Potential Duck coach saw Sandusky in the shower with kid, didn’t report?

Greg Schiano, a former Penn State assistant now at Ohio State, is a prospect for a Duck football coaching job, according to the RG’s Austin Meek:

“The way I can describe Rutgers and (working under) Greg Schiano is ‘I came to Rutgers as a boy and left a man,’” Fleck told NJ.com. “I went there as an assistant coach; I left ready to be a head coach.”

I have no idea if Oregon could convince Schiano to leave Ohio State and be Fleck’s second-in-command, but the concept — a young, energetic recruiter as a head coach, paired with an old-school football guy as his defensive coordinator — seems like a model that could work.

Last year USA Today’s football blog had this story on Schiano:

Greg Schiano — former Rutgers and Tampa Bay Buccaneers head coach and current Ohio State defensive coordinator — witnessed Jerry Sandusky “doing something to a boy in a shower,” according to testimony that came out in the unsealed Penn State documents released today. Schiano was a Penn State assistant from 1990-1995.

That testimony came from the deposition of Mike McQueary, who witnessed a similar act with Sandusky and a boy in the shower in 2001, and went to Joe Paterno. After McQueary laid out in detail what he witnessed with Sandusky and how he had talked to Paterno, an attorney asked him if he talked about it with any other coaches. …

Schiano ignored the first story, then emailed the reporter a denial after the testimony came out. The Washington Post has more here:

Former Penn State assistant coaches Greg Schiano and Tom Bradley knew that Jerry Sandusky, their colleague on Joe Paterno’s football staff, was acting improperly with young boys years before law-enforcement authorities were first notified, according to testimony from former Penn State assistant Mike McQueary that was unsealed Tuesday by a Philadelphia court. …

Oregon State’s Jock Mills posts an informative budget report

This is considerably more useful than the brief report sent out by UO’s Hans Bernard today, and which I’ve posted in the UO BOT live blog below. You can get still more info on OSU’s excellent government affairs blog. In comparison UO’s website is here – brief and out of date.

From: “Mills, Jock” <Jock.Mills@oregonstate.edu>

Date: Dec 2, 2016 4:39 PM

Subject: [Government_Relations_Update] Governor Brown releases her recommended budget for the 2017-19 biennium

To: “government_relations_update@lists.oregonstate.edu” <government_relations_update@lists.oregonstate.edu>

Governor Brown releases her recommended budget for the 2017-19 biennium

Governor Brown issued her recommended budget (GRB) for the 2017-19 biennium yesterday.  Facing a projected state budget shortfall of at least $1.4 billion compounded by rising personnel and health care costs, the GRB includes many difficult decisions.  This update provides a summary of the major elements affecting higher education in Oregon.  To review the entire budget document:  http://www.oregon.gov/das/Financial/Documents/2017-19_gb.pdf

In short, despite increasing costs driven by state-mandated employee health and retirement benefit programs, the GRB provides no programmatic increases for the state’s seven universities.  The university presidents, who had sought at least a $100 million increase in order to meet current service levels while keeping tuition increases at a manageable level, issued the following statement:

“Oregon’s public universities commend Governor Brown for prioritizing students and higher education in her recommended budget. Ensuring a college degree is accessible to every Oregonian without taking on a lifetime of debt is how our state will remain vibrant and competitive. With limited resources, Governor Brown took great strides to protect students. The investments outlined in her budget will mean Oregon does not balance its books at the expense of those who are most vulnerable.

“As the Legislature weighs difficult budget choices, we urge lawmakers to increase operating funds beyond the Governor’s budget. By doing so, every campus can keep tuition at a manageable level for the next two years and maintain vital support services that keep students on track to graduate. If we want to enable more Oregonians to earn college degrees at an affordable level of tuition, additional resources will be needed. 

“Public universities are educating the workforce and leaders of tomorrow, and we act as incubators of ideas and solutions that can change the world. Oregon must protect students by recognizing that higher education is a fundamental necessity for a robust economy and a living wage. We stand as partners with the state, ready to work with the Legislature and the Governor to address the challenges that lie ahead.”

In comparison, K-12 State School Fund received a 9% increase in funding, for a total of $8 billion.  This figure is approximately $500 million below what the Oregon School Boards Association says local schools need to maintain current service levels. 

The Public University Support Fund (PUSF)

The PUSF is funded at the 2015 Legislatively Approved Budget (LAB) level of $667.3 million.  Flat funding when costs are increasing means that universities will need to turn to tuition increases, personnel reductions, service cuts, and other actions to balance their budgets. The GRB was a significant improvement over Department of Administrative Services (DAS) internally driven proposals that would have restricted university access to general funds to support retirement and health insurance cost increases.  The Governor sought to shield public universities and students from taking a disproportionate cut, but since nearly 70% of the academic personal costs are born by tuition revenues, 70% of those cost increases will be covered by tuition increases. 

The university presidents had sought to insulate students from these cost increases with their request for at least a $100 million general fund increase, which would have driven the PUSF to $765 million.  Now it falls to the legislature to determine whether or how this gap can be filled.  Legislators initially convene in January for organizational purposes, and then go into full business mode the first week of February.

OSU Statewide Public Service Programs – Agricultural Experiment Station, Extension Service, and Forest Research Laboratory

The GRB proposes no increases for the OSU Statewide Public Service Programs – the Extension Service, Agricultural Experiment Station, and Forest Research Laboratory, known as the “OSU Statewides.”  This spring, the OSU Board of Trustees sought a $9.4 million continued service level increase for these programs – simply the amount of funding that would be needed to provide the same level of service next biennium as what was provided during the current biennium.

Last session, after a year of activism by a broad coalition of advocates, the legislature approved a $14 million increase for these programs.  The resulting $118 million funding level enabled OSU to hire some 40 new research and extension positions across the state to address significant challenges facing Oregon family farmers, low income families, and Oregon’s natural resources enterprises.  This was a monumental step reversing a 15-year decline when these vital programs were forced to eliminate positions that served a diversity of Oregonians in all 36 counties. 

The GRB will have the effect of eliminating nearly 70 percent of the programmatic increases the legislature approved last session.  Because the vast majority of these funds are used to cover personnel costs, the primary tool the Statewides have to manage their costs during budget reductions is through the elimination of positions. 

