Faculty Senate Minutes March 24, 2022


Faculty Senate, March 24, 2022
Approved: April 21, 2022

 

Present: Remy Lequesne, Geraldo Sousa, Hossein Saiedian, Nate Brunsell, Nils Gore, Ben Chappell, Antha Spreckelmeyer, Nick Syrett, Lea Currie, John Poggio, Amanda Mollet, John Bricklemyer, Randall Fuller, Allard Jongman, Charlotte Tritch, Jeremy Shellhorn, Rana Esfandiary, Patricia Gaston, Sam Brody, Andrea Herstowski, Tarun Sabarwal, Rafael Acosta, Tarun Sabarwal, Mizuki Azuma

 

Also Present:

Tessa Maclean, Kathy Reed, Jeff Chasen, Chris Brown

 

 

Approval of Minutes from February 24, 2022.
 

Standing Report:

University Senate President Hossein Saiedian:

Commented on the email from Julie Murray, regarding scheduling a meeting with the Chancellor, regarding the statement on shared governance.  
 

Standing Report:

Faculty Senate President Rémy Lequesne-Sent via email

Lequesne received a copy of a statement from prof. Zi Wang, President of the Asian and Asian-American Faculty & Staff Council at KU. The council is calling for a fair and unbiased trial. 

Simon Atkinson and Kim Warren met with SenEx regarding the search for the CLAS Dean.  The title has been changed to Executive Dean. 

Lequesne send out a report from Faculty Development, regarding faculty retention efforts.

 

Question: It was concerning to read the KBOR Program Review. 

 

Reply: KU has been through this once with rpk. 

 

Question: Will you be providing an update on the FRB procedures regarding dismissal of tenured faculty. 

 

Reply: Yes, under unfished business.

 

Question: Did FacEx know anything about change the title of the Dean of the CLAS to Executive Dean?  Was there any discussion?

 

Reply: No, we were not aware of the change, until the co-chairs met with SenEx. It was explained that there were two reasons for change:

            The CLAS Dean is a large role that many of the other Deans.

Renaming it will help increase the size of the applicate pool.

 

 

Vote: Amendment to University Senate Code Article II. Faculty Senate: Structure and Functions, Section 1. Membership. (attached)

A motion by Sousa was made to approve the revised amendment.  A seconded was made by Brunsell. 

A discussion took place regarding the job titles.

 

Vote: Passed unanimously.
 

 

Unfinished/Upcoming Business

Resolution to defend academic freedom in teaching- FRPR will be sending a resolution regarding academic freedom.  [writers note this was sent to SenEx and will go to University Senate

 

Resolution in support of KU staff: At the next meeting a resolution regarding support of the KU Staff, will be presented. 

 

Roll of governance in vetting new policies and procedures
This has been an ongoing conversation, Lequesne is trying to schedule a follow meeting with John Curran. 

 

Roll of faculty in guiding use of data analytics in campus decision making: Lequesne is working on meeting with some other faculty and AIRE, to establish a policy regarding how the data is used.

Campus email communications – pending,
FRB procedures – See end of minutes for recap.

 

Question: Regarding the burden of proof.  Is there an AAUP standard? 

 

Reply: Not sure of that.  AAUP has extensive details in terms of guidelines for these decisions. 

 

There was detailed discussion regarding the burden of proof, Title Nine. 

 

Question: Would the Chancellor be able to change the policy, without faculty consent, because it deals with Title Nine?

 

Reply: The Chancellor has ultimate final approval on all polices.   It would be a serious action to change a policy owned by the Faculty Senate without going through the faculty senate.

 

 

New Business

 

Meeting adjourned

 

 

 

 

Approved: FacEx, February 8, 2022
Sent to all Faculty, February 10, 2022
Revised by FacEx: February 22, 2022
Discussed by Faculty Senate, February 24, 2022
Voted on by Faculty Senate, March 24, 2022
 

Rationale:

Article II.1 of the University Senate Code articulates who is eligible for Faculty Senate membership. To be eligible for membership, an individual must have (1) tenure and the employee class of Faculty (including Library Faculty) or (2) the employee class of Faculty or Unclassified Academic Staff and a full-time appointment. Unclassified Academic Staff are also required to have a terminal degree appropriate to their discipline.

When the Professor of the Practice job title series was approved by the Provost in 2009, FacEx noted that individuals with these new titles and full-time appointments were eligible for election to the Faculty Senate although Article II.1 was not updated. Likewise, when the Teaching Professor job title series was approved by the Provost in 2019, FacEx noted that individuals with these new titles and full-time appointments were eligible for election to the Faculty Senate although, again, Article II.1 was not updated.

