Academic Senate

Meeting Minutes

ACADEMIC SENATE
May 1, 2017

Call to Order
The regular meeting of the Academic Senate, held on May 1, 2017, was called to order at 3:02
pm by Xan Johnson, Senate President. The meeting was held in the Health Sciences Education
Building, room 1750.

Present: Shundana Yusaf, Sarah Hinners, Brenda Scheer, Bob Allen, Leticia
Alvarez, Rajeev Balasubramonian, Chuck Dorval, Mathieu Francoeur,
Sudeep Kanungo, Hanseup Kim, Xiaoyue Liu, Ken Monson, Denny
Berry, Michael Chikinda, Michael Cottle, Melonie Murray, Jim Martin,
Julie Metos, Susan Naidu, Nelson Roy, James Anderson, Karin
Baumgartner, Avery Holton, Eric Hinderaker, Sean Lawson, Lex
Newman, Adrian Palmer, David Hill, Tom Lund, John Bramble, Alicia
Brillon, Julie Barkmeier–Kraemer, Nadia Cobb, Per Gesteland, Mia
Hashibe, Katherine Kendall, John T. Langell, Antoinette Laskey, Nicole
L. Mihalopoulos, Maureen A. Murtaugh, Brad Rockwell, Robert A.
Stephenson, Ravi Chandran, David Dinter, Paul Jewell, Lauren Clark,
Sara Simonsen, Lynn Hollister, Andrea Bild, Donald Blumenthal, Randy
Dryer, Tommaso de Fernex, Yekaterina Epshteyn, Dmytro Pesin, Thomas
Richmond, Pearl Sandick, Michael Shapiro, Jennifer Shumaker–Parry,
John Sperry, Andrejs Treibergs, Adrienne Cachelin, Thomas Cova, Korkut
Erturk, Duncan Metcalfe, Paul White, Zhou Yu, Jason Castillo, Mary Beth
Vogel–Ferguson, Joanne Yaffe, Melanie Barker, Oliver Anderson, Rachel
Petersen, Carley Herrick, Trevor Annis, Michael Stapley, Summer
Mikkelsen, Kaitlin McLean, Abigail Stover, Zach Berger
Absent: Elena Asparouhova, Adam Meirowitz, Jeff Nielsen, David Plumlee, Todd
Zenger, Alberta Comer, Mark Durham, Yongmei Ni, John Funk, Ning Lu,
Joe Marotta, Stacy Manwaring, Nadja Durbach, Terry Kogan, Ravi
Ranjan, Frederick Strathmann, Wade Cole, Baodong Liu, Edmund Fong
Ex Officio: Bill Johnson, Bob Flores, Xan Johnson, Paul Mogren, Margaret Clayton,
David Pershing, Ruth Watkins
Excused with proxy: John Regehr, Dianne Harris, Disa Gambera, Linda Tyler, David
Goldenberg, Lina Svedin
Excused: Brian Cadman, Olga Baker, Les Podlog, Luke Leither, Julio Facelli,
Thomas Winter, Joel Brownstein
Others: Mike Kirby, Steve Ott, Stewart Culver, Anne Lair, Karen Gunning, David
Carrier

Approval of Minutes:
The minutes dated April 3, 2017 were approved with a motion from Joanne Yaffe and a second
from Paul White.

Consent Calendar:
The current list of appointments and resignations dated May 1, 2017 was approved with a motion by
Joanne Yaffe and second by Jim Anderson. Motion passed unanimously.
Executive Committee Report
Mardie Clayton gave a report on the activities of the Executive Committee. The Executive
Committee held two extra meetings to work on the agenda for today’s Senate meeting.
Additionally, the Executive Committee requested certain amendments be made to the proposal
for the new tobacco policy (Rule 3–300A, to be presented at today’s meeting). The amendments
requested had not been made at the time of the Executive Committee’s latest meeting (were only
made this morning), so the Executive Committee placed the proposal on the Intent Calendar for
today’s meeting. It may be moved to the Debate Calendar upon a two–thirds majority vote from
the Senate.

