2001-02 UNIVERSITY OF MINNESOTA
APRIL 25,
2002
UNIVERSITY SENATE MINUTES: No. 5
TWIN CITIES CAMPUS
ASSEMBLY MINUTES: No. 5
FACULTY SENATE MINUTES: No.
5
STUDENT SENATE MINUTES: No. 5
The fifth meeting of the University Senate, Twin Cities Campus Assembly,
and Faculty Senate for 2001-02 was convened in 25 Mondale Hall, Minneapolis
campus, on Thursday, April 25, 2002, at 2:33 p.m., as a joint meeting of the
three bodies. Coordinate campuses were linked by telephone. Checking or
signing the roll as present were 106 voting faculty/academic professional
members, 24 voting student members, and 3 ex officio members. President Yudof
presided.
1. ANNOUNCEMENTS
President Yudof announced that today’s musical prelude was
performed by the Undergraduate Woodwind Quintet, whose members are Kristin
Irving, Rebecca Anderson, Laila Vojoodi, Elizabeth McMillan, and Nicholas
Kimpton.
2. MINUTES FOR MARCH 28,
2002
Action
MOTION:
To approve the University Senate, Faculty Senate, and
Twin Cities Campus Assembly minutes, which are available on the Web at the
following URL. A simple majority is required for approval.
http://www1.umn.edu/usenate/u_senate/020328sen.html
CAROL WELLS, CLERK
UNIVERSITY
SENATE/
TWIN CITIES CAMPUS ASSEMBLY
DISCUSSION:
With no discussion a vote was taken and the
motion was approved.
APPROVED
3. TRIBUTE TO DECEASED MEMBERS OF THE UNIVERSITY
COMMUNITY
FACULTY/ACADEMIC
PROFESSIONALS/STAFF
Marguerite Burk
Professor
Economics
1915
- 2002
Kenneth L. Erickson
Director
Office of the Bursar
1919
– 2002
Michael G. Karin
Professor
Continuing Education and
Extension
1941 – 2002
Anne G. Munro
Executive
Secretary
Vice President for Research
1918 - 2002
Malcolm
Myers
Professor
Art
1917 – 2002
R. Norine
Oslund
Professor
Curriculum and Instruction
1919 –
2002
STUDENT
Christopher A. Nelson
Carlson School of
Management
4. ADMINISTRATIVE RESPONSES TO SENATE AND ASSEMBLY
ACTIONS
Information
University Senate
|
Policy on Mid-term Alerts
|
|
Approved by the:
|
University Senate
|
|
Approved by the:
|
Administration PENDING (Response due date June 28, 2002)
|
|
Approved by the:
|
Board of Regents – no action required
|
Faculty Senate
|
Faculty Retirement Plan Waiting Period
|
|
Approved by the:
|
Faculty Senate September 20, 2001
|
|
Approved by the:
|
Administration – see note*
|
|
Approved by the:
|
Board of Regents NOT YET SUBMITTED
|
*The Administration supports the principles and objectives outlined in the
Senate’s resolution. Executive Vice President and Provost Robert
Bruininks and Vice President Carol Carrier have been charged with the
responsibility to review the proposal, including the financial impact of
implementation, and will make a recommendation to the President by March 15,
2002. The President will respond to the Senate proposal for a change to the
Faculty Retirement Policy by March 31, 2002.
5. CLERK OF THE SENATE/ASSEMBLY REPORT
Assembly
Steering/Senate Consultative Committee Election Results
Information
for the Faculty Senate
FOR INFORMATION:
In the recent election to fill vacancies
on the Assembly Steering/Senate Consultative Committee, Professors Tom Clayton,
Mary Jo Kane, and Marvin Marshak were elected to three-year terms (July 1, 2002
through June 30, 2005). The Twin Cities members of the Faculty Consultative
Committee for 2002-03 will be:
Muriel Bebeau, School of Dentistry
Tom Clayton, College
of Liberal Arts
Arthur Erdman, Institute of Technology
Daniel Feeney,
College of Veterinary Medicine
Mary Jo Kane, College of Education and Human
Development
Candace Kruttschnitt, College of Liberal Arts
Marvin Marshak,
Institute of Technology
Judith Martin, College of Liberal Arts
CAROL WELLS, CLERK
UNIVERSITY
SENATE/
TWIN CITIES CAMPUS ASSEMBLY
6. CLERK OF THE SENATE/ASSEMBLY
REPORT
Nominating Committee Election Results
Information for
the Faculty Senate
FOR INFORMATION:
In the recent election to fill a vacancy
on Nominating Committee, Professor Nelson Rhodus was elected to a three-year
term (July 1, 2002 through June 30, 2005).
CAROL WELLS, CLERK
UNIVERSITY
SENATE/
TWIN CITIES CAMPUS ASSEMBLY
7. SENATE ALL-UNIVERSITY HONORS
COMMITTEE
Posthumous Awards
Information for the University
Senate
The honorary degree and the Outstanding Achievement Award (OAA) shall
be conferred on living individuals. To be considered posthumously the
All-University Honors Committee must have received the nomination before the
nominee’s death.
COMMENT:
Members of the
All-University Honors Committee have received nominations requesting the
posthumous awarding of an honorary degree and/or the OAA. It has also received
nominations and then learned that the person has died. It is the
Committee’s position that these honors should recognize the achievements
of the living and should not serve as a memorial to the deceased. If, however,
a nominee dies after the Committee has received the nomination, it will be
considered.
SHIRLEY GARNER, CHAIR
ALL-UNIVERSITY HONORS
COMMITTEE
8. SENATE EDUCATIONAL POLICY COMMITTEE
Collection and Reporting of Grade Data and Syllabus
Requirements
Information for the University Senate
FOR INFORMATION:
On February 18, 1999, in adopting a policy on "Collection and Reporting of
Grade Data and Syllabus Requirements," the Senate Committee on Educational
Policy was required to provide to the Senate "data on the mean grade point
average by designator and course level, on the percentage of As awarded by
course level, and overall collegiate grade point averages . . . for grades
awarded each Fall Semester." The policy also provides that "data should be
reported for all undergraduate students."
COMMENT:
These
data will be distributed at the meeting.
WILBERT AHERN, CHAIR
SENATE COMMITTEE ON
EDUCATIONAL POLICY
9. SENATE/FACULTY CONSULTATIVE COMMITTEE
REPORT
Professor Joseph Massey, Chair of the Senate Consultative Committee
(SCC), welcomed the new SCC members and thanked the outgoing members for their
service. He noted that Professor Dan Feeney will be the SCC Chair next year and
Professor Judith Martin will be the SCC Vice Chair. He then thanked all the
senators for their service during the year and Professor Jeffrey Kimpton for the
musical preludes before each Senate meeting. Lastly, he thanked the President
for his collaboration with the Senate leadership on several issues this
year.
Other business for the committee includes a follow-up on the
Collins report on Crookston and finishing work on the grievance
policy.
10. SENATE COMMITTEE ON EDUCATIONAL
POLICY
Changes to 2003-04 Crookston Calendar and
2002-03
and 2003-04 Morris Calendars
Action by the University
Senate
MOTION:
To amend the Crookston 2003-04, Morris 2002-03,
and Morris 2003-04 calendars as follows (new language is underlined,
language to be deleted is struck out).
CROOKSTON
2003-2004
Fall Semester 2003 (75 73class
days)
|
August 26 September 2
|
Tuesday
|
Class begins
|
|
September 1
|
Monday
|
Labor Day holiday
|
|
October 17
|
Friday
|
In-service workshop (no classes)
|
|
November 27-28
|
Thurs. -Fri.
|
Thanksgiving holiday
|
|
December 12 15
|
Friday Monday
|
Last day of instruction
|
|
December 15-18 16-19
|
Mon. -Thurs. Tues.-Fri.
|
Final examinations
|
|
December 18 19
|
Thurs. Friday
|
End of the term
|
Spring Semester 2004 (75 74 class
days)
|
January 7 12
|
Wednesday Monday
|
Classes begin
|
|
January 19
|
Monday
|
MLK holiday
|
|
February 20
|
Friday
|
In-service workshop (no classes)
|
|
March 8-12 15-19
|
Mon. - Fri.
|
Spring Break
|
|
April 9
|
Friday
|
Floating Holiday (no classes)
|
|
April 30 May 3
|
Friday Monday
|
Last day of instruction
|
|
May 3
|
Monday
|
Study Day
|
MORRIS 2002-2003
Spring Semester 2003 (74 class
days)
|
May 3 5
|
Sat. Monday
|
Study day
|
|
May 5-8 6-9
|
Mon.-Thurs. Tues.-Fri.
|
Final examinations
|
|
May 9 10
|
Friday Saturday
|
Commencement
|
MORRIS 2003-2004
Spring Semester 2004 (74 class
days)
|
May 1 3
|
Sat. Monday
|
Study day
|
|
May 3-6 4-7
|
Mon.-Thurs. Tues.-Fri.
|
Final examinations
|
|
May 7 8
|
Friday Saturday
|
Commencement
|
COMMENT:
The Senate Committee on Educational Policy, at
the request of each campus, has approved these changes to the upcoming Morris
and Crookston calendars
WILBERT AHERN, CHAIR
SENATE COMMITTEE ON
EDUCATIONAL POLICY
DISCUSSION:
With no discussion a vote was taken and the
motion was approved.
