1993-94 UNIVERSITY OF MINNESOTA No. 4
FACULTY SENATE MINUTES
MAY 19, 1994
The fourth meeting of the Faculty Senate for 1993-94, was convened in 25
Law Center, Minneapolis campus, on Thursday, May 19, 1994, at 3:20 p.m.
(immediately following the University Senate meeting). Coordinate campuses
were linked by telephone. Checking or signing the roll as present were 116
voting faculty members. President Nils Hasselmo, presided.
I. MINUTES FOR FEBRUARY 17, 1994
Action
APPROVED
II. ADMINISTRATIVE RESPONSE TO FACULTY SENATE ACTIONS
Information
A. Conflict of Interest Policy
Approved by: the Faculty Senate on February 17, 1994
the Administration on March 9, 1994
the Board of Regents on April 8, 1994
III. ELECTION OF VICE CHAIR FOR 1994-95
Action
The Constitution provides that a vice chair be elected by the Senate at
its spring quarter meeting for a term of one year from among its members.
[In the instance when a faculty member is elected vice chair of the
University Senate, that individual shall also serve as vice chair of the
Faculty Senate.]
DISCUSSION:
Professor Sheila-Corcoran Perry will serve as the vice chair of the
Faculty Senate during 1994-95.
ACTION NOT REQUIRED
IV. FACULTY CONSULTATIVE COMMITTEE
FACULTY AFFAIRS COMMITTEE
JUDICIAL COMMITTEE
EQUAL EMPLOYMENT OPPORTUNITY FOR WOMEN COMMITTEE
Regulations Concerning Faculty Tenure
Caregiving Responsibility
Action
MOTION:
To amend Section 5.5 of the Regulations Concerning Faculty
Tenure, as follows: (new language is CAPITALIZED; language to be
deleted is [bracketed])
5.5 Exception for New Parent or Caregiving
The maximum period of probationary service will be
extended by one year at the request of a probationary
faculty member (1) on the occasion of the birth of that
faculty member's child or adoptive/foster placement of a
child with that faculty member, OR (2) WHEN THE FACULTY
MEMBER IS A MAJOR CAREGIVER FOR AFAMILY MEMBER* WHO HAS
AN EXTENDED SERIOUS ILLNESS, INJURY, OR OTHER
DEBILITATING CONDITION. A faculty member may use this
provision no more than two times. The request for
extension must be made in writing within [three months of
the birth or adoptive/foster placement of the child]
EVENTS GIVING RISE TO THE CLAIM and no later than June 30
preceding the year a final decision would otherwise be
made on an appointment with indefinite tenure for that
faculty member.
*THE TERM "FAMILY MEMBER" IS MEANT TO INCLUDE A BLOOD
RELATIVE, OR A MARITAL PARTNER, OR A DOMESTIC PARTNER
(REGISTERED WITH THE UNIVERSITY), OR AN ADOPTIVE/FOSTER
CHILD.
FOR INFORMATION:
If the above motion is approved, the Faculty Affairs Committee
(as successor to the Tenure Committee) proposes to add under
Interpretations of the Regulations Concerning Faculty Tenure an
Interpretation of Section 5.5--Major Caregiving Responsibilities,
as follows: (new language is CAPITALIZED)
INTERPRETATION OF SECTION 5.5 - MAJOR CAREGIVING RESPONSIBILITIES
A REQUEST FOR EXTENSION OF THE MAXIMUM PROBATIONARY
PERIOD FOR MAJOR CAREGIVING RESPONSIBILITIES SHOULD BE
MADE ONLY IF THOSE RESPONSIBILITIES ARE VERY SUBSTANTIAL
AND CONTINUE OVER AN EXTENDED PERIOD OF TIME. THE
PROBATIONARY FACULTY MEMBER MUST SUBMIT A WRITTEN
APPLICATION TO THE HEAD OF THE ACADEMIC UNIT, WHO WILL
FORWARD IT FOR ACTION AND APPROVAL THROUGH THE
APPROPRIATE UNIVERSITY CHANNELS. IF AN ADMINISTRATOR
DOES NOT APPROVE THE REQUEST, THE FACULTY MEMBER MAY FILE
A GRIEVANCE UNDER APPLICABLE UNIVERSITY POLICIES.
COMMENT:
These amendments to the Regulations Concerning Faculty Tenure are designed to
implement the process called "stopping the tenure clock" by a probationary
faculty member upon becoming a major caregiver for a family member. Family
members include blood relatives, marital partners, domestic partners, or
adoptive/foster children. Domestic partners must be registered with the
University, in accord with current policies regarding eligibility for
employee benefits.
Currently, Section 5.5 permits a faculty member to "stop the tenure clock"
when s/he becomes a new parent. However, in order to "stop the tenure
clock," a major caregiver must at present request a special appointment for
less than two- thirds time of an academic year and can "stop the tenure
clock" for a maximum of two years (see Section 5.3 of the Regulations). These
amendments to Section 5.5 permit either a new parent or a major caregiver to
extend the probationary period for up to two years (one year at atime) while
retaining a full-time appointment. The request for extension of the
probationary period must be reasonably contemporaneous with the event giving
rise to the claim, i.e., within three months. The request must also be made
by a specific date (June 30) in the year preceding the one of final decision.
