretty Tingey, Matt Wardle, and Chuck Taylor. They expressed
gratitude for the efforts to help develop talent for the life sciences industries. However, they have a real
supply challenge and need more employees and talent. They encouraged developing more nontraditional
students and suggested partnering with industry and companies to consider giving credit for
work experience. Chuck Taylor suggested internal training programs within their company to meet
regulations so that their employees are trained the way the institutions train their mechanics. Board
member Jones asked what skills they need today that they are not finding and what they are doing now
to engage more women in the manufacturing workforce. The panel answered they are looking for soft
skills – writing, communicating, and speaking. Rick Allen mentioned they participate in the Elevate Her
Challenge where women are connected with a mentor to help them continue developing their careers
and give them the network they need to grow. They also have the Women in Stem Education Committee.
The panel asked the Board to help promote jobs in manufacturing, to promote to women as well as
underserved populations. Board member Church asked the panel to share how they work with schools.
Bretty shared they go to stem fairs and have a relationship with Bridgerland Technical College. Rick
mentioned they work closely with Weber State University, University of Utah, and Utah State
University. Board member Arthur Newell asked the ratio between tech ed employees and degree
granting jobs. Matt guessed the ratio is 10 skilled worker to every degreed individual. Chuck noted they
have 40% degreed and 60% non-degreed. Rick mentioned a vast majority of their employees are skewed
towards degrees. Chair Simmons thanks them for joining the meeting. This was an action information
item only; no action was taken.

Committee Reports

Board member Arthur Newell provided a report of the Academic Education Committee Meeting on April
15. They had a presentation from the National Association of System Heads (NASH) and received an
update from the State Online Education Taskforce. They’re now waiting for the presidents and
Commissioner’s office to respond to their draft with some feedback. They also discussed the strategic
plan, prior learning, and the healthcare panel from the March Board meeting.

Board member Shawn Newell reported on the Technical Education Committee Meeting on April 15. The
big topic of discussion was program alignment. They also discussed credit transition and had a
presentation from Trina Lambert from Tech Moms.

Board member Church presented the report from the Student Affairs Committee Meeting on April 15.
They followed up on the LGBTQ+ resolution and discussed the great FAFSA completion news – Odgen
Weber Tech has a 24% increase in FAFSA completion. They also discussed Title IX. Alison Adams Perlac
and Lais Martinez presented on the ongoing policy equity review on all USHE policies. They’ve
made significant progress on the strategic plan.

Board member Angus reported on Finance and Facilities later in the meeting during the action items.
This was an information item only; no action was taken.

Higher Education Advocacy and Awareness Campaign Update

Trisha Dugovic provided an update on the Higher Education Advocacy Awareness Campaign. She
reviewed the collegeisutah.com website with the Board. Board member Church asked who responds
when more information is needed. Trisha answered that it goes to the USHE newsletter pipeline, so we
know what needs to be provided. Board member Theurer mentioned that individual institutions do
recruitment outside their service areas which can create transaction competition between our
institutions. He wondered if we could ask our institutions what marketing resources they’re using
outside their service areas as part of the campaign. There may be duplication in this area and could be
savings in shared services. Trisha responded that she was unsure of the dollar amount they spend
outside their service regions, but they discussed their target audiences. They feel like this is
supplemental and not overlapping. Board member Datta asked if we’re able to create funnels of areas of
interest. Trisha responded that the college navigator would be helpful in this campaign. There’s no
tradeoff of that information, but they still get where they need to go. Chair Simmons understands where
the schools are coming from when they market outside their services areas. It helps the students
understand the variety of our institutions and the options available. Board member Bailey asked that we
work together in yielding a product that benefits our students when marketing the product. This was an
information item only; no action was taken.

Attainment Goal Dashboard

Carrie Mayne reviewed the Attainment Goal Dashboard, and Kenadie Stanger walked through the
dashboard’s features. Commissioner Woolstenhulme explained that the tool would be used yearly for
performance funding. Chair Simmons noted it would be helpful to turn them into percentages, and
Board member Datta asked for the definition of high yield graduation. This was an information item
only; no action was taken.

UofU – Lease Agreement for Ivory University House

Chair Simmons reviewed the Ivory University House student housing agreement. This was an
information item only; no action was taken.

