University of Texas Faculty Advisory Council APPROVED MINUTES: October 11-12, 2007 Ted Pate-Chair UTHSC Houston James Bartlett-Secretary UT Dallas John Sargent UT Pan American Danika Brown UT Pan American Murray Leaf UT Dallas Doug Hale UT Permian Basin James Eldridge UT Permian Basin Joel Dunnington UT MD Anderson Jim Klostergaard UT MD Anderson Thursday, October 11, 2007 10:05 AM FAC Chair Dr. Ted Pate, Board of Regents Meeting and orientation of new FAC members Dennis Reinhartz-Past Chair UT Arlington Larry Ellzey UT El Paso Barbara Haas UT Tyler William Engle UT Southwestern Kieth Krolick UT San Antonio Douglas Burger UT Austin Amy Jaspersan UT San Antonio Pierre Neuenschwander UTHSC Tyler Bola Olusola UTHSC Tyler Mansour O. El-Kikhia-Chair elect UT San Antonio Sandy Norman UT San Antonio Karen Fuss-Sommer UT Brownsville Marilyn Kaplan UT Dallas Emily Robinson UTHSC Houston Daniel Formanowicz UT Arlington Thomas Albrecht UTMB Galveston Faculty Advisory Council (FAC) Chair Ted Pate reviewed actions and events at the BOR meeting of August 22-23 and entertained questions. He reported that he met with two Regents and two legislators, as well as Chancellor Yudof and other UT System administrators. The meeting itself included presentations on a range of issues including phased retirement and maintenance of tenure when going part time, as well as the Leadership Academy, currently aimed at training department chairs. In the subsequent discussion, it was suggested that the Executive Committees of the Staff, Student and Faculty councils could meet once a year. The annual orientation session covered what the FAC is, what the FAC committees are, and the current leadership of the FAC. A Chair of each standing subcommittee described the current subcommittee initiatives and goals, and the FAC Secretary explained his duties and philosophy of minute-taking (involving paraphrasing to get at the gist of discussions).. October 11-12, 2007 1 University of Texas Faculty Advisory Council APPROVED MINUTES: October 11-12, 2007 There followed a wider discussion of current initiatives and goals, including that of having a Faculty Regent. 11:30 AM Dr. Kieth McDowell, Executive Vice Chancellor of Research and Technology The FAC Chair introduced Dr. McDowell (hmcdowell@utsystem.edu), Executive Vice Chancelor of Research and Technology, who gave a Powerpointenhanced presentation on the functions of his office. The following are some of the key points made, along with Questions (Q) and comments (C) from FAC members, and Dr. McDowell’s answers (A). These are paraphrased and should not be taken as direct quotes. The office has Associate Vice Chancellors for technology transfer, and for technology commercialization, and we are looking for an Associate Vice Chancellor for research administration and compliance. The office also has a RTT Council and RTT Managers’ Council, and under the former there is a administrative/compliance working group, an environmental and health and safety committee and a contract specialist working group. The office also has an external advisory committee on Research and Technology Transfer (with Michael Dell as a member) reporting directly to Dr. McDowell Q: How have these committees improved our rate of licensing? A: The group that has worked most on this is the Technology Managers Council, which has been focused on best practices at the UT campuses. We want to shift the focus more to the business side. Our achievements as a System include being first in biotech patents and 4th in total patents issued. Dr. McDowell then turned to discussion of major goals of his office. 1. Research collaboration initiative. There are five recommendations involving mechanisms and incentives for collaborations. We have started some institutes for collaborations including the nanoelectronics initiative, and a drug delivery institute, and we want to have others. These are not institutes that report to a the Associate Vice Chancellor. Rather, they are system institutes thar are funded through operational dollars. Another collaboration initiative is the Sandia National Laboratory Initiative (handout). This will offer training opportunities for Sandia scientists, and develop a pipeline for UT System graduates. One goal is to transform engineering education. Current collaborations with Sandia include: (a) modeling and simulation, (b) healthcare modeling, (c) bioengineering for biodefense and emerging infectious disease, and (d) nano-engineering. We are interested in speeding up these activities with Sandia, but there have been problems with funding. We are also working on a Texas Alliance for Nanotechnology. This is a October 11-12, 2007 2 University of Texas Faculty Advisory Council APPROVED MINUTES: October 11-12, 2007 government-industry-university partnership involving the UT System and the Texas A&M System. A committee of 8 will be working on this, and the . Intellectual Property Task Force is also involved. One need is for a business plan. 2. Research Administration Compliance. We have an IRB (Institutional Review Board) task force that will have 18 months to create a report. One issue