The April meeting of the University Senate was held at 4:05 p.m. on Thursday, April 4, 2002, in Room 7, Gamble Hall. David Perry presided.

The following members of the Senate were present:

Adams, Ross
Antes, James
Askim, Mary
Bartsch, Brent
Brandt, Jerel
Bridewell, John
Cleveland, Mike
Davis, W. Jeremy
Dokken, Seth
Drewes, Mary
Elsinga, Lillian
Ettling, John
Fivizzani, Albert
Frost, Chris
Gagnon, Gregory
Grijalva, James
Hanhan, Sara
Heitkamp, Thomasine
Hikins, James
Hoffmann, Mark
Jackson, Jon
Jeno, Susan
Johnson, Arnold
Krogh, Nancy
Kweit, Mary
Lang, Gretchen
Lindseth, Glenda
Mann, Michael
Munski, Douglas
Murphy, Eric
Nichols, Elizabeth
Perry, David
Petros, Thomas
Poochigian, Donald
Porter, Kimberly
Potvin,Martha
Rakow, Lana
Rice, Daniel
Romero, Alan
Schwartz, Rhonda
Shaeffer, James
Skramstad, Allan
Steen, Tom
Stofferahn, Curtis
Stolt, Wilbur
Thompson, Myra
Thureen, Faythe
Tiffany, Mark

The following members of the Senate were absent:

Bagheri, Fathollah
Benoit, Joseph
Boyd, Robert
Brown, Matt
Ebertowski, Mary
Elbert, Dennis
Gallager, Robert
Greff, Jason
Hanson, Brent
Hunter, Susan
Jenniges, Sharleen
Juffer, Brad
Juntunen-Smith, Cindy
Kenville, Kimberly
Kupchella, Charles
Lieberman, Victor
Mabey, Renee
McBride, Rosanne
Meyer, Betsy
Mochoruk, Jim
Schneider, Mac
Smart, Kathy
Smith, Bruce
Todhunter, Paul
Watson, John
Wilson, H. David

1.  The following announcements were made:

A.  The president has scheduled a University Council meeting on Monday, April 29 at 3:30 p.m. in the Memorial Union Ballroom.

B.  The graduate faculty is considering revisions to the Graduate Faculty Constitution. Members of the graduate faculty are invited to attend two meetings to discuss and vote on revisions on April 10 or April 30 at 4:00 p.m. in the Lecture Bowl in the Memorial Union.

2.  The Chairman asked if there were any additions or corrections to the minutes of the March 7, 2002 Senate meeting. There being none, the minutes were approved as distributed.

3.  The Chairman announced the question period at 4:20 p.m. There were no questions.

4.  Mr. Gagnon moved to receive and file the annual reports of the Conflict of Interest/Scientific Misconduct Committee, the ROTC Advisory Committee, and the Intercollegiate Athletics Committee. There was unanimous consent and the reports were received and filed.

5.  Mr. Grijalva made the following reports on behalf of the Council of College Faculties:

A.  Governor Hoeven has appointed two members to the Board of Higher Education. They are Susan Andrews of Mapleton and Richard Kunkel from Devils Lake.

B.  CCF President Henry Riegler represented the Board's Employee Compensation Committee in a report to the Governor. The recommendations are to 1) maintain the State's contribution for health insurance premiums; 2) to provide cost of living adjustments equal to the Consumer Price Index in each year of the 2003-2005 biennium; and 3) provide funding to increase NDUS faculty to the regional average. Mr. Grijalva reported that two matters might bear on funds available for compensation: the Enterprise Resource Planning software and the flat revenue projections.

C.  Mr. Grijalva reported on the draft report of the group working on an intellectual property policy. It has been circulated to the Cabinet and it went for a first reading to the Board in March and will be considered for second reading at the June meeting.

D.  Mr. Grijalva reported that the Board voted again to reconsider the presidential search policy at the March meeting. The vote was again 4-4, with the motion failing.

E.  The Board met with CCF to discuss how to build communication and a productive relationship between the two groups. The Board seemed very interested in building a productive relationship with the faculties of the NDUS institutions and will consider the issue at future Board meetings.

6.  Mr. Perry called for nominations for any of the Senate Committees on the ballot. Hearing no nominations, he asked for the Senate members to mark their ballots and submit them for tallying after the meeting. Results will be tallied and announced with the minutes of the April meeting.

7.  Mr. Johnson moved to accept the transfer policy put forward from the Senate Ad Hoc Transfer Policy Committee. The motion passed unanimously, with one abstention.

8.  Mr. Perry introduced the proposed revisions of the UND Constitution and a memo distributed at the meeting from the President concerning his response to the proposed revisions. Mr. Perry suggested that because the President was unable to attend this meeting it should be postponed until the May meeting or that the Senate consider only parts of the revisions. Mr. Fivizzani raised a procedural question about whether the revisions must be approved at two meetings of the University Senate.

Mr. Stofferahn asked if there could be a response from members of the Constitutional Revision Committee to the President's concerns and for their rationale for the revisions. Mr. Perry asked Ms. Kweit and Ms. Rakow if they would be willing to respond, and they agreed to answer questions from Senate members.

Ms. Potvin moved to not take a final vote until there is a final draft with any amendments included, and that there must be two votes on the final revisions at two regular meetings of the Senate. Mr. Frost moved to table the discussion of the revisions. The motion to table was defeated with 22 votes in favor, 18 votes opposed, with 1 abstention by failing to receive a two-thirds majority. The main motion was voted upon and passed 44 to 1 with 1 abstention.

Ms. Potvin moved to strike the words "for other purposes" in the sentence "Leaves may also be granted by the President for other purposes as appropriate to the interests of the University" on page 7, lines 32-33 of the revisions. Mr. Bridewell raised a point of order that there must be a motion to approve or consider the document before amendments can be accepted. The motion was withdrawn.

Mr. Petros moved to approve the document as submitted. Discussion continued.

Ms. Potvin moved to amend the document by striking the words "for other purposes" in the sentence "Leaves may also be granted by the President for other purposes as appropriate to the interests of the University" on page 7, lines 32-33 of the revisions. The motion carried 43 to 1 with 1 abstention.

Mr. Murphy moved to amend to include the vice presidents in the list of ex-officio members of the Senate on page 1, line 27. Discussion ensued. Ms. Rakow offered a friendly amendment to the vice presidents as nonvoting members. The friendly amendment was not accepted and was withdrawn. Discussion continued. The question was called. The motion carried 35 to 11.

Mr. Murphy moved to extend the meeting until 5:45. The motion carried 30 to 15 with 1 abstention.

Mr. Davis moved to amend the document by deleting the words "of schools and colleges" in lines 28 and 29 on page 1. A point of order was made that the intent of the amendment is to retain the current membership of the Senate, to include deans, but not assistant or associate deans. Motion carried 33 to 10.

Discussion continued on the main motion. Mr. Tiffany moved to amend the document on line 35 of page 1 by striking "and student members."

Discussion ensued on the amendment. The question was called. The motion carried 21 to 15 with 4 abstentions.

9.  The meeting adjourned at 5:45 p.m.

Nancy Krogh, Secretary