Update: GC Kevin Reed cuts deal with Betsy DeVos & wants $378.49 to show the terms

9/21/2018 update: After proposing to charge me $378.49 for the agreement docs, Reed’s Public Records Office is now claiming that there is no agreement:

On Friday Sep 21, 2018, at 2:41 PM, Public Record Requests <pubrec@uoregon.edu> wrote:

Dear Mr. Harbaugh,

There would be no charge to respond to your request for “a copy of any resolution agreements or similar, between OCR and the University of Oregon, from Jan 1 2018 to the present”, as the University possesses no responsive records. Do you wish to narrow your request, and thus consider it closed, or send a check for the remainder of your request?

Thank you for contacting the office with your request. …

But of course there’s an agreement:

Dear Ms Thornton –

The document I am looking for is called a “Facilitated Resolution Agreement” and it was signed by General Counsel Kevin Reed on or about August 21.

I’m ccing Mr. Reed, as he should be able to provide this public record without additional delays or fees. (Technically this document could be called an agreement between the complainant and UO, but I think he knows exactly what I’m looking for.)

I’ll consider this request closed when I receive this document.

Thanks, …

So what does it require UO to do? Stay tuned, we’ll get this deal out into the sunlight eventually.

9/20/2018: I’m no originalist, but I thought treaties with alien potentates required Senate approval.

Back in April Around the O posted the news of a federal Office of Civil Rights investigation of UO:

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Provost Banavar explains delay in gender and racial equity raises

September 19, 2018
Dear University of Oregon faculty members,
I am pleased to share with you some important information regarding the fiscal year 2019 salary increases for both represented and non-represented tenure-track faculty (TTF) and career non-tenure-track faculty (NTTF) at the University of Oregon.
The fiscal year salary increases will be provided to faculty members who meet the eligibility criteria, which requires an appointment as of December 31, 2018.
Tenure-track faculty members will receive a 1.25 percent across-the-board increase on January 1, 2019. There’s an additional pool of 0.75 percent to address equity that will be distributed after an internal study currently underway is completed. Funds from this equity pool will be distributed as soon as they are available and consistent with the United Academics collective bargaining agreement and the related memorandum of understanding. For more information on the equity study, please refer to the Faculty Salary Equity Study.
If equity funds are distributed after January 1, 2019, all increases provided from that pool will be retroactive to January 1, 2019. If there are funds remaining in the equity pool after equity decisions are made, those funds will be applied as an additional across-the-board increase to TTF.
Under the agreement, career NTTF members will receive a 2.0 percent across-the-board increase on January 1, 2019.
For more information on faculty salary increases, please refer to the Annual Salary Increases webpage.
If you have any questions, please contact Human Resources by email at hrinfo@uoregon.edu or call 541-346-3159.
With warmest regards,
Jayanth Banavar
Provost and Senior Vice President

No, I am Spartacus!

Video here. A few years ago it would have seemed silly to restart this long-standing UO tradition, but that was before Brett Kavanaugh. So thanks to the Dean of Students for making it easy to add your name as out or an ally, with a quick online survey:

The OUTList is a list of UO students, faculty, staff, and alumni who wish to publicly acknowledge and celebrate that they are lesbian, gay, bisexual, transgender, queer, questioning, intersex, asexual, aromantic, agender, and/or allies (LGBTQIA+). The list will appear in the form of an advertisement placed in the Daily Emerald during the week of October 8 to correspond with National Coming Out Day and our own UO Coming Out Week.

If you are a UO student, alum, faculty, or staff member, and you would like your name to be included on the 2018–19 OUTList, please fill out our survey. To have your name included in the newspaper ad, submissions must be received by 8:00 a.m. on Monday, October 1.

 

Kavanaugh’s accuser is a psychologist/statistician with an h-index of 42

I’m no slave to metrics, but who are you going to believe? Professor Christine Blasey, who’s most cited work is the very useful sounding Sage book on “Statistical Power Analysis in Research“, with 1343 citations since 2015:

With increased emphasis on helping readers understand the context in which power calculations are done, this Second Edition of How Many Subjects? by Helena Chmura Kraemer and Christine Blasey introduces a simple technique of statistical power analysis that allows researchers to compute approximate sample sizes and power for a wide range of research designs. Because the same technique is used with only slight modifications for different statistical tests, researchers can then easily compare the sample sizes required by different designs and tests to make cost-effective decisions in planning a study. These comparisons demonstrate important principles of design, measurement, and analysis that are rarely discussed in courses or textbooks, making this book a valuable instructional resource as well as a must-have guide for frequent reference.

