I. ... . the Academic Senate to order at 1:10 p.m. in SETB...

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I.
Call to Order
Ms. Collinsworth (presiding in Mr. Harris’ absence) called the April 11, 2003 meeting of
the Academic Senate to order at 1:10 p.m. in SETB 2548.
Members of the Senate in attendance included: Dr. Warren Anderson (s), Dr. Betsy Boze,
Ms. Carol Collinsworth (*), Mr. Roberto Cortina (s), Ms. Linda Fossen, Mr. Victor
Fuhro, Dr. Deborah Huerta (s), Dr. Edward Hymson (s), Dr. Charles Lackey, Ms. Julie
Larson (*), Dr. Jose Martin, Ms. Rosemary Martinez, Dr. Rafael Otero (s), Dr. Sylvia
Pena, Ms. Cheryl Phelps (s), Mr. Jay Phillips, Dr. Ruth Ann Ragland, Dr. John Ronnau,
and Mr. Tom Welther (s).
Visitors included: Ms. Ethel Cantu.
II.
Approval of the Minutes from the March 21, 2003 Academic Senate
Meeting
Ms. Collinsworth entertained a motion to approve the minutes from the March 21, 2003
Academic Senate meeting. Dr. Hymson so moved, with a second from Dr. Anderson.
The minutes were approved as written.
III.
Legislative Update/ Dr. Juliet Garcia
Dr. Garcia addressed the Senate regarding the budget and provided an update on what
was happening in the state legislature. Dr. Garcia began her presentation by saying that
she has been visiting with different groups on campus (the Staff Senate, the Student
Government Association and now the Academic Senate) on the status of the budget
crisis.
Dr. Garcia then gave the following report. Dr. Garcia reported that we are now four
months into the legislative session and many things have been thrown at us. She said that
while different things have been thrown at us, we have impacted a number of legislators
on the positive side. Dr. Garcia said the House Subcommittee on Appropriations was
impressed that we do so much with so little. She said this is due to our efficiencies. Dr.
Garcia said we are tied with UT San Antonio for the most crowded campus, that our
faculty has the highest teaching loads in the UT-System, and that faculty are the lowest
paid in the UT-System. Dr. Garcia said we have outsourced some of our services and
have had to make our services more efficient. Dr. Garcia reported that more effort has
gone into institutional development and that we have increased ten fold the number of
dollars from foundations. Dr. Garcia also said that the 12.5% across the board cut
requested by the Governor does not have the same impact on UTB as it does on other
institutions with major development dollars and who have been around for many years.
Dr. Garcia also spoke about the 7% immediate across the board budget requested by the
Governor in February of 2003. She said that the 7% we had to return was very hard to
do. She said that the action taken at that point was to freeze all vacant positions and
return our HEAF allocation. She said the 12.5% cut will be extremely different. Dr.
Garcia also said we have had some positive responses to our budget request but the
legislature knows that there is a budget shortfall and cuts must be made. Dr. Garcia said
it would be like eating seed corn if the legislature doesn’t fund higher education.
Dr. Garcia also talked about tuition revenue bonds. She said tuition revenue bonds are
used to fund buildings on UT campuses. Dr. Garcia said that this year there will be a cut
in tuition revenue bonds and we will have to foot the bill of 3 million dollars for our new
School of Education and School of Business complex.
Dr. Garcia further reported that the legislature seems to be picking on community
colleges. She said community colleges are having a difficult time making their case in
the legislature. Dr. Garcia said that the legislature is thinking about cutting funding for
health insurance at community colleges. She said the legislature would pay 79%, leaving
the community college with the burden of paying the other 21%. Dr. Garcia said it time
for UTB/TSC to distance itself from the pack.
Dr. Garcia then reported on what we are doing in terms of the 12.5% budget cut. Dr.
Garcia said at this point our budget for next year has been scraped and that we are
starting all over again. She said that the Vice Presidents, Deans, and Directors have been
asked to reduce their operating expenses by 12.5%. She said we can increase revenue by
increasing enrollment. She said class capacity will be looked at and where it is possible,
capacity will be increased. She also said that the number of course sections and offerings
may be affected. She further indicated that “special assignments” will looked at and
some may be eliminated. She said we must find more external funding and she said it is
very likely that tuition and designated tuition will have to be increased. She said it is
likely that tuition will increase by 2 dollars per semester hour and that designated tuition
will increase by 48%. She pointed out that raising tuition is not an easy thing to do and
that students will probably have to pay about $180.00 in increased overall costs.
Dr. Garcia then talked briefly about the “Reduction in Force” (RIF) policy. Dr. Garcia
said that the RIF is a policy found in the HOOP that can be used to reduce the number of
staff employees at the University when necessary because of exigency or a bona fide
reorganization. Dr. Garcia said that the policy says that before a reduction in force is can
be implemented, alternatives to the reduction should be considered. Such alternatives
may include, but are not limited to, job sharing, temporary leave of absence without pay,
pay freezes or pay cuts and demotion. Dr. Garcia also said the RIF policy also says that
employees who are dismissed shall be provided with as much advance written notice as
possible in order to avoid personal hardship. She said that to the extent possible, notice
should be at least 60 days in advance of the proposed date of dismissal. Dr. Garcia said
she sincerely hopes that she will not have to invoke this policy.
Dr. Garcia concluded her presentation by saying that the legislature will wrap up the
budget process sometime around the end of April and then UTB will know how much
money the legislative has allocated to the institution. Dr. Garcia said that on June 4, 2003
she must report our budget for the upcoming year to the UT-System. She said it is very
likely that direct services will be affected and tuition may have to increase but she will do
everything she can to refrain from cutting jobs and positions.
IV.
Provost’s Report
Dr. Martin had ten items in his report.

