FACULTY SENATE MINUTES

The meeting was called to order by Vice Chair and Presiding Officer Larry C. Schooley at 3:04 p.m. in the Center for Creative Photography Auditorium. Senator Schooley announced that individual Senators will be allowed to hand out written materials and to call upon speakers from the audience; non-Senator speakers will have a five minute time limit imposed upon them; and that neither the resolution nor the meeting are about misconduct – they are about due process, so facts, opinions or allegations regarding the case will be ruled irrelevant.

Present: Senators Aguilar, Aleamoni, Caldwell, Chow, Dahlgran, D. Davis, T. Davis, DeYoung, Dvorak, Dyl, Gruener, Hau, Heinrich, Hogle, Howell, Hurt, Impey, Joens, Larson, Levin, Marchalonis, Maré, Medine, Nolan, O’Brien, Parsons, Pepper, Pitt, Roberts, Schooley, Sheridan, Silverman, Spece, Swindle, Sypherd, Szilagyi, Voyatzis, Warburton, Weinand, Witte and Zwolinski. Robert Sankey served as Parliamentarian.

Absent: Senators Armstrong, Auxier, Dalman, Erlings, Garcia, Gibbs (substitute for Christiano), Heckler, Houtkooper, Ivey, Jenkins, Kosta, Laetsch, Levy, Likins, Merkle, Mishra, Mitchell, Newell, Perches, Pope, and Powell.

Judge Stephen Villarreal has established that there were procedural improprieties in the handling of the case of Regents Professor Marguerite Kay. In view of that fact, we call for Dr. Kay to be reinstated immediately to her full faculty status pending resolution of this matter. [Motion 1999/00-9]

Senator Hogle read a letter dated December 13, 1999 that he received from President Likins (attached). The letter states that the University has received a formal ruling from the Superior Court and is beginning negotiations with Dr. Kay regarding some variation of employment with mandatory leave for the duration of the review process. In view of the information contained in this letter, Senator Hogle introduced a substitute motion (attached) which was seconded:

The Faculty Senate greatly appreciates President Likins’ commitment to "reinstatement" in "some status . . . for the duration of this review process" in the negotiations now underway in the case of Dr. Marguerite Kay. We equally appreciate the devoted work of our fellow faculty during the earlier stages of this process. In addition, we believe in this principle as a matter of personnel policy: no ultimate sanction should be in force in a personnel action unless and until all steps in the appropriate due process have been properly completed. We further believe that this is a time, not for recriminations on any side, but for healing the University community as much as possible through the fair and proper resolution of the conflicts connected with this matter. [Motion 1999/00-10]

Senator Schooley ruled that the order of business would proceed as follows: first, discussion and amendments, if any, to the original motion, followed by discussion and amendments, if any, to the substitute motion. Then a vote will be taken on whether or not to allow the substitute motion. If that vote is positive, there will be an opportunity for further discussion and amendments to the substitute motion. If the vote is negative, there will be an opportunity for further discussion and amendments to the original motion, followed by a vote of the Senate.

Senator Witte began to speak against the substitute motion, but was ruled out of order since the original motion was to be discussed first.

Senator Spece spoke in favor of the original motion. He said he has studied the case and distributed a confidential packet of documentation that he has already submitted to the Committee of Eleven and the Office of Research Integrity. He believes the motion would remove an impediment to resolving the case and that failure to reinstate Dr. Kay could result in further recriminations and litigation, including lawsuits against individual faculty members. Because the hearing was not officially a termination hearing, Dr. Kay was dismissed illegally and unconstitutionally, not as a result of faculty members’ actions but rather because of bad legal advice. Now a judge has ruled that due process has not occurred. Senator Spece also pointed out that some variation of employment with mandatory leave is a limited sanction and should not be imposed prior to resolution of the case.

Senator Gruener moved to table these proceedings [Motion 1999/00-11] because 1) the matter is a legal concern and the Faculty Senate is not a judicial body; 2) this controversial issue may cause division and polarization within the Senate and diminish its effectiveness in carrying out its responsibilities; 3) Judge Villarreal’s ruling remanded the case to the Arizona Board of Regents, and the Senate’s interjection could harm both the plaintiff and the defendant; and 4) the Senate is without jurisdiction to order reinstatement or back pay. A voice vote was indeterminate, and Senator Witte requested a role call vote, with results recorded in the Minutes. Motion to table was seconded and passed 25-12 with four abstentions.

There being no further business, the meeting was adjourned at 3:26 p.m.

Susan E. Heckler, Secretary

Faculty Senate Agenda for December 13, 1999 with resolution submitted by Senators Marchalonis, Nolan, Parsons, Weinand, and Witte
President Likins letter dated December 13, 1999 to Chair of the Faculty Jerry Hogle
Substitute motion submitted by Chair of the Faculty Jerry Hogle
Confidential packet of documentation submitted by Senator Roy Spece
*Copies of material listed in the Appendix are attached to the original minutes and are on file in the Faculty Center.

1999/00-9 Seconded motion from Senators Marchalonis, Nolan, Parsons, Weinand and Witte, as detailed in these minutes.

1999/00-10 A substitute motion submitted by Chair of the Faculty Jerry Hogle as detailed in these minutes.

                                                     1999/00-11 Motion to table these proceedings as detailed in these minutes. Motion passed.

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