UNIVERSITY OF HOUSTON FACULTY SENATE MINUTES – May 11, 2005    

 President Warner called the May 11 Faculty Senate meeting to order in the Farish Hall Kiva at 12:15 p.m.  

MEMBERS PRESENT:  [39]                                                                   
BUS:     W. Chin, S. Kadipasaoglu, R. Keller
CLASS:  B. Byrnes, S. Craig, W. Herendeen, N. Houston, G. Jowett, T. Karner, J. Kotarba, R. Lence, D. Mazella, J. Middents, D. Papell, F. Schiff, G. Trail
EDU:      J. Freiberg, S. McNeil, A. Warner
ENGR:   G. Paskusz, J. Richardson, D. Zimmerman
HRM:     K. Titz
LAW:    M. Duncan, S. Huber                 
LIB:       D. Camille, S. Ferimer
NSM:    T. Albright, D. Blecher, P. Copeland, J. Eichberg, D. Graur, G. Johnson, E. Leiss, D. Wells
OPT:     R. Manny
PHA:    C. Pedemonte
TECH:  K. Greenwood
GSSW: H. Karger                                                                                   
                                              
MEMBERS ABSENT:  [13]                                                                                                          :          
ARCH:   D. Kacmar
BUS:      J. Berkowitz                 
CLASS:  V. Brady, K. Brown, G. Jowett, R. Lence (w/Notice)
EDU:     M. Connell,                               
ENGR:   O. Ghazzaly, T. Helwig                          
LAW:     R. Schuwerk     
NSM:     A. Ignatiev, R. T. Lee (w/Notice)
OPT:     S. Quintero

MEMBERS RESIGNED:  [2]                                                                                                                   
CLASS:  J. Rushing
LIB:      M. Thomson 
                                
VISITORS:  
Jay Gogue (UHS Chancellor and UH President), Jerry Strickland (Interim UHS Senior Vice Chancellor and UH Senior Vice President for Academic Affairs/ Provost), John Rudley (UHS Vice Chancellor and UH Vice President for Administration & Finance), Art Vailas (UHS Vice Chancellor and UH Vice President for Research and Intellectual Property Management), Spencer Yantis (Interim UHS Vice Chancellor and UH VP for University Advancement), Dave Maggard (Director of Athletics), Elaine Charlson (UHS Executive Associate Vice Chancellor for Academic Affairs and UH Executive Associate Vice President for Academic and Faculty Affairs), Marco Mariotto (Dean of Graduate & Professional Studies), Ed Hugetz (UHS Assistant Vice Chancellor and UH Assistant Vice President for Planning & University Outreach), David Bell (UHS Assistant Vice Chancellor and UH Assistant Vice President for Academic and Faculty Affairs), Agnes DeFranco (Interim Assistant Vice President for Undergraduate Education), Maria Gonzalez (Associate Professor, ENGL), John Powell (Executive Speechwriter)

APPROVAL OF THE MINUTES:  The April 20, 2005 minutes were approved. 

             Pres. Warner announced the day’s refreshments were provided by the Senate Staff Associate, Mary Brantley.  This is her way to say thank you to the Senate because she is one of the winners of this year’s University Staff Excellence Award.

