2011-2012

Minutes of the UO Senate Meeting for May 23, 2012

Minutes of the UO Senate Meeting 23 May 2012

Prepared and submitted by Christopher S. Prosser, Senate Executive Coordinator.

Present:

Absent:

Excused:

1. CALL TO ORDER

Senate President Robert Kyr (Music and Dance) called the meeting of the University Senate for May 23, 2012 to order at 3:06PM in room 101 of the Knight Library.

He informed the Senate that the minutes would not be approved as they were still in the process of being transcribed, but would be approved at the first meeting in October. He then invited Interim President Robert Berdahl to present his state of the university address.

2. STATE OF THE UNIVERSITY

2.1 Remarks by Interim President Berdahl

Interim President Berdahl stated that he greatly appreciated being in attendance at the final Senate meeting of the year, which he presumed would be his final meeting as the search for the next university president was proceeding well. He hoped that the new president would be in place by September 15 or earlier. He welcomed all new members of Senate who were in attendance and thanked who had served on the Senate whose membership was expiring. He commented that a strong Senate and a strong system of shared governance was an important component of successful universities, and thought that this was clearly the case for the University of Oregon. Interim President Berdahl outlined several events that would be taking place in the coming months at the university.

On June 18, the university was going to celebrate one of its great annual traditions of any university; commencement. According to Interim President Berdahl, the quality and percentage of those graduating reflected the great accomplished over the past several year in attracting some of the best student to pass through the university. He recognized that due to the substantial growth in enrollment over the last several years, faculty and staff had taken on additional burdens as a result of this growth. He thanked everyone for their tremendous support for the student who would be receiving their degrees and those who would be continuing their education going forward.

The university was hosting many rehearsals and performances associated with the Oregon Bach Festival that was taking place at the end of June, and there are new exhibits installed at the Jordan Schnitzer Museum of Art. The university was also hosting the Olympic Track and Field Trials, and the Association of Pacific Rim Universities, which was an association of forty universities surrounding the Pacific Rim Basin. Interim President Berdahl stated that he was a part of the initial groups of University Presidents and Chancellors who organized the first meeting in 1997 as the Chancellor of the University of California at Berkeley. The group consisted of AAU Universities on the West Coast from California, Oregon, and Washington, as well as international universities from British Columbia and around the Pacific Rim. He appreciated the work that was being done by many of his colleagues at the UO in preparation for the meeting.

Interim President Berdahl stated that the university was in the midst of a search for the Presidency. He commented that the search was progressing exceedingly well. During the search process, Interim President Berdahl provided assistance in the areas where he could be of help, and mentioned that he was very pleased with the process that he been undertaken. The leadership displayed by the members of the search committee was extraordinarily edifying, and he was convinced that the university would be pleased with the outcome of the search.

James Bean (Senior Vice President and Provost) was scheduled to return to work on July 1, 2012, and would be transitioning back during the month of June as well. In addition, he remarked that Professor Yvette Marie Alex-Assensoh (Political Science) was taking on a new role as Associate Vice President for Equity and Inclusion in early August. Interim President Berdahl commented that he anticipated the fall campus enrollment to be around twenty-five thousand students, reflecting an uptick in international and non-resident students. He believed there was work to be done in order to increase the yield rate for Oregon’s best and brightest. It was very important to him that the university kept a strong contingent student from the state of Oregon.

According to Interim President Berdahl, the next University President would face some significant challenges. He remarked that they were not unique challenges and mentioned that the level of state provided support had been declining for some period of time, with the coming year being a low point in terms of the state subsidy for the universities budget. There was also a structural challenge that awaited the new president in regards to the newly formed union. He believed that the union would have an effect on how the university thought about governance itself, and some of the functions that had typically been performed under the context of shared governance would be shifted to the union realm. He thought that this one change was going to be extremely challenging for a new President. According to Interim President Berdahl, maintaining relationships with the faculty under the new terms of the union while at the same time balancing the more established practices of shared governance was a very complicated task. He then commented that a union and its relationship to an administration, especially during the course of defining an initial contract, could be contentious and adversarial. He believed it was essential that as the university entered a new year and a new term of a new president that the focus be one of comity. Interactions must be ones of mutual respect on both sides of the table and respect for those who are not supportive of the union as well as for those who are a part of the union, and respect for the administration that will be navigating these issues with a portion of the faculty who are in the union whether they want to be or not. Interim President Berdahl commented that those were all difficult moments to get past, and he believed that it would be very important for everyone to pull together to support and make certain that the transition was handled with a degree and sense of community. He asked the Senate to go forward in that spirit, and commented that he was honored to have served with the Senate body over the past five months. When he returned to the university, he mentioned that he was not the second coming, but was merely coming back for a second time. He then stated that it had been a privilege and an honor to be back at the university and he appreciated the good and hard work being done on behalf of what he believed to be a fine university.

2.2 Questions and Comments with Response

2.3 Remarks by Robert Kyr, Senate President-elect

Senate President Kyr thanked Interim President Berdahl and stated that wished to commend him in a variety of ways and would then comment on the Senate agenda for the 2012 – 2013 academic year, which according to him, was going to be the most challenging in the history of the university. Senate President Kyr stated that 2011 – 2012 had been a year like no other at the university, one that would not be forgotten and one of redefinition for all. In order to move forward, he believed that it must be together. Unionization was one thing, but respectful dialogue and respect for each other and our differences must be remembered at all times.

He remarked that the UO began the year with an inspiring president and ended the year with an inspiring interim president. He then commemorated Interim President Berdahl on behalf of the Senate with the following words:

On behalf of the University Senate, I am writing to express our gratitude for your vision and leadership as the Interim President of the University of Oregon. We are deeply grateful for all of your work at the University, especially in regard to the agenda that you set on your arrival in January 2012: faculty recruitment and retention, the Presidential Search, the capital campaign, and independent governing boards. Thank you for offering your guidance and wisdom to us, which will enable us to better educate our students and to serve the highest interests of our institution and the state of Oregon. With gratitude and respect, University of Oregon Senate.

Senate President Kyr thanked Interim President Berdahl again and presented him with a copy of those words.

2.4 Questions and Comments with Response

Interim President Berdahl thanked Senate President Kyr for his commemoration and stated that it meant a great deal to him. He then wished the Senate good luck and excused himself from the meeting, as he had to attend a meeting with students.

Senate President Kyr remarked that the principle achievements of the year, as he saw in, involved the ratification of the new Constitution, the establishment of the Policy on Policies, the passage and signing of four policies in 2012 (Retirement and Emeriti, Research Misconduct, Classifies Research, Proprietary Research), all of which would not have been possible without the help of Interim President Berdahl and his guidance. He then mentioned that there were three other policies that were going to come before the Senate in the coming academic year. Those were the Academic Freedom and Freedom of Speech Policy, the Facilities Use Policy, and the Legal Services Policy. Senate President Kyr then provided a brief history on the three policies. He recounted how former UO President Richard Lariviere did not sign the Academic Freedom and Freedom of Speech and Facilities Use Policies and before he was able to explain his veto, he was fired by the state board. After the Policy on Policies was signed and Interim President Berdahl was hired, Senate President Kyr discussed with him the Tenth Year Review of University Standing Committees. Upon learning that Interim President Berdahl was not going to approve any changes to committees, the Tenth Year Review was postponed until the 2012 – 2013 academic year.

He commented that the agenda that he read during Interim President Berdahl’s commendation was very similar to three points on the Senate’s agenda for the coming academic year. According to Senate President Kyr, faculty recruitment and retention, the Presidential Search, which would now become working together with the new president, and the establishment of independent governing boards were all major ticket items for the Senate during the coming year.

Senate President Kyr then commented on the collective bargaining agreement. In an effort to craft a meaningful, substantial, and truly helpful agreement, the university must maintain their sense of community. He would be collaborating with the Union Coordinating Committee and hoped to begin discussions very soon in an effort to understand the processes involved. According to Senate President Kyr, the Senate was willing to help as was appropriate in the drafting of the bargaining agreement.

His next point was regarding the Tenth Year Review of University Standing Committees. He stated that he would be calling on many members of the Senate to assist him in the review of all University Standing Committees. The slate would be wiped clean and a new review document would be sent to the chairs of all university committees for new input. He apologized to all committee chairs for the increased amount of work, but in order to complete the review accurately and serve the university community, the review had to be conducted in this manner. Senate President Kyr asked all committee chairs to consult with committee members via email or at committee meetings when completing the Tenth Year Review. The Committee on Committees was charged with completing the review in collaboration with committee chairs and committee membership. He believed that this was an opportunity to strengthen the UO’s system of shared governance, and he was very much looking forward to the review.

Senate President Kyr then commented on a series of emails that were distributed to members of the Senate and Senate Executive Committee, but were supposed to be sent to the members of the IAC (Intercollegiate Athletics Committee). Rather than point fingers, Senate President Kyr discussed three important points that resulted from these improperly sent emails. Interim President Berdahl has had some dialogue with Senator Nathan Tublitz (Biology) who was chair of the IAC and with Professor Bill Harbaugh (Economics) who was chair of the Senate Transparency Committee. According to Senate President Kyr, what had emerged from the email chain was a system of very healthy questioning that, in his opinion, was going to help the university move forward on three important points. The first point was regarding conflicts of interest as it related to committee service and Senate service. The second point was regarding correct mode of communication in reference to personal attacks. Several email exchanges had been rather heated and had gone over the line to such a point that personal animosity had arisen from the exchanges. Senate President Kyr stated that this was not acceptable, and remarked that these types of exchanges hindered the university into becoming the kind of community that everyone was striving toward. His third point involved leadership. Senate President Kyr stated that in one of his email responses, Interim President Berdahl questioned the nature of the Senate leadership in a productive way. This was very helpful to Senate President Kyr, and he viewed this questioning as an opportunity to move forward through constructive dialogue. He then mentioned the cultivation of university leadership and reported that this year the university largest number of responses for a Senate Election. The ballot was filled and there was more than the required amount of candidates for each of the categories. Leadership must be developed further throughout the university community across all age groups and academic generations. He then offered his solution to achieve these three goals. Senate President Kyr planned on convening a group of Past Senate Presidents, which he called the President’s Council, with the Committee on Committees. Within that combined body, the three points would be discussed and the groups would then report back to the Senate with recommendations. He then welcomed all members of the Senate to participate in the process, as there would be many opportunities in the future.

Finally, he made a plea for service to all in attendance in order to fulfill the six Cs. The six Cs were communication, community building, connectivity (between communities), creativity, cooperation, and commitment. He then thanked the Senate for re-electing him as Senate President and mentioned that the last year was one of the hardest of his entire life. With the Senate’s confidence and trust he felt confident that the university would move forward together as one community. He then moved on to the New Business portion of the meeting and invited Professor Paul Engelking to present the Spring Curriculum Report.

3. NEW BUSINESS

3.1 Spring Curriculum Report; Paul Engelking, Chair; Committee on Courses

Professor Paul Engelking (Chemistry) commented that all Senate members had seen the preliminary curriculum report for the Spring Term 2012. He offered several corrections to the preliminary report, which can be found on the Senate website at the following location: http://senate.uoregon.edu/content/2011-2012-reports. After presenting the amendments to the preliminary curriculum report, Professor Paul Engelking asked if there were any further corrections or amendments from the Senate floor. Seeing none, he recommended that the 2012 Spring Curriculum Report by approved as amended. Senate President Kyr called for a voice vote to approve the report. A voice vote was taken, and the 2012 Spring Curriculum Report was approved unanimously. Senate President Kyr thanked Professor Engelking and the members of the Committee on Courses for their tireless work on the curriculum report process.

3.2 UO Senate Leadership and Service Award for Officers of Administration, Presented to Rachele Raia, Assistant Dean, CAS

Senate President Kyr called Senator Sonja Runberg (Academic Affairs) to the Senate floor to present the UO Senate Leadership and Service Award for Officers of Administration to this year’s recipient, Rachele Raia (Assistant Dean, CAS). Senator Runberg greeted the Senate body and informed them that she was representing Officers of Administration. She stated that she was honored to present the 2012 OA Award to Rachele Raia. The award, which was created in 2011 recognized an outstanding Officer of Administration for his or her exemplary service over a period of years to the university through participation in committees, advisory bodies, or elected positions, and for inspired leadership and commitment to the principles of shared governance, participatory decision making, and fostering a campus climate of inclusiveness, respect, and professional excellence. According to Senator Runberg, the UO Senators representing Officers of Administration, and the Officers of Administration Council (OAC) served as the award committee and reviewed the nominations. After a recipient was selected, the information was forwarded to Senate President Kyr. She then invited Rachele Raia, the 2012 UO Senate Leadership and Service Award recipient to accept her award.

Senator Runberg stated that Mrs. Raia had been at the University of Oregon for over twenty years and had served in a wide variety of capacities including as a member of the OAC, the Faculty Advisory Committee (FAC), and other advisory positions. She had demonstrated an enduring commitment to the university through her service and by encouraging all campus members to participate in shared governance. Through this award, the Senate and the university community wished to thank her for her service. Senator Runberg then shared several comments from those who nominated Rachele Raia for the award. The first comment was from Scott Coltrane (Dean, CAS). He noted that in his three years of working with Rachele, he had witnessed her profound contributions to the welfare of the institution. He stated that it was safe to assume that the influence of her contributions to the UO would last well beyond her tenure on the job. Wendy Larson (Vice Provost for Portland Programs) added that Rachele had a deep understanding of the university and its multi-layered deeply faceted structure. She also comprehended the illusive culture of the academic community including faculty governance and the importance of democracy and wide participation in decision-making. Professor Daniel Pope (History) stated that he was surprised to learn that Rachele had not already received the award, but her impending retirement marked an opportunity to honor her remarkable contributions to the University of Oregon community. In closing, Senator Runberg remarked that it was a well-deserved award and was given in recognition of her tireless work. Her friends, peers, and colleagues wished to sincerely and most humbly say thank you.

Below is Rachele Raia’s acceptance speech:

I would first like to thank the Senate for creating awards to honor the service of both Officers of Administration and Classified Staff.

These awards recognize the collaborative efforts of faculty and staff in making our university an inclusive and quality driven community of learning.

I’m very fortunate because each of the three Deans I worked with in CAS believed it’s important for all University employees to serve our community. I would like to thank them for their support and ongoing encouragement.

I would also like to thank my colleagues who nominated me for this award. With our busy schedules, the extra work of writing a nomination letter can easily be put aside until the deadline has passed, but you valued my efforts and made the time to nominate me. Thank you.

I'm deeply honored to receive this award. It is recognition of the many hours spent on the Faculty Advisory Committee, the Officers of Administration Council and other innumerable committees.

Frankly, serving on a committee is time consuming and sometimes frustrating. I can remember one committee, which met 2 hours per week for two years. Somehow my husband tuned in to the schedule and on every Monday evening I was greeted at the door with a glass of wine.

But committee service can also be enlightening - it broadens our perspective of the institution, helps us develop contacts beyond our regular circle and offers the opportunity to make things better. We can't do that alone, and so my final thank you is to everyone who served with me on all of those committees, this award honors all of our service.

Senate President Kyr moved on to the next award, the UO Senate Classified Staff Leadership Award, and invited Classified Staff Senators Carla McNelly (Office of Multicultural Academic Success) and Theodora Ko Thompson (Admissions) to the present the award to Senator L. Jane Brubaker (Campus Operations).

3.3 UO Senate Classified Staff Leadership Award. Presented to L. Jane Brubaker, Trades/Maintenance Coordinator, Campus Operations

Senator Ko Thompson informed the Senate that in 2009 the three Senate representatives from Classified Staff identified three issues/areas that were based on the values found in the mission statement of the university. Those areas were personal and professional development, a respectful work environment, and diversity. She commented that it was bittersweet for her because both Senator Carla McNelly and Senator Jane Brubaker’s terms were expiring on the Senate, but she welcomed the two new Senate representatives from Classified Staff.

Senator Carla McNelly stated that it had been great working with her over the last few years on the Senate. Senator Brubaker had been working for the UO for the past fifteen years and Senator McNelly was certain that everyone had enjoyed her work and the work of her department on the grounds of the university. According to Senator McNelly, Senator Brubaker was currently serving on the Senate Ad Hoc Committee for Respectful Workplace, and was one of three original university Senators from Classified Staff who began the taskforce last summer. Senator McNelly also stated that Senator Brubaker served as the director of the Campus Operations Diversity Committee whose mission was to oversee the implementation of the campus operations diversity plan. Senator Brubaker provided leadership and support to the facilities management team and monitored the progress toward achieving the goals of the diversity plan. She was constantly looking for guest speakers to engage with the diversity committee and she embraced and respected the differences in all. Senator McNelly stated that today Senator Brubaker was being honored for her peaceful, collaborative, humble, and consistent leadership in the areas of professional development, respectful workplace, and diversity on campus.

After receiving her award, Senator Brubaker thanked both Senator McNelly and Senator Ko Thompson and stated that she was very honored to have served the last two years on the Senate with those two lovely ladies whom she had learned a great deal from and had been inspired by. Below is Senator Brubaker’s acceptance speech.

