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http://fp.arizona.edu/senate/minutes.htm
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1. CALL TO ORDER

The meeting was called to order by Vice Chair of the Faculty Robert P. Mitchell at 3:02 p.m. in the College of Law, Room 168.

2. OPEN SESSION

There were no speakers for the Open Session.

3. REPORTS

3A. ASUA President Tommy Bruce

Senator Kendal Nystedt, Vice Chair of the Arizona Students Association, spoke on behalf of ASUA President Bruce who sends his thanks for the faculty support of the students’ rally in Phoenix last week. An estimated 2500+ students attended with 1100 coming from the UA. She thanked the faculty for supporting the students’ by ensuring they had the facts as well as the opportunity to become engaged in protecting our universities. ASUA will turn its energies to a more sustainable form of engagement by continuing to ask state legislators to invest in education for the future.

3B. GPSC President Stephen Bieda Report

No report

3C. Faculty Officers’ Report

Presiding Officer Robert Mitchell announced that the Senate will go into Executive Session to consider the Honorary Degrees at 4:30 today. Turning to the faculty elections, the Committee on Elections is conducting special elections in the College of Architecture and in the College of Engineering to replace their College Representative Senators. Petitions for the General Faculty Primary Election are due in the Faculty Center on February 11. The January and February 2009 Senate minutes will be available at the March 2 meeting.

3C. Provost Meredith Hay

Provost Hay remarked that the budget decisions that have been discussed in the Senate are moving forward. All of the units must generate an additional 5% cut by March 1. Additional revenues will come from unrealized tuition and enrollment as well as savings on gas contracts which totals $40M. An additional $17M will come from cash reserves from the auxiliaries, which will have to be paid back next year, but will buy time so that no additional unit cuts will be necessary this year. Vice Provost Burd has the lead on the implementation portion of the Transformation Plan, which is moving forward, perhaps more urgently than ever.

3D. President Robert Shelton

President Shelton thanked the students, faculty, staff, alumni, and J.C. Mutchler as Chair of the Arizona Faculties Council for all of their efforts to convince the Regents and the legislators to adequately fund the university system. The impact was not as great as hoped, but helped nonetheless. The proposed reduction was $100M, which the legislature increased to $141.5M, which is about $57M for the UA. He has been thinking of this fiscal disaster as a two-year process. For 2010, The U.S. House and Senate have passed differing versions of a federal government stimulus plan, which may provide some relief. However, the plan may require the governor to request the education funds, and some state legislators are opposed to accepting federal funds. President Shelton said he will be meeting with the governor later this week to encourage her to apply for the federal education funds. In order to qualify for the federal education funds, the House Bill has a provision called "maintenance of effort" that requires state funding levels for K12 and for higher education to not be cut lower that the 2006 funding levels, which is $753M for Arizona. President Shelton’s focus now is on FY2010, working with legislators and the governor and her staff. He reminded the Senate that the UA lost $22M at the beginning of this year; this is another $57M which is approaching $80M of the state appropriation that was $440M last year. The state’s revenues continue to fall behind projections; state lottery continues to exceed projections. He said that difficult decisions resulting in significant changes for 2010 will continue to be made with input from SPBAC based on the UA’s Strategic Plan and on what is the core of this University.

4. QUESTION AND ANSWER PERIOD FOR AGENDA ITEM 3

Senator Hildebrand inquired about the state legislature’s removal of support for Science Foundation Arizona. President Shelton affirmed that a last-minute action by five house representatives resulted in sweeping all of the funds in Science Foundation Arizona for this fiscal year, but he is uncertain about the details and matching funds and whether checks that have been issued will be stopped or refunded. This action has a major impact on a number of projects at the UA. Governor Brewer has stated that she would like to restore the SFAZ funding in 2010.

Senator Bieda asked how the budget cuts might affect degree offerings and Graduate Teaching Assistants’ allocations for next semester. Provost Hay said her office will begin by looking at degree programs that will no longer be offered, and that will determine whether those programs need GTAs.

Senator Jull commented on the anxiety about layoffs among staff and asked the President about the specifics of his memo today regarding layoffs, and whether any of the layoffs will be in the administration. President Shelton said there have been layoffs in the administration and there will continue to be, and unit heads are making the decisions about what layoffs they have to implement to meet their budget cuts.

Senator Silverman asked whether the Arizona legislature’s cuts to higher education bring the university system below the 2006 level. President Shelton responded that the number is getting close, but is still above the FY 2006 funding level. It is very possible that the FY2010 funding level will fall below the FY2006 level. The U.S. Senate’s bill has some provisions for a waiver.

