HUMBOLDT STATE UNIVERSITY
Academic Senate Minutes
October 10, 2000
Chair Cheyne called the meeting to order at 4:04 p.m. on Tuesday, October 10, 2000, in Nelson Hall East, Room 102 (Goodwin Forum).
Members Present: Bockover, Burroughs, Cheyne, Christensen, Dixon, Fulgham, Giovannetti, Goodman, Kelvin, Kenyon, Knox, Larson, Little, MacConnie, Martin, Mayer, McCrone, McFarland, Meiggs, Pecot, Sheppard, Snyder, Stokes, Thobaben, Thompson, Travis, Varkey, Wang, Wilson, Yarnall
Members Absent: Bicknell, Novotney
Proxies: Little for Smith
Guests: Randi Darnall Burke, Student Affairs; Steve Butler, Student Affairs; Ronald Fritzsche, Faculty Personnel Services; Carolyn Mueller, Office of the President; Richard Vrem, Undergraduate Studies
Chair Cheyne introduced Bob Snyder, the new Statewide Academic Senator.
It was moved and seconded (Kelvin/Wang) to approve the submitted minutes of September 26, 2000. Voting occurred and MOTION PASSED.
2. Announcements and Communications
Chair Cheyne announced that there are several information items contained in today's packet:
A letter from the AAUP acknowledging receipt of Chair Cheyne's September 14, 2000 letter and stating that they will contact her soon is included.
A letter to Chair Cheyne from President McCrone, dated September 29, 2000, expressing regret that certain documentation has not been provided to him as requested in his May 19 letter, also is included. In response to Chair Cheyne's request for a forum of administrators, faculty, staff and students to address issues of consultation and collaboration, the President notes that the Academic Senate and the Joint Council represent forums of administrator, faculty, staff and student leaders so that creation of a new body would be redundant.
A draft academic calendar for 2001/2002, which was approved by the Senate Executive Committee at its October 3 meeting, is attached. Concerns have been expressed regarding the calendar, and Vice President Stokes will address these issues during her report.
A letter to Chair Cheyne from Don Christensen, Vice President for Development and Administrative Services, regarding the free speech resolution passed by the Academic Senate at its October 10, 1998 meeting, is included. A copy of the Free Speech resolution also is attached. In his letter, Vice President Christensen requests action on the part of the Academic Senate based on the fact that CFA has dropped its grievance related to this matter.
Chair Cheyne announced that in July 2000, the Board of Trustees approved a number of changes in policy that will affect all CSU campuses:
The GPA that determines CSU admission eligibility will be based only upon the college preparatory courses taken in the last three years of high school, rather than upon the overall GPA.
The graduation requirement was lowered from a minimum of 124 units to 120 units. There will be a process of review to evaluate those majors that require more than the 120 unit minimum.
There were two changes made regarding transfer and admissions processes in teacher preparation programs: 1) the limit on junior college transferable credits in teacher education was raised from three units to six units; and 2) the trustees approved a proposal that would set common CSU admission standards for teacher education programs on all the campuses.
The CSU is seeking nominees for the position of faculty trustee. Humboldt State University is invited to submit nominees for this position, with supportive materials due to the statewide senate office no later than Monday, December 11, 2000. Anyone interested in receiving additional information on the faculty trustee nomination process, please contact Greta in the Academic Senate Office.
The Chancellor's Office has advised us that $73,086 has been allocated to Humboldt State University for support of faculty research, scholarship and creative activity for the 2000-2001 academic year. Chair Cheyne hopes to have additional information at a future senate meeting as to the distribution of these funds.
The Chancellor's Office has announced an international faculty partnership conference to be held in Germany from June 24-29, 2001. The conference theme is The New Europe and the New California: Coexistence, Convergence, and Collision of Cultural Communities. Some financial support will be available to fund participants. Additional information is available from the Academic Senate Office or from Stephen Jenkins, Department of Religious Studies.
Chair Cheyne announced that a request has been received from Vince Buck, on behalf of the CSU Faculty Affairs Committee, for names of four faculty leaders to be included in a survey on shared governance in the CSU. Michael Goodman, Claire Knox, Mark Larson and Peter Kenyon volunteered; their names will be sent to Professor Buck.
Senators were reminded that Parents' Weekend and homecoming are occurring this weekend. In addition, the CSSA is holding its conference at Humboldt this weekend.
