Minutes of the University of Oregon Senate Meeting 12 October 2011
Prepared and submitted by Christopher S. Prosser, Senate Executive Coordinator.
Present: Roger Adkins, Tracy Bars, Nancy Bray, Jane Brubaker, Ben Eckstein, Jennifer Ellis, Karen Estlund, Pedro Garcia-Caro, Roland Good, Colin Ives, Harinder Kaur Khalsa, Peter Keyes, Theodora Ko Thompson, Robert Kyr, Peter Lambert, Jena Langham, Kelley Leon Howarth, Huaxin Lin, Stephanie Matheson, Carla McNelly, Harlan Mechling, Debra Merskin, Ronald Mitchell, Emma Newman, Steven Pologe, Roxann Prazniak, David Riley, Sonja Runberg, Gordon Sayre, Donna Shaw, Christopher Sinclair, Randy Sullivan, Yin Tan Nathan Tublitz, Vadim Vologodski, Glen Waddell, Dean Walton
Absent: John Bonine, Robert Elliot, Ali Emami, John Foster, Mark Gillem, Sangita Gopal, Anthony Hornof, Ryan Kellems, Peng Lu, Ian McNeely, Jeffrey Measelle, Peter Walker
Excused: Deborah Healey, Marilyn Nippold
1. CALL TO ORDER
Senate President Robert Kyr (Music and Dance) called the meeting of the University Senate for October 12, 2011 to order at 3:04 PM in room 175 of the Knight School of Law. He welcomed everyone in attendance to the first meeting of the year, and stated that he was very excited for the coming year as it would surely be one of the most important in the history of the University.
1.1 Introductory Remarks, Robert Kyr
Senate President Kyr then listed ten points that the Senate is facing during the coming year. The first issue was concerning policies. The policies that were not signed by President Lariviere have now been reviewed by the general counsel and some of them will be going back to their Senate committees. The Senate has received new policies from Lynette Schenkel (Associate Vice President for Responsible Conduct of Research/Director of ORCR) to consider in a revised version. Senate President Kyr then mentioned that these points were not in order of importance. The second point was the UO Constitution which must be ratified this year. There will be a calling of the Faculty Assembly to accomplish this task. The third issue concerned public safety officers transferring to a police force and the various questions that community members have been discussing in relationship to the various statements and policies that are being put into force. According to Senate President Kyr, the Senate will be holding a special open discussion on this topic at its November meeting. Point four was concerned with enrollment increases. He then asked the Senate body if they had noticed the increase in traffic on campus from bicyclers and automobiles. He then stated that it is very important to be aware of these traffic concerns because there are difficulties on both sides of the equation. The safety of every member of the UO community is very important. The fifth point was the Senate’s vision plan for the University, which will be formulated through the Senate Retreat, the first of its kind at the UO. He told the Senate body that they need to remember, as he mentioned in his May address to the Senate, that we are unity of constituencies. This applies to faculty, students, officers of administration, officers of research, and classified staff. Each group has a stake in this University, and as Senators, we need to formulate the vision plan together as an expression of our common will. This plan will be presented to the central administration and will be used to engage them in an open discussion. Open and respectful discussion about matters of importance is a tradition at this University. The sixth point involved shared governance. Senate President Kyr has instituted the President and Provost Forums; one each quarter. He stated that he was thrilled that both President Lariviere and Interim Provost Davis are excited about these upcoming events. The first Provost Forum will be held on Wednesday, October 19 in Beall Concert Hall inside the School of Music and Dance from 4 – 6PM. The first President’s Forum will be Wednesday, November 2 in Beall Concert Hall also at the School of Music and Dance from 4 – 6PM. According to Senate President Kyr, this will be a time for the entire community to come and have an open and respectful discussion with the President and the Provost. Point seven has to do with the policy on policies. The Senate Executive Committee will be formulating a policy on policies related to the flow of policy making at the University and the role the Senate plays in policy making. The eighth point was the proposed union. Senate President Kyr stated that he invited representatives from the AAUP to the November Senate meeting to give a presentation on unionization and field questions. The ninth point was communication and service. This is a crucial point that must be strengthened. The UO needs each and every person now more than ever to join in this common effort in order to move our shared governance system forward. The tenth and final point was the academic plan, which is now under review. It will be going before various bodies at the University including the Senate. Senate President Kyr then introduced Jane Gordon (Associate Dean, School of Law) to give a brief welcome to the Senate body on behalf of Michael Moffitt (Dean, School of Law).
