March 11, 2005 Senate Minutes

RUTGERS, THE STATE UNIVERSITY OF NEW JERSEY
UNIVERSITY SENATE MINUTES

Regular Meeting of the University Senate

DATE: March 11, 2005

TIME AND PLACE: 1:10 p.m., Multipurpose Room, Rutgers Student Center, 126 College Avenue, College Avenue Campus

MEMBERS PRESENT: Abaskharon, Apfel, Atmeh, Banerjee, Barone, Bell, Blasi, Blimling, Bodnar, Boikess, Borisovets, Bravo, Brazier, Cannon, Cerulo, Chabal, Chen, Colaizzi, Colin, A. Cooper, K. Cooper, Cotter, Curry, Curtis, Davidson, DeLisi, E. Dennis, Deutsch, Dholandas, DiVito, Dutta, N. Ellis, Ezgilioglu, Farrell, Fishbein, Forero, Friedrich, Furmanski, Gigliotti, Gillett, Gould, Greenhut, Guo, Hanna, Herbst, Hirsh, Hmelo-Silver, Hoekzema, Hornichter, Huang, Jessen, Kavanagh, Kirschner, , Krenos, LaSala, Lashley, Leath, Lee, Liepmann, Maher, Markowitz, McCabe, McCormick, McKay, Melwani, Messer, Miller, Norville, Obayashi, O’Connell, O’Connor, Odutola, Ogwu, Oren, Pangilinan, Phillips, Potenza, Puniello, Rabii, Samuel Rabinowitz, Sidney Rabinowitz, Raykar, Reed, Schaich, Schorr, Scott, Sherman, P. Simmons, R. Simmons, H. Smith, Spero, Tuckman, Turner, Turvey, Wang, Winterbauer, Woolley

EXCUSED: Axelrod, Bellany, Caprio, Cronk, Darien, Dellane, Dess, Diner, C. Ellis, Evans, Fahim, Feinberg, Gaunt, Goldin, Hall, Hallmark, Hodgson, Hughes, V. Johnson, R. Jones, Kagan, Kirby, Klein, Laguna-Diaz, Mangin, Markert, Marsh, Panayotatos, Rabiner, Rubin, Schock, Sifuentes-Jauregui, N. Smith, Szatrowski, Tittler, Turpin, Venuto, Vodak, Volk, Whang, Zaborszky

ABSENT: Ambar, Baro, Bay, Bilodeau, Boylan, Breton, Butler, Chambers, Chernin, Chism, R. Dennis, Desposito, Diamond, Donsky, Dupersoy, Ezendokwere, Farney, Ferguson, Holmes, Hoover, Hyndman, Jackson, Jesse, , W. Johnson, J. Jones, Kauffman, Kennedy, Kokini, Kressel, Krucher, Lake, Leontiades, Leustek, Manhoff, McKeever, Merandy, More, Nerurkar, Ocone, Ogwu, Perlman, Philips, Rowan, Shahrokh, Simon, Solomon, Spellmeyer, Spierer, Stark, Stauffer, Tinglin, Tsurumi, Worrall, Zolad

ATTENDANCE SUMMARY: Faculty: Of 93 total: 46 present (49%), 22 excused (24%), 25 absent (27%); Students: Of 56 total: 28 present (50%),
9 excused (16%), 19 absent (34%); Administrators: Of 37 total: 20 present (54%), 9 excused (19%), 8 absent (27%); Alumni: Of 6 total: 3 present (50%),
1 excused (17%), 2 absent (33%)
View Senate attendance record for this year.

