NYS AAUP Summary Spring 2014

NEW YORK STATE AAUP CONFERENCE Spring 2014
April 25-26th, 2014
Hofstra University

MINUTES

Friday, April 25, 2014

Present: Jeffrey Baker (J.B.), Monroe Community College; Patrick Cihon (P.C.), Syracuse; Sally Dear-Healey (S. D.), Cortland/ SUNY Oneonta; Anne Friedman (A.F.), BMCC/CUNY; Stephen Goldberg, (S. G.), Adelphi; Jeff Kraus (J. K.), Wagner College (April 25 only); David Linton (D.L.), Marymount; Cecelia McCall (C.M.), Baruch/CUNY; Thomas Policano (T. P.), Irwin Yellowitz (I. W.), CCNY/CUNY. 

Others: Fulwiler, Megan and Marlow, Jennifer, College of St. Rose; Jokinen, Jennifer and Mazzocco, Dennis, Hofstra; Kubal, Mary Rose, St. Bonaventure. A. Open Forum

David Linton (D. L.) opened the meeting at 1:20 by thanking the Hofstra hosts, Dennis Mazzocco and Jennifer Jokinen. He also thanked Tom Policano for all his initiatives. All members and guests then introduced themselves. He moved to the agenda, beginning with the proposed amendment to the NYSC Constitution. He explained his reasons for introducing the amendment on presidential term-limits, saying that he noticed that other organizations do not have presidential term limits as opposed to AAUP. Associations such as the AFT allow leaders to stay in place long enough to develop relationships. I. Y. stated that the staff becomes dominant when there is a continual turn over in the leadership. 

1. Proposed Amendment to NYSC Constitution: delete “Article IV: Election of Officers and At-Large Executive Council Members” 2. The President shall be able to stand for two more successive terms as President following his or her first term. 

2.State Election Procedures

T. P mentioned the annual staggered election process; AAUP changed to bi-annual elections; the new standard requires an expensive and time-consuming process. He referred to p.15 of the agenda book, an argument for NYSC to move to bi-annual elections so that the conference may continue to piggyback on National’s elections. The staggered procedure was reviewed; in a biannual system, terms would become four years. If there is interest in going forward, a committee should be established to determine the method for changing the procedure.

Discussion
J. K – There needs to be continuity for the sake of institutional memory. Officers could be elected every two years. A. F. - The National Council members would also be affected. S. G – Unlimited terms is very negative; term limits require the leadership to find successors; he offered a three-year term with one re-election. T. P. - In a two-year cycle, everyone would have a term of four years, a maximum of 12 years. It may not be necessary to have the unlimited. I.Y. – Favors unlimited terms; he mentioned what happened at NYSUT, where leadership was removed in a contested election. J. K. – We may consider creating term limits that apply to those no longer actively teaching or participating. The problem is we have not brought new people in. We might want to limit terms of those who hold emeritus status. S. G. - Would not want to single out one group of members. An officer could become emeritus during his term. A. F. – Contested elections – AAUP when incumbents had not yet been term-limited. NYSUT’s election was an aberration. Contested elections cause great friction. S. D. – My goal is to have people understand what the organization is about and grow membership. D. L.- There have been hotly contested elections. S. G. – Is in a department with term limited chairs and never had an incompetent one. Term-limited departments have done better for many reasons. 3. What is the matter with National?

T. P. - Explained that the question emanated from the rancor that accompanied the recent national election. 

Discussion
A. F. – Explained that candidates are allowed to have statements published by national. One faction had a slate message; then individuals did their own. She is not sure how that happened and how the messages were circulated. I.Y. – National does not have any money; in this election, the tension between collective bargaining and advocacy emerged. The winners had more support on the CB side, but advocacy gives AAUP its reason for being. S. G. – There’s a lot wrong with National in its inability to support activities on campuses; faculty have to believe that affiliation with AAUP is important. It is important to be positive in discussions of National. S. D. - Issues should be discussed in a non ad hominem way. A. F. – The biggest challenges are decreasing membership, lack of funds and apathy. There is constructive work afoot to bring UUP back to AAUP. Chapters do not pay their dues. AAUP is needed now more than ever with the academy and faculty under attack. J. B. – The increase in contingency accounts for decline in membership. Recruiting contingent faculty is very difficult. The CB dues are much lower than AFT and NEA. S. G. – There is always going to be apathy when AAUP can’t show the membership what it can do for them. Find creative ways to organize adjuncts. J. B. - It’s hard to find and reach adjuncts. S. G. – It might be appropriate to think about a regional structure for adjuncts. D. L. – NYSUT has a larger vision and has been more successful organizing adjuncts.

