1 DOCUMENTS OF THE GENERAL FACULTY Following are the minutes of the regular Faculty Council meeting of January 26, 2015. Dean P. Neikirk, Secretary General Faculty and Faculty Council MINUTES OF THE REGULAR FACULTY COUNCIL MEETING OF JANUIARY 26, 2015 The fourth regular meeting of the Faculty Council for the academic year 2014-15 was held in the Main Building, Room 212 on Monday, January 26, 2015, at 3:15, immediately following the annual meeting of the General Faculty. ATTENDANCE. Present: Gayle J. Acton, William Beckner, Lance Bertelsen, Simone A. Browne, Noel B. Busch-Armendariz, Rebecca M. Callahan, John R. Clarke, Angeline Close Scheinbaum, Patricia L. Clubb, Lydia Maria Contreras, James H. Cox, Stephanie W. Crouch, Arturo De Lozanne, Catharine H. Echols, Tarek El-Ariss, Brian L. Evans, Melanie Diane Feinberg, Gregory L. Fenves, Philip M. Gavenda, Sophia Gilmson, Andrea C. Gore, Michelle Habeck, Barbara J. Harlow, Louis Harrison, Hillary Hart, Jay C. Hartzell, Kevin P. Hegarty, Susan S. Heinzelman, Coleman Hutchison, Brent L. Iverson, Jody Jensen, Geetika Jerath, Christine L. Julien, Harrison Keller, Can Kilic, Daniel F. Knopf, Donna Marie Kornhaber, Desiderio Kovar, Judith Langlois, John C. Lassiter, Naomi E. Lindstrom, Bradford R. Love, Timothy J. Loving, Edward A. MacDuffie, Julia Mickenberg, Jennifer Moon, Douglas J Morrice, Dean P. Neikirk, Donald P. Newman, Gordon S. Novak, Sheila M. Olmstead, Gage E. Paine, Keryn E. Pasch, Dennis S. Passovoy, Domino R. Perez, William C. Powers, Jorge A. Prozzi, Soncia Reagins-Lilly, Cesar A. Salgado, Paul R. Shapiro, Snehal A. Shingavi, Rajashri Srinivasan, Vincent S. (Shelby) Stanfield, Taylor Strickland, Debra J. Umberson, David A. Vanden Bout, Kirk L Von Sternberg, Maria D. Wade, Brian Wilkey, Karin G. Wilkins, Hannah C. Wojciehowski, Edward T. Yu. Absent: Dean J. Almy (excused), Dana L. Cloud (excused), M. Lynn Crismon (excused), Douglas J. Dempster, Randy L. Diehl, Andrew P. Dillon, Bradley G. Englert, Ward Farnsworth, Thomas W. Gilligan, Vernita Gordon (excused), Roderick P. Hart, Linda A. Hicke, Steven D. Hoelscher (excused), Hans Hofmann (excused), Robert L. Hutchings, S. Claiborne Johnston, Manuel Justiz, Susan L. Kearns (excused), Susan R. Klein (excused), David L. Leal, Alice Chang Liu (excused), Sharon Mosher, Patricia C. Ohlendorf (excused), Glenn A. Peers (excused), Kornel G. Rady, Kenneth M. Ralls, Wayne A. Rebhorn, Vance A. Roper (excused), Stanley J. Roux, Yaneli Rubio, Cinthia S. Salinas (excused), Juan M. Sanchez, James C. Spindler (excused), Frederick R. Steiner, Alexa Stuifbergen, Gregory J. Vincent, Sharon L. Wood, Luis H. Zayas. Voting Members: Non-Voting Members: Total Members: 60 present, 12 present, 72 present, 17 absent, 21 absent, 38 absent, 77 33 110 total. total. total. 2 I. REPORT OF THE SECRETARY. Secretary Dean Neikirk (professor, electrical and computer engineering) gave a brief summary of his report (D 12033-12038), and as it has become his tradition, he reported on the memorial resolution committees appointed and the status of those still pending. Six committees had been appointed since the last meeting honoring Professors Emeritae Robert Palter (history and philosophy), V. R. Cardozier (educational administration), Fred Ling (mechanical engineering), Joseph Lagowski (chemistry and biochemistry), and Eugene A. Ripperger (aerospace engineering), and for Associate Professor Alberta Castaneda (curriculum and instruction). Five resolutions would soon be forwarded to the president for signature and would then be posted on the Faculty Council’s website. Seventeen resolutions were still pending completion by their respective committee. The secretary reported that effective January 13, 2015, Vice Provost and Director Harrison Keller had replaced Dr. Jeffrey Treichel as an ex officio member of the Council. The secretary reported that President Powers had approved the proposal from the Academic Calendar Committee to extend the Thanksgiving break and that UT System and/or the Texas Higher Education Coordinating Board had granted final approval of eight Undergraduate Catalog proposals. Secretary Neikirk said that the core curriculum course list, which had been approved by the Faculty Council at its meeting on December 8, was still pending approval from the president, and the Faculty Education Benefit proposal, which had been referred to the provost for review and recommendation, was still outstanding. The secretary announced that at the meeting held just prior to this one, the members of the General Faculty had approved legislation to change the criteria for calling a special meeting, and they had endorsed a resolution honoring President Powers. II. III. APPROVAL OF MINUTES. Hearing no changes to the minutes of the regular Faculty Council meeting of December 8, 2014 (D 12039-12069), they were approved as distributed. COMMUNICATION WITH THE PRESIDENT. A. Comments by the President—None. B. Questions to the President. President Powers addressed three questions that had been submitted by Chair William Beckner (mathematics) that impact our campus and our community. 1) The Association of American Universities intends to conduct a “sexual assault climate “ survey in late spring. What do you expect that we might learn at UT from this survey? President Powers said this was “a very serious and important issue on campuses on sexual assault and safety of our students, and I think we’ll learn a lot as to what is going on; what the attitudes of students are about their safety.” From information gathered from the survey, he said the University would be able to craft policies and programs that would be more effective in addressing the issue. 2) News media have recently emphasized the increasing role of “big money” in college athletics: the ESPN $7.3 billion contract for 12 years for rights to the College Football Playoff; the increasing list of college football coaches with annual salaries above $4.5 million; the switch for select coaches from professional teams to college teams as happened at the University of Michigan. Has money fundamentally changed the nature of college athletics? President Powers responded saying “I think the nature of college athletics ought to be on the model that these are student athletes. It adds to the campus, it adds to our alumni connections, and it needs to be done with integrity and following the rules and with the best interests of the student athletes in mind.” He opined that increased revenues per se shouldn’t alter that. However, he said UT Austin and other universities would be challenged by the NCAA changes, in particular, by the cost of attendance. He stressed that compliance would need to be done in a way that bolsters integrity of student athlete welfare. 