NON-VOTING MEMBER PRESENT: Innerfield

NON-VOTING MEMBER EXCUSED: Seto

PRESIDING OFFICER: Martha Cotter, Chairperson

CHAIRPERSON’S REPORT: Chairperson Cotter called the meeting to order at 1:27 p.m. Her chairperson’s report included the following:

Planned format for April 22, 2005 Senate meetings: Noting that the April 22, 2005 Senate agenda is expected to include many action items from standing committees, Chairperson Cotter explained the planned format for the April Senate meetings. Beginning at 10:00 or 10:30 a.m. on April 22, the 2005-2006 University Senate will convene to conduct the election of Senate leadership and board representative positions. Neither Senate standing committees nor Senate caucuses will meet on that day. Instead, following the election, ballots will be collected, and the 2005-2006 Senate will adjourn. Immediately thereafter, the 2004-2005 Senate will convene for the last time, and will undertake its agenda until noon, at which time it will recess for lunch, which will be provided at the meeting site, courtesy of President McCormick. At 1:10 p.m., the 2004-2005 Senate will reconvene to complete the items docketed on its agenda. Chairperson Cotter noted that the day’s activities will take no longer than usual for those Senators who attend Senate committee meetings and caucuses.
Memorial Tribute for Professor and former Senator Richard Lockwood: Chairperson Cotter announced that Professor Richard Lockwood, chair of the French Department in New Brunswick, and a former University Senator, had died. Privilege of the floor was given to Senator and Professor Leslie Fishbein, of the American Studies Department, a close colleague of Professor Lockwood. Senator Fishbein then made a memorial statement in tribute to Professor Lockwood. Senator Holly Smith noted that a memorial service will be held on Monday, March 21, 2005 at 5:00 p.m. at Kirkpatrick Chapel. A moment of silence followed.

REPORT OF THE SECRETARY:

Agenda: The agenda was approved as distributed by the Secretary.
Minutes: On motion and duly seconded, the Minutes of the February 18, 2005 Senate meeting were approved as distributed by the Secretary.
Communications: Secretary Swalagin directed the Senate to online instructions for submitting nominations for the April 22, 2005 election of Senate leadership and board representatives. He asked that nominations be sent to him by March 25, 2005.

ADMINISTRATIVE REPORT: President McCormick’s administrative report focused on the following two areas:

Rutgers and the New Jersey State Budget: Governor Codey’s budget announcement included both good and bad news for Rutgers. Although the budget calls for level funding for Rutgers for next year, the salary program is to be less well funded than had been hoped, in that only one-fourth of salary increases will be funded by the state, leaving Rutgers responsible for the other three-fourths (approximately $15 million). President McCormick thanked those who rallied at the State House the previous Monday, including Senator Brigid Farrell, who led Rutgers’ students at the rally. Rutgers’ efforts to secure additional state funding will continue.
Plans for Transforming the College Avenue Campus: Utilizing a PowerPoint presentation, President McCormick summarized the early stages of plans to transform the College Avenue Campus into one without vehicular traffic, and which will be “comparable to the most-attractive research university campuses.” He noted that the plans are in a very preliminary phase, but added that the project could begin within the next couple of years if consensus is reached on the vision and plans. President McCormick will also make similar presentations to New Brunswick student governing associations, and to the New Brunswick Faculty Council.

A question-and-answer period followed, which included questions and comments on:

the importance of placing a transportation hub near the New Brunswick train station;
the need for priority-setting and fundraising relative to the vision for the College Avenue Campus, as well as the existing needs for deferred maintenance of other aspects of Rutgers’ physical plant;
a confirmed commitment to expansion of the Livingston College Student Center, as well as ongoing consideration of a multi-purpose “College Town” adjacent to the center;
a suggestion that Johnson & Johnson be approached for support of the College Avenue Campus transformation; and
the feasibility of a light-rail system to connect the New Brunswick campuses, which President McCormick said he has recently discussed with Martin Robins of the Alan M. Voorhees Transportation Center.

COMMITTEE REPORTS

• Instruction, Curricula and Advising Committee – Natalie Borisovets, Chair - Revised Report in Response to Charge S-0325, Possible Conflict of Interest in Assignment of Textbooks

Original Charge S-0325: Consider the issue of assignment of textbooks in courses taught by paid authors or reviewers of those textbooks. Make recommendations on whether policies should be established in this area, including return of royalties to textbook purchasers, price discounting, and the general appropriateness of the practice. Consult with University Counsel regarding legal aspects of the issue.

