Shared governance, expressive activity policy and more discussed at IU trustees meeting

The IU Board of Trustees met Thursday and Friday in Memorial Stadium’s Henke Hall of Champions for their summer meeting. 

They held two executive sessions Thursday morning, including one with IU President Pamela Whitten, according to the meeting agenda. Executive sessions are not open to the public. They may only be held for specific reasons, according to Indiana’s Open Door Law. 

Thursday’s executive sessions were held to discuss the initiation of litigation or litigation that is pending or has been threatened in writing; to discuss of the assessment, design and implementation of school safety and security measures, plans and systems; to receive information about and interview prospective employees; and to discuss classified or confidential records. 

The remaining sessions were open to the public, although parts were disrupted by protesters Friday supporting Palestine and the termination of Whitten’s presidency. 

Here are some of the key policies and topics the board approved or discussed. 

Expressive activity and Academic Appointee Responsibilities and Conduct Policies 

At the end of the Academic Affairs and University Policies Committee session Thursday, Jeremy Morris, chair of the committee, said they've begun the process of creating a new policy to address expressive activity at all IU campuses. 

On April 24, an ad hoc committee approved a new policy to prohibit the use of temporary structures in Dunn Meadow without prior approval.  

The ad hoc committee consisted of four administrators, according to faculty sources and multiple media outlets. Previous recommendations held an ad hoc committee to “give continuing advice on changes to policy” should consist of the IU Student Government president, the Bloomington Faculty Council president pro tem and a member designated by the provost. 

Indiana State Police and IU Police then arrested 57 protesters the pro-Palestine encampment April 25 and 27 in Dunn Meadow, charging them with criminal trespass for violating the policy and handing out campus bans of at least one year.  

The Monroe County Prosecutor’s Office later dropped charges against those arrested for criminal trespass. 

Morris did not specifically mention the protest, the ad hoc committee or the arrests. 

Morris said he met with University Faculty Council co-chairs May 30 to discuss how they could strengthen shared governance on all campuses.  

He said the new policy will connect to the existing 1969 assembly ground policy. The board will also ask for feedback from stakeholders including faculty, students and administrators over the next weeks, Morris said. 

Morris also discussed ACA-33, the Academic Appointee Responsibilities and Conduct policy. The UFC voted on changes to the policy, but he said the board wants to ensure shared governance between them and the council. 

In December 2023, IU Vice Provost for Faculty and Academic Affairs Carrie Docherty suspended professor Abdulkader Sinno for allegedly misrepresenting an event for the Palestine Solidarity Committee as an academic event on a room reservation request form. 

Faculty said in January that Docherty violated ACA-33, which states “A campus faculty governance organization may have a policy that includes the involvement of a faculty advisory body in the decision to impose severe sanctions.” IU-Bloomington has a Faculty Misconduct Review Committee that hears complaints against faculty then makes a recommendation on a course of action, though administrators have the final say.   

The IU Faculty Board of Review later found Docherty violated IU policy by not referring the matter to the FMRC first. 

The trustees did not vote on any changes to the expressive activity policy or ACA-33 during the meeting.  

IU-Bloomington Chancellor and faculty fellow 

The board approved the creation of two positions Friday — an IUB chancellor and faculty fellow.

Whitten said in a statement IUB needs a chancellor due to “the challenges of higher education paired with the size and complexity” of its campus.  

The chancellor will oversee the Office of the Provost, Diversity, Equity and Inclusion initiatives, student life and finances. They will also work to increase faculty participation in decision-making, according to Whitten’s statement. 

The position of IUB chancellor was last held by Kenneth Gros Louis from 2004 to January 2006. 

A search committee including Whitten and the BFC will begin immediately, according to Whitten’s statement. 

The faculty fellow will work with Whitten, her cabinet and faculty to “ensure the principles of shared governance are embraced and maintained,” according to her statement. 

The motion to approve the positions was unanimous, but trustee Vivian Winston said she was only in favor if the chancellor appointed “has strong Bloomington ties.” 

