Presented to the Mānoa Faculty Senate by the Committee on Administration and Budget (CAB) for a vote of the full Senate on February 16, 2022, a resolution calling for the revision of policies pertaining to the appointment of interim executive managerial positions. Approved by the Mānoa Faculty Senate on February 16, 2022 with 42 votes (87.50%) in support; 6 votes (12.50%) opposed; and 4 abstentions. 

RESOLUTION CALLING FOR THE REVISION OF POLICIES PERTAINING TO
THE APPOINTMENT OF INTERIM EXECUTIVE MANAGERIAL POSITIONS

WHEREAS, the Mānoa Faculty Senate has directed that the Committee on Administration and Budget (CAB) “shall review […] the procedures for filling [major] positions” and “shall monitor the administration’s actions to ensure that they are open and give ample opportunity for faculty consultation and shall review University policies regarding academic decision making and policy development and propose modifications as required[1]”; and,

WHEREAS, the University of Hawai‘i Professional Assembly (UHPA) and the Board of Regents (BOR) entered into an agreement that spans from July 1, 2021 through June 30, 2023 (hereafter referred to as “2021-2023 UHPA-BOR Tentative Agreement”)[2], which reconfirms in section R-20 that which appeared in earlier contracts:

Acknowledging that “some faculty consultation may occur at the department level”, […] “the University
will refer the following topics to Senates, or, where noted, to other shared governance entities. […]

8) Participation in recruitment, selection, and evaluation of academic executive leadership at the campus and
the system level. This responsibility may also be shared with other shared governance entities.”; and,

WHEREAS, existing Executive Policy (EP) 9.212 states that an Executive Managerial (EM) position can be filled without a search process “when filling a position on an acting or interim basis up to one (1) year”[3]; and,

WHEREAS, individuals have held interim EM positions for periods significantly longer than one (1) year[4], violating EP 9.212; and,

WHEREAS, “E” appointments are individuals with demonstrated knowledge, ability and experience at the policy level to provide leadership, while “M” positions should have demonstrated knowledge, ability and experience in implementing policy, and therefore the EM appointments should be differentiated accordingly; and

WHEREAS, the appointment of an interim EM position without inviting or considering faculty feedback, especially from the unit(s) the interim EM will be overseeing, violates section R-20 of the 2021-2023 UHPA-BOR Tentative Agreement; and,

WHEREAS, faculty are concerned that the use of interim EM appointments circumvents open hiring processes, disallows faculty input and feedback, avoids transparency and accountability and possibly promotes cronyism, while starving units of effective, necessary long-term planning and leadership; and,

WHEREAS, previous interim EM appointments often resulted in an automatic and significant increase in salary, and a transparent process helps ensure the best possible interim EM appointments and salaries commensurate with demonstrated knowledge, abilities and experience  to perform in the position; and,

WHEREAS, having an established process regarding the solicitation of faculty feedback on the appointment of Interim EM positions will increase transparency and trust in the appointment process, and instill greater confidence among the unit’s faculty and staff, providing the individual with greater support to effectively lead their unit(s),

THEREFORE, BE IT RESOLVED that the Mānoa Faculty Senate supports the revision of the Board of Regents and/or Executive Policies concerning interim EM position hiring and appointment; and,

BE IT FINALLY RESOLVED that the Mānoa Faculty Senate supports the following procedures for inclusion within any Interim EM policy created:

1. The interim EM should be appointed from within the affected unit(s) or, if there are no qualified applicants, from a closely related field.  In all cases, the interim EM shall be a current UH employee.
2. When needing to make an interim EM appointment, the supervisor responsible for appointing the position will provide the names and CVs of no less than three individuals to the unit(s) that the position would oversee, as well as to the Mānoa Faculty Senate, and solicit feedback from both the unit(s) and the Senate regarding the proposed candidates. At the same time that the names are initially circulated, each candidate may provide a statement of priorities for the affected unit(s) to take into consideration.
3. If feedback regarding the interim EM candidates is to be forwarded, then the unit(s), in addition to the Mānoa Faculty Senate, must provide feedback within a reasonable, agreed-upon time period.
4. If the supervisor’s appointment differs from the recommendation made from the affected unit(s), and/or the Mānoa Faculty Senate, the supervisor must provide a written statement at the time of making the appointment outlining the reasons for selecting a different candidate.
5. No interim EM appointment may last for more than one year from initial appointment; however, an interim EM appointment may be renewed on an annual basis if (1) extenuating circumstances arise, (2) a written plan for filling the position permanently is shared with all affected units, and (3) the affected unit(s), in addition to the Mānoa Faculty Senate, approve the extension of the interim EM’s appointment.
6. A public search process for a permanent replacement must commence within six months from the interim EM appointment date; however, if (1) extenuating circumstances arise, (2) a written plan for filling the position permanently is shared with all affected units, and (3) the affected unit(s), in addition to the Mānoa Faculty Senate, agree to the proposed plan, then this section may be waived.
7. If a permanent EM appointment has not been made within one year from the start date of the interim EM position, or a search has not commenced within 6 months of the initial interim EM appointment, the supervisor of the interim EM shall solicit from the affected unit(s) a list of no less than three names of qualified individuals (which may include the current interim) from which the supervisor must select an immediate replacement interim prior to starting the process anew.
8. Any interim EM appointment (including but not limited to provost, vice-provosts, deans, directors, hybrid executives, etc.) must be subject to a consultative process, as defined by R.20 of the UHPA Agreement.  An executive may not circumvent such procedures for reasons such as the appointee belonging to his/her cabinet and therefore he/she is free to choose whomever he/she wants. EM salaries often significantly exceed those of faculty and are paid with public funds; therefore, accountability and transparency must be clearly evident in the event of a legislative audit.
9. Interim EM salaries should be commensurate with the appointee’s qualifications and experience, not simply the positions they hold. To do otherwise violates EEO/AA practices.

Finally, all EM positions, permanent or interim, must post their full CVs on the respective websites with dates of degrees, grants, honors and publications, if applicable. This is consistent with the BOR and administrative requirements for faculty.

[1] MFS Bylaws

[2] 2021-2023 UHPA-BOR Agreement, including section R-20

[3] Executive Policy 9.212

[4]Including, interim deans of Outreach College (10 years) and the School of Travel Industry and Management (various deans for 20 years); interim vice chancellors for  Academic Affairs, Student Affairs and Research, and the equivalent interim vice provosts (9-10 years); and interim deans of the School of Architecture and of the College of Arts and Humanities.

Presented to the Mānoa Faculty Senate by the Graduate Council for a vote of the full senate on January 19, 2022, a resolution supporting the proposal for a Graduate Certificate in ‘Aina Based Leadership.  Approved by the Mānoa Faculty Senate on January 19, 2022 with 54 votes in support, 0 opposed; and 2 abstentions.

RESOLUTION SUPPORTING THE PROPOSAL FOR A GRADUATE CERTIFICATE IN ʻĀINA BASED LEADERSHIP IN THE SCHOOL OF HAWAIIAN KNOWLEDGE

WHEREAS, the purpose of the proposed graduate level Kūʻokoʻa Graduate Certificate in ʻĀina Based Leadership is to cultivate aloha ‘āina leaders connected to and caring for Hawaiʻi’s ʻāina (land and resources) using interdisciplinary skills grounded in a strong foundation of ʻike kūpuna (ancestral knowledge). Kūʻokoʻa, meaning independence, refers to the ability of communities to kiaʻi (protect, care for and make decisions about) natural and cultural resources; and

WHEREAS, students enrolled and faculty teaching in the certificate program will work together to develop culminating projects addressing on-the-ground needs related to land and resources in Hawaiʻi which can enhance UH Mānoa’s relationships with communities, agencies, and organizations; and

WHEREAS, the program will provide an innovative learning program to serve a broad population of students and prepare these students, alongside practitioners and professionals, to address environmental, cultural, legal and social aspects while focusing on interdisciplinary and holistic solutions to natural and cultural resource management, sustainability, and food security using Hawaiian methodologies and practices; and

WHEREAS, the Graduate Certificate will build upon the Mālama ʻĀina strand within Kamakakūokalani Center for Hawaiian Studies (KCHS), drawing on courses from this program while engaging four of its key faculty while also connecting with other existing courses and research opportunities related to natural resource management, sustainability, and resilience across campus; and