A request made at a later date would interfere with the final review process.
The new interpretation of Section 5.5 specifies that the "tenure clock" will
be stopped only for substantial and prolonged caregiving responsibilities.
The interpretation also outlines the application process to be used by a
faculty member to "stop the clock."
These amendments are in accord with recommendations developed by the Senate
Equal Employment Opportunity for Women Committee (EEOWC), following extensive
local sudy and review of similar policies established by other large
educational institutions.
The recommendations of the EEOWC and these implementing amendments have been
approved by the EEOWC, the Faculty Consultative Committee, the Senate Faculty
Affairs Committee, the Senate Judicial Committee, and the Tenure
Subcommittee.
JUDITH GARRARD, Chair
Faculty Consultative Committee
CARL ADAMS, Chair
Faculty Affairs Committee
DAVID WARD, Chair
Judicial Committee
MARIAH SNYDER, Chair
Equal Employment Opportunity
for Women Committee
DISCUSSION:
Professor Mary Dempsey, Chair of the Tenure Subcommittee, presented the
motion concerning stopping the tenure clock for caregiving responsibilities.
She reviewed the portion of the motion under the "comment" section that
outlines the rationale for the proposal, and then invited comments or
questions. In response to a question concerning the definition of "blood
relative," Professor Dempsey said the committee chose not to be too specific
with the thought that it should be left to the interpretation of the head of
the faculty member's academic unit. Hearing no further questions, the motion
was approved by a majority of members present and voting.
APPROVED
V. FACULTY CONSULTATIVE COMMITTEE
FACULTY AFFAIRS COMMITTEE
JUDICIAL COMMITTEE
Regulations Concerning Faculty Tenure
Preliminary Proceedings/Formal Action
Action
MOTION 1:
To amend Section 14.1 of the Regulations Concerning Faculty Tenure, as
follows: ( new language is CAPITALIZED; language to be deleted is [bracketed])
Section 14.1 Preliminary Proceedings
Only a dean . . .
. . .
Both the administrator and the faculty member may submit their views, in
person or in writing, to the body making the recommendation, but neither of
them may participate in the deliberation or vote. The body making the
recommendation makes a written report to the administrator WITHIN 40 DAYS OF
SUBMISSION OF THE ISSUE TO IT, indicating the number of votes for and against
the proposed action and the reasons articulated. [After considering] WITHIN
15 DAYS AFTER RECEIVING the report, the administrator makes a written
recommendation to the Vice President. The recommendation must include a copy
of the report of the panel or of the tenured faculty, as the case may be. A
copy of the report must be sent to the faculty member.
MOTION 2:
To amend Section 14.2 of the Regulations Concerning Faculty Tenure, as
follows: (new language is CAPITALIZED; language to be deleted is [bracketed])
Section 14.2 Formal Action
After receiving the administrator's recommendation, and giving the faculty
member an opportunity to comment, the Vice President will decide whether to
proceed. If the Vice President [decides] DOES not TO proceed WITHIN 40 DAYS,
the charges are dropped and the faculty member and the academic unit are so
notified in writing. If the Vice President decides to proceed with formal
action, the Vice President must give written notice to the faculty member. . .
If the faculty member does not request a hearing within 30 days, the
President may take the action proposed in the Vice President's notice,
without further right to a hearing.
COMMENT:
Sections 14.1 and 14.2 of the Regulations Concerning Faculty Tenure are
concerned with the procedures to be followed in cases of unrequested leave of
absence, termination, or suspension of a tenured faculty member for cause.
Section 14.2 provides for a timely response by a faculty member to a formal
notice of actions to be taken by the administration following the report of a
Preliminary Proceeding (Section 14.1). Currently, there are NO time limits
in the Regulations (Sections 14.1 and 14.2) for sending the report of the
Preliminary Proceedings to the administration or for the administration to
send the formal action notice to a faculty member. Therefore, the Tenure
Subcommittee of the Senate Faculty Affairs Committee developed these
amendments to Sections 14.1 and 14.2 to provide reasonable time limits for
events occurring after a Preliminary Proceeding.
These amendments have been approved by the Faculty Consultative Committee,
the Faculty Affairs Committee, and the Judicial Committee.
JUDITH GARRARD, Chair
Faculty Consultative Committee
CARL ADAMS, Chair
Faculty Affairs Committee
DAVID WARD, Chair
Judicial Committee
DISCUSSION:
Professor Mary Dempsey also presented the motions to amend sections 14.1
and 14.2 of the Tenure Code. Again, she directed the Senate's attention to
the commentary section for background and the rationale for the proposal. No
comments or questions were forthcoming. Both motions were then approved by a
majority of members present and voting.
APPROVED
VI. OLD BUSINESS
NONE
VII. NEW BUSINESS
A senator expressed concern about the large increase in fringe benefit costs
for graduate assistant positions, noting that it may undermine the
University's capacity to expand and strengthen its graduate research
educational mission. President Hasselmo responded that the increase is due to
new federal regulations and that he too shares the senator's concerns. He
will pass the message on to the Senior Vice President for Academic Affairs.
VIII. ADJOURNMENT
The meeting was adjourned at 3:30 p.m.
Martha Kvanbeck
Abstractor