Thank you- Carla and Theodora, President Berdahl, Senate President Kyr, Members of the Senate and other guests here today,

I am immensely honored and humbled to accept this award. It has been my privilege to serve the past 2 years as a Senator representing Classified Staff. There are many Classified folks across campus who are deserving of this award –I know many personally and it would take a LONG time to go through the list. So this is for all of you too!

Today, I would like to say a few words about healthy soil. Why, you ask, does this have anything to do with the University of Oregon and leadership? Well- I believe that maintaining a healthy University has much in common with maintaining healthy soils.

Why care about soil? It sustains all plant life, which we depend on and so do many other species. It cleans water and filters pollutants. It sequesters carbon, possibly more than what is stored in large trees. It supports structures.

Soil gets no respect-look at the expressions we use: in politics, there is “mud- slinging’, someone’s reputation may get “soiled”, when there is slanderous journalism, it’s called “dirt”.

We need to have greater respect for our soils. When we build new buildings and landscapes, we need to protect our soil; there seems to be an attitude that the soil can be easily replaced, we haul it off by the truckload and bring in a lighter sterile soil that has no life or texture. Often we have large amounts of construction rubble and junk left at the bottom of planting spaces and then we stick in a few huge trees and wander why they die in 2 years. And we want to avoid soil compaction-it is very easy to destroy soil, it can happen in a few hours, and may take many years to build back up. It can take 15 years in a wet climate to make only about a half inch of soil. It’s even slower in a dry climate! Sometimes unknowingly and with good intentions, we disrupt the delicate balance, the connections between organisms when we think we are doing the right thing. We have a collective memory and a richness in our shared experience and in the wisdom of our elders, that we sometimes do not draw on very well.

Secondly, the biology of our soils is made up of many many organisms-each has a very important role. Over the past years, I have been a disciple of Dr Elaine Ingham’s work at OSU which details and explains what she calls the “Soil Foodweb” There are amazing relationships below the surface, mysterious and mostly invisible to the naked eye. Millions of tiny bacteria break down organic material and release nutrients. Tree roots are dependent on tiny strands of mychorrhizal fungi to make intimate bonds with them and to draw in water and nutrients from the soil. And-even though we only see the larger earthworms and insects, there are millions of tiny fungi, bacteria and other organisms present- without them the larger members of the food chain would never be there. We need to nurture and enrich ALL organisms, find ways to honor and celebrate the invisible and hard -working individuals on our campus, or we never will be able to grow large trees and beautiful rhododendrons. And isn’t that what Oregon is known for?

We do funny things in the horticultural world-one can purchase mychorrhizal fungi in tiny packets to sprinkle around a new tree’s root zone when we plant; there is limited research to show that this does any good, but it can’t hurt and it makes us feel good. We don’t know if those fungi will stick around or even if they will be compatible with the soil chemistry and the plants that are already present. It is very easy to promote and invite diversity, much harder to maintain it over time.

Thirdly, we need to occasionally aerate the soil and add new organic material, bring new life, fresh ideas. Soils get stale, and sometimes develop a hard shell from the rain and sun pounding on the surface. This can be hard work and can also be painful, but it pays off. Sometimes on our campus we need to break through the hard shells, forget “the way we have always done things”, and stir things up a little.

Lastly, we need to test the soil periodically, and preferably before the plants show stress and the whole system falls apart. This may involve a simple pH test or sending samples off to laboratories for more extensive tests. But sometimes the easiest way to test the soil is to take a shovel and dig down into the soil, to feel it in your fingers and even smell it. Good soil smells good; if it smells like a sewer, there is something wrong. There is no drainage, no air space and no oxygen, anaerobic bacteria are thriving. This is not a good environment for growth, at least not for the things we want to grow.

In conclusion-You can read into this whatever you like.. if you are just thinking about soil, well, that’s a good thing. But I hope you will take this further and be inspired by the metaphor.

Dr. Ingham says that soil health is not an end in itself; that soil needs to be evaluated by how it protects and improves its functions as habitat, sustaining agriculture, maintaining water quality...just as a University’s health should be evaluated by how it serves its students, faculty and staff, and the greater community.

I hope you will think about what we can do as individuals and collectively as a group, to feed and sustain a healthy University “foodweb”.

Thank you.

Senate President Kyr introduced the final Senate Award, the Wayne Westling Award, which was presented to Professor Andrew Marcus (Associate Dean, Social Sciences, CAS).

3.4 Wayne Westling Award. Presented to Andrew Marcus, Associate Dean of Social Science, CAS

Senate President Kyr presented the Wayne Westling Award to Andrew Marcus (Associate Dean of Social Science, CAS) and commented that the Senate was honoring him for his exceptional leadership and service to the university and to the entire community. He then read Professor Alexander Murphy’s (Geography) letter of nomination, which is below:

I am writing this letter to nominate my colleague W. Andrew Marcus for the 2012 Wayne T. Westling Award. Andrew’s record of service at the University of Oregon makes him an ideal candidate for the Westling Award. He has been an exceptionally dedicated and capable department and campus leader since shortly after he came to the University of Oregon more than ten years ago.

Through inspired leadership, he has made a signal contribution to the working and social climate of our campus. When Andrew came to the University of Oregon, I remember him telling me that one of the things that drew him to the UO was the strong tradition of faculty governance. I was not surprised when he showed a willingness, shortly after his arrival, to take on university as well as departmental service responsibilities. Most notably, he became involved in the University Senate within a few years of his arrival on campus and was elected to the presidency of that body in 2004 – 2005. He also served in that capacity in the spring of 2007 to fill-in for a Senate President who was unable to complete his term.

In or related to his Senate Presidencies, Andrew has served on the Senate Budget Committee, the Enrollment Management Committee, and other committees. In addition, he has served on the UO Faculty Advisory Council (FAC) from 2005 – 2007 and on the Provost’s Academic Excellence Committee. Just as Andrew’s most intense period of University Service was beginning to wind down, he stepped in to head the Department of Geography in 2008. He was an able good-humored chair of the department for three years. During his stint as department head, he also served on the CAS Dean’s Council and became involved in a variety of campus committees including the tuition and fees advisory committee from 2010 to the present, and the Faculty Policy Review Committee from 2011 to the present. His tenure as head of the Department of Geography was so successful that Dean Scott Coltrane (Dean CAS) encouraged him to apply for the position of Associate Dean of the College of Arts and Sciences (CAS) in spring of 2011. Andrew was selected for that position and began his work in the Dean’s Office this past fall. My sense is that his tenure as Associate Dean is off to an excellent start.

As someone who has had the privilege of knowing Wayne Westling, I can say with great confidence that Andrew Marcus is the kind of person we should be honoring with an award named in Wayne’s honor. Andrew has been an exceptional contributor to the university community over the last decade both through what he has done and because of how he has done it. He has made these contributions while continuing to function at a high level as a scholar and educator. I think he would be an outstanding choice for the 2012 Wayne T. Westling Award.

Senate President Kyr then presented the 2012 Wayne Westling Award to Associate Dean Andrew Marcus. He thanked him for his service, and remarked that he was a model of service and leadership for everyone at the university.

Associate Dean Marcus stated that it was an honor to receive the award. He was completely shocked and surprised upon receiving his notification email from Senate President Kyr. It was all the more meaningful to him in this particular year because of the kind of year that the university had been through. He commented that it had been a year of adjustment for him both personally and professionally due to his new responsibilities as Associate Dean. He then acknowledged Rachele Raia and commented that one of the amazing things about her was her ability to mentor others, including him. She had guided him through many sticky situations in his new position and remarked that she was a true leader in a very quiet way that he greatly appreciated and thanked her for that.

He had spoken with many people in the room during past Senate meetings and his message had remained the same. According to Associate Dean Marcus, what set the University of Oregon apart from other institutions was that the UO had a culture that was radically different from any other university he had ever been associated with. That culture was one of community. The UO was a place where people came together to work out their difference in an attempt to find ways to move forward and to create a unified vision for the university. He had learned that occasionally there are those people do not feel engaged within that community in the same ways as others for various reasons, but even those individuals are interested in stepping forward and making a difference through collaborative endeavors that are taking place in the Senate body. The UO engaged in a remarkable and, he jokingly remarked teeth grinding, annoying, and terrible, committee structure. He believed that the power of that process was one that truly brought inclusiveness in a way that he had not seen at other institutions. It was most stunningly displayed this year by the great attendance of the university community in McArthur Court to cheer on former University President Richard Lariviere, and even more profoundly at the display of silence as that group greeted Chancellor Pernsteiner. He commented that this was taken a step further by the unanimous passage of radical changes to the UO Constitution, which in his opinion and the opinion of several colleagues not affiliated with the UO who were in attendance at that meeting of the Statutory Faculty Assembly was virtually unheard of. For him, that moment was very validating.

Associate Dean Marcus asked why was the UO so different and what was the culture he was referring to. He believed it was because of service and the day-to-day functions of the university. He then referenced a meeting of the CAS Dean’s Council that had taken place just that morning where a very engaging conversation had taken place regarding the quality of education that was taking place at the university. He also mentioned that he was serving on the administration’s committee that was negotiating with the GTFF (Graduate Teaching Fellowship Federation) Committee, and he realized that sometimes a table could feel like a barrier. This made him feel concerned about the future of the university as it went forward in negotiations with the newly created faculty union. His hope, which had been echoed today by many others, was that this new opportunity could be seen as a chance to highlight a wonderful social experiment where a new way forward could be found for the future. He believed that service would make that possible.

He closed his remarks by sharing a quote from his mother with the Senate body. When he entered academia, his mother told him that she only had one request of him, which was, “for goodness sakes, don’t become a cynic.” His mother had grown up in academia and it seemed to him that academics were bred to be critical. He believed that through this process, a sense of hope and vision could become lost. He never wanted to see that happen, and believed that the biggest threat to the university was not budget deficits, enrollment increases, or unions, but was cynicism. He remarked that the University of Oregon was the place where public education could be defined for the future. As he accepted the Wayne Westling award, he asked the Senate body to consider the deep joy that could be found in contributing to a place that was so remarkable.

Senate President Kyr asked Senator Alexandra Flores-Quilty (Student Senator) to deliver the outgoing remarks by ASUO President Ben Eckstein, as he was unable to attend the Senate meeting.

3.5 Remarks by outgoing ASUO President Ben Eckstein

Ben Eckstein outgoing remarks are listed below:

Members of the University of Oregon Senate, I apologize that I am unable to attend our last meeting of the 2011 – 2012 academic year, however I thank Senator Alexandra Flores-Quilty for conveying my brief written remarks to you in person. This has been a turbulent but productive year for the university and for the ASUO. While this year has confronted us with many challenges, both expected and unforeseen, I am confident that we are ending this year stronger than we began it. In my time as a part of the University Senate, I have learned a great deal from participation in our unique system of shared governance.

Among the most important lessons I have taken away from our shared experiences this year is the power of our shared investment in the mission of our university. All of our constituencies do not always agree completely on how to respond to the challenges facing our community, but our shared values empower us to engage in meaningful dialogue that respects complexity and nuance and raises our diverse perspectives. I want to thank the University Senate on behalf of the ASUO and our constituents for your invaluable partnership in making our university a better place. While this year brought many challenges and opportunities to the ASUO and our representation, advocacy for our diverse student body of twenty-four thousand, my team and I have consistently appreciated the partnership of our fellow constituents represented in this body.

From advocating to protect student voices in our student buildings, to fighting for increased transparency in our athletic department, to pushing for strong oversight of our new campus police force, to ensuring strong student involvement in the presidential search process, it has meant so much to student to have the support of the campus community in facing some of these key issues. Without recounting the details of our agenda for this entire past year, let me thank the Senate for its support of these issues and many more. I believe that your support has been integral to the work of our association. I am incredibly proud of the work of my team this year to serve and represent students. We entered office with an ambitious agenda to make our campus a better place, and I know thanks to their passion and dedication, this campus is a better place for all students.

I want to recognize the invaluable work of our many student leaders across campus in engaging and activating student to create positive change, and I want to wish the best of luck to an outstanding leader, Laura Hinman, the President-Elect of the Associated Students of the University of Oregon as she takes on her important role as a spokes-person for our student body and the Chief Executive Officer of our thirteen million dollar student government, one of the largest and most autonomous in this country. I have been fortunate to work with Laura during my several years at the ASUO, and I hope that every member of this body has the opportunity to work with Laura throughout the year as we continue our work to serve the campus community. It has been my honor to serve students this past year, and I have been humbled to have your friendship and partnership. Thank you so much to all of you and best of luck to the Senate in the next year. Thank you.

Senator Flores Quilty thanked Ben Eckstein for his dedication and service to the university as well as his commitment and relentlessness in advocating for students.

Senate President Kyr invited the incoming ASUO President Laura Hinman to present her remarks to the Senate body.

3.6 Remarks by incoming ASUO President Laura Hinman

ASUO Present Elect Laura Hinman greeted the Senate and remarked that for the past three years, she had served as a student senator on the ASUO’s Programs Finance Committee. The Programs Finance Committee supported over one hundred and eighty student programs on campus. She then remarked that, while students main priority at college was to gain an education, she argued that her experience outside of the classroom has served her just was well. She believed that these programs offer more than just something to do and are often time a safe place for many students. She was also very active in Greek life on campus and had experience working with many student leaders on campus. According to Ms. Hinman, ethical leadership should be the core value of the ASUO. In addition to growing leaders, both she and her Vice President Nick would focus on increasing student programing and programming fees, keeping the ASUO incidental fee on campus while creating a sense of community, supporting building renovation, and working closely with the Senate on issues that included local institutional governing boards. She was very proud of several moments when faculty and student had come together in the past and mentioned the trip to Portland where both faculty and students came to together in support of former University President Richard Lariviere. Ms. Hinman stated that she came from a family of educators, and mentioned that her administration would provide the Senate with dedicated, knowledgeable, and willing students to serve on the various standing committee of the Senate. She also mentioned that she had an open door policy and if any member of the Senate was interested in hearing the student opinion, to please contact her. Ms. Hinman thanked the Senate for their time.

Senate President Kyr thanked Ms. Hinman for presenting her remarks and stated that the Senate looked forward to working with her in the upcoming academic year.

3.7 Announcement of Spring Election Results, Robert Kyr, Senate President

3.8 Introduction of New Senators; (Kyr)

Senate President Kyr read aloud the names of the newly elected University of Oregon Senators. He asked those in attendance to stand and be recognized. The newly elected Senators were: Ken Prehoda (Chemistry), Arkady Vaintrob (Mathematics), Huaxin Lin (Mathematics), Michael Dreiling (Sociology), William Harbaugh (Economics), Gina Psaki (Romance Languages), Richard Margerum (PPPM), Kassia Dellabough (PODS), Neil Bania (PPPM), Deborah Olson (Special Education), Charles Martinez (Education), Jennifer Ellis (Finance), Ali Emami (Finance), Bruce Tabb (Special Collections), David Landrum (DPS), John Ahlen (International Affairs), Many Chong (Erb Memorial Union). Senate President Kyr asked all in attendance to welcome the newly elected Senators to the Senate body and thanked them for their service.

The Senate then viewed the results of the Spring Election on the overhead as Senate President Kyr read through the names of each elected committee. The election results are listed at the following webpage:

http://senate.uoregon.edu/content/2012-uo-spring-election-results

Senate President Kyr thanked everyone for signing up for committee service and mentioned that this had been a record year for service commitments.  

3.9 Approval of Committee Appointments (Kyr)

The committee appointments from the meetings of the Committee on Committees were displayed on the overhead for the Senate body to view and again thanked everyone for their continued service to the university. He then moved on to the next point on the agenda.

3.10 Motion US11/12-14: Authorization to Award Degrees (Kyr)

Senate President Kyr read Motion US11/12-14 to the Senate body. The language of the motion can be found here:

http://senate.uoregon.edu/content/authorization-award-degrees-0

He then asked for a motion from the Senate body to approve the motion. A motion was called and seconded. A voice vote was taken and Motion US11/12-14 was approved unanimously. Senate President Kyr thanked the Senate for their action and invited Senator Emma Newman (Student Senator) to the floor to introduce her motion.

3.11 Motion US11/12-15: Coal Trains Resolution; Emma Newman, Climate Justice League

Senator Newman was unable to attend the Senate meeting and Elise Downing (student) presented the motion in her stead. Ms. Downing introduced herself to the Senate and stated that she was the Co-Director of the Climate Justice League. She then introduced Senator Andrew Lubash (Student Senator) who mentioned that he was the Senate Vice President of the ASUO. He informed the Senate the ASUO Senate had recently passed a similar resolution regarding the coal trains issue during their previous meeting. Another student named Zoey introduced herself to the Senate body and stated that she was a Coordinator within the Climate Justice League who was working on their fossil fuels campaign. According to Zoey, the Climate Justice League had been concerned with recent proposals to export coal through the Northwest via the Powder River Basin in Montana and Wyoming. Her campaign had been focusing on the transport terminal located in Coos Bay, Oregon, but so far, she had not been able to receive detailed information on the project. As a response to the proposed terminal, the Climate Justice League had been coming up with ways to unite students and community members not in opposition of coal, but in an attempt to bring the community together and ask for greater transparency regarding this issue. She was also interested in rallying the community to fight for cleaner energy that did not involve the use of fossil fuels. Her resolution stated that the community was opposed to the passage of coal train through the city of Eugene, OR. Zoey mention that there would be no job creation as a result of this train passing through the city and provided no benefit for the University of Oregon it’s students or community members. According to her, it seemed like a no win scenario and then asked for questions from the Senate body.

