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SenEx-University Senate Executive Committee 02/23/16

SenEx
February 23, 2016 - 3:00pm
Provost’s Conference Room
Agenda: 
  1. Announcements
     
  2. Approval of minutes from February 9, 2016
     
  3. Standing Reports
    1. University Senate President Mike Williams 
    2. Faculty Senate President Tom Beisecker
    3.  Student Senate President Zach George
    4. Staff Senate President Chris Wallace
  1. Update on Chancellors Weapons Policy group
  1. Update on Campus Climate Survey Focus Group’s progress on building a question list for survey
  1. University Calendar from Calendar Committee
  1. Report on Chancellor’s response to University Senate Code and USRR amendments
  1. Unfinished Business
     
  2. New Business

 

Minutes: 

MINUTES

UNIVERSITY SENATE EXECUTIVE COMMITTEE - SenEx

February 23, 2016 – 3:00 p.m.

Provost Conference Room

Approved March 8, 2016

PRESENT: Mike Williams, Tom Beisecker, Joe Harrington, Pam Keller, Ron Barrett-Gonzalez, Zach George Brent Lee, Chance Maginness, Amalia Monroe-Gulick, Liz Phillips, Peggy Robinson, Chris Wallace, Mady Womack

ABSENT:  None

ALSO PRESENT: Maureen Altman and Kathy Reed, University Governance; Mohammed El-Hodiri, AAUP       

Mike William called the meeting to order, announced that the meeting was being recorded, and asked for announcements.  Williams informed Brent Lee that since he will be gone for next week’s University Senate meeting Lee, as Vice President, will conduct the meeting. 

MINUTES for February 9, 2016 were approved.  

STANDING REPORTS

University Senate President/SenEx Chair

Williams assured SenEx that Governance is being represented in the Campus Climate Survey focus groups which are currently putting together questions for the survey.  For example, he reported that the tenured faculty focus group he is in has a past Governance president.  Williams emphasized that the work of the Campus Climate Survey has been going on for about 18 months and is neither only about diversity nor a reaction to the November 1 Town Hall Meeting on Race, Responsibility, Respect and Free Speech.  Spring of 2017 is the target for return of survey data and Rankin Associates, [the consultant team KU Climate Study is working with] assures that data will not be funneled through administration but will be available to all in the KU community.  Brent Lee asked if the survey format will have separate questions for specific groups; Williams answered that while the questions haven’t been created yet, the survey will be robust and will  have the ability to branch off, for example if someone answers a staff question he/she will be directed to other staff questions.

Faculty Senate President/FacEx Chair

Tom Beisecker reported about the last KBOR meeting.  He said that there wasn’t much discussion on weapons since KBOR is now waiting for the institutions to put together their policies and procedures.  COFSP (the Council of Faculty Senate Presidents) met with COGRO (the Council of Government Relations Officers) to discuss what role the faculty might have in assisting the process of representing the universities to the legislature.  In considering ways that the faculty senate presidents could be a more robust tool for our government representatives to use, COFSP considered the possibility of making faculty president terms longer, or possibly including past presidents in the council to achieve greater stability across time.  COGRO updated COFSP about the status of some bills.  The bill to move the concealed carry exemption up to 2016 failed, as did the bill to allow 18 year olds to carry concealed weapons on campus, although this could be reconsidered in the future.  House Bill 25.31 could strip due process in firing junior college faculty which concerns COFSP as being (as one COFSP member put it) a possible “tenure attack creep”.  Liz Phillips informed SenEx that the bill was referred to the Appropriations Committee yesterday.  COFSP is watching the bill and is aware that the junior college administrations support it.  Williams noted that the state already got rid of K12 tenure last year.  Phillips asked if the equalization of leaves between different staffs (USS and UPS) is being addressed.  Beisecker said he didn’t think so and Williams said he hadn’t seen it not on the agenda. 

