Minutes of the UO Senate Meeting for January 16, 2013

Minutes of the UO Senate Meeting 13 January, 2013

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

Present:

Absent:

Excused:

1. CALL TO ORDER

Senate President Robert Kyr (Music & Dance) called the meeting of the University Senate for January 16, 2013 to order at 3:02PM in room 101 of the Knight Library. He mentioned that the signup sheet was being circulated and asked all Senators to please sign in as they were taking their seats.

1.1 Approval of the Minutes of the November 7 & December 5, 2012 Senate Meetings

Senate President Kyr postponed the approval of the minutes. He felt that Senators had not had sufficient time to review the minutes and wanted to give them ample time to do so.

2. STATE OF THE UNIVERSITY

Senate President Kyr delivered a message from President Gottfredson, who could not attend the Senate meeting. The message is displayed below in its entirety.

“Dear Senate President Kyr,

As you know, I am unable to attend the January meeting of the Senate. I therefore write in accordance of provisions of the UO Constitution to provide my commentary on three resolutions passed at the December meeting of the University Senate.

First, Senate action on US12/13-10, a resolution that expresses support for the prioritization of classroom space in future construction projects at the University of Oregon. I accept the recommendation within the resolution that classroom space be a priority in planning. The Straub and Earl Halls classroom expansion project, which is the universities highest priority capital project for the 2013 Legislative Session and the second highest priority for the State Board of Higher Education will add significant classroom space. As you know, more and more learning occurs outside traditional classrooms. Other high priority projects include the science commons and research library expansion and remodel, the Chapman Hall renovation, the seismic upgrade and deferred maintenance project, the Huestis Hall second floor renovation, and the Global Studies Building. I have attached the proposals presented to the State Board of Higher Education regarding these five projects. They reflect the university’s strategic priorities. (Senate President Kyr stated that he would send the President’s letter to all Senators)

Second, Senate action on US12/13-09 a resolution that expresses support for the prioritization of increased study space for the growing student population. I accept this recommendation and look forward to working with the appropriate persons toward accomplishing the stated goals.

Third, Senate action on US12/13-08, support for maintaining 4J neighborhood schools. I appreciate that individual faculty members are engaged in the larger community, and that they are speaking out on matters that affect the community, however the university will not take an official position on this issue. The Senate resolution is an expression of the opinion of that body and of those individual Senators who voted for it.

All the best,

President Michael Gottfredson”

Senate President Kyr thanked President Gottfredson for his report. He was very grateful for a President who responded immediately to motions passed by the Senate. He also thanked those who brought resolutions before the Senate. Senate President Kyr stated that the President was very busy with the upcoming Legislative Session and would not be able to attend the March Senate meeting as well. He then invited Provost James C. Bean to present his remarks to the Senate.

2.1 Remarks by Provost James C. Bean

Provost Bean remarked that the Academic Plan generated three primary goals. The first goal was to maintain and improve the quality of the university’s metrics relative to staying in the AAU (American Association of Universities). Those issues had come more into focus and President Gottfredson was very committed to significantly improving those metrics. Both the Provost and the President believed that research was a primary goal of a research one university and for the UO to adequately compete at a high level, significant progress in research of all types must be made in regards to their metrics. Over the next several months, discussions were beginning regarding significant organizational changes that he hoped would increase the university’s ability to compete. There had been issues within the research community over the past several months. The Provost charged a research advisory panel chaired by Edward Kameenui (Associate Dean of Research and Outreach) and Gerry Richmond (Chemistry). He stated that the panel had done a fabulous job and submitted a report which examined the organizational changes ongoing at the institution and how that complicated communication. New policies were being developed to clarify the relationships between Deans and the Vice President for Research and Innovation in an attempt to streamline and focus the UO’s ability to expand the research enterprise.

A second issue mentioned by Provost Bean was the continuation of CLLAS (the Center of Latino and Latin American Studies). He stated that there had never been any discussion about not continuing the center. The center’s original three year funding support ended this year, which came at a time when the university was undergoing a great deal of reorganization of several centers and institutes. Meetings had taken place regarding the support of CLLAS, and he was confident that things would be sorted out and the great work that CLLAS had done would not only be recognized, but would be expanded in the near future. The Provost commented that the enrollment of Latino students at the UO over the past several years had increased dramatically and CLLAS deserved a portion of the credit.

Finally, the Provost discussed head count increases at the university. One of the data pieces that he presented at the December Senate meeting was correct but wrong. He explained this statement and said that statistically the number presented was correct, but upon further review, he realized statistical anomalies in accounting had masked an issue that he had been investigating since the December meeting, which he was concerned about. The area of concern was the growth of OAs (Officers of Administration) on campus. His previous figure was just over 1% growth, but did not take into consideration that fifty three librarians had been transferred from OAs to NTTF (Non-Tenure Track Faculty). The Provost reran the numbers taking this into consideration and what was uncovered was a significant increase in OAs, which was a great deal more than he had been aware of. His office spent time trying to figure out why this had happened and part of the reason was due to a one year comparison. He decided to look at the last five years and the compounded percentage growth in various areas. During this period, UO students had grown at a compounded rate of approximately 4.2%. Faculty had increased by 3.9% per year, which was divided into 2.9% for tenure track faculty and 4.7% annual growth for non-tenure track faculty. Schools and colleges had additional resources to hire faculty, but it was much more labor intensive to higher tenure track faculty. The Provost mentioned that several schools and colleges had major plans to hire additional tenure track faculty in the future. Librarians had grown at 2.2% per year. Classified Staff had grown at 2.5% per year. Graduate assistants had grown at 4.5% per year. Student work studies had grown at 6.1% per year. He then mentioned that overall, OAs had grown at 4.8% per year, which was slightly higher than student growth. In central offices OAs had grown at 4.3%, which was virtually identical to student growth and in the schools and colleges OAs had grown at 7.2% per year. Significant growth had been taking place where tuition dollars had been flowing. In one respect, he felt good about these new hires because they were taking place close to where the mission of the university lay, but he was also concerned that the growth rate was so much higher than that of students and he wanted to see more attention placed on new faculty hires.