Senator Anthony Hornof (Computer and Information Science) thanked the students for coming before the Senate and presenting their motion. He stated that certainly there must be tradeoffs and remarked that if the trains did not pass through Eugene, they would have to go somewhere else and if no new jobs were being provided, it to him like a good thing for the state of Oregon to have a place to export coal. He agreed with the resolution on the surface, but he believed that there were larger issues at stake and asked the students to comment on his remarks. Ms. Downing replied that students were working with the city coalition as well as other organizations throughout the region on this issue, and she commented that the group was not saying no to coal for Oregon. As a region, their message was that the coal should stay in the ground. They were interested in finding an alternative to non-sustainable resources of energy. Zoey mentioned that the Climate Justice League had considered what Senator Hornof had proposed and they had been working with the Eugene Sustainable Commission who had raised similar concerns. She believed that there existed a disconnect between taking care of peoples concerns and the environment as coals reserves would eventually run out. She then asked for other questions.

Senator Pedro Gracia-Caro (Romance Languages) commended the students for their proposal and celebrated the fact that they were thinking about their future and renewable energy.

Senate President Kyr called for further discussion on the resolution. Seeing none, he asked for a motion from the Senate body to approve the resolution. Senator Lubash moved that the motion be approved as written. The motion was seconded and a voice vote was taken. Motion US11/12-15 was approved with one nay and one abstention. He thanked the Senate for their action, and asked Senator Peter Keyes (Architecture) to provide an update on unionization.

3.12 Update on Unionization; Peter Keyes, Member of the University of Oregon Faculty Union Coordinating Committee

Senator Keyes commented that there was not much to report, but as he was listening to the comments from earlier in the meeting regarding community and the upcoming academic year, he thought that the comments on comity and service were a good lead in to handling the issues regarding the union. He remarked that the union was being organized by colleagues from the university, not by outsiders, and included members of the Senate and past Senate Presidents, former deans, and associate deans. Senator Keyes stated that discussions of substance were happening and this encouraged him. As he mentioned at the last Senate meeting, the Coordinating Committee was meeting with various departments on campus in an effort to help people understand where they stood in the process. Working groups were being formed and a tentative list of the issues that the groups were going to be looking at included salaries, benefits, pensions, family and equity issues, contacts, working conditions, and grievance issues. Another group was being formed to draw up a Constitution and By-laws for the union. This work would be taking place during the summer. Senator Keyes stated that the Coordinating Committee was looking for people to join these working groups and they were interested in broad representation. He found it interesting hearing about the concerns of others on the Coordinating Committee, concerns that he did not know anything about on campus. He believed that by getting involved in the union these issues could be resolved. Senator Keyes then asked for questions from the Senate body.

Professor Frank Stahl (Biology Emeritus) stated that Senator Keyes mentioned the term policy recommendations and wanted to know if he was referring to policies relating to the operation of the university. Senator Keyes replied that he was not. The type of policy he was referring to applied to the potential union bargaining agreement. Professor Stahl asked if Senator Keyes envisioned that these policies would be of significant academic relevance to the operation of the university, to which Senator Keyes replied that some of them probably would be. Professor Stahl then asked if those policies would come before the Senate as policies were expected to do before approval by the President. Senator Keyes replied that that was an interesting question. He had been pushing for the development of a working group on governance issues, but so far had not been successful. He believed that the reason for this lack of success was that people did not want the union to seem like it was usurping the prerogatives of the Senate. To this point he believed that there should be great coordination between the union and the Senate to see how both bodies could work together with the system of shared governance.

Senate President Kyr agreed with Senator Keyes and remarked that he was committed to this collaboration going forward. Senator Keyes asked for any further questions.

Ken Doxsee (Associate Vice Provost, Academic Affairs) asked who were the members of the Union Coordinating Committee, to which Senator Keyes replied that the membership of the Coordinating Committee was posted on the union website. He also commented that not everyone who was on the committee was listed on the website as some people wished to remain anonymous, but the majority of members were listed. Senate President Kyr asked for the URL of the union website, to which Senator Keyes replied that it was uauoregon.org.

Senator Jennifer Ellis (Finance) asked Senator Keyes how to join a working group, to which he replied that she could talk to him and also mentioned that soon the heads of each working group would be posted to the union website. After determining which working group she was interested in, she could contact the head of that group directly. Senator Ellis stated that she would appreciate having that information online as soon as possible. Senate President Kyr also recommended having a link on the Senate website for those who had questions regarding the union.

Senate President Kyr asked Senator Keyes if he knew of any additional information regarding bargaining contracts, to which Senator Keyes replied that the Coordinating Committee was working on a draft, which would be ready in the fall term. The fall term was the earliest time that the union would consider entering into negotiations. Senate President Kyr asked if the draft would be developed during the summer, to which Senator Keyes replied that the union would be developing the draft during the summer and early fall. A membership drive was scheduled to take place during the fall term. After the membership drive, negotiations with the administration would begin. Senate President Kyr then asked if the membership had been confirmed or ratified, to which Senator Keyes replied that the union’s existence had been certified, but there was currently no actual membership. Those who had signed cards needed to sign an additional piece of paper to join the union. Senate President Kyr asked when would that happen, to which Senator Keyes replied that he thought it could happen at any time. Senate President Kyr then asked if the collective bargaining agreement had been certified, to which Senator Keyes replied that it had and that there were names to check against if someone wished to join the union. Senate President Kyr asked for any further questions.

Professor Gina Psaki (Romance Languages) asked Senator Keyes to mention the survey that explained how the Coordinating Committee got information from members of the collective bargaining unit in an attempt to form the membership. Senator Keyes remarked that the Coordinating Committee would be sending out an online survey via email soliciting people for information regarding the issues that they felt were important for the union to address. Seeing no further questions, Senate President Kyr asked those in attendance who were not Senators to please vacate the room as the Senate was about to convene in Executive Session for the discussion of the Distinguished Service Award.

3.13 Distinguished Service Award; [Executive Session] David Hubin; Chair, DSA/Honorary Degree Committee

The Senate convened in Executive Session for the discussion of the Distinguished Service Award.

4. OPEN DISCUSSION

5. REPORTS

6. ANNOUNCEMENTS AND COMMUNICATIONS FROM THE FLOOR

Senate President Kyr asked for any announcements or communications from the floor. Seeing none, he thanked Senators for their service and stated that he was looking forward to working with everyone next year.

7. ADJOURNMENT

With no further business, Senate President Kyr called the May 23, 2012 meeting of the University Senate to a close at 5:06PM.

Minutes of the UO Senate Meeting for May 9, 2012

Minutes of the UO Senate Meeting 9 May 2012

Prepared and submitted by Christopher S. Prosser, Senate Executive Coordinator.

Present: Roger Adkins, John Bonine, Jane Brubaker, Ben Eckstein, Robert Elliot, Jennifer Ellis, Karen Estlund, Alexandra Flores-Quilty, Pedro Garcia-Caro, Harinder Kaur-Khalsa, Peter Keyes, Robert Kyr, Peter Lambert, Huaxin Lin, Peng Lu, Andrew Lubash, Harlan Mechling, Debra Merskin, Ronald Mitchell, Emma Newman, Marilyn Nippold, Amy Nuetzman, Steven Pologe, Roxann Prazniak, David Riley, Sonja Runberg, Christopher Sinclair, Randy Sullivan, Ying Tan, Vadim Vologodski, Glen Waddell, Dean Walton

Absent: John Foster, Mark Gillem, Roland Good, Sangita Gopal, Anthony Hornof, Colin Ives, Ryan Kellems, Ian McNeely, Jeffrey Measelle, Nina Nolen, Donna Shaw, Peter Walker

Excused: Tracy Bars, Nancy Bray, Ali Emami, Deborah Healey, Theodora Ko Thompson, Kelley Leon Howarth, Carla McNelly, Gordon Sayre, Nathan Tublitz

1. CALL TO ORDER

Senate President Robert Kyr (Music and Dance) called the meeting of the University Senate for May 9, 2012 to order at 3:07PM in room 101 of the Knight Library.

1.1 Approval of the Minutes of the April 11 Meeting

Senate President asked if there were any corrections to the April 11 meeting minutes. Seeing none, he called for a voice vote to approve the April 11 meeting minutes. The minutes were approved unanimously. He then asked Interim President Berdahl to present on the state of the university.

2. STATE OF THE UNIVERSITY

2.1 Remarks by Interim President Robert Berdahl

Interim President Berdahl stated that it was nice to be back in front of the Senate and to see everyone again. For him, the last four months had been very remarkable and unusual. He noted that the university had garnered a number of awards and achievements during this period because of the excellence of the faculty. He asked the Senate to consider that biologist Eric Selker was recently elected to the National Academy of Sciences, one of the highest honors given to any scientist in the United States. Kathy Cashman, a professor of geology, had been elected to the American Academy of Arts and Sciences. This award recognized some of the most accomplished scholars, scientist, artists, and national leaders in many categories. Kathy was recognized for her research in Volcanology and was selected with a class that included the likes of Hilary Rodham Clinton, Clint Eastwood, and Paul McCartney. Neuroscientist Cris Niell was named a Searle Scholar, one of fifteen researchers nation-wide to receive such an award, which came with a three hundred thousand dollar grant in support of his work.

He then remarked that the University’s students had been honored as well. Undergraduates Amy Atwater, Opher Kornfield, and Brianna McHorse were named Goldwater Scholars for the 2012 – 2013 academic year, winning the nations premiere undergraduate scholarship award for the natural sciences, mathematics, and engineering, and keeping the university on pace with other universities nation-wide including Harvard, Princeton, Stanford, Michigan, University of California Berkeley, each of which had only two students recognized with this distinction. Undergraduate Savonne Miller was one of only one hundred undergraduate students from around the United States to receive the Ernest F. Hollings Scholarship for the 2012 – 2013 academic year, offered through the national oceanographic and atmospheric administration. The UO tied with UCLA for the largest number of Gillman Scholarships West of the Mississippi, and three of the UO’s seven scholarships went to students in the Pathway Oregon Program. This program directly provides access to Oregonians who were not able to afford college, but were given the opportunity because of the Pathway Program. He then remarked that the UO’s students were receiving an excellent education from professors, teachers, and advisors. The freshman retention rate was at an all time high of eighty-six percent, and the university would be graduating thirty-two hundred graduates reflecting the strongest four-year graduation rate in the history of the university. He then stated that the incoming students had a remarkable academic profile and could compete with any student across the country. Hayley Pratt-Stibich, who would be joining the student body in the fall, had been a member of the SAIL (Summer Academy to Inspire Learning) Program. She had recently received the Bill and Melinda Gates Scholarship and chose to attend the University of Oregon. Interim President Berdahl stated that this was a tribute to the quality of education provided by the SAIL Program.  He then stated that life was pretty good at the University and that there was a great deal to be proud of and pleased about.

Interim President Berdahl then gave a brief update on the Presidential Search. He believed that it was proceeding well and that the committee was right where they were expected to be at this point in the process. If things continued to progress smoothly, he believed that there would be an opportunity for the state board to appoint a new University President in June. He then commented that there were several very fine candidates on the list, and he was very pleased at how well the search was proceeding. Before closing his remarks, he briefly commented on the forthcoming negotiation challenges as a result of faculty unionization. He thought that the university was committed to moving forward to complete the negotiations as quickly as possible. The university was committed to being fair and to a process of negotiation that would result in an outcome beneficial to all. He then stated that most of his efforts during the past several weeks were related to governance issues at the university. He remarked that the establishment of an institutional board was the most important goal for the university to achieve in the near future. He then asked for questions from the audience.

2.2 Questions and Comments with Response

The first comment was from Professor Frank Stahl (Biology Emeritus). He stated that in his comments regarding governance, Professor Stahl thought that Interim President Berdahl might have mentioned how lower level administrators occasionally garble interactions between faculty and the President. Interim President Berdahl replied that he had not thought of commenting on that in those terms and did not know what he was referring to.  Interim President Berdahl stated that faculty was quite free to criticize administrations, but he was interested in establishing a system of shared governance with as few bumps as possible between the faculty and administration. He hoped that the two groups could agree to disagree in a civil fashion. Professor Stahl stated that the UO Constitution was designed to provide that type of platform. Interim President Berdahl asked for further questions and seeing none, thanked the Senate for their time.

Senate President Kyr thanked Interim President Berdahl for presenting on the state of the University, and asked all Senators to please sign the attendance sheet as voting was about to commence. He then asked Senator John Bonine (Law), chair of the Senate Nominating Committee, to announce the slate of candidates for the Senate President Election.

3. NEW BUSINESS

3.1 Election of Senate President 2012 – 2013; John Bonine, Chair; Senate Nominating Committee

Senator Bonine jokingly stated that the Senate Presidential Election was about to compete with the Greek government for short term governing. He stated that the Senate would elect someone who will become president next year by action, but the Senate would not be electing the Senate President, they would be electing the Senate President Elect who would serve a two-week term and become Senate President for the 2012 – 2013 academic year. This procedure was taking place because the Senate had not had a President Elect (Vice President) for the past 2011 – 2012 academic year. He stated that the Senate Nominating Committee received one nomination for the position of Senate President, which was Robert Kyr. He then opened the floor to any other potential candidates to come forward. Seeing none, he called for a motion to close nominations for the position of Senate President. The motion was called and seconded. He then asked for any discussion from the Senate body, and seeing none, called for a hand vote to close the nominations for Senate President. The vote was taken and the motion to close nominations passed unanimously. The Senate then voted on the position of Senate President. Senator Bonine called for a hand vote for all those in favor of electing Robert Kyr to the position of Senate President Elect. With a count of twenty-seven hand votes, Robert Kyr was successfully elected to the position of Senate President Elect and will serve a second term as the University of Oregon’s Senate President for the 2012 – 2013 academic year. Senator Bonine congratulated Senate President Kyr on being elected.

Senate President Kyr thanked Senator Bonine and stated that he was really looking forward to working with the Senate in the upcoming academic year. He thanked the Senate for placing their confidence in him and he promised to represent them to the best of his abilities. He then moved on to the next point on the agenda.

3.2 Two Research Policies for Consideration and Vote; Beth Stormshak, Associate VP for Research

Senate President Kyr explained that the policy creator, Beth Stormshak (Associate VP for Research) has asked to present both policies to the Senate followed by a period of discussion before moving to a vote on the motions. He then called Ms. Stormshak to the podium.

Beth Stormshak stated that the last time she visited the Senate was to discuss the Classified Research Policy. During her visit, there were several concerns brought up from members of the faculty especially concerning matters of proprietary research, or research sponsored by industry, which was not mentioned in the previous version of the policy. In response to those concerns, her department developed the Proprietary Research Policy, which stated that research sponsored by industry should also be freely disseminated, open, and published. Senate President Kyr called for a period of discussion on either the Classified or Proprietary Research Policies. Before the first question, he reminded all Senators to please speak into the microphone before posing a question or comment. Questions and comments were not recorded on the video if people did not speak into the microphone.

3.2.1 Classified Research Policy

3.2.2 Proprietary Research Policy

The first question was from Professor Frank Stahl (Biology Emeritus). He commented that at Ms. Stormshak’s previous meeting with the Senate, the proposal regarding federally classified research was laid aside pending a resolution to the unaddressed issues raised by the possibility of proprietary research. In 1965, a policy prohibiting all secret research on campus was established, and now the Senate had before it a proposal that prohibited proprietary research, research published at the discretion of the funding agency. He then mentioned a paragraph in the Proprietary Research Policy that he wished to change. This paragraph was found under the Exclusions and Special Situations portion of the document and stated, “the policy prohibiting research with restrictions on publication does not apply to testing services provided by university personnel under authorized university service agreements.” He stated that this was not perfectly clear to him. According to Professor Stahl, no further explanation of the testing services was provided in the policy proposal leaving the door open to an interpretation of un-publishable contracted research of any kind, and because un-publishable research raised far reaching questions regarding the academic mission of the university, the proposal needed careful consideration. He continued to comment that unsung questions included what was the value of any research that could not be published, and why should the UO want to participate in such research, etc… A second point he raised was that if the UO was to allow un-publishable research to be carried out and funded by industries, how would the university continue to prohibit federally classified research where the reason for doing so had been that such research was un-publishable. If it was allowed by privately funded industry and refused by federally funded industry, the university would appear rather unpatriotic.  He then remarked that these and other questions required a level of attention that was not provided in the proposed policy. Other universities participated in such “fee for service” research and had specified the conditions under which research was to be conducted. Because of the complexity of the issue, Professor Stahl moved that the section in the Proprietary Research Policy called “Exclusions and Special Situations” be deleted in the proposed policy and that the Senate create an Ad Hoc Committee to develop a policy for the conduct of “testing services provided by university personnel under authorized university service agreements.”

