Committee and Campus Reports
December 6-7, 2007, Faculty Advisory Council Meeting
I. Committee Reports
The governance committee proposed the following items:
1. Language to propose for faculty regent law.
Sec. 51.35X. NONVOTING FACULTY REGENT; UNIVERSITY SYSTEM BOARD OF REGENTS.
(a) In this section, "faculty governance body" means the apex representative faculty organization charged with formulating academic policy for their institution, usually called the “Academic Senate or “Faculty Senate.”
(b) The chancellor of each university system shall develop a uniform application form to be used by each general academic teaching institution and medical and dental unit in the university system to solicit applicants for the position of faculty regent.
(c) Except as provided by Subsection (f), not later than November 1 of each year, the faculty governance body of each general academic teaching institution and medical and dental unit in a university system shall solicit applicants for appointment to the position of faculty regent. Not later than January 1, from among the applications received in each institution, the faculty governance body shall select up to three applicants as the faculty recommendations for the position of faculty regent and send the applications of those applicants to the chancellor of the university system. From among those applicants, the chancellor shall select two or more applicants as the university system's recommendations for the position of faculty regent and shall send the applications of those applicants to the governor not later than February 1. The governor may request to review all applications for the position of faculty regent received by the faculty governance bodies. On June 1, or as soon thereafter as practicable, the governor shall appoint one of the applicants to serve as the faculty regent for the system for a one-year term expiring on the next May 31. The governor is not required to appoint an applicant recommended by the chancellor, but cannot appoint someone who was not an applicant recommended by their faculty governance body.
(d) A faculty regent must be a full time member of the faculty of their institution, with tenure, but may not hold an administrative appointment as Dean or above.
(e) A faculty regent is not a member of the board of regents of the system for which the faculty regent is appointed. A faculty regent has the same powers and duties as the members of the board of regents of the system, including the right to attend and participate in meetings of the board of regents, except that the faculty regent:
(1) may not vote on any matter before the board or make or second any motion before the board; and
(2) is not counted in determining whether a quorum exists for a meeting of the board or in determining the outcome of any vote of the board.
(f) The faculty governance body of the general academic teaching institution or medical and dental unit in which a current faculty regent is employed at the time of the faculty regent's appointment may not solicit applicants for the position of faculty regent for the next regular term of the position.
(g) Systems in which there are separate academic units and medical and dental units may devise schemes for rotating the faculty regent applications between academic and health campuses in alternating years.
(h) A vacancy in the position of faculty regent for a university system shall be filled for the unexpired term by appointment by the governor in consultation with the chancellor of the system.
(i) A faculty regent serves without compensation but is
entitled to be reimbursed for the actual expenses incurred by the
faculty regent in attending the meetings of the board of regents,
subject to the approval of the chairman of the board of regents.
2. Project to express concern to U S House and Senate regarding the increasing burden over over-extended regulation on American university campuses.
The following is a text to be transmitted to faculty bodies of university systems comparable to the UT System Faculty Advisory Council, to help us raise this concern with the House and Senate committees concerned with higher education policy.
Federal Regulatory Overreaching in Higher Education
Murray J Leaf, Speaker of the Faculty, U T Dallas
All who teach in America’s colleges and universities, and perhaps especially those in our research universities, are aware of the increasing burden of regulation and accounting requirements governing almost all aspects of what we do: financial aid, handling of students with disabilities, clearances for research from Institutional Review Boards, student records, student discipline, how examination scores are posted, and even how syllabi are written—to mention only some. The cost is substantial. Without question it cuts into the funds actually available for instruction and research, and it is almost certainly not offset by anything that might be regarded as increased quality.
This regulatory burden has a single underlying cause. It is the two-pronged mechanism that the Congress has adopted to enforce a number of acts affecting higher education. These include the Higher Education Act, the Civil Rights Act, the Americans with Disabilities Act, the Family Educational Rights to Privacy Act, the Health Insurance Portability and Accountability Act, the National Research Act, the Animal Welfare Act, and others. The first prong is that the acts assign exclusively to one or another administrative agency the responsibility to write rules to implement the act. The second prong is that they assign to the same agency the power to enforce those rules, and this power usually includes the power to cut off all federal funds to the offending institution—not just those funds coming to the institution under the act or under one or another program under the act. The result has been that the agencies have consistently drawn over-broad and intrusive regulations, which campus administrations have often reacted to with even more overly broad and intrusive regulations of their own. Given a choice that seems to be between doing some one thing that might be of limited consequence in a way that appears to be more responsible and cutting off all federal funding, locally responsible choices have consistently lost out and the accumulated effects have been substantial.
