The State University of New York Faculty Senate Winter 2006 Remarks from Chancellor John Ryan As you know, Governor Pataki recent unveiled his 2006 Executive Budget Proposal. Having reviewed it thoroughly, I'm pleased to report that, overall, the spending plan is good news for SUNY, its faculty, its students, and the future of SUNY's key programs and initiatives. A main focus of the University’s budget request is increasing the number of fulltime faculty to meet the academic needs of our current and prospective students, and to better serve the state’s economy. While the total number of faculty has increased, the percentage of full-time faculty has continued to decline, reaching a low of 62.2 percent for the current academic year. This trend must be reversed. While adjunct faculty provide wonderful instruction and are a necessary part of the campus community, we need to ensure a proper level of student counseling and mentoring, as well as total program support. The Governor included funding in his Executive Budget for the “Empire Innovation Program” – originally proposed by the Board of Trustees as the “Excelsior Faculty Initiative.” This would allow SUNY to hire to hire an additional 200 new top-level research faculty members over the next three years and contribute $1 billion to the state’s economy by 2011. In addition, the Governor provided funding for instructional support in the high-need program areas of engineering, math, science, nursing and allied health. This funding, along with the additional funding requested by SUNY, will add an additional 58 full-time faculty. The Governor’s budget also laid the foundation for a fair and logical tuition policy. Essentially, the Governor’s plan would lock in tuition for the 2006-07 academic year and begin indexing tuition with the 2007-08 academic year. This is precisely the kind of policy the University needs and what prospective students and their parents deserve – a tuition policy that allows them to calculate the total cost of a four-year education. The Executive Budget recognizes most of the University’s mandatory and baselevel costs, including contractual salary agreements and general inflation for OTPS, as well as several initiatives. However, the proposed Budget anticipates that campus revenue will pay for these items. While we recognize and understand the Governor has not directed the University to increase tuition, the University has few options for revenue enhancement outside of increasing tuition, which directly impacts our students and their families, and is something the State University and its Trustees want to avoid. To this end, the University is requesting an additional $120.9 million in state support from the New York State Legislature to cover our base costs and a handful of excellent programs and initiatives. I am confident that we can get that support, but I need your help. SupportSUNY.org is an online advocacy tool which will assist you in contacting your elected officials to urge them to support the State University system. By logging on to this site, you will be able to identify your representatives, learn more about SUNY’s issues, and e-mail your support directly to your local legislators and other state and federal representatives. The website address is www.supportSUNY.org. As always, I want to thank all members of the Faculty Senate for the crucial role they play, not just on our campuses and in our classrooms, but also in the budget process which is so crucial to the strides we continue to make together. News and Upcoming Events The 2006 Spring Plenary is scheduled for April 6-8, 2006 and will be hosted by Plattsburgh State College. Look for information to be posted to the Faculty Senate website at www.suny.edu/facultysenate. The Plenary will feature Steve Worona, director of Policy and Networking Programs at Educause and a panel presentation on K-12 with New York State Education Commissioner Richard Mills, SUNY Provost Peter Salins, Assistant Provost Pamela Sandoval, and others. Mark your calendars. Dates have been set for the Fall 2006 Planning and Plenary meetings. • The Fall 2006 Planning meeting will be held at System Administration September 14-16, 2006. • The Fall 2006 Plenary meeting will be held October 26-28, 2006 and is being hosted by Buffalo State College. • The Winter 2007 Plenary meeting will be held January 25-27, 2007 and is being hosted by Stony Brook University. On the Faculty Senate Website • A web version of our Faculty Senate directory is now available. It has several search features to enable you to find who or what you are looking for. Email addresses are not available, but you can use the email feature in order to contact anyone. The web version of the directory will not replace the paper version. • New announcements will be posted on the Home Page. Plan to check there frequently for news, updates, events and meeting information. • Travel reimbursement forms and instructions are accessible on the website on PDF and text format. The Lodging Tax Exempt Form is also there. As always, any questions on travel should be directed to Carol Donato in the Faculty Senate office. • Resolutions, transcripts and sector reports are available. A Message From Provost Peter D. Salins It has been my pleasure and privilege, for more than nine years, to serve as the Provost of the State University of New York; working with a University community committed to academic excellence, passionate about serving its students, and preeminent in expanding the frontiers of knowledge. From the beginning of my tenure, in January 1997, the Office of the Provost has remained dedicated to one overarching goal: to strengthen the academic stature of the State University of New York, making it one of the premier comprehensive systems of public higher education in the world, with each of its distinctive institutions recognized as a leader among its peers. The initiatives and programs by which our office has worked to build a lasting academic foundation for the university rest on three pillars: instilling high aspirations, implementing effective action, and assuring meaningful accountability. In sustaining each pillar, I am most gratified that our office has been able to collaborate so intimately and fruitfully with the University’s two faculty governance bodies: the University Faculty Senate and the Faculty Council of Community Colleges. It is this collaboration that has been central to the success of the university’s academic initiatives and to the national and international recognition they have garnered. When asked recently as to the University’s most significant accomplishments over the past decade; there are many to choose from, all designed to fulfill the vision set by the SUNY Board of Trustees in Rethinking SUNY, issued in 1995. Rethinking SUNY recognized that the key to the university’s greatness lay in raising the academic profile of each of its institutions, and that the surest way to achieve this was to give campuses greatly more responsibility while holding them more clearly accountable for their performance. Since then, every one of our campuses has made great progress on numerous academic fronts, outpacing its