The University of Texas at Brownsville/Texas Southmost College
Academic Senate Minutes
November 18, 2005
I.
Call to Order
President, David Pearson, called the November 18, 2005 meeting of the Academic Senate to
order at 1:11 p.m. in the Third Floor Conference Room at SETB.
Senate Members in attendance: Acevado Suzanne, Cantu Ethel (*), Camarillo Mike (President,
Student Govt), Celaya Pat (*), Corbeil Rene (s), Cunningham Sonia, Dameron Charles, Ferrier
Doug, Fossen Linda, Fuhro Amanda, Fuhro Victor, Fuss-Sommer Karen (*), Gallegos Therese
(s), Heise Elizabeth (s), Hockaday Mabel (s) , Hollier Gerald (s), Jones Irma (*), Lacher Joe (s),
Lackey Charles, Lewis Chet, Macari Emir, Maldonado Maxwell Virginia (s), Martin Jose, Martinez
Rosemary, Morgan Bobbette (s), Nelson Eldon, Pearson David (*), Pena Eli, Phelps Cheryl (s),
Phillips Jay, Rajasuriar Mahandran (s), Stockton Carl, Sutterby John (s).
Senate Members Absent: Collinsworth Carol (s), Davis Bill (s), Holt Jim, Larson Julie (s), Otero
Rafael, Peltz Gerson (s), Price Betsy, Rivas Olivia (*), Ronnau John, Silva Hilda, Stockton Carl,
Sullivan James (s), Sullivan Mary, Sullivan Thelma (s), Zavaleta Anthony, Zieschange Paul
Hermann (s)
II.
Review and Approval of the Minutes
Dr. Pearson called for review and approval of the minutes from the September 30, 2005
Academic Senate meeting. Hearing no corrections or additions, it was moved and seconded that
the minutes be approved as distributed. The motion passed and the minutes were approved.
III.
Presentations
Walk/Run Race – Sonia Cunningham
There will be a Walk/Run Race on November 26 that starts at the Education/Business Building.
Registration fee is $15 prior to Saturday and $20 on that day. T-shirts, scorpion caps and
calendars will be given to the first 50 participants. You don’t have to be present to contribute.
Criminal justice has a team. Anyone can get a team together. The Ferguson cup will be given to
the largest team, and that teams gets to hold the cup for one year. On August 7, the police in
New York netted $35,000 when they supported a walk/run in her son’s memory. Sonia
Cunningham’s effort is now geared toward creating an endowed chair for the criminal justice
department in memory of her son who was in criminal justice.
HOOP Policies – Suzanne Acevedo
Copies of HOOP 10.10.1 (Intellectual Property) current and proposed policies as well as HOOP
7.7.5 (Misconduct in Research) current and proposed were distributed as well as a new Invention
Disclosure Form. Suzanne Acevedo reviewed that the 10.10.1 policy is what is currently in
HOOP as Patents and Copyrights which has been changed to Intellectual Property. The 7.7.5 is
current Misconduct/fraud in Research and Creative Activities policy which has been changed to
Misconduct in Research. Part of the discussion that ensued was that there is a requirement by
the TX Higher Education Coordinating Board that there be a policy for intellectual property. Since
we do not have a policy specifically for intellectual policy, the Patent and Copyrights policy was
enhanced. This policy was distributed at Deans Council and at Deans and Chairs for discussion.
There was a question about inventions and how the money is going to be split. For the answer,
they went to the general consul at System and asked for a ruling on that question. They
answered that 50% goes to free agent and 50% to System. On the proposed policy’s last page,
at the bottom, other provisions have been included that specifically define the splitting of
proceeds. Therese Gallegos asked if 50% of the proceeds that are given to Systems actually
belong to Systems or to UTB. Susana answered that it goes to Systems not to UTB.
A confidential disclosure of intellectual property form is being proposed and was modeled from
San Antonio’s form. Ethel Cantu posed a procedural concern. Because there was a lot of
information to digest and this is the first time we see this information, she asked that the Senate
be allowed to review it at our leisure. It needs to come back for first reading at the next meeting.
It may also be helpful to include a copy of appropriate Regent’s Rules with the new policy for
referral. Suzanne has also included a copy of a letter from Floyd Acres.
Dr. Gallegos asked if this policy applies to publications and Suzanne responded that it does not.
