Meeting Minutes: February 27, 2003

Attendance

Present: Tobias Baskin, Rex Campbell, Gordon Christensen, Nelson Cowan, Michael Devaney, Wilson Freyermuth, Judith Goodman, Richard Hessler, Tom Hurley, Philip Johnson, Norman Land, Eric Landes, Daniel Longo, Sudarshan Loyalka, Michael McKean, Peggy Placier, Eileen Porter, Jenice Prather-Kinsey, David Schenker, Paul Duval (for Paul Sharp), Barbara Townsend, Flore Zephir, Charles Cramer (Retirees), and Michael Muchow (Librarians). Absent: Jeffrey Anglen, Bruce Cutter, Sara Gable, Bill Lamberson, Robert Leavene, Charles Sampson, Don Sievert, William Wiebold, and Herbert Tillema (AAUP).

Approval of Minutes

The meeting was called to order by Chair Michael Devaney at 3:30 p.m. in room S203 of the Memorial Union. The minutes of the January 30, 2003 Council meeting were not approved because they did not contain some points made by Athletic Director Michael Alden in his presentation to Council at that meeting. Amended minutes of this meeting will be distributed at a latter meeting.

Report of Officers

Devaney reported that at the 2-28-03 Intercampus Faculty Council meeting (IFC) they will consider the policy governing merging of academic programs as well as a resolution regarding student participation in intercollegiate athletics if that resolution is approved at today's meeting. He noted that faculty workload policy was discussed at the executive committee's meeting with the Provost and that IFC will form a committee to study that policy. The Provost Office is to provide information to Council on faculty salaries by rank and department per our earlier request for this information. The executive committee met recently with the Chancellor, the Provost, and the School of Medicine Dean, Dr. William Crist who presented the report of the Hunter Group and its recommendations for changes in University Hospital management practices. Devaney noted that the Chancellor expressed cautious optimism regarding the budgetary outlook despite a five percent increase in benefit costs. He noted that Vice Chancellor Michael Middleton is contacting grievants to obtain their consent for the grievance committee to examine their grievances. The executive committee recently met with Vice Provost Robert Hall regarding implementation of new regulations governing the use of human subjects in research. Gordon Christensen, Chair of the Faculty Affairs Committee, reported that his committee and the executive committee will soon meet with the Chancellor and Provost regarding chronic problems.

Action Items

Resolution of Conflict of Interest Concerns - Devaney. Devaney introduced a resolution modifying section 200.040.B.1-3 of the "Collected Rules and Regulations" regarding student participation in intercollegiate athletics. Its principal provision is to remove the Athletic Director from deciding whether an athlete's suspension for an accusation of wrongdoing should be modified and to vest that authority in the Vice Chancellor for Student Affairs. Christensen suggested that such a decision should be made by the Provost and moved to amend the resolution by substituting the term "Provost" for "Vice Chancellor for Student Affairs" wherever the latter term appears in the resolution. After discussion of several points a motion to amend the resolution passed unanimously as did a motion to adopt the resolution.
Resolution from the MU Faculty Council
Regarding Student Participation in Intercollegiate Athletics
(Adopted by Faculty Council on February 27, 2003)