1.2 Welcome from the Dean of the Law School (Jane Gordon, Associate Dean)
Ms. Gordon welcomed the Senate to the Law School and asked if Senate meetings were going to be held in room 175 in the future. Senate President Kyr responded that meetings will be held at the Law School in the fall term. Ms. Gordon then stated that about thirteen years ago, before the Law School was built, the grounds were surrounded by swamp land. Previously, the Law School was located on Kincaid Street and the decision was made to move to its current location because they do not have undergraduate student who need to factor in traveling across campus. She then stated that the Law building is eleven years old and had thought that one day it might become the center of campus. Ms. Gordon then delivered a message from Dean Moffitt which was that the Law School is very happy to be in a more centralized area of campus. The Law School hopes to be even more integrated with the rest of the UO despite their composition of only graduate students. She again welcomed the Senate body and stated that the Senate will always be welcome at the School of Law. Senate President Kyr then thanked Ms. Gordon for her welcoming statements and said it was a pleasure to be meeting in the Law School.
1.3 Approval of the minutes of the May 11 & 25 Meetings
Senate President Kyr asked the Senate body for a motion to approve the minutes of the May 11 and 25 Senate meetings. A motion was given and seconded. He then called for a vote from the Senate body. A voice vote was taken and the minutes of the May 11 and 25 Senate meetings were approved unanimously.
2. STATE OF THE UNIVERSITY
Senate President Kyr then stated that Ben Eckstein (ASUO President) would be giving his report at this time due to a conflicting meeting that he had to attend during his scheduled report time. Mr. Eckstein thanked the Senate body for allowing him to present his report ahead of schedule. He then asked the student Senators to stand and introduced them to the Senate body. The student Senators present at the meeting were Harlan Mechling, Jena Langham, Emma Newman, and Stephanie Matheson. He then thanked Senate President Kyr for his commitment to equal participation in shared governance by all stakeholders. Mr. Eckstein has been working with Senate President Kyr throughout the summer and he has shown that he is committed, not only to fully including students, but he is also committed to the creation of an environment where student feel consistently valued, respected, and wanted. He then updated Senators on two pressing issues that the student body is facing. The first issue dealt with student voting for a one hundred dollar per term student fee for the next thirty years to fund the renovation and expansion of the Erb Memorial Union (EMU) and the student recreation center. According to Mr. Eckstein, his administration and other students groups within the EMU are working hard to promote this very important referendum and to educate students on this issue. His administration also felt it was important that students be given a chance to vote on this issue to decide whether or not they wanted these projects to occur. Students need to be informed about the impact of the decisions they make when voting on this critical issue. Many student concerns have already gone unaddressed regarding the plans for the new EMU. Student groups could be receiving less space and privacy. This is a concern with the current proposed project. There are many student programs that need safe spaces within the student union, and this change would not be acceptable. According to Mr. Eckstein, students and proper stakeholders have not been properly engaged in the building process and in the decisions that are being made throughout this process. He is concerned that the EMU could lose accountability from the student body, who throughout history, have been its primary investors. His administration is working very hard to insure the election process for this referendum maintains full integrity as a student run election and that student rights are upheld.
The second issue deals with the University converting the Department of Public Safety (DPS) into a police force. The ASUO opposed this decision and will be maintaining a very high level of involvement in the planning process as this conversion moves forward. All constituencies need to be fully engaged in this process. His administrations vice president, Katie Taylor serves on the police department complaint resolution board working group which is charged with developing an effective oversight mechanism to handle complaints and to protect the central rights of the campus community. Although the decision made by the state board was inconsistent with the opinions of the student body, his administration will continue to work to insure that student voices are heard and that the campus community is very engaged in the process as it moves forward. He closed his comments by stating that as the year moves forward, he is very thankful for having such an outstanding body in support of shared governance, and welcomed the Senate to reach out to the ASUO for information or support as they are always happy to partner with other stakeholders on campus.
Senate President Kyr thanked Mr. Eckstein for his comments and stated that he was extremely grateful for student participation in the Senate. He then mentioned that the state of the university address was supposed to be given by President Lariviere, but the President was called to Washington by Hilary Clinton to attend the American Summit on higher education and was unable to attend today’s Senate meeting. He then invited Lorraine Davis (Interim Provost) to the Senate floor to give her remarks on the state of the university.
