This could be an interesting meeting. UO Faculty Rep Susan Gary is phoning it in from sabbatical in Hong Kong, just as she’s done most of the year. So are most of the other trustees. If this was the UO Senate, Chuck Triplett would be writing a stern speech about taking shared governance seriously, for Coltrane to read at the next BOT meeting.
First on the agenda is John Bonine (Law) urging the Board to investigate the actions that led up to the release of Jane Doe’s confidential counseling records. Speaking of which, Rich Read has a story today in the Oregonian:
Six UO employees, including vice president, under investigation for alleged misconduct concerning rape case
I see two of the people under investigation at the table: VPSL Robin Holmes, and Interim GC Doug Park.
Robin Holmes leads off. The plan is to set up a “UOCare Comprehensive” plan that meets the ACA requirements (platinum), bill students who want that a fee each quarter If they need that. If they are on their parents’ insurance, lower fee, and they’ll bill that insurance for care. UOCare would also work with local providers, etc. Big changes. One unintended consequence: HIPAA rules would presumably prevent Shelly Kerr and Doug Park from accessing student counseling records.
Board Secretary Angela Wilhelms didn’t put the spreadsheet showing the costs of the alternatives in the online board agenda. Instead she passed out a paper version at the meeting. This is Wilhelms usual strategy for things she doesn’t want the press or board members to think about before they’ve heard the appropriate administrative spin.
The committee then moves on the changes in the student conduct code. Robin Holmes sat on these for years, ignoring the OCR’s Dear Colleague letter until the basketball rape allegations finally embarrassed her into action. Then the Senate and John Bonine and Caroline Forell (Law) made some changes to the code. Then for some strange reason the UO Board decided to reserve for itself the power to change the Student Conduct Code. So now we’ve got Robin Holmes trying to explain these changes to the few trustees who actually made it to the meeting.
The materials presented to the board by Robin Holmes said that the university was not supporting the Senate’s proposal that the university should fund legal assistance for rape survivors, since the Associated Students use mandatory student fees to pay for a lawyer for those who are accused of rape. Bonine called the ASUO and administration out on that in his statement to the committee. When it came time for Robin Holmes to speak, she referred to Bonine’s statement and said that the university actually agreed, and would look for a sustainable way to provide legal assistance to rape survivors. Better late than never.
Trustee Ann Curry calls in from a plane, asks about more proactive methods to reduce sexual violence – mandatory classes, efforts to reduce alcohol abuse. Helena Schlegel talks about the efforts that the students are making on education. Coltrane announces that he will respond to the Senate deadline for a progress report on this by 5PM.
Announcement: 9AM Friday, Room 403 Ford Alumni Center. The Committees include:
Finance and Facilities:
Ross Kari, Chair
Joseph Gonyea III
Academic and Student Affairs:
Mary Wilcox, Chair
Here’s hoping this will lead to a review of UCTC Director Shelly Kerr and her decision to give Doug Park Jane Doe’s confidential counseling records. But perhaps not. A reader notes:
I think the appearance of the UO Health Center on the Board docket of this meeting has to do with the aborted presentation about the new business/service model going into effect at the Health & Counseling Centers. Robin Holmes, Mike Eyster and Shelly Kerr were supposed to present on this at the last Board meeting but did not get a chance to do so because of the demonstration and discussion around the tuition increase. Both the Health and Counseling Centers will be moving to a more traditional approach and beginning fall 2015 will start billing insurance which will change the basic funding model of both centers.
Docket materials here.
What a dysfunctional mess UO has become. An institution that has been destroying itself for years and just keeps trying and trying. I hope the next president can get control of things, I think it will be the last chance for many years if he fails. They make them tough and smart but sensible too at the University of Chicago, look at Edward Levi (dean of law school, attorney general after Watergate who kept U.C. from destroying itself during the student riot days) and George Shultz (dean of business school, Secretary of Labor, Treasury, and State, the most successful at State of anyone in my lifetime, imho). Maybe Schill has what it takes.
What will we do with all of our free time if Schill does fix this place? Maybe uomatters can take on bigger fish.
Maybe go back to enjoying “the life of the mind” as they used to say? I’m told that is big at the University of Chicago, or used to be.
I can remember when there were multiple faculty tables in the EMU at lunch. Faculty from many different departments who got together to fraternize and enjoy interesting conversation. That has all but disappeared.
And Paul Olum used to sit down with the faculty for lunch at the EMU. So did Myles Brand. Unheard of with later presidents, though Dave Frohnmayer was affable much of the time in other settings. Can’t imagine The Hat, Berdahl, Gottfredson, Coltrane doing that. But with all the mutual hostility of recent years, it’s hard to imagine that either the faculty or the administration would want to socialize with each other.