WHEREAS, the program is designed as a 1-year program, including a pre-Fall orientation (3-5 day immersive training to set expectations, visit and work together in partner communities, get to know one another and provide a cultural foundation for the program), course enrollment during Fall, Spring and Summer semesters, and a culminating end-of-Summer gathering for student presentations; and

WHEREAS, no additional resources for this program are requested as all other costs including funding support for student airfare, accommodations and food for field-based courses; hosting collaborative workshops or speaker series and events to share student work; and honoraria for community hosts and classroom guest speakers are funded through faculty secured external and departmental financial support; and

WHEREAS, this certificate program is based on research to identify existing professional development needs in sustainability, resilience, and natural resource management in Hawaiʻi, through an assessment of professional development needs in mālama ʻāina fields in Hawaiʻi,  including interviews with 10 key leaders and surveys of 154 individuals representing 85 non-profits, conservation organizations, government agencies, community groups, landowners, and other resource management entities, as well as a survey of 20 UHM undergraduate and graduate students with 80% expressing interest in a certificate program in culturally grounded natural resource management; and

WHEREAS, the certificate has been reviewed and endorsed by the Kamakakūokalani Center for Hawaiian Studies (KCHS), the Dean and faculty of the Hawai‘inuiākea School of Hawaiian Knowledge, the Provost’s Office, the Office of Graduate Education, and the Graduate Council as well as having endorsements from a variety of departments across campus; therefore,

BE IT RESOLVED, that the Mānoa Faculty Senate approves the proposal to establish a Graduate Certificate in ʻĀina Based Leadership in the School of Hawaiian Knowledge.

Supporting document:

Kūʻokʻa Graduate Certificate in ʻĀina Based Leadership Graduate Certificate Proposal, November 2021

Presented to the Mānoa Faculty Senate by the Graduate Council for a vote of the full senate on January 19, 2022, a resolution supporting the proposal for provisional status for the Master of Architecture degree. Approved by the Mānoa Faculty Senate on January 19, 2022 unanimously with 55 votes in support, 0 opposed; and 0 abstentions. 

RESOLUTION SUPPORTING THE PROPOSAL FOR PROVISIONAL STATUS FOR THE MASTER OF ARCHITECTURE (MArch) IN THE SCHOOL OF ARCHITECTURE

WHEREAS, the purpose of establishing a Master of Architecture (MArch) program is to better meet the needs of students who seek to obtain a professional degree, enter the workforce in a reasonable time period and obtain a professional license, and to provide a professional degree tailored to the needs of students in advanced architectural practice; and

WHEREAS, the MArch degree would provide students with a National Architectural Accrediting Board (NAAB) accredited degree that qualifies the students  to become licensed architects recognized across the U.S. as does the current Doctorate in Architecture (DArch) degree, but with a reduced time commitment; and

WHEREAS, the DArch program is the only such program offered in the U.S. and the MArch is the most common professional architecture degree with 120 programs in the U.S including at most all top tier universities offering professional architecture degree; and

WHEREAS, The MArch will increase and diversify enrollment in keeping with the Systemwide Guiding Principle and Priorities and will encourage local students to complete their architectural education in Hawaiʻi; and

WHEREAS, the program can be offered at no additional cost at least for the beginning years as students may be housed in the existing school building and most courses offered in the curriculum will be shared with DArch students allowing efficiency and helping maintain larger class sizes.; and

WHEREAS, According to Long-Term Occupational Projections, State of Hawai‘i, 2018-2028 study, architectural positions in Hawaii are forecasted to increase from 990 to 1,030, or 4% while demand at the national level has risen over 10% since 2008; and

WHEREAS, the MArch is distinct from the DArch in that the MArch degree focuses on advanced architectural practice and its application and will provide graduates that serve the community by their designing and building sustainable and humane environments, improving the quality of life for the people of Hawai‘i and beyond; and

WHEREAS, the certificate has been reviewed and endorsed by the dean and faculty of the School of Architecture, the Provost’s Office, the Office of Graduate Education, and the Graduate Council; therefore,

BE IT RESOLVED, that the Mānoa Faculty Senate approves the proposal to grant provisional status to the Master of Architecture degree in the School of Architecture.

