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FacEx - Faculty Senate Executive Committee 11/18/14

FacEx
November 18, 2014 - 3:00pm
Provost’s Conference Room
Agenda: 

Faculty Senate Executive Committee

FacEx

November 18, 2014 – 3:00 p.m.

Provost Conference Room

(This meeting may be electronically recorded.)

I.          Announcements

II.        Approval of minutes from October 28 and November 11, 2014

III.       Report of Faculty Senate President Jim Carothers

IV.       Faculty Code of Rights, Responsibilities, and Conduct

V.        Old Business

VI.       New Business

Minutes: 

Minutes

Faculty Senate Executive Committee – FacEx

November 18, 2014 – 3:00 p.m.

Provost Conference Room

 

APPROVED DECEMBER 9, 2014

MEMBERS PRESENT:  Jim Carothers, Jonathan Mayhew, Tom Beisecker, Katherine Clark, Lisa Friis

EXCUSED:  Jeremy Martin, Mike Williams

ALSO PRESENT:  Mohamed El-Hodiri, AAUP; Amy Smith, Policy Office; Kathleen Levy, University Governance

The meeting was called to order by Faculty Senate President and FacEx Chair Jim Carothers.

FacEx approved the minutes from October 28 and November 11, 2014.

REPORT OF FACULTY SENATE PRESIDENT – Carothers reported that there are no items yet for the Senate meetings scheduled for December 4.  Carothers asked Mayhew to report on the Social Media Policy Procedures.  Mayhew stated that he wants to put a draft on the Governance website for perusal by the entire University community.

FACULTY CODE OF RIGHTS, RESPONSIBILITIES, AND CONDUCT (FACULTY CODE)

FacEx discussed the following draft of Article I (strikethrough and highlighting shows changes from administration’s draft) and FSRR anchoring language (new provision to fill placeholder in FSRR).

Article I. Title

This code shall be known as the Code of Faculty Rights, Responsibilities, and Conduct.  Nothing in this document shall contravene federal and state law, University policy, University Senate Code, University Senate Rules and Regulations, the Faculty Senate Rules and Regulations, or duly published Board of Regents policy.  This code is based on the premise that both administrators and faculty share responsibility to create a climate suitable for scholarship, research, effective teaching and learning, and service. Except as otherwise provided by federal or state law, Board of Regents Policy, or provisions of the  University Senate Code, University Senate Rules and Regulations, and Faculty Senate Rules and Regulations, no policy or action by the University or its faculty and staff may violate the  rights, responsibilities, and standards of conduct established by this code.  Substantive changes to this Code will be made only after consideration approval by the Provost’s Office and Faculty Senate. 

FSRR Article VII.  Faculty Rights and Responsibilities

Section 1.  Code of Faculty Rights, Responsibilities, and Conduct

The Code of Faculty Rights, Responsibilities, and Conduct is based on the premise that both administrators and faculty share responsibility to create a climate suitable for effective teaching and learning, scholarly, scientific and artistic achievement, and commitment to public service.  As such, it is developed cooperatively and approved by the Faculty Senate and the Provost’s Office.  Substantive changes to this Code will be made only after approval by Faculty Senate and the Provost’s Office. Upon approval, the code is a binding policy that:

 

a.            Secures essential rights for faculty, including academic freedom and tenure, and procedural due process in disciplinary actions;

b.            Defines the responsibilities of faculty in relation to their teaching duties, scholarly activities, and service obligations; and

c.             Articulates standards of conduct for faculty.

               

The provisions of the code are subject to federal and state law, Board of Regents Policy, and provisions of the University Senate Code, University Senate Rules and Regulations, and Faculty Senate Rules and Regulations.

ARTICLE I – Carothers began the discussion of Article I by noting that, in using the phrase “Substantive changes to this Code will be made only after consideration by the Provost’s Office and Faculty Senate,” administration agreed that Faculty Senate approval was required for changes to the Faculty Code.  However, many people have expressed concern that the word “approval” is not included in the provision, and “approval” and “consideration” are not the same thing.  Carothers suggested that perhaps stronger language is needed.

Mayhew/Clark moved to change the word “violate” to “alter or contravene” (in the above draft of Article I).  Passed.

Mayhew/Clark moved to accept the draft version of Article I as amended.  Passed.

The version of Article I approved by FacEx is as follows.  (Strikethrough and highlighting show changes from administration’s version.)