Report from Administration
President Pershing gave a report on the recent activities of the U administration. He
acknowledged the generous contributions of the Huntsman family to the University and
specifically to cancer research and treatment. He also acknowledged Dr. Mary Beckerle’s role in
achieving comprehensive cancer center status during her leadership over the past 11 years (as
Director of the University’s Huntsman Cancer Institute). He also acknowledged the contributions
of Dr. Vivian Lee over the past six years (as Senior Vice President for Health Sciences); she
achieved a number–one ranking in quality healthcare for the University of Utah Hospitals and
Clinics, and was critical in the development of the new Medical Education and Discovery
Complex. President Pershing noted that there have been growing concerns about the relationship
between the Huntsman Cancer Institute and some other parts of University of Utah Health
Sciences. The concerns are not related to the quality of healthcare and research, but are tied to
issues of governance, appointment of leaders, cost accounting, and flow of funds. He admitted
that the conflict which resulted in the firing, and later reinstatement, of Dr. Beckerle as CEO and
director of Huntsman Cancer Institute was not handled correctly; he accepted fault for it, and
apologized. He also recognized that the situation potentially undermined recruitment and efforts
to secure research grants across campus. He also addressed the resignation of Dr. Lee on April
28. President Pershing stated that he did not ask her or encourage her to resign. He also
expressed disappointment about the public conversation, and stated that the U does not tolerate
discrimination of any kind, and is strongly committed to diversity and equal opportunity. Moving
forward, President Pershing said that Dr. Lorris Betz (who previously held the position before
retiring) will be the interim senior vice president for Health Sciences, and will help the U
through these challenging times. The U will shortly initiate a national search for a new senior
vice president for Health Sciences. He also stated that two new memoranda of understanding
regarding the Huntsman Cancer Institute will be developed, with the help of attorney Alan
Sullivan, who will meet with faculty, staff, department chairs, and all other relevant parties. The

development of the MOUs will be completely transparent, and the MOUs will go before the
Board of Trustees in an open meeting. Senior Vice President Ruth Watkins, Dr. Betz, and
President Pershing will continue to work to resolve these issues and will make no sudden
administrative decisions. President Pershing then invited questions from the Senate. When asked
why he decided to reverse his initial decision to fire Dr. Beckerle, President Pershing responded
that his learning more about the complexities of the situation led him to his decision to reinstate
Dr. Beckerle. Additionally, the reversal decision was not made because of any donor, but
because the initial firing was not in the best interest of the university and its faculty. Finally,
President Pershing announced that he will step down as president during the 2017–2018
academic year, but will continue to serve as president while a search is undertaken for the 16th
president of the university, to ensure continuity of leadership. The searches for the new senior
vice president for Health Sciences and for the new president will proceed mostly in parallel, with
the hiring of the new president timed so that he/she will be able to make the final decision
regarding the hiring of the new senior vice president.

Report from ASUU
Rachel Petersen gave a report on the activities of ASUU. She introduced the new ASUU
President, Zach Berger, and ASUU Senate Chair, Chandler Dean.

Special Order– Annual Elections
David Hill, on behalf of the Personnel and Elections Committee which is responsible for Senate
elections, explained the processes for the annual Senate elections, including the elections during
this meeting of the Senate President–elect, and of the members of the Senate Executive
Committee, and then subsequent online voting for members of the other Senate standing
committees. Tom Richmond (Chemistry) and Maureen Murtaugh (Internal Medicine) introduced
themselves as candidates for President–elect. Ballots for today’s two elections were distributed to
the eligible voting members (see results below).


Notice of Intent
Matt Miller, ASUU vice president, and a team of representatives of the Campus Tobacco Policy
Review Board, introduced a proposal for a new University Rule 3–300A, which would replace an
existing “Guideline” regarding tobacco on campus, and would prohibit the use of tobacco on
campus. This policy has been in development since 2010. The rule would prohibit all use of
tobacco products on campus (including all outdoor areas), except for the likely construction of
“smoke shacks” on the Health Sciences campus under possible exceptions which the Rule would
authorize to be determined by the Senior Vice President of Health Sciences. An ad hoc
committee will also be initiated to work on implementation and analyze the effects of the policy
over the next year. The policy will not be enforced (i.e. no sanctions will be issued for violations)
for one year after implementation, to better understand the effects of the policy and how best to
approach sanctions. There will be a dual system of enforcement, with different mechanisms for
faculty/staff and for students. Faculty/staff violations will be handled in a manner similar to
parking citations– there will be warnings, after which increasing fines will be imposed. Student

violations will be handled under behavioral conduct provisions, similar to the way in which
student violations of the alcohol policy are managed. Motion was made by Jim Anderson to move
from the Intent Calendar to the Debate Calendar. Motion seconded by Randy Dryer. Motion
passed unanimously. (See debate description below).