Professor Stahl continued and commented that since Ms. Stormshak had asked that both policies be linked as one unit, he offered a brief comment on the Classified Research Policy. According to Professor Stahl, the Classified Policy Propsal stated that if all or any portion of ongoing research contained a federal security classification, the research would be terminated, if possible, within a reasonable amount of time. He asked that the words “if possible” be removed from the policy, and stated that he would introduce these as separate amendments when the time was right.

Senate President Kyr asked Ms. Stormshak if she would like to reply to Professor Stahl’s comments. She asked Senate President Kyr if it would be helpful to hear more about what service contracts were, to which he replied that it would. She then invited Chuck Williams (Executive Director, Technology Transfer) to provide more detail on service contracts. Mr. Williams stated that he actually worked with service agreements, not service contracts, which were performed across campus by many different groups for the past several decades. He stated that the testing service agreement could be found online. It provided testing instrumentation on analysis and collecting data before it was sent out to companies, foundations, and other institutions. Testing services did not only involve industry, but also organizations, states, counties, other schools, etc… He then stated that many testing services had proprietary information for a variety of reasons and were fairly straightforward and had been in place for quite a while. According to Mr. Williams, the reason why the testing services comment was placed in the exclusion section of the policy was to be transparent about the types of arrangements that exist regarding testing services. He stated that the testing services were a fundamental part of what he called extension service activities.

Senate President Kyr asked Mr. Williams if he saw a conflict between the current practices regarding testing centers and what Professor Stahl was proposing. Mr. Williams replied that he thought Professor Stahl’s proposal was covered in the current language of the policy and mentioned that the members of the Science Council also felt comfortable with the proposed language. At this point, Senate President Kyr reminded the Senate that according to the Policy on Policies, before a policy comes to the Senate it goes through many layers of approval and the Science Council had approved the two research policies prior to it coming before the Senate. He then asked Professor Stahl if he had any further comments. Professor Stahl stated that perhaps the kind of proprietary research that was being done under the name of testing services would be found completely acceptable to the UO Senate and faculty and changes in current practices may not be warranted, but, according to Professor Stahl, the current language of the policy provided no indication of what testing services might become. He believed that another proposal should be developed to identify how fee for service research was to unfold and also one that defined research that could become unacceptable which was not specified in the current policy. He then proposed that for expediency, the Senate should pass both policy proposals with the exclusion deleted and have a Senate Ad Hoc Committee develop a policy on “fee for service” research and its proprietary implications as many other universities had done.

Senate President Kyr briefly summarized Professor Stahl’s comments and asked Interim President Berdahl if he had any further comments to add, to which he replied he did not. Mr. Williams stated that with respect to the Classified Research Policy, there were occasions when students got caught in the crossfire or a mistake had been made and did the university want to have the flexibility to be able to insure that that student could finish his or her research due to a wording technicality. He thought that that might have been the reason for the current wording. Professor Stahl replied that if the words “if possible” were left out, the text read, “The research will be terminated within a reasonable amount of time.” He thought that “within a reasonable amount of time” was sufficient.

Senator Bonine (Law) asked that if Professor Stahl’s proposal to remove the words “if possible” from the Classified Research Policy was accepted by the administration. If so, there should not be a need for any further discussion on the issue. Senate President Kyr then asked Interim President Berdahl if he would accept Professor Stahl’s amendment, to which Interim President Berdahl replied that Professor Stahl had a very valid point and he would accept the amendment. Professor Stahl then called for a motion to remove the wording “if possible” from the Classified Research Policy Proposal, which was seconded by Senator Bonine. Senate President Kyr called for a voice vote. A voice vote was taken and the amendment to the Classified Research Policy was passed unanimously.

Professor Stahl then called to amend the Proprietary Research Policy Proposal by removing the section titled “Exclusions and Special Situations,” and that the Senate create an Ad Hoc Committee to develop a policy proposal for the conduct of testing services provided by university personnel under authorized university service agreements. The motion was seconded, and Senate President Kyr called for discussion on the amendment.

Senator Randy Sullivan (Chemistry) stated that he thought it was reasonable to have a definition of all terms in the policy that was before the Senate. He stated that terms within a well-crafted policy needed definitions and saw a potential problem with the policy in that it did not have definitions. Senator Sullivan requested that the motion be tabled until this was resolved, and mentioned that policies that come before the Senate must be well crafted. Senate President Kyr reminded the Senate and Senator Sullivan that these two policies had gone through every layer of review and while every comment was welcome, he hoped that a way forward could be reached. Senate President Kyr then asked Senator Sullivan if he shared Professor Stahl’s concern regarding the Proprietary Research Policy Proposal, to which he replied that he shared the concern that having undefined terms in the proposal could lead to unintended consequences and that it was the Senate’s job to evolve good policy and good policy had defined terms. Senate President Kyr asked for any further comments or questions.

Senator Bonine again asked the administration if they had any qualms with Professor Stahl’s amendment to the proposal. Interim President Berdahl replied that he was uncertain how creating a committee as part of that amendment could amend a proposal. Professor Stahl replied that he proceeded in this manner because he was encouraged that the Senate needed to get these policies passed. Had it not been for that encouragement, he would have requested to have the Proprietary Research Proposal tabled until the “fee for service” issue was settled which would have also required tabling the Classified Research Proposal because it was designed to replace the 1965 legislation, which forbade all secret research. He then stated that he did not mind holding up the passage of both policies, but if the Senate wanted to push both policies through, he would split his amendment in two with the first part being the removal of the “Exclusions and Special Situations” section and the second part being the creation of an Ad Hoc Committee to develop a policy on “fee for service” research.

Senator Bonine stated that in the interest of efficiency, he seconded Professor Stahl’s split amendment and informed the Senate that in the past, when the Senate agreed that policies were not as good as they could be, they would adopt a new policy while setting up a committee to review certain parts of that policy (Facilities Use) or to amend the policy, adopt the amended policy, and then setup a committee to review it. He believed that Professor Stahl’s proposal was fine given his assertion that he would be maintaining status quo on the issue that he was proposing exclusion for. He then moved that the Senate take a vote on Professor Stahl’s two amendments and on the policy proposal. Senate President Kyr asked Interim President Berdahl if he was in agreement with Senator Bonine’s explanation of the amendment process, to which he replied that he was. Senate President Kyr then called for a voice vote on the first amendment, which was that the section “Exclusions and Special Situations” be removed from the Proprietary Research Proposal. After the voice vote was taken, Senate President Kyr called for a hand vote for historical purposes. A hand vote was taken and the results were twenty-four in favor, four opposed, and none abstained. The amendment to the Proprietary Research Proposal was passed. After consulting with Parliamentarian Paul Simonds (Anthropology Emeritus), he called for a vote to approve both research policy proposals beginning with the Classified Research Proposal, to which Professor Stahl objected.

The reason for his objection was that the Classified Research Proposal was held up because it did not deal with proprietary research, which opened the door to complications. Once the Proprietary Research Proposal had been settled, he would have no problem with taking a vote on the Classified Research Proposal. Senate President Kyr asked if there were any objections to this order. Interim President Berdahl stated that these were two separate policies that the Senate had amended as Professor Stahl saw fit. Professor Stahl then commented that he was objecting to Parliamentarians ruling of voting on the Classified Research Proposal before the Proprietary Research Proposal. Senator Bonine asked if the Senate President could change the order of the agenda as long as there were no objections. Senate President Kyr replied that this was true, but wanted everyone to be in agreement. He then asked for any further objections on voting for the Proprietary Research Proposal first. Seeing none, he called for a voice vote on the motion. The Proprietary Research Policy Proposal was passed with one vote opposed. He then called for a voice vote on the Classified Research Policy Proposal. A voice vote was taken and the policy was passed unanimously. Senate President Kyr asked Professor Stahl to articulate his final motion regarding the creation of a Senate Ad Hoc Committee. Professor Stahl called for the Senate to create an Ad Hoc Committee to develop a policy governing “fee for service” testing and research on campus and to bring the policy before the Senate upon completion.  The motion was seconded. Senate President Kyr asked for any further discussion and seeing none, he called for a voice vote. A voice vote was taken and the motion passed unanimously. Senate President Kyr thanked the Senate for their participation before moving on to the next item on the agenda.

3.3 IAC Motion Regarding Student Membership

Senate President Kyr asked Senator Glen Waddell (Economics) to present the history and summarize the background information regarding this motion.

3.3.1 History and Summary of the Motion; Glen Waddell, IAC

Senator Waddell stated that he was the current acting chair of the IAC (Intercollegiate Athletics Committee), as their chair was on sabbatical. He stated that this motion had come before Senate at the April meeting of this year. Currently, five student members serve on the IAC. The language of the motion called for the addition of one student member to the IAC membership. All five current student members were recommended by the ASUO (Associated Students of the University of Oregon). The sixth member would be the ASUO President or designee. At least one of the students would be a student athlete elected by the student advisory committee. All student members would serve one-year terms and could serve up to three consecutive terms.  Senator Waddell explained that at the April Senate meeting, it was resolved that the motion would be considered by the Committee on Committees who would then bring their recommendation before the Senate. Senator Waddell stated that meetings had taken place, one of which he participated in, and before the vote had taken place at the Committee on Committees meeting, he discussed Interim President Berdahl’s known objections to changing the IAC charge. Senate President Kyr thanked Senator Waddell for his summary on the motion and asked Interim President Berdahl to provide his response.

3.3.2 Comments from Interim President Robert Berdahl

Interim President Berdahl stated that he might very well defer to Senator Bonine’s comment that, all things being equal, he preferred to stay with the status quo. This was the position he had held from the beginning. In December, the IAC began consideration of proposals presented by the chair of the IAC, to modify their charge. At that time, Interim President Berdahl indicated that he did not want committee charges to be changed, especially substantive changes that were being proposed. In his email to the chair of the IAC, Interim President Berdahl stated that he did not believe it was appropriate for an interim president to oversee changes in the committee structure that might very well saddle a successive president with changes that were proposed during an interim period that would not be satisfactory to a permanent president. He then told Senate President Kyr that the proposed changes were not acceptable and that he would not accept changes to any Senate committees during his interim presidency.  An email exchange followed this decision regarding a change to the IAC charge and Interim President Berdahl repeated in his reply that he would not accept changes to committee charges during his interim presidency.  After this exchange, the IAC came forward with a proposed change in the composition of the committee, which was currently before the Senate.

Interim President Berdahl stated that the IAC was a very large committee containing eighteen members and five of those members were students, including the student body president. He stated that he saw no reason to add one additional member to a committee consisting of eighteen members. He believed that students were adequately represented on the IAC. He then reiterated his position that he would not approve changes to committee structures or charges during his interim presidency. He stated that this point had been indicated and confirmed from Interim President Berdahl to the IAC and despite that urging on his part, the IAC had come forward with the motion that was before the Senate. Interim President Berdahl suggested that the motion be defeated. Senate President Kyr thanked Interim President Berdahl for his comments and then presented the report from the Committee on Committees regarding the IAC motion.

3.3.3 Report from the Committee on Committees; Robert Kyr, Senate President

Senate President Kyr informed the Senate that as requested, the Committee on Committees had reviewed the question as to whether to refer motion US11/12-10, Adding the ASUO President to the IAC, back to the Senate for further discussion and a vote. The motion read as follows: The Senate moves to add the ASUO President or designee as an Ex Officio voting member of the IAC effective immediately. Following a series of three discussions, on April 24, 25, and 30, the Committee on Committees voted in favor of returning motion US11/12-10 to the Senate for further discussion and a vote. The vote tally was five in favor and three opposed with no abstention. Senate President Kyr stated that prior to Interim President Berdahls’ presentation of this report at the Senate meeting, presentations were delivered by Senator Waddell and Interim President Berdahl regarding the background and history of motion US11/12-10.

Senate President Kyr commented that he would not reiterate any of the information that they had imparted to the Senate, but he recounted several issues that were raised during discussions of the Committee on Committees regarding the future of the motion. His first issue was that the Committee on Committees did not want to act in a way that reflected badly on Interim President Berdahl, however, a majority of the committee members preferred that the ASUO President be added to the IAC for the reasons presented by the student members of the IAC. Some committee members wondered why this rather small issue was so important to the University President who had many more crucial issues to face. One committee member commented that the change in membership would only change the percentage of student representation from 29.4% to 33.3%, a 3.9% change, however, it should be noted that several committee members felt that the issue at hand was a relatively important one for the President and they strongly preferred folding it into the Tenth Year Review of University Standing Committees that will be conducted by the Committee on Committees during the 2012 – 2013 academic year, rather than pursuing the issue at this time. He stated that clearly, the Committee on Committees was divided on the matter. According to Senate President Kyr, the Committee on Committees sent motion US 11/12-10 back to the Senate for further discussion and a vote with the hope that a decision could be reached that would be helpful to the IAC now and in the future. He then called for discussion on the motion.

3.3.4 Discussion

Professor Frank Stahl (Biology Emeritus) had a question regarding the text of the motion. He found the second sentence very confusing which read “one of the six students will be the ASUO President or designee.” He stated that this statement appeared in the current charge and also appeared in the proposed language. The current charge read one of six members and should have read one of five. He then stated that if he were a voting Senator, he would not know what to vote for. Senator Waddell stated that he did not understand Professor Stahl’s confusion to which Senator Bonine commented that the first two sentences were not consistent. The confusion was cleared up and it was determined that a typo existed in the current charge which should have read five members instead of six. Professor Stahl said he understood that mix up and asked to see the current charge of the IAC for proof. At this point, Chris Prosser (Senate Executive Coordinator) pulled up the IAC charge from the Committees webpage and Senator Bonine asked Mr. Prosser to highlight the membership portion of the IAC charge. Senate President Kyr read the highlighted portion of the charge and it was determined that the current charge previously displayed was incorrect and should be replaced by the charge on the IAC committee page. He then asked if there were any further questions regarding this issue. Seeing none, he called for further discussion.

The next comment came from Professor Bill Harbaugh (Economics). He stated that he was a member of the IAC and explained that part of the intent of adding a student member was to increase student representation on the IAC. He commented that for better or worse, students cared a great deal about athletics and he believed that the IAC should have greater representation from student athletes. Currently, the IAC only had one student athlete from track and field, and he thought it would be a great idea to add a revenue sports athlete to the committee. He acknowledged that the change in the membership did not explicitly call for that, but it would increase the membership and this might increase the likelihood of adding a revenue sports student athlete to the committee. He then commented that he was in favor of passing the motion and hoped that Senators would support it.

Interim President Berdahl commented that this issue had taken very little time, and it was all time spent by the IAC, not time spent by Interim President Berdahl. In his first week on the job, he stated that he would not accept changes to committee assignments, charges, composition, etc… According to Interim President Berdahl, the IAC persisted after having being told a second and third time that their request would not be honored. He stated that it was the IAC that had dragged out this process with no justification for adding an additional student to the IAC. He then remarked that this issue was undertaken to test Interim President Berdahl in an attempt to see if he would accept a change in the charge of the IAC. He repeated that the five students was a significant representation and if the student body president wanted to serve on the committee, he had every right to appoint him or her self. He did not feel that the change in committee membership was necessary at this time. Changes could be made with the new president, but for the time being he was going to hold firm to his position.

Senate President Kyr informed the Senate that because of Interim President Berdahl’s stance of maintaining current committee charges, the Tenth Year Review of University Standing Committees had also been pushed back to May 2013.

Senator Bonine stated that he did not believe this issue was of great importance and then commented that the Senate meeting was an unusual one in a good sense because Interim President Berdahl was in attendance and had decided to engage with the Senate. He was speaking about University Presidents in general, not specifically Interim President Berdahl. He then stated that there might be times where he would want to challenge the President on his status quo approach, but he did not feel that the IAC motion was worth convening the Statutory Faculty Assembly if Interim President Berdahl decided to veto the motion. He acknowledged that although the IAC motion might be very important to those who were proposing it, he did not feel that it was worth going to battle over. Senator Bonine stated that he would vote in favor of Interim President Berdahls position. Senate President Kyr then called for other comments.

The next comment was from Ben Eckstein (ASUO President). He stated that from the beginning of the academic year, the IAC wanted to add an additional student voice on the committee. He stated that it was a relatively small change and commented that the ASUO spent over one and a half million dollars in contributions to Athletics for student football and basketball tickets. According to Mr. Eckstein, those negotiations had been quite difficult especially when the ASUO had tried to gain access to athletic department information. He believed that strong student representation on the IAC was an asset to the committee and seemed to think that this might lead to the ASUO receiving a fairer agreement with respect to student tickets. Having an additional student from ASUO on the IAC, in addition to expanding the membership, was a small but important change, which passed unanimously in the IAC and was not a contentious issue during the April Senate meeting. He then commented that this issue was very important to students who were interested in expanding the student voice on the IAC. He also remarked that the administration was undertaking important structural changes to the university including changes to its public records policy. He did not understand why Interim President Berdahl would not approve a small change to the IAC membership but would allow such a large modification to public records policy. Mr. Eckstein encouraged Senators to pass the motion based on its merits and to support the student voice.

