May 6, 2013

May 06 2013
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Meeting Minutes


May 6, 2013


Call to Order

The regular meeting of the Academic Senate, held on May 6, 2013, was called to order at 3:04 p.m. by Robert Fujinami, Senate President. The meeting was held in room 115 C. Roland Christensen Center.


Present: David Ailion, Stephen Alder, Lisa Aspinwall, Keith Bartholomew, Tully Cathey, Thomas Cheatham, Kuan Chen, Miguel Chuaqui, Ronald Coleman, Marianna Di Paolo, Richard Dorsky, Kristina Evans, Nick Ferre, Bruce Gale, Michael Gardner, William Gershan, Thad Hall, Leanne Hawken, Steven Sternfeld, Howard Horwitz, L. Eric Huang, Eric Hutton, Thunder Jalili, William Johnson, Bradley Katz, Sharee Lane, Anthea Letsou, John Longino, Robin Marcus, Kim Martinez, Duncan Metcalf, Dragan Milicic, Alfred Mowdood, Patricia Murphy, Chris Myers, Ingrid E. Nygaard, Patrick Panos, M. Pollie Price, Matthew Potolsky, Alison Regan, Stephanie Richardson, Gary Rose, Sonia Salari, Paul Shami, Janet Shaw, Clough Shelton, Gregory Smoak, Orest Symko, Norm Waitzman, Li Wang, Joanne Yaffe


Absent: Clayton Beckett, Barton Blackburn, Reaz Chaudhuri, John Conboy, Charlotte Conerly, Alicia De Leon, Kevin DeLuca, Justin Diggle, Aria Flatau, Timothy Garrett, Franz Goller, James Graves, Joan Gregory, Gary Grikscheit, Charles Grissom, Michael Hawkins, Evert Lawton, Karl Lins, Theresa Martinez, Melissa Meeks, Heather Melton, McKenna Menees, Harvey Miller, Tatiana Mixco, Anne Mooney, Trevor Myrick, Lester Partlow, Marlene Plumlee, Hannah Pratt, Martin Rechsteiner, Gerald Root, David Rudd, Orine Shine, Kristin Smith – Crowe, Jeff Stratman, Taylor Thompson, Molly Wheeler, Wynchester Whetten, Bryce Williams, Angela Yetman, Aaron Young, Jingyi Zhu


Excused: David Pershing, Vivian Lee


Ex-officio:   Robert Flores, Robert Fujinami, Pat Hanna, Michael Hardman, Harriet Hopf, Paul Mogren, Allyson Mower, Ruth Watkins, Amy Wildermuth, Shawnee Worsley


Excused with Proxy:  Kathy Chapman (Sean Redmond), Sabine Fuhrmann (Alessandra Angelucci), Mary Elizabeth Hartnett (Marielle Young), Tom Henderson (Rich Riesenfeld)


Others: Martha Bradley, Eric Denna, Kurt Hegmann, Rod Larson, Octavio Villalpando


Approval of Minutes

The minutes of the Academic Senate meeting on April 1, 2013 were approved following a motion from Joanne Yaffe which was seconded by Kim Martinez.


Request for New Business—Annual Elections

Representatives of the Senate Personnel and Elections Committee explained that elections for the new Senate President-elect and for the membership of the Senate Executive Committee for next year are being conducted now with ballots collected during this meeting, and that elections are being conducted online to determine membership of the other Senate-elected committees.

Consent Calendar

The resignations retirements, faculty appointments, auxiliary and limited term appointments, appearing in the Appendices dated April 1, 2013, received approval to forward to the Board of Trustees on motion by Steve Alder and seconded by Sonia Salari.


Report from Administration

Interim V.P. for Academic Affairs Michael Hardman reported on the commencement activities. The President is interested in feedback on the commencement activities and the move from Friday to Thursday. We encourage all to provide feedback to Student Affairs.


On behalf of the President and all of central administration, Mike thanked the Academic Senate members for their service. We recognized the time and commitment it takes to serve on the Senate and we appreciate the willingness to serve.


Mike Hardman introduced Ruth Watkins, the new Sr. VP for Academic Affairs. Ruth was previously dean for the College of Liberal Arts and Sciences at the University of Illinois and professor of speech and hearing science, psychology and linguistics. Ruth started at the University of Illinois as an assistant professor in 1993. Ruth spoke briefly to the Senate.


Executive Committee Report

Allyson Mower, Executive Committee Secretary, provided a summary of the Executive Committee meeting held April 15, 2013.


