Altman to lose NCAA tournament to Creighton in round 2, on academics

3/10/2017 update: InsideHigherEd has the bracket here:

A reminder that not all coaches exploit their players as much as the Ducks. This tongue-in-cheek bracket is based on the teams “Academic Progress Rate”, an easily scammed measure designed by the NCAA to make big-time college sports took good, and help their coaches get bigger bonuses. More on it here.

3/10/2017: Can Mike Schill and Andy Karduna’s new IAAC help UO’s student-athletes?

Kenny Jacoby had a long piece in the Emerald yesterday on the history of the IAC, PAGIA, and IAAC. The story starts with this:

Connor Johnson, a former longsnapper on the Oregon football team, said it’s a “bummer” how many athletes have to make decisions they don’t want to make due to conflicts with sports.

Almost all the time, he said — whether it’s being unable to enroll in certain majors or take classes that conflict with their practice schedules — athletes are asked to put sports above their education.

“It would be really nice to have the academic people looking out for the athletes so that they’re actually getting a decent education and what they were promised out of high school,” Johnson said.

Johnson said he would be in favor of some faculty oversight when it comes to how the athletic department spends its $120 million budget. Because all the athletic department’s decisions, he said, boil down to money.

It was the Senate Intercollegiate Athletics Committee’s attempt in the fall of 2013 to investigate similar complaints from student-athletes about UO’s Services for Student Athletes – including claims that revenue-sport minority athletes were particularly poorly treated – that was the immediate cause of former UO President Gottfredson’s decision to allow the athletic department and SSA Director Steve Stolp to stop coming to IAC meetings, and then to replace the IAC with the secret PAGIA – although the athletic department had been unhappy with the IAC for years.

I went to the first meeting of the new IAAC last week. AD Rob Mullens and SSA Director Steve Stolp gave the same canned presentations that they used to present to the IAC. I still remember the first time I heard Mullens brag about how graduation rates for UO student athletes were the same as for non-athletes at an IAC meeting. It’s well known that students in the non-revenue sports – particularly women in sports like tennis and soccer – have excellent graduation rates. The problem is the revenue sport athletes, who are pushed by their coaches to train more and study less. So I asked Mullens if he would break those graduation rates out by race, or gender, or for the revenue sports.

He wouldn’t, and he got mad when I pressed him on it. (I eventually got the numbers from Roger Thompson’s office, and now they are supposed to be posted on-line.) So we’ll see if Karduna’s IAAC is any more successful at dealing with the big-money people from the Duck athletics enterprise than the IAC was. It’s not off to a good start.

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:

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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.

University fires coach & brings in Brenda Tracy to talk to the jocks about rape

7/7/2016 update:  At some point you know the Ducks are going to have to do the same. It’s inevitable. Meanwhile CNN has the story on Baylor here. Of course it’s not just the athletes – see Lindo et al.:

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6/24/2016 update: Riley’s footballers hear from Brenda Tracy, OSU rape survivor, while Helfrich’s team hears from Tom Hart about Egyptian prostitutes on Harleys

A guest blogger forwards the following:

Brenda Tracy met with Mike Riley and the Nebraska football team this week.  She’s getting some nice national attention. I looked it up. Lincoln, Nebraska is a 1600 mile trip. Autzen Stadium is about 40 miles away.

Washington Post: https://www.washingtonpost.com/news/morning-mix/wp/2016/06/23/i-hated-this-man-more-than-my-rapists-woman-confronts-football-coach-18-years-after-alleged-gang-rape/

USA Today: http://www.usatoday.com/story/sports/ncaaf/bigten/2016/06/22/rape-survivor-brenda-tracy-meets-nebraska-coach-mike-riley-oregon-state/86270018/

Said Riley in a statement released Wednesday night: “As part of our ongoing educational efforts, I invited Brenda Tracy to Lincoln, to share her experiences with the young men in our program.  Brenda has suffered immeasurable pain and has shown the strength and willingness to share her story. Her story today was powerful and I know that it left an indelible imprint on our student-athletes, staff and myself.”

Riley also expressed “sincere gratitude” for Tracy’s willingness to come to campus and meet with him.

“This has been an important day for me and for our football program and we must keep the focus on the victims, and on preventing inexcusable acts in the future,” Riley said.

Tracy is the survivor of a sexual assault by two Oregon State football players and two others, 16 years ago. She went public after newspapers broke the story of the alleged UO basketball player gang rape of Jane Doe. John Canzano published Ms Tracy’s horrible and courageous story in the Oregonian, here, Kurt Krueger, the chair of the UO Senate’s Intercollegiate Athletics Committee, invited her to speak at UO. Here is her story, which must be heard:

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Meanwhile, here’s some information on how the Ducks have been handling sexual assault prevention training

6/6/2015 update: Prostitutes from Russian motorcycle-mob strip clubs lead Duck athletes astray?

