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November 14, 2000

Senators present: Chair Corbin, Chair-Elect Carter, Secretary Brown, Parliamentarian Gilbert, Senators Banks, Bottcher, Braunbeck, Cassidy, Elmaghraby, El-Masry, Funderlic, Havner, Headen, Hooper, Kimler, Marshall, McAllister, Setzer, Smoak, Suh, Toplikar, Tucker, Tyler, Vickery, Wilkerson, Wilson

Senators absent: Senators Brothers, Grainger, Grimes, Hodge, Levine, Malinowski, Robinson

Excused: Provost Hall; Senators Ash, Hughes-Oliver, Lytle, Misra, Sawyers

Visitors: Marye Anne Fox, Chancellor; Cecil Brownie, Professor, College of Veterinary Medicine; Peggy Hoon, Libraries; Mary Elizabeth Kurz, Office of Legal Affairs; Clare Kristofco, Executive Assistant to the Chancellor; Charlie Moreland, Research and Graduate Studies; Esther Wilcox, President, Graduate Student Association; Gary Palin, Student Senate; Robert Sowell, Dean, Graduate School; Frank Abrams, Senior Vice Provost, Academic Affairs; Mark Cooper, NROTC; Kevin Gulden, AFROTC: Bruce Cordelli, Army ROTC

1.    Call to Order
The fifth meeting of the forty-seventh session of the North Carolina State University Faculty Senate was called to order at 3:00 p.m. by Chair Frederick Corbin.

2.    Welcome and Announcements
Chair Corbin welcomed Senators and Guests.

Dr. Cecil Brownie announced that Sigma Xi will have its first Mini-Symposium Lecture Series on Thursday, November 30, 2000, from 3:00 - 5:00 p.m in the Walnut Room of the Talley Student Center. A reception will follow in the Brown Room. The speaker will be Professor Joseph DeSimone, from Chemical Engineering and Chemistry. Dr. DeSimone is the 2000 O. Max Gardner Award recipient.

3.    Approval of the Minutes, Meeting No. 4, October 31, 2000
The minutes were approved without dissent.

4.    Remarks from the Chancellor
"We had a mixed week last week. We had spectacular success on Tuesday. Our bond issues passed with 72% across the state of North Carolina. We were assigned six counties. The weakest showing in any of our counties was 69%. The strongest was 80%. I want to thank each and every one of you who helped with that issue. The bond issue, the definitive statement for this university right now, means that we are indeed going to go to the next level. We will have the space, and hence will be able to develop a facility that will allow our faculty to grow as the tremendous scholars that they are. Without that bond issue it would have been a very different place indeed, and I know how hard all of you worked to assure that would happen. I want to congratulate and thank you.

Balancing that very positive occurrence, we heard the next day that Kermit Hall had indeed accepted the position as President of Utah State University. Kermit, as you know, has been an incredible academic leader at NC State and has both inspired the faculty and worked on behalf of the faculty in a very positive way. He has also been a very active and effective member of the leadership team. Losing Kermit at this stage is a blow to the university. On the other hand, we knew when Kermit came here, he was destined to be a CEO. As with all of our students and colleagues when they have opportunities elsewhere, we want to encourage that kind of behavior and wish them all the best. He will be here through the end of the year. I will be calling once again on Charlie Moreland to step in again as Interim Provost. I ask that you give me any suggestions for participation on the Search Committee in which we will be looking for a new Provost. I think we will be in a very good situation to find a very talented person with the passage of the bond issue. The Provost will have a lot more flexibility than he or she would have had in the absence of that. I believe we are in very good shape right now."

Chancellor Fox handed out a document on the copyright policy which was described at the Board of Governors meeting. In a very effective way, it defines what is available to the campus and what framework is available through the University of North Carolina system.

"I recognize that the second task given to me as Chief Executive Officer is dispute resolution and to set up a mechanism by which that can take place. The policy itself on copyright is a very simple one. The copyright rights policy was effective with work for hire last Friday. It says that you should not do anything that is inconsistent with the law, that nothing is intended to alter the existing policies, and the President is authorized to ask the Chancellors to provide implementation. Within the copyright policy itself, I think part of our achievements on behalf of the faculty and staff are that this allows for SPA personnel who contribute intellectually to participate in negotiations and to not necessarily assume that their activities are a work for hire. The university would automatically own whatever they do. That was a major achievement and it was one that was fought pretty hard on behalf of our staff. It provides as well all of the freedom that we asked for in negotiations for faculty and EPA non-faculty employees. I especially want to thank Vice-Chancellor Charlie Moreland for helping us to forge this policy and for working very closely with Kermit Hall in representing the views of the faculty and staff in this matter."