3) This fall, Harvard University put in place increases in the cost of employee health benefits, which were attributed to requirements of the Affordable Care Act. Do you see 3 the possibility that UT System might take similar actions that would impact our health care costs? President Powers said that over the last ten years, healthcare costs have had a lot of drivers leading to increased insurance costs, which was something that the Budget Council had been discussing—the challenge of keeping the cost of insurance as low as possible, while also keeping the quality of insurance as high as possible. The president said the Affordable Care Act (ACA) had changed “the landscape.” He mentioned one issue that would have a cost and reporting impact for UT Austin; it had to do with how ACA defines full and part-time employees. He said the ACA requires employers to give insurance to people that do not currently fit in UT Austin’s definitions, and therefore would add to the rolls. The president added, “The reporting and the Affordable Healthcare Act do change the landscape, but, healthcare costs themselves are probably a bigger driver.” IV. REPORT OF THE CHAIR. Chair Beckner opened his report by giving a few remarks about the recent meeting of the UT System Faculty Advisory Council (SysFac). At that meeting, it was reported that three finalist had been selected for consideration for president of UT Austin and that off-campus interviews by faculty, students, and staff would be conducted prior to March 4, which is the date the single finalist was expected to be announced. He added that remarks had been made at the meeting about “the strength and vigor with which our three faculty representatives served on the advisory committee.” He said, “They were not shy in expressing their thoughts.” Chair Beckner reported the Faculty Council Executive Committee would have an opportunity to meet with Chancellor McRaven, who was scheduled to visit UT Austin on March 23 to meet with various groups of faculty, staff, students, and administrators. Chair Beckner said that at the SysFac meeting, the vice chancellor for medical affairs had suggested that the development of the two new UT System medical schools and possibly and effort to provide more resources or support for UT Austin was among Chancellor McRaven’s priorities. It was also said that the chancellor was interested in how UT System could engage in providing a wider healthcare service to non-urban areas of Texas. Finally, as a prelude to his next announcement concerning the SysFac meeting, Chair Beckner mentioned that under the leadership of Dr. Hillary Hart (distinguished senior lecturer, civil, architectural, and environmental engineering), the Faculty Rules and Governance Committee had been working toward making recommendations for changing the criteria used to determine the voting members of the General Faculty. Related to that, Chair Beckner reported that SysFac had passed a resolution recommending that “Each UT System campus establish guidelines and policies that clearly define the categories of non-tenure track faculty who have instructional responsibilities comparable to those of tenure track faculty and provide for including them in the faculty governance system. The ability to vote, serve on representative bodies and be appointed to appropriate committees. Policies should be adopted to ensure fair representation to maintain the integrity of the academic community.” The chair closed his remarks on the matter saying “And as we all know, we are moving from a community in which nearly all the instructional faculty were tenure or tenure track to incorporating lecturers, clinical faculty, research faculty in instructional responsibility.” Chair Beckner asked Executive Vice President and Provost Gregory Fenves a question that stemmed from policy changes in the College of Natural Sciences, “How does the provost office see the summer instructional program as related to graduation rates?” Provost Fenves first commented on graduation rates saying that under President Powers’ leadership, the campus had made “tremendous progress in improving graduation rates, retention and graduation rates.” In 2014, UT Austin had the highest fouryear graduation rate in the University’s history, 55%. He added that we have also had historical highs in freshmen and sophomore retention rates. He said this was a result of “the schools and colleges and the departments working very hard, very diligently to improve graduation rates.” Another statistic mentioned was that for the first time in the history of the University, “the average semester credit hours taken by a student is over fourteen hours, a significant change in a fairly short period of time.” 4 Provost Fenves said improving graduation rates was a very complex problem that required an integrated approach and that the ultimate goal would be to achieve a 70% four-year graduation rate. He added “And, this is taking place, this goal, achieving this goal is taking place in the context of very difficult financial times.” With tight funding and an essentially flat budget since 2008, the provost said it had been a challenge to maintain quality faculty, strong research programs, and to continue innovations in undergraduate education that helped students matriculate through high quality programs in a short period of time. The provost went on to explain that the instructional budget, which is used to fund large parts of the instructional program, teaching assistants, lecturers, etc., had been very tight, and that he and the deans had worked hard to find ways to fund enrollment management, semester credit hour generation, and instructional needs. He said they had looked at the entire academic year—the two long semesters and the summer—and recognized that typically in the summer there was classroom capacity, students interested in staying in Austin, and faculty members interested in teaching—largely non-tenure track faculty members. As a result, several years ago, the provost introduced the Summer Enhancement Program with the goal of increasing the number of semester credit hours taken over the summer. However, the program was discontinued after it had been determined that the number of semester credit hours had actually gone down. Now, they were in the early stages of looking at the allocation mechanism for the instructional budget integrated over the entire year. And, they were developing a new and fairly comprehensive instruction resource allocation process that would incentivize semester credit hour generation. The provost said, “We’re agnostic about what semester it takes place, whether it’s a long semester or a summer semester.” He clarified that increasing semester credit hour generation was not the ultimate goal—instead “The ultimate goal is having students retained and graduating on time. And, to that extent, we are making very good progress.” V. REPORT OF THE CHAIR ELECT. Chair Elect Andrea Gore (pharmacy) also reported on the recent SysFac meeting where it was announced that Governor Abbott had appointed Sara Martinez Tucker and David Beck to be the new regents, and that R. Steven Hicks had been reappointed. She said all three appointees are UT Austin alumni and have strong ties to the University; the chair elect thought this was good news. In addition, Chair Elect Gore pointed out several issues that were of concern to the advisory council and to UT System administrators: 1) tuition re-regulation, 2) community colleges offering baccalaureate degrees, and 3) competency-based education. The chair elect said that she would keep the Faculty Council informed, but members would probably also read about these topics in the newspaper over the course of the next year. Finally, Chair Elect Gore announced that Representative Donna Howard had accepted the invitation to attend the March 2 joint UT Austin-Texas A&M meeting and that she was still waiting to get confirmations from a couple of the other legislators that had been invited. Again, she said she would continue to keep the Council posted as developments for the meeting progressed. VI. UNFINISHED BUSINESS—None. VII. REPORTS OF THE GENERAL FACULTY, COLLEGES, SCHOOLS, AND COMMITTEES— None. VIII. NEW BUSINESS. A. Faculty Investment Initiative. In his opening remarks concerning the Faculty Investment Initiative, Executive Vice President and Provost Gregory Fenves reiterated that UT Austin had been under a constrained budget since 2008, largely due to the national recession, and for the first time since then, our campus would have $30 million in new revenue from the Available University Fund (AUF), which had been allocated by the Board of Regents. To help put this dollar amount into perspective, the provost explained that the University needed $40 million each year in the academic core budget just to keep up with cost escalation and inflation. 