Before you page down and watch the video of UO Basketball coach Dana Altman do the duck and weave with reporters about alleged gang rape by his basketball players, and check out Tom Hart’s powerpoint presentation telling football players to watch out for Russian prostitutes hired by Egyptian motorcycle gangs, please watch some of the Brenda Tracy video.

 

8/22/2014 update: Sure enough, this presentation on how football players can avoid getting assaulted, and advertised as “Sexual Assault Awareness” was one of the few things the Duck AD could point to as examples of “Sexual Education” they provide their athletes. Note that the athletic department’s Katie Harbert – who was also the instructor of record for the Ducks athlete-only sham FHS 199 course – began collecting these documents a full month before the rest of the campus learned of the basketball rape allegations:

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8/21/2014: Updated below with redactions from Gottfredson’s Sexual Assault Review Panel of the doc showing the “Team Rule” to call Tom Hart’s *personal* phone if in trouble with police.

8/20/2014: At his May 9th press conference a question from a UO student (whom the Ducks had tried to keep out) revealed that Dana Altman was very confused about what sort of sexual assault prevention training his athletes had received:

Now we know a little more. The athletics department is worried that it’s their players – and their coaches, and NCAA eligibility – that might be the victims of sexual assaults from predatory prostitutes, controlled by Russian/Egyptian motorcycle gangs. Or at least that seems to be the warning in this bizarre powerpoint from Tom Hart, hired in 2011 as Director of Duck Security and Facebook Monitoring (contract here).

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Hart is still on Rob Mullens’s payroll, as “Professional Development Coordinator”:

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This and some other fascinating documents from the athletic department – more revealing than anything Mullens has ever showed the IAC without me first filing a petition with the DOJ – were posted yesterday on the Gottfredson SARP website:

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Today, less than 24 hours later, the good stuff has been taken down and replaced by a sanitized set of links:

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But don’t worry, we archived it:

Athletics

Athletics Documents Overview
President’s Panel – Part 1
President’s Panel – Part 2
President’s Panel – Part 3
President’s Panel – Part 4

I’ll try to dig through these as I have time, but I immediately see the student-athlete conduct handbook, numbers on GPA and SAT scores for special admits by team, data on majors, and a statement that seems to back off previous claims from the AD that the Senate was to blame for canceling the FHS 199 class , and thereby preventing them from educating their players about sexual assault and harassment.

Update: Even Winston Smith would be confused. Now the SARP has reposted the Hart powerpoint – “with personal phone numbers removed”:

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So Hart is using a personal phone to take calls from athletes in trouble with the cops? I hope he’s keeping Jim O’Fallon, Jody Sykes, and the NCAA in the loop on that idea.

Resolved: The Faculty and Senate admit we’ve lost institutional control of Duck Athletics

Mike Gottfredson’s pick for Faculty Athletics Representative Tim Gleason (Journalism) and current Senate IAC chair Andy Karduna (Human Phys) are going to present the Senate with a proposal to replace the Senate’s Intercollegiate Athletics Committee with a “Presidential IAAC” that the administration can control. See below for details. Given the long history at UO and other universities of the failure of shared governance when it comes to big-time athletics, I am considering proposing the following resolution instead:

Whereas: Our repeated Petitions have been answered only by repeated injury and a long train of abuses and usurpations, pursuing invariably the same Object;

Resolved: That the University of Oregon Faculty and Senate declares that all connection between the Duck Athletic Department and the University of Oregon’s academic mission is and ought to be totally dissolved. We renounce any pretense that the Senate or the Faculty operating through the institutions of shared governance has any influence over academic matters involving Duck Athletics. We dissolve the University of Oregon Intercollegiate Athletics Committee and we refuse to replace it. We leave all responsibility for academic matters peculiar to the NCAA and Intercollegiate Athletics to the UO President and UO’s Faculty Athletics Representative, who serves at the President’s pleasure and who does not represent the Faculty. We advise all faculty to refuse to serve in any role connected to athletics including presidential advisory committees and special athletics admit committees. We encourage all faculty to make their best efforts to advise and educate those athletes who take their classes just as they would any student, and to catch a few games if they have time.

Further Resolved: That the UO Senate asks the UO administration to follow our lead on this, and shift their own time, efforts, and resources away from promoting, apologizing for, and defending Duck athletics in the press and the courts, and back towards doing more to help advance UO’s academic mission.

Here are my references for an upcoming Senate meeting on the IAC charge, so I’ll have them in a convenient place. In chronological order. I’ll add more later. My old list of athletics docs is here.