Senator Joseph asked whether the deans are allowed to use unfilled lines to help cover the 5% across-the-board unit cuts which are due by March 1. Provost Hay affirmed that unfilled lines are where most of the 5% savings is emanating from.

Senator Christenson asked whether the $57M needed for this year is a permanent or a one-time cut. President Shelton responded that he is using some one-time money to close the books for this year, but the debt will carry over into 2010. He added that decisions have to be made this March in order to make significant changes in personnel for 2010. He anticipates that the state’s legislature won’t finish its budget until June.

Senator Tabor asked about the status of UA South and the UA College of Medicine-Phoenix. President Shelton said every unit has been looked at for both the impact of elimination and for the amount of cash accrual from elimination. The UA can no longer afford to do everything it has been doing.

Senator Mitchneck referred to today’s memo announcing a reduction in the number of colleges from sixteen to thirteen colleges and why the word "partnership" is used rather than merger or elimination. Provost Hay explained that the purpose of the memo was to explain both internally and externally what these cuts actually mean to the University. Using terms like "reducing the number of colleges" can help to emphasize to the legislature and the public the pain that these cuts are causing, but internally, the campus community understands that these are partnerships, not mergers or eliminations.

Senator Slugocki asked whether the recently-approved increase in out-of-state student enrollment from 30% to 40% will be implemented for the fall 2009. President Shelton said the increase will be approved for fall 2009 but he doubts that the 40% cap will be reached in one year.

Senator Effken asked whether there are significant savings involved in cutting small programs. Provost Hay said that Chair Howell’s Senate Committee on Budget and Strategic Planning will be looking at these, but the greatest expense is faculty time. Classes with three-student enrollments every other year is simply not the best use of faculty time. Her office will be looking to maximize every minute of faculty time.

Senator Andy Silverman, who is the UA’s representative to the Coalition on Intercollegiate Athletics (COIA), presented an update on COIA’s activities. COIA is an alliance of 56 Division 1A university senates, including seven from the PAC-10. COIA was formed in 2002 to look at how athletics is integrated into the academic mission of the university, link representative faculty governance on many campuses, and articulate a cohesive faculty voice on athletics reform at the national level. The Coalition has published several papers; one of the most significant is, "Framing the Future: Reforming Intercollegiate Athletics (2007)." Under President Shelton’s leadership, this report is being used as one of the measures of UA’s Intercollegiate Athletics program. Other subjects that COIA has addressed have been supporting the Faculty Athletic Representatives’ (FARs) memo to the NCAA concerning academic issues with basketball athletes who are academically unprepared and of particular concern because this sport spans two semesters. Escalating coaches’ salaries has been another concern of the COIA. COIA works closely with the NCAA, the Knight Commission, the FAR Association, and other groups. COIA holds a national meeting once a year and this year the UA will be hosting the meeting March 6-8 with Saturday’s sessions being held here in the College of Law. UA’s Athletic Director Jim Livengood, President Shelton, former President Likins and UA’s FAR, Jory Hancock, will be among the speakers on Saturday, as well as the executive director of the Knight Commission and a Sunday morning lecture by the Managing Director of the NCAA membership services. Normally the Executive Director of the NCAA attends these meetings; however, Dr. Myles Brand who is a former UA dean and is serving as the NCAA Executive Director, is seriously ill with cancer and unable to attend. As an academic, Dr. Brand has been extremely supportive of COIA and has helped to bring an academic voice to the NCAA.

Student Affairs Policy Committee Chair J.C. Mutchler introduced Dr. Keith Humphrey, Associate Dean of Students. Senator Mutchler reminded the Senate that last spring the Student Affairs Policy Committee brought forth a revised tri-university version of the Student Code of Conduct which the Faculty Senate endorsed. While it is not quite clear which body approves such documents, the Senate has traditionally offered its endorsement. The SAPC, together with the Dean of Students Office (DOS), has been working since last spring, through the summer and again this past fall to reach agreement on a revised UA Code of Academic Integrity. Senator Mutchler commended the DOS for conducting a vetting process that has been a model of shared governance. ASUA and GPSC, the associate deans and the Office of the General Counsel were also consulted about the revisions. When GPSC requested a number of changes, the Dean of Students Office worked with the GPSC representative to incorporate almost every single request. The main revisions to the Code of Academic Integrity are to make the language consistent with the Student Code of Conduct. Another change which Senator John Ulreich promoted falls under Prohibited Conduct section on page 2, Section I, which provides for an educational sanction for a student who may have plagiarized inadvertently. Dr. Humphrey noted that the current Code referred to spring and fall semesters, and the revisions now clarify that the Code is in effect for all sessions, be they winter, summer, and inter-sessions, online, or otherwise offered credit-bearing courses. Dr. Humphrey thanked everyone who was a part of the consultation process. Senator Mutchler presented a seconded motion [Motion 2008/09-20] from the SAPC asking the Senate to endorse the revised Code of Academic Integrity.

