Minutes, NSU Faculty Council, October 1, 2004

1. The meeting was called to order at 3:10 p.m. by President Wickham in the NET Tower Room.

Council Members in attendance: Terri Baker (Liberal Arts), Gary Cheatham (Library), John Diamantopoulos (Science & Health Professions), Dan Glasgow (Education), Peggy Kaney (Library), Andre Marquis (Liberal Arts & Education), Rick Matzen (Science & Health Professions), Jeff Miller (Optometry), Latricia Pack (Optometry), David Scott (Liberal Arts), Lallie Scott (Liberal Arts), Jon Shapiro (Business & Technology), and John Yeutter (Business & Technology).

Council Officers in attendance: Gary Wickham (President), Andrew Vassar (Vice President), and Chuck Ziehr (Secretary-Treasurer).

2. Treasurer's Report
Since last month's report $40 have been spent (two monthly phone charges). This leave a current balance is $4,534.

3. Faculty Welfare Committee Report
Andrew Vassar, Council Vice President and chair of the committee is serving on the Employee Appreciation Day Committee. He reported that the NSU Employee Appreciate Week will be moved to the spring of the year with the next one probably being in March 2006.

1. Circle of Excellence
The permanent plaque was available for viewing (a permanent location is still to be determined). The plaque bears the name, degree, department, year of award, and award category (teaching, research, or service) of past winners. The plaque features this inscription:

3. Grievance Policy (Faculty Handbook Section 3.7) Committee Report
Terri Baker presented a draft of a revised policy from the committee (Baker, Lallie Scott, Chuck Ziehr, with assistance from Gary Cheatham). John Yeutter moved and Jon Shapiro seconded that the policy be accepted. Following discussion and revisions the policy (see below) was approved unanimously.

To aid in protecting faculty rights, a committee is established to investigate specific charges alleging the violation of faculty rights and to make recommendations to the administration regarding the disposition of these specific cases. The committee shall be a standing committee and shall conduct its business only during the eighteen (18) weeks of each of the two regular semesters (fall, spring) of the academic year.

Grievance Committee members shall be full-time teaching faculty. Faculty Council representatives will not be eligible for membership. Grievance Committee members will be elected by secret ballot. Each academic unit, as specified in the Faculty Association By-Laws (See Appendix B), will elect two members to serve a term of office (two years) simultaneously with its Faculty Council representative. Elections for Faculty Council representatives and Grievance Committee members will be held at the times specified for the election of Faculty Council representatives in the Association By-Laws. Following the election, the administrator of each academic unit will report the results of Grievance Committee elections to the Vice President for Academic Affairs and the President of the Faculty Association.

After each fall semester has started, and the committee membership has been filled, the Faculty Association President will appoint a temporary chair from the committee membership. The temporary chair will call an organizational meeting of the committee by the end of the second week in September. At this meeting, the members of the committee shall elect a chair, vice chair, and secretary for the Grievance Committee for that academic year.

The chair of the Grievance Committee shall be the primary liaison between the Committee and faculty, the Faculty Council, and the Vice President for Academic Affairs. The chair will see that the Committee responds objectively to formal grievances. The vice chair shall assume the duties of the chair when the latter is unavailable. The secretary shall keep minutes of procedural meetings and preliminary hearings and will compile an accurate transcript of each hearing. Copies of each hearing will be filed in the office of the Vice President for Academic Affairs. The secretary shall provide the Faculty Council with names of members and officers for inclusion in the Council minutes. Investigations will be conducted only after the Grievance Committee chair is presented with a formal written grievance (See 3.74).

The formal complaint will be considered at a preliminary hearing, held on the main campus and attended by at least six (6) committee members, at least one from each academic unit, the Grievance Committee chair, the aggrieved party, and involved administrators. At the time of the announcement for the hearing, the committee chair will provide lists of the committee membership to both the aggrieved faculty member and involved administrators and will invite written challenges about members having conflicts of interest. The chair will rule on such challenges. During the Preliminary Hearing, the Director of Human Resources will serve as resource for the Committee to assure that procedures are understood and followed.

At the preliminary hearing, an unbiased panel of at least three (3) members and not more than 12 members will be seated by lot from the quorum present.The quorum consists of seven (7) members, at least one from each academic unit. The panel will review the written grievance and the responses to the grievance. It will hear testimony and question those involved as desired, in order to obtain a clear understanding of the issues. Only documents previously submitted and available to all parties, and/or requested by the panel will be considered. In the spirit of constructive interaction, all relevant aspects of an issue will be discussed to insure that a misunderstanding has not occurred. Prior to adjourning the meeting, the panel shall decide if the issue warrants a hearing. If so, the chair will advise the aggrieved party of the right of counsel to serve in an advisory capacity, and will set a later date for the formal hearing.

