The second meeting of the University Senate for 1999-00 was convened in 25 Law Building, Minneapolis campus, on Thursday, December 2, 1999, at 2:08 p.m., as a joint meeting of the University Senate, Faculty Senate, and Twin Cities Campus Assembly. Coordinate campuses were linked by telephone. Checking or signing the roll as present were 120 voting faculty/academic professional members, 22 voting student members, 1 ex officio member, and 4 nonmembers. President Mark Yudof presided.

The announcement was made that there would not be a Senate/Assembly meeting on December 9.

The University Senate, Faculty Senate, Student Senate, and Twin Cities Campus Assembly minutes are available on the Web at the following URL:

DISCUSSION:

With no discussion a vote was taken and the motion was approved.

APPROVED

The Senate rose to pay tribute to the following members of the University Community. Memorials appear in an appendix to these minutes.

University Senate

Education in the Responsible Conduct of Sponsored Research and Grants Management Policy

Approved by the:

University Senate April 22, 1999 Administration May 1999 Board of Regents PENDING

Principal Investigator Eligibility on Sponsored Projects Policy

Approved by the:

University Senate April 22, 1999 Administration July 1999 Board of Regents PENDING

Amendments to the University Senate Constitution

Approved by the:

University Senate Nov. 5, 1998, April 22, 1999, May 20, 1999 Administration July 1999 Board of Regents PENDING

Faculty Senate

Amendments to Faculty Tenure

Approved by the:

Faculty Senate April 22, 1999 Administration PENDING Board of Regents PENDING

Interpretation of Faculty Tenure

Approved by the:

Faculty Senate April 22, 1999 Administration July 1999 Board of Regents PENDING

Amendment to the Judicial Committee Rules of Procedure

Approved by the:

Faculty Senate April 22, 1999 Administration PENDING Board of Regents PENDING

Intellectual Property Policy
(http://www1.umn.edu/usenate/policies/intelpropertycp.html)

Approved by the:

Faculty Senate May 20, 1999 Administration July 1999 Board of Regents October 8, 1999

Resolution Concerning Retention of Faculty Lines

Approved by the:

Faculty Senate September 30, 1999 Administration PENDING Board of Regents - no action required

Twin Cities Campus Assembly

Amendments to the Twin Cities Campus Assembly Constitution

Approved by the:

Assembly April 22, 1999 and May 20, 1999 Administration July 1999 Board of Regents PENDING

Professor Fred Morrison, chair of the Senate Consultative Committee (SCC), reported that the committees have been dealing with athletics, which will be discussed later in the meeting. Other items that will be brought to the Senate in the future include a report from the Student Academic Integrity Committee (SAIC) dealing with academic integrity in general. A forum will be held on this topic from 1 - 3 p.m. on Tuesday, December 7 in this room. The President, students, and people in the governance structure will be there to speak and hear comments. The SAIC will then have a preliminary report for discussion at the February Senate meeting so that this topic can be concluded at the April Senate meeting.

Secondly, the Health Plan Task Force (HPTF) has been studying the health insurance issues and its chair, Professor McGehee, will be speaking later in the meeting.

The third issue is a follow-up from the Joint Committee on Academic Appointments that was chaired last year by Professor Kent Bales. A task force, including deans and faculty, has been working on this issue and a report should be ready in a few weeks. This might then be an action item in February.

Lastly there is a Budget Task Force which should be reporting within the next month. Some of these items will be included for information in February.

Additionally, all Senate and Assembly committees continue to be working on their specific topics and generating future agenda items.

MOTION:

To approve additional members of the various Senate/Assembly committees for 1999-00: (A simple majority by all bodies is required for approval.)

University Senate committee memberships for 1999-00:

DISABILITIES ISSUES - Students: Amanda Perlman, Jessica Voigts.

EDUCATIONAL POLICY - Students: Tina Rovick, Rita Snider, Lisa Wersal, Jennifer Wright, Bradley Wuotila, 1 to be named.

EQUAL EMPLOYMENT OPPORTUNITY FOR WOMEN - Academic Professionals: Elizabeth Leach.

FINANCE AND PLANNING - Students: Vinay Nangia, Shana Saeger, Olufunke Rose Samuel, Rachel Sullivan.

INFORMATION TECHNOLOGIES - Civil Service: Jeff Johnson. Students: Percy Chaby, Stephen LaPlant, Kevin McDowell.

LIBRARY - Students: Amy Kudronowicz, Stephen LaPlant, Amy Myrbo, Walter Sargent.

RESEARCH - Students: Patricia Gladchild, Barbara Van Drasek, Bradley Wuotila.

SOCIAL CONCERNS - Civil Service: John Jensen. Students: Selma De Ridder, Meghan McCauley, Stephanie Root, Jennifer Young, 3 to be named.

STUDENT AFFAIRS - Students: Sabeen Altaf, Jeremy Dressen, Percy Chaby, Ryan Nagle, Shane Naslund, Stephanie Root, 2 to be named.

FOR INFORMATION:

ALL-UNIVERSITY HONORS - Students: Jenny Carrier, Carrie Mak, Anne Schullo.

COMMITTEE ON COMMITTEES - Faculty/PA: Francisco Ocampo.

Faculty Senate committee memberships for 1999-00:

FACULTY AFFAIRS - Students: Janet Holdsworth, Meghan McCauley.

JUDICIAL - Faculty: Marty Rossmann, James Van Alstine.

Twin Cities Campus Assembly committee memberships for 1999-00:

EDUCATIONAL POLICY -Students: Tina Rovick, Rita Snyder, Lisa Wersal, Bradley Wuotila.

INTERCOLLEGIATE ATHLETICS - Faculty/PA: William Clapp, Pete Magee, Robert Pickert. Faculty Representatives: Mariah Snyder. Students: Jenny Carrier, Shelley Miller, 1 to be named.

