Cambridge University Press et al v. Patton et al

Filing 316

DEPOSITION of Mark P. Becker, Ph.D. taken on April 22, 2011 by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Rains, John)

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E X H I B I T 1 Bylaws of the Board of Regents Board of Regents University System of Georgia Page of soc11ia f/N\ System University 11111111 More creating Educated of Georgia Georgia Bylaws of the Board of Regents General and Charter Constitutional Authority Membership Attendance eaI of the InstitutIons II Office Board of the of Regents Expenses and Compensation Board of the Meetings Office of ReImbursement Ill Regenta System University System University Meetings Regular Meetings SpecIal fgfg Quorum of Order Business Open Meetings end Executive Session Minutes Agenda Before Appearances IV and Officers the Board Duties their Officers and Term Election Removal of Office of Officers Vacancies VIce Chair Chancellor Secretary to the Board Treasurer 10 Other 11 DelegatIon Duties In Officers of the of Duties Board and Standing Specific Committees of VII Budgets Duties VIII Institutions the Board of Regents of Standing Before Committees Committees of the University System Appeals IX of With Committees Appearances Heads its General Communications VI of Officers Institutions Amendment GENERAL Name http//www.usg.edu/regents/bylaws/ Exhibit 1 - 1 4/21/2011 Bylaws of the Board of Regents The name official Board of Regents Board of the of under Regents constitutional its of Georgia System University charter Board is of the Regents of of Page University System of Georgia embodied of Georgia Charter and The Constitutional charter the Act the General Be General of the enacted Government same the The of of people Authority to be known Board existing of the is granted is Trustees of the University and 27 1785 January modified the by of the of Regents Constitution System Trustees style Act subsequent by in of State Georgia The name of of the of University and each of Georgia the of System University of of the department of the and be Georgia Georgia System University of constituted University of the name and System and set up hereby Regents the University of the the as authority of under Board with exclusively approved there that and and management control other the the of follows aforesaid as charter original of Georgia as Regents to the of State 1931 in established Georgia such possesses of the the by hereby changed is consists Regents Georgia Georgia government the of heretofore corporation Authority of Assembly Assembly further it Board of the of State of The and Georgia acts by vested are institutions its Georgia of the by of Regents Board General Assembly Membership The Board of from the said Board Regents at state qualified The the appointed term event In consist shall large of members term and upon confirmation shall shall vacancy the unexpired for by removal resignation the term so person serve shall the in and state The Governor Senate the years Members and district congressional confirmed death by such fill serve Board the each from and be seven shall on vacaocy Governor the Governor the member each of member one of by successors any reason or other serve shall appointed member be not their until are the than of and appointed expiration confirmed until members additional five shall by of Senate the of office Attendance It be shalt the The deliberations of meetings any cause the Board to Secretary The act from the shall Vice meetings of the Board member continues Board activities the Board absent advise be the meetings vacated or without of members that Board Board and to office and and be confer Governor with and and fill three or in successive Board and for the same the of the its the Chair if the by Board who Board of the activities from that appropriate request Chair shall the in attend member any way to vacant in part an excuse the fails from declared Board meetings himself or herself from writing the substantial in member take to as furnish to neglects absence shall meet shall any of Board participate in If leave the on vacancy Governor the Board of the excuse Board so the of member such if meetings or of the or special to so shall of the attend to shall cause Committee thereafler Chair Regents consecutive valid Governor regular of Board of the Chair the notify and Compensation Executive attend and good Board two from without cannot of the member any absence for Board the of office Board to the writing members of the duty participating fails If to the substantially in be taken action Seal The Seal official facsimile word of the Constitution government Justice the aid the of the the inscribed therein The by of the University the Regents Research in the 1785 the the judicial defense signifying words Board of time Georgia to the of the same and the of the of contain shall Seal an State emblematic right of the founding Georgia first first outer be base man upon university System of in on the Georgia it with standing which the by engraven inner circle The three the drawn sword are placed outer with circle shall the of departments Wisdom pillars be shall an arch supporting pillars supported having pillar The circle three Constitution the public University an portrays It shall pillar Beneath of the of the last and circle of the the executive Constitution Regents inner of second representing shall be have Georgia System University System from Great Moderation on third date Regents within legislative military inscribed Institutions the of of the circle engraven viz and Board of the inner shall consist of the following institutions and such other institutions as may be established time Universities Georgia Institute Georgia State of Technology University Atlanta Atlanta http //www.usg.edulregents/bylaws/ Exhibit 1 - 2 4/21/2011 Bylaws of the Board of Regents Medical of University Georgia Page of Augusta Athens Georgia Southern Georgia Valdosta State Statesboro University Valdosta University Universities State Albany Albany University Atlantic Armstrong State Savannah University Augusta State University Augusta Clayton State University Morrow Columbus State Fort Valley State State Georgia