Subject to Senate approval

 

REPORTS & DELIBERATIONS

OF THE TWO HUNDRED AND SIXTY FIRST PLENARY SESSION

OF THE CITY UNIVERSITY FACULTY SENATE

OF THE CITY UNIVERSITY OF NEW YORK

May 18, 1999

 a. Chair: Since last we met, there have been many events.  There was the Big Apple Job Fair, which is now larger than ever.  It had many employers coming to interview and hire CUNY students.  

              There have been several meetings of the Friends of CUNY, including one yesterday with Al Bowker.  They have scheduled a town hall meeting on Thursday, May 27th, at 7:00 pm at Goddard Riverside, located at Columbus Avenue and 88th Street.  The notice is out front.

              There was the Bronx Borough Hearing last Tuesday.  There was a grand show and tell, by the Bronx campuses of CUNY.   There was marvelous testimony by very successful students and graduates, who emphasized that they came to CUNY needing remediation.  

          Earlier that day was a breakfast at the City Council, with the major players making wonderful and supportive speeches.  As you now know, the Schmidt Report has not yet appeared.  So our conference of last Friday has been put off.  Mr. Schmidt has assured me that the report will be out by the end of the month, so that we will be able to supply our members and others with the details and proposals.  We will have the conference in conjunction with our Plenary of June 8th.  It will be our last meeting of the year, and the last meeting in this venue.  This building will not be available next year. 

              Lastly, there were some Board Committee meetings.  Several Trustees insisted on discussing the Giuliani proposals.  I felt compelled to remind the members that there are seventeen Trustees, and the Mayor is not one of them.

 b. Interim Chancellor Christoph Kimmich:   Good evening, everybody.  My report is something of a “no news” report.   I will begin with the budget.  The stalemate continues in Albany.  The City is going to release its budget on the 5th of June, whether or not there is a State budget.  We have been spending a great deal of time persuading the City Council that it should restore some of the items the Mayor left off in his proposal, and to add some further initiatives we would like to see funded. 

            We met with the Council leadership at a breakfast event last week.  Yesterday, I testified formally before the Joint Hearing of the City Council Committee on Higher Education as well as the City Council Committee on Finance.   Their questions focused largely on the terms and conditions the Mayor has put into his budget proposal -- especially the question of vouchers.  That question, as you all know, is not just a CUNY matter.  It is larger than that and therefore carries more momentum than it would if it were just a CUNY matter.  The City Council is upset about the notion of vouchers.  They clearly would like to help.  They indicated that this is high on their list of things that need to be negotiated out of the budget proposal before it becomes the actual budget.  But notice, I used the word “negotiated.”  There are always two sides to negotiation.  If something is given up, something else will be taken away.  Therefore, this is not an easy thing to consider or to look forward to.  But we do have our friends in the City Council, and they are intent on not seeing that the voucher proposal gets into our final budget. 

            There is nothing new to report on Fall admissions.  I don’t yet have the data on the latest allocation phase, which has just been completed.  I will have the data the next time around, and in the meantime will distribute it in writing to the Executive Committee.   

I don’t think there is anything new -- except for the wavering date -- on the CUNY Task Force.  The deadline is now said to be this month, early next month.     

            I do have a bit more information on the Master Plan that we are putting together for submission to the Regents.  The Board has scheduled two meetings of its Long Range Planning Committee.   The meetings will be held on June 2nd and June 9th.  On the 2nd they will look at a first draft.  In light of their initial discussions, there will be a second draft for their second meeting on the 9th.  After the Long Range Planning Committee meeting, the document will be distributed on the web.   The public hearing is scheduled for around the 20th of June, and then there will be the Board meeting as the final step before the submission.   

            What I can tell you at this point, that is, as the Master Plan begins to emerge in draft, is that we project three large sections.  One section focuses on enrollment patterns over the past five or six years and projections for the future.  The projections will depend on a number of assumptions we make about the impact of the Remediation Resolution, the impact of higher admissions standards at the senior colleges, and the Regents requirements at the high schools.  There are obviously a number of unknowns here.  What we are trying to do is to create some reasonable enrollment projections for ourselves and for the Regents to consider. 