STUDENT BEHAVIOR - Faculty: Carol Shield. Students: Ben Bowman, Megan Ellingboe, Irene Kao, Amy Kudronowicz, Craig Limesand, Kevin McDowell, Amanda Perlman, Olufunke Rose Samuel, John Schmit, Anne Schullo, Jennifer Young.

FOR INFORMATION:

COMMITTEE ON COMMITTEES - Faculty/PA: Francisco Ocampo.

KAREN KARNI, Chair
COMMITTEE ON COMMITTEES

DISCUSSION:

With no discussion a vote was taken and the motion was approved.

APPROVED

MOTION:

That the Faculty Assembly and UMD faculty senators approve the following group of individuals to serve as the Nominating Committee to name six candidates to fill, by election, three 2000-03 TC/UMD vacancies on the Faculty Assembly Steering Committee/Senate Consultative Committee and six candidates to fill, by election, three 2000-03 vacancies on the Academic Health Center Provostal Faculty Consultative Committee.

COMMENT:

The Twin Cities Campus Assembly Bylaws require approval of the Nominating Committee by the Faculty Assembly and UMD faculty senators.

KAREN KARNI, Chair
COMMITTEE ON COMMITTEES

DISCUSSION:

With no discussion a vote was taken and the motion was approved.

APPROVED

BACKGROUND

The University's health benefit package is determined by the State of Minnesota through collective bargaining between the State Department of Employee Relations and the unions representing organized employees. State statute spells out this process and gives the University the option of joining the resulting group insurance program.

The State Joint Labor Management Committee is charged with monitoring existing plan performance and studying the possibilities for modifying the plan designs. The committee's recommendations are used as the basis for collective bargaining. Although the University does not participate in the collective bargaining, the University has traditionally had representation on the State Labor Management Committee.

The University's Health Plan Task Force (HPTF) was constituted in Fall 1997 in response to the loss of Medica Premier as an option. It was originally appointed by FCC, SCFA, and AAUP, and charged with studying the long term solutions to the health benefits crisis. It is currently expanding and becoming a joint administration/governance initiative.

RECENT DEVELOPMENTS AT THE STATE

• "Care System Approach" did not come to pass
  
• Instead, we got "modified status quo":
  • Price up 23-42% plus
    
  • Medica Premier out; Preferred One in
    
  • All plans now "self-insured"
• "Status Quo is not an option": State plans to continue moving toward a Care System Approach for 2002

• Conduct a major study of the options
  • A consulting company has been identified -- to Regents for Approval December 9
    
  • The Task Force is currently being expanded
• Define a continuing process for future health benefits changes

RICHARD MCGEHEE, Chair
HEALTH PLAN TASK FORCE

DISCUSSION:

Professor McGehee, chair of the Health Plan Task Force (HPTF), distributed a handout that detailed the background of this process. He noted that when he last reported to this body, a year ago, he expressed a degree of optimism that the state was heading towards a "Care System Approach." Returning to the handout, he noted that this did not happen. Other changes did occur, such as self-insurance which allows the state to get more usage data from the health care providers.

He commented that people tell him that things are fine as is so nothing should be changed. What these people do not realize is that if the University does nothing, things will change and not always for the better.

In the meantime, the HPTF will be expanding its membership to include union representatives and students, and the administration has agreed that the task force can seriously study what it would mean to separate from the state. To facilitate this task, the HPTF has found a consultant to work with. The company will go through purchasing and then needs Regents' approval. The two issues to be addressed are whether there is some way for the University to purchase health insurance for its employees that would be an improvement over what the University currently has with the state and what kind of process would be needed by the University each year to make sure that health insurance is being purchased which is effective for the administration as well as the employees.

In closing he noted the web address on the handout as a source of information and said that the HPTF welcomes input.

As an amendment to the Constitution, this motion requires a 2/3 majority of all voting members (132) at this meeting for approval, or a majority (100) of all members at two successive meetings.

MOTION:

To amend the University Senate Constitution, Article III, Section 1; and Twin Cities Campus Assembly Constitution, Article II, Section 1, as follows (language to be added is underlined; language to be deleted is struck-out):

University Senate Constitution - Article III. University Senate

1. Membership

The University Senate shall be composed of the following voting members: (a) the president of the University; (b) members of the Senate Consultative Committee, who shall serve as ex officio voting members; and (c) the elected faculty, academic professional, and student representatives of the various institutes, colleges, and schools of collegiate rank, and the Graduate School. Only elected faculty or academic professional representatives or properly designated faculty and academic professional alternates shall serve as the Faculty Senate; the elected student representatives shall serve as the Student Senate. Each member of the University Senate shall represent the University as a whole. Academic officers with class titles 9302-9329 shall serve as ex officio nonvoting members. The deans, vice presidents, chancellors, provosts, the University Librarian, and the General Counsel shall serve as ex officio nonvoting members. Student body presidents of the Twin Cities, Duluth, Morris, and Crookston student bodies, and the president of the Graduate and Professional Student Assembly, shall, if not otherwise elected, serve as ex officio nonvoting members.

Twin Cities Campus Assembly Constitution - Article II. Twin Cities Campus Assembly

1. Membership

The Assembly shall be composed of the following voting members: (a) the president of the University; (b) the Twin Cities campus members of the Senate Consultative Committee, who shall serve as ex officio voting members; and (c) the elected faculty, academic professional, and student representatives of the various institutes, colleges, and schools of collegiate rank, and the Graduate School. Only elected faculty/academic professional representatives or properly designated faculty/academic professional alternates shall serve as the Faculty Assembly; the elected student representatives shall serve on the Minnesota Student Association Forum, or the Graduate and Professional Student Assembly, as designated by the Student constituency in the electing college. Each member of the Assembly shall represent the Twin Cities campus as a whole. The Twin Cities campus academic officers with class titles 9302-9329 shall serve as ex officio nonvoting members. The Twin Cities campus deans, vice presidents, provosts, the University Librarian, and the General Counsel shall serve as ex officio nonvoting members. The student body president shall, if not otherwise elected, serve as an ex officio nonvoting member.

