The meeting was called to order by Vice Chair and Presiding Officer Jory Hancock at 3:05 p.m. in the College of Law Room 146. Vice Chair Hancock invited the new Senators to introduce themselves.

Present: Senators Aleamoni, Armstrong, Auxier, Becker, Bickel, Caldwell, Dahlgran, Dalton, T. Davis, DeYoung, Graff, Grant, Hancock, Hartman, Hogle, Houtkooper, Howell, Impey, Ivey, Jenkins, Kidd, Likins, Marchalonis, Medine, Merkle, Mishra, Mitchell, O’Brien, Pitt, Quinn, Regan, Richardson, Romer, Schooley, Sheridan, Silverman, Smith, Spece, Tal, Taren, Warburton, Warnock, Witte and Zwolinski. Thomas Volgy served as Parliamentarian.

Absent: Senators Benson, D. Davis, G. Davis, Garrard, Gruener, Hurt, Joens, Kosta, Kurzer, Larson, Parsons, Pepper, Perches, Szilagyi, Walsh, Weinand, and Zilm.

2. OPEN SESSION

Senator Medine – Senator Medine observed that following Dr. Marguerite Kay’s dismissal in 1998 on charges of scientific misconduct, the Superior Court found the conduct of the Committee on Academic Freedom and Tenure (CAFT) hearings faulty and concluded that the University’s dismissal of Dr. Kay was "arbitrary and capricious." In the procedures as followed, the CAFT hearings were judged illegal. This summer, in accordance with University Handbook for Appointed Personnel (UHAP) provisions, Dr. Kay requested of the head of her department an enhanced review of her performance and of the substance of the charges developed in the CAFT hearings. This enhanced review, conducted by an independent panel of researchers with specialized expertise in the field, endorsed her department’s regular assessment that Dr. Kay’s performance was of the highest order and concluded that the charges developed by the CAFT hearings were without substance. A colleague has been tried, convicted and sentenced of the academic equivalent of a capital crime, the Superior Court has declared the proceeding as followed illegal, and now the substance of the charges has been called into question. The University’s continued prosecution of Dr. Kay is highly questionable. Senator Medine inquired of Chair Hogle whether the August 7, 2000 Wildcat article quoted him correctly as suggesting the enhanced review committee was "biased" and whether he is continuing to supervise CAFT proceedings as President Likins charged him to do earlier.

Senator Warburton – Senator Warburton reminded Senators of the Faculty Fellows Speakers Program on Wednesdays at 12:15 p.m. in the CCP Auditorium and encouraged everyone to attend.

Senator Hogle – Senator Hogle responded to Senator Medine’s Open Session questions, noting that Superior Court Judge Villarreal ruled that the University’s actions in this case were "arbitrary and capricious" only because it did not proceed to Conciliation following the findings and recommendations of the CAFT investigatory and hearing panels. The case has now been heard by the Committee on Conciliation, where it failed to be conciliated, and, as a result of the Kimball case at ASU, the hearing will be reconvened with active legal representation for the respondent. The hearing panel is composed of completely new members and Senator Hogle assured the Senate that the panel chair is scrupulously adhering to the rules of the Arizona Board of Regents Policy Manual, UHAP and CAFT. Regarding the Wildcat article, Senator Hogle said he did not use the word "biased" to describe the enhanced review committee that examined the case of Dr. Kay, and he clarified that an enhanced review is only to be used in cases of unsatisfactory Annual Performance Review, according to the Faculty Senate and UHAP. The Kay hearing, as of now, is scheduled to begin September 26.

3A. ASUA President Benjamin Graff

Senator Graff thanked the Senate for actively listening to his concerns and for extending shared governance to the students and ASUA. He reported that the Arizona Students’ Association (ASA) will be very busy in the political arena this year and is strongly advocating Proposition 301 for increased funding for education in Arizona. Toward that end, student government members at all three campuses are working to educate students about the issues and candidates and are also competing to increase student voter registration. ASUA’s recent CatFest event was a success in spite of bad weather.

