Minutes of the University Senate

September 6, 2005

3 p.m.

Broun Hall Auditorium

Submitted by Patricia Duffy

 

Present:  Conner Bailey, Richard Penaskovic, Patricia Duffy, Kathryn Flynn, Willie Larkin, Debbie Shaw, Dan Bennett, Paul Bobrowski, Stewart Schneller, Dick Brinker, Michael Moriatry, John Heilman, John Tatum, Harriette Huggins, Jenny Swaim, Garenetta Lovett, Robert Locy, David Cicci, Diane Hite, Charles Mitchell, Werner Bergen, Barbara Kemppainen, Charlene LeBleu, Barry Fleming, Raymond Hamilton, Anthony Moss, Timothy McDonald, Anoop Sattineni, Robert Chambers, Rik Blumenthal, Larry Crowley, DebraWorthington, Sridhar Krishnamurti, Gary Martin, Randy Beard, Juidth Lechner, Charles Gross, Sadik Tuzun, Claire Crutchley, Michel Raby, Larry Teeter, Jim Saunders, Alice Buchanan, Ruth Crocker, Ken Titlt, Thomas A. Smith, Chris Arnold, AndrewWohrley, Roger Wolters, Hugh Guffey, Darrel Hankerson, Daniel Mackowski, John Rowe, Robin Fellers, Joe Sumners, Cindy Brunner, Salisa Westric, Bernie Olin, James Shelley, Franci Robicheaux, Anthony Gadzey, Virginia O'Leary, Carole Zugazaga, Howard Thomas, Scott Phillips, Saralyn Smith-Carre

 

Absent, sending a substitute:  Zachary Bryant, Ronald Clark, Jon Bolton, Tom Williams

 

Absent, no substitute:  David Wilson, June Henton, Bonnie MacEwan,  Roger Garrison, Jack DeRuiter, Mario Lightfoote, Alvin Sek See Lim, Ann Beth Presley, Renee Middleton, Allen Davis, Sareed Maghsoodloo, Richard Good, Forrest Smith, Robert Norton, Vivian Larkin, Randy Tillery, William Shaw

 

Conner Bailey called the meeting to order at 3:00 p.m. and reminded Senators to please sign in at the back.  He said that he would continue the practice of allowing anyone present from a represented group to ask questions or take part in discussions from the floor. He asked that Senators have precedence if many people want to speak and reminded speakers to go to the microphones and state their name, whether or not they are a Senator, and what unit they represent.

 

Conner Bailey then called for approval of the minutes from July 12th.  Howard Thomas moved that the minutes be approved.  They were approved by voice vote without opposition. 

 

Remarks from President Richardson

 

Item 1:  SACS Visit

 

President Richardson said that the SACS visit is scheduled for September 18th.  Linda Glaze is the point person with SACS.   He said the university would provide SACS with a progress report on the search for a permanent president.   He said that he and others had attended a workshop by the Association of Governing Board.  Also, he said Mr. Miller will select a search firm and that a report on progress would probably be provided at the Sept 16th Board of Trustees meeting. 

 

President Richardson said the second item requested by SACS, the conflict of interest report for the Trustees, was completed last fall semester but the university was not able to submit it to SACS in December because it did not make the 15-day advance deadline.   The documents will be submitted for this visit.  President Richardson said that three reports were conducted and no violations found. 

 

He said that the university will also provide a report on periodic evaluation of the president.  He said an evaluation has been conducted. 

 

Question and Answers on SACS Visit

 

Virginia O'Leary asked if there is a timeframe for the presidential search that the Board will lay out at the September 16th meeting.

 

President Richardson replied that he is not involved in setting the timeline for the Board.  He said his own timeline is no later than the end of calendar year 2006 to have someone replace him.  He said the Board is making diligent effort to get a top, nationally noted search firm.  Upon selection of search firm, he said, the process will move faster. 

 

Cindy Brunner asked about the report on periodic review of the president's performance.   She asked if future reviews will take the form of the most recent review, a sub-committee of three members of the Board of Trustees, or if they would be more comprehensive.

 

President Richardson said he anticipated the latter.  He said that this time there was a short timeline and the Board had no previous experience conducting such a review.  He said that he would recommend that the evaluation be more comprehensive, but he cannot make this decision as the form of the evaluation is the Board's decision.