REPORT FROM AND DISCUSSION WITH THE UH SYSTEM CHANCELLOR AND UH PRESIDENT: Jay Gogue

            Dr. Gogue called the Senate’s attention to House Bill 1184 which has to do with core course textbooks and not being able to change the edition except every third year or so.  The Senate has provided the administration with a series of comments on this bill.  The administration is working Grover Campbell on it.  HB1184 came out of committee as a substitute bill this week, and Pres. Warner has a copy of it.  The administration will track this bill carefully.
            Dr. Gogue said the Senate Executive Committee brought a concern to him about increasing the Board of Regents’ awareness of issues, particularly faculty issues.  In response, Dr. Gogue said he has offered to allow the President of the Faculty Senate to make a short report at each of the Board meetings.  This would be the full Board meeting, not the committee meetings.  There are four Board meetings per year and at the end of the agenda, Dr. Gogue is called on to speak.  He will continue to do that and then call on the President of the Faculty Senate to also share comments.  Dr. Gogue said he has made that available and looks forward to see whether or not as a body the Senate wishes to use that opportunity. 
            Dr. Gogue said he has received a proposal that deals with faculty recognition and remembrance.  He added that he approved it at a meeting with the Executive Committee.  He asked that the faculty look at the proposal and make sure that it covers the things that they feel are important.
            Dr. Gogue asked for the Senate input and advice on two items of business that are in the early stages of discussion.  One has to do with campus safety.  When the Housing Task Force reported out a week ago to the Board of Regents, it emphasized through their comments that student have a very high concern for safety on this campus.  This is their perception.  The administration has heard these concerns for a year and a half.  Others here have heard it for longer than that.  Dr. Gogue said he has asked Dr. Rudley to engage an outside group to do a complete assessment of where UH is and make specific recommendations on things that can be done to change the perception of safety and the reality of safety on this campus.
            The other area that is just being discussed and for which he would invite Senate involvement is in commercial activities available to this campus, in particular places to eat, places to buy gasoline, places to get groceries, drugstores and those kinds of items.  Dr. Gogue warned that what he was about to suggest might be controversial.  He said most American universities count on the community to provide those things. The President suggested that UH look at some property it owns and think about how to use it to bring in commercial opportunities and services that students, faculty and staff might find appropriate.  Dr. Gogue said he has asked Dr. Rudley also to begin discussion on this idea.  He said he would like to see the Scott Street area developed with these kinds of operations.  The kids talk about Chili’s and Pappadeaux, Bennigans and bringing those type of things into the UH community.  There is demand.  It is just a matter of where to locate these kinds of facilities.  Dr. Gogue encouraged the faculty to be involved with that discussion.
            Dr. Gogue said he is completing his second year at UH.  He thanked the Senate for its wise counsel and judgment throughout the year.
             Dr. Gogue recognized Art Vailas and thanked him and the Research Council for working with the Senate to increase the GEAR funding.  He added that it had been increased rather significantly this year.  That was one of the things that the Senate had asked the administration to do. 
            Sen. Papell said it is hard to attract more services and to have more safety unless the University has more students living on campus.  It is hard to have more students living on campus unless the University has those services to attract the students.  He said UH has to start somewhere.  Sen. Papell encouraged the administration to start.  Dr. Gogue replied that his top priority is safety.  After that come housing and commercial services.  One of the problems is location.  The students would chose the area near the Wellness Center.  They feel safe in that area.  But if the University attracts four or five very nice commercial ventures and puts them in that area, will other people then drive across the campus to go to those locations to receive those services.  Dr. Gogue said he was not sure that UH would accomplish what it wanted if these services are put in an isolated location.  Student safety is a very high priority. 
