September (1 resolution)

**Adopted unanimously**

Whereas, The NY State Board of Regents is reviewing the CUNY Master Plan Amendment, which bars students with any remedial needs from admission to the university's bachelor's degree programs; and

Whereas, The Regents will decide by the end of this year (December, 2002) whether to continue this admissions policy; and

Whereas, The National Center for Educational Statistics reports that 85% of the nation's public senior colleges offer remedial courses, and SUNY's senior colleges offer remediation as well; and

Whereas, These colleges, nationwide and at SUNY, primarily serve white middle class students. It therefore strikes us as unfair to deny CUNY students, who are predominantly poor and students of color, the same remedial opportunities; and

Whereas, CUNY has not shown that the tests it uses to bar students from the bachelor's degree programs predict success in CUNY courses and thereby meet the customary standards of test validity; now therefore be it

Resolved, That the University Faculty Senate urges the New York State Board of Regents to end the CUNY admissions policy that excludes studentswith any remedial needs from the bachelor's degree programs. CUNY should develop an admissions policy that is more flexible and valid, and be it

Further Resolved, That the University Faculty Senate urges the Regents to direct CUNY to develop an admissions policy that is more flexible, valid, and responsive to the needs of our students.

***

October (1 resolution)

**Adopted without dissent**

The University Faculty Senate endorses the following recommendations and urges the State Board of Regents to adopt the following measures that would modify implementation of the 1999 Master Plan Amendment:

1. Students who have failed one test, either reading, writing, or mathematics, should be allowed to register provisionally in a baccalaureate program in a four year college at the University with up to one year to pass the additional exam.

Explanation: Students who pass two out of three tests have demonstrated through previous studies of students’ success conducted at the University their ability to succeed at the senior colleges at rates that are about the same as those students who have passed all three exams. University experience shows we have developed successful strategies to help these students gain the required competencies and they should not be barred from the senior colleges. This would serve the same students as Prelude to Success without the additional administrative complications and allow students to really matriculate at the campus of their choice.

2. SAT exemptions should require a writing sample.

Explanation: Students should not be exempted from a writing assessment test on the basis of a multiple-choice instrument. Some writing samples like the optional one now being offered on the SAT (which could be forwarded to the University) is a better option.

3. The CUNY admissions (basic skills) test policies should be examined. It should be determined whether the ACT tests in reading and writing have reliability and validity for CUNY students. In addition, exemptions from these assessments on the basis of the New York State Regents examination in English and mathematics should be re-examined.

Explanation: The Regents in their November 19, 1999 approval of the CUNY Master Plan required that it be demonstrated that the ACT would be reliable and valid for CUNY students. It is of particular concern that the population taking this exam is a small portion of the entering freshman class (those who get a 75 or higher on the Regents or a 480 on the verbal SAT are exempt) and, therefore, an analysis of these results may misrepresent the reading and writing competencies of CUNY students. It is important that CUNY make the data from the tests and their analyses available for CUNY researchers to review.

4. ESL students should continue to be allowed ESL courses.

Explanation: ESL students who are exempt from passing the CUNY assessment test in reading and writing (though they must pass in math) should be allowed to take ESL courses even though these courses are developmental in nature and in structure.

5. SEEK students who may enter the senior colleges even if they have not passed the assessment tests should be allowed developmental or compensatory courses in the SEEK departments or programs.

Explanation: SEEK students who are allowed to enter the University without passing the assessment tests should not be limited to supplemental instruction. SEEK departments should offer compensatory and/or developmental courses by the SEEK departments in order to give them the best possible start in college using proven successful strategies. They should be allowed, as are ESL students, to have appropriate classroom instruction, not just supplemental instruction.

6. Students who have passed the MSAT should be allowed non-credit math courses above the level of the required Parts 1 and 2 of MSAT (arithmetic and elementary algebra), but below the level of pre-calculus.

Explanation: Mathematics Departments in CUNY who do not wish to give credit for intermediate algebra or trigonometry cannot offer these classes. Therefore, students who have not completed Sequential 2 or 3 math in high school but who have passed the assessment test are faced with a two-year gap between their MSAT level skills (elementary algebra) and the appropriate college level mathematics courses in which they must enroll. Instruction in non-credit courses should be allowed for students needing these college level math courses for their majors but who do not have the requisite algebra and trigonometry skills necessary to enroll or succeed in credit-bearing courses.

7. Students’ success within their first two semesters should be monitored with the following variables:

ACT writing scores 6, 7, 8, or higher

ACT reading scores above and below 65 (14 raw score)

Regents exemptions

SAT scores – verbal

SAT scores – math

H.S. average

H.S. grades in English

H.S. grades in math

Gender, age, race

Explanation: The Regents should examine the success of students after 1, 2, 3, and 4 years who have entered CUNY with various ACT scores, Regents scores, or SAT exemptions. They should look at their high school averages, gender, age, and race along with their success rates.

