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.