 

Item 2:  Upcoming Board Meeting

 

President Richardson said the Board of Trustee's committee meetings will be held September 15.  The meeting of the full Board will start around 9 a.m. on Friday and will finish by 11 or 11:30.  He said this time format will be in place for upcoming Board meetings as well, with committee meetings on Thursday and the regular Board meeting on Friday morning.

 

He said there were two workshops scheduled on the 15th, one at around 1 and one at around 2:30.  (Details on the room and time will be posted in the appropriate place.)   The first workshop concerns cost management.  At this workshop, topics to be reviewed for cost management will be identified.  President Richardson said they won't attempt to get answers on September 15th, but rather to find the areas to exam.  He said most areas will be administrative matters, but inevitably cost management will relate to academic program review in terms of staffing. 

 

 

He said that some colleges are understaffed and some are overstaffed.  He said the other workshop will be on the Strategic Plan with the purpose to have a review of the panels held by Bill Sauser.  He said there will also be samples from other institutions that have completed Strategic Plans.  He said the workshop is an effort to engage the Board of Trustees in open discussion as to the direction of the university.  He said he does not anticipate problems.  He said he anticipates that the basic structure of plan will be on the table for the November Board meeting for approval at the February meeting.  After February, the university could start with operational plans -- what we intend to do to address priorities.  He said we must move quickly because operational plans must at least be roughly worked out to affect the budget for next year.  During the Board's June meeting, he and AUM's chancellor would give annual reports, as a first step toward issuing annual reports on the Strategic Plan.  He pointed out that the February Board meeting is on the Montgomery campus. 

 

Questions and Answers:

 

Rich Penaskovic said there was a great deal of apprehension about post-tenure reviews.  He asked for a rationale for setting up post-tenure review at this time.

 

President Richardson said that post-tenure review is another initiative along with academic program review.  He said that at the November 18th Board meeting criteria for conducting such reviews should be placed on the table, so that we have the rest of the academic year to do a pilot.  He said that the one major theme he is trying to establish is institutional control, which was an issue for the SACS problems last year.  He said he wants to make sure that the institution is driving the agenda and that several things came up with the Trustees, including post-tenure review.  He said we need to put it (e.g. post-tenure review) on the table.  He said if we identify the criteria for post-tenure review, we drive the process.  He said he does not see it (e.g. post-tenure review) being in the Board by-laws so we would have flexibility to make changes as we go along.  Finally, he said that frequently there are articles about accountability in higher education and that post-tenure review is an attempt by the institution to make changes most people think need to be made, with us having control of the process.  He said he believes it (e.g. post-tenure review) can be done effectively, without threat.  He also said he believes we have remarkable people on the faculty and in the administration.  He said he hopes to be able to reward and recognize the people who do tremendous jobs.

 

Cindy Brunner asked whether the reports about understaffing and overstaffing that President Richardson referred to are available. 

 

President Richardson said that he was referring to information that is in the reports to SACS, which identified two colleges as understaffed.   He said another report was done by one of our people and that there are debates about it. 

 

Rik Blumenthal asked how the university would be addressing issues of "excess faculty."   He asked if it would involve a slow process, such as retirement, or a mechanism for quick reduction.

 

President Richardson said there would be a slow process for downsizing and a faster one for adding new faculty.  Through attrition units could be downsized, or possibly some people could fit into other units.  He said that primarily cost management deals with construction, indebtedness etc.

 

Rik Blumenthal asked what President Richardson could say to legislators who think faculty members are overpaid.  He asked if President Richardson should be telling people that faculty are not paid as much as some of their graduate students who go into industry.  He said that President Richardson ought to make public that we are not paid well relative to industry employees and asked why he was not making such statements.

 

Ed Richardson called on John Heilman.  John Heilman said one of the Board's objectives was to get faculty salaries near regional averages for peer institutions.  He said that progress has been made in recent years to get our salaries up to levels comparable to regional averages by discipline. 

