******************************************************************
Page 4889       Minutes of Senate Meeting 227       11 Jan 1995


       THE SENATE OF MICHIGAN TECHNOLOGICAL UNIVERSITY

                 Minutes of Meeting No. 227
                      11 January 1995


Synopsis:  The Senate
(1) Passed Proposal 6-95: Policy on Discrimination and Harassment
(2) Tabled Proposal 13-95: Faculty Grievance Policy and Procedures,
    so that the Senate could receive feedback from the Faculty Handbook
    Committee
(3) Passed Proposal 15-95: Statement on Professional Ethics
(4) Passed Proposal 11-95: Membership for University General Education
    Committee
(5) Approved changes in Proposal 4-95: Definition of Academic
    Appointments, but will not vote on the proposal until a later
    meeting.
-------------------------------------------------------

1. CALL TO ORDER AND ROLL CALL
President Bornhorst called the meeting to order at 5:31 pm on Wednesday,
January 11, 1995 in Room B37 of the Electrical Energy Resources Center.
    Secretary Jobst called the roll.  Twenty-nine representatives
attended.  Absent were representatives from Math, both ROTC units, IWR,
and NaGrp 2.  Absent Liaisons included the Deans of Engineering, and
Sciences and Arts; as well as representatives from CTS, USG, and Staff
Council.

2. RECOGNITION OF VISITORS
Visitors consisted of Ellen Horsch (Human Resources) and M. Goodrich
(Tech Topics).

3. AGENDA ADJUSTMENTS
President Bornhorst made three agenda adjustments: (1) Under"6. Committee
Business/Reports," strike "A. Strategic Planning/Budgets/
Benchmarking-Provost Dobney," and add to the list "C. Space Committee";
(2) Move all of "8. New Business" to immediately after the above changes;
and finally, (3) In "7. Old Business," change the sequence of
consideration to E, A, D, B, and C. [Appendix A.  NOTE: only official
Senate and Library archival copies of the Minutes will contain a full
complement of appendices.] 
    Carstens MOVED with McKimpson's second to approve the agenda
adjustments.  Since there were no objections, Bornhorst declared the
adjustments APPROVED.

4. APPROVAL OF MINUTES
A. MEETING 224
Arici MOVED, with Heyman's second to approve the minutes for Meeting 224.
No discussion followed, and on a voice vote, the motion CARRIED.

B. MEETING 225
Keen found a missing close-quotes (section 7. A), while Beck and Heyman
pointed out that Poplawski (5. C.) was incorrectly listed as a member of
the SS Department rather than the CS Department.  The Secretary
graciously thanked his proofreaders.  Carstens MOVED with Miner's second
to approve the minutes from Meeting 225.  With no discussion, the Senate,
on a voice vote, CARRIED the motion to approve.

5. REPORT FROM SENATE PRESIDENT
A. PROPOSALS SENT TO THE ADMINISTRATION
Bornhorst reported sending to the Administration several proposals: 
13-94: Atmospheric Science Option in the BS in Geology Degree; 9-95,
Absence from Regularly Scheduled Class Meetings; and 10-95:
Recommendation on Disciplinary/ Discharge Policy. [Appendices B, C, D.]

B. STATUS OF OTHER PROPOSALS
1. At-Will Employment
Concerning Proposal 10-95: Recommendation on Disciplinary/Discharge
Policy, Bornhorst read a memo from Provost Dobney, which included an
article from the Chronicle of Higher Education supporting a change from
an At-Will to a Due-Cause system.  [Appendix E.]  His memo, however, is
not to be considered a formal response to 10-95.

2. Proposal 16-95: Recommendation on Observance of MLK Day.  Bornhorst
reminded the Senate that the Provost had responded to the University in
general by memo regarding the Senate's recommendation that University
time be set aside to observe Martin Luther King's Birthday.  [Appendix
F.]

3. Sent to Committee
    a. 19-95: Ph.D. Program in Geological Engineering to the Curricular
Policy Committee for review.
    b. Acting on a complaint from a student and provided by Provost
Dobney, Bornhorst asked the Instructional Policy Committee to examine
current policy on Sunday examinations.

4. Conflict of Interest. Bornhorst reminded the Senate to be prepared to
discuss this proposal at the January 25 Senate meeting.

C. APPOINTMENTS
1. Bornhorst said he had notified R. Zulinski (EE), and G. Campbell (BA)
about their recent election to the General Education Committee, and the
Committee to Evaluate the Dean of Sciences and Arts, respectively.