Eventually action will need to be taken about formulating something for publications but not at this
time. Dr. Macari indicated that UTB must have these two policies in place if we want to apply for
a $200,000 grant whose application must go in by February 2006. These policies have to be
presented to another body by December 3.
Ethel Cantu objected to having this be a first reading because we haven’t seen these policies
before, and it was not in the packet at the last meeting. Dr. Macari seeks a compromise for
readings. There may not be enough time to have two readings before the February deadline.
This is just an informational reading. Dr. Macari will research the information on the application to
see if these policies need to be passed before the end of December or if we can be in the
process of acting on these policies. Ms. Cantu replies that the Senate can pass a policy on a first
reading if needed.
These policies are to update our policies to be in compliance with new regulations. There was a
question about co- authorship; who is responsible for the misconduct. The Deans Council
requested that this ambiguity be cleared up. Looking at the second page, it indicates that coauthors must have a bonified role in the research and must accept responsibility for the quality of
work that they contribute. This policy holds people to their contribution in the research only
instead of the entire document. This policy covers faculty and students where in item D3 that
involves student and faculty collaboration.
The senate membership will review both documents and will come back for first reading at the
next meeting. Ms. Cantu asked for clarification of responsibilities for co-authors. The co-author
is just responsible for the part of the research that they contributed, D2 part. An example was
given--in one case, a co-author published the material without the knowledge of the other coauthor so the second co-author was absolved of any wrong doing or responsibility. The intent of
this policy is to help bring us up-to-date.
David Pearson will send the material out again with the agenda for the subsequent meeting and
we will revisit it at the next meeting.
Phased Retirement – Amanda Fuhro, Human Resources
Mrs. Fuhro distributed a handout for this presentation. Phased retirement allows the faculty
member to ease into retirement as well as allows the academic department time for planning.
There are two plans that faculty has available: Phased retirement is an opportunity for a faculty
member to go from full-time to full retirement. The faculty member starts a conversation with the
department chair as to what their plans might be. If the department has a significant need for that
person to be or teach in that department on a part time basis, then the department may agree to
phased retirement. If there is agreement then the faculty member comes to Human Resources
with some idea of how to work it out. The faculty member must make a decision one semester
prior to starting phased retirement. A contact is prepared, reviewed by the chair and the dean,
and is then sent with a recommendation to the VPAA and Provost. This contract can be from one
to three years but not more than three years. Most phased retirements that have been done are
for the three year period. At the time the faculty member enters into phased retirement, they
relinquish tenure. The compensation is based on the rate the faculty member has prior to retiring.
If a faculty member goes on 25% to 50% Phased Retirement and then the compensation rate is
25% to 50% of the salary. The individual is entitled to mandated legislated increases so if the
state gives a 3% increase then that retired person would also get the benefit. If the faculty
member is on Teacher Retirement System (TRS), they must actually retire and begin collecting a
payout from TRS. If you are on Optional Retirement (ORP) you cannot withdraw your ORP funds
while on a phased retirement agreement. If a faculty member is on TRS, they can no longer
make contributions to TRS. In a faculty member is on ORP and work 50% or more, then the
university has to make contributions to ORP. If the faculty member is making contributions to
ORP, they cannot withdraw funds, so for ORP, the faculty member is not retiring at that point.
When the faculty member goes on phased retirement, whether ORP or TRS, you stay on regular
benefits; the members don’t go on retirement benefits until they actually retire. Health insurance
stays the same during this time, but life insurance goes down, if you are on phased retirement.
Employee medical insurance is still at no cost while employed or retired. This is not available for
part-time faculty.
If a faculty member retires with TRS, the faculty member must be removed from the payroll for at
least one month. The faculty member does not do without benefits during that one month. If the
faculty member is on TRS, they are subject to the rules of TRS and when they retire can only
work 50% of the time. A faculty member may elect one semester full-time or both semesters half
time.
The second type of plan is for Modified Service which must result in a significant benefit to the
system or university. A faculty can only use Modified Service after retirement. Modified Service
can be for no more than one academic year or less, but can be renewed if it is of benefit to the
university. There is no guarantee of the salary during Modified Service because salary is
negotiated. Modified Service employees are not entitled to mandated legislative increases and a
person must have retired with TRS or ORP. You can draw from ORP with modified service as
the person is now on the retiree group insurance.