            Sen. Schiff said when this body originally discussed the plans for the parking garage it was going to be on Scott Street and it was going to contain a grocery market.   He added that he thought that was a terrific idea because it served both the community and the university.  What the status of that garage?   Sen. Schiff said he has seen what looks like a parking garage going up next to the Wellness Center, so he supposes that plan got cancelled.  The original idea seemed like a perfect merging of the community and university interest.  It also would have served TSU.  This idea of using university land for a strip of commercial uses locks UH into long term contracts that it might not like, whereas that was going to facilitate services.
            Dr. Gogue said the top priority for a parking garage was clearly on Scott Street.  The design did have retail as a part of the lower floor of that parking garage.  A drugstore and grocery stores were some of the services discussed.  They talked about a restaurant being located in part of it.  Most of the campus supported that particular model.  That plan was put on hold because, at that time, the light rail was scheduled to go down Scott Street which created a concern that the businesses would have four years of disruption during the creation of light rail.  In the long run, light rail would do marvelous things for Scott Street but it did create some contention.  That particular proposal was not supported by federal money, ranking around 850 out of this country’s rail areas.  Metro has indicated to the administration that they don’t expect the light rail to go down Scott Street now, but a line may come down Wheeler or Blodgett.  The decision to build the parking garage in its current location by the Hilton College was made out of concern for the disruption on Scott Street.  To date the administration has accomplished two things regarding the parking issue.  Step one was to identify land or space on this campus where UH could create flat service parking.  1,000 flat parking spots were created in the last year.  The cost of those spaces is outrageous, ranging from $1,800 to $4,000 just to level, stripe, and put in that kind of parking.   The second phase was the parking garage which is scheduled to open in January 2006.  There will be a third and fourth stage.  Wheeler Street or Scott Street is still a very high priority.  The administration is also looking at the data that shows the area around the Business School and the Law Center is also a very high priority for parking.  The other area that is being discussed is off Cullen around the Moores Opera House.  Dr. Gogue said the vision was to try to unite all these communities.  In the discussion of commercial development, the administration’s preference is clearly to put it on Scott Street. 
            Sen. Schiff asked so the original plan is still on the drawing board?  Dr. Gogue said it very much is.  If UH knew exactly what Metro was going to do, it would make life much easier.  There has been discussion about Cullen and a short section on Scott Street and they continue to wobble.  Scott would be a good location.  The Wheeler Street option has been strongly opposed by TSU which has closed Wheeler through the middle of their campus.  The reason the original Scott Street plan did not work is it will not generate enough ridership because it comes through a large, light industrial area.  Metro needs a number of riders to make Light Rail economically feasible to get federal money. It would intersect with the main line very close to the Texas Medical Center.  So far transportation to that portion of the community would be fairly easy.  It would continue on to Greenspoint and then on over to the Galleria shopping center.  The Light Rail would be a positive for this campus to have access to either of these areas.
            Pres. Warner said Jerry Paskusz has announced that he is retiring this summer.  Dr. Paskusz was first elected to the UH Faculty Senate in 1964, but he has not been a continuing Senator during that time.  Along the way he has had a wonderful career in the Cullen College of Engineering.  He has served in a variety of capacities including Associate Dean in the Cullen College of Engineering.  He has also done one of the finer things for this University.  When this campus was predominately Caucasian, Dr. Paskusz went out hunting for money to recruit minority students into Engineering.  He continued that for decades.  He will truly be missed.  Pres. Warner said the Senate has learned that Dr. Paskusz is something of an aficionado of wines, so as a farewell gift the Senate presents Dr. Paskusz with a few collector’s bottles of Windsor Vineyards that are personalized. 

