The meeting was called to order by Vice Chair and Presiding Officer Jory Hancock at 3:05 p.m. in the College of Medicine DuVal Auditorium.

Present: Senators Aleamoni, Auxier, Becker, Benson, Bickel, Caldwell, Dalton, D. Davis, G. Davis, T. Davis, DeYoung, Graff, Grant, Gruener, Hancock, Hogle, Houtkooper, Howell, Hurt, Jenkins, Joens, Kidd, Larson, Likins, Marchalonis, Medine, Merkle, Mitchell, O’Brien, Richardson, Romer, Schooley, Silverman, Smith, Spece, Szilagyi, Taren, Warburton, Warnock, Weinand, Witte, and Zwolinski. Thomas Volgy served as Parliamentarian.

Absent: Senators Armstrong, Dahlgran, Eribes, Hartman, Impey, Ivey, Kosta, Kurzer, Mishra, Parsons, Pepper, Perches, Pitt, Quinn, Regan, Sheridan, Tal, Walsh, and Zilm.

2. OPEN SESSION

Senator Martin Weinand – Senator Weinand, who served on an enhanced review committee for Dr. Marguerite Kay, believes that there has been a responsible response to errors that occurred in Dr. Kay’s lab and that those errors did not merit the charge of scientific misconduct.

Dr. Walter Williams – Dr Williams of Radiology serves as a commissioner for the Arizona Disease Control Research Commission and he has been involved with the Kay case since its inception. He believes there were no significant safety violations and he would not have closed her lab.

Dr. Sam James – Dr. James clarified that the 1997 letter sent from the University Committee on Ethics and Commitment (UCEC) to the Vice President for Research noting that in his view, the UCEC was more concerned with risk management, patient control, radiation control and human subjects than with research misconduct. He believes the CAFT investigation and hearing processes were flawed and breached by both faculty and administration and the most serious of these flaws was pursuing the charges of academic misconduct that were not part of the original allegations coming from UCEC.

Senator John J. Marchalonis – Senator Marchalonis distributed a chronology of incidents from Dr. Kay’s lab dating from 1994 to 1998, some of which he believes wrongly led to the charge of research misconduct against Dr. Kay.

Senator William Bickel – Senator Bickel equated the lack of due process in the Kay case with an attack on the academic freedom of all faculty and urged the Senate to vote to stop the current CAFT proceedings.

Senator Miklos Szilagyi – Senator Szilagyi discussed the faculty’s right to privacy with respect to student evaluations of faculty. He said these evaluations should not be made public, as they often do not truly reflect an instructor’s performance. He requested that President Likins order an immediate removal of all numerical evaluation scores from all University websites.

3A. ASUA President Benjamin Graff

Senator Graff reported that the Arizona Student Association (ASA) participated in transporting over 400 students to polling places on November 7. The ASUA is attempting to change its election process to enable students to vote on-line and to increase ASUA’s ability to survey students and increase student participation. ASUA is again considering the issue of childcare at UA and is working with GPSC to prepare a serious, organized plan for the future.

3B. GPSC President Jason Auxier

Senator Auxier announced that he has accepted President Likins’ nomination to the Senate Task Force for Monitoring Labor and Human Rights Issues. GPSC and the Graduate Council are considering ways to provide incentives and give more recognition in the Promotion and Tenure process to the outside faculty members who serve on graduate students’ comprehensive exam and oral exam boards. Senator Auxier commented that he hopes that money from Proposition 301 will help improve the inadequate UA information technology network which lags far behind our peer institutions and he asked SPBAC and the administration to consider increasing the priority and funding for increasing bandwidth and eliminating downtime.

3D. Secretary of the Faculty Wanda Howell

Secretary Howell reported that the Faculty Census has been completed and the total of voting faculty is 2591, up 46 from last year.