  • 2001-2004 Athletics Task Force Report. A thorough, well researched, inclusive, and mostly failed attempt to strengthen UO faculty governance over athletics and get some benefits for the academic side. Authors included President Dave Frohnmayer, Athletics Director Bill Moos, Nathan Tublitz (Bio), Jim Earl (English), etc.
  • 2004 (current) Senate IAC charge and membership, passed in 2004 in reaction to above. Senate IAC archives including minutes. Additional Senate athletic document archives. Old Senate IAC charge and useful definitions of terms.
  • 4/19/2012 IAC meeting on the IAC charge. Bob Berdahl, Rob Mullens, and Jim O’Fallon were trying to gut the IAC. The official recording of the meeting (in lieu of minutes, made with the knowledge of all in the room) is here as an MP3. The powerpoint I am discussing, which put Jim O’Fallon (Law, longtime UO Faculty Athletics Representative) in a tizzy, is here.  
  • 2012 emails between IAC Chair Nathan Tublitz and Interim UO President Bob Berdahl, in which Nathan explains a few things about shared governance to Bob, here.
  • UO runs athletic “special admits” through a special committee, refuses to allow IAC participation or membership on that committee. (Senate motion.)
  • 2015 FAR election legislation
  • Some history of the 2014 Presidential Advisory Group on Intercollegiate Athletics (PAGIA). John Canzano’s report in the Oregonian.
  • 2016 draft of the proposed charge for a presidential Intercollegiate Athletics Advisory Committee (IAAC) to replace the IAC, written by Andy Karduna (Human Phys and IAC Chair) and Tim Gleason (SOJC and FAR).
  • Emails to IAC about IAAC, suggesting the faculty and Senate stop pretending we can influence athletics, and Gleason responses.

Intercollegiate Athletics Committee to meet Wed, 2PM, 340 HEDCO

The IAC’s charge and membership are here.

AGENGA

2015/2016 Intercollegiate Athletics Committee, Location: HEDCO 340

Day: Wednesday, January 6, 2016, Time: 2 pm

Tentative Schedule

2:00     Review and approval of minutes from last meeting

2:05     Chair report

2:15     Overview of Athletic Department NCAA and Pac-12 Compliance Activities

Jody Sykes, Senior Assoc. Athletic Director, Chief Compliance Officer

Tim Gleason, Faculty Athletics Representative 3:00

3:00     Discussion about revising the committee charge

Will Econ grad Dakota Prukop take a class at UO from Harbaugh?

Ken Goe of the Oregonian asks the question, here. The Duck’s new QB is an Econ major at Montana State, and will come to UO as a grad student.

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As it happens, I have two degrees in economics from Montana State University, a BS and an MS. I transferred there after a year at Columbia University in NYC. I got a better education at MSU than at Columbia – it’s one of the reasons I’m an enthusiastic supporter of the academic mission of public universities like UO. The professors there were inspiring teachers for me.

And, by the time I graduated, I’d turned them into decent backcountry telemarkers too:

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The MSU economics program is pretty rigorous, so I’m very happy to hear that the Ducks have recruited Mr. Prukop. I’m guessing that AD Rob Mullens’s $200K academic fixer, Lorraine Davis, didn’t even need to bend the rules or lean on any faculty to get him admitted as a grad student. Maybe a few free tickets to the members of Roger Thompson’s special admits committee, which I assume the NCAA would not have any problems with. Probably better not to ask though.

I don’t know what department Mr. Prukop will be getting his MS from, but I’m hoping he can find time to talk with some of the UO economists about the NCAA cartel, a classic economic example of monopsonistic exploitation. If Tom Hart and Craig Pintens will let him talk, that is.

Kim Sheehan and Tim Gleason won’t share PAGIA agendas, Coltrane wants $151.78

3/20/2015 update:

From: “Thornton, Lisa” <pubrec@uoregon.edu>
Date: March 20, 2015 at 4:39:23 PM PDT
Subject: Public Records Request 2015-PRR-201

Dear Mr. Harbaugh:

The University of Oregon has received your revised public records request for “just the b) part” of your request made 02/26/2015, attached. The office has at least some documents responsive to your request. By this email, the office is providing you with an estimate to respond to your requests.

The office estimates the actual cost of responding to your request to be $151.78.

3/19/2015 update: Coltrane’s PR Office wants $732.92 to show what his secret athletics committee is doing

The University of Oregon, Office of Public Records has received your public records request for “any documents sent or received by the President’s Office relating to former President Gottfredson’s decision to establish the “President’s Advisory Group on Intercollegiate Athletics”, the determination of its membership, and its activities since”.  The office is now providing an estimate to respond to your request.

