Board Meeting Thursday June 20, 2013 Regents: Michael Carrigan, Chair Steve Bosley Glen Gallegos James Geddes Irene Griego Kyle Hybl Stephen Ludwig Joseph Neguse Sue Sharkey Distinguished Guests: Kathleen Bollard, University of Colorado, Vice President & Academic Affairs Officer Professor Mark Bauerlein, Emory University Philip DiStefano, Chancellor, CU Boulder Professor Robert Nagel, Rothgerber Professor of Constitutional Law, CU Law School Professor Paul Chinowsky, Chair, Boulder Faculty Assembly Professor Patty Limerick, Chair, Center of the American West Pam Shockley-Zalabak, Chancellor, CU Colorado Springs Lilly Marks, Vice President for Health Affairs, Executive Vice Chancellor, Anschutz Medical Campus Bruce Benson, President, University of Colorado Patrick O’Rourke, Vice President, University Counsel and Secretary of the Board of Regents Carrigan: I would ask the Board members to come forward and take your positions. (gavel pounds) We’ll go back into session and continue with our agenda. We are now on Part F of our agenda, and we have an action item: Revision of Policy 5(L)—Policy to Approve of Faculty Titles. And, I do not see Regent Bosley… Regent Bosley is coming forward. I believe Vice President Bollard is going to introduce the item. Bollard: Can you hear me? 1 Hybl: Where are we? Carrigan: We are on Item F (1). Regent Bosley, is there anything you wanted to say before we invite Vice President Bollard? Bosley: Kathleen was going to... Carrigan: Okay. Bollard: Okay. This is a proposed change that involves the creation of new faculty titles: Professor of Clinical Practice, Associate and Assistant Professor and Instructor of Clinical Practice. It's not a tenure-track line, and it addresses needs of the medical school to be able to hire clinicians and offer them a professor title when they don't necessarily have to do scholarship. And so, they've done an analysis. They don't believe there will be any significant cost involved in this. And, that's pretty much an overview. Carrigan: Thank you. Regent Bosley. Bosley: I appreciate that Kathleen. I would add that this process took 18 months— Carrigan: Perhaps we should move it and second it, and then we discuss it. Bosley: I so move. Ludwig: Second. Carrigan: Thank you. Moved by Regent Bosley, seconded by Recent Ludwig. Thank you. Regent Bosley, discussion? Bosley: That there was a significant discussion and 86% of the faculty approved it. The Faculty Council has approved it, and in the discussion, what I’ve particularly noted is I’d asked about ability to attract perhaps other faculty members to come that because other universities don’t have the same thing, and I got an enthusiastic positive on that, so. Carrigan: Wonderful. Bosley: I think this is well done. Carrigan: Other discussion? Any questions for the Board? I see none. All in favor. Various: Aye. Carrigan: Any opposed? 2 (inaudible or no response) Carrigan: Chair abstains. It passes 8 to 0 to 1. The next item on our agenda is F (2): Discussion and possible action item. And, do we have anyone to move that item? Geddes: I move that the item F (2). Carrigan: Moved by Regent Geddes. Sharkey: I’d like to second. Carrigan: Second by Regent Sharkey. Discussion? Regent Sharkey. Sharkey: I’d like to present an opening statement if I can. I’d like to start by saying that the American Association of Colleges and Universities wrote in 2009: “In any education of quality, students encounter an abundance of intellectual diversity, new knowledge, different perspectives, competing ideas and alternative claims of truth.” Benno Schmidt, former President of Yale University and Chairman of the Board of the City University of New York recently said it even stronger: “The freedom to challenge widely-held beliefs and to speak one’s mind, these are the indispensable habits and practices of any university worthy of the name.” Today, the Board of Regents will consider two resolutions and hear information about an issue that is vital to the University of Colorado: intellectual diversity and to ensure an education of quality. For years, the Board of Regents has stressed the importance of eduction that prepares students to work and live in a complex society where people hold diverse viewpoints. Our guiding principles call for the University of Colorado to promote faculty, student and staff diversity to ensure the rich interchange of ideas and the pursuit of truth in learning, including diversity of political, geographic, cultural, intellectual and philosophical perspectives. Even more simply, the Laws of the Regents have long contained the principle: “The fullest exposure to conflicting opinions is the best insurance against error.” Regent Geddes and I have brought forth two resolutions, which we hope that the Board of Regents will support, but we also hope the University of Colorado community will lend its full support to them as well. Neither resolution is designed to impose an ideological