3E. Chair of the Faculty Jerrold Hogle (attachments)

Chair Hogle paid tribute to Faculty Center staff for completing the Faculty Census. He announced that Dean Dalen suffered a temporary ischemic attack this past week and is expected to recover fully. Chair Hogle thanked UA’s resigning football Coach Dick Tomey, whom he characterized as being most dedicated to student athletes and their academics. Addressing the issue of employees’ health benefits, Chair Hogle distributed information about the State Department of Administration’s bid process and schedule for deciding health providers and said he is working very hard to insure that a UA faculty representative as well as our Human Resources representatives will be on the evaluation committee. The Arizona Board of Regents has scheduled a three-hour study session on learner-centered education at its January 25-26 meeting. Proposals for Campaign Arizona can still be submitted and should be sent to the Office of Institutional Planning. Pickaprof.com is a commercial organization operating out of Texas A&M and therefore can be charged for its information request concerning faculty evaluations. It is unlikely that any information will be released. At this time, no one is discussing redefining the Center for Creative Photography’s (CCP) mission and faculty leaders within shared governance, are advising the Provost regarding a transition for the future of the CCP. The COSMOS project is a campus-wide student information and registration computer system that will replace the seventeen-year-old SIS in April 2001. The new system will not require immediate new funding, existing personnel have been re-directed to the project, and only an 8% budget increase is expected over original estimates. The Vice President for Undergraduate Education and the General Education Committee will file a progress report in three months in response to Arizona Board of Regents President Don Ulrich’s request for a more precise definition of the aims and skill sets of students emerging from our general education program. The Provost has begun a very rapid proposal process for UA use of the Proposition 301 money involving faculty, academic professionals, students and staff on multiple steering committees.

Provost Davis reported that the process of developing initiatives in the six designated areas of Proposition 301 has begun. Since approximately $45 million will flow through ABOR, he expects significant scrutiny, at least in the first few years of its twenty-year life expectancy. Up to 20% can be used for debt service on capital projects. The steering committee heads of the six designated areas include 1) Sally Jackson, Vice Provost for Educational Technologies and Faculty Development for Access to higher education, particularly focusing on place-bound and time-bound students and becoming more productive and more efficient in serving students: 2) Patti Ota, Vice President for Executive Operations for Workforce, particularly focusing on K-12 math and science teachers, engineers, scientists and technologists: 3) Dick Powell, Vice President for Research for the area of Bioscience and Biotechnology: 4) co-chairs Mark Zupan, Dean of Business and Public Administration, and Tom Peterson, Dean of Engineering and Mines for the Information Science and Information Technology area: 5) Dick Powell, Vice President for Research for the Optics area, and 6) Eugene Sander, Dean of Agriculture and Life Sciences for the hydrology area. At a meeting among the university system provosts and presidents on December 20, Provost Davis hopes to have a clear sense of how 301 money can be used as a catalyst through partnerships with the federal government and with businesses in these core areas. Each steering committee needs to be sensitive to the ways in which added programmatic activity might put extra pressure on existing programs, the University’s infrastructure, and shared resources on campus. He also explained that the strategy for managing 301 funds emphasizes flexibility and maximizing the use of one-time or multi-year proposals. He will keep the Senate and the campus informed of the process.

3G. President Peter Likins

President Likins acknowledged that the work in preparing for Proposition 301 is staggering and that Provost Davis has designed an excellent plan for developing the proposals and described considerable uncertainty about what the Regents will decide to do with the set of proposals for expenditure which are to be approved at the March meeting. President Likins also praised Coach Dick Tomey for his truly exemplary teaching and leadership in building and preparing young men during the past fourteen years. Coach Tomey participated in the selection of John Mackovic as the new UA football coach.