 

President Richardson said we have a tendency to talk about the inner workings of a university as if everyone else is listening, but they are not.  He said that if we had workload policies in which we identify what we do, he could respond more effectively (to comments about faculty efforts).   He said that, like everything else in life, a handful that creates bad impressions is what people react to.  With a workload policy, he said he would have evidence to use in response. 

 

Gary Martin said that post-tenure review was used at another institution where he had worked and that it was supportive.  He said it was important to look at the goals of the process.   He asked how President Richardson could get faculty input by his target date of November 18th. 

 

President Richards said he has identified some issues that he knows will come up but is opening the door for us to fashion the answer.  He said he has delegated this task to the Provost and others.   He said we will work as hard as we can, but we will not rush to meet an artificial deadline.  If we need a little more time, he said that would be okay.

 

John Heilman said there are developmental uses for a process such as this.  His office and the Steering Committee are looking at a range of options. He said he is working with Conner Bailey to ask the Steering Committee to provide leadership in providing proposals.   

 

(Secretary's Notes:  Minutes from Steering are posted at https://auburn.edu/administration/governance/senate/Steering-Committee-Minutes.htm )

 

Sadik Tuzun said he thought the idea of going through periodic review is healthy.  . 

 

Other Items:

 

President Richardson said Sid McAnnally is with us at this point full-time and that we will again share an agenda with the University of Alabama.  He said that state revenues have exceeded initial predictions and that we are getting ready for an election year.  He said we had success last year.  He said there has been a substantial increase in allocations.  He said Auburn and Alabama will stay together and will be a force to be reckoned with in the future.  He said he expects a second year of the same success and additional support form others coming into discussion. 

 

He said that John Heilman will cover relief efforts for Hurricane Katrina.

 

He commended us for our increased standings in published reports and noted that a survey of Alabama students put Auburn as the top college choice of most students

 

Announcements from Senate Chair Bailey

 

Conner Bailey noted that the Board of Trustees will meet Sept 15th and 16th.   He said that the schedule is a little different than traditionally has been the case, with committee meetings starting at 10 a.m. Thursday  and running through the day.  The meetings will be in Ballroom B of the AUHDCC.  Often the agenda is posted on the Trustees' website.  There are two items of particular interest to faculty.  At approximately 2 p.m. there will be a workshop for Board members on Strategic Planning.  And the Board will approve the 2005-2006 budget.

 

Conner Bailey said that at the beginning of fall semester he sent all Senators a “welcome back” message, updating faculty who were out of town on developments that took place over the summer.  Among the topics addressed were post-tenure review, development of a strategic plan, academic program review, and what has been known as the “Ag Initiative.”  He said that each of these four topics will be addressed in Senate meetings during October and November, as well as the University Faculty meeting on Oct 18th. 

 

Regarding post-tenure review, he said the Steering Committee has taken responsibility for considering what type of policy might best fit Auburn.  He said that President Richardson has made it clear that if the faculty does not develop a plan, President Richardson will ask the Provost to put a plan in place in time for the Nov 18th Board of Trustees meeting.  He said he was pleased to hear there is some flexibility in timing.  The Steering Committee has taken the position that we would rather be responsible for designing a policy than to have one given to us.  Conner Bailey said that once we have developed a draft there will be ample opportunity to discuss it.  He said he hopes to have the outline of a policy available for discussion by the end of this month.  The AAUP will hold a forum on the topic in early October, and the topic of post-tenure review should be on the agenda for the University Faculty meeting on the 18th of October. 

 

He said that the “Ag Initiative” has entered a new phase and is likely to be renamed to reflect the focus on a broader range of things than simply agriculture.  He said that the first phase involved external stakeholders and that Dr. Heilman will talk about the second phase, involving the input of faculty and administrators, later this afternoon.

 

He said that the Strategic Plan has just passed through a second phase where many in this room provided input in the form of answers to the questions posed in the first phase.  He said that Bill Sauser will lead a group in developing a draft document for discussion later this fall.

 

He said that the Academic Program Review Committee has been meeting regularly and he expects a report will be coming before the Senate in the near future. 

 

He said he has written the chairs of most Senate committees with regard to specific “charges” for the coming year.  Among the issues to be addressed, which might come before the Senate, is a revised charge for the Non-tenure Track Instructors Committee.  He said we need to expand the charge to include all non-tenure track faculty.  He said their ranks are growing. 

