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FacEx-Faculty Senate Meeting 4/14/15

April 14, 2015 - 3:00pm
Provost’s Conference Room

NEW LOCATION: Governance Office Conference Room

(This meeting may be electronically recorded.)

I.          Announcements

II.        Approval of Minutes from March 31 and April 7, 2015

III.       Report of Faculty Senate President Jim Carothers

IV.       Faculty Code of Rights, Responsibilities, and Conduct

V.        Old Business

VI.       New Business



Approved: 4/28/15

MEMBERS PRESENT:  Jim Carothers, Jonathan Mayhew, Mike Williams, Katherine Clark, Jeremy Martin

EXCUSED: Lisa Friis

ALSO PRESENT:  Tom Beisecker, President-Elect; Amy Smith, Policy Office; Jan Sheldon, FRPR chair;  Molly Mulloy and Kathy Reed, University Governance.

            FacEx chair Jim Carothers called the meeting to order.

MINUTES for 3/31 and 4/7/2015 were approved.


            Jim Carothers reported that ballots have been counted for Faculty Senate elections and distributed a list of new members for FY-16. He will attend the meeting of COSFP (Council of Faculty Senate Presidents of the six Regents’ universities) and the Board of Regents in Topeka tomorrow and Thursday.  He noted that COSFP is drafting a statement to the Board of Regents objecting to the proposed two-year suspension of tuition increases for the state’s universities.


            Jim Carothers welcomed Prof. Jan Sheldon, chair of the FRPR Committee (Faculty Rights, Privileges, and Responsibilities) who was present to discuss FRPR’s proposed new amendments to the Faculty Code. All agreed that it will be important on Thursday to provide the Faculty Senate with a clear  handout showing the FacEx version and the new FRPR amendments. Members discussed FRPR’s amendments with chair Jan Sheldon, as follows:

Art. I. Williams said that FRPR’s version is “functionally identical” to FacEx’s version, even though FRPR deleted references to the Provost and Chancellor in the last sentence. Carothers and Jonathan Mayhew both said they prefer FacEx’s phrase “subject to the ultimate authority of the Chancellor” because it makes the Chancellor’s authority explicit. Following discussion,  Katherine Clark/Jonathan Mayhew moved to accept FRPR’s amendment to delete the words “Provost’s Office” and “subject to… of Chancellor” in the final sentence, which will now read: “Substantive changes to this Code will be made only after approval by the Faculty Senate.” Passed.

Art. II, Right #2.  Clark/Mayhew moved to approve FRPR’s amendments to Right #2 and to add the words “and unbiased” after the word “consistent.” Passed.

Right #3. Clark/Mayhew moved to approve FRPR’s amendments and, in the second sentence, to replace the word “fair” with the words “consistent and unbiased.” Passed.

Right #4. Clark/Mayhew moved to approve FRPR’s amendments and, in the final sentence, to replace the words “fair and consistent” with the words “consistent and unbiased.” Passed with 1 opposed.

Right #5. Clark/Mayhew moved to approve FRPR’s amendments to #5. Passed.

Right #7. Jan Sheldon said FRPR felt the right to peer judgment, rather than the “opportunity to request” peer judgment, was very important. Martin/Clark moved to approve. Passed with one abstention.

Right #10.  In the discussion, guest Amy Smith pointed out that the phrase “rights of third parties” refers to such things as copyrights, FERPA, etc. Mayhew/Martin moved to approve. Passed.

Right #11. Mayhew/Williams moved to approve FRPR’s changes. Passed.

Right #12  Mayhew/Martin moved to approve FRPR’s changes. Passed.

FRPR New Right #13: Williams pointed out that Right  #13 in the FacEx version (“Faculty members have the right to be evaluated annually…” ) was moved intact and renumbered Art. #15 in the FRPR version.  A member noted that FRPR’s new rights #13 and #14 were rejected in the 2012 version of the Code. Mayhew said FRPR’s new text is not clear enough.


Lengthy discussion ensued about FRPR’s proposed new Right #13 (“Consistent with law, faculty members have a right to university support…including legal advice and assistance.”). Carothers voiced concern about having a “right” to this.  Guest Amy Smith said a faculty member’s right to counsel is in the Kansas Tort Claims Act. Williams added that the Tort Claims Act provides for a faculty member to be represented by the Kansas Attorney General’s Office, not KU’s General Counsel’s office.

Martin/Mayhew  moved that Right #13 be reworded as:: “Faculty members have a right to legal defense as specified by the Kansas Tort Claims Act and Board of Regents Policy.” Passed.

FRPR New Right #14: Mayhew/Clark moved to delete the first sentence, to replace the word “fair” with “unbiased, ” and to move “support of teaching and research” to the end. The sentence would read: “Faculty members have a right to consistent and unbiased treatment in the allocation of resources in support of teaching and research.”  Passed.

FRPR Right #16  (“Tenured faculty may be removed only for…” ).  Mayhew/Clark moved to approve. Passed with one abstention.

FRPR Right #17 (“Compensation of tenured and tenure-track faculty may be reduced only for…”).

Williams pointed out that the 2009 Furlough Authorization Policy allows furloughs even if there is no official financial exigency.  Clark said if we reinsert the text struck out by FRPR in the first sentence (“….as specified in University and Board of Regents policy or as may be required by state law.” ), then the furlough policy would be covered, and the rest of that sentence could be deleted. Members discussed several rewordings for Right #17 and eventually agreed on the following, which Mayhew/Martin moved to approve: “Compensation of tenured and tenure-track faculty may be reduced only as specified in University and Board of Regents policy or as may be required by state law.  In cases of the reduction of compensation, the University has the burden of proof to establish grounds for such a reduction.” Passed.

FRPR New Right #19.  Clark/Mayhew moved to approve. Passed.

Art. IV. 1., subsection c. A member pointed out a typo to change the word “accessing” to “assessing.” Mayhew/Martin moved to approve FRPR’s changes. Passed.

Art. IV, 5., subsection i. Following discussion about moral turpitude and other issues, Mayhew/Martin moved to accept FRPR’s changes. Passed.

Art. V. Administrative Leave.  Martin/Clark moved to approve FRPR’s new text as well as the following changes: to delete the phrase “without pay”  in the title and in the six places it occurs in the second paragraph, and to add “with pay” at the end of the first paragraph (“…. The University may put the faculty member on Adminstrative Leave with pay.”).  Passed.

Art. VI. Sanctions. Williams/Clark moved to approve FRPR’s changes to Art. VI’s preamble and item 2.b, to delete item 2.d, and to renumber items e and item f.  Passed.

No further business.

Respectfully submitted,

Molly Mulloy


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