Report from ASUU

Nick Ferre, the ASUU President for 2013-2014, was introduced.


Notice of Intent

No Items for Notice of Intent


Debate Calendar

Hank Liese, as co-chair of the Ad Hoc Committee on Auxiliary Faculty, presented the (Updated) Proposal on Senate representation (Phase 1). This is an update for the proposal to revise Policy 6-002 to include representatives of Career-line faculty in the Academic Senate. At its April 1 meeting the Senate took two important steps. First, it gave final Senate approval to the proposed revision of Policy 6-300 to change the nomenclature for faculty, including eliminating the term “Auxiliary” faculty, adopting the new term “Career-line” faculty, and replacing the term “Regular” faculty with “Tenure-line” faculty. And this included a plan for a second phase in which the new nomenclature will be incorporated into several other Regulations, during 2013-2014. Second, in the preliminary discussion of the companion proposal for Senate representation of Career-line faculty (revising Policy 6-002 which governs Senate membership), the Senate requested that the Ad Hoc Committee prepare a specific plan to accomplish the ‘staggering’ of terms of the initial set of Career-line representatives, so that in future years those representatives would be replaced in a staggered sequence rather than all at once.



That additional detail has been added to the proposal materials up for Senate approval today.  Under this updated proposal, all of the 18 electing units (the 16 colleges, the Libraries as a unit, and the Interdisciplinary Teaching Programs as a unit) will elect their Career-line representatives by fall 2013, to begin service on the Senate in January 2014 (midway through the 2013-2014 Senate year). The Personnel and Elections Committee, after consultation with the Ad Hoc Committee on Auxiliary Faculty, will, by the end of spring 2014, divide those representatives into three groups. Those assigned to the first group will have special initial terms of only 1 & ½ years and the second group will have special initial terms of only 2 & ½ years. The third group will have special initial terms of 3 & ½. 4.       As originally proposed (prior to the amendment explained below), those in both the first and second groups would have a special one-time exception of being eligible for election again immediately after their initial shortened term. Only the third group would be subject to the ordinary restriction of not being eligible for re-election until having spent at least one year out of office [the subject of the amendment below]. The Associate VP for Faculty office has worked with OBI to gather the required information for the voting. If anyone has questions about eligibility, please contact that office. Kim Martinez made a motion to call for a vote, seconded by Patrick Panos. The motion passed. Stephanie Richardson then moved to amend the proposal to change the reelection exception so that only the 1st group would be eligible immediately for reelection, and both the 2nd and 3rd groups would be subject to the ordinary restriction of spending one year out of office. The motion was seconded and passed. The motion to approve the overall proposal, as amended, and forward to the Board of Trustees was made by Kim Martinez and seconded by Joanne Yaffe. Motion passed. A reminder was given that during the second phase of this project in 2013-2014 there will be proposed further changes to Policy 6-002, 6-001 and other policies regarding the Senate, primarily for integrating Career-line faculty into the Senate committee system, and otherwise updating descriptions of Senate functions and procedures. Those proposals will accompany the planned second phase of revising multiple regulations to incorporate the new faculty nomenclature adopted in the revised Policy 6-300 (“Tenure-line” and “Career-line”).


The proposal for Intellectual Property policies, Revised Policy 7-002–Patents & Inventions, Revised Policy 5-204—Remunerative Consultation was presented by John Morris and Glenn Prestwich.

The three major changes to 7-002 include; first, better define which inventions the University would claim ownership of because the old definition had given rise to several disputes. Inventions that will be subject to Policy 7-002 are those arising within a faculty or staff member’s area of expertise, as well as those resulting from either University research or non-incidental use of University resources. Second, the inventors’ portion of net commercialization revenues increases to 40% of the first $100,000; 35% of the next $200,000 and 33% of net income thereafter. Third, there will be improved relationships between the Technology Commercialization Office (TCO) and inventors. The TCO must promptly and efficiently process invention disclosures and inform inventors of TCO’s decision whether to protect and commercialize the invention. TCO will honor an inventor’s request for assignment of an invention TCO has failed to commercialize within a reasonable period of time.