we will address is IRB “mission-creep” (where more and more activities come under the purview of IRBs). We also are working on time and effort reporting (one problem being that of avoiding contradictions with the payroll system), electronic research administration (concerning government grants), environmental health and safety, institutional biosafety, and conflicts of interest. The IRB task force is the only one that currently active. In discussion, several FAC members voiced complaints that time and effort reporting does not deal with the fact that many of us work much more than 40 hours per week. Dr. McDowell pointed out that time and effort reporting is, technically, concerned with percentages of hours worked, not total numbers of hours worked. He also pointed out that federal agencies are very serious about this matter, going so far to look at laboratory notebooks. 3.Technology Commercialization. Dr. McDowell reported that we are starting regional operations and partnerships with the business community. He discussed a model of technology transfer involving a grant getting channel and other activities involving graduate students. He noted that in the future, universities will be more and more involved in technology transfer and commercialization. He also noted that we have been successful getting funding from the Texas Emerging Technologies fund, and that we are extending the UT Arlington faculty profile system, which serves as a gateway to campus data bases. Q: What is the percentage of Texas-owned patents that have been licensed? Are such data being monitored? A: We don’t have data on this yet, but want to build a data base for this purpose. We will have such information in a year or so. In response to another question, dr. McDowell noted the Research Collaborations Task Force will be examining reported barriers to collaborations, including IRB problems, and the ability to move money back and forth between components. In response to other questions, Mr. McDowell stated that the UT System is 100% behind this effort, and he, personally, is entirely committed to the problem. The session closed with a comment from the floor that Dr. McDowell had been hitting all that right points and that we wish him well in his efforts. October 11-12, 2007 3 University of Texas Faculty Advisory Council APPROVED MINUTES: October 11-12, 2007 1:10 PM Barry McBee, ViceChancellor for Governmental Relations Mr. McBee began by noting that he would send the FAC an electronic version of his comments, which are paraphrased below: Reporting on the outcome of the legislative session, Mr. McBee noted that funding for higher education rose 12%, that TRBs (tuition revenue bonds) were fully funded, and that formula funding also was up. The HEAF was funded with $75 million more, and there was $140 million for financial aid and $190 million in research funding The $220 million increase in formula funding for higher education is good news. But the true funding level is still not close to 2003 funding levels on an inflationadjusted-per-student basis. The same is true for financial aid, and there is no new money for be-on-time student loans. Individual campuses will have to cover the cover these costs. There is a new fund targeted toward rewarding campuses with $50 million in external research funding (i.e., only UT Austin at this point). This may evolve into an additional type of formula funding, but the future is not clear on this point. The governor vetoed $570 million in funding, including $190 million for higher education (especially employee health insurance). The Legislative Budget Board may need to deal with this, but Mr. McBee thinks this is politically tricky because the LBB includes the Speaker and two candidates for Speaker and they would not want a meeting where they could not control the outcome. The governor also vetoed $37 million in special items, including three UT System items, as well as bills that would allow two institutions in the state to become full fledged four-year institutions. Mr. McBee then reported that the Governmental Relations office is focused on what happens next. The legislature is working on research funding and policies on research in higher education, as well as strategic planning on how institutions should develop. Two select bodies are involved in these efforts. One is the House committee on higher education finance. The chair of this committee wants to focus on flagships, but also wants the legislature to pass on a new flagship before moving in that direction. Prepaid tuition programs and health insurance also being considered. The second select body is a special commission on higher education and global competitiveness which will write the next strategic plan for higher education. There has been much discussion of relationships between institutions and localregion needs, and some believe the state needs a West Texas University System. The commission is also considering the role of the Texas Higher Education October 11-12, 2007 4 University of Texas Faculty Advisory Council APPROVED MINUTES: October 11-12, 2007 Coordinating Board (THECB). One idea is to replace