October 2, 2015

MEMBERS PRESENT: Barraco (by phone), Borisovets, Cotter, Gillett, Gould (Chair), Janniger, Oliver, Otto, Puhak, Schulberg, Swalagin (Executive Secretary), Theiss, Thompson, Wang

MEMBERS EXCUSED:  Langer, Mhaske

B. Lee (Senior V.P. for Academic Affairs), S. Rabinowitz (Faculty Representative to the Board of Governors), J. Ryan (Enterprise Risk and Institutional Compliance Officer), A. Samant (Faculty Representative to the Board of Trustees), M. Spiegel (Faculty Representative to the Board of Trustees), G. Stein (Associate Director of Information, OIT), W. Welsh (Executive Director, Office of Services for Students with Disabilities)

The regular meeting of the University Senate Executive Committee was held on Friday, October 2, 2015 at 1:10 p.m. in the Executive Board Room of Administrative Services Building-III, Cook Campus.

1. Chair’s Report 

Senate and Executive Committee Chair Ann Gould was delayed, so Senate and Executive Committee Vice Chair Peter Gillett called the meeting to order at 1:12 p.m. He asked that the agenda be amended to defer the chair's report until Gould arrived.

2.    Secretary’s Report - Ken Swalagin, Executive Secretary of the Senate
1.A. Chair’s Report (Continued) - Ann Gould, Senate Chair

Senate and Executive Committee Chair Ann Gould arrived at the meeting at 1:17 p.m. She spoke about her, and Peter Gillett's, recent attendance at the CIC Faculty Leadership Conference at the University of Illinois, at which there was discussion about constituting a separate group of shared governance leaders outside of the rubric of the CIC. She also said that a Statement of Support for the Faculty Senate of the University of Iowa had been circulated at that conference, and that it was on this meeting's agenda as New Business.

3.    Administrative Liaison

Administrative Report - Barbara Lee, Senior Vice President for Academic Affairs

Senior Vice President for Academic Affairs Barbara Lee presented an administrative report, which included comments on:
Summary of Rutgers' Interim Title IX Policy - Judith Ryan, Enterprise Risk and Institutional Compliance Officer

Enterprise Risk and Institutional Compliance Officer Judith Ryan presented a summary of Rutgers' Interim Title IX Policy, focusing on the role of responsible employees. She said that the policy is interim until approved by the Board of Governors later this month. [Note: Later in the meeting, there was discussion about inviting Ryan to present similar information to the Senate, but no action was taken on that possibility.]

[Robert Barraco joined the meeting by phone at 1:33 p.m.]

Briefing on Compliance Policies for Accessibility of Online Materials - Gayle Stein, Associate Director of Information, OIT-Office of Instructional and Research Technology; and William Welsh, Executive Director, Office of Services for Students with Disabilities

[William Welsh and Gayle Stein joined the meeting at 1:38 p.m.]

Gayle Stein and William Welsh reported on compliance policies for accessibility of online materials, which includes a three-to-five-year implementation plan, and a promise of resources to be made available to help those responsible for Rutgers online materials to comply with accessibility requirements. Responding to Stein's and Welsh's request for Senate input on these issues, the Executive Committee decided that it would meet as an ad hoc committee focusing on the compliance policies, and that the first meeting of that ad hoc committee would be at 11:00 a.m. on Friday, October 30. There was also discussion of asking Stein and Welsh to present a summary of the issues, plans, and policies at the November 13, 2015 Senate meeting in Newark. 

[Lee and Ryan left the meeting at 1:44 p.m.]

4.    Proposal for Senate-Sponsored Symposium on Shared Governance for Rutgers' 250th Anniversary - Martha Cotter

Martha Cotter spoke about her concept and ideas for a Senate-sponsored symposium on shared governance for Rutgers' 250th anniversary year. Her proposed title was "Faculty Governance at Rutgers, Past, Present and Future." It would address shared governance in general, including faculty, student, staff and other issues, and would highlight some of what the University Senate has done in shared governance. It would also be used as a forum to present relevant issues identified by Senate committees in the interim, with consideration of how the Senate, faculty councils, student governing associations, and faculty and student advisory committees work together. Another aspect of the symposium would be an examination of benchmarks in shared governance, and an exploration of "Shared Governance in the Era of the Corporate University" along with a panel discussion. Afterward, the Senate would assemble something like a strategic plan for shared governance. It was decided that the Senate symposium would take place at the October 2016 Senate meeting, and that regular Senate business would be suspended for that meeting. The Shared Governance Symposium Committee will be chaired by Cotter, and will include Peter Gillett and Justin Schulberg. Natalie Borisovets volunteered to help research other institutions.

