UO kicks off Constitution Day festivities with warning from Prof Frank Stahl

Sorry, long post, which includes a letter on internal threats to the principle of shared governance from Professor Emeritus of Biology Frank Stahl, and information on the 2012 threat from the administration to dissolve the UO Senate and Faculty Assembly.

Five years ago on Dec 15th 2011 the UO Faculty Assembly ratified the UO Constitution, codifying the roles of the Senate and the Faculty Assembly in shared governance. President Lariviere signed it on Dec 15th, as his last official act:

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To mark the 5th anniversary, Professor Emeritus of Biology Frank Stahl sent this letter on his concern that the closed Faculty Advisory Council may subvert the open processes of the Senate:

On Constitution Day, the Old Man Reflects on Governance

The University of Oregon Charter dictates that the President and professors share the responsibility for governing the University: “The President and professors constitute the faculty of the University, and, as such, shall have the immediate government and discipline of it and the students therein…” (Oregon Revised Statutes, ORS § 352.010; originally section 14 of Law No. 9, Oregon Laws 1876)

Over the years, University governance drifted away from the requirements of the Charter, until, in November, 2008, a letter from the Oregon Department of Justice (DoJ) (www.uoregon.edu/~assembly/dirSF/dirExtra/DOJOP6735.pdf) condemned the UO’s entire governance structure as being in violation of that law.

The DoJ letter prompted the University to create a University Senate with governance authority (and broad membership) subject to oversight by an Assembly (comprised exclusively of Statutory Faculty). These governing bodies, and the relations between them, were defined in a Constitution that prohibited the Senate from delegating any of the governance authority entrusted to it.

UO Constitution, Section “7.1 … The governance authority conferred upon the University Senate may not be delegated in whole or in part to any officer or committee of the University Senate or to any other body.”

However, the Senate does appear to have delegated governance authority to its Faculty Advisory Council. This Council (FAC) has all the trappings of a branch of governance and is insulated from all oversight (December 15, 2015, Senate meeting). Officially, the FAC is charged with being “…responsible for providing the President and other Administration officials with faculty opinion and counsel on the wide range of university affairs.”  It is composed of elected faculty members, the Provost and Assistant Provost, the ASUO President and a couple of elected Officers of Administration as well as the Senate President and Vice President and, of course, the University President. It is allowed to operate in secrecy. The FAC’s charge naively states, “The FAC is purely advisory…”

But, what is the reality of the FAC?  Its composition gives it the gravitas of a governance body, and the FAC has labeled itself as a component of governance: “It [the FAC] is a key arm of shared governance.” (End of year FAC report, June 2013.)  One might say, “If it looks like a duck and quacks like a duck … “

Harm to the Senate: By looking like a powerful secret body, the FAC attracts governance activists. In so doing, it starves the Senate of candidates, weakening that body. The harm done to the Senate doesn’t end there.

Conflicts of Interest: As ex officio members of the FAC, the Senate President and Vice President are confidential advisors to the University President. At the same time, the Senate Officers have been elected, by the Senate, to openly serve the Senate in its role as the channel by which the Faculty can make its wishes known and acted upon. Do you think that being in service to both the President and the Senate creates the potential for conflict of interest?  You can bet your old Nike AJs it does!

Presidential Interference in the Senate? An early, post 1996, Senate President asserted (to me) that a University President sought to manipulate Senate activities by pressuring him.  Later, in 2002, a President pressured the individual Senators (http://www.dailyemerald.com/2003/02/20/assembly-opens-iraq-dialogue/) to forgo both debate and voting on a certain resolution.

Subsequent examples of apparent presidential interference in the operations of the Senate are only inferred and best left unsaid.  However, the charge of interference gains credibility by the recent public testimony of a former Senate President that the University President does, indeed, interfere with the Senate (at 2:18;50 of the video at https://youtu.be/qn1T21TlS_0?t=2h8m2s).

      The President is, of course, free to influence the Senate by making his views known. He can efficiently do that by addressing the Senate in open forum. (That’s why the Constitution made him a non-voting member of the Senate.)  But influence becomes interference if the influence is concealed under a cloak of confidentiality, which is handily available in the FAC.

What can the Senate do to help secure a future for open, shared governance? Deep-sixing the FAC would be the best solution. The gains in the goal of transparent, constitutional governance are obvious. The losses include the FAC members’ weekly(?) hot lunch in the JH conference room.

         A less draconian step would be the removal of Senators from the FAC. This simple step would both reduce the FAC’s temptation to act as a governance body and would eliminate the lever by which the President can exert cryptic control of the Senate. It would also relieve the Senate Officers of the obligation of performing as Confidential Advisors to the President, freeing them to more fully serve the Senate.

The future of our Constitutional shared governance depends on acceptance of the Senate as the University’s sole body of internal governance. The Senate can achieve that acceptance only by freeing itself from control by the FAC. Go, Ducks!

Speaking for myself, I disagree that there is a conflict between faculty participation in open shared governance via the Senate and the closed (but elected) Faculty Advisory Council. I think they are complementary, and the more overlap between the two bodies the better. While President Michael Schill has done a lot to promote shared governance through the Senate, and make it more effective, I think future threats to shared governance with some future president are more likely to come from some future administration appointing un-elected faculty to its own “Advisory Groups”.

The extreme case would be this secret plan devised by former GC Randy Geller under Interim President Bob Berdahl. The Senate only found out about this plan from the fortuitous release of the digital Presidential Archives, or as current Deputy GC Doug Park calls it, “The Incident”:

1/4/2015: The UO administration’s secret plan to abolish the UO Senate

UO Matters operatives have obtained a “confidential” memo from former UO General Counsel Randy Geller to former Interim President Bob Berdahl, recommending that Berdahl abolish the University Senate and prohibit most faculty members from being members of the Faculty Personnel Committee, Faculty Advisory Counsel, Student Conduct committee, the Intercollegiate Athletics Committee, etc.

Geller made this recommendation three weeks after the administration admitted defeat over the faculty union. The full memo is here. As you can see it advises:

1) abolition of the current UO Senate and all its committees;

2) creation of a new faculty-only Senate, limited to making recommendations to the administration;

3) membership on key committees to be restricted to non-bargaining unit faculty; and

4) other committees replaced by “administrative advisory groups” serving at the president’s pleasure.