Article I. Title

This code shall be known as the Code of Faculty Rights, Responsibilities, and Conduct.  Nothing in this document shall contravene federal and state law, University policy, University Senate Code, University Senate Rules and Regulations, the Faculty Senate Rules and Regulations, or duly published Board of Regents policy.  This code is based on the premise that both administrators and faculty share responsibility to create a climate suitable for scholarship, research, effective teaching and learning, and service. Except as otherwise provided by federal or state law, Board of Regents Policy, or provisions of the  University Senate Code, University Senate Rules and Regulations, and Faculty Senate Rules and Regulations, no policy or action by the University or its faculty and staff may alter or contravene the  rights, responsibilities, and standards of conduct established by this code.  Substantive changes to this Code will be made only after consideration approval by the Provost’s Office and Faculty Senate. 

 

FSRR ANCHORING LANGUAGE – FacEx next discussed the draft of FSRR Article VII. Section 1 (above) that would replace “Pending” in the current FSRR. 

Mayhew/Clark moved that the last sentence beginning “The provisions of . . .” be changed to exactly the same language used in Article I of the Faculty Code (“Except as otherwise. . .”).  Passed.

Mayhew/Clark moved that FacEx approve the proposed draft of FSRR Article VII. Section 1, as amended.  Passed.

The version of FSRR Article VII. Section 1 approved by FacEx in as follows.

FSRR Article VII.  Faculty Rights and Responsibilities

Section 1.  Code of Faculty Rights, Responsibilities, and Conduct

The Code of Faculty Rights, Responsibilities, and Conduct is based on the premise that both administrators and faculty share responsibility to create a climate suitable for effective teaching and learning, scholarly, scientific and artistic achievement, and commitment to public service.  As such, it is developed cooperatively and approved by the Faculty Senate and the Provost’s Office.  Substantive changes to this Code will be made only after approval by Faculty Senate and the Provost’s Office. Upon approval, the code is a binding policy that:

a.            Secures essential rights for faculty, including academic freedom and tenure, and procedural due process in disciplinary actions;

b.            Defines the responsibilities of faculty in relation to their teaching duties, scholarly activities, and service obligations; and

c.             Articulates standards of conduct for faculty.            

Except as otherwise provided by federal or state law, Board of Regents Policy, or provisions of the  University Senate Code, University Senate Rules and Regulations, and Faculty Senate Rules and Regulations, no policy or action by the University or its faculty and staff may alter or contravene the  rights, responsibilities, and standards of conduct established by this code.

ADMINISTRATIVE LEAVE WITHOUT PAY (Faculty Code Article V) – At the last meeting, FacEx approved a version of Article V drafted by Martin.  That version is being reconsidered because certain background information was not taken into account when it was approved.  Last year FacEx considered the provision as it appears in the current administration version.  FacEx was concerned that the provision was much broader than the provision in the current version of the Faculty Code.  In response to FacEx’s concern, administration proposed an alternative that was accepted by FacEx (with the possibility of narrowing it further).  FRPR also accepted administration’s new version when the background was explained by Chris Steadham at the FRPR meeting that Steadham and Carothers attended on October 21, 2014.  The version of Article V that was modified last year and that should appear in administration’s current version (Sept. 2, 2014) is as follows.

Article V. Administrative Leave Without Pay

The operation of the University requires professional and reliable performance of faculty responsibilities. When a faculty member's failure to perform a primary job responsibility creates a threat of irreparable harm to the University or member(s) of the University community, the University may put the faculty member on Administrative Leave Without Pay.

When Administrative Leave Without Pay is imposed, the Provost shall notify the faculty member of the action and the reasons for the action. The notice shall also advise the faculty member that the Administrative Leave Without Pay shall cease upon notification to the Provost from the chair or dean that the circumstances meriting leave without pay have been satisfactorily resolved. Finally, the notice shall advise the faculty member that if he/she believes the Administrative Leave Without Pay to have been improperly imposed, review may be sought by requesting a hearing before the Faculty Senate Faculty Rights Board as outlined in the University Senate Code. However, such a request shall not delay the imposition of the Administrative Leave Without Pay. In addition, imposition of leave without pay does not preclude other administrative or disciplinary action.

 

In discussing this provision, FacEx members agreed that there is a need for an emergency measure but they see any action that is “without pay” as a sanction.  A new draft of this provision will be circulated before the next meeting that incorporates the limiting language of administration’s version with the idea that “without pay” can only be considered a sanction.

No further business.  The meeting was adjourned.

Respectfully submitted,

Kathleen Levy


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