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Clif’s Notes for Feb. 19, 2019

February 19, 2019 by Clif Smart

Missouri capitol building against a blue sky

The U.S. Department of Education and the Missouri legislature are considering proposed changes to laws on campus sexual misconduct, dating and domestic violence, and stalking (commonly referred to as “Title IX” laws). We are aware of these proposed changes, and we have been actively engaged with lawmakers about them.

Federal changes

In November, the U.S. Department of Education released new proposed Title IX regulations. We welcome some of the proposed changes. For example, the proposed regulations would allow universities to decide whether to use a “preponderance of the evidence” or a “clear and convincing evidence” standard of proof. This is a common-sense resolution to a years-long debate in higher education policy circles.

However, we have concerns about certain provisions. For example:

  • The proposed rules would require that we provide students with an attorney or adviser aligned with their interests. The compliance costs associated with this are exceptionally high.
  • The proposed rules would guarantee all accused students the right to have their own attorneys cross-examine complainants and other witnesses during Title IX proceedings. This change threatens to turn an educational, administrative conduct process into a full-fledged legal proceeding. It could also discourage reporting of incidents, making it harder for universities to provide support services to impacted students.

Additionally, several of the proposed changes will likely result in unnecessary delays in resolving Title IX allegations and seem to undermine the very purpose of Title IX — to protect students (both complainants and respondents) from the academic disruption that results from sexual misconduct and Title IX allegations.

We took the opportunity to articulate our concerns in writing to the U.S. Department of Education as part of their formal rule-making process.

State changes

In addition to the proposed federal changes, legislators have filed bills this year in the Missouri General Assembly that would impact universities’ Title IX processes.

Similar to our position on the Title IX regulations, we are not opposed to the idea of legislation that guarantees a standardized set of best practices to ensure that appropriate notice, fairness and due process are part of Title IX processes at all institutions throughout the state.

However, we have several concerns about the current bills:

  • To avoid conflicts between federal and state law, we think the state should wait to enact new laws on this topic until after the new federal rules are finalized and implemented.
  • The bills allow students to move Title IX proceedings to the State Administrative Hearing Commission. This will delay the Title IX process and make it difficult to protect students’ confidentiality. It will also substantially increase Title IX compliance responsibilities and costs, particularly because the bills also provide for students’ rights to guaranteed legal representation, subpoena power, cross-examination and formal discovery processes.
  • The bills require universities to use a “clear and convincing evidence” standard of proof. This is a higher standard of proof than would be required if a student decided to file a lawsuit in a court of law instead of initiating an internal Title IX complaint with the university’s Title IX office.
  • The bills would allow students to present any evidence they wish at a hearing, and the university could not limit the type of evidence that could be presented in any way. We believe there should be rules that limit irrelevant evidence to maintain order to proceedings, prevent unreasonable delays and ensure fairness for all individuals involved.

We have been very engaged with state legislators on these bills. Jill Patterson, the university’s Title IX coordinator, met with the bill sponsors in late January to discuss our concerns. We have been assured that our concerns are being taken seriously, and we expect that opportunities will arise throughout the legislative process to advocate for changes to the bills.

We anticipate legislative hearings on the Title IX bills in the coming weeks. We plan to testify at these hearings to publicly state our concerns with the bills.

Protecting the university community

We have good Title IX processes at Missouri State University, and our Title IX office has a strong reputation as a leader in using best practices for Title IX investigations and compliance.

Our Title IX process protects students, faculty and staff from sexual misconduct, dating and domestic violence and stalking, and it provides a thorough process to promptly investigate and resolve allegations. Our process is fair, and we provide a high level of due process for all involved students.

Thanks for all you do for Missouri State!

Filed Under: Clif's Notes, Legislative Session, Smart Tagged With: title ix

Clif’s Notes for Jan. 22, 2019

January 22, 2019 by Clif Smart

Snow on Carrington

Legislative session began two weeks ago.

Missouri State University receives less state funds per student than any other university in the state. Our primary goal this legislative session is to work toward reducing this funding gap.

