MINUTES OF THE FACULTY HANDBOOK REVISION
COMMITTEE
FRIDAY, October 27, 2006
MASON HALL, room D5, 12:00 –
1:15 p.m.
Present: Kevin Avruch, Associate Director and Professor of Conflict Resolution
and Anthropology, Institute for Conflict Analysis and Resolution; Rick
Coffinberger, Associate Professor of Business and Legal Studies, School of
Management, Chair; Martin Ford, Senior Associate Dean, College
of Education and Human Development; Dave Harr, Senior Associate Dean, School of
Management; Marilyn Mobley, Associate Provost for Education Programs and
Associate Professor of English; Suzanne Slayden, Associate Professor of
Chemistry and Biochemistry, College of Science.
Absent:
Lorraine Brown, Professor of English, College of Humanities and Social
Sciences and President of the AAUP Chapter of George Mason University; David
Rossell, Associate Provost for Personnel and Budget, ex-officio.
Revision to Draft Minutes October 13,
2006: Proposed revisions to Sections 2.11.4 Faculty Availability for
Orientation and Advising (new 2.11.5) through 2.11.8 Outside Employment and/or
Business Interests (new 2.11.9)
removed from October 13, 2006 draft minutes for inclusion in later draft
minutes as they are discussed.
Update on Research Misconduct Policy Committee – Suzanne
Slayden: Barry Stevens to report
back once Deans/Directors named to
Research Misconduct Committee known.
Revision to
second paragraph of draft text 2.11.10
Temporary or Short-Term Relief of Faculty from Duties and Responsibilities
(Non-Medical): to address
privacy concerns of faculty member. New
proposed wording in red; placement of revised
safeguard clause at beginning of second sentence:
Unless
waived by the faculty member, 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. To safeguard use of this emergency authority, 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.
Discussion: 2.10 Policies Relating to Severance
·
Kevin Avruch
and David Rossell met recently – a long section – will take some time.
·
Deletion of
1994 Section 2.10.2.1 Medical Reasons (under Section
2.10 Terminations) in
its entirety as it is rendered moot under the FMLA Act; to address in a new
section under 2.11 Faculty
Duties and Responsibilities.
·
2.10.2.4
Dismissal of Tenured Faculty –
request Lorraine Brown, as president of GMU Chapter of AAUP, and Suzanne
Slayden, as Chair of the Faculty Senate, to join in any redrafts.
·
To check on
Virginia FMLA statute.
·
To add new
section 2.11.11
Temporary or Short-Term Relief from Duties and Responsibilities (Medical)
·
“Temporary or
short term relief from faculty duties or responsibilities for medical reasons
are covered under the Family and Medical Leave Act (FMLA). Details about this can be found at the
website: http://hr.gmu.edu/gen-info/fmla.shtml
The FMLA describes
the federal regulations regarding job-protected leave to eligible employees for
certain family and medical reasons. In
consideration of instructional faculty duties and responsibilities, related to
workloads and the university’s academic calendar, whenever possible the
university will attempt to adapt the FMLA to the academic calendar and the
family member’s needs.
Family and
Medical Leave Act (FMLA)
from HR website reprinted below:
FAMILY AND MEDICAL LEAVE ACT (FMLA)
Employees who have been employed with George Mason University for at least a year, and who have worked at least 1,250 hours during that year, are covered by the Family and Medical Leave Act (FMLA). Under FMLA, the University is required to provide up to twelve weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons. These reasons include:
Accrued paid leave, such as annual leave or sick leave (as certified medically appropriate), may be substituted for unpaid leave.
Under FMLA regulations, the definition of "serious health condition" has been clarified to include inpatient care in a hospital or similar facility or continuing treatment by a health care provider. With continuing treatment, the period of incapacity must last for three consecutive calendar days. With respect to two chronic diseases, diabetes and asthma, the period of incapacity can be less than three days. Several conditions have been excluded from the definition of serious health condition: flu, common cold, upset stomach and routine dental problems. Stress by itself does not quality, but mental illness resulting from stress may be a serious health problem.
Under FMLA, the employer must notify the employee that it is designating an absence as FMLA within two business days of an employer's learning that leave is being taken for a purpose covered by FMLA. If the employer fails to notify the employee or to designate the absence, the employer cannot do so retroactively. Employers can designate leave as FMLA leave after an employee has returned to work if the employer did not learn of the reason for the absence until the employee's return or the employer made a preliminary decision pending receipt of medical certification.
_______________________________________________________________________________________
·
Human
Resources is working on this policy; problem with such loose, non-regulatory
language; does not reflect timing/nature of duties of instructional
faculty. In the past GMU has protected
institutional needs in cases where eight weeks leave needed, given a semester
off.
·
To add link to Department of Labor website which
contains explanations from federal agencies.
