Faculty Senate Minutes April 29, 2003

The University of Iowa
FACULTY SENATE
Tuesday, April 29, 2003
3:30 pm – 5:00 pm
Lucas Dodge Room, #256 Iowa Memorial Union

Members Present: Judith Aikin, Steven Armstrong, Terry Boles, Phyllis Chang, John Cowdery, Douglas DeJong, Kathleen Diffley, Edwin Dove, Claibourne Dungy, Lois Dusdieker, Bernard Fallon, Sonya Franklin, Richard Fumerton, Carin Green, Sandra Guzman-Armstrong, Rebecca Hegeman, Paul Heidger, Ronald Herman, Erin Irish, Jean Jew, Sheldon Kurtz, Richard LeBlond, Charles Lynch, Usha Mallik, Kim Marra, Ann Marie McCarthy, Sue Moorhead, John Moyers, Paul Muhly, Thomas O’Dorisio, Bradley Phillips, Judy Polumbaum, Richard Randell, Mary Reno, Jon Ringen, Peter Rubenstein, Linda Snetselaar, Alvin Snider, Karin Southard, Katherine Tachau, Tuong Ton-That, Richard Valentine, Carolyn Wanat, Robert Weir, Paul Weller, John Westefeld, Jerold Woodhead

Members Absent: Karim-Malek Abdel, Janet Altman, Zuhair Ballas, Donald Brown, Melissa Deem, Gregory Hamot, Alfred Hansen, Patrick Lloyd, Mazen Maktabi, Rachel Miller, Barbara Muller, Andrew Nugent, Lisa Oakes, Leslie Schrier, Shelton Stromquist, Duane Whitaker, Howard Winfield

Members Excused: Pedro Alvarez, William Johnson, Teresa Mangum, Harry Paarsch, Thomas Schmidt

Faculty Senate Officers in Attendance: Jeffrey Cox, President; Margaret Raymond, Vice President; Craig Porter, Secretary, Amitava Bhattacharjee, Past President

Guests: Julie Thatcher (Faculty Senate Office), Erin Jordan (Gazette), Donovan Hannah (Daily Iowan), Gillian Rosenberg (Student), Al Hood (Emeritus Faculty Council), Steve Thunder-McGuire (College of Education), Mike McWilliams (Press-Citizen), Lee Anna Clark (Provost Office), Jon Whitmore (Provost Office), Renee Chou (KCRG), Joseph Coates (Art and Art History), Nick Colangelo (Board in Control of Athletics), Charles Drum (University Relations), Carolyn Colvin (College of Education)

I. Call to Order

The April 29, 2003 meeting of the University of Iowa Faculty Senate was called to order by its President, Jeffrey Cox, at 3:35 pm. Seating arrangements were discussed. The current senators were advised to sit in the right section of the Lucas Dodge Room, new senators in the front left section and administrators and guests in the back left section.

II. Approvals

The agenda was approved as presented.

A. Faculty Senate Minutes, March 4

The minutes of the Faculty Senate meeting of March 4, 2003 were approved as written.

B. Faculty Senate Replacements

A motion was made that “the Faculty Senate approves the Senate replacement as recommended by the Committee on Elections and approved by the Faculty Council.” The motion was seconded and approved.

III. Reports

A. Board in Control of Athletics Annual Report, Nicholas Colangelo

Pres. Cox introduced Prof. Nicholas Colangelo. Prior to so doing, he advised the Senators that the presentation of the report from the Chair of the Board in Control of Athletics (BICOA) is a deviation from standard past procedure when the report was presented in document form. The change arose following last year’s discussions with Prof. Colangelo and members of BICOA at the Senate and Council. Pres. Cox then expressed his thanks to Prof. Colangelo and to members of his committee, all of whom have served admirably as strong advocates for integrity in collegiate athletics.

Prof. Colangelo opened his comments by indicating that the final, written report from his committee would come to the Senate at the end of the current academic year. He indicated that he has served as chair for a two-year term. He views the visibility and media attention that athletics has received at the University of Iowa as a positive highlight. It is invigorating for the university and serves to promote a “ricochet” affection for the university among the many fans of the University of Iowa sports teams. He then identified one of the major challenges facing BICOA as being that the simple reality that the athletic programs at the University of Iowa are not about academics but for the most part are about entertainment. He subsequently reviewed the membership of the Board. There are 21 members including the Director of Athletics in ex officio capacity. There are 11 faculty members seated by charter.

