Senate Minutes - 05-18-2016

DRAFT

University Senate Meeting
Wednesday, May 18, 2016
3:30-5:30 pm
156 Straub

Attendance can be found at the bottom of the page.

1. Call to Order: 3:33 pm

2. Approval of Minutes:

2.1 May 11, 2016. Seeing no one interested in modifying the minutes, President Sullivan declared them accepted as currently posted on the Senate website.

4. New Business:

4.1  US15/16/-25: Scheduling of Examinations Policy; Undergraduate Council and Senate Executive Council

President Sullivan read the motion

Vote on policy: Motion passes overwhelmingly.

4.2  US15/16-24: Major/Minor/Certificate/Program Course Overlap Policy; Undergraduate Council

President Sullivan read the motion.

Presented by: Bill Harbaugh. Second: Not needed since motion is coming from committee. Minor typo is corrected.

Vote on policy: Motion passes overwhelmingly.

4.3  US15/16-23: Responsible Employee Policy; Committee on Sexual & Gender-Based Violence

President Sullivan re-opened the discussion on the main motion as amended which was continued from the May 11 Senate meeting.

Motion to amend to clarify several issues raised during previous discussion. Presented by: Bill Harbaugh on behalf of himself, Carol Stabile, and the Office of General Counsel. Second: Stephanie McGee.

Harbaugh explained that among other things the name of the policy would be changed to “Responsible Employee Reporting of Prohibited Discrimination, Harassment, and Sexual Assault”, that references suggesting that reporting helps to reduce the incidence of sexual violence would be removed, that union stewards would be directly listed as exempt from reporting, that the definition of campus community members would be clarified, that the AAEO Office would be recognized as representing the university and should not be seen as an advocate for individuals, and that those impacted by sexual harassment or prohibited discrimination would be encouraged to make use of confidential resources. Harbaugh urged support of the amendment, even if a senator opposed the main motion, because he said it would increase the clarity of the policy.

Vote on amendment to policy: Motion passes overwhelmingly.

Motion to amend by attaching a provision that the policy would sunset on December 15, 2016 unless renewed by the Senate prior to that date. Presented by: Colin Koopman. Second: Edward Teague.

Koopman said there are too many important elements of the policy that haven’t been sufficiently addressed and too little time to do so at this meeting. He noted that most attention so far had been focused on how the policy would affect responsible employees who learn about incidents of sexual violence from students. Faculty-to-faculty revelations of sexual violence, as well as all the policy’s requirements regarding the reporting of incidents of prohibited discrimination, however, had received far less discussion, Koopman said. He urged senators to add a sunset provision, so there would be a clear timeline for further review of the policy.

During discussion of the proposed amendment, senators and guests offered their perspectives on how thoroughly the Committee on Sexual and Gender-Based Violence (CSGBV) had considered the reporting requirements of the policy and whether there had been enough public discussion of the issues being addressed. In response to a question, Missy Matella from the General Counsel's Office explained that some version of this policy had been on the books at the UO since about 2004 either as an Oregon Administrative Rule (OAR) or as Oregon University System (OUS) policy. She said the old policy had the same broad scope as the one being proposed, addressing both sexual violence and prohibited discrimination. The key problem the Senate’s task force identified, she noted, was that the old policy was very unclear about who responsible employees were and what their responsibilities included. That’s why CSGBV was asked to develop a new one.

Vote on sunset amendment: Yes – 27; No – 10. Motion passes overwhelmingly.

Motion to extend discussion on the main motion until 4:40 pm. Presented by: Andrew Dunn. Second: Edward Teague.

President Sullivan ruled that no extension was needed, since the meeting was scheduled to end at 5:30 pm, rather than the usual 5:00 pm. No vote taken. Discussion returned to the main motion as amended.

Jennifer Freyd read parts of a letter from Laura Hanson that was recently posted on the Senate blog. Hanson described her rape a few years ago by a UO fraternity president and her anger at the way she was treated by university administrators. She has offered to help the UO do a better job of preventing sexual violence and caring for those who are assaulted, but she says the UO has rejected her assistance. She opposes mandatory reporting, because it takes away the autonomy of the survivor.

Freyd expressed concern about how the policy will impact her as an educator and her students. She said students feel they need to talk about their own experiences in order to learn. This is the case in the classes she teaches, but also in basic writing classes where students are encouraged to write from the heart. If faculty are going to have to alert students that they are required to report information they receive about prohibited discrimination or sexual violence, it will encroach on students’ academic freedom to discuss and learn from their own experiences. Monique Balbuena agreed and said this is particularly a concern in the Honors College where classes are small. She said it’s important for all students to feel comfortable talking to their teachers and fully taking part in class discussions.