4. How to start an AAUP Chapter

S. D. opened the discussion by asking the question, what can we do to start chapters at colleges. T. P. offered his experience. He talks to interested parties about advocacy vs. union. He will go anywhere in the state to offer support organizing. S. G. – Spent time at a particular campus to provide support, but ultimately there has to be a critical mass of committed people. Someone has to follow through on the campus. D. L. – Organizing faculty today is more difficult than it used to be for many reasons. S. D. – Contingent faculty are less willing to do it since their jobs are on the line.

5. Whistleblower protection and the Government Accountability Project (GAP).

S. D. – Attended the national whistle blowing tour meeting at Syracuse University and spoke about AAUP. Members of all branches of the government were there; panel members presented testimony about personal experiences. GAP represents people who have suffered because of calling attention to wrong- doing in agencies. 

6. 2:30-3:00 - Con Job: Stories of Adjunct & Contingent Labor, documentary discussion by Megan Fulwiler (M. F.) and Jennifer Marlow (J. M.) from the College of St. Rose

The two filmmakers spoke about the project and showed their documentary, Con Job etc., that describes the issues related to casual labor. M. F. had been an adjunct and J. M. had been a writing coordinator. She was the only one in her department raising issues about adjuncts. She said that her main-stream colleagues live in blissful ignorance and are unaware of the conditions under which adjuncts labor. 

Discussion

D. L. – Challenge the necessity of a terminal degree for entry into the tenure track. T. P. – Consider ways to make room for qualified people and make adjunct and lecturer positions apprenticeships for tenure track. Catch 22 for adjuncts who become qualified while at an institution but are not given full-time positions. S. G. – AAUP should work with accreditation agencies to examine number of adjuncts and lobby at federal level on issue of the percentage of full-time faculty required for accreditation. S. D. – Some full-time faculty who have not been adjuncts don’t understand the issues. The people in the film took a risk and could be in jeopardy. S.G. – Shop the film around to public broadcasting stations. C. M. - It is problematic for faculty to refer to themselves as management. D.L. – The problem is the full-time faculty’s acquiescence and lack of identification. S. G, - Shop it around to get it shown to a broader audience. D. M.- It’s hard to capture what is really going on in higher education; as the university becomes more corporate, the administration does not want faculty involved in governance, but untenured and tenured track are populating committees. The university wants silent workers, which is what contingent labor is. M. K. - Faculty are not sympathetic to adjuncts who do not have terminal degrees. I.Y. – This is one part of a larger picture of a labor movement that has shrunk. The reason is that jobs have been transformed and sent abroad. The ILGWU no longer exists because jobs were outsourced. In higher education, institutions deliberately cut costs by hiring low-wage adjuncts. Change will come only if there is political change and a broader movement. J. K. – Unions of adjuncts but universities don’t like unions or want to deal with them. Full-time faculty don’t see adjuncts as people who deserve consideration. A. F. – Adjuncts who are organizing have been successful in publicizing popularly the adjunct story. Mentioned CUNY- paid office hour, yearly appointments, conversion lines that are funded for full-time teaching positions that don’t require research; only adjuncts within a department can apply. 

B.    Business Meeting 

President Linton called the business meeting to order at 4:30 and his motion for an open meeting carried. 

1.    The Minutes were accepted with the correction of spelling of Anne Friedman.

2.    President: David Linton (D. L.)* reported on several issues. He attended a meeting in Ohio about attacks on higher education there, as well as Albany College of Pharmacy where there is a growing chapter. He spoke about the ASA issue. He is pleased with support from National on this. He referred to the eight goals and plans listed in his report. 

