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February 9, 1999

 Senators present: Chair Wahl, Chair-Elect Corbin, Interim Provost Moreland, Secretary Daley, Senators Bernhard, Bottcher, Brown, Carter, DeBuysscher, El-Masry, Funderlic, Gilbert, Grainger, Griffin, Hamouda, Kimler, Hooker, Knowles, Lewis, Markham, Monahan, Nagel, Patty, Peel, Riddle, Robinson, Serow, Siderelis, Wall, Werner, Wilkerson

Senators absent: Senators Fahmy, Fisher, FitzGerald, Jewell, Suh, Willits

Senators excused: Parliamentarian Link; Senator Schwab

Visitors: Bruce Mallette, Assistant Provost; Bill Padgett, Chair, Staff Senate; Ryan Avent, Chair, Academics Committee, Staff Senate; Seth Whitaker, President ProTempore, Student Senate; Margaret King, Associate Dean, Graduate School; Rebecca Leonard, Assistant Provost; T. Greg Doucette, Senator, Student Senate; Teresa Moody, Senator, Student Senate; Frank Abrams, Senior Associate Provost; Ashly B. Perry, Staff Writer, Technician; Clare Kristofco, Senior Assistant to the Chancellor; Ross Whetten, Chair, Scholarly Communication Subcommittee of UNC; Lolly Gasaway, Chair, Faculty Assembly

1. Call to Order

The tenth meeting of the forty-fifth session of the NC State Faculty Senate was called to order at 3:00 p.m. by Chair George Wahl.

2. Welcome and Announcements

Chair Wahl welcomed Senators and guests.

Chair Wahl announced that the National Academy of Sciences will host their semi-annual conference at the McKimmon Center on Friday, February 19 from 1:00 - 3:30 p.m..

Chair Wahl encouraged the Senators to attend the Board of Trustees meeting on Friday morning, February 19 at 10:15 a.m., in the Alumni Conference Room.

Chair Wahl circulated a list containing the names of the 111 Park Scholar finalists.

Chair Wahl announced that there will be an open Faculty Forum on Thursday and Friday, February 11-12, 1999 for Jim Barker, the second candidate. He urged the faculty to attend one of the Forums.

Senator Griffin announced that the Council on the Status of Women is sponsoring the annual Susan B. Anthony dinner on February 25, 1999. The cost is $15 for faculty and staff, and $7.50 for students.

3. Approval of the Minutes, Meeting No. 9, January 26, 1999

The minutes of the ninth meeting of the forty-fifty session of the NC State Faculty Senate were approved as corrected.

4.    Comments from Senior Associate Provost Abram

Senior Associate Provost Abrams reminded the faculty that comprehensive peer review of tenured faculty calls for developing departmental criteria. He stated that where they have not already been done, the Deans will be asking for them very soon. The Deans will have to submit them to the Provost with their approval by March 1. Senior Associate Provost Abrams said he would answer any questions from those who are not aware of what is going on in their departments about comprehensive peer review of tenured faculty.

5.    NC State Copyright Perspective

Ross Whetten, Chair of the Scholarly Communication Subcommittee of UNC, reminded the Senate of a resolution they passed (R7/94-95) in May of 1995 on Copyright Intellectual Property in the university. There were four articles of that resolution that were passed. The first was that the Faculty Senate takes steps to make the entire faculty of the university aware of the problem faced by the library in dealing with increasing subscription prices, largely of scientific and technical journals. The fourth was that the Faculty Senate urge faculty authors of journal articles to retain copyright in order to try and make those scholarly articles more widely available, less subject to restrictions by the copyright owner. As Chair of the Scholarly Communication Subcommittee which is a subcommittee of the University Library Committee he is overseeing some of the efforts that are being made to fulfill those articles of the resolution.

Mr. Whetten stated that a communications effort to all the faculty called " Copyright in the Cross hairs, Who Will Own Your Scholarly Work," is a national colloquium being held at the McKimmon Center on February 25 in the afternoon. There are approximately 200 individuals registered for that colloquium. He noted that this event is attracting national attention.