APPROVED
11. SENATE COMMITTEE ON EDUCATIONAL
POLICY
2004-05 and 2005-06 Morris and Crookston
Calendars
Action by the University Senate
MOTION:
To approve the Crookston 2004-05, Crookston
2005-06, Morris 2004-05, and Morris 2005-06 calendars as
follows.
Crookston 2004-2005
Fall Semester 2004 (73
class days)
|
August 30
|
Monday
|
Class begins
|
|
September 6
|
Monday
|
Labor Day holiday
|
|
November 25-26
|
Thurs. -Fri.
|
Thanksgiving holiday
|
|
December 13
|
Monday
|
Last day of instruction
|
|
December 14-17
|
Tues. -Fri.
|
Final examinations
|
|
December 17
|
Friday
|
End of the term
|
Spring Semester 2005 (74 class days)
|
January 10
|
Monday
|
Classes begin
|
|
January 17
|
Monday
|
MLK holiday
|
|
March 14-18
|
Mon. - Fri.
|
Spring Break
|
|
April 8
|
Friday
|
Floating Holiday (no classes)
|
|
May 2
|
Monday
|
Last day of instruction
|
|
May 3-6
|
Tues.-Fri.
|
Final examinations
|
|
May 6
|
Friday
|
End of the term
|
|
May 7
|
Saturday
|
Commencement
|
May Session 2005 (15 class days)
|
May 9
|
Monday
|
May session begins
|
|
May 27
|
Friday
|
May session ends
|
Summer Session 2005 (39 class days)
|
June 6
|
Monday
|
Classes begin
|
|
July 4
|
Monday
|
Independence Day holiday
|
|
July 29
|
Friday
|
8-wk summer session ends
|
Crookston 2005-06
Fall Semester 2005 (73 class
days)
|
August 29
|
Monday
|
Class begins
|
|
September 5
|
Monday
|
Labor Day holiday
|
|
November 24-25
|
Thurs. -Fri.
|
Thanksgiving holiday
|
|
December 12
|
Monday
|
Last day of instruction
|
|
December 13-16
|
Tues. -Fri.
|
Final examinations
|
|
December 16
|
Friday
|
End of the term
|
Spring Semester 2006 (74 class days)
|
January 9
|
Monday
|
Classes begin
|
|
January 16
|
Monday
|
MLK holiday
|
|
March 13-17
|
Mon. - Fri.
|
Spring Break
|
|
April 14
|
Friday
|
Floating Holiday (no classes)
|
|
May 1
|
Monday
|
Last day of instruction
|
|
May 2-5
|
Tues.-Fri.
|
Final examinations
|
|
May 5
|
Friday
|
End of the term
|
|
May 6
|
Saturday
|
Commencement
|
May Session 2006 (15 class days)
|
May 8
|
Monday
|
May session begins
|
|
May 26
|
Friday
|
May session ends
|
Summer Session 2006 (39 class days)
|
June 5
|
Monday
|
Classes begin
|
|
July 4
|
Monday
|
Independence Day holiday
|
|
July 28
|
Friday
|
8-wk summer session ends
|
Morris 2004-2005
Fall Semester 2004 (74 class
days)
|
August 30
|
Monday
|
Class begins
|
|
September 6
|
Monday
|
Labor Day holiday
|
|
October 18-19
|
Mon.-Tues.
|
Fall Break (no classes)
|
|
November 25-26
|
Thurs. -Fri.
|
Thanksgiving holiday
|
|
December 16
|
Thursday
|
Last day of instruction
|
|
December 17
|
Friday
|
Study day
|
|
December 20-23
|
Mon. -Thurs.
|
Final examinations
|
Spring Semester 2005 (74 class days)
|
January 17
|
Monday
|
MLK holiday
|
|
January 18
|
Tuesday
|
Classes begin
|
|
March 14-18
|
Mon. - Fri.
|
Spring Break
|
|
May 6
|
Friday
|
Last day of instruction
|
|
May 9
|
Monday
|
Study day
|
|
May 10-13
|
Tues.-Fri.
|
Final examinations
|
|
May 14
|
Saturday
|
Commencement
|
May Session 2005 (14 class days)
|
May 16
|
Monday
|
May session begins
|
|
May 30
|
Monday
|
Memorial Day holiday
|
|
June 3
|
Friday
|
May session ends
|
Summer Session 2005
|
May 23-June 24
|
|
Term 1 Summer session (24 class days)
|
|
May 30
|
Monday
|
Memorial Day holiday
|
|
June 27-July 29
|
|
Term 2 Summer session (24 class days)
|
|
July 4
|
Monday
|
Independence Day holiday
|
|
May 23-July 29
|
|
Term 3 Summer session (48 class days)
|
|
May 30
|
Monday
|
Memorial Day holiday
|
Morris 2005-06
Fall Semester 2005 (74 class
days)
|
August 29
|
Monday
|
Class begins
|
|
September 5
|
Monday
|
Labor Day holiday
|
|
October 17-18
|
Mon.-Tues.
|
Fall Break (no classes)
|
|
November 24-25
|
Thurs. -Fri.
|
Thanksgiving holiday
|
|
December 15
|
Thursday
|
Last day of instruction
|
|
December 16
|
Friday
|
Study day
|
|
December 19-22
|
Mon. -Thurs.
|
Final examinations
|
Spring Semester 2006 (74 class days)
|
January 16
|
Monday
|
MLK holiday
|
|
January 17
|
Tuesday
|
Classes begin
|
|
March 6-10
|
Mon. - Fri.
|
Spring Break
|
|
May 5
|
Friday
|
Last day of instruction
|
|
May 8
|
Monday
|
Study day
|
|
May 9-12
|
Tues.-Fri.
|
Final examinations
|
|
May 13
|
Saturday
|
Commencement
|
May Session 2006 (14 class days)
|
May 8
|
Monday
|
May session begins
|
|
May 26
|
Friday
|
May session ends
|
Summer Session 2006
|
May 15-June 16
|
|
Term 1 Summer session (24 class days)
|
|
May 29
|
Monday
|
Memorial Day holiday
|
|
June 19-July 21
|
|
Term 2 Summer session (24 class days)
|
|
July 4
|
Tuesday
|
Independence Day holiday
|
|
May 15-July 21
|
|
Term 3 Summer session (48 class days)
|
|
May 29
|
Monday
|
Memorial Day holiday
|
COMMENT:
The Senate Committee on Educational Policy has
approved these calendars. Calendars for these years for Duluth and Twin Cities
are pending approval and will be brought the University Senate next year for
approval.
WILBERT AHERN, CHAIR
SENATE COMMITTEE ON
EDUCATIONAL POLICY
DISCUSSION:
Professor Ahern, Chair of the Educational
Policy Committee (SCEP), noted that while the future calendars are being
presented for Morris and Crookston, the Twin Cities and Duluth calendars are
missing. The reason for this is that problems still exist with the fall
semester of the Twin Cities calendar with regard to Labor Day.
In order
to have classes start after Labor Day and finals end before Christmas, only 71
instruction days are possible and the last day of exams would be December 23.
The Assembly Committee on Educational Policy (ACEP) is drafting a statement
asking for schedule alternatives, such as beginning before Labor Day or changing
the length of the semester. The problem with semesters of different lengths is
that classes offered each term will have their workload shifted because of the
fewer number of instruction days fall semester. There was also a concern that
classes with exams scheduled on December 23 would choose to not give final
exams. A proposal will be brought to the Senate in the fall.
With no
further discussion a vote was taken and the motion was approved.
APPROVED
12. SENATE RESEARCH COMMITTEE
Exemption to the
Secrecy in Research Policy
Action by the University
Senate
MOTION:
To approve the following exemption to the Secrecy
in Research Policy.
MEMORANDUM
To: Scott McConnell
Chair, Faculty Research Committee
From: Mark A. Bohnhorst
Associate General Counsel
Cc: Gary Engstrand
Caroline
Hayes
Christine Maziar
Ed Wink
Re: Request for Exception,
Regents Policy, Research Secrecy, re Subcontract for Fed Labs Transition; Assoc.
Prof. Caroline Hayes, PI; Rockwell Scientific, prime contractor; Army Research
Labs, sponsor
I am writing, as the individual who has had principal
responsibility for negotiating the matter, to provide information regarding the
above request for an exception to the Regents Policy, Research Secrecy. The
request comes before the Committee because, after over seven months of
negotiations, the government has determined that it must require a "review and
clear" publications clause for any unclassified but "sensitive" information
generated by the research.
The request bears many similarities to the
February 11, 2002, request involving Prof. Kumar Tamma. Here, as there, the
government's lead program officer has stated that the likelihood of anything
"sensitive" being generated by the research is extremely remote. Here, as there,
the government has confirmed that there is no ITAR involvement; hence, there
should be no "deemed export" problem and no restriction on involvement of
foreign persons in the research. And here, as there, the publications clause is
being required as a matter of policy by a funding source within the Department
of Defense in light of the post 9-11 climate, not because the research actually
calls for use of a publication clearance clause.
The current subcontract
continues DoD funded work which Prof. Hayes had been performing for many years,
with no restrictions on the right to publish. Dr. Hayes was informed last July
that the current round of research had been approved and began the work. When
the subcontract arrived over one month later, however, it contained the
publication restriction, which had never been required before. Because of some
significant delays on the prime contractor/government side in negotiating the
publication issue – doubtless caused in part by post 9-11 uncertainties
– we are now half way through the contract period. The current request
includes both a prospective element, involving the remainder of the contract
period, and possibly a retrospective element, to the extent the sponsor and
prime contractor are willing and able to pay for work done prior to execution of
the agreement.