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Geller’s proposal seems insane, but key parts of it have already been implemented, and it seems the likely source for the statements Interim President Coltrane made at the December emergency Senate Exec meeting about the need for changes in faculty governance “given our new unionized environment”. Coltrane has kept the administrative advisory groups that Bob Berdahl and Mike Gottfredson set up to replace Senate committees, such as the President’s Advisory Group on Intercollegiate Athletics, the Budget Advisory Group, and the Public Records Administrative Advisory Group.

Coltrane has also been working with new UO AVP Chuck Triplett (the former OUS apparatchik who helped Pernsteiner fire Richard Lariviere) and new University Board Secretary Angela Wilhelms to set up a President-appointed Policy Advisory Committee, and revoke the faculty authority that has existed since the founding of the University of Oregon and which is a normal part of faculty governance at other universities. …

UO Senate blog open for comments on teaching release policy, academic matters definition, mandatory reporting, etc.

The new Senate blog is part of the new Senate website at senate.uoregon.edu. The blog link is in the upper right hand corner. Anyone can see everything, and anyone with a uoregon.edu email can post comments – your email address will show up as “author” (there’s a log in screen first, for commenting.)

UO Board meetings video: Senate myths, Divest UO, Deady denaming, etc

The UO BOT does not post videos of the board meetings – so UO Matters operatives will do it for them. More to come. (Links fixed, thanks.)

Randy Sullivan’s farewell speech to the Board: “Six Myths the UO Trustees believe about the University Senate” starts at https://youtu.be/qn1T21TlS_0?t=2h8m2s

Faculty Union President Michael Dreiling explains to the Trustees how UO gives its students education in science, finance, and politics – and they’re now using it to fight for CO2 reductions. Starts at https://youtu.be/qn1T21TlS_0?t=1h8m9s, the students follow Dreiling.

UO alumni and faculty use the Black Students campaign to rename Deady and the Boards public comment period to teach us all a little Oregon history. Starts at https://youtu.be/qn1T21TlS_0?t=1h36m2s. I’m hoping history lessons will become a regular part of the board meetings. I’m working on a talk about Treetops, Phimister Proctor, and Irene Hazard Gerlinger.

ASUO Student Government President Helena Schlegel – chased off the board by Chair Chuck Lillis – returns for a postscript. starts at https://youtu.be/qn1T21TlS_0?t=1h57m45s

Today: Senate to elect new VP, awards, remarks from Pres Schill, reception

After informative statements from both candidates, and questions, the Senate elected Chris Sinclair as VP and President Elect.

Video from last week’s meeting is here: https://youtu.be/5dU4fTgPmww

Senate Meeting Agenda May 25, 2016. 

Browsing Room, Knight Library; 3:00-5:00 pm

3:00 pm    Introductory Remarks, Senate President Randy Sullivan

3:00pm    1.   Call to Order

3:05 pm    2.   Approval of Minutes 2.1      May 18, 2016

3:05 pm    4.   New Business

3:05 pm          S.1      [Suspension of the Rules] Report: “Academic Continuity;” Academic Integrity Taskforce

3:20 pm          4.1      US15/16-30: Addendum to Spring 2016 Curriculum Report: Minor Changes to the MA/MS in Folklore:Public Folklore track; Frances White (Anthropology), Chair of the Curriculum Committee

3:25 pm          4.2      US14/15-40: To Promote Representative Attendance at Senate Meetings; Senate Executive Committee

3:35 pm          4.3      US15/16-31: Announcement and Confirmation of Spring 2016 Committee Appointments; Committee on Committees

3:45 pm          4.4      Election of the Senate President-elect (Vice President) for 2016-2017

Chris Sinclair
Associate Professor
Mathematics
csinclai@uoregon.edu
Rich Margerum
Professor/Dept Head
Planning, Public Policy & Management
rdm@uoregon.edu
Candidate Statement Candidate Statement

After informative statements and questions, the Senate elects Chris Sinclair as VP and President Elect.

3:55 pm          4.5      Year – end remarks by President Schill

Thanks to Randy Sullivan for doing the difficult job of Senate VP so well. Generally pleased with the progress over the past year.

4:15 pm          4.6      UO Senate Award for Shared Governance, Transparency, and Trust: Bill Harbaugh, Professor (Economics)

4:25 pm          4.7      UO Senate Classified Staff Leadership Award: Dorothy Attneave, Campus Planning, Design &  Construction

4:35 pm          4.8      UO Senate Wayne Westling Award: Robert Kyr, Professor (School of Music & Dance)

4:45 pm          4.9      UO Senate Officer of Administration Leadership Award: Kimberly Johnson, Office of Academic Advising

4:55 pm          4.10    Passing of the Gavel to the Incoming Senate President Bill Harbaugh (Economics); Randy Sullivan (Chemistry), Outgoing Senate President

4:55 pm    5.   Open Discussion

4:55 pm    6.   Reports

4:55 pm    7.   Notice(s) of Motion

4:55 pm    8.   Other Business

5:00 pm    9.   Adjournment

5:00 – 6:00 pm          Senate Awards Reception – same location

Senate meeting Wed 5/18 on Mandatory Reporting

Live-blogging will be light.

Watch Live

Senate Meeting Agenda – May 18, 2016

3:30 pm    Introductory Remarks, Senate President Randy Sullivan

3:30 pm    1.   Call to Order

3:30 pm    2.   Approval of Minutes 2.1      May 11, 2016

3:32 pm    4.   New Business

3:32 pm            4.2     US15/16/-25: Scheduling of Examinations Policy; Undergraduate Council and Senate Executive Council. Passes unanimously

3:37 pm            4.3     US15/16-24: Major/Minor/Certificate/Program Course Overlap Policy; Undergraduate Council. Passes unanimously

3:42pm             4.4     US15/16-23: Responsible Employee Policy; Committee on Sexual & Gender-Based Violence

The Senate blog has many statements and comments, here.

3:50: Clarifying amendments pass unanimously. The Senate is now working on the version here.

Koopman (Philosophy): Introduces a sunset clause for 12/15/2016, arguing that the policy is important, affects many campus groups, and many different kinds of interactions, and that the Senate needs to ensure that all stakeholders are involved and all issues considered.

Sunset clause passes 27-10. Discussion of main motion resumes.