The other educational efforts that are under way, sponsored in some sense by the Scholarly Communications subcommittee and also in part by the Copyright Ownership Task Force, are a series of town meetings. Two have been held so far, one in Williams Hall on December 8 and one in Poe Hall on January 20. There is a third meeting scheduled for the College of Veterinary Medicine on February 16, 1999. These meetings are intended to give faculty an opportunity to hear a brief presentation on the issues behind copyright ownership and to ask questions and discuss ideas about ways in which the university might better manage the intellectual property that is represented by copyright.

He stated that Peggy Hoon, Scholarly Communication Librarian, is on her way to Los Angeles to testify before the US Copyright Office with respect to a fact finding mission that the Copyright Office is engaged in to provide Congress with information regarding the Digital Millennium Copyright Act which is a set of proposed changes to the Federal Copyright Legislation. Some of those changes have drawn harsh criticism to members of the academic community and the academic library community because of the impact it is thought that those changes would have on the ability of the universities to use copyright materials for educational purposes. There is a whole complex field of fair use of copyright materials.

Mr. Whetten stated that the Copyright Ownership Task Force was formed by the Provost’s office and is composed primarily of faculty and librarians (with ex-officio representation from various administrative levels). The Task Force is charged with developing recommendations for guidelines and procedures that the university can use to manage the intellectual property represented by copyright materials. He noted that there is a page under the Task Force and Ad hoc Committees section on the Provost’s Home page. There is additional information available from the office of the Scholarly Communications Librarian.

6.    Remarks from Lolly Gasaway, Chair of the Faculty Assembly

Ms. Gasaway stated that the Faculty Assembly was constituted in 1972 to represent the campuses. There are fifty two delegates from the sixteen campuses. Every campus has at least two delegates and there are three campuses with five delegates. The delegates are based on the number of faculty. The primary job of the Faculty Assembly is to offer input to the President, to respond to issues raised by her, and also to bring forward issues.

North Carolina State University has had very active delegates. The assembly have worked very hard to establish a good relationship with President Broad. Ms. Gasaway thinks it is good from the Faculty Assembly standpoint that President Broad wants to work directly with the faculty.

Ms. Gasaway reported that the Faculty Assembly had two primary goals last year. One was to improve the effectiveness of meetings so they would make better use of time. They also made use of technology by maintaining a web site. She stated that they have created a page of links that list all the documents on the various campuses that deal with Post Tenure Review, Phase Retirement, Faculty Codes at each school, etc. She thinks they have done a good job in making their meetings more effective.

Ms. Gasaway stated that their second goal was to become more proactive than reactive. Some years the Faculty Assembly like the General Administration pretty much has to respond to directives from the Legislature and that is about all that happens. She stated that they have really made progress in those areas.

Ms. Gasaway stated that the Assembly had three goals this year. One was to complete the revision of the bylaws. It has taken ten years. They accomplished it with the help of Gilbert Smith. They passed the bylaws on November 6, 1998. Secondly they are investigating the committee structure. They are still operating with the same committees that they had in 1972. Their third goal is to work on the proactive business and to try to identify mechanisms for seeing that this happens. They have also made themselves better known to the Board of Governors. Instead of just the Chair attending all of their meetings, the committee chairs have been invited to attend their committee sessions that are open. Some of the things the Faculty Assembly have accomplished are working with budgets. The budget documents from General Administration are available in libraries on each of the campuses. This includes the specific budget for the universities. They have persuaded General Administration to develop a document that describes the budget process. That document is available on their web site.

Ms. Gasaway stated that President Broad has agreed that each year the Faculty Assembly may host, in conjunction with one of their meetings, a colloquium that focuses on an issue that matters to the faculty. This year it was on copyright. There were thirty- two Faculty Assembly Delegates who attended, sixteen attorneys from the system, sixteen university librarians, and six to seven research or technology transfer directors. The topic for next year will be "Technology and Teaching". She noted that the wonderful thing about the one on copyright was that President Broad met with them for the entire eight hours.

Ms. Gasaway stated that there are a number of issues that the General Administration is involved in now. Some of them have come about because of the Faculty Assembly. One study being conducted is the effect of post tenure review and phased retirement on faculty work life. She has received a small grant and has hired Dr. Eugene Rice, to be looking into this. Keith Howard from UNC Greensboro, Chair of the Faculty Welfare Committee, is also serving on that group. We have had two members on the tuition task force which has just completed its work. The Faculty benefits are under review. It has finally come to the attention of General Administration that our benefits are very poor and there is a recognition that as long as we are coupled with other State employees, it is probably going to continue.