8. Students who were not accepted to a baccalaureate program at a senior college should be tracked to see where they enrolled for their freshman year of college.

Explanation: Students whose first choice is a senior college but who were offered enrollment in a community college should be surveyed to see if they accepted their assignment to a community college or if they enrolled at another institution outside of CUNY.

9. The success of transfers exempted from the assessment tests should be monitored and compared to "home grown" students.

Explanation: Students who have completed 45 credits at non-CUNY schools are exempted from the assessment tests. It is important to understand if these students will succeed as well as students who transfer from within CUNY and must pass the assessment tests before transferring.

10. The Regents should continue to monitor the impact of the end of remediation for three more years (for a total of five years).

Explanation: It is important that the Regents be able to monitor the impact of the end of remediation at the senior colleges for a period of years that will allow two classes who entered the University under this ruling a chance to begin to graduate. Only after a longitudinal study long enough to allow two cohorts of students to graduate can we begin to see the impact of this policy.

______

Note: On September 4, 2002, members of the University Faculty Senate Executive Committee met with five college presidents designated by the Regents as a committee to advise them on the CUNY Master Plan and the end of remediation. Members of the Regents Committee asked the University Faculty Senate Executive Committee to articulate its recommendations to the Regents.

The Executive Committee of the UFS and the Council of CUNY Governance Leaders have endorsed the above recommendations.

***

November (1 resolution)

**adopted unanimously**

Whereas, the New York Structural Biology Center is a New York State 501(c)(3) corporation with a Board representing nine institutional members that include the Albert Einstein College of Medicine of Yeshiva University, the City University of New York, Columbia University, Memorial Sloan-Kettering Cancer Center, Mount Sinai School of Medicine, New York University, Rockefeller University, Wadsworth Center of the Department of Health, and the Joan and Sanford Weill Medical College of Cornell University, and Whereas, the Center will house the largest and most advanced cluster of high-field magnetic resonance research magnets in the Americas, and

Whereas, CUNY has two representatives serving on the Governing Board of the Structural Biology Center, one being CUNY's Executive Vice Chancellor for Academic Affairs, the other being a faculty member, and Whereas, it is traditional in CUNY governance that the faculty member of governing boards of CUNY-related institutions be named by CUNY governance bodies,

Therefore, Be it Resolved, that the CUNY faculty representative on the Board of Directors of the New York Structural Biology Center shall be named by the University Faculty Senate after consultation with appropriate Senate committees.

***

December (2 resolutions)

**Adopted unanimously**

Whereas, issues involving academic freedom in the City University of New York following the events of September 11, 2001 have been discussed and debated, and

Whereas, there are a number of existing guidelines and documents both within and outside the City University of New York that address issues involving academic freedom, and

Whereas, these documents include the following attached texts, in reverse chronological order:

· "Academic Freedom of Individual Professors and Higher Education Institutions: The Current Legal Landscape", by Donna R. Euben, Staff Counsel, AAUP (May 2002) http://www.aaup.org/Com-a/aeuben.HTM

· Resolution by the University Faculty Senate affirming academic freedom (passed at the Dec. 11, 2001 Plenary)

· Statement by Committee A of the AAUP (November 11, 2001)

· Statement by PSC President Barbara Bowen (October 15, 2001)

· Joint statement by Vice Chancellor Benno C. Schmidt and Chancellor Matthew Goldstein (September 24, 2001)

· PSC Resolution that called for CUNY to be a safe harbor for people and ideas (September 20, 2001)

· Agreement of CUNY and the PSC defending academic freedom (July 6, 1998) http://www.cuny.edu/cuny-psc/preamble.html

· "Academic Freedom and Electronic Communications" - AAUP’s Committee A statement (June 1997)

http://www.aaup.org/statements/SpchState/Statelec.htm

· The Council of President’s 1973 reaffirmation of academic freedom

· 1964 Committee A statement on extramural utterances

· 1940 AAUP statement and the 1970 interpretative comments

Therefore, Be It Resolved that, in addition to the above documents, the University Faculty Senate recommends that each college’s instructional staff policy be revised to include an updated section on academic freedom, and

Be It Further Resolved, that this list of written policy guidelines be sent to all faculty governance leaders and shared with local faculty senates and/or college councils, as well as with all full and part time faculty at the CUNY campuses, and also be forwarded to all interested parties at CUNY Central, and

Be It Finally Resolved, that all faculty, full and part time, should be officially informed that the University Faculty Senate has an Academic Freedom Committee, which is charged "to examine cases from the campuses of alleged violations of academic freedom in the University", and that the existence of this committee should be widely advertised on all campuses.