            The second large section will be devoted to the budget -- budget history both on the operating side as well as on the capital side.  As you know, we have been quite fortunate on the latter, not so much on the former.  Other budget issues include the way early retirements have taken a toll on faculty, and what that might mean for budget concerns; the growth in and the pressures in technology, staffing for technology, and impact of technology;  the question of financial aid -- specifically, how we are proceeding, both for full-time as well as for part-time students.   Attention will be devoted also to how we project ourselves in terms of our needs -- especially on the faculty side, the technology side, and also on student services and facilities. 

Then there is going to be a large section dealing with the academic side of things.  This section will cover essentially four topics.  The first deals with the University’s responsibility for ensuring post-secondary educational opportunities for New Yorkers straight out of high school or after some time in the work force.   

            The second topic deals with the standards issue.  This issue has been on the table now for quite some time.  It includes maintaining high standards in our programs, modernizing programs; maintaining strong faculty positions, as a central anchor for our educational enterprise; and setting new standards for students.  Setting new standards clearly has to deal with admissions and with the preparation of students for college.   

            The third topic deals with special and additional opportunities for students who for one reason or another need additional help, whether these are students with disabilities or in need of child care.  This clearly is a large area, often little heralded but important.  The final topic deals with the University as a resource to the urban community and the world of business and industry.  This has to do with teacher education, with technology transfer, and the state of the art research being conducted on our campuses, and with workforce development, which focuses on what many of the community colleges are doing so effectively.   

             I have scheduled a special session of the Council of Presidents.  I will go over with them what I said to you tonight.  I want to get their reactions and input.  I informed them earlier this month that I intended to do this and that I wanted them to talk about these matters, to think about these matters, and consult as appropriate on their campuses as we move forward on the Master Plan.  Clearly, the college focus has to be central.  We are an institution that consists of colleges, and that is, as I keep saying, where the action is.    

            The last topic in my report is an update on the implementation plans that are required under the January Resolution.  They were to be submitted by the campuses on the 15th, which happened to be a Saturday.    Because of this, we extended it by two days until Monday, May 17th.  They have all been received.  They’re reasonably consistent in what they propose for implementation if and when this Resolution comes into effect.  I had to send back some of them to ask for more detail on the question of impact.  Specifically, the enrollment impact and impact on the profile of students.  I am interested in this, for I think it is an important issue that we understand badly.  No one can tell us better than the campuses, because they have a better grasp of the impact that the Resolution is likely to have on them.   

            The implementation plans will be attached to the Master Plan.    We will also summarize the general thrust of the implementation plans within the text.   I suspect that they will be discussed at the meeting early in June at the Board’s Committee on Academic Affairs where, as required by the Board, they will get a public airing.   

            I have a little time to talk briefly about a larger subject, which we’ve not had a chance to talk about but that interests me a great deal.  I thought I would want to at least say something about it, and perhaps to get your reactions later.  The subject has to do with the discussion initiated by the State Education Department on higher education in New York State -- more specifically, on the critical issues facing higher education in New York State.    

            The discussions that the State Education Department and Commissioner Mills initiated come in a context.  All of you are aware that the idea of change dominates the national discussion on higher education today -- changes that will affect everything from access to standards; from the impact of K-12 learning on college admissions; from pedagogy to the role of technology in the classroom and elsewhere.  By and large, there is a general expectation that enrollments will increase over the next decade.  There is an expectation that the need for college credentials will grow and that colleges will play a significant role in this development.  We are confronted with novelties like the University of Phoenix, and you have heard about this university without walls that is being proposed by the Western Governor’s Conference.   

            Higher education is experimenting with privatization, and both intrigued and frightened by it.  Higher education is fielding questions about access everyday.  Higher education is responding to student interests with an ever growing range of professional programs and pre-professional programs for undergraduates.  This is a clear change that we are not accustomed to with such pressure today as we are seeing.  These examples could go on, but the focus on national discussion has been on public school performance.   There have been some commissions, the Kellogg Commission and the Boyer Report, but by and large higher education is not something you hear about as elections are waged or as congressional debates are held.   What the SED proposes is to look at the issue, as it relates to, and as it concerns New York State.  The fact that higher education isn’t talked about in this State, I think is all the more notable especially when you consider that New York State houses the first and third largest university systems in the country, SUNY and CUNY, ranking number one and number three.  Together the two systems educate the vast majority of New Yorkers who want a college education.  The estimates are around 800,000 students at any one time -- an extraordinary number when you consider it is between two systems.   