Koopman lays out the issues:

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He then proceeds to use this to show that mandatory reporting does not need to be universal, and shows the internal contradictions of the proposed policy.

5:30: The policy fails, 15 to 16.

4:50 pm            4.4     US15/16-26: Approval of Curriculum Report, Spring Term 2016; Frances White (Anthropology), Chair, Committee on Courses. Passes unanimously.

4:55 pm            4.5     US14/15-40: To Promote Representative Attendance at Senate Meetings; Senate Executive Committee. Held over.

5:00 pm    5.   Open Discussion

5:00 pm    6.   Reports 6.1      “Academic Continuity,” Academic Integrity Taskforce. Held over.

5:15 pm    7.   Notice(s) of Motion

5:15 pm    8.   Other Business

5:30 pm    9.   Adjournment

Live-blog: Senate meets on Mandatory Reporting / Responsible Employee policy, course overlap

The focus of the meeting was the new “Responsible Reporting Policy”. There was lots of interesting debate, some amendments, and a decision to hold an additional Senate meeting next Wednesday the 18th to continue working on this policy.

DRAFT  Senate Meeting Agenda – May 11, 2016

2015-2016AgendasWatch LiveUniversity Senate Blog

Browsing Room, Knight Library; 3:00-5:00 pm

3:00 pm    Introductory Remarks, Senate President Randy Sullivan

3:00 pm    1.   Call to Order

3:00 pm    2.   Approval of Minutes  2.1      April 20, 2016

3:02 pm    4.   New Business

3:02 pm            4.1      US15/16-29: Repeal of Obsolete OUS Academic Policies; The Senate Curriculum Matters Policy Working Group and the Senate Executive Committee

Discussed at the last meeting, passes unanimously.

3:07 pm            4.2      US15/16-27: Revision of Academic Classification and Rank policy; Senate Employment Matters Work Group and Senate Executive Committee

Dreiling: Asked Triplett that the policy include links to the TRP and emeritus policies. Sullivan: It will.

Passes unanimously.

3:12 pm            4.3      US15/16-28: Revision of Sabbatical Leave policy; Senate Employment Matters Work Group and Senate Executive Committee

Passes unanimously.

3:15 pm            4.4      US15/16-23: Responsible Employee Policy; Committee on Sexual & Gender-Based Violence

Some links and background:

The proposed new policy is here. It repeals parts of old policies.

“2.1 THEREFORE, the University Senate approves of the attached Policy on UO Responsible Employee Duty to Report Sexual Harassment and Sexual Assault.  This policy repeals university policies 580-15-005 through 580-15-010 and 571-03-L(1) through L(4).”

There’s no link to these, and if you google Chuck Triplett’s policy page you get “Your search – 580-15-005 site:policies.uoregon.edu – did not match any documents.” So I asked Triplett for them, and he sent me these files:

Redlined: https://dl.dropboxusercontent.com/u/971644/uomatters/sexassault/UO%20Policy%20571%20003%20Temp%20Redline%20Section%20L.pdf

Clean: https://dl.dropboxusercontent.com/u/971644/uomatters/sexassault/UO%20Policy%20571%20003%20Temp%20Clean%20Section%20L.pdf

Sorry, I’m listening not blogging.

After a thorough debate and several amendments, at 4:52

3:45 pm            4.5      US15/16/-25: Scheduling of Examinations Policy; Undergraduate Council and Senate Executive Council

4:00 pm            4.6      US15/16-24: Major/Minor/Certificate/Program Course Overlap Policy; Undergraduate Council

4:20 pm    5.   Open Discussion

4:20 pm    6.   Reports

6.1      “Academic Continuity,” Academic Integrity Taskforce

4:45 pm    7.   Notice(s) of Motion

4:45 pm    8.   Other Business

8.1      Executive Session – Affirm Award recipients for 4 senate awards

5:00 pm    9.   Adjournment

Closes 5PM today: Vote for UO Senate and Committee membership

Max Thornberry has a story on the Senate in the Emerald, here. Some extracts:

“American universities are the best in the world because of our strong tradition of academic freedom,” [Incoming President Harbaugh] said, “and because of the principle that the faculty, not the administration, controls the academic mission in all its details.”

Tangibly, the effects the Senate has on the school are felt in the forms of new courses and policies regarding majors. Academic matters can be loosely defined as well. The Responsible Employee Policy on sexual assault reporting will be discussed at the Senate meeting on May 11.

The current Senate has been active in the last year, approving 22 resolutions, legislation and policy proposals.

Moving forward, the role that the senate plays is set to increase. President Michael Schill “strongly believes in joint faculty control,” Sullivan said. “I think the senate is playing an increasingly influential role in academic reforms.” [Said outgoing President Randy Sullivan.]

The ballot is here, if you want to see who is running before you go to the voting website.

To vote, log into Duckweb here. If you see a warning about a potentially fatal contagious disease, you’re in the right place. Just click on the faculty/staff icon and it will take you to your ballot.

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The election closes Monday May 9th at 5PM. If you have problems with your ballot contact Betina at senatecoordinator@uoregon.edu.

UO Senate candidates begin posting statements for election

Assuming no technical difficulties, the election will start Monday 4/25 with an email to the Senate constituents. Voting will be done as usual via Duckweb. The draft ballot is here. The Senate Executive Coordinator has asked all candidates for Senate and elected committees to submit statements. Click the hyperlinks in the ballot. Here’s the first:

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If you are running and have not yet set in your statement, email it to senatecoordinator@uoregon.edu.

Senate meets Today at 3 on divorce of Senate & FAC, more policies

Summary: For those of you who skipped the meeting for early cocktails down at the Faculty Club’s temporary location (and Chuck Triplett has your names) here are the highlights:

Senate Pres Randy Sullivan ran another effective meeting. All got their chance to speak, business got done, and new ideas came to light.

Frank Stahl’s motion to divorce the Senate from the UO president’s FAC failed 18-8.

We had a healthy discussion of the upcoming Mandatory Reporting Policy (of sexual harassment and discrimination), developed by the Senate’s CSGBV and brought to the Senate by them on a unanimous vote. Many trade-offs have been worked out, not to everyone’s satisfaction.