2.1 Remarks by Interim Provost Davis
Interim Provost Davis thanked Senate President Kyr and stated on behalf of President Lariviere his invitation to Washington D.C. was a late invitation but it is fortunate that the UO has representation at that event. The President will be returning quickly to participate in the forthcoming UO Foundation meeting. She then stated that from one perspective, the state of the university at the present time is transitional, at least from the leadership perspective. That is not a mark of unrest but a mark of circumstances and continual change which often can be very positive. Changes cause you to reexamine what you are doing, how you are doing it, and who is doing it. She reassured the Senate body that even though there are, have been, and will be a number of leadership transitions, she is hopeful that they will be positive and will have the support of all constituents at the university in order to move forward.
The first transition is her position as Interim Provost. It is her hope that James Bean (Senior Vice President and Provost) will return to his position after the current academic year has expired to reassume his duties as Provost. Another transition that has been announced is the Vice President for Finance and Administration. Francis Dyke had announced her intent and desire to retire at the end of this academic year, June 30, 2012. A search was undertaken for a Chief Financial Officer (CFO) position with a broader and more sophisticated portfolio than the current portfolio for the Vice President for finance and administration. Due to the complicated job description, Interim Provost Davis stated that only three to five people in the United States would be able to meet the qualifications. As a result, President Lariviere declared the search a failure and has appointed Jamie Moffitt (Intercollegiate Athletics) as the Vice President for finance and administration on a permanent basis beginning January 1, 2012. Francis Dyke will continue to serve in her position until the end of June 2012 in order to assist Jamie Moffitt in her new position. She then stated that Charles Martinez (VP for Equity and Diversity) has repositioned himself in the college of education. Currently, there is a search under way for the Vice President for Equity and Inclusion. In the meantime, Robin Holmes (VP for Student Affairs) is assuming the responsibilities of Charles Martinez’s former office. Since last year, there has been a new appointment for the Vice President for Research and Innovation and Kimberly Espy (Dean, Graduate School) is working hard to structure that office in a way that will move it forward. Former history professor, former dean of the college of arts and sciences, former Provost at the University of Illinois, former President at the University of Texas, former chancellor at the University of California at Berkeley, and former President of the American Association of Universities (AAU), Bob Berdahl (Special Assistant to the President) will be assisting the university leadership in an advisory capacity. She then stated that the Senate will more than likely be interacting with him and identified three area of interaction.
The first involves new challenges and opportunities that face the UO and are positive challenges related to the Oregon legislation of Senate Bill 242 and 909. The Senate will be involved in these issues through various policies and constitutional matters. She believes Bob Berdahl will have a great deal of insight and wisdom into these issues and will also greatly contribute to the organizational structure of the UO. During her upcoming Provost Forum, Interim Provost Davis will be giving a presentation on the progress of the Academic Plan. At the same time, the foundation office and the office of the VP for development have begun the initial steps for a financial campaign regarding fundraising. Due to the current amount of support that the University receives from the state, it is critical that external donations and fundraising remain at a very high level. Interim Provost Davis believes that Bob Berdahl can assist the administration in matching some of the values, which are very well expressed in the Academic Plan, of prioritizing as they move through the process of implementing these initiatives.
Interim Provost Davis stated that this year there will be a search for the Senior Vice-Provost for Academic Affairs and the Senate will hear more details as the search begins. Earlier that morning, she delivered a campus-wide announcement that the vice provost for international affairs is leaving the university at the end of December. Interim Provost Davis will appoint an interim person to that position within the coming weeks given the quick timeframe of departure. Those are some of the transitions occurring in regards to leadership at the UO. She then stated that the University is about the students who are at the core of the UO’s mission, and then mentioned a few points regarding the student body. The UO has more than twenty-four thousand students, as was mentioned by Senate President Kyr. That number is a challenge in many ways, but at the same time allows the UO to be the robust research university it is today. There are four thousand freshmen at the UO with an average GPA of 3.59. They are well prepared to participate academically and she believes the Senate will find them to be very well qualified. Twenty-three percent of incoming freshmen are students of color and the first year retention rate between freshmen to sophomore year was almost eighty-six percent. Interim Provost Davis stated that that was exceptional and a tribute to the faculty, staff and students. People are working together to accomplish their goals. There is also a fair amount of capital construction ongoing. She stated that the construction is costing five hundred million dollars which does a great deal for Eugene’s economy but also presents many challenges in facilitating movement around campus. She had the privilege of walking through the east campus residence hall that will open fall of 2012 and though it was an incredibly nice and facilitative facility that will serve the UO well.
