MINUTES OF THE FACULTY HANDBOOK REVISION COMMITTEE
Wednesday, August
6, 2008
Mason Hall, room
D5; 10:00 a.m. – 3:00 p.m.
Present: Kevin Avruch, Associate Director and Professor of Conflict Resolution, Institute for Conflict Analysis and Resolution; Lorraine Brown, Professor of English, College of Humanities and Social Sciences; 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; Suzanne Slayden, Associate Professor of Chemistry and Biochemistry, College of Science*. (*participated by teleconference)
The Committee has received and reviewed a list of revisions suggested by Provost Stearns (which included some from Associate University Counsel Brian Walther) at a joint meeting held Thursday, July 31, 2008 in Mason Hall, room D107. On Monday, August 4th, Brian Walther sent the committee a completed list of suggested revisions for consideration.. Lorraine Brown, past-president of the GMU Chapter of the AAUP, has also provided a list of suggested revisions/areas of concerns from AAUP consultants' review of the 2009 Faculty Handbook revision template in its entirety. The disposition of each suggestion (accepted, not accepted, revised/rephrased) made will be communicated to the Provost and University Counsel.
3. 1 Faculty
Salaries: Proposed addition
(Provost) modified: “salaries plus other university
benefits are listed on the Total Compensation Calculator on the Human Resources
and Payroll website”
·Reference to Human Resources and
Payroll website already exists in 3.5. Faculty Benefits
·Faculty salary data not posted on Human Resources and Payroll website, posted on Faculty Senate website.
·To add phrase: “including Total Compensation Calendar” to 3.5. Faculty Benefits:
3.5 Faculty Benefits – 2009 Revision
As employees of the Commonwealth of Virginia, GMU faculty
members are provided with health insurance, retirement plans, life insurance,
and medical and child care flexible spending accounts. In addition, the
University offers certain employee-funded benefits. All such benefits are
described in more detail in the Human Resources and Payroll website (http://hr.gmu.edu/ ), including a Total
Compensation Calculator.
Proposed addition (University Counsel): replace “including” with “which includes” accepted
Additional FHC edits: removal of “the” and addition of “and universities” in last sentence of first paragraph.
3.1 Faculty Salaries – 2009 Revision
State colleges and universities in the Commonwealth of
Virginia do not have a common salary schedule. The General Assembly determines
appropriations for state colleges and universities, which includes funding for
faculty salaries.
The University attempts to be
as competitive as possible in its recruitment and retention of faculty.
The differences that are found among disciplines and departments with regard to
salary ranges within a given academic rank partially reflect supply and
demand in the marketplace.
Faculty salaries for the
current academic year appear on the Faculty Senate website.
3.2 Salary Increases
Proposed addition (University Counsel) accepted/moved: add “subject to the availability of
funding” to end of second sentence, second paragraph. FHC moved phrase to beginning of first
paragraph, replacing “when available to the university”.
Additional FHC edit: remove “internal” before “equity” at end of second paragraph.
3.2 SALARY INCREASES – 2009 Revision
Subject to the availability of funding, salary
increases are given annually. The annual salary increase is confirmed to
the faculty member by a letter from the Provost.
Annual salary increases
are based chiefly
on performance. All faculty with a
satisfactory performance rating will receive at least a minimum salary
increment. Salary increases may also
reflect efforts to achieve equity.
Faculty members who are dissatisfied with a salary
increase normally seek recourse within their local academic unit. If
dissatisfaction persists, grievance procedures outlined in Section 2.11.2
may be followed.
3.3 Summer Salary
The Provost included
revisions suggested by Renate Guilford (Associate Provost for Enrollment
Planning and Administration/former director of the Summer School Program) which
appear below in bold italics, deletions appear in yellow italics: subsequent revisions
made by the FHC appear in bold:
3.3 Summer Salary – 2009 Revision
The University offers a summer program consisting of several sessions.If aFull-time faculty members assigned to teach a summer course shall be paid 3.33% per credit hour (10% per three-credit course)the pay rate shall be 10%of theirannualnine-month salaryper course, unless.If a course is valued at a higher or lower amount for workload purposes during the academic year, the summer payment will be assigned by the academic unit accordingly. Every full-time faculty member who wishes to teach in the summer shall be afforded an opportunity to teach one, 3-credit course (or equivalent) at 10% of their annual nine-month salary, assuming he or she is qualified to teach the course andthatthe course meets minimal enrollment criteria and appropriate scheduling, curricular, and pedagogical needs. Furthermore, full-time faculty should not be excluded from teaching additional courses at 10% of their annual nine-month salary when no demonstrated financial constraints exist. Grievances over what constitutes financial constraints should be resolved at the local elves; but if no agreement can be reached, then the Provost and the Faculty Senate’s Executive Committee will be the designated body to resolve the disagreement. Summer teaching is optional, and in no case may it be required of a faculty member. Faculty may be paid no more than 33% of their prior academic year salary for all summer work, regardless of funding sources.
Faculty members whose contracts end in the spring semester prior to the start of summer, or whose contracts begin in the fall semester after the summer semester, will be paid for summer teaching according to the salary matrix. Exceptions can only be granted by the Provost Office.
Faculty and department chairs on 12-monthinstructionalcontracts who teach during the summer do not earn additional pay for teaching. Unless the teaching assignment is an overload assignment, overload teaching is paid according to the salary matrix and must be approved by the Provost.
Discussion: Important new paragraph establishes procedure where faculty members whose contracts end prior to beginning of summer or begin in subsequent academic year; in cases of retirement or departure after summer sessions ends, may ask for exception to salary matrix (payment).
·Faculty sometimes decide to retire in August to retain 10% of academic year summer salary payment.