Or a brown-noser like Judge Brett Kavanaugh, who’s most cited work appears to be this hagiographic book review with 75 citations:

 

 

UO General Counsel Kevin Reed redacts legal advice on splitting the North Campus CUP, public meeting tonight

9/12/2018: I can think of many reasons why UO, a public university, would want to redact the advice it received from one of its outside attorneys (and the response from the University Architect) on whether or not it would be a good idea to split the CUP request into two parts:

Not all of them are nefarious. However, UO’s case for using the attorney-client privilege exemption in Oregon’s public records law is weakened by our administration’s willingness to talk about that advice when it suits their purposes. A public agency can’t tell the public “our lawyers have advised us that we shouldn’t split the CUP” and then use the public records law to redact the actual advice they received. Or at least that’s what Oregon law says:

2017 ORS 40.280Rule 511. Waiver of privilege by voluntary disclosure

A person upon whom ORS 40.225 (Rule 503. Lawyer-client privilege) to 40.295 (Rule 514. Effect on existing privileges) confer a privilege against disclosure of the confidential matter or communication waives the privilege if the person or the person’s predecessor while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the matter or communication.  …

And yet here is the statement from UO President Schill to the UO Senate, in his May 11th response to the Senate’s North Campus resolution, disclosing a significant part of the very communication that GC Reed subsequently redacted:

(President Schill’s letter is on the UO Senate website here. Thanks to a helpful reader for the UO documents, which were redacted by UO GC Kevin Reed’s Public Records Office. Full pdf here. )

9/10/2018: North Campus public hearing 5:30 this Wed, 125 East 8th Ave

Last spring the UO Senate had a long and interesting debate about the proposal, then overwhelmingly passed a resolution calling on the university administration to divide the CUP application along the railroad tracks and go ahead with the part south of the tracks (needed for Knight Campus), while redoing the proposal for north of the tracks to make sure it would be preserved as an natural amenity and site for ecology fieldwork.

The administration went ahead with the application for both parcels anyway, and the city has scheduled the meeting for public input for Sept 12th, when many faculty and students are out of town. More documents here, including many public comments submitted in advance.

http://pdd.eugene-or.gov/LandUse/SearchApplicationDocuments?file=CU-18-0001

Kevin Reed’s PR Office now redacting public records *requests*

Say what you will about Dave Hubin’s management of UO’s Public Records Office, but at least when Dave was in charge they only redacted responses:

Under Kevin Reed, they’re now redacting the requests too.

On Friday I submitted two requests: one for three recent contract proposals, the other for a copy of the resolution of a recent investigation of UO by Betsy DeVos’s Office of Civil Rights. Plenty of public interest there!

The first request, as I emailed it to the PRO:

This is a public records request for the winning proposal and score sheets for the following RFP’s:

Request for Proposal for Lobbying Consulting Services
Solicitation Number: PCS# 500100-00124-RFP

RFQ for Brand Awareness Study
Solicitation Number: PCS# 520200-00134-RFQ

Strategic Planning Consulting Services
Solicitation Number: PCS# 110400-00026-RFQ

I ask for a fee waiver on the basis of public interest. I’m ccing Interim Director Greg Shabram, as he should have these documents readily at hand.

Thanks, Bill Harbaugh

But the PR log posting of this request redacts the requests for the “Brand Awareness” and “Strategic Planning Consulting” winning proposals, and also my request for a fee waiver:

A request for a fee-waiver is a secret?

The second request was for info about the Dept of Ed Office of Civil Rights investigation announced on Around the O a few months back, and now rumoured to have settled by negotiation between UO and OCR. My email:

This is a request for:

1) a copy of any resolution agreements or similar, between OCR and the University of Oregon, from Jan 1 2018 to the present.

2) any correspondence between OCR and the University of Oregon related to OCR investigations, from Jan 1 2018 to the present.

I would appreciate receiving these records as pdfs sent to this email address. I ask for a fee waiver on the basis of public interest.

