Faculty Senate Minutes November 18, 2021


Faculty Senate, November 18, 2021, 3:15 p.m.
Approved: February 24, 2022

Present: Mizuki Azuma, Mahasweta Banerjee, Purnaprajna Bangere, Justin Blumenstiel, John Bricklemyer, Nate Brunsell, Ben Chappell, Chris Crandall, Lea Currie, Fran Devlin, Patricia Gaston, Nils Gore, Andrea Herstowski, Tim Hossler, Allard Jongman, Barbara Kerr, Ani Kokobobo, Remy Lequesne, Corey Maley, Margaret Marco, Amanda Mollet, Bozenna Pasik-Duncan, John Poggio, Hossein Saiedian, Jeremy Shellhorn, Geraldo Sousa, Maya Stiller, Nick Syrett, Charlotte Tritch, Kristin Villa, Xinmai Yang

Visitors:
Kristin Sederstrom, Jennifer Roberts, Josh Bolick, Chris Brown, Heather Mac,

Also Present: Tessa Maclean, Kathy Reed

Lea Currie, Head of Content Development and Faculty Senator, Josh Bolick, Scholarly Communications Librarian, Topic: upcoming renegotiation of "big deal" with Elsevier. 

 

Currie gave a recap of Elsevier. It is coming up for renewal at the end of 2022. So the Libraries will be spending the next year negotiating with Elsevier. See the end of minutes for handout regarding KU Libraries and Big Deal Journal Packages. 

 

Additional links provided by the Library Staff:

 

Database of academic libraries that have been leaving Big Deals: https://sparcopen.org/our-work/big-deal-cancellation-tracking/

 

 

A resolution was presented to Faculty Senate (see the end of minutes)

Sousa made a motion to approve the resolution as presented, Kokobobo seconded.

Approved unanimously

 

Approve minutes from October 21, 2021
Approved unanimously

 

 

Standing Report:

Faculty Senate President Remy Lequesne (See the end of report)

 

 

University Senate President: Hossein Saiedian

The Program Discontinuance Hearings will be held on December 2, 2021. These are open meetings and will also be lived streamed. 
 

 

Discuss and Vote:  Workload for Teaching (See below)

After the last Faculty Senate meeting, Chris Brown complied comments. Based on the comments, the attached draft is being presented. This draft is substantially improved. FRPR unanimously voted in favor of, along with FacEx. After discussion, the following motion was made:

 

 

 

Kokobobo made a motion to approve the Workload for Teaching, as presented, Syrett seconded.

 

There was an additional discussion before the vote.

There were 21 votes in favor of the motion. 
Approved unanimously

 

Discussion: FSRR 7.5 Dismissal of Tenured Faculty (see below)

 

Crandall made a motion to suspend the rules to vote on the amendment at today's meeting.

Seconded by Sousa.

Passed: Passed 22 yes, 4 no.

 

A motion was made Sousa, Poggio Seconded: To approve the amendment to FSRR 7.5.  

Additional discussion took place regarding "in cases of program discontinuance, or in cases of financial exigency."

 

The motion passed with a vote of:

 

17 in favor of moving the amendment forward and 7 denied.

 

 

Meeting adjourned.

 

 

 

 

KU Libraries and Big Deal Journal Packages

"Big Deals" are packages of journals offered to libraries by large publishers based on a library's historical expenditures on journals. While comprehensive in terms of content coverage, these packages are extremely restrictive, and unsustainable due to annual price increases of 4-6% compounded by annual inflation. Since 2009, KU Libraries content budget has been flat.

This phenomenon is called the Crisis in Scholarly Communication.

Most academic libraries are finding it impossible to continue subscribing to these restrictive packages. See https://sparcopen.org/our-work/big-deal-cancellation-tracking/ for a living list.

To find out more about how KU Libraries manages its budget and collections, see: https://lib.ku.edu/collection-management

In 2022, KU Libraries will review our largest Big Deal, with Elsevier, and therefore seek faculty input and support as we negotiate. Comments and concerns regarding library collections may be shared at https://lib.ku.edu/collection-management/contact

In 2021, KU Libraries (Main, Med, and Law) will spend $1,662,444 on the Elsevier package. We are projected to spend $1,694,748 in 2022, an increase of over $32K in a single year.