Vice-Chancellor Moreland commented that the next step is to write an implementation document. He and Provost Hall have asked Peggy Hoon from Scholarly Communication and David Drooz from Legal Affairs to begin drafting an implementation document consistent with what is on the first page of the report handed out by the Chancellor. He said they will work through the process and make sure that this is reviewed by the faculty and deans and others in the university before adopting it.

Chancellor Fox stated that with the completion of the bond, the campus is going to require a sequencing plan. Charlie Leffler, Associate Vice Chancellor for Facilities, and the Vice-Chancellor for Finance and Business will be leading an effort to look at implementation and sequencing strategy. "As you know, we are discussing some additional space and then moving faculty out of buildings so that they can be retrofit for others on the main campus. We will be discussing in the next six months a great deal of detail about how that will be accomplished, and how the next several years will allow us to have the additional space that we need and to have an upgrade to address our deferred maintenance backlog. The bonds funded only those things that relate to the academic mission of the university. There is another 38% of the capital needs of this university which are going to require alternate funding: for example, additional residence halls, additional student health centers, additional student centers. All of those will have to be funded in some way if we make a decision to go forward with them, either by using the existing streams from housing, for example, or requesting additional student fees in the future. All of those questions will have to be addressed in the next six months as well. Any input that you have on self-liquidating projects will be welcomed."

Chancellor Fox stated that one of the things that specifically is not funded by either self liquidating projects or by the bonds is intercollegiate athletic investments. "I can assure you that if you look at Carter Finley Stadium, the facilities there are among the weakest in the ACC. The Wolf Pack Club will initiate a campaign for intercollegiate athletics. They will be looking for $54.0M, which will be invested to put a football center at Carter Finley Stadium. It will as well put three practice fields at Carter Finley Stadium and thus allow the entire football program to move from on campus to our adjacent campus. In doing so, there are some other investments that are going to be made. The south end of Carter Finley Stadium will be converted from grassy banks to seats, consistent with the fact that everything was sold out this year. The Wolf Pack Club has also acquired the Medlin property which is adjacent to Carter Finley Stadium. That property will be a resource for the future to provide either parking or additional space for athletic facilities. The plan right now is that the football center will be approximately 8,000 square feet, which means that it will be possible to move the entire program from the Weisiger-Brown Building out to Carter Finley Stadium in approximately two and one half years. That will free up Weisiger-Brown, which means that some of the athletic programs that are currently in Case Athletic Center will move into Weisiger-Brown. We will provide enough space to address gender equity problems that are anticipated over the next five years, and will free up an entire floor of space in the Case Athletic Center which will be converted into academic support space.

Fifty-four million dollars is a lot of money, but it is coming entirely from donations. Secondly, the investment that we are making will, in fact, allow us to address very important issues for the success of our intercollegiate athletic program–namely a response to Title Nine gender equity issues and providing academic support space closer to the heart of the campus for our student athletes. Both of those will be addressed by the additional space that is created at Carter Finley Stadium.

In the wake of the public safety situation last summer, we were put on notice that within ninety days we had to account for re-management of the entire operation of Public Safety and to look at purchasing cards, etc. We are one half way through that ninety-day period, and I can assure you that we are indeed on track. We have submitted a report to General Administration Auditing, which suggests that we are fully deserving of the flexibility to be maintained as a function of the changes which have been implemented in Public Safety. There is an ongoing review about the use of purchasing cards and small purchases on campus. For example, a number of units have purchasing cards which are not being used. If they are not being used, it provides a liability for that unit in terms of potential audit and paper work. Part of what our internal auditor will be doing is looking at use patterns and trying to provide the kind of support that will make it easy to have the reassurance that the Legislature requires for the use of flexible funds while at the same time maintain as much flexibility as we can to assist in the conduct of your work."

Secretary Brown wanted to know if the staffing level in Facilities Design and Construction Management will be addressed during the building activity.

Chancellor Fox responded that we obviously will have to, particularly if we expand the number of students that we have which will generate additional semester credit hours in this twelve cell matrix that will allow us to have additional faculty appointments. "I do recognize that the bond issue does not per say address that. The bond issue only addresses capital facilities. So it is the additional students that we would take on that will allow that to be possible. Provost Hall had recommended that we do a pilot study which would involve the expansion of summer school as a way of generating additional semester credit hours. We together have argued that the compensation for faculty participating in summer school should be flexible, that is, it should go up in terms of the amount of money that would be reimbursed. Secondly, if we were to have a pilot which turned out to be successful so that the summer school turned into a complete trimester, faculty might in some cases have the option of taking off one of the spring or fall semesters and teaching in the summer if they wanted to do so. Or, we would also want to preserve the option of having to take overload in the summer, so that they would be compensated not just on a nine-month basis, but as an overload in the summer if they wanted to teach all three semesters."

