Repository: UIHistories Project: Board of Trustees Minutes - 1984 [PAGE 421]

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412

BOARD OF TRUSTEES

[November 17

EXECUTIVE SESSION President Forsyth, referring to Section T w o of the O p e n Meetings Act, stated: "A motion is now in order to hold an executive session to consider information regarding die appointment, employment, or dismissal of employees or officers, and to discuss pending, probable, or imminent litigation against or on behalf of the University and to discuss die acquisition of real property." T h e motion was m a d e by M r . Stone and approved unanimously. Employment of Counsel to Defend Threatened Litigation (1) T h e University has been advised that the National Collegiate Athletic Association (NCAA) is about to conclude a preliminary inquiry into the University's athletic policies and practices. T h e stated purpose of the preliminary inquiry is to investigate allegations of the "violation of NCAA requirements on the part of the University and its representatives" and "to determine whether an official inquiry is warranted." It is likely that the NCAA will issue an "official inquiry" to the University prior to the next scheduled meeting of the Board of Trustees. T h e NCAA regulations contemplate that a separate investigation of the allegations of an official inquiry will be conducted by the University, after which the University will be entitled to a hearing before the NCAA Committee on Infractions. T h e hearing may or may not result in penalties being imposed upon the University. T h e university counsel and the chancellor at the Urbana-Champaign campus have recommended the employment of the Chicago firm of Jenncr & Block to represent the University as special counsel in connection with the investigation and response to any official inquiry which may be received from the NCAA. Mr. Philip M. Tone, a former U.S. District Court Judge and, more recently, a judge of the U.S. Court of Appeals for the Seventh Circuit, will be the partner in the firm with responsibility for representing the University's interests. I concur. O n motion of M r . Howard, this recommendation was approved by the following vote: Aye, Mrs. Day, Dr. Donoghue, M r . Forsyth, M r . Howard, M r . Logan, M r . M a d d e n , M r . Stone; no, n o n e ; absent, M r . H a h n , Mrs. Shepherd, Governor Thompson. ( T h e student advisory vote was: Aye, M r . Bolen, M r . Milkint; no, none.) Settlement of James Duke Workers' Compensation Claim (2) O n May 4, 1979, James Duke, who was employed by the University as a roofer at the Urbana-Champaign campus, fell from a roof upon which he was working. As a result of the fall, Mr. Duke suffered multiple fractures in both legs, injured his diaphragm, and fractured a vertebrae in his lumbar spine, for which he has filed a claim under the Illinois Workers' Compensation Act. T h e extent of the University's liability to Mr. Duke depends upon which of two provisions of the Illinois Workers' Compensation Act will be applied by the Industrial Commission if the case goes to hearing. Under one provision, Mr. Duke would be entitled essentially to 66% percent of the future wages which he has lost as a result of his injury, paid over the remainder of his lifetime in weekly increments up to certain maximum weekly amounts set forth in the Workers' Compensation Act. In addition, he would be entitled to payments of his future medical expenses. M r . Duke is presently 42 years old. His treating doctors are agreed that he will never be able to resume the occupation of roofer.