These minutes reflect discussion and debate at a meeting of a committee of the University of Minnesota Senate or Twin Cities Campus Assembly; none of the comments, conclusions, or actions reported in these minutes represents the views of, nor are they binding on, the Senate or Assembly, the Administration, or the Board of Regents.

 

Minutes

 

Senate Committee on Educational Policy

Wednesday, February 16, 2005

1:00 – 3:00

238A Morrill Hall

 

Present:

 

Emily Hoover (chair), (George Green for) Victor Bloomfield, Dale Branton, Vernon Cardwell, Shawn Curley, Gretchen Haas, Adam Hirsch, James Leger, Richard McCormick, Christopher Pappas, Emily Ronning, Karen Seashore, Mary Ellen Shaw, Craig Swan, Joel Weinsheimer, Jenny Zhang

 

Absent:

 

LeAnn Dean, Douglas Wangensteen

 

Guests:

 

Karen Zentner Bacig (Office of the Provost), Professor Andrea Berlin (chair, Morse-Alumni Award Committee), Professor Patrick Schlievert (chair, Graduate-Professional Award Committee); Susan Van Voorhis, Tina Falkner (Office of the Registrar); John Engelen (Director of Federal Relations)

 

[In these minutes:  (1) award winners and concerns about the numbers of nominees; (2) draft policy on the evaluation of instruction; (3) federal requirement to teach the constitution; (4) external demands for accountability]

 

 

1.         Award Winners

 

            Professor Hoover convened the meeting at 1:00 and asked for a motion to close it to consider nominees for the teaching award.  The Committee voted unanimously to close the meeting.  During the discussion, in addition to approving the nominees for the Morse-Alumni and Graduate-Professional teaching awards, a number of issues were raised.

 

--          There were only 12 nominations for the Morse-Alumni award; the committee forwarded the names of six individuals.

 

--          There were 18 candidates for the Graduate-Professional award; the committee forwarded the names of eight individuals.

 

            Professor Hoover noted that the number of nominations for the Morse-Alumni award was a concern, given the number of faculty members who teach undergraduates.  Twelve is a small number, she commented.  There was also an imbalance in the gender of the nominees.

 

            Dr. Bacig said she has now watched the process through three cycles; she provided graphs of the number of applicants.  They have declined for the Graduate-Professional award and have gone up and down for the Morse-Alumni award.  There are things that SCEP could do:  the internal college deadlines may be too early in the fall, with not a lot of lead time, so perhaps publicize the award more in the spring; anecdotally, it appears there is a lot of variability in terms of support and infrastructure to move nominations along, and where there is little support, the nomination is difficult to assemble because it is a lot of work.  That varies by department, Dean Green said; in small departments it is harder to mobilize the effort needed for a nomination.  Departments could think about getting letters, etc., in the spring, Dr. Bacig said, and they could follow up in the fall with information sessions.

 

            Nominations are active for more than one year, Dr. Bacig said in response to a question from Professor Leger.  The dossiers are updated and some who have won the award have done so on the second or third try.  Professor Seashore recalled that when she served on one of the committees, they told some nominators where a file was weak and needed improvement. 

 

            Some departments have a nominating committee that is responsible for nominating individuals for McKnight Professorships, Regents Professors, outstanding service, Morse-Alumni and Graduate-Professional awards, and so on, Dean Green said.  Political Science has done this for decades and it pays off.  Deans notice if a department wins awards.  If there is no committee, the work falls to the chair, and in small departments it is too much.  CLA, with a large number of departments and some very large departments, some are well organized to go after awards, Professor McCormick said.  For smaller departments, he agreed with Dean Green, it is a workload issue.  He said it is also his impression that in general more work is falling on the shoulders of chairs so that even though it may be in their interest to nominate people for awards, it is too much work.  So, Dean Green said to Dr. Bacig, do not let the process get any more difficult.

 

            Professor Berlin said that the Morse-Alumni committee addressed this issue because it knew this Committee was concerned about the number of nominations.  In the view of the alumni, the Morse-Alumni award is taken very seriously, it is an enormous honor that very few deserve, and there should not be a lot of nominations.  There should be an exceedingly high standard and the award should count for a lot.  It could be that there are departments deciding not to make nominations unless they really have a good candidate.  Professor Berlin agreed that the point about smaller departments is valid but the numbers may not be as bad as some may think.  For example, one-half of the CLA faculty on the Twin Cities campus are relatively new, Professor McCormick added, and most of them have probably not accumulated a record that makes them suitable for nomination for the award.