Supporting document:

ARCH-MArch Request for Provisional Status of Master of Architecture

Presented to the Mānoa Faculty Senate by the Committee on Academic Policy and Planning (CAPP) for a vote of the full Senate on November 17, 2021, a resolution supporting the proposal for a Bachelor of Arts in Marine Biology. Approved by the Mānoa Faculty Senate on November 17, 2021 with 46 votes (95.83%) in support; 2 votes (4.17%) opposed; and 0 abstentions.

          RESOLUTION SUPPORTING THE PROPOSAL FOR A BACHELOR OF ARTS IN MARINE BIOLOGY

WHEREAS, the School of Life Sciences currently offers Bachelor of Arts (BA) degrees in Biology, Botany, and Microbiology, as well as Bachelor of Science (BS) degrees in Biology, Botany, Marine Biology, Microbiology, and Molecular Cell Biology; and

WHEREAS, surveys of both students and recent graduates in Marine Biology indicate demand for a degree in Marine Biology with more flexibility than offered by the BS in Marine Biology; and

WHEREAS, this proposed program would retain core elements of the BS in Marine Biology while supporting students in deepening their knowledge of complementary subjects, which may lead to careers and contributions to society that do not require graduate study in Marine Biology; and

WHEREAS, this proposed program would complement the existing BA in Interdisciplinary Studies: Social Sciences of Oceans, by ensuring its graduates are more grounded in Biology and Chemistry; and

WHEREAS, this proposed program would complement the existing BA and BS programs in Marine Sciences at the University of Hawai`i at Hilo, which have greater focus on Oceanography and less emphasis on Marine Biology than the proposed program; and

WHEREAS, this proposed program will be assessed by the existing assessment committee of the School of Life Sciences in consultation with the existing Marine Biology steering committee; and

WHEREAS, no additional resources are needed for this program; therefore,

BE IT RESOLVED, that the Mānoa Faculty Senate recommends approval of the proposal to establish a Bachelor of Arts degree in Marine Biology in the School of Life Sciences at the University of Hawai’i at Mānoa.

Supporting documents:
Proposal for New Academic Program: Bachelor of Arts in Marine Biology
CAPP Letter Regarding Undergraduate BA in Marine Biology dated April 28, 2021
CAPP Letter regarding Marine Biology Proposal September 23, 2021

CAPP Letter Response re Marine Biology Proposal October 1, 2021

Presented to the Mānoa Faculty Senate by the Committee on Academic Policy and Planning (CAPP) for a vote of the full Senate on November 17, 2021, a resolution supporting the proposal for a Bachelor of Education in Special Education.  Approved by the Mānoa Faculty Senate on November 17, 2021 with 43 votes (95.56%) in support; 2 votes (4.44%) opposed; and 0 abstentions.

RESOLUTION SUPPORTING THE PROPOSAL FOR A BACHELOR OF EDUCATION IN SPECIAL EDUCATION: 

(a) Mild/Moderate  Disabilities – Secondary Education, and (b) Severe Disabilities/Autism – PreK – 12:

WHEREAS, the College of Education currently offers Bachelor’s of Education Special Education focused degree tracks at the Elementary Undergraduate level; and

WHEREAS, licensure for the areas of Mild/Moderate Disabilities – Secondary Education and Severe Disabilities/Autism – PreK-12 is currently offered only at the Post Baccalaureate or MEd levels in the UHM College of Education; and

WHEREAS, the BEd in Special Education is a priority for the UHM Department of Special Education  because this will fill a gap in avenues for teacher licensure by creating an undergraduate option for the areas of Mild/Moderate Disabilities – Secondary Education and Severe Disabilities/Autism – PreK-12; and

WHEREAS, the U.S. and Hawai’i have experienced a shortage of licensed special education teachers for decades; and

WHEREAS, most program graduates will seek employment with the Hawai‘i Department of Education (or be placed as part of a pay back tuition program), and may also seek employment elsewhere due to the nationwide shortage of licensed special education teachers ; and

WHEREAS, the UH System does not currently offer a teacher-licensure program at the Bachelor’s degree level in these two specialty areas; and

WHEREAS, it is requested that a New Academic Program: BEd in Special Education with two tracks leading to teacher licensure: (a) Mild/Moderate  Disabilities – Secondary Education, and (b) Severe Disabilities/Autism – PreK – 12 be established; and

WHEREAS, the UHM College of Education Department of Special Education and Office of Student Academic Services will work with the community colleges to modify existing Memorandum of Agreements  to articulate with the BEd in Special Education; and

WHEREAS, this proposed program will be assessed by the existing assessment committee of the UHM College of Education; and

WHEREAS, the UHM College of Education will leverage existing resources, thus requiring minimal additional resources to be needed for this program; therefore,

BE IT RESOLVED, that the Mānoa Faculty Senate recommends approval of the proposal to establish a new academic program: BEd in Special Education with two tracks leading to teacher licensure: (a) Mild/Moderate  Disabilities – Secondary Education, and (b) Severe Disabilities/Autism – PreK – 12 at the University of Hawai’i at Mānoa.

