Update: Geller’s quotes come from here: http://ous.edu/state_board/polipro Check out the board policies and IMD pdf’s – for example athletics. There are all kinds of things UO and OUS pay no attention to in practice. Except when it’s convenient for them to use them against the faculty.
1/26/2012: This will get the union a bunch more cards. An email from interim President Berdahl today, apparently written with the help of Randy Geller, asserts he has the power to “define the scope of faculty authority” down to what Senate committees can do:
… as summarized below from information provided by the Office the General Counsel, the President is assigned the power to define the scope of faculty authority, including the charges of senate councils and committees.
• The University of Oregon Constitution must be consistent with Oregon Law and State Board of Higher Education policies and Internal Management Directives.
• ORS 351.010 provides that the Oregon University System is conducted under the control of the State Board of Higher Education. Under ORS 351.070(4)(b), the Board has the authority to adopt rules and bylaws for the government of each institution under its control.
• As outlined in ORS 352.004, the president of each state institution of higher education within the Oregon University System is also the president of the faculty and the executive and governing officer of the institution. Subject to the supervision of the State Board of Higher Education, the president of the institution has authority to control and give general directions to the practical affairs of the institution.
• Board Policy 3.105(F)(7) authorizes each institution to formulate a statement of internal governance expressed as a constitution or in another appropriate format. “All statements of internal governance will be consistent with statutes governing the Oregon State Board of Higher Education, the Oregon University System, and any applicable Board rules, policies, or IMD.”
• Board Policy 3.105(F)(6) states that “the institution president is authorized to convene and preside over the faculty and to veto any decisions of the faculty or its representative bodies. The institution president will define the scope of faculty authority – including its councils, committees, and officers, subject to review by the Chancellor – except as provided in Board rule, policy, or IMD.” …
The faculty union organizers have argued that one reason to support a union is that it would be able to write faculty governance into the contract, establish a clear legal basis for it, and provide experienced lawyers to help the faculty regain the control it once had over university matters.
At the moment, we are utterly at the mercy of Randy Geller’s peculiar interpretations of the law, and the benevolence of our president. No recourse. Geller works for Pernsteiner, and Pernsteiner picks our next president.