Friday, October 13, 2017

Notes on the Research Supporting this Blog:

The four postings contained on this blog involved extensive research on the University of Connecticut’s housing and environmental issues and its financial and legislative history.  Specific sources and methods for the research conducted for each the four postings are listed below.  While the research has taken over three years to complete the most intensive phase of the process was during the period March to October 2017 when most of the interviews and final editing was completed.

1.       Research on UCONN’s Legislative History
The first blog posting required an analysis of all the major laws and legal opinions that have been enacted since 1881 to the present.  Using the legal subscription services of Hein Online hundreds of laws were reviewed during the period 1881 to 2016 to determine which ones made significant changes in the financial and administrative aspects of the University of Connecticut and its predecessor organizations. Heinlein is one of the premier legal services subscription services that provides a complete inventory of all of the state’s session laws (i.e., the laws prior to their codification into state statutes).

In addition, existing literature on the university’s legislative history was reviewed at UCONN’s Dodd Center to independently verify the university’s perspective in its own legislative history.  In addition, all of the published and unpublished annual financial and statistical reports of the University of Connecticut dating back to 1940 were reviewed to develop financial and demographic trends and to determine how important state legislation influenced university operations.  An extensive literature on the history of universities was also consulted including classic works by Thorstein Veblen, author of Higher Learning in America, Derek Bok, Our Underachieving Colleges, and Herbert London, Decline and Revival in Higher Education and Arthur Vidich, "The Higher Learning in America in Veblen's Time and in Our Own" in The International Journal of Politics, Culture and Society, Vol. 7, # 4, Summer 1994, pp.639-68.

Recently Bruce Staves, a history professor at the University of Connecticut published Red Brick in the Land of Steady Habits: Creating the University of Connecticut, 1881-2006. This book provided valuable insights on the financial challenges faced by past UCONN presidents and their legislative strategies to accomplish their expansionist objectives.

Finally, thanks go to the staff at the University of Connecticut Dodd Center, Connecticut State Library and Harvard’s Widener Library for access to their relevant historical collections.

2.       Research on the UCONN Landfill and Chemical Pits
The most extensive research conducted for this blog involved tracking down all of the extant copies of reports and news media articles on the long history of the university’s landfill and chemical pits located to the east of Hunting Lodge Road. To understand the history of this landfill, it was necessary to review all of the extant files that exist at the Mansfield Town Offices (note: there are an estimated 15,000 pages of documents released over the last sixty five years and most of these are in the town hall archives).  In addition, historical news stories published in the Hartford Courant, Willimantic Chronicle and the Mansfield Independent News were consulted to determine major events in the life of the landfill and its eventual closure. In addition, interviews were conducted with over a half dozen key Mansfield residents and state and local public officials that were intimately involved with citizen efforts to monitor and hold the university accountable for its environmental responsibilities to properly remediate the landfill and the adjoining chemical pits.  A number of important studies were also found in the University of Connecticut PhD thesis collection – especially that of Ruth Izrael. The blog posting on this topic provides extensive references to the sources used to compile the chronology of events and the summary conclusions that are presented.

3.       Research on UCONN’s Housing and Environmental Issues
The research supporting the posting on UCONN’s environmental and housing issues could not have happened without first establishing the university’s legislative history. Once that was accomplished, it was necessary to review all of the significant environmental impact evaluations (EIE) and related studies issued by UCONN as part of its request for 1) a Water Diversion permit, 2) extension of Sewers to Mansfield Four Corners and 3) permission to remove the historic houses on its main campus.  Numerous technical studies have also been consulted that provided the hydrologic characteristics of the Fenton and Willimantic Rivers both of which provide potable water to UCONN.  Interviews were also conducted with Mansfield residents involved in earlier phases of the housing crisis as well as those familiar with historical water withdrawals from the Fenton River.
In addition, an extensive amount of research was required to identify the history of fraternities and dormitories on UCONN’s Storrs campus including a very time consuming review of microfilm copies of the UCONN Daily Campus for the years 1970 through 1980 (available at the Dodd Center), a more convenient review of relevant online issues of the Hartford Courant (available through the Homer Babbidge Library) and relevant case law on Mansfield’s battles with fraternities in the 1990s (zoning case law is available at the UCONN Law Library in West Hartford).  Home Babbidge’s Presidential archives were also consulted at the Dodd Center which turned out to provide extensive insights into why Babbidge and the Board of Trustee chose to expel fraternities from the Storrs campus. Brue Stave’s book, Red Brick in the Land of Steady Habits: Creating the University of Connecticut, 1881-2006 was also marginally useful in framing some of the broader housing issues faced by UCONN in the 1970s – although this book failed to address the true breadth and depth of the town-gown struggles of the last fifty years.