In addition to these three major changes, the other changes to the policy include:

  • Non-Incidental Use of University Resources. University rights to an invention based on use of University resources applies when the inventor uses University resources exceeding those resources available to the general public or to which he or she ordinarily has access as a faculty member, staff member or student, as applicable.
  • “University Research” Based on Faculty Member Involvement. The term “University Research” includes research a faculty member performs or manages in his or her official capacity, but not the independent research of students for which the faculty member acts merely as an advisor.
  • Research Results; Laboratory Notebooks. The University owns tangible and intangible products of University research. Faculty members remain custodians of their laboratory notebooks, but will provide these to the University upon its request or upon separation of the faculty member from the University.
  • Student Invention Assignments for Faculty Research. Faculty members are encouraged to ensure that students participating in a faculty member’s research have provided assignments for resulting inventions they create.
  • Consulting Arrangements. Faculty members are responsible to ensure their consulting activities are consistent with the requirements of Policy 5-204: Remunerative Consultation and Other Employment Activities.
  • Invention Assignment Language. The Policy’s invention assignment provision incorporates language required by the U.S. Supreme Court’s recent decision in Stanford v. Roche.
  • Specifically Defined Terms. Specifically defined terms are added or further clarified, consistent with changes elsewhere in the Policy.
  • Copyright Works; Software. Copyrightable works that are also patentable will be treated as Inventions subject to Policy 7-002. Software, whether or not patentable, will be treated as an Invention subject to Policy 7-002.
  • Illustrative Examples. The committee thought it would be helpful for the revised Policy to include, but only as a guide, specific examples related to inventions created by faculty members, staff members and students, applying related policy provisions.


The proposed Changes to Policy 5-204: Remunerative Consultation and Other Employment activities are to increase the number of consulting days permitted. Faculty members and administrative officers are permitted to consult four days per month, rather than two days per month. Revised Policy 5-204 will continue to permit faculty members and Administrative Officers to accrue up to twelve unused consulting days. In addition, the term “consulting” is specifically defined to include consulting performed by a faculty member or administrative officer in his or her individual capacity, directly related to the faculty member’s or administrative officer’s area of expertise, which utilizes that expertise through interactions with the public, and in exchange for which the faculty member or administrative officer receives compensation. The motion to approve and forward to the Board of Trustees was made by Joanne Yaffe and seconded by Stephanie Richardson. Motion passed with one abstention.


Cheryl Winston presented the proposal for a name change from “Hearing Impairments Program” to “Deaf and Hard of Hearing Program.” The Program is a bachelor’s, master’s, and licensure only program within the Department of Special Education, College of Education. There are two overriding reasons for this name change. First, the new name more closely represents current terminology used in research and scholarly writings within the field across the nation. This name change is consistent with a survey of higher education teacher preparation programs throughout the nation.

Second, the Utah State Office of Education has changed the title of the “endorsement” our students will receive– to Deaf and Hard of Hearing. The motion to approve and forward to the Board of Trustees was made by Keith Bartholomew and seconded by Norman Waitzman. Motion passed unanimously.


The proposal for name change from “MS in Pharmacotherapy Outcomes Research and Health Policy” to “MS in Health System Pharmacy Administration” was presented by Linda Taylor. Due to a departmental name change from Pharmacy Practice to Pharmacotherapy in 2004, the MS program name was changed from Pharmacy Administration to Pharmacotherapy in order to be consistent with the department’s name. In 2011 a new PhD program and program name, Pharmacotherapy Outcomes Research and Health Policy was approved. At the time the PhD program was approved, the department’s Graduate Programs Committee made the decision that the name of the MS program should change from Pharmacotherapy to Pharmacotherapy Outcomes Research and Health Policy, again for consistency, but without long-term consideration of the impact on the advanced practice administrative residencies. This name change better represents the degree to be offered. The motion to approve and forward to the Board of Trustees was made by Joanne Yaffe and seconded by Keith Bartholomew. Motion passed unanimously.


The proposal for a new graduate Certificate of Occupational Safety and Health was presented by Kurt Hegmann. The Department of Family and Preventive Medicine and the Rocky Mountain Center for Occupational and Environmental Medicine have requested approval for this certificate that will help meet graduate-level regional and national needs for personnel trained in Occupational Safety and Health (OSH). The certificate will require students to complete at least 15 credit hours of graduate level coursework in OSH. The courses included in the certificate are already taught in the Graduate Programs curriculum. The motion to approve and forward to the Board of Trustees was made by Norman Waitzman and seconded by Joanne Yaffe. Motion passed unanimously.