REPORT FROM AND DISCUSSION WITH THE UH SYSTEM INTERIM SENIOR VICE CHANCELLOR AND UNIVERSITY OF HOUSTON INTERIM SENIOR VICE PRESIDENT FOR ACADEMIC AFFAIRS/PROVOST:  Jerald Strickland

            Dr. Strickland reported on: (1) Search for Vice Chancellor/Vice President for University Advancement.  Dr. Strickland said two new candidates were interviewed last week following telephone interviews held a couple of weeks ago.  The search committee will meet later today to review comments from the people who met with the candidates.  (2) Transition for the new Provost. Dr. Strickland said early in May Dr. Foss spent three days with the transition team of Elaine Charlson, Ed Hugetz, Craig Ness and himself.  A few weeks before that Dr. Foss met with Jerry Freiberg about FS-CoUG.  On Monday Dr. Foss met with President and President-elect of Faculty Senate along with all Vice Chancellors and Vice Presidents.  He also attended the President’s Cabinet meeting.  It will be three or four weeks before he gets back to UH again.  (3) Faculty Awards Reception.  Dr. Strickland said UH recently held the Faculty Awards reception. Dr. Strickland congratulated Martin Melosi, Professor of History, who received the Farfel Award.  (4) Comprehensive Campaign.   Dr. Strickland said the colleges, the departments and the faculty were solicited last fall for campaign ideas for the comprehensive fundraising campaign.  Over 100 different objectives were proposed from this particular campus.  Those objectives were sorted and reduced to some 60 objectives by the Advancement Council, which is made up of two members from the Senate (Sen. Keller and Sen. Greenwood), Dean Flumerfelt, Dean Estess, Dean Antel, Spencer Yantis, and Dr. Strickland. The Advancement Council looked at university priorities and prepared a draft for the Chancellor, who made presentations to the Board of Regents at their recent retreat.  The Regents also heard from professional fund raisers and from UH’s consultants.  At that time the full system-wide request was a little over $1 billion.  For this campus, it was $863 million.  At the end of that retreat it was clear that the priorities need more review.  The highest priorities for this campus were identified in five areas:  (a) energy and environment, (b) health sciences and health science center, (c) undergraduate excellence, (d) the arts and (e) professional and graduate studies excellence.  Programs that fit under those areas were identified and are part of the matrices that were presented to the Regents.  The proposals add up to $863 million.  The Council was given the challenge to reduce the priorities to about $550 million for this particular campus.  No project was taken off the table, they were just prioritized.  In the next 30 days the Council will have a response to the President, then Grenzebach will finish preparing that case statement which will be taken to the UHS’ external constituents for testing.  In October/November the consultants will come back and identify the priorities and how they need to be addressed in the campaign. 
            Dr. Strickland said ”it has been a pleasure serving you and I appreciate it.”

            Pres. Warner said that during the Spring Faculty Assembly Dr. Gogue mentioned that one of the best decisions he has made at UH was taking the advice of the Senate Executive Committee almost two years ago on who might serve in the role of Interim Senior Vice Chancellor for Academic Affairs and Senior Vice President for Academic Affairs and Provost of the University of Houston.  The Executive Committee’s top recommendation was Dr. Jerry Strickland.   Pres. Warner then presented a crystal trophy with the UH logo to Dr. Strickland on behalf of the Senate.  He read the inscription: 

Dr. Warner added that the omission of “Interim” from the inscription was intentional.  He explained that Dr. Strickland hasn’t acted like an Interim.  He added jokingly, and there wasn’t room on the award 

BUDGET & FACILITIES COMMITTEE, CHAIR – Karl Titz

            The Budget and Facilities committee met on April 27.  The College Budget Hearing Subcommittee reported on their experience with the hearing process.  Budget information was presented in a top line format without the underlying detail.  This format made it challenging to understand the context within which a college operates.  In response, next fall, the Budget and Facilities Committee will begin examining faculty and administrative expenses over the previous five-year period.  Developing this understanding will aid the University Budgetary Officers in future planning.  The committee had an energetic discussion about control, influence and its role. 

COMMITTEE ON COMMITTEES, CHAIR – Jerome Freiberg

            The Committee completed its work of filling vacancies on the University standing committees for the next academic year.  Letters of notification will be sent to the faculty soon. 
            The COC also discussed a request from the Information Technology & Computing Committee for clarification of its mission and charge.  A letter has been sent to the Chair of the ITCC outlining the COC’s initial recommendations. 
            The Committee is in the process of collecting the annual reports from all University standing committees.  This process is part of the Committees Procedures under Shared Governance in the 2004 Faculty Handbook, page 12.