Prof. Colangelo next turned his attention to graduation rates among student athletes, praising the contributions of Senator Chuck Lynch as chair of the Academic Achievement Subcommittee of BICOA. Many Division I athletes are at university primarily to play sports. Thus their academic life takes a back seat to their real interest. Nonetheless, of the participants in the BCS games, Iowa has the second best graduation rate. Indeed, among all bowl participants, Iowa student athlete academic performance ranks among the top. Further evidence of relative local success in this regard is that there is no pattern identifiable by which our student athletes huddle up in particular majors in order to remain eligible to participate in Division I sports activities. The University of Iowa student athlete graduation rate is equal to or better than that of the other state schools.

Prof. Colangelo next discussed BICOA membership attendance at bowl games. This year there was concern regarding the expense of allowing BICOA members to travel gratis to the Orange Bowl. The origin for this practice dates to a prior arrangement that BICOA had with the Rose Bowl under which members and spouses or guests could have their travel expenses paid. The Big Ten allows members of BICOA to travel to all BCS bowl games. This year all BCS members were allowed to make individual decisions about how to cover member and guest travel expenses. Subsequent to the Orange Bowl of this year, an internal review of this perquisite has resulted in the adoption of a local policy that there will be no more free travel to BCS games for members, spouses and/or guests of BICOA with the single exception of the Chair of BICOA or his/her designee.

According to a recent article in the Iowa City Press Citizen, there were 172 guests of the University of Iowa whose travel expenses to the Orange Bowl were paid. Of those individuals, 11 were members of BICOA. The Bowl itself gave $1.6 million to the University of Iowa for its participation. Of this amount, all but about $300,000 was spent. During the past year the athletics programs had a total budget of $38,415,000—including the $1.6 million from the BCS-- and spent $38,083,000. The difference in those figures approximates the residual from the bowl game.

Men’s sports had an income of approximately $16 million and a cost of approximately $16,444,000. Women’s sports had an income of $222,000 and a cost of $7,250,000. General funds allocations to the athletics program in the past academic year were $2.47 million. It is erroneous to believe that the general funds allocations entirely cover women’s athletics. During this past academic year Interim President Boyd determined there would be no increases in general funds allocations to the athletics programs but that the allocation would stay steady at $2.47 million. In spite of this decision, Prof. Colangelo indicated BICOA should help to assure the future of women’s athletics even if a decision were made to eliminate the general funds allocation to athletics.

BICOA has representation on all committees charged with athletics staff hires. Since July there have been six P&S hires, two of whom have been women and none of whom are representatives of minority groups. There have been 13 coaching position hires, five of which have been women and three of which come from minority populations. There have been no head coaches hired in the past year. Head coach search committees require the chair of BICOA or his/her designee as a member.

Prof. Colangelo next commented on the Pierre Pierce incident. It was his opinion that there was much that could be done to better handle issues of allegations of sexual assault and harassment involving student athletes. The Student Welfare Subcommittee of BICOA will be working to better define regulation of student athlete behavior. The reporting relationship involving the president, the athletics director and the general counsel is also an area that needs improvement.

Prof. Colangelo next turned his comments to that of the so-called “arms race” in athletics. Of the issues that drive this there are primarily three: the first is that of coaches’ salaries (with the fastest increases being seen in men’s basketball); the second is that of the cost of new athletic facilities; the third issue is the cost of advertising contracts. During his interim presidency Sandy Boyd explored the possibility of creating a cap on coaches’ salaries. This potential restraint of trade issue necessitates broad national cooperation. Furthermore, determination of University of Iowa coaches’ salaries is not the primary responsibility of BICOA although the committee could have input to the president in this regard. New buildings obviously help with recruitment efforts and help to allow the University to entice donors for their support. Advertising contracts generate enormous financial gain for athletics programs and universities. With respect to all three of these dominating issues of the “arms race,” the University of Iowa is attempting to create stances and policy that are in line with the most recent Knight Commission Report, including those related to compensation. The University has to provide accurate internal assessment of the true need for new facilities to assure that their construction does not fuel the “arms race”. Lastly, the Big Ten and NCAA have to provide active leadership regarding television and advertising contracts.