 

            Dr. Swan said he asked Dr. Ellinger in his office to compare the dossier size at Minnesota with those for similar awards at other Big Ten schools.  They learned that Minnesota requires more letters of support (apropos the question of work required for a nomination); they could also standardize the student evaluation of teaching information in order to reduce the burden. 

 

            Professor Cardwell said that the nominating committees do not always have all the data on student evaluations, that they do not have the same data for UMD candidates, and that he was comfortable with 4-8 letters.  In terms of getting more nominees, he said that being nominated is itself recognition at the department college level; nominees should be gratified that their colleagues think enough of them to nominate them.  It is often a problem for nominees to compose a personal statement; it would be helpful if everyone prepared such a statement as part of their personnel file, a reflective document that would be useful to personnel committees.  The Committee should promote this idea because it would be beneficial.

 

            Is there a way to activate colleges, Professor Seashore asked?  She said that hers does not have an active nominating committee but it has wonderful teachers.  She said she doubted it had occurred to the college that it should be activist in making nominations.  The system works now—people who are nominated and receive awards are very good—but the process needs to be more systematic, especially in small colleges.

 

            Professor Berlin agreed with Professor Cardwell about changing the dossiers.  She said that her understanding is that the nominating committee's work is done, but she asked if the Committee would be interested in having the current members help draft dossier guidelines.  Professor Hoover agreed; Professor Berlin said she would contact committee members to volunteer to work on the guidelines and let Professor Hoover know when they had something prepared.

 

            The Committee voted unanimously in favor of the nominees forwarded by the two committees.

 

2.         Draft Policy on the Evaluation of Instruction

 

            Professor Hoover welcomed Vice Chancellor John Schwaller to the meeting, by telephone connection, to discuss the provision of the draft policy on the evaluation of instruction regarding the disposition of written comments on student evaluation forms.  There has been extended discussion about who should receive the written comments, an issue on which people have different opinions.  The Committee on Faculty Affairs had a lively discussion and adopted language that would let each campus decide on who gets to see the written comments.  (The two Faculty Affairs resolutions seemed contradictory, Ms. Haas commented.)

 

            Professor Hoover noted that Professor Weinsheimer felt strongly about this issue.  Professor Weinsheimer said he would prefer to drop the language concerning written comments (the draft language provided that written comments go only to the instructor) and made the following comments.

 

1) At present, students can make their views known where they will count: in the deliberations of committees that review faculty.  The effect of the proposed policy is to disempower students, silencing their voices and reducing each one to some fraction of a percentage in a histogram.

 

2) Perhaps the intent of the proposed policy is to prevent irrelevant insults from becoming public.  If so, it overreacts in the extreme by outlawing all comments whatever from becoming public.

 

3) There is no way to differentiate insults from criticisms.  It is not possible to say that "Prof. X should learn how to teach" is merely an insult, while "Prof. X needs to take a course in pedagogical methods" amounts to legitimate criticism.  The effect of the proposed policy to silence insults is in fact to silence criticism and twist evaluations toward the positive by insisting that "complaints" have no place on evaluations and should be directed elsewhere.

 

4) Footnote 8 alludes to "ways other than anonymous comments on forms that students can make their dissatisfaction known to the department or college."  I am of the opinion that making dissatisfaction known constitutes precisely one proper and desired end of student evaluations and that the very purpose of anonymity is to protect students who want to blow the whistle.  In fact I know of no other avenues by which students can make their dissatisfactions known, nor can I imagine any whereby students would enjoy the same anonymity.

 

5)  One of the aims behind the proposed policy seems to be to separate formative from summative information.  And the idea is that written comments are more useful for formative purposes.  With all this I agree.  But the fact is that written comments are more useful for both purposes.  Part of the reason is that in written comments the students need not be constrained by the parameters of the specific questions asked.  For instance, we include no question about whether the teacher came to class late or dismissed class frequently; but if they did, should that fact be concealed from P&T committees?

 

In every respect, the proposed policy discourages honest and full student evaluation of teaching and thus undermines our announced aim of "achieving instruction of the highest quality.

 

Several Committee members voiced agreement with Professor Weinsheimer's sentiments.

 

            Professor McCormick said that if an instructor is doing inappropriate things, anonymous comments on student evaluation forms are not the way to report them.  Anonymous comments would not hold up in a court of law.  If anyone is telling students how to fill out the forms, that is a gross violation of the policy.  Students should not be waiting to make anonymous comments; there should be other ways to identify problems. 