A senator asked what the consequence would be if a faculty member failed to report information they received about prohibited discrimination or sexual violence. Missy Matella said the policy listed a written reprimand as the potential disciplinary action and noted that this could potentially be grieved. Another senator asked what the consequence would be if a faculty member relied on a student’s claim that an incident had been reported when in fact it hadn’t been. Matella said this would probably result in a conversation with the faculty member about the importance of reporting. She urged employees to always report, even if they’re told this has already been done.

A senator asked if the UO was required to have a mandatory reporter policy. General Counsel Kevin Reed said the university is required by law to indicate who is designated to receive reports of sexual violence. Matella added that a large number of universities define faculty as mandatory reporters, including OSU and many other PAC-12 schools.

A senator noted that the current UO policy already requires faculty and most employees to be mandatory reporters and said that will remain the case whether or not the Senate approves the proposed policy. Carol Stabile said the UO has made great strides in the past 18 months in addressing the issue of sexual violence. She praised the proposed policy, because, while it retains mandatory reporting for most employees, it will provide survivors with a range of confidential reporting options, such as Crisis Intervention, the Ombuds Office, and union representatives. Senator Laura Lee McIntyre called the proposed policy a great improvement over the old one. The issue for her, she said, was not academic freedom, but the need to keep students safe and to provide them with resources to both prevent sexual violence and assist those affected by it.

President Sullivan called for a quorum check and established that one still existed.

Motion to extend discussion on the main motion 15 minutes until 5:08 pm. Presented by: Jennifer Freyd. Second: Gina Psaki.

Vote on motion to extend: Yes – 28, No – 8. Motion passes overwhelmingly.

President Sullivan invited Brenda Tracy to offer her perspective. Tracy described the sexual assault she suffered in 1998 at OSU that involved four football player friends. As bad as that was, she said the way she was treated by the DA’s office and OSU administration was even worse. Tracy said she reported the incident and did everything procedurally that she was supposed to do, but in the end the perpetrators only received a small fine and a one game suspension.

Tracy said she has been impacted every day of her life by this incident and the way she was treated. She is adamantly opposed to mandatory reporting policies. Tracy feels these policies silence survivors, because they can prevent survivors from talking to someone they feel close to, if that person has to report the conversation. She recommended that most employees not be made mandatory reporters. Tracy criticized the way this proposed policy was developed, because she felt it did not include sufficient input from sexual assault survivors. She praised OSU for working with her to improve its efforts in this area and said she would be willing to help the UO as well.    

Koopman asked what the federal reporting guidelines are for the parts of the proposed policy that address prohibited discrimination. Reed said the university is required by Title VII to investigate any evidence of prohibited discrimination, but that employee reporting requirements are less stringent. Matella noted that guidelines issued last summer by either the Department of Education or the Office of Civil Rights said universities must respond in cases of alleged prohibited discrimination the way they do for cases of alleged sexual violence.

Motion to extend discussion on the main motion 15 minutes. Presented by: Colin Koopman. Second: Michael Dreiling.

Vote on motion to extend: Motion passes overwhelmingly.

Koopman disagreed that universities are being asked to provide reporting requirements for prohibited discrimination incidents that are as robust as those for sexual violence incidents. He cited several universities that have no reporting requirements at all. Koopman described a scenario where white students would potentially be able to express doubt about the existence of racial discrimination during class discussions and black students would have to decide whether or not to provide evidence of discrimination from their own experiences, knowing that their comments would now need to be reported by the faculty member. Koopman stressed that the same issues would arise with other kinds of prohibited discrimination.

President Sullivan called for a quorum check and established that one still existed.

Dreiling noted that the proposed policy is superior to the existing one, because it clearly designates confidential employees and includes a process that allows interested employees to become exempt from its reporting requirements. He praised the vigorous debate that had occurred, but said much more discussion in the Senate is needed to improve the proposed policy. He urged passage of the proposed policy and said the Senate should work to make it a model for the nation.

Motion to call the question. Presented by: Keith Frazee. Second: Eric Pederson.

Vote on the motion: Yes – 29, No – 3. Motion passes overwhelmingly.

Vote on the main motion as amended. Roll call vote requested and conducted. Yes – 15, No – 16. Motion fails.

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

Presented by: Frances White. Second: Not needed since motion is coming from committee.

Vote on policy: Motion passes overwhelmingly.

