REGULAR MEETING OF THE UNIVERSITY FACULTY SENATE

                               DECEMBER 5, 1994

                                    MINUTES

Senators excused were:  Ardeshir Faghri, Calvin Keeler, James Kirby, Daniel
                        Rich, Duane Milne, David P. Roselle, Michael
                        Rosenberg, Carolyn Thoroughgood, Raymond Wolters

Senators absent were:   Martha Carothers, John Cooper, William Daniels,
                        Richard Geider, Carol Hoffecker, Roger Kobak

I.    ADOPTION OF THE AGENDA

      The agenda was adopted without revision.

II.   APPROVAL OF THE MINUTES

      The minutes of the November 7, 1994 meeting were approved as submitted. 

III.  REMARKS BY UNIVERSITY PROVOST SCHIAVELLI

      Provost Schiavelli announced that he just had met with the Academic
      Priorities Review Committee, the newest committee of the Senate.  The
      Provost plans to meet with this committee at least several times each
      semester to discuss academic priorities further out than one fiscal
      year.  The Academic Priorities Review Committee will sort out the
      overlapping jurisdictions with the Committee on Budgetary and Space
      Priorities.

IV.   ANNOUNCEMENTS

      President McLaughlin called attention to the current issue of Academe
      which is devoted to the "post-modern university," the issues and
      technology of distance education.  He also reminded faculty of the
      $10,000 challenge grant of Professor Sussman in support of the library.

      The Library Committee has modified the procedures to be used in
      obtaining a Library Assessment Statement in support of new or modified
      academic programs.  The deadlines are particularly important.  The
      Library Assessment Statement is given below.

                         Library Assessment Statement

            A formal written assessment from the Director of Libraries of the
      Library's ability to support a proposal for a new or expanded academic
      degree or program is required as a part of the formal proposal.  This
      includes a degree or program at a non-Newark site.

            The assessment statement may include but is not limited to the
      strength of collections; access to electronic and networked information;
      access to collections not owned by the University of Delaware; library
      space and library computer requirements; language and subject
      capabilities of library staff; and nature of service and increased usage
      demands resulting from the proposed new degree/program.

            The request for the library assessment, accompanied by details of
      the proposed degree or program, needs to be received by the Library at
      least one month before the Library's assessment of a proposed degree or
      program is required.  The Library will respond in a timely manner,
      usually within two weeks, in order to allow time for faculty discussion
      of the library assessment and possible further discussion and/or
      interaction with the Director of Libraries, if desired.

      ANNOUNCEMENT FOR CHALLENGE

      The proposed revision to the requirements for the B.A. in Women's
      Studies was approved without comment.

V.    OLD BUSINESS - None

VI.   NEW BUSINESS

      A.    Recommendation from the Faculty Senate Executive Committee
            regarding the Ad Hoc Committee on Freedom of Expression in Public
            Events.

            The Committee was appointed in 1993 and worked diligently to
            provide recommendations for the five areas of concern assigned to
            it.  These recommendations were reported orally by Robert Brown to
            the Senate at the May 2, 1994 meeting and in a written report of
            May 16, 1994.  The report was attached to the December Senate
            agenda and is attached to these minutes as well.  This substantial
            body of work was acknowledged with the following resolution which
            was passed unanimously:

                  WHEREAS,    the Ad Hoc Committee on Freedom of Expression in
                              Public Events has filed its final report with
                              the Executive Committee, and

                  WHEREAS,    the Executive Committee has received and
                              discussed that report, and

                  WHEREAS,    an open hearing on the contents of the report
                              was held on October 5, 1994, be it therefore

                  RESOLVED,   that the Ad Hoc Committee on Freedom of
                              Expression in Public Events is hereby discharged
                              with the thanks of the Faculty Senate.

      B.    Recommendation from the Faculty Senate Executive Committee for the
            adoption of a Statement on Freedom of Inquiry and Expression.

