Regular Meeting of the University Senate

DATE:  March 13, 1998

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

MEMBERS PRESENT:  Adamcik, Aisenbrey, Anderson, Appleton, Barone, Bell, Berman, Bhoj, Blair, Boikess, Borisovets, Boylan, Burton, Calabrese, Caprio, Carey, Carlson, Carlton, Clarke, Colaizzi, Cooney, Crew, Crystal, Davidson, Decker, E. Dennis, R. Dennis, Dill, DiTomaso, D’Jamoos, Elias, Emanetoglu, Feinman, Flanagan, Gang, George, Goodman, Greven, Haidet, Harris,Hunt, Hyndman, Idler, Italiano, Janes, Kaplowitz, Kirschner, Koehler, Krantz, Krueckeberg, Kubey, Lang, Lattimer, Lawrence, Levinson, Lucas, Manhoff, Mayer, McCabe, McLoof, Medeiros, Miller, Nash, Naus, Panayotatos, Parikh, Pelaez, Pifer, Pomper, Puniello, Reed, Rockland, Rosen, Rotker, Ruvolo, Samuels, Sass, Scheinbeim, Scott, Seneca, Shapiro, Shappell, Sigel, Simmons, Snyder, Solimine, Somville, Stojsin, Sugarman, Szatrowski, Tangri, Tao, Tortajada, Toth, Vodak, Wadia, A. Watts, Webb, Whipple, Wilkinson, M. Wilson, Winterbauer

EXCUSED:  Bagnell, Barber, Bathory, Belton, Benson, Crozier, Evans, Feighn, Finstein, Foley, Ford, Forman, Frenkel, Gaunt, Gilchrist, Griffith, Hosford, Jacobs, Kaplan, Lees, Leontiades, Marlys, McCloughan, McManus, Naraez, Orenstein, Rabin, Rabinowitz, Tomie, Tripolitis, Van Til, T. Watts, Young, Znayenko

ABSENT:  Abrams, Bailey, Bartkowski, Bartov, Beatty, Blumenschine, Bottega, Bruner, Burger, Crupi, Davenport, Dickson, Doshna, Douriet, Drewes, Fischetti, Fitzgerald, Gary, Hall, Haska, Hughes, Jarvis, Jones, Jussim, Kenfield, Laskaris, LeBaron, Lehman, Lesser, Liivak, Li, Logie, McAfee, Mccloskey, McCoy, Molnar, Monaco, O’Donnell, Pederson, Perney, Poole, Rainey, Rodriguez, Roth, Rothberg, Shafer, Shailor, Srinidhi, Staton, Taghon, Vasconcelos, Williams, R. Wilson

NON-VOTING MEMBERS ABSENT:  Benevento, Cortese, Salpas

PRESIDING OFFICER:  Louie Crew, Chairperson

Chairperson Crew called the meeting to order and declared that there was a quorum.

CHAIRPERSON’S REPORT:  Chairperson Crew announced that a group of SCILS graduate students in organizational communication would be conducting an inventory of the Senate’s communication practices, and said that the cooperation of Senators contacted by the students would be very much appreciated.

Chairperson Crew encouraged Senators to attend the Second Annual New Brunswick Conference on Academic Freedom, Tenure, and University Governance on Friday, April 3 at the University Inn and Conference Center.

Chairperson Crew reported on preliminary planning for the Senate Revitalization Committee. He said that a list of potential committee members had been compiled, and that those persons would be contacted after the Senate Executive Committee meets on April 17, 1998 to compose a charge for the new committee. He added that the Executive Committee had decided to meet with standing committee chairs three times each year to solicit joint input and review the organic function of the Senate and its subcommittees.

REPORT OF THE SECRETARY: Agenda:  Secretary Swalagin explained that, since Senator Tripolitis, chair of the Committee on University Governance and Role, Composition and Function of the Senate, could not attend the meeting, her committee report was taken off the agenda. The agenda was approved as revised. Minutes: Secretary Swalagin corrected the February 6, 1998 Senate Minutes as follows: the last sentence of the penultimate paragraph on the Committee on University Governance and Role, Composition and Function of the Senate changed to read, “Senator Sugarman’s motion to table the main motion was passed,” instead of “...substitute motion was passed.” The Minutes of February 6, 1998 were approved as amended.