 

            Dr. Schwaller said that was not the intent of the Morris practice.  They take irrelevant comments out of the record. 

 

            Professor Leger said he agreed with Professor Weinsheimer and added that if students know their comments go only to the instructor, it will only add to their questions about what uses are being made of the results of the evaluations.  He said he feared that students would not support the process if they did not believe their comments would have any effect.  Ms. Haas also agreed with Professor Weinsheimer. 

 

            Mr. Hirsch reported that he had had an instructor who had attacked his character and he brought the issue to the attention of the department.  His classmates were shocked that he would do so but he did not feel that writing comments on the evaluation form would matter.

 

            Professor Seashore agreed with Professor Weinsheimer as well.  There was something about the nature of the Faculty Affairs conversation (she concluded from reading the minutes of the meeting) that makes one conclude that faculty are vulnerable and students are powerful.  That is not what she sees, she said; faculty have a lot of power over students.  If faculty do not carry out their responsibilities, there are not many ways that students can make their views known.  If they complain, life can be made miserable for them.  It is asking a lot of an undergraduate student to complain to a department.  The process, however, must make sure that the occasional odd comment on forms is not given much attention—one comment in seven years that someone is a racist is not an issue but ten comments per year that someone is a racist raises questions.  When she was an associate dean she had few tools to help faculty who were weak in instruction; these comments were one of them. 

 

            Dr. Shaw asked if there is any way that vicious comments can be stricken from the record.  The comments at the Faculty Affairs meeting say that people have been wounded by destructive comments.  And what does "public" mean if it says the comments are made public—to a chair?  To a promotion and tenure committee?  Can whoever reviews the comments remove the irrelevant ones?  And do vicious comments really end up hurting someone's career?    Dean Green said he could not imagine that an outlier comment could hurt anyone's career, but he could imagine that if 10% of comments said someone is a bad teacher they could have an effect.  It is helpful to have comments along with the spread of the ratings because they illuminate the range of responses.  The comments provide valuable information that help to improve instruction and aid on the assessment side.  When a chair or committee only has the numbers they are making inferences in the dark.

 

            Dr. Schwaller said that all Morris students must take a first-year seminar.  He reads every comment.  He said he has great confidence in the faculty but the comments are essential for programmatic assessments to help determine if the seminars are achieving their goals.  Without the comments, they would need to create an instrument.  The use of the comments has little to do with the faculty member and more with assessing the curriculum.

 

            Professor Weinsheimer moved to eliminate the language in the draft policy providing that written comments go only to the instructor.  The motion passed 10-3.

 

            The Committee turned next to the issue of verbal anchors being attached to each point on the rating scales.  Professor Hendel had provided Professor Hoover suggested anchors. 

 

            The Committee took strong dislike to the scale proposed for one question and asked Professor Hoover to seek a different set of words.  The Committee approved the scales for the other four questions.  In the case of the scale that was not supported, Professor Seashore said that the more she looks at the proposed anchors, the more she believes that if the anchors are to be added, the Committee should rethink the questions as well because some of them are bad questions.  For example, she said, the question that reads "how would you rate the instructor's knowledge of the subject matter?" is something students simply are not in a position to assess.  She has published in her field for 30 years but every term she receives a few ratings that say she only has average knowledge.  What they are rating with that question is her COMMUNICATION skills, not her knowledge—they do not have the capacity to rate her knowledge.  Once the door is opened to mediocre anchors, the Committee should reconsider the questions.

 

            Professor McCormick recalled that the Committee discussed at its last meeting whether changing the anchors should mean changing the questions—and the Committee concluded it did not wish to go that far, even if it had reservations about the questions. 

 

            There were no other suggestions for wording changes in the questions.  Professor Hoover said she would speak with Professor Hendel to obtain a different set of anchors for the one question.

 

            Professor Seashore raised a question about having the term "adequate" be the midpoint of the scales.  The words are already skewed to the positive, she said; the objective should be to achieve a normal distribution.  If one knows the results will be skewed, either the scale or the anchors should be changed.  Professor Curley, however, said that surveys are typically correlated with other things and that a normal distribution is not an issue in this case.  If the results of the evaluations are on the upper end of the scale, that is fine—the University is doing its job.  This is Lake Wobegon, Professor Seashore commented. 

 

            The Committee approved the new scales 11-2.

 

3.         Teaching the Constitution

 

            Professor Hoover now welcomed to the meeting John Engelen, Director of Federal Relations for the University. 