             There are a total of some 300 universities and colleges in this state alone.  That’s 10% of the total in the country.  Yet, New York State is the only state that funds higher education at a rate lower than it did ten years ago.  When you think of  SUNY and CUNY’s impact on New York State’s economic fortunes -- ranging from high end technology, to state of the art research centers that are dotted across the State, to alumni who populate major offices, in law, business, industry, the academy, medical and health facilities, to the workforce that drives much of New York’s economic development.    Forget about academics for a minute.   The economic impact of CUNY alone on New York City is tremendous.    

The question arises:  how should these 300 colleges and universities in New York State fit into the planning of the future of this State? What priorities should they have in the State budget?   How can senior and community colleges play their respective roles more productively?  This is an obvious question for us, and an obvious question for SUNY.  How do we strengthen our relationships with the business world and industry?  They can be very good partners.  And indeed, we have, as you know, partnerships with private corporations affecting research, community development and employment.   How can we strengthen such partnerships, how can we put them to use?   How can we improve and ease the transition from K-12 to 13-16?  We are collaborating in many ways.  There is not an institution belonging to CUNY that is not involved in some form with the schools.  I meet on a regular basis with Chancellor Crew.  We talk about expanding our involvement in the high schools.   Indeed, there is something going on every semester that is either in an expanded form or new.   

We all know that more is needed.  The first thing that comes to mind is revenues.  We know that is one of our constant preoccupations.  It is a number one priority.  Further, more is needed in meeting our mandate as a public institution.  We have public responsibilities.  More has to be done as a matter of our legitimate claim on the public purse.  We have such a claim, but it needs to be defined and pressed even harder.  Teacher education, basic skills proficiency, and language instruction -- all very urgent needs.  We are beginning to make a dent in the public consciousness, but we have to do more.  Demographic representativeness remains a moral responsibility for all of us, a responsibility we all take very seriously.   

            There are areas in which we are already hard at work, areas that can serve as a model.  I am very pleased to say this to you, because that comes very close to what I mean when I say, there is a context, a context to what the State Education Department, the Regents, and Commissioner Mills try to do with higher education.  The Commissioner established an Advisory Council on Higher Education.  It is a large group.  It includes representatives from all sectors, private, public, and proprietary.  There are a number of CUNY presidents on the Advisory Committee; I am on it as well.  It’s not large enough for me, because it does not have any faculty.  That is a point that we drove home early on to the Commissioner.   

            The group convened last December.  It ranged broadly over the critical issues that we thought collectively faced us as New York State institutions of higher education.  By identifying some two dozen, we came up with some top priorities.  I would like you to know what they are.   One was a strong feeling that we needed to be aware and very much concerned about institutional effectiveness.  How well do we do what we are supposed to do? The public keeps asking us if we are doing your job? We should have an answer.  We should be accountable. If we are accountable, to whom are we accountable, and for what? I think these are genuine and legitimate questions.  Do the kinds of outcomes we produce as institutions, from the smallest to the largest, match the needs of society today? These are not questions we ask ourselves everyday, but they are clearly important questions. 

            A second priority was clearly the high schools and collaboration with the high schools -- the articulation of K-16.  This reflects a sense that there is a continuum in education that applies, and is of concern, to all of us.  There is a certain reciprocal relationship.  After all, we are educating the teachers who will teach the students who will ultimately apply to us.  We are setting certain admissions standards, and we expect applicants to meet those admissions standards.  It is our task to train teachers.  That is a large complex of issues that clearly deserves the kind of priority ranking.   

            A third priority had to do with technology.  A term I learned in the advisory committee was “distributed learning.”  It seems to be the offspring of distance learning.  The questions here are manifold.  How do we assure equality in this area? What is the impact on learning? Is it a different kind of learning?   It is going to be something that will affect us all as we consider technology in the classroom.  It changes qualitatively what we do.  We are not just lecturing or running a discussion group.  We are using the computer in different ways.  How do we deal with funding for all of that? That’s a question that the Chancellory and the campuses talk about almost daily.  What do we do with outsiders coming into the State? We have no control over courses that are being constructed in Texas, say, and then accessed here in New York State.  Should we have a role in this?  This is a tricky question.  Policies, approaches, implications, and impacts of technology and distributive learning were discussed. 