Southwestern North State Georgia Savannah University State State Americus Marietta Dahionega University Savannah University West Milledgeville University State College State Polytechnic of University University State Southern Fort Valley University College Kennesaw Columbus University Georgia Marietta University Carroliton Georgia Colleges Abraham Dalton Baldwin State Gainesville College Agricultural College State Tifton Dalton College Georgia Gwinnett College Gainesville College Gordon Barnesville Macon State Middle Georgia Two-Year Atlanta East College Cochran Colleges College Swainsboro Georgia Georgia College Rome College Perimeter South Georgia Waycross Decatur College Douglas College Waycross OF THE BOARD System University to the Committees be shall of reimbursement shall be of the or cooperative of Regents that extent Reimbursement Members Office elsewhere maintained Georgia OF REGENTS Board of the office Georgia The Brunswick Georgia Highlands The Bainbridge College Albany Georgia OFFICE Atlanta College College of Coastal College Darton Lawrencevilie College Macon Metropolitan Bainbridge II of Georgia System University Universities Regional State of College Board of Regents space Unless held in of the shall permit otherwise the Board made Board Regents according shall organizations not for http//www.usg.edu/regents/by1aws/ speaking in and The accept is it gifts shall Georgia Board the of the office be in the state other by the Board regular and special Board of office office complex facilities in Atlanta may be Board and meetings of the of the University its Regents Compensation incurred Board by the of deemed necessary determined expenses to If Room Regents Expenses of System University while of honoraria or other conducting Regents Guidelines or other activities at forms events Exhibit 1 - 3 the official for of business Reimbursement compensation sponsored by of from University Regents University System System of Expenses System institutions institutions 4/21/2011 Bylaws Ill of the Board of Regents of Georgia System University Page of OF THE BOARD MEETINGS Regular Meetings The Board and the times meet shall times eight per and approved Chancellor determined Special the by Roard unless year the the upon Board recommendation The demands of business press the by regular shall meetings the of on dates determined scheduled be usually and Chair more the by consecutive on Chair days at Chancellor the Meetings Special Board of the meetings the of Board of Regents proposed of Regents Business meeting be may transacted called all at for special confined be shall meetings Chair The the by any purpose shall requests the to state stated objects the the in purpose call Notice The The Board Chair without The notice Board of the shall shall may call the and time Board at of the five at least of regular notice days five and of special meetings meetings Board whenever of the least Board of place meetings special of the member each give specify member each giving Board the to Secretary of the he of the notice days she deems or meeting as such required meetings these by appropriate Bylaws Quorum At all the of Board Order The of of The may be as Regents action of majority otherwise provided members of the majority of by members the these Board of the of the Board constitute shall quorum any meeting at present for the be shall the action of Bylaws Business The Rules of Attendance as be individual modified the Order shall following Board and the Board business except Roberts Board by of the meetings transaction order by Board the of business listed categories at below of Regents each may be be shall of meeting the when omitted followed no in but Board business the conducting the business of that is type of the may be suspended rules of order required Report Consideration of minutes of last regular and meeting of meetings special held and subsequently their or approval amendment Election of Reports of standing Reports of special of the Report Unfinished and communications and Open Meetings sessions in Session Session its in Executive Board Session or other Committees Committees its meet of the Executive teleconference by and Regents business for Executive taken of Executive Board and of the The Board quorum officers business business Petitions All Committees Committees Chancellor of other Reports New officers and or of shall similar upon Session any of record means be open shall may such actions and public and upon in the act Board the official necessary or by Chair shall The of the during Session Executive present and constituting Georgia which matter any except members Committee minutes the media the of those vote consider deemed the majority Committees its as to to open law permits announce Board and its in public all Committees After an actions may meet Board Minutes Minutes in of accord public all with during Board of Regents normal meetings established procedures business hours by for shall the be prepared Georgia inspection distributed Records and filed Management and by protected Program The the minutes Secretary shall be to the available Board to the duplication Agenda The are Chancellor to be shall considered give at to the the members of the Board at least five days before each meeting information on matters which meeting http//www.usg.edu/regents/by1aws/ Exhibit 1 - 4 4/21/2011 Bylaws of the Board of Regents All individuals or them with Individual or group reject it notifying to Chair the When the petition the other Chair than Chancellor or submit shall after shall carefully items for requests all considering be to such on placed requests of transmit Chancellor be to received may or her decision discuss to least at either place Chair his for Regents of the with of the Board the on scheduled the the agenda any such refer may to prior item requested within subject initiate days fifteen the Chancellor The or or request Board majority or the reasons of the or Secretary the Board may waive who heads agency to presidents or the to consultation of the group before appear to request in Committee to proper persons who Page Chancellor desire their Chancellor individual referral deemed addition IV for the System University institution