• Supporting documents:

           Proposal for New Academic Program: Bachelor’s of Education (BEd) in Special Education

           Response to CAPP on the BEd in SPED New Degree Proposal dated October 11, 2001

Presented to the Mānoa Faculty Senate by the Committee on Administration and Budget (CAB); the Committee on Policy and Planning (CAPP) and the Committee on Professional Matters (CPM) for a vote of the full Senate on October 20, 2021, a resolution requesting that the Board of Regents reject the Report of the Permitted Interaction Group on Tenure and its recommendations for changes to RP 9.201, 9.202, and 9.213.  Approved by the Mānoa Faculty Senate with 50 votes (100.00%) in support; 0 votes (0.00%) opposed and 1 abstention. 

RESOLUTION REQUESTING THAT THE BOARD OF REGENTS REJECT THE REPORT OF THE PERMITTED INTERACTION GROUP ON TENURE AND THE PROPOSED RESOLUTION 21-06 AND THE RECOMMENDED REVISIONS TO REGENTS POLICIES 9.201, 9.202, and 9.213. 

WHEREAS, the UH Board of Regents (BOR) on February 18, 2021 approved the appointment of a “Permitted Interaction Group to Investigate Issues and Make Findings and Recommendations to the Board Related to Tenure,” with the purpose and scope “to review and investigate the issue of tenure in areas including the history and purpose of tenure at IHEs, particularly regarding the University of Hawaii (UH); the evolution of, and current views and developments on, tenure at institutions outside of UH; and the current process, criteria, and decision making on tenure at UH”; and

WHEREAS, the Permitted Interaction Group (PIG) on Tenure did not carry out that mandate, but instead decided to focus on “1. The University’s current tenure classification system; 2. Practices on periodic review; and 3. The alignment of tenure with the mission and priorities of the University” (Report of the PIG on Tenure, September 10, 2021, p. 2); and

WHEREAS, the BOR Chair noted that the Task Group “would include representatives of the major stakeholders concerned with tenure including faculty and administrators involved in research and tenure, a college dean, and UHPA”; but

WHEREAS, the PIG did not include any faculty members; and

WHEREAS, the Handbook of the Western Association of Schools and Colleges (WASC), by which UH Manoa is accredited, states that:

“The institution does not experience interference in substantive decision or education functions by governmental, religious, corporate, or other external bodies that have a relationship to the institution.” (WASC Handbook of Accreditation 2013, Criteria for Review 1.5); and

WHEREAS, the Tenure PIG acknowledged that, having been made aware of Hawaii Senate Resolution No. 166, S.D. 1 (2021), “which requested the establishment of a task group to examine and assess UH’s tenure system and the compensation structure of faculty engaged in activities supported by extramural funding and grants,” the PIG decided to address “issues relevant to S.R. No. 166,” thus violating WASC’s criterion on external influence; and

WHEREAS, the PIG recommended problematic “revisions to:

1. RP 9.201 to establish policy direction in conducting promotion and tenure to ensure that University priorities and mission are met.
2. RP 9.202 to simplify and reduce the number of faculty classifications.
3. RP 9.213 to clarify responsibilities and provide policy guidelines regarding the periodic review process”; and

WHEREAS, CAPP’s resolution presented at today’s Senate, opposing changes to RP 9.201, persuasively argues that tenure is awarded, and must continue to be awarded, based on the professional record of the faculty member being evaluated, and not strategic growth priorities of the university or the state; and

WHEREAS, CAB has submitted testimony to the BOR arguing many of the above points, as well as that the PIG failed to understand either UHM’s multifaceted mission or the variety and workload distribution of faculty classifications, and arguing that all faculty involved in teaching and research require tenure protection (CAB, Statement on UH BOR PIG Report on Tenure, Oct. 5, 2021); and