While academic programs at OSU rely on state general funds, they also are able to turn to tuition when the legislature cuts their funding.  The Statewides do not have access to tuition revenues and so feel the full impact of state funding reductions.  However, because many of the Statewides’ positions are “shared appointments” which have both teaching and research responsibilities, there will also be impacts on the university’s education enterprise.  The elimination of research positions also inhibits OSU’s ability to compete for federal funding.  OSU estimates that every state dollar invested in the OSU Statewides leverages nearly $10 in economic benefits to the state.  The Governor’s budget puts these economic returns at significant risk.

It is too early to identify the precise number and location of the positions that could be eliminated as a result of flat-funding the Statewides.  The first step available to program managers is to leave position vacancies un-filled when they occur.  Managing through attrition is not a strategic approach to addressing Oregon’s challenges in the coming biennium, but it is the only practicable alternative currently open to the Statewides.

In order to maintain the same level of service for the Statewides the legislature will need to find $9.4 million in general fund resources.  OSU is committed to work with legislators and the broad coalition of stakeholders who have supported these programs in the past to find practicable solutions for addressing the funding challenges facing the Statewides in the 2017-19 biennium.

Outdoor School:  Due to the passage of Measure 99, which established and funded “Outdoor School” with $44 million in Lottery Funds, the GRB also includes a $44 million increase to the OSU Extension Service which, under the measure, is responsible for administering the funds and developing the curriculum for the program.  OSU has estimated that about $1.6 million of these funds will be needed to meet Extension’s responsibilities under this program.  Despite the ballot measure provisions, the legislature will ultimately make the final funding decisions, both for the amount of lottery funding that will be provided to local school districts and to Extension to administer the program. 

Other Highlights in the GRB 

Sports Lottery (Title IX Scholarships):  The Governor eliminated all funding for this program which under state statutes is supposed to provide 1% (approximately $12.5 million in 2017-19) of the economic development fund from the state lottery fund for scholarships for athletes and graduate students. Most of the scholarships are used to meet Title IX requirements for women athletes.  In previous legislative sessions (including 2015) legislators have capped the funding for this program at $8.2 million.  Previous Governors have also recommended eliminating funding for this program, but have faced legislative opposition.  The seven public universities will mount another campaign in 2017 to recover these funds.  During the current biennium, OSU received $1 million.

Public University State Programs/ETIC:  The GRB essentially provides flat funding for multiple state programs administered by the universities.  Funding for programs that are administered or located at OSU include:

·         OSU Marine Research Vessel Program:  $638,929

·         OSU Fermentation Program:  $1.3 million

·         OSU/UO Center for Advanced Wood Products:  $3.5 million

·         OSU Natural Resources Institute:  $411,420

·         OSU Climate Change Research Institute:  $322,492

·         ETIC Sustainable Funding:  $25.2 million (distributed by a formula to all seven universities; about $14 million to OSU in 2015-17)

·         Signature Research:  $1.1 million (distributed among OSU, PSU, and UO; about $500,000 to OSU in 2015-17. 

Oregon Talent Council/Oregon Inc./Signature Research Centers:  The GRB indicates the Oregon Talent Council is “winding down” and the work on the Talent Development Plan will be continued by one of the former OTC partners.  It is funded at $200K for one limited duration position in 2017-19.  There is not sufficient detail in the GRB to provide information regarding the other programs. 

Student Financial Aid: The Governor increased funding for the Oregon Opportunity Grant by approximately 8% from last biennium, bringing the total funding amount to $151 million.

Community Colleges/Oregon Promise:  The Community College Support Fund was also held at 2015-17 LAB levels at $550 million.  The GRB includes $39.7 million for the Oregon Promise “Free Community College” program, an increase of over $29 million to expand the program to cover two new cohorts of students over the next biennium.

OHSU:  Funding for OHSU is at the 2015-17 LAB levels, consistent with universities and community colleges. 

Higher Education Coordinating Commission (HECC) Agency Budget

The GRB reduced HECC’s General Fund Budget by 3% from the 2015-17 LAB.  The total funds budget for the agency was reduced by 11%.  The GRB included the following HECC Policy Option Packages (“POPs):

·         Replacement of the Financial Aid Management Information Systems

·         Addition of internal audit and human resources positions

·         Funding for issuance of community college and university bonds

The GRB also included targeted reductions in the HECC budget, including:

·         An 11% reduction in positions through the elimination of limited duration position authority

·         Reductions in personnel services and supplies

·         Reductions in GED, ASPIRE, and match against federal Perkins Loans

·         Reclassification of 3 positions 

Business Oregon

The Governor’s Budget removes the Small Energy Loan Program (SELP) from the Department of Energy and places it in Business Oregon and includes $2.7M for administration and to initiate a recapitalization of the program.  Specific information regarding the Signature Research Centers is not enumerated in the budget and will be provided at a later date.

University Capital Funding

The HECC Agency Request Budget prioritized the original “Tier One” projects recommended by the seven university presidents earlier this year. At the request of the Governor, the HECC also prioritized additional OSU-Cascades projects that had not been included in the Tier One.  In November, UO sought additional state capital as a partial match for its Knight Campus project.  At that time, the HECC raised the rankings of two Cascades projects – the Site Reclamation for $9 million and Infrastructure for $11 million and inserted the Knight Campus project for $100 million at #13.  This resulted in the projects originally ranked at #11 or below all moving down three steps, including the OSU Fairbanks project moving from #13 to #17 (out of a total of 20 projects).

The GRB recommends $269.6 million in capital support.

New Funded Projects:

·         ALL – Capital Improvement and Renewal $45.7 million

·         PSU – Grad Education Building $40.5 million

·         OSU – Gilkey Hall Renovation $3 million

·         EOU – Information Technology Equipment Facility $1.2 million

·         OSU – Cordley Hall Renovation Phase I $15 million

·         OT – Cornett Hall Renovation $38 million

·         UO – Classroom Building $44 million

·         SOU – Central Hall Deferred Maintenance $6 million

·         WOU – Oregon Military Building Renovation $7.7 million

·         OSU-Cascades – Site Reclamation $9 million

·         OSU-Cascades – Infrastructure $11 million

·         UO – Knight Campus $34 million

·         EOU – Loso Hall Renovation, Phase I $5.5 million


·         OSU – Fairbanks $11 million

·         OSU-Cascades – Academic Building $39 million

·         OSU-Cascades – Student Success Center $10,000

·         OSU-Cascades – Graduate and Research Center $490,000

·         EOU – Fieldhouse $6 million

·         WOU – IT Building $5.5 million 


·         PSU – Graduate School of Education project reduction of $4.5 million

·         OIT – Cornett Hall project reduction of $2 million

·         All – $20 million reduction to $45 million for seven campuses for capital renewal and maintenance.  (2015-17 funding was at the $65 million level).

