Present: H. Alley, E. Bailey, J. Bennett, A. Berenstein, L. Bowditch, C. Bybee, V. Cartwright, F. Cogan, M. Epstein, L. Freinkel, L. Fuller, F. Gearhart, M. Holland, R. Horner, G. Luks, W.A. Marcus, G. McLauchlan, C. Mc Nelly*, S. Midkiff, B. Strawn, C. Sundt, F. Tepfer, N. Tublitz, M. Wilson, M. Woollacott, R. Zimmerman
Excused: K. Aoki, B. Blonigen, J. Earl, C. Ellis, D. Leubke, K. Merrell, M. Partch, M. Russo, M. Shirzadegan, E. Singer*, D. Soper
Absent: L. Alpert, A. Elliott, R. Graff, D. Herrick, P. Keyes, M. Linman, A. Morrogh, M. Myagkov, R. Ponto, M. Ravassipour, L. Skalnes, C. Smith*, J. Wagenknecht, J. Wasko (*non-voting participants)
CALL TO ORDER
Senate President Greg McLauchlan called the regular meeting of the University Senate to order at 3:10 p.m. in 240C McKenzie.
APPROVAL OF THE MINUTES
Minutes of the April 9, 2003 senate meeting were approval as distributed.
STATE OF THE UNIVERSITY
Budget and PERS Update from Provost John Moseley. Provost Moseley reported that the forecast for the remainder of the biennium is due out on Friday, May 16, 2003 with expectations for more negative news. The current budget is 5% less than the governor's original proposal. The provost said that the university can perhaps manage within the current revenues and enrollments and proposed tuition increases without diminishing quality, but will just barely maintain access to the number of courses needed by UO students. Deeper cuts will require additional reductions in services and/or tuition increases. The legislature's Ways and Means Committee budget unrealistically included fee remissions as actual money collected by the university and adjustments are expected in the May 16th forecast; budget resolution is not likely until July or later. To keep the university's budget balanced, an attempt will made to look at options, minimize impact, and maximize the use of resources.
For the most accurate interpretation of the reforms being legislated for the Public Employee Retirement System (PERS) situation, Provost Moseley recommended the governor's web site: http://governor.oregon.gov/fixingpers.htm. He further noted that most of the information applies to both Tier 1 (hired during or before 1996) and Tier 2 (hired after 1996) employees. The provost began by saying that the recently released PERS account balances (sent by regular mail to individual employees) will not decline. Anyone retired prior to Feb 1, 2000 will see no impact from the current PERS situation. Retirees after that date will see some impact from new actuarial tables that take effect July 1, 2003. These tables will have a "look back" but no employee will receive less than what they would have received if they retired on June 30, 2003. The 6% "member" retirement contribution the university pays this for UO employees will continue but will be deposited into a new, yet-to-be- defined, 401(k) type account rather than into PERS. The new 'accounts' will allow employees who will be in the system for a while to avoid the PERS controversy and, if chosen well, can contribute to faster growth of invested monies. The other 11% of retirement contributions will continue to go into PERS. The long-term effect of these changes will be a move from a Money-Match retirement calculation (which most retirees opt for currently) to a full formula retirement calculation.
Tier 1 members having previously been guaranteed a growth rate of 8% or higher on investments will now be subject to an 8% cap on interest earned and, although not subject to any losses, participants could experience 0% to 8% growth on their investments. The cap will remain in place until a sufficient reserve fund is built up and PERS is solvent again. For those who retire between April 1, 2000 and April 1 2004, the 2% cost of living adjustment (COLA) will not be awarded until an amount of money calculated to repay the PERS system for gains distributed in 1999 is repaid to the system. The calculation by PERS shows the maximum gain attributed for 1999 should not have exceeded 11%, yet the accounts were credited with a 20% increase. (Judge Lipscomb's earlier court decision determined 1999 as the limit for looking back to calculate unduly credited account gains.) No account growth is expected from now until April 1, 2004, but if one retires after that date the 2% COLA will be paid. The provost noted that much of the recent PERS related legislation likely would go before the courts on appeal. Actual resolution of the PERS situation could take from two to five years, depending on multiple factors.