THECB with a kind of super Coordinating Board that might, for example, have the power to name the next flagship university in the state. This commission might include a prior academic such as Dr. Larry Faulkner. Answering a question, Mr. McBee reported that there has been some discussion of nursing programs. The goal is to have more nursing graduates, but there is no recognition of the best w ay to do this. For example, there is no real recognition that programs in Texas need to meet requirements of accrediting agencies. Thus, we cannot yet say that a solution on the way. In response to other comments and questions, Mr. McBee reported that we should know the identities of the new Regents by the November Board of Regents meeting, that there have been no dramatic changes on the Formula Funding Advisory Committee (though there has been some discussing of using different formulas for institutions with different missions), and there are strong feelings in the legislature that the things we request as Special Items should be funded through the formula. Mr. McBee also noted that the Comptroller found one and one half billion dollars so that the state might have a large surplus. However, the consquences of such a surplus (if it happens) are unclear as there will be pressure from business entities to lower their tax burden. . When asked about his current activities, Mr. McBee reported that his office has offered names for the Select Commission on Higher Education, and has been working on incentive funding for higher education, as well as a scholarship program for students in the top 10% of their classes. Finally, Mr. McBee kindly offered to send a electronic copy of his report. 1:30 PM 2:30 PM 4:30 PM Mr. Dan Stewart, Assistant Vice Chancellor for Employee Services The minutes of the FAC meeting of May 24-25 were approved without correction. Campus Reports (see attached) Committee Meetings Mr. Stewart introduced the FAC to Faye Godwin and proceeded to describe the changes in the UT System retirement program. He began by noting that 403B regulations were the spur behind the changes in the retirement system. The 403B program is the ORP (Optional Retirement Program) which (ironically) is mandatory (unlike the voluntary annuity program). He then traced the history of how the new retirement program was developed. There was a need to come up with minimal standards and a request for proposals October 11-12, 2007 5 University of Texas Faculty Advisory Council APPROVED MINUTES: October 11-12, 2007 (RFP) reflecting these standards was widely distributed to financial services companies. The System received 17 responses (out of 100+), and 8 of these companies made the cut. Since 3 of these companies were already participating, only 5 new companies were accepted. The System will be contacting these companies and meeting with company representatives. Care has been taken to avoid high fees and expenses. There now are 6 current programs, and 8 grandfathered programs, but the latter cannot take any new clients. The 6 current programs are: AIG Ing Lincoln financial Metlife resources Fidelity TIAA Creft The grandfathered companies are listed below (faculty already using these companies can keep contributing to them at current levels). Axa equitable Kimper investors Lincoln investment planninig Nationwide life insurance Rf group And three that already were part of some entity: Integrated resources Security first group Transamerica life insurance If a faculty member’s company is not among the approved or grandfathered programs, he or she must change and must do so by December 10. Finally, contributions to the voluntary annuity program will stop if a faculty member has not changed carriers. For more information, the appropriate web address is www.utretirement.utsystem.edu. This site has many links to things like performance data on funds. The plan has an open architecture allowing faculty to invest in funds from companies that are not their carriers. In response to a question, Mr. Stewart noted that 457B plans are delayed compensation plans and are separate from 403B plans. Regarding the former, it has been worked out with the legislature that all funds can be transferred to Fidelity, In fact, all such money has already been moved and people have been October 11-12, 2007 6 University of Texas Faculty Advisory Council APPROVED MINUTES: October 11-12, 2007 notified. Friday, October 12, 2007 9:00 AM Committee Meetings 10:00 AM 11:06 AM Dr. David Prior, Executive Vice Chancellor for Academic Affairs Campus Reports (cont’d) Dr. Prior began his remarks by stating his interest in faculty governance, noting that he is currently on the faculty at UT Austin (Jackson School-Geology). He affirmed his interest in the other UT Components, has visited each one already, and intends to return to each of these campuses to talk with faculty leaders. Originally from a small town in Ireland, Dr. Prior served in the British Merchant Navy, and was the first from his hometown to go to college. He moved from Belfast to LSU, then to Canada (Halifax, NS), to Texas A&M, before arriving in Austin. There followed a series