FACULTY SENATE MINUTES

MINUTES
FACULTY SENATE
THE UNIVERSITY OF ARIZONAŽ
September 8, 1997

1. CALL TO ORDER

The meeting was called to order by Presiding Officer Jeffrey L. Warburton at 3:00 p.m. in Room 139 of the College of Law.

Present: Senators Aleamoni, Atwater, Caldwell, Carlson, Chen, Clarke, Coons, Dahlgran, Davidson, D. Davis, T. Davis, Dyl, Emrick, Erickson, Erlings, Ervin, Feltham, Garcia, Gerber, Glittenberg, Gore, Gruener, Heckler, Hogle, Howell, Hurt, Larson, Levy, Love, McCaslin, Medine, Miller, Mishra, Mitchell, Montanaro, Myers, Nelson, O'Brien, Pepper, Pitt, Poss, Reeves, Schooley, Silverman, Sypherd, Szilagyi, Troy, Warburton, Weinand, Witte, and Zwolinski. Robert Sankey served as Parliamentarian.

Absent: Senators Dvorak, Emrich, Fernicola, Joens, Maré, Schiffer, and Spece.

ANNOUNCEMENTS

Presiding Officer Warburton announced that one item had been added to today's agenda, immediately following the discussion on the shared governance agreement: a report from Mr. James Austin, Specialist in Faculty Evaluation and Development, regarding the Faculty Center for Instructional Innovation.

2. OPEN SESSION

Senator T. Davis expressed concern about what he called the UA's "embarrassingly low" graduation rate of 51% of students after six years. Citing statistics published in the Almanac Issue of The Chronicle of Higher Education (August 29, 1997), Senator Davis said he did not think the UA's rank of 9th of the PAC-10 schools could be ascribed to relative tuition costs or SAT scores. He displayed an overhead slide comparing data from the PAC-10 schools (see below), and he urged fellow Senators to discuss the issue with colleagues on campus, with a goal of improving the graduation rate to 70%.

*The Chronicle of Higher Education. Almanac Issue, August 29, 1997, Volume XLIV, Number 1, Federal NCAA Data. (Freshman Class of 1990-1991; Graduating 1996-1997).

**The Princeton Review, 1996 Edition, The Best 309 Colleges, Data from (Wintergreen/Orchard House, Inc.), New Orleans, LA (1-800-321-9479).

**Petersons 1998 Guide to 4 Year Colleges.

Senator Medine discussed the issue of faculty salaries, noting that the administration and the Senate leadership had invested much time in attempting to negotiate equitable arrangements for those faculty who do not qualify for the merit adjustment enacted by the Legislature, because they happen to be teaching fewer than six credit hours this semester. He added his opinion that UA faculty salaries have been "badly mismanaged" for at least a decade. He offered the example of one particular department in which current and former administrators comprise 85% of those earning the top salaries in the department, despite the fact that virtually all faculty there have documented records of high achievement. He added that this practice, which he characterized as not unique on this campus, "institutionalizes unfairness." He concluded by urging the Faculty Senate to assume a leadership role in addressing the problem of faculty compensation.

3. REPORTS

3A. Provost and Interim President Paul Sypherd

Provost and Interim President Sypherd began by describing the UA's progress in several areas during the past three to four years-progress which has been achieved despite the adversity of budget restrictions. He traced recent socio-economic trends, especially the fact that the top 20% of American households control 85% of the nation's wealth, and the implications that these realities have for public research universities. He outlined five issues that he said the UA should address in the months ahead: (1) all faculty must be fully engaged in the work of the University; (2) all departments must have a plan for the constant improvement of the student experience; (3) as an institution, the UA must recognize and plan for the "new traditional student," one who is returning for a university education in his or her mid-20s after working for a period of time; (4) the UA must engage with the community on all levels, public and private; and (5) the UA must confront its role in the electronic university. He concluded by commenting that the role of the research university has changed and will continue to do so; responding to these changes is what makes our jobs challenging.