Debate Calendar
Bob Kessler and Roger Altizer presented a proposal for a new Bachelor of Science degree in
Games. The proposed degree will respond to student demand, as well as growth of the program
and the hiring of enough faculty to support a full degree program. Additionally, the program
already offers a master’s degree in this area, and wishes to offer a complementary bachelor’s
degree.
Motion was made by Randy Dryer to approve the proposal and forward to the Board of Trustees.
Motion seconded by Joanne Yaffe. Motion passed unanimously.

Bob Adler presented a proposal for a new Master of Legal Studies degree. The proposed degree
will be a one–year master’s degree for non–law professionals who encounter law and the legal
process in their careers and could benefit from a more sophisticated understanding of the issues,
but who do not need a three–year JD. It has been designed as an executive program, in which
students will take classes every other weekend; as such, the program will be accessible to
working professionals and those who are pursuing other graduate/professional degrees. Although
there are many similar programs nationally, this will be the first program of its kind in the
intermountain west. Motion was made by Joanne Yaffe to approve the proposal and forward to
the Board of Trustees. Motion seconded by Brenda Scheer. Motion passed unanimously.

Tom Maloney presented a proposal to change the name of the Barbara L. and Norman C. Tanner
Center for Nonviolent Human Rights Advocacy to the Barbara and Norman Tanner Center for
Human Rights. The name change is to simplify the name and clarify the mission and activities of
the center. Motion was made by Brenda Scheer to approve the proposal and forward to the
Board of Trustees. Motion seconded by Nicole Mihalopoulos. Motion passed unanimously.

Jason Taylor and Amy Bergerson presented a proposal for a new Community College
Leadership and Teaching Certificate. The department already has programs with focuses in
higher education and K–12 education. The proposed certificate will be housed within the higher
education focus, but will allow for specialized education related to community colleges. The
need for this program is due to the fact that community colleges serve populations and have
missions distinct from four–year universities. Additionally, community colleges’ organizational
structures are often different. The department has made recent hires of faculty members with
expertise in this area, which has led to the development of this proposal. Motion was made by
Jim Anderson to approve the proposal and forward to the Board of Trustees. Motion seconded
by Maureen Murtaugh. Motion passed unanimously.

Ed Barbanell presented a proposal for a new policy 6–500 related to curriculum management and
administration. The U’s curriculum management infrastructure has been largely undocumented,

despite significant changes and updates in the past several years. As such, it requires a formal
policy framework. The majority of the content of the policy is simply the documentation of
existing processes and procedures. It was pointed out that this new policy incorporates certain
concepts regarding curriculum management that were previously included in a revision of Policy
6–001 which the Senate approved earlier in the year (including requirements for each department
to prepare a written Curriculum Management Plan, and describe its plans for Learning Outcomes
Assessment). Motion was made by Joanne Yaffe to approve the proposal and forward to the
Board of Trustees. Motion seconded by Paul White. Motion passed unanimously.