EDUCATIONAL POLICIES AND STUDENT AFFAIRS REPORT, CHAIR – Dan Wells

            EPSAC met on May 4.In attendance were Dan Wells, Natalie Houston, Jerry Paskusz, Robert Schuwerk, George Trail, David Zimmerman.  Absent were Thomas Albright, Jeremy Berkowitz, Kenneth Brown, Michael Connell, and Ross Lence.  Several items were discussed, including HB1184, textbook related laws in other states, FS-CoUG, and problems with freshman orientations.   With regard to HB1184 (that exerts limited state control over the selection of textbooks for the core curriculum) a resolution was passed to strongly object to the bill and to encourage University officials to oppose its passage.  In addition the decision was made that EPSAC as a group should recommend that FS-CoUG include in their task force report a mechanism that will clearly delineate between the duties and responsibilities of EPSAC and the Undergraduate Council, and will more formally establish clear channels of open communication between these two groups.
            Pres. Warner said he had heard from Grover Campbell yesterday that HB1184 had been reported out of committee.
            Sen. Huber stated that State employees never lobby about anything.  Pres. Warner agreed, but added that it is not illegal for State employees to provide information.  Nor is it illegal for people to own their own time and personal stationary to write to their representatives about issues.  He encouraged everyone to do that.

FACULTY AFFAIRS COMMITTEE REPORT, CHAIR – Katy Greenwood

            The FAC met on May 2.  In attendance were Katy Greenwood, David Blecher, Valentini Brady, Brian Byrnes, David Mazella, David Papell and Faculty Senate President Allen Warner.  The committee began deliberating wording on parts of the University Intellectual Property policy regarding what situations trigger the sharing of royalties between a faculty member and the university.  The position of the committee is essentially “unless there is a prior written contract between a faculty member and the university, all creative endeavors belong exclusive to the faculty member.”  This wording pertains to all endeavors not covered under patents.
            The committee has no action items at this time.  It will continue reviewing the Intellectual Property in the fall.
            Sen. Greenwood said a revision will be sent out as an attachment because the words “University Intellectual Property” should read “Section 21.08.4, Copyright and Works of Authorship.”  The FAC received two requests: one was from Paul Janicke, a member of the Intellectual Property Committee, who was attempting to revise the Section 21.08.4, Copyright and Works of Authorship, which is part the Board of Regents policies.  The current language is pretty convoluted.  Sen. Greenwood encouraged everyone to read it, adding that the Senate Office would send a copy by e-mail.  Paul Janicke tried to change the section quite a bit.  The FAC couldn’t agree on all points of his revision, so it concluded: “unless there is a prior written contract between a faculty member and the university, all creative endeavors belong exclusive to the faculty member.”   There are a lot of examples in the current Regent policy, so please read that document. 
            The FAC was asked by Donald Fox to review the procedures governing resolution of copyright or equity disputes pursuant to Board of Regent Policy 21.08.4J and to reply in five days.  The Committee couldn’t meet that deadline.  Instead the FAC noted that it received the document, looked at and forwarded it without objections to the Executive Committee of the Senate. 
            Pres. Warner said the committee saw no objections to the procedures, but there are some large questions about the policy itself.  That is what he will communicate to Dr. Fox immediately following this meeting.

SCHOLARSHIP AND COMMUNITY COMMITTEE REPORT, CHAIR – Joseph Kotarba

            The SCC met on May 6, 2005.  The following members were in attendance:  Joe Kotarba, Wynne Chin, Suzanne Ferimer, Dan Graur, Ruth Manny, Sara McNeil, J.T. Richardson, and Fred Schiff.  Faculty Senate President Al Warner met with the Committee to discuss the following items:

• The Scholarship and Community Conference  The conference will be held in the Fall [November 4, 2005].  Dr. Warner noted that the key theme is the relationship between faculty and private philanthropy, but that other topics related to University Advancement will be discussed.  The Committee recommended sessions and panels related to the following issues:  enhancing faculty buy-in for advancement; faculty success stories with donors; Houston-area foundations; and mobilizing alumni as donors.  The Committee will work with Dr. Warner on the logistics of the conference.      