Let me be the first to extend an invitation to Pres Schill to join us down at the Faculty Club for lunch.
Very gracious of you, uom. I’m the Board will convey to Pres Schill their strongest endorsement of your invitation.
Too bad the EMU is closed, the old EMU is gone. Now you and Pres and all of us really will have to go to the Faculty Club. I always found it a little stuffy there, but the martinis are great.
Some people say that the really cool place now is the Jock Box, or the Alumni Center. But I’ll take the Faculty Club. Or better yet the EMU. Some day we’ll all gather there once again with Paul, and Myles, and Dave. Maybe even Pern and The Hat will show up. Really looking forward to it!
Anyone see the Bar and board complaints against Doug Park and Robin Holmes?
One lawyer for each is good practice. Separate representation protects the attorneys representing the respondents from potential (or real) conflicts of interest among their clients.
Yes, but Holmes, Kerr, and Park are all being represented by HLGR, while Hill is being represented by Stoel Rives. Isn’t it the firm and not each lawyer that needs to beware of conflicts?
March 8 – 9, 2014: poor judgment and egregious conduct by young people after a basketball game.
April 30, 2014: UO dismisses three young men from the basketball team.
May 6, 2014: DA no charge explanation cites, among other things, “Telephone calls between the alleged victim and alleged assailants were recorded surreptitiously. The contents of those conversations are consistent with suspect’s version of consensual sex, or at least their belief it was consensual sex.”
June 23, 2014: UO finds three young men, more likely than not, responsible for sexual misconduct and suspends them from the University.
August 6, 2014: OGC receives “Litigation Hold Notice” from Jane Doe attorneys demanding that UO secure and “produce electronic copies of their relevant active files and make sure that all back-up materials are identified and stored in a safe place.”
August 22, 2014: OGC receives a demand letter from Jane Doe attorneys, claiming that the pending lawsuit would include damages for “future mental health treatment, medical expense, and impaired career income due to PTSD and related disorders” as well as “emotional distress.”
September 2 and 17, 2014: OGC receives Notices of Tort Claims from Jane Doe attorneys.
January 8, 2014: Jane Doe lawsuit claims UO accessed her records without consent, among other things.
The Clune – Middleton strategy strains credulity. Demand UO secure and produce records relevant to a mental health claim, then sue UO for doing so. Well, not so fast. This frivolous claim will be set aside, much like Morlock’s absurd Bar and Licensing Board complaints. The irrationality rivals that of many blog comments, including UOM righteous indignation over UO securing and producing records requested by Jane Doe, while attempting to justify UOM public release of confidential UO documents.
“nobody had done anything even remotely unlawful here” Professor Harbaugh 4/16/15
Both privileges protect important relationships. UOM has not explained the obvious inconsistency. Also, UOM violated an oral contract
“As I’ve also explained, I was given the digital Presidential Archives only after agreeing to keep confidential documents confidential.” Professor Harbaugh 3/30/15
…and is this an apology?
“Obviously I’m not happy about the fact that two people have lost their jobs over it.” Professor Harbaugh 3/25/15
Followed by claiming his own confidentiality as a library patron was somehow violated,
“I was surprised at that because I always assumed that library circulation records were confidential” Professor Harbaugh 4/16/15
I understand there is no other incorporated municipality in the world named Eugene. I believe it and we shall see just how far down Eugene’s delusional rabbit hole our Federal Courts will go.
Please use a consistent screen name, Fed Lit.
I dispute some facts listed above:
1) The lawsuit was filed on January 8, 2015, not 2014.
2) Jane Doe attorneys claim, under pain and penalty of perjury, “Counsel for Plaintiff told UO officials and attomeys that Plaintiff did not authorize the release of her privileged counseling file and instructed UO that the school administration and attorneys were not permitted to obtain those records from the Counseling and Testing Center.” Not sure how they ‘told’ UO attorneys when also demanding they secure and produce those records. Attorneys cannot knowingly misstate a matter of fact or law in a filing. Park and Hill refer to written notices authorizing them to “secure and produce” records.
3) UOM is very different and does not use a consistent screen name, but then it’s your blog for your purpose. You can make up rules as you go and apply them arbitrarily and capriciously toward your goal that I will not reiterate because you asked me to cease and desist.
make up rules as you go and apply them arbitrarily and capriciously toward your goal that I will not reiterate because you asked me to cease and desist……
This sounds more like Johnson Hall than UOM