Chair Bicknell called the meeting to order at 4:04 p.m. on Tuesday, February 26, 2002, in Nelson Hall East, Room 201 (Goodwin Forum).

Members Present: Adams, Bicknell, Burroughs, Christensen, Fulgham, Goodman, Jenkins, Kenyon, Klein, Little, MacConnie, Martin, McCrone, McFarland, Meiggs, Mortazavi, Novotney, Oliver, Paselk, Paynton, Sanford, Snyder, Stokes, Thobaben, Thompson, Travis, Varkey, Wang, Yarnall

Members Absent: Braggs, Mayer, Sheppard, F. Wilson

Proxies: Snyder for Bockover; Little for Smith

Guests: Kevin Creed, Office of Environmental Health and Safety; Carolyn Mueller, Office of the President; Richard Vrem, Undergraduate Studies; Gretchen Kinney, Associated Students

1. Approval of Minutes

It was moved and seconded (Fulgham/Wang) to approve the submitted minutes for the January 29, 2002, meeting. Voting occurred and MOTION PASSED.

2. Announcements and Communications

Chair Bicknell announced:

Candidates for President of Cal Poly Humboldt are visiting campus this week and next week. Rollin Richmond (Iowa State University) was here Monday; Scott McNall (CSU Chico) will be here Wednesday; Dennis Hefner (SUNY Fredonia) will be here Thursday; and Linda Baer (Minnesota State Colleges and Universities) will be here the following Monday. An open forum is scheduled for each candidate at 10 a.m. in Van Duzer Theater.

Ray Wang, Chair of the Student Affairs Committee of the Academic Senate, forwarded a memo summarizing the deliberations of that committee regarding whether students should be allowed legal representation in the grievance or student disciplinary processes. The committee recommends that the current policy, which restricts student representation to "consultants," should remain unchanged. The Senate Executive Committee concurs with this recommendation.

Scott Paynton, Chair of the Faculty Affairs Committee of the Academic Senate, forwarded a memo summarizing the deliberations of that committee regarding the Zero Tolerance Policy on Campus Violence. The committee found that the majority of the concerns expressed by the Academic Senate in Resolution #03-00/01-FA (October 10, 2000) have been addressed in the recent rewrite of that policy. They recommend no further action at this time. The Senate Executive Committee concurs.

A copy of the Cal Poly Humboldt Combined Financial Statements for the Year Ended June 30, 2001 has been received from Donna K. Sorensen, Director of Fiscal Affairs, and will be housed in the senate office for review. Dr. Judith Little, Senate Finance Chair, also has a copy of this document.

A copy of a letter from Dr. McCrone to Vice President Butler implementing the proposed University Quad Events Policy has been received. While this item is on today's agenda, be aware that it has been implemented already.

A letter dated February 11, 2002, from Dr. McCrone approving Senate Resolution #12-01/02-SF has been received. This is the resolution calling for a faculty vote on Appendix W of the Faculty Handbook. This issue is included on the current ballot.

3. Committee and State Senate Reports

Student Affairs - There is a resolution on today's agenda.

Search Committee - Senator Kenyon reported on the search process for the Vice President for Development and Administrative Affairs stating that the committee reviewed the draft announcement and sent a response to the President's Office regarding the language contained in the position announcement. A flier describing the position has been distributed throughout campus.

Senate Finance - The Committee has some items ready for discussion at the next Senate Executive Committee meeting. Budget reductions are difficult to discuss since no one knows what the cuts will be, but it is possible that some jobs may be in jeopardy.

Faculty Affairs - The Committee is reviewing the current four policies regarding post tenure review and has developed a rough draft of a single policy which will be forwarded to the Senate Executive Committee.

Educational Policies - There is a discussion item on today's agenda regarding the procedure for the discontinuance and suspension of academic programs; the Committee is requesting comment on the documents. The department self-study document will be coming to the senate in the near future for feedback. Currently the Committee is working on a revision to the final exam policy. The Joint Assessment Committee is developing a recommendation for the senate regarding process guidelines for outcomes and assessment on campus.

UCC - The Committee continues its work on learning outcomes and assessments for general education, and will be considering Areas C and D and reviewing the recommendation from the College of Arts, Humanities & Social Sciences. The Committee also will be reviewing a report from the subcommittee on previous program reviews and looking at approving an arrangement with the Liberal Studies Elementary Education Executive Committee, which organIzes the mechanics for delegating oversight of the curricular process.