Independent review of campus climate update 

Whitten also announced Friday that Cooley Law Firm will conduct an independent review of “the events in Dunn Meadow.” The California-based firm practices in corporate, litigation, regulatory and intellectual property law.  

According to her statement, Whitten and her leadership team are “committed to acting on the study’s findings when presented.”  

In a May 15 Board of Trustees statement, the board said Whitten agreed to administer an independent review of the “campus climate.”  

Faculty, students and other groups have criticized the university’s response to the protests, both in written statements and votes. The American Civil Liberties Union of Indiana also filed a lawsuit May 3 against the trustees and Whitten to challenge campus bans for three people arrested at the encampment. 

Reports from trustees chair, president and faculty council presidents 

Although they were briefly interrupted by protesters Friday, trustees chair Quinn Buckner, Whitten and University Faculty Council co-chairs Colin Johnson, Carolyn Schult and Philip Goff delivered reports to the board.  

Buckner spoke highly of the board and Whitten, despite what he said some call “the toughest time in the history to be in higher education” due to funding troubles, low enrollment and criticisms of its value. 

“I suspect that everyone in here believes that this university is entirely capable of being counted on the best universities in the nation, but we’ve got work to do,” Buckner said. “Making the climb that takes the right players and requires the right leaders, right here. I believe President Whitten is that leader.” 

Buckner said communication within the university can “always be improved” and briefly mentioned the expressive activities policy. 

“I’m proud of the way our committees have assessed the elements of the policies that caused confusion and look forward to bringing clarity ahead of the academic year,” Buckner said.  

He said IU campuses will be places safe for people and freedom of expression under the new policy. Some members of the audience laughed at this remark.  

Buckner said although he believes Whitten can bring IU to new heights, she can’t do it alone. He said as Whitten “leans in” with solutions, the faculty should lean in, as well, for respectful and successful collaboration. 

After being disrupted by protesters, Whitten delivered her report in full in another room, which was livestreamed to Henke Hall. 

She too discussed universities being under pressure, saying that was a factor in why she was hired. She said this “climate of uncertainty” has grown since the Oct. 7, 2023, Hamas-led attack on Israel. The militant group killed about 1,200 people and took about 240 hostages, according to the Israeli government. 

Israel retaliated immediately, killing more than 36,700 Palestinians civilians and combatants in Gaza to date in the ensuing conflict, according to the Gaza Ministry of Health. 

“A climate of uncertainty has only been exacerbated by a world that has been on fire since the events of Oct. 7,” Whitten said. “The flames have grown brightest in major cities and on college campuses, as the effects of nationwide organizing efforts have developed.” 

Whitten said she was left “stunned” by the faculty vote of no confidence in her, but she forced herself to examine their perspective. IUB faculty overwhelmingly passed votes of no confidence April 16 in Whitten, Provost Rahul Shrivastav and Vice Provost for Faculty and Academic Affairs Carrie Docherty. 

Whitten said her administration realized they needed to do something differently, which led to her recommendation to create the IUB chancellor and faculty fellow positions. 

Next week, members of her cabinet will meet with IUB deans to discuss how to improve things for faculty. They will begin to meet regularly, Whitten said.  

During reviews of Human Resources, Planning and Facilities and Diversity, Equity and Inclusion, she said administration identified areas of improvement, and they will continue reviews of other administrative offices. 

BFC chair Colin Johnson spoke next, mentioning faculty’s lack of confidence in the administration. He recounted being asked “what is going on at Indiana” by friends and colleagues from other universities, which he said was both embarrassing and unprecedented in his nearly-20 years as IU faculty. 

He said channels of communication between UFC chairs and the board have been narrow, and he could not recap all of faculty’s concerns from the last months and years. Johnson added campus morale is “alarmingly low,” following years of “tone deaf internal communications” and the events in Dunn Meadow in April. 