The following is a brief chronology, illustrated with
relevant documents.
The subcontract arrived at the University of
Minnesota, Sponsored Projects Administration, on 8/21/01. It incorporated a
problematic Defense Federal Acquisition Regulation (DFAR).
Attachment A
-- This is DFAR 252.204-7000, the publication clearance clause required in the
subcontract received 8/21/01. Also included is DFAR 204.404, the prescribing
clause, which refers to "sensitive" information.
The University informed
the prime contractor that this clause was unacceptable. Over the next several
months, the University negotiated and finalized the other terms of the
agreement, while attempting to negotiate this term as well. Alternative clauses
were exchanged, unsuccessfully.
Attachment B -- Internal Rockwell
Scientific email of 10/30/01, and forwarding email to University of Minnesota of
12/04/01. 10/30/01 email: confirmed that prior related work had involved no
publication restriction; noted that other universities, including University of
Illinois, were refusing to sign the subcontract because of the publication
clause; noted post 9-11 environment. Rockwell Scientific 12/04/02 email to
University of Minnesota advised that University of Illinois had accepted the
clause, and that, "FYI, we asked again, and Patty States [of ARL] categorically
refused any change to that clause."
On December 5, I forwarded to Ms.
States, by way of Rockwell, a lengthy memorandum, discussing the history of
attempts to restrict publication of possibly "sensitive" university fundamental
research, from the 1981 protest from the "five university presidents" to
Condoleezza Rice's Nov. 1, 2001 letter reaffirming NSDD 189. A version of this
memo was included in the materials for the 2/11 request regarding Dr. Tamma, and
it is not duplicated here again.
It took over two months to hear back
from ARL. In the meantime, I spoke with a contract official at University of
Illinois. He advised that the University of Illinois had accepted the clause
only after considerable internal discussion and with great reluctance, and that
University of Illinois had accompanied the signed subcontract with a cover
letter stating that it objected to the clause and signed the agreement with the
understanding that the clause does not actually apply. He noted that University
of Illinois has no foreign nationals working on its part of the
project.
Finally, on February 12 ARL arranged for a conference call to
discuss the publications issue. Patty States [now] Fox, a senior ARL contracting
officer, Joan Forester, ARL program officer, and Pat Emery, ARL attorney, were
on the call with Dr. Hayes and myself. The ARL participants indicated that they
understood and basically agreed with the points made in the December 5 memo,
indicated that they strongly support the university right to publish fundamental
research, and stated that ARL does not question the continuing validity of NSDD
189. However, the funding source for this particular agreement is the Army
Materiel Command (AMC), and AMC has issued policy requiring "review and
clearance" procedures for all contracts performed with AMC funds. At this time,
there is nothing ARL can do about that AMC clause. Ms. States Fox advised that
she and Mr. Emery are planning, over a period which will take at best several
more months, to try to change agency policy with regard to 6.1 (basic research)
and 6.2 (exploratory development) funding of university research, but that will
not happen in time to resolve the current contract.
The conference call
concluded as follows: Dr. Hayes would work with Ms. Forester to establish a
revised statement of work; Mr. Emery and/or Ms. States Fox would then take that
to ARL security and attempt to obtain one of two resolutions for this particular
scope of work -- either the work will not require "clearance" of publications;
or, the government can state that the work will not involve ITAR. Mr. Emery
subsequently advised that the university research would not be subject to the
ITAR.
Attachment C -- Emery 2/26/02 email, misforwarded to "oqc" email
address on 3/5; forwarded to correct address at "ogc" on 3/22. No ITAR
involvement.
Ms. States subsequently advised that it was still not
possible to remove the publication clearance clause. ARL requested status
updates, advising that the contract needs to be signed in April. I advised ARL
that the full University Senate had recommended granting an exception in the
Tamma matter and that the current request for an exception would be going
forward during April.
Attachment D – 3/28/02 emails.
I
requested on 3/28 that the lead technical contact for ARL -- the analogous
person to Dr. Andrew Mark for the Tamma agreement -- confirm that the likelihood
of this research generating sensitive information was "extremely remote." By
email of 4/1/02, Ms. Forester so confirmed.
Attachment E -- Forester
4/1/02 email, "extremely remote."
[End of chronology and
attachments]
COMMENT:
The Senate Research Committee will
have taken up this request at its meeting on April 15 and will bring a
recommendation to the Senate.
SCOTT MCCONNELL, CHAIR
SENATE RESEARCH
COMMITTEE
DISCUSSION:
Professor Scott McConnell, Chair of the
Research Committee, said that the Research Committee would like to present a
recommendation to the Senate to approve another exemption to the Secrecy in
Research Policy. He noted that since there was discussion of two other
exemptions at the March Senate meeting, he would provide senators with some
background on the policy. He then provided the following material to the
senators on overheads:
Regents’ Policies on Secrecy in
Research
- Publication of Investigation Results (7/19/1940)
- For “contracts with
industrial companies”
- UM “reserves right to
publish” but will provide advance review
- Research Secrecy (10/8/1971)
- Limits on Disclosure
- Limits on Public Dissemination of
Information
- Future Limitations on Contracts
(“exceptions)
Research Secrecy Policy: Limits on
Disclosure
- Covers “support from any source for research under a grant or
contract”
- UM must be able to
- Disclose existence of grant
- Disclose identity of sponsors
(subcontract, prime)
- Disclose purpose and scope of
proposed research
- Permit informal discussion
“of the wisdom of such research within the University”
- Inform colleagues “of the
nature and importance of the potential contribution to disciplines
involved”
Research Secrecy: Limits on Public Dissemination
of Information
- UM shall not accept support that “limits the full and prompt public
dissemination of results or specifically permits retroactive classification,
except for reasons found compelling by the University
community”
Research Secrecy: Exceptions (Sec II: Senate
Research Committee)
- Any grant or contract that “limits the full and prompt public
dissemination of results” shall be reported to the Senate Research
Committee (SRC)
- The SRC “shall recommend to the senate...acceptance or rejection of
every proposed contract or grant” which limits dissemination “
- The Senate reviews the SRC recommendation and forwards its own
recommendation to the President
- The President makes final decision
Current Recommendation for
Exception to Research Secrecy Policy
- Grant: Subcontract from Fed Labs Transition; Army Research Labs, prime
contractor and sponsor
- PI: Associate Professor Caroline Hayes, Mechanical Engineering
- Workscope: Fundamental research on decision-making processes with multiple
sources of information from battlefield (continuation of prior research)
- Project period began 8/01
Hayes Subcontract - Select
Features
- Sensitive data: US lead program officer states that likelihood of sensitive
data being produced is extremely remote
- No “deemed export” anticipated, so no restrictions on foreign
nationals’ participation (i.e., no ITAR restrictions)
- Pre-approval of all dissemination
- Contractor (Prof Hayes) shall not
release to anyone outside UM “any unclassified material, regardless of
medium” unless:
- Contracting Officer has given prior approval, or
- Information is in public domain
- Contractor must submit request at
least 45 days prior to proposed release
SRC
Recommendation
- At 4/15/02 meeting, SRC voted 11-0 to recommend approval of exception to
Research Secrecy Policy for Prof Hayes’s project. Points of discussion
included:
- Low likelihood of any restrictions
being imposed (but review will be required)
- Ongoing national efforts to ease
restrictions (balanced against possible expansion of restrictions)
- Continuation of past research
- Possibility of risk for student
thesis research
- Balance of interests, faculty
research and institutional priorities
Mark Bohnhorst from the
Office of the General Counsel explained the three classifications for the
Department of Defense’s research. One type is classified research, which
the University does not do. A second type is basic research, which is mainly
done at institutions and has no restrictions. A third type of research is
developmental or applied research, which has two sub-divisions: no ITAR control
or ITAR-controlled. The University also does not accept ITAR-controlled
research. This exemption falls into the developmental and applied research that
is not ITAR-controlled but which has publication controls. The Department of
Defense, on some contracts, is now requiring the right to review and clear for
possibly sensitive information, although the likelihood of sensitive information
is extremely remote.
Q: What action has the President taken on the two
exemptions that the Senate approved at the March meeting?
A: The
President will issue an answer shortly, although one exemption is moot since the
grant offer has been withdrawn.
Q: The exemption includes language
regarding payment for work done prior to the signed contract. What does this
mean?
A: Since the work began last August, there is some indication from
the government sponsor that they might be willing to pay for some of the
pre-signing work.
Q: Does the Research Committee feel that allowing these
exemptions will not weaken the University’s case against the Department of
Defense to change their policies on publication rights?
A: There has been
some discussion of this topic in terms of general principles while also dealing
with specific cases that have arisen.
With no further discussion a vote
was taken and the motion was approved.
APPROVED
13. ELECTION OF SENATE/ASSEMBLY VICE CHAIR(S) FOR
2002-03
Action by the University Senate and Twin Cities Campus
Assembly
Professor Joseph Massey, Chair of the Faculty Consultative Committee
(FCC), said that FCC has nominated Professor Marti Hope Gonzales as Vice Chair
of the University and Faculty Senates. Khaled Dajani, Chair of the Student
Senate Consultative Committee (SSCC), said that the Student Senate has nominated
Yev Garif as Vice Chair of the Twin Cities Campus Assembly. A vote was then
taken and the two nominations were approved.