The University’s General Counsel may provide advisement and consultation upon the request of the Director of Human Resources.

On the day and time of the hearing, the aggrieved faculty member (and advisory counsel if chosen), involved administrators (with counsel if appropriate), witnesses and all other involved persons shall convene. The chair will address possible conflict of interest issues involving committee members. Acting with input from both parties, a hearing panel of six (6) members, at least one from each academic unit, will be seated by the Chair,
plus the Grievance Committee Chair.Faculty seated as members of the hearing panel will be required to attend all sessions of the hearing. The committee chair will make every effort to schedule sessions at times when the principal parties and panel have no classes. No session of the hearing will be started without all members of the seated hearing panel being present. A repeated, unexcused failure of a seated panel member to attend scheduled hearings, is cause for reprimand and restarting of the hearing. Regardless of membership on the hearing panel, all members of the Grievance Committee who have not been dismissed due to conflict of interest should attend the hearings if at all possible. Once a hearing panel has been seated, the panel, committee chair, aggrieved party, and the Vice President for Academic Affairs shall consult about having an open or closed hearing. The hearing panel then will decide whether or not the hearing should be open to the public.

The Grievance Committee, sitting as the hearing panel, shall hear the case in an orderly fashion. The chair of the Grievance Committee will read the charges as set forth in the formal written complaint. The panel will systematically review the specifics of the complaint and the responses to the charges. The hearing panel may call and question those involved in the complaint, and question witnesses. The Grievance Committee chair, assisted by the Director of Human Resources, shall maintain decorum and will ensure that the process proceeds in an orderly and responsible manner. Since statements, questions and answers will be recorded, and written evidence held, libelous and perjurious acts can be subject to further investigation.

In making its decision, the hearing panel shall consider as evidence only the formal written grievance and responses to the complaint, and relevant documents, including testimony, presented at the preliminary hearing, and to which all parties to the grievance have been afforded access. The recommendations of the hearing panel shall be decided by a majority vote. In the event of a tied vote, the Grievance Committee chair will cast the deciding vote. At any point in the proceedings prior to the time when the hearing panel retires to consider its recommendations, the aggrieved party may, with the consent of the chair withdraw his/her grievance. A written report of proceedings up to the time of withdrawal will be made available to all parties.

4. Faculty Dining Room in the Cedar Room or some other facility
Discussions continue with Lynn Howard about the use of the Cedar Room for faculty dining. Although food will not be served, it is hoped that at least drinks will be provided there.

7. Academic Administration Changes
There still appeared to be a lack of communication hindering the transition to the new academic administrative structure. For example, it was noted that final degree check reports were not reaching the faculty advisors until well after the students get them. It is difficult to find information about the new administrative structure on the NSU website.

8. Faculty Association Constitution
A committee needs to be formed to review the constitution; this committee need not be made up of Council delegates. Terri Baker moved and John Yeutter seconded that the President of the Faculty Association be empowered to convene a committee to review and propose amendments to the constitution as seem appropriate. The motion passed unanimously.

9. NSU Homecoming
This year's homecoming celebration will be October 15-16 with the theme "An American Tradition." President Wickham noted that faculty volunteers are needed to help with the various events.

10. Appellate Committee Election
The election will be held October 5, 2004 in the Administration Building Lobby on the Tahlequah campus from 8:00 a.m. until 3:00 p.m. and in the Lobby between the Library and Administrative Offices on the Broken Arrow from 3:00 until 7:00 p.m. All tenured faculty may vote (114 full-time, tenured faculty and 4 tenured faculty who serve as administrative officers). The candidates are:

11. Faculty Roster
President Wickham asked Council delegates to check for errors in the listings for their academic units in the rosters that he sent to them.

1. Establishing Prospective Date and Time to Meet with President Williams and Vice President Pate
This item was combined with the next agenda item.

2. Establishing Format for Meeting with President Williams and Vice President Pate
Lallie Scott moved and Terri Baker seconded that on or near November 5, 2004 (depending on their availability) President Williams and Vice President Pate be invited to meet with the Faculty Council, and that the format would be for faculty to submit questions to Gary Wickham by October 15. President Wickham will have editorial control in synthesizing the questions to be presented in advance to President Williams and Vice President Pate. The motion was approved unanimously.