First, Dr. Martin thanked the faculty, staff, and administrators for their concern
following his recent absence for medical reasons. Dr. Martin reported that he is
feeling better.

Dr. Martin introduced Mr. Floyd Akers to the Senate. Mr. Akers is the newly
appointed attorney who will be working in the Division of Academic Affairs. Dr.
Martin said that Mr. Akers comes to UTB/TSC from Bryan, Texas where he
served as a Municipal Court Judge. Mr. Akers, according to Dr. Martin, holds a
law degree from the University of Wyoming, College of Law and a Bachelor of
Science degree in History also from the University of Wyoming. Welcome, Mr.
Akers.

Dr. Martin reported that Dr. William Adams is the 2003 Chancellor’s Teaching
Excellence Award recipient. Congratulations, Dr. Adams.

Dr. Martin reported that the nominees for the CASE Professor of the Year Award
have submitted their supporting materials to his office. Dr. Martin said that the
selection of recipient for that award will be announced after the Selection
Committee was made a recommendation.

Dr. Martin reported that UTB/TSC and the Brownsville Regional Campus of the
Texas Houston School of Public Health (UTHSPH) received a $7.5 million dollar
grant from the National Institutes of Health to establish a Center for Hispanic
Health for the study of Diabetes, Obesity, and Cancer. This grant, to be used over
four years, is called the “Excellence in Partnerships for Community Outreach,
Research on Health Disparities and Training” or EXPORT and will bring
expertise and cutting-edge health research to all communities in the Lower Rio
Grande Valley. The program will be headed by Dr. Joseph McCormick, Regional
Dean of the School of Public Health and Dr. Luis Colom, Acting Chair of the
Department of Biology and Professor of Biology at the University of Texas at
Brownsville. Congratulations, Dr. McCormick and Dr. Colom.
V.

Dr. Martin reported that the Master of Arts in Bilingual Education and the Master
of Arts Interdisciplinary Studies (MAIS) in Music has been approved by the
Texas Higher Education Coordinating Board (THECB).

Dr. Martin reported that the Intel Corporation has donated four robots to
UTB/TSC.

Dr. Martin reported that UTB/TSC will be hosting a Pre-Law Academy during the
May session. This Pre-Law Academy will be called the Judge Filemon B. Vela
Pre-Law Academy and is being organized by the Office of the Provost/Vice
President for Academic Affairs under the direction of Dr. Ruth Ann Ragland. Dr.
Charles Chapman, Dr. Joe Zavelleta, and Mr. Floyd Akers are assisting Dr.
Ragland. The Academy is a two-week preparatory program for current UTB/TSC
students or recent UTB/TSC graduates, who are interested in pursuing a career in
law.

Dr. Martin reported that Mr. Bill Harris has been nominated for a one-week
internship with the Texas Higher Education Coordinating Board (THECB).

