Meeting Minutes: September 8, 2005

Attendance

Present: Ken Benson, Bruce Bullock, Rex Campbell, Leah Cohn, Michael Devaney, Pat Fry, Clark Gantzer, Catherine Holland, Philip Johnson, Michael Kramer, William Lamberson, Kenneth MacLeod, Tom Phillips, Eileen Porter, Anand Prahlad, Mark Prelas, Frank Schmidt, Laura Schopp, Jim Sterling, Michael Taksar, Wilson Watt, Roger Worthington, Lisa Zanetti, Flore Zephir, Michael Muchow (Librarians) and Dean Yarwood (Retirees). Absent: Edward Adelstein, Elizabeth Baker, Charles Borduin, Alan Luger, Steven Neal, Jenice Prather-Kinsey, Adrienne Hoard (Black Faculty and Staff), and Andrew Simpson (AAUP).

Approval of Minutes

The meeting was called to order by Chair Lamberson at 3:33 p.m., in room S203 Memorial Union. Lamberson reminded council members of the annual workshop scheduled for September 15 in the Alumni Center. Members were asked to let Rebekah K. Hart, secretary to Council, know if they will be attending and if they had any special dietary requirements. The minutes of the August 25, 2005 Faculty Council Meeting were approved as submitted.

Report of Officers

Lamberson stated that his report involved matters elsewhere on the agenda and he would reserve his comments until each was addressed. Prelas asked that council members inform him of any comments or suggestions they might have concerning the website. There were no further reports from officers.

Action Items

Academic Integrity - Lamberson.
Schmidt assumed chair for this discussion. Lamberson noted that the request for clarification of certain points relating to the academic integrity policy approved and implemented during the 2004-2005 academic year (new policy) had been considered by the Academic Affairs Standing Committee and their recommendation for approval had been discussed at the preceding meeting of the Council.

Professor Jim Devine, faculty fellow for academic integrity, was present for this discussion. He stated that he had received many communications since the previous meeting, therefore he felt the need to clarify this request to the Council. Devine's requested changes are for clarification of the policy and do not expand powers or liabilities beyond those approved with this policy. Amongst the provisions in the new policy were terms authorizing the withholding of a transcript or diploma as a part of any discipline. Devine has met with the University Counsel's Office, who advised that the "Collected Rules and Regulations" contain nothing that would permit or authorize the withholding of a degree or transcript to students who have been found to have committed a violation and have completed requirements for graduation. If students have otherwise completed degree requirements and do not need the course or credit, counsel stated that the university lacks authority to withhold degrees or transcripts. The policy adopted last year expressly provided means of discipline in such cases.

Devine advised that in several cases, resolved under this policy during the past academic year, transcripts or degrees were withheld. The remedy was used in cases involving students previously disciplined for such things as plagiarism and in cases where the grievance arose out of capstone courses. This was accomplished by working out agreements with the students as authorized by the policy. Devine requested that the provision in the "Collected Rules and Regulations" be revised to provide for withholding a degree or transcripts of students coming before the committee after completing their degree requirements. Devine also requested clarification of the meaning of suspension as a disciplinary sanction. Devine understands the word 'suspended' to mean no credit can be given here for work done elsewhere . Such a policy has been in effect at Mizzou for the past 20 years, however it is not authorized by the prevailing "Academic Rules".

Devine distributed a report of activity of the past year and noted about 200 cases were handled. He stated that it is his experience that students today expect to go to college and come to get a job, not necessarily an education; further, there is much difference in prospects between those who have college education and those who do not; finally, students incur substantial student loan debt. As a result, Devine feels the temptation for students to cheat and strive to be at the top of the class is much greater than it was in earlier generations. These students seek good jobs in order to pay off their student loans.

Lamberson advised that the requested changes have been approved by the Academic Affairs Committee. Following a brief question and answer session, the motion of the Academic Affairs Committee to accept the proposed changes in the language of the "Collected Rules and Regulations" passed.