The aim of this proposal is to update Article II.1 to reflect the practice that Professors of the Practice, Teaching Professors, and any other unclassified academic staff with full time appointments are eligible for Faculty Senate membership. The current list of eligible job titles in Article II.1 causes confusion because it can be interpreted that individuals with titles that are not listed are not eligible. The proposed text states the basic requirements for membership and then lists all eligible job titles. As job titles are added the provision will need further revision.

The only substantive change is removing the requirement that unclassified academic staff must “possess the terminal degree appropriate to their academic discipline.” This change is proposed because any individual with the qualifications to be hired full time to teach or conduct research at KU should be eligible for Faculty Senate membership.

  

Updated draft

University Senate Code

Article II. Faculty Senate: Structure and Functions

Section 1. Membership

The following persons are eligible for election to the Faculty Senate:

1) individuals with an employee classification of faculty, including the library faculty, who possess tenure, and

2) individuals with an employee classification of faculty or unclassified academic staff with full‑time appointments. Eligible job titles include, but are not limited to:  

  • Clinical professor, clinical associate professor, or clinical assistant professor;
  • Instructor or clinical instructor;
  • Lecturer, senior lecturer, or multi-term lecturer;
  • Librarian, associate librarian, or assistant librarian;
  • Professor, associate professor, or assistant professor;
  • Professor of the practice, associate professor of practice, or assistant professor of practice;
  • Research professor, associate research professor, or assistant research professor;
  • Senior curator, associate curator, or assistant curator;
  • Senior scientist, associate scientist, or assistant scientist;
  • Senior specialist, associate specialist, or assistant specialist;
  • Teaching professor, associate teaching professor, or assistant teaching professor.

 

1) those members of the teaching faculty and of the library faculty who possess tenure;

2) those non‑tenured members of the faculty of the rank of assistant professor, associate professor, or professor; non‑tenured members of the faculty with full‑time appointment to the rank of instructor, or lecturer,; professor of the practice, associate professor of practice, assistant professor of practice, teaching professor, associate teaching professor, or assistant teaching professor; members of the library faculty of equivalent rank; unclassified academic staff who possess the terminal degree appropriate to their academic discipline.

The Faculty Senate Executive Committee (“FacEx”) is empowered to decide questions of eligibility for Faculty Senate membership, and to grant the privilege of voting or non‑voting membership to such university personnel as may from time to time hold a position not specifically enumerated in this Section but comparable to a position so enumerated.

 

 

Faculty Senate President’s Report to SenEx and the Faculty Senate Mid-March 2022

The following is a partial list of ongoing issues, with brief status updates on each:

  1. University Senate Resolution to Restore Shared Governance at KU:
    1. The resolution was sent to campus and the Chancellor on March 7. As of March 21, the Governance Office has not received a response from the Chancellor’s Office.
    2. The Governance Office has received considerable positive feedback from staff and faculty who express appreciation for having their concerns voiced and hope that it will prompt change.
  2. Financial Situation
    1. The Chancellor’s weekly update on March 15 featured CFO DeWitt, who described KU’s financial standing and a 5-year plan to address our structural deficits. I found it informative. A lot of work lies ahead.
  3. Policies and Procedures
    1. Policies/Procedures Previously Approved by Faculty/University Senate
      1. Academic workload policy:
        1. Policy has been sent to the Chancellor for approval.
      2. USRR 2.3.3 – Medical or compassionate retroactive withdrawals:
        1. Amendment was sent out for 21-day review.
    2. Faculty Senate Policies/Procedures
      1. FRB Procedures for Dismissal of Tenured faculty:
        1. An update will be provided at the March 24 Faculty Senate meeting.
      2. FSRR 2.5 – KBOR redefinition of a baccalaureate degree (so-called “credit cap”)
        1. On March 11, AP&P approved an amendment of FSRR 2.5 prompted by KBOR’s redefinition of a Baccalaureate degree. The amendment will be reviewed by FacEx and, the Faculty Senate this term.
    3. University Senate Policies/Procedures
      1. USRR 2.1.1 – Excused absence policy:
        1. A revised draft has been sent back to FRPR for review and revision. This amendment will not be considered by the senate this term.
      2. USRR Article VIII – Program discontinuance
        1. No update.
      3. USRR XX – Accommodations for students impacted by sexual assault
        1. A task group, led by Kokobobo, drafted an amendment that empowers students affected by sexual assault and intimate partner violence to request supportive measures from faculty. The amendment will be reviewed by SenEx and, the University Senate this term.
    4. Other/Misc.
      1. The role of governance in policy development
        1. No update. I aim to meet with Chief Audit Executive Curran again soon to discuss next steps.
  4. KBOR
    1. AP Cut-scores review
      1. English department chairs at KU and several other Kansas universities agreed unanimously to increase the minimum cut scores for English AP exams based on standards at peer institutions and learning outcome alignment.