5 Provost Fenves reminded members of President Powers’ state of the University address in September when he introduced the concept of the Faculty Investment Initiative, which he said would address one of the biggest threats to the University—faculty competitiveness. The provost pointed out that faculty competitiveness involves not just faculty salaries, which are important, but also other factors such as quality of life and research support. Given that retention had become an issue in almost every department across the University over the past several years, it was decided that focus had to be placed on the highest priority, and that was maintaining the competitiveness of our faculty. The provost explained that the Faculty Investment Initiative has four components. One component was to provide central funding for the merit increase pool for faculty and staff. He said this would be the first central funding for a merit increase since 2008. Up to now, the University either had not had merit increases or the merit increases had been funded through cuts in the schools and colleges. At least for the next year, central funding would be used to match half of the 2% merit pool. The second component dealt with faculty salaries. The provost said that prior to 2008-09, UT Austin faculty salaries had been pretty good when tracked against our peers, but since then, we had fallen dramatically because those peer flagship institutions had focused on faculty competitiveness causing our campus to really loose ground. He stressed that the salary issues could not be addressed in one year, so he would be working with the deans and their department chairs to identify the areas in which faculty competitiveness is of most concern. Provost Fenves said, “We don’t have enough funding to solve it all at once, but at least we can get a start on it.” The provost said the third and fourth components were much more focused. Again, he stressed that the University could not bring every department into preeminence at once, but instead we would have to start with a small number, and as funding develops in the future, continue with the process. He said that fifteen or sixteen departments in five colleges had been identified for a very targeted faculty recruitment process where outstanding mid-career faculty would be hired. The provost said that in some cases where it would be absolutely essential to move a department forward or to continue developing preeminence and rankings, i.e. student interest, faculty interest, research, additional scholarship, there would be cluster hires. He added that he would be working closely with the deans and department chairs to make sure these recruitments were wisely invested. The fourth component was coupled with the faculty recruitment component. Provost Fenves said the second biggest threat to the University after faculty competitiveness was our low funding for doctoral students. He said Dean Judy Langlois (Graduate Studies) had been working with the deans on graduate program reviews as mandated by the Coordinating Board. In every single review across all departments and in every graduate program, low stipends had been the number one issue identified by the external reviewers. Therefore, the fourth component of the Faculty Investment Initiative focused on funding competitive graduate fellowships, which would also assist in recruiting great faculty. The provost said, “Bringing in great faculty, bringing in great graduate students, they go together.” Provost Fenves emphasized that the faculty recruitment in the departments identified for the investment initiative would not eliminate junior faculty recruitments, and added, “We need a good mix of junior level recruitments and very targeted senior recruitments as we build departments.” The goal, he said was to incentivize that type of recruitment and advance departments where we can. The provost said his hope was that “We can continue this process and spread it broadly across campus as funding becomes available.” B. Update on Faculty Gender Equity Council.1 1 For reference see Appendix A for PowerPoint presentation. 6 Professor Janet Dukerich (senior vice provost for faculty affairs) reported on the activities of the newly reformulated Faculty Gender Equity Council, which was comprised of three standing committees: Committee on Employment Issues, Committee on Family and Health, and Committee on Climate. Vice Provost Dukerich explained that the gender council advised the provost on matters related to gender issues and makes recommendations for changes to ensure and equitable and inclusive environment for all faculty. She reported that the Committee on Employment Issues was a currently analyzing ten years worth of salary and endowment data for tenure track male and female faculty across all ranks by college and department. The committee was also reviewing data, by gender, on associate professors related to the number of years it took to get tenure, the length of time at that rank. The Family and Health Issues Committee had been focusing on three tasks: 1) identifying existing University faculty family and health policies/procedures, 2) conducting comparative analysis of these policies with major peer schools, and 3) conducting comprehensive survey of faculty’s attitude towards and use of these family policies and procedures. The Climate Committee had been working to replicate parts of the 2008 Gender Equity survey focusing on faculty mentoring, navigating service demands, and using family-friendly policies. They were also developing a compilation of best practices around campus and would be soliciting input from faculty at one of the upcoming Campus Conversations. In terms of next steps for the Gender Equity Council, Vice Provost Dukerich said that she would be hiring a graduate research assistant to help the committees with the analyses and that she would be meeting with the chairs of the three standing committees to discuss what she could do to ensure that she was providing them with what they needed to facilitate their work. Chair Beckner applauded the vice provost’s efforts in this direction and leadership in assembling the council and putting it to work. C. Report from Ad Hoc Committee on Athletics. By way of introducing the next speaker, Chair Beckner recalled the “interesting exchange with Athletic Director Steve Patterson when he came to talk to us about the athletic program” and his offer to meet with a committee to discuss some of the issues that had come up during that conversation. The Faculty Council Executive Committee formed an ad hoc Committee on Athletics chaired by Professor Jay Hartzell (finance). The committee members include Professors Martha Hilley (music), Angeline Close Scheinbaum (advertising), Michael Clement (accounting), and Louis Harrison (curriculum and instruction). Professor Hartzell said he was appreciative that the athletic director provided an opportunity for the faculty ad hoc committee to weigh in on the issues, particularly with regard to the faculty/staff tickets to sporting events. He added that the committee also thought it would be a great opening to improve communication between faculty and athletics. Prior to meeting with the athletic directors, Professor Hartzell said the committee did some market research to find out what kind of deals our peer institutions—in the athletics sense— were offering. After having met several times with Athletic Directors Steve Patterson and Chris