**Adopted unanimously**

Whereas, the Carl D. Perkins Vocational and Technical Education Act currently funds essential educational services in CUNY’s six community colleges and in four of its senior colleges, and

Whereas, those funds support tutors, career counselors, computer lab technicians, staff for disabled students as well as numerous professional development programs that enhance student success, and

Whereas, those funds amount to over $5 million for the six community colleges and over $2.8 million fOr the four senior colleges, therefore

Be It Resolved, that CUNY’s University Faculty Senate supports continued full funding of the Perkins Act.

***

January (1 resolution)

**Adopted unanimously**

Whereas, Two years ago, the CUNY Chancellor introduced Performance Management Measures to evaluate the work of the presidents of CUNY colleges, and

Whereas, The performance of each President in meeting the performance goals and targets is translated into the annual salary increase each President receives as well as into the amount of monies each President receives annually to divide among those on the President’s Executive Compensation Plan (ECP) – those holding the title of full dean or above – based on each person’s performance in helping the President meet those targets, and

Whereas, These Performance Management Reports are now posted by the Chancellery on the CUNY portal at http://www.cuny.edu/resources/performancetargets/ , and

Whereas, One of the measures is, appropriately, students’ views, opinions, experiences, and perspectives as measured by a CUNY Student Experience Survey, which is administered at each college by CUNY’s Office of Institutional Research, the results of which are also provided to each college’s administrators so they can better meet the needs of students, and

Whereas, The CUNY Student Experience Survey long predated the Chancellor’s Performance Management measures because of the recognition that it is important to know students’ opinions and perceptions of their college experience, and

Whereas, The views, opinions, experiences, and perspectives of CUNY faculty are also of importance to all members of the City University of New York and to the members of the individual colleges of CUNY, and

Whereas, Many if not most of the targets and goals by which each President is measured in the Chancellor’s Performance Management Reports are the direct result of the work of the faculty of that college, and

Whereas, No Faculty Experience Survey has yet to be administered by the CUNY Central Administration, therefore be it

Resolved, That the University Faculty Senate requests that the CUNY Central Administration join with the UFS in developing a CUNY Faculty Experience Survey, and be it further

Resolved, That the results of each college’s Faculty Experience Survey be shared with the faculty of that college, and be it further

Resolved, That the CUNY Faculty Experience Survey be added to the measures by which college presidents are evaluated in the annual Chancellor’s Performance Report of each president.

***

March (2 resolutions)

**adopted 61-1-2**

Whereas, Chancellor Matthew Goldstein overrode the decision of the Brooklyn College promotion and tenure process, including three levels of committees and the President, and

Whereas, he did not follow the established university by-law procedures for appeals and grievances, and

Whereas, the UFS reaffirms its commitment to campus-based promotion and tenure processes,

Therefore, Be It Resolved, that the UFS calls upon the Chancellor to affirm a policy of non-interference with established campus and university governance and contractual procedures, including appeals and grievances, and

Be It Further Resolved, that if there is a dispute after proceeding through all the stages of appeal and grievance, the Chancellory must follow due process with fair hearings of all parties including the campus promotions and tenure committees, faculty members, and the President, and

Be It Finally Resolved, that any promotion and tenure decision should follow the Board of Trustees by-laws and be based on academic criteria.

***

**Adopted 49-2-4**

Whereas, accepted and revered traditions at all leading research and educational institutions and public and private foundations require that the merit of research proposals and related funding decisions be made only through peer review; and

Whereas, CUNY receives from a number of sources, including the operating budget, the capital budget, special state appropriations, and general purpose grants from public and private foundations, allocations for the purchase of equipment and for the support and initiation of research and/or graduate studies at the University; and

Whereas, by law, public institutions have the responsibility to demonstrate that funds received from public and private sources are allocated and awarded through a fair, open, competitive and deliberate process; and

Whereas, in those instances where peer review had been used at CUNY, such as in the PSC/CUNY awards program, it has proven to be successful and it continues to be perceived by both faculty and administration as a fair and equitable basis for projects funding and for the distribution of limited University resources; therefore

Be it resolved, that all received allocations, except from the capital budget, for research initiation (excluding start-up funds for new faculty), research support and equipment purchases, irrespective of the source and managed by the CUNY Office of Academic Affairs, and which are not restricted by the donor to benefit exclusively specified programs/institutes, be widely publicized in a timely manner throughout the different campuses and on the University web site, and that decisions on funding of proposals submitted to share in any of these allocations/funds be solely a result of a faculty dominated peer review process based on merit and potential; and

Be it further resolved, that equipment and other research support allocations in the capital budget be subject to the approval of affected faculty before capital plans are submitted to the State or the Dormitory Authority, and

Be it finally resolved, that the Chair of the University Faculty Senate, in consultation with the appropriate Senate committees, negotiates with the Chancellor the mechanisms and structures required to fully implement this plan before September 2003, and that the protocol concluded between the FAC chair and the University Dean for Research be used as a template for those mechanisms and structures.