public and private peers: enrollment levels, entering students’ academic qualifications and first year retention rates are at all time highs; sponsored research volume has doubled; more SUNY faculty than ever are receiving national recognition; and across the university we are seeing quantum gains in philanthropic contributions. Perhaps what I take the greatest pride in during my tenure as Provost are the significant System-wide initiatives designed to support and catalyze these accomplishments, the most important being the University’s Mission Review Process (now concluding its second cycle); the universitywide assessment initiative—recently recognized as a national best practice; the careful strengthening of SUNY’s signature teacher education programs through the New Vision in Teacher Education; the electronic integration of the university’s 18 million volume library collection through SUNYConnect, and, for the State-operated sector, the implementation of a performancebased Budget Allocation Process (BAP), which is being made even more effective in its revised BAP II format. This past spring I had the opportunity to host my peers from higher education systems across the country at our annual meeting of System Chief Academic Officers. As we compared notes and accomplishments, I don’t think I am being excessively parochial or immodest when I say that SUNY stood unparalleled in the breadth and scope of its initiatives, serving as a national exemplar of best practices in higher education. As I prepare to leave this post to return to the campus and the classroom, I think there is much for us all to be proud of, and I salute my friends and colleagues across the University for their – and our – collective achievements. Faculty Senate Bulletin THE STATE UNIVERSITY OF NEW YORK UNIVERSITY FACULTY SENATE Co-Editors NORMAN GOODMAN Stony Brook JOSEPH A. HILDRETH Potsdam MARVIN LAHOOD Faculty Senate Assistant CAROL DONATO Editorial Board (Executive Committee) CARL WIEZALIS President Upstate JOSEPH A. HILDRETH Immediate Past President Potsdam ACHIM KOEDDERMAN Vice President/Secretary Oneonta JAMES MCELWAINE Immediate Past Vice President/Secretary Purchase PETER NICKERSON Health Sciences University at Buffalo KENNETH O’BRIEN University Colleges Brockport KAREN SPELLACY Technical Colleges Canton WILLIAM BAUMER University Centers University at Buffalo DOUGLAS EICH Special and Statutory Colleges SUNYIT ANN HUOT BETTY CAPALDI System Administration JOHN VANDERLIPPE Campus Governance Leader Convener New Paltz A Message From President Carl Wiezalis President’s Corner Here we are deep into the Spring Semester 2006 and about a month out from our Winter Plenary Meeting at Farmingdale College. We measure the success of these Plenary Meetings by the how effectively we achieved our agenda and the satisfaction statements expressed by the Senators, staff and guests. If our assessment is correct, all parties seem to have been pleased with the composition and pace of the agenda. I thank you for your constructive suggestions about meeting management after the Fall Plenary. Carol Donato and I worked diligently with the Executive Committee to consider all of your suggestions and incorporate all that were possible. Because the Chancellor andProvost were not available on Friday (Chairman Egan’s reception in NYC) elements of the agenda were moved in keeping with rational organizational concerns. From what you have told us everything worked out well. President Jonathan Gibralter, Senator Kathleen Jacquette, and the faculty and staff at Farmingdale College have our deep appreciation for hosting a most comfortable and enjoyable Plenary. The cuisine and service was exceptional. The sacrifice made by the College to support Statewide Faculty Governance is deeply appreciated. Fortunately, there seems to be harmony regarding the SUNY budget for this year. The Chancellor has advanced an aggressive and supportive budget which has been endorsed by the Board of Trustees. This is a need-based budget, reflective of what the campus presidents have told Chancellor Ryan they require to thrive and grow to meet the expectations of their communities of interest. The SUNY budget, while not congruent with the proposed Governor’s budget, is close enough for optimistic expectation. The final figures will be developed by the NYS Legislature, so our advocacy efforts right now are critical. Unlike previous years where the unions might be at odds with the SUNY budget, all parties are singing at least the main verse of the SUNY anthem together. Assiduous advocacy work by all parties can mean a reasonable budget for our public university which holds tuition constant (hopefully), provides for more full- time faculty, restores TAP, begins to address the issues of excessive percentages of adjunct professors in our colleges and universities, adequate support for out teaching hospitals, etc. Interestingly, the Governor put in his budget proposal the suggestion of a faculty member on the Board of Trustees. This is something that the UFS has worked for over the years. Please help with this advocacy work, as we have everything to gain and everything to loose. Work through www.SupportSUNY.org, work with your local chapter of UUP, work with your campus administration and governance organizations; do something to advocate for SUNY. Phillip Ortiz, Empire State College, and I are representing the University Faculty Senate on the new Provost’s Advisory Committee on Faculty Development. The purpose of this Committee is to review and make recommendations to the campuses about how the recommendations of the Report of the Provost’s Taskforce on Faculty Development 2004 can be implemented. This Committee is chaired by Assistant Provost Fred Hildebrand and is expected to complete its work this semester. You may expect a series of recommendations being directed to the campuses designed to assist all aspects of faculty development, from initial appointment to continuing education for full professors, and the resources needed to optimize faculty development across the spectrum. We have been working closely with UUP, especially in the area of advocacy. A historic meeting was held on February 12, 2006, between members of the Executive Committee of the UFS and the leadership of UUP Several issues of common interest and concern were explored during this day-long meeting. There was high interest in the concept of mentoring of new and mid-career faculty and staff in SUNY. As a consequence, we may be establishing a Taskforce on Mentoring to measure what we are currently doing in SUNY, what is being done in universities across the nation and what the literature says about better practices in professional mentoring. The deliverable would be a white paper on mentoring, which could act as complement to the Taskforce Report on Faculty Development. If any of you or your associates has particular expertise or high interest in this area, please contact me for possible inclusion in this project. Another area of interest shared by the UUP and the UFS is K-16 education in NYS and the USA. You may know that UUP has had a Teacher Education Committee for many years, but that Committee has struggled