Approved Minutes
Berkeley Division of the Academic Senate
November 5, 2009, 3:00 to 5:15 p.m.
Booth Auditorium, School of Law
Page 1 of 11
Approved Minutes
MINUTES OF MEETING1
BERKELEY DIVISION OF THE ACADEMIC SENATE
Thursday, November 5, 2009
The fall meeting of the Berkeley Division was held on Thursday, November 5, 2009, in Booth
Auditorium, School of Law, pursuant to call. Professor Christopher Kutz, chair of the Berkeley
Division, presided. Quorum of 50 Senate members was attained and the meeting was called to
order at 3:00 p.m. A request to reorder the agenda to accommodate the speakers was approved.
The meeting was extended from 5:00 p.m. to 5:15 p.m. by approval of the body.
I.
Minutes (Enclosure 1)
Minutes of the April 23, 2009, meeting of the Division were presented.
ACTION: The minutes were approved as submitted.
II.
Announcements by the President
UC President Mark Yudof was unable to attend.
III.
Other Announcements
A.
Chancellor Robert J. Birgeneau
Chancellor Birgeneau applauded a number of Berkeley’s faculty who were
honored with prestigious awards in national and international arenas. Berkeley
continues to rate very highly in international rankings. Notably, Berkeley was
named #1 by the Washington Monthly, the only organization which rates
institutions in criteria consistent with Berkeley’s values: service, research,
excellence, and diversity. About 20 Hewlett chairs will be completed this year.
Berkeley experienced a $150M shortfall in state funding this year, in part a
permanent cut. Drastic measures have been necessary to cut expenses, including
layoffs and furloughs, and have affected faculty and staff. The faculty’s
participation in the furlough program has saved hundreds of staff positions and
has helped to protect small units.
Federal stimulus monies have helped the campus to cope with this fiscal crisis,
but a range of strategies in response to the shortfall are needed. Expenses are
being cut and debt is being reduced. Berkeley’s unfunded overenrollment will be
decreased; the number of nonresident and international students will be
increased. Student fees may increase. The administration is undergoing an
efficiency review called Operational Excellence. Fundraising efforts are focusing
on academic programs, legislative advocacy strategies are being developed, and
Berkeley is taking a leadership role toward re-evaluating the financial model for
higher education in public research institutions.
1
Recordings of Divisional Meetings are available online at http://academicsenate.berkeley.edu/meetings/meetings.html, or by appointment at the Academic Senate Office. Contact
acad_sen@berkeley.edu for more information.
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November 13, 2008, 3:00 to 5:00 p.m.
Lipman Room, Barrows Hall
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The administration is working to resolve the intercollegiate athletics deficit
(although some support for compliance with Title IX will continue to be needed).
During the renegotiation of media contracts in 2012, campus representatives will
strive to secure a greater return for the campus.
B.
Berkeley Division Chair Christopher Kutz
Chair Kutz has endeavored to maintain the Senate’s voice in strategic budget
planning, the Operational Excellence review, and other high level discussions,
and has initiated a number of events and resources this year to keep Senate
members informed. He will participate in advocacy actions for higher education
and access for California residents. Chair Kutz encouraged Senate members to
become involved.
C.
ASUC Vice President for Campus Affairs John Tran
Vice President Tran enumerated five of the students’ primary concerns during
this fiscal crisis:
•
Academic support services, such as student lecture notes, webcasts, and
advising services, should be protected.
•
Students are very concerned about not having access to the courses
needed for graduation.
•
Classroom upgrades should be prioritized.
•
Saturday library closures have seriously reduced the study options for
students.
•
Evening classroom closures and decreased custodial services have also
had a negative effect on student group meetings and study halls.
The ASUC asks the Senate for support in resolving these issues.
IV.
Special Orders-Consent Calendar
For proposed legislative amendments, additions to the current text are noted by an underline;
deletions to the current text are noted by a strikethrough line
A.