·Establishes rule; inconsistent practices in past, has clarity; favored by committee.
In response to question raised why the Provost’s Office would grant exceptions and not deans/directors, summer session budget falls under Provost Office. As long as money available; not an issue. If unit goes over summer school budget, has to be paid back. Summer School salary issue fought over years past.
·Concern expressed about appearance of favoritism should one faculty member receive exception and another faculty member denied exception. .
·Should faculty member go to another institution in the fall, arguably not to be treated as employee any more. Likely to be implemented as budget based – those who leave on good terms may receive more generous terms..
·AAUP suggested replacement of “hire(s)” by “appointment(s) accepted– language we use reflects on profession. Replacement to be made throughout Handbook text..
·Removal of “instructional” in third paragraph as possible that research or clinical faculty member may teach course over the summer, given appropriate qualifications.
·Overload statement for 12 month faculty is already a university policy – unit cannot do unilaterally, requires Provost approval.
·In response to question about establishment of precedent for highly paid faculty, everyone should be afforded opportunity to teach one course.
·How is minimum enrollment criteria determined? Clearly varies from unit to unit. Not to take right from academic units to set enrollment criteria. Summer School Office not involved in this question. In some cases, students may need to take particular courses to graduate.
·Funding/financial issues may also be unit issues at the local level
· Grievance also a unit-level issue.
·In post-review of summer school funding, can request significant increment where have small number of classes taught by full-time faculty: funding/FTE higher; a logistics issue.
·If you can attain enrollment target, then budget works out.
2009 Revision text so much better than 1994; reflects much work by faculty to change it over the years.
3.6.2 Leave Programs for Tenured Faculty: The Committee disagreed with Provost’s observation that second section which describes LAU Professional Development Leaves unclear about exclusion of term faculty.
·About ten years ago, request for Professional Development Leave made by long-standing term faculty member sent to the Faculty Matters Committee of the Faculty Senate. Issue did not go to the full Senate for a vote. Not to argue the issue here, policy not changed by Faculty Senate.
·Easy for LAU to give Professional Development Leave to term faculty member by writing into contract.
·If Provost wants to include term faculty, he needs to change HIS policy.
·LAU Professional Development Leave rare in comparison to Provost Study Leave.
·FHC decided to make no further changes to 2009 Revision Text.
Chapter One
Preamble (p. 2) -pending BOV revision; proposed revision (University Counsel) to remove phrase “ an equal opportunity and affirmative action institution” from last paragraph accepted. Last paragraph now reads:
George Mason University, an equal opportunity and affirmative action
institution, actively supports the letter and the spirit of all fair
employment policies of the Commonwealth of Virginia. For some documents
pertaining to specific fairness policies, see Appendix A.
Preface – Pt 1 of 2 (p.3.)
Paragraph Two: Proposed revision (University Counsel) to remove first sentence “The Faculty Handbook is a contractual document, binding on the University and on individual faculty members.” , and replace it with “The Faculty Handbook is the University Policy which governments the employment of individual faculty members.” was not accepted. A fundamental sentence; to ask University Counsel to explain how a document which governs contracts is not contractual?
Proposed revision (University Counsel) to add “The Handbook sets forth the rights, privileges, and responsibilities of faculty members and of the University, and “ to delete “Insofar as applicable, its provisions are incorporated by reference” accepted.
The Handbook Committee further revised the next phrase by removing “faculty” and adding “for full-time instructional, research and clinical faculty” and accepted proposed revision (University Counsel) “are governed by its terms.” to end of sentence.
Paragraph Two Revised: The Faculty Handbook is a contractual
document, binding on the University and on individual faculty members. The
Handbook sets forth the rights,
privileges, and responsibilities of faculty members and of the University in
all employment contracts for full-time instructional, research, and clinical
faculty are governed by its terms. Faculty and academic
administrators are expected to read the Faculty Handbook and to be
familiar with its contents.
Paragraph Four: Proposed revision (University Counsel) to replace “any of these entities” in first sentence with “the Faculty Senate or University administrators” accepted.
Additional FHC edit to begin first sentence “Except as noted below,” and to remove “however” from last sentence.
Proposed revision (Provost) to add sentence “Arrangements must assume an expeditious meeting in cases of urgency.” accepted.
Proposed revision (Provost) to increase membership of joint committee from 3 faculty and 2 administrators to 3 faculty and 3 administrators not accepted; present arrangement (since Summer 2007) of 4 faculty and 2 administrators has worked well.
Paragraph Four Revised: Except as noted below, proposals to revise the Handbook
originating from the Faculty Senate or University administrators will be
considered by a joint committee of the faculty and the central administration
consisting of three faculty appointed by the Faculty Senate, at least one of
whom must be a Faculty Senator, and two administrators appointed by the
Provost. Arrangements must assume an
expeditious meeting in cases of urgency. The chair of the Faculty Senate
appoints the committee chair from the three faculty members. It is not necessary to convene a committee
for the following cases:
Paragraph Six: Proposed
revision (University Counsel) to add “however,” and delete “except that “ accepted.
Proposed revision (University Counsel) to add “the conditions of award of tenure for faculty members already tenured” accepted; the FHC added “granted” and removed “d” from tenured.
Proposed revision crafted by FHC (at suggestion of AAUP) to add, “or who have formally initiated the tenure evaluation process.” to protect faculty in mid-process.
Proposed revision (University Counsel) to remove “materially the substantive rights of any faculty member. For example, the conditions of employment governed by the Handbook may be changed prospectively and criteria for tenure may be changed for faculty who have not been awarded tenure but may not be changed for faculty already tenured” was not accepted.
