SenEx - University Senate Executive Committee 12/02/14
University Senate Executive Committee – SenEx
December 2, 2014 – 3:00 p.m.
Provost Conference Room
(This meeting may be electronically recorded.)
II. Approval of minutes from November 4, 2014
III. Standing Reports
A. University Senate President Jonathan Mayhew
B. Faculty Senate President Jim Carothers
C. Student Senate President Miranda Wagner
D. Unclassified Senate President Amanda Ostreko
E. University Support Staff President Chris Wallace
IV. Social Media Policy Procedures
V. Old Business
VI. New Business
University Senate Executive Committee – SenEx
December 2, 2014 – 3:00 p.m.
Provost Conference Room
MEMBERS PRESENT: Faculty – Jonathan Mayhew, Jim Carothers, Katherine Clark, Jeremy Martin. Students – Miranda Wagner, Alex Montgomery, Emma Halling, Michael Walker. Unclassified Staff – Mike Krings, Amanda Ostreko. University Support Staff – Chris Wallace, Charlotte Goodman.
EXCUSED: Faculty – Mike Williams, Lisa Friis.
ALSO PRESENT: Tom Beisecker, Faculty Senate President Elect; Mohamed El-Hodiri, AAUP; Amy Smith, Policy Office; Kathleen Levy, University Governance; Sara Shepherd, Lawrence Journal-World
University Senate President Jonathan Mayhew called the meeting to order.
The minutes for November 4, 2014, contain a typographical error. Page two, line six of the first full paragraph contains the word “moral.” This word should read “morale.” SenEx approved the minutes for November 4, 2014, as corrected.
University Senate President – No report.
Faculty Senate President – Carothers asked FacEx members to remain after the meeting for a few minutes.
Unclassified Senate President – Ostreko reported that Unclassified Senate had a brown bag with Jayhawks for Higher Education concerning talking points for communicating with state legislators.
They also discussed the draft Tobacco Free KU Policy. Many of their members support the policy but there were also many questions. Director of Human Resources Ola Faucher asked Unclassified Senate for feedback on the Disciplinary Action Policy. Amy Smith from the Policy Office and Rachel Rolf from General Counsel’s Office will speak to their senate concerning background information about the policy. Ostreko will meet, along with the other presidents, with Jason Hornberger for an update on the Shared Service Centers.
University Support Staff Senate – Wallace reported that the proposed One Staff Senate Code has been reviewed by General Counsel’s Office. The proposed Code will be presented to Unclassified Senate and University Support Staff Senate after which it will go to their general electorates. It is hoped that the process will be concluded this spring.
Student Senate – Wagner reported that Student Senate was successful in blocking the BOR proposed amendment of KSA 76-742 regarding student fees. The amendment would have allowed administrations at BOR schools to adjust fees without submitting a referendum to the student body. She also reported that Student Senate is working on a one page resource for faculty on mental health and sexual harassment issues. In addition, Student Senate executive staff is working on a faculty evaluation system through KU Portal to give students more information about professors and classes.
SOCIAL MEDIA POLICY (SMP) PROCEDURES
Mayhew noted that Acting Vice Provost for Faculty Development Marta Caminero-Santangelo accepted the changes that SenEx proposed at its meeting on October 21, 2014. (A “clean” copy of the current draft appears at the end of the minutes.) Specifically, a notification section has been added, the descriptive captions have been removed, and full appeal rights have been maintained. Mayhew next outlined the process going forward. Mayhew will distribute the SMP Procedures at the University Senate meeting on Thursday, and give an overview of the document and the process by which it was produced. He proposed that discussion of the SMP Procedures take place at the February 12 meeting and that a vote be taken at the March 5 meeting. The document will be posted on the Governance website; the link will be distributed to the entire University community. Members suggested that there should be opportunities for members of the University community to comment on the website as well as by contacting a senator.
Martin/Walker moved that the Social Media Policy Procedures be referred to University Senate. Passed.