3B. GPSC President Jason Auxier

Senator Auxier requested Senators to help judge the Student Showcase on Friday, November 10^th. GPSC strongly supports the $180 million decision package to increase faculty and graduate assistant salaries that President Likins is presenting to the Board of Regents and will continue to work for registration fee waivers for graduate assistants.

3D. Secretary of the Faculty Wanda Howell

Secretary Howell noted a correction in the Minutes of May 1, 2000, page three, item 7, thirteenth line, which incorrectly identified Parliamentarian Sankey as a Senator.

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

Chair Hogle also thanked Tom Volgy for agreeing to be the Senate’s Parliamentarian. He reported that the Governor’s Task Force on Higher Education is currently drafting its report. In response to the request to identify areas of university endeavors to stress in building for the new economy, President Likins named water issues, optics issues, information technology, and biotechnology, the latter two in conjunction with the other two state universities. The report will urge increased support for the core funding of the institution, for faculty salaries, for increased staff support, and for increased graduate student compensation. The 76^th Arizona Town Hall (May 21-24) expressed in its report an urgent call for action for the Arizona educational crisis. The report emphasizes integrating a well-rounded liberal arts education with preparation for living and working in an evolving, technology-based economy. The Town Hall also recommends replacing the obsolete state funding model for higher education and developing a funding model that substantially increases funding, keeps pace with the institutions’ needs, and makes Arizona not only competitive but excellent. The Governor’s Proposition 301 for a .6% increase in the state sales tax to increase funding for education made it through the House and Senate with a great deal of support from southern Arizonans and in spite of the opposition of those bodies’ leadership. If Prop. 301 passes the public referendum in November, the 15% allocated to higher education will be used for programs such as those proposed in the Governor’s Task Force, relieving pressure on the General Fund, and possibly freeing up funds for salary increases. In order to become informed about the issues and candidates who are pro-public education and higher education, Chair Hogle advised Senators to consult the "Voter’s Guide" which includes legislative questionnaire responses on the ASA’s website at http://www.azstudents.org/. Above all, Chair Hogle urged everyone to become involved and to vote this November. The Arizona Faculties Council is continuing to work with the Regents on the learner-centered initiative and Senator Caldwell has developed a website (attachment) for this effort. While the Regents may occasionally suggest policy changes, Senator Hogle assured the Senate that any major policy changes would come through the Senate and that small technical changes would be posted on this website for response. In a move that has increased shared governance, President Likins has restructured the Cabinet, dividing it into Space and Finance Committees, and has invited the Chair of SPBAC to sit on the Cabinet and the Finance Committee. Campaign Arizona will be kicked off on October 6^th at 8:30 am in Crowder Hall, with the public announcement at a noon event on the east side of Old Main. Chair Hogle welcomed Provost George Davis to the Senate, commenting that in addition to being a strong believer in shared governance, Provost Davis has been extremely conscientious about involving faculty when formulating search and review committees.

Provost Davis sent his report to be delivered by Senator Richardson, because he is out of town attending a meeting of the Chief Academic Officers of the American Association of Universities. He attended the June ABOR meeting and participated in a panel on learner-centered education, where he realized that this is a mode of teaching and learning that many faculty at UA have been engaged in for some time, such as in Fine Arts, where close student-faculty interaction in the learning environment is standard. He announced two ongoing searches, an internal search for a Dean of the College of Public Health, and a national search for a Dean of Nursing. He is also about to launch two more searches; search chair Dr. William Dantzler will conduct a national search for a Vice President of the Health Sciences and Dean of the College of Medicine, and search chair Dr. Charles Tatum will conduct a national search for a Vice President for Undergraduate Education (VP-UGE). Former Provost Sypherd appointed Sally Jackson as Vice Provost for Information Technology and Faculty Development, and Provost Davis looks forward to this partnership. Provost Davis shared his first impressions after three months as Provost: 1) faculty salaries are not where they must be in order to be competitive, 2) graduate teaching assistants’ workloads and compensation continue to need to be addressed, 3) the NCA accreditation went well but identified challenges such as lack of recruitment and retention of faculty in under-represented minority groups, 4) the newly structured Finance and Space Committees will ensure more effective decision-making on scarce resources and 5) ASUA President Ben Graff is highly motivated to address advising and the Undergraduate Council has recommended creating a University-wide task force on advising, involving relevant stakeholders such as students, faculty, professional advisors, and the colleges. The VP-UGE is currently establishing that task force. Provost Davis challenged the faculty to make this university truly student-centered and to approach students more directly and to inquire about how things are going.