of questions (Qs) and comments (Cs) that are summarized below, along with Dr. Prior’s answers (As). C: Chancellor Yudof has been sympathetic to shared governance and faculty responsibilities, including faculty in deliberations concerning the policies of the Regents Rules and HOPs. This is a polar opposite to Texas A&M where faculty governance is only advisory. In the UT System, the faculty has a preponderant voice in appropriate areas. A: Rules require participation of faculty, but I am not yet aware of the full scope of the Regents Rules. C: Currently the FAC is working on clarifying faculty role and the definition of “faculty”. A: This is a good starting point. At this point, there was discussion of a prior attempt by the FAC to define faculty and what the consequences were. Dr. Prior commented that he is not concerned about former positions, and will make up own mind about issues. He asked for items that are pending from prior FAC initiatives. Q: What are your ideas on the relationship between tenure and salary? A: At Texas A&M, we decided on 4 imperatives, number 1 being Faculty Reinvestment (new faculty, faculty parity). Q: Can you draw down faculty salary by 50%? (There was discussion of a October 11-12, 2007 7 University of Texas Faculty Advisory Council APPROVED MINUTES: October 11-12, 2007 faculty member who failed to continue to attract grant funding, and who suffered a salary cut, and was assigned additional teaching load.) A: Tenure is of fundamental importance to the academy. We have tried to educate regents on the role of PPE (periodic performance evaluation), on what is expected with tenure, productivity, etc. We have pointed out to regents that the pre-review process is very important, and the 3 year review as well. We will make sure that HOP policies on PPE policies are followed by developing relationships with Presidents. C: Faculty can be great supporters of efforts. A: The question is whether the institution is providing excellence so that students and faculty want to go there. Managing pursuit of excellence is essential. There followed several questions and comments concerning: (a) what is being done to address retention rates of faculty, (b) hopes that Dr. Prior and his office will try to understand why faculty flee, and (c) what can be done to address salary compression. Dr. Prior responded that salary compression is a serious problem. We live in competitive circumstances and have to compete. It takes a deliberate effort to make wise choices, continuously evaluating what is going on with full consideration of budgetary constraints. C: The California system uses fixed scales, and helps out with housing. A: Much money, such as STARS + funding, is going to technical fields. There is a real need across the system for operational dollars. We are proposing STARS funding on a competitive basis for non-technical fields. We need more operational dollars for faculty and more support for graduate students. C: Endowments are growing at Harvad, Yale, etc. Our own merit increase is not competitive with private and other public institutions. We also suffer in competing for students, and have recently lost a Korean student to Stanford which offered a $58K scholarship. A: On the positive side, Texas is still investing in higher education. The Governor is setting up a taskforce on higher education, and some powerful legislators are supporting higher education. State support has declined however, and the shift to tuition for funding continues. In order for us to be competitive on a big scale, we have to be competitive financially. Various funds can help. Can we compete in targeted areas? Yes. Even with resource-mismatches we are competitive. C: On the UT Austin campus, we are losing good people. We feel like the state doesn’t care about higher education. October 11-12, 2007 8 University of Texas Faculty Advisory Council APPROVED MINUTES: October 11-12, 2007 A: Work is being done. What is important is that some areas are getting clobbered by new formula funding rates (English, education, nursing, etc.). UT is being caught, and flat rate tuition, etc., is not helping. We will be looking at legislative fixes if possible. 12:15 PM Dr. Kenneth Shine, Executive Vice Chancellor for Health Affairs Dr. Shine began his remarks by noting that the restoration of formula funding is key for higher education. He also reported that the search for a new President at UTMBGalveston has been successfully completed and that a search for a new president at UTHSC Houston is awaiting full composition of the search committee. We also will be searching for a new president at UT Southwestern. These Presidential searches demonstrate the region’s commitment to do what is best for a university. There is a need interactions between these health campus and the academic campuses. Dr. Shine reported that we have established an academy for health professional education and that we are providing funding for a variety of health education initiatives. Dr. Stobo from UTMB is overseeing this program. There also are competitive grants programs. One big question is how to transform how health education