            Finally, the question that troubled especially the private institutions, but also CUNY and SUNY, was the question of college costs, access, and affordability.   It’s an issue that cuts right to the heart of the kinds of students we have here at CUNY.  With financial aid, to digress for a moment, we will do a CUNY-wide pilot for part-timers.  It will differ from the part-time aid program we have now.  It stands to make a difference for our students who now feel tied into a relatively restricted kind of financial aid program.  The issues of college costs do affect everybody -- depending upon economic context, economic background, ambitions, length of study, and the balance between work, family, and other obligations.   Clearly as a priority it makes good sense. 

            These four topics became the subject of discussion with some three hundred faculty and administrators at a Summit on Higher Education held two months ago at the Brooklyn Marriot.  The purpose was to raise these issues into broader consciousness, to refine them, to flesh them out, and to formulate some possibilities.  The hope was to create an agenda that the Regents can make part of their larger direction and orientation for higher education.  They then can take it to the legislature and argue for additional funding.  

            The immediate next step is a meeting of the Advisory Committee in early June.  At that point I think there will be a follow up to that large Summit to develop a clear document for the Regents to consider.  All of this, I would say, is a step in the right direction.  One might disagree with the selection of one or the other of the priorities I’ve mentioned or the ranking they’ve been given.  I don’t think anybody here or anybody I’ve talked to has said that these issues should not be included in the discussion.  For me, it is a first step perhaps, but it’s promising.  I do think we can, as an institution with the intellectual resources represented by our faculty make a significant contribution.  If we can actually develop a higher education strategy, or a higher education agenda for the State, I think we might actually get somewhere.  Let me stop here. 

            Professor Frisz (Student Personnel, Queens College) - “I just wanted to know when you get some kind of written reports from all of the campuses about their implementation of the new resolutions, can we get some copies here, so that we can take a look and see how the various campuses are planning on implementing this?” / Interim Chancellor Kimmich - Professor Frisz, I don’t see any reason why not.  Clearly the first port of call has to be the Trustees, because they asked for them.   Once they have them for discussion, they become public documents. 

            Professor Sherrill (Political Science, Hunter College) - “I want to ask a question about the talk surrounding the budget in Albany.  A reasonable estimate is that it will take at least a month between the time they decide to adopt the budget, and the date when the new adopted budget comes out.  That is, it takes ten days, to two weeks, to arrive at an agreement on revenues.  And then another two weeks or so, to figure out how they are going to be distributed.  That puts us in mid-June at the earliest, and probably mid-July.  It’s even conceivable that a budget will not be enacted when we begin classes in the Fall.  I’d like to know, what is the University doing in order to assure faculty, students, families, and so on, that we will be able to offer courses in the Fall?  Are negotiations going on with the State to continue the current budget on a day by day basis? What kind of planning is happening? Or what kind of planning might be possible?” / Interim Chancellor Kimmich - There are two things we are working on in a very preliminary stage, because we aren’t yet prepared to believe that it will be September when we get a budget.  One is, how do we deal when our fiscal year runs out on June 30th?  We are now six weeks into the State fiscal year without having a budget.  The way this is dealt with is by emergency bills, essentially extending the previous budget.  We’ve gone through that exercise at least once.  It was solved by temporary measures, which I think are valid for two weeks or so at a time.   These are measures passed by the legislature in order to keep us going, afloat, and paid.  That is one issue, and clearly is something that we will take up more seriously when we get closer to the deadline.  The other question is implicit in what you say is:  how do we assure the world at large that we are not going to close down?  That we are going to be open for business, and that we have every intention to open classes.  That is a question that we have also given some preliminary thought to.  It is too early at this point to go public on anything suggesting that we are not prepared.   Or that we are even considering that we might not open.  If we get close to that, we will clearly have to do some significant public outreach to make clear to one and all, those who have been admitted and those who are returning, that we will be there for them. 