Chair-Elect Carter wants to know how the money from the bond issue will be distributed to the university.

Chancellor Fox stated that the money is allocated over a five-year period. How fast it is distributed depends on the sequencing plan.

Senator Kimler wants to know if it is the Chancellor’s intent to have the Provost, Peggy Hoon, David Drooz, and Vice Chancellor Moreland write rules on the copyright issue for a body that will make determinations .

Chancellor Fox said it will be almost impossible to come up with definitions that are universally applicable. It is quite likely that just as there is an intellectual property committee that handles patents, that a similar situation would exist for copyright. She thinks there should be some guidelines so that there is some uniformity and understanding of what exceptional use might be.

5.    New Business
Resolution of Commendation to Professor Richard Ford
Chair-elect Carter read a resolution of commendation to Professor Richard Ford and moved that the resolution be adopted.

Chair-elect Carter noted that Professor Ford was recognized at the fall faculty meeting for his contributions to our country as an officer in the United States Air Force Reserve in his promotion to Brigadier General. Professor Ford was represented by representatives from the Navy ROTC, Air Force ROTC, and the Army ROTC.

The motion to adopt the resolution was seconded and passed without dissent.

6.    Reports
Resources and Environment
Intellectual Property Task Force Report
Peggy Hoon, Scholarly Communication Librarian, stated that the new policy reflects seven concerns that Chancellor Fox expressed to the other Chancellors and to General Administration about the policies that came out of the Intellectual Property Task Force. She and David Drooz plan to draft an implementation policy that will include a committee that will be primarily representative by the faculty.

Secretary Brown wants to know what the best way is to educate the campus at large on these issues.

Peggy stated that she primarily does a lot of copyright workshops on the use aspect. She thinks the first step in educating people is to let them know that there is a new policy, and that they need to take a look at it. She said one of the underlying messages is going to have to be early disclosure of works that are being created, and to get this settled in advance. If you are going to undertake a big course or project that is going to need a lot of university resources and there is some question about how much the university will own and who will be able to do what with what, the key is to get it settled in advance so that not a lot of resources, time, and energy are put into it.

Senator Wilson wants to know whom she needs to call to ask questions and what kind of materials will she need.

Vice Chancellor Moreland suggested that she call his office, and he will refer her to the right person.

Senator Brown stated that the Resources and Environment Committee will be talking with Kathy Hart, University Treasurer, about investments. She would like anyone with issues relating to that to contact a member of the committee.

Personnel Policy Committee
Senator Bottcher, Chair of the Personnel Policy Committee, began his comments by introducing Dr. Robert Sowell.

Dr. Robert Sowell is the Dean of the Graduate School and a Professor of Biological and Agricultural Engineering at North Carolina State University. He has also served as Acting Associate Provost and Dean of the Graduate School and Associate Dean of the Graduate School. He also served as Interim Head of the Department of Biological and Agricultural Engineering. He served several years as the Director of Graduate Programs in BAE. He has been highly recognized for his achievements in Research, Teaching, and Extension Programs in Biological and Agricultural Engineering.

Remarks from Dr. Robert Sowell, Dean of the Graduate School
"I would like to give you one perspective of our responsibility as Dean of the Graduate School and that is through our role of implementing graduate policy as established by the graduate faculty through your representatives on the Administrative Board of the Graduate School."

The Administrative Board of the Graduate School is advisory to the vice provost and dean of the Graduate School. The board includes representation from each of the colleges offering graduate programs and one representative each from the Faculty Senate and the Graduate Student Association. College representatives include one graduate faculty member elected by the graduate faculty of each college through election procedures that conform to those for Faculty Senators. In addition, the
Chancellor, after consultation with the Dean of the Graduate School, may appoint additional members to the board not to exceed one-half the number of elected members.