      In the interest of clarity, the minutes of this resolution are presented
      in the following order:  (1) the resolution introduced by the Executive
      Committee and contained in the agenda, (2) summary of remarks by Robert
      Brown concerning the resolution, (3) amendments introduced by Hilton
      Brown and subsequently discussed seriatim, (4) the resolution as finally
      adopted, and (5) other discussion.

      (1)  The Original Resolution:

                  WHEREAS,    the Executive Committee of the Faculty Senate
                              has discussed the report of the Ad Hoc Committee
                              on Freedom of Expression in Public Events, and
                              the comments made at the Open Hearing on October
                              5, 1994, and

                  WHEREAS,    the Statement on Freedom of Inquiry and
                              Expression as stated in the Official Student
                              Handbook, pages 25-26 addresses the problems
                              raised in those forums, be it therefore

                  RESOLVED,   that the following modified version of the
Statement                           on Freedom of Inquiry and Expression be
                                    adopted by the Faculty Senate for
                                    inclusion in the Faculty Handbook, after
                                    paragraph 2 of Section II.II, page II-3:

            Members of the University Community are free to examine and to
            discuss all questions of interest to them and to express opinions
            publicly and privately in a responsible way.  They are free to
            support causes by orderly means including any means of peaceful
            assembly or advocacy which do not infringe upon the rights or
            freedoms of others.

            Members of the University Community are allowed to invite and to
hear              any person of their own choosing.  Guest appearances must
                  not interfere with the University's regular instructional,
                  research, and service programs.  Except for ceremonial
                  occasions, invited speakers should be prepared for a
                  reasonable public discussion of their expressed views.
                  
            Invited speakers are accorded the full courtesy and protection
            appropriate to a University community.  Individuals or groups who
            engage in actions designed to obstruct or in any way to prevent
            the speaker from speaking are subject to discipline and to
            financial responsibility in the event of damage to property or
            person.

            The institutional control of campus facilities is not to be used
            as a device of censorship.  Sponsorship of guest speakers does not
            imply approval or endorsement of the views expressed, either by
            the sponsoring unit or the University.

      (2)  Remarks by Robert Brown:

            Robert Brown gave general comments on the resolution above:

            a.    Placing the resolution in the Faculty Handbook in the
                  location proposed may not be appropriate because this
                  section deals primarily with instruction while public events
                  are mainly extra-curricular activities.

            b.    The Faculty Handbook also may not be the most appropriate
                  place for University policies concerning academic freedom. 
                  The Ad Hoc Committee assumed that it was to develop
                  University-wide policy which includes others besides
                  students and faculty.

            c.    The policy statements of the Ad Hoc Committee begin with a
                  rationale for the policy.  This statement is intended to be
                  useful to outsiders and is missing in the above proposal.

            d.    The statement of the Ad Hoc Committee was careful to protect
                  curatorial judgment, a distinction absent in the present
                  proposal.

      (3a)  Amendments proposed by Hilton Brown:  (Additions, strikeouts and
            deletions are in bold and underlined.) 

            Paragraph 1:

                  Members of the University Community are free to examine and
                  to discuss all questions of interest to them and to express
                  opinions publicly and privately in a responsible way. 
                  (Remainder unchanged)   

            Paragraph 2:

                  Members of the University community are allowed to invite
                  and to hear and to see the artistic expression of any person
                  of their own choosing.  Guest appearances must not interfere
                  with the University's regular instructional, research, and
                  service programs.  Except for ceremonial occasions, invited
                  speakers and art presenters should be prepared for a
                  reasonable public discussion of their expressed views.

            Paragraph 3:

                  Invited speakers and art presenters are accorded the full
                  courtesy and protection appropriate to the University
                  community.  Individuals or groups who engage in actions
                  designed to obstruct or in any way to prevent the speaker
                  from speaking and the art presenter from presenting or
                  displaying any form of artistic expression are subject to
                  discipline and to financial responsibility in the event of
                  damage to property or person.

            Paragraph 4:

                  The institutional control of campus facilities is not to be
                  used as a device of censorship.  Sponsorship of guest
                  speakers and art presenters does not imply approval or
                  endorsement of the views expressed, either by the sponsoring
                  unit or the University.