Last, Dr. Martin reported that Mr. Austin Johnston, an Adjunct Instructor of
Speech passed away on Tuesday, April 8, 2003. Mr. Johnston was 39 years old.
Optional Retirement Programs (ORP)/ Amanda Fuhro
Ms. Collinsworth reported that Ms. Amanda Fuhro was asked to reply to faculty concerns
on the status of ORP representatives visiting with their clients in faculty offices but she
was unable to attend this meeting. Ms. Collinsworth asked Ms. Martinez, Vice President
for Business Affairs to substitute for Ms. Fuhro.
Ms. Martinez said that after receiving complaints from faculty about ORP representatives
“cold-calling”, the Office of Human Resources as well as her office decided to change
how ORP representatives can operate on our campus. Ms. Martinez said that several
years ago, in response to the “cold-calling” complaints and based on what other
component institutions do, Human Resources instituted a policy whereby representatives
from ORPs and Tax-Sheltered Annuities (TSAs) Retirement Accounts would meet with
their clients in the Office of Human Resources. Faculty would then make an appointment
to see their representative in the Office of Human Resources, thus eliminating any “coldcalling”. Ms. Martinez further stated that she doesn’t think this is a big deal but since
faculty are concerned about it she will distribute a survey asking how best to handle the
problem. Ms. Martinez concluded her explanation by saying that any thoughts and
comments about how to handle ORP representatives can be sent to her office. She also
asked faculty to fill out the survey. A brief discussion followed.
Ms. Collinsworth said that she was wondering why faculty members were not consulted
about this decision. Ms. Martinez said this was an oversight on the part of her office and
the Office of Human Resources and she didn’t think it was a big deal.
VI.
Classroom Environment Issues/ Bill Harris from the Physical Plant
Ms. Collinsworth reported that representatives (particularly Mr. Harris) from the Physical
Plant were invited to the Senate to discuss problems with air conditioning in various
classrooms at campus. Dr. Ronnau, Mr. Morales, and Mr. Harris addressed the Senate.
Mr. Morales, Director of the Physical Plant, began the discussion by saying that the air
conditioning on campus in controlled by different systems, some old and some new. He
said that some of the new systems have controls that don’t work correctly. Mr. Morales
and Mr. Harris explained that controls were put in each room but the controls don’t work
correctly and the company that installed the controls is no longer in the Valley. They
said the Physical Plant is currently in the process of switching the controls and that the
Physical Plant is currently overloaded with work. Mr. Harris said that they are currently
installing new thermostats in the classrooms and he added that when the North and South
Buildings were constructed, there was a design flaw in the system causing some rooms to
be very cold while others are very hot. Both Mr. Morales and Mr. Harris responded that
they are aware of the problems with air conditioning in the Calvary Building and have
installed room air conditioners to remedy the problem.
Dr. Ronnau, sensitive to the classroom environment issues, said his Physical Plant crews
are working on the air conditioning problems and has asked for a timeline from Mr.
Morales as to when the situation will be remedied. Mr. Morales responded that he and
his crew are working on fixing the problems.
With the representatives from the Physical Plant present, several senators expressed other
concerns. Ms. Phelps asked if anything could be done to remedy the problem in S218,
which is the classroom right next to the elevator. She said class is constantly interrupted
by the noise of the elevator going up and down. Ms. Phelps also suggested that when the
Physical Plant has to do a project in or around the instructional buildings, they do when
classes are not in session as the noise from the various projects causes interruptions in the
classrooms.
Mr. Morales and Dr. Ronnau said they would see what they could do.
Dr. Pena added a note of appreciation to the members of the Physical Plant. She said
when there is a problem in the School of Education Building and she calls the Physical
Plant they are quick to respond. She said she was satisfied with their response.
Ms. Collinsworth then thanked Mr. Morales and Mr. Harris for answering the concerns of
the Senate.
VIII.
Election Update/ Carol Collinsworth
Ms. Collinsworth reported that the ballots for the Spring Senate Election were distributed
on campus and need to be returned to the AVPAA’s (Victor Fuhro’s) office in the
Library by Friday, April 11, 2003 at 5:00 p.m. Ms. Larson then added that she and Mr.
Welther and anyone else who is interested will count the ballots on Monday, April 14,
2003 at 12:00 p.m. Results will be emailed to all faculty as soon as they are available.
VIII.
Academic Freedom/ Edward Hymson
Dr. Hymson presented the following draft proposal on academic freedom to the Senate.
“The Rights and Academic Freedoms of Professors and Students
The Academic Senate reaffirms that freedom of faculty and staff to express ideas in
class, in discussion at formal and informal gatherings on campus, and through research
endeavors, is a fundamental right of all faculty and students. In furtherance of this
general proposition the Academic Senate of the University of Texas at Brownsville
affirms the following:
1. It is the business of the University to provide n atmosphere conducive to
investigation and creation so as to foster the goals of scholarship, learning,
and teaching.
2. Professors are encouraged to inquire into, reflect upon, and speak out on
matters of public concern within their areas of expertise both as private
citizens speaking to the general community and as faculty members
speaking to the University community.
3. The right to disagree with orthodoxy from any source inures to each
individual professor and student.
4. Teachers in the classroom shall discuss their subject in the manner they
believe to be appropriate, even when the presentation extends to
introducing controversial or distasteful matters or materials, so long as the
matter bears a relation to the subject of the course.
5. Students are not obligated to agree with the views of their teachers, only to
be able to explain what their teachers have taught. They should be given
an opportunity to express their own views, both in class and in public,
whether or not those views agree with the views of their fellow students or
with those of their teachers.
6. An opinion within a faculty member’s area of expertise, presented in the
good faith of its appropriateness for the academic purpose for which it is
used is protected, the right to such expression will be defended by the
University.
7. Pursuant to the First Amendment of the Constitution of the United States,
which safeguards all faculty and student expression from regulation by
public institutions, teachers are free to express their professional view in
teaching, research, and publication, whether those views are popular or
unpopular.”
After reading through the discussion draft, Dr. Hymson made the following motion. He
moved that “the Senate agree to take this discussion draft back to departments, schools,
and colleges for discussion and return to the May or summer meeting with information
about the draft from their different constituencies.” Mr. Welther seconded this motion.
The motion passed. The draft will be discussed at a future meeting.
IX.
Other Business
There were three items of “Other Business”.