WHEREAS, the changes proposed to RP 9.213 would move the oversight of periodic review from academic peers to administration, contrary to Manoa Faculty Senate Resolution of 2014, which puts forth guiding principles on periodic review that remain valid; and

WHEREAS, the American Association of University Professors pointed out that:

“Tenure is a means to certain ends; specifically: (1) freedom of teaching and research and of extramural activities, and (2) a sufficient degree of economic security to make the      profession attractive to men and women of ability” (AAUP 1940 Statement of Principles on Academic Freedom and Tenure); and

WHEREAS, the US Supreme Court has identified academic freedom as a First Amendment right and declared that:

“Our nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned” (US Supreme Court in Keyishian v. Board of Regents, 385 US 589 (1967)); and

WHEREAS, the Report of the PIG and the evidence of external influence on the University and the Board of Regents threaten the WASC accreditation UH Manoa is currently undergoing;

THEREFORE, BE IT RESOLVED that the Manoa Faculty Senate requests that the Board of Regents reject the report of the Tenure PIG, and reject Resolution 21-06 supporting the findings and recommendations of the PIG, and reject the recommendations flowing from it.

Supporting documents:

CAB testimony on Tenure PIG
CPM/MFS 2014 Resolution on Periodic Review of Faculty

AAUP 1940 Statement of Principles on Academic Freedom and Tenure

Presented to the Mānoa Faculty Senate by the Committee on Academic Policy and Planning (CAPP), the Committee on Administration and Budget (CAB) and the Committee on Professional Matters (CPM) for a vote of the full Senate on October 20, 2021, a resolution opposing proposed changes to tenure outlined in the Board of Regents resolution 21-06 and attendant proposed changes to Regents Policy (RP) 9.201.  Approved unanimously by the Mānoa Faculty Senate on October 20, 2021 with 51 votes (100.00%) in support; 0 votes (0.00%) opposed and 0 abstentions.

RESOLUTION OPPOSING THE BOARD OF REGENTS RESOLUTION 21-06 “SUPPORTING THE FINDINGS AND RECOMMENDATIONS OF THE TENURE TASK GROUP AND REQUESTING THE UNIVERSITY OF HAWAI`I ADMINISTRATION TO FACILITATE THE IMPLEMENTATION OF BOARD POLICY REVISIONS” AND ATTENDANT CHANGES TO REGENTS POLICY 9.201

WHEREAS, at its regular meeting on February 18, 2021, the University of Hawaii Board of Regents (BOR) appointed a Permitted Interest Group (PIG) to “fully explore tenure, including its history and purpose, how tenure has evolved, current views of tenure from those outside the University of Hawai‘i system, and a review of current processes, criteria and decision-making on tenure”; and

WHEREAS, the BOR PIG to explore tenure issued a report recommending revisions to RP 9.201 “to establish policy direction in conducting promotion and tenure to ensure that University priorities and mission are met” (Report, Regents Materials for the 9/16/21 BOR meeting); and

WHEREAS, the Mānoa Faculty Senate has broad concerns with the PIG report, including proposed changes to RPs 9.202 and 9.213, this resolution is primarily concerned with the proposed changes to RP 9.201; and

WHEREAS, proposed changes to RP 9.201, Paragraph III, B., 2. (Attachment B, Regents Materials for the 9/16/21 BOR meeting) read as follows:

“Before recruitment for tenure-track positions occurs, and before award of tenure, the administration shall ensure that: (1) the position fulfills current enrollment requirements and strategic growth priorities for the university and the State; (2) there are no qualified faculty in other units that are available and that could meet the needs of the hiring unit; (3) the balance of tenure-track and other faculty is appropriate given enrollment, mission, and accreditation standards; and (4) the unit is successful and relevant in contributing to the institutional mission and goals.”; and

WHEREAS, the awarding of tenure has been historically based upon the assessment by the faculty of the professional record of the faculty member being considered for tenure and/or promotion, and not budgetary concerns; and

WHEREAS, the proposed changes to RP 9.201 would require administrative certification of the continuing programmatic need for the position, thus setting aside the quality of the faculty member’s record when being considered for tenure or promotion if the administration were to judge that there was no programmatic need for the position; and