The Provost appointed faculty to the search for a new Law School Dean without following UO Policy requiring he first consult with the Senate President and the FAC. The Provost agreed that he shouldn’t have done this, and we’re going to work together to straighten this out. SPQUO.

The Divest UO from CO2 students announced their fiendishly clever “Divest Fund“. Make a donation to the Divest Fund for UO scholarships, and they will hold it in escrow until the end of 2017. If the UO Foundation’s Jay Namyet has divested by then, UO gets the money. If not, it is divided among those universities that have divested. Someone knows their game theory, and it’s not the Foundation’s well paid Chief Investment Officer.

I tried it out, and they even sent a receipt for my taxes.

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Wednesday, April 20, 2016, Watch LiveBrowsing Room, Knight Library; 3:00-5:00 pm

3:00 pm    Introductory Remarks, Senate President Randy Sullivan

3:05 pm    1.   Call to Order

3:05 pm    2.   Approval of Minutes 2.1, April 6, 2016

3:15 pm    4.   New Business

4.1      US15/16-14: Respecting the Differing Roles of the Senate and the Faculty Advisory Council; Frank Stahl, Emeritus in Biology

Fails 18 to 8.

3:35 pm    5.   Open Discussion

5.1       Curriculum and academic personnel policies

Policy Repeal Proposals, via Policy Advisory Council and Curriculum Matters workgroup

OUS 52 Tuition Policy

OUS 12 Centers and Institutes in OUS

OUS 50 Sustainability recommendation

Curricular Policies & Procedures

Admissions Policies and Requirements

Frazee calls to suspend the rules and repeal these now instead of at the next meeting. Needs 2/3, fails.

Policy Revision Proposals

580.020.0005 Academic Classification and Rank 

580.021.0200-245 Sabbatical Leave

Koopman brings up a very interesting point. The university is adopting CBA language as policy for all faculty, including those that are not in the bargaining unit (Law, PI’s with grants and employees). So shouldn’t these employees have some representation on the university’s bargaining team, since they can’t be represented by the union side?

5.2       Responsible Employee Policy; Committee on Sexual and Gender-Based Violence (CSGBV)

Stabile: The committee worked very hard for months writing this policy, and voted unanimously in favor of this policy. Reporting ensures that the university knows about serial perpetrators. Gives survivors many choices – they can go to Crisis Intervention, report confidentially there, and get help and resources.

Murray: Why does it exclude student employees? Matella (GCO): It includes RA’s and GTF’s, but not other student employees because a reasonable person wouldn’t think of them as representing the university.

Frazee: I’d expect my student-orientation employeees (undergrads) to report. They should be given reporting responsibility. Stabile: We could include them. Matella: agrees, this is a choice the university can make, and should discuss.

Margerum: Recalls that last time there were concerns that this might reduce reporting, if students know what they say will be relayed to the authorities.

Stabile: My experience with students is that they come to talk after they’ve had bad experiences with how UO has handled things. I think it’s helpful to be able to tell them “I’m going to help you right now by walking you over to the crisis center where you can get counseling and resources.

Rocklin (Law, Bonine’s surrogate Senator): Students treat my office as a safe place for them to talk, I’m concerned that this will limit my ability to try and help them. Notes that Merle Weiner (Law) will provide a memo with some other issues and inconsistencies in the policy.

Stabile: Just because a survivor reports does not mean that the perpetrator will be notified, etc. There are many options.

Darcy: There are situations where a report will mean that the survivor loses control of how the situation is handled – e.g. if there is a threat to others. Students are never forced to participate.

Matella: Take a look at the student affairs website to see more on the process.

Ahlen: Would like to see an exemption for union stewards acting in their official capacity.

Sullivan reads comments from Freyd:

Dear Committee,

I feel I have failed to express myself clearly and for that I apologize. I have a few thoughts to share on required reporting. I apologize these points are now not informed by the discussion at the meeting yesterday but perhaps some or all will still be relevant for the future.

1) A fundamental injury of sexual violence is to take away the survivor’s autonomy and control . Anything we can do to offer autonomy and control to survivors will be potentially healing. Anything we do that takes it away will be potentially harmful. This I say based on RESEARCH.

2) When we draw conclusions about what reporting environment works based on only those students who report we are losing data from 90% of survivors. We need to be always asking what about the 90% who are not reporting – what can we do to make it safe for them to get their needs met. Why are they not reporting?

3) While the GC office has the duty to protect the university, a committee such as ours should fundamentally be about excellence not liability. The whole exercise of addressing sexual violence will fail if simply pursued for the sake of risk management – we should be as a committee be looking at how our practices are consistent with overall institutional excellence, the alignment of mission/vision/values in the specific context of sexual violence, and the development of a “culture of excellence” that will serve the institution at all levels.

4) One way to pursue a culture of excellence is to step back and identify the goals of any initiative and ask whether there are other ways to meet those goals that might be even more helpful and with fewer negative side effects.

5) Isn’t the specific issue about identifying responsible employees as articulated below by Kevin actually about aligning survivor expectations and perceptions with employee behavior and requirements? If a student believes a report will result in action but it dead ends, that is hurtful misalignment. If a student believes a report will be held in confidence and it is shared, that is also hurtful misalignment. Similarly if a survivor requires privacy but believes they cannot get it from the people they most trust they have a high probability of not reporting to the institution at all. Given this, isn’t the fundamental issue one of clarifying and communicating with students such that they have OPTIONS and very well-tuned expectations? And if so, couldn’t there be options the student has that clarify what will happen with their information and that will give them a path to reporting that they feel good about?

Jennifer

Sullivan: notes that mandatory reporting will only work if the university has effective procedures to deal with the reports and inform everyone at UO of the process. [That hourlong web quiz is not going to cut it.]

4:45 pm    6.   Reports

6.1      Divestment Report; Divest UO. More on this here.

4:45 pm    7.   Notice(s) of Motion

4:45 pm    8.   Other Business

Harbaugh: I discovered this morning that the Provost had begun appointing faculty members to the Law School Dean search committee, because the current Dean had told him that the Law School’s last faculty meeting was Friday. It’s not.

UO Policy requires that the Provost consult with the Senate President and the FAC about the composition of search committees. The Provost agreed that he should have done this, but didn’t. We’re going to work together to straighten this out.