***

April (3 resolutions)

**Adopted unanimously**

Whereas, students who entered CUNY prior to Fall, 1999 had been exempt from the CPE if they were able to graduate before September, 2003; and

Whereas, students who transferred to CUNY prior to Fall, 2000 had also been exempt from the CPE if they were able to graduate before September, 2003; and

Whereas, students entering prior to Fall 1999 or transferring prior to 2000 had not been informed officially that they had to take the CPE before this current (Spring, 2003) semester or if they did not graduate by August 2003, they would be subject to the CPE exam requirement ; and

Whereas, it is now unfair to require that they now take this exam after having been allowed to proceed towards graduation without being required to take the CPE; therefore

Be it resolved, that these students continue to be exempt from this exam.

**Adopted unanimously**

Whereas, CUNY faculty are reporting an increase in the number of plagiarized and improperly or inadequately documented papers they receive, and

Whereas, A University-wide program and initiative is needed to prevent and address problems of plagiarism and cheating by students, and

Whereas, The easy access to material on the Internet, including both free and for-purchase term papers, is viewed by many faculty as a contributing factor to this serious academic situation, and innumerable websites on the Internet pose a challenge for faculty who wish to prevent plagiarism and who wish to respond effectively and appropriately to suspected and actual plagiarism, and

Whereas, In recent years, CUNY students have cited plagiarism by students as one of their issues of concern, and

Whereas, Colleges have available many resources to deter and to verify suspected plagiarism, such as providing to faculty online subscription services like turnitin.com and plagiarism.com that allow faculty to compare papers with extensive databases of billions of documents, and

Whereas, The Chancellery has established a Taskforce on Academic Integrity,

Therefore Be It Resolved, That the UFS recommends that the Taskforce include in its study the possibility of subscribing to a web-based company such as turnitin.com or plagiarism.com as well as study policies and practices at CUNY and elsewhere, and be it further

Resolved, That the University Faculty Senate recommends that the work of the Taskforce be only one part of a larger CUNY-wide course of action to define academic integrity and plagiarism and to address and deter problems of plagiarism, and that this larger CUNY-wide course of action – which may be part of the work of the Taskforce – include the education of students about the issue; faculty development programs to provide faculty, including adjunct faculty, with information about best practices; and the posting of links on the colleges’ and CUNY homepage to provide students and faculty with information that is easily available and that can be accessed privately and as needed, and be it further

Resolved, That should the Taskforce recommend and the Central Office concur that CUNY shall subscribe to an online company such as turnitin.com, the UFS recommends that it shall be University policy that all CUNY students be informed of this fact and be informed on a regular basis so as to provide a deterrent to plagiarizing others' work and also to provide a deterrent to the purchasing or borrowing of work written by others, which might have been plagiarized by the seller or lender of that work, and be it finally

Resolved, That the UFS recommends that the Taskforce consult with the UFS and other relevant groups and report its recommendations for comment with regard to best practices, policies, and services.

**Adopted unanimously**

Whereas, a free and open atmosphere is vital to a university; and

Whereas, The City University of New York is very much an international community, with students and faculty from many countries making valuable contributions to its intellectual life; and

Whereas, recent federal government polices include

(a) the requirement that all colleges register all international students with the Bureau of Immigration and Customs Enforcement through the SEVIS system and report any student's change in course-load or major to the bureau;

(b) a Patriot Act clause that empowers federal agencies to inspect all library patrons' records without any notice to the patrons-a power opposed by the American Library Association; and

(c) the Special Registration program that requires males over the age of 16 from numerous countries who are not U.S. citizens or green card holders to report to the Bureau of Citizenship and Immigration Services, subjecting both those who do report and those who do not report to possible arrest; now therefore be it

Resolved, that the CUNY University Faculty Senate objects to such federal government surveillance policies which undermine the free and open atmosphere of its campuses and which create fear and intimidation among the international students and faculty that belong to its collegiate family.