Paragraph Six Revised: All revisions require the formal approval of
the Board of Visitors. Each revision shall be incorporated, as of
the effective date fixed by the Board, in all existing and future faculty
employment contracts; however no revision shall operate
retroactively to change materially the conditions of award of tenure for
faculty members already granted tenure, or who have formally initiated the
tenure evaluation process, the substantive rights of any faculty member.
For example, the conditions of employment governed by the Handbook may be
changed prospectively and criteria for tenure may be changed for faculty who
have not been awarded tenure but may not be changed for faculty already
tenured. Where no effective date is fixed for a revision, it shall
become effective on July 1st following its approval by the BOV.
Preface Pt. 2 of 2 (p. 4)
Paragraph One: Proposed revision (University Counsel) to replace “repealed” with “superceded” accepted, as was the inclusion of “in effect at the time of its adoption by the Board of Visitors.” This also addressed Provost's concern about “the need for some language that limits repeal to policies in the prior version of Handbook, making it clear that faculty are required as conditions of employment, to adhere to approved University policies otherwise save where necessarily inconsistent with the Faculty Handbook.”
Proposed revision (University Counsel) to delete “by-laws” was not accepted.
Paragraph One Revised: As of the date of the adoption of this edition of the
Handbook, all prior policies with respect to matters covered therein are superseded.
The provisions of this Handbook supersede all inconsistent bylaws, policies and
procedures in effect at the time of its adoption by the Board of Visitors (including,
if applicable, custom and usage) of any officer, person, body, or unit of the
University, including but not limited to the President or other officer of the
University and any college, school, institute, department or other faculty
organization.
Section 1.1. The Rector and the Board of Visitors
Proposed revision (Provost) to remove specific names of BOV committees accepted, as they may change over time. In lieu of names, “all standing committees of the Board except the Audit Committee (see below)” was added.
Proposed revision (Provost) to move sentence “The chair of the Faculty Senate sits as a non-voting member of the full Board.” before the voting membership of the General Faculty was accepted;
Proposed revision (University Counsel) to change “member of ” to “representative to” in the above sentence was accepted.
Proposed revision (AAUP) to change “bi-annual” to “biennially” was accepted.
Discussion: Faculty Senate chair as non-voting faculty representative to BOV comparable to non-voting DC representative to Congress (Eleanor Holmes Norton); verified faculty representation to all BOV committees. Faculty representative to BOV Audit Committee needs particular expertise; and is now appointed. To ask BOV to clarify qualifications needed , such as a CPA? Conflict of interest questions with regard to faculty representative privy to inside information discussed at Audit Committee meeting; a situation not unique at all to BOV.
One member of the Handbook Committee raised concern about term limits for faculty representatives; arguing that voters should decide for themselves. Upon completing second consecutive term, outgoing faculty member not precluded from seeking election at future time. Policy developed by Faculty Senate Executive Committee to encourage more faculty participation; importance of name recognition also acknowledged by the Committee. Tradition of three year term limit for chair of the Faculty Senate; unknown whether term limits exist at local level. Change proposed to change limit from “2” to “3” consecutive terms accepted by FHC committee.
1.1.The Rector and Board of Visitors –
Revised
Responsibility for the governance of George Mason
University is vested by the laws of the Commonwealth of Virginia in the Rector
and Board of Visitors. Members of the Board of Visitors are appointed by the
Governor of the Commonwealth to serve fixed terms of four years. The Rector is
a member of the Board, elected by the Board to serve as its chair.
Without limiting the generality of its powers, the
Board of Visitors exercises its authority principally in policy-making and
oversight. With the exception of
meetings convened in executive session, meetings of the Board of Visitors and
its committees are open to the public. The
chair of the Faculty Senate sits as a non-voting representative to the full
Board. The voting membership of the General Faculty (see Section 1.3.1) shall
elect a non-voting representative to all standing committees of the Board,
except the Audit Committee (see below).
To accomplish this, the Faculty Senate shall conduct elections
biennially. The candidates will come
from the voting membership of the General Faculty. The Faculty Senate will notify the Rector of the outcome of the
election. A separate faculty member may
be selected by the Board to serve as a nonvoting, faculty liaison to the Audit
Committee. No faculty member may serve
concurrently on more than one committee.
No faculty member can serve more than three consecutive 2-year terms,
although subsequent reelection is permitted.
Section 1.2.2 The Provost (p. 12): A new paragraph proposed by a member of the Faculty Handbook Committee with minor editing changes. The Provost is also a member of the Faculty Senate; final sentence while not binding, establishes rhetoric for faculty governance; acknowledges some situations beyond the Provost's control.
New Paragraph added:
The Provost functions as the liaison to the Faculty Senate for the
University Administration and has a primary responsibility to keep the Faculty
Senate informed about new initiatives as well as on-going developments within
the University. The Provost implements
this function in a manner that promotes the highest levels of Faculty
participation in the shared governance of the University.
Section
1.2.3 Other Members of the Central Administration (p. 13)
Proposed revision (Provost) to change title as too
vague. After some discussion, FHC
changed to“Executive Council and President's Council”.
Proposed revision (University Counsel) to remove list
of membership of both Executive Council and President's Council and to add “is” and “function”
respectively.
Proposed revision (Provost) to add “and to participate in discussions of basic policy.” to end of first paragraph describing President's Council.
1.2.3 Executive Council and President's Council -
Revised
The Executive
Council
The Executive Council of the University is the
President’s advisory group. Members of
the Executive Council have overall responsibility for monitoring University
Projects and for sharing information about major developments.
President’s Council
The President’s Council's function is to keep
members informed about initiatives and activities, and to participate in
discussions of basic policy.
More information
about organizational structure of the central administration is available on
the Mason website at http://www3.gmu.edu/admin/.