Proposed Amendment to Berkeley Division Bylaw 100 (Degrees, Certificate,
Honors)
Candidates for certificates that do not conform to Senate Regulation 735, which
governs certificates of completion of graduate curriculum, are not be
recommended to the Chair of the Committee on Courses of Instruction (COCI),
Chancellor, or President for approval. Responsibility for approving candidates
for certificates that do not meet the criteria stated in Senate Regulation 735
resides with the academic units offering these certificates. The proposed
amendment clarifies COCI's responsibility in this regard.
100. Degrees, Certificates, Honors
•
The Division delegates to the Committee on Courses of
Instruction its authority to recommend to the Chancellor at
Berkeley, for transmittal to the President of the University,
candidates for Degrees, Certificates that meet the criteria stated in
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Berkeley Division of the Academic Senate
November 13, 2008, 3:00 to 5:00 p.m.
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•
•
Senate Regulation 735, and Honors.
In its review of doubtful cases, the Committee shall consult with
the recommending officer.
After forwarding its recommendations, the Committee shall
report such action at the next regular meeting of the Division.
ACTION: The proposed amendment to B.D. Bylaw 100 was approved as submitted.
V.
Reports of Special Committees
A.
Faculty Budget Working Group
Professor John Ellwood, chair of the Committee on Academic Planning and
Resource Allocation (CAPRA) and a member of the Faculty Budget Working
Group, presented an update on the Faculty Budget Working Group. The group
was formed to provide an active Senate presence in the budget decision-making
process, and has worked to ensure transparency of the budget process by
conveying detailed information to the Senate membership. This year the working
group was formalized by Divisional Council (DIVCO) and its membership
expanded. It is now comprised of the Division chair and vice chair, some
members of CAPRA, the current and past chairs of the Committee on Budget and
Interdepartmental Relations (BIR), and two elected members of DIVCO. The
financial situation needs more study, but opportunities for structural
improvements are being found.
B.
Task Force on Enrollment Planning
Professor George Johnson is chair of the Committee on Admissions, Enrollment
and Preparatory Education (AEPE), and served as co-chair of the joint
Senate/administrative task force on undergraduate enrollment over the summer.
The task force submitted an interim report outlining a number of principles of
enrollment, developed with respect to equity, inclusion, and access. It is
recommended that enrollment be aligned with state support and guided by the
California Master Plan for Higher Education. Berkeley’s overenrollment should be
decreased to protect the quality of education; fewer California freshmen would
be enrolled, but nonresidents would be increased as long as California residents
benefit. Fall transfers would be decreased. Spring admits would not change. A
significant revenue gain will be realized from these changes.
The task force’s recommendations were slightly revised by the administration,
and had to be submitted to the Office of the President for the generation of
enrollment projections before completion of the campus review. AEPE voted to
oppose the recommendations of the interim report on the basis of protecting
access for California residents. AEPE felt the risk to access and political support
for UC was not worth the gain in revenue, and that the recommendations were
not compatible with Berkeley’s principles of comprehensive review.
DIVCO considered both positions then endorsed
recommendations with the following conditions:
the
task
force’s
•
When funding is restored, the ratio of resident to nonresident students
should be reexamined.
•
Any revenues generated through increased nonresident enrollments
should be used to protect the quality of undergraduate education.
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Berkeley Division of the Academic Senate
November 13, 2008, 3:00 to 5:00 p.m.
Lipman Room, Barrows Hall
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•
DIVCO requested an annual report on the disposition of these funds.
The Undergraduate Admissions Coordination Board (COORD Board) endorsed
DIVCO’s position, and the task force recommendations were adopted by the
campus under those conditions.
Chair Johnson noted that the charge of the task force has since changed. It is now
charged to define and set policy on service and gateway courses.
VI.
Reports of Standing Committees (None)
VII.
Petitions of Students (None)
VIII.
Unfinished Business (None)
IX.
University and Faculty Welfare
A.
