MINUTES OF THE FACULTY HANDBOOK REVISION COMMITTEE
FRIDAY, October 13, 2006

MASON HALL, room D5, 12:00 � 2:00 p.m.

Present:� Kevin Avruch, Professor of Conflict Resolution and Anthropology, Institute for Conflict Analysis and Resolution; Lorraine Brown, Professor of English, College of Liberal Arts and Human Sciences and President of the AAUP Chapter of George Mason University; Rick Coffinberger, Associate Professor of Business and Legal Studies, School of Management, Chair; Dave Harr, Senior Associate Dean, School of Management; Marilyn Mobley, Associate Provost for Education Programs; David Rossell, Associate Provost for Personnel and Budget, ex-officio; Suzanne Slayden, Associate Professor of Chemistry and Biochemistry, College of Science.�

Absent: Martin Ford, Senior Associate Dean, College of Education and Human Development.

If you have corrections to the minutes of our previous meeting, September 22, 2006; please send to Meg; otherwise the minutes will be posted as is on the website.

Discussion:� Temporary/Short-Term Relief of Faculty From Duties and Responsibilities:

� Whether faculty may continue to perform some or all of duties, such as attendance at faculty meetings?� To add phrase �including classroom instruction.�

• For� reasons other than documented medical reasons, such as Family Medical Leave Act (FMLA)? This is relief of duties, not voluntary absence.� Need a separate FMLA section anyway; 2.10.2 .1 Medical Reasons falls under 2.10.2 Terminations.� To have a new medical section for temporary relief of duties; such as �reassignment of primary duties and responsibilities� to handle partial question.� Example used where faculty member teaches three classes; an incident occurs in one class; may still continue to teach other two classes.�
• To included �tenured� or �instructional faculty�?� Unintended effect of creating a two-tier system.� Concern expressed that faculty governance rests only with tenured faculty.� Trust department chair will select good people - whether tenured or not.�
• Do we need one last step to go to Faculty Grievance Committee?�� Support for Provost/designee as chief academic officer.� Advantage to having additional step � appeal exists.� How does Provost handle � does he assemble a committee?� Consensus to change from �President� to �Provost�, to add �or a designated representative�.
• Stalemate with four members � not enough without another step in situations where findings for exclusion.� Fifth member added from outside LAU.
• Situations in which rapid action must be taken; this is not a long deliberative process to fire someone; but a safeguarding process.
• 1994 Faculty Handbook antedates FMLA. Letter from Earl Ingram/Fred Rossini/Anita Taylor came out which clarified this.� To report to Faculty Senate or LAU only?� Need for confidentiality.� There should be some kind of notification to the FS � a faculty matter; note grievance procedure starts with chair of Faculty Senate who sets up a committee.�� Then even after Provost ruled, faculty member still has a way to appeal: to President; to Grievance Committee, or by lawsuit.� In findings of no exclusion, need to add �Chair of the� Faculty Senate� and �to the faculty of the person�s academic unit�.� Importance of confidentiality: faculty member may not wish to disclose decision.
• Need a separate section for FMLA references; FMLA controls some medical situations, not all. In Virginia there are both federal and state FMLA statutes.� Doesn�t federal law trump state law?� Often federal law is written loosely.

REVISION:� NEW 2.11.10 Temporary or Short-Term Relief of Faculty from Duties and Responsibilities (Non-Medical)

On occasion it might be determined that a faculty member is unable to carry out his or her duties or responsibilities, including classroom instruction.� If at this time a faculty member�s continued responsibilities, including classroom instruction, is judged by the Provost or a designated representative to constitute an immediate danger or serious threat of substantial damage to the faculty member, his or her colleagues, university staff,� or students, the faculty member will be relieved of his or her duties, including exclusion from the classroom, until such time as he or she can re-assume them.� �Temporary relief of duties� for documented medical reasons is described in more detail in Section 2.11.11 Temporary or Short-Term Relief of Faculty from Duties and Responsibilities (Medical).� �Permanent dismissal for cause� is described in Section 2.10.2.4 Dismissal of Tenure and Tenure-Track Faculty Members for Cause.� Re-assumption of duties may entail a reassignment of primary duties and responsibilities within the local academic unit or university.