3. Committee and State Senate Reports
University Curriculum Committee - The UCC received approval on its recommendation regarding the critical thinking minimum coverage and this information will be distributed to the appropriate departments. The Committee also will be discussing evaluation policies for areas under GE oversight. A presentation of the program review for the requirement will be discussed at the next meeting. The Committee is working on defining its role regarding the study abroad program, is determining its oversight on the Liberal Studies Elementary Education (LSEE) programs [affected departments have been contacted], is continuing work with learning outcomes and assessments for general education, and is discussing the appropriateness of information competency.
Associated Students - In exchange for a free barbecue (Friday, Noon to 2 p.m.), students will be asked to complete a survey. Statewide efforts to register students to vote have been successful. A director is needed for the STAR (Student Technology Assistance Resource) program; anyone who is interested in this position should contact the Associated Students office. President McCrone will be speaking at the CSSA conference regarding campus sustainability.
Educational Policies Committee - The Committee met and reviewed the pending items.
Statewide Senate - Senator Thobaben announced that a draft of David Spence's accountability report has been distributed to committees with the request that feedback be given to Spence.
General Faculty - Election results were announced: Bob Snyder, Statewide Senator; Jack Turner, UFPC; and Scott Burgess, NR&S representative to the UCC. Another brown bag luncheon is scheduled for early November and there will be some social events in late October and tentatively in early December.
Faculty Affairs - The Committee is working on a procedure for processing complaints of misconduct including unlawful discrimination; two resolutions are on today's agenda.
CFA - The President of CFA, the Chair of the Bargaining Team and the General Manager of CFA presented a counterproposal to the Chancellor's Office. In the Chancellor's last proposal, the threat of denying retroactivity to any agreed upon general salary increase was removed. The proposal was accepted; a response is anticipated this week. Most of the recent CFA Assembly meeting centered around the restructuring of the statewide CFA officers and board of directors; other topics of discussion included the upcoming elections, CFA's strong stance in opposition to Proposition 38, and the counterproposal. A flyer listing some of the counterproposal details will be distributed soon.
Senate Finance - At its last meeting the Joint Council of OAA spent most of the time in groups discussing the Summer 2000 term and recommendations for Summer 2001 and future summer terms. Discussion on this item will continue. The budget committee will be discussing how to make allocation decisions that reflect the values expressed in the strategic plan and how to get more qualitative elements into the process of allocating funds. An email was sent by Charles Reed announcing that there is a special $10 million augmentation because of lottery procedures. Details on this money will be made known when they are available.
Office of Academic Affairs - Vice President Stokes distributed a copy of an excerpt from the Faculty Handbook. There is a problem with the calendar for 2001-2002 in that grades are due December 27. The problem will be resolved this year by a memorandum from the Registrar indicating that grades will be due the first day the University is open after the holiday. Next year, the same situation will occur. If grades are due after the holiday, then transcripts cannot be issued until that date and students wishing to enter graduate school will not have their grades. Vice President Stokes has requested that the Registrar review ways that the deadline date may be scheduled before the Christmas holiday. The Registrar has been asked to discuss his observations with the President before the 2001-2002 calendar is finalized and to engage in discussions with the Executive Committee about development of a calendar that addresses the problems connected to timely posting of grades and to the summer term.
Discussion included 1) since campus is closed the week between Christmas and New Years, what is the problem with turning in grades after the closure [if grades are due before the holiday, then transcripts can be issued at that time]; 2) the perpetual calendar has been working well, why is there a problem now [the problem occurs when time is compressed and there is insufficient time between terms to notify students of their grades, particularly for summer term]; 3) the time frame last year was affected by the possible Y2K dilemma; and 4) concern was expressed that the testing period will be changed to include Saturday and Sunday as testing days.
Chair Cheyne stated that we should await the meeting between the Registrar and the Executive Committee because there may be additional information surrounding this issue. Any substantive calendar changes would come to the Academic Senate for discussion and recommendation.
4. Resolution Regarding Revision of Sabbatical Leave Review Process (#01-00/01-EX)
Chair Cheyne announced that the final date as shown on Attachment #2 should read December 27 rather than December 21.
It was moved and seconded (Fulgham/Larson) to place the resolution on the floor.