No ranking changes except what resulted from project eliminations:  The GRB included capital funding of $75.2 million for eleven projects as well as $15 million in lottery bonds for competitive grants for public safety improvements at Oregon’s public universities and community colleges.

Read this and other updates on our blog.

Should you have any questions, please don’t hesitate to contact me.

Jock Mills
Director, Government Relations
Oregon State University

Day 2: Liveish-blog, Board of Trustees Th & Fr in Portland

Meeting of the Board — 1:45PM December 1-2, 2016 [Materials]

The 2015-16 audited financial statements are finally posted here, with past statements here. Spending on Instruction is up 9% over 3 years, spending on research is down, spending on Institutional Support (i.e. administration) is up 17%.


Despite previous requests from the board, UO is still not breaking out Athletics in these operating cost reports.

UO is still stuck with a pile of debt from Knight Arena and the baseball stadium, but is gradually paying that off (unfortunately the bonds were sold without a provision for refinancing) and will be able to borrow for replacing dorms, etc.:


FRIDAY, DECEMBER 2 – 9:00 am (other times approximate) – Reconvene Public Meeting

4. UO Portland Vision Statement: Jane Gordon, Vice Provost for UO Portland (Moved from Th)

Sorry, missed most of this.

6. Seconded Motions and Resolutions (Pending December 1 committee action) (Action)
–Recommendation from EAC: Selection of Board officers

Passes on a voice vote with no discussion.

–Seconded Motion from FFC: Authorizing Acquisition of Property Rights

Maybe I missed this.

–Seconded Motion from FFC: Authorization for Use of Certain Derivatives

Agreement to settle UO’s $42M lawsuit against the construction companies over shoddy construction of the Global Scholars Hall. UO gets $6M in work to fix the buildings over 3 years, so it will be ready for the IAAF, plus $1M to pay for UO’s external lawyers. I thought there was some cash involved too, but maybe I’m wrong.

Passes on a voice vote.

7. Long-Range Facilities and Physical Infrastructure Planning: Michael Harwood, Associate Vice President for Campus Planning and Facilities Management

No discussion of Ron Lovinger’s idea about moving Franklin Blvd back along the railroad tracks to allow for joining the Knight Campus to the regular campus. New Black Cultural Center to be constructed near Hayward Field. Many other new construction and renovation projects. Unfortunately there don’t seem to be any plans to tear down PLC or Collier house.

8. Budget Overview and Key Cost Drivers: Jamie Moffitt, Vice President and CFO


Of course not. Wouldn’t want the Trustees to have this in advance – they might ask informed questions.

The board’s public talking point on enrollment is that it’s leveled off in a planned effort to avoid overcrowding, not declining as Diane Dietz has reported. Actually they’re both sort of right – freshman enrollment is steady (below, by residency) but past large classes are finally graduating. Lots more on the IR website at ir.uoregon.edu


Moffitt & Schill explain that out-of state tuition is at market, but there’s still room to increase in-state tuition. UO has increased spending on tuition discounts, much of it for in-state tuition, and the Governor’s budget also projects more state funding for financial aid for low income students. So my take is that increases in the posted tuition price will *not* mean increases of the same magnitude for our low SES students.

Moffitt talks about how the administration gives itself raises according to the same scale that the faculty union negotiates. Why? She also says that the union contract includes promotional raises that the administrators don’t get, but she’s obfuscating: OA’s get promotions and new job titles, and raises to go along with them. How big? I don’t know, but administrative spending us up 23% over 3 years.

Schill notes that UO is essentially subsidizing the state’s other employees by participating in PEBB, because our employees are healthier. (I think this is $5-10M a year – OUS’s Jay Kenton had a good presentation about it a few years ago.)

Schill asks abut Title IX costs. $1M a year? Moffitt explains that it’s hard to calculate, but yes costs and hiring have gone up. Not to mention how much money we’re paying to cover for Penny Daugherty’s AAEO office mistakes. Lillis asks Moffitt to prepare a summary of these costs.

Bottom line is that Moffitt is predicting a 5% increase in UO’s “Education and General” costs for 2017-18, on a base of about $500M.

Moffitt and Schill tell the board that UO’s administrative staffing is below our AAU peers. Of course so is our faculty staffing.

Obviously there are many places UO can cut administrative spending and also some places where we need to spend more – despite the 23% increase over the past 3 years. The board has not been give anywhere near enough information to have an informed discussion on this.

Schill notes that the Knight Campus will allow UO to recruit more top Oregon students to do science.

9. State Government Affairs: Hans Bernard, Assistant Vice President for State Affairs; Libby Batlan, Senior Director for State Affairs

Hans Bernard has sent this helpful report on UO’s Legislative Agenda and the Governor’s budget, here, starting with the usual PR bragging:


Here’s the beef:


UO got $44M of $55M request for a new classroom and office building. UO will pay $30M in gifts and our own bonds. The missing $11M would have gone to fund renovation of the offices of the administrators and faculty who move into the new building. (This building is in addition to the Tykeson building, for which we got $17M last round.)

Governor agreed to fund the $100M asked for the Knight Campus over 3 biennia. UO is going to try and accelerate that.

Peter Bragdon says he’s willing to join Will Paustian in a protest in Salem over the state’s refusal to fund higher ed. (Anyone know what the Time Place and Manner free speech restrictions are for the capitol’s lobby?)

10. Knight Campus for Accelerating Scientific Impact: Patrick Phillips, Acting Executive Director

Patrick Phillips does a great job explaining why the campus is excited about this – more research, more good students – and why it will be good for the state.

Schill gives the Senate a shout-out for its enthusiasm and support for helping implement this project.

Willcox asks if the Campus Planning Committee will be involved. Moffitt: Sort of. They’ve been briefed, and are supportive.