                       

He also mentioned that the SACS visit will take place soon.

 

He called for questions from the floor.  There were none.

 

Action Items

 

1) Approval of appointments to Senate Committees

 

Kathryn Flynn moved approval of the remaining appointments to Senate Committees.  The motion passed on voice vote without opposition.

 

2) Handbook revisions concerning the Promotion and Tenure Committee (two items)

 

Kathryn Flynn read the resolution, from Steering, concerning representation for clinical and research faculty and moved its adoption.   The resolution would allow tenured faculty to serve as resource persons on the Promotion and Tenure Committee for clinical and research faculty if no professors in those tracks are available to take that role.

 

Following a question from Anthony Moss asking for clarification about which committee was involved and an answer from Kathryn Flynn that the resolution concerned the Promotion and Tenure Committee, the motion passed on voice vote without opposition.

 

Kathryn Flynn read the second resolution, also from Steering, concerning membership on the P&T committee.  This resolution stipulates that a minimum of nine members of the committee would be tenured.  She moved its adoption.

 

Virginia OLeary said the Senate deliberated a long time before instituting the clinical track.  By expanding the number of tenured faculty on Promotion and Tenure, she said we are further disadvantaging those people who come up through the clinical track route to promotion at least until such time that the criteria for their promotion becomes institutionalized at Auburn.  She said this resolution makes it even more difficult. 

 

Cindy Brunner said that the resolution is restoring the number of tenured faculty. She said that when the Senate approved the change to put clinical track and research track faculty on the committee, there was no stipulation about the maximum number of non-tenured spots and thus it was possible that the committee could have been composed largely of non-tenured faculty.  She said that a threshold was set of at least 7.  She has suggested that we restore it to 9 tenured members, which is what it was before we had clinical and research tracks.

 

Rik Blumenthal asked if the resource person, if tenured, be able to vote on tenure cases.

 

Kathryn Flynn said that was not specified but left up to the Provost as chair.

 

Conner Bailey said that in the past it has been done both ways.  Neither resolution clarifies how this issue will be handled.  He said that the Senate leadership had discussed the issue with the Provost.

 

John Heilman said he encouraged those with views on this matter (e.g. whether tenured resource faculty on P&T could vote on tenure cases) to contact Senate leaders. 

 

The resolution passed by voice vote.

 

3) Intimate Relations Policy

 

Kathryn Flynn brought forward a resolution from the Executive Committee concerning Intimate Relations.  She noted that a previous resolution had been approved March, 2004, and that the Staff Council and A&P Assembly asked us to reconsider some of it, which has lead to the current revision.  She read the resolution on  the Intimate Relations Policy.  The revised policy deals exclusively with relations between employees (faculty and staff) and students.  A sentence concerning relations between employee supervisors and the faculty and staff members they supervise was removed.  She moved adoption of the revised policy.

 

(Secretary's Note:  A lengthy and fast-moving discussion followed.  Some comments may not have been captured.  A full accounting of all comments will be posted in the transcript from this meeting.)

 

Ruth Crocker noted that the revision is a result of deliberations with Staff Council and the A&P Assembly.  She said she respects their contribution, but objects to cutting out the sentence (on supervisors).   She moved that we return the sentence with the wording "strongly discourages" instead of "prohibits."

 

Harriet Huggins asked about copies of nepotism policies and affirmative action policies.  She said that what is disturbing to staff and A&P is the ability to police these relationships.  She said they (staff and A&P) felt that existing policies could be modified to cover these situations.  She said revisions of the nepotism policy are currently underway.  She said that it is not so much the relationship that is the problem; it is the results of the relationship with regard to favoritism.  She said she prefers to revise the manual as a solution.

 

Sadik Tuzun said he opposes the resolution.  He said that policy in the College of Agriculture allows spouses to supervise each other and give raises to each other.  When the original policy on intimate relations came through the Senate, he said there was a long discussion and he does not understand why we are coming to this policy again because an interest group wants to change it.

 

Conner Bailey explained that it came back to the Senate because two constituent groups requested we bring it back.

