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Page 3808    Minutes of Senate Meeting 197   7 Apr 1993



         The Senate of Michigan Technological University
                   Minutes of Meeting No. 197


I. Call to Order
  At 7:04 pm on Wednesday, 7 April 1993, President Sharik called
  the meeting to order in Room 105, Memorial Union Building.

II. Roll Call of Regular Members
    26 Senators or alternates were present.  Senators or alternates
from the following units were absent:  AF ROTC, Computer Sciences,
Graduate Student Council.   Absent Senator-at-large: Vable.  KRC
was represented by C. Green.  President Sharik welcomed the return
of P. Boutilier to the Senate.

III. Recognition of Visitors
    J. Coleman-Plouff (Senate Secretary Asst.), T. Collins (Sch of
Tech), J. Glime (Bio Sciences), M. Goodrich (MTU Tech Topics), R.
Heckel (Met & Matls Eng), M. Kilpela (Sch of Tech), J. Jamar (Sch
of Tech), P. Johnson (Van Pelt Library), K. Lipmann (MTU Lode), D.
Poplawski (Ctr Exp Comp), P. Tampas (Sch of Tech), J. Waber
(Physics), W. Weingarten (Sch of Tech).

IV. Agenda Adjustments
    Sharik referred to the Agenda (Appendix A of these minutes) and
noted that Item 11.A should include "other related matters", and
that there should be added a new item, "11.C Senate appointee to
computer executive committee".  Sharik also indicated that Item
III, Approval of Minutes, would be omitted because the minutes of
Meeting 196 had not been distributed.

V. Message from the Provost
    Sharik invited the new University Provost, Fredrick Dobney, to
address the Senate.  Dobney said that if shared governance were to
become a reality, relationships between the administration and the
Senate would have to be closer than in the past, requiring goodwill
and open lines of communication from both parties.  Dobney said he
had initiated biweekly meetings with the Senate officers and
administrators as part of this effort.  Citing a need to expose the
Senate to the campus and community to help them understand its
significance, Dobney suggested that the Senate videotape its
meetings and broadcast them on a public access cable channel.
Dobney said this was done at Washington State University, where the
audience was surprisingly diverse and numerous.  He said he would
be willing to underwrite the cost of the project, and that it would
be a valuable means of communicating with the Senate's
constituency.
    Asked if he planned to attend Senate meetings regularly, Dobney
replied that it was not likely, unless the Senate wanted to ask him
about specific plans.

VI. Special Report on the Library
    Sharik introduced Phyllis Johnson, Director of the Van Pelt
Library, for a presentation about the library.  Johnson discussed
the library's automation project, which has objectives of bringing
the on-line catalog into conformity with the rest of the campus
system and of increasing functionality.  The opportunity for this
is a product of the removal of the IBM main-frame computer.  From
four options the library selected a move to the Unix-based NOTIS
system, requiring purchase of appropriate hardware.  This option
will allow access to the full library facility from the campus
network.  MTU will be an early-release site for the NOTIS software,
resulting in increased support during installation.  The software
is used at many major universities in Michigan, and conforms to
ANSI standard Z39.58.  Functionality will be improved with an
ability to access not only the MTU library's holdings list, but
various on-line databases and external library systems. 
Installation and switching to the new system will occur in January
1994.
    Initial questions and answers involved the possibility and the
mechanics of accessing various databases, including catalogs of
other Michigan libraries, Chemical Abstracts, Science Citation
Index, etc.  In response to a question about the cost of
conversion, the budget for the new system was distributed (Appendix
B of these minutes).  Johnson explained that most of the expenses
were going to be only continuation of current spending.  Provost
Dobney also responded to the question, saying that some of the
expenditure was a one-time expense, and would be paid with some
funds that were available on a one-time basis as a result of
conservative estimates of the university's budget.  Dobney also
explained that the University does not have a good budget control
system, but it appears that there is a slight surplus that can be
used for the library.  Johnson said that the budget for book
acquisitions is $90,000, but that journal subscriptions represent
93% of the total acquisitions budget.  Other questions involved the
library's plans for purchasing various databases.
    Sharik thanked Johnson for her presentation and called for a
5-minute break.

VII. Senate President's Report
A.  Sharik said that as Senate President he was a member of the
     Steering Committee for the Total Quality Management (TQM)
     program.  Rebecca Christianson had been scheduled to make a
     presentation about the program to the Senate, but was out of
     town and would speak at the next Senate meeting.  Sharik said
     the program is not intended to change the vision of the
     University, but to use the techniques of TQM to realize the
     vision.  Sharik listed the items on which the Committee had
     focused in prioritizing TQM objectives: (1) establish
     enrollment management; (2) develop a performance-appraisal
     system for all MTU employees based on TQM considerations; (3)
     develop a five-year plan incorporating all Total Quality


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     Education (TQE) goals, objectives and measures; (4) improve
     governance and decision-making; (5) develop a professional-
     development program for all MTU employees; (6) coordinate
     departmental graduate program administration for improved
     efficiency.  Sharik said that each member of the Steering
     Committee had been assigned one of these objectives as a
     sponsor; the Committee consisted of the MTU vice presidents,
     the Senate President, and the Chair of the University Planning
     Committee.  Sharik said he was the sponsor for the fourth
     objective, and that one of the first activities with the TQE
     approach is to put together a project team to consider the
     area of governance.
B.  Sharik said that on March 29, he and Vilmann had met with Dr.
     Ken Rowe, a new member of the Board of Control from the local
     area.  Besides opening up avenues of communication with the
     Board, the purpose of the meeting was to obtain feedback on
     the revised constitution.  Rowe indicated he had not received
     any major criticism of the revision, based on initial readings
     by the Board.
C.  Sharik said that the Senate Council was beginning to meet
     regularly with Provost Dobney at his request, with the agenda
     for these meetings open.  A. Jambekar, chair of the Senate
     Financial Planning & Policy Committee, has been asked by the
     Provost to join these meetings.  Other committee chairs may
     be brought in as the agenda warrants.  At the initial meeting,
     topics included (1) the budget & long-term planning of the
     budget, including the need for early Senate involvement; (2)
     the revised Constitution & Bylaws, and the Provost's concerns
     with these; (3) fringe benefits, with further meetings planned
     between the Provost, the Fringe Benefits Committee, and the
     Senate Financial Planning Committee;  and (4) the four-year
     technology program.
D.  Sharik said that if any Senate committee is missing numbers or
     diversity, its chair should contact the officers.