__________________________________________________
MOTION A – BYLAWS
CHANGES
Action by All Bodies
Agenda Items 14. through 20. are offered as a one motion to be taken up
as a single item with one vote. Any item will be taken up separately at the
request of a senator.
COMMENT:
As an amendment to the Senate bylaws, a motion requires either a majority
of all voting members of the Senate (109) at one regular or special meeting, or
a majority of all members of the Senate present and voting at each of two
meetings. As an amendment to the Assembly bylaws, a motion requires either a
majority of all voting members of the Assembly (94) at one regular or special
meeting, or a majority of all members of the Assembly present and voting at each
of two meetings. This is the first meeting at which these motions are being
presented.
14. UNIVERSITY SENATE BYLAWS
AMENDMENT
Consultative Committees
Action by the University
Senate
MOTION:
To amend Article III, Section 3 of the University Senate Bylaws as follows
(new language is underlined) by adding a new section (i) and renumbering
existing sections accordingly.
ARTICLE III. SENATE COMMITTEES
...
3. CONSULTATIVE COMMITTEES
...
Duties and Responsibilities
Executive
...
i. To make editorial changes in Senate policies and documents (including
the constitution, bylaws, and rules) to reflect changes in titles of
administrative offices or officers; the changes will be reported to the Senate
for information.
...
COMMENT:
The Steering Committee/Consultative Committee
recommends that the Assembly/Senate authorize it to make changes in
Assembly/Senate policies and documents (including the bylaws and constitution)
when the ONLY reason for a change is to reflect changes in administrative titles
(individuals or units/organizations) to which there might be reference in
Assembly documents. This will eliminate the need to bring to the floor of the
Assembly or Senate amendments to bylaws or policies or other documents which are
only necessary because a title has changed. (One example is that the Academic
Staff Advisory Committee has recently changed its name to the Council of
Academic Professionals and Administrators. The Consultative Committee surmised
that the Senate would not be particularly interested in acting on pages of bylaw
changes which incorporated this change.)
If there is any change in the
reporting line, or change in office or administrator name that reflects
substantive (or substantial) changes in responsibility, the Steering
Committee/Consultative Committee will bring the change to the
Assembly/Senate.
JOSEPH MASSEY, CHAIR
SENATE CONSULTATIVE
COMMITTEE
15. TWIN CITIES CAMPUS ASSEMBLY BYLAWS
AMENDMENT
Steering Committees
Action by the Twin Cities
Campus Assembly
MOTION:
To amend Article III, Section 8 of the Twin Cities Campus Assembly Bylaws
as follows (new language is underlined) by adding a new section (h) and
renumbering accordingly.
ARTICLE III. TWIN CITIES CAMPUS ASSEMBLY
COMMITTEES
...
8. STEERING COMMITTEES
...
Assembly Steering Committee
...
Duties and Responsibilities
...
Executive
...
h. To make editorial changes in Assembly policies and documents
(including the constitution, bylaws, and rules) to reflect changes in titles of
administrative offices or officers; the changes will be reported to the Assembly
for information.
...
COMMENT:
This motion for editorial changes for Assembly
policies and documents parallels the previous motion for Senate policies and
documents.
JOSEPH MASSEY, CHAIR
ASSEMBLY STEERING
COMMITTEE
16. UNIVERSITY SENATE BYLAWS AMENDMENT
Rules
for Committees of the University Senate
Action by the University
Senate
MOTION:
To amend Article II of the University Senate Bylaws as follows (new
language is underlined; language to be deleted is struck
out).
ARTICLE II. RULES FOR COMMITTEES OF THE UNIVERSITY
SENATE
...
5. Faculty/academic professional
appointments to committees of the Senate normally shall be made for terms of
three years with appointments so adjusted that the terms of approximately one
third of the members expire each year. Academic professionals eligible to vote
may serve on all committees that report to the University Senate except the
Consultative Committee Faculty Consultative Committee and
the Judicial Committee. Student appointments to committees of the Senate
shall be made for terms of one year (see Rules Article III, Section 3, for
student eligibility rules).
...
COMMENT:
With the
recent change in membership provisions for academic professionals on Senate
committees, a proviso was made that the Council of Academic Professionals and
Administrators would have a representative on the Senate Consultative Committee.
This amendment brings this section of the bylaws into alignment with the
amendments passed at the last meeting.
The addition of the Judicial
Committee and Faculty Consultative Committee clarifies what is already provided
in the membership provision for the committees. Inasmuch as the Judicial
Committee hears claims concerning the tenure code, which applies only to
faculty, only faculty members may serve on it. The Faculty Consultative
Committee, as the name indicates, represents the faculty.
JOSEPH MASSEY, CHAIR
SENATE CONSULTATIVE
COMMITTEE
17. TWIN CITIES CAMPUS ASSEMBLY BYLAWS
AMENDMENT
Rules for Committees of the Twin Cities Campus
Assembly
Action by the Twin Cities Campus Assembly
MOTION:
To amend Article II of the Twin Cities Campus Assembly Bylaws as follows
(new language is underlined; language to be deleted is struck
out).
ARTICLE II. RULES FOR COMMITTEES OF THE TWIN CITIES CAMPUS
ASSEMBLY
...
5. Faculty/academic professional
appointments to committees of the Assembly shall be made for terms of three
years with appointments so adjusted that the terms of approximately one third of
the members expire each year. Academic professionals eligible to vote may serve
on all committees that report to the Assembly except the Steering
Committee Academic Health Center Faculty Consultative Committee, the
Faculty Academic Oversight Committee on Intercollegiate Athletics, and the
Faculty Steering Committee. Student appointments to committees of the
Assembly shall be made for terms of one year (see Rules Article III, Section 3,
for student eligibility rules).
...
COMMENT:
This amendment clarifies the membership of
certain committees in light of the expanded representation the Assembly granted
to academic professionals.
JOSEPH MASSEY, CHAIR
ASSEMBLY STEERING
COMMITTEE
18. TWIN CITIES CAMPUS ASSEMBLY BYLAWS
AMENDMENT
Council on Liberal Education
Action by the Twin
Cities Campus Assembly
MOTION:
To amend Article III, Section 3 of the Twin Cities Campus Assembly Bylaws
as follows (new language is underlined; language to be deleted is struck
out).
ARTICLE III. TWIN CITIES CAMPUS ASSEMBLY
COMMITTEES
...
3. COUNCIL ON LIBERAL
EDUCATION
...
Membership
The Council on Liberal
Education shall be composed of faculty and student representatives (both
undergraduate and graduate/professional); members of the academic staff may also
be appointed. Three-quarters of the members of the Council shall be regular
faculty members. ["Regular" as defined in Faculty Tenure]. The faculty
members shall be appointed by the Provost, in consultation with the deans and
with the faculty members of the Assembly Steering Committee, and shall be drawn
from among the colleges and schools of the Twin Cities campus, including the
professional schools. The student members shall be appointed by the Provost in
consultation with the student members of the Assembly Steering Committee.
Academic staff members shall be appointed by the Provost in consultation with
the Academic Staff Advisory Committee Council of Academic
Professionals and Administrators. The chair of the Council shall be
designated by the Provost and shall be a faculty member.
...
COMMENT:
This amendment is an editorial change to reflect
the new title of a committee.
JOSEPH MASSEY, CHAIR
ASSEMBLY STEERING
COMMITTEE
19. TWIN CITIES CAMPUS ASSEMBLY BYLAWS
AMENDMENT
Nominating Committee
Action by the Twin Cities
Campus Assembly
MOTION:
To amend Article III, Section 6 of the Twin Cities Campus Assembly Bylaws
as follows (new language is underlined; language to be deleted is struck
out).
ARTICLE III. TWIN CITIES CAMPUS ASSEMBLY
COMMITTEES
...
6. NOMINATING
COMMITTEE
...
Membership
...
The Faculty
Steering Committee shall nominate and certify as available twice as many tenured
or tenure-track faculty members as there are faculty seats available seats on
the Nominating Committee. The Academic Staff Advisory
Committee Council of Academic Professionals and Administrators
shall nominate and certify as available twice as many academic professional
staff members as there are academic professional seats available on the
Nominating Committee. The nominations will be presented at the first Assembly
meeting of spring semester. Additional nominations, certified as available,
may be made by: (1) petition of 12 voting members of the faculty (for faculty
members) or 12 voting members of the academic professional staff (for the
academic professional members), provided that the petition is in the hands of
the clerk of the Assembly the day before the Assembly meeting; (2) nomination on
the floor of the Assembly. In the event there are additional nominations, the
Assembly shall by vote reduce the slate to twice the number to be elected, and
shall forward the results to the clerk of the
Assembly.
...
Duties and Responsibilities
a. The
faculty members of the Nominating Committee shall nominate and certify as
available twice as many faculty candidates as are to be elected each year from
the Twin Cities campus and from those faculty from the Duluth campus eligible to
vote in Senate elections to the University Senate Consultative Committee. These
candidates shall be announced in the Twin Cities Campus Assembly docket for the
first meeting of the spring semester. Additional nominations, certified as
available, may be made by: (1) petition of 12 voting members of the faculties,
provided that the petition is in the hands of the clerk of the Assembly the day
before the Assembly meeting; (2) nomination on the floor of the Assembly. The
faculty representatives of the Assembly shall by vote reduce the slate to twice
the number to be elected and shall forward the results to the clerk of the
University Senate. Election procedures shall be in accordance with Article III,
Section 4 3, of the University Senate Bylaws.