Student Senate President

Zach George reported that the full senate is waiting to see committee recommendations regarding student fees.  An increase of about one dollar, making fees $456 per semester, has gone through the fee review process in the finance committee; the UDK would get a one dollar increase.  He would like to make the Student Senate Transportation Coordinator an ex officio member of the Parking Commission in order to have more voices in the commission, and hopes University Senate will review that soon; George will work with Kathy Reed on it.  The Tobacco Free Initiative will be debated.  Student Senate is looking at internal transfer fees, fees charged for transfers sent within KU.  Three thousand dollars has been added to graduate printing in Watson Library.  Amalia Monroe-Guluck expressed concerns.  The printing costs are expensive (over $10,000 per year), the machines often break down from the increased use, and some students have learned how to hack the printers.  Brent Lee explained that graduate students are technically classified as employees so they don’t get funded printing, and also noted that some places on campus required printed documents rather than electronic copies, which might be something to look into.  Lee said there is a print cap of 500 pages.  He went on to explain that the Student Senate has already given $5000 toward the printing costs and is now adding $3000.  He told Monroe-Gulick that there might be a possibility to add more money and asked her to let him know what might be needed so other sources might be found.

Staff Senate President

Chris Wallace reported that Staff Senate passed a resolution to support the tobacco free initiative as well as a resolution against weapons on campus.  He announced that there will be two parking forums on Monday, February 29.

Update on Chancellors Weapons Policy group

Williams reported that yesterday the Chancellors Advisory Committee on Gun Policy met and was given the charge to produce the policy document that will guide KU’s adherence to the KBOR weapons policy which was approved in January.  Besides himself, Williams said that committee consists of four other members, the head of the Lawrence Campus Police, the Faculty Senate President from KU Med and their security chief, and the President of General Counsel.  The deadline for the Chancellor’s committee is September 1, but the Chancellor would prefer it be completed by the middle of summer giving more time to get the Regents’ approval of the policy so implementation can start in fall.  Williams said that all of KU will be under the policies and procedures except the hospital in Salina since is not owned or leased by KU.  Williams is also co-chairing the Provost’s committee which is concerned with implementing weapons policy procedures in every aspect of university life.  The committee consists of 16-18 members representing all populations across campus.  Williams is going to suggest the University Senate Ad Hoc Committee (WOCC) conclude the end of this semester and hopes some of its members will move to the Provost’s committee.  Among the many issues it’s considering, the Provost’s committee is looking at discretionary security, possibly implementing door swipes rather than metal detectors.  Williams added that 18 year olds can have a gun on their own property, and when they enter KU they must report their home address which will reduce the number of students who can carry concealed weapons.  Williams said he will be meeting with night staff later this week. 

Update on Campus Climate Survey Focus Group’s progress on building a question list for survey

Williams reported earlier in the meeting about the focus group.  He said he would keep SenEx updated.

SCHOOL YEAR CALENDAR

Williams asked SenEx to approve the University’s academic calendar which the Calendar Committee updated to include the 2020-2021 academic year.  In addition to the update they also corrected two errors, “existing 2019-2020 academic calendar: (i) the incorrect dates (November 20-24) for the Thanksgiving break, causing a necessary shift of the Fall 2019 calendar by one week in order to maintain the tradition of two weeks of class after Thanksgiving break, and (ii) the incorrect date (March 10) of the Monday of the 2020 Spring Break."  Motion to approve the updated calendar.  Monroe-Gulick/Womack.  Passed.

Report on Chancellor’s response to University Senate Code and USRR amendments

Williams reported on the Chancellor’s decision regarding amendments to Article X Section 2 (three amendments), Article XI Sections 2 and 4, and USRR 6.9.1.  He reminded SenEx that amendments to Article XI were proposed in an attempt to make appointments reflect practices.  The Chancellor denied the proposed change to Article XI Section 2 regarding student, faculty, and staff appointments to the Parking Commission, and item V under Article XI Section 4 which addressed administrator appointments to the Judicial Board.  Williams read the proposed amendment and the Chancellor’s rationale for denying the Parking Commission amendment.  He pointed out that Governance still has input in recommending committee members.

