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Minutes & Agendas

2000-2001


University of Hawai'i at Manoa Faculty Senate, November 8, 2000

Law School Classroom 2

Contents

SENATORS PRESENT:
Belinda Aquino, Barry John Baker, Hazel Beh, Horst Brandes, Kent Bridges, Craig Chaudron, Meda Chesney-Lind, Robert Cooney, Joanne Cooper, John Cox, Thomas Craven, Jim Dator, Sandy Davis, Marilyn Dunlap, Ernestine Enomoto, Carl Evensen, Andrea Feeser, David Flynn, Pamela Fujita-Starck, Carolyn Gotay, William Haning, John Hardman, Emily Hawkins, Manfred Henningsen, Karen Jolly, Robert Joseph, Merle Kataoka-Yahiro, Irvin King, Joy Marsella, Susan Miyasaka, Ralph Moberly, Charles Mueller, Wendy Pearson, Teresita Ramos, John Rieder, Gerard Russo, Francis Sansone, Gwen Sinclair, John Stimson, Charles Weems, Joel Weiner

SENATORS EXCUSED:
Jerome Comcowich, Donna Fukuda, James Marsh, Robert Paull, Sylvia Yuen

SENATORS ABSENT:
Iqbal Ahmed, Michael Antal, Elaine Bailey, Martha Crosby, Michael Forman, Richard Frankel, Michael Garcia, Nanette Judd, Peter Kim, Laurence Kolonel, Ed Laws, Bruce Liebert, Glenn Man, John Melish, Jane Moulin, Philip Rehbock, David Sanders, Brent Sipes, Martha Staff, Frank Walton, Kelley Withy, Ming-Bao Yue

ADMINISTRATORS PRESENT:
Thomas Bopp, Peter Garrod, Judith Inazu, Harold Masumoto, Barbara Polk, Dean Smith, Alan Teramura

NO OTHERS SIGNED IN

Chair's Report

While waiting for a quorum to be present, at 3:08 PM Chair Barry John Baker reported as follows:

ACCFS voice concern about GenED requirements

On 20 October the chair attended a meeting of the All Campus Committee of Faculty Senate Chairs in Hilo following the Board of Regents meeting. At that meeting questions about the new Manoa general education requirements were again raised. At issue are community college concerns about articulation and participation in governance of our general education requirement. Earlier in October I received a letter from the co-convenors of the Council of Community College Faculty Senate Chairs about this issue; a quote from that letter succinctly states their concerns "in brief, the community colleges want to have a clearly defined way to participate in the process of establishing criteria, procedures, and policies for the new UHM Focus Area and Foundations requirements." I assured the meeting that their concerns were understood, not discounted and would be given due consideration but both myself and Karen Jolly, Chair of the Manoa Arts and Sciences Faculty Senate made it clear that Manoa's core was entirely Manoa's responsibility.

On 23 October the SEC met with President Mortimer.

On 23 October and 6 November the chair attended meetings of the University of Hawai`i-Community Partnership. At the former meeting the issue of the so called autonomy referendum was discussed. A sub committee of that body presented a statement in support of the constitutional amendment and this was voted on.

Because the chair believed that the statement, subsequently published in the local press, although supporting the constitutional amendment, was fair in addressing both sides of the issue, the chair voted in favor of its publication.

More money for Repairs & Maintenance

Also on 23 October the chair attended a Dean's and Director's meeting. At that meeting President Mortimer announced that the Board of Regents had requested $31 million in new state funding for the system. He also announced additional state funding of $20 million a year for the next three years for deferred repairs and maintenance, and $10 million for development initiatives focused on the state's economic needs. Due to a new method of reporting, the Department of Accounting and General Services reported that the backlog in repairs and maintenance had ballooned from $96 million to $166 million.

On 24 October the chair attended a meeting of a subcommittee of the newly established 27 person International Education committee concerned with student exchange opportunities. This was an organizational meeting and there will be more to report on the work of this subcommittee in the future.

Also on 24 October the WASC Accreditation Advisory Committee met. A subcommittee chaired by Susan Hippensteele was formed with the task of prioritizing the tasks before the larger committee, that meets on Tuesday 14 November.

Discussion of autonomy referendum

On 26 October the chair was invited to a discussion at Student Services about the so-called autonomy referendum. Senior Vice President Eugene Imai and J N Musto spoke at length pro and con the referendum. The chair spoke briefly explaining the Senate's action on this important matter. The chair went on to say "speaking personally and I suspect for other members of the SEC, now that this issue has been decided by the electorate, and the university administration's position has prevailed I hope that the Board of Regents and the University of Hawaii administration immediately take advantage of this new found autonomy for the good of the UH system and particularly of UH Manoa.

The SEC has decided that the Assessment handbook prepared by CAPP will be forwarded to all faculty by the senate and recommended that it be forwarded to deans and directors by the Manoa administration. This will be done shortly.