3B. Chair of the Faculty Jerrold Hogle

Chair Hogle reported that the summer had been a tempestuous, dynamic one for faculty governance, with developments in several areas, including the shared governance agreement, which will be discussed in detail later. He reviewed other activities: (1) Presidential Search - This process went very well, due in part to the fact that there was more faculty representation on the search committee than ever before and the committee did a very thorough, conscientious job. Dr. Hogle added that he had visited incoming President Peter Likins at Lehigh University in August and came away very impressed with his ability to absorb vast amounts of information, as well as his enthusiasm for and commitment to a broad-based Faculty Senate such as the UA currently has. (2) Benefits Issues - Congress considered several issues related to faculty benefits, with the net result that faculty won some battles and lost others. Although faculty retained the benefit of tuition waivers for relatives attending state institutions, they lost the fight to keep TIAA pension reserves tax-exempt. With regard to health insurance benefits, serious questions were raised about the process the State Department of Administration used to select an indemnity plan provider. The AAUP health benefits committee, assisted by Journalism Professor Jacqueline Sharkey and others, did a very thorough job of documenting problems with the selection process. Although the Governor eventually decided to allow the original selection to stand, he did pledge close supervision of the indemnity provider. (3) Arizona International Campus - Dr. Hogle noted that both he and the former Chair of the Faculty, John Schwarz, had been approached by a former AIC faculty member regarding a dismissal; negotiations regarding that situation are still in process. Also, Dr. Hogle noted that he and Presiding Officer Warburton had asked the Senate Task Force on AIC to investigate concerns related to that campus, particularly in the areas of academic freedom and due process; this review will take place in conjunction with the recent ABOR mandate for re-evaluation and re-structuring at AIC. (4) Committee on Academic Freedom and Tenure (CAFT) - This committee's workload has increased dramatically, in part because CAFT is now investigating cases related to research ethics. Dr. Hogle noted that he and many others had received a message from a faculty member involved in a current CAFT case. He thoroughly investigated the claim that proper procedures were not being followed, and he found that both the University Committee on Ethics and Commitment (UCEC) and CAFT had acted properly. Dr. Hogle explained that rules from three different sources-the Office of Research Integrity (ORI), the University Handbook for Appointed Personnel (UHAP), and the Constitution and Bylaws of the General Faculty of the University of Arizona-must be followed, and they have been. In the case in question, the process is still at the informal investigation stage, not at the level of a formal hearing. If and when the process reaches the formal hearing stage, all procedures outlined in the aforementioned documents will be followed. (5) Arizona Faculties Council - The AFC, comprised of faculty leaders from the UA, NAU, ASU, and ASU-West, has been very working hard on the teaching incentive program (TIP), to assure that the merit adjustment is handled equitably. The group is also very involved with the ABOR study of faculty workload. (6) Salary Task Force - Dr. Hogle noted that he was in the process of establishing a salary task force, and he has asked Senator Medine and others to serve on it. Once the membership is set, the group will hold its first meeting. (7) Intercollegiate Writing Council - The IWC is being reactivated after being essentially dormant for a year, and Dr. Elizabeth Harrison, the IWC's 1995-96 Chair, has agreed to chair it once again. Chair Hogle concluded by thanking all those who had worked hard on the events described above, including faculty leaders, committee chairs, and Faculty Center staff.

3C. Secretary of the Faculty Rose Gerber

Secretary Gerber reported that the issue of distribution of the Faculty Senate minutes is being studied. The goal is to develop an effective and efficient method of distribution, while at the same time reducing the printing and publishing costs. Last year, Faculty Center expenses related to the minutes greatly exceeded the budget, due in part to the large volume of Senate business conducted. If these costs can be reduced, the funds saved can be put to other good uses benefiting UA faculty. Dr. Gerber announced that a one-page, easy answer survey would be distributed with the September 1997 minutes to the General Faculty, in order to receive input from members regarding their preferences for the format and distribution of minutes. Until the results of the survey are analyzed, no changes will be made in the current procedures. Secretary Gerber concluded by asking Senators to complete the survey and to encourage their colleagues on the General Faculty to do so as well.