                Article XI University Commissions, Boards, and Other Committees

Section 2. The Parking Commission

Voting members. The Provost shall appoint the voting members from lists of persons recommended by the groups named: Three members of the student body including a member of the University Transit Commission and a representative of AbleHawks recommended appointed by the Student Senate Executive Committee; three members of the faculty, one of whom may be an emeritus faculty member, recommended appointed by the Faculty Senate Executive Committee; four staff recommended appointed by the Staff Senate. These appointments are endorsed by the Provost via a letter of service to the appointee and his/her supervisor.

“I do not recommend approval of this amendment.  The Parking Commission is functionally different from a standing committee as it speaks for the whole university and makes policy decisions for parking on campus. The work of this commission can therefore be very controversial.  Retaining the current process (i.e., allowing for recommendations from respective bodies with final member approval from the Provost) for member selection is preferred based on the controversial nature of the commission’s important work.”

Barrett-Gonzalez asked if Governance has any recourse if a nominee is denied.  Williams doubted it, and felt it wouldn’t necessarily be the fight to fight.  Mohammed El-Hodiri informed Senex that in the past all appointments were made by Governance.  Monroe-Gulick took issue with the rationale as implying Governance was not capable of making an appointment to a “controversial” commission and others agreed.  Chris Wallace said that the Provost has nearly always approved their choices.  Monroe-Gulick questioned whether the commission actually had any power.  Wallace, who chairs the Parking Commission, said the commission does have power, and gave the example of when the commission was able to keep yellow lots for students which Parking wanted to change to red for staff.    

Regarding Judicial Board appointments, the Chancellor approved that faculty, staff, and student members could now be appointed, rather than just recommended, by their respective bodies.  She denied the proposal that administrators be appointed by the Faculty Senate, stating that the “three administrators who serve on the board should be appointed by the Provost as the chief academic and chief operation officer.”

UNFINISHED BUSINESS

None

 

New Business

Williams said that Harrison Baker has put forward a recommendation that Governance change the University Senate Code to gender neutral language as Student Senate has.  Baker has gone through the University Code and cited the changes; Williams feels FSRR and USRR should be changed as well.  He recommended that SenEx send the matter to the O&A (Organization and Administration) committee.  They agreed.

Motion that all of the aforementioned articles (University Senate Code, USRR, and FSRR) be remanded to O&A (the Organization and Administration committee) for appropriate cleanup so that no substantial matters are changed but gender neutral language is added.  Report to SenEx by the end of the academic year.  Barrett-Gonzalez/Maginness.  Passed. 

ACTION: SEND O&A A NEW CHARGE TO LOOK INTO CREATING GENDER NEUTRAL LANGUAGE (BUT NO SUBSTANTIVE CHANGES) FOR THE UNIVERSITY SENATE CODE, USRR AND FSRR.  REPORT TO SENEX BY THE END OF THE ACADEMIC YEAR (COMMENCEMENT)

Barrett-Gonzalez distributed HR’s Employee Invention Assignment Agreement, and the Engineering Faculty statement opposing the form and new policy.

The University of Kansas School of Engineering objects to the continued use of a pre-invention assignment agreement by KU Human Resources. It has become apparent that the Employee Invention Assignment Agreement which new faculty members must sign is far more expansive than KSA 44-130, KBOR Intellectual Property and all versions of the University of Kansas Intellectual Property policy. Because the Employee Invention Assignment Agreement makes it impossible for new faculty members to consult for engineering-related industries during the summer, the School of Engineering considers the mandatory signing of the Agreement to be most objectionable. Further, it has been discovered that the Administration is binding student employees with the same document. Accordingly, students are similarly prevented from safely engaging in general employment, internship and coop opportunities outside of the academic year and being employed by outside entities during the academic year. The Faculty of the School of Engineering recommends most strongly that because the last revision of the KUIP policy which was approved on 5 March 2015 on the condition that suitable changes to the Employee Invention Assignment Agreement would be made, the Faculty Senate revoke its approval of that policy. Similarly, it is strongly recommended that the Student Senates and University Governance as a whole consider this document carefully and join the School of Engineering faculty in objecting to this gross overreach by the Administration.