To guard against abuse of this emergency authority, a committee of four faculty members will be elected from and by those of the same academic unit as the suspended person, plus one from outside this unit, within three days after any such relief of duties or classroom exclusion.� This committee will conduct a brief but careful, confidential, and thorough examination of the particulars of the case and report within three days to the Provost or designated representative.� Should the committee�s finding not support the relief of duties or classroom exclusion, this committee will report its findings to the chair of the Faculty Senate and to the faculty of the suspended person�s local academic unit.

Research Misconduct Policy Revision Discussion

� Four faculty representatives met all last year to work on new policy on research misconduct.

� Need to conform to federal grant regulations, similar to normal procedures.

� Big Three areas:� Plagiarism, Fabrication, and Falsification

� Problem in which some members of university community could be sanctioned because had federal funding; others without federal funding outside of process.

� SPP objection letter sent to Provost did not cite specific concerns

� Provost to appoint three deans/directors to Research Misconduct Committee.

� Deans/Directors� Meeting � three areas of concern:

� Written in short form, cut all the process out, then expanded upon.

� Other research policies such as �Human/Animal Subjects� � misconduct if handled with reckless disregard.�

� Mission Creep � too much VP of Research; other types of research beyond scientific research

2.11 Faculty Duties and Responsibilities:� Revisions

(Faculty Handbook Committee discussion in italics)

Revision:� NEW� 2.11.1 General Policy

Faculty are reminded that they are responsible for complying with university policies regarding data security, responsible use of computers, etc.� (Please see University Policies at: http://www3.gmu.edu/facstaff/policy/newpolicy/index.html ).

General Policies at: http://www3.gmu.edu/facstaff/policy/newpolicy/general.html

Administrative Policies at: http://www3.gmu.edu/facstaff/policy/newpolicy/admin.html

Academic Policies at:� http://www3.gmu.edu/facstaff/policy/newpolicy/academic.html

Research Policies at:� http://www3.gmu.edu/facstaff/policy/newpolicy/research.html

Facilities Policies at:� http://www3.gmu.edu/facstaff/policy/newpolicy/facilities.html

Student Policies at:� http://www3.gmu.edu/facstaff/policy/newpolicy/student.html

(At this time there are no contents in either academic or facilities policies, and several titles (such as copyright and patent) are not linked at this time.)

2.11.1 Professional Ethics- (new 2.11.2)

Although no set of rules or professional code can guarantee or take the place of a scholar's personal integrity, the University believes that the "Statement of Professional Ethics" and the "Statement on Plagiarism" promulgated by the American Association of University Professors serve as a reminder of the obligations assumed by all members of the professoriate (see Appendix C). In addition, faculty members are expected to adhere to the ethical standards of their respective professional associations while employed by the University.

(To verify whether AAUP �Statement of Professional Ethics� and �Statement on Plagiarism� have been revised.)

The GMU Policy on Misconduct in Research and Scholarship

(Should be part of Faculty Handbook; however revisions to Copyright Policy and Intellectual Property Rules may not be completed in time for inclusion in Faculty Handbook; divided whether should be part of Faculty Handbook or Faculty Information Guide.)

2.11.2 Faculty Work Assignments (new� 2.11.3)

Faculty work assignments consist primarily of teaching and scholarship, normally in a ratio of 3 to 1. Service to the University (as described in 2.4.4) is also a component of the full-time faculty work assignment.

Each The faculty of each local academic unit prepares and maintains a plan for the equitable allocation of teaching and scholarly activities which will be components of the individual work assignments of its faculty. For the purposes of meeting institutional needs while ensuring fairness and equity throughout the University, the plan of each local unit is prepared in consultation with the appropriate collegiate dean/director and/or the Provost. The 3:1 ratio referred to above may be altered by various factors: e.g., research, supervision of BIS or MAIS projects or their equivalent, university service assignments of a particularly time- consuming nature, or significant service to the profession (see Section 2.4.3).