Over the last twenty-four hours, Provost Bean asked Unclassified Personnel Services to provide him with information regarding what had transpired regarding OA growth during the past year. He reported that the high rate of OA hiring had continued with forty-eight new position being created already during the 2012-2013 year. He considered this number to be quite high, and his office was going to be looking at ways to control this rising percentage. One positive point mentioned by the Provost was that the UO’s staffing levels had been returning to what they were before the recession and student increases. He then asked for questions from the Senate body.  

2.2 Questions and Comments with Response

Senator Gina Psaki (Romance Languages) asked for a point of clarification. She wanted to know if the forty-eight OA positions mentioned by Provost Bean were newly created positions or replacements. Provost Bean replied that those were new positions.

Senator Randy Sullivan (Chemistry) thanked the Provost for assembling the numbers and asked if it could be posted to the Senate website, to which Provost Bean replied that he would be sending the information out in an email to the campus community and would be posting all data soon.

An unidentified speaker asked if some of the OA positions could be reclassifications, to which Provost Bean replied that was a possibility and that some of the new positions had been reclassified, but he was unsure of how many.

Seeing no further questions, Senate President Kyr thanked Provost Bean for his remarks.

2.3 Remarks by Senate President Kyr

2.3.1 Election of Senate President-Elect

Senate President Kyr reminded the Senate that there were still no candidates for the Senate Vice Presidency. He implored the Senate to help him to identify potential candidates for this extremely important position. His term was ending in May and candidates needed to be identified. Once identified, a conversation would take place entailing all responsibilities of the position. Senate President Kyr also mentioned that the Ten Year Review of all university standing committees was taking place and workloads were being reexamined across the university in terms of service. This review would help to redefine the Senate President’s job as well. He again asked Senators to help him to identify candidates for a possible election at the February Senate meeting. He then mentioned that the Senate Vice President would serve on the Committee on Committees, which was carrying out the Ten Year Review.

2.3.2 Search for Senate Executive Coordinator

Senate President Kyr informed the Senate that due to the Ten Year Review, the remainder of the work for the 2012-2013 year in the position of Senate Executive Coordinator would be done by Christopher Prosser (former Senate Executive Coordinator), who was now a doctoral student at the University of Texas at Austin. Senate President Kyr stated that Mr. Prosser would be working closely with the Senate and that he knew the system very well. Joining him would be Harlan Mechling (student) who was a member of the Senate Executive Committee from 2011-2013 and the ASUO Director of Academic Affairs. Harlan would be working with the Senate through his work-study appointment. The newly elected Senate Vice President would then be tasked with finding one person to perform the duties of the Senate Executive Coordinator. He hoped that that person would begin on June 1, as the election for the next Senate Vice President would take place during May, 2013. He believed that this arrangement would work extremely well. He then invited Yvette Alex-Assensoh to the Senate floor to present her remarks.

3. OPEN DISCUSSION

3.1 Yvette Alex-Assensoh, Vice President for Equity and Inclusion

Ms. Alex-Assensoh thanked President Kyr and the Senate for allowing her to address them. She informed the Senate that not only was she the Vice President for Equity and Inclusion, but she was also a faculty member in Political Science and had had a career as a professor of Political Science at Indiana University for eighteen years before coming to Eugene. In that capacity, she understood the tremendous work done by Senators, not only in terms of teaching and research, but by also taking on additional service responsibilities. She then stated that the Office of Equity and Inclusion, which was originally the Office for Institutional Equity and Diversity, was comprised of five different units: the Central Unit in Johnson Hall, the Multicultural Unit in the EMU (Erb Memorial Union), the Longhouse, CODAC (Center on Diversity and Community), and the Center for Multicultural Academic Excellence, which used to be OMAS. The work done in those offices served all aspects of campus in the community, and one important task that her office was trying to accomplish was to make sure that all five units communicated effectively. Her philosophy was based on four principles. The first was that the work of inclusion must be inclusive. Historically, similar offices had dealt with issues regarding race and ethnicity, which were extremely important issues and would remain a part of her portfolio. In addition to race and ethnicity, there were issues of class, religion, nationality, sexual orientation, etc… According to Ms. Alex-Assensoh, an office of Equity and Inclusion must be attentive to these aspects of identity. Her second principle involved working rigorously and engaging in best practices. Her third principle involved iterative work. Initially, policies and programs may be problematic, but it was important to keep trying. Her fourth principle was that equity and inclusion was everyone’s job. This was one of the real changes that she hoped would be coming out of her office. She wanted to make sure that her office was empowering every member of the campus community to become involved in equity and inclusion.

