UO Senate approves measures on sexual violence prevention, athletics, courses, etc.

Cocktail party version: The Senate votes to:

1. Approve new courses,
2. have the faculty vote on nominees for Faculty Trustee,
3. try and fix the confidential counseling mess,
4. hold the administration’s feet to the fire on sexual violence prevention,
5. tell the Ducks to raise some donations to cut the cost of student football tickets, instead of just raising money to pay themselves more,
6. appoint two of its own faculty members to VP for Enrollment Roger Thompson’s Special Athletics Admits Group, and report back.
7. Nathan gives the COIA report showing explosion in athletics spending.

Senior Presidential Assistant Dave Hubin, AVP for Collaboration Chuck Triplett, and Duck Advocate Tobin Klinger are sitting in the back as usual, taking down the names of senators who dare to challenge the Johnson Hall administration:

They’ve got their work cut out for them. By this May, UO will be on its 6th president in 6 years, its 4th General Counsel, and too many provosts and VPs to count. Hubin, Triplett, and Klinger all look like short-timers too.

The UO Senate is now the most stable institution UO has. And today Rob Kyr led us through another productive meeting, cleaning up one JH mess after another – or at least trying to:

Senate Meeting Agenda – March 11, 2015 2014-2015, Agendas,  Watch Live

Lawrence, Rm. 115; 3:00-5:00 pm

3:00 pm    1.   Call to Order

Rob Kyr leads the Senate in a moment of silence, to contemplate the many contributions of Dave Frohnmayer to the University of Oregon.

3:00 pm    2.   Approval of Minutes 2.1       January 28, 2015

3:05 pm    3.   State of the University [No remarks, Coltrane is at the UO Foundation’s southern California meeting.]

3:15 pm    4.   New Business

Harbaugh moves to suspend the rules to introduce: UO Faculty to nominate UO Faculty Trustee

Legislation

Section I:

1.1 WHEREAS in 2013 the State of Oregon established the University Board of Trustees as the governing board of the University of Oregon; and

1.2 WHEREAS section 6.1(c) of SB 270, which established the board, gives the Governor authority to appoint board members, subject to confirmation by the Oregon Senate, and states that “the governing board must include one person who is a member of the faculty of the university”; and

1.3 WHEREAS the law does not give the University President or Board of Directors any special role in making nominations to the Governor; and

1.4 WHEREAS the purpose of including a faculty member is to represent the views and interests of the faculty, not those of other bodies or persons; and

1.5 WHEREAS the interim President of the University and the President of the Board have made recommendations to the Governor without asking the opinion of faculty members; and

1.6 WHEREAS the term of the current Faculty Trustee expires on June 20, 2015;

Section II:

2.1 BE IT THEREFORE MOVED that the UO Senate Nominating Committee shall solicit nominations for the position of Faculty Trustee; and

2.2 BE IT FURTHERMORE MOVED the current trustee, if eligible and willing, shall be automatically nominated; and

2.3 BE IT FURTHERMORE MOVED that nominees will be asked to provide a statement of no more than one page length and a copy of their c.v. and will be notified of the requirements for applying for a Governor appointed Board ; and

2.4 BE IT FURTHERMORE MOVED that the Nominating Committee will verify nominees willingness to serve if appointed and confirmed by the Governor, post nomination materials on the Senate Website, and conduct an election by email or other appropriate means, with every statutory faculty member eligible to vote for up to two nominees; and

2.5 BE IT THEREFORE MOVED that the Senate President will then forward the names of the top two vote getters to the Governor, along with a third nomination voted by the members of the University Senate.

Passes unanimously.

Jennifer Freyd moves to suspend the rules to introduce: “Return Therapy Records and Clarify and Strengthen Privacy and Confidentiality Guarantees for Clients of all Mental Health Clinics at the University”

Legislation

Sponsors: Jennifer Freyd (Psychology), Senator; Carol Stabile (Journalism & Communication), Professor and Chair of the Committee on Sexual and Gender-Based Violence; John Bonine (Law), Professor; Regina Psaki (Romance Languages), Senator;  Michael Dreiling (Sociology).

