One Senator builds. The other destroys. Which one did UH get?

A Study of Contrasts:
Lower Education Advocate, Higher Education Antagonist


Transparency and accountability. These are essential qualities we can demand and expect from our elected officials whom we vote into office and are given our trust that they individually will do the right thing for Hawai‘i’s people. Unfortunately, these essential qualities appear to be absent from legislators serving on the Senate’s Higher Education Committee. Navigating through the murkiness of their actions, though their shallow narratives and innuendos, may prove to be difficult to see things clearly.  However, when the haze and confusion clears, one thing is certain – their recent actions will pose significant challenges and harmful effects not only to the University of Hawai‘i faculty but the institution itself. 

Nothing escapes the attention or provokes the ire of the community faster than trying to introduce policies that cause more harm than good for a child’s education and future success. 


And for good reason. Access to a quality public education is a fundamental and Constitutional right for all children in Hawai‘i free from discrimination and irrespective of their family’s socioeconomic status. In addition, the Hawai’i educational system is very unique as it is a Statewide system rather than county or jurisdictional system.  An educational system — from preschool and through grade 12 — though highly qualified teachers and rigorous standards set the future foundation for children’s lives and chances of future success. It also serves as the bedrock for the pursuit of higher education and other potential career pathways.

Action that harm our children cannot stand

It often goes without saying that the children are our future, and thus, we must do everything we can to build and support a strong and supportive educational system for children. Any attempt to undermine or weaken the educational system is not only harmful to our keiki but will result in long term negative impacts on our community and society.  Actions that harm and diminish the value of education and the return of its investments must be immediately called into question and the individuals responsible for these ill-conceived policies must be called out.

Lower Education Advocate: Sen. Kidani

Hawai‘i families are fortunate to have a strong champion for our public education system in the legislature. Sen. Michelle Kidani has consistently shown to be a tough advocate for students, teachers, school staff and administrators, and their impacted communities – relentless and unafraid of sparring with the Department of Education and the Board of Education over policies and actions that run contrary to supporting a strong educational system.

Is this what good leadership looks like?

As an example, earlier this legislative session Sen. Kidani’s unwavering  support for our public education system was critical in ensuring and maintaining ongoing support and funding for the education of Hawai‘i’s children. When Hawai‘i learned additional federal funds would be available for the schools, Sen. Kidani and other key legislators were instrumental in passing a legislative bill that was designed to use such funds to address potential budgetary reductions including personnel costs at the school level to avoid potential layoffs, furloughs, or pay reductions. 

The bill stipulated the funds would be released to the Department of Education only after the Board of Education and superintendent certified that they agreed the funds would be used as outlined in these bills.

There was unanimous agreement among the Senate Education Committee, House Education Committee and the Hawaii State Teachers Association that the funds should be allocated for teachers first instead of tutors.

Higher Education Antagonist: Sen. Kim

Sen. Donna Mercado Kim, by contrast, is the antithesis of Sen. Kidani. While Sen. Kidani’s goal is clearly to build and support our lower education system, by all indications, Sen. Mercado Kim’s personal vendetta is to destroy Hawaii’s higher education system. Sen. Mercado Kim has introduced several bills that serve no other value or purpose other than to inflict unnecessary harm and to diminish value in the University of Hawai‘i system. For example, she questioned the value and purpose of tenure for faculty  (See “UHPA Defends Tenure at the Legislature”) . 

Jeopardizing the UH’s R1 Status 

By undermining the very foundation of our university and diminishing the important role of tenure to ensure academic freedom, she put the University of Hawai‘i — perhaps knowingly and purposefully — in a precarious position. By proposing to eliminate tenure for certain faculty, she would have jeopardized the University of Hawai‘i’s status as a Carnegie Research 1 institution.

Unfortunately, facts and evidence are not important for consideration in the eyes of Sen. Mercado Kim, who has been in the Senate since 2000. She has unfortunately either dismissed or misused information to create her own biased and false narratives to achieve her personal vendetta.

How can others let this stand?

Surprisingly and worrisome is that her fellow senators have not held her accountable or challenged her unfounded and unsubstantiated claims. They let her do as she pleases — perhaps as a consolation prize for having been unseated after serving as Senate President for two years.

But wait! There’s more. 

Read next week’s Monday Report for more details about Sen. Mercado Kim’s secretive, last-minute plan to eliminate fringe benefit payments for some University of Hawai‘i faculty.