Ms. Alex-Assensoh stated that restructuring was not an easy task, and asked for questions from the Senate body.

3.2 Questions and Comments with Response

Senator Kassia Dellabough (AAA) was concerned with issues of transparency regarding the recent changes that were made in Ms. Alex-Assensoh’s office. She stated that she was aware, but not well educated about the constrains that Ms. Alex-Assensoh may have had to deal with in terms of making decisions regarding personnel that did not allow any kind of participation or communication. She then asked Ms. Alex-Assensoh to address the ways in which she would include the community in implementing her vision so that when members of the campus community were not side swiped when discussing issues of equity and inclusion.

Ms. Alex-Assensoh replied that Senator Dellabough was absolutely right that certain aspects of decision making and leadership were not as transparent as they should be. One of those areas dealt with personnel. She had asked her students if they would want employee changes to be made public, to which they replied no. According to Ms. Alex-Assensoh, those personnel were three of six or seven in her office and did not all involve persons of color. She then stated that there would be plenty of opportunities for faculty, students, and staff to engage with her. Since her arrival in early August, she had been on a listening tour through various faculty meetings. She also commented that there were other opportunities for faculty, students, and staff to serve on advisement boards and she encouraged all to participate in these endeavors.

The next question came from Senator John Bonine (Law). He stated that there was no question that personnel matters were not an issue for the Senate to discuss. Structure was an appropriate issue and he believed that Ms. Alex-Assensoh was making structural changes. He wanted to know if there were ways in which she planned to consult various constituencies on campus regarding her re-structuring plan.

Ms. Alex-Assensoh replied that she had been using and was going to continue to use a system of advisory boards that contained cross-campus representation. She stated that it was important to recognize, with respect to the work of her office, that there were certain necessary goals no matter what, and two of those goals were equity and inclusion. She recently visited several student groups to discuss her plans. She was also inviting people to sign up for service and her website offered a solicitation service. Ms. Alex-Assensoh asked if there were any other comments or questions that she might not have thought of in respect to Senator Bonine’s question.

Senate President Kyr asked for further questions or comments from the Senate body.

Senator Gina Psaki (Romance Languages) stated that there was concern for widespread consultation in areas that many were deeply invested, and she believed that this concern was not going to be answered by advisory boards, which by their nature were a small number of people. One of the great misfortunes of the university was that everyone was so busy and understaffed that people often hear about decisions after the fact. She recommended that Ms. Alex-Assensoh continually develop methods for larger groups to weigh in on issues coming out of her office. Ms. Alex-Assensoh thanked Senator Psaki for her recommendation. Seeing no further questions, Senate President Kyr thanked Ms. Alex-Assensoh for her presentation.

Before moving on to the New Business portion of the meeting, Senate President Kyr briefly discussed the proper protocol for presenting motions. He read through a document prepared by Senate Parliamentarian Paul Simonds (Anthropology Emeritus), which is listed below:

PROTOCOL REGARDING MOTIONS

1. When a NOTICE OF MOTION is made, the motion is the property of the makers and no debate of the motion in the senate is proper.

2. The motion becomes the PROPERTY OF THE SENATE when it is moved and seconded and presented to the senate by the president (can be done by putting it on the screen)

2A. At this time the motion is up for debate and the maker of the motion is given the floor to make her or his case first. Then the president of the senate recognizes others to debate the issues.

2A1. When a senator has the floor, he or she may move to amend the MAIN MOTION. If there is a second, the debate is on the AMENDMENT to the main motion. Similarly an amendment to the amendment may be moved, seconded and debated but never a third level of amendments. (It gets too messy and the amendments already moved must be settled. Then a new round of amendments may begin, if necessary)

2A2. FRIENDLY AMENDMENT: The so-called friendly amendment must be unanimously agreed to by the whole senate. This is because once the main motion has been moved, seconded and presented to the senate, it is the property of the senate and can no longer be changed by the mover of the motion. If ANY senator disagrees with the proposed friendly amendment, it must be voted on by the whole body after there has been a chance to discuss its merits. If you have a good idea for an amendment to the main motion, move to amend as in section 2A1 above. It is often quicker and less confusing. Friendly amendments are typically useful only when minor changes are proposed (slight changes in wording that do not substantially change the main motion) and unanimous agreement is likely.

3. When the president of the senate decides either the debate has wound down or time has run out, she or he calls for the vote. It is not necessary (and often confusing) to move the previous question [move to end debate and vote] before voting on amendments or the main motion. Each level of amendment is voted on before voting on the MAIN MOTION as amended (if the amendments pass).

 

3A. If a senator has the floor (recognized by the president) he or she may move the previous question (to end discussion and vote) if she or he feels the debate has gone on too long. It must be seconded and is not subject to debate.

After reading the document, Senate President thanked Parliamentarian Simonds for preparing the document and for clarifying motion protocol.

Senator John Bonine (Law) commented that a Senator might suggest to the Senate President to call for a vote, which was different than moving for a vote on a motion. This could be accomplished by a Senator calling the motion to question, which would not require a second.

Senator Huaxin Lin (Mathematics) asked if the motions protocol could be posted on the internet, to which Senate President Kyr stated that the document would be posted to the Senate website.