            Professor Sank (Anthropology, City College) - “I endorse most of what you said today.  I think it was a very positive type of statement.  When you got to the area of privatization, I see it as a two-edged sword.  I think we have to be concerned at a public institution about commercialization.  That leads me into what I really want to say, our fear of politicizing the University.  In connection to that, I ask whether a public educational institution should allow itself to be used by politicians to advertise, publicize, or obtain support and endorsement of their political campaigns? Specifically by giving these politicians a pulpit at a large conference or commencement.  I did raise this question in a different way with you last month.  President Moses of City College had invited Hillary Clinton to be the commencement speaker.  Although there may be denial, she is essentially a declared, or almost declared candidate for the Senate.   I now learn that President Moses has also invited Vice President Gore to be a speaker at a conference on Hispanic education.  Both of these individuals are candidates, or almost declared candidates for political office.  I just worry that by doing that, we are really starting a process by which we are sending a very confused message to our students.  We are in a sense indicating endorsement of a particular candidate.  I just wondered if you agree with this in any sense.  Whether there is some way of presenting it to the Board of Trustees.   There should be some rule for persons who are declared or almost declared candidates, not to be public speakers at such events.   I would very much strongly endorse having forums where all the candidates for public offices, the Senate, the Presidency, are invited to the campus to speak.  That would be an appropriate use of an educational institution.  I don’t think it is an appropriate use to have one partisan candidate.  We are living in a political world.  I wondered what your reaction to that is?” / Interim Chancellor Kimmich - This is obviously a complex question.  What do we do about politicians in general? We have a number of sitting politicians speaking at commencements this year.  Is it an endorsement of Senator Schumer, if he speaks at Hunter?   I think it is a legitimate question to ask ourselves, are we endorsing anybody who has a political position -- whether they are declared candidates or likely to be declared candidates, or sitting politicians.  I think it is a question that we haven’t tackled very seriously, but I think in the case you raise, it raises for me the question, what does it mean to be almost declared? What sort of litmus test do we apply to people who have greater ambitions?  My short reaction to your question would be to say I would be reluctant to abridge the possibility that colleges have, at this point, to reach out to declared, undeclared, possibly-declared candidates, just because of what might ultimately happen.  I think once we open that door, we open a door I’m not sure we want to open. 

            Professor Cooper (History, College of Staten Island) - “I’ll try to be fast.  You know what the NCAA case in Pennsylvania led to in terms of a ruling about using SAT’s to predict graduation.  The judge has so far declared this as not a possibility.  It has opened up the whole issue of testing, finally into the courts on the federal level.  Thinking with that as a background, I’m wondering whether or not anybody in central administration has done an analysis of that NCAA decision, with potential regard to us.  Because frankly, one of the most persistent rumors that’s being dropped by the Schmidt contingent was the probability of a very strong recommendation that CUNY goes over to use SAT’s like everyone else in the country does, for the admission of students.  I’m just wondering whether or not we have done any kind of thinking about studying that NCAA decision and implications for using a test that is at best considered reliable for first year performance, and certainly not for graduation and success in college.  Is there anyway that you can get a group of folks together to do something on this before the Report is released?” / Interim Chancellor Kimmich - We wouldn’t be doing our job if we hadn’t studied that particular case very carefully.  I don’t think there is anybody in the Chancellory who thinks that using a single test to determine a major outcome is the proper way to go.  We are in good company here.  The College Board warns everybody against using the SAT’s as a single measure, discounting GPA and several other things you might want to use for admissions.  That point is certainly not lost on us. 

            Professor Greenbaum (History, Queensborough Community College) - “Do you know if there has been any movement at all on the different proposals for the increase in the per capita for the community colleges, between the Senate and the Assembly?” / Interim Chancellor Kimmich - There has been no change since we last talked about it, $150 in one, and $75 in the other.   