"Suggested Revision to Collected Rules Defining 'Suspension'

200.020(C) Sanctions:

1. The following sanctions may be imposed upon any student found to have violated the student Conduct Code; more than one of the sanctions may be imposed for any single violation:

  1. University Dismissal. An involuntary separation of the student from the institution for misconduct apart from academic requirements. It does not imply or state a minimum separation time.
  2. University Suspension. Separation of the student from the University for a definite period of time, after which the student is eligible to return.
  3. University Expulsion. Permanent separation of the student from the University.
  4. If so specified, University Dismissal, University Suspension, and/or University Expulsion may also include:
    1. A bar on transfer to the University of credits earned during the period of suspension.
    2. The temporary withholding of a degree to which the student may be academically eligible.
    3. Conditions for readmission."

Privacy Policy - Fry. The report of the Ad Hoc Privacy Task Force was presented to Council for approval. The task force recommended that the existing Acceptable Use Policy found in the "Collected Rules and Regulations" be retained, but clarified by the addition of provisions for campus development of procedures for obtaining authority to access information and by the addition of provisions providing that the President, individually or by delegation have the authority to resolve claims of unauthorized access. Further, the task force recommended an educational effort to advise end users of their responsibilities and privileges when using university facilities and equipment. The task force motion to accept its recommendations was passed by a vote of Council.

"The Task Force recommended that the existing Acceptable Use Policy found in the "Collected Rules and Regulations" be retained, but clarified by the addition of provisions for campus development of procedures for obtaining authority to access information and by the addition of provisions providing that the President, individually or by delegation, have the authority to resolve claims of unauthorized access. Further, the Task Force recommended an educational effort to advise end users of their responsibilities and privileges when using University facilities and equipment.

RECOMMENDATIONS: The Ad Hoc Task Force on Privacy Policies Relating to Electronic Communications recommends to the Faculty Council that:

  1. The existing Acceptable Use Policy contained in the Collected Rules and Regulations, �110.005, adopted by the Board of Curators in 2000, is an appropriate and suitable statement of the policy of the University relating to the use of facilities and equipment and makes appropriate and suitable provision for electronic communications, subject to recommendation 2.
  2. In Section A of the Acceptable Use Policy, a new subparagraph 4 should be added, providing that each campus may develop its own procedures for obtaining authority to take action under this Section.
  3. In Section A of the Acceptable Use Policy, a new subparagraph 5 should be added, providing that in the event of a claim of unauthorized access, the claim shall be handled in a manner determined by the President, individually or by delegation.
  4. An effort should be undertaken to educate end users of their responsibilities and privileges while using University facilities and equipment for electronic communications."

Discussion Items

Guest(s): Dr. Suzanne Burgoyne, Professor, Theater and Catherine P. Middlebush endowed chair of Fine & Performing Arts; Kevin Babbitt, doctoral student, Theater; Cortney Jo Washington, senior student, Theater; Ross Taylor, senior student, Theater; Matt Galbreath, former MU student, Theater; and Elise Link, Theater graduate, interactive theater in faculty development. [This item followed committee reports at approximately 4:30 p.m.] Dr. Suzanne Burgoyne, Professor, advised that, working with the University of Michigan, a grant had been received to develop programs to enhance multi-cultural teaching. She introduced her cast which would perform a brief script demonstrating their work. Following this sketch of a classroom setting, the actors would stay in character for a question and answer period. The sketch portrayed a session of Statistics 101 and raised a number of issues relating to multi-cultural points and emanating from the teacher, from each student, and from their interactions. A lively question and answer period followed. The cast included Kevin Babbitt, doctoral student, Cortney Jo Washington, senior, Ross Taylor, senior, Matt Galbreath, graduate, and Elise Link, graduate. Dr.Burgoyne noted that these scripts had been performed in a number of settings and invited inquiries about performances within departments and elsewhere. She also noted that they are working on a script on heterosexuality using information from the campus climate studies.

Rules of Order - Campbell. Proposed changes to Council's "Rules of Order" were briefly discussed. Campbell noted that some of the changes were in response to actions taken by Council during the 2004-2005 academic year. Other changes that appear in this proposal were drafted by Gordon Christensen in the same timeframe. In response to a question from Bullock, Campbell advised that the changes related to the adjustment in committee structure, the new election rules and a few changes to call for reports by all officers, rather than only named ones.

Executive Order 6A - Lamberson. Lamberson told Council that Executive Order 6A, issued by the President, changes the promotion and tenure policy in three ways.

1. Provides that all regular or non-regular faculty members may comment on a candidate rather than specifying only faculty of the same or higher rank as the candidate.