Proposed revisions to Board of Regents policies were received during October and have been forwarded to CAB for review and consideration.

Vice Chair John Cox attended a Budget Advisory Committee meeting on 20 October and he and the chair attended a meeting of this committee on 3 November. At the latter meeting details of the various university funds were discussed. Of particular interest was the student housing revolving fund that presently has a balance of $4.24 million and the expectation of spending almost $3.5 million of that amount between now and the end of the academic year.

The SEC has asked the Committee on Student Affairs to review this matter and we will be asking the administration to provide more information so that it can be reviewed in detail.

President Mortimer refuses to sign propose charter and by-laws

On 23 October Assistant Vice President for Academic Affairs Thomas Bopp attended a meeting of the SEC and informed the SEC that President Mortimer was unwilling to sign the proposed charter and by-law amendments, primarily, the SEC was told, because the proposed new charter preamble did not refer to Board of Regents policy. AVPAA Bopp proposed the addition of the following sentence in the preamble to the charter:

"the authority of the Congress and Senate is to make recommendations or provide advice, consistent with Board of Regents policy, on academic decision making and academic policy development."

The SEC discussed this matter and after consultation with one of the authors of the charter and bylaw revisions, and because of their belief in the preeminence of the faculty and the senate and congress on academic matters, offered, as a compromise, the addition of the following language to the preamble of the charter: "the authority of the Congress and Senate is derived from and consistent with Board of Regent's policy."

The SEC has not yet received a response from the administration.

Models for organization of Chancellor's office

On 3 November John Cox and the chair attended a meeting of the Manoa Chancellor Advisory Committee. The discussion was primarily centered on two proposed organization models for the chancellor's office. And last Monday 6 November the SEC received from Harold Masumoto, Special Advisor to the President, a memorandum and supporting documents addressing the establishment of the office of chancellor for the University of Hawaii at Manoa.

Masumoto was scheduled to meet with the SEC next Monday to discuss the chancellorship. This information will be shared with senators and the larger campus community at the earliest opportunity. The document requests input and comment by 18 December. The documents have been forwarded to CAB and CAPP and the chair fully expect a resolution to be forthcoming.

Finally, at the last meeting of the SEC, we were visited by Senior Vice President Alan Teramura and we were briefed on two issues of importance to the university community; management of the Maui super computer and classified research, and human subjects research.

At 3: PM a quorum being present Chair Baker formally opened the meeting.

The Minutes for the Faculty Senate meeting, October 18, 2000, were adopted after being amended to show that Senator Belinda Aquino was excused and not absent.

Presidential Search Committee

Chair Baker announced that he intends to ask the spokesperson from the Presidential Search Advisory Committee to come and address the Senate regarding the confidentiality concerns of the search. He added that the committee, of which he is a member, has had only one meeting, and has not seen any dossiers at this point. He does not know how many applicants or nominees there may be or anything else about the search at this point. The next meeting of the Committee is scheduled for November 21 at which time dossiers will be reviewed for the first time.

Senator Meda Chesney-Lind reminded the Senate that she has submitted an article from the Chronicle of Higher Education that stated that many universities are able to protect the privacy of presidential applicants while also allowing the university community to interact with finalists. She expressed the hope that the same would be the case for UH.

Craig Chaudron reported on the progress being made by the Subcommittee of the Committee on Academic Programs and Policies concerned with governance of the new General Education core. He expects a report from that committee to be submitted to the Senate by the December 2000 Senate meeting. In the meantime, there is a draft of the report available for anyone to read and comment upon.

GEC Core change: Hawaiian language separated out

Senator Chaudron also pointed out that there was a formatting error in the resolution on the Core that the Senate had approved in its previous meeting. He said that the section on Hawaiian Language should be separated from the previous section as a stand-alone item. As it was submitted and approved, it might seem that the Hawaiian Language section was part of the section that preceded it. The Senate agreed to this format change.

VP for Research -- Alan Teramura

Managment of Maui Super Computer

Chair Baker then introduced Senior Vice President for Research, Alan Teramura, who discussed two matters with the Senate. The first was on the management of the Maui Super Computer and proposed changes in wording of the Board of Regents Policies on Classified Research. The second was on the Human Subjects policies and the workshops presently in process.

In 1993 when the Air Force Research Laboratory established the Maui Supercomputer facility the University of Hawaii was among the units which sought to manage the facility. However, the University of New Mexico (UNM) won the contract. That contract is now set to expire in September 30, 2001.

In March 2000, President Mortimer created an advisory committee to look into whether UH should apply again for the management contract. The committee was initially composed of Senior Vice President Eugene Imai, Special Advisor Harold Masumoto, David Lassner, head of the UH Computing Center, and SVP Teramura. Later, Clyde Sakamoto, Provost of Maui Community College, and representatives from the Office of the Mayor of Maui, and the University of Hawaii at Hilo were added to the Advisory Committee. The committee met with a group of UH faculty members who use or have used the Maui Super Computer.