3.    Vice-President: Sally Dear-Healey (S. D.)* reported that she will write for Academe and has approached SUNY/Cortland for the NYSCAAUP fall conference, Oct 17 & 18 (24 & 25). She will do outreach for the meeting.

J.K. suggested that UUP may objet to our using a SUNY campus. 
D. L. will inform the UUP president and invite UUP to attend.
S. D. is having conversations with James Mezhir from Niagara County Community College about participating with the Conference.

4.    Treasurer: Pat Cihon (P. C.)* REPORT [PDF]

reported that some chapters have sent dues for a total of $19,000. National has remitted $16,000 for a balance of $50, 000. He reported a deficit of $13,000 for 2013. For 2014, there is a surplus and NYSC may finish the year in the black. The June Meeting is an upcoming expense as was $1000 for the election. He listed the chapters that have dues forthcoming. 

P. C mentioned that NYSC sends four people to the June Meeting and absent a policy, asked, should there be a stipend for other interested members. 
Discussion
S. G. - budget should include funding for a certain number of people and assume that they do not have external support. P. Cihon is the person who should be funded this year in accordance with the Constitution. The question is should there be a policy on who is funded to attend. Publish in Academe that NYSC provides support for people to go to the national meeting. T. P. – NYSC should fund S. D. for the COCAL meeting.

Motion that the decision about attendance at the June Meeting be made by the officers and the Executive Director carried. (I. Yellowitz, J. Kraus) 

5.    Reports and Plans of Standing Committees 

a, Committee A on Academic Freedom and Tenure: Irwin Yellowitz (I. Y.) REPORT [PDF]
.
I. Y. reported that Mary Rose Kubal and Scott Campbell have been appointed to Committee A. He mentioned that a complaint from CUNY went to national. National responded that it could not consider it due to limited resources. NYSC Committee A received it. Two members had to recuse themselves so that the committee could not act. He asked D. L.to convene an ad hoc committee to deal with the complaint. Other than that, there are few cases.

Discussion 

J. K. - Suggested that individuals may not be being targeted S. G. – Asked for D. L.’s assessment of the issue. D. L. – Is waiting to hear from individuals. 

Motion that an expression of gratitude for service on Committee A be sent to Martin Freed and John Thomas carried. (T. Policano, J. Kraus)

Motion to send a get-well message to Frank Higman carried. (D. Linton, J. Kraus)

b. Committee on the Status of Women in the Profession: Sally Dear-Healey (S. D.) REPORT [PDF]

reported that she has collected articles for the website. She has attended and presented at many conferences. S. D. has asked to be on National’s Committee on The Status of Women in the Profession. She is attending SUNY/Cortland’s Women’s Studies Committee. There was a discussion of using social media as a means of communication. 

Discussion

J. K. suggested other social media. S. G. People don’t visit our website unless there is a reason. S. D. need to find a way to get them to the NYSC website. 6. Reports of Councils

a. The National Council: Anne Friedman (A. F.) 

A. F.’s report contained 12 items ( Appendix C). She stated that item 1, mission statement, will come to the annual meeting. On item 2, centennial edition of the Redbook, S. G. - Asked when conferences would be informed. D. L. - Has not yet heard anything. S. D. - Objects to spending funds on an elaborate publication. A. F. - It is for purchase. C. M. - Suggested that the NYSCAAUP organize an event to observe the anniversary. Item 4, organizing agreement with AFT, D. L.- Is interested in the colleges that are organizing. Item 5, dues increase, S. G. - Benefit vs. cost is an issue here. T. P. - Wondered about how the NYSC can influence the National office in making these decisions.


Motion that NYSCAAUP establish a subcommittee to plan activities to commemorate the 100th anniversary of AAUP carried. (J. Kraus and A. Friedman). The anniversary will be observed in Spring 2015 and focus on John Dewey, a founder of AAUP. 

b. The CUNY Council: Cecelia McCall (C. M.)

