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FacEx - Faculty Senate Executive Committee 9/23/14

September 23, 2014 - 3:00pm
Provost’s Conference Room

Faculty Senate Executive Committee

(This meeting may be electronically recorded.)


I.          Announcements

II.        Approval of minutes from September 9, 2014

III.       Report of Faculty Senate President Jim Carothers

IV.       FRB Specific Charge 1

Be prepared to revisit policies and procedures for faculty dismissal proceedings (formerly proposed FSRR 7.3.4) and related issues.  Make recommendations to FacEx.

V.        Old Business

VI.       New Business



Approved 10/7/14

MEMBERS PRESENT:  Jim Carothers, Jonathan Mayhew, Tom Beisecker, Mike Williams, Lisa Friis, Jeremy Martin

EXCUSED:  Katherine Clark

ALSO PRESENT:  Steven Maynard-Moody, Faculty Rights Board Chair; Mohamed El-Hodiri, AAUP; Amy Smith, Policy Office; Kathleen Levy, University Governance

Faculty Senate President and FacEx Chair Jim Carothers called the meeting to order.

FacEx approved the minutes from September 9, 2014.

REPORT OF FACULTY SENATE PRESIDENT – Carothers noted that he and Mayhew will meet with the Provost on Friday and with the Chancellor on October 2.  He reported that he attended the BOR meeting last week.  BOR is in the process of selecting their objectives for the year.  They are interested in credit for prior learning and performance based funding.  One example of performance based funding in which KU is making good progress is the STEM Project in which each engineering program is being given $3.5 million for expansion.  Council of Faculty Senate Presidents (COFSP) will focus on academic dishonesty and implementation of the Social Media Policy.

Carothers reported on progress regarding the revision of the Faculty Code of Rights, Responsibilities, and Conduct (Faculty Code).  He will be contacting former FacEx members and FRPR Chair Jan Sheldon for input regarding administration’s response to the FacEx comments he shared with administration over the summer. He is asking that they respond before Thanksgiving break.   In the meantime, FacEx will also be working on the Faculty Code.  He intends to have a draft completed before the end of finals week, and would like to take the document to Faculty Senate early in second semester.

FRB SPECIFIC CHARGE 1 – FacEx members discussed FRB Specific Charge 1 with Chair Steven Maynard-Moody.  Specific Charge 1:  Be prepared to revisit policies and procedures for faculty dismissal proceedings (formerly proposed FSRR 7.3.4) and related issues.  Make recommendations to FacEx. 

Because the issues have developed over a number of years, the background material that appears at the end of the minutes was provided to FacEx members and Maynard-Moody.  There are two separate but related issues.  First, Faculty Senate recommended changes to FSRR 7.3 that were rejected by the Provost.  Faculty Senate has not yet responded.  Second, there is currently no provision for a FRB hearing in cases of administrative sanction of faculty members.

FacEx discussed the difference between dismissal of an untenured faculty member before the end of his/her contract and non-appointment of a untenured faculty member.  Dismissal of an untenured faculty member before the end of his/her contract is currently covered by the FRB Procedures for Dismissal which afford faculty members the right to a hearing.  Non-reappointment at the end of the contract period (typically one year) is not the same as dismissal and is not covered by the dismissal policy. (The present issues do not involve non-reappointment.) The current dismissal procedures provide for a FRB hearing with due process protections for both tenured faculty, and untenured faculty members who are dismissed during the term of their contract.  The Provost rejected Faculty Senate amendments to FSRR that would make it clear that untenured faculty members are entitled to a hearing in cases of dismissal during the term of the contract.  Rather, the Provost takes the position that dismissal of an untenured faculty member should not be subject to the same appeal procedures accorded to a tenured member of the faculty. 

Maynard-Moody and several FacEx members favor the Provost’s position.  It was also suggested that, in cases where students need to be protected, an untenured faculty member could be suspended rather than dismissed, and then that person, at the end of his/her contract period, would not be reappointed;  a hearing would not be required.  Carothers noted that amending the dismissal procedures to eliminate the right to hearing for untenured faculty who are dismissed during the period of their contract would eliminate rights they currently have.  The second issue, concerning the absence of an opportunity for a hearing in the case of administrative sanction of a faculty member, was not addressed.  Maynard-Moody concluded that FRB does not need to take any action at this time.

NEW BUSINESS – Impact on Faculty of Shared Service Centers – Carothers noted that a number of faculty members have voiced concern about problems with the Shared Service Centers.  He asked that each FacEx member send comments, observations, suggestions, anecdotes, etc. to him.  He noted that gathering comments and concerns will help FacEx focus the issues.  Collecting this information will also be useful in determining whether the problems are a FacEx issue or whether the issue would be more appropriately taken up by SenEx.

No further business.

The meeting was adjourned.

Respectfully submitted,

Kathleen Levy

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