SCR172 SD1

THE SENATE	S.C.R. NO.	172
TWENTY-THIRD LEGISLATURE, 2005		S.D. 1
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

Urging the University of hawaii to hold hearings and report on the university affiliated research center designation by the navy, applied research laboratory proposal, classified research policy and their relationship to the university's mission and strategic plan.

WHEREAS, Article X, section 6 of the Hawaii State Constitution gives the Board of Regents of the University of Hawaii (UH) "the power to formulate policy, and to exercise control over the university"; and

WHEREAS, that section further provides that "[t]his section shall not limit the power of the legislature to enact laws of statewide concern"; and

WHEREAS, the UH's ten campuses play a unique and significant role in the political, social, and intellectual life of the State; and

WHEREAS, the Board of Regents Strategic Plan identifies the UH system missions as "promoting distinctive pathways to excellence and differentially emphasizing instruction, research, and service while fostering a cohesive response to state needs in the global community"; and

WHEREAS, the University of Hawaii completed a rigorous strategic planning process, which is absent of a demand for increased classified military research, but rather calls for increased openness and transparency to be honored; and

WHEREAS, the role of UH is to promote the free exchange of ideas and to generate and disseminate knowledge; and

WHEREAS, UH's research, instruction, and service depend on academic freedom, an inclusive campus environment, and an open and critical review of methods, data, analysis; and

WHEREAS, the Board of Regents Policy §5-15 governing research "guarantees the freedom of each member of the academic community and affirms the right of each member to gain access to all available relevant information; and

WHEREAS, each member also has the absolute right to choose whether, how, and where to publish scholarly conclusions and results of research, and the University must insure, however, that there are no restrictions in making available the scholarly results of inquiry included in any contract or grant to which the University is a party, except for matters normally held in confidence, such as those between a doctor and patient and "It is also the policy of the University to press for maximum openness among agencies – governmental or private – that place any kind of restriction upon access to information of a scholarly character"; and

WHEREAS, while all research activities at the University have significant intellectual and economic benefits for the University and the State, they also have the potential to:

(1) Harm our fragile ecosystem;

(2) Jeopardize animal or human subjects of research; and

(3) Contradict the values and aspirations of Native

Hawaiians and other groups; and

WHEREAS, although establishing a University Affiliated Research Center and Applied Research Laboratory will result in a substantial amount of research grants, it may also result in limiting opportunities for other grant funds and increased costs to the UH and Hawaii taxpayers and is a decision that must be made carefully, ensuring that it is and will remain in compliance with all Federal, State, and UH policies; and

WHEREAS, at the UH:

(1) The procedure and funds used to obtain a Navy University Affiliated Research Center designation and to prepare an Applied Research Laboratory may not have been in compliance with applicable policies and procedures;

(2) The Board of Regents gave provisional approval to establishing an Applied Research Laboratory on the condition that adequate consultation take place; and

(3) Consultation is underway with the Mānoa Leadership Team, the Mānoa Faculty Senate, the Kūali'i Council, the Council of Chancellors, University of Hawai‘i Professional Assembly, Hawai‘i Government Employees Association, the Graduate Student Organization, the Associated Students of the University of Hawai‘i at Mānoa, and many groups outside of the University of Hawai‘i, in addition to public discussion sessions; and

WHEREAS, numerous faculty, students, and community members have expressed both opposition and support in consideration of the University Affiliated Research Center; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that no general funds or tuition funds be used to establish the University Affiliated Research Center or an Applied Research Laboratory; and

BE IT FURTHER RESOLVED that the Interim President is requested to consult with various stakeholders including, but not be limited to, UH Manoa Chancellor, representatives from community organizations, Kuali'i Council, University of Hawaii-Manoa Faculty Senate, University of Hawaii Professional Assembly, University of Hawaii Association of Research Investigators, Graduate Student Organization, Associated Students of the University of Hawaii, International Student Association, and the University of Hawaii Student Caucus; and

BE IT FURTHER RESOLVED that the Interim President is requested to consult with the stakeholders for the purpose of reporting the following information to the Legislature:

(1) The processes utilized, costs incurred, and potential costs related to establishing a University Affiliated Research Center and Applied Research Laboratory;

(2) Alternatives to establishing classified research units on University campuses and Hawaiian ceded lands;

(3) Potential sources of funds, budget plan, and positive and negative impacts of classified research on students, faculty, and community;

(4) Short term and long term recommendations on UH policies or practices in this area;

(5) How the UH will address the concern of critics that classified research may prevent the dissemination of new knowledge and insulates research from peer review;

(6) The numbers and proportions of faculty and students that have participated in non-classified vis-a-vis classified research at other University Affiliated Research Centers around the country and any issues those institutions may have faced with respect to participation in classified research;

(7) The anticipated number of faculty and students that UHM anticipates will participate in non-classified vis-a-vis classified research;

(8) The experience of other Navy University Affiliated Research Centers relative to the surrounding community as well as any consequences associated with the University Affiliated Research Center; and

(9) How the UH will address the assertion that participation in classified research will "seriously compromise the tenure and promotion process, which requires that faculty evaluate our colleagues' work"; and

BE IT FURTHER RESOLVED that the Interim President submit a progress report on the items above to the Legislature on July 1, 2005, and a final report not less than twenty days prior to the convening of the 2006 legislative session; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Chair of the Board of Regents, the Interim President of the University of Hawaii, University of Hawaii at Manoa Chancellor, University of Hawaii Professional Assembly, University of Hawaii-Manoa Faculty Senate, the Graduate Student Organization, Kuali'i Council, the International Student Association, University of Hawaii Association of Research Investigators, the Associated Students of the University of Hawaii, and the University of Hawaii Systemwide Student Caucus.

Report Title:

UH; STUDY; CLASSIFIED RESEARCH;