Debate proceeded regarding new Rule 3–300A—prohibiting all use of tobacco on campus (once
it was moved from the Intent Calendar to the Debate Calendar). A question was raised regarding
how visitors to campus will be affected. It was explained that visitors will not be forced to
comply with this policy; it only affects the university community. Only a Utah Administrative
Rule would have jurisdiction over visitors to campus. As such, a friendly amendment was
proposed and agreed to, to strike the section of the University Rule (III.A.7), which would
require organizers and attendees at public events, such as conferences, meetings, lectures, social
events, and cultural events to abide by the rule. Concerns about vigilantism were also raised, due
to the part of the policy proposal encouraging members of the university community to engage
with individuals violating the policy. Additional questions and concerns were raised, including
the following: What doors does this open in terms of the university legislating the health and
activities of its employees? What precedent does this set/what is next? Is this an undue burden on
smokers on campus? Should “smoke shacks” be constructed on lower campus as well as Health
Sciences? Does this have a disproportionate impact upon lower–income individuals, who are
more likely to use tobacco products? It was explained that there should be adequate opportunities
to consider all such questions and concerns before any restrictions are enforced (because the
written proposal specifically provides that enforcement will be delayed to July 2018, and
meanwhile a Senate Ad Hoc Committee will be established to study the matter and present the
Senate and Trustees with a set of reports with recommendations to address such concerns by
various means, including possible revisions of the Rule’s contents). Motion was made by Joanne
Yaffe to approve the proposal as amended (excluding from the University Rule coverage of
visitors) and forward to the Board of Trustees. Motion seconded by Randy Dryer. A voice vote
was held, which the Parliamentarian declared insufficiently clear, requiring a second vote by
“division of the house” (rising to vote), upon which the Motion passed– 49 yea–22 nay–4
abstentions.

Information and Recommendations Calendar
The following items were presented for the information and recommendations of the Academic
Senate:
 Kelly MacArthur presented the annual report of the Senate Advisory Committee on
Diversity. The committee analyzed the U’s diversity efforts, and compared them to other
PAC–12 institutions’ diversity programs. The committee came to the conclusion that the
U performs average to above–average in comparison to other PAC–12 schools, but
recommends that the U collect better statistics with regards to gender, particularly

without binary presumption. The committee has a new charge for the coming academic
year, to assist in updating the many nondiscrimination policies so that they are consistent
across campus.
 Scott Wright presented the revised College of Nursing college council charter (which has
received the requisite final approval of the Senate Executive Committee). It is the result
of two–and–a–half years of work and great input and investment from faculty and
administration within the college.
 Jim Schallheim presented the revised School of Business college council charter (which
has received the requisite final approval of the Senate Executive Committee). The charter
restructures the College Council; the new structure will include six tenure–line faculty
members who will represent the six departments, as well as the faculty president, with
additional voting representation from career–line faculty and students. There will also be
two non–voting members– a representative from the dean’s office, and the faculty vice–
president. The new charter also ensures that faculty have a voice by allowing any voting
faculty member to submit a proposal to the council for consideration, as well as allowing
any voting faculty member to propose a new agenda item.
 Mark Curtz presented the upcoming Campus Information System (CIS) website portal
redesign. The redesign will address mobile support, usability/user friendliness, and will
be easier for faculty and staff to personalize. Faculty will have access to a staff page, for
functions such as payroll, while also having access to a designated faculty page. There is
also likely to be a news feed for faculty as well.
 Seven–year review– Master of Statistics
 Senate Advisory Committee on Information Technology, annual report
 Senate Advisory Committee on Academic Freedom and Faculty Rights, annual report
 Senate Faculty Review Standards Committee, annual report
 Senate Advisory Committee on Academic Policy, annual report
 Senate Advisory Committee on Budget and Planning, annual report
 March President’s Report

Special Order—Annual Elections Results
With ballots counted, it was announced that Tom Richmond will be Senate president–elect,
beginning May 15, 2017. The 2017–2018 Executive Committee voting membership will be Bob
Allen, Leticia Alvarez, James Anderson, Denny Berry, Randy Dryer, David Goldenberg, Patricia
Hanna, Mia Hashibe, Sudeep Kanungo, Kathleen Nicoll, Sara Simonsen, and Joanne Yaffe.
Elections for all other Senate–elected standing committees are being conducted online.
Instructions for voting have been previously disseminated and reminders are being given.
Resulting membership of the standing committees will be published on the Senate website.

New Business
Senate Policy Liaison Bob Flores presented and moved for approval of a proposal (previously
discussed with the Executive Committee) to create an ad hoc committee on the governance
structure of centers, institutes, and bureaus. Motion seconded by Joanne Yaffe. Motion passed.