 

Virginia O'Leary said she is concerned about the resolution. She said she speaks against it.  She said she wants to make sure that the less powerful are always afforded the best possible protection.  Also she noted that we have never resolved the issue of sexual orientation.  She would like it included as a protected category.

 

Matthew Phillips asked to what extent Alabama law allows us to regulate activities outside the workplace.

 

Ruth Crocker reminded the Senate of her motion to retain the stricken sentence and to have "strongly discourages" instead of "prohibits"    The motion was seconded.

 

James Shelly proposed a friendly amendment to the amendment, that we move the stricken/modified sentence to the end of the paragraph.  

 

(Inaudible) said he would ask for a committee of all 3 groups to look at this again. 

 

Conner Bailey noted that we (a committee of all 3 groups) have been working on this for some time.

 

Jenny Swain said that the three governments have gotten together extensively to talk about this.  A concern is that we are already covered by the harassment policy.  She said there is concern about what a violation would be.  She said that the way their policies are written, it would protect them.  She said it would be more beneficial to take this (issue about supervisors) out of the picture.  She said that A&P and Staff both want this sentence removed.

 

Rik Blumenthal commented that it is unwise to take an important policy and alter it with words spoken on the fly.  He spoke against amendments to the resolution because they constitute on-the-fly changes.

 

Robin Fellers noted that the first sentence deals with students and the second sentence (the stricken sentence) deals with employees.  She said that there are faculty members who supervise employees within the academic setting.   She asked what we are trying to do.  Address relationships with students only?  Address relationships for employees?  If both, we need two different policies. 

 

Gary Martin noted there is a large difference between "prohibit" and "strongly discourage." 

 

Anthony Moss said he speaks against the amendment to the resolution.

 

Bob Locy said that when we discussed this resolution in Steering, we asked whether we should have someone from Human Resources to discuss what changes in nepotism policy would accompany this policy.   He asked if we should table this resolution until a full package can be brought, but he clarified that he did not actually make a motion for tabling the resolution.

 

Kathryn Flynn read the amended version. 

 

Auburn University prohibits all faculty, administrators and supervisors,
including graduate teaching assistants, from pursuing or engaging in
romantic or sexual relationships with students, both graduate and
undergraduate, whom they are currently supervising or teaching. Violations should be promptly reported to the University's Affirmative Action Office. Violations of this policy will be addressed through appropriate disciplinary action.  Auburn University also strongly discourages all faculty, administrators, and supervisors from pursuing or engaging in romantic or sexual relationships with employee subordinates whose work they supervise.

 

The amendment was defeated on a voice vote.

 

A voice vote was taken on the resolution (without amendment).  Conner Bailey called it in favor of the ayes.

 

Cindy Brunner called for division of the house (Secretary's note:  She apparently wanted a show of hands.)

 

Conner Bailey called for a show of hands.  The resolution passed 33 to 19.

 

Gary Martin asked if there will be a movement to modify the nepotism policy. 

 

Conner Bailey said he will work with heads of Staff and A&P to see that it is done.

 

Because of the hour, Conner Bailey asked David King to postpone his report on uncompensated faculty work until October.

 

Remarks from Provost Heilman

 

John Heilman was called to the podium.  He said that the Senate leadership and Provost are talking about the Agricultural Initiative on a regular basis.

 

He provided information on the Hurricane Katrina efforts.  He said the university wants to be able to help people in need.  The university has tried to help our students stay in school.  Auburn students affected by the hurricane have been asked to work with deans to address their needs.  He noted that we start earlier in year than other schools and that courses have moved along quite a bit.  We are also over-enrolled this year.  All of these things pose challenges for accepting students displaced by disruptions at other universities.  He said that the colleges are working with these students on a case by case basis. 

 

He noted that Auburn students have undertaken a lot of initiatives relative to relief efforts.

 

He asked if we can we try to accommodate faculty from other schools dislocated by Katrina.  He said if we have resources, we want to help.  He encouraged faculty to communicate with deans. 

 

Sadik Tuzun asked how many of our students are affected by Katrina.

 

John Heilman said 1590 students have zip codes in affected area, most from Mobile.

 

Cindy Brunner made a motion to adjourn, which was seconded.  It passed on voice vote without opposition.  The meeting adjourned at 4:50 p.m.