with its agenda in the recent past. Since the UFS has decided to spend some time examining K-16 education as a featured element of our Spring Plenary this year at Plattsburg, we may form a joint UUP-UFS Committee on K-16 Education. I feel strongly that SUNY must feel some social responsibility for the needs of elementary and secondary education in NYS, as our future as an educated and effective people depends upon the success of all aspects of our education system. Additionally, we must be selfishly interested in the development and effectiveness of our teacher preparation colleges, as SUNY educates a majority of the teachers for the elementary and secondary schools of NYS. Additionally, most of the SUNY students come to this public university from New York State high schools, and the quality and readiness of these students is directly related to their high school preparation. SUNY has everything to loose or gain by the performance of the students in high school. We do have a “dog in this fight,” as they say, and I am confident that we can have a positive effect on the school systems of NYS. The Academic Standards Committee of the SUNY Board of Trustees will meet on March 16, 2006, to receive a requested review of the concept of Academic Freedom. The presenters will include System Administrators, Faculty Governance Leaders (I and Kimberley Reiser, FCCC), SUNY College Presidents, etc. Both sides of the “academic bill of rights” as developed by David Horowitz will be reviewed. The Academic Standards Committee will later make a recommendation to the full Board of Trustees as to their behaviors vis-a-vis academic freedom. The University Faculty Senate, with the support of the Chancellor’s Office, is advancing a public relations initiative intended to showcase the visual and performing arts across the SUNY System. I have been working with Vice Chancellor Betty Capaldi and Co-Chairs Janet Nepkie (Oneonta) and Joe Hildreth (Potsdam) to develop and advance a spring 2006 initiative called “Celebration of the Arts in SUNY.” Beginning with at least six colleges/ universities across our System we intend to open shows/demonstrations to the citizens in the region of the SUNY institution. The Celebration will be marketed both locally and statewide coordinating the P.R. resources of both levels. We hope to package these achievements for statewide, national and international display, using printed and electronic media. We hope to grow this initiative over time to include many programs in many colleges and universities. This is intended to play off of the natural entertainment character of the arts, but we shall advance this public relations “umbrella” strategy to promote other cross- SUNY programs, like science, engineering, history, composition and literature, social sciences, health and medicine, mathematics, teacher preparation, ethics and philosophy, energy and the environment, and perhaps combinations thereof. SUNY New Paltz sponsors a much acclaimed high school student science fair, which could be advanced across the SUNY System. This could interest high school students in the sciences, motivate students to consider college as a post-high school activity and showcase the SUNY-to-community bridge, so important to the taxpayers and legislators of our State. SUNY could be known as sponsoring the biggest and best science fair in the world. I have enjoyed my work thus far with the leadership and membership of CUNY, the Faculty Council of Community Colleges, the Student Assembly, UUP and the Board of Trustees. Strong partnerships lead to greater accomplishments for all. I deeply appreciate their collegiality. In closing, I wish to thank all of our Senators, committee members and elected leaders for their exceptional work in the promotion of faculty governance. Special thanks to Carol Donato for her excellent organizational, planning, and interactive skills. And I thank you for giving me this opportunity to serve you and the State University of New York. Warm regards, Carl Wiezalis President University Faculty Senate SUNY Energy Task Force Explores Challenges and Opportunities Few aspects of everyday life impact citizens, society and business as much as energy. The production and use of energy (whether for electric power generation, transportation, industry, or residential heating and cooling) has a compelling effect on the environment, public health, public policy and the financial health of families, communities and the nation. Daily decisions made by both individual consumers and large institutional users (such as SUNY) contribute to the complex web of energy supply and demand. Rising energy prices consume an increasing proportion of SUNY’s core operating budget, and have focused renewed attention on energy conservation and the need to lessen energy consumption and costs. SUNY is one of the largest energy consumers in New York State, with an annual utility budget of more than $260 million, and peak electric power demand equivalent to the output of 16 mid-size power plants. Across the University, expenses for utilities comprise 50% or more of the OTPS budget (Other Than Personal Services) and constitute the single largest expense after payroll (PSR). Enrollment growth, aging infrastructure and constrained resources create additional challenges for energy savings. Against this backdrop, and given the mandates of Governor’s Executive Order #111 (which requires SUNY and all state agencies to achieve 2005 and 2010 goals in energy efficiency, renewable energy and green building construction), the Chancellor’s Office recently established a SUNY Energy Task Force. Co-chaired by two campus presidents, Neil Murphy (ESF) and Ray Cross (Morrisville), the Task Force is charged with developing a system-wide energy policy and a Strategic Energy Plan for all 64 campuses in the University. Dr. Maureen Dolan (Old Westbury), Chair of the UFS University Operations Committee, received appointment to this Task Force, as did a dozen campus business officers and physical plant managers. Dan Sheppard, Associate Vice Chancellor for Finance and Business, and Joseph Fox, SUNY Energy Coordinator, serve as system resource persons to the Task Force; University Senate President Carl Wiezalis was invited to serve ex officio. The Task Force began its work in December 2005 and is expected to report to the Board of Trustees this spring. Recognizing that formidable challenges present unique opportunities, the Task Force is exploring SUNY’s potential to provide national leadership in energy efficiency, alternative energy strategies, green buildings and sustainable business practices, as well as energy-related academic initiatives, expanded research, economic development, and policy development. It is worth noting that the University Faculty Senate, through its Operations Committee, provided leadership in articulating the energy/environment/economics/ethics nexus in the draft Whitepaper on Strategic Energy Issues in SUNY presented at the Winter 2005 Plenary Meeting. This report (by Dr. Maureen Dolan, Old Westbury) outlined strategies for leveraging energy-efficiency and renewable energy initiatives into sponsored research, student opportunities