Prof. Colangelo next reviewed the decision that was made approximately three years ago to merge men’s and women’s athletics. At the time of the merger a decision was made to review its impact at five years. He then pointed out the historic leadership role that the University of Iowa has played by its longstanding embrace of the spirit of what ultimately became Title IX. Since its enactment, the university has always been fully compliant with its dictates. The University of Iowa is one of two Big Ten schools without a major citation for NCAA noncompliance. The position in which our adherence to Title IX and NCAA regulations places us is enviable, but also highlights the need for ongoing vigilance.

Against the background of public discussion regarding alcohol use and abuse by students at the University of Iowa, the topic of sports-related alcoholic beverage advertising was then discussed. This is disallowed within the confines of Kinnick Stadium by University policy. However broadcast games can be and currently are interrupted by such advertising. Unfortunately, Prof. Colangelo indicated that this is not a BICOA issue but one that requires the Big Ten and NCAA to provide leadership. In spite of our Kinnick Stadium policy, alcohol was freely served during the Orange Bowl game. This occurred because the Orange Bowl was played in a professional stadium. Prof. Colangelo suggested that a simple solution to this inconsistency would be to play future bowl games at non-professional stadia. This decision cannot be made by the University of Iowa or by BICOA.

In his closing comments, Prof. Colangelo commented about the role of BICOA in general. He identified the committee as a “living, evolving organism.” During his period of leadership he has been in contact with other Big Ten equivalents of BICOA. He believes that our Board is strong by comparison. Nonetheless BICOA is not “in control” of athletics as an authoritative body. Rather it serves its role as an important advisory body to the athletics program. Before responding to questions, Prof. Colangelo asked for ongoing and significant input from the Senate as the university and BICOA work through the difficult issues that face university athletics and athletes.

A question was asked about the impact a decrease in state funding to athletics might have on the university’s control of the programs. It was Prof. Colangelo’s opinion that changes in state funding have no effect on control, because the programs are offered by the University of Iowa for participation by University of Iowa students. Pres. Cox thanked Prof. Colangelo and also thanked Prof. Lynch for their efforts as strong members of BICOA.

B. Task Force on Undergraduate Arrest Rate, Judy Polumbaum

Prof. Cox provided a review of the background that led to the creation of this committee. It began with an article in the Cedar Rapids Gazette a year earlier in which it was reported that 10% of males graduate from the University of Iowa with an arrest record. It was further reported in The Chronicle of Higher Education that the University of Iowa led the nation in on-campus drug arrests for 2001. Preliminary evaluation of these data raised the question of whence they derive; from matters of policy or from student behavior that is somehow worse at the University of Iowa than elsewhere? The Task Force consisted of Profs. Judy Polumbaum, Warren Piette, and John Whiston, and students Matt Blizek, Gillian Rosenberg, and Raychel Kolen. Prof. Whiston provided the actual report to the Senate.

He began by identifying the charge to the committee—an examination of the statistics surrounding these arrest rates—as an absolute nightmare! As one illustration, during the period in which their committee was actively gathering data, the Press Citizen reported that the Iowa City Police Department had revised arrest statistics from one day to the next.

During the period of 1993-1996 the Johnson County arrest count never exceeded 6,000. Subsequent years saw a sharp increase to around 9,000. Latest arrest rates were four times those in Story County, where Iowa State is located. Two thousand arrests were for public intoxication, 50% more than those in Story County and the arrest rate for drug law violation was 2.5 times the rate in Story County. In parallel, the University of Iowa Department of Public Safety has had an increase in arrests and charges although they have not been escalating as rapidly as those of the Iowa City Police Department.

When the university Department of Public Safety finds a violation, its officers have the option of either charging or disciplining the offender. Of liquor violations occurring during this past year the Department of Public Safety made 227 arrests and referred 473 individuals for disciplinary action. During the same time there were 182 arrests related to drug violations and only 13 referrals.