Whereas, intercollegiate athletics should provide positive role models for aspiring high school students as well as other students and in all respects strive to reflect favorably on the University as reflected in the Collected Rules section 200.040.A, and
Whereas, it is becoming more common to include performance incentives in contracts with collegiate athletic directors, and
Whereas, Section 200.040.B.3 of the University of Missouri Collected Rules and Regulations empowers the Athletic Director, in his or her sole discretion, may at any time prior to a finding or plea of guilt to the felony charge, lift or modify the suspension, and
Whereas, it is advantageous to strengthen the bonds between the athletic and academic missions of the University and to avoid even the potential for a conflict of interest,
Be it resolved that the Section 200.040.B.1-3 be amended as follows: (changes in bold)
B. Any student who represents the University of Missouri by participation in intercollegiate athletics who is charged with a felony shall be suspended immediately from practice and from competition.
1. Within 48 hours of notice of a suspension, the athlete's coach or designee and the Athletic Director, shall review the suspension and recommend to the Provost whether the suspension should continue.
2. Within 10 days of notice of a suspension the student shall be afforded an opportunity to present his or her position before the provost, the Athletic Director, the faculty representative to the regional and/or national athletic conference and association of which the campus is a member, and the Chairman of the campus Intercollegiate Athletic Committee.
3. Based on all available information and in consultation with the Athletic Director, the Provost, in his or her sole discretion, may at any time prior to a finding or plea of guilt to the felony charge, lift or modify the suspension.
3a. Within an additional 20 days, the student may appeal this decision to the Chancellor for a final disposition.
4. If the athlete pleads guilty or is found guilty of the felony charge, such athlete shall be barred permanently from participation in intercollegiate athletics at any campus of the University of Missouri System.
As it is currently appearing in the Collected Rules & Regulations:
200.040 STUDENT PARTICIPATION IN INTERCOLLEGIATE ATHLETICS
A. The Board adopts the following rules to apply to intercollegiate athletes out of the belief that intercollegiate athletes should provide positive role models for aspiring high school athletes as well as other student sand in all respects strive to reflect favorably on the University. Through the public attention generated by intercollegiate athlete to a standard of honorable conduct at all times while a member of any intercollegiate team, in season or out. The following Rules of Procedure and Discipline supplement the Rules of Procedure and Discipline found in the Student Code of Conduct that applies to all students in the University of Missouri System.
B. Any student who represents the University of Missouri by participation in intercollegiate athletics who i charged with a felony shall be suspended immediately from practice and from competition.
1. Within 48 hours of notice of a suspension, the athlete's coach or designee, shall review the suspension and recommend to the Athletic Director whether the suspension should continue.
2. Within 10 days of notice of a suspension the student shall be afforded an opportunity to present his or her position before the Athletic Director, the faculty representative to the regional and/or national athletic conference and association of which the campus is a member, and the Chairman of the campus Intercollegiate Athletic Committee.
3. Based on available information, the Athletic Director, in his or her sole discretion, may at any time prior to a finding or plea of guilt to the felony charge, lift or modify the suspension.
4. If the athlete pleads guilty or is found guilty of the felony charge, such athlete shall be barred permanently from participation in intercollegiate athletics at any campus of the University of Missouri System.

Discussion Items

AAU Document - Devaney. Devaney introduced a statement by the American Association of Universities dealing with the responsibilities of universities in times of international tension and domestic protest. He suggested an addendum to clarify the term "consequences" in the fourth paragraph and to allow alternatives to conventional classroom activities in response to protests. Christensen noted that Professor John Galliher of the Peace Studies Program shares those reservations and would approve of such an addendum.

Resolution on Intercollegiate Athletics - Christensen. Christensen distributed a summary of an AAUP report on "The Faculty Role in the Reform of Intercollegiate Athletics" (Academe, January January-February, 2003, pp. 64-70). Dick Hessler suggested that a committee be formed to study the role of intercollegiate athletics at UMC. The following points about this committee were discussed: the committee will be ad hoc, it will be chaired by Dick Hessler, one member of each of Council's standing committee will serve on it, and that Devaney will invite MaryEllen Sievert and Carl Settergren of the campus standing committee on Intercollegiate Athletics to serve on it.

Residency Language - Lamberson. Bill Lamberson, Chair Academic Affairs Committee, presented his proposal that candidates for graduation successfully complete their last 30 hours of credit with courses offered by UMC. Wilson Freyermuth cautioned that students in some programs might benefit if they could complete some of their last 30 hours elsewhere and Mike McKean asked for more information from Vice Provost Lori Franz about possible exceptions to the requirement.

Representation Report - Devaney. Devaney presented Council's representation report noting that it is based on information provided by the Institutional Research Office. The only change in representation is the School of Medicine will lose one seat.

Any Other Business

Norman Land asked for a report on salaries that would allow Council to assess differences in salary structures among different academic units. He expressed concern about differences between large and small units and disadvantages faced by the latter. Devaney said he would ask the Provost for such a report.

Christensen noted that former Council member Edward Adelstein opposed efforts to sell University Hospital as premature since its problems were due largely to poor business practices, a position recently vindicated by the report of the Hunter Group. Christensen cited this as an example of the value to the university of shared governance and noted our debt to Dr. Adelstein.

Devaney noted that a question as arisen about why non-regular faculty members are not on grievance hearing panels. University regulations permit it but the practice has been to use only regular faculty on such panels. He suggested that grievances involving non-regular faculty should have a pool of potential panelists that would include non-regular faculty and asked the Special Projects Committee to examine the possibility.

McKean reported that he and Bill Wiebold recently went to the University of Wisconsin to evaluate the implementation of PeopleSoft there and that they would soon report their findings to the Executive Committee.

Judith Goodman reported that the Hunter Group report recommends an increase in number of patients at University Hospital and asked Devaney to suggest to Ken Hutchinson, Vice President for Human Resources, that no change in the present Point of Service medical coverage plan be made to achieve that goal.

Adjournment

The open meeting was adjourned at 4:25 p.m. Council then went into a closed session for committee appointments.

Respectfully submitted,
Thomas Hurley, Recorder