JOURNAL OF THE FACULTY SENATE The University of Oklahoma (Norman campus) Regular session - February 12, 1996 - 3:30 p.m. Jacobson Faculty Hall 102 The Faculty Senate was called to order by Professor Pat L. Weaver-Meyers, Chair. PRESENT: Badiru, Baker, Benson, Bremer, Burnett, Carnevale, DeBrunner, Dillard, Dillon, Durica, Elisens, Fiedler, Fung, Gana, Genova, Gilje, Greene, Gupta, Gutierrez, Harris, Havener, Hillyer, Hutchison, Konopak, Laird, F. Lee, R. Miller, Mouser, Murphy, Nelson, Ogilvie, Patterson, Ragep, Shaughnessy, Sipes, Stock, Tepker, Thulasiraman, Van Gundy, Wallach, Weaver-Meyers, Weinel, Wenk Provost's office representative: Bell PSA representatives: Iselin, Spencer UOSA representatives: Barron, Frederick ABSENT: Egle, Hertzke, Holmes, Horrell, Lucey, Palmer, Scaperlanda, Stoltenberg, Williams ______________________________________________________ ____________________ TABLE OF CONTENTS Announcement: General Faculty meeting 2 Program Duplication 2 Senate Chair's Report: Provost search committee 3 Athletic funding 3 Information Technology Council 4 Faculty salaries 4 Benefits 5 Paid leave and short-term disability policy 5 Addition to Faculty Handbook concerning student conduct 6 ______________________________________________________ ____________________ APPROVAL OF JOURNAL The Senate Journal for the regular session of January 22, 1996, was approved. ANNOUNCEMENT The Spring General Faculty meeting will be held in conjunction with the Faculty Senate meeting on Monday, March 18. President Boren will make remarks about the funding picture. This combined meeting will be held in Adams Hall 255. REPORT BY PROFESSOR FRANCIS SCHMITZ, CHAIR OF PROGRAM DUPLICATION AD HOC COMMITTEE Prof. Schmitz, Chemistry and Biochemistry, thanked the other members of the committee for their work in preparing the report (Appendix I). The committee was prompted by concern that the Council on Graduate Education and Research (COGER), a council on which he served, was serious about eliminating duplicate programs. COGER is a council set up by the State Regents for Higher Education, whose purpose is to strengthen graduate programs and eliminate duplication. It is composed of 17 members and 3 alternates. The early work of the council eliminated programs that were not in use, but the council realized no dollars were being saved. The citizen members of the council have made it clear they are intent on program elimination that would save money. At the fall meeting of COGER, Engineering was on the block for elimination at OU or OSU. The two schools were effective in persuading the council that these two programs complemented each other, were cooperative, and should remain in place. However, the council is continuing to review other programs and will probably look at Business next. The Faculty Senate ad hoc committee looked at a number of documents from within the state and from Ohio State University (available in the Faculty Senate office). In its report, the committee stressed the link between education and economic development. In view of financial constraints, it is important to review programs; however, not all duplication is unnecessary. The committee proposed some guidelines that should be useful in determining which, if any, programs should be eliminated. The first question is whether programs are duplicate in name only. In cases of unnecessary duplication, then questions should be asked about scholarship, productivity, and demand. A cost analysis asks whether the elimination of a program will really save any money. Prof. Fiedler said it does not necessarily make sense to look only at OU and OSU. He asked whether any thought had been given to program duplication in general. Prof. Schmitz said in some areas, a regional program might be reasonable. Prof. Fung asked how serious Higher Education Chancellor Brisch and the OU and OSU presidents were about eliminating programs. A few years ago, a committee recommended the elimination of weak programs, but that was met with resistance. He said the University of Rochester is eliminating four graduate programs, including Mathematics and Engineering. Prof. Schmitz said the seven citizens on the council are very interested in cutting costs and giving that money to other programs. They say all businesses are having to downsize. The two university presidents are making a good faith effort to determine if there really is duplication. Prof. Sipes said if the citizen members are serious about saving money and Engineering was spared, it seems there will be more pressure to cut other programs. Prof. Schmitz said each program will have to determine if certain areas are duplicative. Prof. Durica asked whether the council was aware of the downsizing that has occurred. Prof. Schmitz said the council was told. Prof. Dillon asked whether the council was looking just at doctoral programs. Prof. Schmitz said they are looking at any graduate level program. Prof. Dillon suggested that graduate programs at other schools in the state be examined. Prof. Schmitz said he understood that Chancellor Brisch was resisting that. Prof. Wenk asked whether the council was targeting large programs to save money. She asked why small programs that do not cost much would be cut. Prof. Schmitz said the council