Senators’ questions and comments included: 1) While the Code allows for students to appeal to the deans of colleges, in reality these appeals are usually handed off to assistant or associate deans. 2) There is no formal mechanism by which a professor who has had a decision overturned has any course of appeal. Dr. Humphrey acknowledged that there is no formal mechanism for faculty to appeal, but noted that the process stipulates that the assistant, associate, and full deans should be working closely with the faculty member to learn all of the relevant information pertaining to a case. He added that a dean sometimes may strengthen or lighten a professor’s sanction as a sort of "leveling" process that takes place in order to keep sanctions fairly consistent across campus. 3) This Code allows for faculty members to impose such major sanctions as expelling someone or revoking a degree. While an appeal to the next level is available, the student still has to invoke the appeal. For those severe sanctions, this appeal should be automatically invoked. Dr. Humphrey explained that the spirit and the intent of the language are to provide for an automatic appeal of these severe sanctions. The Office of the General Counsel (OGC) has assured him that the word "entitled" is adequate to trigger an automatic appeal; however he will check again to be certain that this meaning is absolutely clear. 4) How many violations of the Code are reported each year? Dr. Humphrey said about 400 violations are reported each year, and he knows that some faculty choose to handle violations independently and "off the books," although they are encouraged not to do that. About 80% of violations are plagiarism. All reported violations receive some disciplinary action ranging from a letter to the most severe, degree revocation, although these are rare. 5) Most faculty feel they have no rights in this process, and simply ignore violations because the process is so cumbersome and will probably be overturned anyway. Is there any way to restore faculty rights? If the process was easier and faster, more faculty might report violations. Dr. Humphrey said his office is always open to streamlining the process. He added that about 8-10% of appeals are overturned by the deans. Senator Mutchler asked Senator Willerton to draft some language regarding faculty rights for the SAPC and DOS to consider. 6) It seems that designating a committee would be fairer than having such a major decision pivot on one person. Senator Burd, a former academic associate dean, said she has worked within this process and that it is not only fair, it really works. She encourages faculty members to report violations—the report form is simple to complete. The deans talk to both the faculty member and the student, and a student can appeal a decision. Senator Mutchler explained that the DOS advises, helps and works with students to understand and navigate the process. Dr. Humphrey said that the concerns about automatic appeals language and faculty rights will be brought to the OGC and the SAPC and then back to the Senate for another endorsement if further revisions are made. Presiding Officer Mitchell called for a vote on the motion to endorse the revised Code of Academic Integrity. Motion carried with three opposed and one abstention.

Chair of the Faculty Wanda Howell said she has received multiple inquiries relating to the President’s announcement of furloughs, wondering whether these can be voluntary or in any way negotiable. While President Shelton said the furloughs are not negotiable, he shared that this unprecedented budget situation was his impetus to consider furloughs, which he described as a very important technique of bridging a temporary budget situation. Furloughs also can be a morale booster when all categories of employees feel they are "in this together" and are contributing in some way. Furloughs can also be very divisive when questions of fairness and equity arise over differing salary levels. President Shelton decided that furloughs were not appropriate for FY09 because of the short notice; but he decided that mandating a minimally disruptive furlough of five days for all employees on state and local-allocated monies, giving everyone more than a year’s notice and allowing the furloughs to be spread across over twelve months if needed was the fairest way to implement this tool for FY10. Establishing furlough boundaries such as persons with salary levels below $40K receiving no furloughs, or furlough considerations for persons on 9-month versus 12-month contracts, would quickly become extremely complicated. President Shelton said that he is not sure that the Senate or employees across campus understand the magnitude of this problem. The UA is looking at the potential of losing 30% of its state budget. Some of his administration’s unpopular actions of this past fall, such as the funds sweep and the hard freeze on positions, have allowed the UA to weather FY09 with the least amount of pain. In 2010, the UA stands to lose another $40M, which will be extremely painful and will most probably involve elimination of units or perhaps colleges. The furloughs will provide a $6-7M hedge of one-time money going into 2011. Senators’ questions and comments included: 1) A furlough assumes that the money is returned; otherwise the furlough essentially amounts to a pay cut. Where will this money to backfill the salaries come from? The furloughs are not a pay cut because salaries are not being permanently reduced. The savings will come from eliminating positions. 2) How will the furloughs affect the three-year average for employees who are planning to retire within these three years? President Shelton wasn’t certain and referred the questioner to Allison Vaillancourt in Human Resources (HR). 3) Will directors or highly paid employees who wish to donate furlough time for the lowest-paid employees or those closest to retirement in their departments be allowed to do so? President Shelton said this idea may have merit. 4) Would staff be able to give back vacation days to cover their furloughs? Senator Cusanovich said this option doesn’t save any money. 5) Will the furloughs be applied to teaching assistants on state funds? ASU exempted its student employees. President Shelton said his calculations did not include student employees, but he wants to check the numbers again before committing. 6) Will the furloughs affect benefits and will employees have to pay back in for benefits and for the University’s matching? President Shelton said he doesn’t think that a five-day furlough would affect benefits but referred the question to HR. 7) What percent pay cut does the five-day furlough translate into for faculty on a standard ten-month contract? President Shelton said the percentage is 1.92%. 8) What is the definition of furlough? President Shelton explained that the furlough refers to time that an employee doesn’t come to work and doesn’t get paid, but this must be done responsibly, i.e. not canceling classes.