3D. Presiding Officer of the Faculty Senate Jeffrey Warburton

Senator Warburton thanked Senators for his re-election as Presiding Officer, and for their hard work last year. He also added his thanks to Faculty Center staff members for their efforts. He pointed out the memorandum on Senators' desks asking for nominations to three committees: the Senate Task Force on the Arizona International Campus, the General Education Oversight Committee, and the Committee on UHAP, Constitution, and Bylaws Changes. He asked Senators to submit nominations to all three committees to the Faculty Center no later than noon on Thursday, September 11, 1997, adding that he and/or Chair Hogle will appoint committee members after reviewing nominations and consulting the Senate Executive Committee. Senator Warburton announced that the orientation for new Faculty Senators would be held on Monday, September 22, from 3:00 to 4:30 p.m. in the Faculty Center. He noted that all new Senators had received written invitations, but all Senators and standing committee chairs are welcome and encouraged to attend, also. He concluded by announcing that Vivian Cox, former Presiding Officer of the Senate, was in the intensive care unit of Northwest Hospital, and that Senator Aleamoni had further information if Senators wished to send condolences.

3E. President of ASUA Gilbert Davidson

Senator Davidson welcomed the new student representatives to the Faculty Senate and noted that they-and he-are looking forward to working with faculty on important issues confronting the campus community. With regard to Senator T. Davis' comments concerning graduation rates, Senator Davidson said it was important for everyone to be aware of how students are being treated, and to ensure that students are included in University processes whenever possible. He described a back-to-school party ASUA held recently to welcome students; despite some last-minute problems related to the entertainment, the event was a success, with approximately 1,000 students participating. Senator Davidson noted that students are being assessed fees to fund the Student Union renovations and construction, and he encouraged faculty and staff to consider making voluntary contributions to support that project. With regard to the teaching incentive program, he said that ASUA intends to lobby for it to ensure that faculty are rewarded for their efforts, not only in teaching but in other activities, such as mentoring and advising. He noted that the teacher class evaluations would be available in the near future. He also commented that, during the fall registration, there had been problems with availability of some upper-division classes required for graduation, and he characterized improving student access to required courses as an important problem that faculty and administrators need to address.

4. QUESTION AND ANSWER PERIOD

Senator T. Davis, Chair of UCEC, clarified that the Office of Research Integrity does not set regulations regarding how universities conduct inquiries and investigations; it merely makes recommendations. The only actual ORI regulation is that a university have an established process in place for dealing with charges of research misconduct. Senator Davis also noted that the UA and ORI will co-sponsor a course on laboratory management next year.

Senator Garcia asked how CAFT could be an investigative body (possibly bringing forward charges against a faculty member) while at the same time be the committee responsible for protecting faculty rights. He added that the two roles are not necessarily conflicting, but they need to be clearly delineated. Presiding Officer Warburton noted that Senator T. Davis would be making a presentation to the Senate Executive Committee regarding the CAFT and UCEC procedures, and perhaps he could report back to the Senate at a future date.

Senator Szilagyi asked Provost and Interim President Sypherd which faculty body had been consulted before the UA main campus loaned the Arizona International Campus almost $1 million. Senator Sypherd responded that it became obvious that AIC was under-funded for 1997-98, because both the number of students and the amount of carry-over funding from last year were over-estimated. As the institution charged with spawning the new campus, the UA was thus faced with the choice of either allowing AIC to close sometime during 1997-98, or to cover AIC's losses. UA administrators, who did not consult with a faculty body regarding this matter, chose to address the issue at an ABOR meeting. Senator Sypherd expressed the opinion that this approach was better than merely moving funds to cover AIC's deficit for two reasons: (1) it underscored the actions of the Legislature and ABOR, and (2) it made public the fact that this was a loan to AIC, rather than a gift.

Senator Mitchell asked Chair Hogle if the salary task force would include representation from academic professionals, to which Dr. Hogle responded in the affirmative.