Intercollegiate athletics at UC Berkeley
Discussants on this panel included: Chair Kutz (Law); Professor Alice Agogino
(Mechanical Engineering); Professor Brian Barsky (Electrical Engineering and
Computer Sciences); Director of Athletics Sandy Barbour; Vice Chancellor for
Administration Nathan Brostrom; and Division Vice Chair Fiona Doyle
(Materials Science and Engineering).
Chair Kutz is ex officio co-chair of the University Athletics Board (UAB), a joint
Senate-administrative group that provides oversight on academic, financial, and
Title IX-related issues in intercollegiate athletics (IA). A number of “disputable
claims” have been made about IA.
•
The Division 1 football and basketball cost too much.
Actually, these two sports have generated monies and have helped to
support other sports.
•
IA programs should be self-supporting.
In reality, most are not, and athletics expenses have gone up while revenues
have weakened. The campus has subsidized IA programs for years, and
some feel strongly that this campus support for athletics is very detrimental
to Berkeley’s core academic mission.
•
Donors should support academics rather than athletics.
Chair Kutz feels there is room for both, particularly since Berkeley has built a
strong identity around its IA programs. Endowment funds should be
pursued to support non-revenue-generating sports.
•
Much of the expense is due to Title IX.
The UAB provides oversight on gender and equity issues and Title IX
compliance.
Vice Chair Doyle, a member of the UAB, elaborated on the group’s oversight on
Title IX compliance and other athletics issues. The UAB addressed the women’s
rugby club, staff climate, and other issues this year.
Vice Chancellor Brostrom has worked to develop a long-term financial model for
IA that addresses revenue generation, expense control, and stabilizes the need
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Berkeley Division of the Academic Senate
November 13, 2008, 3:00 to 5:00 p.m.
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for campus support. A review of the program scope is planned. The campus has
advocated for policy reform in athletics at the national level. IA will be held to
the same financial standards as other units on campus but he acknowledged that
compliance with Title IX will continue to require some support.
Director Barbour spoke about her goals for IA, and Athletics Done Right,
principals for student athletes: athletic success, academic achievement,
community engagement, and fiscal responsibility. Director Barbour urged
support for athletics during this transition to self-sufficiency.
Professor Barsky highlighted the auxiliary status of IA and the cost of IA
subsidization to Berkeley’s academic programs. Berkeley could serve as a model
for other institutions by putting academics first and making hard decisions about
athletics. Professor Barsky called upon the Chancellor to implement the changes
detailed in the intercollegiate athletics resolution (Item X).
Professor Agogino (2005-06 co-chair of the UAB) spoke to the Senate’s efforts
over past years to clarify the true cost of the athletics subsidy. CAPRA had made
a recommendation for the reduction of the IA deficit on a glide path; gains which
were since made have now been lost during the current fiscal crisis. Like Director
Barbour, she supports a robust and self-sufficient IA program, but feels that a
realignment of campus priorities is crucial at this time.
A student athlete and an alumnus, both members of the UAB, were introduced
to speak about the value of Berkeley’s IA programs.
Procedural motion: A procedural motion was made (and was seconded) to
return to faculty discussion.
Vote: Passed by a voice vote with two-thirds majority.
During the Question and Answer period, several faculty emphasized that the
concern at hand is a crisis of finances and academics, rather than about the value
of athletics to the campus community. Hard choices must be made to eliminate
the athletics subsidy, and provide desperately needed resources to academic
units and programs. No further action was taken at this time.
X.
New Business
A.
Resolution on Intercollegiate Athletics at UC Berkeley (Handout A)
Chair Kutz recognized Professor Michael O’Hare (Public Policy) to present the
Resolution on Intercollegiate Athletics on behalf of all eight signatories. The
proponents of the resolution called for a refocusing of priorities back on
academics and scholarship at Berkeley, with an end to the subsidization of IA as
soon as possible. They urged the Chancellor to prioritize academics in
fundraising, and to take immediate steps to reduce athletics expenses.
Main Motion: Professor O’Hare moved (and it was seconded) to approve the
Resolution on Intercollegiate Athletics at UC Berkeley.