Section
1.2.4 Academic Deans and Directors as Members of the Central Administration (p.
14)
Proposed revision (Provost) to insert “academic” before institutes where occurs prior to definition of academic institutes in Section 1.3.4. accepted.
Section
1.2.5 Faculty Participation in the Selection of Certain Members of the Central
Administration (p. 15)
Proposed
revision (University Counsel) to replace “a” with “the” before
“Provost” in third paragraph accepted.
Section
1.2.6 Faculty Organization (p. 16)
Proposed
correction (University Counsel) to
update Section 1.3.4 to 1.3.6 accepted.
Section
1. 3.1 The General Faculty (p. 17) – paragraph one.
The
Provost asked whether the committee is comfortable with reference to term
faculty, need to further define. The
FHC added “instructional, research and clinical” before “term faculty” .
Revised Paragraph One: The General
Faculty participates in governance at the university level. All members
of the University community may attend meetings of the General Faculty and
participate in the debate of matters that come before it. The voting membership
of the General Faculty consists of all full-time tenured, tenure-track, and
instructional, research, and clinical term faculty.
Section 1.3.2 The Faculty Senate (p. 18) – Paragraph Two:
Proposed revision (University Counsel) to insert “views of the faculty” between “represent” and “the faculty” was not accepted.
Proposed revision (University Counsel) to add “in accord with sections 40.1-57.2 and 40.1-57.3 of the Code of Virginia” was accepted after a member of the committee reviewed and circulated the two sections referenced above.
Proposed revision (Provost) to insert “academic” before “institute” as described above in 1.2.4 completed.
Revised Paragraph Two:
The
principal function of the Faculty Senate is to represent the faculty on all academic
and governance issues not internal to any single school, college, or
academic institute. This includes, but is not limited to, curricular
matters, matters concerning terms and conditions of faculty employment in
accord
with sections 40.1-57.2 and 40.1-57.3 of the Code of Virginia,
and matters of academic organization and institutional change. In these
matters, the Provost and Senate will consult during the process of planning and
implementing changes. To ensure timely consultation about these and other
matters, the Provost meets regularly with the Senate's executive
committee. Meetings with the President and/or other members of the central
administration occur as needed.
Section
1.3.3 Colleges and Schools (p. 19)
Paragraph
Two and “c. ”: Proposed revisions (AAUP) to replace “hiring” with “appointments”
accepted; to replace “entenurement” with “granting tenure”, and “assure” with “ensure” in “c.” accepted. Proposed revision (University Counsel) to
add “awarding tenure” superseded
by AAUP recommendation above.
Paragraph
Three: Proposed revision (University Counsel): to insert “each of” between “sub-divided” and “their
departments” accepted.
Revised Paragraph Two:
As an
organizational unit the college or school meets four functional criteria: (i)
it has a tenured and tenure-track faculty directly and specifically
appointed to it or to its departments by the Board of Visitors; (ii) its
faculty establishes degree requirements; authorizes the conferral of degrees;
proposes, reviews and approves courses and programs; actively participates
in decisions concerning the creation, reorganization and dissolution of units
within the college or school; and plays a key role in faculty personnel actions
such as appointments, promotion, and granting tenure (iii) it has an
instructional budget that includes FTE-funds for the payment of its faculty's
salaries as well as funds for goods and services in support of its programs;
and (iv) its chief administrative officer is a dean who reports directly to the
Provost.
Revised Paragraph Three and “c.” The faculties of schools and colleges
define their own voting membership. Together with their deans, they determine
the processes and procedures of governance they will employ, but all schools
and colleges, and if so sub-divided, each of their departments, must act
within the following guidelines, which prescribe that they
c. meet often enough to ensure good
communication and the timely conduct of business;
Section
1.3.4 Academic Institutes (p. 20)
Paragraph
One: Proposed revision
(University Counsel) to add “academic” before “units” accepted.
Paragraph Five: Proposed revision (University Counsel) to add “follow the guidelines applicable to schools and colleges” replacing “act within the guidelines listed”, followed by “set forth” accepted.
Revised Paragraph One: An academic institute
(or “institute” for short) is an organizational unit of the University that
fosters interdisciplinary activities that transcend the disciplines based
in any single college or school. In
addition to research and scholarship, and service activities,
institutes offer interdisciplinary academic programs that do not duplicate
those of other academic units. Academic institutes are also analogous
to schools or colleges in that they have a nucleus of full-time faculty
appointed directly and specifically to primary affiliation in them.
Revised Paragraph Five: The faculties of academic institutes define
their own voting membership. Together
with their directors, they determine the processes and procedures of governance
they will employ, but all institutes must follow the guidelines applicable to
schools and colleges set forth in
Section 1.3.3.
Section 1.3.5 Graduate Faculties 1994 (p.21): Provost proposed reinstatement of section deleted by committee. (Long ago) organizational change which split faculty down these lines; local unit decision (if extant) today. In looking at Section 1.3.8 The Graduate Council addresses issue adequately. For example, you cannot just place someone without a terminal degree on a dissertation committee. The committee did not accept reinstatement of section.
Section 1.3.5 Academic Departments 2009 (p. 22)
Paragraph Two: Proposed revision (University Counsel) to add “follow the guidelines applicable to schools and colleges set forth” and deletion of “within the guidelines listed” accepted.
Paragraph One: insertion of “academic” before “institutes” as noted above.
Revised Paragraph Two:
Departmental
faculties determine their own voting membership. Together with their chairs,
they determine the processes and procedures of governance they will employ, but
all departments must follow the guidelines applicable to
schools and colleges set forth
in Section
1.3.3.