Once fraternities were forced off campus by President Babbidge’s policies, it was necessary to review the Mansfield Planning and Zoning Commission minutes to determine public reaction to the adoption of fraternity zoning regulations and the Commission’s rationale for adopting such regulations. Fortunately, the Commission keeps excellent minutes of their public hearings and decision making processes and this was immensely helpful in understanding the fraternity crisis of the 1990s.
In addition, the author has spent over forty years tracking zoning and subdivision regulations in Connecticut to determine trends and to assist town planners, state legislators and regional planning agencies with the development of inclusionary zoning concepts. In 2017, the author updated a 1992 study of inclusionary zoning practices in the 169 municipalities of the state. This recent analysis identified the regulatory approaches used by Connecticut zoning commissions to regulate “family” and “fraternity” across the state.  Copies of these studies are available from the author by contacting him at cvidich@gmail.com.

4.       Research on Re-Structuring UCONN for the 21st Century: A Vision
The research for this blog posting builds on the research of the previous four postings but also relies on the author’s extensive experience working with issues of sovereign immunity in the federal government which sensitized him to the disequilibrium of power that exists between the federal and state governments and made it easy to identify the same issues with respect to the disequilibrium of power between UCONN and Mansfield.  This disequilibrium power is most noticeable in the arena of land use, environmental and public health laws.  In addition, Thorstein Veblen’s classic study, Higher Learning in America, former Harvard President Derek Bok’s Our Underachieving Colleges, as well as Bruce Staves’ history of the University of Connecticut each helped to identify the University of Connecticut’s business strategies and their shortcomings.


The University of Connecticut’s Master Plan was extensively consulted to determine UCONN’s forthcoming building plans and their fiscal priorities. In addition, recent news media accounts in various Connecticut newspapers have provided excellent assessments of the questionable construction practices associated with the recent UCONN 2000 and Next Generation construction programs that were enabled by the Connecticut State Legislature.  The author also reviewed relevant online minutes, reports and financial analyses of the UCONN Board of Trustee with respect to the issues identified in this blog posting.

Monday, October 9, 2017

Re-Structuring UCONN for the 21st Century: A Vision

Before we can solve the housing and environmental problems created by UCONN at its Storrs campus, it is useful to remind ourselves of how underdog opponents have succeeded in the past. Perhaps the greatest example of how an underdog achieved success is the story of David and Goliath.  In today's world, the modern Goliath is an institution with billions of dollars, a feigning allegiance to the law and with an iron grip on the people's purse.  David had nothing more than a sling shot. As the story goes, Goliath was felled by the sharp shooting David who flung a stone to Goliath's forehead. While this story may suggest a violent outcome is the solution, the real purpose of this story is to suggest that intellectual innovation – rather than battling one’s neighbor is the best long term solution.

Is it even possible for Mansfield to come to amicable terms with the University of Connecticut on its housing and environmental issues without creating an atmosphere of ill will? More importantly, is that really the outcome Mansfield residents seek?  I would suggest that the real solution to many of the problems UCONN has created for Mansfield residents will require legislative, executive and judicial actions that establish the university as a private for profit corporation or as a private non-profit organization and not a government agency.  The reasons for suggesting a re-assessment of the university’s mission is that it has gradually transformed itself from a public institution for public good to one where private business interests have taken the reign of power. While university promoters may argue that what is good for business is good for the state of Connecticut, this muddies the distinctions between a “public good” and a “private benefit.” The table below summaries the principles of “public good” and “private benefit” and contrasts these principles to how UCONN currently operates. As can be seen, almost all of UCONN’s educational and mission activities have veered toward an emphasis on private benefit even when many of these activities are clothed in the language of “public good” or “public benefit.” While sharp distinctions between these two opposing principles are impossible to maintain when business interests have overtaken much of the university’s educational programs, these paradigms reveal the degree to which the school’s alliances have shifted from being a school for in-state students to one serving the entire world.