Whereas, Although it is widely believed that the Department of Intercollegiate
Athletics (DIA) earns a profit for the Berkeley campus, its financial statements reveal
that it significantly outspends its revenues every year, depleting precious campus
resources;
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Berkeley Division of the Academic Senate
November 13, 2008, 3:00 to 5:00 p.m.
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Whereas, For the most recent 5-year period for which the DIA has released
detailed data (2003-08) its cost to campus has been at least $10 million every year except
for 2007-08 for which the cost was $7.4 million;1
Whereas, Current estimates for the most recent fiscal year (2008-09) indicate
that the cost to the campus is expected to be a record high of approximately $13.5 million
and is expected to be even higher for the current fiscal year (2009-10); 2
Whereas, The DIA has cost the campus approximately $160 million since 1991;1
Whereas, The DIA is authorized to operate as an Auxiliary Enterprise on a
financially self-supporting basis;3
Whereas, The DIA’s services are provided directly to only approximately 900
among 35,000 students (or 2.5%) at the Berkeley campus;
Whereas, Student-athletes are given a wide range of special privileges and
perquisites not accorded to regular students, including course enrollment priority,
exclusive tutoring, exclusive conditioning and practice facilities, subsidized superior
residence facilities, personal transportation, hotel stays before home games, and more;
Whereas, The Berkeley campus is about to incur a much larger $457 million debt
risk through external financing of $321 million4 to renovate the California Memorial
Stadium and $136 million5 to construct the Student-Athlete High Performance Center
(SAHPC), a facility with access that will be restricted to only 450 student-athletes, less
than 1% of the students, staff, and faculty on campus;6
Whereas, This $457 million dollar debt is being arranged to be repaid by the
DIA, despite the fact that the DIA operates at a loss;
1
Computed from UC Berkeley Senate CAPRA estimates and DIA financial statements as shown on:
http://budgetcrisis.berkeley.edu/?page_id=16
2
The DIA has not provided us detailed financial information for the 2008-2009 fiscal year; only this
estimate.
3
Auxiliary Enterprises “are those non-instructional services provided to individuals, primarily students,
in return for specific user charges. These services include student housing, intercollegiate athletics, food
services, and parking. Auxiliary Enterprises are self-supporting and are not subsidized by the state”,
Governor’s Budget 2009-10.
4
Amendment of the Budget for Capital Improvements and the Capital Improvement Program and
Approval of External Financing, Berkeley Campus, Meeting of the UC Regents, Sept. 17, 2009, document
GB, page 3.
5
Amendment of the Budget for Capital Improvements and the Capital Improvement Program and
Approval of External Financing, Student Athlete High Performance Center, Berkeley Campus, Meeting of
the UC Regents, Feb. 3, 2009, document GB1A, page 3.
6
ibid., page 9.
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Whereas, Recreational activities and facilities, which could benefit the mental and
physical health of all students, staff, and faculty in the UC Berkeley campus community,
are underfunded and understaffed;
Whereas, The scholarly literature7 shows that it is a misconception that
intercollegiate athletics earns money for universities and even the NCAA reports that
increased spending on athletics does not increase alumni donations to the university
(which prompted the NCAA president to advise college presidents to reconsider their
institutional spending on sports);8
Whereas, Refereed journal articles conclude that the evidence shows increased
giving to athletics often brings with it a decline in academic fundraising at the same
institution;9
Whereas, Only one-third of Cal’s men’s basketball players and one-half of the
football players graduate10 and Cal’s football graduation rate is near the bottom of the
Pac-10 Conference;11
Whereas, The second largest line item (after health care) in the annual student
registration fee (paid by both undergraduate and graduate students) is for Intercollegiate
Athletics, amounting to $2 million annually, provided to the DIA by non-athlete
students to benefit the approximately 900 athletes and to subsidize ticket prices for event
attendees;
Whereas, Competitive intercollegiate athletics is not part of the core UC mission
of “undergraduate education, graduate and professional education, research, and other
kinds of public service, which are shaped and bounded by the central pervasive mission of
discovering and advancing knowledge”12; and
Whereas, The university is facing historically severe financial pressures, putting
core-central activities at risk; be it therefore
RESOLVED, that:
1. The faculty recommends that the Chancellor put Intercollegiate Athletics on its
intended self-supporting basis, taking immediate action to effect the following:
7
List of references at: http://budgetcrisis.berkeley.edu/?page_id=16.