The next comment came from Senator Ronald Mitchell (Political Science). He confirmed his assumption with members of the IAC who were in attendance at the Senate meeting that not all student members on the IAC actually attended each meeting. After his assumption was confirmed, he stated that this showed a lack of student interest in the IAC and commented that if students were interested in the IAC they should attend the meetings. Senator Mitchell commented that adding a sixth member who would also not attend meetings did not make much sense from his point of view. He was happy to support another student voice on the IAC if they would be willing to use it. He again reiterated his point that if students were interested in serving on the IAC then they should attend every meeting. Senator Glen Waddell (Economics) replied to Senator Mitchell’s comment and stated that one of the reasons for Senator Mitchell’s perceived lack of participation was conflicts with scheduling meetings. According to Senator Waddell, student athletes were kept extremely busy and could not always attend every meeting. He then commented that the issue was not due to student’s lack of interest, but was based on scheduling. Senator Mitchell then replied that the committee should try to develop a schedule that worked for every student member. Senator Waddell replied that the committee did spend a significant amount of time on scheduling.

The next comment came from student Shabd Khalsa, the former Athletic Contract Finance Committee Executive Appointee for the ASUO. He took issue with Senator Mitchell’s comment and stated that while serving on the Student Conduct and Community Standards Committee every student member was present at each meeting, and with the exception of the first meeting, not a single faculty member ever attended. He then commented that the IAC dealt with issues regarding large financial transactions, and he believed that students should have a stronger voice in regards to those issues. He encouraged Senators to vote in favor of the motion.

Ben Eckstein reiterated Senator Waddell’s comment that lack of student involvement was not due to lack of interest and mentioned that every stakeholder group on the IAC did not have perfect attendance. He believed that students had made a good faith effort to attend every meeting and that faculty and staff members occasionally are unable to attend IAC meetings. Mr. Eckstein pointed out that all Student Senators were present at todays meeting and several faculty members were not in attendance, and that this fact would not merit reducing the faculty size of the University Senate.

Senator Alexandra Flores-Quilty (Student Senator) provided the next comment, and remarked that she served on several university standing committees and all of her fellow students in service were extremely invested in their service commitments. She also stated that the cost of attending college was extremely high and as a result, many students had to work part time jobs, which could add to scheduling woes. Senator Flores-Quilty commented that the combination of schoolwork, part time employment, and extra curricular activities often made scheduling very difficult for students, but she believed that each student was committed to the UO and was invested in its success. She then reiterated Senator Waddell’s comment that lack of student attendance was not due to lack of interest. 

Senator Mitchell stated that he did not accuse students of not being interested or committed to service on committees. He remarked that he was very sensitive to all work done by students, and mentioned that the university ran because of the work that students did. He was not casting aspersions on student committees and wanted to be clear on this point. He was not sure how a sixth student members, who for very good and valid reasons, would not be able to attend IAC meetings was supposed to solve the membership problem. He then stated that students were doing great things at the university and was not suggesting otherwise. Senate President Kyr thanked Senator Mitchell for clarifying his statement.

The next comment came from Senator Christopher Sinclair (Mathematics). He believed that the main point of the current discussion was that Interim President Berdahl provided good reason for not passing the motion. He did not see the point in passing the motion with an Interim President and recommended addressing this motion when and if a new President was hired. He believed that the Senate should respect Interim President Berdahls’ stance and keep committees as they are until a new president was hired.

3.3.5 Senate Action

Senate President Kyr called for a vote on the motion. Before taking a vote, he read the language aloud to the Senate, which stated: “the Senate moves to add the ASUO President or designee as an Ex Officio voting member on the IAC effective immediately.” A final point of clarification was asked from Senator Jennifer Ellis (Finance). She asked that if the motion was voted down now, could it ever return to the Senate, or was the vote final. Senate President Kyr stated that if the motion were voted down, the membership issue would become part of the Tenth Year Review of University Standing Committees. He again called for a voice vote on the motion. The voting results were unclear and Senate President Kyr called for a hand vote.  The results of the hand vote were as follows: seven in favor, eighteen opposed, and three abstentions. The motion did not pass. Senate President Kyr thanked the Senate for their participation and also thanked Interim President Berdahl for presenting his views on the motion. He then invited Shabd Khalsa to discuss the proposed changes to the student conduct code.

3.4 Student Conduct Code; Shabd Khalsa, Student Conduct and Community Standards Committee (chair designee)

Shabd Khalsa (student) informed the Senate that he was proposing both logistical and substantive changes to the student conduct and community standards code. His first change involved editing the word “adviser” to “advisor” throughout the code for spelling consistency. He then proposed that the title of University Affairs Director be changed to the ASUO Officer Designated to Coordinate University Affairs under the section, “student conduct hearings panel.” His next change involved adding the language “the students rights to copies of their case files, to the extent allowed by law, and other documents pertaining to allegations against them.” According to Mr. Khalsa, the Student Conduct and Community Standards Committee voted to add this language to the code so that students who received allegations of misconduct were informed of the rights they already had to receive a copy of their case files. He then commented that this right was already in existence, but students often were not informed of this right when they received allegations of misconduct. He believed that by adding this language to the code, students would be better equipped to navigate the process on their own, which would help better inform students regarding their rights. His next edit was in regards to hearings of the University Hearings Panel. Mr. Khalsa offered the following edit: “Advisors are permitted to speak or participate directly in any hearing if the student they are assisting so chooses in one or more of the following ways: an advisor may speak on behalf of the students they are representing during conduct proceedings if said student so chooses. He believed that this provision would make the process fairer to students who were less articulate, uncomfortable with public speaking, or less familiar with legal proceedings. Additionally, he believed that this provision would prevent more complicated legal concepts from being lost in translation. According to Mr. Khalsa, under current rules, an advisor could not explain how a certain action may or may not be protected under the first amendment. Instead, the advisory must explain the action to the student who subsequently must explain it back to the hearings panel. This process could cause important details to be lost in translation and possibly prevent decision makers from having the information necessary to correctly determine whether or not a student had violated the conduct code. He then stated that for these reasons, in the last ASUO election, over eight-six percent of students voted in favor of having the right to choose an advisor to speak on their behalf. Mr. Shabd concluded his presentation and asked for questions from the Senate body.

The first comment was from Senator Randy Sullivan (Chemistry). He wanted to know who would be advising the students. Mr. Shabd replied that the Office of Student Conduct and Community Standards would be advising students. Senator Sullivan then asked if this information was included in the new language, to which Mr. Shabd replied that it was.

Professor Marie Vitulli (Mathematics Emerita) asked Mr. Shabd if these code changes were written down somewhere so that the Senate might view them. Mr. Shabd replied that slides were supposed to be provided to Chris Prosser (Senate Executive Coordinator). Senate President Kyr asked Executive Coordinator Prosser if he had the slides. Executive Coordinator Prosser stated that he thought they were in his email. While he was searching for the slides, Senate President Kyr asked for any further questions or comments.

Sue Eveland (University Registrar) stated that as she understood it, the Student Conduct Code was an OAR (Oregon Administrative Rule) and wanted to know if the changes offered by Mr. Khalsa were going to be made to the OAR. She then mentioned that changing an OAR was quite a lengthy process and wanted to know if Mr. Khalsa was proposing that kind of change. Mr. Khalsa stated that he did not read the attached codes because he did not want to bore the Senate to death, but he did intend to change the OAR. To clarify, Senate President Kyr asked Mr. Khalsa if he was asking the Senate to approve changes that would become a part of the OAR editing process, to which Mr. Khalsa stated he was.

Professor Vitulli (Mathematics Emerita) referenced Mr. Khalsa’s previous comment that no faculty had attended meetings of the Student Conduct and Community Standards Committee and wanted to know who was recommending the changes to the code. Mr. Khalsa replied that a great deal of outreach was extended to faculty members via email and phone calls regarding the recommended changes, but the committee received no input from the faculty. This was the reason why he came before the Senate: to receive faculty input, which he and the committee valued, on the changes to the code. The Senate then took a minute to consider the changes to the Conduct Code, which had been posted to the overhead by Executive Coordinator Prosser.

Senator Harlan Mechling (Student Senator) moved to approve the changes to the Student Conduct Code as written. His motion did not receive a second.

Senator Peter Keyes (Architecture) commented that the process confused him, having not seen any of the proposed changes to the Student Conduct Code. He stated that it seemed fairly complicated, and mentioned that when he was Senate President; the Student Conduct Code was revised. This process took eleven years and he would like the opportunity to review the material before being asked to vote on approving the recommended changes. He recommended tabling the motion until all Senators had been given the opportunity to evaluate the changes and engage in a reasonable discussion as to their meaning. Senate President Kyr agreed that the process seemed more involved and asked Parliamentarian Paul Simonds (Anthropology Emeritus) for a ruling on tabling the motion. He replied that Senator Keyes must move to table the motion, to which he did. The motion was seconded and a discussion period began.

Senator John Bonine (Law) stated that he was bothered by the process and by the fact that the administration had not weighed in on the issue. According to Senator Bonine, shared governance would suggest that these changes were presented to the administration, to which Mr. Khalsa replied that they had been. Mr. Khalsa stated that Carl Yeh (Director, Student Conduct and Community Standards) was present at every meeting of the Student Conduct and Community Standards Committee. Senate President Kyr asked if Mr. Yeh had approved the proposed changes to the code, to which Mr. Khalsa replied that he had not. Senator Bonine stated that due to the fact that the administration had not agreed to the changes, he agreed that the changes should be tabled for the time being. Seeing no further discussion, Senate President Kyr called for a vote to table the changes to the Student Conduct Code. A voice vote was taken, and the motion was tabled. Senate President Kyr then moved on to the next point of new business, Motion US11/12 – 09 Acknowledging the Constitution.

3.5 Motion US11/12-09 Acknowledging the Constitution; Frank Stahl, Biology Emeritus

Professor Stahl stated that to facilitate shared governance, a Constitution was created. According to Professor Stahl, the document maximized the influence that the faculty and the rest of the university community could have in making importance decisions on campus. To his dismay, he frequently found that there were many people who had not read the document including high-level administrators. In order for employees to be made aware of the Constitution, which guided the process of faculty governance, he believed that mentioning the document in their job description would help in enlighten new employees. He then introduced a resolution as a motion to Interim President Berdahl. “The Senate calls upon the President to advise all vice-presidents, deans, department heads, and directors to include from this day forward the following statement on all job descriptions:  Academic and administrative functions at the University of Oregon are fulfilled within a valued tradition of shared governance as specified by state law and the University of Oregon Constitution.” He also included the URL where the document could be found. He then moved that the Senate adopt his resolution and called for a second. The motion was seconded and Senate President Kyr called for a period of discussion on the motion.

Professor Stahl continued by stating that since Interim President Berdahl may or may not choose to act on his resolution, and since he was in attendance, he asked Interim President Berdahl if he would act or not act on Professor Stahl’s resolution. Interim President Berdahl replied that although there might be administrators who were not aware of all points in the Constitution, he suggested that there were also people within the Senate who were not fully aware of the information contained in that document. He then stated that he thought it was a fine idea and had no objection to Professor Stahl’s resolution. Seeing no further discussion, Senate President Kyr called for a voice vote on the motion. A voice vote was taken and Motion US11/12-09 Acknowledging the Constitution passed unanimously. He then moved on to the Open Discussion portion of the meeting and called Senator Peter Keyes (Architecture) to the Senate floor to provide the Senate with an update on unionization.

4. OPEN DISCUSSION

4.1 Update on Unionization; Peter Keyes, Member of the University of Oregon Faculty Union Coordinating Committee

Senator Peter Keyes (Architecture) stated that the union organizing committee filed almost twelve hundred cards in March, which went to the State Employment Relations Board. The university filed objections to their action, which were responded to, and the University and Systems’ lawyers settled on an agreement regarding various questions like who would be in the bargaining unit and how those types of decisions would be made. Since that time, he had received many questions as to how things were progressing. Senator Keyes remarked that the faculty union coordinating committee was changing gears. He had not anticipated such a speedy resolution to the filed objections.

The first newsletter was just released that afternoon via email and was also posted to the union website. A survey would soon be distributed to everyone in the bargaining unit, which was similar to the survey that was conducted prior to the card filing. This survey attempted to gather information on issues important to those in the bargaining unit. The coordinating committee had begun meeting and was continuing to conduct departmental meetings to provide an opportunity to those in the bargaining unit to discuss their issues and concerns with the coordinating committee. The committee hoped to complete these meetings by the end of the spring term. He then stated that the coordinating committee was looking for people to get involved and wanted very broad representation across campus. They were also in the process of forming working groups to research various systems that were in place at other universities and to form various policy proposals for the union to consider. The groups would be working through the summer on these various issues.

According to Senator Keyes, a bargaining caucus was being put together. The members of this group would be comprised of the chairs of each working group. He believed that there would be a substantial hiatus during the summer months, and a membership drive would commence during the fall term. He then stated that if you signed a card, you were not a member of the union as there was no union to join. The State Employment Relations Board had certified the union, and faculty members must sign a form stating that they wished to join the union. Currently there were zero members. Senator Keyes informed the Senate that a union membership drive was taking place during the fall term and a committee would be looking at by-laws and constitutions during this time as well. Finally, he stated that after positions had been worked out during the fall term, the coordinating committee would form a bargaining team who would sit down with the administration in an attempt to hammer out a contract. He then asked for questions from the Senate body.

The first question came from Interim President Berdahl. He asked if he was correct in assuming that the union would not enter into bargaining contracts until the fall term, to which Senator Keyes replied he thought that was correct. Interim President Berdahl replied that he thought this was a pretty urgent matter in the minds of the organizers and he was surprised to learn that the coordinating committee was going to postpone bargaining until the fall. He then asked if the union only worked for nine months of the year. Senator Keyes replied that no one from the coordinating committee expected to be in the position they were currently in, and once the union saw the administrations response, he expected a great deal of litigation. He also reiterated that currently there was no union. Interim President Berdahl then commented that from the standpoint of the university, he hoped to begin bargaining well before fall term, to which Senator Keyes replied that he did not think that this would happen. Interim President Berdahl stated that from what Senator Keyes was saying, the union would not be accommodating regarding this matter, to which Senator Keyes replied that he did not see how they could be. Senator Keyes did not see how the union could begin negotiations when they did not have a handle on what the issues were that the bargaining unit members were interested in. Interim President Berdahl found it very surprising that the union had driven people to sign cards over a period of ninety days and then decided to put off bargaining for six months. Senator Keyes replied that there was no pressing need to have these details worked out sooner. Although he was not aware of the legalities involved, he thought the union had one year from when the union was certified to get the membership together, solidify positions, and enter negotiations. He would much prefer to slow down and understand the needs of all involved instead of rushing into contract negotiations without carefully considering all vantage points.

Senate President Kyr commented that the Senate had been a good partner to the union by helping to inform the university community through the November Senate meeting and the campus-wide open dialogue with the members of the Coordinating Committee in February. He was unsure as to whom to approach, since the chair of the Coordinating Committee rotated. He recommended establishing a Senate liaison to provide a vehicle for communication between the Senate and the union. Senator Keyes agreed that that was a great idea and recommended going through the Senate roster for the 2012 – 2013 academic year and designating those Senate members who were affiliated with the union to be liaisons. Senate President Kyr then asked if the Coordinating Committee would eventually elect a permanent chair, to which Senator Keyes replied that they would. According to Senate President Kyr, that person should have direct contact with the Senate President in addition to creating a Senate related liaison position. Senator Keyes agreed with these recommendations.

Interim President Berdahl asked Senator Keyes what the process was for collecting union dues. He also wanted to know if this occurred before or after contract negotiations. Senator Keyes stated that he had heard that the collecting of union dues would take place after the first contract was signed, to which Interim President Berdahl replied that that was good.

At this point in the meeting, Senate President Kyr called for a motion to extend the length of the Senate meeting for a maximum of twenty-five minutes. The motion was seconded and a voice vote was taken. The motion was passed unanimously and the meeting continued. Senate President Kyr thanked Senator Keyes for his update on unionization, and invited Ben Eckstein to the Senate floor to present the ASUO Report.

5. REPORTS

5.1 ASUO Report; Ben Eckstein, ASUO President

Ben Eckstein (ASUO President) began his report with an update on the ASUO’s voter registration campaign. He thanked faculty members for their support in allowing classroom announcements across campus. The ASUO registered 2,661 students to vote for the upcoming primary election. This was the highest number of registered student voters ever achieved for a primary election and the highest number in the state at any public university. Their goal was to register 10,000 students by the general election. He then remarked that his administration had completed their total incidental fee budget for the upcoming year. According to Mr. Eckstein, the incidental fee budget was roughly thirteen million dollars per year. He was particularly pleased to have negotiated a zero dollar growth deal with the athletic department, which meant that students would be paying the lowest possible cost for student tickets in ten years. This equated to less than fifty percent of fair market value for football and basketball tickets saving student hundreds of thousands of dollars.

Mr. Eckstein informed the Senate that there was a transition underway in the ASUO administration as incoming officers were preparing to begin their service to the university after the recent ASUO election. His colleague Laura Hinman, the ASUO president-elect, was taking office on May 25, 2012, and he was working closely with her during this transition period. He then mentioned that for the second time, student had voted down the cost of remodeling the student union and student rec center. Students requested the division of student affairs to provide more cost efficient and student-centered alternatives for these projects.