Plonsky and their senior staff, the committee came away with a better understanding of what athletics’ concerns are, what their plan is, and together they were able to identify an outstanding issue. Three broad sets of concerns related 1) to revenues and the impact of recent changes in the NCAA on the athletic budget, 2) to IRS regulations associated with discounted ticket sales and tax implications and potential liability for the University, and 3) to the issue of faculty and staff reselling discounted tickets for a profit. During the course of these meetings, athletics explained their rules and why they needed to be enforced. For example, one rule is only current employees are eligible to purchase discounted season tickets. It turns out that there are quite a few faculty members who have left the University but are still purchasing season tickets; athletics wants to clean that up. Another rule athletics would like to enforce is limiting the number of tickets per individual to two; data shows there are some who had purchased as many as fourteen or more tickets. And last but not least, for obvious reasons, athletics will begin enforcing the rule against the resale of tickets for profit. Professor Hartzell said his committee and the Faculty Council Executive Committee were completely supportive of the idea of athletics enforcing their own rules. 7 Professor Hartzell went on to explain the current ticket structure compared to the proposed ticket structure. Currently, he said, there are two ways to purchase season tickets. The first pertains to faculty and staff members who have been season ticket holders for four or more years and have been grandfathered in making them eligible to purchase season tickets through the Longhorn All Sports Pass (LASP). “In rough dollar terms, two season football tickets plus this all sports pass is about $350 for the year.” Then there are those not grandfathered in, who are new to the University or have held season tickets for three years or less; they purchase their tickets in the 20/20 plan, which means they get a 20% discount off the face value of the ticket and a 20% discount off the commensurate donation to the Longhorn Foundation. Moving forward, Professor Hartzell said athletics is proposing three separate ticket systems. In the proposed plan for faculty and staff currently under LASP, the discount would go from an 80% discount to a 20% discount but with no required Longhorn Foundation contribution, which would increase the bill from $350 to approximately $1000 for a pair of tickets in the prime area of the football stadium. He further explained that the market value for these tickets including the foundation contribution is between $5000 and $6000. He remarked that even though the cost would go up, it would be in compliance with the tax code and therefore, would not pose a liability to the University. For those who are currently in the 20/20 plan, they would remain in that plan and there would be no changes. They would be able to buy the tickets at 80% of face plus 80% of the Foundation contribution. Professor Hartzell said it was worth noting that the Foundation contribution is dependent upon where your seats are in the stadium. For example, if you purchase seats in the upper deck of the Frank Erwin Center or the end zone in the football stadium, the contribution would be zero. The third system proposed would allow faculty and staff members to purchase an “on-demand” season ticket for $200, which would guarantee them the best remaining seats for any sporting event; the tickets would be available for pick up one or two days before the game. He said this option would allow faculty and staff who don’t have the capacity to pay regular season ticket prices the opportunity to attend sporting events. “So, for as little as $400 per year, they would get two seats to essentially every event, probably absent the Notre Dame football game and perhaps the Kansas basketball game.” Professor Hartzell said there was one piece that was outstanding and related to extending benefits to emeritus faculty making them eligible for season tickets. The committee was optimistic that this would be worked out. He then opened the floor to questions. Professor Close Scheinbaum spoke passionately on the issue of scalping and stressed that this was a “very big deal.” Aside from it being an issue of ethics and breaking the law, she said reselling seats also becomes a public relations issue. She encouraged those that might scalp their tickets to “think about how you are robbing us as the University and the morale.” D. Campus Sexual Assault: Complexities, Culture & Collective Action. In the interest of time, Professor Noel Busch-Armendariz (social work and director, Institute on Domestic Violence and Sexual Assault) invited Dr. Jennifer Hammat (institutional Title IX coordinator and assistant vice president for student affairs) to join her to introduce their colleagues with whom they worked closely. Professor Busch-Armendariz said they would keep their reports brief and provided handouts, which can be found in appendices B, C, D, E, and F. Dr. Hammat introduced Caitlin Sulley (social science and humanities research associate), Dr. Soncia ReaginsLilly (senior associate vice president and dean of students), Dr. Latoya Hill (associate dean of students for student conduct and emergency services), Captain Don Verett (University Police Department), and Mr. Brett Lohoefener (associate director, Office of Institutional Equity). Professor Busch-Armendariz said the Institute for Domestic Violence and Sexual Assault (IDVSA) worked in collaboration with the Schools of Social Work, Nursing and Law, and the Bureau for Business Research looking at interpersonal violence, domestic violence, sexual assault, and human trafficking, specifically. Dr. Busch-Armendariz asked “Why are we talking about campus sexual assault now?” She said there had been a lot of energy around the topic, that it was appearing in every issue of the Chronicle of Higher Education, in the New York Times, and that 8 there had been a renewed action at the federal level, at the state level, and a call to action among the voices of students. But, she said this was not a new topic, since she had been working on this issue her whole career. She said that in 2000, IDVSA had conducted studies for the state of Texas and another one was currently underway and that they would also be involved in the AAU climate survey in the spring that President Powers had mentioned. She said that for the first time, “these climate studies will look at not just prevalence, but also response, safety, sort of those broad brushes.” Dr. Busch-Armendariz talked about the complexities of campus sexual assault—the myths and realities. Next, she discussed what makes it complicated for campuses. She said that alcohol is one of the highest risks for college campuses, particularly when it comes to sexual assault; “It’s one of the things that we should be courageous about when we take on the issue.” Slide eight of her presentation lists the group of players who are working collaboratively to address, not just compliance, but also safety, issues of liberty that are being addressed publicly in the media, issues of due process that happen the criminal justice system, not in the dean of students disciplinary issue. Slide nine is the campaign that also rolled out across the nation. Dr. Busch-Armendariz said that in the report, Not Alone, The University of Texas at Austin was one of the four campuses in the nation named to help solve the problem of sexual assault on campus, specifically to look at the issues of law enforcement. The director said UT Austin had been looking at