2. Establishes a procedure for departmental review of recommendations in cases of joint appointments.

3. Provides that if, in the discretion of the dean, there are insufficient tenured faculty within a department to participate in making a recommendation, a special committee will be formed by adding tenured faculty from a closely related department.

Further, the order had not come before the Intercampus Faculty Council (IFC) for discussion or review before promulgation. He was informed by the vice president that the order as originally written had referred to "all faculty" but general counsel stated that was ambiguous. The reference to "all regular and non-regular faculty" was included in response.

Schmidt stated that the primary issues concerned the provision for comments by all regular and non-regular faculty. There is concern about the weight given to written comments and concern that all regular and non-regular faculty might be required to be given access to the entire file on the candidate, raising issues of privacy and confidentiality. During the discussion concern was expressed that open access to the contents of a candidate's file could have adverse impact on the candor with which comments are submitted which could lead to departmental discord and to some conflicts of interest. Schmidt noted that candidate files include student evaluations in addition to those by colleagues and outside commentators.

Watt advised that the Diversity Enhancement Committee had discussed the provision dealing with the appointment of a special, inter-departmental committee when a dean determined insufficient tenured faculty had appointments in the candidate's department. They discussed the dangers to diversity candidates particularly in small departments with only a few tenured professors and noted that this particular change could have implications for diversity issues.

Watt also advised that he had read the provision on comments as being limited to the ability to make comments, and not including access to files. The issue of access was generally discussed, with some reading the language of the Executive Order to require access for all and others reading it as limited to the question of who is entitled to comment. The lack of clarity in its language was generally recognized. A number of concerns were raised about potential adverse effects of increased access to candidate files and there was a general sense that expanded access to candidate files was not desirable. The question of comments by staff, other support personnel, and junior faculty and researchers was discussed. Phillips and Taksar noted the diverse cultures from which many post-doctoral fellows come and the impact that might have on commentary. Devaney further mentioned the problems of defining the functions of non-regular faculty. Campbell noted that committees were not required to give weight to all comments; Lamberson noted that all written comments become part of the dossier. Worthington noted that in some departments all full professors might be white and male. If there is tension within a department about granting tenure to minority faculty, the composition of the tenured faculty leaves a department open to allegations of bias if only tenured faculty are permitted to comment. Holland stated that she understands it is university policy that hiring committees must have at least one female and one minority member. If there are not sufficient tenured faculty within a department, some are pulled from other departments. Holland wondered if promotion and tenure committees followed the same rule. There was some discussion of whether or not the selection of outside commentators by the candidate provided a way to address these concerns. Worthington noted that these letters arrive late in the process and experience shows that if there is a negative vote within a department many candidates will withdraw. Fry pointed out that the recommendation does not directly address diversity concerns; Worthington believed it constrained committees to some extent.

Porter raised the issue as to why this matter was not discussed, in Council or by Intercampus Faculty Council, before it was adopted. She noted the many issues relating to regular and non-regular faculty have been discussed at both levels. Porter also expressed concerns about the implications of the order for tenure-track faculty at all levels. Lamberson advised that Steve Graham had said the decision on how to implement the Executive Order was left to the campuses and that the IFC was planning to take the matter up this month.

Hurricane Katrina Announcement. Lamberson advised that the campus was welcoming students from affected institutions and that Cathy Scroggs, Vice Chancellor for Student Affairs, had informed him 13 students had enrolled at MU thus far. They are attending classes without being required to pay fees and will receive room and board for one semester. The bookstore also is working with them on textbooks and other materials. As all faculty were advised, invitations to researchers working on projects involving Mizzou also have been extended. Further, he noted that there are ten to 20 students whose families have been affected. Arrangements are underway to accommodate those students as they seek to reach and assist their families. Fund-raising efforts are taking place across campus and will go forward at the football game. Watt pointed out that National Guard units had been called up and may affect other students. Kenneth Dean, representing the Provost's office, advised that we have admitted 20 students affected by the damage, including both graduate and undergraduate students.

Standing Committee Reports.

Diversity Enhancement. They have met briefly and are developing their agenda.

Student Affairs. This committee has met and is in touch with Cathy Scroggs about safety/security issues, and the hurricane efforts.

Adjournment

The meeting was adjourned at 5:00 p.m.

Respectfully submitted,
Pat Fry, Recorder