A Comparison of an Education based on the Public Good offered to residents of the state versus an education based on achieving Private benefits


Public Good
Private Benefit
UCONN’s Approach
Standard Dormitory Rates for all
Variable Dormitory Rates
Variable Dormitory Rates
Public Bldgs. for Public Purposes
Corporate Use of Public Bldgs.
Corporate Use of Public Bldgs.
Agricultural Land for Land Grant Purposes
Agricultural Land sold for Corporate uses
Agricultural Land sold for Corporate uses
Affordable Tuition for in-state Students
Tuition as a Revenue Generator
Tuition as Revenue Generator
Vehicles not allowed  On-Campus Vehicles
On-Campus vehicle parking &  fees charged for parking
On-Campus vehicle parking & fees charged for parking
Decent dormitory rooms for all
Rich students get better dorm rooms
Rich students get better dorm rooms
Education is the priority
Sports and research are priority
Sports and research are priority
University accountable to taxpayer
University accountable to Board of Trustees
University accountable to Board of Trustees
Low Teacher/Student Ratio
High Teacher/Student Ratio
High Teacher/Student Ratio
Mission favors education of in-state students above all other priorities
Mission favors continuous Bldg. expansion over education of in-state students
Mission favors continuous Bldg. expansion over education of in-state students
Board of Trustees accountable to public
Board of Trustees accountable to business interests
Board of Trustees accountable to business interests
Diversity reflected in student body, faculty and staff
Enroll, hire and retain based on qualifications
Diversity reflected in student body, faculty and staff
Sustainable development practices consistent with land carrying capacity
Unchecked development without long term sustainability considerations
Unchecked development without long term sustainability considerations



With the exception of UCONN’s emphasis on the principles of diversity in the student body and staff, all of the above listed aspects of the university’s educational services are geared toward private benefits – all of which are inconsistent with the principles of public benefit to the state’s taxpayers. For example, what is the public value of offering variable dormitory rates? Do Connecticut taxpayers and their college eligible children benefit by this business strategy or is it merely a means to attract out of state students willing and able to pay nearly double the tuition and room and board rates of in-state students?


The University of Connecticut is at a cross-roads; it can choose to continue on its current path of serving the business interests of the state or it can re-establish itself as an institution working for the public good.  For arguments sake, below we outline a series of recommendations that restructure the administration of UCONN with the objective of resolving Mansfield’s town/gown issues and making the university more accountable to the public. The six major recommendations are; 1) privatize the university, 2) reorganize its Board of Trustees, 3) accommodate all students in on-campus housing, 4) decentralize its Storrs campus, 5) re-structure UCONN’s financial portfolio and 6) create a Task Force sponsored by the state legislature to accomplish these objectives. 


Divest UCONN of Governmental Authorities & Treat it Like a "for Profit Corporation" 


Eliminate the University's Standing as a Government Agency  

For years, UCONN has functioned above local land use, environmental and public health laws. Indeed its only masters are the Governor and the state legislature - both of whom have treated UCONN as an important element of the state's business. If the Governor wishes to consider UCONN an important driver for business in the state, then UCONN should be converted into a private for profit corporation or private non-profit organization and divested of its immunity from local laws and regulations. 

Let's call a spade a spade. If UCONN charges tuition that competes with the stratospheric costs found at Ivy League schools (i.e., UCONN now charges $54,000 for out-of-state student tuition and fees) and yet is a state supported institution intended to serve the general public, then arguably UCONN no longer functions in the public interest. For example, as mentioned above UCONN offers dormitory rooms at variable prices so it can attract rich out of state students who can afford deluxe accommodations. When has "luxury housing" become a public good the Connecticut State Legislature should sanction and promote?

Similarly, when does UCONN function as a private institution serving the needs of out of state students over residents of this state?  Homer Babbidge, UCONN's former president believed out of state students should never comprise more than 20 or 25% of its enrollment to meet its state land grant objectives yet in 2015 out of state freshmen students comprised 37% of their class excluding overseas students.  If international students were included the percentage would be 42% of the freshmen class. Why should Connecticut residents be underwriting costs for an institution that arguably is not serving the state's public interest? It should be noted, that for the first sixty years of its existence, the University and its predecessor institutions, only accepted enrollment from state residents (note: effective July 1 1941 this legal restriction was eliminated by the state legislature).