CFA - Chapter President Travis announced that Sam Strafaci's report on fact finding has been distributed, stating that the report is inaccurate and it seems obvious that the timing of the report's release was orchestrated to cause further delays. Contained in the report is a claim that the CSU administration made a proposal on HEERA compensation, which is false. The CSU made one proposal, modified that proposal and has not changed it. The CFA in mediation made a proposal that Strafaci alludes to which was agreed to in principal on October 26, and on October 30 CSU withdrew. CFA made a proposal similar to this in December, one which CFA believed could be negotiated to both parties' satisfaction, sent this one to the CSU and it was rejected. Implication of another proposal being made is a gross violation of confidentiality on Strafaci's part. Also in the report is reference to a presentation comparing the workload and salary compensation of faculty; CFA did not allege that two-year colleges were included in the data used by the CSU. There is a long presentation on lecturers and why the CSU needs lecturers, including the claim that over 2000 full time equivalent lecturers are needed. While the CFA finds this figure hard to believe, there has never been any question on the need for lecturers. CFA's position is that lecturers who have worked at the institution for six or more years should be given additional job security. Work with the fact finder will continue for another few days. If no settlement is reached by March 6, then the contract will expire. A strike authorization vote will occur at Cal Poly Humboldt on March 11 through 14. The ballot will offer several options to voting members regarding what kind of strike is desired, if any. Owing to different calendars, the different campuses in the CSU System are in session simultaneously only a few times each year. Additional information regarding a campus vote will be distributed soon.

OAA - Vice President Stokes announced that work continues on collaborative arrangements with College of the Redwoods regarding courses being offered on both campuses. Regarding the budget, the issues connected to a 5 percent cut next year are being addressed. In addition, concerns regarding the transfer of Athletics' funds to Student Affairs are under consideration. A copy of census figures for spring was distributed.

Associated Students - There was a good turnout for the students' meeting yesterday with the presidential candidate, and students are looking forward to meeting with all of the candidates.

4. Discussion Item: Resolutions on Procedures for Discontinuation and Suspension of Academic Programs (#15-01/02-EP and #16-01/02-EP)

Background on this item was presented by Senator MacConnie, who stated that the discontinuation document is close to finalization as is the suspension document, and comment is being sought regarding these documents before formal action is taken. A flow chart connected to the suspension document was distributed. Attempts were made to clarify some of the issues found in the local document, set time limits for the different levels of review, ensure that there was broad consultation at all levels, and make sure that it was completed in an academic year. Similar attempts were made regarding the suspension document with the addition of language to cover the occasion when suspension would be an obvious course of action. Such language allows suspension to occur if no concerns are expressed. The different levels outlined in the suspension document include an initial phase (the written justification for suspension of an academic program will be sent to the campus); a response phase (rebuttals to the justification for suspension may be forwarded to the Office of Academic Affairs); and the review phase (the initiating document and the response document are reviewed at the different levels on campus). The time lines were designed so that suspension would be completed within an academic year, with no decisions made during the summer.

Discussion included:

The policy appears to be a reasonable and laborious process; however, perhaps a statement is needed to define reasons why a program would be discontinued or suspended. [The Committee members discussed this approach at first but found themselves involved in value judgements which they did not want to do. It became clear that such actions may be on a case-by-case basis so attempts were made to not be too prescriptive. General comment may be included if desired.]

It was suggested that the "/or" found in the fourth bullet be removed from the discontinuation document since the Academic Senate is the appropriate body to be consulted. [The first set of bullets was taken from the memo from the Chancellor's Office, and the document clearly states that if there is a recommendation to discontinue a program, then such recommendation will be forwarded to the Academic Senate.]

Naming who can call for an ad hoc review in the procedures for a discontinuance should be added.

It might be clearer to include a statement to the effect that on this campus, the appropriate representative committee is the Academic Senate.

Perhaps the word appropriate should be added to the Initial Phase of the suspension document so that suspension may be initiated by the appropriate committee or appropriate administrator.

It is important for any group of people to have an opportunity to respond to the proposal for suspension of a program.

The suspension document does not parallel the discontinuation document exactly, and is offered as a separate document because the time frames of the two documents are different. The suspension process could be a faster process. [It was requested that the flow charts look similar except for the places where they differ.]