C. M reported that the struggle on Pathways continues even though two lawsuits were dismissed. Brooklyn College’s faculty resolved at the Stated Meeting of the Faculty to retake control of curriculum decisions. Their intention is to design a new general education program. There is as yet no contract although the unions are working with the city to see if additional money can be created in the budget. TWU’s recent settlement is encouraging. The governor stepped in and their agreement includes retroactive pay. The state passed the governor’s austerity budget, which freezes property taxes, limits spending to only a 2% increase in the next five years and provides tax cuts for the richest families in the state. Needless to say in this election year, labor is very angry with the governor but split about supporting him. In terms of legislation, the boycott bill has not yet been re-introduced and a bill has been introduced by Assemblywoman Glick that calls for a moratorium on the implementation of edTPA, a teacher certification examination that faculty of schools of education have objected to. At NYSUT’s recent statewide RA, the incumbent leadership was defeated and new officers and members of the board seated. Karen McGee has replaced Richard Ianuzzi as president. Lastly, CUNY has a new chancellor, Robert Millikin from the University of Nebraska, who will assume office in June. 

7. New York Academe editor: Jeff Kraus 

J. K, reported that two issues were published, the next issue will come out Labor Day; the deadline is August 15.

The meeting was recessed at 6:20. 

Saturday, April 26, 2014

Present: Jeffrey Baker (J.B.), Monroe Community College; Patrick Cihon (P.C.), Syracuse; Sally Dear-Healey (S. D.), Cortland/ SUNY Oneonta; Anne Friedman (A.F.), BMCC/CUNY; Stephen Goldberg, (S. G.), Adelphi; Jeff Kraus (J. K.), Wagner College (April 25 only); David Linton (D.L.), Marymount; Cecelia McCall (C.M.), Baruch/CUNY; Thomas Policano (T. P.), Irwin Yellowitz (I. W.), CCNY/CUNY. 
Others: James Davis, Bklyn College/CUNY; Marge Heins, NYU; Mary Rose Kubal, St. Bonaventure.

D. L. reconvened the meeting Saturday, April 26 at 9:15. 
He announced that James Davis, Brooklyn College/CUNY, has agreed to represent the CB Council. 

8. Executive Director: Tom Policano - REPORT [PDF]

T. D. spoke to the reports of Kate Eskew, Membership (Appendix A) Chair and Donna Young of the Albany Law School ( Appendix B ). 
Discussion

A. F. - Suggested convening the fall meeting at Albany Law for the fall meeting to highlight what is happening with law schools. S. G. – The report should go to National. T. P. – It may not be a welcoming place, however; people are at risk. S. G. – There are places closer to Albany to explore. 

The Executive Director continued with a report about membership: a decline of 150 members. He announced results of the recent election and asked that the Conference support Dennis Mazzocco to attend the Annual Meeting. P. Cihon will attend in place of Sally Dear-Healey. 

Discussion

S. G. - If the NYSC is supporting others, it should be broader. S. G. - Capitol Hill Day is expensive for chapters and they need justification for spending that money. T. P. - Reaches out to every member of the state conference registered for the June meeting. Put on the agenda of ASC that there be a special Capitol Hill Day next year and perhaps not participate this year. T. P. - Asked for suggestions of people to add to the Steering Committee. In response to statements about the relationship of the organization to members, T. P. - Said that AAUP has suggested that chapters might buy services from the national office. I.Y. – The division between CBC and advocacy reflects reality, but AAUP cannot compete as a CB organization. Its influence comes from the advocacy side; to do that it has to represent the profession. S.G. - Change the Constitution consistent with term limits and be consistent with no term limits. T. P. – These changes have already been published in Academe; we can vote at the next meeting. C.M.– Expressed concern about the way the constitution is being amended. 


D.L.- Withdrew the proposed amendment on term limits and asked the body to consider the language on elections in Article IV, 1, 4e, 7; Bylaws 9. 

The Bylaw section was not resolved.

Motion to approve the amendment to Article IV carried unanimously. (S. D.; P. C.)

Discussion

A. F. – Suggested that there be consultation with National’s legal office at P. C. – Establish a subcommittee to deal with complications of the Bylaw section. 