Strategic Plan Update

Taylor Adams provided an update on the strategic plan. The Commissioner and Deputy Commissioner
will meet with the institutions in June to review and update the strategic plan. This was an information
item only; no action was taken.

R821, Employee Benefits

Alison Adams-Perlac reviewed revisions to Board policy R821, Employee Benefits, with Board members.
Board member Arthur Newell moved to adopt the revisions to Policy R821, Employee
Benefits, effective immediately. Board member Shawn Newell seconded the motion and
the motion passed.

UofU Non-State Funded Project

Board member Angus moved to authorize the University of Utah to obtain approval for
the renovation of the Row Houses and Carriage House in Washington, DC to DFCM for
final approval. Board member Church seconded the motion and the motion passed.

UofU Lease Agreement of 102 Tower

Board member Angus reviewed the University of Utah Lease Agreement of 102 Tower with the Board.
Board member Theurer wondered if there were other tenants in the building. Cathy Anderson answered
the primary tenant is UIT and the hospital IT group. Several tenants moved out during the pandemic,
which is why they have the space. She stated that the University owns the building. Board member
Angus moved to authorize the University of Utah to enter into a lease agreement with
Utah School Institutional Trust Lands Administration in the 102 Tower for ten years and
six months. Vice Chair Barnes seconded the motion and the motion passed.

UofU Lease Renewal for American Plaza

Board member Angus moved to authorize the University of Utah to renew the American
Plaza lease for an additional five years and seven months. Board member Arthur Newell
seconded the motion and the motion passed.

SUU Disposition of Property

Board member Angus moved to authorized Southern Utah University to dispose of the
72.27-acre parcel of land located at approximately 4751 W Highway 56 for the negotiated
price of $2,312,640. Vice Chair Barnes seconded the motion and the motion passed.

UB Tech Architectural Programming

Commissioner Woolstenhulme explained that under SB102, $120 million is appropriated each year for
facilities, $100 million of that to degree-granting institutions. The tech colleges’ $20 million goes
through the Commissioner’s office and the Board rank the projects. One concern is that when a program
is created, a significant amount of money is spent without knowing where you’re in the queue. This
summer, we’ll look at policies so we don’t have institutions spending significant amounts of money on
programming when the funding for the facility isn’t available for several years. Board member Church
clarified that this does not give UB Tech priority in the queue. Board member Church moved to
authorize Uintah Basin Technical College to proceed with programming of the Health
Professions Building. Board member Shawn Newell seconded the motion and the motion
passed.

USU Disposal of Real Property

Board member Church moved that we postpone the Utah State Disposal of Real Property
agenda item until the next Board meeting so that would give us time to find out more
information and make better use of taxpayer dollars. Board member Theurer seconded
the motion and the motion passed.

Private Activity Bond Volume Cap Relinquishment

Juliette Tennert is newly appointed to the Private Activity Bond Board. She reviewed the federal tax
code with the Board, allowing state and local governments to use tax-exempt bonds to finance certain
qualified private activities. They are subject to an annual volume cap which state statute sets parameters
for the sub-allocation of Utah’s volume cap. In the statute, 33% of Utah’s allocation is set aside for
student loans. At least in the last decade, the student loan allotment has never been used. That allotment
for student loans would roll over for other uses in October of each year. Upon written notification, that
allotment can be released earlier than October. Juliette explained that the Board needs to relinquish
$121M of the student loan allotment that will roll over for other uses. Board member Angus moved
to relinquish the $121,168,493 private activity bond student loan allotment for other
purposes, as authorized in Utah code. Vice Chair Barnes seconded the motion and the
motion passed.

Tooele Tech Differential Tuition Rate

Juliette Tennert explained that we missed a motion to approve a differential tuition rate for Tooele Tech
at the March 2022 Board meeting. Board member Shawn Newell moved to authorize the
requested differential tuition for Tooele Technical College. Board member Jones
seconded the motion and the motion passed.

Bond Authorizing Resolutions

Board member Jones moved to approve the proposed Authorizing Resolution to issue
General Revenue bonds for Dixie State University. Board member Datta seconded the
motion and the motion passed.

Board member Arthur Newell moved to approve the proposed Authorizing Resolution to
issue Auxiliary System and Student Building Fee Revenue bonds for Southern Utah
University. Board member Jones seconded the motion and the motion passed.