Maureen Altman said that she had spoken with Amy Smith in the Policy Library months ago to check the status of the pending policy and at that time was told the policy was with General Counsel.  Williams said he will check with Jim Tracy about the issue.

 ACTION: WILLIAMS WILL CHECK WITH JIM TRACY ABOUT THE STATUS OF THE PENDING INTELLECTUAL PROPERTIES POLICY.

There was no further business.  The meeting was adjourned at 4:12 p.m.

Respectfully submitted,

Maureen Altman

 

Calendar Committee

Dear SenEx Committee Members,

The Calendar Committee held a meeting on November 19, and passed the recommendation of a five-year academic calendar through Summer 2021 to the University Senate for approval. Attached please find a copy of the approved minutes and the recommended five-year plan. Please note that this plan includes a correction of some errors found in the existing Senate-approved five-year calendar as explained below. 

There are two errors found in the existing 2019-2020 academic calendar: (i) the incorrect dates (November 20-24) for the Thanksgiving break, causing a necessary shift of the Fall 2019 calendar by one week in order to maintain the tradition of two weeks of class after Thanksgiving break, and (ii) the incorrect date (March 10) of the Monday of the 2020 Spring Break." They are corrected in the attached updated five-year plan now proposed by the Calendar Committee.

 

Best regards

Albert Sheu

 

Barrett-Gonzalez Handouts

The University of Kansas School of Engineering objects to the continued use of a pre-invention assignment agreement by KU Human Resources. It has become apparent that the Employee Invention Assignment Agreement which new faculty members must sign is far more expansive than KSA 44-130, KBOR Intellectual Property and all versions of the University of Kansas Intellectual Property policy. Because the Employee Invention Assignment Agreement makes it impossible for new faculty members to consult for engineering-related industries during the summer, the School of Engineering considers the mandatory signing of the Agreement to be most objectionable. Further, it has been discovered that the Administration is binding student employees with the same document. Accordingly, students are similarly prevented from safely engaging in general employment, internship and coop opportunities outside of the academic year and being employed by outside entities during the academic year. The Faculty of the School of Engineering recommends most strongly that because the last revision of the KUIP policy which was approved on 5 March 2015 on the condition that suitable changes to the Employee Invention Assignment Agreement would be made, the Faculty Senate revoke its approval of that policy. Similarly, it is strongly recommended that the Student Senates and University Governance as a whole consider this document carefully and join the School of Engineering faculty in objecting to this gross overreach by the Administration.  

 

Employee Invention Assignment Agreement

This Employee Invention Assignment Agreement (“Agreement”) is made by and between the University of Kansas (“University”) and ____________________ (“Employee”) and is effective the date Employee signs this Agreement or the date Employee first begins employment with University, whichever is earlier.

Whereas, the University has offered Employee employment with the University, and Employee has accepted University’s offer of employment.

Now Therefore, in consideration of the mutual promises made and exchanged by Employee and University concerning employment, and for other good and valuable consideration, which is acknowledged by both, the University and Employee agree to the following terms and conditions:

1. Employee acknowledges and agrees that in consideration of employment by the University, and receipt of a share of licensing revenues from the commercialization of inventions by the University, all inventions (“Inventions”*) that (a) Employee develops using the University’s equipment, supplies, facilities, time, personnel or trade secrets, or (b) result from work he/she performs for the University, or (c) relate to the University’s actual or demonstrably anticipated research and/or development, are the sole and exclusive property of the University. Employee agrees to assign, and hereby does assign, all such Inventions to the University.