 

  1. Their consensus recommendation constitutes the recommendation of the Council of Faculty Senate Presidents. A final decision will be made by the Council of Chief Academic Officers at an upcoming meeting.
    1. KBOR General education policy
      1. No update.
    2. KBOR Program review
      1. KBOR is hired rpk GROUP to lead a KBOR system review to assess and optimize program offerings, reduce redundancies, and better meet market demands. It is not clear (to me) how this will impact KU.
  2. CLAS Dean Search
    1. Search Committee co-chairs agreed to meet with SenEx on Tuesday, March 22.
  3. Optional summer pay disbursement for faculty
    1. No update since I was told that KU will survey faculty involved in the program sometime this year as part of a review of whether to continue this benefit for a second year.
  4. Email communications from governance leaders
    1. No update. Given his upcoming change in employment, VC Cook declined to attend the March 22 SenEx meeting.
  5. COVID
    1. No update.
  6. Data analytics on campus
    1. No update
  7. DEIB VP Search
    1. No update.

 

 

 

Sent via Email Wednesday, March 16, 2022. 

 

Colleagues,

 

I received the statement below from Prof. ZJ Wang, President of the Asian and Asian-American Faculty & Staff Council at KU. The Council voted unanimously to release the statement on Dr. Franklin Tao’s trial.

 

Respectfully, Rémy

 

 

Asian and Asian-American Faculty & Staff Council Statement on Dr. Franklin (Feng) Tao’s Trial

The AAAFSC at the University of Kansas is committed to advancing the professional growth, social support, and full participation of Asians and Asian-Americans at KU and beyond.  In anticipation of Dr. Franklin Tao’s trial on March 21, 2022, in the United States District Court of Kansas, we issue this statement to call for a fair and unbiased trial, which cannot be assumed because of the government’s past treatment of other scientists from Dr. Wen Ho Lee in the late 1990s to Dr. Gang Chen in 2022.

Asians and Asian-Americans are a diverse group, but we share an experience that has been profoundly shaped by both invisibility in American racial discourse and problematic assumptions of being categorized as a “model minority.”  As a group, we have also been subject to enduring stereotypes as perpetual foreigners and economic or global threats to the United States.  The Department of Justice’s China Initiative prompted heightened suspicion toward scientists of Chinese descent or with associations to China. The AAAFSC will continue to educate and work against prejudice, discrimination, and racial profiling.   We urge our campus allies and administrative leaders to recognize the relevance of these issues and take actions to address xenophobia and discriminations of all forms within our community. 

Respectfully,

Members of AAAFSC

 

 

 

FRB Procedures for Appeals of Tenured Faculty Dismissals

Ad-Hoc Committee Update

Timeline

  • 2020: Lua/FacEx asked General Counsel (GC) to propose revisions
  • Spring 2021: GC sent proposed revisions to Governance
  • June 2021: FacEx creates Ad-hoc committee to review/respond to GC draft
  • June 2021: Provost emails campus announcing an effort to update this procedure

GC Draft

  • Draft is clear than existing procedures
  • Major substantive changes include:
    • Allows "either party", including KU, to waive mediation
    • Shortens time for faulty to act at each step of the process
    • Makes required discourse to AAUP optional (at faculty member's discretion)
    • Reduces burden of proof from "Clear and Convincing" to "Preponderance of the Evidence" for all cases

Ad-Hoc Committee Response

  • Accept GC draft as the starting point, proposed editorial and substantive revisions
  • Response to substantive changes
    • Only the faculty member may waive medication (KU must engage)
    • Revert to existing timeline (no chang from status quo)
    • Agree AAUP discourse optional (discretion of faculty)
    • Accept "Preponderance of the Evidence" standard for Title IX cases, consistent with student and staff policies in conformance with statute. Retain "Clear and Convincing" standard for all other cases

Ad-hoc Committee Response

  • Additional substantive popsals:
    • Articulate that KU may suspend a faculty member with pay until claim is resolved, but only when the faculty member presents a substantial threat of harm to campus
    • Clarify standards for including/excluding evidence and witnesses
    • Articulate that faculty have some right to discovery

Where are we now?

  • Agree:
    • Revert to existing timeline
    • Revert to existing requirement that mediation is mandatory
    • Agree AAUP disclosure is optional (discretion of faculty)
  • Disagree:
    • GC: Insists "Preponderance of the Evidence" standard must apply to all cases. Note GC's rationale has changed throughout the negotiation.
    • GC: whether KU may suspend a member with/without  pay should be in a separate policy
    • GC rejects most language clarifying standards for including/excluding evidence and witnesses
    • GC: faculty have no right to discovery