4. NEW BUSINESS

4.1 Decision regarding Policy for Review: Data Access; Robert Kyr, Senate President

Senate President Kyr stated that the Senate Executive Committee had viewed the policy and deemed it unnecessary for Senate review, as it did not pertain to academic matters. He invited Professor Nathan Tublitz (Biology) to the Senate floor to present his motion.

4.2 Motion (Legislation): Performance Review of Provost James C. Bean; Nathan Tublitz, Professor (Biology)

Professor Tublitz moved his motion to the Senate floor, which was seconded. Professor Tublitz read his motion out loud to the Senate body, whose language can be found at the link above. He then stated that the Senate passed a motion (US12/13-04) in November stating that all executive administrators should undergo reviews on a regular basis. His motion was a follow up to that motion, which stated that the first of those reviews should be the Provost. He then discussed two reasons for this. The first reason was a symbolic one in that the Provost was the chief academic officers at the university, and as such, he believed it was important to begin the reviews at the top. The second reason was one of substance. According to Professor Tublitz, Provost Bean, throughout his tenure at the university had never undergone a performance review, and he thought it was important that everyone on campus undergo reviews from time to time.

Professor Tublitz stated that there was precedence for this kind of review for senior administrators, but Russ Tomlin (former Senior Vice Provost for Academic Affairs) had undergone a similar review, and he thought the entire university benefited from that review. He then reiterated that the reviews should begin with the Provost, and asked for questions from the Senate body.

The first comment came from Senator Robert Elliot (American English Institute). He wanted to know if there was a reason why no review had been given for the Provost, to which Professor Tublitz replied that it was asked for by two previous UO Presidents, but for whatever reason, the reviews had not taken place.

Senator Gina Psaki (Romance Languages) wanted to know the logic of an ad homonym motion, to which Professor Tublitz replied that the motion passed by the Senate in November was a global motion for all administrators, his motion was more specific.

Senator Charles Martinez (Education) asked for a point of clarification and stated that the President had responded positively to motion US12/13-04, which was previously adopted by the Senate, and wanted to know if there had been a request from the Senate to have the President articulate what his plan was for sequencing reviews. He thought the President might have a different take on who should be the first to be reviewed, and wanted to know if that discussion had taken place.

Senate President Kyr remarked that the executive review committee had been formed, which was a part of Motion US12/13-04, and they would be meeting in the following weeks. The President had prepared a statement for the committee, which suggested a starting place relating to reviews for executive administrators.

Senator Martinez then asked if that information made Professor Tublitz’s motion timely or untimely. He was not sure if the committee, working together with the President, should decide who should be reviewed first or should the motion presented by Professor Tublitz decide. Senate President Kyr replied that the President was strongly supportive of executive administrative reviews, but he had not seen a list of names of who would be reviewed and when.

Senator Huaxin Lin (Mathematics) commented that the Senate had already passed a motion that specifically stated that all senior administrators would be reviewed. He then remarked that Professor Tublitz’s motion was a subset of the previously passed motion and seemed redundant to him.

Senator Bill Harbaugh (Economics) stated that he had had difficulty obtaining reviews that had been completed and was not able to obtain a copy of the review process implemented by Russ Tomlin (former Senior Vice Provost for Academic Affairs). He then commented that it was going to be a difficult process for determining a comprehensive process of reviewing many people. He believed that Senator Tublitz’s motion was completely appropriate given the importance of the Provost’s position and the fact that faculty had not been able to weigh in on his performance.

Senator John Bonine (Law) commented that according to the Protocols of the Motion document displayed earlier from Parliamentarian Paul Simonds (Anthropology Emeritus) the maker of the motion should not stand up in front of the room as if s/he was running the meeting. He suggested that Professor Tublitz should take his seat in the spirit of liberating the discussion. He then commented that Motion US12/13-04 stated that the President would create an ad hoc committee to develop a flexible policy for regular review, etc… Senator Bonine then asked if a committee had been appointed, had that committee met, and were they working on a policy that included catch up reviews.

Senate President Kyr replied that the committee had been appointed, but was smaller than he had hoped. The members of the committee were Senator Bill Harbaugh (Economics), the maker of the motion, Margie Paris (Law), Julie Newton (Associate Dean for Undergraduate Affairs), Douglas Blandy (Senior Vice Provost for Academic Affairs), and Senate President Kyr. The first meeting was taking place during the coming week in which the topics of catch up review, and other topics contained within the motion including the document prepared by the President were to be discussed.

Senator Bonine then asked if Senate President Kyr could estimate when catch up reviews were beginning. Senate President Kyr believed that the motion had a certain degree of urgency and as such the committee was going to move forward with the review process.

Provost James C. Bean (Senior Vice President and Provost) stated that both he and President Gottfredson were very committed to reviews of senior academic administrators. According to the Provost, all reports to his office were up to date. He then commented that it had not been the tradition at the university that Presidents had reviewed Provosts, and President Gottfredson was changing that sentiment. The President would review the Provost according to policy established by the Executive Review Committee.

Senate President Kyr asked Senators to offer their comments to the Executive Review Committee if they had them, as all comments were welcome.