Prof. Whiston then reviewed the typical charges that students receive for various violations. Public intoxication is a simple misdemeanor which can generate a $50-$200 fine and is an expungable event. Possession under the legal age (PAULA) carries a $100 fine plus surcharge for a first violation. Second violations typically include a $200 fine plus surcharge and the loss of the offender's driver license. Operating while intoxicated is a serious misdemeanor with a mandatory 14 days in jail, a mandatory $1400 fine, educational remediation and loss of a driver license for six months.

The University of Iowa Department of Public Safety can and does arrest large numbers of non-students. Finding and studying safety issues at the University of Iowa has been facilitated by a federal law requiring public disclosure. Thus crime statistics are available for all universities. It appears that the University of Iowa arrest rates for liquor law violations are greater than other Regents’ institutions and comparable to other Big Ten schools. However in at least one recent year the University of Iowa led the Big Ten in drug arrests.

The committee used this information to come to the conclusion that in our community there is a relatively large amount of illegal behavior occurring in a small geographic area. Nonetheless it does not appear that drug and alcohol use or abuse is out of line with that occurring at other, similar institutions. What does appear to be somewhat out of line is the arrest rate.

To explore why this might be so, the Committee interviewed people in departments and offices concerned with relevant policy and its implementation. They concluded there is wide latitude for discretionary judgment involving student behavior. For example, in the residence halls, if an RA investigates a complaint about a loud party in a residence hall and sees a small amount of alcohol he/she can use his/her judgment about whether simple admonishment to get rid of the alcohol is appropriate or if additional authoritative action needs to be taken. On the other hand, the official policy in the residence halls regarding incidents involving regulated substances is zero-tolerance for suspicion of drug use, for instance, RAs are instructed to call hall coordinators who are to call police, and drug charges result in expulsion from the dorms.

It appears that campus and city police have similar abilities to use discretionary judgment, and that when it comes to an investigation that identifies illicit drug use in particular, the Department of Public Safety, the Iowa City Police Department and the County District Attorney have adopted a zero-tolerance, zero-discretion policy -- with apparently some exceptions for individuals willing to inform on others.

The relationship between the Iowa City Police Department and the University of Iowa students is also a contributing factor to the issue under investigation. On a typical weekend there are usually two to three Iowa City police officers on duty on the pedestrian mall. During football weekends the Iowa City Police Department increases this number to eight. PAULA sweeps and Drug Task Force activities are supported by actively pursued grant money, tending to further heighten the tension between these two groups.

In their own defense, the Iowa City Police Department officers state that there is a large amount of illegal behavior that they observe but they only actively punish a small amount of it. For example, they claim that they charge less than one percent of public intoxication offenders.

In general there is reason to believe that the officers patrolling areas frequented by students off campus are good at their job. The student perception is that there are many officers who seem to be attempting to provoke them. The committee believes that the public relations and/or personnel issues that exist between the Iowa City Police Department and the student body needs to be investigated.

Prof. Whiston concluded with the observation that the increasing student arrest rate is largely a function of law enforcement policy choices by the University, by the Iowa City Police Department and by Johnson County; and that these choices have failed to change the behaviors of students. Significantly, these policy choices often have negative effects on students that reach beyond the immediate charge. For example, if a student is arrested a single time they are no longer eligible for federally supported student loans. For this reason alone, approximately 80,000-90,000 students nationwide have lost federal aid in the last five years. Local law enforcement policies can have a permanent and negative impact on job and professional school eligibility post graduation.

Recommendations the committee anticipates making include urging the University administration to reconsider its zero-tolerance rules and if it insists upon continuing the policy it will be urged to find ways to make the policy and it consequences crystal clear to students and parents. The city will be asked to consider drug and alcohol diversionary policies and to improve its communication with students. Work on student-police relations also will be recommended.