NOTE: The title "vice president' includes individuals with the term vice president, senior vice president, or executive vice president. It does not include associate vice president or assistant vice president.

COMMENT:

There are two reasons the Senate Consultative Committee proposes this change. First, a constitution should not have a technical item such as appointment class numbers in it. Second, the individuals included in that list of class titles includes associate and assistant deans, associate and assistant vice chancellors and provosts, and so on; the number of ex officio members of the Senate/Assembly created by this language exceeds 100. Few of these people attend Senate/Assembly meetings; many are unaware that they have ex officio Senate/Assembly membership.

The Senate Consultative Committee believes that the ex officio members of the Senate/Assembly should be limited to the chief academic and administrative officers of the University, and that those individuals should be strongly encouraged to attend Senate/Assembly meetings and take part in the deliberations.

In order that the information about Senate/Assembly agenda items is effectively communicated throughout the institution, however, the Senate office will continue to distribute copies of Senate agendas to those individuals who have class titles 9302-9329.

FRED MORRISON, Chair
SENATE CONSULTATIVE COMMITTEE

DISCUSSION:

A senator made a friendly amendment to modify the Assembly language to "student body presidents" which would include the three student body presidents on the Twin Cities campus.

Professor Fred Morrison, chair of the Senate Consultative Committee (SCC), did not accept this as a friendly amendment since it was not made ten days prior to the meeting.

With no further discussion a vote was taken and the motion was not approved with only 126 in favor and none opposed. The motion did pass provisionally and would return at the February meeting.

NOT APPROVED

COMMENT:

As a bylaw amendment, this motion requires a majority of all voting members (100) at one meeting for approval, or a majority of all members present and voting at two successive meetings. This motion did not receive a majority of all voting members at the September 30 meeting, but did receive a majority of all members present at the meeting. A majority of all members present and voting at this meeting is required for approval.

MOTION:

To amend the University Senate Bylaws, Article III, Section 8, as follows (additions are underlined):

8. FINANCE AND PLANNING COMMITTEE

The Finance and Planning Committee serves as the consultative body to the president and senior academic officers on all major issues of budget and planning, including the capital request.

The Committee may, from time to time, act as a Twin Cities campus committee, and take up matters exclusively of concern to the Twin Cities, and may appoint subcommittees to deal with issues that pertain only to the Twin Cities Campus.

Membership

The Finance and Planning Committee shall be composed of 8 faculty/academic professional members, 4 students, 2 civil service staff members, and ex officio representation as specified by vote of the Senate. Faculty/academic professional and student members shall be nominated by the Committee on Committees with the approval of the Senate. Civil service members shall be appointed by the president in consultation with the Civil Service Committee. All terms (except student terms) shall be for four years. The Committee may, on its own authority, add to its ex officio membership by requesting that faculty or student chairs and/or other members of standing subcommittees serve on the Committee.

COMMENT:

For a number of years, the Committee on Finance and Planning (SCFP), by provisions in the Senate bylaws, had two representatives from the former Subcommittee on Facilities Management. When reference to the subcommittee was deleted from the Senate bylaws, provision for the membership of the subcommittee on SCFP was also deleted. The Subcommittee has, however, been reconstituted as the Subcommittee on Twin Cities Facilities and Support Services, has worked diligently and productively on issues for the last several years, and SCFP has invited its chair and another representative to join SCFP meetings. Those individuals, however, had no formal status at the meetings; SCFP wishes them explicitly to be recognized as valuable and contributing members of SCFP.

STEPHEN GUDEMAN, Chair
FINANCE AND PLANNING COMMITTEE

DISCUSSION:

With no discussion a vote was taken and the motion was approved.

APPROVED

COMMENT:

As a bylaw amendment, this motion requires a majority of all voting members (100) at one meeting for approval, or a majority of all members present and voting at two successive meetings. This is the first meeting at which this item is being presented for action.

MOTION:

To amend the University Senate bylaws, Article II, Rules for Committees of the University Senate, and Twin Cities Campus Assembly bylaws, Article II, Rules for Committees of the Twin Cities Campus Assembly, as follows (new language is underlined; language to be deleted is struck out):

University Senate bylaws - Article II. Rules for Committees of the University Senate

1. All committees of the Senate shall keep records minutes of their meetings and proceedings. Copies of these records minutes shall be placed on file with the clerk of the Senate and shall be available for inspection. Portions of minutes that contain private data about individuals are accessible only to the subject of the data and to University employees whose work assignments reasonably require access to the information. In cases where provision has thus been made for confidential treatment of committee minutes, the committee involved shall prepare and file with the clerk of the Senate a version of the minutes of the committee meetings that contains all information other than detailed information about individuals. [Refer to Guidelines for Senate Committee Minutes.] Committee minutes should not contain information considered private or confidential under the provisions of state or federal law.

[no other changes]

Twin Cities Campus Assembly bylaws - Article II. Rules for Committees of the Twin Cities Campus Assembly

1. All committees of the Assembly shall keep records minutes of their meetings and proceedings. Copies of these records minutes shall be placed on file with the clerk of the Assembly and shall be available for inspection. Portions of minutes that contain private data about individuals are accessible only to the subject of the data and to University employees whose work assignments reasonably require access to the information. In cases where provision has thus been made for confidential treatment of committee minutes, the committee involved shall prepare and file with the clerk of the Assembly a version of the minutes of the committee meetings that contains all information other than detailed information about individuals. [Refer to Guidelines for Assembly Committee Minutes.] Committee minutes should not contain information considered private or confidential under the provisions of state or federal law.

FOR INFORMATION:

The Senate Consultative Committee approved the following revision to the guidelines for preparation and distribution of minutes of Senate committees.

