****************************************************************** Page 6190 Minutes of Senate Meeting 251 6 Mar 1996 THE SENATE OF MICHIGAN TECHNOLOGICAL UNIVERSITY Minutes of Meeting No. 251 6 March 1996 Synopsis: The Senate (1) heard that President Tompkins has approved Proposal 10-96, M.S. Degree in Environmental Policy and will take it to the Board. (2) needs three members for the Charter School Committee. (3) heard that the Department of Chemistry will be moved to the College of Sciences and Arts. (4) agreed that President Bornhorst should convey to the Board of Control members that the Senate would like them to explore all possibilities for providing legal counsel to the University. (5) referred the report from the Faculty Development/Sabbatical Leave Policy Task Force to the Academic Policy Committee to put into the form of a proposal(s). (6) approved the administrative revisions of Proposal 13-95, Faculty Grievance Policies and Procedures. (7) needs faculty nominations to fill two positions, elected by the faculty at large, on the new Grievance Review Committee. (8) approved Proposal 15-96, Sharing of Interval Between Classroom Use. (9) approved Proposal 16-96, Guidelines to Petition for Senate Constituency. _______________________________________ 1. CALL TO ORDER AND ROLL CALL President Bornhorst called the Senate Meeting 251 to order at 5:34 p.m. on Wednesday, 6 March 1996, in Room B37 of the Electrical Energy Resources Center. Secretary Glime called roll. Absent were at-large Senators Robert Filer and Laurie Whitt, and representatives from School of Technology, Enrollment Management, Auxiliary Enterprises, and Academic Services/Engineering. Liaisons in attendance were Steve Hellmann (USG) and Ted Soldan (Staff Council). 2. RECOGNITION OF VISITORS Guests included Fred Dobney (Provost), Marcia Goodrich (Tech Topics), Kelly McLean (Computer Science), and Ellen Horsch (Human Resources). Secretary Glime introduced the new USG liaison, Steve Hellmann. 3. APPROVAL OF AGENDA President Bornhorst announced that Ingrid Cheney would not be at the meeting to make her presentation on Tech Select, so item 6a would be an announcement from him. Soldan MOVED and Lutzke seconded the motion to accept the agenda as amended. The motion PASSED by voice vote with no dissent. [Appendix A. NOTE: only official Senate and Library archival copies of the minutes will contain a full complement of appendices.] 4. APPROVAL OF MINUTES FROM MEETING 250 Senator Leifer requested that his statement in Other Business, p. 6115, paragraph 4, be corrected. According to the tape of that meeting, Leifer stated, "That basically there is this plan that was proposed, this pay-as-you-go-plan, that has drawbacks in it. I could talk extensively about it but time is late." Dobney asked if we are near having a report from the Task Force. Leifer responded. "You (Dobney) will be at the next Task Force meeting on Monday, as far as I know, and you're going to be talking to the Benefits Committee on Friday at 10:00 and I think I would prefer to wait until after that." Dobney responded that we do not have a recommendation. Leifer responded, "they have a recommendation, we have a very definite recommendation and basically everybody on that Task Force can live with that level of funding plan. There's no doubt about that and as a matter of fact that plan is so good that it will fund as it is right now will fund everybody on this campus until the year 2023. With a minor amount of tweaking it will fund everybody in perpetuity. So I might say that that's a very good plan." Senator Mroz asked that his statement in paragraph 2 on page 6115 be clarified. Senator Mroz asked if the Governor's budget plan implies that if MTU were to increase the number of graduate students would MTU receive more funding from the state. Heyman MOVED and Sandberg seconded the motion to approve the minutes of Meeting 250 as corrected. The motion PASSED by voice vote with no dissent. 5. REPORT FROM SENATE PRESIDENT President Bornhorst reported that President Tompkins approved Proposal 10-96, M.S. Degree in Environmental Policy, to take forward to the Board of Control. [Appendix B] Proposal 11-96, Conflict of Interest Procedures, was sent to the Administration for approval. [Appendix C] The Ad Hoc Committee to Investigate Policies and Procedures Regarding Tenure-Track Academic Appointments has been given their charge. Committee members are Christa Walck, Interim Chair (Bus.), Betty Chavis (Ed. Op.), Beth Flynn (Hu), Jimmy Diehl (Geo), and Tom Snyder (Bio). [Appendix D] President Bornhorst has received a memo from President Tompkins regarding charter schools. [Appendix E] The Senate should appoint three members instead of having the Senate President appoint these. Following past tradition, President Bornhorst asked for volunteers and for Senate members to solicit potential members. The terms will be for 2, 4, and 6-year staggered terms. Names of nominees should be submitted to the Senate Assistant within one week. Discussion ensued on how we should decide on the final members. Senator Beck suggested that if there are three candidates and they are open-minded on the issue, we do not need to vote, but if the candidates' minds are made up, we need to vote on membership. Senator Fynewever suggested that President Bornhorst submit three nominees to the Senate and if there are problems we should deal with them at that time. ****************************************************************** Page 