Perhaps a mechanism is needed to inform all parties that they may respond to such a request.

Faculty members in a department should have an opportunity to respond to the initiated suspension of a program.

5. Resolution on University Quad Sound Levels (#13-01/02-SA)

A copy of the resolution containing minor modifications was distributed. Senator Wang stated that the concerns expressed at the December 11, 2001, senate meeting were addressed. Kevin Creed, Director, Environmental Health & Safety, is present today to answer questions.

It was moved and seconded (Wang/Klein) to place the resolution on the floor.

WHEREAS, The Academic Senate of Cal Poly Humboldt has been asked to review existing noise policies for the University Quad and make recommendations to the Office of the President, the University Center Board and Associated Students; and

WHEREAS, Associated Students desires the continuance of live musical events in the University Quad on a regular basis from Noon to 1 PM Monday through Friday; and

WHEREAS, A measurement of sound levels at the quad entrance to Siemens Hall and directly outside of Siemens Hall classroom exteriors has been completed using General Industry Safety Orders, Occupational Noise, Control of Noise Exposure from the California Code of Regulations (attached) with findings of an average between 100-105 dBA for amplified voice or non-amplified music with the projection that amplified music will generally exceed these levels; and

WHEREAS, Sound levels also were measured in classrooms and offices fronting that area, finding the average interior sound levels to exceed 90 dBA when amplified voice or non-amplified music is being produced in that area; therefore, be it

RESOLVED: That the Academic Senate of Cal Poly Humboldt recommend that the University Policy that allows amplified music performance Monday through Friday from Noon to 1 PM be continued, with the following clarification added: measured sound levels shall not continually exceed 105 dBA at any time when measured at the Quad exterior door of Siemens Hall or directly outside of Siemens Hall classroom exteriors; and be it further

RESOLVED: That the Academic Senate of Cal Poly Humboldt recommend that non Humboldt-affiliated performers/speakers/musicians be required to submit a $100 deposit, to be forfeited if not compliant with these guidelines, and that Humboldt-affiliated performers/speakers/musicians will forfeit the opportunity to appear in this venue for the remainder of the term if not compliant with these guidelines; and be it further

RESOLVED: That the Academic Senate of Cal Poly Humboldt recommend that should a complaint arise, sound level measurement be done through the campus Office of Environmental Health and Safety or their designee, with enforcement by University Center; and be it further

RESOLVED: That the Academic Senate of Cal Poly Humboldt recommend that this entire process be reviewed at the end of the Fall 2002 term to evaluate effectiveness or make any changes necessary to enact this as permanent policy.

Discussion included:

It was suggested that the word continually found in the first Resolved clause be deleted since it does not provide a specific amount of time.

According to Kevin Creed, the decibel scale is similar to the Richter scale so that one can get perceived significant changes in noise or sound level with relatively small changes in decibel level. The Environmental Health and Safety Office is concerned about employees who are exposed in excess of the occupational standard as promulgated by Cal OSHA. Such standards state that individuals may be exposed to 105 dBA time weighted average for an hour assuming that no other significant noise is occurring simultaneously. If sound on the Quad falls within the suggested level, there is no reason to believe that individuals will be overexposed. Creed stated that he doubted that there would be any music-related amplified noise that would cause significant occupation exposure for Humboldt employees. It would be difficult to teach a class with a sound level of 90 dBA inside the classroom; a reasonable sound level for a classroom would be between 80 and 85 dBA. A good sound level meter can measure instant sound (drum beat, microphone feedback). Creed stated he would be willing to survey to the extent necessary in order to make a determination whether there is an occupational issue for an Humboldt employee; he does not have the resources to determine whether a band is in compliance with the policy.

6. TIME CERTAIN 5 P.M.

Special Audit Progress Report [McCrone, Christensen, Hardy]

President McCrone reported that the audit conducted by the trustee's audit staff listed approximately 30 recommendations, a copy of which is on the web. The University is obliged to respond to such recommendations, and is expected to comply within one year. A report of Humboldt's progress has been submitted to the trustees' audit staff.

The auditor will make a report on audits throughout the system at the upcoming March meeting of the trustees. To date, 20 of the 33 recommendations for Humboldt have been accepted, which is remarkably good progress. Only minor informational additions will be needed for the remaining 13 times. President McCrone stated that according to the auditors, what occurred here was inevitable given the sparseness of the oversight staff, and this understaffing reflects decisions that were consciously made on the campus regarding the budget reductions and/or constraints in the non-academic areas in favor of support for the academic programs. The overall responses from the University will not be made public by the trustees until all of them have been submitted and accepted so that the process is complete. It is not known yet when this will occur.