respective to who submit shall The the the in of Georgia System University Board representatives Board of the president the jurisdiction meeting of the recommendations Before Boards the the to his or her Appearances or enrolled groups employed Board agenda the Board of Regents these to desire and rules hear any on any person Committee before appear In subject Board may of the Board OFFICERS AND THEIR DUTIES Officers The Board of the officers of Regents be shall Chair the Vice the the Chair the Chancellor to Secretary Board the and the Treasurer The Term and Election Chair and of Office Vice the Chair year Except as Removal be shall provided may be removed Officers Section elected time any at 11 of June the at monthly Article Board the by IV of these and meeting one the by no hold shall offices their more Bylaws affirmative vote shall person of hold minimum for one one office Board of the majority than of Officers of in Vacancies Vacancies be shall by filled Board the soon as as practicable Chair The Chair appoint member officio Board the of documents member be shall members of of of the Committees all of the Regents and with University Seal shall shall the The Chair of the the designate to authority of vote may the annual of meetings Chair The Georgia submit shall the at preside System member the requiring Board Committees all of each Chair upon execute all with Board the Committee notes bonds of Chair of the Board and contracts Regents to the shall be an shall deeds authority Board vote to authority The Board the report of the the in the and ex name of other Governor Vice Chair The Vice Chair Chair shall be shall the perform and have duties Board and an the ex of the powers officio Chair member voting during the of committees all absence or of the of the disability Board The Vice Chair Chancellor The an Board of Regents letter annual of who shall The Chancellor Board of serve Secretary The these shall to the to Secretary member until Bylaws or be the Chancellor of the office as the case In chief such of at Chancellor shall administrative shall the any vacancy perform officer first in be meeting following the Chancellorship The May Board Chancellor name an shall shall Interim be given Chancellor filled of the of those all regular the University duties that are upon the System as well as prescribed by the chief executive officer of the Board the Board the The thereof the and Regents elect shall agreement in Board shall Secretary The Policy be to elected the Manual Board by the shall Board perform of the Board of Board upon the those recommendation duties as determined of the by and Chancellor the Board and as shall set be not forth in Regents Treasurer The Treasurer shall be elected http//www.usg.edu/regents/by1aws/ by the recommendation Exhibit 1 - 5 of the Chancellor and shall not be member 4/21/2011 Bylaws Board of Regents of the Board of Regents The thereof to 10 him Other or her out the Regents may of functions as and have duties set forth these in such as powers or Bylaws The in Board the may Manual Policy Board of the may be or as authorize of assigned Regents reason to that OF THE BOARD of these provision from time of the Board AND ITS shall be Bylaws may deem Board the member any or abolish such time to and offices may be as positions to necessary carry of Officers other any establish Board of the Duties of other officers in provided Board of of concurs Board of the officers any may Regents Board of the majority absence of the case the sufficient the delegate Regents of or duties powers for or of such therein COMMITTEES General In The Board of Constitution matters Regents of the the in made Each State of areas of the being The Chair may Committees each Committee the by Board of the Committee of the Board within by the that Chancellor be shall one of the appropriate Except With no required in Standing There otherwise respect as what to of as provided Board the in which the the by review shall of policy any changes if manner the at any be Chair by policy should of the policies be Board of of the by meetings of the Chair be month that the for which The time Committee of the confined of matters new evidence each Committee respective shall reexamination for presentation Chair the Wednesday determined special all request unless upon the desired is second the by shall or special consider of these order to to have Chair been of the of place and communicated stated objects meeting and in the call acted previously Committee upon determines at Regents for If the If or The matters does matter not Board the to Board requires or The Board of or her Manual Policy any in member has any time his matter the action Board require communications Official Chancellor action shall the Chancellor of the Board to Board members either the ensure normally Board or inform shall disposition Bylaws Bylaws official presenting the item employment for of the fulfill of the its Board action any member of these in individual provision right Committees to membership preceding transacted year Board receives any person may propose any of not one Chancellor Regents permitted recommend Although determined responsible the to Committees as Board the with whatever with Tuesday regular of the be shall forwarded its the Business shall period Communications The The be reconsidered should it whether Board Board on unless called the to advise informed keep shall Committees meet shall meeting Secretary and of Georgia System University thereto pursuant them to of the operation enacted jurisdiction its special Board has been of the Committees in authorize laws assigned jurisdiction administered and the for responsible Georgia of standing are No and Chancellor Notwithstanding DUTIES such perform the by Delegation any shall of Page Officers The Board 11 Treasurer of Georgia System University authority the position in to to subject the Manual Policy Regents from constitutional of the Board soliciting obligations the rules of as Board listed in any member to particular Article 111.5 should Regents or receiving of Regents not shall System University commit procedural member Board of the the be information of the member action of these the Board Bylaws interpreted