Section I
1.1 Whereas, according to the Office of General Counsel, therapy records were moved from the
University Counseling and Testing Center in early December to OGC, where the envelope
was opened and the records were scanned electronically before being filed.
1.2 Whereas there is growing national press attention and professional alarm regarding this
matter and considerable anxiety and confusion among University students and staff about
University policies.
1.3 Whereas therapy records in a university clinic must be guaranteed the same protections as
those in a non-university clinic.
1.4 Whereas the University has a duty to clarify to our students that we are opposed to actual or
apparent violation of rape survivors’ civil rights and privacy rights.
1.5 Whereas many believe there is a discrepancy between the promised level of confidentiality
on the website of the University Counseling and Testing Center (UCTC) (see attached
screenshot of privacy policy) and the reality of recent events.
1.6 Whereas the General Counsel has now said he should have received a written waiver of
access (“If I could go back in retrospect, I would have sent (the student’s attorneys) a letter
or email back, asking, ‘Is this really what you mean?’” — reported in the Register-Guard,
March 10, 2015).
1.7 Whereas directors of mental health clinics at the University should not interfere with the
ethical integrity or licensing requirements of mental health providers on this campus who are
obligated to protect client confidentiality within professionally established limits (e.g. the
American Psychology Association’s ethics code and the ethics code for other therapists, both
enshrined in Oregon law).
1.8 Whereas clinicians have the right to check with independent liability attorneys or other
attorneys if they need legal clarification of their obligations and responsibilities.
1.9 Whereas mental health services should inform clinicians in writing when there is any request
from outside or inside the University for records regarding a client they are or have been
treating.
1.10 Whereas clinicians should have the exclusive responsibility for deciding on any release of
information, just as they do in private practice.
1.11 Whereas release of information by a clinician should be based only on client consent,
other clearly articulated exceptions to confidentiality such as danger to life, or a court order.
1.12 Whereas the University has the authority to voluntarily follow HIPAA in addition to
FERPA guidelines for privacy of therapy records (and, similarly, to decide not to allow
FERPA “treatment records” to become less-protected “education records”).
1.13 Whereas significant policy revisions are needed to ensure that all university therapy
clinics or centers will fully and fairly disclose to students any exceptions to the
confidentiality of their therapy records, in language that is honest and clear to a reasonable
student seeking services,
Section 2
2.1 BE IT HEREBY RESOLVED that The Senate praises the General Counsel for recognizing
that, in the absence of a court order, therapy files should only be accessed with an explicit,
written waiver from a student patient or her lawyer.
2.2 BE IT FURTHER RESOLVED that the Senate urges the President to direct the University of
Oregon’s Office of General Counsel to return the hard copy therapy records to the treating
therapist at the counseling center, without making any copies, if legally possible.
2.3 BE IT FURTHER RESOLVED that if legally possible the Office of General Counsel should
destroy its electronic copies and, if they were transmitted anywhere, ensure those are
destroyed as well, while at the same time directing the treating therapist herself to maintain
all records as a “litigation hold.”
2.4 BE IT FURTHER RESOLVED that if the steps in paragraphs 2.2 and 2.3 are not legally
possible, the Senate requests that the General Counsel explain that in a written legal
memorandum with appropriate legal citations.
2.5 BE IT FURTHER RESOLVED that the Senate should create an ad hoc working group or
subcommittee of the Senate Committee on Sexual and Gender-Based Violence with
Administration participation.
2.6 BE IT FURTHER RESOLVED that such working group or subcommittee should craft
guarantees and policy changes discussed in the “whereas” clauses above.
2.7 BE IT FURTHER RESOLVED that such working group or subcommittee should report on a
monthly basis (until after such time as the work is complete) to the Senate the results and
progress of their efforts to ensure that counseling at University of Oregon clinics and centers
will be confidential and safe for students and clients under guarantees and policy changes
discussed in paragraph 2.6.

Financial Impact: Cost Positive. This motion will potentially save a significant amount of money by avoiding serious legal problems

Passes unanimously.