Thanks, Bill Harbaugh

That request simply doesn’t exist, at least according to the PR log as of  Sept 11. Weird:

09/11/2018 Contracts Stanchak, Brian Records Provided
09/10/2018 Contracts Houston, Henry Records Provided
09/07/2018 Reports Jacoby, Kenny Awaiting Payment from Requester
09/06/2018 RFP Harbaugh, Bill Records Exempt From Disclosure
09/05/2018 Personnel Records Blutstein, Allan Awaiting Payment from Requester
09/04/2018 Records Nguyen, Ryan Requesting/Reviewing Records
09/04/2018 Housing Costs Nguyen, Ryan Records Provided
09/04/2018 Records Nguyen, Ryan Requesting/Reviewing Records
08/31/2018 Directory Information Doyle, Brandon Awaiting Payment from Requester
08/31/2018 RFP Martin, Roger Records Exempt From Disclosure
08/30/2018 Contracts Cohen, Kevin Records Provided
08/30/2018 RFPs, scoresheet Thornton, Amy Requesting/Reviewing Records
08/30/2018 RFPs, contract Bejcek, Kent Requesting/Reviewing Records
08/29/2018 Correspondence Fekadu, Safe Requesting/Reviewing Records
08/29/2018 RFPs, scoresheet Thornton, Amy Requesting/Reviewing Records
08/29/2018 RFPs, scoresheet Thornton, Amy Requesting/Reviewing Records
08/29/2018 RFP Selle, Kendra Requesting/Reviewing Records
08/29/2018 RFP Thornton, Amy No Responsive Records
08/29/2018 RFP Thornton, Amy Records Provided
08/29/2018 RFP Thornton, Amy Records Provided
08/28/2018 Procedures Steinbaugh, Adam Requesting/Reviewing Records
08/28/2018 Contract Carey, Erin Records Provided
08/27/2018 Video Gimm, Vickie Awaiting Clarification from Requester
08/24/2018 RFPs, scoresheet Noonan, Julia Records Exempt From Disclosure
08/24/2018 RFP Shea, Michael Records Provided
08/23/2018 RFPs Gladden, Kelsey Requesting/Reviewing Records
08/22/2018 Correspondence Bauman, Dan Awaiting Payment from Requester
08/22/2018 Contract Bonagura, Kyle Records Provided
08/22/2018 Financial Records Schmidt, Brad Records Provided
08/21/2018 Contracts Greif, Andrew Records Provided
08/21/2018 MKA Contracts Carey, Erin Records Provided
08/21/2018 RFPs, scoresheet Wilson, Hayley Records Provided
08/21/2018 RFP Johnson, Sue Records Provided
08/21/2018 Video Tobin, Michael Records Provided
08/20/2018 Contracts Freitas, Robert Records Provided
08/20/2018 Game Contracts Greif, Andrew Records Provided
08/20/2018 Subpoenas Tobin, Michael Records Provided
08/17/2018 Nike Elite Schmidt, Brad Records Provided
08/17/2018 Expense Reports Beard, Aaron Records Provided
08/17/2018 Directory Information Villaflor, Wes Request Withdrawn

Update 3: Pres Schill gets $188K raise, donates $100K for need-based scholarships

I can’t imagine why Around the O hasn’t communicated anything about this board meeting. So I’ll update this post as the meetings progress. See below the break for the details.

Update 1: New financial overview info below.

Update 2: Board engages in its traditional 60 minute bashing of the state for underfunding us. This seems unlikely to be productive. See below for some live blogging:

The Trustees love the idea that UO can’t count on the state for funding. President Schill argues that it almost seems they want to hurt us. My question is why is UO so bad at gaming this system? Why do we keep antagonizing the Beaver alumni in the legislature with things like blowing our money on a Duck Baseball program? Why do we make things like state money for the IAAF championships a top lobbying priority?

Maybe their goal is to make sure that UO has to rely on private philanthropy?

Update 3, Friday AM: President Schill announces he will donate his expected $100K annual bonus to the UO, for scholarships for first-generation students, in honor of his mother who helped him get through college as a first-generation student. Good man. Good son!

Board of Trustees Meeting Agendas | September 5-7, 2018
All meetings Room 136, Naito Building, UO Portland. Livecast links will be posted here.

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President to revisit professor’s free-speech discipline case

No, of course I’m not talking about President Schill’s decision to discipline Law Profressor Nancy Shurtz. Johnson Hall doesn’t make mistakes.

I’m talking about Rutgers President Robert Barchi and a professor who tweeted something stupid and offensive about New York City real estate, near as I can figure. InsidehigherEd has the report here. People complained. An extensive and expensive investigation of the twit apparently recommended some discipline. It also provoked the sorts of criticism that President Schill got for his handling of the Shurtz matter, such as this from Erwin Chemerinsky, now Dean of the law school at Berkeley:

… I, of course, am not arguing that free speech on campus is absolute. Campuses can punish speech that is incitement to illegal activity or that threatens or directly harasses others. Campuses also can engage in more speech, which long has been recognized as the best response to the speech we don’t like. There can be efforts to educate the community about the history of blackface. There should be debates about whether it is ever appropriate to use blackface even when advocating against racism in higher education.

