Meeting Minutes: October 11, 2001

Attendance

Present: Tobias Baskin, Gordon Christensen, Bruce Cutter, Michael Devaney, Sara Gable, Judith Goodman, Daniel Hooley, Tom Hurley, Robert Jerry, Philip Johnson, William Lamberson, Norman Land, Sudarshan Loyalka, Michael McKean, Anne McKendry, Catherine Parke, Peggy Placier, Eileen Porter, Paul Sharp, Don Sievert, MaryEllen Sievert, William Wiebold, Russ Zguta, Jenice Prather-Kinsey (Black Faculty and Staff), Mark Prelas (AAUP), Charles Cramer (Retirees), and Pat Timberlake (Librarians). Absent: Jeffrey Anglen, Nelson Cowan, Wayne Hess, and Loren Nikolai.

Approval of Minutes

The meeting was called to order by Chair Russ Zguta at 3:30 p.m. in room S203 of the Memorial Union. The minutes of the August 30, 2001 Council meeting were approved as submitted.

Report of Officers

Zguta announced that Dan Longo will replace Wayne Hess as a representative of the School of Medicine on Faculty Council. He also mentioned a communication from Athletic Director Michael Alden thanking Council for allowing his presentation at a previous meeting.

Catherine Parke, Vice Chair, distributed minutes of the fall meeting of the Missouri Association of Faculty Senates (MAFS) and noted the need for institutions of higher education in Missouri to cooperate in pursuing their interests.

Tom Hurley, Recorder, thanked Judith Goodman for her excellent help in helping out with the last two sets of meeting minutes that he was unable to record due to schedule conflicts. Peggy Placier, Web Editor, asked everyone to visit the Council's website and to examine the new general education website. Don Sievert, Observer to the Board, made a brief report of the last board meeting. He told Council that President Pacheco's term has been extended by one year. Further, the board met separately over the financing for the new basketball arena and expressions of patriotism while supporting academic freedom.

Goodman reported on the last meeting of the Intercampus Faculty Council (IFC). There were expressions of pessimism about future state budget support and the possible need to increase tuition. Further discussion included: new awards for faculty entrepreneurship, scholarship and teaching; status of the Strategic Management Process; and, changes in the start date for new faculty. Goodman finished her report with an update on the ad hoc Grievance Committee. The committee is now in its final phase of information gathering and has identified problems with MU's current procedures.

Discussion Items

Guests: Allen Hahn, Professor Emeritus Veterinary Medicine and Former Governor Roger Wilson for MU PAC.

Hahn described the MU Political Action Committee (MU PAC) which is an organization that supports higher education and MU. Hahn then introduced Wilson who discussed the need for MU to have active advocates in the state legislature.

Resolution(s) from Faculty Affairs - Loyalka. Sudarshan Loyalka introduced a resolution concerning the problems with faculty grievances at MU. Philip Johnson noted that Faculty Council may need to retain its own counsel. Gordon Christensen endorsed the resolution and noted that AAUP has found that the university has violated its own Rules and Regulations. Bruce Cutter moved to suspend the rules for the purpose of voting on the resolution. The motion passed unanimously. A motion was introduced to pass the resolution. Further discussion at this point included a time limit suggestion and that the resolution be sent to the Chancellor with General Counsel and IFC copied. The motion to adopt the resolution passed with one abstention. The resolution appears below.

The MU Faculty Council expresses its dismay at the expedient disregard of faculty due process rights and of equal protection rights enshrined in the faculty governance provisions of the Curators' Rules and Regulations. Improper actions have occurred in promotion and tenure, academic grievance, annual review, appointments, non-reappointments, and other matters. Faculty Council regrets that such incidences continue despite multiple intercessions with the Administration. The Faculty Council, furthermore, does not recognize the legitimacy of the intervention of the University Legal Counsel, whose role in such areas, according to Regulation 20.030.E.5, is merely advisory.

  1. Faculty Council upholds the primacy of faculty responsibility in areas of faculty governance specified in Regulations 300.010, 310.020, and others.
  2. Faculty Council disapproves of administrative violations of due process in faculty governance procedures.
  3. Given repeated administrative misconduct and unfairness in the academic grievance procedures contrary to the spirit and procedural requirements of Regulation 370.010, Faculty Council is concerned that faculty rights are put in unacceptable jeopardy by the current process.
  4. Faculty Council has no confidence in the activities of University Legal Counsel that interfere in the issues of shared faculty governance, for which the Curators' Regulations provide only an advisory role for Counsel.
  5. After administrative acknowledgment of policy violations on a reappointment, Faculty Council urges that retroactive ad-hoc reviews of faculty be undertaken only in accordance with published policies and with full agreement and participation of the affected faculty.
  6. Faculty Council urges that the irregularities in the non-reappointment and denial of legitimate tenure access to faculty with grievances during the last three years be reversed with immediate effect, and without prejudice to the faculty involved.
  7. Faculty Council urges the timely implementation of its two resolutions of April 2001 regarding grievances and non-renewals. The Council re emphasizes their importance and resubmits them, without change.

Campus Mediation Committee - Cutter. Cutter noted that the directors of the Campus Mediation Service asked for the establishment of a campus standing committee on campus mediation which would provide independent oversight of the Campus Mediation Service. The possible composition of such a committee was discussed and Council was asked for any comments or suggestions.

Standing Committee Reports

Faculty Affairs: Sudarshan Loyalka, Chair, thanked Vice Provost Lori Franz for information supplied to his committee by her office concerning, in particular, faculty sabbatical leaves.

Student Affairs: Michael Devaney, Chair, reported that his committee met with the director of the Student Success Center and noted that it constitutes, along with the Office of Student Life, valuable resources for students.

Any Other Business Gorden Christensen reported that the faculty of the School of Medicine has developed a Faculty Bill of Rights which can be provided to Faculty Council. He pointed out two elements in particular: 1) the term faculty refers to everyone with a faculty appointment; and, 2) the rights of the faculty are paired with responsibilities.

Adjournment

The meeting was interrupted at 4:35 p.m. and an attempt to reassemble for a closed session was made, however a quorum was not met. The meeting was adjourned at 4:50 p.m.

Respectfully submitted,
Tom Hurley, Recorder