Interim Provost Davis has been meeting with the deans of every school and department at the UO. She asked every dean three questions. The three questions are; what are the good things going on in your school or college; what are the things you are working on; and how can the provost’s office be of help. She was very impressed with the faculty, personnel, and the support that surround the various schools and departments. Many of the challenges that were identified deal with accommodating faculty, staff, and students as a result of the increase in student enrollment. According to Interim Provost Davis, the deans do not want her to hinder their progress. She will not get out of their way, but will participate with them on their way to reaching their goals. Interim Provost Davis has been at the UO for forty-one years and there has been a great deal of change since her last appointment as Vice President of Academic Affairs. The one thing that has not changed is the quality of people at the UO who care about the University, students, our mission, and each other. She then thanked the Senate body for the opportunity to speak on behalf of President Lariviere and to participate centrally at the UO in its excellence.
3. NEW BUSINESS
Senate President Kyr thanked Interim Provost Davis for her comments and moved on to the next point of the agenda which was the affirmation of appointments to senate elected committees.
3.1 Affirmation of appointments to senate elected committees, Robert Kyr
Senate President Kyr stated that the appointments have already been made and accepted by the members. He then thanked the appointees for accepting their positions and for their service and read the names before the Senate body. The list of the committees and names are as follows: Faculty Advisory Council (FAC): Edward Kame’enui (Center on Teaching and Learning), Anne Laskaya (English); Faculty Personnel Committee (FPC): Michael Russo (Business), Hailin Wang (Physics), Van Kolpin (Economics); Intercollegiate Athletics Committee (IAC): Brian McWhorter (Music and Dance), Nathan Tublitz (Biology), Glen Waddell (Economics); Senate Executive Committee: Glen Waddell (Economics), Peter Keyes (Architecture), Harinder Kaur Khalsa (Romance Languages), Carla McNelly (Classified Staff), Kim Sheehan (Journalism); Senate Budget Committee: Angela Davis (Business), Lisa Freinkel (English). Senate President Kyr then asked the Senate body for a motion to affirm the names of appointees. A motion was given and seconded. Senate President Kyr then called for a vote. A voice vote was taken and the slate of appointments was approved unanimously. He then moved on to the policy update.
3.2 Policy Update, Robert Kyr
According to Senate President Kyr, the five policies that the Senate will be focusing on for the moment are the Facilities Use Policy, the Academic Freedom and Freedom of Speech Policy, the Retirement and Emeriti Policy, the Research Misconduct Policy, and the Classified Research Policy. The first two were sent by the Senate to the President who did not sign them and were then sent to the general counsel for review. The general counsel has made extensive revisions to these two policies and they must be sent back to the Senate committees that first reviewed them. Senate President Kyr then stated that the Retirement and Emeriti policy was reviewed over the summer by its committee and will come before the Senate, hopefully at the next meeting or meeting after next. The fourth and fifth policies, Research Misconduct and Classified Research have just been resubmitted to the Senate in a revised form by Lynette Schenkel (Office of Responsible Conduct of Research). These polices will again be reviewed by the Senate before being brought to the floor for a vote. He also stated that under point six of the agenda, there will be a notice of motion regarding the policy on policies.
3.3 Senate retreat on October 22, 2011, Robert Kyr
Senate President stated that he was thrilled about the upcoming Senate retreat. This will be the first time in the history of the university that the Senate has had a retreat. He then reminded the Senators that they must remember that the Senate is the only body that is constituted with five constituent groups. At the retreat, Senators will be formulating a vision plan for the University that expresses the common will of these five groups. The vision will become the focus for interaction with the central administration. Senate President Kyr then thanked all those who have responded to the invitation to the retreat and then asked all who have yet to respond to please fill out your RSVP very soon as final preparations are being made. The retreat will be held on Saturday, October 22 at the Lillis Business Complex in room 282,and breakfast will be served at 8:30AM in the east courtyard. At 9AM the first session will begin and will focus on formulating the vision plan. Senators will break into caucus groups to discuss specific questions. Lunch will be served at noon in the School of Music and Dance and from 1:30 – 4:30PM in room 190. The rest of the retreat will focus on discussing the various points across constituencies that were formulated during the morning session. Several task-forces will be formulated that will continue the process of molding and refining the vision plan. He then stated that he really looks forward to all Senators participation in this time of change, challenge, and opportunity at the university.
3.4 President’s Forums and Provost’s Forums, Robert Kyr
Senate President Kyr stated that he sees these forums as an important step forward in our shared governance system. Now every member of the university community can come and have an open discussion with the Provost and the President. He encouraged all Senators to attend the forums and mentioned that the vision plan would be well on its way to formulation by that time and should be woven into these discussions.