Ginevra Ralph notes that UO should collaborate more with local businesses to help solve the spousal hire issues that UO currently faces, and which will need to be better addressed in order to hire all these new faculty.

12:17PM: Meeting adjourns, then subcommittee reconvenes to approve the GIS programs left over from yesterday. 

General Counsel will investigate Pintens’s restrictions on athletes’ free speech

Max Thornberry has the news here:

“The matter is not one within the purview of the Senate, but President Schill always welcomes the advice and helpful assistance of the Senate Chair and Vice Chair,” Tobin Klinger, university communications officer said in an email to the Emerald. “He has asked the General Counsel of the university to look into the matter and inform him about what happened and whether what happened was consistent with university policies and procedures.”

Always happy to help, but “not one within the purview of the Senate?” Really? We take umbrage, Lord Tobin.

Day 1: Liveish-blog, Board of Trustees Th & Fr in Portland

Breaking news: Governor to cut real Higher Ed operating budget, won’t give HECC their requested extra $100M, will fund construction, will blow $35M on “free” community college. In the Oregonian:

Gov. Kate Brown is proposing a roughly equal combination of new revenues and program cuts to close a looming $1.7 billion shortfall in the state’s budget. … In the wake of the November defeat of Measure 97, which would have raised $3 billion a year, Brown is asking legislators to approve $897 million in new revenue to help balance the 2017-19 budget. …

Oregon Opportunity Grants, aimed at helping the state’s neediest post-secondary students, are expanded in Brown’s budget, with an aim of providing financial assistance to an additional 5,000 students.

She has also chosen to preserve the Oregon Promise program, which lets high school students with high enough grades attend one of the state’s nine community colleges for as little as $50 per semester.

Funding for community colleges and higher education, meanwhile, would contain no built-in cost for maintaining current service levels.

“These cuts are a level that I find absolutely unacceptable,” Brown said. “State needs are growing, but state resources are not keeping pace with the needs.”

On the other hand, the governor has proposed spending $350 million to help with facilities projects at the state’s colleges and universities. That effort includes $15 million in bonding money for campus security upgrades in the wake of the October 2015 shootings at Roseburg’s Umpqua Community College.

And I just got this helpful email from Hans Bernard:

Operating Funding:
· The Governor recommends flat funding for universities. The Public University Support Fund (PUSF) is funded at the Legislative Approved Budget (LAB) 2015 level of $667.3 million). Because of the current service level calculations and the technical details on how funds are split over the biennium (49% in the first year, 51% in the second). this does represent a modest cut to UO.

While we will need to manage a slight cut in state support and account for significant cost increases amounting to nearly $25 million in the coming year – the Governor went to great lengths to shield public universities and students from taking a disproportionate cut.

Student Financial Aid:
· The Governor increased funding for the Oregon Opportunity Grant by approximately 8% from last biennium, bringing the total funding amount to $151 million.

Oregon Promise:
· The Governor’s Budget recommends funding the Oregon Promise “Free Community College” program at $39.7 million.

Capital Funding
The proposed budget includes approximately $275 million in funding for university Capital construction projects. The largest slices of the pie are given to UO ($77 million), OSU ($47 million), PSU ($40 million) and OIT ($38 million). The budget also recommends funding for $75 million in community college projects.

UO’s Projects:
Classroom and Faculty Office Building: The Governor’s budget provides $44 million for UO’s Classroom and Faculty Office Building. The project UO submitted to the HECC included funding to renovate faculty offices once the new building was constructed. The Governor’s budget does not provide funding for those portions of the project ($11 million).

Knight Campus for Accelerating Scientific Impact: The Governor’s budget supports full funding for the Knight Campus, with the investment made over the course of three biennia. An initial investment of $33 million is included in the 2017-19 budget.

Again, I will provide you a more thorough update in the coming days. Please don’t hesitate to contact me with any questions you may have.

Live webcast on BOT meeting here. Some live-blogging below.

The official BOT website buries the agenda, so here’s an easier version. Haven’t had time to look into the materials much, but I did notice Chuck Lillis and Ginevra Ralph have no competition for their elected Chair and Vice Chair positions. (Last year Lillis presided over the meeting that extended his own term from 2 years to 3.) I note that the UO Senate generaly is able to field competitive slates for these kinds of jobs.

And where are the internal audit reports?

Executive and Audit Committee — 8:30AM December 1, 2016 [Materials]

1. IT Strategic Planning Update: Scott Coltrane, Sr. Vice President and Provost

Sorry, there’s not enough coffee in Portland to get me up early enough to sit through Scott’s powerpoint again. Rumor down at Cafe Roma is that about 15 IT people have left so far or are leaving. There are 12 open IT jobs, including the director position, posted on the HR website. Moral is low.

2. Audited FY16 Financial Statements: Scott Simpson, Partner, Moss-Adams LLP; Jamie Moffitt, Vice President and CFO; Kelly Wolf, Controller

Not in the packet. How can the board do due diligence with this?


Angela passed out packets at the meeting, but there weren’t emugh for the 5 visitors. Presumably it’ll be online soon. The auditor’s report is that all’s well from the from the 40,000 foot level.

3. Quarterly Audit Report and Approval of an External Auditor: Trisha Burnett, Chief Auditor

UO has been independent from the state’s Audit Board for 3-4 years now. It took a year to hire the first auditor. She left in frustration after a year or so. So did a couple of her staff. That was a year ago. Our new auditor has just staffed out her office and put up a webpage. Someday they may actually start doing internal audits, such as the long promised athletics audit. While the state regularly published their audits of UO, I’m guessing it’s going to be a long public records battle to get these from the PRO.

4. Strategic Enterprise Risk Management and Compliance: Andre LeDuc, Associate Vice President and Chief Resilience Officer

Lots of colorful powerpoint slides. LeDuc’s empire seems to have expanded from security and digging faculty out of the rubble of PLC, to consideration of isssues like IT security, tuition dependancy, grant administration. Not sure where the athletics lawsuits and Halloween parties fit in. Wants to buy more insurance and water filtration systems.

Lillis asks Moffitt if UO has a list of “unfunded mandates” from the feds for UO. This idea presumably comes out of his support for erstwhile Presidental Candidate and higher-ed crank Ben Carson.