QUESTION AND ANSWER PERIOD

Senator Witte requested that all Senators receive the Senate Executive Committee’s minutes. She also expressed concern about the time in Senate spent in non-senate activities and about the time estimates that have been recently imposed on the agenda that may limit the time available for discussions on more significant items. Senator Witte objects to cheering for colleagues’ contributions and asked Chair Hogle to keep honorifics to a minimum. Vice Chair Hancock replied that he has no problem distributing Senate Executive Committee minutes to all Senators and he said that the suggested time limits on the agenda are meant to assist the Senate in completing its work in a timely fashion, not to inhibit discussion. Chair Hogle said Senators are free to refrain from offering their appreciation during Senate meetings.

Senator Gruener inquired how the 301 steering committees will reach out to the campus community and whether it is appropriate to contact those chairs with ideas or suggestions for the funds. Provost Davis responded that the steering committees hope to reach as many members of the faculty, staff, academic personnel, and student body as possible and he may even implement a website for this purpose. He also affirmed that it is most appropriate to contact the steering committee chairs directly.

Senator Davis asked about the lifespan of the 301 money and the projected increase over time due to population growth and spending patterns. Provost Davis said the money is guaranteed for twenty years and will total over $1 billion so careful planning and stewardship of this resource is important. The current planning is for five years with built-in flexibility for changing themes. Senator Davis asked how effective was the University’s effort in advancing Proposition 301with the voters. Provost Davis believes the effect of the combined efforts was significant but that fundamentally, Arizona voters probably recognized that K-12 education in Arizona is dismal and voted for it.

Senator Greuner inquired whether any staff representatives would be members to the evaluation team for the bidding process for health carriers. Senator Hogle assured him that will be so.

Senator D. Davis added a passage to the minutes of November 6, 2000: in Section 9 following the third line from the bottom of the page, to read "Senator Spece stated, ‘Referring to some of the discussion, it [the discussion] will be evidence that will be presented in court if this ever goes to court.’ " Senator Spece said he did not mean the antecedent of "it" to be "the discussion." Senator Davis withdrew his addition. Senator Spece asked to include the following addition: "Senator Spece stated, ‘The repeated theme that we’ve got to get her guilty this time because if we don’t, it’s going to make the people who found her guilty last time look bad,’ will be evidence that will be presented in court if this ever goes to court." Minutes were approved as amended.

RATIFICATION OF REPLACEMENT SENATOR-AT-LARGE J. GLENN SONGER

It was moved and seconded [Motion 2000/01-15] that the Senate ratify Dr. J. Glenn Songer of the College of Agriculture and Life Sciences as a replacement Senator-at-Large for the remainder of the term of Senator John Garrard. Motion carried unanimously.

CONSENT AGENDA ITEMS FORWARDED FROM THE INSTRUCTION AND CURRICULUM COMMITTEE (attachment)

The consent agenda items detailed at the end of these minutes were approved. [Motions 2000/01-16-21]