The uncertainty of court battles contributes to the uncertainty of how the PERS situation will affect the university's budget. When asked if this information applied only to fixed accounts (rather than variable accounts), Provost Moseley responded that it did. Vice President Lorraine Davis added that if PERS discussions in upcoming meetings bring greater clarity, an open meeting would be scheduled so questions can be asked and answered. Provost Moseley remarked that the governor and legislative leadership are supportive of the pending bills and that other relevant items could be passed or vetoed. The Provost emphasized that there should be little or no incentive to rush into retirement. Helen Stoop, benefits administrator, assured that as soon as information is received from PERS it will be sent out to employees, adding that it is up to PERS to implement and interpret the bills.
Admissions Report from Director of Admissions Martha Pitts. Ms. Pitts reported that attention has moved from admissions growth to managing enrollment and stabilizing enrollment. Last year the UO had a record enrollment of 20,000 students and is projecting an additional 500 students next year. Admission requirements were adjusted: grade point averages were raised and college preparatory courses increased from 14 to 16. Students not meeting those new requirements went into a pool of 2,000 that underwent a comprehensive review of their academic indicators. The freshman class goal is to enroll 2,050 residents and 3,000 students overall; the UO has admitted about 300 more nonresident students. Deposits for nonresident freshman and subsequent "yield rates" are dropping due to the poor economy. The cost of attending the UO is greater than $25,000 a year for nonresident students, making it difficult to afford. Projections for fall 2003 are that the freshman class will be 250 students fewer than last year, the number of transfer students about the same as last year, and graduate student enrollment up slightly, for a total enrollment of 20,500. The goal is to keep enrollment at 20,500 to 21,000 students over the next five years. Ms. Pitts also remarked that they have seen an increase in the number of applications and admissions from students of color in every category with the exception of Native Americans, which is slightly lower. The increase in underrepresented groups' admissions is 18-20%.
Interinstitutional Faculty Senate (IFS) Report from IFS Vice President Peter Gilkey. Mr. Gilkey indicated that the IFS has been very busy, but in the interest of time and a very full agenda, he deferred reporting at this time and would give a full report at the October meeting.
Public Employees Benefit Board (PEBB) Update and Discussion. Mylia Wray, PEBB administrator, provided a handout outlining information regarding the current negotiations for health and dental benefits. Ms. Wray reported the PEBB Board is working on plans for the 2004 benefit year with work to be completed by June 17th. PEBB's job is to design and negotiate a benefit plan based on a designated dollar amount, but because there is no established dollar amount for 2004, the board is planning for 3 separate option tracks: Option 1 assume we keep the same carriers and benefits. Option 2 adjust the percent of funding if not enough funding to cover renewal rates. Option 3 consider options and ramifications if no new money is available. During two public meetings (May 20th and May27th), the board will announce benefits rates and implications. Feedback will be accepted at these sessions or in writing (see http://pebb.das.state.or.us/stakeholder_files/frame.htm).
Ms. Wray noted that health insurance options across the state have declined and some are consolidating. The average monthly contribution has risen from $386 to $637 and total premium are at $340 million for 2003. PEBB has an 8% regional increase this is below what is predicted for PPO of comparable plans. When asked how well negotiations are going in terms of PEBB maintaining the richest benefits offered of all of the public employees surveyed, the response was that PEBB benefits produce 11% more than the average plan and costs only 5% more, making it the better buy. Senator Francie Cogan, Honors College, wondered if groups of benefits, such as vision or pharmaceuticals, might be dropped from plans, to which Ms. Wray responded that she thought it unlikely. Senator Julie Novkov, political science, asked if there would be other provider choices in addition to Regence BlueCross BlueShield. Ms. Wray explained that no other carriers bid for Lane County's medical insurance business. Senate classified staff participant Carla Mc Nelly, romance languages, commented that classified employees are currently in contract negotiations, some of which hinges on the level of benefits provided. Finally, Ms. Wray recommended reading PEBB's Vision Statement for the next five or more years which will guide PEBB's decision making (see http://pebb.das.state.or.us/vision.htm). All information is posted on the PEBB website (see http://pebb.das.state.or.us/).