The office estimates the actual cost of responding to your request to be $732.92. Upon receipt of a check made payable to the University of Oregon in that amount, the office will proceed to locate, copy, and provide the records you have requested that are not exempt from disclosure.  Your check may be sent to the attention of Office of Public Records, 6207 University of Oregon, Eugene, OR 97403-6207.

Maybe the PAGIA Chair, Kim Sheehan (Advertising), or UO’s new FAR Tim Gleason (former Journalism Dean) will help make these public records public?

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IAC affirms assault prevention report, despite Sheehan and Paris opposition

10/28/2014: The Senate Intercollegiate Athletics Committee voted today to approve the following resolution, over the objections of Professors Margie Paris (Law) and Kim Sheehan (Advertising):

Resolved:

The IAC affirms its support for the Senate Task Force on Sexual Assault Prevention recommendation #1.4, and will work to interpret and implement it.

[That recommendation states: 

1.4. Empower the Senate Intercollegiate Athletics Committee (IAC) so that it can address
sexual violence issues as they pertain to athletics:

The elected Senate Intercollegiate Athletics Committee (IAC) is key to implementing education
about sexual violence. The 2014 NCAA report “Addressing Sexual Assault and Interpersonal
Violence: Athletics’ Role in Support of Healthy and Safe Campuses,” emphasizes the
importance of Athletics’ collaboration with the rest of the campus. The policy and practice of
faculty legislative involvement in oversight of intercollegiate athletics at the University of
Oregon date back to October 5, 1895. At that time, the Faculty Assembly, meeting with the
University President, voted to create the University Committee on Athletics. In September 1902,
the faculty added undergraduate students and alumni to the committee.24 The Intercollegiate
Athletics Committee of the University Senate operated in its current form for several decades
until former UO President Michael Gottfredson announced that the Athletic Department would
no longer meet with the IAC. Shared governance, an ideal and policy of the University of
Oregon since the adoption of its charter nearly 140 years ago, is essential to the adoption of
policies and practices that will reduce sexual violence at UO. It is essential that the University
President instruct the Athletic Department to cooperate with the Senate IAC on this important
matter. This cooperation must include a willingness to provide requested information and
cooperate with suggested programs, particularly on matters that can reduce instances of sexual
assault perpetrated by, or on, student athletes as well as promulgating more generally values and imagery regarding gender and sexuality that may promote or reduce sexual violence. The goal of a safe education for students, in a university that is free of the scourge of sexual violence, can only be achieved if all parts of the University are told that they must engage with the shared
governance structures that are dedicated to that education.]

This recommendation requires cooperation with the Athletics Department. The Athletic Department is currently not cooperating with the IAC.

Therefore we request that the Senate pass our charge, after review, as legislation. [Legislation would require that Interim President Coltrane accept, or explain his objections, potentially to a faculty assembly].

Given the urgency, we ask that the Senate Executive Committee work to get this done by November 19th, 2014.

KMTR TV has a report on the meeting here:

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Paris was Senate President last year, and Sheehan is the chair of the “President’s Advisory Group on Intercollegiate Athletics” which President Gottfredson established the day after he finally picked up the EPD report on the basketball rape allegations. The timeline is here:

April 14: The EDP tells UO that their investigation is complete. Under the Clery Act UO was required to begin its own investigation “immediately” after learning of the allegations, but certainly no later than the conclusion of the police investigation. Any UO investigation would have started with the EPD report. But despite EPD requests, UO did not even pick up a copy of the report until April 28. (April 24 in some reports.) That’s 50 days after Gottfredson knew of the alleged rape.

April 21: UO General Counsel Randy Geller tells President Gottfredson he is resigning. The campus is not told until May 5.

April 25: Deadline for basketball season tickets and donations.

Season ticket application deadline & half of DAF donation is due.
Priority points calculated for season ticket and single game benefits.

April 28: UO finally picks up its copy of the investigation from the EPD. (April 24 in some reports.)

April 29: UO’s official “Around the O” blog reports that UO Professor and co-founder of the UO Coalition to End Sexual ViolenceJennifer Freyd (Psychology) has gone to the White House for the announcement of new Title IX rules strengthening universities sexual assault reporting and prevention efforts.

April 29: President Gottfredson suddenly announces he will not require AD Rob Mullens or other athletic department employees to meet with the UO Senate’s athletic oversight and advisory committee, the IAC. Quoting a report by IAC chair Rob Illig (Law) that was never approved by the IAC or the Senate, Gottfredson says he will establish his own “Athletics Advisory Council” and make his own appointments.

The UO Senate Executive Committee declines to cooperate with Gottfredson’s request for nominations to his AAC, until further discussion. Details and documents here.

