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GRADUATE CERTIFICATE – IMPLEMENTATION REQUEST

I. Certificate Name and CIP Code

a. Indicate the title and level of the certificate (e.g., Medical Anthropology Graduate Certificate or Medical Anthropology Post-Master’s Certificate).

Indigenous Governance Graduate Certificate

b. Indicate the CIP Code for the proposed certificate. Select an appropriate CIP

Code for the certificate from National Center for Education Statistics web site (http://nces.ed.gov/) or contact Patti King (621-4107 or pattik@email.arizona.edu) for assistance in selecting a CIP Code.

22.0299

II. Requested by – managing department, college, and oversight committee membership.

Indigenous Peoples Law & Policy Program, James E. Rogers College of Law

III. Program Affiliation - specify whether the UA offers an affiliated graduate program – the affiliated program may or may not have the same name as the proposed certificate. We are currently completing the process to offer a Masters of Professional Studies in Indigenous Governance, and the Graduate Certificate in Indigenous Governance will be affiliated with the MPS. The MPS will be offered through the College of Law, and is a partnership of IPLP, the Native Nations Institute, and the Native Peoples Technical Assistance Office.

IV. Certificate Description and Purpose Over the last decade, we have seen the emergence of a new group of Indigenous governance professionals. Members of this group seek law, public policy, and governance training focused on the Indigenous context. Two years ago, in response to requests from Indian country, IPLP, NNI, and NPTAO joined together to offer a continuing education certificate in Indigenous governance as a way to test the market and determine what the ideal curriculum would be. The Continuing Education Certificate (CECERT) was a success from day one. CECERT turned a profit in the first year, and increased that profit by more than 1200% in the second year. The success of the CECERT program demonstrates the market for such training. 55% of the students

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who have taken at least one CECERT class work for a tribal government. Another 29% work for organizations that work with tribal governments. That means 84% of CECERT students are professionals who already work in the field. The majority of the remaining 16% are students in the IPLP postgraduate program. This proposal seeks to turn CECERT into an official graduate certificate. The Graduate Certificate in Indigenous Governance will provide an alternative for students who are unable to or uninterested in pursuing the MPS.

V. Certificate Requirements

a) List the certificate requirements, including number of credit hours required and any special requirements for completion. Certificate requirements should include sufficient units to provide a substantive program and an appropriate level of academic rigor and in no case be less than 9 units of credit.

To earn the Indigenous Governance Graduate Certificate, a student must complete 12 credit

hours. Three courses are required: (1) Law, Policy and Economics of Contemporary Tribal

Governments (1 credit); (2) Comparative Indigenous Governance (1 credit); and (3) a

capstone project (2-4 credits). Of the 12 credits, a total of four must be taken in person. The

remaining 8 credits can be either in person or through distance learning, but must be selected

from the approved list of electives. A student may petition the Director, upon a showing of

good cause, to allow another graduate level course to be substituted for a listed elective.

b) List current and new courses needed to meet certificate requirements, including course

prefix/number, title and number of units. New courses should be designated as such and include a proposed prefix/number, title, catalog description and number of units. No less than 50% of the course work applied to a certificate must be taken for a regular letter grade.

Please see Appendix A

c) Indicate which courses will be offered on-campus and those offered off-campus, as well as the method of delivery.

Please see Appendix A

Note: Future changes to the curriculum originally approved for the certificate must be approved by the Graduate College and Curricular Affairs Office.

VI. Student Admittance/Advising/Completion – completion of a bachelor’s degree is

required for admission to a graduate certificate. Completion of a Master’s degree or current enrollment in a graduate level program is required for admission to a Post-Master’s certificate.

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a) List any prerequisites or standardized tests required for admission.

Bachelor’s degree or equivalent from home country. Students who complete at least

four credits in the Continuing Education Certificate in Indigenous Governance and

who have (1) greater than a 3.5 GPA and (2) practical experience equivalent to a

Bachelor’s Degree will be allowed to switch into the Graduate Certificate.

b) Indicate if concurrent enrollment in a degree program is allowed or required,

Concurrent enrollment in a degree program is allowed but not required.

c) Can students be enrolled full-time (9 units) in the certificate in their first semester?

What is the standard length of time to finish the certificate if students are enrolled full-time the first semester?

Students may take the course as full time students or through an executive education structure. It is expected that the vast majority of students will pursue the executive education path. Students are strongly encouraged to begin the certificate by taking the two required courses as part of the January in Tucson program. Students enrolled full time can complete the certificate in one semester. Students enrolled part time may take up to three years to complete the Certificate. .

d) Indicate the maximum number of transfer units (courses taken at institutions other

than the UA) that may be applied to the certificate keeping in mind that no more than 6 units of transfer credit may apply to a graduate certificate.