STANDING COMMITTEE REPORTS
Spring 2003 Curriculum Report. Paul Engelking, chair of the Committee on Courses, noted that the Preliminary Spring Curriculum Report has been distributed and posted on the web as usual. Mr. Engelking noted that changes in the report should be submitted to Peter Campbell, College of Arts and Sciences, instead of Lexy Wellman. Group satisfying courses will be submitted through the regular system: the department or college committee, to the Committee on Courses, then to the Group Satisfying Course Procedures of Intercollege Education Committee. Mr. Engelking also noted several corrections in the preliminary report: changes in anthropology courses will take place in Winter 2004; ANTH 252 and ANTH 280 were approved without group status; and Geology 101,102,103, change from a lab discussion to lab lecture.
The Committee on Courses is in agreement with the Undergraduate Council's recommendation that a course's place in the curriculum is better explained on the course syllabus; that is, if the course satisfies certain requirements (e.g., group, multicultural, general education, major or other program requirements) the information should be explained on the course syllabus. Lastly, Mr. Engelking drew attention to the Student Engagement Inventory (page 14 of the report) as an aid in assigning student credit hours uniformly across courses based on the educational activity and the number of hours students are engaged in the activity. With no further corrections, the curriculum report (see http://darkwing.uoregon.edu/~uosenate/dirsen023/CurRptS03final.html ) was approved as amended.
Senate Budget Committee (SBC) Report. Mr. Lynn Kahle, chair of the SBC, began his report by reminding the senate that the SBC's White Paper salary goal was for the UO to achieve 95% parity with eight peer comparator schools within seven years. Positive change has occurred over the past five years, but in the last 12 months the university has lost ground by 1.9%. In 20012002, the committee recommended a 3% salary increase, which was implemented. With an additional 2% increase in benefit costs, the actual pay increase was 5% during a period with relatively no cost of living increase. Comparator institutions, on the other hand, had a greater increase in health care and benefit costs. Looking at the 5-year trend, salary progress has been made; however, achieving this parity goal has become more complicated and the committee is brainstorming new ways to achieve the final objective. If the comparison figures are broken down, full professors are not doing as well as assistant and associate professors in terms of parity, due mostly to salary compression. And this year, assistant professors reflected a decline.
Mr. Kahle further commented that as PERS and PEBB undergo changes, the university might face an increase in cost for less benefit. If UO employees are required to contribute more for their health benefits and receive lower retirement guarantees, the total compensation package (salary plus benefits) will have to be reviewed. Provost Moseley pointed out the complexity in doing comparisons across ranks and between institutions, and suggested the more meaningful consideration is to follow trends and keep on a positive slope. He noted this year the UO will have a high retirement rate for generally higher paid full professors, which must be taken into account if the parity rate drops. Mr. Kahle concurred, and reiterated the importance of understanding what factors affect the comparator numbers. Senator Nathan Tublitz, biology, remarked that looking at the statistics for associate professors, parity gains were reduced by 50% over the last five years and is cause for concern. One possible explanation is that other schools are paying higher salaries. Mr. Kahle advised that the data is very recent and there are still unknown factors. (Full text of the report can be found at http://darkwing.uoregon.edu/~uosenate/dirsen023/SBCRpt03.htm.)