VIII. Vice-President's Report
Vice-President Vilmann said he had nothing to report.

IX. Committee Reports
A.  Curricular Policy Committee.  Chair Bornhorst referred to the
     Committee report (Appendix C of these minutes) distributed
     with the agenda, and said the Committee was recommending that
     the full Senate approve the Proposal for the Bachelor of
     Science Degree in Engineering Technology.  Bornhorst noted
     that the proposal had generated a lot of rumors.  An early
     version had been reviewed by the University Direction &
     Planning Committee.  Bornhorst said the proposal received in
     December 1992 had since been rewritten, and that the current
     proposal was in fact new and much different.  The issues of
     need, resources, linkage, and approach had been examined
     carefully in the original proposal, and the Curricular Policy
     Committee had asked the School of Technology to make major
     revisions of the proposal.  The Committee had passed the
     revised proposal with a 7-2 vote.
         Bornhorst said that controversy about the proposal turned
     on two basic issues.  The first involved the need of the State
     of Michigan for the proposed program, and the merit of the
     program.  Bornhorst said the seven positive votes in effect
     affirmed the need and merit.  The second issue involved
     questions about the appropriateness of the proposed program
     to the mission of Michigan Tech, including the emphasis on
     graduate education.  These considerations had provoked the
     two negative votes.  The persons voting negatively had written
     a minority report.  Bornhorst distributed copies of the
     proposal (Appendix D of these minutes) and of the minority
     report (Appendix E of these minutes).
         Sharik called for general questions about the proposal.
     Mullins asked if the "mission" mentioned by Bornhorst referred
     to the "vision statement".  Bornhorst replied that the vision
     statement was pretty broad, and that he had implied not only
     the statement itself, but also connotations invoked in
     individual imaginations.  Roblee said that the vision
     statement was so broad that it could be interpreted to suit
     any individual's purpose.  Sharik asked about the preferred
     timetable for handling the proposal.  Bornhorst replied that
     a discussion and vote on the proposal should occur at the next
     meeting; if approved, the proposal would be implemented in
     Fall 1994.  Mullins asked if there were a written majority
     report of the Committee.  Bornhorst replied there was not, but
     that the minutes of the meetings were available, and that the
     proposal itself represents the majority opinion.  Bulleit said
     the usual practice was for proposals to come from committees
     merely with a report recommending approval or disapproval, and
     that the minority report is the unusual feature of this
     Committee report.  Mullins said there ought to be a majority
     report.  Roblee suggested that Mullins read the report.
     Bornhorst said that the general approach in the revised
     proposal had been recommended by the Committee, and that the
     Committee had even edited the wording of the original
     proposal.  Mullins said he would like to see more information
     about the favorable decision.  Bornhorst replied that he could
     send Mullins copies of the Committee minutes.
         Heyman asked for a five-year projection in the enrollment
     in the proposed program.  Collins said they were proposing a
     no-growth limit of 25 students per year per program, or a
     total of about 100 students.  Heyman asked about the no-growth
     assumption.  Bornhorst said the Committee had asked for and
     received a detailed analysis of teaching loads in the School
     of Technology.  Heyman asked whether the analysis included the
     impact outside of the School of Technology, and said that the
     projected increase of 50 students per cohort would have
     minimal impact on his department.  Bornhorst said that the
     projected impact depended heavily on the total enrollment in
     the University.
B.  Constitution and Constituency Committee.  Chair Heuvers
     reported that a Third Draft of the revised constitution
     (Appendix F of these minutes) had been circulated to the
     Senate with a cover memo from President Sharik.  The memo
     indicated that the full Senate ought to decide the location
     in the proposed revision of some important sections concerning
     which subset of the proposed senate was to have authority over
     certain matters.  Sharik commented that these sections had
     been left in the same position in the Third Draft as in
     earlier drafts.  However, a majority of the Committee now
     thought they should be relocated.  Sharik called for a motion
     concerning the shifting of the indicated sections.
         Roblee moved that items III-F-1-a-5 and III-F-1-a-6 be
     shifted to fall under part III-F-3-a [i.e., admissions and the
     academic calendar be shifted from academic to general
     concerns].  Vilmann seconded the motion.  Bulleit asked what
     the