Since World War II UCONN has de-emphasized its agricultural land grant mission for a healthy dose of liberal arts education and more recently by embracing the trendy concept of STEM education – Science Technology, Engineering and Medicine. In the space of sixty seven (67) years UCONN has systematically expanded its mission to be an educator for the world without the checks and balances applied to other profit making organizations and without keeping the educational needs of Connecticut residents as its first priority. It is not a coincidence that the state’s fiscal appropriations for UCONN have dramatically declined as a share of its total annual budget over the last seventy five years. As UCONN expanded its mission to educate out-of-state students, capture federal and private sector research funds and raised tuition, the state legislature dropped its financial support from 53% of its budget in 1962 to only 17% in 2016.  Yet despite the limited state support for the university’s annual budgetary needs, the state has continued to treat UCONN as a privileged entity deserving of the vast range of executive powers uniquely ascribed to the sovereign state.  Since UCONN has made this slow and gradual transition from an institution serving the state’s public good to one with an international business mission, few at the state capital have taken notice of its misuse of powers as long as it “beat the drum” of better business and contributed to the state’s Gross Domestic Product (GDP).

Other major universities in New England, including Harvard, Yale, Brown and Dartmouth are private institutions without access to the state subsidies given to UCONN.  UCONN, like all of the great universities of New England must be held accountable to local land use, environmental, public health and safety and housing laws. What is the public benefit of exempting UCONN from these laws?


The history of the last fifty years has clearly shown that immunity from local regulations and preferential treatment by state regulators in the issuance of environmental permits, the release of questionable Findings of No Significant Impact on environmental impact studies and the lax oversight of UCONN’s multi-billion dollar construction program have created serious environmental damages in Mansfield and numerous surrounding towns (this is discussed in more detail on an earlier blog post addressing UCONN's housing and environmental crises and in a separate blog on the legislative history of the University of Connecticut).


Meeting room cartoon
Reduce Size of Board of Trustees and Make it Accountable to Alumni and Mansfield

Reorganize the Membership of the University's Board of Trustees 

Currently 16 of the 21 board members are either appointed by the Governor (12), are the Governor's own cabinet members (3) and the Governor himself.  Two alumni and two students make up the balance of the board. Since its founding in 1881, the university has gradually expanded board of trustee membership (note: 9 members in 1881; 12 in 1925; 14 in 1975; 19 in 1982 and 21 in 2005) while shifting more power of appointment to the Governor of Connecticut. Business and political appointees of the Governor represent the controlling interests of UCONN’s Board of Trustees.


Instead of political appointees, UCONN should select most of its Board membership just like Harvard does - by popular election from its university alumni (note: Harvard’s Board of Overseers has 30 alumni represented on its 31 member Board).  However, unlike Harvard, UCONN should have a less unwieldy Board composed of only 15 members and these members should be selected by alumni and the residents of Mansfield and the satellite campuses.  Four of the appointments to the Board should be made by the Mansfield Town Council or by direct vote of the citizens and the balance of trustees selected by a direct vote of the university’s alumni. The logic for such an approach should be obvious to those that have witnessed the disequilibrium of power between Mansfield and the UCONN Board of Trustees.
Off Campus Housing for Rich Out of State and Overseas Students - This is NOT the Answer


Require UCONN to meet its Housing Responsibilities for all Undergraduate Students  

To accomplish this objective, the state legislature must adopt a "balanced budget" approach to the acceptance of incoming undergraduate students. UCONN must house ALL of its undergraduate students on campus as a matter of law. This is not a radical approach to Mansfield’s housing crisis. The State legislature required the Connecticut Agricultural College and its successor the University of Connecticut to restrict enrollment to 500 students during the period April 26, 1925 to July 1939 when dormitory space was in short supply. Rather than allowing the Board of Trustees to unilaterally make the decision on how many students are allowed to attend UCONN’s Storrs campus, the legislature should require them to annually consult with the Mansfield Town Council to ensure the university considers the off-campus housing impacts created by enrollment decisions.  This consultative approach is needed whether or not the state legislature finds the concept of a private non-profit organization as a palatable solution for solving UCONN’s failed public mission. Dialogue – rather than legislation – may be the first step and this can only happen if the Board of Trustees better represents the interests of the alumni and the citizens of Connecticut.

