Executive Committee Meeting

Boulder Faculty Assembly

Minutes

March 15, 2004

Attending:

Barbara Bintliff, Chair

Stein Sture, Vice Chair

Greg Carey, Secretary

Mel Branch, BFA Faculty Affairs Committee Chair

Dipankar Chakravarti, Minority Affairs Committee Chair

Cathy Comstock, BFA AAP Committee Chair

Andy Cowell, BFA Academic Technology Committee Chair

Bob Hohlfelder, Budget and Planning Committee Chair

Jerry Peterson, At-Large Board Member

Mike Preston, BFA Intercollegiate Athletics Cmte Chair

Gail Ramsberger, Arts and Sciences Council Chair

Lori Seward, BFA Committee on Women Chair

Stephanie Martin, UGGS/UCSU Legislative Council

Regent Cindy Carlisle

Regent Chair Peter Steinhauer

Guest Speakers:

President Elizabeth Hoffman

Media:

Jefferson Dodge, Silver & Gold Record

Adam Ewing, Colorado Daily

Elizabeth Clark, Boulder Daily Camera

Not Attending:

Mark Dubin, BFA Libraries Committee Chair

David Guenther, BFA Administrative Services Committee Chair

Clayton Lewis, Faculty Compensation and Benefits Cmte Chair

Marguerite Moritz, BFA GLB Affairs Committee Chair

Tom Mayer, Communications Committee Chair

Uriel Nauenberg, former BFA Chair

Rodney Taylor, At-Large Board Member

Bill Waite, Academic Affairs Committee

Martin Walter, BFA Student Affairs Cmte Chair

Bill Kaempfer, Associate Provost and VC for Budget and Planning

A meeting of the Boulder Faculty Assembly Executive Committee was held on Monday,  March 15, 2004, in UMC rooms 415-417  Chair Barbara Bintliff presided.  The meeting convened at 3:30 p.m. and adjourned at 5:00 p.m.

A.                  Minutes

MOVED by Hohlfelder and seconded by Carey that the minutes of  March 1, 2004 be approved.  There being no corrections or comments the  minutes were approved as written. 

B.            Chair’s Report

The Chair called the meeting to order and welcomed Regents Carlisle and Steinhauer  to the meeting.   She began her Chair’s Report with a request from the Women’s Resource Center for a donation of one thousand dollars to defray costs of an annual dinner honoring all CU Boulder faculty and staff women who have retired in the last year.  Sture said the BFA can’t afford that kind of donation financially; Peterson said the campus was full of good causes but the BFA can’t possibly support them.  The Chair agreed, and will communicate regrets to the WRC and support for a successful dinner. 

Bintliff received a fax from Ron Stump, Vice Chancellor for Student Affairs, regarding recruitment of faculty to meet with delegates from the Institute of International Education.   The group will meet Wednesday, March 17.  Bintliff suggested Walter and Comstock from the BFA attend the function as the invitation was on short notice.  The group visiting CU is  interested in establishing residential campuses. 

The Chancellor has asked Elease Robbins and Ron Stump to review all programs and services related to the prevention of sexual harassment and violence against women.  Bintliff recommended Joanne Belknap as a representative of the BFA. 

The Chair has received numerous communications between a variety of faculty senate groups and chairs of four-year colleges in Colorado.   One group, the Colorado Faculty Coalition, wanted to convey faculty opinion to the state legislature write about higher education funding. Bintiff distributed a draft of the letter proposed and reworked since March 1.  She suggested the BFA remain in the communication loop rather than sign the BFA name to the letter.   Cowell pointed out that the letter did not ask for any support of a particular bill, Bintliff said the letter was originally hostile in tone and was concerned about the messages it conveyed, and Carey agreed that one voice could destroy months of hard work.  The Chair asked to whom the BFA should be directing our attention.  Peterson said that if the BFA wants to write a letter it should do so in its own voice.  Bintliff asked if  everyone would be comfortable if she responded to the group with appreciation for their efforts to draft a reasonable communication  but the BFA prefers to correspond via letters to the editor.  

This same group wants every campus to hold a forum on financing and Bintliff suggested Budget & Planning would like to consider this as a campus forum.