and curriculum that would span many disciplines, under the umbrella of sustainability. This white paper also discussed SUNY’s movement to the forefront through strategic alliances including increased outreach to NYSERDA, community outreach, public/private partnerships, knowledge transfer, and enhanced intra-campus and inter-campus collaboration. A Progress Report on The Neil D. Levin Graduate Institute of International Relations and Commerce 2006 promises to be an exciting year in the evolution and development of The Neil D. Levin Graduate Institute of International Relations and Commerce. We will literally be building our new home on East 55th Street in Manhattan, and expect to move into it by mid-2007. The 40 thousand square foot Levin building will be an ideal facility to carry out our mission; to integrate management school curricula with the study of international affairs to prepare leaders and managers in the private, public and non-profit sectors to work effectively and ethically across borders and cultures. The heart of the building (and our vision) will be our Global Classroom; a 100+ seat tiered class and conference room. (It also can be divided into two 50+ seat rooms.) Through deployment of the appropriate educational technologies, students and faculty in the Global Classroom (and throughout the building) will be able to interact with students, faculty and relevant specialists elsewhere in the world. In addition, provisions are being made so that SUNY campuses can connect to programs and events at Levin; either live, or on an archived, on-demand basis. Our guiding principle in drawing up our plans is that The Levin Institute should not only be a place for SUNY faculty and students to visit in a physical sense; we also will provide ways for campuses to “plug into” Levin so that they can experience and participate in events, seminars, lectures etc. that are held at Levin in New York City and beyond. Levin’s major challenge in 2006 is to continue to build our programs before we are able to move into our new home. In 2005, we launched a series of customized executive education programs with China. Three groups of software/IT managers and government policymakers focused on high technology have come to New York City for education programs ranging from 8 to 16 weeks, and more will come this year. To teach the courses we have engaged faculty from a number of SUNY campuses: Buffalo, Albany, Stony Brook, New Paltz, Old Westbury and Maritime. This February we launched our first SUNY for-credit program. Twenty MBA and JD students (and several faculty) from SUNY Buffalo are spending the full semester at Levin. Our provost, Denis Simon, has worked closely with the business and law schools there to develop a unique program in international finance and global investment banking. Incorporating the Levin model of modularized, experiential learning, the students will rub shoulders and sharpen their minds with New York-based, but globally oriented financial institutions through their team based projects. Students will receive a full semesters worth of credits. We plan to steadily expand the number and breadth of SUNY for-credit programs at Levin in the semesters to come. On a different track, we are preparing to receive 20+ Russian graduate students this summer from the Moscow State Institute of International Relations for a six week program on science, technology and international relations. Research at The Levin Institute is an important part of our mission as well.Our current focus is on the rapid changes and growth in the global talent pool, particularly among knowledge workers. The Institute also houses our newly created Center for Science, Technology and Innovation in China. We have our first scholar in residence at the Center, Dr. Cao Cong (a PhD in Sociology from Columbia University), who is working with Provost Simon on an IBM-supported research project dealing with the supply and demand of high-end talent in China. With Levin’s overall focus on the process of globalization and our location in New York City, the Institute is well positioned within SUNY to serve as a convener of conferences, symposia and other events that address the new policy, business and technology agendas of the 21st Century. For 2006 we are organizing a conference on “Globalization, Innovation and New York.” The conference will examine how well New York State and City are competing in the global environment. This summer we will be working with the US National Academy of Sciences to sponsor a joint workshop on the evolving talent pools in India and China, and their implications for the US workforce. If all goes on schedule we should be in our new building a year from now. We will then be able to rapidly expand our programs, our outreach and our ability to host more SUNY faculty and students at East 55th Street. Denis Simon and I are anxious to welcome all of you to our new home, and to receive your ideas and suggestions about possible academic programs and related activities. As for Levin financing, it is the model I discussed with the Faculty Senate when I spoke to them. We have received capital funding for the purchase and build out of the Levin building. We also receive an operating budget from SUNY that has not increased on an annual basis. We generate revenue from programs we run and from fund raising. We have been successful in both: our first executive education programs have all generated net revenue. We have received, so far, over one million dollars in private donations and pledges as well as corporate support for research and other projects. Our business plan is to look to private and corporate funding to build our programs rather than to SUNY. Highlights of the 142nd Plenary Meeting January 26-28, 2006, Farmingdale State College SUMMARY OF STANDING COMMITTEE REPORTS Awards Committee Sandra Michael Binghamton University, chair The committee formalized the criteria and procedures for three new awards for the University Faculty Senate: • Friend of the Senate Award for the individual who has provided “outstanding service to the University Faculty Senate (UFS).” • Senator Emeritus Award “to an individual who has achieved a reputation for outstanding service to the Senate in several capacities over at least the (10) years.” • Chugh Award for Outstanding Service to Faculty Governance for an individual who has “achieved a reputation for outstanding service in the area of faculty governance at the System and Campus levels…for a minimum of fine (5) years.” In addition, the Awards Committee recommended the restoration of the $50,000 annual funding level for the Conversations in the Discipline program. Governance Committee Ron Sarner SUNY Institute of Technology, chair The committee has been surveying the campuses to determine the extent they have a process to evaluate campus administrators. At the time of the Plenary Session, responses were received from 14 campuses. Forms were handed out at the Plenary session to all Senators to increase the response rate. The committee heard an overview of the recent New York State Court of Appeals decision in the case of CUNY on the application of the Open Meeting Law and