During the last review of the Elsevier package, we found that 26% (597 journals) of titles had zero usage. As a percentage of our projected 2022 spend, that's over $440K spent on content that sees no usage. This level of expenditure on unused content is detrimental to collection in other areas and from other providers.

Given the high cost, persistent annual increases, and the Libraries' flat collections budget since 2009, we may be forced to unbundle the Elsevier package in 2022.

What will unbundling mean for you?

For some researchers, it will mean the loss of immediate access to future content, entailing:

  • Increased reliance on interlibrary loan and document delivery services
  • Increased reliance on open access (articles and journals)

KU Libraries personnel are committed to working with faculty, staff, and students to support teaching, learning, and research at KU. We already use a number of strategies and services, such as ILL, to fulfill needs for unlicensed content. We will continue to identify alternative methods of supplying the resources to support your needs in a timely manner.

For more about Open Access, see https://sparcopen.org/open-access/. For information about Open Access at KU, visit https://openaccess.ku.edu/.

 

 

A Resolution of The University of Kansas Faculty Senate

 

Whereas the University of Kansas Libraries will be negotiating a new contract with the Elsevier corporation for access to scholarly journal titles,

Whereas the faculty of the University of Kansas have long been leaders in open access and other new approaches to the dissemination of scholarship,

Whereas the Libraries' budget for scholarly content has remained flat for well over a decade, causing a sharp decline in buying power due to inflation,

Whereas KU's subscription to Elsevier's ScienceDirect collection costs $1.2 million in 2021, amounting to 16% of the Libraries' total content budget,

Whereas the current subscription-based model for journal access, and especially the so-called Big Deal, is increasingly unsustainable,

Now, therefore, the Faculty Senate of the University of Kansas expresses its support for the KU Libraries in these negotiations. We acknowledge that due to the high costs involved, KU's subscription package with Elsevier may need to be broken up into subscriptions limited to the most used journals. We know that library colleagues are committed to making these decisions in collaboration with faculty and departments, and that they plan to accommodate the remaining needs of faculty via inter-library loan, article-by-article purchase, or open access availability.

 

 

Unanimously adopted on November 18, 2021, by vote of the Faculty Senate.

 

 

Faculty Senate President's Report to Faculty Senate 2021.11.18

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

  1. Vaccine mandate:

    1. To comply with a federal mandate, the University of Kansas has mandated that all employees be fully vaccinated by 2021.12.08 or receive an approved exemption.
    2. See this page for more info: https://protect.ku.edu/vaccine
  2. Program discontinuance:
    1. AP&P recommendations are finalized and publicly available here: https://governance.ku.edu/academic-policies-and-procedures-recommendations-fall-2021-hearings
    2. University Senate will discuss and vote on each recommendation on 2021.12.02. University Senate recommendations will then be sent to the Provost, who will make the final determination.
  3. Email communications from governance leaders
    1. Governance leaders are not free to email constituents without approval from the within the KU Public Affairs Office. This how the (23-year-old) campus email policy is interpreted (https://policy.ku.edu/provost/electronic-mail-policy).
    2. Kokobobo, Maley, and Velte are working to draft proposed revisions to the policy. FacEx seeks to change the policy so we are permitted to send broadcast emails without prior approval. This is important because representative governance requires open communication. Also, any workarounds that we devise only work if KU leaders accept them. We need clear policy empowerment.
    3. Conversations are ongoing with VC Cook and Provost Bichelmeyer.
  4. KU Libraries beginning negotiations with Elsevier
    1. KU Librarians will present to the Faculty Senate on 2021.11.18 about upcoming negotiations with Elsevier about KU's "Big Deal" contract for journal subscriptions.
    2. These negotiations may result in KU's subscription package being broken up into subscriptions limited to the most used journals.
    3. On 2021.11.09 FacEx voted in favor of a resolution in support of the libraries in these negotiations. The Faculty Senate will be asked to consider the resolution on 2021.11.18.
    4. As background, KU's base collections budget has not increased since 2009 (KU's collections budget has dropped from near the median among members of the Association of Research Libraries in 2009[1] to the bottom quartile in 2018[2]). KU's buying power therefore decreases annually as inflation forces price increases. More background at: https://lib.ku.edu/collection-management
  5. Academic workload:
    1. A revised Academic Workload policy draft will be discussed and voted on at the 2021.11.18 Faculty Senate meeting.
    2. The draft was substantially revised in response to feedback from the Faculty Senate, Deans, Chairs, FRPR, SPPT, and faculty at large.