8
The Empirical Effects of Collegiate Athletics, reports commissioned by the NCAA, by Robert E. Litan,
Jonathan M. Orszag, and Peter, R. Orszag, 2003 and by Jonathan M. Orszag and Peter, R. Orszag, 2005.
9
Jeffrey L. Stinson and Dennis R. Howard, "Scoreboards vs. Mortarboards: Major Donor Behavior and
Intercollegiate Athletics", Sport Marketing Quarterly, 2004,13, pp. 129-140.
10
2008 NCAA Division I Federal Graduation Rate Data,
http://web1.ncaa.org/app_data/inst2008/107.pdf
11
“In classroom, Bears must finish what they start”, by Tom FitzGerald, San Francisco Chronicle, Sunday,
November 30, 2008, http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/11/30/SPKG146T55.DTL
12
University of California Academic Plan, 1974-1978
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a. All funding of Intercollegiate Athletics from campus subsidies and the
use of student registration fees cease immediately (or as soon as possible
to the extent permitted by existing contract constraints).
b. The DIA cease annual deficit spending and the Berkeley campus not
permit Intercollegiate Athletics to spend beyond its actual annual direct
revenues. 13
c. All DIA coaching compensation be subject to full furlough unless the
DIA has a net annual profit based on direct revenues13 large enough to
cover the furlough amounts..
2. The faculty recommends that the Chancellor take immediate action to ensure that
Intercollegiate Athletics develop a viable plan, by the Spring meeting of the
Berkeley Division of the Academic Senate, to retire the cumulative debt to the
Berkeley campus.
3. The faculty recommends that the Chancellor and the development staff urge
donors to prioritize academics at the Berkeley campus.
4. The Academic Senate establish a Senate Intercollegiate Athletics Oversight
Committee composed solely of Senate members to oversee the DIA operations, to
promote transparency and clarity, and to confirm the satisfactory
accomplishment of the above items.
Respectfully submitted,
Alice M. Agogino, Professor of Mechanical Engineering
Brian A. Barsky, Professor of Electrical Engineering & Computer Sciences
Leslea J. Hlusko, Associate Professor of Integrative Biology
Jere H. Lipps, Professor of Integrative Biology
Margaretta Lovell, Professor of Art History
Laura Nader, Professor of Anthropology
Michael O’Hare, Professor of Public Policy
Loy Volkman, Professor Emerita of Plant and Microbial Biology
Procedural motion: A procedural motion was moved (and it was seconded) to
allow pro and con presenters four minutes each for presentation, and
subsequent speakers two minutes each during debate.
Vote: Passed by voice vote with a two-thirds majority.
Professor Gary Firestone (Molecular and Cell Biology) was recognized to speak
against the resolution. He presented a substitute motion on behalf of the
signatories: Professor Martin Sanchez-Jankowski (Sociology); Professor Firestone
(Molecular and Cell Biology); Professor Georjana Barnes (Molecular and Cell
Biology); Assistant Professor Gordon Silverstein (Political Science); Professor
Michael Botchan (Molecular and Cell Biology); Professor Leonard Bjeldanes
(Nutritional Science and Toxicology); and Professor David Drubin (Molecular
and Cell Biology). The substitute motion proposes that the Academic Senate
prepare and submit a financial plan for IA to address the fiscal deficit and plan
for recovery.
13
Direct revenues do not include any campus subsidies or student registration fees.
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Substitute Motion: Professor Firestone moved (and it was seconded) to amend
the resolution with a substitute motion.