3.5 Respectful Workplace Ad Hoc Committee, Robert Kyr
Over the summer, and at the request of Senate President Kyr, Senator Carla McNelly (Classified Staff) formed a task force that began looking into questions that she raised related to respectful workplace when she presented her acceptance speech upon receiving the UO Senate Classified Staff Leadership Award. Senate President Kyr stated that the many ways in which each of us interact with classified staff must change. He was very moved by her speech and immediately approached her to offer his assistance. Together they formed a task-force which met during the summer and since that time; they have been doing phenomenal work. Based on their substantive work, the taskforce is now becoming an official Senate ad hoc committee. This work will go forward and the committee will present a report at the November Senate meeting. Senate President Kyr then thanked Senator McNelly for all her hard work and asked the Senate body if anyone had specific needs for their constituency. These needs will be discussed at the retreat, but there are certain pressing issues that might go beyond what transpires at the retreat. He then stated that if this is the case, please contact him privately to discuss your needs.
3.6 Senate VP Election in November, Robert Kyr
According to Senate President Kyr, the election for the Senate Vice President will be held at the November meeting. He then invited Senator Nathan Tublitz (Biology) to the Senate floor to lead an open discussion on the revisions to the UO Constitution which will be coming before the Statutory Faculty Assembly later in the year.
4. OPEN DISCUSSION
4.1 Revision to the UO Constitution, Nathan Tublitz, Chair; Internal Governance Committee
Senator Tublitz explained why the governance committee is updating the UO Constitution. He then provided Senators with contextual information and stated that back in the mid 2000s, there was an issue on campus regarding opposition to the Iraqi War. That issue landed in the Senate then moved to the University Assembly. There was a potential vote in the Assembly, but that vote was squashed by a presidential decision that stated there was no quorum. The President decided that the Assembly could not vote. There was a question as to whether that legal argument was appropriate, and the Senate, in 2007 asked the Department of Justice to write a report and issue a ruling on what the quorum requirements were for the University Assembly. That ruling was issued in November 2008 and stated that the Charter of the University, which states that the President and the professors shall govern the University is sacrosanct and should be followed. According to Senator Tublitz, because the Assembly did not have a document that actually turned that sentence into a working set of procedures, the University developed a Constitution. He believes it is a very good one and is the one that is being worked on currently. The Constitution was adopted by the Assembly in 2010 and approved by the President shortly thereafter. In the present, it was realized that there were gaps in the current version of the Constitution. The Assembly quorum requirement was not discussed. It was also realized that the document had room for improvement. He then stated that he is here to present the work of the committee and asked Senators to please listen to his presentation and then provide feedback that will be brought back to the committee. The document will be brought before the Senate for approval at the November meeting, but will not go into effect because the Senate does not have the authority to approve the Constitution. The Constitution must be ratified by the Statutory Faculty Assembly. However, out of respect for the Senate it will be brought before the Senate body for approval. All sections in the Constitution document were reviewed for clarity and all committee members felt that almost every word should be changed. This is what the committee has done, but the meaning has remained the same. Every section has been clarified and there are three sections that have been significantly updated. Instead of going through the document section by section, Senator Tublitz thought it would be best to go through the table of contents and make comments on the sections that were updated. The UO had an Assembly, which was the overarching governance group at the UO, which consisted of all teaching professors at the University. It also included others that had the rank of professor and students. The Department of Justice said that these other groups were inappropriate because of the language in the Charter of the University. The teaching faculty have been replaced by the Statutory Faculty.
Senator Tublitz then discussed the laws and rules that are mentioned in the Constitution, the composition of the Senate, and the eligibility of participation or how the Senate election is run. He then discussed the more involved changes. The first major change involves the power of the Senate and asked the Senate body; what power does the Senate have? He answered his own question and stated that the Senate has legislative power. The Senate can legislate changes to the University based on a consensus by the University attorneys, the President, and the faculty through their respective roles. The Senate can mandate legislation and pass resolutions. The President has to listen to the Senate on matters of legislation. Senator Tublitz then discussed section seven of the document. The distinction between legislation and resolution is the first major change to the Constitution. The second major change is to propose a process by which the Senate passes a motion that the administration does not like. When this occurs, there is now a higher level for action. He then stated that this is the same for policies, but does not apply to resolutions because they are non-binding. The President has the right to veto all decisions made by the Senate, and because of the change in the structure of the Oregon University System (OUS), there is no higher authority than the President. Continuing his discussion of the document, Senator Tublitz stated that section eight remained virtually unchanged. The next section clearly delineates the process by which the Faculty Assembly operates. He then discussed the quorum requirement which is one quarter of the members of the Assembly and one third of the members in the event of a Constitutional amendment. The final section was newly written into the document and discusses the policy library; an online archive that will list all legislation passed by the Senate and the Assembly. The policy library will post all policies approved by the President. He then asked for questions from the Senate body.