Turning to the budget reallocations, Provost Hay said the Tuition Funds Flow Task Force is creating a funding model that may be piloted within a small unit or one college but she does not expect a revenue-based budget to be implemented until fall 2010 because it is a complex undertaking. Senator Joseph explained that the point of a revenue-based budget is to produce incentives to increase revenues and decrease expenses, but it takes a while for the new behaviors to fall into place. She also pointed out that many people have asked about delaying the MOSAIC project until this budget crisis has passed, but the fact is that this budget system can’t be put in place until MOSAIC is up and running. Senators’ comments and questions included: 1) At a colleague’s university in the northeast, the state’s funding is so low that the fees are now higher than the tuition. President Shelton explained that the Board of Regents has to approve tuition and fee increases for all but the smallest fee increases. President Shelton is looking for additional revenue streams such as the balance of in-state/out-of-state undergraduate population, but he believes the Regents would be reluctant to approve an additional tuition increase in the fall of 09, but they might be more accepting of justified, targeted fee increases, providing additional need-based financial aid. President Shelton reminded the Senate that the students have been particularly helpful in supporting the universities and that an aggressive tuition and fee increase could severely damage that alliance. Another revenue-enhancing source has to do with merit-based financial aid which amounts to tens of millions. 2) The past two decades have seen the universities’ budgets cut almost every year. These cuts, however, are particularly painful because of the size. Over this long period of time, the results of the Promethean budget cuts have run downhill onto the faculty. It isn’t clear whether the faculty’s good will, which can bend a long way, can take much more without breaking, and that break will not be easy to fix. Whether the good faculty can be retained is uncertain. Chair Howell and Provost Hay observed that this comment about extraordinarily low morale is sobering. Provost Hay noted that the cuts also roll down onto the students. The legislature needs to hear that if the taxpayers aren’t willing to fund the university adequately, the burden of maintaining the quality of the educational experience is going to have to be shifted to the students and the parents. The fight will be in FY2010, and there is a chance to influence this governor in order to preserve 120+ years of excellence in this institution. How much savings are anticipated coming from the change in health benefits? Provost Hay said the Regents are looking into self-insuring the universities to see if any savings could be realized.

Senator Howell asked how the UA’s outreach, community-based activities and extension offices might be affected by budget cuts. Senator Christenson said that no Arizona Cooperative Extension offices will be closed, but that his office will curtain much of the state funds that go into them. The extension offices are also funded by county and federal funds. The extension offices can only support what the citizens and legislature will fund. The counties are struggling with the trickle-down effect of $100M in equity money from the state. The extension department has over 9000 volunteers throughout the state; training and certifying those volunteers to carry out some of the more popular programs will be affected, so some will be suspended. Senator Howell yielded the floor to College of Agriculture and Life Sciences Dean Eugene Sander, who said that the term "suspend" is a carefully-chosen term to get the attention of parents and community involvement necessary to influence the legislators to replace some of these funds when the state’s economy is healthier. While sixteen budget cuts in eighteen years have been, for the most part, incremental, this current situation is a tipping point.

The Senate recessed at 4:29 p.m. to go into Executive Session.

There being no further business, the meeting was adjourned at 4:51 p.m.

J.C. Mutchler, Secretary of the Faculty

Pamela S. Bridgmon, Recording Secretary

Motion 2008/09-20 Seconded motion from the Student Affairs Policy Committee asking the Senate to endorse the revised Code of Academic Integrity. Motion carried.