4.5  US14/15-40: To Promote Representative Attendance at Senate Meetings; Senate Executive Committee

Postponed until next Senate meeting.

5. Open Discussion: None

6. Reports:

6.1 "Academic Continuity," Academic Integrity Taskforce

Postponed until next Senate meeting.

7. Notice(s) of Motion: None

8.   Other Business: None

9.   Adjournment: 5:30 pm

Attendance:

University Senate Members    2015-16         Date: May 18, 2016

Senators

Pres

Abs

Exc

Senators

Pres

Abs

Exc

CAS – Natural Sciences

 

 

 

Librarians

 

 

 

Jeff Cina

 

 

X

Victoria Mitchell

X

 

 

John Conery

X

 

 

Edward Teague

X

 

 

Dejing Dou

 

X

 

 

 

 

 

Jennifer Freyd

X

 

 

Lundquist College of Business

 

 

 

Weiyong He (Sub: Sinclair)

 

 

X

Robin Clement (Sub: Emami)

 

 

X

Ken Prehoda

 

X

 

Jennifer Ellis

X

 

 

Michael Price

X

 

 

 

 

 

 

Reza Rejaie

 

 

X

School of Music and Dance

 

 

 

Hans Dreyer

X

 

 

Alexandre Dossin

 

X

 

 

 

 

 

Idit Shner 

 

X

 

CAS – Social Sciences

 

 

 

 

 

 

 

Jane Cramer

 

 

X

Clark Honors College

 

 

 

Michael Dreiling

X

 

 

Monique Balbuena

X

 

 

William Harbaugh

X

 

 

 

 

 

 

Craig Parsons

 

 

X

Other Academic Units

 

 

 

Peter Walker

 

X

 

Edward Davis

X

 

 

 

 

 

 

 

 

 

 

CAS – Humanities

 

 

 

Officers of Administration

 

 

 

Jane Averill

X

 

 

David Espinoza

X

 

 

Dianne Dugaw

X

 

 

Keith Frazee

X

 

 

Colin Koopman

X

 

 

Stephanie McGee

X

 

 

Geraldine Poizat-Newcomb

X

 

 

 

 

 

 

Gina Psaki

X

 

 

Students

 

 

 

Donna Shaw

X

 

 

Andrew Dunn

X

 

 

Eric Pederson

X

 

 

Nicole Hendrix

X

 

 

Daniela Vallega-Neu        (Sub: Garcia-Caro)

 

 

X

Zach Lusby

X

 

 

 

 

 

 

Rachel Nicholson

X

 

 

Architecture and Allied Arts

 

 

 

Zach Rentschler

X

 

 

Jack Ryan

 

X

 

 

 

 

 

Laura Leete

X

 

 

Classified Staff

 

 

 

Ron Lovinger

X

 

 

John Ahlen

X

 

 

Richard Margerum

X

 

 

Theodora Ko Thompson

X

 

 

 

 

 

 

Jimmy Murray

X

 

 

College of Education

 

 

 

 

 

 

 

Deanna Linville

X

 

 

Career Non-Tenure Track Research

 

 

 

Laura Lee McIntyre

X

 

 

Greg Bryant

X

 

 

Deborah Olson

 

X

 

 

 

 

 

 

 

 

 

Academic Council Chair

 

 

 

Journalism and Communication

 

 

 

Frances White

X

 

 

Debra Merskin

X

 

 

 

 

 

 

 

 

 

 

Ex-Officio

 

 

 

School of Law

 

 

 

Randy Sullivan, President

X

 

 

John Bonine

 

 

X

Rob Kyr, Immediate Past Pres.

 

X

 

 

 

 

 

Michael Schill, UO President

 

X

 

 

 

 

 

Scott Coltrane, Provost

 

X

 

 

 

 

 

Helena Schlegel, ASUO President

 

X

 

Ex Officio: Betina Lynn, Paul Simonds

Guests: Chuck Triplett, Kevin Reed, Carol Stabile, Renae DeSautel, Jennifer LaBelle, Kristen Reinhardt, Karen Sprague, Missy Matella, Dana Rognlie, Mariann Hyland, Tran Nguyen, Alison Schmitke, Marco Esters, Ritu Roy, Max Thornberry, Melody Wu, Deanna Walters, Kris Katkus, Quantrell Willis, Jacob Levernier, Lauren Vega O’Neil, BB Beltran, Alex Henry, Christine Grummon, Brenda Tracy, Lamia Karim, Nicole Francisco, Susan Gary, Shea Northfield, Rachael Wallace, and Kurt Willcox