Section 1.3.6 Definition of Local Academic Units (p. 23)
Proposed revision (University Counsel) to add “(LAU)” after title of Section accepted.
Section 1.3.7 Schools, Colleges and Institutes Without
Departments (p. 24)
Proposed revision (University Counsel) to add “and academic institutes” accepted. To insert “academic” before “institutes” in title as noted above.
Revision:
1.3.7 Schools, Colleges, and Academic Institutes without Departments
Schools, colleges, and academic institutes without
departments provide simultaneously for faculty governance at the collegiate
level (as described in Section 1.3.3) and
at the local level. In carrying out their function as local academic units,
such schools, colleges, and institutes will operate analogously to
departments (as described in Sections 1.3.4 and 1.3.5).
Section 1.3.8 The Graduate Council
As discussed earlier, in response to Provost's request (see 1.3.5 1994) the committee did not accept revision. A member of the Committee discussed the text with a colleague currently serving on the Graduate Council to confirm its reflection of current practice; i.e. that the Graduate Council is never in involved in status/qualifications of existing faculty; or qualifications for graduate faculty. FHC does not wish to create a potentially divisive category; should Provost feel change needed, should present his case to the Faculty Senate. When a separate graduate division existed, Graduate Council had a different function.
Section 1.3.9 Multidisciplinary or Interdisciplinary
Programs
Proposed revisions (University Counsel) were accepted:
Paragraph One:
Replace “the local academic units” with “such units”.
Paragraph Two: Delete “of the” and “of the university” in second sentence, correct Section 1.3.4 to 1.3.6.
Paragraph Three: Delete “would” in last sentence and add “s” after report.
Paragraph One Revised: Most academic
programs are offered by local academic units and are therefore
administered and governed by the faculties of such units.
Paragraph Two Revised: Some multidisciplinary or interdisciplinary programs
are offered by faculties drawn from more than a single local unit. These
faculty members do not hold primary affiliation in those programs but
rather, in one or more local academic units (see Section 1.3.6).
For purposes of personnel decisions regarding appointment, promotion and
tenure, these faculty members are evaluated primarily by their peers in the
local units of which they are a part, but with the requirement that
recommendations from the multidisciplinary or interdisciplinary program
faculty with which they are associated will be given due consideration.
Paragragh Three Revised: Academic programs which are not internal to a single
local academic unit are administered by a program director. This director is
regarded as the equivalent of a department chair and is therefore expected to
possess equivalent academic credentials. Such program directors
normally report to a dean or institute director. If the program transcends the boundaries of a
single school, college, or institute, the program director reports to the
Provost.
Section 1.3.10 Centers
Proposed revision (University Counsel) accepted: add “center's” before “charter” in next to last sentence
in Paragraph One so that revised sentence
reads: Renewal of a center's charter, when called for, is
subject to favorable review of a center's performance and accomplishments.
Section 1.3.11
Research Institutes
Proposed revision (University Counsel) accepted: change “insure” to “ensure” in last sentence so that the
revised sentence reads: To ensure
that this guideline is respected, the process for chartering a research
institute must include opportunities for center directors, academic unit heads,
and the Faculty Senate to review and comment on chartering proposals before a
classification decision is made.
CHAPTER TWO REVISIONS BEGIN HERE
Section 2.1.1 Tenured Appointment (p.3.)
Proposed revision (University Counsel) to add “Election without term is referred to as “tenure” in this Handbook” followed by the removal of “This status is the contractual equivalent of tenure.” in the second sentence of the first paragraph was not accepted. The committee requests a better reason to change statement as written.
Section 2.1.2 Tenure-Track Appointment (p. 4) – Paragraph
Two:
Proposed revision (AAUP) to state in last paragraph that “Credit for prior service means faculty come up for tenure after three years not six years” not accepted because there is no formal method to assign credit for service at other institutions; do not wish to restrict senior-level scientists, nor limit full six-year tenure track opportunity for faculty with prior service elsewhere.
Proposed revision (University Counsel) to remove conflicting
statements in second paragraph” Experienced
faculty hired on tenure-track
appointments from other institutions will not normally be expected to serve a
six-year tenure-track period,” with
later statements about Credit toward tenure may be given for prior
faculty service at other institutions. Such credit is manifested through consideration of
accomplishments prior to employment at George Mason University, not through a
reduction in the available six-year tenure-track period (assuming that the criteria
for tenure-track contract renewal are met).
After some discussion, the committee agreed to delete the second statement quoted., as well as add “at George Mason” after reference to sixth year of tenure-track service.
Paragraph Two Revised: Faculty in their sixth
year of tenure-track service at George Mason University stand for tenure at
that time if they wish to retain their position beyond the seventh
year (see Section 2.7.2 for policy on
notification to faculty terminated for failure to receive tenure). Earlier
consideration for a tenured appointment
is possible. Experienced faculty
hired on tenure-track appointments
from other institutions will not normally be expected to serve a six-year tenure-track period, although there is no requirement that
they stand for tenure prior to their sixth year of tenure-track service at
George Mason University. Unsuccessful
tenure evaluations for faculty prior to their sixth year of tenure-track
service do not reduce the six-year tenure-track period.
Section 2.1.3 Other Types of Full-Time Fixed-Term
Appointments (p. 5)
The AAUP sees “not just one year contracts forever” as a serious problem, careful book-keeping is urgent. At Mason, most of the time faculty without terminal degrees limited to one year contracts; nor are they eligible for promotion.
Proposed revision (Provost): insertion of “normally”
in fourth paragraph, second sentence accepted, so that revised sentence
reads: Multi-year term faculty
normally must hold a terminal degree.