Governor presents recommendations

Governor Mike Parson released his budget recommendations last week. Highlights include:

  • $16.3 million for the Missouri Excels grant program. $2.85 million of this appropriation would go toward MSU’s proposed nursing expansion.
  • $22.2 million for a new program called the Fast-Track Workforce Grant Program. This program would provide tuition grants to low-income adults over the age of 25 who are working toward degree programs that fill a high-needs skills gap.
  • $20 million for deferred maintenance at public universities. The $20 million would be divided equally by the universities with each receiving $2 million.
  • A $1.5 million increase for the A+ Scholarship Program, a $960,000 increase for the Access Missouri Financial Assistance Program and a $500,000 increase for the Bright Flight program.
  • No core operating appropriation increases for any universities or community colleges.

Budget conversation continues

The budget process will now move to the legislature. I, along with two members of our Board of Governors and several members of our administrative team, hosted a briefing with approximately 75 legislators in Jefferson City last week. My remarks focused exclusively on our case for reducing the funding gap.

Following that briefing I met with leadership in the House and the Senate to discuss the funding per student inequity that exists.

I will be joined by Springfield community leaders in Jefferson City again this week. We will meet with legislators and others to discuss policy priorities for our region. Missouri State University’s funding gap will be one of the priorities discussed at those meetings.

We will continue to advocate on this critical issue throughout the legislative session.

Be an advocate

If you would like to help advocate for Missouri State University, please join the MSU Legislative Network.

If you would like talking points, advocacy tips or additional information about MSU’s legislative priorities and the funding gap that exists, please visit the Legislative Advocacy webpage.

Thanks for all you do for Missouri State!

Filed Under: Clif's Notes, Financial Outlook, Legislative Session, Smart Tagged With: budget, legislative priorities

Clif’s Notes for Dec. 11, 2018

December 11, 2018 by Clif Smart

Snowfall

Advocacy is important. I, along with other members of the leadership team, meet regularly with legislators, coordinating board members, the commissioner of higher education, community leaders and others to advocate for our university. Just last week I was in Washington, D.C., meeting with Senator Roy Blunt and officials with several government agencies making the case for Missouri State on funding and policy issues.

Advocacy is not just for the president, the provost, the deans or our administrative leaders throughout campus. All of us can advocate for Missouri State.

We recently established the MSU Legislative Network to help members of the campus community and Missouri State supporters engage with policymakers and community leaders. By signing up for the Legislative Network, you will receive regular status updates on the university’s current talking points, legislative priorities, legislation that will impact Missouri State, and tips to help you interact with legislators and community leaders.

I would encourage all of you to sign up for the MSU Legislative Network online.

More Missouri students, less state funding

More than 26,000 students are enrolled at Missouri State. We now have more students from Missouri than any other university in the state!

These students come from all over Missouri — more than 4,500 from Greene County, more than 4,900 from the St. Louis area and more than 2,200 from the Kansas City area. We have students from every county in the state of Missouri and more than 4,200 from outside Missouri (including 82 foreign countries).

Since 2001, enrollment at Missouri State has increased by more than 6,000 students. However, the state has not adjusted appropriations to account for changes in enrollment.

The result is that Missouri State University now receives significantly less state funding per student than any other university in the state. To bring MSU up to the next lowest university would require a $9.5 million appropriation increase. To bring MSU up to the state average would require a $39.8 million appropriation increase.

Advocating for appropriations

On this backdrop, our priority for the 2019 legislative session is to increase state funding for Missouri State University. We will do this by advocating for:

  • An equity appropriation to decrease the gap described above in per student funding
  • A performance funding appropriation increase
  • Funding for the MoExcels program (a competitive grant program that provides one-time funds to public universities and community colleges for initiatives designed to meet the state’s workforce needs)
  • A matching capital appropriation for a facility project at Greenwood Laboratory School

I hope you will join us by signing up for the MSU Legislative Network and advocating for these priorities.

You can find more information about Missouri State’s legislative priorities, this year’s legislative guide (the booklet we use when meeting with legislators and others), our current talking points and advocacy tips on the Legislative Advocacy webpage.

Thanks for all you do for Missouri State!

Filed Under: Clif's Notes, Legislative Session, Smart Tagged With: legislative priorities

Clif’s Notes for June 12, 2018

June 12, 2018 by Clif Smart

State Capitol building

A lot has happened since we ended the spring semester.