D.L. appointed T. P., I. Y. and S. G. to resolve the language of the Bylaw section in preparation for the fall meeting.

Elected John Polimini, Kate Eskew and Mary Rose Kubal to serve on the Election Committee.

Recessed at 11:00 and reconvened at 11:20 

10. Committee A Session

a. Mary Rose Kubal spoke about the proposed merger of St. Bonaventure with Hilbert. She said that the presidents announced the possibility of a merger in the fall and mentioned a foundation grant for a study. The faculty asked for the language of the grant. Both chapters drafted a letter asking for faculty involvement. A joint task force with faculty included was appointed. Faculty have been asked for suggestions for synergy, etc. The legalities are unclear. There is great uncertainty. 
Discussion
S. G. – talk to people at NYU, where a merger occurred. T.P. - Fordham/Marymount – faculty were dismissed and there were buyouts. P. C – The state regents play a significant role.

b. Committee A: I.Y asked the members to think about the larger concerns of academic freedom and turned the discussion over to Marjorie Heins, who spoke about the activities of National Committee A. She first said that the staff has shrunk so that Committee work has shifted to the development of policy statements in response to broad issues such as intellectual property, social media. She mentioned written responses to Kansas State’s restrictive policy on speech and the ASA issue. The committee has investigated campuses that have used financial exigency to lay off faculty. I. Y mentioned that CUNY revised its policy on financial exigency after is was censured by National. 

Discussion

I. Y. - Asked the question, if tenure is disappearing what is replacing it. There are specified procedures to replace tenured faculty that protect academic freedom. What is left? M. H. - Responded, the First Amendment. S. D. – When showing controversial material, faculty may be required to issue “trigger warnings.” M. H. – That’s on the agenda for Committee A. T. P. - Asked S. D. to indicate how many colleges have this regulation. M. H. – It’s more like prior restraint and may be the second wave of speech codes. M. H. – FIRE deals with these issues. S. D. – Students were expelled at a college for belonging to off-campus organizations that their department disapproved of. D. L. – The committees work seems reactive; is there a proactive component? M. H. – Both. 

11. Old business

none

12.New Business


Motion to adjourn carried: 12:05


*Written report submitted. 

Appendix A Membership Report Kate Eskew

Canisius: I attended a meeting of faculty at the end of March, and was part of a panel discussion. Also on the panel were representatives from NYSUT, and 2 faculty members who were part of the faculty senate. Of note, the Canisius faculty does not have collective bargaining and yet they are affiliated with NYSUT (associate member is how I remember it). They are anticipating some potential layoffs and also possible consolidation/elimination of programs. We discussed the possible actions they can take and I presented the AAUP positions on retrenchment and layoffs. I also encouraged them to stay in contact with the NYS-AAUP as the process continues and assured them we would provide support and feedback to them. 

SBU/HC Discussions: Meetings are still ongoing between the Boards of Trustees to ascertain the financial viability of the possible merger. In addition, a group of faculty are now meeting with the Provosts/Academic VP’s to investigate areas of collaboration between academic programs. Initially this was presented as a way to investigate possible “areas of synergy” that we could present to the boards. None of these ideas are supposedly going ahead unilaterally; it is a opportunity to see if the faculty can identify possible areas to enhance both colleges. However, it has become clear through the process, that is being facilitated by an outside consultant, that these are likely to be the first areas we work on when the merger happens. Although we are being told the merger is still in the “investigating the feasibility stage” there is a clear consensus on the part of most of the faculty and staff that it is going to happen. 

The Hilbert faculty and staff are still concerned about the lack of transparency by our administration and the perception that the administration is moving ahead with only minimal input from faculty, staff and students. We met with the President of the college, Dr. Zane and the President of the Board of Trustees last week, and the room was overflowing with faculty and staff. It became clear that the president of the board was not aware of the tension between faculty/staff and the administration. We were able to apprise her of some of the key concerns and are planning on having representatives meet with her over the summer months. I hope Rose is able to fill you in on the SBU viewpoint of the merger. 

 

Appendix B. Statement to AAUP - NY, Professor Donna Young, Albany Law School, April 25, 2014

I would like to thank Tom Policano for inviting me to make a brief statement at today’s open forum. I regret that I am not able to attend in person.