A maximum of 3 transfer units will be allowed. The Director of the Graduate Certificate program must approve the transfer of credits after reviewing the syllabi and other curricular materials of the course(s) proposed for transfer to ensure the content is sufficiently related to the Certificate requirements.

e) What provisions are included for student advising?

The Director of the Graduate Certificate will work very closely with each student to determine the best path for pursuing and completing the Certificate. (This is the practice at IPLP for all students).

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f) May a student change from a certificate to a degree program? What are the provisions? Will the units earned for the certificate be applied to the degree program?

With permission from the Director, Students may change from the Certificate program to the Masters of Professional Studies in Indigenous Governance. Units earned as part of the Certificate may be applied to the degree program, provided the student is admitted to the MPS within three years of completing the certificate courses. Students currently enrolled in the Continuing Education Certificate will be offered the opportunity to switch to the Graduate Certificate or the MPS program.

IV. Certificate and Student Outcomes – provide a plan and frequency for assessing the

intended certificate outcomes both for students and the certificate. a) Student Learning Outcomes – describe what students should know, understand,

and/or be able to do after completing the course work for this certificate.

1. Understand what the research says about the success of Indigenous nations,

including the principles of effective Indigenous governance and the need for both efficient government structures as well as cultural match

2. Understand How the Principles of Effective Indigenous Governance Interact with

Governments Structures 3. Demonstrated ability to Apply the Principles of Effective Indigenous Governance

b) Certificate Outcomes – identify factors that indicate that completion of the

certificate leads to gainful employment and/or advancement opportunities.

We anticipate that most of the students will already be employed working with or for Indigenous governance. The success of the training will be demonstrated by impact that training has on their work. Miriam Jorgensen (Research Director of NNI and of the Harvard Project on American Indian Economic Development) and Alison Viivan (LLM 2004, SJD Candidate) are currently preparing an article researching the impact of the program in Australia and preliminary data show strong, positive results.

V. Student Demand - Is there sufficient student demand for the certificate?

a) What is the anticipated student enrollment for this certificate by the third year

the certificate is offered? Anecdotal indicators of students’ interest in the

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certificate are not sufficient. Provide market analysis or other tangible evidence to support projected enrollment numbers.

We have already conducted a two year pilot test through a continuing education program. The Continuing Education Certificate (CECERT) was a success from day one. CECERT turned a profit in the first year, and increased that profit by more than 1200% in the second year. The success of the CECERT program demonstrates the market for such training. 55% of the students who have taken at least one CECERT class work for a tribal government. Another 29% work for organizations that work with tribal governments. That means 84% of CECERT students are professionals who already work in the field. The majority of the remaining 16% are students in the IPLP postgraduate program. This proposal seeks to turn CECERT into an official graduate certificate.

b) Will the certificate serve a community need, preparation for professional

certification exams, degree program recruitment, employability enhancement, or other?

Yes, the emerging new group of Indigenous governance professionals seeks education and training that is not available through existing programs, either because the programs are focused on graduate, as opposed to professional, training or because the programs are not tailored to the unique needs of indigenous governments.

c) Will there be any collaboration with other departments or universities to maximize resources?

The proposed certificate is a collaboration of three units within the University of Arizona. We have also seen substantial linkages being developed with several Australian universities.

VI. Expected Faculty and Resource Requirements

a) List the name, rank, highest degree, department and estimate of level of

involvement of all current faculty members who will participate in the program.

See Appendix B.

b) Describe additional faculty needed for the first three years of the certificate.

No additional faculty will be needed.

c) Give the present numbers of FTE students (graduate and undergraduate) and

FTE faculty in the department or unit in which the certificate is offered.

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The Graduate Certificate is jointly sponsored by the Indigenous Peoples Law &

Policy Program at the College of Law, the Native Nations Institute, which is part of

the University’s Udall Center for Studies in Public Policy, and the Native Peoples

Technical Assistance Office. NNI and NPTAO are non-academic units. The College

of Law has no full-time undergraduate students. It has approximately 450 full time

graduate students. The College of Law has approximately 36 FTE faculty.

d) Give the proposed numbers of FTE students (graduate and undergraduate) and

FTE faculty for the next three years in the department or unit in which the certificate is offered.

The Certificate will not require the additional of any permanent new faculty, although

it might occasionally hire an adjunct as appropriate. The Certificate is expected to

attract an additional 20-30 students per year, most of whom will be on campus for

short periods of time in an executive education model.

e) Provide a copy of the current departmental budget and budget projections for

the first three years the certificate is offered.

The Certificate will be taught in connection with the MPS in Indigenous Governance and will not require any additional expenditures beyond a small marketing allowance. The Certificate is expected to attract enrollments of 20-30 students annually.