***

May (1 resolution)

**Adopted Unanimously**

Whereas, there are recommendations on Information Literacy of the CUNY Council of Chief Librarians (attachment A); and

Whereas, there are guidelines for Technological Literacies in a draft of recommendations of the CUNY Task Force on Educational Technologies (attachment B); and

Whereas, there are recommendations of the Association of College and Research Libraries (attachment C); and

Whereas, there is currently a project concerning General Education at CUNY being conducted by the Office of Academic Affairs; and

Whereas, it is in the Master Plan for CUNY that there be more integration of information and educational technologies into the classrooms and the instructional programs,

Be it resolved, that the UFS recommend to the CUNY Office of Academic Affairs that such reviews of General Education programs and requirements include the guidelines and recommendations related to Information and Technological Literacy from the sources cited above, and

Be it further resolved, that the UFS obtain from the CUNY Office of Academic Affairs a report on the status of the university undergraduate degree programs with regard to such literacies by 2007, and

Be it finally resolved, that the UFS urge the Office of Academic Affairs, as it proceeds in this task, to ensure strict and thorough compliance with the Americans with Disabilities Act.

SEPTEMBER 2003

The Resolution on Distinguished Professorships

adopted unanimously by voice vote:

Whereas, the University Faculty Senate wishes to ensure that all faculty are knowledgeable about the Distinguished Professor appointment process, including criteria, eligibility and nominating procedure, and

Whereas, a number of CUNY documents that offer guidelines and information on Distinguished Professorships has been posted on the UFS website at (http://www.soc.qc.edu/ufs/Distinguished%20Professors.htm),

Therefore Be It Resolved, that the University Faculty Senate advertise the availability of these documents on the UFS website so that all CUNY faculty, department chairs, P and B governance bodies, and administrators, may be well-informed about University policy in order to ensure the integrity of the Distinguished Professor appointment process.

On another matter, there was agreement in principle, unanimously except for one dissent, to several propositions arising from the latest program offered by the School of Professional Studies ("Earth: Inside & Out" in conjunction with the American Museum).

-That if a course is to be offered to CUNY matriculated students, it must be submitted to appropriate college curriculum committees for formal approval or be run initially as an experimental course

-That faculty teaching in this program and other similar programs in the future be formally approved by college P & Bs

-That courses run by the School of Professional Studies should not be offered to matriculated students at CUNY campuses.

The Executive Committee was charged to put these thoughts into written form, to be distributed to all concerned parties.

DISPOSITION:

OCTOBER 2003 - none

NOVEMBER 2003

Resolution Supporting Assemblyperson Ron Canestrari’s Bill on Testing:

Whereas, The University Faculty Senate on February 15, 2000, adopted a model admissions policy that opposes the use of standardized test cutoff scores as the single predictor and encourages, in many cases, the evaluation of qualitative information (e.g., letters of recommendation and projects) as well as quantitative data; and 

Whereas, The UFS is deeply concerned about the weak predictive validity of the ACT, SAT, and Regents tests that CUNY now uses for admission to bachelor’s degree programs and proposes to use for some associate degree programs;

Whereas, standardized tests invariably seem to produce lower results for low-income students and students of color; now therefore be it

Resolved, that the University Faculty Senate supports NY State Assembly Bill A 07143 (Canestrari) and its equivalent in the NY State Senate (S 289, LaValle), which precludes CUNY and SUNY from "the use of a standardized test or combination of standardized tests as a cut-off for admission" and which encourages "a review of a student’s entire academic and community portfolio in determining admission."

The resolution was unanimously approved by the Senate.

DISPOSITION:

DECEMBER 2003

New Business - The following member’s item was referred to the Executive Committee: 

Resolution on ACT Writing Test and the Master Plan 

Whereas, the University Faculty Senate has repeatedly raised concerns about the ACT skills tests, including the absence of data on their validity and reliability and the lack of faculty consultation in their development (see resolutions of April & Sept. 2000 and Sept. 2002); and 

Whereas, the University Faculty Senate has opposed the use of any single standardized test cutoff score as a make-or-break factor in student admission (resolution of Nov., 2003); and

Whereas, recent CUNY data on the ACT Writing Test, provided to the U.S. Department of Education's Office for Civil Rights, suggests that students with passing scores of 7 may perform no better in CUNY courses than students with failing scores of 6; and 

Whereas, the CUNY central administration has asked for University Faculty Senate input with respect to the new Master Plan; now therefore be it 

Resolved, that the University Faculty Senate requests that the CUNY central administration, in its development of the new Master Plan, seriously discuss with the Senate the elimination of the ACT Writing Test as a barrier to admission and progress and consider more appropriate alternatives. 

Proponent: Bill Crain

DISPOSITION:

JANUARY 2004 - No meeting.