5:00 pm    9.   Adjournment

Senate meets Wed 3-5PM to weaken godless ethics policy, regulate faculty inputs to online classes, and then listen to our students if time permits

Senate Meeting – April 6, 2016. Browsing Room, Knight Library; 3:00-5:00 pm. 2015-2016Agendas,  Watch Live.

Synopsis: Ethics passed eventually. Online input policy passed. At the last minute VP for Student Life Robin Holmes bailed on the student-led discussion of the Mandatory Live-In Policy non-policy, probably preventing any substantive discussion before it goes into effect.

The UO Divest students gave a report on the goals of their sit-in, and reported that the administration has removed their divestment banner from the bush outside JH, claiming it was a “structural element”. This seems like an obvious violation of UO’s free -speech policy and the careful language in the Facilities Use Policy that the Senate negotiated with Lariviere in 2010.

3:00 pm    Introductory Remarks, Senate President Randy Sullivan

3:05 pm    1.   Call to Order, 3:05 pm    2.   Approval of Minutes  March 9, 2016

3:15 pm    4.   New Business

4.1     US15/16-21: Revision of the Code of Ethics in Response to Feedback from the University President; Senate Executive Committee

Live blog: Schill’s not sure why we are bothering with this either. Something we inherited from OUS and it would look bad to ditch it. We then proceed to debate the Public Accountability clause and “inclusivity”. Someone tries to add the dread word “collegiality”. Harbaugh objects unless it specifies “collegiality as defined by New York City best practices.” Collegiality fails. Freyd proposes a simplifying amendment to delete everything after the second period. Passes. Harbaugh moves to change “ensures” to “requires”. Schill agrees. Amendment passes. The Godless UO now has a code of ethics, though the administration reserves the right to take another look.

My post from yesterday:

Yes, AVP for Collaboration Chuck Triplett has brought this back to us once more, for still more debate. And he tells people it’s the *Senate* that wastes time on pointless unenforceable motions? It seems someone in JH has taken a red pen to the public accountability language:

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But our administrators have no problem with this language in the UOPD’s ethics policy:

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Is there none righteous among the Senate, not one, with the stones (or ovaries) to propose an amendment adding God to the UO ethics policy? I’ll second, I swear (or affirm) to it.

OK, so we’re all atheists, just as Ben Carson thought. Well how about sustainability then? Even the godless worship sustainability. Maybe especially the godless. But Triplett’s Policy Advisory Committee is proposing repealing UO’s policy on sustainability, which we inherited from Pernsteiner and Triplett from back when they ran OUS, and before they ran Lariviere out:

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While I don’t doubt that UO’s “green brand” brings in more good students than the Duck’s party school reputation, I’m all for ditching this vacuous policy about “how we can live sustainably on Earth.” Instead we should should support our UO Divest students, who have a practical, well thought out program for reducing CO2 emissions through collective action, which they are working hard to implement.

4.2     US15/16-22: Policy on Undergraduate Online and Hybrid Courses: Student Engagement; Academic Council

Provost Scott Coltrane has appointed VPAA Doug Blandy of all people to lead a task force on online education, but his task force has just begun meeting, and he won’t share the schedule or agenda. Instead this proposal comes from the Academic Council. It does not attempt to deal with cheating or grade inflation in online courses, or evaluate what students might learn from these courses. Instead it’s all about regulating faculty inputs.

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Live-blog: Dreiling wants to see the SEI, here:

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White explains the impetus from this proposal: students were complaining that some online classes consisted of nothing more than video lectures and a final exam.

Koopman asks why the policy does not provide more guidance on what is meant by engagement – instead of defining it as what it’s not.

White: We are working closely with Doug Blandy’s task force to provide more examples in the SEI and other documents. Doesn’t want to give faculty language they can just cut and paste into a course proposal.

Wolverton: Agrees with Koopman, thinks there should be more guidance in the policy. 2.1 should reference the SEI. Furthermore, the SEI tracks *student* engagement, this seems focused on faculty workload.

Question is called, policy passes.

3:45 pm    5.   Open Discussion

5.1       Proposed Mandatory Live In policy for all new incoming students.

Last meeting we had to cut this very interesting student-led discussion off early, for lack of time.

Apparently VPSL Robin Holmes was not prepared to continue discussing the Mandatory Live On Policy for freshman that came up last month.

Senators ask whether or not this is just a delaying tactic on the part of VPSL.  Say it ain’t so!

4:15 pm    6.   Reports

Two UO Divest students, Joey and Nicole report on the progress of their JH sit-in and protest, aimed at encouraging the UO Foundation to divest from those fossil fuel companies that still haven’t gone bankrupt.

The students report that, after 8 weeks of their JH sit-in, the administration has been removed their banner from outside JH.

Dreiling: WTF? Don’t we have a free-speech policy?

Students: They told us that we couldn’t even stand there, because that made us “structural elements of the building.”

Senator: There have been many other banners on Johnson Hall over the years, including one celebrating the last capital campaign. Sounds structural?

Harbaugh: In 2010 the Senate rejected GC Randy Geller’s attempt to write a policy that would allow the administration to remove your banner. Perhaps the Senate should revisit this

Sullivan: Can faculty help out with the sit-in?

Students: We’re there from 9-5.

4:50 pm    7.   Notice(s) of Motion

4:50 pm    8.   Other Business

5:00 pm    9.   Adjournment

Sign up for 2016-17 Senate and Committee service NOW

Time is short. The sign-up for running for election to the UO Senate and volunteering to serve on Senate and University committees is here. It closes tomorrow, I believe:

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You can self-nominate for the elected positions, and indicate which of a plethora of interesting committees that you would like to work with. Remember, only you and shared governance can prevent this:

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Senate for Wed 3/9: Courses, ethics, confidentiality, dorms, sports

Elevator version: John Bonine and Kevin Reed and the Senate had a civil, collaborative, and productive session on the counseling confidentiality motion and the GCO amendment. Many interesting issues came out, thanks to the full engagement of the Senate. Some issues were dealt with expeditiously with new amendments, generally unanimously. Given the April 1 deadline for the emergency policy to expire, the Senate passed the policy with the GCO amendments, after additional needed amendments that arose during the discussion. The Senate will come back to polish it up in a few weeks, if needed, after more discussion with the GCO. This really could not have gone better, and will stand as an example of shared governance at its best.

