From: "Gross, Louis J" Date: Sunday, September 19, 2021 at 4:46 PM To: "Zomchick, John P" Cc: "Driskill, Owen" , "Scoggins, Matthew" , dplowman , "Gross, Louis J" , "Young, Lela M" , "Lyons, Beauvais" , "Schussler, Elisabeth Ellen" , "Spurgeon, Shawn Lamont" Subject: Re: Questions Regarding the Case of Dr. Amning Hu Provost Zomchick, I am sorry that you have been instructed by the General Council not to respond to questions posed to you by the Faculty Senate about the case of former Professor Hu. It was following your suggestion that these questions be addressed to you at the Faculty Senate meeting that the Faculty Affairs Committee proceeded to compose the questions that were sent to you a week ago. As you are well aware, all Senate meetings are open to participation from those outside the Senate. Indeed this is why when we held the meetings physically there was an entire section set aside for non-Senators. As you also are surely aware from past experience, there have been various media representatives regularly present at these meetings, including newspaper and television reporters. The fact that this meeting is by Zoom makes no difference. There is no procedure in the Faculty Senate Bylaws to “close” a Faculty Senate meeting to only allow Senators to attend. In fact the Senate Bylaws specifically include a statement that “observers” external to the Senate may be recognized to speak. As best I am aware, we are bound by State open meetings laws but if I am mistaken and the Senate can set procedures to “close” a meeting to non-Senators I would appreciate knowing how we might proceed to do so and not be out of compliance with State law. Regarding the presence of a reporter at the Senate meeting tomorrow, I did not “invite” anyone but was informed by a reporter after I was interviewed that he intended to attend, presumably as he was aware that the meeting is open to non-Senators and he had seen the questions that had been sent to you by the Faculty Affairs Committee. Following the “Transparent UT” policy of President Boyd, I have endeavored to be very open regarding Senate actions and my activities as President. As you are aware, I have tried in this to ensure that I do not set a precedent of publicly posting personnel information. Indeed it was my concern over this that led to our discussion with the OGC and eventually your note to the faculty of August 4 and the plans for responding to questions at the Senate meeting. As for the meeting tomorrow, the Faculty Affairs Committee has devoted significant effort to this matter and it would not be appropriate for me to interfere with their plans to ask the questions publicly. Hopefully the instructions you have been given by the OGC do not constrain your ability to response to most of the questions as these involve University policy rather that specific personnel issues in a particular case. Stay well, Lou -- Louis J. Gross (he, him, his) Chancellor’s Professor and Alvin and Sally Beaman Distinguished Professor of Ecology and Evolutionary Biology and Mathematics Director Emeritus, National Institute for Mathematical and Biological Synthesis (NIMBioS.org) Director, The Institute for Environmental Modeling University of Tennessee - Knoxville President, 2006-2007, 2021-2022, UTK Faculty Senate Past-President, 2003-2005, Society for Mathematical Biology http://lgross.utk.edu/