FEBRUARY 2004

Resolution on the ACT Writing Placement Test and the Master Plan

Whereas, the University Faculty Senate has repeatedly raised concerns about the ACT skills tests, including the absence of data on their validity and reliability (see resolutions of April and September 2000, and September 2002); and

Whereas, an analysis of recent CUNY data on the ACT Writing Test, provided to the U.S. Department of Education’s Office for Civil Rights, indicates that students who receive a score of 6, which is a failing grade, may perform as well in CUNY courses as students who receive a 7, which is a passing grade; and

Whereas, the decontextualized and formulaic nature of the ACT Writing Test contradicts the best practices of writing pedagogy, and fails to reflect the complex nature of the writing process; and

Whereas, developmental writing faculty are having to skew curriculum and instruction towards passing the ACT Writing Test, to the detriment of the courses and the students; and

Whereas, following the request of the CUNY Central Administration, the University Faculty Senate is currently developing input into the 2004-2009 Master Plan; now therefore be it

Resolved, that the University Faculty Senate requests that the CUNY Central Administration, in its development of the 2004-2009 Master Plan, seriously consider and work with the Senate and other appropriate faculty and groups to develop revised writing tests which will more closely align with the best practices of writing pedagogy, with the requirements of CUNY curricula, and with the demands of college academic writing.

DISPOSITION:

Resolution Opposing Section 6 of H.R. 3077, International Studies in Higher Education Act of 2003

Whereas, the House of Representatives has passed H.R. 3077, reauthorizing the Higher Education Act of 1965; and

Whereas, Section 6 of H.R. 3077 establishes in the Department of Education an independent International Education Advisory Board which "shall provide advice, counsel and recommendations to the Secretary and the Congress on international education issues for higher education"; and

Whereas, the purposes of this International Advisory Board include, "to provide expertise in the area of national needs for proficiency in world regions, foreign languages, and international affairs; to make recommendations that will promote the excellence of international education programs and result in the growth and development of such programs at the postsecondary education level that will reflect diverse perspectives and the full range of views on world regions, foreign language and international affairs"; and

Whereas, the membership of this advisory board will consist of seven members, including three appointed by the Secretary of Education, two of whom "shall be appointed to represent Federal agencies that have national security responsibilities, after consultation with the heads of such agencies"; and

Whereas, included among the functions of this advisory board will be to:

"review and comment upon the regulations for grants under this title;

"monitor, apprise, and evaluate a sample of activities supported under this title based on the purposes and objectives of this title in order to provide recommendations for improvement of the programs under this title;

"make recommendations that will assist the Secretary and the Congress to improve the programs under this title to better reflect the national needs related to the homeland security, international education, and international affairs, including an assessment of the national needs and the training provided by the institutions of higher education that receive a grant under this title for expert and non-expert level foreign language training;

"make recommendations to the Secretary and the Congress regarding such studies, surveys, and analyses of international education that will provide feedback about the programs under this title and assure that their relative authorized activities reflect diverse perspectives and the full range of views on world regions, foreign languages, and international affairs;

"make recommendations on how institutions of higher education that receive a grant under this title can encourage students to serve the nation and meet national needs in an international affairs, international business, foreign language, or national security capacity"; and

Whereas, the consequence of this advisory board, if not the motive behind it, may be to politicize the awarding of grants and to discourage scholarship critical of U.S. foreign policy in Foreign Language Area Studies, particularly those programs focusing on the Middle East, and

Whereas, freedom in research is fundamental to the advancement of knowledge,

Therefore, be it resolved, that the University Faculty Senate strongly opposes the creation of this advisory board, and urges the U.S. Senate to remove Section 6 from H.R. 3077 and, therefore, from the reauthorization of the Higher Education Act of 1965.

DISPOSITION:

Resolution on the Establishment of a UFS Committee on Facilities, Planning, and Management

WHEREAS, Effective planning and construction of new facilities is important to the

faculty of this university, and

WHEREAS, The University Faculty Senate currently has no consultative mechanism to provide the university and the Board of Trustees with advice on planning of new facilities, and

WHEREAS, The planning of new facilities has, in the past, generated some buildings that have shown to be problematic in their design and construction,

THEREFORE, BE IT RESOLVED, That the University Faculty Senate establish a Committee on Facilities Planning and Management, and

BE IT FURTHER RESOLVED, That the University Faculty Senate will appoint members to this committee who have engineering, architectural, code compliance, and planning expertise, and

BE IT FURTHER RESOLVED, That the University Faculty Senate request that Emma Macari, Vice Chancellor for Facilities Planning, Construction and Management, and other members of that office engage in regular meetings with this committee, and

BE IT FINALLY RESOLVED, That the UFS appoint additional members as appropriate from colleges or disciplines that are affected by construction projects.