Carol Stabile moves to suspend the rules to introduce a motion: “Timeline for Administration’s Response to Recommendations Concerning Sexual Violence”

Legislation

Sponsors: Carol Stabile, Professor and Chair of the Committee on Sexual and Gender-Based Violence; Ibrahim Gassama, Professor and Member of the Committee on Sexual and Gender-Based Violence

Section I

Whereas the Senate Task Force to Address Sexual Violence and Survivor Support made recommendations to Interim President Coltrane in September and November 2014;

Whereas the Presidential Review Panel made recommendations to Interim President Coltrane in December 2014;

Whereas Student Life submitted recommendations to Interim President Coltrane in January 2015;

Whereas Student Life has compiled a complete listing of all campus recommendations, which was discussed with Senate and Task Force leadership in February 2015;

Whereas the University has a duty to further enhance survivor support and to create policies and an institutional infrastructure to prevent sexual violence;

Whereas the University community has expressed its concerns about the timeliness of the administration’s response as evidenced during the March campus conversation on sexual violence;

Section 2

The Senate urges interim President Coltrane to present a comprehensive report on these recommendations, including line item financial commitments and specific time lines for implementation per item, to the Senate no later than April 8, 2015 and preferably at the Senate meeting on that date.

The Senate respectfully requests that the presentation feature a panel including representatives from the Standing Committee to Address Sexual and Gender-Based Violence, the President’s Review Panel, and Student Life to address issues concerning specific line items and policies.

Passes unanimously

4.1       Motion (Legislation): Winter Curriculum Report; Frances White (Professor, Anthropology), Chair of the Committee on Courses

Passes unanimously. Frances White notes that it includes new language about student engagement for 4 credit courses. Read it.

4.2       Motion (Policy Adoption): Employee Morale-Building Event Expenditures; Teri Rowe (OA, Department Manager, Economics), Senator and Chair, OA Council

Passes unanimously after amendment of 1.5% to 1.5X.

4.3       Motion (Legislation): Specifications for Respect and Community Values Committee (Senate Standing Committee); Carla McNelly, Operations Coordinator (School of Journalism and Communication) and Chair, UO Senate Ad Hoc Committee on Respectful Workplace

Go Carla! Passes unanimously.

4.4       Motion (Legislation): Specifications for Ombuds Administrative Advisory Group (Ombuds AAG); Carla McNelly, Operations Coordinator (School of Journalism and Communication) and Chair, UO Senate Ad Hoc Committee on Respectful Workplace

Go Carla! Passes unanimously.

4.5       Motion (Resolution): ASUO Athletics Ticket Agreement; Andrew Lubash, Senator (University Senate & Student Senate)

Go Lubash! Asks the Senate to oppose the efforts by the Duck Athletic Department and Eric Roedl to increase the amount of mandatory student fee money they take, and start doing some fundraising to reduce those fees.

Lubash is doing a great job fielding questions on this. No opposition to this resolution, everyone’s just amazed that the Ducks even tried this.

Passes unanimously

4.7       Motion (Legislation): [Changed from the version on Web]: William Harbaugh (Economics), Senator

This version comes with the unanimous approval of the IAC:

Appointing an IAC faculty member to the Special Athletics Admit Group

Sponsor: Senate Intercollegiate Athletics Committee

Motion:

Section I:

1.1 WHEREAS the University of Oregon Faculty has authority over academic matters and has delegated that authority to the Senate; and

1.2 WHEREAS the charge of the Senate Intercollegiate Athletics Committee states that the IAC shall

“1. Represent the academic standards of the university as embodied in the University of Oregon Mission Statement in all decisions;” and

1.3 WHEREAS the University currently has a Special Athletics Admits Group that makes recommendations about the admission of student-athletes that do not meet UO’s typical academic standards, but this SAAG does not include a faculty member of the IAC.

Section II:

2.1 THEREFORE BE IT MOVED that the Senate asks that the University President consult with the Senate President and appoint a faculty member from the IAC and a faculty member from the Senate to the Special Athletics Admits Group; and

2.2 BE IT FURTHERMORE MOVED that the Senate asks the SAAG to meet with the IAC and communicate with the IAC about its work.

Financial Impact: None.

Revised by Lubash to also include a Senate faculty member. Passes unanimously.

4.6       Motion (Legislation): A Report on UO’s Academic Support for Student-Athletes; William Harbaugh (Economics), Senator

[No time for this one today. On to COIA report.]

4:55 pm    5.   Open Discussion

4:55 pm    6.   Reports

6.1       COIA Report (Coalition on Intercollegiate Athletics); Nathan Tublitz, UO COIA Representative

4:55 pm    7.   Notice(s) of Motion

4:55 pm    8.   Other Business

5:00 pm    9.   Adjournment