The third suggestion from the faculty senate group was that we sponsor a forum on academic freedom.  Peterson said that every classroom was a forum  and alternatively suggested the topic, “What Is the Future of the University of Colorado at Boulder?”  Cowell asked if the BFA had plans to do something in response to ABOR which was now before the legislature.  Bintliff replied that the BFA had passed a brief resolution (BFA-R-0304) and that Mark Malone had been  asked to testify.  Although faculty were not able to  testify,  Malone’s remarks were submitted to the legislative committee in writing.  Bintliff asked if we could think about the idea of a forum in the fall when there would be more certainty about funding mechanisms, and Peterson agreed that it would be a great introduction to the semester.   Bintliff asked Peterson to consider organizing such a forum.

Fourth in the list of items from the faculty senate group was a request to resurrect CUFLA (Colorado University Faculty Leaders Association), which was once active in the 1980’s.  The question is whether the BFA wishes to be active in CUFLA.  Preston said that we don’t want to be perceived as aloof by other faculty in the state.   Sture said we could politely tell them we can listen but can’t actively participate.  Cowell reminded everyone that so far all suggestions had been negated and the BFA needs to do something positive; he didn’t think it is the wisest thing to do nothing.  Does the BFA have alternatives to offer?  What positive statement could we make about the BFA’s values to the state?  Hohlfelder offered that we hear we are “standoffish” and there must be things of common interest we could find with this group. 

Carey shared Cowell’s concern and added that we do need a concrete plan to do something rather than criticize plans that are on the table.   Peterson said that the BFA should participate in CUFLA.  The Chair  concluded from the discussion that the group wanted to communicate about the letter, revitalize the connection with CUFLA, Budget and Planning would talk about a forum, and Peterson would look into a forum for fall looking at the “big picture” as a fair way to resolve these concerns and requests for involvement.

The Chair had asked Scott Adler to spearhead a small group to examine concrete suggestions from the faculty to be presented to the administration regarding athletic reforms.  She apologized for the late notice and requested permission to appoint after the fact a special committee on athletic reform.  The group began as a subcommittee but was now independent and running on its own.  A motion to approve the creation was made by Preston and seconded by Sture.  The special committee on athletic reforms was approved unanimously.

C.            Special Report

Bintliff introduced CU President Elizabeth Hoffman who began by handing out the text of her testimony made before the House Subcommittee which outlines her feelings on the football recruitment scandal.  She emphasized that both she and the Chancellor are serious about taking charge of the situation, and that this is also about the culture in athletics and across the campus.  The President was open to ideas for changing the campus culture to supplement the campus programs in place.  Comstock reported that the male students in her class suggested that a construction of sexuality course be combined with the required alcohol class requirement, and the President liked the idea.    Bintliff suggested Comstock contact Ron Stump who is putting together a task force on social norms and added that there is an initiative on campus to develop a clear statement on social norms which complements the BFA statement of expectations passed this year.      Carey said this was brought up at a brown bag lunch between Byyny and faculty, and he urged the President to do something at the system level as it is not a problem restricted to one department or to our campus or higher education in general, but is a larger problem of our society.   Hoffman agreed and said she had been thinking of our broader culture as a mirror of our athletic culture, and that there needs to be a recognition that there may be something about the athletic culture that contributes to this attitude towards women.  We have to take this opportunity from this experience to become a leader and the campus has not begun to address  student-to-student harassment. 

Carey said that we are doing some things but perhaps not enough and we can certainly improve ourselves.   Hoffman said that part of the problem is that students are living in a world without rules and the current situation is not tolerable or sustainable, and she asked that the messages young men are receiving in our culture be examined. 

In conclusion the President stated two goals in connection with the athletics crisis:

·         We need to defend ourselves.

·         We are working to restore CU’s reputation.

Hoffman stated that most of the costs incurred by dealing with the athletics issues will come from  using the interest from cash reserve funds, and then charging the money back to the athletics department.  .  DiBiaggio is in a vacant line in the Chancellor’s office and his pay will be charged back to Athletics, as will the money to support the work of the ICC.  The litigation costs have already reached $380,000. 