 

            Mr. Engelen noted he had been asked to speak to the Committee about two issues:  the new requirement to teach the constitution on September 17 (Constitution Day) and increasing external demands for accountability.  He told the Committee that he is the federal lobbyist for the University and has an active agenda; there is also a website that people can look at to learn about federal issues.

[ http://www1.umn.edu/urelate/fedrel/ ]  He asked at the outset that Committee members remember that he is only the messenger.

 

            When Congress passed the FY2005 Omnibus appropriations bill last fall, it included a provision that all educational institutions receiving federal funds must teach about the constitution on Constitution Day, September 17.  The bill does not say what to teach or how to teach it.  The legislation was offered by Senator Robert Byrd of West Virginia, the senior member of the Senate first elected in 1958.  He loves the constitution, Mr. Engelen said.  And while there has been a lot of upset about this requirement as an assault on academic freedom that is not what Senator Byrd intended.  Senator Byrd is not a critic of higher education; he has been one of its long-term supporters.  But he is afraid that Americans are ignorant of the constitution (e.g., the survey of high school students of what they know about the First Amendment).  His proposal was motivated by his concern about the state of constitutional knowledge in the country. 

 

            When Congress had not completed a number of the appropriations bills that were due last October 1 because there were a lot of disagreements about them.  They postponed further action until after the election.  After they returned, they bumped up against deadlines to act on the appropriations bills, started work late, and ended up with a 1900-page piece of legislation that had about 3000 pages of comments.  Even marginal notes became law.  In a closed session, Senator Byrd wanted to make September 17 a national holiday but accepted as a compromise the proposal that institutions receiving federal funds must teach the constitution.  There was no consultation with the higher education community, the K-12 community, or any Congressional committees.  It was passed so it is law.

 

            Once it became known, Mr. Engelen related, he started receiving emails and telephone calls from people who were very upset and who saw this as an attack on academic freedom.  He expected that by February the institutions would have guidance on how to implement the law from the Department of Education; they do not. 

 

Las week, a delegation of higher education representatives met with the members of Senator Byrd's staff to find out what he would accept and what he would not.  Those staff are also concerned that the Department of Education has done nothing.  Senator Byrd will fight any interpretation that says institutions can do whatever they want to or that permits tallying courses that already teach the constitution.  He wants something that goes beyond what is already done.  It is acceptable for the Department of Education to offer examples but it should not prescribe what institutions do.  That is most likely what will happen, Mr. Engelen said:  there will be no prescription about what institutions must teach so long as it is about the constitution. 

 

Into whose office does this responsibility fall at the University of Minnesota, Professor Hoover asked?  Dr. Swan said that ultimately it is the responsibility of the Provost, as chief academic officer.  He said his initial thoughts have been along the lines Mr. Engelen described, but no one is anxious to do anything before the Department of Education acts, although the University could take the lead and so something.  Is there anything this Committee should be doing, Professor Hoover asked?  Mr. Engelen thought not; this is a "for your information" item. 

 

No one is willing to take on Senator Byrd on this issue.  Given the number of challenges that universities face in Washington, huge dollar issues involving student aid and the reauthorization of the Higher Education Act, the higher education community has to decide where to make a stand and allocating resources.  Most do not believe it worth taking on Senator Byrd on the constitution.

 

Did he come to the Committee for cover, Dean Green asked?  That would help, Mr. Engelen said.  They University will be stuck with the requirement for September 17; it would be fruitful to see where the Department of Education is going with it.  They are not enthusiastic about the requirement, he added.  He said he would keep the Committee informed about what develops.

 

4.         External Demands for Accountability

 

            Mr. Engelen next told the Committee that Associate Vice President Peterson, who could not attend the meeting today, informed him that next year at the legislature will be a year of accountability because the Higher Education Services Office is working on recommendations about higher education accountability.  They like the University's accountability report but want to make it more accessible to the public.

 

            Is this primarily fiscal accountability, Professor Weinsheimer asked?  It starts with that, Mr. Engelen said.  It could go farther, however, Dr. Swan said. 

 

            At the federal level, budgets are tight, Mr. Engelen said.  When budgets are this tight, he indicated that accountability issues will be raised on the expenditure of federal research dollars as well as on issues more directly related to higher education that are dealt with in the Higher Education Act.

 

            On research compliance:  Federal agencies will see a lot of intrusions, audits, and questions about what the taxpayers are getting for their investment.