Presently, General Administration is appointing a copyright task force as a result of the colloquium, to work on a draft policy on copyright ownership for the system and a framework on use of copyright for the rest of the system. A large portion of this will be education.

The system will be reviewing the faculty grievance process and how it functions on each campus. We will be able to name Faculty Assembly delegates and other faculty to that study task force.

Ms. Gasaway stated that it was through the Faculty Assembly’s efforts that the professional development advisory committee was formed that was concerned over the phasing out of the Institute for College and University Teaching. At the very time that teaching evaluation is more and more important in the system, we are

phasing out the one institute that focused on this as a scholarly endeavor. We came forward with a committee and recommendation for funding. It would create a staff position to coordinate activities among the campuses.

Ms. Gasaway stated that another issue that should be important to the faculty is that the Assembly is working with the legal counsel at General Administration about the computer use policy and public records law. They are probably going to have to go for an amendment to the public records law. Currently, any research data that is stored on a university computer is subject to the open records law. They are developing examples of why this is a problem.

The Faculty Assembly is seeking faculty representation on the Boards of Trustees. Two campuses have been successful with this. These cannot be voting members of the Board of Trustees because of the general statute. However, there should be a faculty representative at the table with the Trustees.

In closing, Ms. Gasaway stated that there is an issues agenda and an issues of concern page on the Faculty Assembly’s web page. She encouraged the faculty to E-mail her with any concerns they may have.

Senator Bottcher wanted to know what the prospects are for the Digital Millennium Copyright Act.

Ms. Gasaway responded that the Digital Millennium Copyright Act passed and was effective October 28.

7. Unfinished Business

A. Second Reading: Resolution on Human Rights Week

Senator Wall read the resolution for its second reading and made a motion that the Faculty Senate adopt it.

The motion was seconded and passed without dissent.

8. New Business

A. Academy of Outstanding Extension Faculty and Professionals - Interim Report

Senator Monahan, Chair of the Governance Committee, reported that one year ago the committee presented proposed bylaws for establishing the Academy of Outstanding Extension Faculty and Professionals to recognize outstanding individuals on campus in their extension and outreach activities. Those bylaws have been amended by the Administrative Council and the amended bylaws are being presented to the Governance Committee for consideration. He stated that the previous bylaws were designed to dovetail into current college recognition mechanisms. The changes are that the number of awards or admissions be reduced from fifteen to seven and that the number of nominations restricted to, two from each college. The problem that the committee has is that in changing and making these amendments no one included a mechanism for selecting the seven out of the fifteen. The committee is awaiting further amendments and plans to act when they receive them.

B. Senate Election Update

Chair-Elect Corbin thanked Senator Monahan for an excellent job by arriving at the numbers and providing the mechanism by which we continue the Senate election each year.

Chair-Elect Corbin referred to a handout and noted the numbers of Senators, Grievance Panels and Hearings Panels to be elected to each College. He has talked with some of the Senators about serving as Chairs of the election committees and looks forward to working with the committees so the elections can be done in a timely manner.

Chair Wahl encouraged the Senators to use whatever means are appropriate in their colleges for spreading the word.

Senator Nagel suggested that the Deans and Department Heads be notified and encouraged to support elections rather than to discourage them as it sometimes happens.

Chair Wahl stated that Senator Nagel’s point is well taken and he plans to continue to work with Deans and Department Heads on this issue.

C. Progress on Provost Interviews

Chair Wahl reported that Kermit Hall, Executive Dean at Ohio State, was interviewed last week. Jim Barker, Dean at Clemson University, will be interviewed this week. He encouraged the faculty to bring a colleague to the Open Provost Forums and make the meetings as meaningful as possible.

Chair Wahl stated that he feels that the first candidate made a pretty thorough statement. He hopes that will be the case with the other candidates.

Senator Hooker commented that he admires the attempt to change times around to enable a wide range of people to attend, but feels that discourages comparison.

Chair Wahl agreed but stated that he cannot offer a solution to that.

Senator Hooker suggested scheduling them all at the same time.

Senator Bernhard is concerned about the next Faculty Senate meeting being held on the same day as one of the Provost Forums. He feels that could be argued as a bias against the candidate.