In response to a question regarding other Big Ten University policies, Prof. Whiston indicated that policies and procedures vary, and that some other schools seem to offer more alternative methods of resolution such as medical diversion. In response to an additional question regarding the need for consistency with discretionary power, Prof. Whiston indicated that the Committee did not deliberate this issue as it was out of the scope of its charge. Pres. Cox thanked Prof. Whiston for his presentation and promised to make the final report available on the Faculty Senate web site. He also assured the Senators that it will be discussed in detail with the President of the University once it is received.

C. Elections Committee, Julie Thatcher

Pres. Cox advised the senators that Prof. Berman and Julie Thatcher oversaw the conversion to an electronic ballot. At the conclusion of this process Connie Berman resigned from the Senate. He expressed his thanks to both individuals. The 25 senate vacancies were filled (see attachment) and there are four new faculty councilors (see attachment). The election saved a great deal of money and also a great deal of paper. A motion was made and approved to accept Attachments 2 and 3 as provided. The vote was unanimous in favor.

IV. New Business

A. 2003-2004 Committee Appointments, Margaret Raymond

The recommended committee appointments as indicated on the attachment were moved, seconded and unanimously approved.

B. 2001-2002 Motion Summary, Margaret Raymond

Prof. Raymond reviewed the Senate policy wherein the incoming president reviews the motion summaries for the year prior to their service as the president-elect (vice-president). From this attachment she highlighted the absence of further support for adoption leave policy recommendations the Senate approved at its meeting of April 2, 2002. She also indicated that faculty appointments to non-departmental units are occurring, a point of discussion at the December 4, 2001 Faculty Senate meeting. She finished by declaring her intent to follow up on all issues not resolved as identified on Attachment 6.

V. Announcements

A. Regents Awards for Faculty Excellence, Jeff Cox

The Regents Awards for Faculty Excellence are given by the members of the Board of Regents at a statewide banquet. The nominations for the awardees are made by collegiate deans. These nominations go to committee. They are subsequently approved by the Faculty Council, the Faculty Senate and then the Provost. Six individuals will receive the awards this year. They are Mark A. Arnold, Chemistry; Kyung K. Choi, Mechanical Engineering; Lawrence G. Hunsicker, Internal Medicine; Steven M. Levy, Preventative & Community Dentistry; David F. Lohman, Psych & Quant Foundations; and David F. Wiemer, Chemistry.

B. Michael J. Brody Awards, Jeff Cox

The Michael J. Brody Award is a faculty award made in memory of one of the founders of the Faculty Senate. The selection committee is an ad hoc committee. This year it selected three recipients. They are Amitava Bhattacharjee, Philip Kutzko, and Steve Thunder-McGuire. These awards are usually given at the University Convocation. However the award to Amitava Bhattacharjee was awarded at this meeting because of his inability to attend the 2003-04 Convocation. Pres. Cox stated that the sole reason that the committee made the award was the infectious enthusiasm with which Prof. Bhattacharjee supports public higher education. He then presented Prof. Bhattacharjee with an original lithograph by Anza Emmons entitled “Intersection.”

C. Concluding Remarks of the 2003-03 Faculty Senate President

Pres. Cox began by paying homage to the ability of Michael Brody to bring issues of importance to the administrative schedule. Pres. Cox advised the Senate that the members of the senior University administration are extremely consultative and that the faculty have benefited over the last several years from coordinated and effective administration participation in efforts to promote efficient faculty dispute procedures. The result has been a decrease in faculty grievance. He then reflected that our well-established system for the faculty review of central administration officials is as unique as the faculty role in their selection. He reviewed several innovations that occurred during this past academic year. Faculty relations to the broader community have improved, partly driven by the current $65 million cuts in state appropriations. He hoped that recent meetings of members of the senate with the Governor and with the Iowa City Press Citizen Editorial Board will continue as he also hoped will attendance of the membership of the Government Relations Committee at weekly legislative briefing sessions and the intermittent legislative fora. Pres. Cox concluded by thanking the outgoing members of the Senate and also by thanking the Faculty Senate Officers, Amitava Bhattacharjee, Margaret Raymond and Craig Porter who, in his opinion “set high standards by not offering any unsolicited advice”.

VI. Adjournment

The meeting was adjourned at 5:00 pm.