Dr. David Hubin (Senior Assistant to the President) stated that he was reticent to ask the first question and offered a point of context. He has worked with the faculty governance group on the Constitution and he believes it is significant that the university is headed towards completing the revisions. Both Dr. Hubin and Senator Tublitz are aware that the revised Constitution will be reviewed by the university general counsel. Dr. Hubin then stated that both he and Senator Tublitz have talked at length about the next steps in refining the revisions and then having the document signed by the statutory faculty and President Lariviere. The revisions have been read by general counsel and Dr Hubin stated that he will share the revisions with the Senate. General counsel’s comments are not meant to be dispositive, but rather are meant to be the general counsel’s reading of whether a word should be “consult” or “confer.” He then stated that he was not trivializing legal advice. There will be changes throughout the document that reflect discussions within Johnson Hall prompted by general counsel that begin with the third line of the document. General counsel prefers the word “ratified” by the statutory faculty versus “adopted” by the statutory faculty. There is a great deal of these types of changes in the general counsel’s edits and Dr. Hubin stated that he is not quite sure what the distinction is. He is not interested in making it a point of contention between the two documents. For this reason, he has not shared the general counsel’s comments on the document. The changes will be discussed within the faculty governance group and a recommendation will be brought to the Statutory Faculty.
Senator Tublitz then summarized the process and stated that hopefully, Senators will discuss the Constitutional revisions and send their comments to the governance group. He then thanked Chris Jones (Research Assistant/Program Manager Sustainable Cities Initiative) for doing this and asked the rest of the Senate body to follow suit. Senator Tublitz then stated that the general counsel will also send his suggested changes. Members of the community will send their suggested changes, and then the internal governance committee will meet and deliberate on these changes to the document. He then listed the names of the committee members. The internal governance committee is comprised of Chris Prosser (Senate Executive Coordinator), David Dusseau (Business), Debra Olson (Education), Frank Stahl (Biology Emeritus), Gordon Hall (Psychology), David Hubin (Senior Assistant to the President), John Bonine (Law), Jette Foss (Biology), Peter Keyes (Architecture), Robert Kyr (Music and Dance), Susan Gary (Law), Scott Pratt (Philosophy) and Anne Tedards (Music and Dance).
A question was asked from Senator Randy Sullivan (Chemistry). He wanted to know if the committee had any legal advice in drafting the document. Senator Tublitz responded that the governance group has not employed legal advice, but two attorneys, John Bonine (Law) and Susan Gary (Law) are group members and have done an outstanding job of providing potential alternative interpretations.
Another comment came from Senator Ronald Mitchell (Political Science) who thanked Senator Tublitz and the members of the governance group for revising the Constitution. He said that these are the kinds of things that you do not know are working until they do not work. He then stated that he was glad someone is doing this work because he would not have signed up to do it. Senator Tublitz then stated that this Constitution is the document that faculty and others will run the University from, and as such, it needs to be very clear. He then stated that there is another step that will perhaps be even more contentious, which is a discussion on whether or not the Constitution will mandate how decisions are made at the unit level. He then repeated that the document needs to be very clear.
Senator Emma Newman (ASUO Student Senator) asked what date revisions should be sent to Senator Tublitz. Senator Tublitz jokingly replied by 5pm today. He then stated that an email had gone out to all Senators requesting comments by Friday, October 21.
Senator Randy Sullivan (Chemistry) then asked if a unit within the University has implemented a policy without the approval of the University Senate, is there a method specified within the Constitution to bring them to task for their actions. Senator Tublitz responded by stating that there is no such provision, but that Senator Sullivan brought a really important and interesting point. Senator Tublitz will bring this point to the governance committee for further discussion.
Dr. David Hubin (Senior Assistant to the President) offered a comment regarding policies. He stated that the Senate deals with policies that will rise to the policy library. If the teaching and learning center had a policy on whether or not to give a refund for a workshop, that policy would not be brought to the Senate. If a policy is being proposed and will eventually be moved to the policy library, each proposed policy will go before the Senate Executive Committee in order to determine whether or not the Senate will play a role in its adoption. At that point, Senator Tublitz confirmed Dr. Hubin’s statement. He then added that there is another aspect that has not been defined which is how a unit runs its governance system. Those issues will be discussed with the governance group.