Phased retirement can not be extended after three years. During phased retirement, faculty
members are no longer tenured or tenure-track so they can’t vote on departmental matters or on
other committees. Under Modified Service, we can hire faculty back part time and negotiate the
salary.
Ms. Fuss-Sommers indicated that the handout that was distributed is very good and it might be a
good idea if the Human Resources Department sent it out to all faculty. It would also be helpful if
it was added to the Human Resources Web site. The question was asked as to how many
people are on phased retirement currently. Mrs. Fuhro replied there are four on active phased
retirement with an additional faculty member joining them soon. She has heard no complaints
about Phased Retirement so far. Everyone thinks it is great. The next question was if there was
anyone on modified service now? Mrs. Fuhro indicated we have had a lot of people on Modified
Service. Modified Service is an appointment of one year and is negotiated for more so long as it
is beneficial to the university. The next question was: Are there any plans of having people retire
and with a portion of their salary as was done several years ago? The Provost indicated that this
type of retirement can only occur for financial exigencies and we do not have that situation, so no,
that will not be done soon that he is aware of. A person on phased retirement surrenders tenure
but what happens to academic rank? The agreement is they can continue using their academic
rank but are not eligible for emeritus status. Modified Service is eligible for emeritus status.
Human Resources always encourages faculty member to take the contract for review to an
attorney, but none of the faculty have taken advantage of it. Phased Retirement works best for
faculty but is available for all employees. Is a person on Phased Retirement or Modified Service
eligible to teach a summer session. For faculty on TRS, no, they cannot teach summer sessions.
For faculty on ORP, they cannot teach summer sessions because the agreement for Phased
Retirement only runs for the academic year, August to May. Could faculty teach a summer
course for adjunct rate if they are willing? Not if they are in TRS. For faculty on ORP she doesn’t
know, but will find out. In Modified Service, the faculty member is retired.
Contribution to ORP
Mrs. Fuhro then began the explanation of the 6% contribution to ORP verses the 8.5%
contribution. In 2003, the legislature said that Institutions of Higher Education could increase
their contribution to ORP from the 6% to 8.5% for those faculty members that were not
grandfathered. These would be people hired after September 1, 1995. UT System decided that
they would leave that decision to each component. This is an administrative decision which is
made at the beginning of each year. Our institution decided that we would not increase our
contribution on a strictly economic basis. No school outside the UT System increased it. Within
the System’s schools, five decided not to increase the rate. The medical components were the
only ones that were going to do it, however, UT Health Science San Antonio did not increase their
contribution.
The question was asked as to how many faculty members do we have on each part of the
percentage, in other words how many faculty are getting the 8.5% and how many are getting the
6%? Mrs. Fuhro did not know but will get that number to us. This would allow us to find out the
number of faculty that would be affected by increases. Mrs. Fuhro will get this information to us
so we can find out what the economic impact would be.
I.
Senate President’s Report
David Pearson indicated that the Senate President’s report will be put on the Academic Senate
Web site. At the last two board meetings, the new Assistant Vice President for Partnership
Affairs, Julio Ledezma, was introduced. There was a rise in dual enrollment.
II.
Partnership Committee Reports
a. Academic Affairs Partnership Committee: David Pearson, Senate President reported
on the issue of enrollment, 13,306 students a 10.1% increase;
b. Student Affairs Partnership Committee: Karen Fuss-Sommer, Senate Vice President
reported on two items; an update of athletic program by Daniel Huntly; and Student
Health Services update by Hector Iracheta.
c. Business Affairs Partnership Committee: Pat Celaya, Senate Treasurer reported two
items: the approval of the minutes for the meeting held on August 15, 2005 and
approval of 4 budget amendments. There was also a report on Wellness,
Recreation and Kinesiology Complex.
d. Texas Council of Faculty Senates: Irma Jones, Senate Secretary reported on the
Texas A & M Kingsville dissolution of their Senate. The TCFS heard from the ex
president of Senate, the Chancellor of A&M Systems, and the chair of the fact finding
committee about the situation. Things could have been done in a different manner
than to dissolve the Senate however the Chancellor felt that dissolution was the best
course. A&M is now in the process of creating their new constitution and will have
elections soon for Senate. The TCFS wrote a resolution in support of faculty
governance and urged others to follow suit.
III.