Proposed revision (University Counsel): (sixth
paragraph) removal of “should be
modified by the
“ and replaced with “hold
title with the prefix of “ followed by “Visiting” accepted; so that
revised sentence reads: Term
faculty on single-year appointments whose permanent employment is with another
organization hold title with the prefix of“Visiting.”
Proposed revision (University Counsel): removal of “ By agreement with the Board of Visitors and the Faculty Senate,” in (seventh) final paragraph accepted.
Proposed revision (Provost): insertion of “instructional” in final paragraph, to comply with SACS accreditation; 35% university-wide, may vary across units.
Seventh paragraph revised: A maximum of 35% of all Instructional Term Faculty may be on
multiyear contracts and a maximum of 25% of all full-time Instructional Faculty
may be Term Faculty.
Section 2.1.4 Part-Time Appointment:
AAUP would like to have part-time faculty assigned for two years; most universities do not have term faculty structure as a mechanism for adjuncts or part-time faculty to move up.
Proposed revision (University Counsel) objects to inclusion of third paragraph about affiliate faculty in this section, because they are not employees, but do have some of the privileges associated with faculty status. Different local usage may exist. To return previously deleted 1994 Section 2.2.7 Affiliate Faculty as new Section 2.1.5 Affiliate Faculty”, renumber present Section 2..1.5 Definition of Primary Affiliation as 2.1.6; renumber present Section 2.1.6 Academic Appointments and Fiscal Year Appointments to 2.1.7; deleting present Section Faculty Employees 2.1.7.
Section 2.1.6 Definition of Primary Affiliation (p. 8)
Proposed revisions (University Counsel) to add “a faculty member's” before “tenure” in first sentence accepted; to add “to a local academic unit” after “appointment” in third sentence; and addition of “local academic” before unit” in fourth sentence, first paragraph accepted; as well as additional of “academic” between “local” and “unit” in second paragraph accepted.
Additional FHC edit removal of phrase “in this document” from third sentence, first paragraph.
Section 2.1.6 Definition of Primary Affiliation
Revised: Although a
faculty member's tenure resides in the University as a whole (see
Section 2.1.1), tenure-track and tenured faculty are appointed directly and
specifically to one or more local academic units. Term faculty are also
appointed directly and specifically to one or more local academic units. The status established by such an
appointment to a local academic unit is called "primary affiliation."
Primary affiliation in one local academic
unit unit does not preclude the possibility of additional assignments to other local academic units.
An appointment to primary affiliation requires the
concurrence of the faculty of the local academic unit to which the
appointment is to be made and may not be transferred from one local academic
unit to another except with the concurrence of the faculty of the unit to which
a transfer is proposed.
Section 2.1.7 Academic Year Appointment and Fiscal Year
Appointments
Proposed revision (University Counsel) ACADEMIC YEAR
APPOINTMENTS (9 MONTHS) :delete “contractually” between Salary Authorization and “obligates” accepted, so that
revised sentence reads: “For academic purposes, The Governor’s
Consolidated Salary Authorization obligates faculty on 9-month appointments
are expected
to be available for work approximately two weeks prior to the
beginning of classes until two weeks after the end of classes.” (other
deletions based on FIG text)
Proposed revisions (University Counsel) FISCAL-YEAR
APPOINTMENTS (12-MONTHS):
replace “special” with “certain” before “sponsored programs” and replace
“the appropriate” with “proportional”.
Section 2.1.8 Faculty With Governance Responsibilities
(p. 11)
Proposed revision (University Counsel) to insert “local academic” into
second sentence accepted, so that revised sentence reads: Local academic units and collegiate
units may also choose to extend voting rights to other faculty who are employed
in those units.
Section 2.2.3
Associate Professor (p. 14)
Proposed revision (University Counsel) to capitalize title
of associate professor not accepted.
Insertion of “to the
rank of associate professor” after “New appointees” accepted, as well as
the replacement of “the aforementioned criteria” with “such criteria” so the revised sentence
reads: New appointees to the
rank of associate professor must have demonstrated equivalent
qualifications which give reasonable assurance that such criteria will
be prospectively met.
Section 2.2.4 Professor (p. 15)
Proposed revision (University Counsel) to capitalize title
of professor not accepted. Insertion of “to the rank of professor” after “New
appointees” accepted, as well as the replacement of “the aforementioned
criteria” with “such
criteria” so the revised sentence reads:
New appointees to the rank of professor must have demonstrated
equivalent qualifications which give reasonable assurance that such
criteria will be prospectively met.
Section 2.2.6 Distinguished Service Professor (p. 17)
Proposed revision (University Counsel): to insert “for granting the rank of Distinguished Service Professor” accepted; “should” removed and replaced by “includes”.
The FHC decided to split text into two paragraphs Section
2.2.6 Distinguished Service Professor – Revised:
Section 2.2.7 Emeritus Status (p. 18): The Provost raised the possibility of a few remaining tenured assistant professors who were not eligible under the old system; no further changes to the revision text made.
Section 2.2.8 Administrators Holding Faculty Rank (p.
20)
Proposed revision (University Counsel): to replace “must” with “may
together” in the second sentence of paragraph one accepted, so the
revised sentence reads: “An
academic unit and the Provost may together confer academic rank beyond
Assistant Professor.”
Proposed revision
(University Counsel): In the third paragraph, first sentence: to insert “when appointed to an
administrative/professional faculty position, a faculty member”, replace “in that status” with “a
tenure-track appointment”, and
add “in that capacity” at
the end of the sentence was accepted.
In the second sentence of the third paragraph, “In that case” replaced
by “in such cases” was
accepted.
Additional FHC edit
at Provost’s suggestion in the second sentence of the third paragraph, to replace
“but must be formally requested” with “if a formal request is made.”