There was general discussion regarding AIC's relationship to the main campus. Senator T. Davis inquired what role UHAP, UCEC, and CAFT should play in AIC faculty matters; Senator Myers asked whether we know with certainty that AIC is part of the UA and whether a graduating AIC student will receive a diploma from the UA or from AIC. Senator Witte commented that AIC curriculum and degree programs have never been approved by the Faculty Senate. Senators Warburton and Schwarz noted that AIC's curriculum for the first two years has undergone the usual UA approval process, having been reviewed by the Undergraduate Council. Senator Silverman suggested that the Senate Task Force on AIC consider the issues brought forth today by Senator T. Davis and others; he also commented that the Faculty Senate should not turn its back on AIC colleagues by not recognizing them. Senator Witte asked that Senators be provided with copies of previous Faculty Senate discussions regarding AIC as a way of revisiting the issues and informing new Senators what has transpired previously; Presiding Officer Warburton indicated that he would make sure that the AIC material is made available to the Senate Task Force on AIC, and he would also facilitate distributing this information to Senators if the cost is not prohibitive. Senator Garcia commented that, since AIC faculty are UA employees, the Faculty Senate and all UA faculty committees, including CAFT, should serve AIC faculty in the same way that they serve faculty on the main campus. Senator Emrick, Chair of the Senate Task Force on AIC, said the central question is whether AIC is a branch campus, an issue that ABOR has never clearly interpreted; if AIC were designated a branch campus, ABOR rules regarding branch campuses would come into play. Senator Sypherd said Board discussion had indicated that AIC is a hybrid between a campus and a branch campus. Senator Medine recalled that President Pacheco had said last year that AIC would be accredited by the North Central Association by virtue of the fact that it is part of the UA. Senator Levy commented that it behooves the Senate to discuss AIC students' degree status, since some of them will be graduating in two years.

5. APPROVAL OF THE MINUTES OF APRIL 7, 1997; APRIL 28, 1997; AND MAY 5, 1997

The minutes of the Faculty Senate meetings on April 7 and April 28, 1997, were approved as distributed.

With regard to the minutes of the Faculty Senate meeting of May 5, 1997, Secretary Gerber read the following statement: "I sincerely regret any misunderstandings that have occurred relative to the May 5 minutes regarding comments presented during the Open Session. Occasionally comments made during Open Session are unfounded statements or statements of opinion. While we, as the Senate body, understand the nature of these comments, others may not. Therefore, the minutes of May 5 will be corrected to clearly reflect that the statements are those of the speaker." The Senate voted to approve the minutes of the May 5, 1997, Faculty Senate meeting as revised by Secretary Gerber.

6. DISCUSSION AND ACTION ON SHARED GOVERNANCE AGREEMENT (Attachments)

Chair Hogle reviewed what had happened regarding the shared governance agreement over the summer. After the Faculty Senate voted to approve the shared governance memorandum on April 28, 1997, the Deputy Executive Director and Legal Counsel for the Arizona Board of Regents, Joel Sideman, reviewed the document and raised concerns about some of its language. Mr. Sideman's concerns were so great that at one point the Regents considered passing a resolution prohibiting any state institution from adopting such an agreement. Rather than have that happen, Chair Hogle and former Chair John Schwarz agreed to negotiate changes. After a series of meetings over the summer with the UA General Counsel, Jacqueline Schneider, Drs. Hogle and Schwarz reached compromise with ABOR personnel on the disputed passages. In the end, the changes were relatively few, and they were subsequently approved by a majority of faculty members who had worked on the document previously, as members of either APPC or of the conference committee. (Those who participated in the review of the revised document this summer were Senators Aleamoni, Atwater, Gerber, Hogle, Poss, Schooley, Silverman, Zwolinski, and former Chair Schwarz.) Thus, ratification of the revised document comes to the Senate as a seconded motion [Motion 1997/98-1] from this shared governance group.

Using an overhead projector, Chair Hogle explained each change individually, referring to the Amended Guidelines for Shared Governance document (with shaded areas and strikethroughs indicating changes), which was distributed in Senators' packets in advance of today's meeting. In particular, Dr. Hogle noted, the ABOR Legal Counsel wanted the document to state that (1) it represents a mutual desire to work together but does not constitute a legal contract; and (2) nothing in it supersedes ABOR policies, the General Faculty Constitution and Bylaws, or Arizona Revised Statutes. Dr. Hogle also commented that the ABOR Legal Counsel removed the words "agreement" and "concurrence," because he did not want the UA President to be forced to obtain the absolute agreement of the faculty on a decision; the concept of "full consultation of the faculty" was substituted. Chair Hogle added that President Likins had reviewed both versions of the shared governance agreement, liked them both, and had expressed his intention to sign the document if it is ratified by the Faculty Senate. According to Dr. Hogle, President Likins plans to interpret "full consultation of the faculty" to mean that "every reasonable effort will be made to reach an agreement." With regard to the deletion of the second paragraph in Section F, Process Monitoring, Dr. Hogle noted that the UA General Counsel had pointed out that the Faculty Senate can take a vote of no confidence in the President of the University, regarding shared governance or any other matter, at any time with a simple majority vote. Since the deleted paragraph would require a two-thirds vote of the Senate to determine that the spirit of shared governance has been breached, the faculty has lost nothing by its deletion.