the FOIL requests that are relevant to governance bodies. (There is a summary of the case and its implications for SUNY on page 9 of this Bulletin by Andrew Edwards, University Counsel.) The committee will consider establishing a process that informs System Administration of perceived problems with campus presidents in a manner that does not encourage frivolous complaints but provides some level of protection against retaliation of complainants. The committee is in the process of updating the existing Governance Handbook and submitted a resolution to the Senate on the selection of interim presidents (see the section on resolutions passed on page 10 for more details). Graduate and Research Committee Peter Nickerson University at Buffalo, chair The committee is considering how to appropriately view graduate education as related to the needs of New York State. It is encouraging opportunities for interdisciplinary research among the comprehensive colleges and the graduate and medical centers. The committee is examining sponsorship of an “International Conference Series Engaging People in Computational Math, Science, and Technology Multidisciplinary Research and Education” organized by Professor Osman Yasar with NSF funding. The conference will be held in Rochester on August 7-11, 2006. Once more, the committee is recommending the re-establishment of the Faculty Exchange Scholars Program that would increase interaction and communication among faculty across SUNY. It is also reviewing the Graduate Research Initiative and recommending that the SUNY website have a description of graduate and research programs throughout SUNY. Operations Committee Maureen Dolan College at Old Westbury, chair This committee works via various subcommittees. One of these deals with library matters and is focused on issues related to library acquisition and operations, including electronic databases, paper collections, a system-wide approach to acquisitions and cost-effectiveness. It proposed a resolution on strengthening SUNY library collections (see the section on resolutions considered at the Plenary Session). Another subcommittee is examining trends in adjunct and associate faculty throughout SUNY. It is considering ways of facilitating the integration of these faculty into the fabric of the university, increasing their effectiveness, and ascertaining the budgetary implications of these trends. And another subcommittee is obtaining information on trends in the number of full-time and part-time faculty across SUNY. Yet another subcommittee has been engaged in a multiyear study of the proliferation of professional non-faculty titles and its implications. And another subcommittee is working on a report concerning strategic energy issues faced by SUNY. Student Life Committee Edward Feldman Stony Brook University, chair A representative of the committee attended a meeting on retention and attrition. Using the Student Opinion Survey, there seemed to be overall satisfaction with students’ experience at SUNY campuses. The survey also indicated that social and personal items were quite important for Freshman and Sophomores. The committee is designing a survey to identify positive traditions that enhance student life on SUNY campuses. Undergraduate Academic Programs and Policies Committee Janet Nepkie College at Oneonta, chair The committee is presenting a 2-day symposium on March 23-24, 2006 in Albany on “Academic Integrity: A New Look at Law, Policy and Practice,” which is supported by both the University Faculty Senate and System Administration. The symposium will include nationally know experts in the relevant fields. The committee is preparing an “Internship Best Practices” document that covers such issues as internship approval, course requirements, credit, grading, supervision, assessment and evaluation, and a compilation of relevant bibliographic materials. For the April Plenary Session of the Senate, the committee has organized pre- sentation on “Faculty Governance and Computer Policy and Law: A Powerful Partnership.” The speaker will be Steven Worona, Director of Policy and Networking Programs for Educause. SECTOR REPORTS University Centers William Baumer, University at Buffalo Several issues of law, and how they affect the campuses were discussed. The recent court case involving the “open meeting law” and FOIL requests was a case in point (see a summary of the case involved and its implication for SUNY on page 9). Also, the effect of a recent court decision that prevented a student from entering a teacher education program on the grounds of “unsuitable character.” There was considerable interest in the development of campus master environmental plans for any new construction with faculty involvement to obviate scattered development that threatens campus ecosystems. Some concern was expressed that the low levels of graduate stipends make SUNY campuses less attractive to high quality graduate students than universities with we compare ourselves. Finally there was a discussion of both the health aspects of a smoke-free SUNY system and its possible effects on civil liberties. University Colleges Kenneth O’Brien, SUNY Brockport The group expressed concern with the wide variation among campuses in whether and how the faculty and staff review upperlevel campus administrators, and consequently was most interested in the survey on this issue that has been undertaken by the Governance Committee (see Standing Committee Reports). Some unhappiness was expressed about the fact that the new University Faculty Senate Awards will be decided by the Executive Committee rather than the entire Senate. Budget issues, such as adequate funds for the campus libraries, the EOP programs, and the “hold harmless” promise of the new Budget Allocation Process (BAP 2) were discussed. Issues of quality control in general education programs and the frequency with which the various “rubrics” have been used by campuses to meet their system obligations were of concern. Concern was expressed about the lack of knowledge of those outside of academia about the nature of faculty workloads. The general assumption that faculty do not work hard enough, long enough, or well enough is often expressed in the mass media and, occasionally, with those in state government. There is a need for a Task Force to gather the relevant data to document faculty efforts. Finally, the comprehensive colleges are a major provider of graduate education through their Masters level programs, and they have too few resources to enhance the level of quality of these programs. Specifically, they have too few teaching assistantships and are excluded from funding provided by the Graduate Research Initiative. Consequently, they ask to be included on any SUNY-wide panels on graduate education. Health Sciences Centers Peter Nickerson, University at Buffalo The group reiterated their strong request to the Chancellor to have a senior administrator at System Administration who would provided expertise on SUNY-wide health issues. There was also considerable discussion about the Governor’s proposal in the state budget to transform SUNY hospitals into not-for-profit corporations. The effect