Sheehan and Paris had the opportunity to speak at length and explain their opposition to this motion. [A recording is available on request, if I can figure out how to get it off my phone]. After more than an hour of discussion, the IAC voted to end debate and then voted to pass the resolution.

10/27/24: IAC to hold emergency public meeting on athletics and sex assault prevention

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Gottfredson unable to find qualified “Faculty Athletics Representative”

9/22/2014 update: Gottfredson’s last official act before skipping town with his $940K was to appoint former journalism dean Tim Gleason to replace longtime NCAA Faculty Athletics Representative Jim O’Fallon (Law), after presumptive heir Rob Illig (Law) crashed and burned with his viral “I’m worth $1M, so screw you unemployed law grads” campaign. The FAR’s are having their national meeting in November in New Orleans. For more info about what the FAR is supposed to do to balance the interests of big-time Duck sports and its multi-million dollar employees with our academic mission, try here. Meanwhile the UO Senate needs to decide what to do about Gleason – specifically this proposed legislation from Pedro Garcia-Caro calling for a Senate role in appointing a new FAR.

7/21/2014 update:

This winter Gottfredson set up a search committee to find a replacement for Jim O’Fallon (Law), who has had the FAR job for 25 years and who been the subject of repeated Senate motions and reports calling for a review and replacement. The Senate will take this up again in the fall. Andy Karduna (Human Phys) agreed to chair the committee, despite Gottfredson’s secrecy requirements. Karduna reported to the IAC and the Senate that the secrecy (and presumably Gottfredson’s control-freak job description and the requirement of a year-long apprenticeship to O’Fallon) kept several qualified and interested faculty from applying. Rumor has it that Rob Illig (Law) wanted the job, but his $1 Million salary goal was a bit too steep. The appointment was supposed to be made in June, but apparently there are still no takers.

6/20/2014 update: Gottfredson appoints IAC-lite, to evade faculty oversight of athletics

The day after President Gottfredson got the EPD report on the basketball rape allegations he decided to dismantle the Senate Intercollegiate Athletic Committee and appoint his own handpicked group of faculty to a new “Advisory Group”. Still no word on who Gottfredson will appoint as FAR in training. At least a few qualified and interested faculty refused to apply under the terms of Gottfredson’s secret search. The Senate will vote on legislation for a new search in the Fall, in any case.

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Dana Altman’s lax recruiting practices continue, where’s Lorraine Davis?

9/17/2014: Justin Wise has the story in the ODE, here. After Brandon Austin you’d think Dana Altman would be a little more careful vetting his players, but apparently 2 of his new recruits have failed to meet UO’s academic standards (or those of the notoriously lax NCAA). No word if Lorraine Davis’s Special Athletic Admits Committee approved them. The IAC will take up a resolution tomorrow (below) to appoint a member to her committee.

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$10M softball stadium gift $1M short

Former President Gottfredson’s biggest fundraising success was $10M for a softball stadium. Press release here. Unfortunately Campus Planning estimates the stadium will cost us $11M:

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I wonder what hidden strings this gift came with. I should know, since I’m on the Senate committee charged with reviewing these athletics gifts. But Gottfredson, and now Coltrane, are refusing to let the IAC do its job, and instead have set up their own secretive athletics advisory group.

Former IAC chair Brian McWhorter (Music) composes Track & Field march

Former RG reporter Greg Bolt has the story in “Around the 0”, here. Pretty cool. I’m having a hard time maintaining my usual cynicism on this one, which certainly raises the bar for Gottfredson’s hand-picked IAC-lite replacement committee. Check out Professor McWhorter’s youtube videos here. Mostly safe for work, except the RNC theme song, here (McW’s on the left).

Update: Mary Pilon has a great story on Professor McWhorter in the NYT, here. Ms Pilon has a track record of interesting stories on IAC members. Her 2011 piece on Professor Glen Waddell’s study showing how football wins lower student grades is here.

UO Athletics Committee member arrested after posting video of meeting.

Video and interview with the recently released perp here.

Oh wait, that was at the Supreme Court last Wednesday – apparently it’s the first time in history that anyone has managed to get video from inside the court. The SCOTUS arrested the protestor, then according to this NYU law blog, deleted all references to the protest and arrest from the minutes of their proceedings. (Thanks to UO Journalism Prof and First Amendment Chair Kyu Ho Youm’s excellent twitter feed for the link.)

So, what about UO’s Intercollegiate Athletics Committee? At its most recent meeting Chair Rob Illig (Law) and Senate President Margie Paris (Law) launched an attack on IAC member Bill Harbaugh (me), claiming I was responsible for the Athletic Department’s lack of trust in the committee’s willingness to keep the Ducks peculiar finances and activities as secret as they would like them to be.