All committees of the University Senate shall record minutes of meetings to serve as an official record and as a means of communication to the University community. The following shall serve as guidelines on committee minute format, procedure, and distribution:

Format

- Minutes shall be prepared so that general topics are easily identifiable, members (present and absent) and guests are indicated, and all pages contain the committee's name and meeting date.

- Committee minutes shall include on the first page the following disclaimer:

Procedures

- Minutes shall be prepared within a timely period.

- When committees elect to go into closed or executive session, the chair of each committee minutes shall keep contain a list of all topics discussed in its closed meetings make the list available upon request, and include the list in the annual report to the Senate. [Senate Bylaws, Article II, section 6]

- Portions of minutes that contain private data about individuals are accessible only to the subject of the data and to University employees whose work assignments reasonably require access to the information. In cases where provision has thus been made for confidential treatment of committee minutes, the committee involved shall prepare and file with the Clerk of the Senate a version of the minutes of the committee meetings that contains all information other than detailed information about individuals. [Senate Bylaws, Article II, Section 1]

- Committees shall formally approve their minutes. They may delegate this responsibility to the chair. It shall be left to the discretion of the committee to decide whether formal approval shall occur before distribution.

- A copy of the minutes from each committee meeting shall be kept on file in the Senate office.

Distribution

In the interest of University communication, Senate practice shall be appropriately general rather than restricted distribution.

- Minutes shall be posted on the web.

- Mailing lists for the distribution of committee minutes shall be maintained and minutes, therefore, shall not be available on Gopher.

- Internal Distribution: Minutes shall routinely be distributed to committee members and other appropriate University individuals identified by the committee at the beginning of the academic year. Others at the University may request that their name be added to the mailing list. Normally, minutes will be distributed by electronic mail where possible or unless otherwise requested.

- External distribution: Copies of the minutes of a particular meeting shall be sent to those outside the University making such a request. If such requests involve particular topics, all relevant minutes should be included.

These distribution guidelines pertain to all committees when they are meeting in open session. Distribution guidelines for committees meeting in closed session are outlined under "procedures" above.

(prepared March 1993)

COMMENT:

The Senate Consultative Committee recently reviewed the Guidelines for Senate/Assembly Committee minutes and the Senate/Assembly bylaw that speaks to how minutes are to be prepared. SCC recommends to the Senate/Assembly the proposed revisions, in order to bring the bylaws into conformity with long-standing and efficient practice.

FRED MORRISON, Chair
SENATE CONSULTATIVE COMMITTEE

DISCUSSION:

With no discussion a vote was taken and the motion was approved with 125 in favor and none opposed.

APPROVED

As an amendment to the Constitution, this motion requires a 2/3 majority of all voting members (117) at this meeting for approval, or a majority (89) of all members at two successive meetings. This motion received a majority of all voting members at the September 30 meeting, but not 2/3 majority of all voting members. It requires a majority of all voting members at this meeting for approval.

MOTION:

To amend the Twin Cities Campus Assembly Constitution, Article VI, as follows [deletions are struck-out]:

ARTICLE VI. AMENDING PROCEDURE

An amendment to this Constitution shall be approved either by a two-thirds majority of all voting members of the Assembly at a meeting, or by a majority of all voting members of the Assembly at each of two meetings; and provided the proposed amendment has been distributed, in writing, to the persons and in the manner provided in Article II, Section 5, for distribution of the Assembly agenda, at least ten days prior to the date of the vote on the approval of the proposed amendment. An amendment shall be effective following approval by the Assembly, the University Senate, and the regents.

COMMENT:

In the course of preparing a bylaw change for the Assembly, Senate staff discovered that the Assembly constitution requires that the University Senate must approve Twin Cities Campus Assembly constitutional amendments. No other campus assembly has such a requirement in its constitution, and no one was able to identify a rationale for such a provision. The Business and Rules Committee recommends that the requirement be deleted.

FRED MORRISON, Chair
BUSINESS AND RULES COMMITTEE

DISCUSSION:

With no discussion a vote was taken and the motion was approved with 110 in favor and none opposed.

APPROVED

Copies of the reports by the Special Senate Committee on Student Academic Integrity and the Review Panel on Sexual Misconduct and Domestic Abuse Investigations can be found on the web at the following URLs, respectively.

B. FOR ACTION: Motion to Endorse the Resolution of the Senate Consultative Committee/Assembly Steering Committee (40 minutes).

MOTION:

To approve the following resolution that the Senate Consultative and Assembly Steering Committees approved on November 11, 1999.

THE SENATE CONSULTATIVE COMMITTEE (constituted, with respect to paragraphs 1-13 as the Twin Cities Assembly Steering Committee)-

1. RECOGNIZES the contributions of hundreds of students and dozens of coaches who participate in the varsity athletic programs of the Twin Cities Campus while fulfilling their obligations as members of the University and greater communities, and CONGRATULATES them on their accomplishments and EXPRESSES APPRECIATION for their contributions to our University;

2. CONDEMNS the misconduct of the few who have brought disrepute onto the athletic program and onto the University and DEPLORES the failure of those responsible for the management and oversight of those programs to exercise the necessary control to maintain the standards that the University community rightfully expects;

3. CALLS UPON the University administration to make clear the responsibility and accountability of those who, by their acts and omissions, have brought this situation upon all of us;

4. CENSURES any faculty member who may be found willingly to have participated in any acts of academic misconduct;

Academic Integrity

5. RECOGNIZES that while the integrity of each individual is essential, some structural relationships seem better able to sustain the integrity of the program than others do;

6. RECOMMENDS that the President of the University separate responsibility for operation of the athletic departments from responsibility for the academic counseling and compliance functions, as recommended by the Special Committee on Student Academic Integrity (recommendations 1-4 of the "Clayton Report" http://www1.umn.edu/usenate/reports/saicreport.html);