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     phrase "and prerequisites" meant in item 5.  Vilmann said he
     assumed it meant high school preparation.  Grzelak said he
     supported the present location of both items as exclusively
     matters belonging to the academic faculty.  Heyman said that
     part of the concern with the academic calendar lies in
     previously proposed changes to the semester system.  Whitt
     said that she had read "prerequisites" as meaning course
     prerequisites within the University.
         Whitt said she wanted to hear the committee's reasons for
     moving these items.  Heuvers said the committee did not
     unanimously favor moving these items.  Glime said that
     admission standards are now set outside of the academic
     faculty by the administration, and that the shift to
     consideration by the full senate would maintain the experience
     and provide for the input of those now handling the problem.
     She also said the shift in the calendar item would allow for
     the input of persons concerned with co-op programs and
     athletics.  Whitt said the shift of these items involved two
     different issues: the first is associated with the input of
     information needed to make a decision, and the second is
     involved with the normative question of what should the
     standards or calendar be.  Whitt said the latter may be an
     exclusively  faculty issue.
         Sharik asked Roblee if he would accept a friendly
     amendment that the items be considered and voted on
     separately. Roblee said he would.  Sharik called for comment
     on the admissions issue only.  Vilmann asked if the item could
     be clarified by rewording to read "prerequisites for
     admission", or just deleting "and prerequisites".  Roblee
     accepted a friendly amendment by Vilmann to delete "and
     prerequisites".  The amended motion to shift item III-F-1-a-5
     (admission standards) to III-F-3-a passed with a show-of-hands
     vote, 15-10.
         The amended motion to shift item III-F-1-a-6 (academic
     calendar) to III-F-3-a failed with a show-of-hands vote, 6-16.
         Heyman moved to shift items III-F-1-b-2, -3, -4, -5 & -6
     to fall under III-F-3-b, with separate votes on each item.
     Hubbard seconded the motion.  Sharik called for separate
     debate on each item, with admissions procedures to be
     considered first.  Hubbard asked how "procedures" were
     distinct from "standards", which the Senate had already voted
     to shift.  Grzelak said that the two should be grouped
     together.  Vilmann said that the item covering "standards"
     involves the establishment of policy, while the item about
     "procedures" involves only recommendation of policy.  Glime
     said that the problems with procedures are typified by the
     experience this year with the School of Technology's drop in
     enrollment.  Grimm said that he did not favor having differing
     responsibilities and voting rights for different members of
     the Senate, and that the judgement, intelligence, and
     interests of Senators should be trusted regardless of the
     individual affiliation.  The motion to shift item III-F-1-b-2
     on admission procedures passed 20-3 with a show-of-hands vote.
         Sharik asked for discussion of shifting item III-F-1-b-3,
     "student financial aid and scholarship".  Grzelak inquired
     whether it should read "scholarships".  Heuvers said that it
     should.  Sharik asked whether it was necessary to include "and
     scholarships" and Heyman accepted the deletion as a friendly
     amendment.  The motion to shift the amended item passed 16-4,
     with a showing of hands.
         Heyman said that he was opposed to shifting any of items
     III-F-1-b-4, -5, and -6, because these are concerned with
     direct administrators; the academic tenured faculty are a
     collegial body, who stand aside from these administrators in
     a different way than the hired staff.  Glime said that moving
     item III-F-1-b-3 would bring the constitution in line with
     current hiring practices for these positions.  Heuvers said
     that these items were put into the academic faculty list to
     bring the constitution into line with the recent faculty
     governance proposals.  Sharik said the search procedures had
     been broadened from the governance proposals.  Moore said that
     as a librarian, falling outside of the defined academic
     faculty, she would like the items to be considered by the
     whole senate, so that she could have input into who her boss,
     the Provost, would be.  Whitt said that any arguments for
     confining these items to the academic faculty would have to
     be based on a presumed special expertise of the faculty.
     Whitt said she failed to see that the faculty have any such
     expertise in selecting administrators.  Heyman said that he
     was basing his position not on grounds of expertise but on
     relative independence.  He said that tenure-track and
     especially tenured faculty have historically had the ability
     to stand aside from the administration as other groups of
     employees have not.  Julien said the location of the item made
     no difference, that the discussion concerned selection of the
     candidates who were to represent the Senate on search
     committees for administrative positions.  Whitt asked if the
     current location precluded the representatives who were not
     academic faculty from making recommendations.  Sharik said
     that it did.  Bornhorst said that the current location keeps
     one group from being represented on these matters, because
     Staff Council will have their input apart from the Senate.
     McKimpson said the recommendations should come from a group
     as broad as possible, that is, the full Senate.
         Sharik said that Ken Rowe and the Provost found the new
     constitution attractive because it did have a broader
     constituency with less partitioning of the decision-making
     process.  The motion to shift item III-F-1-b-4, selection of
     university-wide administrators, passed 17-4 with a show-of-
     hands vote.
         Sharik called for discussion of the motion to shift item
     III-F-1-b-5 on administrative procedures.  There was no
     further discussion.  The motion to shift item III-F-1-b-5
     passed 20-3 with a show-of-hands vote.
         Sharik called for discussion of the motion to shift item
     III-F-1-b-6 on evaluation of administrators procedures.
     Bulleit asked if the item meant "university-wide" or "all"
     administrators, including department heads.  Sharik asked the
     Committee to comment.  Moore said she thought it meant
     university-wide administrators, and proposed a friendly
     amendment to reword or clarify the item in this way.  Heyman
     said this would require another item to provide for evaluation
     of administrators who were not university-wide, for example
     the college deans.  Heuvers said the item was based on the
     governance proposals.  Sharik said the item concerned not the
     process itself, but review of the procedures for evaluation,
     and that the intent of the committee was to include all
     administrators.  Grzelak said it appeared that evaluations
     based on the governance procedures distinguished between
     different levels of administration.  Sharik said they did, but
     that the range of governance procedures covered all
     administrators.   The motion to shift item III-F-1-b-6 passed
     19-5 with a show-of-hands vote.
         Sharik asked for further comments on the revised
     constitution.  Whitt asked about the input Sharik had received
     from


