In a discussion with Stony Brook University students on Monday, New York State Senator Kenneth P. LaValle recounted the moment a bill that raised tuition at SUNY by $300 per year was born on a whiteboard in his office.
According to LaValle, one of his first goals while standing in front of that whiteboard “was to create a rational tuition policy so the university and students would know exactly what their obligations would be” over a multi-year period.
LaValle, the Chairman of the New York State Senate’s Committee on Higher Education, spent an hour fielding questions from Stony Brook journalism students in the newsroom basement on topics ranging from his stance on gay marriage to funding for the university’s teaching hospital. But a large portion of the conversation was dedicated to Stony Brook University’s policies and funding, especially NYSUNY 2020.
“You as students are making an investment in SUNY. Now the state is making the investment,” said LaValle of the NYSUNY 2020 bill, which raises tuition as well as locks in state funding for a five year period ending in 2016.
“Over the last four years, SUNY has lost 1.4 billion dollars in state funding,” said LaValle of the need to increase tuition. SUNY Chancellor Nancy Zimpher and a number of representatives, including LaValle, successfully fought against most of the cuts to the state’s three teaching hospitals, but LaValle still feels the hospitals are vulnerable to cuts.
To fix these problems, Zimpher, Cuomo, and state representatives settled on a rational tuition plan, for which “there was general support, but the support was not for a dollar amount,” according to LaValle.
Eventually, the Senate and Assembly decided on an increase of up to $150 per semester that could change each year. At his State of the University address, President Samuel Stanley indicated that funds lost to state budget cuts wouldn’t be replaced until 2016.
LaValle contrasted the 2020 bill to an increase passed by a Democratic Assembly under Governor David Patterson. That bill was built around a $620 increase in tuition over just one year. Only part of that money ever reached SUNY.
“We increased the share that SUNY gets by 10 percent,” said LaValle of the 2009 increase. He also indicated that another 10 percent of that money would be on its way.
In addition to the increased investments from the state and students, LaValle said that universities needed to cut costs and raise more money. Stanley echoed that sentiment in his address on the 21st of September.
But LaValle and Stanley aren’t always in sync. LaValle and Assemblyman Fred Thiele made headlines recently when they cancelled appearances at Stanley’s court mandated apology to Southampton students.
LaValle objected to how secretive Stanley’s apology was, saying that “we live in a society where disclosure and openess is a way of life,” and that he “believe[s the apology] was very hollow.”
LaValle said the judge was correct to rule against the university because decisions regarding buildings and grounds need to be made by the College Council, not by university presidents. He was also upset by how abrupt the decision was and how it negatively affected his district.
He did not, however, mind that the Stony Brook foundation paid the university’s legal fees. “Students should not have borne the payment of the lawsuits. It’s appropriate use of the foundation,” he said.
LaValle’s deep support for the Southampton campus also influences his position on the proposed South Korea campus, which he supports as long as no state dollars are used to fund it.
In the months to follow, LaValle plans on working to closer regulate trade schools, improving communication at LIPA and passing measures to keep young people living on Long Island.
But he also has plans to expand higher education programs in the Southampton area, both on Stony Brook’s satellite campus and at Southampton Hospital.
LaValle described the empty campus at Southampton, saying that if Stony Brook did not want it, they should allow something else to operate there.
“I would like to create an Aspen Institute-like program on Southampton campus,” said LaValle, who has a positive outlook on the campus’s future. “My sense is that the campus at Southampton will grow.”
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LaValle did not, however, mind that the Stony Brook foundation paid the university’s legal fees. “Students should not have borne the payment of the lawsuits. It’s appropriate use of the foundation,” he said.
Mr. LaValle was 100% correct when he said “Students should not have borne the payment of the lawsuit.” That burden of the $30,000.00 was SUNY’s responsibility and Suny represents those named as defendants in the lawsuit. The lawsuit cost more than $30,000.00, this amount represents the balance that was still owed.
Sorry Mr. LaValle, but I disagree. It is NOT an appropriate use of foundation funds as they were NOT named in this lawsuit and if Mr. LaValle had read the settlement agreement he would see exactly what it says:
SUNY agrees that within (14) days after the complete performance of the Petitioners’ obligations in paragraph 2 and dismissal of the Article 78 proceeding, it will pay $30,000.00 to petitioners’ attorneys. Payment will be made payable to Lazer, Aptheker, rosella & Yedid, P.C.
Each party to this Stipulation represents and warrants that he, she, or it is represented by counsel with respect to the execution of this Stipulation, that he, she or it has thoroughly discussed all aspects of this Stipulation with his, her, or its counsel, and that he, she, or it has carefully read and fully understands each provision of this Stipulation.
Execution of the stipulation- “SUNY AGREES IT WILL PAY $30,000.00 TO PETITIONERS’ ATTORNEYS”
They obviously did not understand that and this is a legal and binding document.