5.    Standing Committees


Instruction, Curricula and Advising Committee (ICAC) Response to Charge S-1413 on Selection Process for Software Packages or Services of Significant Instructional Impact [Revised]Natalie Borisovets, ICAC Chair

This report had been revised since first being discussed at the September EC meeting. The ICAC was charged as follows: "Using the most recent Pearson contract as a case in point, review the process by which large contracts that have the potential to seriously affect curricular or academic areas of the University are awarded. How are final bidders selected, and by what criteria are choices made? How are specifications determined for components/needs? How do we ensure that faculty preferences and pedagogical priorities are included in the consideration of such packages?" ICAC Chair Natalie Borisovetrs summarized the revised report, noting that most of the changes were in the recommendations, which were now more proscriptive, and that a resolution had been added. Peter Gillett made some suggestions for further revisions. Borisovets will make additional changes, and the report will be docketed for action at the upcoming Senate meeting.

University Structure and Governance Committee (USGC) Response to Charge S-1403 on Process for Unit Mergers or Other Structural Changes [Revised Draft] – Jon Oliver and Robert Puhak, USGC Co-chairs

This report was discussed at the previous EC meeting, and was sent back to committee for revision. The USGC was charged as follows: "Consider whether the University Senate should establish a general procedure, timeline, template and process for merging, dissolution or making structural changes to any university unit. Consider how such a process could assist the university and units in working in a deliberate, consultative and rational way so that all issues, impacts, concerns and benefits can be properly considered on a timely basis. Make recommendations on time limits, and process." USGC Co-chairs Robert Puhak and Jon Oliver summarized the current status of the report, which was still being revised. It was decided that the USGC would first focus on responding to Charge S-1410 (see next item in these minutes). No action was taken on this report.

University Structure and Governance Committee Response to Charge S-1410 on Honorary Degree and Commencement Speaker Selection Processes [Currently previous draft. Revised draft expected.] – Jon Oliver and Robert Puhak, USGC Co-chairs

This report was also discussed at the previous EC meeting, and was sent back to committee for revision, but had also been docketed provisionally for Senate action at the October Senate meeting at that time. The USGC was charged as follows: "Formulate details of processes to be used to facilitate the proposal submitted to President Barchi on Charge S-1405 on Procedures for Selecting Commencement Speakers and Honorary Degree Recipients." It was noted that President Barchi wants this charge to be completed as soon as possible, so the USGC will work with Ann Gould to complete the report and recommendations on this matter in time for docketing for the upcoming Senate meeting.

Issues/Proposed Charges:

Proposed Charge on Deregistration of Students for Nonpayment of Term Bills - Submitted by Rudy Bell

This proposed charge was discussed. It was noted that the Senate has looked at the issue of deregistration for nonpayment of term bills, but not for online courses, which is the focus of Bell's suggested charge. Swalagin will work with Student Affairs Committee (SAC) Co-chairs Robert Barraco and Samuel Rabinowitz to develop language for a charge to be issued to the SAC with a January 2016 deadline.

6.    Agenda for October 16, 2015 Senate Meeting

The agenda for the October 16, 2015 Senate meeting was discussed. In addition to the ICAC and USGC reports docketed above, the meeting will include the RBHS report by Chancellor Strom, and a 10-minute update on Title IX by Judith Ryan, Enterprise Risk and Institutional Compliance Officer.

7.    Old Business

Resolution to Call for External Review of Athletics Program - Menahem Spiegel, Budget and Finance Committee (BFC) Chair - At the previous Executive Committee meeting, Peter Gillett had asked Menahem Spiegel how the BFC would respond to President Barchi's response to the Senate report and recommendations on Charge S-1408 on Athletics Program Deficits. Spiegel brought to this meeting a "Resolution Calling on the University Administration to Retain External Review Consultants to Conduct a Complete Review of the Athletics Program, Including Management, Finances, Personnel, and Recruiting." The Executive Committee discussed the resolution, but declined to advance it.