DISPOSITION:

Resolution on Peer Review and the Editing of Scholarly Publications that are Authored in Embargoed Countries

Whereas, the free flow of scholarly information is inherent in the constitutional protection of freedom of the press, a right established in the first amendment to the Constitution, and

Whereas, the freedom of the press must include the ability of an editor to review and edit what is submitted by authors, and

Whereas, preventing a scholarly journal from editing, reviewing and publishing an article is inimical to the academic freedom that a government should respect, and

Whereas, scholarly journals published by the American Chemical Society and the Institute of Electrical and Electronics Engineers are being prevented from reviewing and editing articles authored by people residing in embargoed countries* by action of the US Treasury's Office of Foreign Assets Control,

Therefore, Be It Resolved, that the University Faculty Senate condemn the attempt of the US government to interfere with the free exercise of the freedom of the press, and

Be It Further Resolved, that the University Faculty Senate express its support for scholarly societies whose free press rights are being infringed, and

Be It Finally Resolved, that the University Faculty Senate asks other university faculties and scholarly societies to support those societies whose right to freely run academic presses is being infringed and join in this protest against unreasonable action by the Federal Government.

* Cuba, Iran, Libya and Sudan

DISPOSITION:

Not on agenda, but noted for the record:

RESOLUTION ON MIGUEL MALO CASE

WHEREAS, the rights to free speech and assembly are vital to academic freedom and the effective functioning of the university as a center of learning and inquiry; and

WHEREAS, the arrests of CUNY students and faculty at the Hostos campus on August 15 and 16, 2001 flagrantly violated those rights; and

WHEREAS, access to Hostos Community College was denied to credentialed CUNY faculty and students, including a member of the University Faculty Senate, who was arrested for seeking to enter this CUNY facility; and

WHEREAS, Hostos student Miguel Malo, the past president of the Hostos Student Senate and former member of the Hostos College Senate, was arrested by CUNY security on August 15 while holding up a sign protesting cuts in ESL and bilingual programs; and

WHEREAS, while charges were eventually dismissed against others arrested, more than two years later Miguel Malo was put on trial for exercising his First Amendment rights of freedom of expression; and

WHEREAS, after a mistrial was declared, Mr. Malo now faces the prospect of a second trial and up to a year in jail for his peaceful protest; and

WHEREAS, this action against a student who has committed no crime is poisoning the atmosphere and chilling the exercise of fundamental rights by students and faculty at Hostos College and  throughout the CUNY community; and

WHEREAS, this apparent vendetta brings the City University of New York into disrepute as an institution of higher learning;

BE IT THEREFORE RESOLVED,

1)         That the University Faculty Senate respectfully requests that all charges be immediately dropped against Mr. Miguel Malo;

2)         That this resolution be conveyed to the Bronx District Attorney, Mr Robert Johnson;

3)         That the UFS calls upon the City University administration to issue a clear statement explicitly reaffirming the right to exercise freedom of speech and assembly on all CUNY campuses; and

Proponent: William Crain

DISPOSITION:

MARCH 2004

Professor Crain made the motion, which was seconded and passed unanimously, that the UFS express to Professor Ramona Hernandez the following sentiment: "That we wish to express special gratitude and appreciation to our colleague, Professor Ramona Hernandez of the City College, for thinking only of the best interests of children and maintaining the courage of her convictions in the recent New York City dispute over grade retention." Professor Hernandez had been removed the previous week from New York City's Panel for Educational Policy because she opposed Mayor Michael Bloomberg's plan to impose strict promotion rules for third-graders.

DISPOSITION:

UFS Recommendations on the 2004-2008 Master

DISPOSITION:

Resolution Reaffirming the University’s Commitment To Academic Freedom

WHEREAS, the American Association of University Professors (AAUP) in its 1915 "Declaration of Principles on Academic Freedom and Academic Tenure," at a time of attacks on college professors for their political opinions, held that "…one of [the university’s] most characteristic functions in a democratic society is to help make public opinion more self-critical and more circumspect…[and that] it is precisely this function which is most injured by any restriction upon academic freedom…,"^[1] 

AND WHEREAS, the Association further stated, quoting the Wisconsin State Board of Public Affairs, "it is neither possible nor desirable to deprive a college professor of the political rights vouchsafed to every citizen,’"^[2] 

AND WHEREAS, then Vice Chairman, now Chairman of the Board of the Trustees, Benno Schmidt, stated in September 24, 2001 that "Academic freedom, freedom of inquiry in the search for truth, the freedom of thought to challenge and to speak one’s mind, these are the matrix, the indispensable condition, of any university worthy of the name. The City University of New York has a proud tradition of academic freedom. We will defend the academic freedom of our faculty and students as essential to the preservation of the University. That these are prized American values, as well as central to the academic mission, only makes their defense in times of crisis the more essential,"^[3] 

AND WHEREAS, the City University of New York, through its governing bodies, has recognized the principle of academic freedom on multiple occasions: 

In June 1946, when it reaffirmed the AAUP’s 1940 "Statement of Principles,"^[4] 

In November 1973 when its Council of Presidents stated that the university "…should remain a forum for the advocacy of all ideas protected by the First Amendment to the Constitution and the principles of academic freedom,"^[5]