the issues and struggling with “How we can make our campus safe; how we can work from a trauma informed perspective; how we can put systems in place; how we can use evidence to inform those systems about what’s not going right; what resources we need to make those happen; and how we can hold people accountable?” Dr. Busch-Armendariz commended the administration for it’s support to those working on the issue. She then invited Dr. Hammat to report on Title IX: prevention, reporting and response. Dr. Busch-Armendariz’s full report can be found in appendix C. E. Title IX: Prevention, Reporting and Response. Dr. Hammat began by saying that she wanted to give the Council a sense of what was reported this past fall. From the Student Emergency Services area, fifteen students came in for relationship violence, thirteen for stalking and harassment, fourteen for sexual harassment, eleven for sexual misconduct, and there were twenty-four sexual assaults. Of those, she said they extrapolated out and not all made it to Student Judicial Services (SJS); possible reasons for this would be if they didn’t know their assailant, or if they simply didn’t have enough information about who assaulted them. From the Behavior Concerns Advice Line (BCAL), SJS received the following number of referrals: ten for relationship violence, seven for sexual or stalking harassment, ten for sexual harassment, nineteen for sexual misconduct, ten for sexual assaults, and four for harassments. Dr. Hammat said there had been an 80% increase in reporting since the previous fall and that she was very excited about that because it indicated that students were learning they could go in and express that something had happened to them. Dr. Hammat told the Council that if a student were to share that they had been assaulted or were being harassed, the student would need to first receive a compassionate, empathetic response, and then ideally, they would be given information about the opportunities and resources available to them so that they can make some informed decisions. Dr. Hammat said 97% of the incidents reported by students were relationship violence and stalking, in comparison, she said that 97% of the incidents reported by staff members related to sexual harassment—i.e. sexually offensive jokes or comments, hiring practices, or a culture or climate that is dismissive of men or women. She said there is a smaller percentage of relationship violence reported by staff as compared to the student population, and conversely, there is a smaller percentage of sexual harassment being reported by the students. Dr. Hammat said that in terms of prevention efforts, beginning in the fall, there would be new and improved training for all new students and employees with ongoing programming and training initiatives for returning faculty, employees and students, to include different modules for undergraduate students, graduate students, professional students, student athletes, and international students. She said the prevention efforts were moving forward to get everybody on the same page. 9 For example, she said three years ago, UT Austin didn’t have a definition of consent in our policies, but we to now. She said having that would help our students understand that common language of, “Well do we talk about that?” To put it into perspective, Dr. Hammat cited an example one of her colleagues liked to use, “Pull out a piece of paper and write down every detail about your last intimate experience, and then be prepared to read that aloud.” She said that generally would be a very difficult thing to do. So, she said, when students come forward to report that something bad happened, in essence, they are telling you about a very intimate thing that happened to them and that it is impacting them academically; it is impacting their ability to sleep, to eat, to function, to matriculate. She emphasized that UT Austin wants to make sure that we get to those students and give them what they need. Dr. Hammat stressed that if someone shares and confides in you, please let her office know so that they can provide the individual with the outreach packet. Alternatively, she said they could call the BCAL or Student Emergency Services, or contact her directly. She said that if a faculty member didn’t want to become involved directly, an anonymous call could be made through the Compliance Office. She said help victimized students was a two-step process: 1) When someone shares something, react compassionately; 2) then make sure they get the resources and help they need. And, she said, if the shared information is overwhelming to you, “make sure that you take care of yourself as well.” Dr. Hammat also mentioned that on occasion, students on our campus become pregnant and that they cannot be discriminated against based on that fact. She said that pregnancies are basically treated the same as a disability, so she encouraged faculty members to review the handout in appendix F, and if a pregnancy matter comes up that is unclear, she encouraged faculty members to call the Compliance Office for clarification. Dr. Hammat briefly talked about confidential reporting options saying that faculty members would not have confidential guarantee in their capacity as instructors unless they were licensed mental health practitioners. F. IX. X. Proposal to Restructure the Student Life and Activities Committee into Two Separate Committees with Two Separate Functions (D 11935-11938). Martha Hilley (committee chair and professor, music) briefly described the rationale for the proposed split of the Student Life and Activities Committee and then opened the floor for discussion. Dr. Hart commented that she had received a message from Janet Staiger (professor emeritus, radio-television-film, and former committee member) saying that the last time the committee had been reorganized, they had decided not to have a separate student athletics committee “because they were afraid that it would get axed at some point, because there’s already athletics committees.” Professor Hilley said that she had seen the message and said that she would be fine with not splitting the committee, but that representation by the student athletes would have to be added to the current committee structure. Professor Beckner spoke strongly in favor of the proposal. Professor Michael Clement (accounting and ex officio committee member) asked that the proposal be table since he had been made aware that the chairs of the Intercollegiate Athletics Councils and the athletic directors had concerns with the proposal and wished to discuss them with the committee. Dr. Hart asked if athletics would be able to meet relatively quickly so that the proposal could be considered at the March 9 Faculty Council meeting. Professor Clement said that was possible. Chair Beckner tabled the proposal asking the committee and athletics to take it up “as expeditiously as possible.” ANNOUNCEMENTS AND COMMENTS. A. The next Faculty Council meeting will be February 16 at 2:15 in Main 212. B. Nominations for General Faculty Standing Committees can be submitted online now through February 13 <https://utdirect.utexas.edu/afgf/sc_list.WBX>. C. The nomination phase for at-large representatives to the Faculty Council will open on February 16; the final voting phase will open on March 23. D. The joint meeting with Texas A&M will be held March 2 in the Texas Union Ballroom. QUESTIONS TO THE CHAIR—None. 10 XI. ADJOURNMENT. The meeting adjourned at 4:43 PM. Distributed through the Faculty Council website (http://www.utexas.edu/faculty/council/) on February xx, 2015. 