I look back at the year of 1997 as being a major event in the history of the Graduate School at NC State University, because that is the year the graduate student support plan and the full time enrollment plan for graduate education were implemented. The key issue in terms of the full time enrollment plan was that there would be a minimum credit hour requirement for doctoral students. There has always been a minimum credit hour requirement for master students. The minimum credit hour requirement for doctoral students was established as 72 hours with the understanding that 36 of those hours could be used from a masters program here at NC State in the same field. We always had a practice at NC State that a student could not be awarded a degree if he or she was not formally enrolled in that degree program at that level. We looked at our peer institutions and found that they were awarding masters degrees to doctoral students within that same field without students ever transferring. This was an issue that was before the Administrative Board of the Graduate School last year. The Board agreed that should be done here at NC State, so it was implemented last year. We have quite a few students here who would like to get a masters degree in a second field. Then the question came up of why can we not give those students a masters degree without transferring them over. A committee of the Administrative Board was appointed this summer. The committee met several times and bought a recommendation back to the Board this fall. It was approved by the Administrative Board last month. So that is now in effect, i.e., that a student can get a masters degree in a second field while being a student in a PhD program. In the field in which the masters degree is to be conferred, the Director of the Graduate Program will have to agree that the student has met requirements for that degree. Some examples of these are in the information technology, computer science, and computer engineering area. A student with very few extra courses could meet the requirements for a masters degree in computer networking and computer engineering in computer science. Very early this fall we had a request for a student to get a second masters degree within the same doctoral degree. How do we respond to this request, and more importantly how do we respond to that as a general policy? Our current handbook had the section that reads about using the 36 hours from a masters degree toward a doctoral. It says a masters degree. It does not say for one masters degree and it does not say for two or more masters degrees. The way we have interpreted that in the Graduate School is that we were not comfortable doing that without the advice of the Administrative Board. We appointed a committee of the Administrative Board and one faculty who was not a member of the board. They have taken a look at this issue and have come back to us with the recommendation that a student who is pursuing a PhD degree may get a masters degree in one field along the way and use that 36 hours, but they should not be allowed to get a second masters degree with the remainder of those credit hours that are contributing to the doctoral degree. The way this would play out is that the student could get two masters degree, but it would take a minimum of ninety credit hours to do that. This is the recommendation that has been bought to the board. We have asked the representatives to go back to the college committees and have a discussion of this and to come back within a month. If all the representatives are not comfortable that they have had ample opportunity to discuss it in their colleges within a month, they will be given more time. We think this is a very important decision, and we would like to make sure that everyone’s input is included."

Dr. Sowell stated that in order for a student to transfer from one degree program to another, the Director of Graduate Programs in both programs has to endorse that request. The student cannot transfer into a new program without first being released from the old program, and secondly being accepted.

Senator Wilson wants to know if there are going to be new course action forms. If so, will they be on the web?

Dr. Sowell stated that they have had a committee that has been dealing with this issue. They are expecting the committee to bring a report back. What they have now is not on the web, but it is downloadable so that it can be filled into a form.

Senator Bottcher reported that the committee had a very good discussion on Tuesday in the joint meeting with the Academic Policy Committee regarding the issue of Department Chairs versus Department Heads. They basically had a wide range of discussions on the merits. They decided that if they were going to pursue the issue, they would need to have some fact-finding before there could be any action. Senator Bottcher stated that the faculty should not be polled on this issue until they have a much more comprehensive understanding of it.

Senator Banks, Co-Chair of the Academic Policy Committee, added that Dr. John Ridddle will be attending the joint meeting of the Academic Policy and Personnel Policy Committees on Tuesday, November 21, to give them some historical background on this issue. Senator Banks invited the faculty to attend the meeting if they are interested in hearing what Dr. Riddle has to say.

Senator Bottcher reported that another issue that the Personnel Policy Committee addressed is the issue of graduate students’ stipend checks being direct deposited.

Esther Wilcox, President of the Graduate Student Association, reported that she met with a representative from the payroll office who seemed willing to work with the graduate students to get direct deposit for TA’s and RA’s. A major concern was that graduate students would drop out and the check would be deposited into their account even though they are no longer enrolled. She stated that it did not seem to be a big problem with Payroll. The departments will need to notify Payroll once a graduate student departs.

Academic Policy Committee (Report Attached)
Senator Kimler, Co-Chair of the Academic Policy Committee, reported that the committee met to discuss the fate of their resolution on Honors Convocation.

The committee will withdraw this resolution but will request Judy Peel’s office to organize a group together for faculty input representing the bodies of the various award categories, to include students as well.

Senator Kimler moved that the Resolution on Honors Convocation be withdrawn.

The motion to withdraw the resolution was seconded and passed without dissent.

Senator Kimler introduced Drs. Sharon Setzer and Kenneth Vickery as two new senators from the College of Humanities and Social Sciences.

Governance Committee
Senator Elmaghraby reported that the committee is about to come to a closure on the subject of mediation. They would like to establish the policies for it. The committee plans to present a report for first reading at the next Faculty Senate meeting.

Senator Elmaghraby expressed the committee’s gratitude to Mary Beth Kurz, University General Counsel, for her input. He feels that without her they would not have accomplished as much as they have.

7.    Issues of Concern
Senator Havner raised an issue of concern from Dr. Ken O. Beatty Jr., Reynolds Professor Emeritus of Chemical Engineering, that relates to policies about the use of the Bell Tower.

Chair Corbin assigned the issue of concern to the Resources and Environment Committee.

8.    Adjournment
Chair Corbin adjourned the meeting at 4:50 p.m.

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