...
COMMENT:
This amendment makes two editorial changes; one
to reflect the new title of a committee and the second to change the reference
to a specific section of the University Senate Bylaws.
JOSEPH MASSEY, CHAIR
ASSEMBLY STEERING
COMMITTEE
20. UNIVERSITY SENATE BYLAWS AMENDMENT
Faculty
Affairs Committee
Action by the University Senate
MOTION:
To amend Article III, Section 7 of the University Senate Bylaws as follows
(new language is underlined; language to be deleted is struck
out).
ARTICLE III. SENATE COMMITTEES
...
7. FACULTY
AFFAIRS COMMITTEE
...
Duties and
Responsibilities
...
g. Interact with the Academic
Staff Advisory Committee (ASAC) Council of Academic Professionals
and Administrators (CAPA) on all items that jointly impact academic staff
and faculty, such as benefits and
retirement.
...
COMMENT:
This amendment is an
editorial change to reflect the new title of a committee.
JOSEPH MASSEY, CHAIR
SENATE CONSULTATIVE
COMMITTEE
DISCUSSION:With no discussion, a
vote was taken and the University Senate motions were not approved with only 102
votes in favor and none opposed. The Twin Cities Campus Assembly motions were
not approved with only 85 votes in favor and none opposed. All motions will be
on the next docket for approval.
NOT APPROVED
__________________________________________________
END OF MOTION A
__________________________________________________
MOTION B – BYLAWS
CHANGES
Action by All Bodies
Agenda Items 21. through 23. are offered as a one motion to be taken up
as a single item with one vote. Any item will be taken up separately at the
request of a senator.
COMMENT:
As an amendment to the Senate bylaws, a motion requires either a majority
of all voting members of the Senate (109) at one regular or special meeting, or
a majority of all members of the Senate present and voting at each of two
meetings. As an amendment to the Assembly bylaws, a motion requires either a
majority of all voting members of the Assembly (94) at one regular or special
meeting, or a majority of all members of the Assembly present and voting at each
of two meetings. This is the first meeting at which these motions are being
presented.
21. TWIN CITIES CAMPUS ASSEMBLY BYLAWS
AMENDMENT
Provostal Faculty Consultative Committees
Action
by the Twin Cities Campus Assembly
MOTION:
To delete Article III, Section 7 of the Twin Cities Campus Assembly Bylaws
and add a new Section 1 as follows (new language is underlined; language to be
deleted is struck out), renumbering existing sections
accordingly.
ARTICLE III. TWIN CITIES CAMPUS ASSEMBLY
COMMITTEES
...
7. PROVOSTAL FACULTY CONSULTATIVE
COMMITTEES
There shall be a Provostal Faculty
Consultative Committee (PFCC) within each of the provostries on the Twin Cities
campus. Each PFCC shall represent the faculty at large of its respective
provostry and not the individual institutes, colleges, schools, or departments
within the
provostry.
Membership
The
Provostal Faculty Consultative Committees shall be composed as follows:
Academic Health Center: 8
faculty members [2 from the Medical School and 1 each from Dentistry, Nursing,
Pharmacy, Public Health, Veterinary Medicine, and the UMD School of
Medicine].
Arts, Sciences, and
Engineering: 6 faculty members [2 each from the College
of Liberal Arts and the Institute of Technology and 1 each from the College of
Biological Sciences and General
College].
Professional Studies:
9 faculty members [1 each from Agricultural, Food, and Environmental Sciences;
Architecture and Landscape Architecture; Education and Human Development; Human
Ecology; Law; Management; University of Minnesota Extension Service; Natural
Resources; and Public Affairs].
Members shall be
nominated in accordance with procedures established for the Faculty Consultative
Committee election and elected by college. Terms of office shall be three years
with terms beginning July 1 and terminating June 30. no member is eligible to
serve more than two consecutive full terms. Elections shall be adjusted so that
the terms of approximately one third of the members shall expire each year.
In case of a faculty vacancy, the remaining members of
the Provostal Faculty Consultative Committee by majority vote shall fill the
vacancy by interim appointment until the next general election. In the event of
changes in collegiate structure, the Faculty Assembly Steering Committee shall
be authorized to redistribute the membership within the appropriate
PFCC.
Each Provostal Faculty Consultative Committee
shall elect its chair from amongst its members for a one-year term of office.
The chair shall be eligible for re-election to that
position.
Duties and
Responsibilities
a. To meet at least monthly to
discuss matters of concern to the faculty.
b. To meet
regularly with the provost and other academic officers to represent the
viewpoints of the faculty.
c. The chair of each
Provostal Faculty Consultative Committee shall meet each semester with the chair
of the respective Provostal Student Consultative Committee to discuss issues of
concern to both faculty and students, and the two committees shall meet jointly
as deemed necessary by the chairs.
d. To meet
periodically with Faculty Senate/Assembly members from the respective provostry
to facilitate communication with the faculty.
e. To meet
with the Faculty Consultative Committee/Twin Cities Campus Faculty Assembly
Steering Committee at least annually.
f. To report to
the Faculty Assembly Steering Committee.
g. To submit an
annual report to the Faculty Assembly Steering Committee.
...
1. ACADEMIC HEALTH CENTER FACULTY CONSULTATIVE
COMMITTEE
The Academic Health Center Faculty Consultative Committee shall
represent the faculty at large in the Academic Health Center and not the
individual institutes, colleges, schools, or departments.
Membership
8 faculty members [2 from the Medical School and 1 each from Dentistry,
Nursing, Pharmacy, Public Health, Veterinary Medicine, and the UMD School of
Medicine].
Members shall be nominated by the Academic Health Center Committee on
Committees following the procedures established for the Faculty Consultative
Committee election and elected by college.
In case of a faculty vacancy, the remaining members of the Academic
Health Center Faculty Consultative Committee by majority vote shall fill the
vacancy by interim appointment from the college in which the vacancy occurred
until the next general election. In the event of changes in collegiate
structure, the Faculty Assembly Steering Committee shall be authorized to
redistribute the membership.
The Academic Health Center Faculty Consultative Committee shall elect
its chair from amongst its members for a one-year term of office. The chair
shall be eligible for re-election to that position.
Duties and Responsibilities
- To meet at least monthly to discuss matters of concern to the
faculty.
- To meet regularly with the Senior Vice President for the Health Sciences
and other academic officers to represent the viewpoints of the
faculty.
- To meet periodically with Faculty Senate/Assembly members from the
Academic Health Center to facilitate communication with the
faculty.
COMMENT:
When the Twin Cities campus was divided administratively into three
provostries, the Assembly established three provostal faculty consultative
committees to meet with the provosts. When President Yudof was appointed, he
eliminated the three provostries and replaced them with the Office of the
Executive Vice President and Provost (but retained the "provost" for the
Academic Health Center, renaming the position the Senior Vice President for the
Health Sciences). The two provostal faculty consultative committees proposed
for dissolution have not met since President Yudof was appointed.
This motion (1) disestablishes the two provostal faculty consultative
committees for which there is no longer an administrative officer, and (2)
continues the Academic Health Center Faculty Consultative Committee.
It is the view of the Faculty Assembly Steering Committee that if the
Executive Vice President and Provost is going to meet regularly with a
consultative committee, it should be the Steering Committee (the Twin Cities
members of the Faculty Consultative Committee), not a group that represents a
subset of the Twin Cities campus.
JOSEPH MASSEY, CHAIR
ASSEMBLY STEERING
COMMITTEE
22. TWIN CITIES CAMPUS ASSEMBLY BYLAWS
AMENDMENT
Nominating Committee
Action by the Twin Cities
Campus Assembly
MOTION:
To delete Article III, Section 6 of the Twin Cities Campus Assembly Bylaws
as follows (new language is underlined).
ARTICLE III. TWIN CITIES CAMPUS ASSEMBLY
COMMITTEES
...
6. NOMINATING COMMITTEE
...
Membership
...
The Faculty Steering Committee shall nominate and certify as available
twice as many tenured or tenure-track faculty members as there are faculty seats
available seats on the Nominating Committee. The Academic Staff Advisory
Committee shall nominate and certify as available twice as many academic
professional staff members as there are academic professional seats available on
the Nominating Committee. The nominations will be presented at the first
Assembly meeting of spring semester. Additional nominations, certified as
available, may be made by: (1) petition of 12 voting members of the faculty (for
faculty members) or 12 voting members of the academic professional staff (for
the academic professional members), provided that the petition is in the hands
of the clerk of the Assembly the day before the Assembly meeting; (2) nomination
on the floor of the Assembly. In the event there are additional nominations, the
Assembly shall by vote reduce the slate to twice the number to be elected, and
shall forward the results to the clerk of the Assembly.
In those instances when an incumbent member of the Nominating Committee
is eligible for re-election , the Faculty Steering Committee may present the
name of that individual to the Assembly for confirmation of reappointment
without another candidate on the ballot to fill the position. A proposed
confirmation of reappointment would not preclude additional nominations made
according to the provisions of the preceding paragraph; any such nomination must
stipulate against whom the nominee will run.
...