Senator John Bonine (Law) commented that in reading the November 2012-2013 minutes, there was mention of both personnel and performance reviews. According to Senator Bonine, personnel reviews were personal and confidential, but the Senate was discussing performance reviews, which presumably was something different. He then asked if there was a distinction between performance and personnel reviews, and if performance reviews had never been undertaken, was everyone subject to a performance review.

Senate President Kyr replied that these questions would be addressed by the committee, and mentioned that Motion US12/13-04 included the language “performance reviews,” not “personnel reviews.”

Senator Randy Sullivan (Chemistry) commented that when he was a child, his mother frequently asked him to clean his room, to which he agreed, but did not do it. One week later, she again asked him to clean his room. He stated that he was strongly in favor of the “policy” of cleaning his room, but he never cleaned his room until he was forced to do so. He then stated that he was unsure about the timing on Professor Tublitz’s motion, but he believed it was important to remind the administration that at some point, the Senate would grab administrators by the collar and say “now.” He then commented that this would be done in a collegial manner.

Senator Amy Jones (Student Senator) spoke in favor of Professor Tublitz’s motion. She believed that now was the time to put the review process into motion, especially if future administrators were to be held accountable. She again spoke in favor of the motion.

Professor Tublitz (Biology) stated that President Gottfredson, through Provost Bean and Senate President Kyr, had said that he was in favor of a review of administrators. He then reiterated Provost Bean’s statement that the President was going to initiate a review of the Provost. In light of this information, Professor Tublitz stated that his motion was both timely and appropriate and asked Senators to consider voting “yes” on his motion.

Senator Bonine moved to table Professor Tublitz’s motion until the February meeting when the Senate would act on the motion. He stated that the Executive Review Committee was supposed to come up with a policy for reviewing senior administrators by the next meeting, and if it failed to do so, then the motion seem more relevant. If the committee came up with a policy, then the Senate would have a decision to make. Senator Bonine asked Parliamentarian Simonds if this was possible, to which he replied that Senator Bonine could move to table the motion until the next meeting, but it required a second. Senator Bonine’s motion was seconded.

Senate President Kyr called for a vote on the tabling of Professor Tublitz’s motion. A voice vote was taken and the motion to table passed with three “nay” votes.

Senate President Kyr stated that the committee would have a substantial report for the Senate at the next meeting, but he could not guarantee that an entire policy would be completed by February. He then thanked Professor Tublitz for presenting his motion, and called Senator Bill Harbaugh (Economics) to the Senate floor to present his motion.

4.3 Motion (Resolution): Data and Documents for the IAC and Clarifying FERPA; Bill Harbaugh, Professor (Economics)

Senator Harbaugh moved his motion to the Senate, which was seconded. He then stated that faculty members on the IAC (Intercollegiate Athletics Committee) and the chair of the IAC had been trying to obtain data from the Registrar and the Vice President for Student Affairs that would allow them to view the academic performance of student athletes and compare that data to the academic performance of non-athlete students. In August, the committee was able to obtain partial transcript data on student athletes only, but it did not allow the committee to make comparisons with regular students. In October, after much back and forth, the IAC asked the registrar for data on all UO students on a wide variety of criteria, while excluding student names and ID numbers. He believed that these requests were standard, and stated that in the past, faculty had been able to obtain such information without difficulty. He had been told that FERPA (Family Educational Rights and Privacy Act) prevented faculty members from viewing student records, which he found shocking because faculty created student records by giving grades. Senator Harbaugh then commented that other Senate committees had been granted access to these data sets. He then read the motion to the Senate body, which can be viewed at the link above.

Senate President Kyr called for a period of discussion on the motion.

Senator John Ahlen (Classified Staff) wanted to know if there was any documentation from the Office of the Registrar that the IAC’s request violated FERPA regulations. He also wanted to know if the information would become public record once it was requested.

In response to Senator Ahlen’s first question, Senator Harbaugh replied that the IAC had been told by the Office of the Registrar that the general counsel had interpreted FERPA regulations to read that the committee would not be allowed to view the student information. A statement was also issued from the Vice President of Student Affairs that according to her interpretation of the IAC charge, the committee did not need the student information that they had requested. In response to Senator Ahlen’s second question, Senator Harbaugh replied that the student records were already public records, but they were exempt from disclosure and would continue to be exempt.

Senate President Kyr asked if the IAC had a written opinion from the Office of the General Counsel, to which Senator Harbaugh replied that he had not seen any written response from that office.

Senator Charles Martinez (Education) asked if the core issue was regarding the definition of “educational interest” as stated in the US Department of Education’s interpretation of the FERPA Act, to which Senator Harbaugh replied that he had received emails stating that people did not believe that the IAC should be allowed access to the data requested. No one had specifically mentioned the phrase “educational interest.” Senator Martinez wondered if the motion should be about establishing educational interest instead of its current aim, to which Senator Harbaugh replied that he did not think the Senate should have to reaffirm the IAC’s charge. He was merely trying to implement the charge by collecting the data.

Senator Ronald Mitchell (Political Science) commented that it would be nice if a level playing field was established by including a member of the administration who could state why pushback was taking place on this issue. It was difficult for him to make an informed judgment on the issue when only being presented with one side. Senator Harbaugh replied that he had asked both Randy Geller (General Counsel) and Robin Holmes (Vice President for Student Affairs) to attend the Senate meeting to explain their emails, but they both had declined his invitation. Senator Mitchell recommended that the Senate should work closer with the administration to improve the flow of information exchange.