7. ACCEPTS the substantive recommendations of the Clayton Report as amplified by this Committee, and CALLS UPON the University administration to implement them immediately;

8. EMPHASIZES recommendation 12 of the Clayton report that coaches and other athletic department personnel be prohibited from contacting faculty or teaching assistants about the academic performance of individual students, except through the counseling office;

Governance of Athletics

9. RECOGNIZES that responsibility for the governance of athletics is shared, that the President has primary responsibility for the management and operation of the athletic programs and the faculty has primary responsibility for assuring academic integrity, the progress of students toward completion of degrees and responsibility for compliance with applicable standards;

10. RECOMMENDS, accordingly, and in order to avoid potential conflicts of interest, that the faculty role be split into two parts, with one part providing oversight of academic progress and compliance and the other part providing advice on other aspects of the athletic programs, with separate committees to perform these two different functions;

11. RECOMMENDS that the Assembly amend its by-laws in the following manner, replacing the Assembly Committee on Intercollegiate Athletics with the two committees suggested above, giving them appropriate charges;

12. REEMPHASIZES the recommendation of the Clayton Committee that the Faculty Academic Oversight Committee review the transcript of every varsity athlete every semester, not only to ensure compliance with minimum NCAA and other external rules, but also to ensure that the student is making reasonable progress toward satisfaction of degree requirements, and to take appropriate action in light of that examination;

13. RECOMMENDS that the President or his designee, in conjunction with this Committee, review the role, function, and method of selection of the Faculty Representative(s) for intercollegiate athletics;

Issues Relating to Student Discipline and Sexual Misconduct

14. REAFFIRMS the principle that students participating in varsity athletic programs are entitled to no special privilege or favor with respect to student discipline, and accordingly APPROVES the President's determination that no coach or representative of the athletic departments should seek to represent any student in any investigation or proceeding;

15. WELCOMES the report of the Review Panel on Sexual Misconduct and Domestic Abuse Investigations (the Evans Report);

16. RECOMMENDS that internal student disciplinary proceedings should ordinarily proceed expeditiously, with due regard to parallel criminal or civil proceedings;

17. ENDORSES the recommendations of the Evans Report that the members of panels hearing sexual misconduct cases be specially trained in the proper procedures and the limits upon examination and cross-examination of witnesses, that the panels in such cases be of a fixed size, and that the panels meet during normal business hours;

18. RECOMMENDS that the President or his designee, in conjunction with an appropriate Senate Committee, conduct a review of the procedures in all student behavior disciplinary procedures in light of the other recommendations contained in the Evans Report, with a view to the simplification and expedition of those procedures, while fully protecting the rights of all involved;

19. CALLS UPON the athletic departments immediately to implement the Sexual Awareness Training Program, and calls upon the Directors of the two departments to make a written report to this committee, indicating the numbers of players and coaches, on a team-by-team basis who did and did not participate in this program;

Conclusions

20. THANKS the members of the Review Panel on Sexual Misconduct and Domestic Abuse Investigations for their thorough and comprehensive report;

21. THANKS the members of the Special Senate Committee on Student Academic Integrity for their thorough and comprehensive report and awaits the completion of the more general phase of their report on academic misconduct; and

22. REQUESTS the endorsement, by the Senate and the Twin Cities Assembly, of these actions.

ADOPTED by the Senate Consultative Committee and Assembly Steering Committee

November 11, 1999

Recommendations

Report of the Special Senate Committee on Student Academic Integrity

(Part I: Athletics)

(As modified by the Senate Consultative Committee 11/11/99)

A. ORGANIZATIONAL RECOMMENDATIONS

1. Academic Counseling and Student Services for Intercollegiate Athletics should report to the office of the Provost.

2. The Vice Presidency now concerned with Student Development and Athletics in future should be concerned solely with Student Development.

3. The Athletic Directors should report to a senior central administrative officer who reports directly to the President and could be assigned ad-hoc, a person with authority, institutional support, and unquestionable integrity.

4. The Director of Compliance should report to the President or his designee.

B. OTHER RECOMMENDATIONS

5. Coaches are responsible for students' athletic performance and their public behavior as athletes, for recruiting academically capable students for their teams, and for fostering a culture of academic progress as well as of athletic success.

6. Coaches' contracts should include significant incentives for improving the academic performance of the students on their teams.

7. Academic Counseling and Student Services for Intercollegiate Athletics should be responsible for counseling and special tutoring, and for integrating their activities as far as possible with department and collegiate advising and instructional programs.

8. Students in athletics, like other students, are responsible for their own academic performance and personal conduct.

9. Departments and colleges should be responsible for assuming as much responsibility for students in athletics as they do for other students, but no instructor should ever regard it as part of his or her responsibility to help maintain student-athletes' eligibility.

10. The faculty is responsible for enforcing the University's academic standards and for reporting infractions.

11. Athletic officials should be enjoined from attempting to influence anyone with responsibility for admissions to show special favor to prospective students who may participate in intercollegiate athletics. Any contact between athletics and admissions must be limited to written exchanges. (This does not preclude athletic ability from being taken into account in admissions decisions.)

12. Athletic officials are enjoined from attempting to influence others outside the athletic programs to show to students in athletics special favor that is not shown to other students. All contact about an individual student's academic performance should be through academic counselors. (This of course does not preclude normal professional or social coach-faculty interactions.)

13. Athletic officials, including coaches, should be encouraged to share in the activities of the wider University community as far as they can and wish to.

FRED MORRISON, Chair
SENATE CONSULTATIVE COMMITTEE/
ASSEMBLY STEERING COMMITTEE

DISCUSSION:

Professor Fred Morrison, chair of the Senate Consultative Committee (SCC), commented that most people are aware of what has happened over the last few weeks and the nature of the outside investigator's report. He then read paragraph one of the proposed motion and said that the coaches and athletes mentioned in that paragraph are the ones most seriously affected by this scandal. He emphasized that students as a whole in these programs have graduation records and GPA's that are above the University average. The President has taken actions with regard to intercollegiate athletic personnel. The governance processes are also involved because it did not exercise effective oversight in athletics. The investigation report notes that a few athletic governance people, particularly Professors Fred Amram and Mariah Snyder, tried at various points to say that these practices were wrong and ought to stop, but they were not listened to. This has lead the governance system to think about restructuring, which the resolution addresses.