Members’ commented on committee minutes. It was noted that Sara Rosen spoke to the International Affairs Committee about the Shorelight program. Members noted that the Libraries budget situation, as noted in the Summary of Open Meeting with KU Libraries Faculty and Staff, is serious. According to the report:
The KU Libraries have received no budget increases since 2010. Because costs are increasing, this amount to a significant budget decrease, resulting in cutting journal subscriptions, reducing staff, and reducing reference desk service hours. Several commented that they are concerned there will be budget cuts following the election. Any additional cuts will require significant reduction in the services provided to KU students and faculty.
Mayhew and Carothers will discuss this issue with the Provost at their December meeting.
No further business. The meeting was adjourned.
DRAFT: Social Media Policy Procedures, Lawrence Campus 9/29/14
In the instance that the Provost decides that a faculty or staff member may have engaged in an improper use of social media under the KBOR Social Media Policy, the Provost shall notify the employee that an Initial Review Panel will be convened.
Initial Review Panel
An initial review panel shall determine whether there are reasonable grounds to believe that the faculty or staff member violated the social media policy. To reach its determination, the Initial Review Panel shall, at its discretion, receive and gather evidence and testimony. The faculty or staff member in question has the option to present a written statement to the IRP. No charge shall proceed to the SRB unless upon a determination by the Initial Review Panel that there are reasonable grounds to believe that the member of the faculty or staff improperly used social media as defined by the Social Media Policy.
The IRP shall be composed of the Dean of the academic unit in which the faculty member serves in the case of an allegation against a faculty member, or the supervisor of the staff member in the case of an allegation against a member of the staff; a designee of the Provost; and a designee of the University Senate President. The designee of the University Senate President may be a member of the employee class of the employee who is facing the charge. All nominations to the IRP must be approved by the Provost.
Substantive Review Board
In the event that the IRP has determined that there are reasonable grounds to proceed with a charge, the Substantive Review Board shall consider evidence and testimony to determine whether to make a recommendation for disciplinary action. The burden of establishing that there has been a violation of the Social Media Policy shall be on the University. If there are disputed issues of material fact, the accused employee shall have the right to present relevant evidence, including the testimony of witnesses, and to cross-examine adverse witnesses. If the SRB determines that there are no disputed issues of material fact, it may make its recommendation on the basis of written submissions and without an evidentiary hearing.
The SRB shall be composed of five members to be chosen on a case-by-case basis through the following procedure:
- In a case of a charge against a member of the faculty (including non-tenure-track faculty) , the members of the Committee shall be two tenured faculty members chosen by the Provost or designee, two tenured faculty members chosen by the Faculty Senate Executive Committee, and one tenured faculty member chosen by these four members. The Committee shall choose one of its members as the chair.
- In a case of a charge against any other University employee, including student employees, the members of the Committee shall be two University employees chosen by the Provost or designee, two University employees chosen by the University Senate Executive Committee, and one employee chosen by these four members. The Committee shall choose one of its members as the chair.
All nominees to the SRB must be approved by the Provost. No nominee shall be approved if a conflict of interest exists that shall compromise the impartiality of the review.
Substantive Review Board Outcome
The SRB shall weigh the evidence for and against the charge of an improper use of social media under the KBOR Social Media Policy and shall report its recommendation to the Provost.
The IRP shall conduct its initial review within 5-7 days of being charged with a review; the SRB shall have 14-21 days to review information/hold a hearing and 5-7 days to write a report and make a recommendation. Any Board member not available to participate in a hearing within the required timeframe will be replaced. The SRB shall have the authority to adjust time frames for good reason as it deems necessary (for example, for a brief delay to allow an employee sufficient time to retain legal counsel), with appropriate notification to the involved parties.
In the event the Initial Review Panel or Substantive Review Board need or desire legal advice, such advice should be sought from the Office of the General Counsel.
Disciplinary action taken subsequent to the recommendation of SRB is subject to appeal in accordance with existing procedures as described in USRR 6.4.