Duties and Responsibilities
...
b. Both the faculty and academic professional members of the Nominating
Committee shall nominate and certify as available twice as many faculty/academic
professional candidates for the Committee on Committees as are to be elected
each year. These candidates shall be announced in the Assembly docket for the
last meeting of the academic year. Additional nominations, certified as
available, may be made by: (1) petition of 12 voting members of the faculty or
academic professional staff eligible to serve in the Assembly, provided that the
petition is in the hands of the clerk of the Assembly the day before the
Assembly meeting; (2) nomination on the floor of the Assembly. At the last
Assembly meeting of the year, the faculty/academic professional representatives
of the Assembly shall elect by secret ballot members of the Committee on
Committees for three-year terms. No faculty/academic professional member is
eligible to serve more than two consecutive full terms. In the case of a tie,
the chair of the Assembly shall cast the deciding vote.
In those instances when a member of the Committee on Committees is
eligible for re-election, the Nominating Committee may present the name of that
individual to the Assembly for confirmation of reappointment without another
candidate on the ballot to fill the position. A proposed confirmation of
reappointment would not preclude additional nominations made according to the
provisions of the preceding paragraph; any such nomination must stipulate
against whom the nominee will run.
...
d. To report to the Faculty Steering Committee any issues or problems it
encounters which require the attention of the Assembly.
...
COMMENT:
This is a joint recommendation from the Faculty Assembly Steering Committee
and the Nominating Committee, made under the provision of (d), above. The
Faculty Assembly Steering Committee (the Twin Cities member of the Faculty
Consultative Committee), which nominates candidates for the Nominating Committee
(the body that identifies Twin Cities candidates for FCC and for the Committee
on Committees), determined that two of the incumbent members of the Nominating
Committee were willing to be continue their service.
This is the first year that the Nominating Committee has existed and
performed the tasks assigned to it. In order to establish a rotation in
membership terms, two of the seven faculty appointed last year were given
one-year terms. (Three were given two-year terms and three were given
three-year terms.)
The two individuals who were given one-year terms, Professor Charles
Campbell (Institute of Technology) and Professor Carol Wells (Medical School),
have said they were willing to continue to serve. Both individuals have been
conscientious, thoughtful, and contributing members of the Nominating Committee
who bring a campus-wide perspective to their work of identifying candidates.
The Faculty Assembly Steering Committee concluded that it would be
better to propose the bylaw amendment above (under the "Membership" paragraphs)
rather than set up an election in which two willing and able colleagues would be
forced to "run" in an election against two other able colleagues who would be
asked to run against them. This seemed to the Steering Committee a pointless
exercise. Rather than pit two individuals against each other, both of whom are
willing to serve the University through its governance system, it seemed more
sensible to ask those individuals on the Nominating Committee if they would
agree to reappointment, and ask others to serve in other capacities.
The
same logic applies to the work of the Nominating Committee in identifying
members of the Committee on Committees (under "Duties and Responsibilities"
section (b)): when incumbent members of the Committee on Committees who have
been thoughtful and productive members agree to serve a second term, it seemed
pointless to have to set up an election where one of our colleagues would
lose.
Obviously, in those cases when someone does not wish to serve
another term, or is no longer eligible, there would be an election by the
Assembly. It should also be noted that this option of reappointment rather than
election does NOT include the members of the Faculty Consultative Committee
itself; for those positions there would continue to be elections irrespective of
whether or not an incumbent candidate is willing to serve a second
term.
CAROL WELLS, CHAIR
NOMINATING
COMMITTEE
JOSEPH MASSEY, CHAIR
FACULTY STEERING
COMMITTEE
23. UNIVERSITY SENATE BYLAWS
AMENDMENT
Committee on Committees
Action by the University
Senate
MOTION:
To amend Article III, Section 2 of the University Senate Bylaws as follows
(new language is underlined).
ARTICLE III. SENATE COMMITTEES
...
2.
COMMITTEE ON COMMITTEES
Of the undergraduate student members, 3 shall
be elected from the Twin Cities campus, and one each from the Crookston, Duluth,
and Morris campuses. The Twin Cities undergraduate members shall be elected by
the Twin Cities undergraduate Student Senate members from among their number.
The graduate/professional student shall be elected by the graduate and
professional Student Senate members from among their number. Crookston, Duluth,
and Morris members shall be elected by their campus assemblies. Elections shall
be held during spring semester. Terms of membership shall be for one year. Any
student committee position that cannot be filled by October 1 will become a
Student Senate at-large position and may be filled by the Student Senate
Consultative Committee on an interim basis until the next general election.
Student vacancies shall be filled in accordance with the preceding procedures
for the balance of any unexpired term until the next general
election.
...
COMMENT:
There is currently no
provision for filling Student Committee on Committees’ vacancies arising
after the initial elections. This amendment corrects the problem.
KHALED DAJANI, CHAIR
STUDENT SENATE CONSULTATIVE
COMMITTEE
DISCUSSION:
With no discussion, a vote was taken and the
University Senate motions were not approved with only 108 votes in favor and
none opposed. The Twin Cities Campus Assembly motions were not approved with
only 91 votes in favor and none opposed. All motions will be on the next docket
for approval.
NOT APPROVED
__________________________________________________
END OF MOTION B
__________________________________________________
MOTION C – BYLAWS
CHANGES
Action by All Bodies
Agenda Items 24. and 25. are offered as a one motion to be taken up as
a single item with one vote. Any item will be taken up separately at the
request of a senator.
COMMENT:
As an amendment to the Senate bylaws, a motion requires either a majority
of all voting members of the Senate (109) at one regular or special meeting, or
a majority of all members of the Senate present and voting at each of two
meetings. As an amendment to the Assembly bylaws, a motion requires either a
majority of all voting members of the Assembly (94) at one regular or special
meeting, or a majority of all members of the Assembly present and voting at each
of two meetings. This is the first meeting at which these motions are being
presented.
24. UNIVERSITY SENATE BYLAWS
AMENDMENT
Consultative Committees
Action by the University
Senate
MOTION:
To amend Article III, Section 7 of the University Senate Bylaws as follows
(new language is underlined; language to be deleted is struck
out).
ARTICLE III. SENATE COMMITTEES
...
3.
CONSULTATIVE COMMITTEES
...
Student Consultative
Committee
Membership
The Student Consultative
Committee shall be composed of:
one two students from the Crookston campus
one two students from the Duluth campus
one two students from the Morris campus
- five students from the Twin Cities campus, as
follows:
In 1998-99, and every other year thereafter,
there shall be three undergraduate
students and two
graduate/professional students. In 1999-2000, and every other
year thereafter, there shall be four undergraduate
students and one
graduate/professional
student.
- two graduate/professional students from the Twin Cities Campus
- two undergraduate students from the Twin Cities
Campus
- the chair and vice chair of the Student
Senate
- ex officio representation as specified by vote of the
Senate
Student members, except for the chair and
vice chair, shall be elected in accordance with procedures determined by the
respective campuses' student constituencies, subject to the following
provisions: Aat the time of their
election, students shall be members of the University Senate (except for
Crookston).
...
COMMENT:
Current Student Senate
Consultative Committee (SSCC) membership is proportional, with one Duluth, one
Crookston, and one Morris representative, as well as an alternating system of
four Twin Cities undergraduates and one Twin Cities graduate/professional
student one year, and three Twin Cities undergraduates and two Twin Cities
graduate/professional students the next year. The participation on SSCC of the
Student Senate Chair and Vice Chair, and ex officio members would not be
changed.
This proposal would result in numerical representation, with 2
representatives each for Crookston, Morris, Duluth, Twin Cities undergraduates,
and Twin Cities graduate/professional students.
KHALED DAJANI, CHAIR
STUDENT SENATE CONSULTATIVE
COMMITTEE
25. TWIN CITIES CAMPUS ASSEMBLY BYLAWS
AMENDMENT
Steering Committees
Action by the Twin Cities
Campus Assembly
MOTION:
To amend Article III, Section 8 of the Twin Cities Campus Assembly Bylaws
as follows (new language is underlined).
ARTICLE III. TWIN CITIES CAMPUS ASSEMBLY
COMMITTEES
...
8. STEERING COMMITTEES
...
Assembly Steering
Committee
Membership
The Assembly Steering
Committee shall be composed of 7 (or possibly 8) elected members of the faculty,
1 elected academic professional member, 5 4
elected undergraduate and graduate/professional students, and the vice chair of
the Assembly. The numbers of undergraduate and graduate/professional
students on the Student Steering Committee shall be as
follows:
In 1998-99, and every other year thereafter,
there shall be three undergraduate students and two graduate/professional
students. In 1999-2000, and every other year thereafter, there shall be four
undergraduate students and one graduate/professional
student.
The faculty and academic professional
representatives shall serve as the Faculty Steering Committee; the student
representatives and the chair of the Student Assembly, unless the chair is from
another campus, shall serve as the Student Steering Committee.
...
COMMENT:
This motion for changes in the Assembly Steering
Committee membership parallels the previous motion for changes to the Senate
Consultative Committee.
KHALED DAJANI, CHAIR
STUDENT ASSEMBLY STEERING
COMMITTEE
DISCUSSION:
A senator said that he is opposed to the
motion in the current form since it reduces representation on the Twin Cities
campus. He also said that at least one of the Twin Cities campus student
assemblies has not discussed this issue.
Another senator noted that the
Student Senate and the Student Senate Consultative Committee (SSCC) both voted
in favor of these amendments.