The minutes of the meeting detailing this attack and the objections to it raised by myself and other IAC members, which were kept by an athletic department employee, are supposed to be made public. So I asked Illig for a copy. No answer. Other IAC members also asked. Eventually Illig sent his response: He will not release the minutes of any IAC meetings.

OK Professor Illig, let’s go there:

Dear UO Public Records Officer Thornton:

It seems strange that the member of a Senate committee should have to make a public records request in order to see the minutes of a meeting of that committee, but that seems to be the message Professor Illig is sending in his email below.

Therefore, this is a public records request for a copy of the any notes taken by AD employee Colleen Morgan during IAC meetings this academic year.

I ask for a fee waiver on the basis of public interest.

As IAC chair, Illig’s charge is to report on the following to the UO Senate in writing by Monday, and then answer questions on Wednesday, in public and on video:

a) issues related to student athlete welfare;

b) priorities for the athletics department (and the relation of these priorities to the university mission);

c) the financial status of the athletics department;

d) planned expansion, remodeling or removal of athletics facilities;

e) changes in the status of sports teams;

f) changes in facilities management that might affect the university community;

g) any major violations by the athletics department, and their resolutions;

h) possible roles for faculty governing bodies to assure that academic policies and practices are consistent with supporting the intellectual growth and academic success of student athletes and the viability of athletics as an integral part of campus life;

i) any others topics the athletics director deems relevant to the university community.

(2) The chair of the IAC shall provide an annual report to the University Senate during spring term.  This report should cover IAC involvement on the issues stated above and an assessment of the consistency of athletic policies and practices with the academic mission of the university.

Illig hasn’t pursued any of these matters, so it should be a short report.

What do we need to do to make the IAC chair do his job? Legislation. On Wednesday the Senate will vote on the following motion:

The Senate Directs the IAC to Report on UO’s Academic Support for Student Athletes

1.1 WHEREAS, the issue of the academic opportunities and outcomes of student-athletes is of longstanding concern, dating to a 1905 White House meeting by (U.S.) President Theodore Roosevelt that led to the creation of the NCAA’s predecessor organization[i], and as most recently demonstrated at the University of North Carolina, where a professor has been indicted by a grand jury on charges of  providing sham courses to student-athletes[ii]; and

1.2 WHEREAS the University of Oregon’s Intercollegiate Athletics Committee’s charge includes the duty to

“Promote and safeguard opportunities for student athletes to excel in academics and protect and ensure the academic integrity of student athletes”[iii]

; and

1.3 WHEREAS the UO Athletic Department and/or the Jaqua Center have required that UO student-athletes take classes taught and graded by Athletic Department employees, which from the syllabus do not appear to meet UO’s regular academic standards[iv], which were not submitted to the Senate’s Committee on Courses according to the regular 2-year timeline for new courses, and which were rejected when finally submitted for review[v]; and

1.4 WHEREAS the UO Athletic Department and/or the Jaqua Center have also steered student-athletes into at least one course offered only to student-athletes, in which all those taking the course for a grade were given a grade of A+; and

1.5 WHEREAS this fall the IAC interviewed several former UO student-athletes about their concerns about the academic and career support services they had received from the Jaqua Center, but did not pursue their concerns, or make any report to the Senate, or make any proposals for improvements[vi]; and

1.6 WHEREAS other universities have conducted outside reviews of their academic support for student-athletes, including statistical information on qualifications, academic performance, responses of student-athletes to survey questions, and recommendations for improvements[vii] ; and

1.7 WHEREAS in contrast the UO’s most recent review of support for student-athletes is an internal review, conducted in 2012 by an administrator who (as near as can be determined from the redacted response to a public records request made by the Register Guard[viii]) is not independent of the athletic department, and whose review does not include any analysis of academic qualifications, performance, or career outcomes, or any interviews with student-athletes, or any recommendations for improvements[ix].

Section II:

2.1 BE IT HEREBY MOVED that the University Senate establishes an ad hoc “Student-Athlete Success Committee” comprised of IAC members and other Senate constituents, charged with conducting a review of UO’s academic services for student-athletes, with a focus on how to improve these services, and the academic and career outcomes of student-athletes; and

2.2 BE IT FURTHERMORE MOVED that this committee’s report shall include:

1) an analysis of the academic qualifications and educational and career outcomes of student-athletes,

2) surveys and interviews of current and former student-athletes, including questions about their academic experience at UO, the academic support services they have received at the Jaqua Center including questions about academic advising and support, support for post-graduation job searches, and outcomes,

3) surveys of current and former UO admissions employees and Jaqua Center staff and tutors about these matters,

and;

2.3 BE IT FURTHERMORE MOVED that the Senate requests that the UO Administration provide any necessary assistance for these analyses and surveys; and

2.4 BE IT FURTHERMORE MOVED that the Senate President form the membership of this committee, to be approved by vote of the Senate by the end of its current term, with a report to follow at the first meeting of the winter session of the 2014-2015 academic year.