Similarly, state legislation must be enacted that restricts future financial support for the university to the construction of on campus dormitories as the first priority until the housing crisis is resolved. UCONN's penchant for new sports stadiums, bigger recreational centers, larger laboratories and bigger libraries may all be appealing to donors but must be put on hold until the student housing crisis is resolved. The state legislature set a dangerous precedent by allowing private donor funds to drive UCONN’s building program without grounding such capital intensive building decisions on the basis of the public good in general and public education in particular (think football stadiums, sports centers, sports training facilities, etc.).

For those who claim that many other schools have more off-campus students than UCONN, we reply that one man's mistakes are not another man's opportunities. The question of responsibility for housing students on campus has been plaguing UCONN since nearly its founding in 1881. Past university presidents have treated students like a herd of cattle with little regard for their living conditions or public safety. During the last thirty years there have been countless cases of overcrowded dormitories and yet the Board of Trustees, while it is aware of the existence of these issues, has done little to resolve these housing conditions or to curtail the blight of off campus student housing that has devastated many stable Mansfield neighborhoods. 

In some years, students have been packed in rooms much like the Irish immigrants of the 19th century that lived in deplorable tenements in New York City, Boston and other ports of arrival. Surely, UCONN can do better for its students. Yet it isn't just the students that need to be considered. UCONN's failure to meet its housing needs has forced thousands of students to live off campus if they wished to continue their studies during their Junior or Senior years. The result has been an infestation of student rental housing throughout Mansfield that has destroyed many stable neighborhoods.

The solution, we contend, is a seven year plan to transition the university from its current predicament of only 71% of its undergraduates housed on campus to over 90% by the 2025.  Given the limited fiscal resources of the state of Connecticut, UCONN may need to rely on its private fund raising capabilities and other non-governmental donors to achieve this goal. Rather than seeking donor funds for sports centers, UCONN needs to attract donors who will invest in "name plate" housing if that is what it takes. A Board of Trustees composed of residents of Mansfield and the satellite campuses would be a step in the right direction and facilitate the transition of UCONN from a business behemoth to one working in harmony with its host municipalities.




Divest Storrs Campus of Being the Only Four Year College


Decentralize the University Education System 

UCONN has long been caught in the illusion that bigger is better and that more resources are needed regardless of their environmental or social consequences.  Currently, UCONN has campuses in Hartford, Waterbury, Avery Point, Groton, and Stamford.  All of these locations already offer four year college degrees but they continue to function as "feeder schools" to the UCONN campus in Storrs due to the limited range of courses offered. By decentralizing UCONN’s faculty, curriculum and students, the university and Mansfield will be better able to live within the water and waste-water constraints imposed by the fragile river systems within the watersheds of the Willimantic and Natchaug rivers.  More importantly, a decentralized university system can create centers of excellence throughout the state – not just in Mansfield.  This approach has been taken by the State University of New York in which each of its regional campuses functions as a unique center of academic excellence.

Mansfield is a rural town and its road system was not designed to accommodate urban traffic volumes envisioned in UCONN's Next Generation Master Plan. In the world of public health, health planners created the concept of the Body Mass Index (BMI) to help people determine when they are overweight. While there is no comparable BMI concept for sustainable development in Mansfield, it is clear by any standard that UCONN is "overweight" and its poor health is endangering not only its own future but that of the surrounding towns. For example, in 2015 when UCONN took over 1.5 million gallons of water from outside of its own watershed - a taking sanctioned by the Connecticut Department of Energy and Environmental Protection - it clearly showed it was living beyond the carrying capacity of its own land holdings and those of Mansfield.

Decentralizing UCONN will have many salutary effects on the economies of major urban centers in Connecticut where urban infrastructure already exists to support an expanded university curriculum. Those who believe in the idea that "if you build it they will come" have unfortunately failed the first principles required of anyone who receives the degree of Master of City Planning.

Cities already have the existing infrastructure to meet housing, transportation, public water and sewer services. Expanding a rural college into a mega-university in one of the most rural areas of eastern Connecticut, is an example of a misuse of federal, state and local tax dollars. It is not surprising that UCONN does not offer any courses in urban planning because if it did, it would set a poor example for any serious student of urban affairs. Example is always better than precept.