Moffitt: There was a report coming out of some east coast school listing these mandates and claiming they were a major driver of administrative bloat, but it was problematic.

5. Board Officers: Trustee Peter Bragdon

Finance and Facilities Committee — 9:45 AM December 1, 2016 [Materials]

1. Standing Finance and Treasury Reports (Written Only) and Authorization for Certain Investment Activities (Action): Karen Levear, Director of Treasury Operations

This is a proposal to invest UO’s medium term funds with the UO Foundation, in stocks and derivatives, for hedging not speculation. It was passed as a ballot inititiative this fall. Very sensible, Lavear knows her stuff.

Kurt Willcox asks what sort of oversight the board will have, and what sort of information the notoriously secretive UO Foundation will share with the Board. Jay Namyet, UOF CIO, says not much. This is a trust me proposal, but imho I trust Lavear’s judgement on this and her ability to keep an eye on Namyet.

Ann Curry asks more skeptical questions. Ross Kari does a good job addressing them, notes that after the last financial meltdown there are now more SEC rules regarding transparency and reserve requirements.

Jay Namyet notes that the UOF insists on dealing with managers who have their own net worth in the fund, and they insist on complete transparency. Good practices – but not ones the Foundation follows for its own employees.

Lillis notes that Namyet has had a spectacular 10 years in terms of investment returns.

2. UO Buildings – Energy Policies and Programs: Michael Harwood, Associate VP for Campus Planning and Facilities Management

Susan Gary: Is it worth it for UO to pay the LEED people to certify buildings as energy efficient. Can’t we just build them that way and save the money? Harwood: probably worth paying for the LEED stamp of approval, for public relations.

Frankly, it’s a little odd to hear so much discussion of energy audits, and so little of internal financial audits from the board.

3. Authorization of Possible Eminent Domain Proceedings (Action): Kevin Reed, Vice President and General Counsel

Diane Dietz has the story here.

Reed makes clear he is taking his responsibility to comply with the Constiution’s taking clause very seriously, with the help of some Portland lawyer.

Lets hope he takes to university’s obligation to comply with the First Amendment, when it comes to our student-reporters, student-athletes, and Divest UO and other protestors just as seriously.

Ann Curry give the RG’s Diane Dietz a shout out over her story on who this will affect the tenants. The Jock Box’s athlete-only parking lot will be untouched, of course.


Moffitt notes that all the funds for relocation etc., will come from the Knight gift.

Academic and Student Affairs Committee — 11:00AM December 1, 2016 [Materials]

1. Title IX – National Picture, Current Trends & UO Organization: Darci Heroy, Associate Vice President and Title IX Coordinator

Full disclosure: I’ve been working with Darci Heroy for 6 months on the Senate’s successful effort to replace the administration’s mandatory reporting policy with a student-centered policy, and I think she’s very sensible, effective, and committed to reducing campus sexual assault – not trying to cover it up, as has been UO’s unfortunate history.

She shows the board the new safe.uoregon.edu website, which has fixed many of the problems with famously incompetent AAEO Directo Penny Daugherty’s unnavigable and factually inaccurate website. It’s no surprise that the administration has never put Daugherty in front of the Board.

Heroy goes on to give some history on Title IX, explains that the pendulum is shifting back towards increased rights and more legal action for the accused.  Confident that our processes to a good job of blancing the rights of the victim and the accused.

Pres Schill asks Reed about how many lawsuits we have at the moment. Austine et al., and 2 others (?).

Heroy notes that the lawsuits have helped improve UO’s internal processes. She wants UO to be consistent in following the focus of Title IX on making sure that all of our students have access to a fair and compassionate process, one that will make sure they all have equal rights to accessing education.

Ginevra Ralph asks why universities are required to handle sexual assault differently than, say, murder.

Heroy explains that’s because of the focus of title IX on equal access to education. It does put us in an awkward place, we must have a sort of ghost criminal process. Reed agrees.

Ralph follows up, asking about the basketball allegations. Why were we required to investigate, rather than give it to the police?

Reed: The police often inestigate as well, but civil rights law holds us to a higher standard because of our obligation to provide equal access to education.

Reed & Schill: Criminal process has a higher burden of proof, is invasive, public, students don’t use it. We need to protect them anyway.

Heroy gives a shout-out to the Senate RRWG and it’s new policy. Talks about how campus is now working in sync on issues of sexual assault prevention.

Very good discussion between Heroy and the Board.

2. Health Center / Counseling and Testing Center Project Preview: Roger Thompson, Vice President for Student Services and Enrollment Management

Moved til after lunch.

3. Student Success: Lisa Freinkel, Vice Provost and Dean of Undergraduate Studies; Doneka Scott, Associate Vice Provost for Student Success; Ron Bramhall, Associate Vice Provost for Academic Excellence

[Sorry, I had to answer some emails. Sounds like the 15 credit plan is taking off, and Doneka Scott has a handle on the new system for tracking and helping students who are behind.]

Lunch break until 1:45

4. Program Approvals – Bachelor of Science and Bachelor of Arts in Spatial Data Science and Technology (Geography) (Action): Scott Coltrane, Senior Vice President and Provost

Meeting of the Board — 1:45PM December 1-2, 2016 [Materials]

THURSDAY, DECEMBER 1 – 1:45 pm (other times approximate) – Convene Public Meeting
– Call to order, roll call, verification of quorum
– Approval of September 2016 minutes (Action)
– Public comment (2:13).

Sorry, not much live blogging. Check the video. Several public comments calling for more building energy efficiency efforts. Several pointing out the problems with the IT reorganization effort and its thus far negative effect on it personnel and services.

Several comments from owners and leasors of the land UO is negotiating to buy, all building the arguent that their property and investments are worth more than the appraised value. According to the Domino’s owner, our General Counsel stepped in the deep-dish with his RG comments.

Two portland students comment on the Halloween “black-face” incident. Appreciate Schill’s statement. Embarassed by the professor’s actions. Want more university resources in Portland for students to talk about incidents like this.