of this, it is believed, would adversely affect the educational mission of the health sciences. Specialized and Statutory Colleges Douglas Eich, SUNYIT In the discussion of the forthcoming departure of Peter Salins as SUNY Provost (see article on page 2 regarding Provost Salins’ resignation), the importance of faculty being represented in the nation-wide search for his replacement. Concern was expressed about the variation across campuses and the uncertainty about early retirement incentives. The group shared their different campus experiences in governance structures, faculty membership in UUP, the legal status of the land their campuses occupy, pay parity both between and within disciplines, overload policies and the frustration with the flow of information on their campuses. Colleges of Technology Karen Spellacy, SUNY Canton Campus Governance Leaders John Vanderlippe, SUNY New Paltz There was a question about the repositioning of the Vice Chancellor for Enrollment Management and Student Affairs had bee altered and placed under the authority of the new Vice Chancellor for Budget, Kim Cline. The Chancellor replied to this question indicating the change was not a downgrading of the position, but a more rational organization of responsibilities. Budget issues were also discussed. This included the Governor’s initiative to hire 200 “outstanding research faculty” (the Empire project) and the relationship between the “needs list” submitted by campuses for the SUNY budget request, which had no faculty input, and the Mission Review II process that had campus faculty input. The Chancellor indicated that he and his staff were evaluating the Empire Project and, if it is passed, will seek faculty input regarding the distribution of these funds. He also said that the the Empire Project had a different purpose than the Mission Review II process and the resulting Memoranda of Understanding. The latter will be the basis for long-term planning across the system. There was considerable discussion about the proposal in the Governor’s budget to place a faculty member on the SUNY Board of Trustees. And, finally, the group asked the Chancellor for his views on faculty evaluation of campus administrators. The Chancellor indicated his support for such evaluations and that he will encourage campus presidents to work with faculty on the evaluation of senior administrators. RESOLUTIONS PASSED Resolution to Restore Conversations in the Disciplines Support to Recent Funding Levels Whereas the Conversations in the Disciplines Program has and continues to foster scholarly development and intellectual exchange among faculty across SUNY and with national experts in all fields of study, thus enhancing the quality of the University’s programs of instruction; and Whereas the Conversations in the Disciplines Program has sponsored nearly 500 conferences (awarded competitively through a peer review process) since its inception in 1965, thereby heightening SUNY’s visibility and prominence to the public; and Whereas the recent $20,000 reduction in program funding has resulted in many meritorious proposals going unsupported; therefore Be It Resolved that the University Faculty Senate supports the restoration, and encourages Chancellor Ryan to reinstate, the $50,000 annual funding level for the Conversations in the Disciplines program. (passed without dissent) Special Resolution We, the University Faculty Senate, rise to recognize the many contributions and dedicated services of Dr. Peter D. Salins as Provost of the State University of New York and, We now welcome him as an invaluable colleague and as a member of our teaching faculty. (passed without dissent) Resolution on Selection of Interim Presidents The Governance Committee recommends endorsement of the following resolution: Whereas the University Faculty Senate has previously expressed its position that consultation with the Faculty should take place prior to the appointment of an interim President, and Whereas the Senate directed the Governance Committee to develop a proposal to refine the intent of the Senate, and Whereas the Governance Committee has prepared the attached Statement on the Appointment of Interim Presidents; now therefore Be It Resolved That the University Faculty Senate endorse the Statement on the Appointment of Interim Presidents and urges the Chancellor to implement it. Statement on the Appointment of Interim Presidents Selection of a college president is always a critical decision in the life of an institution. Both by tradition and by policy, the presidential selection process is one that involves both the college council and the faculty. The overarching principles are stated in the 1966 Statement on Governance of Colleges and Universities jointly endorsed by the American Council on Education (ACE), the Association of Governing Boards of Colleges and Universities (AGB), and the American Association of University Professors (AAUP). The section of that document pertaining to presidential selection reads: Joint effort of a most critical kind must be taken when an institution chooses a new president. The selection of a chief administrative officer should follow upon a cooperative search by the governing board and the faculty, taking into consideration the opinions of others who are appropriately interested. The president should be equally qualified to serve both as the executive officer of the governing board and as the chief academic officer of the institution and the faculty. The president’s dual role requires an ability to interpret to board and faculty the educational views and concepts of institutional government of the other. The president should have the confidence of the board and the faculty. In SUNY the principles with respect to presidential selection articulated in the Statement on Governance of Colleges and Universities are operationalized in the Policies of the Board of Trustees. Article IX, Title A, Section 1 of the Policies speaks to the selection of the “Chief Administrative Officer” in the following language: There shall be a chief administrative officer of each state-operated institution of the university who shall be designated president. Presidents shall be appointed by the Board of Trustees after receipt of recommendations of the campus councils (or of the Trustees of the College of Environmental Science and Forestry) and of the Chancellor, and shall serve at the pleasure of the Board of Trustees. Before making its recommendations the campus council shall consult with a presidential search committee designated for such purposes by the chair of the council and comprised of members of the various campus constituencies, including faculty, students, professional employees, administration, alumni and members of the council. Reflecting the significance of the role that faculty are expected to play in academic governance, the faculty should predominate among the non-council constituencies on the search committee. The Chancellor, or designated representative, before making recommendations to the Trustees, shall consult with the chair or other designated representative of the college council. The same logic that dictates that faculty should