3G. President Peter Likins

President Likins praised Provost Davis’ collaborative spirit and commitment. The revised Cabinet is a reflection of that collaboration and will ensure that every member understands the University’s finances as the Cabinet assumes the responsibility for final recommendations on resource allocations. President Likins reflected on the past three years of his presidency, describing that in 1997, The University community was struggling with problems of money and morale, a feeling of being locally undervalued, a hostile press, an indifferent business community, unproductive relationships with the city and county, a hostile legislature, a governor at war with the University system, and an adversarial Board of Regents. President Likins then undertook an aggressive campaign to strengthen relationships and to improve the local and statewide perceptions of the University. He feels that there now exists genuine optimism among campus community members and that there has been a shift in external public opinion, although only by persuading the voting public have we been able to influence the legislature. About $75 million in private funds are now flowing into The University annually, and Campaign Arizona will set very ambitious goals at the October 6^th kickoff. He is optimistic about the potential changes in Arizonans’ attitudes towards higher education and expects noticeable improvements at the University within twelve months’ time. Although the Arizona Town Hall provided an extraordinary endorsement of higher education and provided the impetus to place Proposition 301 on the ballot, neither Proposition 301 nor Campaign Arizona is capable of financing the University on their own. More general state allocations will be needed. President Likins emphasized the need to persist with efforts to help the legislature to understand the necessity of proper general fund financing of the operations of the universities.

4. QUESTION AND ANSWER PERIOD

Senator Silverman expressed concern about funding education through sales tax increases, and inquired whether the Governor’s Task Force has taken a position about how higher education should be funded. Senator Hogle responded that a subcommittee of the Task Force is proposing multiple revenue sources and does not stress any long-standing dependence on the sales tax.

Senator Silverman inquired why the Provost is not conducting a national search for the Dean of the College of Public Health. Senator Richardson said that he did not know about the reasons for that being an internal search, but the Provost has expressed a desire to have strong support and external input for Undergraduate Education and so is conducting a national search for the Vice President for Undergraduate Education.

Senator Bickel inquired whether the Marguerite Kay hearing is beginning completely anew. Senator Hogle replied that the CAFT hearing will begin as though the question of guilt or innocence of scientific misconduct has not yet been established. Senator Bickel commented that conducting this hearing properly this time is important for the external public opinion of The University.

Senator Marchalonis requested an open and frank discussion about this CAFT hearing process and procedures to ensure that everything is done correctly. He said serious difficulties arose in the last hearing regarding due process for the faculty member. He asked if the panel has appropriate expertise required by the federal government, and if it is free from conflict of interest, and whether CAFT’s role as protector of faculty rights and tenure is in consideration or is this merely an investigation of Dr. Kay and a search for new charges? Senator Hogle responded that he believes the new panel has the appropriate expertise and is free from conflict of interest, that everything is being handled correctly, and that there are no new charges.

Senator Witte inquired why, in this important matter concerning the improper dismissal of a tenured faculty member, hasn’t the Senate received a report from the Faculty Chair detailing the status of the case, the panelists’ names, and the ground rules for the hearing. Senator Hogle responded that CAFT is independently elected by the General Faculty and is therefore not supervised by the Senate, and he expressed confidence in the elected CAFT members’ abilities to perform their task.