Finally, the ASUO took a stance on a proposed piece of municipal legislation called the Social Host Ordinance that would have proposed very strict fines and penalties on students and community members who were engaging in what was deemed an unruly gathering. The definitions in the legislation were very broad, and by and large, the city council agreed with student concerns and did not move forward with the legislation. Senate President Kyr thanked Mr. Eckstein for presenting his report and invited Professor Bill Harbaugh to the Senate floor to present his update on the change in practice regarding public records.

5.2 Update on a Change in Practice regarding Public Records; Bill Harbaugh; Chair, Senate Transparency Committee

Professor Harbaugh (Economics) informed the Senate that in 2010 reporters were making public records requests to the Athletic Department for copies of Mike Bellotti’s (former UO head football coach) contract, which were stalled by the Office of the General Counsel for around a period of nine months. This action cost the university several million dollars, and former University President Richard Lariviere reassigned the attorney, who was investigated by the Department of Justice, and found responsible for those actions. According to Professor Harbaugh, in September of 2011, after the UO Senate had voted to establish a Senate Transparency Committee to prevent these types of situations from occurring, former President Lariviere agreed to a practice that would grant a two hundred dollar fee waiver from those requesting public record documents. He believed that that policy worked very well, but in May, the policy was changed without any notice given to the Senate or the Senate Transparency Committee. The fee waiver had been revoked and from his perspective, that constituted a major change in the way the university dealt with transparency issues and in building trust between the faculty and administration. He wanted to understand why the change was made and would eventually return to the Senate with suggestions on how to proceed.

David Hubin (Senior Assistant to the President) stated that Professor Harbaugh was correct regarding the need for reform in 2010 with respect to public records. According to Dr. Hubin, before the formation of a public records office, the average time on completion of public records requests was seventy days, which he remarked was completely unacceptable. The current average time in responding to public records requests was seven days. He attributed the change in response time to Liz Deneke (Sponsored Projects Contract Officer) and Lisa Thornton (Public Records Program Associate) who coordinated the efforts of that office. Dr. Hubin commented that when former President Richard Lariviere asked him to supervise the Office of Public Records in July of 2011, four goals were discussed. The first goal was to shorten the turnaround time on requests; the second goal was to introduce a visible log of requests so that the public could see when something was requested, what it was, and how long it took the office to respond (those documents may or may not be placed online); the third goal was to enlarge and make more accessible the public records library so that materials that were frequently requested could be made readily available; the fourth goal was to find a way to efficiently handle simple requests for purposes of expedition. Dr. Hubin stated that what Professor Harbaugh was referring to involved a refinement to the fourth goal, which involved the handling of simple requests.

According to Dr. Hubin, the two hundred dollar fee waiver had several unintended consequences involving negotiations for more complicated requests. This in turn delayed the completion of other simple requests and as a result/solution to these consequences; the Office of Public Records was now waiving the first hour of university time spent on responding to simple requests. He then mentioned a very large public records request, which involved all RFPs (Request for Proposals) from law firms whom the university might engage with. Professor Harbaugh offered a point of clarification and commented that he had made that request. Dr. Hubin continued that after the passage of Senate Bill 242, the request involved consultation with each of the bidding firms in an effort to determine if their requests were proprietary. When the requestor was notified that there would be a significant cost for the gathering of this information, his reply was “just give me what you can for under $200.” At this point, Professor Harbaugh offered two points of information. The first was that he believed a long conversation needed to take place regarding this issue and did not believe that the Senate meeting was the proper venue for that discussion. He reiterated his point that these changes were not brought to the Senate Transparency Committee, which was charged with handling issues related to transparency. It was his belief that the requested contracts had a wide breath of public interest and could be used by journalists in stories regarding changes to the University of Oregon.

Dr. Hubin then commented that he was prepared to offer three succinct examples of a breakdown in efficiency in regards to the two hundred dollar fee waiver. The two hundred dollar fee waiver request had very different effects on various departments. If an employee who made thirty dollars an hour was fulfilling the request, it might take six hours of departmental time, which could not be reimbursed. Professor Harbaugh commented that this information was never brought to the Senate, to which Dr. Hubin replied that in March, Senator Nathan Tublitz (Biology) brought a grievance due to a denied request, and Dr. Hubin commented that in January, there were unforeseen consequences regarding the fee waiver. According to Dr. Hubin, the Office of Public Records pulled every AAU (American Association of Universities) University, PAC 12 Public, and agencies in the Pacific Northwest… At this point, Dr. Hubin was interrupted by Professor Harbaugh who asked why this information had not been shared with the Senate Transparency Committee or the Senate.

Interim President Berdahl attempted to answer Professor Harbaugh question and commented that this was an issue that the Senate needed to consider. The issue in question was regarding conflicts of interest. According to Interim President Berdahl, the chair of the Senate Transparency Committee was by all measure, the largest requestor of public records by a very substantial margin. He believed that a substantial conflict of interest existed for that person in that position to discuss a policy regarding whether or not to charge for public records requests. Interim President Berdahl commented that he had previously discussed conflicts of interest with Professor Harbaugh in regards to his service on several committees and his blog. He then stated that the reason it was impossible to consult a committee where the chair of that committee had a fundamental conflict of interest seemed obvious. For that reason, the administration did not bring the change before the Senate or the Senate Transparency Committee. He then pointed out that it was not a policy, but merely a practice, which the administration had the authority to change, and so they did. According to Interim President Berdahl, the university had an obligation to recover the costs incurred from public records requests if those costs were substantial. He then commented that when requests were made and the estimated costs were tabulated and presented to the requestor, the system was “gamed” if the requestor changed his or her reply to “give me what you can for under $200.” For that reason, the practice would not continue. Interim President Berdahl stated that the university spent tens of thousands of dollars resulting from appeals to the attorney general that were made by Professor Harbaugh in relation to his blog, and as it was his right to request public records, have a blog, and write about the university, he did not have the right to expect the university to respond to complex public records request without incurring costs. That was Interim President Berdahls reason for changing the practice. He continued and stated that if the requests were simple, they should be delivered without cost, but if they were complex, the university should charge for those costs, and they intended to.

Senator John Bonine commented that he did not have a dog in this particular fight, but did have one in a general sense. His first academic article written after arriving at the university was regarding fee waivers under the federal free legislation act. His article discussed when fee waivers should be given. He then stated that under Oregon Open Meetings Laws, which did not directly apply to committees, if someone had a conflict of interest, he or she should declare it. However, that person still had the ability to act. On the other had, he stated, in terms of shared governance perhaps neither result was appropriate, meaning that Professor Harbaugh should not have been elected chair of the Senate Transparency Committee and the administration should not have changed their practice without consulting members of the faculty. He then called for a process in which a different chair could be appointed to the Senate Transparency Committee or that a work group/committee be developed to consider an alternative approach to the current practice. He was bothered by the fact that the administration proceeded with this change before consulting with faculty members or members of the Senate. Senate President Kyr asked for a point of clarification and wanted to know if Senator Bonine was referring to the issue of the fee waiver, to which he replied that he was speaking to that issue and any other issue that the administration considered acting on that involved the Senate.

Dr. Hubin commented that he agreed with much of what Senator Bonine had just said, and mentioned that the administration needed an advisory group regarding the issue of transparency. Previously, he had proposed to the Senate and Committee on Committees that the Senate Transparency Committee be broadened. Currently, there were three faculty members on the Senate Transparency Committee, and according to Dr. Hubin, the membership should include representatives from all stakeholder groups at the UO. As a point of clarification, Senate President Kyr stated that Dr. Hubin was not insinuating the creation of a new committee, but was merely suggesting an augmentation of the current Senate Transparency Committee. He then commented that these issues would be included in the Tenth Year Review of University Standing Committees to be completed by the Committee on Committees during the 2012 – 2013 academic year. Senator Bonine stated that he understood the general proposition of not making structural changes to committees, but when substantive changes were being made by the administration he hoped that they would be open to a review of their decisions by members of the faculty.

Interim President Berdahl stated that the administration was open to reviewing this practice with a committee that both the Senate and the administration agreed upon, but he felt it was not appropriate to allow the Senate Transparency Committee to review the practice due to the conflict of interest that he believed existed with the current chair, which according to Interim President Berdahl, Professor Harbaugh had refused to recognize. Professor Harbaugh stated that he had not refused to recognize the conflict of interest, to which Interim President Berdahl replied that they had engaged in several discussions regarding conflicts of interest.  Professor Harbaugh held to his conviction that he had not refused to recognize the conflict to interest and that he was happy for that information to be widely known and considered by the Senate when weighing his views. Senate President Kyr ended the discussion and informed the Senate that there would be further discussion on this issue in the future.

5.3 Update on Remaining Policies from May 23 Senate Meeting (Kyr)

Senate President Kyr briefly mentioned that the Academic Freedom and Freedom of Speech Policy, Facilities Use, and Legal Services Policies were coming before the Senate for a vote in the near future. He had been discussing these policies with Interim President Berdahl and they were in the process of determining when those remaining policies should come before the Senate.

5.4 Update regarding the Tenth Year Review – Committee on Committees (Kyr)

Senate President Kyr, having already mentioned the specifics of the Tenth Year Review of University Standing Committees briefly reiterated how important the review would be to the university and that it was going to be fair and comprehensive. The Senate would be receiving updates on the review throughout the year. He then invited Professor Marie Vitulli (Mathematics, Emerita) and Professor Sarah Douglas (Computer Science, Emerita) to the Senate floor to present their notice of motion.

6. ANNOUNCEMENTS AND COMMUNICATIONS FROM THE FLOOR

6.1 Notice of Motion: Consideration of Voting Rights for Retired and Emeritus Faculty Members; Marie Vitulli (Professor Emerita, Mathematics) and Sarah Douglas (Professor Emerita, Computer Science)

Professor Vitulli asked Executive Coordinator Prosser to display section 2.3 of the Univerisity of Oregon Constitution on the view-screen. She believed that an oversight might have occurred by those who drafted the document. She then mentioned that she was currently a professor of Mathematics and was teaching during the spring term under the Tenure Reduction Program. According to Professor Vitulli, that meant that she still retained her tenure status although at a reduced rate. She considered this reduced status as being tenure related, which meant that she was still a member of the Statutory Faculty Assembly according to the definition of Statutory Faculty defined in section 2.3 of the University of Oregon Constitution. Section 2.3 also stated that retired and emeriti faculty members were not members of the statutory faculty whether or not they had teaching responsibilities. She was confused as to which line applied to her status, and jokingly asked if someone had revoked her contract when she was not looking. She also stated that she was not the only faculty member who had these concerns. She then asked for a ruling from Interim President Berdahl to confirm that faculty who were on the tenure reduction program were tenure-related officers of instruction during any term in which they were on the payroll.

Interim President Berdahl replied that as President, he did not have the power to alter the language of the Constitution, but offered an interpretation. It seemed to him that those who were on reduced tenure prior to retirement were members of the Statutory Faculty. He recognized the conflict in the statements and recommended that the faculty change some element of the terms. Interim President Berdahls preference was to include those who were on reduced tenure as members of the Statutory Faculty.

Senate President Kyr stated that there was another layer, which regarded the upcoming University Election. According to the Constitution, retired and emeriti faculty members were not allowed to vote, however Professor Vitulli’s contract stated that she was a tenure related officer of instruction. Interim President Berdahl asked Senate President Kyr if he expected him to make a ruling on this issue. He then stated that the President of the Senate should rule on this issue since it was regarding the Senate Election. Senator Bonine stated that before Senate President Kyr made a ruling on a contractual matter they should consider the matter that Professor Vitulli’s contract may have been improperly formulated by the administration, or people who had begun the six hundred hour program (retirement) should retain their tenure. He stated that there must be a university policy that determined when tenure was relinquished and asked if a part-time tenure program existed.

Professor Vitulli replied that there were two separate programs. The first was a tenure reduction program in which a faculty member retained their tenure status but at a reduced rate. This was the program that she was currently on. The second was a tenure relinquishment program in which tenure was given up and faculty members entered retirement. Senator Bonine asked if both programs reduced faculty salaries by six percent, to which Professor Vitulli replied that only the tenure reduction program included the salary reduction. Professor Vitulli commented that she would like her status confirmed by someone because she wished to vote in the University Spring Election. Senate President Kyr clarified that the ruling was in regards to voting. With the approval of the Senate, he wished to make a ruling on her status so that she would be able to vote in the University Spring Election.

Senator Peter Keyes (Architecture) asked Professor Vitulli if she was officially retired, to which Professor Vitulli replied she was. She then commented that she intended to introduce other amendments and remarked that the language of the Constitution was a matter of interpretation.

Professor Frank Stahl (Biology Emeritus) asked if intent was relevant to whatever decision Senate President Kyr made. He then commented that he was involved in the formulation of the current language and offered an explanation as to what the governance group intended by introducing that language. According to Professor Stahl, the Statutory Faculty was defined as being composed of the University President, tenure related officers of instruction, and career non-tenure officers of instruction. He then commented that the document clearly stated that those people who belong to those groups and were retired were not members of the Statutory Faculty. He did not see any ambiguity, although he recognized that others might, and stated that this was the intent of the governance group that developed the document.

Professor Vitulli disagreed with Professor Stahl’s interpretation. Senator Bonine felt that the language regarding retired and emeriti faculty was an exception to the previous sentence that defined Statutory Faculty and asked Professor Stahl to clarify. Professor Stahl stated that members of the Statutory Faculty were those who were on a tenure track, those who had tenure, and those who were retired and retained their tenure. He stated that adding the word “but” before the second sentence might have helped clarify the intent, but he insisted that because Professor Vitulli held Emerita status, she was no longer a member of the Statutory Faculty and as such, should not be able to vote in the Spring Election.

Senate President Kyr asked Professor Vitulli what her viewpoint was after hearing Professor Stahl’s comments, to which she answered that the two sentences were contradictory, and that they should be address more fully in the future. She then remarked that for now, there was a decision to be made regarding her right to vote in the Spring Election. Parliamentarian Paul Simonds (Anthropology Emeritus) stated that the Senate President could not rule on any matter pertaining to the Constitution. Only the University President could make a ruling on the Constitution because he was the chair of the Statutory Faculty Assembly. The Senate President could only rule on matters pertaining to the Senate Bylaws.

Senator Peter Keyes remarked that there were many people who voted in the Senate Elections who were not members of the Statutory Faculty including Officers of Administration and Classified Staff. He believed that because of this, it did not matter that Professor Vitulli was a member of the Statutory Faculty. He then referenced section 5.1 which covered voting eligibility for non-student Senators, and quoted the sentence, which stated “Retired faculty members are not permitted to vote.”  He believed that section 2.3 determined whether or not Professor Vitulli could vote at a meeting of the Statutory Faculty, not the Senate election. Senate President Kyr told Professor Vitulli that he would take this issue to Interim President Berdahl who was the appropriate person to make a ruling on the matter, to which she agreed was an acceptable solution.

Professor Vitulli stated that she knew that the Senate could not vote on amendments to the Constitution, but she asked them to consider her amendments to the Constitution, which were displayed on the overhead projector. With Senate approval, she hoped that the Senate President would convene a virtual meeting of the Statutory Faculty for an online vote on her proposed amendments. Her first amendment was to delete the second sentence in the definition of Statutory Faculty from Section 2.3 and replace it with the following language: “Emeriti faculty members who are on the university payroll and serving actively in instructional or research capacities are members of the Statutory Faculty. She then commented that most of that language was copied from the newly ratified policy on Emeritus Faculty, which asserted that emeritus faculty had full governance rights in departmental/college governance issues, which included the right to vote. Professor Vitulli then asked the Senate body to retain the privilege, right, and responsibility of full participation in university governance for emeriti faculty. She then commented that this had been a long-standing tradition and hoped that the Senate would consider reinstating that tradition for those emeriti faculty who were on the payroll, teaching, and doing research. She also remarked that Section 5.1 should also be amended to the following: “Emeriti faculty who are members of the Statutory Faculty will retain full governance rights, including the right to vote. All other faculty members are not permitted to vote.” She again asked the Senate to consider her amendments, and commented that it was unclear to her how an emeritus faculty member could propose motions and resolutions to the Senate body and not have the ability to vote in the Spring Election when on the payroll and carrying out teaching or research responsibilities. This made no sense to her. Senate President Kyr thanked Professor Vitulli for presenting her notice of motion and promised to work further with her on developing the language of the motion. He then invited Senator Emma Newman (student senator) to present her notice of motion.

6.2 Notice of Motion: No Coal Resolution; Emma Newman, Student Justice League

Senator Emma Newman (student senator) stated that she was placing her motion on behalf of students who were working with the No Coal Eugene movement through the UO Climate Justice League. According to Senator Newman, large coal companies were seeking new outlets to export mined coal from Wyoming’s Powder River basin, which included coastal Oregon and Washington. The building of an export terminal was proposed for the city of Coos Bay, OR, which would divert coal train traffic through the city of Eugene. Two coal trains would pass through Eugene everyday, which would pollute the city of Eugene by introducing coal dust into the atmosphere. She then mentioned that this motion would be introduced at the next Senate meeting along with more information. Senate President Kyr thanked Senator Newman for presenting her notice of motion.

7. ADJOURNMENT

Seeing no further business, Senate President Kyr called the May 9, 2012 meeting of the University of Oregon Senate to a close at 5:47PM.