Communications: Secretary Swalagin reminded the Senate that the Nominating Committee would meet in early April to develop the slate for next year’s Senate leadership posts, and asked that nominations be sent to the Senate office as soon as possible.

ADMINISTRATIVE REPORT:  President Lawrence’s administrative report began with an update on Governor Whitman’s 1998-99 budget recommendations. He said that the proposed budget includes a $9.9 million increase in state support, which would give the university $405 million from the state in fiscal year 1999, which includes $6 million for the ORSP program. Several new funding policy initiatives are also proposed, including performance-incentive-based funding and multi-year funding. President Lawrence will work for full funding of the university’s salary package, because the proposed $9.9 million increase covers only half of fiscal 1999 salary increases. Further, the university is asking that the state reconsider the block grant concept, which shifts fringe-benefits funding to the university, and that the state instead continue to fully fund fringe benefits directly. Rutgers will work with Trenton to develop appropriate performance measures which achieve important university goals and also meet state needs.

President Lawrence reported on his most recent activities in Washington, DC, which included: presentation of a Rutgers Medal to Representative Rodney Frelinghuysen recognizing his years of support for Rutgers and all of higher education, conversations with members of the NJ delegation and federal officials, and efforts to increase Rutgers’ visibility and funding. President Lawrence will be testifying on behalf of the AAU for NSF funding in mid-April. President Lawrence also reported on his recent visit to California, which included: participation in alumni events; admissions events for prospective students and their parents; and meetings with foundations, computing firms, and The Los Angeles Times.

President Lawrence reported on searches, including progress on deans searches for Newark School of Criminal Justice and Camden FAS, and the appointment of Michael Klein to succeed Ellis Dill as Dean of the College of Engineering.

Senator Boylan asked if efforts were being made to coordinate activities to strengthen the appeal for the state’s reconsideration of the benefits-funding issue. President Lawrence responded that the president of the AAUP has expressed willingness to help and that VP Richard Norman has met with her, and that VP Nancy Winterbauer is working consistently on this issue.

REPORT OF THE REPRESENTATIVES TO BOARDS OF GOVERNORS AND TRUSTEES:  Senator Janes reported on the February 20, 1998 Board of Governors meeting, held on the Camden Campus, which included: selection of a 1998 Honorary Degree recipient, recommendations for Board of Governors Professorships, renaming of the Center for Ceramic Research in honor of Malcolm McLaren, approval of several baccalaureate degree programs, restructuring of the life sciences in New Brunswick with the establishment of the Division of Life Sciences, awarding of the construction contract for phase two of the Center for Law and Justice in Newark, approval of renovation and expansion of the Zimmerli museum and for construction of an intercampus bikeway, refinancing or refunding of several university bonds, a report from State Senator Wayne Bryant from Camden, and a report from President Lawrence on various issues. Senator Janes also asked, speaking as chair of the Senate Nominating Committee, that the Senate submit their nominations for next year’s Senate offices as soon as possible.

CAMPUS FACULTY LIAISON:  Senator Ann Watts read for Prof. Laguna-Diaz a report of the February 9 and March 9, 1998 Newark Faculty Council meetings, which included: a report from Provost Samuels, an assessment of undergraduate education by Dean Hosford, reports on campus security and the impact of the honors college, and discussion of the Middle States Report. The next meeting will be on April 13, 1998.

Senator Blair reported on the February 27, 1998 New Brunswick Faculty Council meeting, which included: a report on the state budget, committee reports, a statement of recommended criteria for determining postdoctoral associate employment status, and a report on the search process for Athletic Director. The next meeting will be on March 27, 1998.

EXECUTIVE COMMITTEE REPORT:  Vice Chair Scott reported on the February 27, 1998 Executive Committee meeting, the minutes of which are attached to these minutes.