WHEREAS, President McCrone has delegated the granting authority for sabbatical leaves to the Vice President for Academic Affairs; and
WHEREAS, President McCrone has approved the previous resolution (#07-96/97-FA) of the Academic Senate (see Attachment #1) providing for responses to the recommendations of the Deans and the Vice President for Academic Affairs; now, therefore, be it
RESOLVED: That the Academic Senate of Humboldt State University recommend that the process and procedure for sabbatical leave proposal consideration conform to Article 27 of the Collective Bargaining Agreement; and be it further
RESOLVED: That the Academic Senate of Humboldt State University recommend that the process and procedure for sabbatical leave proposal consideration follow this outline and the specific dates for the 2000-2001 academic year as indicated (see Attachment #2):
Application due to Faculty Personnel Services by the first Monday in October with:
6 copies to Faculty Personnel Services
1 copy to the Department
1 copy to the Dean
Department commentary regarding impact on the department due to the college/library dean by the third Monday in October.
College Dean or Dean of the University Library recommendation due to the Vice President for Academic Affairs by the first Monday in November with justification for approval or denial copied to Applicant by the first Monday in November.
Applicant response due to the Vice President for Academic Affairs within seven working days from the first Monday in November.
Professional Leave Committee recommendations due to the Vice President for Academic Affairs by the first Monday in November with justification for approval or denial copied to Applicant by the first Monday in November.
Applicant response due to the Vice President for Academic Affairs within seven working days from the first Monday in November.
Vice President for Academic Affairs decision due to Applicant with justification for approval or denial by the first Monday in December.
Applicant request for reconsideration with supporting rationale due to the Vice President for Academic Affairs within seven working days from the first Monday in December.
Vice President for Academic Affairs decision regarding reconsideration due to Applicant within ten working days from the date of submission of the appeal.
Background to the resolution was provided by Chair Cheyne. A letter dated September 28, 2000, was received from President McCrone wherein he acknowledges receipt of the resolution. He also states that the decision of the Vice President is final and the Vice President is not recommending as stated in the resolution, nor is the length of time sufficient for the Vice President to reach her decision. Therefore, the resolution is not approved.
The rewrite of the resolution was done by the Executive Committee so it is now an Executive Committee resolution. The three changes made to the resolution include: 1) the word recommendation was changed to decision; 2) the time lines allow additional time for the Vice President to make her decision by moving the date to the first Monday in December; and 3) in lieu of an appeal process to the President, the recommendation is made that an applicant have an opportunity to submit a request for reconsideration to the Vice President for Academic Affairs, including due dates for the request for reconsideration and for the final response from the Vice President to the applicant.
Voting occurred and MOTION PASSED WITH ONE NO VOTE.
It was moved and seconded (Fulgham/Little) to make this an emergency item for immediate transmittal to the President. Voting occurred and MOTION PASSED.
5. TIME CERTAIN 4:45 P.M.
Resolution Regarding Campus Policy on Zero Tolerance for Workplace Violence (#03-00/01-FA)
It was moved and seconded (Fulgham/Giovannetti) to place the resolution on the floor.
WHEREAS, The campus has a policy on Zero Tolerance for Workplace Violence (Executive Memorandum P99-8 attached); and
WHEREAS, The policy includes provision for serious personnel actions including reprimand and disciplinary action (dismissal, demotion, suspension without pay) in the event of a violation; and
WHEREAS, The policy does not define violence; and
WHEREAS, The policy contains confusing language regarding "intimidation, harassment, and/or coercion"; and
WHEREAS, All intimidation, harassment and/or coercion is not violence or even potentially violent; and
WHEREAS, Intimidation, harassment and/or coercion that is not violent or potentially violent is better dealt with by other policies of the university (i.e., the Collective Bargaining Agreement, Appendix U, student disciplinary procedures, etc.); and
WHEREAS, Investigations of complaints made under the policy on Zero Tolerance for Workplace Violence are potentially damaging to the reputations of those accused; and
WHEREAS, The current policy provides no due process for those accused; and
WHEREAS, The current policy can potentially be used to abridge the right to free speech by intimidation; and
WHEREAS, The policy provides for a thorough investigation even in the absence of a prima facie case of workplace violence; and
WHEREAS, The policy contains no sanctions for false and malicious complaints; now, therefore, be it
RESOLVED: That the Academic Senate of Humboldt State University recommend that the campus policy on Zero Tolerance for Workplace Violence be amended to clearly define "violence" as it is used in the Cal/OSHA Guidelines for Workplace Security (8/15/94) as a synonym for "assault" and as it is defined in the California Code, [California Business and Professions Code 7500.1 (t) "Violent act" means any act which results in bodily harm or injury to any party involved; and California Penal Code 242. Battery defined. A battery is any willful and unlawful use of force or violence upon the person of another; and California Penal Code 240. Assault defined. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.]; and be it further