In order to prevent the recurrence of a similar situation, a gift processing center is being created which will process all gifts to the university. The center will report to Donna Sorensen, Director of Fiscal Affairs. Numerous efforts are underway to restore and advance private gifts to the University, and it is conceivable that this year could be a record year for private donations. President McCrone expressed optimism that the University will move forward and that the new president will have an opportunity to assist in this forward momentum.

Discussion included:

The gift center will be operational by the first of April.

There has been a backlog in forwarding monies to individual departments. Maggie Hardy, Director of University Advancement, has been working without a staff and the primary focus has been on settling the issues raised by the actions of John Sterns. Eventually, the gift processing center will provide departments with monthly statements of any activities.

Departments will continue to receive copies of any donor checks; this will be on either a monthly or weekly basis. The intent is to try and avoid departments receiving the actual checks.

Money received will go where it is directed; it is not added to state money.

The movement of Athletic funds administered by the University Center to the Foundation is occurring in stages. The Foundation has agreed to accept Athletic gifts; details regarding coaches and summer programs are still being addressed.

Any gift to the University, including non cash gifts, in kind gifts (equipment), and gift donations, need to be recorded through the gift processing center. Gifts in kind will continue to go through the routing process to ensure that they are not a burden to the department or the university. A memo with reporting details will be distributed in the next few weeks.

Direct gifts to students are not recorded as gifts to the University.

There will be a manual outlining the procedures connected to the gift processing center. A new alumni director will be in place by the first of May and alumni program changes probably will occur.

Dues are not tax deductible; if a gift is made to the university, then it is tax deductible.

Maggie Hardy (ext. 5104) is available to answer any questions. Chair Bicknell thanked Ms. Hardy, Vice President Christensen and President McCrone for their report.

9. TIME CERTAIN 5:25 P.M.

Recommendation Regarding Outstanding Professor of the Year Award [Faculty Awards Committee]

The Senate moved to executive session and the letter of recommendation was read. It was moved and seconded (Travis/Yarnall) to accept the recommendation of the Faculty Awards Committee. Voting occurred and MOTION PASSED.

5. Resolution on University Quad Sound Levels (#13-01/02-SA) (Continued)

Senator Klein extended an apology to Kevin Creed for the language in the penultimate Resolved clause indicating that the Office of Environmental Health and Safety would complete sound level measurement should any complaints arise, stating that a misunderstanding had occurred since Senator Klein had been informed that Mr. Creed had been consulted on this.

The resolution has been revised based on comments received during the previous discussion: 1) the third Whereas clause addresses the concern expressed regarding where sound levels were measured and the methodology used; 2) the sound level of 90 dBA was in response to the question of when does conversation become impossible; and 3) the second Resolved clause asks that only non Humboldt-affiliated performers/speakers/musicians be asked to submit a deposit; Humboldt affiliated performers/speakers/musicians would forfeit the opportunity to appear in this venue again.

Not using the term continually would be problematic since measuring devices are capable of capturing a sound lasting less than one second, and that could mean that any breach of the given sound threshold would result in forfeit of a deposit.

The policy actually stops music on the Quad because if there is any complaint, then that activity will be terminated. The reason to recommend this policy is in hopes that a more student friendly policy will be implemented in the future.

There did not seem to be any pressing need to implement this policy and it is unfortunate that the policy was approved without a recommendation from the senate; it speaks poorly for shared governance. [There was a due date of December 14, 2001, given to all consulted parties who wished to respond. If the deadline is missed, then that's not sufficient reason for the policy not to be implemented since students would like to have music back on the Quad.] [The senate met the deadline in consideration of the policy; it was returned to committee for further revision and brought back to the senate. This policy was approved after it was clear that this item would be brought back to the senate. The message given was that the item is so important that a decision could not be held for two more weeks.]

Perhaps repeatedly exceed could replace continually.

A warning needs to be included in the policy.

This is a mechanical approach to an emotional issue and the suggested dBA level could still be problematic. The subjective nature of perceiving a specific sound as acceptable or disturbing is the main issue. The best solution is to relocate to the other side of the University Center area so that music is projected toward the dormitories. [Redirecting the music away from the academic buildings is worth trying; the sound may just be reflected back to the academic buildings owing to the height of the University Center.] [The Quad is where the students gather; this is where the music should be.]