Senator Borisovets summarized the Instruction, Curricula and Advising Committee (ICAC) revised report on Charge S-0325, on Possible Conflict of Interest in Assignment of Textbooks. She said that an earlier version of the report had been on the Senate’s October 22, 2004 docket, at which time it was referred back to committee for revision. She added that the ICAC is also currently working on a more general charge on textbooks. On behalf of her committee, she made one change to the first recommendation, substituting the word “questionable” for the word “prohibited” at the end of Recommendation 1.b., so that the recommendation became: “The acceptance of a reviewing fee that is contingent upon the adoption of any specific textbook is both ethically and legally questionable.” She then summarized the changes from the first version of the report.

Senator Markowitz moved to separate Recommendations 1 and 2 so that they may be voted on individually. The motion was seconded, but Senator Borisovets accepted the motion as friendly.

The question was called on Recommendation 1. Recommendation 1 was adopted on card vote with none opposed, two abstentions, as follows:

1.   Faculty-Reviewed Textbooks
   a.   New Jersey conflict of interest statutes (NJSA 52:13D-14; NJSA 23(e)(6); NJSA 52:13D-23(3)(4)) prohibit a public employee from accepting any item of value (including monies) intended to influence that employee in the performance of their job.
   b.   The acceptance of a reviewing fee that is contingent upon the adoption of any specific textbook is both ethically and legally questionable.

On Recommendation 2, Senator Cooper moved to change, in 2.a., “such monies should be donated” to “such monies must be donated.” The motion was seconded, and was not accepted as friendly. Following considerable discussion, Senator Gillett called the question, and the call was seconded, and carried on card vote. The motion to change “should” to “must” was defeated with 32 in favor, 45 opposed. Senator Cooper then moved to refer the report back to committee for revision. The motion was seconded. There was a motion to vote on referring the report back to committee only after those standing to speak had been heard. That motion was seconded, and approved. After hearing from nine Senators, the motion to refer the report back to committee was defeated by a vote of 26 in favor, 47 opposed. Senator Oren called the question on the main motion to adopt Recommendation 2. The question was called with only one opposed to the call. On card vote, Recommendation 2 was adopted with only a few opposed, as follows:

2.   Faculty-Authored Textbooks
   a.   When Rutgers University faculty receive royalties on educational materials that they require in courses that they teach as part of the university curriculum, such monies should be donated to the University or other not-for-profit institution. For example, proceeds may be donated to the department, the library, a scholarship fund, or the University Foundation.
   b.   It is understood that the faculty member must estimate such receipts arising from sales to his/her classes due to the variety of sources from which a student may purchase texts, and that contribution of royalties does not apply to royalties generated through sales of educational materials unrelated to the course in which the author required them.

• Academic Standards, Regulations and Admissions Committee – Michelle Brazier and Craig Oren, Co-chairs - Response to Charge S-0326, Part 1, Modification of University Calendar for Academic Year 2009-2010.

Original Charge S-0326, Part 1: Consider and report on the default academic calendar for academic years 2005-06, 2009-10, and 2011-12, which call for August 31 start dates. [Note: Recommendations regarding 2005 and 2011 start dates were approved by the University Senate in March 2004

Senator Oren summarized the Academic Standards, Regulations and Admissions Committee (ASRAC) report on Charge S-0326, Part 1, on revising the academic calendar for 2009-10, which called for an August 31 start date. The table for the recommended changes to the calendar indicated several weekdays which did not correspond with the stated dates, so the correct days of the week were substituted as needed. The question was called on Senator Hirsh’s motion. With few opposed, the Senate adopted the ASRAC’s recommended changes to the 2009-10 academic calendar, as follows:

Fall Semester Begins:	Tuesday, September 1
Labor Day:	Monday, September 7 - No Classes
Change in Designation:	Monday schedule on Tuesday, September 8
Thanksgiving Recess:	Wednesday, November 25 through Sunday, November 29
Regular Classes End:	Friday, December 11
Reading Days:	Monday, December 14 and Tuesday, December 15
Final Examinations:	Wednesday, December 16 through Wednesday, December 23
Winter Recess Begins:	Thursday, December 24

• Academic Standards, Regulations and Admissions Committee – Michelle Brazier and Craig Oren, Co-chairs - Response to Charge S-0326,Part 2, Academic Calendar, Commencement Dates.