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     a lawyer consultant and from the Provost.  Sharik said the
     Provost was concerned with item III-F-1-a-14 (page 6), which
     weakened all the previous statements.  That is, it is such a
     general statement that it means anything anyhow, so why
     specify the other items.  Whitt said she did not see the
     reason for that thinking, that item 14 merely says there might
     be other matters that the faculty has not thought of that need
     to be brought up.  Sharik said that this appeared to be the
     intent of the Committee.  Keeble said that he wished to
     propose an amendment, and asked if this was the appropriate
     time for it.  Sharik said amendments should be deferred to Old
     Business, but that the floor was open for general discussion
     of the revised constitution.
         Referring to item 14, Hubbard said the first 12 items were
     specific items, that item 13 allowed the Board of Control to
     give further authority to the Senate.  Item 14 gives the
     academic portion of the Senate authority to give itself
     authority, which gets pretty far afield from kinds of
     authority established in the previous items.  Whitt agreed
     that the item leaves things open, but said she felt strongly
     that it should remain in place.  Without it the senate is
     relying on the imaginative powers of the Committee to list
     everything over which the senate would like to have authority;
     the item allows the senate to add such things to the list.
     Bulleit said he agreed with Whitt, that our predictive
     capabilities are limited.  Julien suggested changing "other"
     to "additional to these".  Heuvers said that the item might
     be reworded to allow matters normally handled in the
     department to be brought before the senate.  Grzelak suggested
     rewording to read "other appropriate matters referred to it
     by the academic faculty".  Jambekar said the document would
     not remain static, but would evolve.  Sharik said the bylaws
     would certainly change.  
         Vilmann said the item in previous drafts included "other
     matters as defined in the Bylaws", and wondered what had
     happened to that statement.  Heuvers said that this item was
     originally in the bylaws, and had been reworded in moving to
     the body of the constitution.  Glime suggested that the
     meaning of item 14 might be clarified by simply swapping
     places with items 13 and 14, with the clear intent of
     confining the authority to matters similar to those of the
     first 12 items.  Bornhorst said that the item might be
     reworded to include "other matters usually decided at the
     department or college level"; this would coincide with the
     Committee's intent, and would be different from the present
     open-ended statement.  Keen said that a Board of Control
     lawyer would be insane to recommend approval of a constitution
     with a provision allowing the faculty to establish policy on
     any matter whatsoever.  He said that the statement guarantees
     that the document will not be approved by the Board, and that
     the statement should be deleted if the Senate wants the
     revised constitution to be approved by the Board.  Whitt said
     this would be caving in to their criticism before there was
     reason to, and that the elimination of the item would severely
     limit the areas over which the senate would have authority.
     Heyman said that even if the senate were able to act on any
     matter, it does not assume the final authority, which rests
     with the President and the Board of Control; the proposed
     authority merely holds them to a more formal structure than
     the present.  Heyman also said that the item could be worded
     more acceptably, and suggested an alternative.  Sharik said
     new wording as an amendment would have to wait for Old
     Business on the Agenda.
         Heuvers moved that item III-F-1-a-14 be reworded to read
     "Other matters normally under the jurisdiction of the
     department referred to the Senate by the academic faculty of
     the department", and that items 13 and 14 (as reworded) be
     interchanged.  Bornhorst seconded the motion.  Mullins said
     he thought this was a somewhat arcane way to do it, and that
     the wording used in previous drafts was preferable.   Hubbard
     asked whether this amendment should be proposed under Old
     Business. Sharik said that it should be.
         Hubbard also referred to Section II-D (page 2), concerning
     election of senators-at-large, and said that senators-at-large
     should be elected at-large by the whole constituency, not just
     the academic faculty.  Sharik said that the wording is taken
     from the current constitution.  Heuvers said it reflects
     current practice.  Hubbard said that this did not mean that
     it is correct.  McKimpson said that the designation is
     incorrect and should properly be "faculty senators-at-large"
     to be consistent.   Hubbard said that everybody should be
     eligible to be a senator-at-large and that everybody should
     be able to vote for them.
         Sharik introduced some comments about the revision made
     the day before by Provost Dobney in a meeting with Senate
     officers.  Sharik said that the President, the Provost, and
     the Board of Control had been given a draft of the revision
     two weeks before the Senate's meeting in March, and that these
     comments are the first feedback, negative or otherwise.
     Sharik said that Dobney was concerned with the addition of
     authority, which could create confrontation with the Board of
     Control.  The request for authority could put the Board in an
     awkward situation.  Sharik said the officers argued vehemently
     against this position, and reminded the Provost that the
     current constitution only allows the Senate to make
     recommendations on academic matters, and that the Senate is
     ineffective under such conditions.  Sharik said that the
     Provost seemed to come to appreciate the Senate's position,
     including the provisions for the president to veto proposals
     and for the Senate to go directly to the Board.  The Provost
     and the officers had disagreed whether the proposed revision
     was true shared governance.
         Vilmann noted that the Provost had said finally that the
     revision was something he could live with.  Vilmann also said
     that the Provost was concerned that the authority provision
     would cause the Board to reject the revision, furthering the
     confrontational attitude between the Senate and the Board.
     Whitt said that without the authority, we really didn't have
     anything.  Vilmann said that this was what the officers had
     told the Provost.  Sharik said that the officers also reminded
     the Provost that the Board retained ultimate authority.
         Sharik read from parts of a letter (Appendix G of these
     minutes) faxed on April 6 to Sharik by attorney Mark Cousens.
     The Constitution & Constituency Committee had decided to seek
     a legal opinion of the revised constitution, and Sharik had
     sent a copy to Cousens, who had agreed to review it without
     charge to the Senate.  Sharik said that the Senate should
     realize that Mark Cousens had been approached through the
     American Federation of Teachers, and that Cousens advises on
     union matters.  Hubbard said the lawyer's opinion, that the
     Board may not be able to delegate authority, leaves open the
     possibility that the law can be changed; that is, the
     legislature might allow the Board such delegation.