After passing 150 pieces of legislation, the Missouri General Assembly concluded its regular session. The legislature passed a bill that replaces Missouri State’s statutory degree restrictions with a program approval framework that will give Missouri State more flexibility to offer professional doctorate degrees. As you know, we supported this bill.

The legislature also passed a bill that modifies the state’s tax increment financing (TIF) program. This change removes a significant barrier for financing the IDEA Commons project. We also supported this bill.

The legislature also passed an “omnibus” bill that includes multiple provisions related to higher education. The final version of the bill represents a compromise that benefits stakeholders at all levels throughout the state. Missouri State supported this bill.

Provisions include:

  • Language identical to the degree bill referenced above.
  • Changes to the Higher Education Student Funding Act that establish different tuition caps in years when state funding decreases.
  • Clarification that the state’s procurement protocols do not apply to public universities.
  • A Civics Achievement Exam graduation requirement.
  • A requirement that unaccredited institutions of higher education disclose their lack of accreditation to prospective students.
  • A requirement that universities publish a report relating to mental health services on campus.

Governor Parson takes over

After the legislative session ended, Governor Greitens signed 77 of the bills passed by the legislature. The degree bill and the state TIF bill were among those he signed. The higher education “omnibus” bill has not yet been signed or vetoed.

After signing bills, Governor Greitens resigned and Governor Parson immediately assumed office.

I had a very positive meeting with Governor Parson on Thursday. We discussed the important work we do at Missouri State. I advocated that he evaluate the possibility for releasing withheld funds in fiscal year 2018, sign the budget for fiscal year 2019, fund the budgeted appropriations for Missouri State University, and sign the higher education “omnibus” bill. Governor Parson indicated his strong support for Missouri State University, and he offered to continue to work collaboratively with us moving forward.

Thanks for all you do for Missouri State!

 

Filed Under: Clif's Notes, Legislative Session, Smart Tagged With: legislative priorities

Clif’s Notes for May 15, 2018

May 15, 2018 by Clif Smart

State capitol building

This is the last week of the state legislative session. We had two legislative priorities this year.

Our first priority was to advocate for funding from the state. In January, Governor Greitens announced his budget recommendations. Those recommendations reduced Missouri State’s operating appropriation by $6.5 million.

Immediately, we began to advocate for the legislature to restore that cut. I am pleased to report that these efforts were successful.

Last week the legislature passed a budget that restores the reduction proposed by the governor. Our line item funding for the collaborative mechanical engineering program was also partially restored and rolled into our core operating appropriation.

We also advocated for the legislature to fund a one-time matching appropriation to build a facility on the university’s Bull Shoals Field Station. Last week the legislature also passed a capital bill that included a $1.1 million appropriation for that project.

I want to say a big thank you to our local legislators on budget and appropriations committees. Special thanks to Rep. Scott Fitzpatrick, Rep. Lyle Rowland, Sen. David Sater and Sen. Mike Cunningham who advocated on these committees for funding for Missouri State.

Paving the way for our academic future

Our second priority was to advocate that our statutory degree restrictions be modified.

As you’ll recall, statutes have historically limited Missouri State’s ability to develop graduate and professional degree programs. We have worked very hard over the last three years to get these statutory restrictions modified.

This year the legislature passed a bill that allows Missouri State significantly more flexibility to offer doctorate and professional degree programs. The bill eliminates the statutory prohibitions and replaces them with a statewide framework. That framework creates a pathway for Missouri State to offer practice-based doctorate programs like doctorates in education, business and health fields.

This bill will pave the way for Missouri State’s academic future. Special thanks to Rep. Todd Richardson, Rep. Kevin Austin, Rep. Steve Cookson, Sen. Jay Wasson and Sen. Gary Romine who demonstrated extraordinary leadership on this important issue.

Bills await governor’s approval

The budget bills and the degree bill will be delivered to the governor for signature or veto in the next several weeks. In addition to his veto power, the governor can withhold appropriations at any time during the fiscal year, so the state budget situation remains uncertain. We will remain engaged with the governor’s office to advocate that he sign the bills and release all appropriated funds.

Thanks for all you do for Missouri State!

Filed Under: Clif's Notes, Legislative Session, Smart Tagged With: legislative priorities

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