Agenda  |  Watch Live

Browsing Room, Knight Library; 3:00-5:00 pm

3:00 pm    Introductory Remarks, Senate President Randy Sullivan

3:05 pm    1.   Call to Order

3:05 pm    2.   Approval of Minutes 2.1      February 24, 2016

3:15 pm    4.   New Business

4.1      US15/16:20: Approval of Curriculum Report, Winter Term 2016; Frances White, Chair of Committee on Courses

Yes, this proposal does include a new undergraduate Law course that double-dips on the Gen Ed and MC requirements and will suck off more CAS students:

LAW 301 Youth and Social Change (4) Explore how adults act on youth through law, mass media, policy, and social science, while investigating youth as agents of change, acting on their own perspective of law and justice. Approved to satisfy Category II: Social Science general-education group requirement. Approved to satisfy Category B: Identity, Pluralism, and Tolerance multicultural requirement. Effective spring 2016.

Really? I’m an economist and I’m not even sure that’s a science. But now law is too? I’ve got a request in for the syllabus and justification for SocSci and MC status. At least it’s not online with no proctored exams, like Doug Blandy’s AAD courses. FWIW here is the criteria for Gen Ed status:

The following criteria was proposed by the Undergraduate Council and the College of Arts and Sciences Curriculum Committee. The University Senate approved them in May 2001 by Motion US0001-3 Replacement Motion governing the approval of courses meeting general-education requirements and the distribution of courses student must complete within each group. Revised May 11, 2011 to authorize general education credit for courses waiting for permanent numbers. Revised May 22, 2013 to make clear that repeatable courses are not assigned groups satisfying status. Revised May XX, 2015 to remove the Inter-College General Education Review Committee (ICGER) from the review and approval process.

1. Group-satisfying courses in Arts and Letters, Social Science, and Science must meet the following general criteria:

1.1. Group-satisfying courses in arts and letters must create meaningful opportunities for students to engage actively in the modes of inquiry that define a discipline. Proposed courses must be broad in scope and demonstrably liberal in nature (that is, courses that promote open inquiry from a variety of perspectives). Though some courses may focus on specialized subjects or approaches, there must be a substantial course content locating that subject in the broader context of the major issues of the discipline. Qualifying courses will not focus on teaching basic skills but will require the application or engagement of those skills through analysis and interpretation.

1.2. Group-satisfying courses in the social sciences must be liberal in nature rather than being professionally oriented or limited to the performance of professional skills. They must cover a representative cross-section of key issues, perspectives, and modes of analysis employed by scholars working on the subject matter addressed by the course. The subject matter of the course will be relatively broad, e.g., involving more than one issue, place, or time. Courses with an emphasis on methods and skills will satisfy the requirement only if there is also a substantial and coherent theoretical component.

1.3. Group-satisfying courses in the sciences should introduce students to the foundations of one or more scientific disciplines, or should provide an introduction to fundamental methods (such as mathematics) that are widely used in scientific disciplines. Courses should introduce students to the process of scientific reasoning.

No discussion, passes unanimously.

4.2      US15/16-17: Policy on Confidentiality of Student Health Care and Survivors’ Services Information; Senate Executive Committee

The GCO has proposed redlined revisions to the emergency policy, here. The money graph is in the definitions at the end, although I think there will be new revisions from the GCO proposed at the meeting.

Screen Shot 2016-03-09 at 2.11.02 PM

Yes, there is a new amendment from the GCO, replacing that above. It’s on the Senate screen now, I’m trying to find a link to it. Sorry.

Bonine: Motion to divide the amendment and approve the 2nd paragraph. Passes unanimously.

On to the first paragraph: Burns has questions about the “firewall”. GC Reed discusses the “risk management team” and a situation where it might help deal with, say, a suicidal student.

Harbaugh asks if the “risk management team” would also include GCO reps dealing with malpractice. Reed says yes. Health Center Director Richard Brunader, MD explains his motivation for the amendments – allow his practitioners access to legal advice. [Sounds reasonable, but so long as the GCO provides that advice, which may require info from the counseling records, and also defends UO, the firewall seems flammable.]

Bonine: The amendment is not for litigation situations, correct? Reed: Correct. Bonine points out that the amendment will modify paragraph 3, which deals explicitly with litigation. Bonine suggests a simple amendment to the amendment to fix this issue so that the providers can get legal advice when they need it, without allowing GCO to get records in litigation like Jane Doe.

Reed: Thinks this creates a potential problem. Bonine points out it doesn’t.

Freyd: Don’t practitioners have malpractice insurance and access to independent legal advice outside the GCO?

[Missed name] points out that the original GCO amendment uses “student” instead of “patient/client”. Problematic. We’ll need another amendment to the amendment.

Ahlen: So the GCO amendment would allow the release of redacted student records w/o their consent?

Reed: Yes.

Espinoza: Let’s step back. What’s the problem that needs to be addressed?

Reed: Practitioners need legal advice. Emergency policy doesn’t seem to allow that.

Brunader: Recent case – parent called, I couldn’t figure out if I could talk to them, or how or if I could get advice about this from the GCO.

[This has been a very interesting and I think productive discussion.]

Randy suggests a motion to postpone.

Reed: I’ve discussed with Schill, we want to get this done today.

Psaki: The GCO asked the Senate to approve an amendment that we didn’t see on screen until today. We deserve more time.

Bonine: We can postpone this til 4/6, we’ve been working with the GC collaboratively.

But it will expire 4/1.

Ahlen: Pass today, with the understanding that we’ll tweek in collaboration with GCO?

Bonine: Sounds good to me. Reed: Sounds good to me too. Schill likes it too.

Dreiling moves to replace student with client/patient. Passes unanimously.

Bonine: One more amendment. In Paragraph 4, “officials” changed to “employees” in the last sentence, so that a counselor or doctor could ask for the University to pay for an independent lawyer.”  Passes unanimously.

Revised policy passes unanimously. Very productive, collaborative work by GCO Kevin Reed, John Bonine, and the Senate as a whole.

4.3      US15/16-21: Revision of the Code of Ethics in Response to Feedback from the University President; Senate Executive Committee

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Sullivan postpones on the grounds no one cares about this policy.

3:45 pm    5.   Open Discussion 5.1 Proposed Mandatory Live In policy for all new incoming students.