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         Sharik said that the Committee did in fact realize that
     the Board retained ultimate authority, that the revision
     represented a compromise between a contract and the ability
     merely to recommend on only academic matters, and that it was
     written in the spirit of community and of shared governance
     and shared responsibility.  Heuvers said that he agreed with
     Sharik's assessment.  Waber said that it was desirable to have
     the document outlining the authority, that otherwise we are
     left with the former situation where we only talk about
     things, and that without the ability to approach the Board we
     are left with almost nothing.  Whitt said that the alternative
     to the revision is the status quo, but that the Senate should
     have no illusions about the legal standing of the revised
     constitution.  Fynewever asked how the document might be
     affected by the future possibility of unionization.  Hubbard
     said that the constitution could be made part of a union
     contract.  Whitt said that this had occurred at other
     institutions.  Sharik said that the letter from attorney Mark
     Cousens argued this point exactly.  Heyman said that if there
     were any conflict between a Senate policy and union contract
     with the Board, the contract would be a much stronger legal
     document than the Senate policy, which is essentially a
     recommendation to the Board of Control.  Julien said that
     inclusion of a Senate constitution in a union contract makes
     the constitution a much stronger document.  Heyman said the
     Senate is not legally capable of interfering with a union
     contract.  Boutilier said that inclusion of a constitution in
     a union contract would have to be bargained.
         Sharik called for a 10-minute break at 9:40 pm.
C.  Elections Committee.  Chair Heyman reminded the Senators that
     he had sent out nominating forms for Senator-at-large and for
     membership on the University Committees on Academic Tenure,
     Sabbatical Leave, and General Education.  Heyman said that
     Sharik had been notified by Sam Marshall that Marshall intends
     to leave the Committee on Academic Tenure, and a replacement
     is needed.  Heyman reminded the Senate that Marshall had been
     appointed to serve in place of MacLennan, who had resigned.
     Heyman had talked with MacLennan, who said that her initial
     letter of resignation (Appendix H of these minutes) had
     requested replacement for the 1992-93 academic year, and that
     she would like to return to serve her third year, 1993-94.
     Heyman suggested that the Senate ask MacLennan to serve.
     Sharik said that if there were no objections, MacLennan would
     be considered a Senate appointee to the Committee on Academic
     Tenure.
D.  Fringe Benefits Committee.  Chair Leifer announced four items
     for discussion.  First, the cost analysis is late for the
     remaining two-thirds of the retirement benefits package.  As
     soon as the analysis arrives, the Committee will meet, analyze
     the results, and report to the Senate.
         Second, the sick leave pool proposal was presented to
     Provost Dobney on April 7.  The Provost seemed to be in favor
     of the proposal, and was giving it to CFO McGarry for a rapid
     analysis.  The Provost said it might be presented to the Board
     by their May meeting and implemented as soon as June or July.
         Third, Leifer referred to a proposal for supplemental
     health benefits package (Appendix I of these minutes)
     distributed to the Senate.  Leifer said that the package put
     together last year unintentionally excluded two classes of
     TIAA-CREF participants who are not covered now.  The number
     of these individuals are few, so the proposal is a low-cost
     item.  As an illustration of the first class, Leifer cited the
     example of Harold Lord, who died last year with a total of 79
     retirement points.  His spouse would not have been able to
     obtain retirement health benefits.  The second class includes
     individuals on long-term disability who have used up their
     allotment of sick leave.  The supplemental benefits package
     would pay their health care; the cost is probably low, in any
     individual case, because the individual is likely to either
     die or return to work.  Leifer said that this benefit also
     addresses the needs of younger faculty, not retirees.
         Fourth, Leifer addressed some comments he had heard that
     Bill McGarry had made.  Leifer said that McGarry's estimates
     of "millions of dollars" for the costs of certain programs
     does not mean an up-front cost.  Rather, the requirements of
     the FASB, the Federal Accounting Standards Board, are that the
     funds for the program be set aside yearly, so that over time
     a considerable sum will be built up and may become a self-
     sustaining program.  Hence, an announced $20 million cost
     estimate for a program does not indicate an up-front or an
     annual cost.
         Heuvers asked about the "Patient Advocate" brochure and
     new imprint on the pocket card recently distributed by
     Traveler's to MTU employees.  Leifer said that it represented
     no change in the MTU program, despite the imprint on the
     Traveler's card.  Leifer explained that the program was
     mandatory for all Traveler's participants except MTU, and that
     using the standard cards saved the University the cost of
     printing special cards with a different message.  The brochure
     circulated with the new cards indicated the program was not
     mandatory.
         Roblee asked to address a comment to Leifer.  Roblee said
     that what had happened with fringe benefits was not quite fair
     to individuals on the MPSERS retirement plan.  The particular
     issue was the two percent given in lieu of the MPSERS
     retirement health package.  Roblee said that Leifer's
     statement, that employees with MPSERS have health insurance
     coverage at retirement, is not necessarily true.  Roblee said
     MPSERS works by allowing health benefits to accumulate at 10%
     per year after 20 years on MPSERS; after 30 years of
     employment an individual would have 90% coverage.  Thus the
     statement's last comment, that "the above request is already
     met by MPSERS participants", is not quite accurate.  Roblee
     said Leifer should look into the MPSERS plan a little bit
     more.  Leifer replied that the Committee had looked at this,
     that MPSERS individuals with 10 or 15 years of service have
     this coverage, and that this can be checked with Ingrid
     Cheney.  Sharik said that Roblee should bring the problem to
     the Committee if it does exist.
E.  Institutional Evaluation Committee.  Chair Hubbard said the
     Committee is still working on the departmental governance
     problem, and will have a proposal ready soon.  Sharik
     commented that the governance proposals passed by the faculty
     last year had been submitted to the administration, and had
     been returned to the Senate for clarification.  Hubbard said
     the matter was one of terminology connected with deans and
     directors.
F.  Instructional Policy Committee.  Chair Heuvers said the
     Committee had no report.
G.  Research Policy Committee.  Chair McKimpson said that the
     Committee had been asked to look into the fringe benefit rate
     increases.  The recent increases should not affect current
     projects funded at the old rates, but project managers should
     check their accounting statements closely.



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Page 3813    Minutes of Senate Meeting 197   7 Apr 1993


         McKimpson also called upon Senators to report negative
     impacts of the removal of the mainframe computer to the
     Committee.  Vilmann said these problems are also being
     considered by the Computer Advisory Committee.
H.  Financial Planning & Policy Committee.  Chair Jambekar said the
     Committee had been formed, with members Baillod, Boschetto,
     Gale and Pickens.  The Committee is likely to become involved
     in the discussion of funding of the proposals of the Fringe
     Benefits Committee.  Jambekar said he had met with McGarry
     three times, and had discussed three issues.  The first was
     the automobile allowance for the President and Vice-
     Presidents.  These allowances were written into employment
     contracts, based on cost estimates from a AAA consultant.
     Whitt asked for a clarification: were the individuals not
     actually provided with an automobile, but with extra salary
     to cover the expense?  Jambekar said that was correct.  The
     allowance was a policy established by the Board of Control.
     Sharik said that changing the allowance would require a change
     in policy structure.  Vilmann suggested that they all be
     furnished with Escorts.  Jambekar replied that perhaps a
     second-hand car might be appropriate.
         The second issue discussed with the administration was
     diversion of academic funds to support obligations to retiring
     personnel on the MPSERS plan.  Jambekar said the
     administration told the Committee that every unit was affected
     by this, not just academic units.  The plan had been presented
     to the Board as a no-cost item and accepted as such, based on
     6-months non-replacement of the retiring individual; the plan
     had been developed by Bert Whitten.  Jambekar said that
     McGarry was trying to identify the long-term financial
     obligations of the University, and that auditors from the
     Michigan Attorney General's office were auditing MTU's books.
     As soon as McGarry has a firm picture of the long-term
     obligations, he will make a presentation to the Senate.
         The third issue had been raised in the meeting of the
     Senate officers with the Provost and CFO McGarry, and related
     to the involvement of the Senate in financial planning, an
     infraction of Board policy.  As far as Dobney and McGarry are
     concerned, Senate involvement is permissible.  Carstens posed
     a general question: who makes policy for the Board of Control
     and why can't they be changed?  Jambekar referred to the page
     from the Board's Procedure Manual he circulated at previous
     meetings regarding the possible conflict with Board policy
     [Meeting 195, Appendix I]; Jambekar said that page had been
     signed by Bill Lucier.  Sharik said the single source of
     proposals to the Board has been through the administration,
     and that is what the constitutional revision attempts to
     change.  Julien said that during the change in titles last
     year, the Board by acclamation changed more policy in a half-
     hour than in several previous years; the Board changes policy
     when it wants to.
         Roblee said that he was still concerned with the academic
     departments having to fund part of the retirement of MPSERS
     personnel; this can have a significant long-term impact.
     Jambekar said that McGarry was merely implementing Board
     policy, which McGarry had inherited.  Roblee asked if the
     Committee could check into how the policy was accepted.
     Leifer said the policy was adopted in the July 17, 1992,
     meeting.  Roblee asked if the policy was adopted on the basis
     of the academic and other departments having to make the
     payments.  Leifer said that this could be checked from the
     Board minutes.  Leifer added that he understood the concern
     being expressed, but that he also understood the
     practicalities.  Leifer discussed at length the various ways
     that departments could recover the cost of MPSERS retirements
     of administrative aids and faculty members.  Sharik said that
     the fundamental policy needed to be addressed.  Jambekar said
     the Committee will consider it.  Whitt said that the issue is
     really important, that the diversion of academic funding is
     unacceptable, and that for some departments it represents a
     serious blow.  Whitt added that discussion of the ease with
     which the cost might be covered is beside the point; academic
     departments cannot be allowed to pick up costs for non-
     academic plans of the University.  She said the plan may have
     been presented as one of no-cost to the Board, but that the
     academic units are feeling the cost; the approach is less than
     fully honest.
         Jambekar said that McGarry should be given a chance to get
     his facts together, and that the Senate should appreciate
     McGarry's probable current dilemma.