Rachele Raia, 2012 UO Senate Leadership and Service Award for Officers of Administration Recipient

Rachele Raia UO Senate OA Award 2012

Rachele Raia's 2012 UO Senate Leadership and Service Award for Officers of Administration Acceptance Speech

Senate Meeting Agenda - May 23, 2012

Knight Library Room 101, 3:00‐5:00 pm

3:00 pm 1. Call to Order
         
3:05 pm 2. State of the University
    2.1 Remarks by Interim President Robert Berdahl
    2.2 Questions and Comments with Response
    2.3 Remarks by Robert Kyr, Senate President-elect
    2.4 Questions and Comments with Response
         
3:40 pm 3. New Business
    3.1 Spring Curriculum Report; Paul Engelking, Chair; Committee on Courses
    3.2 UO Senate Leadership and Service Award for Officers of Administration, Presented to Rachele Raia, Assistant Dean, CAS
    3.3 UO Senate Classified Staff Leadership Award. Presented to L. Jane Brubaker, Trades/Maintenance Coordinator, Campus Operations
    3.4 Wayne Westling Award. Presented to Andrew Marcus, Associate Dean of Social Science, CAS
    3.5 Remarks by outgoing ASUO President Ben Eckstein
    3.6 Remarks by incoming ASUO President Laura Hinman
    3.7 Announcement of Spring Election Results, Robert Kyr, Senate President
    3.8 Introduction of New Senators; (Kyr)
    3.9 Approval of Committee Appointments (Kyr)
    3.10 Motion US11/12-14: Authorization to Award Degrees (Kyr)
    3.11 Motion US11/12-15: Coal Trains Resolution; Emma Newman, Climate Justice League
    3.12 Update on Unionization; Peter Keyes, Member of the University of Oregon Faculty Union Coordinating Committee
    3.13 Distinguished Service Award; [Executive Session] David Hubin; Chair, DSA/Honorary Degree Committee
         
4:45 pm 4. Open Discussion
   
4:48 pm 5. Reports
         
4:50 pm 6. Announcements and Communications from the Floor
         
5:00 pm 7. Adjournment

2012 UO Spring Election Results

The 2012 UO Spring Election results are posted below. Many thanks to all who participated in the election and for giving your time in service and dedication to the University of Oregon.

University Senate

College of Arts and Sciences

Natural Science

Ken Prehoda (Chemistry)
Arkady Vaintrob (Mathematics)
Huaxin Lin (Mathematics)

Social Science

Michael Dreiling (Sociology)
William Harbaugh (Economics)

Humanities

Regina Psaki (Romance Languages)

Professional Schools

AAA

Richard Margerum (PPPM)
Kassia Dellabough (PODS)
Neil Bania (PPPM)

College of Education

Deborah Olson (Special Ed and Clinical Services)
Charles Martinez (Educational Methodology, Policy and Leadership)

Lundquist College of Business

Jennifer Ellis (Finance)
Ali Emami (Finance)

UO Libraries

Bruce Tabb (Special Collections)

Officers of Administration

David Landrum (Department of Public Safety)

Classified Staff

John Ahlen (International Affairs)
Mandy Chong (Erb Memorial Union)

Faculty Advisory Council (FAC)

College of Arts and Sciences

Anita Weiss (International Studies)

Professional Schools

Peter Keyes (Architecture)

Officers of Administration

Linda Leon (Romance Languages)

Faculty Personnel Committee (FPC)

College of Arts and Sciences

Ellen Herman (History)
Bonnie Mann (Philosophy)
Henry Wonham (English)

Professional Schools

Kathryn Lucktenburg (Music and Dance)
Marilyn Nippold (Education)

Graduate Council (GC)

College of Arts and Sciences

Social Science

Frances White (Anthropology)
Joe Lowndes (Political Science)

Humanities

Dorothee Ostmeier (Germand and Scandinavian)

Faculty Grievance Appeals Committee (FGAC)

Doris Payne (Linguistics)

Intercollegiate Athlectics (IAC)

College of Arts and Sciences

Andrew Karduna (Human Physiology)

Professional Schools

Janet Wasko (Journalism and Communication)
Robert Illig (Law)

Classified Staff

Donna Laue (English)

Promotion Tenure Retention Appeals Committee (PTRAC)

Victor Ostrik (Mathematics)

Undergraduate Council (UC)

College of Arts and Sciences

Natural Science

Randy Sullivan (Chemistry)

Social Science

Ian McNeely (History)

Humanities

Beata Stwarska (Philosophy)

CAS At-Large

Susan Anderson (German & Scandinavian)

Professional Schools

AAA


Lundquist College of Business

Ron Bramhall (Business)

College of Education

Alison Schmitke (Education Studies)

Officers of Administration Council (OAC)

Patrick Chinn (Information Services)
Miriam Bolton (Business)
Chris LeBlanc (Office of the Registrar)
Teri Rowe (Economics)

CAS Dean's Advisory Counicl (DAC)

Natural Science

Paul Wallace (Geological Science)
Daniel Steck (Physics)

Humanities

Mary Jaeger (Classics)

Minutes of the UO Senate Meeting for April 11, 2012

Minutes of the University of Oregon Senate Meeting 11 April 2012

Prepared and submitted by Christopher S. Prosser, Senate Executive Coordinator.

Present: John Bonine, Jane Brubaker, Ben Eckstein, Robert Elliot, Jennifer Ellis, Karen Estlund, Alexandra Flores-Quilty, Deborah Healey, Harinder Kaur Khalsa, Theodora Ko Thompson, Robert Kyr, Peter Lambert, Kelley Leon Howarth, Peng Lu, Carla McNelly, Jeff Measelle, Harlan Mechling, Emma Newman, Marilyn Nippold, Sonja Runberg, Donna Shaw, Christopher Sinclair, Randy Sullivan, Ying Tan, Glen Waddell, Dean Walton

Absent: Nancy Bray, John Foster, Pedro Garcia-Caro, Mark Gillem, Roland Good, Sangita Gopal, Anthony Hornof, Colin Ives, Ryan Kellems, Huaxin Lin, Andrew Lubash, Ian McNeely, Debra Merskin, Ronald Mitchell, Amy Nuetzman, Roxann Prazniak, David Riley, Vadim Vologodsky, Peter Walker

Excused: Roger Adkins, Tracy Bars, Ali Emami, Peter Keyes, Steven Pologe, Gordon Sayre, Nathan Tublitz

1. CALL TO ORDER

Senate President Robert Kyr (Music and Dance) called the meeting of the University Senate for April 11, 2012 to order at 3:06 in room 101 of the Knight Library. He thanked the Library for allowing the Senate to use their facilities for the meeting.

1.1 Approval of the minutes of the March 7 meeting

Senate President Kyr asked the Senate body if there was any discussion concerning the minutes from the March 7, 2012 Senate meeting. Seeing none, he called for a motion to approve the minutes. A motion was called and seconded. A voice vote was taken and the minutes were approved unanimously. He then invited Lorraine Davis (Acting Provost and Senior Vice President) to the Senate floor to present her state of the university address.

2. STATE OF THE UNIVERSITY

2.1 Remarks by Lorraine Davis, Acting Provost and Senior Vice President

Acting Provost Lorraine Davis thanked Senate President Kyr for her introduction. She stated that Interim President Berdahl was out of town on business and could not attend the Senate meeting. Since the March Senate meeting with Dr. Mary Spilde and Dr. Nancy Golden, a great deal had happened regarding the OEIB (Oregon Education Investment Board) achievement compacts. She stated that the UO had been developing their own achievement compacts for a number of years, and these compacts were discussed at last month's March Senate meeting. According to Acting Provost Davis, those compacts were approved by the State Board of Higher Education, and were then delivered to the OEIB. The OEIB took the metrics and revised them so that they were in accordance with the 40/40/20 education expectations. The compacts are now in line with those expectations. As a result, the metrics statewide will be identical for the OEIB. The metrics that were approved by the State Board will still be used by the university. She then discussed several of the OEIB metrics that every institution will have.

She then discussed the Oregon Idea. This has evolved into a legislative package which involves additional funding from the legislature related to particular opportunities that the university has and wants to present. She stated that this was a process through the academic strategies committee as a part of the OUS (Oregon University System) Board. The concepts that the UO will be submitting for further examination are Pathways Oregon, a program to provide financial support through grants or scholarships so that Oregonian students who meet the requirements to study at the university will be fully funded. Other proposal were on stem education, sustainable cities, global Oregon, and green product design. She then asked for questions from the Senate floor. Seeing none, she commented on the Emeritus Policy that the Senate would be voting on later in the meeting.

Acting Provost Davis stated that the development of this policy had been a long process, but that it was important to understand how Emeritus status was being provided to deserving faculty. There were three stickler points that were in contention during the drafting. The first was whether or not the policy should apply to only full professors or should they include associate professors. Acting Provost Davis stated that she was in full support of granting Associate Professors Emeritus status, since it has been done in the past. Parking was another contentious issue. She stated that she quibbled at the word “free” parking and stated why she had issues with free parking. Acting Provost Davis thought the language should be free or subsidized parking because at the university, parking is not truly free. The free parking pass given to retired employees must be paid for by someone. She stated that they were currently paid centrally. There are 266 free parking passes and according to next year’s budget, $90,000 is earmarked for those parking passes.  Because of this, she believes it would be more appropriate for the language to state subsidized parking instead of free parking. She then stated that she would approved whatever the Senate agreed upon, and that she and Jamie Moffitt (Vice President for Finance and Administration) would be putting together a small advisory group to discuss the ways in which the parking process situation could be handled as there was conflicting information on several university websites regarding parking. According to Acting Provost Davis, the policy did not deal with the intricate mechanics of parking and it should not, but she hoped that her advisory group will clean up several parking issues that existed at the university. Of the 266 people with free parking passes, 145 were Emeritus, 28 were other faculty, 44 were OAs, 29 were classified, and 20 did not fit into any other category. She then asked for questions from the Senate body.

2.2 Questions and comments with response

The first question came from Senator Randy Sullivan (Chemistry). He commented that the university administration had frequently stated that they would maintain a neutral stance with regard to the faculty unionization process, but according to Senator Sullivan, the administration recently filed a rejection to the proposed bargaining unit with the Oregon Labor Relations Board. He went on to say that participation in the bargaining unit was either a neutral act on the part of the administration, or it was not. If it was neutral, open discussions had been going on for over a year. Why would the administration decide to weigh in at the last moment? He then asked: If participation in the bargaining unit is not equilateral, when did the administration change its policy from one of neutrality to one of anti-union activism and why?

Acting Provost Davis replied that whether or not the university had a union was the decision of the faculty and she believed that the administration was taking a neutral stance on the faculty unionization decision. According to Acting Provost Davis, the administration had objected to the definition of the bargaining unit as it had been presented. This objection was based primarily on unit management within the community of interest as well as the number of tenure related faculty who have not felt that their input had been appropriately delivered.

Senator Sullivan stated that the majority of tenure track faculty had signed cards. He then inquired as to why this objection was not brought to light earlier. To which Acting Provost Davis replied that the administration did not have either the responsibility or the appropriateness to intervene until they knew what the proposed bargaining unit was. Senator Sullivan stated that the basic shape of the bargaining unity had been laid out for over a year. Acting Provost Davis replied that this shape was not known to her. Senator Sullivan stated that there were open meetings, to which Acting Provost Davis replied that she was not sure if that was the case. Senator Sullivan again stated that the meetings were open. Acting Provost Davis replied that she would not respond further on this issue.

Seeing no further questions, Senate President Kyr thanked Acting Provost Davis for presenting her report to the Senate. He then asked the Senate body to not badger a presenter who was answering a question and stated that Senator Sullivan’s behavior was very inappropriate toward Acting Provost Davis. He then commented that there must be respectful dialogue in the Senate. The union was a hot button issue on campus and many people were still confused about what was going on, but the university was now entering into a legal process with those who will look at the situation for what it was. As far as the Senate goes, he repeated that there must be respectful dialogue with no badgering of someone who was trying to provide an honest response.

Senator Sullivan stated that he would not badger someone who gave an honest response. Senate President Kyr replied that his comment was not helpful or respectful and he would like to see a Senate that had respectful dialogue. Senator Sullivan stated that he understood. Senate President Kyr then moved on to the open discussion portion of the meeting and invited Chancellor Pernsteiner to the Senate floor.  

3. OPEN DISCUSSION

3.1 Update on Presidential Search; George Pernsteiner, Chancellor

Chancellor George Pernsteiner (OUS Chancellor) thanked the Senate for allowing him to speak at the meeting. He stated that the Presidential Search Committee was trying to build a pool of candidates. The committee was in the process of reviewing files that had been put forward for President of the university. In addition, the advisory review committee met for the first time. This group was formed after consultation with the Senate and the Senate Executive Committee (SEC) regarding how to bring about ideas from faculty and students on education and research to the new President. The committee wascomprised of eight faculty and eight students who will be reviewing applications with an eye towards each candidate’s academic background and their commitment to academic quality be it instruction, research, or student success.

Chancellor Pernsteiner then stated that the time for submitting potential candidates was coming to a close, however the search would remain open until the position was filled. He encouraged the Senate to send in their nominations to newpres@uoregon.edu. He stated that he was encouraged with the names that were currently in the pool of candidates and he was eager to move the process along. Chancellor Pernsteiner then asked for questions from the Senate body. 

3.2 Questions and comments with response

Seeing no questions, Chancellor Pernsteiner thanked the Senate for their time. Senate President Kyr thanked him for the process that the committee had undertaken and then moved to the new business portion of the meeting.

4. NEW BUSINESS

Senate President Kyr invited Senator Glen Waddell (Economics) to the Senate floor to discuss the motion on IAC membership.

4.1 Motion on IAC Membership; Glen Waddell, IAC member

Senator Glen Waddell stated that the motion was quite simple. The University Senate will be adding one student member to the Intercollegiate Athletics Committee (IAC). According to Senator Waddell, the IAC voted on this addition with the results being ten yes votes, zero no votes, and one abstention. He then provided a brief background in support of the motion. He discussed the charge of the IAC and the proposed changes to the charge of the committee. There were currently five student members on the committee and the IAC would like to increase that number to six. Senator Waddell displayed the IAC membership to the Senate body and discussed several emails between IAC Chair Nathan Tublitz (Biology) and Interim University President Robert Berdahl. In these emails, Interim President Berdahl specifically stated that he would reject any and all changes to university committees while he was President of the university. These email exchanges can be found at the following address:

http://committees.uoregon.edu/node/41

He then mentioned the 2004 IAC taskforce document which outlined a set of action points that the IAC should have been pursuing, but this pursuit had fallen by the wayside. The report can also be found at the address above. He concluded by repeating the intent of the motion which was to add one student member to the IAC.

Senate President Kyr then called for discussion on the motion. He called on Ben Eckstein (ASUO President) to make a statement regarding the motion. Mr. Eckstein stated that he was a member of the IAC and provided context on why students supported the motion. All student members voted in favor of the motion. He then stated that at the beginning of the year, there was an election for the chair of the IAC and students asked the candidates if they would support adding more students to the committee. One of the candidates, Nathan Tublitz supported this addition and as a result, students worked to bring this addition forward. He also mentioned that the IAC needed stronger student representation because the ASUO gives 1.6 million dollars of their budget to the Athletics Department for student tickets. Mr. Eckstein concluded by stating that he strongly supported the motion.

The next comment came from Senator Sonja Runberg (Executive Assistant, Academic Affairs). She stated that it would be more appropriate for the motion to be discussed by the Committee on Committees. Professor Paul Simonds (Senate Parliamentarian) stated that a motion to refer must be made if Senator Runberg’s comment was to be discussed. Senate President Kyr then called for a motion to refer. Senator Runberg asked if she could make the motion, to which Parliamentarian Simonds replied she could. Senator Runberg called for a motion to refer and Senate President Kyr asked for a second from the Senate body. Senator Randy Sullivan stated that he would second the motion for the purpose of discussion. Senate President Kyr then called for a period of discussion and asked Senator Runberg to repeat her motion to the Senate body. Senator Runberg stated that the motion was to refer the matter of adding one student member to the IAC to the University Senate Committee on Committees. She believed that the Committee on Committees should be making these decisions. An unidentified Senator asked Senator Runberg why she was doing this, to which she replied that it seemed arbitrary for a committee to make a motion to add to their membership. She then stated that the Committee on Committees was the committee responsible for discussion on committee memberships and that it seemed removed and fragmented for the IAC to bring this motion before the Senate.

Senate President Kyr stated that the Senate could either vote on the motion now or send the motion to the Committee on Committees for discussion.

The next comment came from Senator Dean Walton (UO Libraries). He asked Senate President Kyr if he felt that it was the Committee on Committees job evaluate whether or not another committee needed to have an additional member added to it. Senate President Kyr stated that through the tenth year review of university committees, the Committee on Committees asked all committees to submit information regarding committee revisions. Senator Walton then asked who would make these decisions, to which Senate President Kyr replied that the Committee on Committees would have a discussion with each committee, which was what he was doing with the IAC at the beginning of the year.