NOTE: A live teleconference will be available during public comment to accommodate individuals wishing to participate from Eugene (Ford Alumni Center, Room 403)

1. Reports
–ASUO President Quinn Haaga
–Senate President Bill Harbaugh
–Provost Scott Coltrane
–President Michael Schill

2. AY2016-17 Student and UO Scholarship/Waiver Statistics: Roger Thompson, Vice President for
Student Services and Enrollment Management; Jim Brooks, Assistant Vice President and Director
of Financial Aid and Scholarships

3. Classroom Scheduling Task Force – Findings and Next Steps: Scott Coltrane, Senior Vice President
and Provost; TBD

4. UO Portland Vision Statement: Jane Gordon, Vice Provost for UO Portland

5. Portland Programs In Focus

5.1 Agora Journalism Center, School of Journalism and Communication: Regina Lawrence,
Executive Director, George S. Turnbull Portland Center and Agora Journalism Center; Andrew
DeVigal, Chair in Journalism Innovation and Civic Engagement and Professor of Practice

5.2 Sports Product Management, Lundquist College of Business: Roger Best, Professor Emeritus
of Marketing; Damian Vaugh, Assistant Clinical Professor of Product Management

Lot of buzzwords, shiny video. Still no news on the $20M donation we were told would fund this spire of excellence.

Meeting Recessed for the Day

Day two here.


UO Senate votes for “Peace in our time”, hands IAC to Ducks

Will Campbell has the report on today’s Senate meeting, in the Daily Emerald here:


My amendment to keep the IAC in reserve failed narrowly, and I then voted with the ayes to replace the Senate Intercollegiate Athletics Committee with a purely advisory IAAC. I regard the agreement as symbolic of the desire of our two peoples never to go to war with one another again.

AD Mullens buys out Duck basketball coach Don Altman for 12 Gottfredsons

11/29/2016 update: The RG’s Ryan Thornburn has the shocking details here.

Or at least I think it was the basketball coach – he’s about to drop out of the rankings too. But maybe his buyout is next year.

Meanwhile, Mullens, Altman, Helfrich and the other well-paid Athletic Department employees haven’t been giving much to the University’s Charitable Fund Drive for state and community charities:


11/28/2016 update: Matt Helfrich wins excellent $9.4M buyout with lousy 34-44 Civil War loss

Continue reading

All hail the HECC’s glorious 5-year college productivity plan!

Why does it always have to be a 5-year plan? It’s simple. The Nazi’s gave the 4-year plan a bad name. The Poles tried a 6-year plan, but gave up after 5. Jesuits do 7-year plans, but they’ve got eternity on their side. So while the inventor of the 5-year plan was not exactly a saint, 5 years it is.

The HECC’s 2016-2020 plan is here. I didn’t read it, but I did notice the figure below, which does a good job showing how dismal Oregon HS education is, and how community college is usually a dead-end:


Prof. Ed Coleman talked to Shurtz, thinks law faculty & Schill reacted poorly

11/13/2016: In a podcast with a Black UO philosophy student, posted on the Daily Emerald website here:


Professor Coleman’s undergraduate work was in theater. He started the Ethnic Studies program at UO. He says the administration should have thought before condemning Shurtz. He connects white emcees making money off blackface to white coaches making money off Black basketball and football players.

He’s not impressed by the argument from the Black student in the interview that one professor wearing blackface at a halloween party in her own home, with a long history of supporting diversity at UO, trying to make an anti-racist argument, creates an unsafe space for students. Coleman talks about the difficulty of meeting the Black Student Union’s demand for hiring more Black faculty without first filling the pipeline with PhD students.

He believes that whoever sent the Shurtz photo to the newspapers shouldn’t have. He and the student seem to agree that Shurtz’s anti-racist intent matters. Shurtz has told Coleman that she has hired lawyers and will sue the university so that she can resume teaching. The student wants her to have a chance to talk to the students and explain her motivations. There’s more on Ed Coleman and Black history at UO here.

11/15/2016: Profs Ed Coleman & Ofer Raban school Dean Moffitt & 23 angry professors

Retired UO Professor Ed Coleman (English Lit) is still schooling us all in what it means to be a teacher. In the RG:

As a black child growing up in a southern town in Arkansas in the early 1940s, my father took me to several minstrel shows. A friend of his played violin in the pit band and gave him tickets. The shows, a major form of entertainment in the United States, were traveling throughout the South and had stopped in our hometown of El Dorado.

As always, the performers wore blackface, with the exception of “Mr. Interlocutor” (the director on stage), who was white. All the performers were almost always black men, except for the occasional times when black women performers also wore blackface.

As a retired English professor who taught black literature and folklore (including the cultural roots of Jim Crow and minstrel show evolution and influence), I, too, was initially appalled and taken aback after reading University of Oregon President Schill’s recent letter to the University community; seeing the published photograph of esteemed Prof. Nancy Shurtz, in costume and blackface further tweaked my concern.

However, and this is a big however, after learning about Prof. Shurtz’s account of her donning the costume, I realized she was attempting to show how many black doctors have been tragically trivialized by white people. She was holding and displaying a copy of the best-selling book “Black Man In a White Coat — A Doctor’s Reflections on Race and Medicine” by Damon Tweedy, M.D. This was a party in her own home with invited guests. After reading Nancy Shurtz’s academic profile, it was clear that she is a nationally eminent scholar whose teaching and scholarship are exemplary.

What I find troubling and painful is how quickly so many of the faculty and my former colleagues are ready to tar and feather her and run her out of the university. A reputation of decades blackened and bruised with blaring headlines and heated rhetoric in an uncritical rush to judgment. Shurtz did no immediate harm and I am embarrassed at the overwhelming display of instant but uncritical outrage directed at her with their online petition and various letters screaming to have her fired.

Please! “Methinks thou protest too much.”

Shurtz had no racist intent — just the opposite. My question is: Who took the photograph and why? And why post it, hiding anonymously, on social media? Was this “guest” trying to embarrass or damage her or what? Why needlessly cause deep personal pain, anguish and humiliation?

I am taking this stance because as a black man, I, too, could be subjected to unwarranted petitions and letters.

Edwin Coleman II, PhD., is an Emeritus Professor of English at the University of Oregon.

And the Oregonian editorial board thinks we need a straightjacket:

… But was Shurtz’ action malevolent? No. Racist? Unwittingly. Harmful? Yes, but not because it was so wrong-headed or because there was evidence offered by aggrieved individuals. Instead, the incident has become harmful to the brand of the law school, 23 of whose faculty members were so cowed by the event that they asked Shurtz to immediately resign. In shame. As an idiot. Significantly, as in: not one of them.