Indigenous Governance Graduate Certificate Proposal Appendix A

Existing Courses:

Course Course No. Units Location Format

Addressing Domestic Violence LAW 572A 1 June in Montana program or UANativeNet

In person or online (student cannot do both)

Federal Indian Law LAW 631A 3 Campus or UANativeNet In person or online (student cannot do both)

Law Policy and Economics LAW 631D 1 Campus In person

Native Governance in Action LAW 574A 1 June in Montana In person

International Human Rights and Indigenous People LAW 527 2 Campus In person

Indigenous People in the Inter-American System LAW 579A 1 June in Montana In person

Colloquium LAW 695A 1-2 Campus or UANativeNet In person or online (student cannot do both)

These courses are already approved but will have slight changes:

Course Course No. Units Location Format Change

International and Comparative Law of Indigenous Peoples

LAW 655F 1-3 Campus In person This course is currently approved for 3 credits, and we will change that for 1-3 credits. In addition, the course description and title confusing in light of courses added more recently. We will not change the intent behind the class, but will change the title to “Putting International Law to Work in Your Nation” and change the course description as follows: This course will provide students with a exposure to the theory and practice of the international law of indigenous peoples, as well as an understanding of the manner in which the United States and other countries are treating in their domestic legal systems are incorporating the issues that have been taken up at the international level.

Comparative Indigenous Governance

LAW 1 Campus In person This course is currently approved for 2 credits, and we will change that to 1-2 credits. The course was previously taught by visiting scholars, and will be now taught by a member of the resident faculty. He wishes to change the title to “Comparative Indigenous Governance” from “Comparative Aboriginal Law” and to change the course description as follows: Visiting Scholars will address the interrelationship of international and environmental law and indigenous rights. The course will also examine the different ways Indigenous aboriginal rights are treated in a number of legal systems across the world.

Cultural Property of LAW 656F 1 Campus In person This course is currently approved for 2-3 credits and we will change that to 1-3

Indigenous Peoples credits. The course description will be edited as follows: This course will cover tangible and intellectual cultural property, its identity, ownership, appropriation and repatriation and will begin with the history of the appropriation of cultural materials and the development of national and international laws. The class will cover laws in the United States which have been used to preserve heritage, i.e. NHPA, ARPA, NAGPRA.

Intergovernmental Relationships

LAW 656A 1 Campus In person This course is currently approved for 2 credits and we will change that to 1-2 credits. We will change the title to “Intergovernmental Relationships” and edit the course description as follows: Visiting scholars will address the use of customary law in tribal courts in the U.S., and examine different ways that it affects both the process and outcomes in tribal court. The course will also address Indian Treaties - history implementation, and current status. the relationship between Indigenous nations and other governments.

Internship LAW 693 TBA Experiential learning

Currently approved only for summer; needs to be approved for Fall and Spring

These courses have been taught as part of the Continuing Education Certificate but will need to be approved as official law courses:

Course Proposed Course No.

Units Location Format Catalog Description

Constitutions of Indigenous Nations

LAW 631L 1 Campus In person Considers the question “what is a constitution?” and explores different types of Indigenous nation constitutions, important concepts for constitutions to address, and the process for developing one appropriate for each community.

Making Change Happen LAW 631J 1 Campus In person Explores ways to assess and prioritize community needs with respect to nation building and uses case studies to explore how governments work within legal constraints to serve their communities and assert their rights.

Evidence for Indigenous Governance Principles

LAW 631K 1 Campus or online

In person or online (not both)

This course explores the key research concerning Indigenous Nation Building and how to understand what it means for your community.

Advocating in Int’l Human Rights Forums

LAW 631M 1 UANativeNet

Online This interactive, on-line course introduces students to the international and regional human rights bodies that are available to assist indigenous peoples and their representatives as part of a comprehensive advocacy campaign. Students will work at their own pace to learn about the United Nations, the ILO, the Inter American Commission on Human Rights and other human rights bodies; when and how such bodies should be used; and strategies for implementing decisions and recommendations from these bodies.

Defining and Protecting Identity

LAW 631N 1 Campus In person This course explores efforts of Indigenous groups to define and protect their identity.

Indigenous Governance Graduate Certificate Proposal Appendix B – Faculty Involved

Name Rank Highest Degree Department Level of Involvement

Melissa Tatum Research Professor of Law

JD Law Co-Director of Certificate; teaches several classes

Stephen Cornell Professor PhD Sociology/ Udall Center Teaches several classes

Robert Williams Professor JD Law Teaches two classes

Seanna Howard Adjunct Professor LLM Law Teaches two classes

Miriam Jorgensen Research Director, NNI

PhD NNI Co-Director of Certificate; teaches several classes

Joe Kalt Adjunct Professor1 PhD Law Teaches several classes

1 Is an Emeritus professor at Harvard’s Kennedy School of Government