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
  1. For “contracts with industrial companies”
  2. UM “reserves right to publish” but will provide advance review
  1. Limits on Disclosure
  2. Limits on Public Dissemination of Information
  3. Future Limitations on Contracts (“exceptions)
Research Secrecy Policy: Limits on Disclosure
  1. Disclose existence of grant
  2. Disclose identity of sponsors (subcontract, prime)
  3. Disclose purpose and scope of proposed research
  4. Permit informal discussion “of the wisdom of such research within the University”
  5. Inform colleagues “of the nature and importance of the potential contribution to disciplines involved”
Research Secrecy: Limits on Public Dissemination of Information
Research Secrecy: Exceptions (Sec II: Senate Research Committee)
Current Recommendation for Exception to Research Secrecy Policy
Hayes Subcontract - Select Features
  1. Contractor (Prof Hayes) shall not release to anyone outside UM “any unclassified material, regardless of medium” unless:
  1. Contractor must submit request at least 45 days prior to proposed release
SRC Recommendation
  1. Low likelihood of any restrictions being imposed (but review will be required)
  2. Ongoing national efforts to ease restrictions (balanced against possible expansion of restrictions)
  3. Continuation of past research
  4. Possibility of risk for student thesis research
  5. 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

  1. To meet at least monthly to discuss matters of concern to the faculty.

  2. To meet regularly with the Senior Vice President for the Health Sciences and other academic officers to represent the viewpoints of the faculty.

  3. 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:


- 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.

- the chair and vice chair of the Student 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