These notes are focused on Freeh recommendation 3.7 regarding PSU BOT self assessements. They are organized chronologically since the release of the Freeh Report. While digging for information, I got a little side tracked – you can find that in the “Bonus Material” near the end.
2012.07.12 – Freeh Report
Click to access REPORT_FINAL_071212.pdf
Freeh Recommendation 3.7, p.136:
3.7 Continue to conduct and publicize periodic internal and external self‐ assessments of Board performance.
2013.01.31 – Board of Trustees Release Monthly Report, Update on Board of Trustees Release Monthly Report, Update on Freeh Recommendations
http://www.statecollege.com/news/local-news/board-of-trustees-release-monthly-report-update-on-freeh-recommendations,1234828/
Since the last update, the board has not completed its self-assessment. According to the report, a full board self-assessment has not been completed since January 2009 and the next self-assessment is not scheduled until January 2014.
The scheduled self assessment for January 2012 was postponed due to other pressing issues. In 2012, the Board engaged John Casteen, former president of the AGB, as well as a national expert on corporate governance and the consulting firm TAI to assist the Board with an examination and discussion of Board performance issues,” the report said.”
2013.07.12 – Freeh Recommendations Review & Implementation Status
Click to access FreehReportUpdateJuly2013.pdf
Status of Recommendation 3.7, p.17:
The most recent self-assessment was conducted in January 2009. The scheduled self-assessment for January 2012 was postponed due to other pressing issues. In 2012, the Board engaged a former president of the AGB, as well as a national expert on corporate governance and the consulting firm TAI to assist the Board with an examination and discussion of Board performance issues. The next Board self-assessment seminar is planned for January 2014.
In the preceding quote, the AGB is mentioned. The AGB is the Association of Governing Boards of Universities and Colleges
http://agb.org/about-agb
The Association of Governing Boards of Universities and Colleges (AGB) is the only national association that serves the interests and needs of academic governing boards, boards of institutionally related foundations, and campus CEOs and other senior-level campus administrators on issues related to higher education governance and leadership. Its mission is to strengthen, protect, and advocate on behalf of citizen trusteeship that supports and advances higher education.
Rather than consult with this former AGB president, the PSU BOT eventually hired Holly Gregory. Gregory has admitted she is not an expert on university governance.
2014.01.16 PSU BOT to meet with new governance consultant
http://news.psu.edu/story/300399/2014/01/16/administration/board-hold-retreat-new-governance-consultant
2014.01.16 Agenda for PSU BOT Committee on Governance and Long-Range Planning
Click to access january2014glrpagenda.pdf
No mention of self-assessment as required by Freeh recommendation 3.7
2014.01.16 Minutes of PSU BOT Committee on Governance and Long-Range Planning
Click to access january2014minutesglrp.pdf
No mention of self-assessment as required by Freeh recommendation 3.7
2014.01.16 Video of public session of PSU BOT Committee on Governance and Long-Range Planning
Interesting comments around 19:00:
Must listen to calls for reform…
Size, composition, election…
buck stops with the board…
2014.01.17 Minutes of PSU BOT
Click to access january2014minutesbot.pdf
No mention of self-assessment as required by Freeh recommendation 3.7
2014.02.28 George Mitchell AIA 6th Quarterly Report
Click to access ncaa_penn_state_report_6.pdf
The only mention of the PSU BOT self assessment is on p.37:
At the January 16, 2014 session, Ms. Gregory provided an overview of appropriate corporate governance, including a description of the trustees’ fiduciary duties of obedience, care, and loyalty. The trustees then conducted a private retreat session under her leadership for approximately four hours. The private retreat included an extended self-assessment process as required under Freeh Report recommendation 3.7.
In the preceding quote, Senator Mitchell states that the PSU BOT held a self-assessment. However, results of that have not been made public as required by Freeh Recommendation 3.7.
2014.03.07 – PSU BOT Meeting Minutes
Click to access march2014minutesbot.pdf
The only mention of the self assessment required by Freeh Recommendation 3.7 is on p.9 under the Committee on Audit and Risk status:
Chair Karen Peetz reported that the Committee last met publicly on January 30, and received their matrix of roles and responsibilities for fiscal year ending June 30, 2014. The Committee also discussed the upcoming self-assessment process.
As of 9/24/2014, no other information from any 2014 board meetings or minutes addresses the self-assessment requirement, which per Freeh, must be made public. Further, the preceding quote from the March 7, 2014 minutes indicates that the self-assessment has not yet occurred. This conflicts with Senator Mitchell’s 6th quarterly report from February 28, 2014.