X. Reports of Affiliated and Ad Hoc Committees
A.  President's Cabinet.  Sharik said the Cabinet had met on March
     23.  The 4-year program of the School of Technology had been
     discussed, with the School of Technology acknowledging the
     heavy input of the Senate's Committee to the formulation of
     the proposal.  A second point concerned the remote computing
     labs of Computing and Technology Services.  Ted Soldan had
     made a presentation about CTS plans that had provoked extended
     dialogue.  The upshot of the discussion was an announcement
     by the Provost that the whole situation made him uncomfortable
     in terms of decision-making and that he would like to see
     broader campus involvement.  Dobney intended to meet with
     Collins and Soldan to discuss the problems.
B.  Board of Control Liaison Task Force.  Vice-President Vilmann
     said the Task Force had nothing to report.
C.  Ad Hoc Committee on Enrollment Policy.  Lukowski reported that
     the Committee had met, had decided to remain an ad hoc
     committee for the time being, and was looking for more members
     to increase its breadth.  The Committee was investigating
     rumors that the Dean of Engineering was trying to force
     General Engineering into a first-year program by certain
     manipulations.  The Committee had encountered opinions by
     policy-makers on campus that the Senate has no authority in
     enrollment policy.
D.  Ad Hoc Committee for Discussion of Unionization.  Chair Julien
     said the Committee had not met, and that he was waiting on a
     voting date before calling meetings.  Whitt said that a union
     representative would make a presentation at the Senate meeting
     in May.
E.  Public Safety Advisory Board Liaison Person.  Fynewever
     reported that the PSAB was meeting every two weeks.  The board
     was trying to help Public Safety improve their image and
     relate to students.  The officers have gone through
     sensitivity training, and have participated in a first-aid
     course with the residence counselors so that they can
     cooperate in case of emergencies.  Some of the officers have
     completed firearms training; officers will begin wearing
     sidearms in the


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Page 3814    Minutes of Senate Meeting 197   7 Apr 1993


     summer.
         Fynewever reported that Public Safety is considering a
     name change that will include "police"; their reasoning is
     that the officers are in fact police, and the new name should
     increase the respect accorded officers as opposed to being a
     security force.  They were trying to decide whether the name
     change should accompany the carrying of sidearms.  Public
     Safety was asking for the input of the faculty.  Heyman asked
     what were the arrest powers of the officers.  Fynewever said
     they worked on campus, but they had full police powers.  Glime
     asked why they wanted to be called "police" if they really
     desired to reduce the "us versus them" problem.  Grimm said
     that a name like "campus security" was more appropriate.
         Grimm said he was also disturbed by the adoption of 9mm
     semiautomatic handguns, which require significantly more
     training than other types of sidearms, such as revolvers.
     Fynewever said that they were supposed to be competently
     trained.  In response to other questions, Fynewever said the
     decision to carry sidearms was not negotiable or reversible,
     and that the officers were making a concerted effort to
     interact with the community.  Heuvers commented that the
     officers ought to consider using patrol dogs to improve
     community relations.  Another senator suggested that horses
     were friendlier.  Sharik said that although the hour was late,
     the meeting need not go to either the dogs or horses.