Non-Tenure Track Instructional Faculty Committee (NTTIF) Report. Mr. Kahle, who also co-chairs the NTTIF committee, began his report by noting that from 1999-2003 the UO lost ground regarding total compensation for non-tenure track instructors relative to those in peer institutions, although the percentage of parity for instructors has not been monitored as it has for the tenured related faculty rank categories. Developing a White Paper for NTTIF is a goal of the committee. Mr. Kahle also noted that the committee conducted a major survey of NTTIF. Analyses of data will be done this summer, recommendations will follow, and a public meeting will be held. Mr. Kahle stated that the committee was in the process of identifying "best practices" for this faculty group, and the idea of creating an ombudsman is under consideration.
During a brief question and answer period, Senator Linda Fuller, sociology, recognized and thanked the committee members for their important work. In response to her question regarding full professors salary parity at the UO, Provost Moseley responded that departmental salary comparisons are made with an 80% floor compared to their group; the policy is that no person should be more than 20% below the average for their rank in their department, which is examined every time a salary increase is made by rank, and any problems should be referred to the provost's office.
NEW BUSINESS
Conferring of Degrees. Mr. Malcolm Wilson, chair of the Academic Requirements Committee, captured the senators' attention by speaking in Latin to make the annual motion to confer degrees. Fortunately for the non-Latin speakers in attendance, he followed his motion with the English version as follows: The Senate of the University of Oregon recommends that the Oregon State Board of Higher Education confer upon the persons whose names are included in the Official Degree List, as compiled and certified by the University Registrar for the academic year 2002-2003 and Summer Session 2003, the degree for which they have completed all requirements. At this point, faculty member Frank Stahl, biology, called for a quorum. After senate Parliamentarian Paul Simonds ruled that only a member of the senate could call for a quorum, Senator Carl Bybee, journalism and communication, called for a quorum. The secretary called the senate roll and determined that a quorum was present. With no further discussion, the motion to confer degrees for academic year 2002-2003 and summer session was passed unanimously by voice vote.
Recommendations for 2003-2004 Committee Appointments. Vice President Lowell Bowditch, chair of the Committee on Committees, presented the list of names of persons recommended for committee appointments next fall (see http://darkwing.uoregon.edu/~uosenate/dirsen034/com034.html). A motion to approve the list of recommendations passed unanimously. .
Motion US02/03-4 Request for A Summary Report of UO Policies and Procedures in Response to the USA Patriot Act. Senate President McLauchlan called on Melinda Grier, university general counsel, to give a report on current policies and procedures regarding how the university responds to requests for information stemming from the USA Patriot Act and other similar acts. Ms. Grier said the three primary bills that have changed or added information requirements are (a) the USA Patriot Act, in which the issue surrounds electronic information gathering and enhanced border security; (b) SEVIS, which is a computerized system for keeping track of individuals entering the country on visas; and (c) the Bioterrorism Preparedness and Response Act, which requires reporting about select biological agents and matter. Ms. Grier noted that to date, there have been no requests for specific information at the UO or at many other colleges and universities pertaining to these acts. She polled a number of university departments that might receive such requests for information with the following results:
President McLauchlan thanked Ms. Grier for her report. He then recognized Mr. Daniel Pope, history, who acted in place of the original maker of the motion, Ms. Barbara Pope, women and gender studies, who was not in attendance. Mr. Pope put the following motion on the floor for discussion and debate:
MOVED THAT the University of Oregon Senate initiate a process to work with all sectors of the university to formulate policies and procedures to protect academic freedom and the working environment that is necessary to carry out the University's core mission. This process must begin with an understanding of what procedures are now in place, or are being considered, by administrative units such as the Library, the Office of International Programs, Admissions, the Graduate School, Student Health Services, Human Resources, the Registrar's Office, Public Safety, the Provost's Office, and the President's Office to respond to requirements of the Patriot Act, the proposed CAPPS II, and similar legislation. We request that the administration provide a summary report to the University Senate at its first fall meeting (8 October 2003) on current procedures, or policies under consideration, relating to: 1. Requests from government agencies for access to academic records, personnel files, student health files, mail, email, voice mail, and records of internet searches, library borrowing and book-buying in response to the Patriot Act and other similar legislation and executive orders; 2. Limitations on research, including restrictions on materials, personnel, and dissemination of results, imposed by the Patriot Act and other similar legislation and executive orders. In its report the administration should attempt to ascertain and disclose any restrictions on the travel of University personnel or students that has resulted or will result from the Patriot Act or anticipatory compliance with the proposed CAPPS II.