A senator then said that while two student
groups did approve these amendments, the vote was not unanimous which seems to
indicate that more discussion on this subject is needed.
Another senator
said that he is not opposed to changing the membership of the SSCC, but he is
opposed to the way that the issue was handled and presented to the students. He
asked senators to vote against these amendments so that SSCC can have more
discussion and bring a more equitable change to the Senate next
year.
With no further discussion, a vote was taken and the University
Senate motion was not approved with only 28 votes in favor. The Twin Cities
Campus Assembly motion was not approved with only 13 votes in favor. All
motions will be on the next docket for approval.
NOT APPROVED
__________________________________________________
END OF MOTION C
26. UNIVERSITY SENATE CONSTITUTIONAL
AMENDMENT
Allocation of Functions and Powers
Action by the
University Senate
COMMENT:
As an amendment to the Senate Constitution, a motion requires either a
two-thirds majority of all voting members of the Senate (145) at one regular or
special meeting, or a majority of all members of the Senate (124) at each of two
meetings. This is the second meeting at which this motion is being presented.
The motion received 119 votes in favor at the March 28
meeting.
MOTION:
To amend the Senate Constitution, Article
III (3), as follows (new language is underlined):
3. Allocation
of Functions and Powers
...
d. In general, functions allocated
to the Faculty Senate shall include but not be limited to accreditation,
designation and granting of University honors, policies concerning faculty
appointment and tenure, and matters within the jurisdiction of the Faculty
Affairs and Judicial Committees. Only those members of the Faculty Senate
who hold probationary or tenured faculty appointments may vote on changes in the
"Regulations Concerning Faculty Tenure," any matters related to tenure, or any
matters related to the Judicial
Committee.
...
COMMENT:
As part of a package of
bylaw revisions establishing positions on some Senate and Assembly committees
for academic professional members, the Faculty Consultative Committee and the
Council on Academic Professionals and Administrators agreed that academic
professional members of the Faculty Senate should not be voting on tenure or
Judicial Committee matters, which are issues of concern exclusively to the
faculty.
JOSEPH MASSEY, CHAIR
FACULTY CONSULTATIVE
COMMITTEE
DISCUSSION:
This motion was withdrawn because of the lack
of senators present. It will be on the next docket for approval.
WITHDRAWN
27. PRESIDENT'S REPORT
President Yudof said that merger of the two athletic departments has been
approved and he feels that this is a positive step for the University. The one
athletic department should be more successful in marketing, fundraising, and
academic performance. He noted that this merger does not violate the principles
of Title IX.
Vice President Brown has projected a deficit of
approximately $21 million over the next five years. With the funding of three
sports by the alumni for three years and the merging of the departments, the
deficit will be reduced by $8.5 million, although there is still more work to be
done. While there is a short-term fix for three sports, another $50 million
needs to be raised to endow student athletic scholarships. He said that any
annual operational debt will be absorbed by the athletic department and not by
additional allocations.
He is pleased that the search committee for the
new athletic director has been announced. Professor Mary Jo Kane will chair
this search committee. He thanked her for taking on this responsibility. Other
committee members include: Dana Baum, student athlete; Billie Bye, alumnus; Art
Erdman, professor; Jean Freeman, coach; Ronald James, community member; Peggy
Lucas, alumnus; Don Lucia, coach; Laurie McLaughlin, athletics; Craig Swan, vice
provost; and Andrew Tank, student athlete. The committee has been asked to have
a final slate of candidates selected by June 13.
He said that there is a
proposal before the Advisory Committee on Athletics to eliminate the men’s
gymnastics team and the men’s and women’s golf teams beginning July
1, 2003, unless two deadlines are met. The first is that $900,000 must be
raised by June 30, 2002. The second is that an additional $1.8 million raised
by February 1, 2003. If these two deadlines are met then the teams would be
extended through June 30, 2005; if not, then the three teams would be eliminated
June 30, 2003.
28. QUESTIONS TO THE PRESIDENT
Q: With discussions about a Vikings/Gopher football stadium on campus, when
will Duluth be considered for an on-campus hockey stadium?
A: When the
moratorium was announced on new buildings, it was to focus attention on the
basic operating costs for the programs. Once basic needs are addressed then the
Duluth issue can be dealt with since there is not consensus at Duluth. Some
people would like to retain the hockey facility at its current site while other
people want the team on campus. Until this issue is resolved, no planning will
be considered.
29. TENURE SUBCOMMITTEE
Statements from the
Tenure Subcommittee
Information for the Faculty Senate
STATEMENT 1:
The Tenure Subcommittee was asked by the
Faculty Consultative Committee (FCC) whether the timelines for allegations of
academic misconduct are appropriate. The question was prompted by what appeared
to unreasonably long delays in completing various steps in one particular
case.
The Tenure Subcommittee met with Professor George Sheets, Chair of
the Senate Judicial Committee, to discuss the specific case and the guidelines
generally. In the judgment of the Subcommittee, based on Professor
Sheets’s comments, the timelines for investigations of academic misconduct
appear to be acceptable.
In the specific case, the internal guidelines
were followed, although there was a lot of back-and-forth about the statement of
the case and jurisdiction. It may be that the University administration was too
fastidious in seeking to identify rules that were broken, but no one was denied
due process. We understand the administration was informed that it is
inappropriate to use tactics that may stop an issue from being heard through the
normal process.
STATEMENT 2:
The Tenure Subcommittee was
asked by the Faculty Consultative Committee (FCC) to respond to a question about
the standards that should be used by a department in making a decision about
promoting an associate professor to full professor.
The Tenure
Subcommittee believes that the standards and process used to make a decision
about promotion to full professor should be consistent with the unit's statement
required by Section 7.12 of the "Regulations Concerning Faculty
Tenure."
The Subcommittee will recommend appropriate changes or
clarifications to the Regulations Concerning Faculty Tenure or applicable
administrative policy in the near future.
WILLIAM GARRARD, CHAIR
TENURE
SUBCOMMITTEE
30. REPORT OF THE NOMINATING COMMITTEE FOR
THE
ASSEMBLY COMMITTEE ON COMMITTEES ELECTION
Action by TC
Faculty and Academic Professional Members
MOTION:
That the Twin Cities Campus Faculty Assembly confirm
the reappointment of Professors Catherine French and Deon Stuthman for
additional three year terms on the Committee on Committees. A simple majority
is required for approval.
CATHERINE FRENCH: Professor of Civil
Engineering, Institute of Technology. University Senate member: None.
Senate/Assembly Committee participation (past and present): Committee on
Committees, 2000-02; Council on Liberal Education, 1992-95; Finance and
Planning, 1996-2000.
DEON STUTHMAN: Professor of Agronomy and Plant
Genetics, College of Agricultural, Food, and Environmental Sciences. University
Senate member: 1980-83, 1986-89, 1990-93. Senate/Assembly Committee
participation (past and present): Committee on Committees, 2001-02;
Consultative, 1983-86, Chair 1985-86; Finance, 1984-85, Chair 1984-85;
Intercollegiate Athletics, 1986-89, chair 1987-89; Nominating Committee,
1999-2000; Support Services, 1991-94, Chair
1991-94.
INFORMATION:
The Twin Cities Campus Assembly
Bylaws specify that the Nominating Committee may present the name of an
individual, eligible for re-election, to the Assembly for confirmation of
reappointment without another candidate on the ballot to fill the
position.
CAROL WELLS, CHAIR
NOMINATING
COMMITTEE
DISCUSSION:
Professor Joseph Massey, Chair of the Faculty
Consultative Committee (FCC), said that this motion is withdrawn since previous
bylaw amendments were not approved. He introduced a substitute motion to allow
the FCC to reappoint these two individuals on an interim basis until the bylaw
amendments can be approved.
The motion was seconded, and with no
discussion a vote was taken and the motion was approved.
APPROVED
31. REPORT OF THE NOMINATING COMMITTEE FOR
THE
ASSEMBLY COMMITTEE ON COMMITTEES ELECTION
Action by TC
Faculty and Academic Professional Members
MOTION:
That the Twin Cities Campus Faculty Assembly approve
the following slate of nominees to fill one 2002-05 Twin Cities faculty/academic
professional vacancy on the Committee on Committees. A simple majority is
required for approval. Once the slate is approved, a ballot will be distributed
for voting.
MARY JO MAYNES: Professor of History, College of Liberal
Arts. University Senate member: 1998-2000. Senate/Assembly Committee
participation (past and present): None.
JOEL WEINSHEIMER: Professor of
English Language and Literature, College of Liberal Arts. University Senate
member: None. Senate/Assembly Committee participation (past and present):
Council on Liberal Education, 1995-99, Chair
1997-99.
INFORMATION:
The Twin Cities Campus Assembly
Bylaws specify that the Assembly shall elect by written ballot at its spring
semester meeting faculty/academic professional members to fill vacancies on the
Assembly Committee on Committees from a slate of candidates provided by a
special nominating committee. Other candidates may be nominated by petition of
12 members of the Assembly. Petitions to nominate candidates not on the slate
must be in the hands of the Clerk of the Assembly on the day before the meeting
at which the election is to be conducted. The elected Twin Cities
faculty/academic professional members of the committee whose term continue at
least through 2002-03 are:
Carl Adams, Carlson School of Management
Jean Bauer,
College of Human Ecology
Carol Chomsky, Law School
Thomas Fletcher,
College of Veterinary Medicine
Thomas Mackenzie, Medical School
Richard
Poppele, Medical School
CAROL WELLS, CHAIR
NOMINATING
COMMITTEE
DISCUSSION:
With no discussion, a vote was taken and the
motion was approved. Ballots were then distributed for voting.