Faculty may use their unit's grievance procedure to address disputes about work assignments. If the grievance is against the chair, the unit's grievance committee is advisory to the dean/director. If the grievance is against the collegiate dean or institute director, then the appeal will be to the Provost or his/her designee. In all cases, the Provost's decision is final.

2.11.3 Faculty Absences from Class (new 2.11.4)

Except for illnesses and other emergencies, faculty members should must arrange in advance for absences and notify their local unit administrator. Faculty members should arrange for qualified colleagues to assume their duties temporarily and/or leave appropriate assignments for their students. In emergencies they should make every effort to notify class members and the local unit or program office as soon as practicable.

Informal use of �20 minute rule� in which students know they can leave if faculty member does not arrive 20 minutes after class scheduled to begin; assume an emergency situation arose.� Protocol:� try to get a substitute, arrange for signage, inform students by email, use a phone tree, perhaps to include in FIG?�

CHANGES TO SECTION NUMBERS SECTION 2.11 as follows:

NEW � UNDER REVISION	2.11.1	General Policy
add: GMU POLICY ON MISCONDUCT IN RESEARCH & SCHOLARSHIP	2.11.2	Professional Ethics (formerly 2.11.1)
REVISED � 9-8-06, 10-13-06	2.11.3	Faculty Work Assignments (formerly 2.11.2)
REVISION � 10-13-06	2.11.4	Faculty Absences from Class (formerly 2.11.3)
UNDER REVISION � 10-13-06	2.11.5	Faculty Availability for Orientation and Advising (formerly 2.11.4)
SAME � 10-13-06	2.11.6	Faculty Responsibility Under the Honor Code (formerly 2.11.5)
	2.11.7	SCHOLARLY ACTIVITIES (formerly 2.11.6)
ADD � 10-13-06	2.11.7.1	General Policies (formerly 2.11.6.1)
UNDER REVISION � 10-13-06	2.11.7.2	Policy on Copyright and Patent of Faculty Work (formerly 2.11.6.2)
SAME � 10-13-06	2.11.8	Political Candidacy (formerly 2.11.7)
ADD �� �Full time IF Teaching at other Institutions�- w. revisions	2.11.9	Outside Employment and/or Business Interests (formerly 2.11.8)
NEW	2.11.10	Temporary or Short Term Relief of Faculty from
		Duties and Responsibilities (Non-Medical)
NEW	2.11.11	Temporary or Short Term Relief of Faculty from
		Duties and Responsibilities (Medical)

Tenure Clock Question email from Faculty Matters Committee: � � has asked the Faculty Matters Committee to consider a motion that would automatically add a year to a tenure-line faculty member's tenure probationary period if she or, for a male faculty member, his wife gives birth or if they adopt a child.  There are obviously a number of issues to look into, e.g., should there be a limit to the number of times, how does it mesh with leave policy, etc.  To do a quick survey of some other Virginia colleges and universities and local ones to see if they have any such policies and what they are.  The survey does not have to be exhaustive; we are simply trying to get some idea of what might be "traditional" policies concerning this issue....  proposal does not specify married couples, but simply states that tenure-line faculty (men and women) who become parents or adopt a child have this benefit��

� How to address situation in which faculty member wants to stop tenure-clock, but continue teaching with a reduced load?

� �Automatically� troubling.

� Tenure Clock section to be included in the revised Faculty Handbook.

� Question also relates to FMLA.

AGENDA FOR MEETING � OCTOBER 27:

• 2.3 Recruitment and Appointment of Faculty � Dave Harr to confer with Martin Ford
• 2.4 Criteria for Evaluation of Faculty � Marilyn Mobley
• 2.6 Annual Evaluations � Rick Coffinberger

Respectfully submitted,

Meg Caniano

Clerk, Faculty Senate