       

  6. Ad-hoc committee: University Senate procedures for program discontinuance
    1. Ad-hoc committee members are drafting revisions and will then negotiate with Provost Office representatives to arrive at a mutually acceptable draft that can be voted on by SenEx and then the University Senate.
  7. Ad-hoc committee: FRB procedures for hearing a challenge to dismissal of tenured faculty
    1. The Ad-hoc committee has finished revising the policy. On 2021.11.09 FacEx empowered Ad-hoc Chair Mulligan and FS President Lequesne to negotiate revisions with the Provost's Office before bringing it to FacEx and then the Faculty Senate for a vote.
  8. Other policy changes in the pipeline
    1. Hearings on Dismissal of Tenured Faculty: FacEx voted on 2021.10.26 to approve a revised version of the amendment rejected by the Provost. The amendment will be discussed at the Faculty Senate on 2021.11.18.
    2. Medical withdrawal policy: A proposal to revise USRR 2.3.3 was received by governance and discussed by SenEx on 2021.10.19. Syrett, Baxter, and Lequesne then substantially revised the draft and sent it back to VP Klusmeier. SenEx and the University Senate will eventually be asked to vote on the amendment.
    3. Excused absence policy: A proposal to revise USRR 2.1.1 has been reviewed by AP&P and FRPR. FacEx discussed the amendment on 2021.10.26 and will continue the discussion on 2021.11.30.
    4. Proposed new Faculty Right Concerning Curriculum: A proposal to add a 17th right to Article III of the Faculty Code, which is provided below, was approved by the Faculty Senate on 2020.02.20. The Provost's Office rejected the amendment. This was the second attempt by the Faculty Senate to make a similar change, both of which have been rejected by the Provost's Office. FacEx discussed this on 2021.10.26 and 2021.11.09 and does not see a viable path to gaining approval.

 

If you are interested in working on this, please let me know. Perhaps there is a way.

 

17. The faculty sets requirements for degrees offered and determines when requirements have been met, subject to the authority of the Board of Regents. KU abides by the Association of American Universities' "Statement on Academic Principles," which states that "[t]he faculty holds the primary responsibility for matters related to education and research, such as setting the curriculum"; and by the "Statement on Government of Colleges and Universities," jointly formulated and approved by the American Association of University Professors, the American Council on Education, and the Association of Governing Boards of Universities and Colleges, which states that "The faculty has primary responsibility for such fundamental areas as curriculum, subject matter and methods of instruction of student life which relate to the educational process ."

 

 

e. Proposed amendment to constrain the length of interim/acting appointments for administrators: FacEx discussed the Provost response to the proposed amendment on 2021.10.26 and agreed to not work to revive the effort. There is no clear path to gaining approval.