APPROVED
32. REPORT OF THE FACULTY ASSEMBLY STEERING
COMMITTEE
FOR THE NOMINATING COMMITTEE ELECTION
Action by TC
Faculty and Academic Professional Members
(2
minutes)
MOTION:That the Twin Cities Campus Faculty Assembly confirm
the reappointment of Professors Charles Campbell and Carol Wells for additional
three year terms on the Nominating Committee. A simple majority is required for
approval.
CHARLES CAMPBELL: Professor of
Physics and Astronomy, Institute of Technology. University Senate member:
1983-86, 1995-98. Senate/Assembly Committee participation (past and present):
Arts, Sciences, and Engineering Provostal Faculty Consultative, 1996-98;
Committee on Committees, 1992-93; Consultative, 1986-88; Faculty Affairs,
1984-87; Finance, 1986-87; Finance and Planning, 1998-2002; Nominating, 2001-02;
Support Services, 1993-94; University College Assembly, 1986-87.
CAROL
WELLS: Professor of Laboratory Medicine and Pathology, Medical School.
University Senate member: 1997-99. Senate/Assembly Committee participation
(past and present): AHC Finance and Planning, 1997-03; Faculty Affairs, 1999-02;
Judicial, 1993-99; Nominating, 2001-02, chair
2001-02.
INFORMATION:The Twin Cities Campus Assembly
Bylaws specify that the Nominating Committee may present the name of an
individual, eligible for re-election, to the Assembly for confirmation of
reappointment without another candidate on the ballot to fill the
position.
JOSEPH MASSEY, CHAIR
FACULTY ASSEMBLY STEERING
COMMITTEE
DISCUSSION:
Professor Joseph Massey, Chair of the Faculty
Consultative Committee (FCC), said that this motion is withdrawn since previous
bylaw amendments were not approved. He introduced a substitute motion to allow
the FCC to reappoint these two individuals on an interim basis until the bylaw
amendments can be approved.
The motion was seconded, and with no
discussion a vote was taken and the motion was approved.
APPROVED
33. REPORT OF THE FACULTY ASSEMBLY STEERING
COMMITTEE
FOR THE NOMINATING COMMITTEE ELECTION
Action by TC
Faculty and Academic Professional Members
MOTION:
That the Twin Cities Campus Faculty Assembly approve
the following slate of nominees to fill one 2002-05 Twin Cities faculty/academic
professional vacancy on the Nominating Committee. A simple majority is required
for approval. Once the slate is approved, a ballot will be distributed for
voting.
SUSAN NOAKES: Professor of French and Italian, college of Liberal
Arts. University Senate member: None. Senate/Assembly Committee participation
(past and present): None.
RICHARD SKAGGS: Professor of Geography, College
of Liberal Arts. University Senate member: 2000-01. Senate/Assembly Committee
participation (past and present): Council on Liberal Education, 1991-95, Chair
1991-95; Educational Policy, 1998-2000; Intercollegiate Athletics, 1990-91;
University College Assembly, 1982-85, 1995-96, Chair
1983-84.
INFORMATION:
The Twin Cities Campus Assembly
Bylaws specify that the Assembly shall elect by written ballot faculty/academic
professional members to fill vacancies on the Nominating Committee from a slate
of candidates provided by the Faculty Assembly Steering Committee. Other
candidates may be nominated by petition of 12 members of the Assembly. Petitions
to nominate candidates not on the slate must be in the hands of the Clerk of the
Assembly on the day before the meeting at which the election is to be conducted.
The elected Twin Cities faculty/academic professional members of the committee
whose term continue at least through 2002-03 are:
Gerry Baldridge, Medical School
Vicki Glasgow, University
Libraries
Roberta Humphreys, Institute of Technology
Patrice Morrow,
College of Biological Sciences
Jean Quam, College of Human Ecology
JOSEPH MASSEY, CHAIR
FACULTY ASSEMBLY STEERING
COMMITTEE
DISCUSSION:
With no discussion, a vote was taken and the
motion was approved. Ballots were then distributed for voting.
APPROVED
34. SENATE COMMITTEE ON FACULTY
AFFAIRS
Exit Interviews for Faculty
Action by the Faculty
Senate
MOTION:
That the Faculty Senate adopt the following
statement:
The Faculty Senate requests the President to direct the Office
of Human Resources, in concert with a subcommittee of the Committee on Faculty
Affairs, to develop a strategy for gathering systematic information from faculty
who leave the University for other academic positions. An annual report of the
findings from faculty who have left should be presented to the Committee on
Faculty Affairs.
COMMENT:
The Committee on Faculty Affairs
has been informed about the draft report of the Faculty Development Working
Group (a group which it appointed jointly with Vice Provost Robert Jones). One
element of the report will include information gleaned from interviews with
faculty members who left the University of Minnesota to take positions at other
academic institutions. It appears that the results of these interviews may be
of considerable value as the University--its departments, colleges, and
campuses--tries to create a working environment that helps it attract and retain
the best faculty. The Committee thus asks the Faculty Senate to endorse a
statement requesting that exit interviews routinely be conducted and summaries
of the information be provided to the Committee.
RICHARD GOLDSTEIN, CHAIR
SENATE COMMITTEE ON
FACULTY AFFAIRS
DISCUSSION:
With no discussion a vote was taken and the
motion was approved.
APPROVED
35. BENEFITS ADVISORY COMMITTEE REPORT
Update
on Proposals for Life and Dental Insurance, and Insurance for
Retirees
Discussion by the Faculty Senate
Gavin Watt, Vice Chair of the Benefits Advisory Committee (BAC), said
that last year the BAC recommended that the University separate from the state
for health insurance. This year, effort has been focused on the dental, life
insurance, and retiree health which will be separated from the state starting in
2003. He noted that union employees still have the right to bargain for their
fringe benefits and that since the proposals are still bids, no vendors can be
revealed.
For the dental plan, the anticipation is that more dentists
will be available even though many of the vendors should remain the same. One
additional plan, an indemnity plan, might also be offered to allow coverage
across the country. Other features of the new plans include adding more
preventive visits for people with periodontal problems, adding implants to the
set of restorative features, and increasing the annual maximum
benefit.
In regard to life insurance, every employee has basic life
insurance and is provided the option to purchase additional coverage. The
proposal for faculty and academic professionals will remain at salary plus
$25,000. Civil service coverage will have the cap removed. As part of the
bidding process, the BAC decided to simplify the life insurance choices. One
plan provides employees with a $500 life insurance policy upon retirement. BAC
has recommended that that University drop this coverage.
By the
University putting life insurance on bid, it will save the University 5% or
$360,000. Another cost savings of $210,000 will occur by reducing life
insurance coverage at age 65 and again at age 70. The recommendation is that
any savings from life insurance be put into dental insurance.
Optional
life insurance rates will also drop because of the bid process. For those
employees over 44 years of age, the rate will drop by 25%. The BAC has
recommended that one form of optional life insurance, a policy that employees
buy five years before retirement, also be eliminated since it will save other
employees who do not buy this coverage 36%. BAC has also recommended that
accidental death and dismemberment insurance be phased-out.
Retiree
health insurance will contain the same vendors and similar plans as are
currently offered, although more vendors will be added at Duluth and Morris.
Premiums will increase by 17%, which is primarily driven by increased pharmacy
costs. BAC has asked the vendors to provide costs on health insurance plans
with varying levels of co-pays, as was instituted for some of the UPlan health
plans last year.
The timeline for these three plans is that the BAC will
be finalizing the details with the administration in May. The proposal will be
presented to the Regents in May and June. The dental insurance plans will be
first to be implemented since it needs to be added to the system prior to a
PeopleSoft upgrade. Open enrollment for all these plans will take place in fall
2002.
Disability and long-term care plans are also included in the
benefits package. BAC has contacted the providers to switch the contracts to
the University for this year, and an RFP will be conducted in
2004.
Employee Benefits has been pleased with the new health insurance
packages offered last year. Benefits have been delivered, with a few start-up
glitches as was to be anticipated. It is still too early to analyze the
University’s experience data since the first quarter data have not arrived
yet.
Lastly, Gavin Watt noted that a new position, Director of Retiree
Benefits, has been created and the hiring process is ending. Steve Burrows, the
previous Director of Health Benefits, has left the University so this position
is also being filled.
Q: Will long-term care coverage be offered through
the same provider?
A: The current coverage will be available for one more
year from the same vendor. In 2004, the coverage will be re-bid and the
provider might change.
36. OLD BUSINESS
NONE
37. NEW BUSINESS
NONE
38. ADJOURNMENT
The meeting was adjourned at 3:59 p.m.
Rebecca Hippert
Abstractor
APPENDIX A
MEMORIAL
STATEMENTS
FACULTY
Marguerite C. Burk
Marguerite C. Burk was a pioneer in, and a significant contributor to the
development of consumer economics, both nationally and at the University of
Minnesota. A native of Kansas, she received B.A. and M.A. degrees from the
University of Kansas. Her initial work on consumption issues was completed as a
contribution to the National Youth Administration project in 1936-37 at the
University of Kansas. She rapidly expanded her studies of fo