0203-01R Resolution, 2002-2003

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Resolution 0203-1R 
For discussion at the 9/30/2002 Senate meeting. 
Introduced by Professors Sung Bok Kim, Sophie Lubensky, and R. Michael Range.
Whereas the administration of the University at Albany failed to properly consult with 
faculty governance concerning the establishment of the School of Nanosciences and 
Materials in Fall 2000, and
Whereas the administration failed to consult with faculty governance and to follow 
established procedures concerning the selection and appointment of the dean of said new 
school, and
Whereas the administration failed in spring 2001 to follow required procedures in the 
inquiry on the Louis Roberts plagiarism case, and 
Whereas President Hitchcock, in her letter to the Faculty of March 5, 2002, nevertheless 
affirmed that said plagiarism case "was and is being handled in a manner wholly in 
keeping with the University at Albany's published procedures," 
the Senate of the University at Albany hereby resolves:
      1. To reaffirm the administration's obligation to engage in serious and meaningful 
consultations with the Senate according to Article II, Section 1.7, of the Faculty By-Laws
("The Senate shall be consulted on major university administrative reorganizations and 
appointments."), and to adhere to all other by-laws and published procedures, regulations 
and policies concerning the operation of the University at Albany.
      2. To reaffirm that adherence by administrators and faculty to Faculty By-Laws and 
other published procedures, regulations and policies concerning the operation of the 
University at Albany is essential for the governance of the university based upon mutual 
respect and trust, and for the mission of the university.
Background
As to 1:
On November 27, 2000, Provost Santiago, reporting for President Hitchcock, announced 
to the Executive Committee of the Senate that the University would establish a new 
school, Materials and Applied Sciences, with Dr. Alain Kaloyeros as founding dean. (Ex. 
Comm. minutes of 11/27/00)
On December 11, 2000, Provost Santiago, reporting for President Hitchcock, announced 
to the Educational Policy Council that a new school had been created. He announced that 
Dr. A. Kaloyeros was the founding dean of the school. (EPC minutes of 12/11/00)
At the February 12, 2001, EPC meeting the question was raised whether the minutes of 
the 12/11/00 meeting should be corrected to reflect that the new school was "proposed," 
since no consultation with governance had yet taken place. Provost Santiago said that the 
minutes should stand as distributed (i.e. that the school had been created and its founding 
dean selected). (EPC minutes of 2/12/01)
Discussion of the letter of intent regading the programs of the new school was scheduled 
for the March 5, 2001, EPC meeting. The letter of intent was going to be mailed to EPC 
members on 2/26/01. (Reminder sent to EPC members on 2/22/01) 
Shortly before the March 5, 2001, meeting, the president and provost changed direction 
and suddenly acknowledged that "consultation" with governance regarding the new 
school was needed before the letter of intent could be presented. President Hitchcock, 
Provost Santiago, Dr. Kaloyeros and other members of the new school appeared at the 
March 5 EPC meeting. The purpose of that meeting was now defined to be "the 
consultation of a new school." (EPC minutes of 3/5/01) EPC chair Bosco stated at the end
that "EPC heard a proposal for a new school….," and that "EPC will vote when a letter of
intent… is received." 
On March 12, 2001, without any prior announcement of such an agenda item, the 
"consultation" was continued with the Executive Committee of the Senate. The president 
now spoke of a "proposal for a new school". (Ex. Comm. minutes of 3/12/01). In 
response to questions about the lack of prior consultation and the meaning of any 
consultation at this time, after the decisions had already been made as early as fall 2000, 
the provost stated that lack of time prevented consultation through the establishment of a 
task force. However, on March 5, 2001, the president had stated that the idea of a new 
school had arisen about a year ago (EPC minutes of 3/5/001).
EPC discussed and voted on the letter of intent on March 19, 2001. 
As to 2:
In disregard of explicit "Inquiry Requirements" published in the Faculty Handbook, the 
inquiry in the L. Roberts plagiarism case was conducted in early 2001 by Provost 
Santiago, who made all the critical decisions, and not by the Vice President for Research; 
no efforts were made to avoid real or potential conflicts of interest during the inquiry; and
there was no written report of the inquiry. There is widespread agreement that this 
mishandling of the inquiry substantially contributed to subsequent problems with this 
case. Details have been widely discussed at the April 24, 2002, Faculty Forum, at which 
time the administration admitted that errors had been made. 
The inconsistencies between President Hitchcock's letter to the University at Albany 
faculty of March 5, 2002, and the admitted errors made in the inquiry, have not been 
addressed. 
Other questions concerning the administration's statements and actions after the L. 
Roberts case became public in winter 2002 remain unanswered. (See, e.g., the letter of 
April 11, 2002, to President Hitchcock by concerned faculty, and the memorandum to the 
Albany University Community distributed at the Spring Faculty Meeting of May 8, 
2002.) 

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