Max Burns (UO student, Senator, ASUO Senator).

Argues that this will be a big cost increase for incoming UO students, on top of tuition increases. Low income students hit particularly hard.

On process grounds, argues that the university should have done more due diligence.

ASUO has voted against this.

Ahlen: Students have been asking about exemptions. Is housing prepared to provide culturally appropriate services to international students, for example.

Sullivan: Can VPSA Holmes tell us where this policy is?

Holmes: This was Mike Gottfredson’s idea, motivated by financial concerns from Housing when live-in rates fell below 80%. [Yes, she really said that.] It’s already approved policy and will go into effect in 2017. We can’t afford to the bond payments for renovating dorms unless we can make the students use university housing.

Sullivan to Freinkel: Who was on the review committee you chaired? Robert Davis (Spanish), Middlebrook (English) and a bunch of administrators including the Associate Athletic Director (?!). Committee was unanimous in support. [Anyone know where the actual policy is?]

Sullivan asks Freinkel to forward the research used to support the policy.

4:15 pm    6.   Reports 6.1      Report from Faculty Athletics Representative (FAR); Tim Gleason

Gleason’s report is full of interesting information and omissions. Way better than O’Fallon, but that was a low bar. Not in his report:

The NCAA reported in November that only 17% of the Black Male athletes who started at UO in 2008 had graduated 6 years later. Only 44% of all Black Male students (includes athletes) entering UO in 2008 graduated:

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For comparison 67% of all students entering as freshman in 2008 had graduated from UO w/in 6 years. This is the most recent data. The cell sizes for gender/race are small, and percentages bounce around a lot. 17% is, from what I can tell, the historical low point for the Duck athletic department. The average is more on the order of 45%.

Gleason’s position on transparency has been problematic: http://uomatters.com/2015/04/kim-sheehan-advertising-and-tim-gleason-far-boot-prof-from-private-pagia-meeting.html but maybe he’ll turn the page on that.

Here’s what I asked him to provide to the Senate:

FAR Report to Senate:

Written report distributed 48 hours in advance, with Q&A at meeting and by email if time pressure.

Distribution of majors, online classes, classes transferred from other schools to meet UO requirements.

Admissions: Gleason not involved in admissions. Senate will want to see data on entering students including GPA/SAT etc.  Tim will try to get these from Admissions.

In general all data broken out by team, or by gender & revenue/non-revenue. Berkeley as a model. Gleason will clear FERPA with GCO.

Well-being: Time demands, travel schedules, procedures for checking for academic conflicts.

O’Heroes – rules and time demands? 

Follow-up after graduation – What happens to UO athletes after they’re done?

NCAA violation reports.

Heads up on coming NCAA legislation and outcomes of Jan convention. Senate/IAC should have input into UO’s position on these matters.

Update on AD efforts to prevent sexual violence.

Gleason: Three messages… Stay calm, all is well, but we’ll face challenges. Looks at distribution of majors, doesn’t see any funny business. 11% of athletes were “special admits”.

FWIW, here’s an example of the contract that the Ducks give their “student-athletes”. (This one is Brandon Austin’s, from his lawsuit against Mike Gottfredson et al.:)

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Balbuena, Psaki, and other senators press Gleason on his claims that all his well, and that all that can be done is being done.

That said, a huge improvement from O’Fallon. Thanks Tim.

4:50 pm    7.   Notice(s) of Motion

Dreiling: Motion on academic standards for online Gen-Ed courses.

4:50 pm    8.   Other Business

5:00 pm    9.   Adjournment

President Schill to hold reception supporting shared governance. This Wed 4-5PM Gehrlinger

Rumor has it that you will be able to fill out a paper copy of the committee volunteering form on the spot, and there will be lemonade and sweets.

Reception with president, Senate leaders aids shared governance

President Michael Schill at a reception last summer.

University Senate President Randy Sullivan is inviting the campus community to a reception with President Michael Schill and other members of the Senate leadership team to learn more about shared governance.

Nominations are now open for Senate and committee positions, and the event will be an opportunity to hear from campus leaders about the need for candidates and volunteers. Current members of committees and other panels also will be on hand to answer questions and discuss service opportunities.

The reception will be from 4 to 5 p.m. Wednesday, March 2, in the Gerlinger Lounge. Nominations will be open through Sunday, March 6.

[Full Disclosure: I stole this word for word from Around the O]

Senate: Athletics, Sports Products, counseling records, Stalin, Nazis, hookers

Rumor down at the faculty club is that Scalia is up for a posthumous honorary degree. Today at 3PM, Knight Library. Agenda hereLive video here.

Update: Turns out I was wrong about Scalia getting an honorary degree. The National Inquirer has the shocking truth, and the NYT documents that this wasn’t Scalia’s first “rodeo”, as they say in El Paso:

 Screen Shot 2016-02-25 at 12.43.21 PM

Semi-live blog: Usual disclaimer. My opinion of what people said, meant, or should have said or meant. Nothing is a quote unless in quotes.

Browsing Room, Knight Library; 3:00-5:00 pm

3:00 pm    Introductory Remarks, Senate President Randy Sullivan

3:05 pm    1.   Call to Order

3:05 pm    2.   Approval of Minutes

2.1      February 10, 2016

3:15 pm    4.   New Business

4.1      US15/16-12: New Program Approval, M.S. in Sports Product Design; Scott Pratt, Dean of the Graduate School

Harbaugh asked some tough – and therefore civil – questions of Coltrane on the funding, quoting from Coltrane’s own last minute MOU giving AAA $5.3M:

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Coltrane evades as he often does, but says the HECC has also asked that these sorts of proposals come with more useful financial info.

Laura Lee McIntyre (School Psychology) objects to Harbaugh (Economics) asking economic questions in the Senate. Sullivan (Chemistry) defends economics.

Craig Parsons (Poli Sci) attempts to connect Harbaugh’s economic questions to the Nazis – the first known invocation of Goodwin’s Law in the UO Senate. (Craig apologized profusely afterwards for the Nazi comment. I told him no worries, I’d have fun blogging about it. Maybe too much fun.)

Harbaugh says he supports the proposal (the Sports Product Design proposal, not the tenets of National Socialism) despite the unsatisfactory answers to economic questions involving general fund support for this and the related SPM program from Coltrane.