seems to be picking programs with the same names. He commented that not all duplication is unnecessary. Prof. Gilje asked whether the ad hoc committee saw duplication between OU and OSU as a problem. Prof. Schmitz said he was sympathetic to the fact that the programs at the two Engineering schools have different specialties. Prof. Hillyer asked whether there was any discussion about the impact on tenure and promotion. Prof. Schmitz said a lot of question have been asked about what would happen to the faculty. If a decision is made to try to eliminate a program, then the cost effectiveness should be examined. For example, if Engineering is offered only at OSU and OSU has to build new facilities and add faculty, then it might not save any money. Prof. Schmitz said the ad hoc committee simply tried to suggest issues that should be addressed, rather than evaluate any programs. Prof. Weaver- Meyers said the committee was asked to set up some guidelines for an area under examination to consider. Because of the concern about the significant activity on program duplication, she decided to be proactive. SENATE CHAIR'S REPORT, by Prof. Pat Weaver-Meyers The president selected the following faculty from the ten names proposed by the Faculty Senate for the Provost search committee: Trent Gabert (Health and Sport Sciences), Katheleen Guzman (Law), Wilbur Stolt (University Libraries), Cal Stoltenberg (Educational Psychology), and Bret Wallach (Geography). The president will probably select some additional faculty and is still committed to having a faculty majority on the search committee. He will try to get regents' approval before their regular March meeting in order to get the advertisement and job description prepared. Prof. Mouser asked about the additional faculty the president might select. Prof. Weaver-Meyers said to assure there is a faculty majority, the president may add some faculty. She said she did not have any information yet about the Arts and Sciences dean search committee. That committee will be formed after the provost search is put together. A handout was distributed at the meeting showing expenditures in the academic area and in the athletic department for Big Twelve institutions (available from the Senate office). A report prepared by the state regents shows athletic expenditures for 1993-94 at various institutions in the state. Expenditures by state schools other than OU and OSU are funded mostly by state funds, because they do not have the opportunity to earn income through ticket sales, etc. Any comments should be sent to Prof. Ted Roberts, Law, who is chair of the gender equity subcommittee of the Athletics Council. The Information Technology Council had its first meeting last week and discussed its standing committees and issues to address. Prof. Bruce Mason, Physics and Astronomy, is the chair. Prof. Andy Magid (Mathematics), chair of the Faculty Compensation Committee (FCC), explained his computation of what percentage salary increase we would need to get salaries back to zero. In order for salaries to have the same purchasing power in July 1996 as they did July 1993, faculty and staff would need a 5.99% salary increase, which would cost about $6 million. Higher education would need to receive $34 million in new money in order for OU to get $6 million (17.5% of $34 million). Other needs are being put forward for the new money. Prof. Weaver- Meyers said the president asked for input about the criteria for salary increases. The FCC is meeting next week to put together some recommendations. Issues include merit versus cost-of-living, staff versus faculty, and proportional raises. Comments should be sent to Prof. Magid. Prof. Gilje asked whether this computation had been presented to the president. Prof. Magid said it had. Prof. Gilje asked whether the FCC would recommend a cost-of-living raise as the number one priority. Prof. Magid said the FCC had not met yet. He reminded the group about the resolutions concerning salary increases that the Faculty Senate approved in May 1995 and May 1994. This computation simply answers the question, "What does it take to get to zero?" It is not inconsistent with the earlier resolutions. Prof. Carnevale asked whether compression would be addressed. He mentioned the FCC study showing that 71% of new hires create inversions (12/95 Journal, page 3). Prof. Magid said that will be one of the issues. Another issue the president asked the Senate to address is whether faculty and staff should receive proportionately the same share of salary. Prof. Hutchison commented that faculty seem to be interested in across-the-board raises, because everyone has fallen behind in salary. He suggested that a certain percentage could be designated as across-the-board and any excess could go to merit if individuals ranked at a certain level on performance evaluations. Staff should get the same percentage raise as faculty because they did not get as much in salary as faculty did one year. Prof. Greene suggested that across- the-board raises be on a sliding scale. Prof. Hutchison pointed out that that had been done in the past, and it compounded the compression problem. Prof. Gilje said merit deserves to be rewarded. "If everyone is treated equally, what incentive is there