have a significant role in the selection of a president is operative in the selection of an interim president. Interim presidents may be in a position to serve for a number of years and potentially under difficult circumstances, and it is thus important that the person in the position have the support of the Board of Trustees, the Chancellor, the College Council, and of the faculty. Nonetheless, the Policies are silent with respect to the process used to name interim presidents. In practice, interim appointments are made by the Board of Trustees upon recommendation of the Chancellor, who, in turn, is not bound to any specific procedure. Vacancies in presidencies occur for a variety of reasons, among them: illness or incapacity, removal, the resignation of the incumbent to assume another position, retirement, or an unsuccessful search. While some of these circumstances, for example illness, incapacity, or removal, necessitate an appointment under trying time constraints, and removal, in particular precludes public disclosure until it has been accomplished, nonetheless the overarching selection principles of consultation should be adhered to. Accordingly, the University Faculty Senate recommends to the Chancellor that under circumstances where there is inadequate opportunity for faculty consultation with respect to filling an interim presidency that the officer in charge be appointed for a defined short period of time sufficient to permit consultation, after which an interim president shall be named. Nothing in this recommendation should be construed as rendering the interim chief administrative officer ineligible for consideration for the interim presidency. (passed without dissent) From the Editors’ Desk: What your Senate does for you To many faculty, the SUNY University Faculty Senate (UFS) seems remote and unconnected to their campus activities. They don’t have the opportunity to see it in action and, consequently, have little knowledge of what it does. But the fact is that the UFS plays an essential role in SUNY governance in ways that affect the individual campuses. For example, through its Standing Committee on Operations and its selected representatives to ad hoc committees, the UFS has had substantial input to SUNY budget considerations, appropriate budget formulae, and relevant budget policies. It has played a significant role in establishing regulations and policies for approving new academic programs coming from the campuses, in creating ways to support and mentor both young faculty in developing their research programs and to assist in the re-training of senior faculty for new lines of research. Through its Awards Committee, the UFS establishes the criteria for the various categories of Distinguished Professorships and screens candidates for these awards that come from the campuses. It has held several symposia that bring together faculty and staff from the various campuses to explore ways of improving general education, integrating academic and co-curricular activities, to deal with issues of plagiarism and academic integrity, and many more. The latest example of the importance of the UFS is its use in trying to resolve conflicts on a campus between the Campus Administration and faculty governance. The Governance Handbook of the University Faculty Senate (pages 13 and 14) details a procedure for the President of the UFS to appoint a select Visitation Team to visit the affected campus after receiving a joint request from the campus President and the head of the campus’ faculty governance organization. This select Team will review relevant documents, engage in a factfinding visit to the campus to meet with relevant parties, and then submit a report that may include specific recommendations to resolve the conflict to the President of the Senate for transmission to the campus President and the head of the faculty governance organization. While this procedure is not invoked frequently, it has been useful on several occasions to deal with conflict on a campus. Its most recent use was this winter to try to deal with a dispute between the campus President and the faculty governance organization. After being informed about such dispute on the Alfred campus, the President of UFS alerted the Alfred campus President and the head of faculty governance on that campus of the availability of the UFS protocol for such situations. On October 12, 2005, the required joint request from the campus was received by the UFS President, who then appointed a select Visitation Team a little over a week later. The Team met during early November via several telephone conference calls to establish its procedures and a timetable for the campus visit and the resulting report. On November 22, 2005, it sent a notice of its forthcoming visit to the campus faculty, staff, and College Council members. In that notice, these members of the campus community were invited to send written submissions and documents relevant to the issues of concern as well as apprised of the Team’s availability to hear from those individuals or groups who wished to provide information in person. Confidentiality was promised for those providing either written or oral submissions. The Team visited the campus for two days (December 8 and 9, 2005) during which time they met with the campus President, her cabinet, the Dean’s Council, the Executive Faculty Senate, and various faculty and administrators who requested to be heard. Additional phone conversations were held with individuals who were not available during the Team’s visit before, during, and after the visit. Before leaving the campus, the Team met to share their initial impressions of the issues involved, to outline the report to be drafted, to assign responsibility for these sections, and to develop a schedule for drafting the report. The Team met in New York City on January 3, 2006 to study the documents it received and to discuss their more considered individual and collective impressions of both these documents and the meetings on the campus. It also discussed early drafts of the various sections of the report that had been circulated via e-mail. The Team met again in New York City on January 20, 2006 to agree on a final report to be submitted to the President of the University Faculty Senate. Fine tuning of the report via e-mail took place during the following week, and the final report was given to the UFS President January 28th. The President of the University Faculty Senate and the chair of the Visitation Team went to the Alfred campus on January 30, 2006 and delivered the Team’s report to the campus President and the head of the faculty governance organization on January 30, 2006, both of whom were given one week to submit any factual errors that they believed were in the report. Both the President and the head of the governance organization communicated their view that there were some factual errors in the draft report that needed to be corrected. The Team considered these suggestions, made several changes to the report as a consequence, and resubmitted it to the UFS President for his approval and then electronic transmittal to the campus. The campus now has the opportunity