2. Commission to Evaluate the Administration.
At the January 25 meeting, the Senate will need to consider selecting a
Senate representative for this important task. The selected Senate
representative will be the Chair, according to the approved proposal. 
Beck asked if the person must be a Senator, and Bornhorst said no. 
Leifer asked for the names of individuals on the Board of Control, and
Bornhorst said, to his knowledge, the Governor's most recent selections
have not yet been made public.

D. MEETINGS
1. Undergraduate Student Government.  Bornhorst met with the USG on
January 4 to explore improved communication and USG involvement in policy
making.

2. Bornhorst said the Senate will convene on January 18 for a special
meeting devoted primarily to the University budget.


******************************************************************
Page 4890       Minutes of Senate Meeting 227       11 Jan 1995



6. COMMITTEE BUSINESS / REPORTS
A. COMMITTEE ON ACADEMIC TENURE
Bornhorst reminded the Senate that Gale (Bus) had resigned in fall
quarter, and that Nelson (ME-EM) and Carlson (BL) will resign effective
February 24, 1995.  The term of White (MY) had expired.  The term of
recently-elected Flynn (HU) expires on 8/31/97.
    The President must fill terms vacated by White and Carlson, but he
has agreed to wait until after the faculty vote.  The Faculty needs to
select replacements for Gale and Nelson, whose terms expire on 8/31/95
and 96 respectively.  Bornhorst recommended that the top vote-getter
receive the longer unexpired committee term, and the Senate had no
objections.
    Bornhorst credited Senate VP Glime with locating nominees, which
include Hutzler (CE), Plichta (MY), Seely (SS), Pregitzer (FY), Melton
(SS), and Jambekar (BA).  Bornhorst asked for further nominees from the
floor, but there were none.  Grimm asked if the problems on the committee
which provoked the resignations had been resolved.  Bornhorst replied
that revisions of the University tenure policy were moving forward and
the Senate will eventually see them.  Bornhorst said he hoped these would
alleviate some of the difficulties, although he noted that regardless of
the system some disagreements are inevitable between faculty and
administrators.
    Heyman MOVED, with Arici's second, to close the nominations for the
University Tenure Committee.  There was no further discussion.  On a
voice vote by Academic Degree Granting Units, the motion CARRIED without
dissent.

BALLOT INFORMATION
Glime suggested including, on the ballots, candidate information:
department, years at MTU, and any prior promotion and tenure experience,
if the candidate wished to include it.  Beck agreed but recommended a
space limitation.  Roblee said that the voters know the nominees'
backgrounds, but Whitt said newer faculty could use the information. 
Kawatra argued for no more than fifty words, while Keen reminded the
Senate that any such information should appear on a separate sheet from
the ballot.  Whitt said the candidates should not include a statement but
rather a listing of relevant experience.  Heyman MOVED with Keen's second
to include on a sheet separate from ballots, in 50 words or less, this
information: Name, Department, Years of Service at MTU, and Relevant
Experience.
    When discussion ended, Bornhorst called for a vote.  With Academic
Degree-granting units responding on a voice vote, the motion CARRIED with
dissent.

B. FINANCE COMMITTEE
Jim Pickens, chair of the Finance committee, 
stated that Chief Financial Officer McGarry would visit the committee to
answer questions not covered by the President's visit at the previous
Senate meeting.

C. SPACE COMMITTEE
Bornhorst said the committee met on December 14, 1994 and discussed
available space on campus and in the community.  One available room in
the Old Academic Office Building has been assigned to Educational
Opportunity.  The committee also discussed the Weber House and the
building at 224 Blanche, both of which are owned by the University.

---------------------------------------------------------------

8. NEW BUSINESS
[Section moved by agenda adjustment.]
Bornhorst introduced the following new proposals so they could be voted
on at future Senate meetings.
A. Proposal 17-95: Certificate in Mine Environmental Engineering
[Appendix G].
Beck said he would like to see a hypothetical listing of courses from
Mining on what the typical student might take.  Bulleit asked about a
prospective student's ability to enroll in courses within the other
disciplines listed in the proposal.  Roblee said it was possible.