11 Appendix A 12 13 14 Appendix B 15 16 Slide 5 Slide 6 17 Slide Seven Slide Eight 18 Slide Nine 19 Appendix C Campus Sexual Violence: Complexities, Culture & Collective Action Presentation to Faculty Council January 26, 2015 Noël Busch-Armendariz, PhD, LMSW, MPA School of Social Work Professor and Associate Dean for Research Director, Institute on Domestic Violence & Sexual Assault (IDVSA) Sexual assault is a complex and serious issue. Victims/survivors who experience sexual assault on college campuses face many of the same issues and obstacles facing other victims of sexual assault. However, collegeaged victims have a unique set of concerns that should to be considered to provide a response that is effective and helpful. I have outlined some of the overlapping and specific issues below. This outline’s brevity is not meant to cut short a thorough conversation about sexual assault on college campuses; exemplary services are built on a framework that encourages an axiom of trust building, dialog, evidence, competence, and thoughtful action. Guiding Queries What is the extent of the problem? What does it cost? What are the contributing factors to low reporting? Why are convictions low? What are the problems facing sexual assault survivors on college campuses and universities addressing this issue? What are possible next steps? 1. Myths about this crime prevail Research indicates that myths and misconceptions frame many social problems, including sexual assault (O’Neil & Morgan, 2010). There is a general lack of understanding about the crime of sexual assault among the public, and research indicates that myths about this crime continue to prevail despite our work over the last three decades to dispel such myths. 2. Prevalence & Rates Generally three national studies inform our knowledge about prevalence and rates about sexual assault of college students: The National Crime Victimization Survey (NCVS), the National Intimate Partner and Sexual Violence Survey (NISVS), and the Campus Sexual Assault Study (CSA). These surveys differ on important methodological structures and therefore yield different findings. IDVSA conducts the adult victimization prevalence study for the State of Texas (2000; forthcoming summer 2015) although it does not target the college student experience specifically. Study NCVS, 2014 Findings 7.6 per 1,000 6.1 per 1,000 NISVS, 2010 37.4% 2% CSA, 2007 14% IDVSA, 2000; summer 2015 20% 5% Details nonstudents college students 18 – 24 years old lifetime (age of first completed) unwanted sexual contact, annual 18 – 24 years old females since entering college female students 18 – 25 years old adult women lifetime adult men lifetime Campus climate studies are in the planning process (e.g. AAU) or being piloted (e.g. Rutgers University surveys); several universities have already conducted their own. The methods will be specific to college students and campus community and questions will go beyond prevalence questions. 3. Costs Sexual assaults cost approximately $27 million per year for adult victims in Texas ($15,000 $50,000 per victim (Busch, Camp, & Kellison, 2006) in medical services, lost work productivity, and 20 mental healthcare. Another study in 2006 estimated the cost of each sexual assault in Michigan to be $108,447 (Post, Mezey, Maxwell, Wilber, 2002). A national study found that costs of victimization including criminal justice costs, lost productivity, and victim costs are around $151,000 per sexual assault victim per year, leaving aside significant additional costs like “willingness to pay” cost estimates to prevent sexual assault, which could push the total for sexual assault up to $448,000 per incidence (DeLisi, 2010). A conservative estimate of $100,000 per incidence of adult sexual assaults in Texas ($80,000 annually) yields a cost to victims and society of $8 billion each year, which would result in a “rape tax” of about $319 a year for each Texas resident (Busch-Armendariz, et al., 2011). Still, these costs are insignificant compared to a victim’s pain and suffering and the losses she or he experiences. 4. Understanding Underreporting The vast majority of sexual assault cases go unreported (Busch, et al., 2003; Straight, 2007; The National Center on Women and Policing, 2001). In Texas, for example, it is estimated that only 18% of sexual assaults are reported to law enforcement agencies (Busch-Armendariz, et al., 2011; Busch, et al., 2003). Other national estimates range from 16 – 36% (Patterson & Campbell, 2010). College Students A 2014 Bureau of Justice Statistics study analyzed crime data from 1995 - 2013 and concludes that college student as compared to nonstudents (80% versus 67% respectively) were more less likely to report to law enforcement (US Department of Justice, 2014). General Factors about Reporting & Increasing Reporting. Research indicates that it is very difficult for victims to report this crime because they often encounter insensitivity, doubt about the veracity of their story, and blame on the part of professionals (Aherns, 2006; Patterson & Campbell, 2010; Campbell, 2008). Other factors, such as not wanting other people to know about the rape, believing that evidence about the crime is insufficient, feeling uncertain about how to report the crime or even if a crime has occurred, and fear of retribution by the offender (Kilpatrick, et al., 2007), all contribute to delayed reporting and/ or failing to report the crime at all. Research also indicates that victims who initially delay but later report the crime typically seek informal advice from social support (Patterson & Campbell, 2010) and that reporting often is initiated or motivated once a victim considers other factors (e.g., that the offender may rape others, has identified the incident as a rape, has a medical concern, and/or after consultation with a friend who encourages the victim to report) (Patterson & Campbell, 2010). 5. Relationship of the Offender to the Victim Most victims of sexual assault are assaulted by someone that is related or known to them (Busch-Armendariz, et al., 2011; Busch, et al., 2003; Tjaden & Thoennes, 2000; Kilpatrick, et al., 2007). For women victims, 58% report the perpetrator was known to them, 37% was a relative and 14% were spouses or ex-spouses [this accounts for multiple victimizations] (Busch, et al., 2003). Most sexual assaults occur in locations that are familiar to the victim or perpetrator. (For women victims, 35% in their home/yard; 17% in perpetrator’s home/yard) (Busch, DiNitto, Bell, & Bohman, 2010; Busch, DiNitto, Bell, Vohra-Gupta, & Rhodes, 2011; Busch, et al., 2003; Busch, et al., 2003). College Students 80% of rape and sexual assault victimizations college students and nonstudents knew their offenders (BJS, 2014). Martin and Bachman (1998) have suggested that rapes are most affected by the closeness of the relationship between the victim and the perpetrator and less affected by physical resistance by the victim. Victims may face increased difficulties formally reporting when the offender is someone known or related to them. 6. Trauma It is widely concluded by social scientists that many sexual assault victims suffer a specific array of effects resulting from the assault, including sexually transmitted infections and clinically diagnosable illnesses such as Post Traumatic Stress Disorder, substance abuse, major depression, and other mental health issues (Chen, 2010; Kilpatrick, et al., 2007; Center for Disease Control, 2009; Tjaden & Thoennes, 2006). It is puzzling because despite the demonstrated serious potential impact on survivors’ short-term and long-term physical and mental well-being, victims of sexual assault are less likely to report incidents (Patterson & Campbell, 2010) to law enforcement than other victims of violent crimes (Chen, 2010). This 21 information is in no way meant to victim-blame; on the contrary, it is meant to assist professionals in designing reporting programs that are victim behavior-informed. 