WHEREAS, the proposed changes to RP 9.201 move control of curriculum from faculty in the disciplines to the administration; therefore

THEREFORE, BE IT RESOLVED that the Mānoa Faculty Senate asserts that decisions about tenure shall remain based upon assessment of the professional record of the faculty member being considered for tenure and/or promotion and any decisions regarding tenure by administrators including but not limited to deans, provost, and president will be based exclusively on the faculty member’s record as presented in the dossier, regardless of external budgetary needs; and

BE IT FURTHER RESOLVED that the Mānoa Faculty Senate sustains that the quality of a faculty member’s record as presented in the dossier shall be the primary consideration in determining qualification for tenure or promotion; and

BE IT FURTHER RESOLVED that the faculty retain control of the curriculum, which includes the sole right to assign specific teaching duties, and to evaluate the qualifications and experience of other faculty from their unit, or other units, for that purpose; and

BE IT FINALLY RESOLVED that the Mānoa Faculty Senate rejects the changes to RP 9.201 proposed by the BOR PIG.

Presented to the Mānoa Faculty Senate by the Committee on Administration & Budget (CAB) and the Committee on Academic Planning & Policy (CAPP) for a vote of the full Senate on September 15, 2021, a resolution of the UH Mānoa Faculty Senate on faculty governance of curriculum. Approved by the Mānoa Faculty Senate on September 15, 2021 with 49 votes (94.23%); 3 votes (5.77%) opposed and 1 abstention.

                        Resolution of the UH Mānoa Faculty Senate on Faculty Governance of Curriculum

WHEREAS, the Western Association of Schools and Colleges Senior College and University Commission (WASC WSCUC) WSCUC, in its 2013 Handbook of Accreditation (revised in 2015 and edited in 2018) specifies in its “criteria for review” Criterion 3.10: “The institution’s faculty exercises effective academic leadership and acts consistently to ensure that both academic quality and the institution’s educational purposes and character are sustained.” The guideline for demonstrating compliance with criterion 3.10 states: “The institution clearly defines the governance roles, rights, and responsibilities of all categories of full-time and part-time faculty.”

WHEREAS, the US Supreme Court has identified academic freedom as a right protected by the First Amendment. As the Supreme Court said in Keyishian v. Board of Regents, 385 US 589 (1967), “Our Nation is deeply committed to safeguarding academic freedom, which is of transcendent value to all of us and not merely to the teachers concerned. That freedom is therefore a special concern of the First Amendment, which does not tolerate laws that cast a pall of orthodoxy over the classroom.”; and

WHEREAS, the American Association of University Professors (AAUP), along with the American Council on Education (ACE) and the Association of Governing Boards of Universities and Colleges (AGB), in their 1968 “Statement on government of Colleges and Universities,” said: “When an educational goal has been established, it becomes the responsibility primarily of the faculty to determine the appropriate curriculum and procedures of student instruction.”; and

WHEREAS, the Mānoa Faculty Senate has “the responsibility to speak for the faculty on academic policy matters such as: (1) Determining the initiation, review, and evaluation of proposed, probationary, or authorized research, instructional, and academic programs.” (BOR Policy 1.21, B.3.b); and

WHEREAS, “The faculty has primary responsibility for such fundamental academic areas as curriculum content, subject matter, and methods of instruction and research.” (UH Mānoa Faculty Senate Charter Preamble); and

WHEREAS, the February 5, 2015 agreement between UHPA, the Faculty Senates, and Administration (UHPA/BOR Contract, section R-20, Part 1) specifies that: “The University will refer the following topics to Senates ….1) Initiation, review, and evaluation of proposed, probationary, or established research, instructional and academic programs.”; and

WHEREAS, the President of the University of Hawai‘i called for a Summer Institute at the System level to brainstorm on General Education, and

WHEREAS, the UH Mānoa Faculty Senate appreciates the President’s concern for General Education, and

WHEREAS, curriculum decisions for the University of Hawai`i are made by faculty at the campus level, therefore,

BE IT RESOLVED, that the UH Mānoa Faculty Senate reminds the President and the Administration that any results of the Summer Institute, insofar as they involve proposed changes to the Mānoa General Education curriculum and requirements, must come to the UH Mānoa Faculty and, specifically, the UH Mānoa Faculty Senate for discussion and consideration of approval.