Third
paragraph revised: “If on a tenure track appointment, when
appointed to an administrative/professional faculty position, a faculty member
may continue on a tenure-track appointment while serving in that
capacity. In such cases, the tenure clock may be stopped during the
term of the administrative appointment if a formal request is made
in accordance with the guidelines available on the Provost Office website.
Proposed revision
(AAUP): To replace “their” with “his or
her” in the fourth paragraph
accepted.
Additional FHC edit
in the fourth paragraph to add “or clinical faculty”so that the revised
sentence reads:
If on a term appointment, the faculty member has no automatic right to return to his or her previous instructional, research, or clinical faculty position.
2.3.1.1 Policies on
Recruitment and Appointment of Faculty (p. 21)
Proposed
revision (University Counsel): To
delete “affirmative action” at the end
of the first paragraph accepted, so that revised end of sentence now reads:
“... and that equal opportunity and fair employment practices are followed.”
Section 2.3.1.2
Employment of Family Member/Partner (p. 22): pending
receipt of review from University Counsel.
2.3.2 Procedures for Recruitment and Appointment of
Tenured and Tenure-Track Faculty (pp.23-24)
Proposed
revision (AAUP): replacement of “hires”
with “appointments” as noted previously.
Paragraph five::Proposed revision (University
Counsel) replace “ seeking the faculty member’s consent “ with “providing that
such employment is “ with one modification by the FHC: to replace “providing” with
“stating”. Proposed revision (University
Counsel) to add “each”
before “ individual faculty members” accepted. Revised paragraph five reads: “All full-time faculty receive initial
letters of appointment specifying
terms of employment and stating that such employment is governed by the administrative policies and
regulations of the University (currently in force and as amended in the
future). Acceptance in writing of
these letters constitutes a contract between the University and each individual faculty member. Letters of initial
appointment for tenure-track faculty also indicate the expiration date of terms
of appointment. “
Paragraph
six: Additional edits by the FHC: To add “when appointing term, tenured, and
tenure-track faculty.” to end of first sentence. Second sentence begins “Competitive
searches” directly followed by insertion of
“for tenured, tenure track, and term faculty”.
Proposed revision (University Counsel) replace “should” with
“must” in sentence above accepted; His suggestion to remove sentence following
(LAU) as unclear was not accepted by the committee.
Revised paragraph six reads: Noncompetitive or direct appointments are appointments in
which the search process is waived when appointing term, tenured, and
tenure-track faculty. Competitive
searches for tenured, tenure-track, and term faculty must be used except in
very special circumstances. These
circumstances are normally limited to situations (a) when the candidate has
already established a national/international reputation, the program has a
unique opportunity to hire the targeted candidate, and the area of
specialization complements those of faculty already in the program; (b) when
the candidate is a spouse or partner of a candidate being appointed through
formal search procedures and the university is attempting to accommodate her or
him; and (c) when an administrator is appointed and is considered for
acceptance in a specific local academic unit.
While an administrator is normally appointed using a competitive process
at the administrative level, this policy applies because s/he is not part of a
competitive process at the LAU.
Instructional term faculty may also be appointed without a search when
classes must be staffed immediately due to unexpected
instructional or other needs. Waiver of
a search in this situation is only valid for one year.
2.3.2.1 Awarding of Tenure at the Time of Hiring in
Competitive Searches (p. 25)
Proposed revision (AAUP):
replacement of “hires” with “appointments”.
Proposed revision (University Counsel): replace “develop” with establish
and follow” in last sentence accepted, so that revised sentence reads: Since such appointments may be made outside the
normal annual promotion and tenure cycle, college, school, and academic institute promotion and tenure
committees must establish and
follow
procedures for promptly reviewing candidates out of cycle.
2.3.3 Criteria and Procedures for Appointment,
Reappointment and Promotion of Term
Faculty
(pp. 26-29)
Paragraph one (p. 26):
Proposed revision (University Counsel): replacement of “with the
caveat that this funding must be available “ with “subject to the continuing
availability of funding” in the final sentence of the first paragraph
accepted. The revised sentence
reads: If a multi-year appointment
is offered to a faculty member whose position relies entirely or partially on
non-state appropriated funding, then a multi-year contract may be
established subject to the
continuing availability of funding
throughout the contract period.
Paragraph two (p. 26):
Proposed revision (University Counsel) at end of first sentence to
include “whether”
accepted. The revised sentence reads: Term Faculty appointments will be explicitly
designated as such, and offer letters must clearly state the type and length of
appointment, as well as the focus of the appointment, whether teaching,
research, or clinical.
After some discussion, the committee agreed to replace
“must” with “normally” in the last sentence as discussed at meeting with the
Provost, in order to acknowledge exceptions may exist in some disciplines. Safeguard that exceptions must be approved
by the Provost in next sentence retained.
The revised sentences reads:
Multi-year Term Faculty normally hold a terminal degree, as
defined by standards in the discipline.
Exceptions to either
contract length or terminal degree requirements must be approved by the Provost.
Paragraph four (p.
26): Proposed revision (University Counsel) to delete
phrase from first sentence: “By agreement with the Board of Visitors and the Faculty
Senate,” accepted.
Additional FHC edit: insertion of
“Instructional” before Term Faculty.
The revised paragraph reads: “A maximum of 35% of all Instructional Term Faculty may be on multi-year contracts and a maximum of 25% of all
full-time Instructional Faculty may be Term Faculty.” (see next paragraph)
Multi-year
Contracts “b “ (p. 27): The
Provost raised question whether five year term consistent with earlier
(>35%) limit for all instructional term faculty. Proposed revision (University Counsel) to replace “If the decision is made
for reappointment, the faculty member may either receive a one, two or second, three-year appointment or a single-year appointment.” with “If the decision is made
for reappointment, the faculty member may either then receive a one, two or second, three-year reappointment or a
single-year appointment.” accepted.