But what campuses never can or should do is punish speech because it is offensive.

I would have hoped a law school faculty and a university president who is a lawyer and law professor would have recognized this. Unfortunately, what happened at the University of Oregon is all too typical of what is happening on campuses across the country where the desire to create inclusive learning environments for all students has led to punishing speech protected by the First Amendment.

Barchi now seems to want to end things, and pulls out the boilerplate every university president should keep in their template folder:

“Like many in our community, I found that Professor ________’s comments showed especially poor judgment, were offensive, and, despite the professor’s claims of satire, were not at all funny,” he wrote. “At the same time, few values are as important to the university as the protection of First Amendment rights — even when the speech we are protecting in insensitive and reckless.”

Which should end things right there – but instead he’s going to appoint another committee.

Attorney General sends special agents to investigate university foundation’s athletic expenditures

That would be New Mexico’s Attorney General. The Albuquerque Journal has the report here:

ALBUQUERQUE, N.M. — The state Attorney General’s Office dispatched special agents to the University of New Mexico Foundation headquarters Wednesday as part of a longstanding investigation initiated after revelations UNM used public funds for an overseas golf trip fundraiser.

Attorney General Hector Balderas’ office acknowledged the agents’ presence at the foundation’s office building but would not say what exactly they were doing or if they had visited the office before Wednesday, referring only to the larger, ongoing probe.

So far as I know Oregon’s Attorney General Ellen Rosenblum is not investigating the University of Oregon Foundation’s athletic expenditures or CEO Paul Weinhold’s promises to make good any losses on the IAAF championships:

Screen Shot 2015-12-19 at 11.33.15 PM

 

Where does Oregon blow the money it’s sucked from education?

$700M Maybe $50m [see comments] on the Cover Oregon website, $200M on green energy tax credits, and now $5M on a sawmill scam, as the Oregonian’s Gordon Friedman reports today. Perhaps his reporting will help trigger a criminal investigation. Or perhaps the Oregon DOJ will keep looking the other way:

… [Oregon Attorney General Ellen Rosenblum], who heads the Oregon Department of Justice, has declined to investigate the Ecotrust deal, spokeswoman Kristina Edmunson said in March. Edmunson said last week that the attorney general is “aware of” Business Oregon’s findings, and that the Oregon Department of Justice has “received new information” about Ecotrust since March. Citing agency policy, Edmunson declined to confirm or deny the existence of an investigation. …

Communications budget to pay for public records access

Obviously this story is not from the University of Oregon, where GC Kevin Reed’s policy is to charge reporters – even student reporters – for documents. Even documents he won’t release after the students have paid, and where VP for Communications Kyle Henley spends his communications budget on propaganda to boost the reputation of UO’s administrators, not provide facts to the public.

No, this is the Grant County Sheriff’s Office, and as the Oregonian’s Maxine Bernstein reports, it took a court case:

Grant County has agreed to pay The Oregonian/OregonLive $28,000 in legal fees that the news organization spent to obtain public records about Sheriff Glenn Palmer’s handling of his office.

The money likely will come out of the Grant County Sheriff’s Office communications budget, said Scott Myers, who leads the county commission. …

Trustees to give Phil Knight an honorary UO degree, then watch football game

Around the O has the news here, with some other stuff about the upcoming UO Board of Trustees meetings which will be held in Portland Sept 6-8. UO faculty aren’t on contract until Sept 15th. Classes don’t start until Sept 24. But hey –  there’s a home football game on the 9th, hence the timing.

I’ll post the traditional user friendly guide to the BOT agenda in a few days.

Big-time college football programs lie about game attendance

Gosh, and I’d alway thought NCAA athletics was the last bastion of honesty and integrity.

The story is from former Oregonian reporter Rachel Bachman, who turned her reporting on various Duck scandals into a WSJ job. Nigel Jaquiss of Willamette Week has a recap for those who don’t want to go behind the WSJ paywall:

A lot fewer people show up for college football games than colleges would like us to believe,the Wall Street Journal reported today. …

“The average count of tickets scanned at home games—the number of fans who actually show up—is about 71% of the attendance you see in a box score, according to data from the 2017 season,” Bachman writes.

The state’s two top programs, the University of Oregon Ducks and the Oregon State University Beavers, were among those who provided information to the WSJ.

The numbers: Oregon announced attendance of 388,000 for all of its 2017 home games but scanned only 304,450 tickets (that’s 78 percent of announced attendance).

Oregon State fared worse: the university announced attendance of 208,524 but scanned only 139,223 tickets (67 percent).