UHPA publishes Faculty Statement of Principles

What is it we stand for?  

What principles guide our profession? What will we fight for? Where is our philosophical line in the sand which will not be crossed?

In discussing these questions, the UHPA Outreach Committee began a months-long process to develop this first release of UHPA Faculty Statement of Principles, based on four key commitments:

  • Academic Excellence
  • Success of Our Students
  • Serving the Community
  • Supporting the Local Economy

The UHPA Faculty Statement of Principles was developed in a collaborative effort including the UHPA Board of Directors, the UHPA Faculty Representatives, and our professional staff

Nominate your colleagues (or yourself) that exemplify community service

We all know that UHPA members make innumerable contributions to the community and one of our goals is to make sure the general public sees this as well.  Do you have good examples of how UHPA faculty have positively impacted the community (e.g. vaccination help, coastal preservation work, Economic forecast by the UHARI etc) ?  Tell us about it via this nomination form. We plan on regularly publishing those nominations and highlighting the standout examples. 

Feedback, please

We envision this first release to be just that: the first of many revisions based on continued input and feedback from a wider audience of UHPA members.  We invite all UHPA members to give us feedback and suggestions via this quick online form and look forward to the responses.

UHPA Defends Tenure at the Legislature

Legislative Bill to Eliminate Academic Tenure for Non-Instructional Faculty Thwarted 


A legislative bill that would have adversely impacted the quality of education at the University of Hawai‘i — and affect the ability to attract and retain high quality faculty — has been put on hold. UH faculty can now breathe a sigh of relief — for now.

SB 1328 proposed to eliminate academic tenure for all “non-instructional” faculty based on the premise that their primary duties and responsibilities do not involve instruction with a commitment to student achievement and success and that granting tenure for these positions requires a long-term commitment of public resources.

UHPA Requested to Prepare a Resolution on Academic Tenure

Over the past several weeks, the UHPA leadership has been engaged in a series of productive and respectful dialogue and conversations with Sen. Donna Mercado Kim, the Chair of the Senate Higher Education Committee.  Based on UHPA recommendations, at a committee hearing last Tuesday, Feb. 16,  Sen. Mercado Kim deferred the bill and sought UHPA’s assistance to draft a resolution for the 2022 legislative session. UHPA plans to work collaboratively with the UH administration to develop a resolution for the committee to consider.

In its testimony, UHPA noted tenure for eligible faculty has been clearly outlined in collective bargaining agreements between UHPA and the UH Board of Regents since its first contract in 1975 and the subject of tenure is a cornerstone of bargainable matters under Hawaii’s collective bargaining law, Chapter 89, Hawaii Revised Statutes.

All of the other testimonies from both tenured and non-tenured faculty alike strongly opposed the bill including the University of Hawai‘i administration.

Dynamic, Multi-faceted Role of Faculty

Faculty also presented strong, compelling, and eye-opening rationale and reasons opposing the bill. Currently, Faculty are divided into different classifications based on their primary functions and some are classified with an “I” designation for “instruction.” However, these designations do not adequately and accurately convey the multi-faceted roles of faculty. Even if faculty are branded as “R” for “researcher” or “S” for “specialist,” they are still actively engaged in the instruction and provide a wealth of services and support functions focused on student achievement and success. This underscores that designations assigned to faculty do not truly reflect the diverse professional roles, responsibilities, and work they perform for the academy and the students that they serve.   

For example, research faculty mentors graduate students in the field or in laboratories, and specialists develop lesson plans, mix lectures with activities, discussion, and practice and work with distressed students or those with disabilities to insure their success. In this sense, all faculty are involved with instruction and significantly contribute to student achievement and success.

Miriam Stark, a UH anthropology professor, cited the significant contributions of faculty at the UH Cancer Research Center, UH Economic Research Organization, Water Resources Research Center and College of Tropical Agriculture and Human Resources that do not fit neatly into the definition of instructional faculty but overall contribute to student achievement and success.

Faculty also noted their roles are dynamic and ever changing to accommodate the needs and priorities of the university.  This makes the amount of instruction and service to student achievement and success fluid.

Purpose of Tenure

It’s important to reiterate the purpose of tenure: academic freedom for faculty. This is just as important for faculty members engaged in research as it is for an instructional faculty member. For example, tenure ensures faculty can engage in controversial research and instruction with impunity.