In October 1981 when the Board of Trustees resolved "That the University pledges diligently to safeguard the constitutional rights of freedom of expression, freedom of association and open intellectual inquiry of the faculty, staff and students…,"^[6]

In December 2001 when the University Faculty Senate resolved that it "strongly supports the 1981 Board of Trustees statement" and that it, "along with the Council of Faculty Governance Leaders, affirms the full AAUP Statement of Principles on Academic Freedom and Tenure,"  

In February 2004 when the University Faculty Senate resolved to "condemn the attempt of the United States Government to interfere with the free exercise of the freedom of the press" in preventing scientific journals from editing articles of authors from embargoed countries, and further resolved to "oppose the creation of [the] advisory board" in Section 6 of H.R. 3077, the reauthorization of the Higher Education Act of 1965, 

AND WHEREAS, it is especially in times of real or imagined national emergency that the principle of academic freedom in the university is most vital but is also most vulnerable, 

AND WHEREAS, the present time is again one of uncertainty in which respect for the cardinal principles of the Bill of Rights and of academic freedom is at risk, as witnessed by the 2001 passage of the USA Patriot Act, which according to the AAUP, constitutes a potential threat to academic freedom and privacy, and by the promulgation of such documents as the "Academic Bill of Rights" which, according to the AAUP, "threatens to impose administrative and legislative oversight on the professional judgment of faculty, to deprive professors of the authority necessary for teaching, and to prohibit academic institutions from making the decisions that are necessary for the advancement of knowledge," and by the establishment of ideologically-informed websites such as Campus-Watch.org and NoIndoctrination.org which monitor individual courses and professors, and solicit student complaints, and by the intrusive subpoenas requesting information about a conference held at Drake University, subpoenas which were protested by the AAUP, 

THEREFORE, BE IT RESOLVED that the University Faculty Senate reaffirms its own commitment to safeguard these principles, and 

BE IT FURTHER RESOLVED that the University Faculty Senate calls upon the University’s Board of Trustees to reaffirm its own best traditions of respect for Constitutional rights and the principles of academic freedom, and to circulate a statement of its policy on academic freedom both widely within the University community, including to students, staff, faculty and all administrative officers of the colleges and the central office, and also nationally to other universities and to organizations such as the Association of Governing Boards and the American Council of Trustees and Alumni. 

DISPOSITION:

The resolution was passed unanimously by voice vote with no abstentions: 

[Following a resolution approved unanimously by members of CUNY's Chemistry-Biochemistry-Biology Discipline Council on March 18, 2004 which was supported unanimously by the CUNY Council of Faculty Governance Leaders on April 16, 2004]

Whereas, all faculty members in the laboratory sciences require laboratory space for the research that they are required to do by the CUNY Bylaws* and the PSC-CUNY Contract⁺ and 

Whereas, people who teach college-level laboratory science require laboratory space in order to appropriately prepare for their instructional activities, and 

Whereas, teaching in the laboratory sciences requires that undergraduates have access to laboratory research experiences, and  

Whereas, the appropriate maintenance of both research and instructional space requires control and supervision by an academic department, and 

Whereas, academic departments can provide the most accurate evaluation of scholarly productivity in their disciplines,

Therefore Be It Resolved, that the primary authority to allocate research space will be retained by academic departments, who will use scholarly activity as the primary criterion for such allocations, in accordance with their development plans, and 

Be It Finally Resolved, that CUNY presidents and the CUNY administration be asked to redouble their efforts to obtain space and facilities adequate to an ever-growing research enterprise at CUNY. 

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* Extract from Section 11.7.1. of the CUNY Bylaws: 

It shall be the responsibility of instructors, assistant professors, associate professors and professors to perform teaching, research, and guidance duties. 

+ Extract from the Article 15.1 b of the PSC-CUNY Contract: 

DISPOSITION:

Endorsement of Hostos Senate Resolution on Malo Case - The resolution was passed unanimously by voice vote with no abstentions: 

The University Faculty Senate endorsed the resolution below, which was passed by the College Senate, Hostos Community College, on April 15, 2004: 

Resolution from the Hostos Community College Senate

WHEREAS, the case against Mr. Miguel Malo has been before the courts for over two years, and the last trial ended in a mistrial, requiring Mr. Malo to face a fresh trial, and the attorney who was representing Mr. Malo has had to withdraw from the case; 

THEREFORE BE IT RESOLVED THAT, 1.   The Senate respectfully request that all charges be immediately dropped against Mr. Miguel Malo; and 2.   This resolution be conveyed to the Bronx District Attorney, Mr. Robert Johnson, and to Chancellor Goldstein.

DISPOSITION:

MAY 2004 -- No resolutions.