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September 24, 2013

1. Call to Order
Chair Zonderman called the third meeting of the sixtieth session of the NC State Faculty Senate to order at 3 p.m.

2. Remarks
Chair Zonderman reminded the faculty that open enrollment for the State Health Plan begins October 1st and anyone with concerns should contact the State Health Plan or their State representative.

Chair Zonderman reported that the university is making a big push for full compliance on federal grants requiring the necessary training.  The push is from now until December and it involves not only federal grants, but also EPA, OSHA, and the US Chemical Safety Board.  

3. Approval of the Minutes, Meeting No. 2, September 10, 2013
The minutes were approved as amended.

4. Provost Remarks and Q/A
Provost Arden reported that they are currently moving through budget cuts and one thing that concerns him is the loss of some vacant faculty positions.

Enrollment Planning
Provost Arden stated that he has come to recognize over the years that enrollment planning is critically important.  It is critically important to understand that the impact of our enrollment plan and our ability to achieve that plan, not just in terms of its impact on us financially, but in terms of the way it shapes us as an institution. 

5.  UNC General Education Council
Immediate Past Chair Hans Kellner announced that Past Provost Nielsen has written a book about his time as Provost at NC State and it is available on Amazon if anyone is interested in purchasing it.  

Past Chair Kellner urged the faculty to start talking to people about running for the Senate, Grievance, Hearing and Chair-Elect of the Faculty. 

Past Chair Kellner reported that there was a Faculty Assembly meeting on Friday and the theme was “security.”  The General Education Council was also discussed.  Last year the Board of Governors put out a strategic plan for the University System.  The plan included a number of comments regarding curriculum which involved a number of action steps that were controversial.   President Ross decided that it was best to show that GA was moving into action and, to that end, he set up a General Education Council made up of administrators and faculty from every unit in the system.  Past Chair Kellner and Dr. Mike Mullen will represent NC State.  

6. Supreme Court of the United States (SCOTUS)  “Fisher” Decision
Vice Chancellor Eileen Goldgeier  reported that this summer the Supreme Court  decided an academic diversity student admissions case that was anticipated to be a block buster case, but it turned out not to be such a case.   She reminded the faculty of the four essential freedoms that the university has. 

Vice Chancellor Goldgeier explained that Abigail Fisher applied for admission to the University of Texas at Austin and was denied.  She claimed she was denied on the basis of her race; she was a white female.  Her claim was that the University of Texas used race in an unconstitutional way to deny her admission. 

What was the Fisher case?

The State of Texas came out with a 10% plan which means the top ten percent of students who graduate in their public high school are entitled to admissions to one of the state public universities.  The University of Texas at Austin was able to fill its freshmen class almost 80% with the top 10% plan.  Demographics are very different in Texas than they are in North Carolina, so they had a very diverse class in that 75 or 80 percent.   Fisher did not graduate in the top 10% of her class, therefore she got a review that the non-top ten get, which was called the Holistic Review (which is what we do on our campus).  

Vice Chancellor Goldgeier stated that who gets to study here is considered an academic decision.  The courts will always defer to universities as it relates to academic decisions, but there is some waiver about how much deference a university gets. 

7. Enrollment Planning
Senior Vice Provost Duane Larick reported on the enrollment planning process.

Vice Provost Larick stated that the UNC System is a biennium enrollment planning process.  NC State submitted a two year enrollment plan last year for 2013-14 and 2014-15, and we are in the second year of that.   We have an opportunity, hopefully, to reconsider the plan for fall of 2014, because historically the administration receives a request from GA asking us to look at the university’s census data from 2013 to see if adjustments need to be made for 2014.

8. Old/New Business
Resolution on Diverse Student Body

The resolution was presented for a first reading. 

After much discussion the Senate passed a motion with unanimous consent to accept the first reading of the amended resolution. 

Business Licenses for Faculty
Dr. Marie Davidian raised a concern about Business Licenses for Faculty.  She stated that a Processing Company out of Fresno California has been retained by MuniServices, LLC, a company contracted by the City of Raleigh to conduct a formal review looking for businesses that may be operating in the City of Raleigh without a license.  She was asked to respond to a letter that she received within thirty days stating whether or not she is operating a business and if so she would need to pay the business license tax.   She noted that she has given talks, have served on advisory committees, and she has also served on NRH study sessions where she receive honorariums. 

Dr. Davidian stated that she wanted to make the faculty aware of this concern because they need to be protected against this happening to them.

Chair Zonderman stated that the Executive Committee will draft a letter of concern to the General Counsel stating that this could be a potential concern to other faculty members.

9. General Faculty Meeting
Chair Zonderman encouraged the faculty to attend the General Faculty meeting on Tuesday, October 8th in G20 Kamphoefner Hall.  

10. Adjourn
A motion passed to adjourn the meeting at 4:46 p.m.

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