RESOLVED: That the Academic Senate of Humboldt State University recommend that the campus policy on Zero Tolerance for Workplace Violence be amended to provide a preliminary investigation by a committee with broad representation (to be recommended by the Academic Senate) to make a determination regarding a prima facie case, and lacking a prima facie case, no further investigation will occur; and be it further
RESOLVED: That the Academic Senate of Humboldt State University recommend that the campus policy on Zero Tolerance for Workplace Violence be amended to include language cautioning members of the campus community from making false and malicious complaints of violations; and be it further
RESOLVED: That the Academic Senate of Humboldt State University recommend that the campus policy on Zero Tolerance for Workplace Violence be amended to provide for sanctions for those filing false and malicious complaints; and be it further
RESOLVED: That the Academic Senate of Humboldt State University recommend that the campus policy on Zero Tolerance for Workplace Violence be amended to recognize the right to due process provided by the Collective Bargaining Agreement with respect to reprimands and disciplinary action (Article 18 and Article 19); and be it further
RESOLVED: That the Academic Senate of Humboldt State University establish a committee to review and revise the policies and procedures on campus workplace violence as directed by this resolution, and as otherwise necessary, that shall report to the Academic Senate such that the Academic Senate may submit a revision to the President within the current academic year; and be it further
RESOLVED: That the Academic Senate of Humboldt State University invite participation in this committee of faculty, staff, administrators, and students.
Background on the resolution was provided by Senator Bockover who stated that it is important that violence and assault be seen and defined as equivalent. The intent of the resolution is to clarify the definition of violence and prevent abuse of the policy from occurring. Assault also includes the threat of physical violence.
Discussion included 1) the resolution also provides for the establishment of a committee that will determine if there is a prima facie case of violence before it moves to the next step; 2) this resolution will help reduce the potential for litigation; 3) injury does not include mental injury [the will and ability to inflict bodily harm or injury is required, but this does not necessarily mean the actual inflicting of bodily harm]; 4) concern was expressed regarding the establishment of a committee to review and revise policies and procedures and the inherent time required to reach a conclusion, especially since the final result is sometimes less clear than the initial document; 5) the Executive Memorandum is more effective in conveying a message on safety than the procedures outlined in the resolution [the intent of the committee was to be protective in a general sense and to protect individuals from being accused unjustly; there was no intended message that the committee is lax on violence or that violence is acceptable]; and 6) while brevity and clarity are good, there are at least two cases in which the administration has misused the policy in an attempt to intimidate faculty, which is one reason that this issue has arisen.
Voting on the resolution occurred and MOTION PASSED WITH ONE NO VOTE.
6. Resolution Regarding Intellectual Property Ownership (#04-00/01-FA)
It was moved and seconded (Kelvin/Thobaben) to place the resolution on the floor.
WHEREAS, Humboldt State University has a policy document regarding intellectual property (Executive Memorandum P96-1); and
WHEREAS, Humboldt State University Foundation has a policy document regarding intellectual property (Humboldt State University Foundation Manual pages 91-104); and
WHEREAS, The Collective Bargaining Agreement between Unit 3 employees and the CSU provides for the protection of faculty intellectual property rights to materials created "without extraordinary University support" (Article 39.3); and
WHEREAS, The Collective Bargaining Agreement (CBA) supersedes the previously named policies; and
WHEREAS, The meaning of the phrase "without extraordinary University support" requires interpretation and is the topic of dispute between administrators and faculty at Humboldt; and
WHEREAS, On several other CSU campuses, the local CFA Chapter and campus administration have collectively bargained intellectual property agreements; now, therefore, be it
RESOLVED: That the Academic Senate of Humboldt State University request that the Humboldt Chapter of the California Faculty Association bargain on the issue of intellectual property rights; and be it further
RESOLVED: That the Academic Senate of Humboldt State University strongly urge President McCrone to enter into bargaining with the CFA to produce an intellectual property agreement; and be it further
RESOLVED: That the Academic Senate of Humboldt State University recommend that the Humboldt Chapter of the California Faculty Association represent its will which is:
that faculty own exclusive rights to intellectual property they produce in the normal course of regular faculty activities,
that "without extraordinary University support" be defined unambiguously,
that intellectual property ownership be negotiated with individual faculty under the provisions of CBA Article 39.10 at the earliest opportunity should the University express an interest in ownership rights to any intellectual property being produced by faculty, and
that in cases of disputed intellectual property ownership, rights belong to the faculty who produced the intellectual property until such time as a mutual agreement is negotiated between the faculty member and the University;
and be it further
RESOLVED: That the Academic Senate of Humboldt State University recommend that the product of the collective bargaining process on intellectual property shall govern intellectual property produced under the auspices of the University and of the Foundation; and be it further
RESOLVED: That the Academic Senate of Humboldt State University recommend that the Humboldt Chapter of the California Faculty Association report at each Academic Senate meeting the progress of the bargaining.