• Faculty Recognition  The Committee presented its proposal for a faculty recognition dinner to Dr. Gogue.  The Office of Special Events will organize the first dinner scheduled for September 2005 at an off-campus venue.  Faculty who are marking their 20, 25, and 30 years of service will be honored.  Faculty with more than 30 years of service will be grandparented in for the first annual dinner.  The Committee will work with the Office of Special Events to coordinate this event.

Future agenda items include:

• Meeting with vendors to design a university medal to be presented to distinguished guests, lecturers, and supporters (at the request of Dr. Strickland).

             Sen. Kotarba said in regard to the award to Sen. Paskusz for past service on the Senate, he wanted to acknowledge a member of the SCC committee, Wynne Chin, who made the arrangements for the gift.  Sen. Kotarba thanked Sen. Chin for his efforts.

New Business:

            Pres. Warner said the next Senate meeting is officially scheduled for August 31, but the new Provost will be coming on board mid-summer.  As there may be a need to meet, he has asked the staff to survey Senators about their availability during the summer.
            Pres. Warner urged Senators to pay attention to the legislative session which officially ends May 30.  After that date, the Governor has 30 days to sign or veto legislation.  He added that it may be July or August before the University will know what it’s budget will be for the next biennium.  He reminded Senators, as private citizens – not state employees, to talk with their representatives.  There is a link from the Senate Web page to the Legislative Update. The legislature does have an impact on University operations. 
            Sen. Huber said fortunately in Law Schools and probably in other graduate schools, the student population isn’t large enough to justify redoing the textbooks every two to three years.  Sen. Huber said he has done some undergraduate teaching and it is insane to require new economics textbooks or new business law textbooks every two to three years.  There is no need for it.  To the extent there are modern developments, faculty can use the internet to update material.  Anyone can set up a Web page with the names of all their students on it, then send whatever is necessary to bring students up to date.  It is not something this body can do but the cost of textbooks are a serious expense to students.  They should be able to get used books.  Requiring new texts each year is a scam.
            Sen. Wells agreed, saying HB1184 doesn’t address the issue of one-time use (custom) books.  Instead they are seeking to stop core textbook from changing (more frequently than every three to four years) because they seem to think that faculty reassign new books every two years for some personal benefit.  This is not just the case.  Faculty don’t want to change the books all the time.  It is the publishers who keep changing the editions every couple of years.  The sense of the bill is to blame faculty for something that is really the publishers’ responsibility.  Publishers changing the editions every few years is the primary reason textbook prices keep going up.
            Sen. Karger said that he didn’t think Senators understand the economics of textbooks.  He added that he was a consulting editor for about ten years.  What is driving up textbook prices is the used textbook market.    A publisher invests thousands of dollars, in the case of undergraduate books it is close to a million dollars, and then by year two or year three, the secondary textbook market -- for which neither the publisher nor the author makes a penny – takes over.  The students reselling their textbooks get pennies on the dollar and the Bookstores sell the used texts for about 30% less than a new text.  It is a complete rip-off.  In order to keep the revenue flow, the publishers have to come up with new editions. Sen. Karger said he is not defending the publisher and he is not defending the prices, but there are economics involved in this situation. Publishers have to recoup their investment and it is much cheaper to come out with a second or third edition than to start from scratch.
            Sen. Huber said he understands exactly what the economics are.  He added that the Senator stated them admirably. That is why the publisher’s way is good for the publisher, but it isn’t good for faculty and students.  It is certainly true that faculty are not pushing new editions.
            Pres. Warner said one of the major elements within the objections to HB 1184 is that it appears the legislature is blaming the wrong party.  Faculty are trying to keep the cost of textbooks down but, if in fact things change every year or change every two years, then every edition has limited copies which dries up the used textbook market and that creates a problem as well.  It is a complex problem of which faculty should be aware. 
            Sen. Johnson said the Math Department this Fall is going to allow students to lease the textbook for $20. 

 
The meeting adjourned at 1:10 p.m.