Mr. Pope shared his concerns about disturbing reports of other universities who had assigned someone to work with the Federal Bureau of Investigation on patriot act related requests. Ms. Mc Nelly remarked that in current contract negotiations the OUS is considering collecting information such as driving and criminal records. Ms. Mc Nelly suggested if the information were not collected, the university would not have the information to report. Senator Virginia Cartwright, architecture, asked what records are currently being kept by the various agencies. Ms. Grier responded that information kept relates to employees' benefits, faculty records, personnel records, payroll records, and social security numbers (for withholding reporting). Employment records are kept regarding performance evaluations, promotion and tenure information, and grant records. She noted there is some concern about email, and stated that the university is not keeping email, per se, but if you are using a UO account or saving email on a server, there is a backup system that may retain your email. Further, if a law enforcement agency came and asked for them, those backed up email, if available, could be subject to being provided. Deleting items does not guarantee removal from the server.
Senator Lisa Freinkel, English, shared her concern that such information requests are ongoing issues, not simply a one time report. President McLauchlan suggested that the senate executive committee could work with the administration on this issue. Senator Christine Sundt, library, commented about a videoconference held last December regarding the USA Patriot Act as it applies to the library that could be used for reference. In further discussion, Vice President Lowell Bowditch asked if the term academic records covered course syllabi and materials that are actually taught in classes. Ms. Grier responded that a syllabus might be subject to a public records request. As a public university, she noted, many records are public information. But students' academic records are private and protected, as are faculty personnel records, which are not subject to general disclosure. Senator Fuller indicated she was in favor of the motion but would appreciate a periodic update from Ms. Grier. In response, Senator Novkov proposed amending the motion by inserting the words "an annual" before the word summary in the second paragraph of the motion. The amendment passed. The main motion, as amended, was now ready for the vote. Motion US02/03-4 Request for Annual Summary Reports of UO Policies and Procedures in Response to the USA Patriot Act passed unanimously.
OPEN FORUM, ANNOUNCEMENTS AND COMMUNICATIONS FROM THE FLOOR
Rachel Pilliod, president of the ASUO, formally thanked the senate for its leadership in dealing with complex and controversial issues in a manner that was encouraging to students. She also introduced Maddy Melton as the newly elected ASUO president.
Vice President Lorraine Davis questioned whether the Status of Women Committee was still in operation. She referred to a discussion she had earlier in the year with committee chair Caroline Forrell, who indicated that the committee had decided to dissolve. However, Committee on Committees chair Lowell Bowditch said that she had received different information regarding the future of the committee from Vice President of Student Affairs Anne Leavitt. Ms. Bowditch remarked that her committee had not received a formal written request for disbanding the committee, and suggested that when the committee convenes in the fall term, it review its committee status and make a recommendation to the Committee on Committees, which in turn will report to the senate for action to disband if that is the request.
The secretary reported the results of the recent faculty elections and noted that the newly elected senators, along with the carry-over senators, will meet for an organizational meeting on Wednesday, May 28, 2003. A new senate vice president will be elected and the Wayne Westling Award will be presented, with a reception to follow.
Lastly, President McLauchlan thanked the senators for their participation during the past year and thanked webmaster Peter Gilkey, parliamentarian Paul Simonds, and secretary Gwen Steigelman for their assistance as well.
ADJOURNMENT
With no other business or announcements to be made, Senate President McLauchlan adjourned the meeting at 5:05 p.m.
Gwen Steigelman Secretary
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