B. Proposal 18-95: Senate By-Laws [Appendix H].
Bornhorst walked the Senate through the updates to the By-Laws.  Whitt
asked if someone could prevent a proposal from reaching the Senate floor. 
Bornhorst explained his procedure to insure all proposals reach the
Senate, but admitted that the system is not codified in the By-Laws. 
Roblee said a committee chair could conceivably "sit" on a proposal, but
Keen said the Senate could demand a viewing from the Senate President to
see any proposal, ignoring a committee.  A Senator could also introduce
any proposal from the floor.
    Leifer called attention to the responsibility of overseeing Student
Financial Aid, which is listed under the responsibilities of the Finance
Committee.  "We don't do this," Leifer said, "but we do discuss
University investments, which is not listed."  Arici asked who did
oversee student financial aid; no one responded.  Bornhorst said the
listings he had distributed were all directly and solely from authority
granted in the body of the Senate Constitution.
    Bornhorst called the Senate's attention to section E on page 3 and
said this inclusion of a secret ballot had been instituted because of
topics that are politically sensitive.
    Whitt offered an amendment-on page 3, under section F ("Adoption of a
Proposal"), add a number 4: "When a proposal adopted by the Senate is
accepted with changes by the Administration, it shall be published in
revised form and reconsidered by the Senate in the same manner as a new
proposal."  Bornhorst said that amendments cannot be debated at this time
since 19-95 will not be voted on until January 25; thus her amendment
will be noted and considered an editorial change on that date.  No one
objected.  The entire updated By-Laws will be considered at the January
25, 1995 Senate meeting.  Senators will receive copies of the proposed
amendment.
--------------------------------------------------------------

7. OLD BUSINESS
A. Proposal 6-95: POLICY ON DISCRIMINATION AND HARASSMENT 
[See pg. 4898 for a copy of this proposal.]
    Whitt said the final word in the proposal had been changed to
"Harassment" rather than "Prohibited Conduct."
    Bulleit MOVED to amend by adding to the proposal the phrase
"violations of these statues or policies" and deleting the two words
"These behaviors" in the subsequent sentence, but it failed for lack of a
second.
    Whitt asked why the proposal lacked procedures, and Bornhorst
explained that they were missing for two reasons: (1) Proposals which
must go through the Board of Control (BoC) do not contain procedures
since they are not appropriate for the BoC policy manual; and (2) the
Administration was not ready with changes to the procedures.  Keen added
more detail: University attorneys offered preliminary comments, but the
Senate officers last year


******************************************************************
Page 4891       Minutes of Senate Meeting 227       11 Jan 1995


saw other problems as well.  The officers conveyed their concern to the
Provost, who conferred with counsel, and the result was to strip the
procedures from the proposal.  Bornhorst said he assumes the Senate will
see the procedures at some point.  Whitt said that perhaps this paper
flow should be described somewhere in the By-Laws.
    Reed MOVED to change the word "and" to "or" in paragraph four, before
"Board of Control."  Glime seconded.  With no discussion and the full
Senate voting, the motion CARRIED.  Bornhorst ruled that this was an
editorial change, and he received no objections.
    Glime MOVED, with Arici's second, to amend the last paragraph: After
the "and" insert "Individuals engaging in these behaviors".  With no
further discussion, and the entire Senate voting, the motion CARRIED on a
voice vote.
    Glime MOVED, with Keen's second, to replace "dismissal" with
"termination," and add "or expulsion" after the word "termination."  With
no further discussion, and the entire Senate voting, the motion CARRIED
on a voice vote.
    Bornhorst ruled that these two changes were editorial, and there were
no objections.
    With discussion on Proposal 6-95 at an end, Bornhorst announced a
vote of the full Senate.  The motion to approve Proposal 6-95 CARRIED on
a voice vote.

B. Proposal 13-95: FACULTY GRIEVANCE POLICY AND PROCEDURES
[See pg. 4870 for a copy of this proposal.]  Heyman provided an update on
this proposal: he said each department will provide a committee to hear
grievances, and those going beyond departments will come to a University
committee chaired by the University ombudsman.  He reminded the Senate
that prior rejection of the proposal occurred from mid-level management,
Deans and Department Heads, who complained about the possibility of
endless appeals.  The Administration suggested that grievances be dealt
with in each department, but the committee felt this was too narrow;
balance was necessary.  The new proposal draft covers this area. 
Individuals failing to find satisfaction at the Department level, Heyman
continued, could take grievances to the University committee, which could
decide if the topic warranted further consideration.
    Keen MOVED to table 13-95 until January 25 so that the Senate may
hear from the Faculty Handbook Steering Committee on the current draft. 
Bulleit seconded.  With dissent the motion CARRIED on a voice vote.