[i] http://en.wikipedia.org/wiki/National_Collegiate_Athletic_Association

[ii] http://www.nytimes.com/2014/01/01/sports/as-for-athletes-but-charges-of-tar-heel-fraud.html

[iii] http://committees.uoregon.edu/iac

[iv] https://dl.dropboxusercontent.com/u/971644/uomatters/IAC/SAPP/FHS199 Syllabus 2012.docx

[v] http://committees.uoregon.edu/sites/committees.uoregon.edu/files/FINAL-Spring_Report-%285-22-13%29.pdf

[vi] This year’s IAC minutes are missing or were never taken, according to an email to the IAC from chair Rob Illig (Law).

[vii]  E.g. the University of Washington report athttps://www.washington.edu/uaa/downloads/StudentAthleteAcademicServicesEvaluationAndReview2009.pdf

[viii] http://uomatters.com/2013/08/special-agent-lorraine-daviss-secret.html

[ix] https://dl.dropboxusercontent.com/u/971644/uomatters/IAC/SSA Report  2- 2012 _ Final.docx

Sponsor:
William Harbaugh (Economics), Senator

Randy Geller says Senate IAC can hold closed meetings

11/11/2013:

Also see related docs:

From: Randy Geller <rgeller@uoregon.edu>
Date: November 7, 2013 8:22:48 AM PST
To: Robert Illig <rillig@uoregon.edu>
Cc: Margaret Paris <mparis@uoregon.edu>, Michael Gottfredson <mgott@uoregon.edu>, Rob Mullens <mullens@uoregon.edu>
Subject: Public Meetings Law and the IAC

Dear Rob:

I appreciate your patience as we have worked through this issue. I am happy to try to clear up the confusion around the applicability of the Oregon Public Meetings Law (OPML) to meetings of the Intercollegiate Athletics Committee (IAC). The IAC is a committee acting under the authority of the “statutory faculty.” Although not used in Oregon law, “statutory faculty” is a term that is used in the UO Constitution and intended to provide definition to the phrase “president and professors” used in ORS 352.010.

Margie Paris has explained to me that it is your preference and hers that IAC meetings be closed. However, Margie indicated that some members of the IAC desire that meetings be open. I have previously advised you and your predecessor as chair, Brian McWhorter, that nothing precludes the IAC from following the requirements of the OPML. Compliance with the OPML involves a fairly detailed list of obligations (in addition to making certain kinds of meetings open to the public), and you are free to meet these obligations. My advice is simply that the IAC is not legally required to comply with the OPML. Short of full compliance with the OPML, the IAC may choose to open some or all of its meeting time to the public or portions thereof, but Margie explained to me that her concern is that open meetings may narrow the scope of the discussion and the practical ability of the IAC to consider certain matters.

The narrow question at issue, then, is whether the IAC is required to comply with the OPML. This question is answered by determining whether the IAC has the authority to make decisions for or recommendations to a public “body.” In my view, the answer to that question is “no.” This email does not provide, and should not be construed as providing, advice about any other issue.  Specifically, I stress that this discussion is narrowly addressed to the applicability of the OPML to the IAC. It should not be understood to address the scope of the faculty’s authority or the relationship of that authority to the authority of the State Board of Higher Education (SBHE), the Chancellor, or an institutional president.

The OPML applies to all meetings of a governing body of a public body for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter. ORS 192.610(5); 192.630(1). The term “[g]overning body means the members of any public body which consists of two or more members, with the authority to make decisions for or recommendations to a public body on policy or administration.” ORS 192.610(3) (underlining added). The term “[p]ublic body means the state, any regional council, county, city or district, or any municipal or public corporation, or any board, department, commission, council, bureau, committee or subcommittee or advisory group or any other agency thereof.” ORS 192.610. While not binding, the Oregon Department of Justice has opined that an individual official is not a public body. 42 Op Atty Gen 187, 189 (1981); 44 Op Atty Gen 69 (1984). I find the Department’s views to be persuasive on this issue because the use of the term “body” in this context would clearly mean a number of individuals regarded as a single entity (e.g., the “student body”).

Whether the IAC has the authority to make decisions for or recommendations to a public body must be determined by reference to the legislatively-established roles of the SBHE, Chancellor, presidents of the seven public universities, and the professors at each of the seven public universities. The Oregon University System (OUS) was established as a public university system by ORS 351.011. OUS consists of the Chancellor’s Office, the public universities listed in ORS 352.002 and any related offices, departments or activities. The University of Oregon is one of the public universities listed in ORS 352.002 as a public university under the jurisdiction of the SBHE.

