Update: Berdahl has caved, mostly, after Geller wasted untold hours of faculty time on this. Not to mention his weird threats below. Berdahl can’t quite make himself admit that the UO Senate has to approve this policy first, but he’s postponing hearings until UO is in session. Meanwhile, he wants to let the interim random drug testing begin:
From: Bob Berdahl <email@example.com>
Date: Tue, Jul 31, 2012 at 9:49 AM
Subject: Rule making
Dear Senate President Kyr and IAC Chair McWorter,
Thank you for your correspondence requesting a modification to the
schedule for hearings in the rulemaking process associated with random
drug testing for our student athletes. I appreciate your attention to
this and your suggestion for scheduling that reflects better the
academic calendar. I write to convey that we will postpone the
formal rulemaking hearings until after the beginning of the academic
Because we have a pressing need to have this testing in place as our
athletes reassemble in September, we will be implementing the
procedure of “temporary rule making” that will allow testing beginning
September 1st. This use of the 60 day temporary rule with formal
hearings on the permanent implementation of the rule taking place
after school is back in session will allow us to meet the immediate
need for this procedure while respecting the request you make that
Thank you for your attention to this.
All the Best,
IAC2012-13 mailing list
But he’s wrong about the 60 day rule. He cannot act unilaterally:
Policy Review and Approval
… If the Senior Vice President and Provost endorses the Policy Statement, then it will be submitted to the Senate Executive Committee who will decide whether a full-Senate review is necessary. If the Senate Executive Committee determines that full-Senate review is not necessary, the PL Program Manager will send the Policy Statement to the President for approval. If a full-Senate review is necessary, the Policy Statement will be placed on the agenda of the next Senate meeting. However, if the Senate is adjourned for the summer, the Policy Statement may be placed in the Policy Library on an interim basis and will be scheduled for review when the Senate reconvenes in the fall. …
And he’s not willing to follow UO policy on emergencies:
If the University needs to comply immediately with federal, state or local law, or in the case of an immediate emergency, the President has the authority to issue a temporary, emergency policy or temporarily suspend an existing policy without following the procedures described in this Policy Statement. Each action of this type shall if possible be taken only after consultation with the Senate Executive Committee, shall have a duration of no more than six months, and shall be non-renewable and non-extendable. If the President wishes to make the action permanent, the President shall follow the process in this Policy Statement. If the process cannot be completed within six months, the President can take further emergency action.
7/31/2012. In response to demands from Senate President Kyr and others including Frank Stahl, Nathan Tublitz and John Bonine, UO General Counsel Randy Geller announced yesterday he’s rescheduling his random drug testing hearing.
But it’s a sham, he’s picked another date when school is out of session. And he completely ignores the faculty / administrative agreement calling for UO policies like this to go through the Senate. That “policy on policies” agreement with Lariviere had been the Senate’s major accomplishment for 2011-2012. Now Geller thinks it isn’t worth a mention.
Geller also claims Senate President Rob Kyr and the IAC Chair made false and offensive comments about the university’s rulemaking process. Apparently that process’s feelings have been hurt, so Randy asks Kyr et al to apologize to it, and to some especially sensitive senior administrators:
Dear Rob and Brian:
I received your email of July 24, 2012, requesting a delay in the public hearing scheduled for August 23rd, 2012. The hearing will be rescheduled for September 13, 2012. Written comments will be accepted until noon on September 14, 2012. We will similarly postpone the date the rule will be filed with the Secretary of State and become final. The rule will be filed on September 21, 2012.
Your allegations about the University’s rulemaking processes are offensive and false , as are the comments made publicly by members of the Intercollegiate Athletics Committee. I ask that you apologize in writing to President Berdahl, Rob Mullens, and me. I also ask that you censure the members of the IAC who have published offensive and defamatory comments.
University of Oregon
I like that “in writing” part. Maybe Geller wants Kyr to stand in front of the whole class and use the blackboard, like in third grade? Geller sent this out yesterday. Berdahl’s last few days look to be as crazy as his first. Adult supervision supposedly returns Aug 1,
but Gottfredson still hasn’t signed his contract. and Gottfredson apparently signed his contract last night.