From Robert Boikess, as “a matter of interest for the Senate,” on flawed evaluations of faculty teaching - This matter was discussed briefly at the previous EC meeting, but was tabled until ICAC Chair Natalie Borisovets could be present. It was discussed again at this meeting, and it was decided that the Instruction, Curricula and Advising Committee, as well as the Faculty and Personnel Affairs Committee, would discuss the matter and come back with a potential charge at a subsequent Executive Committee meeting.

From James Oleske, RBHS: The items below were discussed at the September EC meeting, and acted upon as indicated in brackets. It was decided at this meeting that additional consultation was needed with Senator Oleske, and that Jane Otto and Jerome Langer would report back to the Executive Committee on this matter after speaking with Oleske.

1. I believe that the medical residents that our faculty supervise, teach and direct for three to seven year periods of residency training, should be considered graduate/post graduate students of Rutgers and after completion of their residency training programs considered Rutgers Alumni. [Jane Otto to speak with Oleske and will bring further information to the EC regarding a potential committee charge.]
2. I would ask for the continued and strong support of the RGPEC in advocating for the continued support of library services in the maintenance for repository/collections that support literature searches and access for faculty, residents and students. In particular I am concerned about any support reduction of the Smith library servicing the Newark campus of NJMS/Rutgers. [Jane Otto to speak with Oleske and will bring further information to the EC regarding a potential committee charge.]
3. There have been several negative consequences due to the separation of the university hospital in Newark NJ from Rutgers NJMS that threatens the education and clinical training goals for students, residents and faculty at Rutgers NJMS. [Jerry Langer to speak with Oleske and will bring further information to the EC regarding a potential committee charge.]

Follow-Up on Law Schools Merger - Submitted by Brandon Theiss, as follows: "Dr. Barchi in his address to the Senate on several occasions stated that the combined law schools will generate administrative cost savings. However, both Camden Law Campus acting Dean Oberdiek and Newark Law Campus  Dean Chen, when questioned were unaware of the administrative cost savings the President was referring to and did not know where such savings could be realized. In fact, Acting Dean Oberdiek suggested that there was an increase in administrative costs associated with the merger. Further, both Deans emphasized there was not a planned reduction in faculty or staff as a result of the merger. In addition, the cost of operating the physical buildings will increase over time and in fact the immersive classroom (aka the "holodeck")  will not be paid off for several years. If the campus Deans are unaware of the sources of the savings and are not labor and  facilities, where will the savings come from and how will we know if the savings actually occurs?" The matter was discussed briefly, but no action was taken, other than Ann Gould's indicating that status reports on Senate-approved mergers need to be scheduled.

8.    New Business

Statement of Support for the Faculty Senate of the University of Iowa - A statement calling for endorsement by representatives of faculty governance systems across the CIC of the University of Iowa Faculty Senate's statement of no confidence in their Board of Regents. The statement was discussed, but no Executive Committee member was in favor of endorsing the statement.

Proposal for Senate Co-Sponsorship of Symposium on Academic Freedom in November - Submitted by David Hughes, President of Rutgers AAUP-AFT - The EC members were e-polled for input on this matter at the previous meeting, with mixed responses being returned. Discussion continued at this meeting, at which it was decided that the Senate would continue to make statements promoting academic freedom, but would not co-sponsor this symposium.

[Peter Gillett left the meeting at 4:23 p.m. Mary Mickelsen left the meeting at 4:28 p.m.]

Proposal on "Senate Transparency" - Submitted by Justin Schulberg, New Brunswick Student Executive Committee Member - This matter was discussed briefly, then tabled until the next Executive Committee meeting.

Resolution of Support of PTL Negotiations - Karen Thompson handed out a previously undistributed resolution in support of PTL contract negotiations. The item was tabled until the next meeting, but will be circulated to the Executive Committee members by email prior to that meeting.

9.    Adjournment

The meeting adjourned at 4:42 p.m.

Minutes written and submitted by,

Ken Swalagin
Executive Secretary of the University Senate