Another Potentially Overreaching Bill

In addition to the bill on academic tenure, the Senate Higher Education Committee also heard another bill (SB 1394), which would require that 25% of the UH research faculty’s salary be paid with extramural funds. The bill proposed to make it a requirement for all new grants,

contracts, and agreements that begin on July l, 2021, would have to stipulate that these extramural funds would be used to pay for the research faculty’s salary.

The intent of this bill was also a way to address the state’s budget, but UHPA pointed out that in the aggregate, extramural funding sources already make up more than 25% of the research faculty salaries. This bill was deferred and UHPA will collaborate with the UH administration to provide a report on this data.

How We Navigate Our Future at UH

The Power of Collaboration:

The Key to Navigating the University of Hawai‘i’s Future

By Christian Fern, Karla Hayashi and David Duffy

The pandemic, even with all of its devastating effects, has brought out the best in some organizations and its employees.

Pivoting has become the watch word throughout the pandemic. We have seen a number of organizations successfully adapt to new constraints. Organizations that are flexible and innovative have welcomed change instead of wallowing in despair. Many of these entities have rapidly evolved into better, more efficient organizations.

There is another quality inherent in these organizations that is often taken for granted: a commitment to collaboration and joint decision-making. Teamwork and consensus-building, based on a mutual respect of each other’s input are critical to successful change, especially in the face of the pandemic’s challenges.

The University of Hawai‘i is one of those organizations that showed it can evolve through the power of collaboration with faculty who are the best and brightest minds in a wide range of fields. The faculty also have a humility about them because they are committed to being life-long learners. Faculty have an intuitive sense that they don’t have a monopoly on knowledge. It is a gift to be freely shared to improve the quality of life for the community.

These faculty qualities were key to enabling the UH to transition from traditional in-person classroom instruction to an online learning environment in a one-week turnaround. About a dozen faculty partnered with the UH administration to ensure all 10 campuses could continue to carry on its instruction and operations safely and securely without interruption. The results? Students could continue their classes to fulfill graduation requirements. In 2020, a total of nearly 10,850 degrees and certificates were awarded to students from all 10 UH campuses statewide.

This was no small feat. It was an exhilarating experience that has left an indelible impression on the UH faculty. Even in the collective bargaining process for a successor faculty contract, which is now well underway, there has been an unprecedented level of collaboration and congenial discussion. The iterative process to refine and define the non-financial terms and conditions of the contract is rapidly progressing forward — without the usual contentious debate and distrust of each other. Actively listening to the concerns and perspectives of each other has been productive.

The response and results gave all of us at the UH a new vision of possibilities. As the UH figures out the best path forward, collaboration is more crucial than ever, especially since 60% of our funding comes from the state. With Hawaii’s $1.4 billion deficit and an economic recovery that many predict will take at least a few years, we need a meeting of the best minds. With faculty playing a key role in generating significant funding for research and support from tuition revenue, they deserve a seat at the decision-making table to ensure the ongoing success of the UH. 

We must tear down artificial walls and silos and we must create opportunities for both faculty and administration to come together to build a better future for the UH. We owe it to the students, now and those in the future, to ensure the UH can maintain its reputation as one of the top research universities in the nation and a school of choice for Hawai’i’s students.

Change is not what makes people unhappy. Faculty are intensely aware of the current financial realities in which the UH must operate. We know change is necessary. However, as with everyone else, faculty want to have a say in shaping their future. We believe any repositioning and reorganization of the UH approached carefully and collaboratively will yield the best results.

Christian Fern is executive director of the University of Hawai‘i Professional Association; Karla Hayashi is an English professor, University of Hawai‘i-Hilo and chair, UHPA negotiating committee; and David Duffy is a botany professor and graduate professor of zoology, ecology, evolution and conservation biology at University of Hawaiʻi-Mānoa and UHPA negotiating committee member.

It Takes a Village to Provide Academic Excellence In and Outside the Classroom

Creating an environment of academic excellence in which students thrive and flourish, realize their fullest potential, and discover new opportunities for growth does not happen by accident. It takes a village of committed faculty to develop a supportive culture of learning, both in and outside of the classroom.

Yet, we are aware non-instructional faculty are being attacked and may be regarded as administrative, professional and technical staff. This nothing new. We’ve been there before.