He then summarized the several reports that have been issued over the last three months. The first was the Sexual Violence Task Force report; task force members included Professor Sara Evans, past chair of the SCC; Julie Sweitzer, Director of the Equal Employment Opportunity Office; Mark Rotenberg, General Counsel's Office; and Betty Hackett, Director of Student Judicial Affairs. On behalf of the SCC, he thanked the Task Force for its work. He then turned to Professor Evans for comments.

Professor Sara Evans acknowledged Katherine Brown for her service as staff to the committee. The Task Force was charged in early July to respond to the outside counsel's report on the alleged interference in sexual misconduct and domestic abuse investigations. The Task Force was asked to look at current disciplinary procedures, at Student Codes of Conducts, and the ways that the University responds to allegations of sexual misconduct. The Task Force asked specific questions about behavior contracts and who should be present at interviews during internal investigations.

The report that was issued outlines the current state of affairs and establishes a set of guiding principles for the recommendations. None of the changes recommended requires a major change in University policy. The Student Code of Conduct is adequate. Problems arose in the procedures, in the overlapping jurisdictions, and the tendency for some allegations to result in very lengthy investigations or processes which allowed the possibility of ongoing victim harassment.

The basic recommendations are geared towards enhancing the speed with which the University responds to these allegations and the professionalism of its response. All statements that appear in various policies need to be pulled into one clear statement on the topic of sexual assault and domestic abuse. A new streamlined process has also been recommended. The Task Force also argues that instead of the University always deferring to a criminal procedure, the University should proceed independent of other actions with due care. All reports should also go the Student Judicial Affairs Office so that central record-keeping can track multiple offenders. The Task Force also recommends that the University should invest resources to hire a someone with investigative skills, clear knowledge of legal rights, and knowledge about unique issues in sexual assault cases. Lastly, more training should be provided for the Campus Committee on Student Behavior regarding these kinds of cases.

President Yudof thanked the Task Force members. There has been much misinformation about this issue, but there are some complimentary elements in the reports. The University did not find any case of a successful interference with a police investigation. One attempt, from quite a few years ago, involved a coach who is no longer at the University. The University did encounter some issues of insensitivity, poor judgement, and flawed process.

Professor Morrison then said that the second committee that SCC appointed last summer, the Student Academic Integrity Committee (SAIC), was chaired by Regents' Professor Tom Clayton. The charge given to the SAIC was broader than an examination of issues relating to athletics; it was an examination of issues relating to academic misconduct by all students. The first two parts of the charge are to examine the University standards and procedures for dealing with academic misconduct. These issues will be brought by the SAIC to the Senate in February and April.

A third charge was also included and the SAIC chose to do it first: this involved looking at these issues in reference to the athletic programs and the oversight of these programs. The committee members included: Regents' Professor Tom Clayton, English and Classical & Near Eastern Studies; Professor Judith Martin, chair of the Educational Policy Committee; Professor Mary Jo Kane, SCC member; Professor W. Phillips Shively, Political Science; Betty Hackett, Director of Student Judicial Affairs; Barbara VanDrasek, COGS senator; and Michael Sweeney, CALA senator. He then asked Regents' Professor Clayton to discuss his committee's report.

Regents' Professor Tom Clayton said that this matter has been saturating the media for three weeks so most people have an idea of what has been happening. The committee was appointed in July and began weekly meetings in September and October so that a report could be issued in early November. The SAIC interpreted the charge as restoring academic integrity to the athletic programs and to look at the administrative structure and the relationships between administrators.

Committee recommendations included separating the functions of the athletic directors and the functions of academic counseling from the position of Vice President for Student Development. The SAIC also suggested academic counseling report to the Office of the Executive Vice President and Provost. The recommendations that were made have already begun to be acted on by the President and others at the University. He was informed that basketball players who miss class will face double jeopardy, first academic penalties and second an extra three-mile run after practice. If these practices continue, the future for athletics will be much better than in the immediate past.

President Yudof then thanked the committee for its hard work and agreed with the report that it issued. Separating academic counseling from the Student Development and having it report to the Provost's Office and having athletics report to Tonya Brown, Chief of Staff, were all changes that needed to be made now. Other changes may be made in Ms. Brown's duties for reasons of overload, but this assignment will prevent future conflicts of interest. The SAIC also made some ingenious recommendations which the FCC will continue to work on. Much hard work has been put into these recommendations which will receive his approval and also that of the Board of Regents.

Professor Morrison seconded the vote of confidence for Ms. Brown. Those who have dealt with her have the utmost confidence in her integrity and her commitment to the academic mission of the University.

He reported that on the basis of the SAIC and Sexual Violence Task Force reports, the SCC unanimously passed the resolution up for action at today's meeting. It incorporates as an appendix the executive summary of the SAIC report. The SCC is not ready yet to bring Bylaw amendments, although section B of the resolution asks for Senate approval in principle of future Bylaws changes.

In response to cases that are identified in the investigative report, each will be examined on a case by case basis by a special group of faculty named by the Provost's Office and headed by Professor Warren Ibele. This group will determine whether there is anything to refer to a proper process within the college or disciplinary processes.

With background on the resolution completed, Professor Morrison urged its adoption by the Senate.

A senator commented that, while they approve of the recommendation, the academic misconduct that was in the investigative report could not have happened if course requirements were different. Many students, not only athletes, find it easy to fulfill most course requirements. Out-of-class assignments, such as papers, can be completed by someone other than the student enrolled in the course. Requiring in-class examinations would be one way to ensure that students are completing their own work. Therefore, another recommendation should be to appoint a faculty committee to study course requirements with this problem in mind.