that of the as limiting member in any way believes the is Board Committees shall be the following Executive and Strategic Planning Committee Compensation Committee Committee on Committee on Academic Committee on Finance Committee on Organization Real Committees standing Estate httn//www.usg.edulreotnts/bvlaws/ and Facilities Affairs and Business and Operations Law Exhibit 1 - 6 417117011 Bylaws of the Board of Regents Committee Unless otherwise members from time and are the and Committee Other must request Committee president each shall exercise shall be responsible execution of BUDGETS the Committees same all he at as the of Chair least four but with vote The to next the Chair she may deem Chair as of the more than Vice the Chair members six the of the of Board and Compensation Executive Committees the or Board of the not as the at Committees authority ten Each secretary Board the to forwarding Committees standing Board of the nominations the have shall of such all powers duties Board Chair the by for responsible the of such The approval affecting his scheduled the purpose with Committee before before for System the in and the Chancellor of the direction or his/her Board and the appropriate the at or person he transmit shall in request which or the persons the to writing she wishes written to the the This appear request Committee of the to Secretary to Chair Chairs the of decision SYSTEM System University make shall Committee Secretary inform shall Secretary Board The before may appear Chancellor institution of the meeting of the approval the of appearance OF THE UNIVERSITY the or her as be shall will designee the for head the executive the promote and effective and operation of the and institution efficient all departments its and He institution institution of the management of of the operation or she the for Chancellor the OF INSTITUTIONS The Board the approval of the the make institutions and shall be Board the allocation of the of funds Act Appropriations soon Board of the office the to or as of several institutions thereafter Regents at at may be as the regular the June or the meeting April each in practicable each in meeting year next and regular shall soon or as year meeting approve following the of budgets thereafter may as practicable The General VIII appear the directives all assigned supervision to them to be matters matters institution such consist serve serve shall without of than business report the shall member officio hoc or ad shall shall and of more nor five Board include Chair shall other all University days forth OF INSTITUTIONS of Committee In of the to concerned and VII desiring set and designee concerning Board seven least at Board ex less than transaction Committees institution of the persons Board The an of be may as Before president or his/her Board of the of Page Committees Standing responsibilities Appearances HEADS of officers prospective VI Chancellor and Compensation Executive and the Board the ot and nonvoting an Committees all of the responsibilities Committee officio of the meetings its special such to be shall member Board and Board the of officio of the duties Board Chair The the by Duties Specific The ex Chancellor appointed Committee the fulfill to ex an of of not for quorum minutes keep consist shall constitute shall shall Chair be members appoint and Compensation Executive who time to Committee The shall Committee standing Committee Board Chancellor or advisable necessary Board The of special of the meeting vote to and each of Georgia System University and Compliance Chair each the by members of the majority authority The determined monthly regular Audit Risk Internal Committee standing shall on Board of Regents of Regents shall and Assembly the be the medium only Governor of the which through State of formal be shall requests made for from the may appropriations apply Georgia APPEALS Any student Board process by employment the following Board or in this for of the Committee be shall law This shall be due It the in shall extend be to decision be any employee construed to of the limited extend president the to or student to record of an from substantive employees institution the institutional or procedural to the appeal rights not or students any expectation of within period of twenty days rights the Board by the to writing state be governed httv Ilwww.usg.edulregentslbylawsl final review not process shall by by Boards to shall submitted president shall construed policy aggrieved The decision of or appointed students System University of the or additional review decision by the policy or state admission brought in review for federal application Appeals employee Nothing required Each or Regents of decision is Policy not 4.7.1 Office of complained of Boards matter of of The right Policy Exhibit 1 - 7 but Legal and is Affairs the redress within the Manual of the desired sound Board hearing discretion of Regents of the before the Board Appeals brought 412112011 Bylaws of the Board of Regents by employees The Board review the Board Board IX may shall shall be governed shall at discretion its the granted is Board the investigate be Board of Regents final and binding by matter refer Committee matter for 21 Policy for of the The of mediation or evaluation arbitration report its The Board of Manual Committee Board and thoroughly Policy appointed findings of Georgia System University by of Page Regents of settlement options Board hearing the of and recommendations or the to If an officer Board The for application appointed decision by of the purposes all AMENDMENT These Bylaws Board provided writing at suspended than ten any at may be amended however regular any members meeting regular are that or repealed any proposed of the or special at any Board and meeting regular amendment for shall that be meeting to by these voted on meeting only affirmative an Bylaws at the by shall next the be vote of not submitted regular meeting unanimoos consent to less than the of the of all ten Secretary Board present members to the of Board Any Bylaw may provided not the in be fewer present htto//www.us.edu1reaents/hv1aws/ Exhibit 1 - 8 4/71 /7fl1

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