Under ORS 352.011, the SBHE, on behalf of the Oregon University System, “shall exercise and carry out all of the powers, rights and duties that are expressly conferred upon the board or that are implied by law or incident to such powers, rights and duties.” Another statute, ORS 351.070, lists some of the SBHE’s authorities. More specifically, ORS 351.070(4)(a) and (b) provide as follows:

(4) Subject to such delegation as the board may decide to make to the public universities and offices, departments and activities under its control, the board, for each public university, office, department or activity under its control:

(a) Shall supervise the general course of instruction therein, and the research, extension, educational and other activities thereof.

(b) Shall adopt rules and bylaws for the government thereof, including the faculty, teachers, students and employees therein. (underlining added).

ORS 351.085 describes the duties and powers of the Chancellor. Subsections (1) and (2) provide as follows:

The Chancellor of the Oregon University System shall exercise, under the direction of the State Board of Higher Education, the administrative and management authority necessary to carry out the policies and directives of the board with respect to the public universities and offices, departments and activities under the control of the board. In carrying out the duties of the chancellor, the chancellor shall:

(1) Serve as chief executive officer of the Oregon University System and administrative officer of the State Board of Higher Education.

(2) Supervise the presidents of the public universities listed in ORS 352.002 and recommend the terms and conditions of their employment to the board, including but not limited to appointment, compensation and termination.

ORS 352.004 describes the role and authority of the president of each of the public universities within the Oregon University System:

The president of each public university within the Oregon University System is also president of the faculty. The president is also the executive and governing officer of the public university, except as otherwise provided by statute or action of the State Board of Higher Education. Subject to the supervision of the board, the president of the public university has authority to control and give general directions to the practical affairs of the public university. (underlining added).

Similarly, ORS 352.010 describes the composition of the faculty and its role:

The president and professors constitute the faculty of each of the public universities listed in ORS 352.002 and as such have the immediate government and discipline of the public university and the students therein, except as otherwise provided by statute or action of the State Board of Higher Education. The faculty may, subject to the supervision of the board under ORS 351.070, prescribe the course of study to be pursued in the public university and the textbooks to be used. (underlining added).

These statutes establish the Legislature’s intended framework for the respective roles of the SBHE, the Chancellor, each institutional president as the executive and governing officer and the president of the faculty of his or her institution, and the “president and professors” as the “faculty” of each institution governed by the SBHE.

Much of intercollegiate athletics would seem to be a “practical affair” of the University, see ORS 352.004, and thus the president’s responsibility, subject to supervision by the SBHE and the Chancellor.

Further, the SBHE has adopted numerous rules and bylaws for the government of each of the public universities, including their faculty, teachers, students, and employees. The SBHE’s policy on Executive Leadership can be found here:

 http://www.ous.edu./sites/default/files/state_board/polipro/BdPol130510.pdf. Parts (F)(1), (6) and (7) are the relevant parts.

The SBHE has also enacted OUS Internal Management Directive Section 8. While somewhat dated, this IMD is still in effect and sets forth the role of the institutional presidents in relation to intercollegiate athletics in a variety of ways. Another IMD is Section 1.130, which designates the president as responsible for the development and administration of institutional policies and rules governing the role of students (which would seem to include intercollegiate athletics) and to “take into account” the views of students, faculty, and others.  The Internal Management Directives are found here: http://www.ous.edu/sites/default/files/about/polipro/files/IMD4-10.pdf

To the extent that the SBHE has acted so as to delegate authority regarding intercollegiate athletics to the institutional presidents (and the directors of athletics), the IAC’s role is to advise the presidents and the directors. Presidents and directors are individual officials and not public bodies. Thus, the IAC is not subject to the OPML because it does not have authority to make decisions for or recommendations to a public body.

Further, to the extent that the faculty have a role relative to intercollegiate athletics, the SBHE’s actions and the UO Constitution both appear to provide that the president, an individual official, is the ultimate decision-maker via a presidential veto that may not be overridden by the professors.

I want to reiterate that the narrow question at issue is whether the IAC is required to comply with the OPML. This question is answered by determining whether the IAC has the authority to make decisions for or recommendations to a “public body.” In my view, the answer to that question is “no.” The answer turns on the word “body” in the OPML. This email does not provide, and should not be construed as providing, advice about any other issue.  Specifically, I stress that this discussion is narrowly addressed to the applicability of the OPML to the IAC. It should not be understood to address the scope of the faculty’s authority or the relationship of that authority to the authority of the State Board of Higher Education (SBHE), the Chancellor, or an institutional president.

I hope that this is helpful.

Randy

Randy Geller

General Counsel

University of Oregon