This is dangerous, hive-minded stuff. It carries the whiff of fascistic decrees that act, over time, to crush individuals and tamp down fruitful disagreement. Meanwhile, it coddles the privileged: faculty, law students and prospective law students, whose protection both real and promised places them in a padded world immune from even perceived discomfort. …

11/14/2016: UO Law Professor Ofer Raban teaches his Dean & 23 angry law professors

In the Oregonian here. An excerpt:

I do not speak only for myself at the law school when I say that the dean’s response, and the faculty’s letter, were a disgrace. This was a failure of leadership and pedagogy, and opposition to it within the law school was expressed from day one.

This regrettable Halloween event was a teachable moment, but it ended up teaching many wrong lessons. Surely, this was a moment to teach about racial sensitivity and awareness of history, and of what it means to live as a racial minority in this country. But it was also a moment to teach other valuable lessons for law students: Do not rush to judgment. Deliberate carefully, away from emotions running high. Consider all the relevant factors. And show compassion for human fallibility.

At a time of an emboldened pernicious racism, the refusal to recognize the distinction between malicious racism and a stupid but well-intentioned mistake is not only a moral and legal travesty, it is also fodder for the real enemies of racial equality.

In full:

Ofer Raban

On Halloween night, a University of Oregon law professor hosted a private party at her home attended by some faculty and students. She donned a costume representing an African American doctor, including a hospital gown and the coloring of her face.

The professor in question had a long record of advocacy for the rights of minorities. She was even nominated for the university’s Martin Luther King Jr. Award. In fact, she wore the costume to honor an African American hero of hers (Dr. Damon Tweedy, author of “Black Man in a White Coat.”) There seems to be no doubt that there was no malicious intent in donning the costume.

The reaction of the law school dean and some of its faculty was swift: The dean placed the professor on administrative leave and a majority of faculty members signed a letter calling on her to resign.

“We are angry,” proclaimed the letter, twice. “You need to resign. It doesn’t matter what your intentions were. It doesn’t matter if (your conduct) was protected by the First Amendment.”

The idea that intentions don’t matter when evaluating a person’s culpability — which appeared both in the faculty letter and in an email written by an associate dean and circulated to the students — is not just wrong but also contradicted by what law professors preach daily in their classrooms

Measuring individual culpability by reference to one’s intent is a foundational principle of our criminal law, our tort law, our contract law, or our constitutional doctrine. In fact, that principle — absent from primitive legal systems — is considered one of the greatest civilizing forces of our law.

For law professors to claim that intentions don’t matter is, frankly, preposterous. (Even more ludicrous was the remark of another university professor, who wrote to the university president that the absence of a racist intent “makes it worse” in his view, because it showed ignorance and callous disregard for minorities.)

The event in question was attended by some students and faculty, but it did not take place in a classroom or even on campus. The costume was donned at an after-hours private party at the professor’s own home. This, combined with the fact that the costume was donned without any malice — to the contrary, in an attempt to celebrate an American hero — should have obviated any demand for giving up one’s livelihood, let alone a suspension. Moreover, let’s remember that we are dealing with a public university professor at a time that many of us fear might prove challenging to academic freedom.

I do not speak only for myself at the law school when I say that the dean’s response, and the faculty’s letter, were a disgrace. This was a failure of leadership and pedagogy, and opposition to it within the law school was expressed from day one.

This regrettable Halloween event was a teachable moment, but it ended up teaching many wrong lessons. Surely, this was a moment to teach about racial sensitivity and awareness of history, and of what it means to live as a racial minority in this country. But it was also a moment to teach other valuable lessons for law students: Do not rush to judgment. Deliberate carefully, away from emotions running high. Consider all the relevant factors. And show compassion for human fallibility.

At a time of an emboldened pernicious racism, the refusal to recognize the distinction between malicious racism and a stupid but well-intentioned mistake is not only a moral and legal travesty, it is also fodder for the real enemies of racial equality.

Ofer Raban is a professor of law at the University of Oregon.

11/7/2016: Law School Dean explains blackface legal issues, criticizes Schill as unfair

That would be the Dean of the University of Illinois law school, Vikram Amar. In a nutshell, he explains that students have more First Amendment protections than faculty do. On balance he says Professor Schurtz may well still be protected by it, and quite possibly by other law. Read it all, I’ve only posted the ending:

On Academic Freedom, Administrative Fairness, And Blackface

… My second observation is that the First Amendment is not the only potentially relevant legal constraint. Due process (are faculty clearly told what they cannot say so they are not sandbagged?), contract law (tenure is often a contract concept), and state constitutional protections may give public faculty members more latitude than does the First Amendment. And these extra protections may be perfectly appropriate if we do take seriously historical notions of academic freedom.

My last observation is an important one, and that is that critics of Professor Shurtz have themselves erred. President Schill’s quick characterization of Professor Shurtz’s use of blackface as being “in jest” is at odds with her own explanation, and we need remember that there has been no process yet to determine any actual facts. Shurtz’s 23 faculty colleagues assert that her “intentions [don’t] matter.” But whether we are interpreting the First Amendment or deciding whether someone should be required to give up her very livelihood, intent ought clearly to matter a great deal. After all, the reason (correctly identified by those calling for her resignation) that Shurtz’s actions warrant serious scrutiny is that they may undermine her (and the university’s) trust and credibility with students, alumni and the community. But wouldn’t students, alumni and the outside world want to know why she did what she did in deciding how much less they like and trust her and the law school? If she did it to mock African-Americans (or merely “in jest” because she is flippant about race), aren’t they likely to be much more angry and disaffected than if she did it to support the cause of racial equality (like the author in Black Like Me who feigned blackness to document racism), even if her attempt was clumsy, ill-advised and ultimately counterproductive? Again, no process has yet found the full facts (I have no familiarity with Professor Shurtz and am not vouching for her sincerity). But the idea that intent is irrelevant when heavy consequences like resignation are being considered runs counter to most areas of law and moral intuition. And lawyers – especially law professors who are teaching students how to frame arguments — ought to take care to appreciate that.

Sign me up for the Professor Watchlist!