to review the Team’s report and to consider whether or not, and how, to implement its recommendations. The Visitation Team essentially served as a mirror to give the campus a view of itself from the outside. How it responds to that view is up to the members of the campus community. The Perez Decision and the NYS Open Meeting Law In a recent New York State Court of Appeals case, Perez v. CUNY, (November 17, 2005), the Court appears to have significantly expanded its application of New York State’s Open Meetings Law, (Public Officers Law, §§100-111.) The State University of New York was not a party to this case, and is not specifically bound by its findings, although the precedent set by the case must be carefully considered by SUNY’s campus senates and the University Faculty Senate, to determine whether the Court would similarly require each of those bodies to consider themselves to be “public bodies” under the statute, and therefore conform to the statute’s several requirements. Frederick Schaffer, General Counsel and Vice Chancellor for Legal Affairs at CUNY informed his college presidents of the ruling, by letter dated January 2, 2006. In his letter, Mr. Schaffer described the Court’s reasoning that the Hostos Community College Senate and executive committee were subject to the Open Meetings Law to be based on the Hostos College Senate’s “quintessentially governmental function” by reason of provisions of the College Governance Charter, which bestowed upon it “the power to formulate policy recommendations in a wide variety of areas delegated by the Legislature to the CUNY Board, especially those relating to academic matters.” He also mentioned that “The Court also pointed to the Senate’s authority to review proposals for and recommend the creation of new academic units and programs, its right to be consulted prior to any additions or alterations to the College’s divisions and the fact that it is the sole body at the College that can initiate changes to the College Governance Charter.” Moreover, he indicated that “The Court also emphasized that the College Senate is the sole legislative body on campus authorized to send proposals to the CUNY Board of Trustees, noting that although the policy proposals must first be approved and forwarded by the College President, they overwhelmingly are. Thus, the Court concluded that the College Senate and its executive committee constitute integral components of the governance structure of Hostos Community College and perform functions of both an advisory and determinative nature.” It is not certain that a court would rule the same way with respect to the University Faculty Senate or the various faculty senate bodies at SUNY state-operated institutions, and since Community Colleges at SUNY are not state-operated institutions like they are at CUNY, it is even more difficult to predict how courts would rule regarding senates in each of those institutions. Prior to the Perez decision, SUNY Counsel opined that Open Meetings Law was not applicable to campus faculty senates. It is still possible to argue that the Open Meetings Law remains inapplicable to them. Arguments one way or the other are likely to have varying weight from campus to campus, depending on local bylaws and practices. SUNY’s Policies of the Board of Trustees delegate certain responsibilities to the University faculty (Article VI, §3), to wit: “The University faculty shall be responsible for the conduct of the University’s instruction, research and service programs.” And (Article X, §4), to wit: “The faculty of each College shall have the obligation to participate significantly in the initiation, development and implementation of the educational program.” SUNY’s policies, however, expressly provide that “Provisions of bylaws concerning consultation with the faculty shall be subject to the approval of the chief administrative officer of the college,” and that “all actions under bylaws shall be advisory upon the Chancellor and the chief administrative officer of the college.” (Article X, §5(b) [emphasis added.] Therefore, a court might well conclude that SUNY’s governance model does not require compliance with the Open Meetings Law due to these distinguishing features. We are left, therefore, with a choice of options for responding to the Perez decision. As we pointed out at the Plenary, we could do nothing, meaning treat our meetings as we have in the past and conduct business without attending to Open Meetings Law requirements. Alternatively, we could decide as a matter of policy that we will follow Perez and begin complying with all the complexities of the OML. In the former case, SUNY needs to be prepared to defend a lawsuit similar to the one brought in Perez and to make the argument that SUNY campus senates are limited in their role to advisory functions. support. D. Andrew Edwards, Jr., University Counsel (Originally, this was a letter to Carl Wiezalis, and has been edited slightly for format not content) SUNY Celebration of the Arts A new SUNY-wide project is being launched to showcase the talents of the graphics and performing arts available throughout SUNY. The University Faculty Senate would like to assist in organizing and publicizing the quality of these arts. A letter was recently sent to your campus president asking him/her to appoint a liaison to work with the Celebration of the Arts committee that has been formed to coordinate this Celebration of the Arts. Assisting Faculty Senate President Carl Wiezalis on the Celebration of the Arts committee is Joe Hildreth, Distinguished Service Professor, SUNY Potsdam; Janet Nepkie, Professor, SUNY Oneonta; and Betty Capaldi, Vice Chancellor and Chief of Staff, System Administration. The goal is to initiate the Celebration of the Arts before the end of the spring semester. Some of our campuses already open their doors to the general community to reveal the accomplishments of their students. The University Faculty Senate would like to encourage these public displays and performances. At the System level we will assist with the associated advertising and public relations, organize the collective projects into an Arts Compendium for publication and publicize these collective accomplishments on the SUNY System website, public television, etc. The success of our centralized visual arts initiative, as developed by Professor Joseph Hildreth of Potsdam, encourages everyone to broaden and diversify this concept. We need the support and participation of the campuslevel administration and faculty and have asked campus presidents to share this initiative with art department/ program chairs, program directors, faculty and students. We need liaisons to take responsibility for working with the Celebrations of the Arts Committee. If you are willing to volunteer to be the liaison for your campus please contact your campus president and let him/her know that you are interested in this important celebration of the arts. The liaison volunteer should contact Carol Donato in the Faculty Senate office at 518-443-5326 or 800-547-1548 or carol.donato@suny.edu. We are looking forward to showcasing the best that SUNY has to offer in the Celebration of the Arts!