The following actions are recommended:
1. Publicize this information on your campuses: encourage faculty to check what has been said here for themselves.
2. Consider a Faculty Senate Resolution urging that the Senate and House committees on higher education keep in mind the problem of campus regulation that interferes with campus efficiency, effectiveness, and responsibility. As the concerned bills come up for renewal, they should require that the powers of such agencies be restricted in the following four ways:
First, where the penalties are associated with the administration of federal programs, penalties for violation of the provisions of the act be restricted to the withdrawal or withholding of benefits that universities obtain under those programs.
Second, where the acts are matters of general national policy rather the administration of federal programs, as for the Civil Rights Act and the ADA, the regulations should be drawn in such a way that penalties assessed for a non-complying campus would be comparable to those assessed by a federal court for non-compliance to a non-educational of entity under similar circumstances—such as to a non-complying business or governmental agency.
Third, that the acts provide for appealing administrative decisions to Federal District Courts on common-law grounds of fairness and equity.
Fourth, that grounds for appeal should include the claim that the penalty is disproportionate to the damage or harm.
That hearing processes for developing regulations should be required to obtain testimony from representatives of faculty governance bodies on individual campuses of representative institutions and from representatives of professional and scientific bodies that faculty belong to, such as the American Association of University Professors, the National Education Association, and scientific and scholarly associations in fields that the regulations are likely to affect.
3. Faculty should be encouraged to write individually to describe this problem as they see it and express their concerns the Chairs of the Senate Health Education, Labor, and Pensions Committee (Senator Edward Kennedy) and the House Education and Labor Committee (Representative George Miller).
4. Faculty should express these concerns to their professional and scholarly associations.
5. Faculty should seek the cooperation of university and governmental affairs officers.
6. This cannot be a one-time only campaign; we must get involved and stay involved.
3. Proposed wording for policy on recordings of courses.
When the course or any part thereof of a faculty member has been recorded by the university in which they are employed, that recording is the property of the instructor and may only be used with permission of the instructor unless the instructor and the university have made a specific contractual agreement under which possession has been transferred to the university.
Students or others may not record courses or any part thereof without permission of the instructor.
Recordings made as accommodations for students under the Americans With Disabilities Act may not be reproduced or used for other than instructional purposes by the student for whom the recording was made.
Agreed to send to Chair Pate for circulation and legal review.
II. Campus Reports
UTEP Report to UT System Faculty Advisory Committee
December 5-6, 2007
M. L. Ellzey, Jr., Ph.D.
Report to FAC
Heraclitus (540 BC - 480 BC)
And we are definitely changing!
Searches are underway for several major leadership positions on campus including Provost and Vice President for Academic Affairs, Vice President for Student Affairs, Dean for the College of Arts and Sciences, and Director of the Writing Center. There are also nine advertised faculty openings at this time.
Several major construction projects are being completed with others in process. The new Ratliff Engineering building will be fully occupied by spring semester. The major addition to the University Center is due for completion by summer 2008, allowing for remodeling of the current Center. The new nursing addition is due for remodel and move-in by fall 2008. Faculty from Education and Psychology are also being relocated as various offices are vacated.
A new software database (People Soft) is being instituted and will be operational fall 2008.
The Texas Higher Education Coordinating Board approved the first PhD program for UT Tyler on October 25, 2007. The PhD in Nursing will be offered online.
The Senate has initiated a review and revision of the Emeritus guidelines. Plans are in process for a joint project with the Student Government Association to heighten global awareness across campus.
The University of Texas at Austin Campus Report
UT System Faculty Advisory Committee on December 6-7, 2007
Prepared by Doug Burger, 07-08 Faculty Council Chair
Major campus activities:
UT FAC Campus Report
MD Anderson Cancer Center
We have been fighting the new research cost sharing policy put in place 18 months ago. After many discussions over that time, we believe that the policy will be rescinded in the near future.
Campus Report – December 2007
University of Texas Health Science Center at San Antonio
Promotion and tenure workshops.