2014.09.08 George Mitch AIA 2nd Annual Report
Click to access NCAAMonitorsSecondAnnualReport.pdf
The only mention of the PSU BOT self assessment is on p.54:
The Board’s Committee on Governance and Long-Range Planning met regularly throughout the year to consider potential changes. The full Board held a self-assessment session in January, and it continued discussions in its May meeting.”
The Mitchell report then goes on to discuss a consultant’s report to discuss potential areas for reform. It is unclear if this consultants report is one and the same with an internal self assessment per Freeh Recommendation 3.7. While this report may serve as an external assessment, it does not represent an internal self assessment.
In more than two years since the Freeh Report was released & the Consent Decree was signed requiring full implementation of the Freeh recommendations, the PSU BOT has failed to conduct a self-assessment AND make it public (per Freeh recommendation 3.7)
Imagine that.
Bonus Material: AGB
Since a former president of the AGB had originally been consulted, but not hired, by the PSU BOT I decided to do some digging. Here is what I found:
The AGB is the Association of Governing Boards of Universities and Colleges
http://agb.org/about-agb
The Association of Governing Boards of Universities and Colleges (AGB) is the only national association that serves the interests and needs of academic governing boards, boards of institutionally related foundations, and campus CEOs and other senior-level campus administrators on issues related to higher education governance and leadership. Its mission is to strengthen, protect, and advocate on behalf of citizen trusteeship that supports and advances higher education.
2012.04.21 – Info on prior PSU BOT assessments from the AGB
Click to access AmmermanPPT.pdf
I know that the academic community is relatively small, but I found this interesting:
From 2006-2009, Cynthia Baldwin, Graham Spanier, and Mark Emmert were all on one of the boards of the AGB, the Association of Governing Boards of Universities and College
2010 September/October – Leadership in Governance: The View from AGB’s Current and Former Board Chairs
Click to access 03%20Baldwin.pdf
Cynthia Baldwin was the immediate past chair of the AGB. Here’s a little about what she had to say on leadership in governance, p.3:
“Legon: As the issues become more complex, is board engage-ment changing? Should it change? And, if so, how?
“Weaver: We’re moving into an era where we will probably need to have more board specialization. In other words, we should focus more on getting people with the right back-ground and experience on our board, rather than just those who have supported the college and made gifts.
“Baldwin: at Penn state, we’re spending more time educating our board. We not only orient new trustees but we also educate board members about important issues every time we meet. We continually ask ourselves, “What’s the role of the board in this? and how do we support the administration?”
2009 AGB Annual Report
Click to access Annual_Report_2009.pdf
Cynthia Baldwin is the Chairwoman of the AGB in 2009, p.6 (representing Duquesne, not PSU)
There are 32 university presidents that serve on the AGB Council of Presidents
Among them is Graham B. Spanier of the Pennsyvalnia State University,
and Mark Emmert of the University of Washington.
2008 AGB Annual Report
Click to access 2008_annual_report.pdf
Baldwin was secretary of Board of Directors (representing PSU)
Emmert was on Council of Presidents
2006 AGB Annual Report
Click to access AGB_Annual_Report_2006.pdf
Baldwin was secretary of Board of Directors (representing PSU)
Emmert was on Council of Presidents
2009.04.09 – AGB Statement on Board Responsibilities for Intercollegiate Athletics
http://agb.org/news/2010-08/agb-statement-board-responsibilities-intercollegiate-athletics
2009.04.18-21 – AGB National Conference
http://agb.org/national-conference-2009-archive
Among the plenary sessions: “Higher Education and National Security, a conversation between Graham Spanier, the president of Pennsylvania State University, and Deputy FBI Director, John Pistole.”
A few more thoughts:
It seems there is irony in Baldwin’s Dec 12, 2011 letter to Mark Emmert
Click to access 2011_12_12_ncaa.pdf
That letter was a response to the NCAA letter to PSU of Nov 17, 2011
The basic premise of Baldwin’s Dec 12, 2011 letter was that PSU needed more time to answer questions about compliance with policies & procedures, institutional control, ethical behavior and honesty.
No one has yet answered those questions.
That letter had been set aside during sanction negotiations.
These were all questions about governance that were simply set aside
——-
These notes were put together in September 2014. They do not reflect any of what has been revealed in the many legal filings since then.
Sandusky Scandal Relook 
One reply on “PSU BOT Self-Assessment – Has it been made public yet?”
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