1995-96                  UNIVERSITY OF MINNESOTA                        No. 2
                         FACULTY SENATE MINUTES

                           FEBRUARY 15, 1996

      The second meeting of the Faculty Senate for 1995-96 was convened in the 
Cowles Auditorium, Humphrey Center, Minneapolis campus, on Thursday, February 
15, 1996, at 4:15 p.m.  Checking or signing the roll as present were 124 
voting faculty members, 7 ex officio members, and 6 nonmembers.  President 
Nils Hasselmo presided.

                  I. MINUTES FOR NOVEMBER 16, 1995
                                 Action

                                                                      APPROVED


                        II.  TENURE DISCUSSION

      Professor John Adams, chair of the Tenure Working Group, reviewed the 
activities to date of the various committees involved in the tenure review, 
outlined a tentative timeline, and described some of the issues under 
discussion, including:

      -    the inclusion of a new introduction to the Tenure Code which will 
           serve an educational purpose for both internal and external 
           audiences 
      -    procedural adjustments to reflect the existence of the provostal 
           system
      -    the reemphasis of system-wide tenure
      -    the need to distinguish between base salary and temporary 
           augmentations 
      -    the need to clarify the consequences for an employee refusing to 
           accept new assignments in the face of programmatic change
      -    improving and streamlining the judicial process  
      -    post-tenure reviews
      -    review of academic classifications
      -    extending the probationary period in some units

      Professor Adams added that some members of the Board of Regents and 
legislators have expressed an interest in knowing more about how tenure is 
awarded.  This is not very well understood outside the institution, he said, 
and is another issue the Working Group is addressing.  

      One senator commented that suspension without pay during termination 
proceedings is contrary to the presumption of innocence until proven guilty 
theory and asked Professor Adams to explain the rationale behind the 
suggestion.  Currently, when termination proceedings are under way, responded 
Professor Adams, there is no incentive on the part of the person being charged 
to settle because his/her pay continues.  The Working Group believes 
suspending an employee's pay during the proceedings would provide that 
incentive.

      Another person noted that in termination cases when the "cause" is 
academic there is a procedure of peer review before administrative discipline.  
However, when the "cause" is non-academic there isn't a peer review.  Because 
of this the only opportunity for peer review in these instances comes after a 
person has been terminated and then appeals to the Judicial Committee.  If the 
proposal states that at a certain point pay can be suspended, it would mean 
that the processes referred to have been entirely administrative processes 
that do not allow the accused faculty member to respond or to have an 
opportunity before a jury of his/her peers.

      Professor Dempsey, chair of the Tenure Subcommittee, thanked the senator 
for the comment and said the committee will take this issue into 
consideration.  

      Another senator said he was pleased to hear that the location of tenure 
appeared to be resolved and that it would  remain at the University level.  
What are the anticipated next steps?

      Professor Adams said the Working Group will be meeting soon with 
representatives from the Academic Health Center to discuss their specific 
needs.  Also, two additional Faculty Senate Forums on Tenure have been 
scheduled for March 6 and March 14.  By mid-March, the Tenure Subcommittee 
expects to have some amendments prepared with the expectation they will be 
brought to the Faculty Senate for review and discussion in April with possible 
action in May.  Proposed amendments will be widely circulated, he assured 
senators. 

      Responding to a question concerning performance goals, Professor Adams 
explained that the issue of performance is related to the Legislature's desire 
to know how public dollars are being spent and what are reasonable 
expectations from a public university.  The administration is addressing this 
in a variety of ways, he said, including the development of critical measures 
and performance goals and the review of human resources and other University 
policies.

      There has been some discussion about the willingness of faculty to 
accept reassignment when programmatic change is necessary, observed a senator, 
but one issue that has not been raised in connection with this is a faculty 
member's professional code of ethics concerning teaching something he or she 
does not feel qualified to teach. There should be some provision in the Tenure 
Code to address this issue.

      When asked to elaborate on the triggering mechanisms for post-tenure 
reviews and to identify what determines a special case, Professor Adams 
replied that the committee is still working through those issues and is 
gathering information from other universities around the country.  An example, 
however, of a trigger mechanism might be if someone has not received a merit 
raise in five years.  

      Before closing, Professor Adams encouraged senators to attend the March 
forums and to continue to submit comments to the Working Group, Tenure 
Subcommittee or Faculty Affairs Committee.  


                             III.  OLD BUSINESS

                                    NONE


                             IV.  NEW BUSINESS

                                    NONE


                              V. ADJOURNMENT

      The meeting was adjourned at 4:50 p.m.

                                                               Martha Kvanbeck
                                                                    Abstractor