We move to substitute for all clauses and paragraphs of the pending motion the
following resolution:
"Whereas
the
University
of
California,
Berkeley
is
experiencing
significant financial stress and whereas the Department of Intercollegiate Athletics is
operating at a substantial deficit, it is resolved that the Senate Budget Working
Group recommend a new financial plan for Intercollegiate Athletics to the Chancellor
and the Academic Senate.
So as to insure coordination with the planning process underway in the Department
of Intercollegiate Athletics, for the purpose of this resolution only, the Senate Budget
Working Group should be expanded to include as ex officio members the Vice
Chancellor for Business Administration and the Director of Intercollegiate Athletics.
The plan should be guided by the report of the Committee on Academic Planning and
Resource Allocation approved at the April 19 2007 meeting of the Senate. The plan
should propose a determinate amount for the campus subsidy for Intercollegiate
Athletics and set a shortened, realistic time frame for achieving the self-sufficiency of
Intercollegiate Athletics.
The proposed plan should assume continued membership of the University of
California, Berkeley in the Pacific-10 conference and fully comply with the campus's
commitment to Title IX and women's athletics.
The plan should be submitted before the spring 2010 meeting of the Academic Senate.
SUBMITTED BY:
Martin Sanchez-Jankowski (Sociology)
Gary Firestone (Molecular and Cell Biology)
Georjana Barnes (Molecular and Cell Biology)
Gordon Silverstein (Political Science)
Michael Botchan (Molecular and Cell Biology)
Leonard Bjeldanes (Nutritional Science and Toxicology)
David Drubin (Molecular and Cell Biology)
Professor Agogino objected to the motion, stating that it was not germane to the
topic and should be ruled out of order. Chair Kutz ruled, after consultation with
Division Parliamentarian Ronald Gronsky, that the substitute motion was
germane, and it would stand as the question now before the Division.
Procedural Motion: Professor Agogino appealed from the decision of the chair
(which was seconded) seeking a vote of the Division to overrule the Chair’s
decision that the substitute motion was germane to the topic.
Vote: Majority opposed by a voice vote.
The decision of the chair was upheld. Debate on the substitute motion continued.
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November 13, 2008, 3:00 to 5:00 p.m.
Lipman Room, Barrows Hall
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The signatories of the main motion were then offered the opportunity to amend
their resolution; they declined.
Motion: Professor Brian Harvey (EECS/Computer Sciences) moved (and it was
seconded) to amend the substitute motion by striking language from
Paragraph 4.
(Deleted text is indicated by strikethrough lines):
The proposed plan should assume continued membership of the University of
California, Berkeley in the Pacific-10 conference and fully comply with the
campus’s commitment to Title IX and women’s athletics.
Vote: Majority opposed in a voice vote.
A call for the question on the substitute motion was moved by Professor Gibor
Basri (and was seconded):
Procedural motion: It was moved (and was seconded) to close debate on the
substitute motion.
Vote: Passed by a voice vote with two-thirds majority.
Motion: It was moved (and was seconded) to submit the substitute motion to a
mail ballot.
Vote: Majority opposed in a voice vote.
Procedural Motion: At 5:00 PM a procedural motion was made (and was
seconded) to extend the meeting to allow more time for debate.
Vote: Passed by a voice vote with two-thirds majority.
A call for the question on the substitute motion was moved (and was
seconded):
(Approval of the substitute motion would dispose of the main motion.)
Motion: It was moved (and was seconded) to approve the substitute motion.
Vote: Majority opposed:
In favor: 58
Opposed: 99
A call for the question on the primary motion was moved (and seconded):
Motion: A motion was made to close debate on the substitute motion.
Vote: Passed by a voice vote with two-thirds majority.
Motion: Chair Kutz moved (and was seconded) to approve the primary motion
as noticed.
Vote: Majority in favor:
In favor: 91
Opposed: 68
ACTION: The resolution on intercollegiate athletics was approved. Chair Kutz
was authorized to forward the resolution to the Chancellor.
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The meeting adjourned at 5:15 p.m.
Daniel Melia
Secretary, Berkeley Division