agenda. And, let me repeat that. Neither resolution is designed to impose an ideological agenda upon the University of Colorado, its campuses or its faculty. Both resolutions ask the University of Colorado community to embrace broad scholarly principles, create an environment where the marketplace of ideas flourish and prepare our students to fully engage in a society that cherishes its differences as much as its similarities. The first resolution calls for the University of Colorado to conduct a climate survey across each of the campuses to determine how well the campuses have implemented the guiding principle that encourages the rich interchange of ideas and the pursuit of truth in learning, including 3 diversity of political, geographic, cultural, intellectual and philosophical perspectives. Without data, the Board of Regents and the University community cannot gauge how well it is meeting this goal. Consistent with the principles of academic research, rather than relying upon anecdotal evidence or urban legend, this climate survey will tell us where we have succeeded and where we have opportunities to make the University of Colorado stronger. The climate survey is not designed to target any particular department, faculty or viewpoint. Instead, the resolution calls for the faculty to participate in selecting a nonpartisan organization to conduct the survey. It calls for the organization to look across the campuses to determine how well we embrace diversity in all of its forms. We want the University of Colorado to be welcoming to faculty and students of all races, genders, religions, sexual orientation and, yes, political affiliations and political philosophies. It calls for the organization to assess whether our faculty and students believe the University has created an environment where people of all beliefs can engage in a rich exchange of ideas. When we receive the data from this survey, the University of Colorado community can assess the best ways to guarantee that every student receives the highest quality educational experience. Naturally, the principles of academic freedom will always allow for spirited debate in the classroom, and no faculty member should fear that the Board of Regents intends to use this survey as a means to dictate the curriculum or methods of instruction. Those are matters where the Board should not tread, but we can help provide data that will allow the faculty to provide the fullest educational experiences. The second resolution calls for the Regents to amend the Laws of the Regents to prohibit discrimination based upon either political affiliation or political philosophy. And, I wish to be clear about why I have offered this resolution. It is not to insert the Board of Regents in the decision to hire particular faculty members. It is not to impose a litmus test on any particular intellectual issues. As an individual Regent, I would never attempt to tell any department, whether it is chemistry, sociology or education, how to assess a candidate’s scholarship. But, here’s what I would say, and what I would understand this resolution to accomplish. The University of Colorado will hire the best faculty based upon the merit of their scholarship. The University of Colorado will promote faculty and grant tenure because they have earned those promotions and demonstrated their excellence in teaching and research. The University of Colorado will not terminate or non-renew a faculty member because of his or her race, gender, religion, sexual orientation, political affiliation or political philosophy. The University of Colorado will have mechanisms to investigate whether any student or faculty member has been discriminated against, and where discrimination exists, it will be remedied. None of these principles is controversial. None marks a change in the course that the University of Colorado set for itself long ago. And, again, let me repeat that statement because I think it’s very important that this is heard: None marks a change in the course in the University of Colorado that it set for itself long ago. At the end of the day, we all share a fundamental goal, 4 which is that no one, whether within the University of Colorado or beyond, should question whether our students receive a broad and challenging education. The University of Colorado must stand for academic excellence and embrace the best scholars and students no matter whether they are men or women, Christian or Muslim, gay or straight or conservative or liberal. I invite each of you to embrace these concepts and support the resolutions offered today. Thank you. Carrigan: Thank you, Regent Sharkey. Regent Geddes. Geddes: Thank you, Regent Sharkey. I’d like to, for the record, read the first recommended action. And, this has to do with what I term the campus survey resolution: “Resolved: The Regents of the University of Colorado—“ Carrigan: You have the right to read this. I don’t know that you have to.