That’s why your faculty collective bargaining agreement, negotiated by UHPA’s Negotiating Committee, protects all classifications of faculty: “The performance of teaching duties, research, and service extends beyond classroom responsibilities and other direct student contact duties.”

All faculty members are important and necessary parts of a finely-tuned engine that run the organization. Our membership is composed of instructors, researchers, specialists, librarians, extension agents and lecturers. Collectively, we provide all of the teaching, research, service, and support for the entire 10-campus system and community-based learning centers across the state. Together, we all help support and maintain the University and contribute significantly to UH’s standing as one of the country’s recognized R-1 universities.

Protecting Diverse Classifications of Faculty

Your contract states:

“Instructional activities encompass more than just classroom teaching. Other aspects of instruction include, but are not limited to: academic and thesis advising, supervision of instructional activities such as cooperative work experiences, practica, internships, and practice; instructional management, tutoring; curriculum and course development; and creation of teaching and instructional materials, and supervision of laboratory activities. Also, included in the work associated with instruction are the implementation of instructional systems and strategies, distance learning technologies, and student evaluation and assessment.

Faculty workload is not limited to instruction. It may include disciplinary research, scholarly activities, or creative endeavors; service to the academic community, the government, the private sector, and other public interest groups; outreach programs; student advising and counseling; equipment and facilities development and maintenance; and information systems development and implementation, including professional librarian services, or serving as a program coordinator.”

What Does Your Contract Mean?

The definition of “instructional activity” in your contract translates into a positive, comprehensive educational experience for students. Imagine what it would be like if students did not have the expert support from our librarians to access and evaluate appropriate resources for research. Imagine if a student did not have the proper guidance from advisors to determine how to successfully plot their careers. And where would students be without the encouragement and support from counselors to persevere and graduate?

A Proven Barrier of Protection

It is no secret or surprise that not everyone fully appreciates the diversity of faculty roles and responsibilities to effectively function as a whole. This is why UHPA and all faculty must continue to band together to advocate for all of our members in all classifications.

Standing together with other faculty under UHPA’s banner has proven to be the best strategy to protect our members, so that we can, in turn, support our students and the communities in which we operate. As the exclusive bargaining representative for Unit 7 faculty over the past 47 years, UHPA has always been there to look after the best interests of all faculty, and is committed to continuing to be there for the entire village of faculty members.

Agreement reached over Covid-19 impacts on promotion, tenure and renewal.

Agreement reached with President and Governor over Covid-19 impacts on promotion, tenure and contract renewal 

Last week the University of Hawaii Professional Assembly (UHPA) finalized a Memorandum of Understanding (MOU) with President David Lassner and Governor David Ige on addressing the possible negative consequences and impacts the unanticipated switch to on-line instruction due to COVID-19 may have on tenure, promotion, and contract renewal.  

Agreement result of combined efforts

These concerns were raised by UHPA Faculty Members who are serving on Temporary Work Group which was a combined effort of the UHPA and UH Administrators to discuss health and safety issues, as well as making sure Faculty Members received the required support, services, resources, etc. to help with the transition to on-line instruction and other conditions as they have arised.  The Faculty Members recognized how adverse and negative the Spring 2020 semester could have in the areas of tenure, promotion, and contract renewal processes which are based on face-to-face evaluations, peer evaluations, student evaluations, application deadlines, research endeavors, and other related measures.  

Exemplary decision making via the collective bargaining process

“The Temporary Work Group epitomizes the intent of Hawaii’s collective bargaining law, by providing for joint decision-making; having employees granted a right to share in the decision-making process; and having a venue to exchange ideas and information with administrators to help the government become more effective and responsive in these unprecedented times.”  Christian Fern, UHPA Executive Director

Highlights of the MOU

  1. Faculty Members employed during the Spring 2020 semester may elect to extend their probationary period for an additional year, but not to exceed eight (8) years;
  2. Faculty Members expected to undergo contract renewal in the Fall 2020 semester may elect to extend their contact and postpone their contract renewal by one year; and
  3. Faculty Members or Lecturers holding multi-year limited term contracts in Spring 2020 who are up for contract renewal and who are not being paid via extramural funds will be extended for one (1) additional year.

The temporary work group consists of Faculty Members and UH Administrators and has continued to meet on a weekly basis since Spring Break.  