is done? Several important projects are underway. A proposal for a task force on graduate studies will be formally submitted at November BOR meeting. One of the outcomes is a commitment of $5 million to improve graduate education. A STARS + source program allows for operational, non-equipment uses of funds. This may be combined with STARS or stand alone. Another program is the Regents Research Scholars program, to provide matching money for startup funds ($200-500K range from donor). Total in fund is about $2 million and needs to be spent. Dr. Shine noted that money for nursing faculty is rapidly running out. We have additional funding for Health campuses and graduate medical education. The additional $37 million brings the total for this program to $66 million. We want to see more doctors in Texas due to the expansion of these programs. We have received a massive infusion of dollars for upper limit payments. Last year, $161million came into practice plans. Going forward there is likely to be about $40million a year from this. It is dangerous for campuses to use this money for operations because it is not guaranteed. Leslie Carruth (Senior Health Analyst) has been added to the staff of Office for Health Affairs. She will be looking at billing cycles (and is doing so now at San Antonio) and the relationship between costs and charges. By the 2009 legislative session, hospitals will have to be able to report all costs. Practice plans will face October 11-12, 2007 9 University of Texas Faculty Advisory Council APPROVED MINUTES: October 11-12, 2007 a real challenge putting this together. For Health campuses the biggest risk is the growing number of uninsured. Another issue we are facing is that of bylaws for practice plans. Brenda Strama is on board to help out with the legal side of this issue. It is not an easy problem. We are in the third iteration of responding to the FACs concerns about definition of salary (base, supplemental, incentive ), the role of faculty on the compensation advisory committee, and faculty members on budget and finance committees. Income from consultation should be able to go to faculty with limitations. We are waiting on new regents to come on board before presenting the practice plan proposal to the BOR. We will provide a brief introduction to the plan at the November meeting, and then present it in February. There is considerable discussion about separate bylaws for academic (basic science) and clinical plans. There followed several questions (Qs) and comments (Cs), and Dr. Shine’s responses to them (As) are paraphrased below: C: Faculty have been looking at compensation plans as separately from bylaws. There is a concerned about ambiguity. A: The campus President determines who is in a plan but campuses determine whether there is a separate basic science plan as well the practice plan. C: There are still many problems with the practice plans. Many questions have been left unanswered and need to be addressed. Can there be a meeting between Dr. Shine and representatives from the Health campuses? A: The questions will be answered. The Presidents will have authority in this area. It is absolutely agreed that tenure is associated with base salary (the dollar amount is less important than the principle). C: Presidential committees appear bereft of faculty, but committee composition is an issue. A: The bylaws give only minimal requirements for faculty participation. Faculty could have greater representation on committees. 1:10 PM Committee Reports The following is a listing of issues being addressed by the FAC subcommittees: Academic Affairs (Doug reporting): possible activities CB report on doctoral programs Time and effort reporting Conflicts of interest October 11-12, 2007 10 University of Texas Faculty Advisory Council APPROVED MINUTES: October 11-12, 2007 Sullivan workshop CB report on Vertical Alignment Faculty Quality (Dan reporting) Concentration on quality of distance education courses (separate Telecampus, non-Tel courses) Orientation for new faculty Teaching effectiveness committees Health Affairs (Karen reporting) Practice plan and bylaws Audit committees should be external No reports from audit committees (though they should report to PP Board) Business plan needs redundant procedures not in plan Will look at insurance stuff Problem students Employee health services 90 day waiting period before insurance kicks in Governance (Murray reporting) Concern with conflict between DOE and regional accreditation ability to discontinue all federal funding a) contact other systems (CA, AZ, MI, etc.) – NEA, TFA, AAUP, scientific assns., lobbying assns b) how to contact them c) explanation of issues d) get list of legistlation with power Course recording and ownership thereof (position here has been instructor owns it, unless under contract otherwise) – will develop Regents Rule to address issues surrounding ownership of curriculum and other material/recordings/etc. produced by faculty. Discussion of drafting proposal for a faculty regent, question about including faculty reps from other systems …. 1:51 PM Meeting adjourned October 11-12, 2007 11