2. Employee further understands that, in accordance with Kansas Board of Regents and University of Kansas policies on intellectual property,† inventors shall collectively receive revenues from royalties, license fees, and other charges after the University recovers its costs. Currently, under Board of Regents policy this collective minimum is 25 percent of royalties, fees and charges, and under current University of Kansas policy the collective minimum is 33.3 percent of royalties, fees, and charges.

3. If Employee has made any inventions, developments, or trade secrets prior to his/her employment with the University, which belong to him/her and which are not assigned to the University (“Employee Prior Inventions”), Employee has listed and described all of them on the attached page (Exhibit A), including any pertinent documentation. University makes no claim to any Employee

 

* Invention: Any art or process (way of doing or making things), machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the patent laws of the United States. (See U.S. Patent and Trademark Office website glossary.)

† In accordance with Kansas Board of Regents and University of Kansas policies on intellectual property, ownership of scholarly and artistic works and royalties derived therefrom shall reside with the creators.

Prior Inventions. If no such list is attached, Employee agrees that it is because no such Employee Prior Inventions exist or because Employee has assigned such inventions to a prior employer or other entity. Employee acknowledges and agrees that if he/she uses any Employee Prior Inventions in the scope of his/her employment with the University, or includes them in a product or service of the University, Employee hereby grants to the University a perpetual, irrevocable, nonexclusive, world-wide, royalty-free license to use disclose, make, sell, copy, distribute, modify, and create works based on such Employee Prior Inventions and to sublicense them to third parties with the same rights.

4. Employee hereby certifies that no assignment, sale, agreement or encumbrance has been or will be made or entered into by Employee that would conflict with this Agreement. Employee may prospectively assign rights to revenue (for a certain period or in perpetuity) to a trust, legal entity or another person by a written instrument so indicating and properly acknowledged before a notary. Such assignment will only be treated as effective upon approval by the paying agent and the general counsel for the University of Kansas or counsel for the University of Kansas Center for Research,

Inc. The tax identification number of the substituted payee must also be provided prior to any payment to anyone other than the Employee.

5. Employee further certifies and agrees that he/she will, upon request by University, provide promptly to the University all pertinent facts and documents to enable University to obtain, maintain, issue, and enforce all Inventions. Employee will, if necessary, testify at University’s expense in any interference, litigation or proceeding related thereto.

6. The University, in compliance with Kansas state law, hereby notifies Employee of the provisions of K.S.A. 44-130. Specifically, Employee acknowledges and understands that because this Agreement contains a provision assigning Employee's rights in any invention to the University, the University is required to provide, at the time this Agreement is made, a written notification to Employee that this Agreement does not apply to an invention for which no equipment, supplies, facility or trade secret information of the University was used and which was developed entirely on Employee's own time, unless:

(a) The invention relates directly to the business of the University or to the University's actual or demonstrably anticipated research or development;‡ or

(b) The invention results from any work performed by Employee for the University.

Also, even though Employee may meet the burden of proving the conditions specified in K.S.A. 44-130, Employee shall disclose, at the time of employment or thereafter, all inventions being developed by Employee, for the purpose of determining University and Employee rights in an invention. See Exhibit A.

7. This Agreement shall be governed by and construed under the laws of the State of Kansas. Any action under this contract shall be brought in the state or federal courts of the State of Kansas.

8. This Agreement fully and completely states the understanding of Employee and University. All prior understandings and agreements between Employee and University are merged with this Agreement.

9. This Agreement shall remain effective and enforceable throughout Employee’s employment with the University, and as to any inventions made during employment with the University, it shall survive Employee’s termination of employment with the University.

‡ Questions regarding what may be “actual or demonstrably anticipated research or development” of the University should be directed to the University Director of Technology Transfer.

In Witness Whereof, the Employee and University have caused this Agreement to be executed as of the date below.

By Employee:                                      Accepted and Agreed to by University of Kansas:

___________________________      ____________________________

Signature                                              James W. Tracy

Vice Chancellor for Research

___________________________

Printed name

____________________________

Date of Execution

 

________________________________________________________________________________________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


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