Dr. David Hubin (Senior Assistant to the President) asked Senate President Kyr for permission to speak. He was granted permission. Dr. Hubin stated that he had the honor of serving on the Committee on Committees for twenty-one years. He commented that the Committee on Committees had a very important potential function. During 2001, he participated in a complete revision of the university committee structure with Senator Nathan Tublitz (Biology), Professor Anne Tedards (Music and Dance) and Professor Randall McGowen (History). According to Dr. Hubin, committees had at times been out of alignment with what the Senate was doing. At times, committees had not been the viable points of referral for legislation. The Senate received their report, acknowledged its importance, and decided to regularly examine the committee structure for both charge and membership every ten years. Dr. Hubin informed the Senate that they were entering the one hundredth anniversary of the Committee on Committees. He then stated that committees could be important and were important to a legislative body if they aligned correctly. He then mentioned that the university committee structure needed reexamination. This was also the sentiment of Interim President Berdahl. Legislation should come before the Senate and there must be a logical committee to refer it to. That committee would then come back to the Senate with a recommendation. He supported the motion to refer to the Committee on Committees.

Senate President Kyr asked Dr. Hubin if he was connecting the request of the IAC to add one student member to the function of the Committee on Committees. He then asked if Dr. Hubin if this was a watershed issue. Dr. Hubin replied that his suggestion would be that there should always be a direct cut for a standing committee of the Senate to bring an issue directly to the Senate. Senate President Kyr then asked if Dr. Hubin was implying that all committee decisions should be sent to the Committee on Committees. Dr. Hubin replied that it was a question of legislative protocol, but his contention was that if a committee were to bring forward a membership request, that request should be immediately sent to the Committee on Committees for a recommendation to the Senate.

The next comment came from Senator John Bonine (Law). Senator Bonine stated that he believed the proposal to refer the motion to the Committee on Committees was a watershed moment in which a new policy was being proposed that no such motions shall be brought before the Senate without first going through the Committee on Committees. Since that procedure had not previously been in place, Senator Bonine stated he would be voting no for the motion to refer and invited his fellow Senators to give a notice of motion for the following Senate meeting in May to discuss this procedure.

Senator Randy Sullivan stated that procedurally, the Senate was handling the referral appropriately. He believed that the motion should be referred to the Committee on Committees. According to Senator Sullivan, this option would yield more advantages politically both for the IAC and to a future University President.

ASUO President Ben Eckstein spoke against the motion to refer to committee. According to Mr. Eckstein, no action that the Senate took would preclude the Committee on Committee from doing the work described by Dr. Hubin. He did not want to delay acting on a motion that was in the best interest of students and the campus community. He believed that the referral was an attempt to stall the motion and that if passed it would not come back to the Senate before the end of the year. He strongly encouraged all Senators to vote down the motion to refer to committee.

Professor Frank Stahl (Biology Emeritus) stated that he was concerned regarding the general issue of a committee being free to change its own composition without a careful consideration of how the committee system worked. There might be occasions where a committee would find itself frustrated and, in order to relieve this frustration, would attempt to alter its composition. This type of change was dependent upon the whims of the moment and could be subject to abuse. He believed that any such request of this kind ought to go before the Committee on Committees.

Senator Glen Waddell responded to Professor Stahl’s comment. According to Senator Waddell, nothing was being accomplished in the IAC. It was his understanding that this would be the first time that such a request would be sent to the Committee on Committees. There was a protocol that would give the University President sixty days to respond were he to not allow this change to the IAC membership.

Professor Dev Sinha (Mathematics) stated that he was not a Senator. He then commented that if a matter came before the Senate that had to do with the campus grounds, the presumption was that it would go before the Campus Planning Committee. He did not see the need for a motion on this issue, but thought it was simply protocol acknowledging that no one was an expert on everything. He then stated that he was a member of the IAC and wanted to make a distinction between the changes in the charge that was proposed by the IAC when Interim President Berdahl first sent his email regarding his stance on changes to committees. Professor Sinha stated that the changes to the charge were substantial and he alluded to this being the reason for Interim President Berdahl taking such a strong stance on changes to committee structures. He also stated that the IAC did not vote to change their charge, but did vote to add one student member to the committee.

Senator Emma Newman (Student Senator) stated that she was in full support of the motion to add a student member to the IAC. She informed the Senate that students only serve on committees for one year, and she would like to see the additional student member on the IAC implemented before the end of the year so that they could serve to the best of their ability in the time remaining. She then referenced the Senate minutes from 1969. According to those minutes, the IAC moved to add three student members to their committee at a Senate meeting.

Senate President Kyr closed the discussion on Senator Runberg’s motion. Senator Runberg then called for a roll call vote. Senate President Kyr asked Parliamentarian Simonds if a roll call vote was appropriate, to which he replied that it was. Senator Glen Waddell then offered a friendly amendment to the motion. His amendment charged the Committee on Committees to report back to the Senate at the first Senate meeting in May. This amendment was accepted by Senator Runberg and seconded by Senator Sullivan. Senate President Kyr then moved to a vote on the motion. A voice vote was taken and the friendly amendment was passed unanimously. Senate President Kyr then asked for the motion to be repeated a final time for clarity. The final version of the motion was: The Senate refers the motion to add one student member to the IAC to the Committee on Committees for a report that will be given to the Senate at the first meeting in May. Mr. Eckstein made a point of clarification that if the motion was voted down; the original motion would be back on the table. All were in agreement. In order to save time, Senator Bonine asked to have a hand vote whereby all voters raise their hands and the votes were recorded. Senator Runberg insisted on having a roll call vote and called for a motion, but it was not seconded. She then agreed to have a voice vote and if it was unclear, to have a hand vote. Senate President Kyr repeated the motion a final time, and called for a voice vote. He then called for a division of the house. Those who voted aye raised their hands and were counted. Those who voted nay raised their hands and were counted. Those who abstained raised their hands and were counted. The final vote was sixteen ayes, six nays, and one abstention. The motion was referred to the Committee on Committees. Senate President Kyr asked Jim Mooney to discuss the Retirement and Emeriti Policy.   

4.2 Retirement & Emeriti Policy; John Nicols and Jim Mooney, Co-chairs; Tenure Reduction, Retirement and Emeriti Committee

Professor Jim Mooney (Law) stated that he had printed out several copies of the policy for Senators to review. He stated that one year ago, the Tenure Reduction, Retirement, and Emeriti Committee brought a slightly altered policy to the Senate who then passed the policy unanimously. He brought the policy back before the Senate with two relatively small changes in the hope that the policy would be approved a second time. The newer version was paired down considerably and it was more concise in terms of form.  He commented that the first change had to do with parking. At the time of the motion’s passing, former University President Richard Lariviere objected to the section on parking and would not sign the document because the policy offered free parking to emeritus faculty who were not currently on the payroll. This practice had been taking place for many years for all retired university employees. The committee asked for an explanation and citation of authority, but none was forthcoming. The administrative convener of the committee then brought the group together to try and resolve the parking issue between the committee and the President’s Office. With the exception of Professor Frank Stahl (Biology Emeritus) the committee members decided to concede on the parking issue and the language was changed to “the university will make every reasonable effort to continue granting to Emeritus faculty free campus parking whenever they are not on the university payroll.”

The second change to the policy was regarding the timing of achieving Emeritus status. A grandfather clause was added for those who were retiring before December 31, 2014. Faculty members who decided to retire before this date would not be subjected to the five year requirement of being employed as a full professor. After Professor Mooney presented the proposal, Senate President Kyr thanked him and the other members of the committee for their hard work and called for discussion on the policy.

Senator John Bonine asked why the word “generally” was used in the last paragraph on the first page of the policy instead of the word “as”. Professor Mooney replied that he could not think of any particularly good reason why that word was used, but he did not find it damaging in any way. Senator Bonine then asked for a friendly amendment that the word be removed. Professor Mooney agreed to the friendly amendment and the word “generally” was removed from the policy and replaced with the word “as.” Senate President Kyr then stated thank god we have a law school, and called for a motion to vote on the policy. A motion was called and seconded. Senate President Kyr then called for a vote on the policy. A voice vote was taken and the policy was approved unanimously. He then moved on to the reports portion of the meeting.  

5. REPORTS

Senate President Kyr asked Ben Eckstein to present the ASUO Report.

5.1 ASUO Report; Ben Eckstein, ASUO President

Mr. Eckstein stated that he had two updates to deliver to the Senate. The first update was regarding the controversy over the ASUO election process. Although it appeared that the election had been compromised, according to Mr. Eckstein, the AUSO was one of the most autonomous, effective, and active student governments in the country. Mr. Eckstein stated that there had been several issues with the election process, but the ASUO had systems and processes in place that were long standing and had been tested in the past to handle those types of concerns and situations.

The second issue was regarding the ASUO overhead assessment rate. His administration had been working very hard to resolve the issue regarding this rate. According to Mr. Eckstein, the overhead assessment rate had been overcharged. That overcharge amounted to more than $100,000. He advocated strongly that the money should be returned to students where it belonged. Earlier in the week, it was confirmed by the Department of Finance and Administration that the overhead charge would be corrected and the money would be returned to the ASUO. Students would decide how to spend the funds. If anyone had questions for Mr. Eckstein he encouraged them to contact him via email at asuopres@uoregon.edu. Senate President Kyr thanked Mr. Eckstein for his report.

5.2 Respectful Workplace Ad-Hoc Committee Report; Emilio Hernandez, Chair

Emilio Hernandez (Assistant Vice President, Institutional Equity and Diversity) stated that the Senate Ad-Hoc Committee on Respectful Workplace was brought together last year after a discussion in the Senate regarding a respectful workplace on campus. This was also following the letter on a respectful workplace that was sent from Linda King’s (Associate Vice President, Human Resources) office. The committee thought that a greater educational effort was needed in the area of a respectful workplace. According to Mr. Hernandez, the ad hoc committee was appointed by the Senate Executive Committee. The members of the committee are made up of various constituent groups from around campus. The members are Ben Eckstein (ASUO President), David Hubin (Senior Assistant to the President), Theodora Ko Thompson (Admissions), Harinder Khalsa (Romance Languages), Carla McNelly (Office of Multicultural Academic Success), Terrie Minner-Engle (Academic Advising), Chris Prosser (Senate Executive Coordinator) and Emilio Hernandez. He stated that the committee started their work by reviewing presentations that Human Resources provided to Officers of Administration and Classified Staff on issues that were voiced at various worksites on campus. They looked at how those issues were or were not being resolved. A few members of the committee had a meeting with Jamie Moffitt (Vice President, Finance and Administration and CFO) and Senate President Robert Kyr. At the meeting, they discussed several options for providing a respectful workplace to university employees. One of the options that the committee discussed was to employ an ombudsman, which the university used to have many years ago. Other issues will be discussed with HR representatives and the committee will return to the Senate with a more defined options package sometime in the fall. He then asked for questions and seeing none, thanked the Senate for allowing him to present the committee’s report.  

5.3 OEIB Achievement Compacts Subcommittee Testimony; Robert Kyr, Senate President

Senate President Kyr stated that he presented testimony before the OEIB Achievement Compacts Subcommittee. In his testimony, he commented that he the university wanted to work with the subcommittee in order to formulate the most effective achievement compacts possible and that the Senate was ready to work appropriately in this regard. He offered to host a gathering of all seven campuses with the OEIB. Delegates would come to campus to discuss these compacts and how they affect the lives of faculty and students.

5.4 IFS and OUS Leadership Caucus; Robert Kyr

On June 8 and 9, there will be a joint meeting of the InterInstitutional Faculty Senate (IFS) and OUS Senate Leadership Caucus. The leadership Caucus was initiated at the University of Oregon. The meeting was approved unanimously by the IFS Senators. He believed that a major healing process had begun and that the Senate should be proud for taking the initiative and trying to dispel rumors from the past. He then moved on to announcements and communications from the floor.  

6. ANNOUNCEMENTS AND COMMUNICATIONS FROM THE FLOOR

6.1 Concern regarding changes to the Center for Multicultural Academic Excellence; Rina Sundahl, Diana Salazar, Tania Sarabia, UO Truth Coalition

The presenters from the UO Truth Coalition passed out documents for the Senate to consider, and introduced themselves to the Senate body. Rina Sundahl (student) stated that they had come before the Senate on behalf of the UO Truth Coalition which was a group of students, community members, and alumni which formed as a response to the restructuring of the Office of Multicultural Academic Success (OMAS) to the Center for Multicultural Academic Excellence (CMAE). When the group found out about the restructuring, she discovered that OMAS used to be called the Office of Multicultural Affairs (OMA) which used to be called the Council for Minority Education (CME) which was formed during a meeting of the University Assembly. She informed the Senate that there were changes occurring within OMAS/CMAE, and the UO Truth Coalition wanted Senate support for students to speak with the administration in order to gain a voice in the restructuring process. Diana Salazar (Ethnic Studies student) stated that she was concerned that the Senate was not consulted in regards to the changes that were taking place even though the Senate, then called the University Assembly, originally mandated the office. There was a student committee comprised of twelve students, one community member, and one alumnus that asked the Senate to ensure that the committee had some measure of influence. Currently, they had no assurance as to their level of influence with the administration. Tania Sarabia stated that the group wanted to insure that they had a voice during the restructuring process. The three presenters thanked the Senate for their time.

Senate President Kyr stated that he would take their request to the Senate Executive Committee for a discussion and would be getting back to the presenters very soon. He thanked them for bringing the issue to his attention.

6.2 Motion regarding student athletes and sports scheduling; Ben DeJarnette, Student Athlete

Ben DeJarnette (Journalism student) stated that several student athletes had come to him to express their concerns regarding missing class. According to Mr. DeJarnette, when students miss class, many of their professors are unwilling to help them make up the work they are missing. He was in the process of drafting a policy that would deal with both issues but first wanted to vet the policy through the Intercollegiate Athletics Committee. He stated that he would be returning to the Senate in May.

Senate President Kyr thanked him for presenting his notice of motion.

6.3 Motion regarding shared governance & job postings; Frank Stahl, Professor Emeritus (Biology)

Professor Stahl (Biology Emeritus) stated that at the last Senate meeting, he gave notice of motion that he wanted the faculty at large to have the ability to make appraisals on the job performance of university administrators. He decided to drop that motion because he felt that the website uomatters.com was handling that issue very well. He also decided to forego the motion because he believed it was not fair to criticize someone for not doing their job if that job was not a part of their job description. He was annoyed that people in Johnson Hall were carrying out their jobs as if the Constitution did not exist and thought that they might not be aware of the document. Due to this possible oversight, he will bring a motion before the Senate to place on job descriptions and advertisements that draw attention to potential applicants and current employees the importance of the UO Constitution in the governance of the University of Oregon.

Senator Randy Sullivan (Chemistry) made a brief announcement. He stated that anyone who was interested in writing a proposed resolution to request that the administration withdraw its objections to the proposed faculty union bargaining unit from the Oregon Employment Relations Board, please contact him to begin the work of drafting a motion.

7. Adjournment

Seeing no further questions or comments, Senate President Kyr called the April 11, 2012 meeting of the University Senate to a close at 4:55PM.

Senate Meeting Agenda - May 09, 2012

Knight Library Room 101, 3:00‐5:00 pm

3:00 pm 1. Call to Order
         1.1 Approval of the Minutes of the April 11 Meeting
         
3:05 pm 2. State of the University
    2.1 Remarks by Interim President Robert Berdahl
    2.2 Questions and Comments with Response
         
3:25 pm 3. New Business
    3.1 Election of Senate President 2012 - 2013; John Bonine, Chair; Senate Nominating Committee
    3.2 Two Research Policies for Consideration and Vote; Beth Stormshak, Associate VP for Research
      3.2.1 Classified Research Policy
      3.2.2 Proprietary Research Policy
    3.3 IAC Motion Regarding Student Membership
      3.3.1 History and Summary of the Motion; Glen Waddell, IAC
      3.3.2 Comments from Interim President Robert Berdahl
      3.3.3 Report from the Committee on Committees; Robert Kyr, Senate President
      3.3.4 Discussion
      3.3.5 Senate Action
    3.4 Student Conduct Code; Shabd Khalsa, Student Conduct and Community Standards Committee (chair designee)
    3.5 Motion US11/12-09 Acknowledging the Constitution; Frank Stahl, Biology Emeritus
         
4:15 pm 4. Open Discussion
    4.1 Update on Unionization; Peter Keyes, Member of the University of Oregon Faculty Union Coordinating Committee
   
4:30 pm 5. Reports
    5.1 ASUO Report; Ben Eckstein, ASUO President
    5.2 Update on a Change in Practice regarding Public Records; Bill Harbaugh; Chair, Senate Transparency Committee
    5.3 Update on Remaining Policies for May 23 Senate Meeting (Kyr)
    5.4 Update regarding the Tenth Year Review - Committee on Committees (Kyr)
         
4:45 pm 6. Announcements and Communications from the Floor
    6.1 Notice of Motion: Consideration of Voting Rights for Retired and Emeritus Faculty Members; Marie Vitulli (Professor Emerita, Mathematics) and Sarah Douglas (Professor Emerita, Computer Science)
    6.2 Notice of Motion: No Coal Resolution; Emma Newman, Student Justice League
         
5:00 pm 7. Adjournment
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