XI. Old Business
  Agenda Item--Amendment of Senate Constitution:  Vilmann asked
     Heuvers to define the amendment procedure before considering
     the proposed constitutional revision.  Heuvers referred to the
     Constitution printed in the Academic Faculty Handbook, saying
     that there were some problems with the editing of the current
     printing of the Constitution.  Sharik read Article VIII of the
     Constitution, which stated that amendments would be adopted
     by two favorable votes in the Senate and ratification by a
     two-thirds majority of the general faculty.  Heuvers said that
     the Constitution & Constituency Committee was recommending
     that two votes be required after Senate approval: one by the
     academic faculty, and one by the remainder of the
     constituency.  Vilmann said that the votes would be taken
     simultaneously, and counted separately.  Heyman asked how this
     was to be done; Vilmann suggested different colored ballots.
         Heuvers moved that the revised constitution and bylaws be
     accepted as rewritten.  Vilmann seconded the motion.  Sharik
     said that discussion had been plentiful, and called for
     amendments.  Heuvers referred to his motion made during the
     report of the Committee, and proposed adoption of his motion
     to change the wording of item III-F-1-a-14 and the order of
     items 13 and 14.  Sharik asked Heuvers if separate votes on
     the rewording and reordering were acceptable; Heuvers said
     they were.  Keen reread Heuvers' motion: that item
     III-F-1-a-14 "Other matters...", be changed to read as "Other
     matters normally under the jurisdiction of a department
     referred to the Senate by the academic faculty of a
     department."  Whitt said the amendment restricts and narrows
     the scope of the Senate, and that she was concerned about
     matters that normally might not be under a department's
     jurisdiction, but that the Senate might wish to consider.
     Mullins said that the wording was bad and conflicted with the
     "home unit" statement in the heading of section F.  Heyman
     said that he intended to propose an amendment to reword item
     14 in a rather different way.  The motion was defeated 4-14
     in a show-of-hands vote.
         Heyman moved that item III-F-1-a-14 be altered to read,
     "The above list shall not preclude the Senate from adding
     responsibilities for review or establishment of policies in
     the Bylaws."  Sharik confirmed that Heyman was trying to
     follow the wording in part III-F-1-a, and agreed that the
     amendment should include "policy and procedure".  Vilmann and
     Carstens seconded the motion.  Glime asked if Heyman  had
     intended to include "and authority", which was also in part
     III-F-1-a.  Heyman said he would be happy to include this as
     a friendly amendment.  Whitt asked for a clarification,
     wondering if anything a department brought up would be acted
     upon by using the bylaws.  Heyman said that was his intention,
     and that he wanted the Senate to have to consider whether it
     wanted to take action rather than acting in ad hoc fashion
     each time.  He added that the clause is an "out" for the
     entire range of activities that the Senate might consider,
     and not just those from academic degree-granting departments.
     Sharik commented that the item might well be included in the
     itemized list for the full senate, and also asked about the
     possibility of a vote on the reversal of the two points.
     Heyman said that the current item 13 presented no difficulties
     for his amendment.  He accepted another friendly amendment,
     that the item as amended be included in the listing under part
     III-F-3-a.  Hubbard said the amendment gives the document a
     sense of orderliness that had been lacking.  In a show-of-
     hands vote, the amendment passed without opposition.
         Hubbard moved that paragraph IV-A-5 be reworded to read
     "Six members elected at-large by the Senate constituency",
     and that the second parenthetical sentence in section II-C be
     deleted to conform with the rewording.  Bornhorst seconded
     the motion.  Heuvers said that there may be other places in
     the constitution that this amendment affects.  Hubbard said
     that his amendment should include rewording needed anywhere
     else in the document to be consistent with the idea that
     senators-at-large are to be elected by the whole constituency.
     Mullins asked if the intent were to have the senators-at-large
     represent the entire constituency.  Hubbard said it was.
     Heuvers said there was a mention of representation of
     senators-at-large under research.  Mullins said the Committee
     had discussed this point quite a long time ago, and that the
     election of senators-at-large from only the academic faculty
     was intended to satisfy concerns of some faculty about the
     make-up of the senate.  However, the proposed amendment would
     satisfy the concern of other groups that the new senate would
     be only an academic faculty senate.  Heuvers said the original
     provision was to satisfy larger departments who were concerned
     about an imbalance with purely departmental representatives.
     Whitt said that faculty would dominate the senate by weight
     of numbers, that this provision only covers nominations, and
     that most of the at-large senators would be faculty.  Heyman
     said that there was early conflict in the senate between
     factions wanting a faculty-only senate and those wanting a
     broader representation, and that Glime's proposal of
     interlocking senate groups represented a breakthrough in
     solving this problem.  Heyman said that the current draft was
     a desirable compromise among the various concerns of both
     groups, and his own concern was that this proposed amendment
     might upset the compromise.  Grimm said there was no need for
     a compromise, that there should be no subdivision of
     responsibility.  In a show-of-hands vote, the amendment passed
     13-11.


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Page 3815    Minutes of Senate Meeting 197   7 Apr 1993


         Grimm moved to amend the proposed constitution by placing
     all of paragraphs III-F-1 and III-F-2 under III-F-3, and
     adjusting the remainder of the constitution to reflect a lack
     of distinction among voting groups, so that there is no
     consideration of who is or is not worthy to vote on particular
     issues.  The motion was seconded by Kawatra.  Glime said that
     this would defeat the entire compromise nature of the
     revision.  Bulleit said that the amendment would take the
     entire constitutional revision process back to square one.
     Whitt said that the question is not one of who is worthy, but
     is rather one of responsibilities, with faculty having
     responsibilities in certain areas, and professional staff
     having other responsibilities.  Whitt said that the document
     did not consider any group less worthy, and that she would not
     support it if it did so.  Grimm said he disagreed, that the
     staff had the same interests as faculty, that they were
     intelligent and educated people who would vote responsibly in
     an academic environment.  Julien said that he would like to
     agree with Grimm, but that an occurrence in his department
     changed his mind: when the head of his department was
     evaluated the staff voted favorably 11-0, the faculty 4-11.
     Julien said that the position of the staff differs with
     respect to the administration, and that they will respond
     differently on particular issues.  Mullins said that the draft
     represents a compromise that is acceptable to the faculty in
     its present form, but the proposed amendment would make it
     unacceptable.  Sharik said the revision will be submitted in
     a separate vote to the academic faculty and the non-academic
     group, with both having equal opportunity to reject the
     revision.  Grimm said that in his department, the staff vote
     was more to be trusted than the faculty, and the staff had a
     healthier perspective overall.  Whitt said her earlier
     statement did not imply that staff had no place or position
     in academic matters.  McKimpson said the current revision
     represented a viable solution, speaking from his position as
     a non-academic faculty member.  Diebel said he too supported
     the current revision, also from the viewpoint of a non-
     academic faculty member representing a non-academic unit.  By
     show-of-hands, the motion failed, 3-23.
         Keeble introduced an amendment written by Waber: the
     proposed bylaws should have a new Paragraph 7 added to Section
     A to read as follows: "Department Heads/Chairs, despite their
     additional status as faculty members, shall not serve as
     Senators nor vote, nor shall they be constituents of the
     Senate."  Roblee seconded the motion.  Bulleit said he agreed
     that the heads/chairs should not serve as senators, but he
     disagreed that they should not vote as constituents.  The
     University is working toward having departmental chairs rather
     than heads, with chairs as advocates for faculty.  In this
     case, why disenfranchise them?  Waber said he would be happy
     to have this as a friendly amendment, to delete the pertinent
     wording.  Waber said his concern was that the revision and
     bylaws nowhere mentioned heads/chairs, and that the current
     Senate had already passed his proposed amendment as part of
     its current bylaws.  Mullins said he agreed with Bulleit.
     Bornhorst said that in the draft constitution there is implied
     a move toward charters for departments.  He suggested that
     the new report from the Institutional Evaluation Committee
     might be included as a bylaw.  This would then require only
     a single vote from the constituency.  Waber said that the
     changes might not occur in time.  Sharik said that heads still
     exist.  Whitt asked if the proposed wording belonged under
     section II-D of the revised constitution.   Heuvers said
     placement in the bylaws was preferable because bylaws could
     be more easily changed.  The amendment reading "Department
     Heads/Chairs, despite their additional status as academic
     faculty members, shall not serve as Senators", passed with a
     show-of-hands vote, 21-2.
         Sharik called for further discussion.  Keeble asked why
     the three separate non-academic units listed in Section C of
     the revised bylaws could not be amalgamated into a single
     unit.  Heuvers replied that they represented three quite
     distinct groups.  Diebel commented that an editorial change
     was needed in part A-4-d, in which Dean of Forestry should be
     "Dean of Forestry and Wood Products".
         Heuvers said that there remained some necessary changes
     in the bylaws, and referred to part C-2-b.  Heuvers moved to
     delete the titles "financial aid advisor" and "financial aid
     officer" from the list of titles.  Heyman seconded the motion.
     Glime said Joe Galetto had indicated that individuals with
     these titles were not in decision-making positions.  The
     motion passed without opposition in a show-of-hands vote.
         The question was called, and Sharik asked for a roll-call
     vote.  The motion [to accept the proposed Constitution and
     Bylaws as amendments to the present Constitution under current
     amendment procedures, additionally stipulating that it be
     submitted to and approved by 2/3 of the whole constituency]
     passed 23-2.