6191 Minutes of Senate Meeting 251 6 Mar 1996 President Bornhorst reported that, based on a recommendation from Secretary Glime and himself, President Tompkins has appointed Dennis Harbour, a local school superintendent, to be an outside member as one of the three Presidential appointments. The Senate officers had no prior knowledge of the recent RISE questionnaire that was sent to the Senators. President Bornhorst announced that effective July 1 the Department of Chemistry will be moved to the College of Sciences and Arts. President Bornhorst announced that Board of Control Attorney Bob Vercruysse has terminated his relationship with Butzel-Long and has formed his own company. He has requested continuation of his relationship with Michigan Tech. As Senate President Bornhorst intends to discuss this issue with members of the Board of Control. His sense is that most faculty and professional staff would strongly support action by the Board of Control to discontinue our relationship with Attorney Vercruysse. Such a move would be positive for employee morale and the Board of Control with respect to employees. President Bornhorst would like to get the sense of whether the Senate supports his views. Senator Sloan asked whether Andrea R. Dickson left Butzel-Long; Ellen Horsch replied she did not. Senator Mroz stated that it would be good to continue our relationship with Butzel-Long. Senator Heyman said that we should convey to the Board of Control that this is an opportunity to consider all possibilities for university legal counsel. President Bornhorst will convey the sentiments of the Senate to Board members. 6. COMMITTEE BUSINESS/REPORTS A. Tech Select Faculty and staff have received copies of the times available to learn about Tech Select. Senator Sloan stated that her constituents asked if this really needed two hours - if given the formula, they could calculate needed figures. Ellen Horsch (Human Resources) stated that persons could come to the early part of the meeting and get the guidelines. Senator Beck questioned the meaning of reference to both plans available in 1996 - would the current plan discontinue after that? Horsch replied that was not intended. Senator Sweany asked if we could get details before the meeting so we would know if we had questions; Horsch replied anyone could call Ingrid Cheney to get the guide before the meeting. B. Faculty Development/Sabbatical Leave Policy Task Force - Jack Jobst and Christa Walck [Appendix F] Jack Jobst (Humanities) and Vice President Walck presented the report of the Task Force. Other Task Force members were Mangalam Gopal, James Rafert, Doug McDowell, and Tim Collins. Walck reported that the conclusions of the committee were that the average number of sabbatical leaves taken at MTU (3.9%) were considerably less than at other schools in Michigan (6-7, up to 11%). People in Sciences and Arts take more sabbatical leaves at MTU. The stated primary impediment to taking one was reduced wages, but the greatest number of leaves taken were by those who are paid lowest (Sciences and Arts). The task force recommended that the administration should encourage department members to take sabbatical leaves, and all faculty should be encouraged to take one at least every 10-15 years. Incentives should be provided for the under-represented colleges. Funding for the recommendations would provide a competitive pool for added expenses such as travel, housing, and replacement teachers for departments; the anticipated award would average $5,000, totaling $50,000 needed to fund approximately half of those taking a sabbatical. These grants would be non-taxed. More faculty take 3-term leaves, the fewest take 2 terms. MTU should aim to double the number of faculty taking a sabbatical. Karl Markgraf is pursuing funding for international travel and related expenses. Jobst reported that the Sabbatical Leave Committee would determine who is funded. They recommended no increase in pay for those who take 2-term leaves (disagreeing with the Senate Proposal passed last year that raised it to 85%). They also recommended ways to bring back benefits of the experience to the MTU community through presentations and seminars, as well as seminars prior to the leave to learn strategies from those who had had sabbatical leaves. Since spouse employment was a concern of many faculty, the task force suggested that spouses be guaranteed an equivalent job on return to MTU. There should be a staff individual to help with details such as moving, new housing, and also to offer suggestions to help new faculty and graduate students find housing. Senator Beck stated that lumping faculty by college was a disservice to some departments with low sabbatical leave participation and that these departments should also have the incentives; Jobst responded that these were only general guidelines. Senator Leifer asked that if the 2-term leave pay would not be increased, what about the others; Jobst responded that the question was moot because the Board of Control had refused to increase the salary percentage; other factors seemed to be more important in deterring faculty from taking sabbatical leaves. Vice President Walck stated that our salary percentage is in line with other institutions. Leifer stated that if others earn more salary, then half that is more than we get for a sabbatical leave. Senator Kitalong expressed concern about guaranteeing some staff a job on return from a spouse's