 

            Regarding reauthorization of the Higher Education Act:  bills are starting to be introduced and there have been big policy speeches in the last few weeks.  Margaret Spellings, the new Secretary of Education (as White Domestic Policy Advisor during President Bush's first term, she is one of the people largely responsible for No Child Left Behind) has made it clear she will view higher education through the same lenses.  Up to now, the administration has had little to say about higher education, but it looks like it will say more now, and from a No Child Left Behind perspective.  That will mean a lot more information-gathering (e.g., graduation rates, student record data).  The most extensive request would be a requirement to share individual data, Dr. Swan said.  Is that not a violation of law, Professor McCormick asked?  Mr. Engelen said the law could change.  It will be necessary to address the question of how to keep student records confidential.  But the federal government wants the information because it is trying to figure out benchmarks for holding higher education institutions accountable.  There will be proponents of consumer access to information, so parents can have access to information to make better decisions for their children.  It is not clear what happens to institutions who do not meet the benchmarks.  What sanctions would there be? 

 

            If one talks about common accountability benchmarks, Mr. Engelen said, do private institutions equal for-profit institutions equal research universities?  Who says what they have in common? 

 

            The biggest underlying issue for the University as a public institution, it seems to him, Mr. Engelen said, is that Washington has lost sight of the relationship between public institutions and their state legislatures and governors.  They are often unaware or ill-informed about the relationships.  They do not know about the intimate relationships and the control that states exercise.  (The situation is different for Harvard, Stanford, etc.)  They have to talk a lot about what happens in the state legislature.

 

            The initial action will be in the U.S. House and it will be the most ideological and perhaps inflexible.  The Senate is likely to be more deliberate and more open to compromise.  Minnesota has a unique responsibility because it has two members on the House Education Committee (Representatives Kline and McCollum).  His office is working closely with them, Mr. Engelen said.  The University has hosted several higher education staffers from Washington and have briefed them extensively on higher education.  The University is organizing town meetings in late March to highlight the importance of these issues.  They working with the state's Congressional delegation and through the national associations to be sure that University of Minnesota issues are addressed.

 

            Professor Weinsheimer asked if there are areas that people perceive as broken and need to be fixed.  Higher education has created some animosity around the cost of college and tuition increases, Mr. Engelen said; there was proposed legislation to impose caps on tuition increases.  Proponents now are talking about reporting, watch lists, but not sanctions.  If it had passed, Professor McCormick asked, and caps were imposed, would they apply to all?  They would, Mr. Engelen said, and would be tied to the cost of education.  Dr. Swan observed that a 5% increase in tuition at a private university could easily be more than 10% or 15% at a public university.  Nor does the federal approach take into account the fact the University lost $185 million in state funds, Mr. Engelen pointed out.

 

            Mr. Engelen said there is no grassroots call to action now.  He has been on an educational mission with respect to the Congressional delegation.  Professor Cardwell asked if the representatives are on the same page with the University.  Mr. Engelen said the University has an excellent relationship with every member of the delegation and he has found something at the University that every member can be proud of.  There are 30-40 Congressional visits to a University campus each year, and the goal (which they have exceeded) is to have each member of Congress visit the University twice per year.  None of them are antagonistic; the University is working from a very strong base.

 

            Is there any reaction to the vision of being one of the top three public universities in the world, Dr. Shaw asked?  That will have an impact, Mr. Engelen said.  The Congressional delegation wants Minnesota to be the best university possible and will likely support that goal.  They want the University to get more research grants and be nationally known. 

 

            Professor McCormick said one of the loopier ideas he has heard is the application of No Child Left Behind to higher education.  Would it be No Undergraduate Left Behind?  He said he has also heard about moving more to vouchers.  How would that work at the federal level, with federal funds?  Federal funds come primarily for research.  And financial aid is already a voucher system, Professor Seashore observed—students can take their aid wherever they wish.  Mr. Engelen said those proposals would have no effect on federal student financial aid but it would have an effect in the state.  If the legislature withdraws operating funds from the institutions (money the University uses in part for research), and puts it into vouchers, the University would be a different place.  That would destroy the infrastructure, Professor McCormick commented.

 

            Asked about direct loans and guaranteed loans, Mr. Engelen said there will be a "battle royal."  One should never underestimate the lobbying power of financial institutions with a vested interest in the guaranteed lending program, he said, and they will oppose an expansion of the direct lending program.  A recent Congressional Budget Office (CBO) report said that direct lending was a revenue-generator for the federal government, so the University, as a direct lending institution, has that on its side, but there will still be a big battle over the issues.

 

            Professor Hoover thanked Mr. Engelen for joining the meeting and adjourned it at 2:55.

 

                                                                        -- Gary Engstrand

 

University of Minnesota