      (3b)  Seriatim discussion of the amendments:

            Paragraph 1--"in a responsible way"

                  Hilton Brown proposed dropping this phrase because it could
                  lead to censorship.  He also was joined by others in noting
                  that the definition of responsible conduct is uncertain. 
                  After some discussion, the Senate voted to strike the
                  phrase.

            Paragraph 2--"invite and, to hear and to see the artistic
                  expression of any person"

                  Margaret Andersen suggested revision to "are allowed to
                  invite, to hear, and to see speakers, creative performers
                  and artistic presenters of their own choosing."  This
                  version was adopted unanimously after some discussion not
                  directly related to the amendment.

            Paragraph 2--"and art presenters"

                  This insertion was adopted with little discussion.

            Paragraph 3--"and art presenters"

                  This insertion was adopted without discussion.

            Paragraph 3--"Individuals or groups who engage in actions designed
                  to obstruct or in any way to prevent the speaker from
                  speaking and the art presenter from presenting or displaying
                  any form of artistic expression are subject to discipline
                  and financial responsibility in the event of damage to
                  property or persons.

                  The discussion addressed the original wording rather than
                  the amendment.  After extended discussion the sentence above
                  was adopted.

            Paragraph 4--"and art presenters'

                  This insertion was adopted without debate.
            
      (4)  The resolution as adopted:

            The final wording of the resolution, which was approved with
            little opposition, is:

                  WHEREAS,    the Executive Committee of the Faculty Senate
                              has discussed the report of the Ad Hoc Committee
                              on Freedom of Expression in Public Events, and
                              the comments made at the Open Hearing on October
                              5, 1994, and

                  WHEREAS,    the Statement on Freedom of Inquiry and
                              Expression as stated in the Official Student
                              Handbook, pages 25-26, addresses the problems
                              raised in those forums, be it therefore

                  RESOLVED,   that the following modified version of the
                              Statement on Freedom of Inquiry and Expression
                              be adopted by the Faculty Senate for inclusion
                              in the Faculty Handbook, after paragraph 2 of
                              Section II.II, 
                              page II-3:

      Members of the University Community are free to examine and to discuss
      all questions of interest to them and to express opinions publicly and
      privately.  They are free to support causes by orderly means including
      any means of peaceful assembly or advocacy which do not infringe upon
      the rights or freedoms of others.

      Members of the University Community are allowed to invite, to hear, and
      to see speakers, creative performers and artistic presentations of their
      own choosing.  Guest appearances must not interfere with the
      University's regular instructional, research, and service programs. 
      Except for ceremonial occasions, invited speakers and art presenters
      should be prepared for a reasonable public discussion of their expressed
      views.

      Invited speakers and art presenters are accorded the full courtesy and
      protection appropriate to a university community.  Individuals or groups
      who engage in actions designed to obstruct or in any way to prevent the
      speaker from speaking and the art presenter from presenting or
      displaying any form of artistic expression are subject to discipline and
      to financial responsibility in the event of damage to property or
      person.

      The institutional control of campus facilities is not to be used as a
      device of censorship.  Sponsorship of guest speakers and art presenters
      does not imply approval or endorsement of the views expressed, either by
      the sponsoring unit or the University.

      (5)  Other Issues:

            The wording of the resolution follows that of the Student Handbook
by          design.  Senator Joyce reported that DUSC is opposed to the
            resolution, and Bonnie Kime Scott withdrew a proposal to include
            this resolution in the Student Handbook.

            Several Senators expressed concern over the ways by which
            dissenting viewpoints may be expressed at University events.  The
            line between allowable exchange of viewpoints and prohibited
            obstruction is vague and the mechanisms for enforcement are
            unstated.

      C.    Introduction of New Business

            No new business was introduced.  

The meeting was adjourned at  5:30 p.m.   

                                          Respectfully submitted,



                                          Jon Olson
                                          Secretary
                                          University Faculty Senate

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