Senate President Kyr asked Dr. Hubin a question. He wanted to know what the deadline was for the general counsel to give his comments and will those be available to the university community. Dr. Hubin then stated that both he and Senator Tublitz discussed whether Dr. Hubin should suggest a series of changes based on the general counsel comments. Those comments have been completed. Senate President Kyr then asked; what part will the general counsel’s commentary play in the revision process. Dr. Hubin stated that some of the suggested changes are such that the faculty will want to weigh-in and consider, and some of the suggested changes address questions regarding the quorum among other items. This was discussed by the committee and as far as Dr. Hubin knows, there is no legal issue in regards to the quorum; however there is a question regarding the definition. He then stated that he would like to post general counsels suggested revisions for the campus community to discuss. Senate President Kyr then stated that he believes there should be one document for people to consider posted in one place to avoid confusion. He did not believe it was fair to ask his colleagues to look at different documents in different locations on the web, especially this late in the revision process. Dr. Hubin asked Senate President Kyr what his recommendation would be. Senator Tublitz then proposed a solution and stated that the response by the general counsel has two parts to it. The first is a legal response. The second involves suggested changes. The committee will review all changes and come forward with a final revised document which will be presented to the community for conversation. At that time, the general counsel can again offer comments at the Statutory Faculty Assembly. It is the Statutory Faculty who will be making the decision on whose suggested changes/comments will be added to the revised Constitution.
Dr. Hubin stated that he would work with Senator Tublitz and Chris Prosser (Senate Executive Coordinator) and does not want the general counsel’s comments on the Constitution to be seen as a competing document. Senator Tublitz then asked Dr. Hubin to submit to him a copy of the general counsel’s comments and he would take the comments to the internal governance committee for discussion. Dr. Hubin agreed. Senate President Kyr then stated that what the Senate wants is clarity of discussion, and in order to accomplish this, the parameters must be set in a way that is helpful to everyone.
Senator Tublitz stated that some of the motions regarding policies passed by the 2010-2011 Senate were approved by the administration. After they were approved, the general counsel claimed the policies were illegal and/or inappropriate. Senator Tublitz does not believe the Senate and administration should operate in this manner. There needs to be a system by which general counsel, the administration, students, faculty, classified staff, and officers of administration have a voice in a consensus mediated discussion on the document in consideration. Once the final document is passed it must remain passed. The general counsel should have to follow the same rules that everyone else follows.
A comment was offered by Senator Carla McNelly (Classified Staff Senator). She thanked Senator Tublitz for eloquently explaining the background information regarding policies and shared governance. She also thanked Senate President Kyr for allowing the Senate body to discuss the revisions to the Constitution. She wanted to know if the general counsel could provide the Senate with the IMD’s (Internal Management Directives) in the spirit of transparency. Dr. Hubin responded to her question by stating yes. He stated that he has seen the IMD’s and that he was not general counsel, but that it was a reflection on an OUS system that has not worked well. According to Dr. Hubin, IMD 3.105 was passed in January of last year and is not up on the OUS (Oregon University System) website, but he will share it with the Senate. IMD 3.105 removed the Chancellor’s authority to override an OUS President. Senator Tublitz located the OUS homepage and announced to the Senate body that the page was last updated in 1998. He then apologized for having to mention these issues, but he believes that these discussions are crucial to our system of shared governance. He then reminded the Senate body to email him with their issues and concerns regarding the revisions to the Constitution.
Senate President Kyr thanked Senator Tublitz for his hard work and stated that while Senator Tublitz was Senate President, not only did he rewrite, with consultation and consensus building, the Senate By-Laws, but he also stepped into the chair position of the Internal Governance Committee and championed that groups efforts. The Senate body gave Senator Tublitz a warm round of applause for his service.
5. REPORTS
5.1 ASUO Report, Ben Eckstein, ASUO President
Due to the fact that ASUO President Ben Eckstein gave his report at the beginning of the meeting, Senate President Kyr moved to the notice of motions.
6. ANNOUNCEMENTS AND COMMUNICATIONS FROM THE FLOOR
6.1 Notice of Motion(s)
Senate President Kyr asked Senator Tublitz to announce the first notice of motion.
6.1.1 Notice of motion to approve the revised constitution Nathan Tublitz, Chair; Internal Governance Committee
Senator Tublitz gave a notice of motion to approve the revised Constitution. Senate President Kyr stated that this motion will be presented to the Senate at the November Senate meeting. He then asked Senator Glen Waddell (Economics) to introduce the notice of motion for the Policy on Policies legislation.