Background on the resolution was provided by Senator Bockover who stated that one problematic phrase found in the current policy is without extraordinary University support and this language needs interpretation. The possibility of a struggle over what property belongs to a faculty member and what property belongs to the University does exist.
Discussion included: 1) part of the dilemma was the Academic Senate of Humboldt State University passed a policy on intellectual policy several years ago which the President accepted, and in subsequent negotiations with the Union, intellectual property rights were made a part of bargaining; 2) if this resolution passes, the Labor Management Council would be an appropriate place to discuss this issue; 3) research has revealed that there appears to be no such policy for students and perhaps this could be included in the resolution [it might be less confusing if the students were to develop a resolution of their own and bring it to the Senate for endorsement] [support for an all-inclusive policy was voiced since students could be affected by this issue] [if student rights are included, the proposed resolution would have to be voted down and a new one drafted because the proposed resolution indicates that the CBA supersedes the previously named policies] [perhaps the students could propose a policy and then the two proposals could be joined]; 4) the work done by the subcommittee could be passed on to CFA or to whatever body is reviewing this issue; 5) a general policy is needed between the Union and the University about general aspects of faculty ownership of intellectual property, but the specifics will have be negotiated in any given case [the last bullet in the first Resolve clause addresses this issue]; 6) definitions and procedures need to be developed so that individual agreements are worked out in advance; 7) other policies and documents pertaining to intellectual property should be reviewed since many of them carry procedural language that includes all members of the campus community since it is not just faculty who are involved in the major use of university media and technology; 8) since contractual language has changed and now includes intellectual property, resolutions such as this one need to include the CFA's involvement; and 9) the current policies at Humboldt State University (the Executive Memorandum and the Foundation Manual) don't address some of the issues that need to be addressed and they need to be combined so that there is one policy in place.
Voting occurred and MOTION PASSED WITH FOUR ABSTENTIONS.
7. Resolution Regarding the Membership of the Academic Senate (#05-00/01-EX)
It was moved and seconded (MacConnie/Little) to place the resolution on the floor.
WHEREAS, Appendix E, Article VI, Section 71 of the Faculty Handbook defines the composition of the Academic Senate; and
WHEREAS, The immediate past General Faculty President is identified as an ex-officio voting member of the Academic Senate; and
WHEREAS, At one time this position carried with it three units of assigned time, which has now been reallocated for other purposes; therefore, be it
RESOLVED: That the Academic Senate of Humboldt State University recommend that Appendix E, Article VI, Section 71 of the Faculty Handbook be amended to remove the immediate past General Faculty President as an ex-officio voting member of the Academic Senate.
Chair Cheyne provided background to the resolution stating that this year no past general faculty president was available (the last five general faculty presidents were consulted) and since the position no longer carries three WTUS of assigned time, and since the only committee that the past general faculty president serves on is the Educational Equity Committee, it seemed appropriate to remove the immediate past general faculty president as an ex-officio voting member of the Academic Senate.
Discussion included 1) the immediate past chair of the Academic Senate is still a member of the senate and the Senate Executive Committee; 2) having the knowledge and experience of the past general faculty president available could be beneficial and perhaps the position does not need to be removed from the senate membership; and 3) it was suggested that the resolution could be amended to say that the past general faculty president should serve on the senate for one year past his/her term.
Voting occurred and MOTION PASSED WITH TWO ABSTENTIONS.
It was moved and seconded (Fulgham/Thobaben) to adjourn the meeting.
Meeting adjourned 5:20 p.m.