Vice Chair Barnes moved to approve the proposed Authorizing Resolution to issue
Student Building Fee Revenue bonds for Utah State University. Board member Angus
seconded the motion and the motion passed.

Board member Serawop moved to approve the proposed Authorizing Resolution to issue
General Revenue bonds for the University of Utah. Board member Shawn Newell
seconded the motion and the motion passed.

UofU Property Transaction

Juliette Tennert explained this item was reviewed and discussed during Closed Session and needed a
vote in open session. Board member Arthur Newell moved to approve the proposed
Authorizing Resolution to issue General Revenue bonds for the University of Utah. Board
member Jones seconded the motion and the motion passed.

State Aid Program Policy Revisions

Spencer Jenkins reviewed the policies that were made, which were mostly an administrative clean-up.
Board member Church moved to adopt the proposed policy revisions in Tab AA, in
accordance with HB 355, Higher Education Financial Aid Amendments, passed in the
2022 Utah Legislative Session. Board member Jones seconded the motion and the motion
passed.

Earn to Learn

Commissioner Woolstenhulme reviewed the Earn to Learn program with Board members. He explained
the money is currently not there within the program. Earn to Learn has asked for a letter of intent while
we’re working on getting the funds. The Commissioner recommended giving a non-binding letter of
intent and we will come back to the Board with final approval with additional funding if needed. Board
member Church noted this fits within our strategic plan. Board member Church moved to direct
the Commissioner to sign a letter of intent to participate in an Earn to Learn pilot
program in Utah upon confirmation of philanthropic match, state funds availability, and
final Board approval of program design. Vice Chair Barnes seconded the motion and the
motion passed.

Terrel H. Bell Incentive Loan Program

Spencer Jenkins explained the Terrel H. Bell Incentive Loan Program loan forgiveness with the Board
members. This proposal is to convert the loans into a scholarship program. Board member Theurer
asked the earliest date of origin for the loans and if any are in default or in forbearance. Spencer
answered that none are in default or sent to collections, and he does not have the date of origination for
the loans. Board member Jones moved to forgive the outstanding Terrel H. Bell Incentive
Loan Program loans effective May 31, 2022. Board member Serawop seconded the
motion and the motion passed.

Student Success Endowment Investment Policy

Richard Ellis reviewed the bill passed to liquidize the UHEEAA loan portfolio. He recommended the
Board adopt a policy statement for how funds should be invested. Board member Church requested an
update in the Consent Calendar for every Board meeting. She asked if the Board can get an expenditure
update at some point. Richard stated that it’s a discussion the Board will have. The role the Board and
trustees have is how the funds will be used. Commissioner Woolstenhulme stated that it has been
recommended that funds will start being used two to three years down the road with approval from the
Board. Board member Jones moved to adopt the May 2022 Higher Education Student
Success Endowment Investment Policy Statement. Board member Shawn Newell
seconded the motion and the motion pass.

Consent Calendar

Vice Chair Barnes moved to approve the Consent Calendar. Another Board member
seconded the motion, but because of audio difficulties, we were unable to verify the Board
members’ identity and the motion passed.

Board leadership appointments

Chair Simmons reviewed the process of selecting Board leadership. Commissioner Woolstenhulme
expressed to the Board that it is important to know if there are substitute motions, they can also come
forward. Someone else could make a substitute motion. Board member Jones thanked those leaving
leadership roles and appreciated those willing to step up and put their name on the ballot. Vice Chair
Barnes made a motion to present Lisa-Michele Church, Board member,
as the Chair of the Board of Higher Ed, and as Vice Chair, Board member Jesselie Anderson to serve
two-year terms. Board member Mike Angus seconded the motion and the motion passed.
Board member Church thanked everyone for their support and leadership, leaving it in good shape. She
wants to meet with everyone individually to see how to get their ideas to move forward.

Additional reports

Chair Simmons pointed out the additional reports to the Board members at the bottom of the agenda.
This was an information item only; no action was taken.

Motion to Adjourn

Board member Barnes made a motion to adjourn; Board member Datta seconded the
motion and the motion passed.

The meeting adjourned at 3:30 p.m.

Date Approved: July 14, 2022