            Professor Vozick (Science, Borough of Manhattan Community College) - “It’s great to hear your interest in the future of CUNY, and projecting work to try to get more public recognition.   Although I must say that I am a little concerned about the top heaviness of the context you describe.  I have two questions.   The first is about the problem of who speaks out for the students at CUNY.  Obviously everything we do is directed at helping the students.   Nonetheless, we don’t hear voices in the current public dialog, in any way, seriously speaking out for the students in any way I can recognize.  I personally find this troubling.  When I talk to my students I think they subtly find it troubling.  I’d like to hear your thoughts on your own role, or whose role you think it is to do that? The other had to do with discussing the conference.  You mentioned that one of the points was that public trust is a crucial trust of what CUNY has to have, build, and foster.” / Interim Chancellor Kimmich - Higher education, really. / Professor Vozick - “Absolutely, public higher education, but us especially too.  As I see it, and also historically, CUNY has been the hope for ordinary working people.  It’s the place your kid can go if they can’t get into other places.  I just don’t see that.  I didn’t hear that at all in the planning of the conference.  I find that it is almost a passe way of thinking, as if it was dated.  I think it is very much a 1999-2000, 2010 reality for CUNY.   That would be the second question I would like you to try to address or share your thinking about. / Interim Chancellor Kimmich - Let me start with the second one first.  Remember, this is not a conference so much about CUNY, as it is about higher education.   It covers public, private, proprietary, and every other kind of education.  My contribution to this one is to bring to bear the mission we have as an institution.  You have defined it very nicely.  We have a strong and special role to play in higher education in New York State, particularly in New York City, but not only in New York City.  I think the urban side, the urban role, is shared across the country.  As to your first question.  I’m a bit troubled to hear you say that, for two reasons.  One is that, our structure certainly provides opportunities for individuals whose job it is to speak out on behalf of students.  Although they may not say the right things, and they may not be heard by everybody.  Everybody from student government, the presidents, to student senate, to the dean at the central office, to the student affairs people on the campuses, are concerned about students.  I’m also troubled by what you say, for a second reason.  When I do speak, it is one of the things I talk about all of the time. 

c. Faculty Members of Board of Trustees Committees (written)            

IV. Nominations/Election for Members-at-Large of the Executive Committee 

Chair Sohmer - At this point, I will turn the floor over to Maria Rodriguez, who will instruct us on what is going to happen. 

Professor Rodriguez - This is our rite of Spring.  Ruth Grossman is my assistant from City College.  Senator Norton is from New York City Technical College.  Bill Phipps and Stasia Pasela are our liaisons and the people who make the committee run.  You should have got these wonderful University Senate ballots.  Tonight we are going to vote for the five positions for the Members-at-Large.  The officers are voted in for two-year periods.  Last year was the election for officers, at which time Professor Sohmer was selected as Chair, Professor McCall as Vice Chair, Professor Kaplowitz as Treasurer, and Professor O’Malley as Secretary.   

            This year we are going to be voting for the five at-large positions.  In your packet you should have received statements giving you background information on the Senators.  Not everyone sent in a statement.  The way the procedure goes is that each nominee will get to speak for two minutes.  We will collect the ballots and the five highest in the tally will then comprise the rest of the Board.  If there is a tie, we will have to have a run-off.  If your full delegation is not here and you are an alternate, you can vote.  You can get an official ballot from Stasia.      

            We have nominations.  However, if there is anyone else whose name was not put into nomination last month, and would like to have their name included in the election, please tell us.  Are there any other nominations for member-at-large? 

            Professor Crain - I would like to nominate an ardent spokesman for the part-timers, and other distant franchised members, Mike Vozick. 

            Professor Rodriguez - Are there any other nominations? The candidates will go in alphabetical order. The candidates have two minutes to make presentations.   As you are approaching your two minutes, I will let you know that you have about 10 seconds.  At this point you should be approaching your closing.   

[Nomination Speeches made by Senators] 

            Professor Rodriguez - You have your official yellow ballot.  You can vote for any number of candidates from 1- 5 people.   Ruth, Elizabeth, and myself will be collecting the ballots.  As soon as we have the first tally we will tell you.  

            I’d like to congratulate the following five Senators.  I will put the top five results up who are elected as at-large Members.  Congratulations Senators: Friedman, Sherrill, Bell, Beaky, and Greenbaum.  We wish you a wonderful tenure.   

V.         New Business 

a. Professor Crain moved the Resolution on CUNYTALK, which was seconded. 