for excellence?" Prof. Havener said he had always favored merit, but he now believed that when you reach a certain level, you have to keep people from sinking. Individuals who were hired in recently received higher salaries and should not automatically get a 6% raise. Prof. Magid said the effect of two years of negative raises means it will take 6% to bring people up to what they were making in 1993. Compression and merit raises could come on top of a 6% raise. Prof. Weaver-Meyers said she did not want people to think 6% was all we are asking for. Prof. Weinel asked whether it was unrealistic to ask that the issue be approached by college. Over the last six years, some colleges have been rewarded at a higher level, which means faculty raises are differentiated. Moreover, a gender equity component should be added. Prof. Ogilvie said she would like to see an across-the-board raise and then a reward for excellence. Prof. Weaver-Meyers said there is also the question of whether an additional adjustment should be made for departments that are farther from the median of our peers. Prof. Magid said the FCC will bring a recommendation to the Faculty Senate for a vote. He pointed out that the decision about how the administration allocates its new money will not come from the FCC but rather the Budget Council. Salary cost of living adjustment should come before utility and insurance increases. Prof. Sipes said new faculty should not be eliminated from raises just because they were hired recently. Prof. Weaver-Meyers commented that our benefits package is reviewed every three years. She asked the Faculty Welfare Committee to look at the cost of benefits and what is covered under Blue Cross/Blue Shield. Concerns should be shared with Prof. Fran Ayres, Accounting, chair of the FWC. PAID LEAVE AND SHORT-TERM DISABILITY POLICY Last month, the Senate discussed some changes being considered in the Paid Leave and Short-Term Disability Policy (1/96 Journal, page 7, and Appendix II). Prof. Weaver-Meyers briefly explained the following Senate Executive Committee's recommendations concerning the changes being considered. 1. Reduce the total number of hours deposited to short-term disability and delay when it can be accessed, but do not completely eliminate the initial deposit. Remove the language referring to "demonstrated commitment to the University." 2. Clarify that this does not apply to someone who retires. 3. Reduce the number of days of paid leave usage (perhaps to five). 4. No position. Does not apply to faculty. 5. Support. 6. Support. The income from Worker's Compensation is not taxable; therefore, employees receive more than their usual take-home pay. Prof. Durica asked how the computations were generated about the estimated annual savings. For number 1, there would be a $4 million liability if every new hire took short-term disability. Mr. Don Flegal, Personnel Director, said those dollars are not funded. Last year, the university spent about $800,000 on short-term disability. Prof. Patterson noted that for nine-month faculty, it is just time lost. Prof. Hutchison said there is no real cost unless a replacement is hired. Prof. Gilje said the administration was insulting the new faculty for no real gain by saying they did not have a demonstrated commitment to the university. Prof. Patterson asked whether faculty who retire get paid for their short-term disability hours. Mr. Flegal said employees do not get paid for the accumulation in short-term disability. Prof. DeBrunner said the University was not out any money when his faculty wife took pregnancy leave. Prof. Wenk remarked that departments get hurt because they cannot hire someone to replace a person who is sick. Prof. Gilje claimed it could be difficult to hire women faculty who might need leaves with pay for pregnancy if we take away short- term disability. Prof. Weaver-Meyers explained that the Family Leave policy provides 12 weeks of leave, but not necessarily paid leave. Faculty may use six weeks of short-term disability for pregnancy. Faculty still would have 12 days a year deposited to short-term disability. Prof. Gilje moved to keep the initial deposit of short-term disability as it currently is for faculty. Prof. Fiedler suggested that this be an option within Sooner Options. Prof. Hutchison asked what the current initial deposit is. Mr. Flegal said it is 65 days. Prof. Hutchison commented that the initial deposit could be reduced but should not be eliminated entirely. Prof. Weinel asked about the benefit to eliminating short-term disability. Mr. Flegal said the University has been looking at funding this leave so departments could afford to hire replacements. By reducing the amount, it is more likely it could be funded. Prof. Weinel pointed out that the potential saving was only to the budget unit. Prof. Sipes said we are talking about fixing something that is not broken. Prof. Dillon asked whether the potential liability is more a problem with staff because it is difficult to hire a replacement for faculty. Mr. Flegal said it is more likely that temporary employees are hired to replace staff members. Prof. Mouser asked whether faculty and staff could be treated differently. Mr. Flegal said they are now; staff receive 30 days. The motion