The revised section b now reads: If the decision is made for reappointment, the faculty member may then receive a one, two or three-year reappointment.
Multi-year
Contracts “c” first sentence (p. 27):
Proposed revision (University Council) to add ( i ) and (ii) accepted. Additional FHC edits:
( i ): to replace “two or three year contract” with
“up to five years” and ( ii) to replace “up to five years” with “up to
three years” so that revised section “c”reads: In the Term
Faculty member’s sixth year or
thereafter, he or she may be (i) considered for promotion, normally to the rank of
Term associate professor, and reappointment to a two or three or
five-year
contract of up to five years or (ii) for reappointment to a one, two, or
three-year
contract of up to three years at his/her current
rank. It was further noted that if a
term faculty member was rejected for promotion, would not receive five year
renewal.
Proposed revision (Provost) to include “professional or community service”as criteria was not accepted.
2.6.1 Annual
Review of Faculty (p. 40)
Paragraph Two:
Proposed revision (University Counsel) to replace “average performance
evaluations over multiple years to compensate for variability in raises from
year to year.” with “take
into account performance evaluations in determining whether to award raises.” accepted. Revised paragraph two reads: Local unit administrators may take
into account performance evaluations in determining whether to award
raises.
2.6.2 Post
Tenure Review (pp. 41-43)
AAUP recommends a hearing not just the Provost's review (4. and 5. p. 41); also referenced p. 43. gives too much power to discretion of the Provost; faculty should enjoy due process. The committee noted that that process already exists as faculty members elected to committees; perhaps to use instead same appeal process as used by Promotion and Tenure Committees? In a tenure case, with exception of external evaluation, only faculty inside unit would have looked at case, unless you go to appeal process at the end. Faculty member may also grieve unsatisfactory evaluation(s) along the way.
Additional FHC edits (pp. 41-42) to insert “overall” as compensatory model. Discussion of suggested revisions by University Counsel and Provost to be continued at next meeting (August 12, 2008).
Proposed
revision (Provost) to insert “where
relevant” into first sentence modified to insert “when available” so that the revised
sentence reads: Senior academic
administrators serve at the pleasure of the President. In reviewing their
performance, the President should refer, when available, to the annual faculty evaluation of
administrators, conducted under the joint auspices of the Faculty Senate and
the University's Office of Institutional Planning and Research.
2.7.2
Procedures for Renewal (Reappointment) (pp. 49-50)
Proposed revision (AAUP) questioned “timely portfolio” in “e”; faculty should get one year. After some discussion, recommendation was not accepted.
2.7.3
Procedures for Promotion and Tenure (pp. 51-54)
Paragraph one,
last sentence - p. 51: Proposed
revision (University Counsel): to
replace “ in
the candidate's dossier not under the candidate's control” with “the University is required to
provide for the candidate's dossier” accepted. The revised sentence reads: The local unit administrator is
responsible for ensuring that items the University is required to provide
for the candidate's dossier are completed in a timely manner.
Paragraph A 3.
- p. 52: Proposed revision
(University Counsel): to replace “
the faculty to which the candidate belongs,” with “eligible faculty in the candidate's LAU” accepted. The revised sentence (portion) reads:In
non-departmentalized local academic units (i.e., schools, colleges, institutes)
which are not further subdivided, the first level review is carried out by
eligible faculty in the candidate's LAU...”
Paragraph A
4. - p. 52: Proposed revision
(University Counsel): to delete “because
it offers degrees which are defined by the Commonwealth of Virginia as
"professional degrees," accepted.
The revised paragraph reads: The
School of Law is exempt from the provisions specified in paragraphs (1) and
(2), but it is not exempt from the requirement for two-level review.
Paragraph D – p. 53: Proposed revision (AAUP): to replace “hire” with appointment as noted earlier.
Paragraph F
, first sentence – p. 54: Proposed
revision (AAUP): to delete “on
controversial or otherwise problematic cases,” accepted. Additional FHC edit: to replace “will” with
“may”. The revised sentence reads:All
relevant materials are reviewed by the Provost. Before making a
recommendation to the President, the Provost
may consult with other academic administrators who have direct
knowledge of one or more aspects of the candidate's professional
performance.
Paragraph
two: Additional FHC edit to add
phrase “although a second extension of term may be requested for a new birth or
adoption” to the end of the first sentence, so the revised sentence reads:A
faculty member is limited to one automatic extension of term during the time
she or he is serving in tenure track status, although a second extension of
term may be requested for a new birth or adoption.
2.7.3.3 Tenure
Clock Extension for Military Service (p
57): Proposed revision (University Counsel) to delete “ Any extension beyond
two years would require further discussion with the appropriate department
chair and Dean” because USERRA provides for extension for up to five years;
accepted. Revised section reads:
A tenure track faculty member who is also a member of the
U.S. military and is called to active duty for a minimum of four months will be
entitled to an automatic extension of the term in which she or he is currently
employed. The extension will last for
the duration of the active duty assignment, rounded to the nearest year. Therefore, an active duty assignment lasting
between 4 through 15 months will earn a one-year extension, 16 through 27
months will earn a two-year extension. Any
extension beyond two years would require further discussion with the
appropriate department chair and Dean. This extension will be granted automatically upon the faculty
member’s notifying in writing the chair of the department or the dean/director
of the college, school or institute in which the faculty member serves. The faculty member should make the request
prior to entering active duty and prior to September 1 of the academic year in
which the tenure decision would have been made.
Respectfully submitted,
Meg Caniano
Clerk, Faculty Senate