7. Understanding Connection to Alcohol Sexual violence, including rape and assault, more than many other crimes, is connected with alcohol consumption for both victims and perpetrators (Abbey, et al., 2007; Abbey, et al., 2001; Abbey, et al., 2003; Benson, Gohm, & Gross, 2007; Bernat, Calhoun, & Stolp, 1998; Carr & VanDeusen, 2004; Clum, Nishith, & Calhoun, 2002; Felson & Burchfield, 2004; Galvani, 2004; Gross, Winslett, Roberts, & Gohm, 2006; Norris, Davis, George, Martell, & Heiman, 2002; Parks & Miller, 1997; Testa, 2004; Ullman, Karabatsos, & Koss, 1999; & Zawacki, Abbey, Buck, McAuslan, & ClintonSherrod, 2003). Kilpatrick, et al. (2007) concluded that the highest sexual assault risk situation for college women is after they have become voluntarily intoxicated. Brecklin & Ullman (2002) found that 64% of male offenders used alcohol and or drugs prior offending and in 72-81% of cases in which a male rapes a female college student, the female victim is intoxicated (Lisak & Miller, 2002; Mohler-Kuo, et al., 2004). 8. Prosecution Rates Sexual assault is a complex crime and a number of factors compound its full adjudication in the criminal justice system. A BJS (2013) report found that 12% of sexual assault crimes led to arrest. At the National SART conference (2012) in Austin, Texas, it was reported that nationally fewer than 40% of sexual assault cases investigated by law enforcement agencies are presented to prosecutors. Consequently, most perpetrators of sexual assault are not held legally accountable for their crimes. Moreover, the social hurdles that police investigators, grand juries, prosecutors, and juries face in bringing perpetrators to justice are numerous and well documented, from “blame the victim” attitudes among the public and law enforcement, to the difficulty among victims to bring themselves to prosecute a family member, friend, or acquaintance for sexual assault. Specific Issues and Unique Challenges to Addressing Sexual Assault on College Campuses 1. Complexity of Dual Reporting, Liberties, Due Process, and Evolving Policies The rate of sexual assault on campuses is a great concern and yet at the same time, we know that most college students will never use their school’s sexual assault victim services and/or report the sexual assault. Therefore, providing student victims with accurate information regarding the reporting system is challenging. Students may use their university or college’s student disciplinary system and or a criminal justice system to report. As with other offenses there is a balance between pursuit of justice for victims and the principle of Due Process for alleged offenders and offender accountability. Sexual assault crimes are thorny and complex and this seems particularly true in a university setting with dual (or multiple) reporting systems where university actors may be under or untrained in all these proceedings in the context of evolving policy compliance. 2. Fear about Autonomy & Confidentiality College-aged victims may be worried about their parents and others finding out about the sexual assault. Specifically, college students may be particularly worried that parents will react to the disclosure in ways that will result in the students’ losing their relatively newly gained independence and autonomy. 3. Alcohol Consumption and Underage Alcohol Consumption College students who consumed alcohol before (or during) the sexual assault may minimize the sexual assault committed against them because of their alcohol consumption (either because they may have consumed a lot of alcohol or engaged in underage drinking). It is difficult to help victims understand that regardless of age and/or alcohol consumption, sexual assault is a serious crime and needs to be reported. 4. Perception of Lack of Accountability for Offenders There are perceptions among some students that universities may cover up allegations of sexual assault to protect the institution’s reputation and/or may not hold offenders fully accountable. 5. Shared Community and Living Space Victims may face their offenders on a regular basis in classes, dorms, organizational meetings, etc. after the assaults or the adjudication process. 22 6. Student retention and graduation. After being victimized students may face challenges in pursuit of their degree programs. Suggestions for Solutions & Collective Action at UT Austin 1. Sexual assault is a complex social problem that requires further exploration from multiple perspectives, particularly of victims and the professionals who assist them. On college campuses it is important that university administrators, staff, faculty, and students are all involved. 2. University actors need support and resources dedicated to the implementation of disciplinary processes, police investigations, and an advanced understanding of Title IX as it relates to sexual violence. There are many unintended consequences that will result for alleged offenders (those guilty and not guilty), universities and the process and outcomes have very real possibilities to re-traumatize victims. 3. Conviction Rates and Campuses Based on the foregoing, it is doubtful that that colleges and universities are likely to move the needle on the issue of conviction rates. Where appropriate, university actors can and should participate in a community Sexual Assault Response Team (SART) and, in that way, become connected with the district attorney and local law enforcement. At the same time, university police can engage with a community SART to establish and maintain lines of communication between professionals responding to sexual assault crimes moving through the criminal justice system. Universities may also help district attorneys understand the role alcohol, and complex consent issues often play in college sexual assault crimes. 4. Law enforcement Campus police, like all police, need more training regarding how to respond to reports of sexual assault crimes (e.g., the crime itself, how to collect forensic evidence, victim-centered, prosecutorial case preparation, etc.). IDVSA is working in partnership with key stakeholders on a Blueprint for Texas for College Police in Responding to Sexual Assault Crimes to be produced in August 2015. This product is our contribution to the White House’s Not Alone campaign. 5. Alcohol Develop a think tank to address the intersectionality of alcohol and sexual assault among collegeage students. University codes of conduct often address alcohol consumption and underage drinking. Still, these policies are not enough mostly because we know that sexual assaults are occurring off campus and at events sponsored by student organizations where university jurisdiction is problematic. Our conversations should take on these bold realities and work toward real solutions. 6. Collective Action Given the persistent prevalence and rates of sexual violence this country as a whole, is failing to address the root causes of sexual violence. We are concluding a four-year National Institute of Justice funded research project in Houston on untested sexual assault kits (often referred to as ‘backlogged’) and the findings lead me to conclude that no single entity can prevent sexual violence. Because in fact, we do not yet know how to prevent it. However, if we are serious about reducing it and eventually ending it, we must develop a comprehensive plan, and colleges and universities have a role. Personal and professional connections make a difference in achieving (and maintaining) success. Faculty support and involvement will contribute to our continued work and success to address this issue at UTAustin. 