Senator Riddle stated that his understanding is that the Search Committee was dismissed before the candidates came on board. He stated that the faculty have worked very hard over a decade to get faculty involvement in the selection process for administrative officials. Now we have the faculty committee that has developed some expertise and they are dismissed. It seems to him that it is against the policy as accepted by the university and also against the spirit for which they have worked very hard to get faculty involved. Senator Riddle stated that at this point, other than these meetings, there is no process by which the Provost will be selected other than the Chancellor.

Chair Wahl stated that in terms of putting these committees together, it was definitely as much or more faculty input as it has ever been. The committee did all its work which was to bring three to five candidates to the campus.

Senator Riddle stated that by unanimous consent he would like the Chair of the Faculty to raise with the Chancellor, the issue about whether this is the future procedure by which Search Committees will take place. If so, that the faculty raise objection and have the opportunity to address her about what they consider to be the issues.

Senator Bernhard commented that the Search Committee was never disbanded. They continue to receive E-mail encouraging their comments. He feels that the committee has not really been dissolved, yet it does not have any further meetings scheduled. He agrees with Senator Riddle.

Bill Padgett, Chair of the Staff Senate, stated that his understanding was that the Search Committee’s charge was to bring and make an unranked recommendation of three to five candidates to the Chancellor. At that point and time their official duty was over and they were no longer an active committee as far as the search was concerned. However, they did volunteer to continue to be involved in the process.

Assistant Provost Mallette stated that the Committee was charged with putting forth three to five candidates in a confidential process to the Chancellor and the campus. He feels that the Committee has met its charge.

Senator Riddle feels it is a demolition of faculty involvement. He stated that this committee is of our creation and representation, they have developed a lot of expertise, and that is being taken away. Moreover there is an opportunity to go to a faculty committee and have that committee make a recommendation. Everyone in here understands that the Chancellor does not have to accept our first and second choice, that they have developed expertise and that is being taken away. In that sense it is deluding. Every administrative official on this campus faces that prospect that the administrator responsible may select the second or third choice. Senator Riddle feels that the faculty should be very much integrated within the selection process and if you have the openness that produces 3,000 opinions that is simply so large as to be nothing other than a statistic.

Senator Serow suggested that the system be left as is.

Senior Associate Provost Abrams believes the nominating committee did a great job.

Senator Carter feels that the nominating committee have done an outstanding job.

Assistant Provost Mallette stated that it was the unanimous vote of the nominating committee that all four finalists were acceptable Provost candidates.

Chair Wahl feels that the committee fulfilled what is in the bylaws and their charge from the Chancellor. He stated that the Chancellor will pick the candidate that she feels she can deal with most effectively.

C. Report on General Faculty Meeting

Chair Wahl reported that the bylaws states that there is supposed to be a meeting with the General Faculty once per semester. The last semester was a success because of the new Chancellor. Chair Wahl thinks it might be useful to have a General Faculty Meeting at which in 90 minutes or less, the faculty try to review some recent faculty success under the new system. One example is former Senator Anne Marie Stomp who is the first faculty member to take advantage of the Centennial Venture Partnerships where each of the Deans have put in a significant amount of money into a foundation. She is the first person to take advantage of that money to set up an activity based on her research. Another example is the sudden emphasis on Genomic Sciences where again, while to some colleges it may appear to have come out of the blue and being opposed from on high, those of us who have been listening a little more realize that it came about from a couple of distinguished faculty members banging on the door for many years and now there is finally a welcome out there.

Chair Wahl plans to keep the General Faculty meeting on the agenda to discuss it as an ongoing issue until a suitable date is found.

D. Research Issues

Senator Carter, Chair of the Resources and Environment Committee, reported that the Committee is responding to an issue of concern from one of the senators. The committee is in conversation with the Chair of the University Research Committee. They are not planning to make any major recommendations.

E. Liaison Reports

Senator Monahan reported that the Registration, Records and Calendar committee voted to continue the current calendar for the next three years.

9. Issues of Concern

Senator Riddle is concerned about the review of professors who have a D and F grade rate of 10% or more.

Chair Wahl assigned the issue of concern to the Academic Policy Committee.

Senator Hooker moved that the Faculty Senate vote to cancel the meeting scheduled to be held on February 23, 1999. The motion was seconded.

After a brief discussion the motion was voted on and failed.

10. Adjournment

The meeting adjourned at 4:45 p.m.

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