C. Proposal 15-95: STATEMENT ON PROFESSIONAL ETHICS
[See pg. 4896 for a copy of this proposal.] 
Heyman MOVED, with a second from Glime, to approve proposal 15-95. 
Bulleit asked why the full Senate would be voting on this proposal, and
Bornhorst ruled: change it to "Degree-granting units."  Patricia Moore
recommended adding "Other Course Offering Units."  Heyman so MOVED, with
Whitt's second.  No further discussion, and the motion CARRIED on a voice
vote.
    McKimpson then noted that since only faculty would be voting,
non-faculty would presumably not need to follow the guidelines. 
Bornhorst said the proposal was projected to appear solely in the faculty
handbook.  Beck asked if the BoC would see it, and Bornhorst said no. 
Whitt MOVED, with Bulleit's second, to change a word in paragraph three
from "intelligence" to "professional."  With no discussion, the motion to
amend CARRIED on a voice vote.
    Bulleit MOVED, and Whitt seconded, to amend paragraph four, after the
word "any," replacing with the same wording as used in paragraph three. 
There was no further discussion, and on a voice vote the motion CARRIED.
    Bornhorst declared these amendments editorial changes, and there were
no objections.  Heyman asked if the topic of faculty dating needed to be
addressed.
    Keen MOVED, with Glime's second, to replace the word "subjects" in
line three of paragraph one with the word "profession."  There was no
discussion, and the motion CARRIED on a voice vote, with dissent. 
Bornhorst ruled that this was an editorial change, and there were no
objections.
    Janners reminded the Senate that the proposal contained no
enforceable elements.  Heyman responded by identifying the proposal's
genre as a "code of ethics."
    With no further discussion, the Academic Degree-Granting and Other
Course-Offering units, on a voice vote, CARRIED proposal 15-95, with no
dissent.

D. Proposal 11-95: MEMBERSHIP FOR UNIVERSITY GENERAL EDUCATION COMMITTEE
[See pg. 4895 for a copy of this proposal.]  Roblee said the committee
requested this proposal so there would be continuity of members from year
to year.  Leifer MOVED, with Heyman's second, to approve 11-95. 
Bornhorst announced the voting units as Academic Degree-Granting units,
and Roblee MOVED to expand this to the full Senate.  Heyman seconded.  On
a voice vote by Degree-Granting units the motion to expand voting units
CARRIED.
    Keen, noting the reference in the proposal to the Degree Audit
office, asked if this had long been part of the University.  He explained
that with changes in names by the Administration over the years, this
reference might not be clear in the future.  Janners said that Degree
Audit was under the Registrar's office, and she felt it would remain a
part of the school structure with this name in the foreseeable future.
    With no further discussion and the full Senate voting, Proposal 11-95
CARRIED on a voice vote.

E. Proposal 4-95: DEFINITION OF ACADEMIC APPOINTMENTS
[Appendix I.]  Bornhorst explained that this proposal has undergone
substantial changes, and the Senate could not vote on it tonight.  Heyman
MOVED, with Kawatra's second, to approve the changes.  With no
discussion, on a voice vote the motion to approve the changes CARRIED.
    Heyman MOVED, with Grimm's second to extend the title "Visiting" to
include "Visiting Lecturers and Instructors."  Whitt asked if a Visiting
Lecturer would be a member of the Senate constituency, and Bornhorst said
no.  This amendment, Heyman said, would clarify who was a Senate
constituent.
    Leifer identified the ranks mentioned in the proposal as being
inconsistent with academic ranks in Europe, saying that the term
"lecturer" in England is equivalent in the U. S. to Assistant Professor;
and "Senior Lecturer" is the same as "Associate Professor."  Roblee said
that a visitor's ranking would be the equivalent of what the individual
enjoyed at the previous campus.
    With no further discussion the Senate, by voice, voted on the
amendment, which Bornhorst judged as FAILED.  Glime 



******************************************************************
Page 4892       Minutes of Senate Meeting 227       11 Jan 1995


asked for a show of hands, but Bornhorst said there would be a roll call
since the difficulty in accurately counting hands makes the system
problematic.  Secretary Jobst called the roll, which was 12 to 12, with 3
abstentions; the motion FAILED.

9. ADJOURNMENT
    Leifer MOVED and Miner seconded to adjourn.  Motion CARRIED. 
Bornhorst declared the meeting adjourned at 7:30 pm.

    Submitted by 
        Jack Jobst
        Secretary of the Senate
 
.