Equal Opportunity Committee/Student Affairs Committee: Senator Pifer, chair of the Equal Opportunity Committee, presented the joint Equal Opportunity/Student Affairs Committees’ report on charge S-9504, Federally Mandated Discrimination Based on Sexual Orientation by the Rutgers University ROTC Programs. He summarized the report, and moved its first resolution: “The Rutgers University Senate finds federally mandated discrimination on the basis of sexual orientation abhorrent and condemns its practice on the university campuses. We urge the University Administration and the Boards of Trustees and Governors to join us in this condemnation.” The motion was seconded. Jim Neusch and Craig Zimberg, nonsenators affiliated with ROTC, spoke in support of ROTC. Senator Ruvolo, chair of the Student Affairs Committee, spoke in support of the report and the resolution. Senator Manhoff spoke in support of ROTC. Senator Pomper asked several specific questions about the report; Senator Pifer responded. The question was called, and the resolution passed.

Senator Pifer moved the second resolution of the report: “The Rutgers University Senate endorses the report ‘Federally Mandated Discrimination Based on Sexual Orientation by Rutgers University ROTC Programs’ prepared by the Equal Opportunity and Student Affairs Committees and urges the administration to appoint a high-level committee including students and faculty to implement its recommendations as completely as possible short of causing the University to be deemed to have an ‘anti-ROTC policy’ by the Secretary of Defense. The administration is requested to make a report in one year to the full Senate on its progress in implementing these recommendations. The motion was seconded.

Senator Pomper moved to amend the resolution as follows: change “endorses” to “receives”; change “to implement” to “consider its recommendations”; and change “as completely as possible short of” to “without.” The motion was seconded. Senator Sigel spoke in support of the changes. Senator Manhoff asked that alumni be included on the high-level committee. Senators Tao, Pifer and Borisovets spoke against the changes. The time for discussion of the report expired, and a motion to extend the time for 30 minutes was seconded and passed. Senator Rockland’s suggested wording change to Senator Pomper’s amendment was not accepted. Michael McKay, Sr., a nonsenator formerly affiliated with ROTC spoke in support of ROTC. Senator Simmons spoke in support of the amendment. After continued discussion, the question was called, and the motion to amend was defeated by a vote of 38 in favor, 33 opposed.

Senator Rockland moved to amend the resolution’s language to include “to consider implementing those recommendations that will not cause the university to be deemed to have an anti-ROTC policy by the Secretary of Defense.” The motion was seconded. Senator Sugarman moved that the high-level committee include “students, faculty and alumni that represent both ROTC and the homosexual community.” Discussion resulted in the insertion of “but not limited to” in Senator Sugarman’s suggested language. The amendment passed. The question was called on the main motion as twice amended. The resolution was approved as follows: “The Rutgers University Senate endorses the report ‘Federally Mandated Discrimination Based on Sexual Orientation by Rutgers University ROTC Programs’ prepared by the Equal opportunity and Student Affairs Committees, and urges the administration to appoint a high-level committee, including but not limited to students, faculty and alumni who represent ROTC and the homosexual community to consider implementing those recommendations that will not cause the University to be deemed to have an ‘anti-ROTC policy’ by the Secretary of Defense. The University Administration is requested to make a report in one year to the full Senate on its progress in implementing these recommendations.”

Senator Simmons moved a new, third resolution as follows: “The Rutgers University Senate requests the advice of University Counsel and interested law school faculty on the feasibility of undertaking or supporting legal action to vindicate the Rutgers University policy (which is also the policy of the State of New Jersey) against discrimination on the basis of sexual orientation in dealings with the Department of Defense. The Executive committee shall be responsible to coordinate action in accordance with this resolution, and shall report on progress at the next Senate meeting. The motion was seconded and passed.

ADJOURNMENT: There being no further business before the University Senate, on motion and duly seconded, the meeting was adjourned at 2:55 p.m. by Chairperson Crew.

Kenneth W. Swalagin
Secretary of the University Senate