The proposed revision of Rule 6-310(IDTP) adding two new programs as Qualified Interdisciplinary Teaching Programs was introduced by Hank Liese, Dan McCool and Robert Kessler. The purpose is to authorize the Entertainment Arts and Engineering Program (EAE) and the Environmental and Sustainability Studies Program (ENVST) to make appointments of faculty in the category of Lecturer. Revising the Rule will add these two programs to the list of what the Rule establishes as “Qualified Interdisciplinary Teaching Programs” (QIDTPS) granted the authority to make such appointments. The teaching personnel of the EAE and ENVST programs are highly qualified, experienced, and dedicated to teaching. The motion to approve was made by Joanne Yaffe. Motion was seconded by Alison Regan and motion passed unanimously. Because this involves a University Rule, rather than a University Policy, the approval of the Senate is the final step in the approval process.


The proposal for revisions of Policy 3-232, Operating Regulations for Bicycles, Skateboards, Roller skates And Scooters was presented by Robert Payne (Office of General Counsel) and Scott Folsom (Chief of Police). The purpose of this Policy is to govern the operation and use of non-motorized riding devices, including bicycles, skateboards, roller skates and scooters on the campus of, or on other premises owned, operated or controlled by, the University of Utah. The policy has been revised to provide the University with more effective tools to enforce, and obtain compliance with, the policy including greater sanctions and the ability to impound devices in appropriate circumstances.  The policy only applies to members of the University community (employees and students). An administrative rule has been submitted to the Utah Administrative Rules Review Committee which contains the same requirements as the attached policy but is directed to visitors on campus who are not part of the University community.  The U encourages alternative forms of transportation; the greater concern is the use of these non-motorized devices in an unsafe and dangerous way.

Sanctions for impermissible uses include:

  • First offense, the U will record the individual’s name and provide a written warning, if no identification is provided the riding device will be impounded.
  • For a second offense which takes place within twenty-four months of an individual’s first offense or warning, the non-motorized riding device will be impounded for not less than forty-eight hours and the individual shall be required to pay a fine of not less than $100 dollars plus the applicable impoundment fee.
  • For offenses after an individual’s second offense, which are within twenty-four months of the individual’s immediately preceding offense, the non-motorized riding device will be impounded for not less than thirty calendar days and the offender shall be subject to an escalating schedule of fines for each offense beyond the second offense, plus the applicable impoundment fee.
  • Member of the University community who commit two or more offenses under this section, and/or who fail to pay fines levied under this section, may also be subject to discipline under the appropriate other University Policies (including for student violators the Code of Student Rights and Responsibilities—Policy 6-400).
  • In appropriate cases, including but not limited to chronic or flagrant violations of this Policy, members of the University community may be prohibited from riding or using non-motorized devices on University premises, permanently or for a designated period.

The presenters explained that they understand there are students who commute from housing using non-motorized devices, and the greater concern is the recreational riders, particularly those who are riding the Trax train up to the hospital station and then skateboarding down  through campus to the Stadium station. A lengthy discussion was held regarding the implications of this Policy, particularly the new provision which entirely prohibits all “recreational” riding of both skateboards and bicycles at all times. A motion to amend to change the wording to discourage instead of prohibit was made by David Ailion, and seconded by Joanne Yaffe and the motion did not pass. Discussion continued until Question was called by Kim Martinez. The motion to approve the proposal as originally presented, and forward to the Board of Trustees for final approval, with the accompanying recommendation to also bring the Policy back for further consideration in the fall (possibly removing the strictly prohibited provision for recreational riding) was made by Keith Bartholomew and seconded by Kim Martinez. Division of assembly was called and the Parliamentarian declared there was a tie vote, and explained that under Senate regulations such a tie leads to the Senate President casting a vote to break the tie. After further discussion and assurances from the presenters that if the Policy revision was approved today it would be brought back to the Senate for further consideration in the fall, President Robert Fujinami voted yes, and the motion to approve the proposal as originally presented passed.


Information & Recommendations Calendar

The Undergraduate Council Review of the LEAP Program was presented to the Academic Senate. No recommendations were made.


New Business—Annual Elections Results

The Personnel and Elections Committee representatives announced that the ballots cast during the meeting having been tabulated— Steve Alder was elected as the President-Elect for 2013-2014. Stephen C. Alder, Ph.D. is an Associate Professor of Family and Preventive Medicine and Chief of the Division of Public Health.  He has served two terms on the Academic Senate and has been a member of the Executive Committee for three consecutive years.


The elected members of the Executive Committee will be Keith Bartholomew, Mike Gardner, William Johnson, Lorie Richards, Jack Longino, Meredith Metzger, Joanne Yaffe, Justin Diggle, Ingrid Nygaard and Duncan Metcalfe. Alternates will be Xan Johnson and Tom Henderson.



The meeting adjourned at 5:54 p.m.


Respectfully submitted,

Shawnee Worsley