Highlights of the ensuing discussion regarding the shared governance agreement: Senator T. Davis stated that AIC needs representation in the Faculty Senate and in the shared governance agreement. Senator Garcia noted that since this agreement is considered a living document, it can be amended or discarded later if it is found not to be working. On this point, Chair Hogle commented that the Faculty Senate should try to make the agreement work, and Senator Garcia agreed. Chair Hogle also noted that the shared governance review committee mandated in the agreement could address some of the concerns expressed by Senators today. Senator Silverman remarked that he had voted against the revised document, because he did not like the changes proposed by ABOR, but he added that he thought the Senate should vote in favor of the document now and see how it works. Senator Schooley advocated passing the amended version of the document; although he initially reacted negatively to the revisions, he said, the faculty does not lose anything with the minor changes in the document, and the document itself gains the faculty an explicit "buy-in" with the Regents. Senator Aleamoni noted that he too had voted against the revised version of the document, but he felt encouraged by Dr. Hogle's report of President Likins' interpretation of "full consultation" and would now vote in favor of the revised document. Senator Witte asked Chair Hogle to explain briefly what this document gives faculty that the UA Faculty Constitution and Bylaws and the state statutes have not already given them; she also suggested waiting to hear directly from President Likins how he feels about the document after he arrives at the UA on October 1. Dr. Hogle replied that the agreement sets up a process of interchange in a formal way that has not always existed before. With regard to Senator Witte's suggestion, Chair Hogle noted that President Likins had requested to see the shared governance agreement and after he reviewed it, he called to express his enthusiasm as well as his intent to sign it as soon as he arrives. Senator Szilagyi urged Senators to vote against the document and give President Likins an opportunity to participate in the discussion, rather than voting on it "behind his back."

Presiding Officer called for a vote. Motion 1997/98-1, to ratify the revised Guidelines for Shared Governance (as signed by Jerrold Hogle and John Schwarz on June 26, 1997), was passed, with 44 votes in favor, 5 opposed, and 1 abstaining. Senator Warburton announced that now that the agreement had been ratified, the shared governance review committee needed to be established. He called for nominations to the committee, to be submitted to the Faculty Center by noon on Thursday, September 11, with balloting to take place at the October 6 Faculty Senate meeting.

7. INFORMATIONAL PRESENTATION REGARDING THE FACULTY CENTER FOR INSTRUCTIONAL INNOVATION (Attachments)

Senator Warburton introduced Mr. James Austin, Specialist in Faculty Evaluation and Development, to make a presentation regarding the Faculty Center for Instructional Innovation (FCII). Mr. Austin distributed a brochure and informational sheet describing FCII's purpose and organization. Opened on April 1, 1997, the FCII is staffed by a group of five UA service units-the Center for Computing and Information Technology (CCIT), the University Library, the University Teaching Center, the Peter Treistman Fine Arts Center for New Media, and VideoServices (KUAT). FCII offers a variety of support activities for faculty, including opportunities to test computer software, create videos projects, produce 3-D models or animations, try out ergonomic equipment, arrange videoconferences, or just relax in the lounge area with periodicals at hand. Located in CCIT 337, the FCII is open Monday to Friday from 8:00 a.m. to 5:00 p.m. and other times by special arrangement. Mr. Austin concluded by inviting faculty to visit the facility and see firsthand all the services available.