Senator Spece inquired whether Senator Hogle monitored the first hearing in the Kay case to ensure faculty rights and due process, and whether the process is beginning with the UCEC charges. Senator Hogle replied that, in his role as Chair of the Faculty, he did monitor the procedures during the first hearing and continues to monitor the procedures, although not as closely as before, because he has so publicly supported the previous CAFT panels. He said that the new hearing is beginning with the concerns forwarded by the University Committee on Ethics and Commitment. Senator Spece suggested that someone else should assume the role of monitor to assure that due process is afforded because the public is watching.

The minutes of the Faculty Senate meeting on May 1, 2000 were approved as corrected.

6. CONSENT AGENDA ITEM: PROHIBITED CONDUCT, FORWARDED FROM THE STUDENT AFFAIRS POLICY COMMITTEE

Consent agenda item 1, detailed at the end of these minutes was approved. [Motion 2000/01-9]

7. DISCUSSION AND POSSIBLE ACTION: GUIDELINES FOR POLICY DEVELOPMENT BY FACULTY SENATE COMMITTEES (attachment)

Senator Hogle referred to the "Guidelines for Policy Development by Faculty Standing Committees," included in Senators’ packets which comes as a seconded motion from the Senate Executive Committee, recommending that the Senate adopt this policy. The policy has come from an ad hoc committee chaired by Bob Sankey and consisting of Roger Caldwell, Peter Medine, Dennis Larson, Anna Elias-Ceznik, Judith Leonard, and Lynn Wood. The policy provides guidance for Senate committees to interface with as many groups as possible so that by the time a policy comes to the Senate for approval, it has been fully vetted with everyone concerned. Motion carried. [Motion 2000/01-10]

Senator Silverman described the charge to the Task Force as set forth in the April 1999 Commitments; to meet monthly and to monitor compliance with the Commitments. The March 1, 2000 deadline called for the University to comply with a number of requirements and the Task Force concluded at that time that The University was in complete compliance. However, an August 1, 2000 deadline passed without the compliance of the Fair Labor Association (FLA) in adopting the principles of full factory location disclosure, living wage, women’s’ rights and unannounced, independent monitoring. The Commitments clearly call for The University to withdraw from the FLA in this case, and this is what the Task Force recommended. Senator Silverman explained, however, that within the FLA, the FLA’S university members have formed the University Advisory Council (UAC) which has made great progress and has adopted almost all of these principles. Given this new structure within the FLA, the Task Force was unclear about strict compliance in monitoring the Commitments and requested that Students Against Sweatshops (SAS) and President Likins meet with a facilitator to discuss the Commitments in light of this change within the FLA, and decide whether or not to revise them or what discretion the Task Force may have in interpreting compliance. Following this meeting, the Task Force may choose to revisit its report and recommendation to the President. The Task Force is also sponsoring a Forum Speaker Series to educate the community about the issues of sweatshops. The first speaker, Richard Applebaum, a board member from the Worker Rights Consortium (WRC) will address the campus community and meet with the Task Force and with President Likins on October 26-27. The second speaker, Sam Brown of the FLA, will also address the campus community and meet with the Task Force and President Likins in October or November. The spring speakers will include someone to address living wage and women’s’ rights issues. The work of the Task Force may ultimately affect the lives of people within the global community.

Vice Chair Hancock credited Senator Silverman as being instrumental in encouraging both sides to continue their efforts and maintain communication in this process, and he thanked President Likins and SAS for their cooperative spirit in continuing the dialogue. President Likins thanked Senator Silverman for a thoughtful and balanced report, and said the challenges are both international and complex in their scope. He is attempting to arrange the meeting with SAS and he hopes they can go forward together and have a constructive influence on a global problem. Senator Schooley thanked Senator Silverman for his report and leadership of the Task Force and suggested that The University’s dual memberships in both the FLA and the WRC may ultimately be more effective than strict compliance with the Commitments. Senator Auxier inquired about the progress the FLA and WRC in monitoring. Senator Silverman explained that the WRC uses more of a fire alarm approach to monitoring, incorporating Non-Governmental Organizations (NGO’s) in building trust and support of workers within factories. That has not yet been implemented. The FLA is further along, having established benchmarks to monitoring and have performed five pilot projects in the field last May. Senator T. Davis urged the Task Force to have patience with a good faith effort by corporations because that may yield strong results. President Likins agreed, reminding the Senate that as recently as last fall the corporations were strongly opposed to disclosure, but by October NIKE had disclosed. By January 2000 all of the UA’s 300 licensees had their contracts revised to include the requirement of full factory disclosure, and by June 2000 all of the licensees of the 140 UAC members had also disclosed. President Likins acknowledged that neither he nor the UA would be considering these concerns had it not been for the efforts of the SAS.