Original Charge S-0326, Part 2: Consider the administration’s request to adjust the university Academic Calendar to change commencement dates from Thursdays to Wednesdays

Senator Oren summarized the Academic Standards, Regulations and Admissions Committee (ASRAC) report on Charge S-0326, Part 2, on changing the Academic Calendar, Commencement Dates. There was no discussion on the issue. The following resolution was adopted by the Senate, with none opposed, one abstention:

Be It Resolved, for the reasons stated in this report, the Rutgers University Senate hereby moves all commencement ceremony dates in current academic calendars for all academic years from Thursday to the Wednesday of the same week.

OLD BUSINESS:

• Update on Use of Social Security Numbers as Student Identification Numbers – Michael McKay, Vice President for Information Technology, and Brian Rose, Associate Vice President for Student Affairs

This report was requested by the Senate Executive Committee as follow-up to the Senate’s October 2000 Report and Recommendations on Use of Social Security Numbers as Student Identification Numbers. Chairperson Cotter summarized the background of the issue as it was originally presented to, and by, the Senate. She then introduced Michael McKay, Vice President for Information Technology, and Brian Rose, Associate Vice President for Student Affairs. Mr. McKay addressed the Senate, noting that, after the Senate’s recommendations on this issue were received, a cost/benefit analysis was conducted that estimated the cost of changing from Social Security numbers as student identification numbers would be over $1 million, which was prohibitive. He said the university has been working on the problem since that time, and now believes it can be done much more cost-effectively. He also said that it would be known within the next 30 days whether it would be possible to make the change to comply with a legislated deadline of January 26, 2006, and that a committee, chaired by Brian Rose, has been formed to study the issue. Mr. Rose then took the lecturn, and commented on his committee’s activities, composition, and plans. Noting that he has been involved in this issue from the outset in October 2000, he said that he hopes to have an interim solution if full implementation of the change from Social Security numbers cannot be implemented by January 26, 2006.

Questions and comments from the Senate included:

How it will be possible to remove the encoded Social Security numbers from the back of all student identification cards by January. Mr. McKay said they are working on that problem.
If the change couldn’t also be made to eliminate use of Social Security numbers as identifiers for faculty and staff. Mr. McKay said ideally the changes for all groups would be made at the same time.

NEW BUSINESS: Senator DiVito asked that all votes be counted and recorded, noting that student Senators had voted unanimously as a group twice recently, and been defeated both times.

Senator Abaskharon asked that ASRAC consider moving Spring Break to the week leading up to Easter. Chairperson Cotter asked him to send his request to the Executive Committee through Secretary Swalagin.

Chairperson Cotter said that she would like students and faculty to work together toward more common ground and mutual trust.

EXECUTIVE COMMITTEE REPORT: Vice Chairperson Rabinowitz reported on the February 4, 2005 and February 25, 2005 Senate Executive Committee meetings. Executive Committee minutes are available on the Senate website.

REPORT OF THE REPRESENTATIVES TO BOARDS OF GOVERNORS AND TRUSTEES: There were no reports from board representatives.

REPORT OF CAMPUS FACULTY LIAISONS: Senator Miller, chair of the New Brunswick Faculty Council (NBFC), reported on recent and planned activities of the NBFC.

ADJOURNMENT: The meeting adjourned at 3:20 p.m.

Kenneth Swalagin
Executive Secretary of the University Senate