With no further discussion a vote was taken and the motion was approved.

APPROVED

President Yudof reaffirmed the hard work that each committee put into its various assignments. There was a high quality of consultation between his office and all committees involved. He also constituted his own "gang of four" for difficult personnel matters: Professor Morrison, Professor David Hamilton, Professor Mary Jo Kane, and Professor Judith Martin.

The report was thorough and fair in disclosing significant management problems in addition to the corruption in the basketball program. He noted that this was an unusual crisis because the findings were limited to one sport. The findings will next be presented to the NCAA for their review. All people associated with this problem have been removed through restructuring and personnel changes, therefore he would like to avoid further sanctions for those athletes who were not involved.

Tom Moe has been asked to serve as the Interim Men's Athletic Director and to look at all the systems in athletics. A search will then begin for a permanent director.

Q: Following media interviews with students, there was a wide-spread perception that rampant cheating was taking place at all levels and programs at the University. An exception has been students in the College of Pharmacy who were proactive about establishing their own Honor Code and council. Will you address increased student responsibility for this type of conduct?

A: National surveys indicate that there is a high percentage of college students who have cheated on at least one occasion. This matter is to be part of the next stage of the Student Academic Integrity Committee's work. Students also need to be involved in decisions, such as whether there be an honor code and what would its penalties be. A recent CIRP survey from UCLA found that 2/3 to 3/4 of students think that cheating is serious.

Q: Will students be included on the search committees for a Men's Athletic Director and a Vice President for Student Development?

A: Students will be included on the searches. First the University needs to determine what belongs in the Student Development Office and whether a dean might be more effective than a vice president.

Q: The resolution that was approved is a significant change from the past. However, under other recommendations there were two items dealing with coaches being responsible for athletes' performance and public behavior and significant incentives for this. Is this an attack on the current culture?

A: Certain aspects of the management style, such as a protective attitude, were troubling to read about. Compliance was more concerned with maintaining eligibility than with students' progress towards a degree. Structural changes have been made, but that is never enough. There is a movement in the Big Ten towards athletic directors who have more managerial experience. Investigative procedures would also have caught these changes from the beginning. In terms of incentives, Coach Monson gets more money for an overall 2.8 GPA than for the team appearing in the Final Four.

The meeting was adjourned at 3:28 p.m.

Rebecca Hippert
Abstractor

Dr. Samuel Kirkwood was born and raised in Edmonton, Alberta, Canada and received his undergraduate education at the University of Alberta. He earned his PhD in biochemistry at the University of Wisconsin in 1947. His education included a break while he served in the Canadian armed services during WWII. His first academic appointment was at McMaster University in Hamilton, Ontario. He came to the University of Minnesota in 1956 to provide a biological side to the world famous carbohydrate chemistry being conducted by Dr. Fred Smith. His areas of interest included degradation of polysaccharides and the mechanism of enzymes involved in sugar metabolism. His laboratory was well known for discoveries in the area of enzyme reaction mechanism. He also collaborated on a project which showed that ruffed grouse can degrade cellulose, a feat previously thought to be unique to ruminants.

Sam was a born teacher. When asked about their most memorable teacher, many graduates of the College of Biological Sciences overwhelmingly named Dr. Kirkwood. He was one of the first to receive the Morse-Amoco award, the highest teaching distinction at the University of Minnesota. He assumed leadership of the General Biology program in 1981. That program had experienced difficulties from decline in interest and enrollment, partly due to its presentation as a television class. He recruited other outstanding teachers to the cause, several of whom have gone on to receive Morse-Alumni awards themselves. This past year, the Alumni association established an endowed teaching award, the Dagley-Kirkwood award, to recognize outstanding teacher contributions to education.

Sam had extremely broad interests. He was a prodigious reader and seemed to remember every detail he read. He was fascinated by history, explorations, weapons, and war. According to a former graduate student, Gary Nelsestuen of the Biochemistry department at the University of Minnesota, laboratory discussions ranged from science, to history (ancient and recent), geopolitics, the (often adverse) impact of nationalism on science, and hunting. In 1969-70 at the height of the cold war, Sam and his family were among a few Americans to take a full year sabbatical in the Soviet Union, where he worked at the Zelinsky Institute in Moscow.

Harrison Tordoff of the Ecology department and a fellow hunter said that Sam loved dogs. As a youth, he spent summers with dog-trainers on the prairies of Alberta. Dogs, particularly retrievers and setters, were an important part of the rest of his life. He was a good marksman with rifles, a fine wing shot on game and clay pigeons, and had an insatiable love of hunting and, in later years, an interest in banding woodcock in the spring.

Sam is survived by his wife Carol of Hugo, Minnesota, his daughter Nancy of Albuquerque, New Mexico, his son Duncan of Eagan, Minnesota and granddaughters Jennifer and Hannah Tennent of Albuquerque. A memorial service and gathering will be held at 2 PM on Saturday, October 16 in the Cherrywood room in the St. Paul Student Center. Memorials can be sent to the Dagley-Kirkwood Teaching award at the University or to a charity of your choice.

Dr. Joe Latterell, retired Professor of Chemistry at UMM, died October 1, 1999, following an illness of several years.

Born in Benton County, Minnesota on November 2, 1932, Dr. Latterell graduated from Cathedral High School, St Cloud in 1950. He served in the U. S. Army First Armored Division, Ft. Hood, Texas from 1953 to 1955. He earned his B.A. degree from St. John's University, Collegeville in 1959, his M.S. degree in analytical chemistry at Purdue University in 1962, and his PH.D. in analytical chemistry at the University of Colorado, Boulder in 1964.