From email from Rick Coffinberger 10/28/06: The Department of
Labor's web page includes links to the Family and Medical Leave Act (FMLA) in
the U.S. Code; to the DOL regulations for the FMLA; the Special Rules for
Returning Reservists; and Frequently Asked Questions about the Act. The
URL is: http://www.dol.gov/esa/whd/fmla/ I recommend that we include this in our
Handbook section on Temporary Exclusion from the Classroom (Medical) as we
discussed yesterday.
New Section
2.11.12: Short- and Long-Term
Disability needed.
Unless excused by the local unit
administrator, faculty are expected to be available for advising and other
duties during the week preceding the start of each
semester. Faculty are also expected to be accessible at the conclusion
of the semester to answer questions which might arise about grades. In keeping with Virginia policy, the University may,
under special circumstances, occasionally need to call upon a faculty member up
to two weeks prior to the start or following the close of a semester.
{Why is there “Orientation” in
the title of this section??}
{What is “Virginia policy”?}
{Omit “during the week”?}
Discussion:
·
Orientation has been taken over so much by the
University.
· What is Virginia policy to which this refers?
· Text from Faculty Offer Letter Template- Tenure-Track/Probationary (revised March 30, 2006): [Effective dates for 9-month appointments:August 25, 200X through May 24, 200X; Fall Semester: August 25, 200X through January 9, 200X; Spring Semester:January 10, 200X through May 24, 200X.] . For 9-month academic year appointments, insert: Classes begin August XX, 200x. You are expected to be available two weeks before classes begin and two weeks after classes end.]
·
March 2006 offer letter uses term “available.”
Distinction between availability and physical presence in world of email, etc.
·
Some professional organizations hold meetings in
August.
·
Deans frequently asked by new faculty “What does
available mean?” Some schools have an official faculty orientation session a
few days before classes begin.
·
General faculty meetings in the 1970s’ held a week
before classes began.
·
May 24th may well fall beyond two weeks
after the end of classes; exam week/reading days last ten days.
·
Historically more of a problem with adjunct faculty
who take off.
·
Faculty teaching summer term remain.
·
New faculty are often here earlier than two weeks
prior to classes as need to set up offices, etc.
·
Unsure how much of problem it is, some units may be
heavy-handed about this.
·
In one unit (nine month) term and tenure-track
faculty were leaned on to do menial work during the summer; a local problem
which should be taken to the grievance committee. If file such a grievance, will the chair hold it against
them? Problem not confined to term or
tenure-track faculty, may apply to all nine-month faculty.
·
“advising and other duties” – most advising usually occurs around registration times in
November and April,; also in terms of professional development; doesn’t specify
what other duties are.
·
To revise wording to follow FIG language (Academic
Year Appointments (9 months)/Fiscal Year Appointments (12 months)
Since the founding of the University, the Honor Code has been and remains a part of the educational process at George Mason. Although the students are primarily responsible for preserving and enforcing the code, the faculty share common interests with the students in matters of academic integrity.
It is the responsibility of all faculty members to carry out tests and examinations in accordance with the provisions of the code. The full code is set forth in Appendix D, and the faculty role is outlined in it. Faculty are expected to support and abide by the Honor Code and to give encouragement to students in their pursuit of its goals and stipulations.
Discussion: New honor code (May
2003) revised judicial procedures. Not
to lie, cheat, steal, etc. re academic work.
At University of Virginia, vast majority of faculty elect NOT to follow
Honor Code as too draconian. To put in
Faculty Handbook makes it a contractual statement; retain wording “expected to”. Sometimes faculty prefer to handle student suspected of cheating
directly. There is more text in GMU
Catalog for students. Even if process takes a long time, GMU Honor Code not
seen as draconian. Honor Code may not
spell out provisions clearly. Faculty
are encouraged to include statement on class syllabus about the Honor Code. TURNITIN takes (plagiarism) to a new
level.
From Honor Code (May, 2003) IV.
Responsibilities of the Faculty:
Faculty members have a responsibility for maintaining the integrity of the
learning and testing process. They
should explain at the beginning of each semester what would be considered an
integrity violation in their course. Special
attention should be given to the subject of plagiarism.
Revision: (new) 2.11.6 Faculty Responsibility Under the Honor Code
Since the founding of the University, the Honor Code has
been and remains a part of the educational process at George Mason. Although
the students are primarily responsible for preserving and enforcing the code,
the faculty share common interests with the students in matters of academic
integrity.
Faculty are expected to support and abide by the Honor Code and to give
encouragement to students in their pursuit of its goals and stipulations. The
full code is set forth in Appendix
D, and the faculty role is outlined in it.
Discussion: 2.10.1
Resignation or Retirement
A year or so ago, a retiring faculty member was taken off the payroll (December 31) prior to retirement date (January 25th). May not be a Faculty Handbook issue, but to include a reference to HR or Virginia state policies if needed?
Respectfully submitted,
Meg Caniano
Clerk, Faculty Senate