sabbatical, but that other staff who needed leave for other reasons would not be guaranteed a job when they return. President Bornhorst noted that it was a valid concern. Senator Pegg asked if the task force considered whether the sabbatical leave must be away from the Houghton area; Senator Brokaw (chair of the Sabbatical Leave Committee) stated that Proposal 1-95, now in effect, encourages faculty to leave Houghton but does not require it. Jobst commented that the committee has become more flexible on permitting people to remain in the area. Pegg stated that the consideration is important ****************************************************************** Page 6192 Minutes of Senate Meeting 251 6 Mar 1996 for some sabbaticals. Walck stated that there was no intent to change the policy, but that the policy encourages people to go away. Senator Thayer asked why the grants were competitive; everyone should get travel money. Walck responded that it was because of limited funds. Thayer responded that the administration finds funds for their agenda. Jobst responded that the task force had recommended what they thought was reasonable and might be possible to get. Leifer responded that if you don't ask, you will never get it. Brokaw asked what had happened to the administrative change that you had to apply by 15 March; the Sabbatical Leave Committee did not intend to limit the application time, and the number of people applying decreases as the end of the year approaches. Provost Dobney responded that the date had been added at the request of deans and chairs who wanted to know if they needed to replace a faculty member for teaching, but that the Senate had convinced him the deadline was unnecessary and the Administration had dropped the deadline completely. Brokaw stated that the date was in the guidelines being given out and it is often hard to get everything lined up that early. Bornhorst stated that we need to look at the Board of Control policy. Walck added that we do need a cut off date to apply for funds; Dobney countered that the successful application for travel funds may determine whether someone would want to apply for the sabbatical leave. Walck stated that someone could stay in this area and apply for funds to take three trips to conferences, one of which might be out of the country. Shonnard asked who would judge the proposal and coordinate the pre and post leave seminars, etc. Jobst stated the Center for Teaching Excellence and the Sabbatical Leave Committee would probably be responsible for these activities. Dobney stated that he needs to know the wishes of the Senate because this is a budgeting issue. Bornhorst asked if the Senate wanted to refer it to a standing committee. Senator Beck said we need to evaluate its effect - does it increase the number of sabbatical leaves taken and what must be sacrificed to put this funding in effect? Senator Thayer said that everyone should be encouraged to take a sabbatical leave because the institution gains too. Senator Leifer asked what protocol is needed to do this. Senator McKimpson asked if the task force discussed the professional staff; Walck stated that the professional staff are addressing that issue. Senator Reed stated that we are nearly through this year and it would be two years before we would spend the money, so there should be no rush. Keen MOVED and Sandberg seconded the motion to refer the recommendations to the Academic Policy Committee. Walck asked when the Sabbatical Leave Committee would need to know if funding was available for sabbatical leaves in the 1997-98 academic year. Brokaw stated that they usually start getting requests in November. Leifer stated that Christa (Walck) "almost had it and dropped the ball;" if your leave is to Australia, their academic year starts in February and you need to know in September. Bornhorst stated that Peg Gale chairs the Academic Policy Committee. There was no more discussion. The motion to refer the recommendations to the Academic Policy Committee PASSED on voice vote with no dissent by the full Senate. 7. OLD BUSINESS Proposal 13-95, Faculty Grievance Policy and Procedures [Appendix G] President Bornhorst brought the administrative changes to Proposal 13-95 to the floor. Senator Heyman, who worked on the original proposal, stated that he likes the changes, they resolve what needs to be done, are fair, and he endorses it. Senator Keen, who also worked on the original proposal, agrees with Heyman, but asked to whom the annual report need be submitted. Heyman responded that it makes sense to go to the Senate, President, and anyone else who wants to see it. Keen MOVED and Heyman seconded the motion to accept the revised Proposal 13-95. Keen MOVED and Thayer seconded the motion to amend Proposal 13-95 to add the words "to the Senate" on page 2 of 5 after "shall submit" in the new text in the paragraph below 2b. The recommended voting units were academic-degree-granting departments, other course- offering units, and research units, as in the original proposal. There were no objections to the voting units so they stood as published. The motion to amend PASSED on voice vote with no dissent. President Bornhorst ruled that the change was editorial and there were no objections. Senator Reed stated that there is no way for the committee to know the number of grievances that are not appealed; Bornhorst responded that the committee would survey the departments to get numbers. Secretary Glime asked if