Ms. Collinsworth, at the request of Mr. Harris, presented Dr. Marty Lewis’ name
to the Senate for his confirmation to the Graduate Committee. The Senate
approved his nomination and his name will be forwarded to the Provost.

Ms. Collinsworth, also as the request of Mr.Harris, passed out a salary survey to
the Senate that appeared in recent edition of the Advocate. The survey revealed
the following information:
Faculty Salaries/Salary Review
UTB/Peer Institutions/ Academic Rank
UTB: $57,800 (Professor), $51,900 (Associate Professor), $46,800 (Assistant
Professor), $38,000 (Instructor), $47,500 (Average).
UTPA: $69,600 (Professor), $59,200 (Associate Professor), $52,300 (Assistant
Professor), $40,300 (Instructor), $54,100 (Average).
UTEP: $71,000 (Professor), $55,200 (Associate Professor), $47,900 (Assistant
Professor, $38,000 (Instructor), $52,300 (Average).
UTSA: $78,600 (Professor), $61,300 (Assistant Professor), $50,100 (Assistant
Professor, $36,900 (Instructor), $59,700 (Average).
UTPB: $56,700 (Professor), $48,100 (Associate Professor), $45,500 (Assistant
Professor), $34,700 (Instructor), $47,300 (Average).
UTT: $66,500 (Professor), $53,200 (Associate Professor), $48,300 (Assistant
Professor), $39,200 (Instructor), $51,600 (Average).
Big Three/Non-Peer Institutions
UT-Austin: $98,800 (Professor), $63,500 (Associate Professor), $60,000
(Assistant Professor), $45,800 (Instructor), $73,800 (Average).
UT-Dallas: $94,600 (Professor), $68,100 (Associate Professor), $71,900
(Assistant Professor), $81,200 (Average).
UT-Arlington: $75,400 (Professor), $56,400 (Associate Professor), $49,700
(Assistant Professor), $34,200 (Instructor), $57,200 (Average).
This data if from the NEA Salary Review published in April 2003 based on: 20012002 salaries collected by Integrated Postsecondary Education Data System of the
National Center for Education Statistics at the Department of Education.

Dr. Hymson, on behalf of Dr. Binder, introduced the following resolution to the
Senate for consideration:
“Resolution to the Academic Senate
of the University of Texas at Brownsville and Texas Southmost College
The following resolution in being introduced at the request of Dr. Norman Binder,
whose regular representative in presenting a paper at an academic meeting and
could not be here to present it.
Dr. Binder advises that the resolution has been passed by the History Department
and Government Department.
Resolved that:
The teaching and learning process is the core commitment of the University.
All budget decisions must be made in light of that commitment.
Budget decisions which do not clearly reflect that core commitment will not have
the support of the faculty.
Administrators who cannot act effectively to protect that core commitment will
lose the confidence of the faculty.”
After reading through the resolution, Mr. Phillips questioned why the narrative part
of the resolution says that Dr. Binder’s regular representative to the Senate was
unable to present this resolution. Mr. Phillips pointed out that senators are elected
at large to represent colleges and schools and not individual departments. Mr.
Phillips also questioned why a senator from the School of Business and not from
the College of Liberal Arts was asked to present this resolution.
Hearing no discussion on the resolution, Dr. Hymson moved to approve the
resolution as written. Mr. Welther seconded the motion. The resolution passed
and will be forwarded to the Provost.
X.
Announcements
The next Senate meeting is scheduled for Friday, May 2, 2003 at 1:00 p.m.
XI.
Adjournment
Ms. Collinsworth entertained a motion to adjourn. Mr. Cortina so moved, with a second
by acclamation. The meeting stood adjourned at 3:15 p.m.
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