Senate President Kyr offered a point of clarification to Senator Mitchell’s comment regarding the Senate working better. Senate President Kyr stated that it was the IAC who was asking for the information, not the Senate.

Senator John Bonine (Law) stated that it was his understanding after reading Senator Harbaugh’s motion that it was not asking for personally identifiable data and therefore, the question of educational interest was not an issue, however if the holder of the information considered it to be personally identifiable, then the question of educational interest became an issue to be resolved. He then commented that to the degree that the motion said that it was not asking for personally identifiable information, that point would not be associated with the question of educational interest. It should be aggregated in such a way that no personally identifiable information could be acted out.

Senator Bonine then commented that he agreed completely with Senator Mitchell’s sentiment that administrators should attend Senate meetings to provide their side of the story. He then asked the Provost, who was a representative of the administration and a member of the faculty, to instruct these administrators to attend the Senate meetings and respond or to send a written reply to these notices of motions so that the Senate could hear both sides of the story.

Provost James Bean commented that these issues dealt with problems of communication and stated that Senate President Kyr met with administrators before Senate meetings and they needed to do a better job of running through the agenda items and trying to schedule the appropriate people to attend the meetings. He was not aware of any resistance from administrators to attend Senate meetings aside from scheduling conflicts. The Provost then commented that the UO Constitution offered a solution to the motion. If the motion was passed, it went to the President who would either accept and implement it or reject it and offer a reason why as he did today. The Provost suspected that the President would ask Randy Geller (General Counsel) for his interpretation of the FERPA Act as part of the process.

Senator Will Steiner (Student Senator) stated he took issue with the language of Senator Harbaugh’s motion and asked if the survey mentioned in the motion compared athletes with regular students, to which Senator Harbaugh replied that the survey compared the choices and performance of athletes with regular students. By including regular students, they would be able to include controls for SATs scores and other items. Senator Steiner offered a friendly amendment to change the language of the motion from “regular students” to “non-student athletes,” and mentioned that the ASUO ran into a great deal of trouble when they had previously used the term “regular students.” Senator Harbaugh accepted his friendly amendment, and moved that the friendly amendment be accepted by the Senate. Senate President Kyr called for a voice vote on the amendment. A voice vote was taken and the amendment passed unanimously.

Senate President Kyr called for further points of discussion on the motion. Seeing none, he called for a vote on the motion. A voice vote was taken, and the motion passed unanimously. He then invited Senator Kassia Dellabough (PODS) to the Senate floor to present the next motion.

4.4 Motion (Legislation): UO Representation on the Interinstitutional Faculty Senate (IFS); UO Senate Executive Committee, Kassia Dellabough (PODS), SEC member

Senator Kassia Dellabough (PODS) moved the motion to the Senate and called for a second. Her motion was seconded and she then stated that the motion insured three university Senators on the Interinstitutional Faculty Senate (IFS). She then read the contents of the motion to the Senate, which can be found at the link above.

After Senator Dellabough presented the motion, Senate President Kyr called for a period of discussion on the motion.

Senator Richard Margerum (PPPM) wanted to know the status of this motion given the probability of an independent governing board being established at the university, to which Senate President Kyr replied that the OUS system was shifting. The IFS was defined in relationship to the OUS system. He then stated that the idea of the motion was to insure UO representation on the IFS given any scenario. He believed that the most fruitful representation would be the Senate President, Senate Vice President, and a tenure track Senator.

Senator Huaxin Lin (Mathematics) asked what TTF meant, to which Senate President Kyr replied that it meant Tenure Track Faculty.

Senator Ali Emami (Finance) wanted to know if there was any specific reason why the third IFS Senator needed to be a tenure track faculty member. Senate President Kyr replied that historically, that had been the case. Senator Emami then commented that there had been an NTTF (Non-Tenure Track Faculty) IFS Senator several years ago. He then asked that the motion be amended to include all members of the Statutory Faculty Assembly for the third IFS Senate seat from UO.

Seeing no further questions, Senate President Kyr called for a vote on the motion. A voice vote was taken and the motion passed unanimously. He then invited Professor Frank Stahl (Biology Emeritus) to the Senate floor to present his two motions.

4.5 Motion (Legislation Resubmitted): Release Time to Enhance Senate Effectiveness; Frank Stahl, Professor Emeritus (Biology)

Professor Stahl read his motion to the Senate body, which can be found at the link above. After reading his motion, he asked for a second. His motion was seconded and he then commented that it was important that Senators be free of teaching duties during Senate meetings. Senate President Kyr called for discussion on the motion.

Provost James C. Bean (Senior Vice President and Provost) asked if Professor Stahl intended that no classes were to be offered between the hours from 3-5pm on Wednesdays. He then commented that he was concerned with classroom utilization. Professor Stahl replied that this was not his intent. His motion asked that Senators not be assigned to teach classes during Senate meetings. Classes would still be given, but Senators would not be assigned to teach during those times.

Senator John Bonine (Law) believed that what Professor Stahl was saying was that once a month, a Senator was completely free to reschedule his or her class. Professor Stahl replied that if the work could be rescheduled between the student and the teacher satisfactorily, that would be perfectly alright with him.