Program passes unanimously.

4.2      US15/16-18: Revision of the Membership of the Graduate Council; Senate Executive Committee

Amended to make it a non-voting member to act as a liaison.  Passes unanimously.

4.3      US15/16-19: Revision of the Policy on Conferral of Posthumous Degrees; Senate Executive Committee

Comes from the administration, cleanup of burdensome procedures in current policy. Still some issues, Bonine (Law) catches some other issues. Amended, passes unanimously.

3:50 pm    5.   Open Discussion

5.1       Accelerated Learning

HECC is considering proposals to drastically expand programs by which HS teachers can award college credit for HS classes.

What could possibly go wrong? Sue Eveland (Registrar) has a few thoughts…. So does the rest of the Senate.

Sullivan asks why we have not heard from UO’s much admired Ed School on these proposals?

5.2       US15/16-17: Policy on Confidentiality of Student Health Care and Survivors’ Services Information

GC Kevin Reed presents some issues with the current emergency policy, involving the Health Center leaderships need to see records for QC, and the GC’s need to perform its risk management function.

Sullivan asks where in the revisions is here any indication of the firewall that Reed said there would be between the Health Center and the long list of UO officials that would be allowed, under the revisions, to access confidential student counseling records. VPSL Robin Holmes could get them? WTF?

GC Kevin Reed’s answers are less than satisfying.

Bonine praises the existing emergency policy, which he helped write, but wants to see the rationale for these amendments before the Senate votes. Counseling Center Director Shelly Kerr tried to hide the paper trail. Could that happen again?

We’re getting into the weeds on this. Bitter weeds that have cost UO millions and incalculable reputational damage, and which must be rooted out lest they reseed themselves, as weeds will do.

Bonine goes on, in a harangue worthy of Stalin’s speech to the 19th Party Congress, but longer. Sullivan bangs him into silence. Good for Randy. More good questions on the revisions come from David Espinoza (Counseling) and John Ahlen (International Affairs).

4:45 pm    6.   Reports

6.1      Report from Faculty Athletics Representative (FAR); Tim Gleason

It took years, but back in 2013 we finally got former FAR Jim O’Fallon to deliver a long-winded report. Boy was he mad. Nothing in writing as Senate rules require, of course. Video here. He starts at 102:30 and goes on for quite a while.

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I asked our new FAR, Tim Gleason, to give the Senate the following information for his report, in writing:

FAR Report to Senate:

Written report distributed 48 hours in advance, with Q&A at meeting and by email if time pressure.

Distribution of majors, online classes, classes transferred from other schools to meet UO requirements.

Admissions: Gleason not involved in admissions. Senate will want to see data on entering students including GPA/SAT etc.  Tim will try to get these from Admissions.

In general all data broken out by team, or by gender & revenue/non-revenue. Berkeley as a model. Gleason will clear FERPA with GCO.

Well-being: Time demands, travel schedules, procedures for checking for academic conflicts.

O’Heroes – rules and time demands? 

Follow-up after graduation – What happens to UO athletes after they’re done?

NCAA violation reports.

Heads up on coming NCAA legislation and outcomes of Jan convention. Senate/IAC should have input into UO’s position on these matters.

Update on AD efforts to prevent sexual violence.

The Senate did not receive a written report from Gleason until just before (during?) the meeting. Mea Culpa: This was largely due to Harbaugh’s lateness in meeting with Gleason to discuss what info would be most useful for the Senate report.

Harbaugh, taking the gavel after Sullivan’s sudden departure from the meeting, (he’s fine, touch of the flu) suggests to Gleason that he come back after the Senate has had time to digest his written report. Gleason likes this idea, and so does the Senate, which breaks into applause.

The Senate then returns to some additional discussion of the counseling confidentiality policy. Bonine asserts personal privilege to object to something Reed said about him earlier (sorry, I forget what) and Reed’s comments that it is not helpful to rehash the history of the General Counsel office’s botched grab of Jane Doe’s counseling records.

Harbaugh asserts personal privilege to invoke the memory of his father and note that history can be useful. Which is not something I ever thought I would need to say in a University Senate meeting.

4:45 pm    7.   Notice(s) of Motion

Max Burns (AAD grad student) gives notice of a motion to object to plans to compel UO freshmen to live on campus, in what some have called a thinly veiled attempt to justify building a new dorm that can be used to house the “IAAF Family” in the style to which they have become accustomed.

4:45 pm    8.   Other Business

None.

5:00 pm    9.   Adjournment

The Senate completes another exciting session on time.

Athletics, administration, academic programs — everything’s on the table.

Or is it? At yesterday’s 3PM Senate meeting Provost Coltrane said all units would be asked to plan for a 2% cut, even athletics. At the 1:30PM IAC meeting AAD for Finance Eric Roedl said that President Schill had not asked athletics to make a cut.

Meanwhile the headline above is from UC-Berkeley. Their admistration is working with their Senate to make cuts, as explained in InsideHigherEd, here:

That prognosis had one caveat: that Berkeley continue its strong tradition of shared governance. [University Senate President and Economics Professor Benjamin Hermalin] said he’d been relatively pleased with the level of administrative collaboration and disclosure thus far, and said that must continue in order for the process to succeed.

“Faculty will not accept a top-down solution, and faculty not accepting it will make it impossible to implement,” he said. “That’s not a threat, it’s just the way we work here. And I think everyone understands that, whether they’re an assistant professor or the chancellor.”

Here at UO, we’ve had much more transparency from President Schill than in the past. But no engagement with the Senate about budgeting and academic priorities. And getting basic budget info still requires public records requests:

MOUs Provost, Deans

Initial Request Date: 02/03/2016, Status: Requesting/Reviewing Records

This is a public records request for copies of any MOUs or other agreements between the UO Provost and UO Deans regarding financial commitments or obligations regarding transfers to or from college budgets. This request covers the period of 1/1/2012 to the present.

MOUs Provost, Pres, UO Foundation, Athletics

Initial Request Date: 02/03/2016, Status:  Requesting/Reviewing Records

This is a public records request for copies of any MOUs or other agreements between the UO Provost’s office, UO President’s office, or other UO offices, or the UO Foundation, and the UO athletic department regarding financial commitments or obligations. This request covers the period of 1/1/2009 to the present.