Restructure UCONN’s Financial Portfolio

The education bubble rests on a collective belief that higher education is a personal and public benefit. For many of the post- World War II years, there was a direct correlation between income levels and educational attainments. While education continues to be an important entry card for many forms of employment, in the post 2001 American economy a college degree offers far less value than fifty years ago.  Yet despite the declining economic value of getting a college education and tuition far out-pacing inflation, the education bubble has yet to be deflated. It is, of course, only a matter of time.

In Connecticut, the state legislature authorized over $4 billion in capital funds for the UCONN 2000 program and its sequel called Next Generation or NEXT GEN for short. This level of capital investment may be the single largest infusion of state funds for university infrastructure in American history. These funds have not only dramatically expanded UCONN’s building inventory (as of 2014 UCONN had over 500 buildings on its Storrs campus) they have also expanded state debt and fueled a tuition crisis. According to a recent article in the July 25, 2016 issue of the Atlantic, “the backlog of maintenance has only grown since the economic downturn. It’s up 18 percent since 2007 at private, nonprofit campuses and 22 percent at public universities and colleges, according to Sightlines, a higher-education-facilities consulting firm.”

UCONN’s massive debt – embodied in over $5 billion in capital investments – counting state and other funding sources - flies in the face of a growing trend toward less building dependent educational systems. Fiber optic technology and the growth of online learning systems promises to provide dramatically less expensive education to college age students in the near future.  The high capital investment in university buildings and the high cost of tenured faculty portend a massive shift in educational priorities over the next two decades (see Decline and Revival in Higher Education, by Herbert London published in 2010). Simply stated, UCONN may be pricing itself out of the education market when the Internet offers a wide array of online courses at a fraction of the cost.


How can UCONN’s massive debt be reduced without compromising its historic mission of providing an affordable public education?  It certainly will not be through more state subsidies – Connecticut taxpayers are fed up with this government largess. The solution depends on privatizing UCONN so its assets can be purchased by business interests and philanthropic organizations rather than the taxpayer.  Inevitably, tuition must go up to keep up with the university’s mounting debt and to cover the increasing costs for maintenance of its massive infrastructure.

Concluding Thoughts - A State Task Force

To accomplish these five highly timely objectives, the Mansfield Town Council, the residents of Mansfield and other interested parties will need to make a compelling business case that this is the best strategy for both the university and for the town. The university will benefit from becoming a private for profit corporation or a private non-profit organization since it will no longer need to rely on governmental sources of funding including the restrictions that such funding entails. With the state's near bankruptcy condition, this is not a difficult case to make because UCONN is very unlikely to continue getting preferential financial treatment as it has over the last 100 years.  Certainly, divesting UCONN from state government will have an important impact on the university staff that are now considered state employees.  A transition plan will be required that sunsets UCONN faculty and staff from state employment.  A combination of approaches should be considered including a transfer of state retirement programs to the new university corporation and the buyout of those within 5 years of retirement age.

To achieve these objectives the state legislature needs to create an independent task force composed of business leaders, academic representative from the university, alumni, residents of Mansfield and other campus branches as well as distinguished scholars and university presidents from prestigious universities that operate in private non-profit and private for profit modes. Such a task force, established by special legislation should be given at least two years to develop a strategy to achieve these objectives along with a budget to cover consulting costs, travel and administration work required to complete this work. 

Similar task force strategies were used in earlier eras when UCONN was considering expansion of its mission into medicine and law and needed the legislative and financial support of the state of Connecticut and private donors.  


The time is ripe for a reassessment of the University's role in the 21st century - especially with dramatic reductions in federal and state funding which are already forcing UCONN to develop financial counter-measure plans to survive over the next five years as student enrollment declines in direct proportion to increasing tuition. Part and parcel with the tuition crisis, the state’s taxpayers are demanding greater fiscal accountability in state government and one of the most important first steps toward fiscally responsible government is privatizing the University of Connecticut and divesting it from its privileged position as the holder of sovereign powers within the municipalities it presumably serves.

Research Methods:
Details on the sources and methods used in this research can be found by clicking on Notes on the Research Supporting this Blog.