Senator Ali Emami (Finance) stated that such an agreement could be established between a teacher and student without Professor Stahl’s motion, and he moved that the motion be tabled indefinitely, to which Professor Stahl replied that he wanted teachers to have the full backing of the Senate so that teachers in all departments would understand that they have that right to attend Senate meetings under legislation. He was interested in protecting teachers/Senators.

Senator Huaxin Lin (Mathematics) commented that Professor Stahl’s motion was still unclear and offered a scenario that he hoped Professor Stahl could clarify. Senator Lin stated that if his department assigned him teaching duties from 3 – 5pm on Wednesdays, was he responsible for rearranging his schedule, or should he not have been assigned to teach during that day and time.

Professor Stahl asked if anyone else in the Senate thought the wording of his motion was obscure. An unidentified person questioned Professor Stahl, who replied that if a Senator was assigned a class, the chairperson who assigned the class would understand that because that person was a Senator, he or she would be free to not attend that class whenever the Senate was in session. Knowing this, the chairperson would presumably have assigned teaching duties at a time that did not conflict with the Senate meeting.

The unidentified person offered an amendment to the language of the motion to include the phrase “by the administration of the Senator’s union” after the word “rescheduled” under the MOVED portion of the motion.

After making his amendment, Senate President Kyr replied that he did not understand the amendment, at which point Professor Stahl asked if there were teachers who had experience and could inform him as to whether the amendment changed the operation of the motion as written.

Senator John Bonine (Law) suggested leaving the sentence as written, and adding a sentence that stated “All of those who schedule faculty members to teach shall cooperate to promulgate this policy.” He then commented that a Senator was not responsible for others complying with faculty legislation. If the motion was accepted by the President, it was essentially a command to be followed by others at the university, and the Senate was making that explicit that this policy shall be implemented by all persons making such assignments. He then asked Professor Stahl if the sentence, “This policy shall be implemented by all persons making such assignments,” could be added to the motion, to which Professor Stahl replied that he was constitutionally opposed to things that were already clearly explicit, but he would not object if Senator Bonine made such a motion, it was seconded, and approved by the Senate, but he would not accept it because he felt it was totally unnecessary.

Senator Amy Jones (Student Senator) stated that it was very important for every Senator to attend Senate meetings, but she took issue with the fact that classes would be canceled for students who paid a great deal of money to attend the university. While some students would appreciate having classes canceled, she hoped that professors would attend every class. She asked that classes not be held during Senate meetings, or if it must be so, that a replacement professor or guest lecturer be found.

Senate President Kyr commented that the period of discussion was coming to a close and no one had moved their amendments. He strongly urged Senators to take action on this motion.

Ken Doxsee (Associate Vice Provost for Academic Affairs) echoed Senator Amy Jones concern and stated that he was very supportive in finding ways for Senators to attend meetings. Regarding scheduling, he stated that the scheduler was ultimately responsible for matching classes with room assignments; he was concerned with the scheduler’s role in trying to reschedule or avoid scheduling Senators into class periods given the incredible number of restraints that were already on the shoulders of the scheduler. He was also concerned with the rescheduling of courses. He was not sure how that would feature into the collective bargaining agreement, but it was worth considering whether or not that would be allowable.

Senator Gina Psaki (Romance Languages) commented that if a member of the faculty was elected to serve on the Senate, then the Senate came first. Senator John Bonine commented that to him, the motion was clear, and if rescheduling needed to take place, it would be handled by the faculty as was the current practice. He then commented that the Senate should not be concerned with the university scheduler and that classes should be held when the Senate meets. Senator Bonine stated that he was ready to vote on the motion.

Senate President Kyr called for a vote on the motion. A voice vote was taken and the motion passed with 5 nay votes.

4.6 Motion (Legislation Resubmitted): Modification of Fiscal Impact Statement; Frank Stahl, Professor Emeritus (Biology)

Professor Frank Stahl (Emeritus Biology) read his motion to the Senate body, which can be found at the link above. He believed that there were people who had not brought very important motions to the Senate because they did not know how to calculate a meaningful cost estimate of their motion. If the Senate Executive Committee (SEC) found that a fiscal impact statement was important, then the SEC would help the sponsor of the motion in calculating a fiscal impact statement.

Senate President Kyr called for a period of discussion on the motion. Seeing no discussion, he called for a vote on the motion. A voice vote was taken and the motion passed with 1 nay vote and 2 abstentions.

Senator John Bonine (Law) commented that some Senators do not vote when asked to vote.

5. REPORTS

Senate President Kyr invited Harlan Mechling (ASUO University Affairs Director) to the Senate floor to deliver the ASUO Report on behalf of ASUO President Laura Hinman.

5.1 ASUO Report; Laura Hinman, ASUO President

Mr. Mechling apologized to the Senate regarding a miscommunication that had taken place between he and Ms. Hinman. He did not have her notes and was not able to deliver the ASUO Report. The report would be delivered at the Senate meeting in February.

Senate President Kyr thanked Mr. Mechling and invited Senator Gordon Sayre (English) to the Senate floor to deliver the UA Senate Liaison Committee Report.

5.2 UA Senate Liaison Committee; Gordon Sayre, Professor (English)

Senator Gordon Sayre (English) stated that he was proud to represent United Academics at the Senate meeting. The Union had begun collective bargaining during the fall term and the meetings were continuing into the winter term. The bargaining meetings took place every other week on Tuesday and Thursday mornings from 8am – 12pm. He recognized Senator Gina Psaki (Romance Languages) as a member of the bargaining team.