XII.  New Business
A.  Agenda Item--Representative to a new Committee on Targeted
     Hiring, and related matters:  Sharik said he had written to
     William Goodman of the Detroit law firm of Goodman et al.,
     asking for a legal opinion of the Policy on Hiring of
     Minorities and Women.  Sharik had received a reply, stating
     that the firm was working on the matter.  Sharik had also
     received a request from Walter McCoy for a member for a new
     committee, The Policies and Procedures Committee for the
     Selection of Exceptional Faculty.  The request said that "the
     Committee's agenda will include a discussion of innovative
     procedures for responding to the challenges and opportunities
     as presented by the quest for excellence and diversity within
     our community.  In short, we will begin to discuss strategies
     for recruitment and retention of difficult-to-fill under-
     represented groups and positions."
         Sharik asked for a volunteer to serve on this committee
     as the representative of the Senate.  Grimm said he would like
     to volunteer, but had a class conflict with the meeting time.
     Sharik said that perhaps the Committee would change its
     meeting time.  Glime also volunteered to serve on the
     Committee.  Sharik called for the Senate to select one of the
     volunteers by ballot.  Glime and Grimm made short statements.
     The Senate elected Janice Glime as the Senate representative
     to the Policies and Procedures Committee for the Selection of
     Exceptional Faculty, with Thomas Grimm as the alternate.
     Sharik agreed to ask the committee to accept both Glime and
     Grimm as Senate representatives.
B.  Agenda Item--Appointment to the Computer Advisory Committee:
     Sharik introduced David Poplawski of the Computer Science
     Department.  Poplawski said there existed on campus a Computer
     Executive Committee and a Computer Advisory Committee.  The
     advisory committee makes recommendations to the executive
     committee.  On the Computer Executive


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Page 3816    Minutes of Senate Meeting 197   7 Apr 1993


     Committee there are two at-large positions selected by the
     Advisory Committee.  The Advisory Committee met and decided
     that one of these two positions should be filled through the
     Senate, for a two-year term.  The two current members are W.
     Perger and G. Fox.  Sharik commented that the Senate's choice
     really should be a member of the Senate Research Policy
     Committee.  Vilmann asked whether the Senate selection should
     be a Senator.  Poplawski said that the Advisory Committee
     wanted the person to be a direct liaison with the Senate; the
     position would need to be filled on July 1st.  Sharik said the
     matter would be considered by the Senate's Research Policy
     Committee.
C.  Agenda Item--Academic Costume:  Referring to a memo he had
     received (Appendix J of these minutes), Sharik introduced
     Richard Heckel to discuss an item that had been around for a
     while.  Heckel said the issue is whether MTU should follow
     the guidelines of the American Council on Education in regard
     to the academic costume worn by its doctoral candidates.
     Michigan Tech does adhere to the guidelines in regard to the
     costume worn by its master's candidates, and it cites the
     guidelines in its printed graduation program.  However, the
     University departs from the guidelines for the costumes worn
     by the Board of Control, and for the hood given to graduating
     doctoral candidates.  Heckel said the problems with the gowns
     worn by the Board are minor.  However, the trim on the
     doctoral hood is appropriate for a Doctor of Engineering
     degree.  Heckel thought it inconsistent that MTU confers a PhD
     degree with a DEng hood.  Heckel said that Proposal 5-82  is
     now 11 years old, and the easiest way for the Senate to handle
     the problem is simply to forward the proposal again, where it
     may receive a better reception with the new administration.
         Sharik asked about the timing of the proposal: was it too
     late to change the costume for this year's commencement?
     Heckel said he had asked about the Board's costume and had
     been told it was the same gold-trimmed robe.  A general
     discussion ensued of differences in academic garb.  Sharik
     asked if there were any danger in suggesting a change to
     conform with the guidelines.  Heckel said he would have to
     check his pay stubs to establish that.  Sharik asked for a
     sense of the Senate about the matter.  Vilmann said it should
     be brought up at the next regular meeting, and also perhaps
     mentioned in the officers' meeting with the Provost.
         Hubbard asked about changing the wording on diplomas,
     which was mentioned in Heckel's memo.  Heckel said that this
     had occurred as a result of an effort to match the wording on
     the diploma with the trim on the hood.  The doctoral diploma
     simply reads "Doctor of Philosophy" without being "in"
     anything.  Hubbard said that there had been a unilateral
     change resulting in diplomas reading "Doctor of Philosophy in
     Something".  Heckel said he did not think they were worded in
     such a manner.  Hubbard said that one of his foreign graduate
     students had encountered problems because his MTU diploma was
     printed "Doctor of Philosophy in Chemistry".

XIII.  Announcements
     Sharik announced that the next meeting would be a special
     meeting on April 21 to consider only two issues - the
     Constitution and the proposal for the four-year program in the
     School of Technology.  Sharik also announced that the
     Institutional Evaluation Committee would introduce a flow-
     chart for faculty governance at that meeting.

XIV.  Adjournment
     Sharik called for a motion to adjourn.  Bornhorst moved that
     the meeting adjourn.  There were many seconds.  Sharik
     declared the meeting adjourned at 12:08 am.



Submitted by Robert Keen
Senate Secretary
.