UTMB Faculty Senate

June 13, 2011

4:30 – 6:00 pm



Present:   Drs. C. Utsey, Chair, G. Anderson, K. Beal, I. Boldogh, C. Cooper, P. Crane, S. Croisant, Y. Davila, L. Farmer, S. Higgs, C. Jansen, L. Massey, M. O’Keefe, H. Pine, D. Powell, E. Protas, P. Singh, E. Smith, C. St. John, P. Watson, C. Wiggs, D. Wild and C. Wisnewski


Absent:  Drs. B. Bryant, S. Gerik, C. Houston, J. LeDuc, N. Mendias, T. Riall, D. Solanki, H. Spratt and A. Torres


I.      The meeting was called to order by Dr. Carolyn Utsey, Faculty Senate Chair.


II.    The Approval of the May 9, 2011 Minutes.  A motion was made to pass the minutes of May 9, 2011, seconded and approved unanimously.


III.  Dean’s and VP Report

·      Dr. Anderson discussed the latest updates with the legislative session, stating we received what we wanted, now waiting now for the Governor’s approval.  The surgical tower has been approved by local and regional FEMA and we are waiting for national approval.  There will be a Clinical Support Tower that will be located next to the Surgical tower, more information forthcoming in August.  The schools did have budget cuts, however the School of Nursing received additional money for their new special programs.  We hope to have the Budget target by the end of the month; we are waiting for National FEMA and we hope to have it all finished by August.  Dr. Anderson stated the Hospital walls being painted and should be finished by July.

Senator Massey inquired about the day care building and stated seeing some activity.  Dr. Anderson indicated that there are no plans as of yet.  The cost to repair is too costly, it would be better to rebuild.  Since this question was asked at the April meeting, Dr. Anderson said he would check on this to see if there was anything new. 

A Senator mentioned that Dr. Sierpina, Faculty Ombudsman Search Committee Chair, would like to discuss the position.  Dr. Anderson stated Dr. Sierpina should address the Faculty Senate.

A Senator asked about the faculty lounge.  Dr. Anderson responded by saying there has been some discussion on location, near food service, perhaps a section for faculty.  The lounge will not be like what we had before and the plans are not far along.

A Senator asked about the Rosenberg House.  Plans are to elevate the building and this project is not on a timetable.


·      Dean, School of Nursing (SON) and Vice President for Education – reports provided by Dr. Watson.

·      Dean, School of Health Professions (SHP) – report provided by Dr. Protas.  

·      Dean, Graduate School of Biomedical Sciences (GSBS) – report provided by Dr. Cooper.      


IV. Road Ahead University Campaign – Ms. Betsy Clardy, CFRE, Vice President and Chief Development Officer

Ms. Clardy presented the Senate with a PowerPoint presentation and some highlights from her presentation include:

·      Preparing for the Campaign: 

1.  Campaign Feasibility Study completed by Bentz Whaley Flessner resulted with recommendation to establish clearer understanding of and enthusiasm for UTMB’s vision with a) Profile alumni in respective area, accomplishments, service to community and b) Appeal to the public:  UTMB touches your life – Your care providers were trained at UTMB in Galveston.

2.  Economic Impact Study

3.  Quarterly President’s Updates

4.  Increased National/State News Coverage

5.  Regional Communications

6.  Communicating the Importance of Philanthropy


·      Goal:  $450 million:  The Campaign Priorities

       New Jennie Sealy Hospital                      $270,000,000

       Research Building                                      $30,000,000

       Interprofessional Education Center           $40,000,000

       Research Endowment                                $50,000,000

       Faculty Endowments                                 $10,000,000

       Scholarship Endowments                          $10,000,000

       Priority Programs                                       $25,000,000

       Annual Giving                                             $5,000,000

       Other                                                         $10,000,000


·      Campaign Timeline: 2009-2011 - Campaign Preparation; 2012-2014 - Silent Phase (2012 Family Campaign); and 2015-2019 - Public Phase.


·      Campaign Cabinet Members:  Mr. Fred C. Burns, Mr. Winfield M Campbell, Sr., Ms. Betsy B. Clardy, Mr. William R. Elger, Mr. Irwin M. Herz, Jr., Mr. Harris L. Kempner, Jr., Mr. Thomas J. Perich, Mr. Rex C. Ross, Ronald M. Rust, MD, Ms. Susanne H. Sullivan and T. Lynn Warthan, MD.


·      Other areas:  Campaign Materials, Case Statement:  Faces of UTMB and a Campaign Web Site


Ms. Clardy opened the discussion for Questions.  Senator Smith asked about Teaching where does this fall into.  Ms. Clardy responded the goals were assigned to them and she indicated perhaps this would fall in the Faculty Endowment and Other category.  Senator Jansen was concerned for Aging care and should not be left out. 