Respectfully submitted,

________________________________________
Craig C. Porter, MD
Secretary, University of Iowa Faculty Senate
The University of Iowa

FACULTY SENATE
Tuesday, April 29, 2003
5:00 pm – 5:30 pm
Lucas Dodge Room, #256 Iowa Memorial Union

Members Present: Judith Aikin, David Aspery, Terry Boles, Linda Boyle, Garry Buettner, Gloria Bulechek, Micheline Chalhoub-Deville, Phyllis Chang, Kathleen Diffley, Virginia Dominguez, Edwin Dove, Claibourne Dungy, Lois Dusdieker, Bernard Fallon, Sonya Franklin, Richard Fumerton, Carin Green, Sandra Guzman-Armstrong, Rebecca Hegeman, Paul Heidger, Ronald Herman, Keri Hornbuckle, Erin Irish, Jean Jew, Michael Kelly, Sheldon Kurtz, Richard LeBlond, Donald MacFarlane, Usha Mallik, Kim Marra, Sue Moorhead, Pamela Nerheim, Thomas O’Dorisio, Bradley Phillips, Richard Randell, Mary Reno, Jon Ringen, Linda Snetselaar, Alvin Snider, Karin Southard, Katherine Tachau, Tuong Ton-That, Geb Thomas, Carolyn Wanat, Marcia Ward, Robert Weir, Paul Weller, John Westefeld, Jerold Woodhead

Members Absent: Janet Altman, Thomas Cook, Melissa Deem, Michael Flanigan, Gregory Hamot, Alfred Hansen, Debra Haselton, Patrick Lloyd, Mazen Maktabi, Jose Morcuende, James Nepola, Andrew Nugent, Lisa Oakes, Todd Pettys, Stephen Rayhill, Leslie Schrier, Janet Specht, Shelton Stromquist, Duane Whitaker, Howard Winfield

Members Excused: Pedro Alvarez, Jay Christensen-Szalanski, William Johnson, Teresa Mangum, Harry Paarsch, Thomas Schmidt, Gary Segura

Faculty Senate Officers in Attendance: Margaret Raymond, President; Jeffrey Cox, Past President

I. Call to Order

The meeting was called to order by Faculty Senate President Margaret Raymond.

II. Election of Officers, Julie Thatcher

Candidate statements were previously distributed. Prof. Katherine Tachau was elected vice-president and Prof. Ed Dove was elected secretary.

III. Senate President Opening Remarks, Margaret Raymond

Pres. Raymond expressed her thanks to Amitava Bhattacharjee whom she described as a tireless member of the leadership group. She then expressed her thanks to Craig Porter and Jeffrey Cox and indicated that Jeffrey Cox will serve the Senate as a member of its leadership for another year as Immediate Past President. She described his extensive leadership in advancing outreach and comment within the broader community of Johnson County. She advised the Senate of his great direction and great ideas. To Julie Thatcher she expressed her appreciation as she did to the departing senators and to the new senators. She then offered her thanks to the candidates for the Senate officer positions.

Pres. Raymond described the tasks and responsibilities of the various officers and identified her reason for so doing: encouragement for Senators to stand for office in the future. The president of the Faculty Senate chairs the Senate and Council meetings, attends the Board of Regents meetings, sets the agenda for the Faculty Council Retreat and selects committee chairs. The president and vice-president are members of the Budget Committee. The vice-president chairs the Committee on Committees and is an ex officio member of the Government Relations Committee. The secretary records the Senate and Council meetings. The officers meet as a group with the provost and the president on a regular basis.

She then turned her remarks to issues that the Senate will face in the coming academic year. These include a review of the Promotion and Tenure Guidelines, a review of the procedures governing decanal reviews and ongoing discussion of the Research Track Proposal. The Senate and Council will also engage in constructive discourse over any matter either body agrees to discuss. Pres. Raymond concluded her remarks with the observation that the students of today will be the community leaders of tomorrow and that we, as Senators, we need to preserve our commitment to access, quality and diversity in their educational experience on their behalf.

V. Adjournment

The organizational meeting of the 2003-04 Faculty Senate meeting concluded at 5:30 pm.

Respectfully submitted,

________________________________________
Craig C. Porter, MD
Secretary, University of Iowa Faculty Senate