Senator Sayre commented that the bargaining was proceeding slowly and a great deal of work was left to accomplish before the end of the year. The committee had presented thirty proposals, all of which could be found at the UAUO website under the bargaining tab. He encouraged members of the faculty to read through their proposals, and to pass along their comments to the members of the bargaining team. Tentative agreements had been reached on two of the thirty proposals, which were regarding consultation and separability. According to Senator Sayre, the administrative team had submitted five counterproposals, and many of the thirty proposals were based on the universities current policies and practices. Their intent was to preserve what was already in place and to make it enforceable by placing it into the collective bargaining agreement.

Senator Sayre regretted to report that the administrative team had resisted placing some of those policies into the collective bargaining agreement so they would not be enforceable through a grievance process. One controversial item was the question of job security, renewal, and timely notice for NTTF (Non-Tenure Track Faculty). The bargaining team was arguing for enhanced working conditions and collegial decision making. One of their proposals dealt with shared governance and the power/status of the University Senate.

The members of UAUO (United Academics University of Oregon) encouraged greater faculty participation in the bargaining process and asked that everyone wear a pin-on button on the days when bargaining was taking place, which was on Tuesday, January 22 and Thursday, January 24. He then asked for questions from the Senate body.

Seeing no questions or comments, Senate President Kyr thanked Senator Sayre and all members of the bargaining team for their hard work during this challenging time of bargaining.

5.3 Updates on Motions; Robert Kyr, Senate President

5.3.1 Motion on Faculty Input into Hiring Executive Administrators

5.3.2 Motion on Review of Executive Administrators

Senate President Kyr informed the Senate that the Executive Review Committee had been formed and was meeting next week to discuss various items for their Senate report at the February meeting. He then invited Harlan Mechling (ASUO University Affairs Director) to the Senate floor to update the Senate on his two motions.

5.3.3 Motion on Study Space Prioritization

5.3.4 Motion on Classroom Space Prioritization

Mr. Mechling informed that Senate that the Study Space Taskforce had their first meeting on January 15 and he would be delivering a full report to the Senate at the February meeting. At the meeting, the taskforce discussed overall impressions regarding the EMU Extended Hours Project. They also established criteria regarding locations for suitable study space. One possible location was Carson Hall and another was the Student Recreation Center. Another topic of discussion was the establishment of a security route for officers of the UOPD (University of Oregon Police Department). He then reiterated that a more substantive report would be forthcoming.

5.3.5 Report from IAC (Student Athlete Academic Status re: OAR on Random Drug Testing)

Senate President Kyr informed the Senate that Associate Professor Brian McWhorter (Music & Dance), the chair of the IAC, asked for an extension on delivering his report, which was granted by Senate President Kyr. Both Professor McWhorter and Mr. Mechling would deliver their reports to at the February Senate meeting.

5.4 Ten-Year Review of University Standing Committees; Robert Kyr, Senate President

Senate President Kyr informed the Senate the preliminary focal group meetings had taken place, and next week the committee would hold their first full meeting. He was very optimistic that within the course of the year, the committee would return to the Senate with a substantive proposal on the reform of university service, which would include acknowledgement and incentive for service.

5.5 Report from UO Police Department at February Senate Meeting

Senate President Kyr informed the Senate that the report from the UO Police Department was postponed until the February Senate meeting at the request of the President Gottfredson.

6. ANNOUNCEMENTS AND COMMUNICATIONS FROM THE FLOOR

Senate President Kyr called for announcements and communications from the floor.

Senator Bill Harbaugh (Economics) commented that Professor Bob Doppelt (PPPM) had asked him to place his motion regarding a UO golf course on the February Senate meeting agenda, to which Senate President Kyr replied that the motion would be on the agenda.

Senator Harbaugh then commented that he was concerned that the Senate would not have sufficient information to have an intelligent discussion regarding Professor Doppelt’s motion. He asked if the administration would cooperate with the Senate in order to have a representative attend the Senate meeting who knew details about and could speak on the motion. Senate President Kyr agreed with Senator Harbaugh’s concern and commented that the maker of the motion should request their needs in order to accurately present their motion. A request should be made to Senate President Kyr and he would do his best to realize that request.

Senator Harbaugh requested to have a member of the administration to discuss the motion and data on the project at the next Senate meeting, to which Senate President Kyr replied that he should submit his request in writing, and he would label them as business of the Senate.

Professor Frank Stahl (Biology Emeritus) commented that he would be placing two items on the agenda regarding two policies passed by the Senate almost two years ago. The policies were the Facilities Use Policy and the Academic Freedom and Freedom of Speech Policy. He stated that these two policies had been rewritten by an administrator after being passed by the Senate, to which Senate President Kyr commented that Professor Stahl was misinformed. Those two policies were being considered and were scheduled to come before the Senate at some point during the year. Professor Stahl replied that he would like to discuss the form in which those two policies were to return to the Senate at a later time, to which Senate President Kyr agreed.

Senate President Kyr thanked Senators for their participation and hard work.

7. ADJOURNMENT

Seeing no further business, Senate President Kyr called the January 16, 2013 meeting of the University Senate to a close at 5:09PM.