7. Be Courageous and Revolutionary to broaden the understanding of this crime and decrease its stigma. This may include prevention strategies that address the root causes of sexual assault, the role of alcohol in sexual assaults, organizational structures that contribute to its facilitation, programs to reduce it, and policies that will help to minimize its occurrence. We should strive for a No Rape campus while recognizing that achieving this goal will take our most creative and dedicated minds willing to be courageous and bold. Compliance, safety, rights and liberties must coexist at the 40 Acres as a model for the nation. 23 References Abbey, A., McAuslan, P., Zawacki, T., Clinton, A.M., & Buck, P.O. (2001). Attitudinal, experiential & situational predictors of sexual assault perpetration. Journal of Interpersonal Violence, 16, 784-807. Abbey, A., Clinton-Sherrod, A.M., McAuslan, P., Zawacki, T., & Buck, P.O. (2003). The relationship between the quantity of alcohol consumed and the severity of sexual assaults committed by college men. 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Aggressive Behavior, 29, 366-380. 25 Appendix D Faculty Quick Reference Guide Sexual Harassment/Misconduct (Title IX) Ways to Report Sexual Misconduct and Sexual Harassment: Internal contacts (internal to The University of Texas at Austin) – Institutional Title IX Coordinator, Dr. Jennifer Hammat, UTA 2.206, 1616 Guadalupe Street – Phone: 512-232-3992/ 512-232-7055 Email: j.hammat@austin.utexas.edu – Website: http://www.utexas.edu/student-affairs/policies/title-ix – Office of Institutional Equity (for faculty/staff and visitors), Travis Gill, NOA 4.302, 101 East 27th Street – Phone: 512-471-1849 Email: equity@utexas.edu – Website: www.utexas.edu/equity – Student Emergency Services (for students), Krista Anderson, SSB 4.104, 100 West Dean Keaton – Phone: 512-471-5017 Email: studentemergency@austin.utexas.edu – Website: deanofstudents.utexas.edu/emergency – The Compliance and Ethics Hotline (reporting party wishes to remain anonymous) – Phone: 877-507-7321 Website: https://www.reportlineweb.com/utaustin External contacts (outside of The University of Texas at Austin) – U.S. Department of Education’s Office of Civil Rights – Phone: 800-421-3481 Email: ocr@ed.gov – Website: http://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html Resources: University Police Department (UTPD): 512-471-4441, to report an incident, with or without filing charges Behavior Concerns Advice Line (BCAL): 512-232-5050 for concerns about any member of our community UT Austin Title IX Resource Guide: http://www.utexas.edu/student-affairs/policies/title-ix a comprehensive list of university and community resources for those who have experienced these issues Employees & Visitors Office of Institutional Equity (OIE): 512-471-1849 to report employee issues for discipline *Employees Assistance Program (EAP): 512-471-3366 counseling support services for employees Students Student Emergency Services (SES): 512-471-5017 emergency funds, classroom accommodations, etc. Student Judicial Services (SJS): 512-471-2841 to report student-on-student issues for discipline Voices Against Violence (VAV): 512-471-3515 part of CMHC, operates the Survivors Emergency Fund *Counseling and Mental Health Center (CMHC): 512-471-3515 counseling support services for students *CMHC Crisis Line: 512-471-2255 counseling support services for students available 24/7 *University Health Services (UHS): 512-471-4955 for STI and pregnancy testing, x-rays, medical exams *CONFIDENTIAL REPORTING OPTION University of Texas at Austin University Compliance Services 01/2015 Page | 1 26 Definitions: Sex Discrimination Sex discrimination including sexual harassment, is conduct directed at a specific individual or group of identifiable individuals that subjects the individual or group to treatment that adversely affects the individual or group’s employment or education on account of sex or gender (Appendix D, 2014-15 General Information Catalog). Sexual Harassment Unwelcome sexual advances, requests for sexual favors, sexual violence, and physical conduct (touching), verbal conduct (what someone says), or non-verbal conduct (what someone does), of a sexual nature. It can also include bullying or intimidation of a sexual nature or offensive remarks about a person’s sex. Anyone can be the target of sexual harassment (Complete definition in Appendix D of the 2014-15 General Information Catalog). Sexual Misconduct Behavior or conduct of a sexual nature that is unprofessional and/or inappropriate for the workplace (Complete definition in Appendix E of the 2014-15 General Information Catalog). Stalking Stalking is defined as repeated conduct directed specifically at another person that reasonably causes that person, or a member of that person’s family or household, to fear for his or her safety or that person’s property; such conduct may include but it not limited to repeated, close physical or visual contact, watching, following, and making direct or implied threats by phone calls, e-mail messages, letters or messages. (Chapter 11, Appendix C, 2014-15 General Information Catalog). Dating Violence Dating violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship would be determined based on: (A) the reporting party’s statement; and (B) with consideration of (i) the length of the relationship; (ii) the type of relationship, and; (iii) the frequency of interaction between the persons involved in the relationship. Note: dating violence does not include acts covered under the definition of domestic violence (Clery Definition). Domestic Violence Is felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction (Clery Definition). Reasonable Person Standard A “reasonable person” is not the same thing as an “average person” or a “typical person.” It is a general idea of how a community member would or should behave in a certain situation. The standard takes into consideration context and other circumstances that are specific to the case. Mandatory Reporter As a faculty member, you are required to report all instances of sexual harassment or sex discrimination to the University, when 1) traveling with students (domestically or abroad) 2) if you supervise any students, 3) are an academic advisor, 4) advise any student organization, 5) manage a student lab, or 6) if you have an administrative role that students might reasonably perceive they have reported to a university official. Retaliation Prohibited A student, faculty member, or staff member who retaliates in any way against an individual who has brought a complaint pursuant to university policy or participated in good faith in an investigation of such a complaint, is subject to disciplinary action, up to and including dismissal from the University. (Appendix D, 2014-15 General Information Catalog). Evidence Preservation In instances of sexual violence, the preservation of evidence may be critical to an investigation should you wish to proceed with a criminal, civil or university investigation, now or in the future. (Examples of evidence include but are not limited to: not showering, not washing related clothes or linens, pictures, text messages, and social media communications between you and the alleged or related to the incident.) Questions or Concerns? Contact Dr. Jennifer Hammat, Institutional Title IX and Clery Coordinator 512-232-3992, j.hammat@austin.utexas.edu, UTA suite 2.206, 1616 Guadalupe Street University of Texas at Austin University Compliance Services 01/2015 Page | 2 27 Appendix E 28 Appendix F 29