 

Tenure and Promotions: UHPA’s Supporting Role

Congratulations to all University of Hawai‘i faculty who have recently been tenured or have been promoted!

UHPA recognizes your hard work and diligence. Your commitment to academic excellence is admirable and you deserve to celebrate this important milestone in your professional career.

It’s Based on Your Contract

The success of these faculty is based on the foundation established by UHPA in the UHPA-BOR Agreement. It’s important to point out that this is not a state statute. Unlike many other states, tenure is only possible because of the UHPA-BOR Agreement, not statute. The UHPA Negotiating Team makes sure that policies and procedures for tenure, promotion and contract renewal evaluations and recommendations are always included in the faculty contracts. View an entire section of the contract dedicated to this subject.

Did You Know…

Here are some other safeguards in the faculty contract to ensure you receive a fair assessment when you are being considered for tenure or a promotion.

  • The majority of bargaining unit faculty members must approve the policies and procedures of each respective department or division within the University of Hawai`i. UHPA must also approve any amendments.
  •  The written procedures for a department or division must include a secret ballot for final votes on faculty members being considered for tenure or contract renewal, and the faculty member who is voting must be a tenured Bargaining Unit 07 member.

Share This with Your Colleagues

Others in your department or division may not be aware of the role UHPA plays in establishing the framework for tenure and promotion. Please share this with information with them, and if they are interested in becoming a UHPA member to support themselves and fellow faculty, please direct them to this instant online membership form.

View the list of faculty who have been tenured or promoted.

Unprecedented Actions to Reduce Teaching Equivalencies (TE) at Kapiolani CC

UHPA was notified by Chancellor Pagotto of a significant cut in Teaching Equivalencies (TE) for Spring 2020 due to fiscal problems at Kapiolani CC. These reductions affect a large number of faculty members and is without precedence. TE’s constitute work responsibilities that are part of your compensation and conditions of work. These reductions may impact delivery of instruction and support for students along with diminished employment for some employees. The impact of these measures is not fully known.

UHPA was not consulted before the implementation of TE reductions nor did Chancellor Pagotto request negotiations on changes in compensation and working conditions that are impacted by the action being taken.

UHPA considers this a very serious matter and is preparing to take the necessary steps to ensure that faculty members are protected from harmful employer actions that undermine your job security, compensation and working conditions.

UHPA has requested that the UH System administration intervene immediately to address the fiscal situation and stop the unilateral reduction of TE’s. Further this requires the employer and UHPA to meet and negotiate on these matters. The employer needs to meet its legal obligations.

Faculty Rights to Privacy Violated

UHPA is actively pursuing measures to protect faculty members from Legislator information requests that breach the privacy of personnel files. Numerous information requests have been received from Senator Kim that target individual faculty members in a manner that UHPA contends surpasses what is allowed by the collective bargaining agreement and Chapter 92F of The Uniform Practices Act.

UHPA has a pending grievance and is in discussions with the University on establishing standards for release of information which protects the privacy of faculty members

The information requests are raising the spectre of legislative intrusion into work load and faculty evaluation. Both the exercise of academic decision making by faculty members and University autonomy are undermined by the collection of data with little restrictions on use.

This is a growing area of UHPA activities designed to protect the ability of faculty members to meet their work responsibilities free from legislative intrusion.

UHPA Safeguards Your Intellectual Property: New Rights for Faculty Members

UHPA knows that as a faculty member you have made significant investments to develop and expand your knowledge in your specific field of study. The original materials you create for your classes and other purposes are the result of years of research. You have no doubt become a subject matter expert and your work deserves to be protected from misuse or copyright infringement.

You can be reassured that you are protected from having your works misused. After two years of tough negotiations with UH administration, UHPA has successfully included new contract language that respects the rights of faculty members. Article XI Intellectual Property, Patents and Copyrights, now in effect for faculty members, spells out the terms and conditions for any work for hire by the University of Hawaii.

Works for hire for copyrightable materials must meet specified conditions that are defined in the contract and can be enforced through the grievance procedure. The new language allows copyrightable products—as well as patents—to be subject to shared revenue agreements. This was designed so that faculty can receive an equitable economic return on any of their work that may be sold. The contract contains an updated definition of copyright, and UHPA now receives copies of all work-for-hire agreements.

UHPA and UH is in the process of developing templates for work-for-hire agreements to ensure there is compliance with the contract terms and conditions. Watch for more details.