New Business
a. TFA Commentary on Suspension of Faculty Senate at Texas A&M
University-Kingsville.
David Pearson distributed the TFA Resolution. He also distributed some information
drafting a resolution of our own in support of faculty governance. Please review and we
will discuss the draft and vote on it first thing at the next meeting.
b. The UT System Board of Regents Planning Task Force has asked FAC
members to address the following question: “As you look ahead five to ten
years, what do you consider to be the top two or three key issues or priorities
that the UT System will encounter?” Dr. Pearson indicated he will send out a general
e-mail to all faculty members so that greater input could be given. He asked all senators
to please discuss this with their respective departments and to ask everyone to respond
to the e-mail.
IV.
Provost’s Report
Dr. Martin thanked many of the faculty members for their attendance at the ceremony dedicating
the newly named Mary Rose Cardenas Halls. There was standing room only, and Mrs. Cardenas
seemed to be enjoying the festivities. Our colleague, Dr. Dameron, wrote a special poem
honoring Mrs. Cardenas, and it was well received.
Good news on Doctoral Front. The UT Board of Regents last week approved our request for
preliminary planning authority for a Doctorate in Education. We hope that the Coordinating Board
will consider and approve it at the January meeting. Congratulations to Dr. Carl Stockton and
faculty in the School of Education.
The programming phase of the Bond Issue Projects is moving along well. We had a Concept
Design Competition for ITEC two weeks ago and a crowd of more than 150 attended and voted
for their choice. The winner was Kell-Munoz, which also was the architectural firm for the Life
and Health Sciences Building and the Student Union Building. The TSC Board last night
approved Kell-Munoz as the architect for the $17 million ITEC renovations.
The Nursing program has had reports recently on pass rates on two programs. The pass rate for
those taking the Registered Nurses exam was 93.3%. The pass rate for the Vocational Nurses
was 100%. Congratulations to Dean Nelson, Professor Fuss-Summers, Professor Lacher, Dr.
Dougherty and our other Nursing faculty.
We have good news for all of us coffee drinkers. Vice President Martinez announced last night at
the Board meeting that Starbucks is coming to our campus in early Spring. Soon, you’ll be able
to pick up your favorite flavors in the bookstore in the space formerly occupied by U-Mix.
It has been brought to our attention more than once, that the academic communities away from
our campus do not recognize and appreciate the Technical Ranks. It has been suggested by one
of our colleagues that faculty who have been on the traditional professorial track who changed to
the technical track have a new option for their business cards that would include their previous
academic rank plus their technical rank. For example, the business card might read: Associate
Professor/Master Technical Instructor. We believe that this would help to avoid confusion and
give “special” “extra” title to those faculty. Our university attorney has no problem with this, and
you can proceed to have your business cards reflect your present title—if you are on technical
track—and your former professional rank—if you were on the professorial track.
We have established a cooperative initiative with the City of Brownsville aimed at restoring and
preserving the Kreigher House located on Paredes Line Road. This is one of a very few
examples of residential design outside of California. Richard Neutra was an Austrian-born
architect who became in time the pre-eminent American residential architect. The Kreigher
House was built in 1937 for a Pan American Airways administrator. This may be the first
international style house designed for the tropics. Students in our Historic Restoration program
will participate actively in this project under the vigilant eye of Professor Larry Lof. We signed a
lease for 99 years with the City of Brownsville to commit to stabilize the structure and make it
available for public access. We are committed to finish the renovation within 3 years.
V.
Announcements
Dr. Pearson encouraged everyone to take a look at the comments and resolution for the A&M
Kingsville situation for the next meeting.
One faculty senator brought forth that his constituents are concerned about the smoking taking
place in the courtyard between North and South. It may be something to look into in order to be
on the cutting edge of environmental issues on campus. There is a Committee in Brownsville
being formed to look into a ban for smoking in restaurants. It may behoove the University to join
in that effort. Please congratulate Dr. Bobbette Morgan for leading the way.
Betsy Price announced that she would like as many faculty members to review the web sites for
adjuncts and make comments on changes or improvements.
VI.
Adjourn
Dr. Pearson called for the adjournment of the meeting. It was so moved and seconded. Motion
passed to adjourn the meeting at 4 p.m.
Note: Welfare Committee met directly following adjournment.
Respectfully submitted,
Irma S. Jones
Academic Senate Secretary