6.1.2 Policy on Policies, Senate Executive Committee (SEC) Glen Waddell, SEC member
Senator Waddell stated that ten years ago, he was introduced to the academy with a confusing piece of paper from the committee on committees. Now he has the privilege of introducing the policy on policies. This policy will come before the Senate at the November Senate meeting. Senate President Kyr thanked Senator Waddell and jokingly mentioned that we’ll all be in trouble when the UO has a Constitution on Constitutions.
6.2 Other
Senate President Kyr asked if there were any other announcements from the floor. Senate Parliamentarian Paul Simonds (Anthropology Emeritus) asked Senate President Kyr if he could introduce himself to the Senate body. Senate President Kyr stated that he could.
Senate Parliamentarian Simonds stated that he was the Senate Parliamentarian, and all Senators have access to his advice on parliamentary procedures. The easiest way to contact him is by email or phone. Senate President Kyr thanked Parliamentarian Simonds for his service, which he feels is crucial to the proceedings of the Senate.
Senate President Kyr then asked if there were any other comments from the Senate body. Senator Tublitz raised an issue that he was recently made aware of regarding the Distinguished Service Award and the ceremony associated with that award. He stated that the University Senate issues very few awards and one of its highest awards is the Distinguished Service Award. This award is given to one to three individuals every year from outside the University of Oregon who have given outstanding service to the state of Oregon and beyond. He then repeated that this award is given by the Senate. There is a committee that runs the selection process, approves the award, and the results are brought to the Senate who then convenes in executive sessions for a vote on each nominee. The awards have been issued every year since 1956. Last year the Senate initiated a process, with full cooperation from the administration, of having a reception for the nominees at the end of the first Senate meeting of the fall term. He then stated that this year, for some unknown reason, the administration has unilaterally not allowed the Senate to host the reception for the award nominees. Instead, the administration is holding its own separate awards ceremony for the awardees, and according to Senator Tublitz, the Senate has not been invited. He then stated that one could argue that this is not that important but is merely symbolic; however it is a duty of the Senate. If this duty can be taken away by the administration without a discussion with the Senate body, then why should the Senate do any work at all. Senator Tublitz then stated that he officially objects to the process by which the giving of the Distinguished Service Award has been effectively taken away from the Senate by the administration. Senate President Kyr offered a point of clarification that by giving, Senator Tublitz meant the presentation of the Distinguished Service Award, to which Senator Tublitz agreed.
Dr. Hubin replied to Senator Tublitz’s objection. He stated that from 1956 to 2009, the Distinguished Service Award, which was established by the Faculty Assembly who authorized the President to bestow the award, was given at commencement. Under President Lariviere’s leadership, the presentation of the award was changed and it was given away at a brunch before commencement to a very small group of people. Last year, the administration realized that there was no appropriate venue to distribute the award. Dr. Hubin stated that he worked with then Senate President Tublitz to link the award presentation to the Senate. He then corrected Senator Tublitz’s previous comment and told the Senate that it was not due to a lack of communication. One of the recipients, Robert Berdahl, will not be in Eugene on the day of the award presentation but could make it to a reception on the day after today’s Senate meeting. Due to this conflicting schedule, the administration decided to move the reception to accommodate the recipient. Dr. Hubin then stated that President Lariviere has invited all faculty, staff, and officers of administration to the reception. Everyone should have received emails from the Deans and Directors list and through the President’s Office. Senator Tublitz then replied that this was a Senate ceremony. He then repeated that there was an agreement that this was to be a Senate ceremony and not an administrative ceremony. As a result, if that is going to change, it needs to be changed by the Senate and not by an edict from the administration. Dr. Hubin stated that Senate President Kyr, Senator Tublitz, and he should talk further about this issue. According to Dr. Hubin, the ceremony was changed to be linked to the Senate through a bilateral conversation between Dr. Hubin and Senator Tublitz. The Senate did not vote on this issue. He stated that it was a good change but did not work this year and will be held the day after today’s Senate meeting. Everyone is invited. Senate President Kyr has graciously accepted to give opening remarks at the reception. Dr. Hubin believes that this issue should be solved by the Senate President. Senate President Kyr then commented that earlier that day he had a discussion with Dr. Hubin regarding this issue and he feels confident they are headed in the right direction. In the spirit of shared governance, there is no reason why we cannot present this award together in the future with appropriate consultation. This is another example of what we must work together on to resolve. Dr. Hubin again invited the Senate body to please attend the ceremony for the Distinguished Service Award.
Before adjourning the meeting, Senate President Kyr reminded Senators to please sign in on the attendance sheet. He then thanked the Senate body for their participation.
7. ADJOURNMENT
Seeing no further comments, Senate President Kyr called the October 12, 2011 meeting of the University Senate to a close at 4:47PM.