STAND

STAND. COM. REP. NO. 1714

Honolulu, Hawaii

, 2005

RE: S.C.R. No. 172

S.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Higher Education and Education and Military Affairs, to which was referred S.C.R. No. 172 entitled:

"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,"

beg leave to report as follows:

The purpose of this measure is to urge the University of Hawaii (UH) 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.

Your Committees received testimony in support of this measure from a total of fifty-eight organizations and individuals. Twenty-one organizations and individuals testified in opposition while thirty-eight individuals and organizations provided testimony in support of this measure. Among those testifying against the resolution were the Manoa Chancellor, deans, and faculty researchers. Those testifying in support of the resolution included students, faculty, retired faculty, and community individuals and groups.

Your Committees find 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." Individuals testifying in support of the resolution stated that the University's Strategic Plan was developed through a rigorous strategic planning process and did not identify increased classified military research but rather called for increased openness and transparency which should be honored. Testimony received by those in opposition was sufficiently compelling to merit continuing the discussion of the establishment of a University Affiliated Research Center and Applied Research Laboratory. Those in support of the measure raised equally valid concerns surrounding the establishment of a University Affiliated Research Center and Applied Research Laboratory. Therefore, while both sides come from opposing viewpoints the resolution calls on the Interim President to assist the Legislature in providing thoughtful response to many unanswered questions.

Accordingly, after hearing and reviewing the oral and written testimony, your Committees have amended the measure by:

(1) Recognizing that 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;

(2) Recognizing that the Board of Regents Policy §5-15 provides that "each member also has an absolute right to choose whether, how, and where to publish scholarly conclusions and results of the research";

(3) Recognizing that 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 jeopardize animal or human subjects of research;

(4) Recognizing that establishing a University Affiliated Research Center and Applied Research Laboratory is a decision that must be made carefully, ensuring that it is and will remain in compliance with all Federal, State, and UH policies;

(5) Acknowledging that the Manoa Chancellor has begun to hold public meetings to provide information and hear concerns from the faculty, students, and the community; and

(6) Requesting the Interim President to consult with stakeholders instead of create a task force.

Your Committees have further amended this measure by adding the following instructions to the list of items the Interim President is to report on:

(1) 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;

(2) 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;

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

(4) 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

(5) 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."

As affirmed by the records of votes of the members of your Committees on Higher Education and Education and Military Affairs that are attached to this report, your Committees concur with the intent and purpose of S.C.R. No. 172, as amended herein, and recommend its adoption in the form attached hereto as S.C.R. No. 172, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Higher Education and Education and Military Affairs,

____________________________ NORMAN SAKAMOTO, Chair		____________________________ CLAYTON HEE, Chair