Instead of getting $250,000.00 from the foundation this year, President Stanley should only get $220,000.00. This was his mess and he should be held financially responsible.
The Stony Brook Foundation is a campus-related foundation and is NOT SUNY. The Stony Brook Foundation was NOT a “PARTY” in this case and they are prohibited from receiving and disbursing state funds. SUNY is State Funded and is responsible for the $30,000.00.
Mr. LaValle is losing sight that President Stanley,who is employed by the state of New York, did not follow protocol and in doing so he violated the NYS Education Law.
From the Stony Brook Foundation website:
Either way, you can trust that your gift will be used most effectively and in a manner consistent with your wishes. That is our promise to you.
Honoring Our Donors
Every donor who makes a gift for the benefit of Stony Brook University plays an important role in making it one of the best public universities in the world. The generosity of all donors, no matter the size of their gifts, sustains a tradition of excellence at Stony Brook. Private support creates opportunities for bright students, makes possible research that improves the quality of life, and enables the University to serve the state and nation with pride.
(Left off the list is, your private support may be used to pay for SUNY’s legal obligations)
Scholarship and fellowship donors should know that 100 percent of their donations continue to go directly to our students. The Stony Brook Foundation helped to provide more than $2.1 million in scholarship awards during the 2008-09 academic year. Our impact on students and the University increases yearly as our donors make new accomplishments possible.
(Is this a NEW ACCOMPLISHMENT paying $30,000.00 for someone else’s legal fees?)
Who decides the fundraising priorities?
The University’s fundraising priorities are established by President Samuel L. Stanley Jr., MD, in consultation with his Cabinet, Deans, and key faculty and staff, as well as in consultation with the Foundation’s Board of Trustees. Fundraising priorities are fluid and are adjusted based upon the University’s needs and donor opportunities.
I can see why it was President Stanley’s priority to use $30,000.00 in foundation funds, it was accessible and none of us were supposed to find out about it.
This Resolution was passed on 9/20/11 by the SUNY Board of Trustees:
Guidelines for Conflict of Interest Policies of Campus-related Foundations
The campus-related foundation of each State-operated campus shall adopt a conflict of interest policy applicable to such foundation and its affiliated corporations. Such conflict of interest policies shall provide (i) as a general principle, that service as a board member or officer of such foundation or affiliated corporation shall not be used as a means for private benefit or inurement for the board member or officer, a relative thereof, or any entity in which the board member or officer, or relative thereof, has a business interest; (ii) no board member or officer who is a vendor or employee of a vendor of goods or services to the foundation, its affiliated corporation or the State-operated campus for which the foundation was formed, or who has a business interest in such vendor, or whose relative has a business interest in such vendor, shall vote on, or participate in the administration by the foundation or its affiliated corporation, as the case may be, of any transaction with such vendor; and (iii) upon becoming aware of an actual or potential conflict of interest, a board member or officer shall advise the chair of the foundation or its affiliated corporation, as the case may be, of his or a relative’s business interest in any such existing or proposed vendor with the foundation, its affiliated corporation or the State-operated campus for which the foundation was formed. Each foundation and its affiliated corporations shall maintain a written record of all disclosures of actual or potential conflicts of interest made pursuant to (iii) above, and shall report such disclosures, on a calendar year basis, by January 31 of each year, to the University Auditor. The University Auditor shall forward such reports to the Audit Committee of the State University Board of Trustees, which shall make public such reports.
Read more:
http://www.suny.edu/Board_of_Trustees/webcastdocs/Conflict%20of%20interest%20policies%20of%20campus-related%20foundation%20guidelines.pdf
As a privately governed nonprofit corporation, the Stony Brook Foundation is led by a group of committed volunteers that comprise a Board of Trustees that INCLUDES the University President.
Sec. 74. Code of ethics
An officer or employee of a state agency, member of the legislature or legislative employee should endeavor to pursue a course of conduct which will not raise suspicion among the public that he is likely to be engaged in acts that are in violation of his trust.
SENATOR LAVALLE AND ASSEMBLYMAN THIELE CALL FOR INVESTIGATION OF DECEPTIVE PRACTICES BY STONY BROOK UNIVERSITY TOWARD SOUTHAMPTON STUDENTS AND PARENTS- April 13th, 2010
LaValle and Thiele stated, “It is clear to us that Stony Brook University has engaged in deceptive acts and practices which may be in violation of state law. Stony Brook University, by its actions, has shown callous disregard for these students and their families. The result has been extreme emotional distress as well as tangible economic losses. Stony Brook University is exposing the State to litigation and substantial financial claims.”
http://www.nysenate.gov/press-release/senator-lavalle-and-assemblyman-thiele-call-investigation-deceptive-practices-stony-br
What became of the “INVESTIGATION?” All talk and no action and now LaValle is condoning even more deception!