Johnson said continuing down the current path is not an option if the goal is to best serve the institution. 

Carolyn Schult, the UFC co-chair representing regional campuses, echoed similar sentiments. 

Schult thanked Morris for meeting with the UFC on May 30 regarding policies, but she said, until recently, faculty concerns she expressed to the board didn’t receive a response.  

Schult, who, like Johnson will be leaving her position July 1, said the board and faculty need “reciprocal, responsible” communication going forward. 

Philip Goff, the UFC chair representing IUPUI, too emphasized the need for shared governance. He said addressing this problem will produce a way forward for IU. 

“I encourage you to seek out and hear more voices, including those in Indianapolis and the regional campuses,” Goff said. 

He also said it has proven difficult to replace retiring faculty due to the state’s political climate. 

Goff will be the final president of the IUPUI Faculty Council and the first president of the IU-Indianapolis Faculty Council. He concluded his report by discussing the impending change of IUPUI into IUI on July 1. 

 SEA202, HEA1179 and Chips and Science Act 

IU Vice President and General Counsel Anthony Prather proposed changes to IU policies due to impending legislation Thursday. 

Senate Enrolled Act 202 will change the criteria for tenure to “increase intellectual diversity” among higher education. It will also require review of tenured professors every five years based on criteria the board will establish. The controversial bill has received backlash from IU faculty and administrators, with Whitten saying in February the university was “deeply concerned” about its language.   

House Enrolled Act 1179 will require, among other things, the Board of Trustees to prohibit intellectual property developed using university resources from being transferred or licensed to a business or government organized under the laws of, headquartered in or controlled by a foreign adversary. The university will be prohibited from using state funds or resources to engage or contract with individuals associated with a foreign terrorist organization or state sponsor of terror or to directly support those organizations. 

Additionally, HEA1179 will require the board to prohibit IU employees and contractors from making a public statement in their official capacity, unless it relates to the university or a university event or is approved by the trustees. 

Both SEA202 and HEA1179 take effect July 1. 

Prather also proposed revisions to IU’s nepotism and conflict of interest provisions to comply with the federal Chips and Science Act. 

The trustees approved the changes to university policies in response to SEA202, HEA1179 and the Chips and Science Act. 

Change in delegation of authority 

The board voted to allow Whitten to make the Vice President and Chief Human Resources Officer the “responsible administrator” of four policies. Todd Richardson currently holds the position. 

A responsible administrator has approval authority for a policy and is accountable for its substance and compliance with administrative policies under the administrator’s jurisdiction. The board is currently the responsible administrator of those policies. 

The four policies are: UA-01, about non-discrimination, equal opportunity and affirmative action policies; ACA-53, about retirement policy for executives and high policymakers; HR-12-20, about conditions for cooperation between employee organizations and IU administration; and HR-12-70, about which employee unions are recognized by the university. 

Budget 

The board approved a proposal for the 2025 fiscal year budget of $4.451 billion, an increase of $238 million from 2024. 

Included in the budget is a 3% average salary adjustment for employees which will vary based on career progression, retention, the market or contractual obligations. 

New architectural projects 

Capital Planning and Facilities Vice President Thomas Morrison presented plans Friday for projects and architectural designs.  

The trustees approved plans for a new IU-Indianapolis athletics center to complement existing facilities. Morrison described it as “one of the true needs of the Indianapolis campus.” 

The 4,500-seat center’s primary function will be an NCAA Division-1 basketball and volleyball venue but can accommodate other sports. 

It will cost $110 million, with $89 million coming from the state and $21 million from campus funds. 

Morrison estimated it would be completed fall of 2026. 

The board approved the 2025 repair and rehabilitation plan for facilities across campuses. The $48,232,281 project will be funded by state appropriations and student fees. 

They approved renovations projects at the IUI School of Medicine for IUB chemistry teaching labs and air handling units and for improved cooling capacity at IUB chilled water plants. They also approved designs for an IUI Science Laboratory expansion and renovation.