  1. Sexual assault prevention

    1. The AAU announced new principles to prevent sexual harassment: https://www.insidehighered.com/news/2021/10/27/aau-adopts-principles-prevent-sexual-harassment
    2. Kokobobo is working to understand how KU is going to work to align our work with these principles.
  2. Faculty Rights Board
    1. I met with Provost Bichelmeyer and VP Brown on 2021.10.25 to discuss an issue related to resolution of an FRB case that was discussed at the 2021.09.23 Faculty Senate meeting.
    2. I left the meeting with the understanding that the Provost will work with Governance and the FRB chair in future cases to make sure there is a common understanding of the facts involved with a case before overturning an FRB recommendation.
  3. Faculty data
    1. The switch this semester from PRO to an Academic Analytics platform has raised wide-ranging questions about the use of faculty data on this campus. How are data collected? How are they verified? Who has access to the data? Are the data used for faculty evaluation and retention decisions? Who monitors that data are not used out-of-context or misused? These questions are not limited to Academic Analytics; which other platforms (JayhawkGPS? SLATE? Canvas?) collect data on faculty activities and how are they used?
    2. Preliminary discussions are underway with VP Brown to create a Faculty Data Steering Committee to lead these important conversations. There need to be guidelines for use of data as well as transparency and accountability.
  4. Faculty Senate DEI Committee
    1. FacEx, led by Kokobobo and Gaston, is discussing creating a Faculty Senate DEI committee. This will require a rule change approved by FacEx and the Faculty Senate. Expect more information in early 2022. Please contact me if you have ideas about the mission/charges for this committee.
  5. KBOR redefinition of a baccalaureate degree (so-called "credit cap" issue)
    1. No update until the November KBOR meeting.
  6. KBOR expectations for program review
    1. Governance leaders will meet with VP Roberts on 2021.11.23 to discuss updates.
  7. Extra tenure year for faculty incoming in Fall 2020?
    1. No update until the December KBOR meeting.
  8. KBOR General education policy
    1. No update.
  9. DEIB VP Search
    1. No update. We have been told a search will be announced later this semester.
  10. CLAS Dean Search
    1. No update. We have been told a search will be announced soon.

 

 

Tenured and tenure-track faculty teaching workload - DRAFT

Title & Document Type

Title*

Tenured and tenure-track faculty workload for teaching

Document Type*

 X  Policy

 Guideline

 Procedure

 Form

Purpose,  Applies to & Campus

Purpose*

To establish the University-level workload for teaching for tenured and tenure-track faculty (hereafter, "faculty") for the Lawrence and Edwards campuses. This workload reflects the University's status as a research-intensive university holding American Association of Universities (AAU) membership. This workload reflects the diverse and complex ways that faculty across campus, and within individual units, engage students in accomplishing the educational mission of the university.

Applies to*

Tenured and tenure-track faculty

Campus*

 All University

X Lawrence campus & all reporting units

 KU Medical Center campus & all reporting units

 Edwards

 KU Medical Center

 Lawrence

 Salina

 Juniper Gardens

 Wichita

 Parsons

 Topeka

 Yoder

Table of Contents, Policy Statement, Exclusions or Special Circumstances & Consequences

Table of Contents

 

Policy Statement*

Teaching expectations

University course workload for teaching

 

 

 

Exclusions or Special Circumstances

 

Consequences

 

Policy Owner, Contact, Approval, Dates & Review Cycle

Policy Owner*

Office of Provost and Executive Vice Chancellor

Contact*

Vice Provost for Faculty Development

Approved by*

Chancellor

Approval Date* (MM-DD-YYYY)

 

Effective Date* (MM-DD-YYYY)

 

Review Cycle*

 Annual

 Semi-annual

 Biennial

Background & Related Documents

Background

 

Related Statutes, Regulations, and/or Policies

Differential Allocation of Effort (DAE); which describes the standard allocation of effort of a tenured/tenure-track faculty appointment at the University (Lawrence Campus) to be: 40% teaching, 40% scholarship, and 20% service.

 

Faculty Evaluation Policy for Tenure-Track and Tenured Faculty Members; under which each unit's (department/school) annual faculty evaluation plan establishes the criteria for assessing annual job expectations and performance in the areas of teaching, scholarship, and service.

 

Article VI of the Faculty Senate Rules and Regulations; under which unit promotion and tenure guidelines establish the criteria for promotion and tenure for fair evaluation of faculty performance in the areas of teaching, scholarship, and service.

 

Faculty Senate Rules and Regulations (FSRR) | Policy Library (ku.edu); under which Faculty Rights and Responsibilities are enumerated.