Continuing the discussion of [Motion 2000/01-14] which commenced at the November 6, 2000, meeting of the Faculty Senate, Senator Medine urged the Senate to endorse the memorandum requesting CAFT to return the case to the University Committee on Ethics and Commitment (UCEC). He reiterated that the charges have not been particularly well defined, the substance of the charges has been called into question, and the procedures have been faulted by the court. Senator Medine said that, in the interest of fairness and equity and in a constructive spirit, the University should make every effort to follow the process correctly this time. Senator Gruener inquired whether any legal ramifications exist for the Senate recommending the transfer of venue for this case. Senator Spece said any ramifications would be very salutary. He recommended the University admit the errors of the previous case and begin anew with UCEC, which would eliminate all questions about due process and focus on the real issue of innocence or guilt. Senator Schooley reiterated his objection to the motion, stating that CAFT is well aware of this suggestion and may or may not choose to follow this course, but it is wrong for the Faculty Senate to micromanage elected faculty committees. Senator D. Davis believed that the procedural error could lead to another appeal in the Superior Court and therefore he is uncomfortable about passing a motion that could ultimately limit Dr. Kay’s ability to appeal. Furthermore, he is concerned that the Senate’s discussion could be used in court and used in a way speakers did not intend. He moved [Motion 2000/01-22] to object to further consideration of this question because it is in the best interest of the Senate to stop deliberation that is of no benefit to the Senate. In a Point of Order, Senator Witte stated that this is a hostile motion intended to stop debate and that it requires a two-thirds vote and there is no discussion. Parliamentarian Volgy ruled that the motion is debatable and that it requires a two-thirds vote. Motion was seconded. In a Point of Order, Senator D. Davis stated that according to the Senate Handbook, his motion is not debatable. Parliamentarian Volgy ruled that this motion is debatable but that the substance of the original motion is not at this time. In reference to the minutes of the September 18, 2000 meeting of the Senate Executive Committee in which the UA General Counsel is mentioned as having advised that it is inappropriate to discuss personnel issues in Faculty Senate meetings because it is a violation of individual rights, Senator Spece emphasized the need to continue debating the original motion because the attorney’s office is trying to limit such debate. Senator Hogle said that to his knowledge, the University attorneys have never tried to limit debate and he maintained that all the allegations will be heard by the current CAFT panel, where the procedure properly belongs. Senator Hancock reminded the Senate that all debate at this point must be about whether or not to stop debate, not about the Kay case itself. Senator Witte spoke against stopping debate because part of the debate is about whether or not the case should have gone to CAFT without first going through UCEC. Senator T. Davis spoke in favor of stopping debate because the original inquiry was properly and confidentially handled by UCEC with honesty and integrity. Senator Witte stated it is within the purview of the Senate to debate personnel matters and that precedence for such debate exists. Senator Kidd stated that she is conflicted about what to believe and how to vote because she has limited knowledge about this case. Senator Witte offered as a point of information that the abstention vote is appropriate when Senators feel conflicted about an issue. Senator D. Davis commented that his motion to object to consideration of the question has been converted to a motion to postpone indefinitely and that motion only requires a majority vote. Parliamentarian Volgy responded to a call for the question [Motion 2000/01-23], explaining that a simple majority will cease debate on the motion to cease debate. Motion carried unanimously. Vice Chair Hancock then called for the vote on Motion 2000/01-22. Motion carried 25-11 with 2 abstentions. Although Senator Davis intended his motion to avoid discussion or voting on the main motion altogether because it was not in the best interest of the body, the Parliamentarian ruled that discussion and a vote on the main motion 2000/01-14 could continue. Senator Gruener called for the question. Senator Witte called for a secret ballot, which was seconded. Vice Chair Hancock and Secretary Howell counted the ballots. Motion failed 26-11 with three abstentions.

Vice Chair Hancock deferred discussion of this item until the January meeting.

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

Wanda H. Howell, Secretary

Appendix*

Statement to the Faculty Senate of the University of Arizona by Sam James, M.D. 12/4/00

Statement to the UA Faculty Senate About the Marguerite Kay Case by Senator W. S. Bickel

Senator M. Szilagyi’s remarks to the Senate, 12/4/00

Packet of documentation and chronology of incidents surrounding Kay case distributed by Senator J. Marchalonis

"Chair of the Faculty’s Report, December 4, 2000 outline"

"LCE Possible ‘FAQs’ or January Board Meeting"

"State of Arizona Employee Medical Plan Guiding Principles"

"COSMOS Project Update, November 28, 2000"

"Report on Charge to Provosts from President of ABOR re/ General Education

"Executive Summary-Board meeting Item #23 November 17, 2000: Proposed ABOR Policy Framework for the Administration of Technology and Research Initiative Fund and Proposed Guidelines for the Allocations of Proposition 301 Funds for Fiscal Year 2002"

"Structure for Proposal Development: Technology and Research Initiative Fund (Prop 301)"

"Draft: University of Arizona Main Campus Proposition 301 Initiative"

Instruction and Curriculum Policy Committee’s Consent Agenda for possible Faculty Senate action on December 4, 2000

"Proposed ABOR Whistleblower Policy Draft 3, November 21, 2000"

*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 December 4, 2000