Hohlfelder asked that the President to reiterate that no general funds or instructional funds are being used for the athletic program investigation, and the President stated for the record that this is the case and that almost all costs will eventually be charged back to athletics.

Turning to state legislative concerns:

·         Hoffman passed out the text of her statement concerning ABOR (the students’ academic freedom bill).  We are dependent on the Republican caucus to get us through the budget crunch as the Democratic caucus is very opposed to the College Opportunity Fund Bill;  Hoffman is in a delicate political situation as she must oppose certain bills as they are potentially damaging to higher education while at the same time she can’t afford to lose the very people supporting those bills who can get us out of our economic troubles.   Hoffman came out strongly against HB 13; R L Widmann came prepared with wonderful testimony but Speaker  Mitchell allowed time only for testimony in support of ABOR.  Regrettably, the incident involving a Metro faculty member probably caused the bill to pass the House Education Committee.  Mitchell has indicated he might not bring the bill forward and instead is seeking assurances that CU has the right grievance processes and procedures in place and are sincere about wanting to protect our students.

·         Hoffman told the group that the Anti-Affirmative Action Bill invites people to sue us. She will testify this week  and focus on the costs the passage of this bill will inflict on higher education.  Lobbyists tell her the bill will pass unless a strategy to capture the attention of the Republican majority can be developed.  The President was concerned that the bill will allow any white student not admitted to CU to sue and it will affect the future of all minority-based programs as well.

·         HB 1187 or the Alien Tuition Bill which would give children of aliens in-state tuition, was amended on the floor.  Now the bill reflects the requirement that if you attend a Colorado high school for three years you are eligible for the tuition benefit.

·         The Foreign Licensure Bill will enable foreign physicians to stay in the U.S. three years instead of one. 

On the subject of the budget:

·         Hoffman has been asking the JBC for no additional budget cuts.

·         Sixty people went to talk to Governor Owens to seek “no more cuts,” which has resulted in Owens’ recommendation not to cut higher ed’s budget.

·         The JBC staff recommended cuts in the higher ed budget by $89.4 million; the JBC will take up the issue of budget again this week; Hoffman will see if the JBC is willing to implement what Owens is recommending which is not to cut higher education this year, securitize tobacco and use other one-time funds while we undergo the constitutional amendment process.

Peterson asked if the JBC is consciously  pushing us into a different paradigm of higher tuition and elite status, because if they are, the faculty need to begin to consider how to survive in that environment.   Hoffman replied that the JBC staff was looking at cutting the budget; the committee itself realizes how history-making this decision could be and that once down this path we can never turn back.

·         In the Fall of 2004 without a constitutional amendment we will have to go down the path of privatization.

·         As reflected in the handout provided, without any further cuts to the current budget, CU will have a shortfall of $27 million this year.

·         If the salary survey for staff is approved, we must also do the same for faculty and professional exempt employees; this would cost CU an additional  $21 million.

·         This fall taxpayers could receive a $50-100 million TABOR refund with a 1.1 % tuition increase and potential for cuts to the budget.

In response to this situation, Hoffman proposes

·         Passage of SB 189 or the College Opportunity Fund Bill, which turns CU into a public entity that is cash-funded.  Very few Democrats support this bill but without it no enterprise status is possible and CU would only get 1.1% increase in tuition.

·         CU would need to gain control over tuition.  Hoffman does not see us as a private university but as a public university that has low state funding (is cash funded) and the benefits of remaining a public entity  look as though they outweigh the costs (sovereign immunity, zoning immunity, and the potential to win public funds and capital construction funds). 

Hoffman’s overall strategy would be to:

·         Get SB 189 passed. 

·         Gain enterprise status for CU.

·         Get a contingency line for spending authority to cover tuition differentials and a tuition increase that will allow CU to cover the $27 million shortfall. 

·         Work to get a constitutional amendment passed.

There is a bridge strategy to get us to November by using tobacco and reserve funds.  In November, the voters will have a chance to express their support for higher education by for a constitutional amendment and giving up their refund under TABOR. 

Chair Bintliff thanked the President for her unflagging efforts and encouraged faculty to communicate their ideas to her, and thanked Hoffman for her time and presentation. 

The Chair thanked everyone for attending and the meeting was adjourned.