it could be required as part of the Department Chair or Dean end-of-year report; Provost Dobney stated that such a report was not required university-wide. Senator Pegg asked why the President was excused from explaining if he/she disagreed; Dobney explained that the attorney advised that a written report could result in a law suit. Sweany stated that the same argument could be used on the whole process. Dobney responded that that is why the committee needs the consultation with a human resources representative. Pegg responded that the same advice was available to the President and Dobney stated that the advice is "don't write it." Heyman reminded the Senate that currently there is no policy. Dobney further clarified that the attorney advised the President not to notify anyone, simply make the decision; this Proposal permits the President to notify the committee of the decision in writing, but not to write the reasons. There was no more discussion. The motion to approve the revised Proposal 13-95 PASSED on voice vote with dissent. By passing this procedure, we now need a committee to review appeals regarding grievances. Bornhorst ****************************************************************** Page 6193 Minutes of Senate Meeting 251 6 Mar 1996 requested volunteers for the committee. There must be two members not from the same department, to be elected by the faculty at large. The third member is the ombudsperson. Senator Moore asked who can serve on the committee; Heyman responded it should be eligible faculty and these should probably be tenured (for their own protection). 8. NEW BUSINESS A. Proposal 15-96, Sharing of Interval Between Classroom Use [Appendix H] Discussion opened on Proposal 15-96. Senator Sloan commented that the Senate had previously passed a similar proposal many years ago, with the same time provisions. Senator Keen responded that the Provost's Office said the policy did not exist. Provost Dobney stated that it is not in writing anywhere in his office. Thayer MOVED and Leifer seconded the motion to accept Proposal 15-96. Senator Diebel asked who enforces this rule; will it solve the problem. Keen responded that it should solve the problem. Discussion ended. The suggested voting units were academic-degree-granting departments; there were no objections, so voting units stood. The motion PASSED on voice vote with no dissent. B. Proposal 16-96, Guidelines to Petition for Senate Constituency [Appendix I] Discussion opened on Proposal 16-96. This proposal had been requested by the Senate. The officers used previous criteria, adding that those petitioning must have long-term commitment to the university to be admitted. Senator Bradley asked why we had criterion 2; what unit of governance includes a person not already in the Senate? President Bornhorst responded that there is nobody, there are no fringe benefits for individuals employed less than 3/4 time. Bradley responded that if they get benefits, they should be constituents. Senator Moore explained that in the humanities there are some people who get no benefits but have been with the university for a long time and have a long-term commitment. Senator Beck commented that post docs are full time but have no long-term commitment. Senator Reed stated that we need to define what is meant by 10 discontinuous years of employment. Bornhorst stated that 3/4 time for 9 months counts as one year. Keen MOVED and Soldan seconded the motion to adopt Proposal 16-96. Sandberg MOVED and Sweany seconded the motion to amend the proposal to strike the sentence before the first set of numbers. The suggested voting units were the full Senate; there were no objections. The motion to amend PASSED on voice vote with dissent. Senator Moore suggested that the two items in the first set of criteria be "or" and that the numbers be removed. President Bornhorst ruled this to be an editorial change. Senator Beck objected, thus requiring a vote; the vote on treating it as an editorial change PASSED on voice vote with dissent. There was no more discussion, so a voice vote was taken on the motion; there were many dissenting votes. Secretary Glime took a roll call vote and the motion to adopt Proposal 16-96 PASSED with 17 yes, 14 no, and 1 abstention. Evensen - no Greuer - yes Glime - abstain Beck - no Reed - yes Heyman - no Walck - yes Manninen - no Keen - no Goldstein - yes Brokaw - no Moore - no Leifer - yes Fynewever - no Shonnard - yes McKimpson - yes Sandberg - yes Diebel - yes Sweany - yes Bradley - no Sloan - no Chavis - no Mroz - no Lutzke - yes Pegg - yes Ouillette - yes Gopal - yes Soldan - no Arici - yes Way - no Thayer - yes Kitalong - yes Senator Bradley questioned whether citing only Bylaw C.1. was appropriate since some units were also covered in Bylaw C.3. President Bornhorst stated that the numbering had been changed by recent Senate decisions and did not appear in the copy of the Constitution in the Senate handbook; all units are now covered in C.1. He will recheck the new Bylaws to be certain. C. Proposal 17-96, Reaffirm Approval of Proposal 22-95 [Appendix J] President Bornhorst introduced Proposal 17-96. He hopes to conclude action on this proposal on April 3. He has asked the Chair of Staff Council, Kelly McLean, to present a statement at the next meeting of the Senate. Thayer MOVED and Diebel seconded the motion to adjourn the meeting. The meeting adjourned at 7:12 p.m. Respectfully Submitted by Janice M. Glime Secretary of the Senate .