Senator Mitchell explained that he hopes to elicit concerns or issues from the Senators in today’s reading, which he will then take back to the APPC to consider at its meeting on September 28^th with the Equal Opportunity and Affirmative Action Office (EO/AAO). The Senate last considered the Sexual Harassment Policy in November 1998 when issues concerning due process and anonymous complaints arose and the Senate postponed discussion. An interim policy has been in effect since July 13, 1998. Changes to this document include an intent to separate policy from procedures, some items in the document are ordered differently, and the language is less legalese. Due process is considered in the new policy on page 3, in the last paragraph under "Consequences of Policy Violations." Neither the interim policy nor the current draft addresses the issue of anonymous complaints, relegating this issue to procedures. According to EO/AAO, anonymous complaints from employees will not be pursued; however, anonymous complaints from students have to be assessed according to a set of criteria developed by the US Department of Education. General Counsel Leonard explained that generally, anonymous complaints should not be investigated because a formal investigation requires the participation of a complainant/accuser to state the facts of the case. Title 7 governs employment relationships, while Title 9 governs our relationships with students. Although the law governing employment relationships discourages anonymous complaints, it encourages addressing anonymous complaints by promoting education programs, hotlines, and dissemination of information regarding complaint procedures and administrative abuse, avenues which would not result in discipline or removal of an individual’s right to due process. Student relationship guidelines vary according to a set of factors such as the seriousness of the allegation and the source’s credibility and objectivity. The guidelines recommend that the institution make an appropriate response that will vary according to the allegation, the complainant’s age, and the student’s requests for confidentiality. Senators reiterated their concerns that anonymous complaints should be addressed in the policy, that anonymous complaints with no basis in fact might be used against someone, and perhaps the list of offenses should be expanded to include criminal activity such as attempted rape. Senator Hogle requested that both the Sexual Harassment Policy and the Grievance Procedure Revisions be returned to the Academic Personnel Policy Committee. Vice chair Hancock indicated these items would appear on a future agenda of the Senate.

10. DISCUSSION AND POSSIBLE ACTION ON GRIEVANCE PROCEDURES REVISIONS (attachment)

Item returned to committee.

There being no further business, the meeting was adjourned at 5:00 p.m.

Wanda H. Howell, Secretary

Appendix*

Consent Agenda Item: Student Affairs Policy Committee additional text to the Prohibited Conduct paragraph of the Code of Academic Integrity.

"Guidelines for Policy Development by Faculty Senate Committees" dated September 11, 2000.

"Senate Task Force for Monitoring Labor and Human Rights Issues Report and Recommendations to President Peter Likins Concerning the August 1^st Deadline and Status of Alternative Means" dated August 1, 2000.

Senate Task Force for Monitoring Labor and Human Rights Issues Press Release: "President Likins and Task Force Meet to Discuss Recommendation to Withdraw from FLA" dated August 30, 2000.

Final Draft 8/16/00 Sexual Harassment Policy.

"Draft Grievance Policies and Procedures for Faculty" dated April 24, 2000.

Faculty Senate Standing Committees 2000-2001 roster.

"Chair of the Faculty’s Report to the Faculty Senate, September 11, 2000."

"Learner Centered Education website and Discussion Forum for University of Arizona" developed by Arizona Faculties Council.

University of Arizona Speaker Series Fall 2000 Schedule.

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