My name is Donna Young and I am a tenured professor at Albany Law School in Albany NY and the President of the law school’s new AAUP Chapter, a Chapter whose membership comprises a majority of faculty members including tenured, tenure track and long term contract faculty. 

With the help and support of the New York and national AAUP, our Chapter served as a vehicle for bringing together faculty members to address serious threats to tenure, security of position and shared governance.

A year ago, the law school announced in a local business magazine (without notice to the faculty) that it would be downsizing faculty in anticipation of lower enrollments. The number of faculty members had already shrunk by over 20% in three years due to attrition. It later turned out that the school’s planned “headcount reduction” was to be achieved by laying off faculty members based on evaluation according to a list of criteria, generated entirely without faculty input, which included:

comprehensive syllabi
leadership
contribution to extra-mural activities at school
attendance at faculty meetings
regular presence on campus
monitoring and reports class attendance in timely fashion
assuming responsibility for improving the law school

And so began a year of insecurity, fear of retaliation, low morale, suspicion and anger. In a move rare at American law schools and unprecedented at Albany Law, a majority of faculty members joined in October to form a local Chapter of the AAUP. The very existence of this Chapter should have indicated to all concerned that all was not well at the law school. Of primary concern to our AAUP members was the seeming hostility of the law school toward security of position of faculty members and toward faculty governance. Plans to downsize the faculty were made with no faculty input, and if put in place as described would have eviscerated tenure and academic freedom at the law school and put the school in clear violation of its own rules and ABA accreditation standards. 

Because of AAUP Chapter organizing, the law school relented on firings (for the time being) and offered voluntary separation agreements (buyouts) to the first eight faculty members who accepted. 

Like many law schools around the country, Albany Law School is facing unprecedented challenges. In that regard it is not unique. And because these challenges are not unique to my law school, I believe that the AAUP can be of enormous assistance to law schools around the country sure to face similar challenges. It is my hope that law schools will reach out to the AAUP and work to protect and promote the core AAUP values of academic freedom and shared governance.

Appendix C, AAUP National Council Meeting November 23-24, 2013, Report to New York State Conference April 25-26, 2014, Submitted by Anne Friedman (District XIII Council Member)

Items of note based on draft of Council Minutes to be approved at the June Council meeting:

1. The committee approved and will bring to Council a revised version of the Mission Statement with the following new language in bold:

The mission of the AAUP is to advance academic freedom and shared governance; to define fundamental professional values and standards for higher education; to promote the economic security of faculty, academic professionals, graduate students, post-doctoral fellows; and all those engaged in teaching and research in higher education; to help the higher education community organize to make these goals a reality; and to ensure higher education’s contribution to the common good. Founded in 1915, the AAUP has helped to shape American higher education by developing the standards and procedures that maintain quality in education and academic freedom in this country’s colleges and universities

2. There will be an 11th (centennial) 2015 edition of the Redbook.

3. Committee A on Academic Freedom and Tenure: Approved two policy statements: 1) “Academic Freedom and Electronic Communications,” revised 2013; b) “Statement on Intellectual Property.”

4. There is a new tentative Joint Organizing Agreement with the American Federation of Teachers.

5. There will be a recommendation to the Annual meeting of a dues increase for part-time and graduate students category in NEW collective bargaining chapters. Proposal is for $75.

6. The AAUP 2014 budget was adopted.

7. There was a report on the newly constituted Department of Chapter and Conference Services: its goals, proposed services and pilot services under development.

8. State Conference organizing pilot projects are in place in Nevada and Oregon.

9. There was a discussion about strategies to promote the inclusion and adoption of AAUP policies on tenure, due process, and contingency into faculty handbooks and collective bargaining agreements.

10. There was a discussion about the need to review and evaluation the Association’s standing committees.

11. The AAUP Foundation continues its efforts in fundraising and developing a Centennial campaign.

12. Resolutions honoring Martin Snyder and Susan Smee upon their retirement were passed.

Respectfully submitted by C McCall 5/5/14. updated ___________