Workshops designed to offer guidance and mentorship for faculty considering promotion are to take place next month. These events are being organized through the office of the Vice President for Academic Administration, and are supported by a coalition of campus organizations that help to promote faculty development, including the Committee for the Advancement of Women and Minorities, Faculty Promotions, Tenure and Appointments Committee, Faculty Senate, and the Women’s Faculty Association. Three workshops are to be held: One focused on the concerns of non-tenure-track faculty; the second focused on the concerns of tenure-track faculty; and the third designed to engage chairs of the departmental promotion and tenure committees in discussions that may foster more uniform and effective mentoring practices across campus.
Dean search for the School of Nursing
The search for a dean for the School of Nursing is ongoing. Visits have begun with candidates narrowed down to a few.
Dean search for the Graduate School of Biomedical Sciences begins
The Dean of the Graduate School has indicated his intention to retire as of August 1, 2007. Therefore, a search for his replacement is to begin soon. President Cigarroa is currently meeting with faculty from throughout the Graduate School seeking input with regard to search criteria and the composition of the search committee.
Chief Operating Officer online – Michael Black
On October 1, 2007, Michael Black, MBA, began as Chief Operating Officer. His primary charge is to aid the President with regard to the fiscal challenges of the University, such as the increasing complexities associated with our multiple distant campuses, a complex research facility coming online soon, as well as multiple partnerships with research centers in San Antonio. He has spent much of his time so far meeting with campus leaders, including members of the Faculty Senate. He will speak to the full senate at our next meeting.
Faculty Compensation Committee
A faculty committee continues to work on developing a proposal for an XYZ-type compensation plan. The committee has now met 7 times, and the intense discussion/debate by faculty members on the committee has reinforced the idea that developing a unifying plan that takes into account the great complexities of the health campuses will not be easy.
Revised mission statement.
It was surmised that our current university mission statement was too complex and the language too wordy. Therefore, a new simpler statement has been adopted:
The mission of The University of Texas Health Science Center at San Antonio is to:
Report on Clinician/Industry Interactions
A committee comprised faculty and administrators representing all four of the Health Science Centers’ professional schools, including clinical practice components and student and graduate training programs, chaired by the Assistant Vice President for Clinical Research, held a series of 8 meetings. In addition, several members of the committee convened focus groups with their particular constituencies and reported back to the full committee. The theme of conclusions reached by this committee and of the guidelines proposed to our institutional Executive Committee is that the UTHSCSA is obligated to ensure to the fullest extent possible that the integrity of clinical decision making must not be compromised by financial or other personal relationships with industry. The guidelines will meet this goal by setting standards for the interactions between Health Science Center clinicians and industry, primarily the pharmaceutical and clinical device industry.
Standing Committee System
The Faculty Senate invited the chair of the institutional Committee on Committees to present a “State of the Standing Committee System” address. Although these dozen or so faculty committees are, in general, healthy and working effectively to represent the needs of the faculty, certain issues concerned with redundant committee charges, as well as “missed” opportunities for enhanced representation were discussed.
Discussions continue concerned with the development of a Campus Disaster Readiness plan that offers guidelines for the prevention of campus emergencies, and plans, if an emergency occurs. The goal is to provide mechanisms by which faculty, staff, and students can be notified in the event of an emergency. HSC-Alert has now come online and allows direct notification of all UTHSCSA employees that an emergency situation has arisen. This single-step process activates messages in electronic devices via email, text messaging etc.
Campus Report for UT Health Science Center at Tyler
UT Sys FAC Meeting December 6-7, 2007
Pierre Neuenschwander, PhD, Chair, Research Faculty Assembly
Bola Olusola, MD, Chair, Clinical Faculty Assembly
James Galizia, MD, Secretary Elect and Alternate, Clinical Faculty Assembly
Prepared by Dr. Neuenschwander, edited by Dr. Galizia
Report UTHSC HOUSTON 12/07
1) Presidential Search Committee has been nominated and selected. Meetings have begun with the search organization to query ideal candidate qualifications.
2) Dr. Giuseppe Colasurdo started as Dean of the Medical in September.
3) The IFC continued to work on the Conflict of Interest document, however due to time constraints this was voted on at executive counsel with comments to be forwarded by IFC.
4) Research Replacement Facility had ribbon cutting ceremony Dec. 14 th.
5) The Administrative Affirs sent a survey tool for distribution assisting with questioning the faculty about satisfaction. This was due back December 3 rd and we are awaiting results.