            Chair Sohmer - Cecelia McCall has agreed to take the Chair.  Let me just respond as the local pachyderm.  There are all kinds of legal problems which will cause CUNYTALK to be shut down, were it to continue ad libitum as it is now.  We collectively do not want to shut it down.  But we cannot keep it on the CUNY server without knowing that it will, in  relatively short shrift, be shut down.  This is because the users are not obeying the University rules.  One way of obeying the University’s rules is to have a moderated list.   Clearly for some reason or another, that seems to be offensive.  I would sooner not moderate the list; I don’t want to spend my time doing that.  I think the list is useful.  We are perfectly willing to facilitate migration to a server that is not a CUNY server, for a list which anybody can have.  It is a decision which has to be made, and it will be made in the Executive Committee. 

              Professor Perlstein (Faculty Governance Representative, Borough of Manhattan Community College) - I recognize that freedom of speech is burdensome.  The UFS initiated CUNYTALK.  Having let it evolve as an un-moderated list, I think UFS has an obligation to continue with an un-moderated list.  No matter how burdensome this may be.  I think that all of the work and the difficulty is not a justification for a faculty body to restrict free speech.  I think that the Executive Committee has an obligation, instead of vague illusions to its legal liability, instead to spell out exactly who is threatening what, and to let us mount counter arguments and a counter legal case.  I am very much in favor of this resolution. 

            Professor Cooper (History, College of Staten Island) - The CUNYTALK was established initially as a project by an adjunct, Anthea Tillyer, and Dean Savage, who couldn’t be here tonight.   It was created in order to help faculty and CUNY learn about the new technology.  It came out of a Faculty Senate Conference about four years ago.   In fact, it wasn’t called CUNYTALK originally.  The original purpose was to educate ourselves about the new electronic technology and e-mail.  Many of us knew nothing about it at that point.  The availability of the technology was very spotty around the University.  In the last four or five years it’s obviously grown.  Even though it has vast numbers of people, I would wager half the membership of the Senate are not on it.  There are campuses which are still using rotary phones.  About a year ago when I was still Chair of the Senate, I asked Anthea Tillyer if she would see the list ownership to the Senate office, because frankly I was worried about her own status as an adjunct professor.  I was getting nervous over the fact that this individual, who had donated an enormous amount of her time, was being nastily and viscously attacked by so-called colleagues.  These colleagues were complaining about the way the thing was run.  Furthermore, I was also getting nervous about some of the issues which have been raised here, the legal liability, the copyright.  I started to plead publicly with people to control themselves.  The more I did that, it had exactly the opposite effect.  We moved the list into the Senate Office.  Bill Phipps is the Executive Director of the Senate.  He is not a faculty member or tenured member of CUNY, but an employee of the Research Foundation.  He found himself being attacked personally, by some of our dear, not very thoughtful colleagues.  Then we moved it out, so that Bill wouldn’t be the object of these attacks.  I got plenty of them personally.  I’m not getting up here to give a sour grapes talk.  You frankly have no idea how rotten some of your colleagues can be.     The legal issues continue to get more and more difficult.  Because of the fact that the Senate has reasonably good relations with the people at 57th Street, they weren’t putting the screws on us too much.  That situation is changing and changing radically.  The problem we face is that this list, for many of us, no longer serves a purpose.   It serves a different purpose.  It serves a purpose for people who have other issues than what CUNYTALK’s initial purpose was two or three years ago.  I know the history.  It is wrong to assert that this is a project of the Faculty Senate.  It was a project of a few colleagues of ours.  They created it for us to use, with the thought that it would help create a community.  The Senate ended up de facto managing it in the last year, frankly because we didn’t know what else to do.  It was largely my fault, because I really did not want this adjunct to be in such an exposed position.   We did not think through the legal responsibilities.  I repeat, it was not our intention to create what some of you think has been created.  For those of you who haven’t had access to this, or don’t use this technology, you probably think this is a conversation from Mars.   

            Professor Frisz (Student Personnel, Queens College) - I call the question. 

            Chair Sohmer - All those in favor of calling the question, please raise one green card.  All those against calling the question? Twenty-seven to thirteen, the question is called.  This is on the question of the CUNYTALK resolution.  The Resolution is before you.  All those in favor of the Resolution, please raise a green card.  All those against? The motion fails. 