The committee recommended that UH should submit a bid since 1) UH researchers presently use the super computer, and more could (and more easily) if UH managed it; 2) The contract is worth $15 million per year for five years. UH could receive 21% indirect charges from this; and 3) Since it is one of the most powerful computers in the world, it could attract other businesses to it that would produce additional jobs and income for the State.

The committee also suggested that the UH submit its bid in partnership with some other applicants, and eventually decided to partner with Boeing and others.

UH qualifies as a minority institution for the purposes of this bid and initially anticipated a set-aside because of this. However, the University of New Mexico also qualifies as a minority institution, and so the UH advantage was lost. As a consequence, UH is currently trying to add UNM to the UH team, with UH as the prime contractor.

Classified Research - Special Advisor to President, Harold Masumoto

Special Advisor to the President, Harold Masumoto, just back from negotiations with the UNM team, took over at this point and immediately brought up the matter of classified research.

According to current BOR policy, UH does not engage in classified research.

Individual faculty members can, on their own, do so, and some do. Masumoto said he does not anticipate any need to change the BOR policy. While 25% of the capacity of the Maui Supercomputer is used for classified research, and while anyone involved in the management of the facility must have security clearance, UH will not itself be doing classified research, and thus there is no conflict with the existing BOR policy if UH manages the facility, Masumoto said.

Masumoto stated that UNM had built a magnificent computing complex on the UNM campus from the proceeds earned from managing the Maui facility, and that there is even a fine arts component as well as advanced modeling and simulation being conducted by UNM faculty at their new facility. "We need to do the same thing," Masumoto concluded.

SVP Teramura then discussed the BOR classified research policy, and pointed out that all of Board's policies are currently undergoing revision. In fact, the Senate's Committee on Administration and Budget is currently reviewing those proposed revisions. Among them is proposed new wording about classified research which simply reflects the reality of the current situation, and is in no way a substantive change, Teramura said. The fact that these wording changes and the Maui proposal arose at the same time is a coincidence, and not a Trojan Horse for changing our policy on classified research, SVP Teramura stated.

Human Subjects Research - Teramura

SVP Teramura then discussed the Human Subjects Research Workshops and the memo he published about it

In June, the University was notified by the US Office of Human Research Protection of possible misconduct by a UH researcher. Substantial problems were found in the rules and procedures by which UH carries out the mandates of the OHRP. UH must rectify those difficulties promptly or all federal monies for research on human subjects will be withdrawn and all such research, whether federally funded or not, prohibited. The UH presently receives $100 million of such federal funds now. A stop-out would have very serious consequences.

Such prohibitions have been levied against several major universities recently-- Duke, Virginia Commonwealth, Alabama, Tulsa, and others--so UH must come into compliance immediately.

Even though the federal requirements have been in place for fifteen years, the UH office which supervises human subjects research compliance (the Institutional Board [IRB]) has been very woefully understaffed--1.2 FTE. In comparison, the office that oversees animal research has 12 FTEs.

To resolve these and many other problems, the UH engaged the services of Mr. Bill Dommel, who in fact worked in the federal office for over 25 years, and was primarily responsible for drafting the current regulations.

In addition to many other things, Dommel has offered training workshops of 12 hours duration for the members of the IRB and now is offering, this week and next Monday, four-hour long workshops for all faculty members and students engaged in research involving human subjects.

Teramura expects a policy to be in place shortly which will require anyone who intends to engage in human subject research to be certified through such a workshop before the IRB will permit such research to be carried out. While workshops will be offered later, and at intervals in the future, Teramura urged everyone to avail themselves of the presence of Dommel and attend the current workshops.

Senator Henningsen voiced his objection to the alarmist and dictatorial tone of the memo that SVP Teramura promulgated.

Teramura replied by saying that is why he attended today, to apologize for the tone of that memo, and the inadequacy of sufficient advance notice for the workshops, but to impress upon the Senate the extreme seriousness and urgency of the matter.

There then followed a vigorous question and answer period where various members of the Senate wanted to know whether their research--in history, or oral history, or the humanities, for example--was subject to IRB review. The answer in every instance is, yes, they are, but in many instances, such research might be excluded from close scrutiny. The point is, the researchers themselves cannot make the decision that their research is exempt. The IRB must tell them that.

Some Senators who had attended the workshops reinforced SVP Teramura's position and urged everyone to attend the workshops in order to understand the reason for the procedures, and to learn how to follow them expeditiously.

Chair Baker thanked SVP Teramura and Special Advisor Masumoto for their presentations, and reminded the Senate of the Faculty Congress on "The State of the University" that will be held on Wednesday, November 15 at 3 PM in the auditorum of the School of Architecture. A panel from the university and broader community will present brief statements followed by discussion by all participants.

There was no new business, and Chair Baker adjourned the Senate at 4:32 PM.

Clumsily submitted by your humble scribe and obedient servant,

Jim Dator Secretary