Industrial standards should not determine what is acceptable for the general public.

Conversation during 90 dBA is impossible and conducting classes with this noise level is not feasible. The only reasonable procedure would be to not allow classes to be taught in Siemens Hall during this hour.

The appropriate technical language to be used is time weighted average not in excess of; instantaneous measuring would not be fair to any group.

The idea of asking for a deposit was suggested by a student because she was told it was impossible to implement a mechanism to measure the dBA system and have the necessary equipment installed. In addition, there was the question of who would be responsible for oversight of this system. A deposit system seemed to be the best method, and it is student friendly. Two warnings are issued before the deposit is lost; this is not stated in the policy but it is the practice.

During a survey taken in the fall between Noon and 1 p.m., there was one class held in Siemens Hall that would have been affected by sound from the Quad. Redirecting the music would affect Founders Hall more than it would affect Siemens Hall. If a deposit is not returned, where does that money go?

The $100 is a deposit; not a fee. There was only one incident last year when the deposit was not returned.

All input is appreciated on this issue. The Student Affairs Committee recognized the subjectivity of this issue which is why the pseudo technical approach was taken; common sense will prevail.

It was accepted as a friendly amendment to reduce the sound level to 90 dBA in the first Resolved clause.

It was accepted as a friendly amendment to add the language after receiving a warning to the second Resolved clause in two places.

It was accepted as a friendly amendment to replace the word continually with the phrase time weighted average in the first Resolved clause so that it reads, measured sound levels not to exceed 90 dBA of a time weighted average.

It was accepted as a friendly amendment to replace the Office of Environmental Health and Safety with the Office of the Vice President for Student Affairs in the penultimate Resolved clause.

At the close of the meeting, the resolution read:

WHEREAS, The Academic Senate of Cal Poly Humboldt has been asked to review existing noise policies for the University Quad and make recommendations to the Office of the President, the University Center Board and Associated Students; and

WHEREAS, Associated Students desires the continuance of live musical events in the University Quad on a regular basis from Noon to 1 PM Monday through Friday; and

WHEREAS, A measurement of sound levels at the quad entrance to Siemens Hall and directly outside of Siemens Hall classroom exteriors has been completed using General Industry Safety Orders, Occupational Noise, Control of Noise Exposure from the California Code of Regulations (attached) with findings of an average between 100-105 dBA for amplified voice or non-amplified music with the projection that amplified music will generally exceed these levels; and

WHEREAS, Sound levels also were measured in classrooms and offices fronting that area, finding the average interior sound levels to exceed 90 dBA when amplified voice or non-amplified music is being produced in that area; therefore, be it

RESOLVED: That the Academic Senate of Cal Poly Humboldt recommend that the University Policy that allows amplified music performance Monday through Friday from Noon to 1 PM be continued, with the following clarification added: measured sound levels not to exceed 90 dBA of a time weighted average at any time when measured at the Quad exterior door of Siemens Hall [language suggestion per Kevin Creed: . . . measured sound levels not to exceed 90 dBA as a time-weighted average for any ten-minute period within the hour . . . ] or directly outside of Siemens Hall classroom exteriors; and be it further

RESOLVED: That the Academic Senate of Cal Poly Humboldt recommend that non Humboldt-affiliated performers/speakers/musicians be required to submit a $100 deposit, to be forfeited if not compliant with these guidelines after receiving a warning, and that Humboldt-affiliated performers/speakers/musicians will forfeit the opportunity to appear in this venue for the remainder of the term if not compliant with these guidelines after receiving a warning; and be it further

RESOLVED: That the Academic Senate of Cal Poly Humboldt recommend that should a complaint arise, sound level measurement be done through the Office of the Vice President for Student Affairs, with enforcement by University Center; and be it further

RESOLVED: That the Academic Senate of Cal Poly Humboldt recommend that this entire process be reviewed at the end of the Fall 2002 term to evaluate effectiveness or make any changes necessary to enact this as permanent policy.

It was moved and seconded (Fulgham/Varkey) to adjourn the meeting. Voting occurred and MOTION PASSED.

The Senate Executive Committee will consider if this item should be brought back to the senate in the future.

Meeting adjourned 6:05 P.M.