8. REPORT ON THE STATE OF THE UA LIBRARY (Attachments)

Presiding Officer Warburton yielded the floor to Ms. Carla Stoffle, Dean of Libraries. Dean Stoffle distributed an informational packet describing recent accomplishments of the Library, as well as a graph detailing rates of inflation and escalating costs at the Library. Among the 16 accomplishments listed were: adding over 2,000 on-line full-text journals and the complete back files of 40 social science and humanities journals; providing access to over 40 databases in CD-ROM; adding network access to the 27,000,000 bibliographic records of the Research Library Information Network; installing a prototype information commons with multi-media access and creation capabilities; adding a Web front-end to SABIO and installing 60 work stations in the Science and Main Libraries to utilize Web capabilities; and reducing book order time from 48 days to 50 hours. At the same time, Dean Stoffle continued, there have been downsides at the Library as well: among other things, the photocopy operation has received many complaints, and the pilot project to address those problems has received mixed results; the recently installed work stations have had problems due to software; and students complain about the hours the Library is open. All of these issues are being addressed. However, Dean Stoffle noted, the central message of her presentation today is the continued increase in the cost of purchasing information and the copyright policy issues which the Senate needs to understand and consider, because they will impact the Library's future ability to provide information and knowledge. Using an overhead, Dean Stoffle explained the graph, noting that the gap will widen between the cost of resources and the funding that the Library available for acquiring them. The Library cannot maintain the status quo, even though Library administrators have been actively fund-raising and utilizing cost-saving measures such as consortial buying projects with ASU and NAU. Dean Stoffle enlisted the help of the Faculty Senate in addressing copyright and publishing issues, including the proposed changes to the copyright laws currently before the U.S. Congress and the World Intellectual Property Organization, which would erode the Library's ability to provide information. The American Association for Research Libraries has taken a stand on these issues; it is inviting the UA and other major universities to join in endorsing the National Humanities Alliance basic principles for managing intellectual property in the visual environment. Dean Stoffle commented that she hoped the Senate would consider taking action in the near future to endorse the NHA's principles. She also noted that the UA Library is working with ASU and NAU on principles regarding licensing agreements, and she asked the Senate to consider supporting those principles too. She remarked that the ABOR Intellectual Property Policy draft would preclude certain desirable copyright alternatives unless it is rewritten; assuming that the Faculty Senate would eventually be reviewing the policy, Dean Stoffle requested additional time to discuss the policy with the Senate at some future date. Another suggestion: that faculty work with librarians to create new publishing opportunities for scholarly journals that will be in direct competition with those that are outrageously priced. Dean Stoffle concluded by noting that the Library cannot succeed in its efforts without faculty support to help solve problems of acquiring information, particularly those due to increasing costs. She said she looked forward to working with the Faculty Senate on these issues.

Senator Garcia asked if Dean Stoffle could return to the Senate with a suggested resolution, to which she responded in the affirmative. Senator Witte commented that the ABOR Intellectual Property Policy draft had been circulating for months within the administration and in various committees, but the Senate has not yet had an opportunity to see it. She requested that Senators be provided the draft in its earliest possible form, so that they can consider it carefully in advance, rather than having to vote on it at the last minute. Senator Medine expressed his gratitude that the UA community has the magnificent library that it does, and he said he hoped the faculty would continue to support it as vigorously as in the past.

9. ADJOURNMENT

There being no further business, the meeting was adjourned at 5:10 p.m.

Rose M. Gerber, Secretary

Appendix*

1. Amended Guidelines for Shared Governance (dated April 28, 1997, with shaded areas and strikethroughs indicating changes)
2. Guidelines for Shared Governance (signed by Jerrold E. Hogle and John E. Schwarz on June 26, 1997, subject to final ratification by the Faculty Senate)
3. The Faculty Development Partnership (brochure)
4. Faculty Center for Instructional Innovation (FCII) Equipment and Space Resource List
5. Accomplishments (of the UA Library)
6. Rates of Inflation, CPI, HEPI, EBSCO & UA Library 1993-94 Thru 1997-98 (graph)

*Copies of material listed in the Appendix are attached to the original minutes and are on file in the Faculty Center.

Motions of the Meeting of September 8, 1997

1997/98-1 Seconded motion from shared governance group to ratify the shared governance memorandum of understanding as revised (signed by Jerrold E. Hogle and John E. Schwarz on June 26, 1997, subject to final ratification by the Faculty Senate); motion carried.

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