Dr. Latterell joined the faculty of the University of Minnesota, Morris in 1967 after teaching at John Carroll University, Cleveland, Ohio and working at Standard Oil of Ohio. He was among the earliest of UMM faculty to involve undergraduates in research projects, serving as the Principal Investigator on the Eagle Lake Project, an interdisciplinary study of water quality which involved students and colleagues from biology, sociology, chemistry, economics and geology. This project was initiated in 1974 and concluded with a follow-up study in 1984. He attained the rank of full professor in 1978. In February 1978, he received the Black Student Union Award for Understanding and Concern of Black Students. In 1980, he received the Horace T. Morse - Amoco Foundation Award, the University's highest recognition for excellence in undergraduate education. In 1989, he received the John Tate Award for Excellence in Undergraduate Academic Advising. In 1991, he received yet another award in recognition of his dedication and distinguished service to the education and retention of minority students. These many awards are a testimony to the dedication and commitment to students that Dr. Latterell exemplified so well for his colleagues.

Dr. Latterell was an active member of St. Patrick's Catholic Church, Minden Township, and the Knights of Columbus, Foley. In addition to family and teaching, his life's work was publishing several volumes of family genealogy.

Dr. Pearl P. Rosenberg, associate professor in the Department of Physical Medicine and Rehabilitation, and former Dean of Student Affairs, died on September 18. She was born in Boston, Massachusetts in 1923 and attended Radcliffe College and Harvard University. Dr. Rosenberg taught psychology and worked as a clinical psychologist while completing her graduate degrees and for more than a decade prior to her years at Minnesota. Her research interests were focused in the area of group psychotherapy and included publications on such topics as: theoretical concepts in group dynamics and group therapy, experiences of medical students, and leadership and gender issues.

In 1966, Dr. Rosenberg came to Minnesota as a lecturer in the Department of Physical Medicine and Rehabilitation, the Department of Psychiatry, in the division of health care psychology, and with Agricultural Extension. Two years later she began to direct the Medical Student Discussion Group Project and then the Interdisciplinary Team Training in Health Care Delivery Curriculum. In 1970 she was promoted to Associate Professor and in 1971 she joined the faculty of the Human Sexuality Program. Dr. Rosenberg became Assistant Dean for Admissions and Student Affairs in the Medical School in 1973, a position she held for the next fifteen years. After her retirement from the University, Dr. Rosenberg joined the faculty of the Minnesota School for Professional Psychology, and she continued to maintain a private practice in psychology until her death.

During her tenure in the Deans' Office of the Medical School, Dean Rosenberg was held in high esteem and affection by many medical students over the years, who relied upon her for advice, support, and assistance as they progressed through their medical education. During her early years as Assistant Dean, medical school classes contained very few women students, and Dr. Rosenberg took special care to create a supportive environment for them. She received the Chrysallis Feminist of the Year Award in 1983 for her contributions in support of women. Dr. Rosenberg was regularly asked to act as a consultant by many organizations, and she held leadership positions in numerous professional organizations including membership on the Executive Board of the American Group Psychotherapy Association.

With her zest for life, her warm and welcoming manner, and her strong bond to her community, she will be missed by her many friends and colleagues throughout the country, by the hundreds of medical school alumni who knew Dean Rosenberg, by her three children, Dr. Lois Rosenberg, Dr. Carl Rosenberg, and Dr. Sandy Rosenberg, and by her six grandchildren.

With profound sadness we share the news of Susan Sackett's death on Thursday, September 23. She passed away quietly at home around 10:00 p.m.

She was a member of the MINITEX Library Information Network staff since January 1995. Susan worked as a reference librarian for the past nineteen years. Prior to MINITEX, she held positions at James J. Hill Reference Library, St. Paul, Minnesota; Washington County Library, Cottage Grove, Minnesota; and Fountaindale Public Library, Bolingbrook, Illinois. She was an excellent reference librarian; her intelligence, resourcefulness, and tenacious pursuit of information in answer to the questions received by the MINITEX Reference Services unit was a model for us all. She was dedicated to MINITEX. We remember her unfailing cheerfulness and enthusiasm.

Professor Emeritus Dennis D. Warnes died on September 15, 1999 in Morris, MN from the effects of ALS. Professor Warnes worked for the University of Minnesota -West Central Experiment Station at Morris as the Station Research Agronomist for 26 plus years. He started his research activities with the UM on July 16, 1969 and he retired on June 30, 1995 to spend more time with his family and his family history research. Over the course of his career, Dennis worked with many crop species; crop management systems; and researchers from the College of Agriculture, Branch Stations, USDA-ARS Soils Lab, AURI, farmers, commercial agronomists, and commodity and sustainable Ag groups.

Dr. Warnes was born in 1933, raised on a diversified farm near Stephen, MN and graduated from the Northwest School of Agriculture at Crookston. He received his B.S. degree from North Dakota Agricultural College (NDSU), M.S. from the University of Minnesota, and Ph.D. in Agronomy from the University of Nebraska. His initial professional goal was to become a county extension agent, but soon found himself drawn to plot research in Agronomy on the windy fields of the midwest. During his career at Morris he was noted for his attention to detail and his efforts to minimize extraneous variation in field plot performance trials. He was an excellent collaborator; generously sharing technical support, equipment and his own time with colleagues. Dennis produced a work atmosphere that always showed respect for support staff and a willingness to pitch in during all kinds of weather conditions.

Professor Warnes conducted research on crop variety evaluations, weed control alternatives and herbicide performance testing, utilization of cover crops to provide effective weed control with reduced use of persistent herbicides, warm season grasses for pastures, and starch content variation among corn hybrid varieties. Results of these research efforts helped Minnesota crop farmers make significant improvements in management of their crop production systems. He planned Field Days and educational programs at the experiment station, spoke at countless county crop production meetings and led worker safety training events.

Dennis Warnes was devoted to his wife and children, church, the history of his Norwegian-American family, Kiwanis Club, backyard garden and the University of Minnesota.