            Professor Marshall (English, Queens College) - At Queens College recently, we were notified by a member of the Academic Senate on campus that the admissions standards at the college had changed.  That the President wanted them changed, and they did change, and new admission standards were in effect.  They were being utilized this year.  It’s my understanding that such a change, apart from being passed by the Academic Senate, and it is not clear that that happened, would have to be passed by the University Faculty Senate.   Is that not right?  

            Chair Sohmer - Unfortunately, historically, the admissions standards at each campus, were a discussion between the college president and the Chancellor.  At some campuses, they insisted that the by-laws be obeyed, which say that admission criteria have to do with the faculty.  But that’s local on the campus.  There were ones that came up at the Faculty Senate last year.  A number of campuses’ admissions standards were announced as part of the Minutes.  Those were only some campuses where that applied; at other campuses, that is not the case. 

            [Unidentified Speaker] - Bernie, a clarification on this.  Each local campus does have jurisdiction. / Chair Sohmer - They do, but if you think about practice, the practice on most campuses for thirty years has been a presidential conversation with the Chancellor.  We have pushed for the individual faculty senates to reassert their authority. / [Unidentified Speaker] - As I recall, you signed, under the New York Court of Appeals, an agreement which re-asserted faculty authority over this. / Chair Sohmer - Yes. / [Unidentified Speaker] - So that would seem to preempt all those thirty years, since the Court of Appeals is the ultimate court. / Chair Sohmer - It is Article 8.6, if I remember correctly. 

            Professor Cooper (History, College of Staten Island) - I just wanted to make a different announcement altogether.  The Interim Chancellor talked about the Long Range Plan that is going to be debated in June.  Into that Long Range Plan will be inserted the Remediation Proposal.  Some of us, after a year of campaigning, notably the Friends of CUNY,  have gotten the Regents to agree to a public hearing on the CUNY Master Plan, in New York City, on September 8th and 9th.  You might want to make note of this now.  We will certainly get the information out, when, where, and what kind of testimony they will allow.  People who had all that wonderful testimony organized for the Schmidt Commission might want to dust it off and use it.  This would be particularly important for faculty who have been around for a long time, and who have some long range experience with successful students; also, students who have gone through remediation and graduated.  Perhaps we can contact some of the alumni, who spoke at the Schmidt Hearings and the Board of Trustees Hearings over the last few months.  This is really the best chance we have.  I hope I’m wrong, but I’ve lost faith in the lawsuit I’m involved in over this.  The Regents also have notified the court that they will not oppose the review of CUNY’s Trustee Resolution.  Therefore, Attorney General Spitzer has pulled the State Attorney General’s Office out of representing CUNY in court against the Regents because the State Attorney General cannot represent one body of the State against another body of the State.   This will mean that CUNY will go hire a private lawyer and continue to fight.  But it also means that the Regents have gone into court and announced that they plan to review this Resolution.  Those of you who follow the fine lines of this issue will recognize that this is something of a victory for a battle we’ve been waging since last June with the Regents.   It is our last hope to get it reversed in September, before it would go into effect for the January 2000 class that would enter the four senior colleges.

            Professor Frisz (Student Personnel, Queens College) - On information in terms of my colleague at Queens College and the Academic Senate problem with the admissions committee -- our Academic Senate is empowered through our Governance Body to make decisions about admissions policy.  We made changes in admissions policy in 1995 or 1996 when the new President came in.  At that time the changes went through the right channels.  This time, the Admissions Committee goofed.  They did not bring it to the Senate; they sent it forth to 80th Street.  The Senate presented its resolution a couple of weeks ago, to reverse any decision that was made about a student, based on this policy.  We were informed that, once a policy had been made, gone through Academic Affairs, and students admitted, the policy could not be changed in the middle of the year.  As I raised at the Senate meeting last week, it doesn’t mean that we can’t revisit the issue with the Admissions Committee, and change the policy again to make sure it goes through proper channels.  It has never gone through the UFS in terms of Queens College.  It goes through the Queens Governance Body, directly to 80th Street. 

            Chair Sohmer - May I hear a motion to adjourn?