 

Related Procedures

 

Related Forms

 

Related Other

 

Definitions, Keywords & Change History

Definitions

The registrar's office classifies each course as either individual instruction or an organized section: https://registrar.ku.edu/definitions-course-components

Keywords*

 

Change History*

 

Category

Categories & Sub-categories

Personnel: Faculty/Academic Staff Categories

Performance

 

 

 

 

 

 

Addition to FSRR Article VII re: Dismissal of Tenured Faculty

Approved by FacEx: 2021.10.26
Sent to all Faculty: 2021.11.11

Sent to Faculty Senate: 2021.11.11

Discussion Faculty Senate: 2021-11-18
Twenty-one Day review: November 29, 2021

 

 

Rationale

 

The decision to dismiss a tenured faculty member is one of the most momentous decisions a university can make. The reasons for taking such an action should be spelled out within the principal academic rules and regulations of the institution. The proposed amendment below would do just that.

 

Moreover, tenure is the cornerstone of academic freedom, and due process is the foundation of tenure. Accordingly, the proposed amendment places the dismissal of tenured faculty within the rules and regulations governing the academic conduct of the University, the Faculty Senate Rules and Regulations (FSRR).

 

Placing information regarding dismissals and appeals of tenured faculty in the FSRR would make the rules governing dismissal of a tenured faculty member consistent with those governing appeals of tenure and promotion decisions and appeals of administrative actions, both of which outline the processes governing those types of appeals in some detail.

 

A Faculty Senate ad-hoc committee is currently reviewing the Procedures of the Faculty Rights Board for Hearing Appeals in Cases Involving Administrative Action of Dismissal of a Tenured Faculty Member. The proposed language below is separate from, but complementary to, that effort. The language below does not exist within the Faculty Rights Board procedures.

 

 

Proposed

 

Faculty Senate Rules and Regulations

Article VII. Faculty Rights and Responsibilities

Section 5. Hearings on Dismissal of Tenured Faculty

 

FSRR 7.5 Hearings on Dismissal of Tenured Faculty

Tenured faculty may be removed only for cause, in cases of program discontinuance, or in cases of financial exigency as defined in the USRR Article VII and VIII. In such cases, the burden is on the University to establish grounds for dismissal. If the faculty member disputes the basis for dismissal, they are entitled to a hearing before the Faculty Rights Board. The procedures for hearings before the Faculty Rights Board have been developed by the Faculty Senate, subject to approval by the Chancellor.

 

 

[1] Kyrillidou, M., and S. Morris, comps. and eds. ARL Statistics 2008–2009. Washington, DC: Association of Research Libraries, 2011.

[2] Morris, S., and G. Roebuck, comps. and eds. ARL Statistics 2017–2018. Washington, DC: Association of Research Libraries, 2019.

 [BC1]Defines R-1 and AAU status, in addition to the fact that only 40% effort is normally devoted to teaching.

 [BC2]Emphasizes that the differences we see across campus and even within units in what faculty do are all consistent with KBOR policy on faculty evaluation:

From the KBOR Policy Manual, section 8 on evaluation of faculty:

The Board of Regents holds the state university chief executive officers accountable for the development and implementation of evaluation systems in accordance with the following guidelines:

a.  Faculty evaluation criteria, procedures and instruments shall be developed through faculty participation in each department, college or division and recorded to express the performance expectations of faculty therein.  Criteria, procedures and instruments shall be:

i.  Sufficiently flexible to meet the objectives of the unit. (This is where we get unit-level specificity of expectations on number of classes, types of classes)

 

 [BC3]

 [BC4]Existing policy (Faculty code) emphasizes that teaching responsibilities go beyond classroom instruction (therefore, I don’t recommend adding additional responsibilities in this document).

 [BC5]Our university course workload is simply the average of all the expectations we have for ourselves at the unit level. I worked with AIRE to calculate this by reviewing the course loads for each unit. Whether the statistic is weighted by the size of the unit or not, the values do not change.

 [BC6]Emphasizes that this course workload changes according to regular review and changes of our unit-level faculty evaluation plans.