Some group of far-right-wing cranks has started a website where students can report their professors for being too liberal. I assume they got the idea from UO’s Bias Response Team, which encouraged students to report faculty for not being liberal enough. (The UO shut down that part of the BRT website, in response to the ongoing UO Senate investigation of the BRT). Or maybe they got it from former UO Journalism Dean Tim Gleason, who used the official UO anti-union blog to anonymously accuse me of “being indelibly associated with” the UO faculty union?

Regardless, I figure I could use another line on my vitae for the upcoming merit evaluations, so I self-nominated:


Their webform:


The rest of my self-nomination said

“He also often uses class time to lecture his students about “behavioral economics” and has been known to disparage the neoclassical economics of men like Milton Friedman, and the Austrian economics of Friedrich von Hayek.”

That might be a slight exaggeration, of the sort that many professors engage in when competing for an honor like being on the Professors Watchlist. The truth is that I also have a lecture praising Friedman for supporting the EITC and helping convince Nixon to end the draft, and I don’t think I ever mention von Hayek.


Unfortunately their server is overwhelmed with tips. Damn. Oh well, maybe I at least made the BRT list. The truth is that the BRT was not funny, and neither is a Watchlist like this. These are crazy times, and we don’t need more witch hunts from anyone. So what’s a professor to do? I think we should all nominate ourselves for this, and take some of the heat off the one UO professor who is currently on this list.


Assoc Athletic Director for Communications charged with assaulting reporter

for violating team rules about interviewing athletes.


That would be at Baylor:

Police charged Heath Nielsen, Baylor’s associate athletic director for communications, after James McBride, a reporter from the Keller, Texas-based Texas Blaze News, told police Nielsen assaulted him Nov. 5 after the Bears’ 62-22 loss to TCU in Waco, Texas. According to Waco TV station KWTX, McBride said he was attempting to take a photograph with a Baylor football player when Nielsen grabbed him by the throat and pushed him away, saying McBride was breaking the school’s rules against conducting interviews on the field after games.

Nielsen, who was placed on the leave of absence shortly after the alleged incident, was arrested Nov. 8.

But the Ducks are doing their best on the subject of assaults and reporters.


Dave Williford. (GoDucks photo)

While Duck Associate Athletic Director for Communications Dave Williford hasn’t been arrested for trying to strangle a reporter, he did threaten to yank a student-reporter’s press pass for reporting on a series of alleged assaults and an alleged strangulation by Duck football players:

Kenny Jacoby, the sports editor of the Emerald, joined me on the radio show on Friday to download on the story, and how his team’s access was threatened by the University of Oregon athletic department after the student newspaper contacted a key player involved directly. (UO failed/refused to coordinate an interview request so the students say they reached out themselves).

“We were actually called into the athletic department office and we were told if we do that again we were going to get our credential pulled,” Jacoby said.

Coach Mick Helfrich let the player accused of breaking an alumnus’s arm play on Saturday, and he caught the game winning pass, probably saving Helfrich’s $3.5M job for another year or two.

Lorry Lokey comes through for the Knight Law School, honoring Frohnmayer

More good news on fundraising from Around the O:

His many admirers considered Dave Frohnmayer the “leader’s leader,” and now his legacy will live on permanently at the University of Oregon School of Law through the new Dave Frohnmayer Chair in Leadership and Law, made possible by a lead gift from Lorry I. Lokey.

Lokey’s leadership gift has inspired other donors to join, and with more than $3.3 million so far, the new endowment is well on its way to supporting faculty excellence and providing leadership programming for students.

Just the latest of Lokey’s many gifts to UO’s academic side, all of which he’s asked be named in honor of others.

Remember the Hat Day: November 21

I think nostalgia for Lariviere peaked under Mike Gottfredson, and has fallen to historical lows under Mike Schill. From 2015, with a few updates:

Break out your hats and mark the day. On November 21st 2011, three four five years and four five UO presidents ago, OUS Chancellor George Pernsteiner and Board Chair Matt Donegan came down to UO with their ultimatum and told Lariviere to resign, for trying to implement his plan to bring faculty pay to the AAU averages, and trying to set up an independent UO Board. Lariviere refused to leave, so they fired him, on instructions from Governor Kitzhaber. Nigel Jaquiss broke the news on the 22nd. Four years later, where are the principals in this sad event?

UO President Richard Lariviere: Now president of Chicago’s Field Museum, and apparently well on his way to completing a turnaround of that troubled institution.

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Oregon Governor John Kitzhaber: Resigned after getting caught trying to destroy his email archives, and by some reports under federal investigation for alleged political corruption.

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OUS Chancellor George Pernsteiner: Still living at Treetops and using Oregon students’ tuition money to pay for his kids’ maid service. Just kidding, the croissant chancellor is now pulling down +$300K as president of SHEEO, a little known non-profit higher ed policy group in Colorado.

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OUS Board Chair Matt Donegan: After a very nasty divorce he sold his timber business, then sent out some feelers on restarting his political career. The response was not good, and he’s dropped out of public life to work on counting his money.

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(Bridget Burns and Chuck Triplett at the 2011 Mac Court meeting.)

OUS Board Secretary Chuck Triplett: Triplett’s role in setting up the secret discussions that led to the board’s decision to fire Lariviere may never be fully known, unless I can get my hands on the OUS digital email archives. Meanwhile he has parlayed his $72K job for Pernsteiner into a $130K job for UO, and then a promotion from Scott Coltrane. All without an affirmative action compliant search. He’s currently JH liason to the UO Senate – an appointment made without consulting the Senate with which he is supposed to liase.

Pernsteiner’s Chief of Staff Bridget Burns: She and Triplett were quite the team. After OUS collapsed she set up a consulting business, which just got a $9.8M grant from the DoE. According to her website,

… she led the successful legislative effort to free Oregon’€™s seven universities from state agency status, for which she received the national award for innovation in government relations from colleagues spanning the national higher education landscape at AASCU, APLU, AACC, and CASE.

Wow, and to think Mark Haas and Mike Gottfredson have been claiming all the credit for SB 270.

Screen Shot 2015-11-22 at 12.47.40 AM

UO Senate President, Protector and Defender of the University, Slayer of Chancellors, and Professor of Music Robert Kyr: “Mr. Pernsteiner, answer the question as a human being would answer it.”

Kyr is now back at his regular job, composing and teaching music theory.