to keep the initial deposit as it is for faculty (number 1) was approved with one dissenting vote and two abstentions. In discussing number 2, Mr. Flegal explained that reducing the maximum amount of paid leave for which terminating employees can be paid would not apply to someone who retired. That language is part of the current policy and would be included in any new policy. Prof. Patterson asked whether it would be more beneficial to resign than retire. Mr. Flegal said this concerns only paid leave, and nine-month faculty do not get paid leave. Twelve- month faculty get 22 hours a month. Someone who retires gets the maximum paid leave [336 hours (42 days) for twelve-month faculty]. Someone who resigns would get half the maximum. Prof. Ogilvie moved to approve the remaining five recommendations of the Executive Committee. The motion was approved with one abstention. PROPOSED ADDITION TO FACULTY HANDBOOK CONCERNING STUDENT CONDUCT In the agenda for this meeting, the following language was proposed for the Student-Faculty Policies and Information Section of the Faculty Handbook (after section 4.1, 4.19, or 4.20): Faculty who are faced with disruptive behavior by a student in class should refer to Title 16--Prohibited Conduct--of the Student Code for information about disciplinary procedures. Prof. Weaver-Meyers explained that the proposed addition was intended to clarify how faculty can handle such a situation. She noted that the paragraph had been revised to read: Faculty who are faced with disruptive behavior by a student in class are authorized by the Student Code Title 13.1.2 to take immediate action to prevent disruption or obstruction of teaching. Procedures for preventing on-going disruption should follow Title 16 of the Student Code. Faculty taking formal action that may hinder a student's ability to earn a course grade should also refer to the Academic Misconduct Code. Prof. Genova asked what kind of formal action would hinder a student's ability to earn a course grade. Prof. Weaver-Meyers said faculty might dismiss a student from class on a day a test is given. Dropping a student from the course permanently requires faculty to follow the procedure in the Student Code. Prof. Genova said the proposed language made it sound like faculty are already doing this. Prof. Weaver-Meyers said this was meant to apply to faculty who are considering formal action. Prof. DeBrunner asked whether it was appropriate to refer to titles in another document that faculty normally do not get. Prof. Weaver-Meyers said faculty have not known what to do because there is nothing in the Faculty Handbook. Prof. Dillard said he was concerned about referring to a section in the Student Code that next year may cease to exist; he suggested that the pertinent sections be incorporated in the Faculty Handbook. Prof. Tepker said he wondered whether faculty think they should have the right to drop students. Prof. Laird remarked that there is a distinction between disciplinary misconduct and academic misconduct. Prof. Weaver-Meyers said that was correct. If a faculty member chooses a course that determines whether a student gets a grade or not, that could come under academic misconduct as well as disciplinary misconduct. Prof. Laird asked about repetitive disruptions. Prof. Weaver-Meyers said that would go through the formal procedures in the Student Code. Prof. Tepker said there is a provision for special administrative approval for suspension. Prof. Gilje said this language does not really tell the faculty what they should do. That should be spelled out. In the case of academic misconduct, faculty should not talk to the student or accuse a student of cheating because that would violate their rights. Student Support Services is supposed to notify the student of the charges. Prof. Genova said faculty can talk to the student, but communications should be in writing. Prof. Tepker pointed out that due process must be followed when taking disciplinary action against an individual. The University has added some additional procedures and safeguards. Prof. Weaver-Meyers said the Executive Committee will do more work on this. Prof. Sipes said there is a problem with referring to another document. On the other hand, if the Student Code changes, would those changes be incorporated in the Faculty Handbook? Prof. Tepker commented that Title 13.1.2 of the Student Code, which says, "The Vice President for Student Affairs and other appropriate persons in authority may take immediate administrative or disciplinary action which is deemed necessary for the welfare or safety of the university community," is a tough standard. Due process includes a hearing within 15 days. Title 16.2 defines intentional disruption or obstruction of teaching as misconduct. Prof. Weaver-Meyers explained that faculty are considered "persons in authority." ADJOURNMENT The meeting adjourned at 5:00 p.m. The next regular session of the Senate will be held at 3:30 p.m. on Monday, March 18, 1996, in Adams Hall 255. __________________________ __________________________ Sonya Fallgatter Connie Dillon Administrative Coordinator Secretary Norman Campus Faculty Senate Jacobson Faculty Hall 206 phone: 325-6789 FAX: 325-6782 e-mail: facsen@uoknor.edu 2/96 (Page ) 2/96 (Page )