V.   Update on Export Controls – Ms. Frances Streeter, JD, Legal Officer and Export Control Officer and Mr. Tobin Boenig, JD, Associate Vice President and Chief Compliance Officer


Ms. Streeter and Mr. Boenig presented a PowerPoint presentation on the UTMB Export Control Compliance Initiative and some highlights from their presentation include:

·      Export Definitions.  Export is any item, such as biological, radioactive and chemical materials, software, and technical data, that is sent from the U.S. to a foreign destination.

Deemed Exports – Controlled technology or source codes (except encryption source code) subject to the Export Administration Regulations that is transferred to a foreign national located in the U.S.  Fundamental Research Exclusion – one of the most important exclusions which states that UTMB’s research results are excluded from deemed export rules if the results are publicly available or intends to be published.


Re-exports – Actual shipment or transmission of items subject to the Export Administration Regulations from one foreign country to another foreign country.



·      At UTMB, the majority of our exports are regulated by the following 3 agencies: 

       U.S. Department of Commerce (DOC), Export Administration Regulations (EAR)

       U.S. Department of State, International Traffic in Arms Regulations (ITAR)

       U.S. Department of Treasury, Office of Foreign Assets Control (OFAC)


·      What do the Regulations Cover?  (EAR and ITAR). 

Export Controls cover

       Any item in the U.S. trade (goods, technology, information)

       U.S. items wherever located, even internationally

      “Deemed exports” (access to controlled technology and source code by a foreign national in the U.S.)

      Providing a defense service or ITAR technical data to a foreign national in the U.S. or abroad.


       Items in the public domain

      Artistic or non-technical publications (maps, children’s books, sheet music, calendars, film) and more..


·      UTMB Moving Forward With Export Control Compliance

       April 1, 2011

       Dr. Callender appointed Frances Streeter as the University’s Export Control Officer and

       Export control committee was formed and approved.


      April 7, 2011

      Executive Institutional Compliance Committee approved the Export Control Compliance policy 6.5.1.

      International Affairs adopted SOP for the I-129, part 6 new export certification.  Adopted the deemed export control questionnaire.


·      Export Control Compliance Committee Members:  Chair, Frances Streeter, Co-chair, Tobin Boenig, Jason Abair, Dr. James LeDuc, Kyle Barton, Cindy Stanton, Domenica Zimmerman, Joe Galvan, Chasity Burris, Toni D’Agostino and a member to be appointed each from Dr. Cary Cooper and from Dr. Garland Anderson.


·      Upcoming Export Control Compliance Activities:  Website, Assessment for all departments, Implementation of SOPs, Training classes and seminars, and Export Control Compliance Committee meetings.


VI. Reports by Faculty Senate Executive Committee and Committee Chairs

·      Dr. Utsey stated that they met with Dr. Callender May 20.  He was reassuring that UTMB is on the right track and we are going forward.  There is less reliance on the State for funds since clinical revenue has increased and student numbers in the Academic Enterprise will be at its highest ever levels in the Fall session.  Also, the state legislature passed the ability to offer furloughs; temporary and vacant positions will be reviewed in an effort to decrease the need for as many RIFs as might be needed otherwise.

·      Dr. Utsey asked if there was anyone in the School of Medicine Senator was interested in the Chair elect position, since the rotation is the School of Medicine.  Dr. Utsey announced the SOM Senators returning next year.  Dr. Utsey also announced that the School of Health Professions Senators was completed and asked about the other schools, SOM and SON are in the process and GSBS, will need to follow up on their status.

·      A Senator asked about the concealed gun bill, which was recently attached to another bill and the consensus was that it was withdrawn but a couple of Senators thought that it did pass.  Dr. Utsey will check into this.

·      Dr. Smith reported for the Faculty Quality Committee:  They met with the IHOP committee and will have information regarding Abandonment in July.  Regarding Exigency, the Regents Rules do not have anything to protect faculty without tenure, only tenured faculty are covered.  Dr. Utsey stated that IHOP has a policy for staff and we need to work on this.   

·      Ms. St. John reported for the IHOP Committee:  The IHOP Committee is finalizing the policies on use of social media, threatening situations, and anticoagulation therapy.  It approved the policy on reduction in force related to non-faculty positions. 

·      Dr. Jansen reported for the Academic and Administrative Affairs Committee:  The Committee met last week and their main focus is faculty development.  Dr. Jansen stated she did receive the faculty list from Dr. Anderson’s office and they are currently data gathering and hope to present at the next Faculty Senate meeting.

·      Ms. Massey reported for the Governance Committee:  Security background check, and received information that long-term faculty were having background checks and the latest information she had is from the May 9 minutes, where Dr. Anderson stated “around 1200 have not been checked to date and will be checked if they are promoted or have a change in job title.”


5:59 pm, the meeting was adjourned.  The Committees met following the general meeting.