APPALACHIAN STATE UNIVERSITY
FACULTY SENATE MINUTES
November 11, 2002 - (approved as amended)
At 3:18 p.m. on November 11, 2002, Chair Gates convened the Faculty Senate meeting in the University Conference Room (224 Greer Hall).

I. ANNOUNCEMENTS
A. VISITORS. Gates welcomed visitors and asked that they introduce themselves. (See voting sheet for visitors’ names.)

B. SENATE REPLACEMENT. Gates noted that there still is a one-year Business seat vacancy on the Senate and asked for solicitations for the seat.

C. CHANCELLOR ADVISORY MEETINGS. Gates reported that the last Chancellor Advisory meeting for this semester is Monday, December 2 at 3:00 p.m. and will be held in the Chancellor’s Conference room, 4th floor of the Administration Building. He asked senators to let him know if they plan to attend. Steve Simon noted that he could attend.

1. CHANCELLOR’S ADVISORY COMMITTEE. Gates reported on the Chancellor’s Advisory Committee meeting of October 22, 2002. There will not likely be future tuition increases for faculty salary increases. Activities are underway to increase staff salaries. The loss of 320 parking spaces is a concern and remote parking is being sought to make up for the loss. A recommendation to assign compliance issues to the Equity Office was recognized as sensible.

2. BOARD OF TRUSTEES. Gates solicited volunteers to attend the December 6, 2002 Board of Trustees meeting.

II. VISITORS
MICK KRESZOCK/JENNIFER MECHO. Kreszock, chair of Off Campus Facilities Advisory Board, reported that recommendations of Motion FS00-01/04b-01 – Evaluate the procedures, expectations and staffing of the Appalachian House (Washington D.C.) and the New York Loft – have been acknowledged and have been implemented where possible. Senators responded with specific concerns. Senator Olson reported that circuit breakers and Internet connections were inoperative. Senator Hall reported that the facilities are in disrepair and the furnishings are threadbare. Senator Anderson expressed concern that interns are not being fully utilized and that specific hours for guest check-in and out have not been established. A number of senators supported Anderson’s general concern that faculty directors are not free to do research. Senator Waring suggested that faculty be permitted and encouraged to use their own research assistants to meet their responsibilities. Senator Weitz recommended that funding for facility internships should be sought.

BOBBY SHARP. Sharp introduced himself as chair of the Provost Search Committee. He noted that faculty would be soon notified of the committee’s composition and encouraged them to provide input. He also reported the following. Three meetings have already taken place. At the first meeting Dr. Richard Howe, Compliance Officer, charged the committee and the committee formulated the position announcement. At the second meeting Dr. Durham explained the provost’s responsibilities. At the third meeting a communication plan for campus input was developed. There will be five open meetings for faculty, staff and students to give input. Two meetings will be held Friday, November 22, 2002, one meeting will be held Wednesday, November 27, 2002 and two meetings will be held Friday, December 6, 2002. The position is closed to applications on January 13, 2003. Senator S. Simon expressed his preference faculty concern to be primary and voiced concern that more faculty and fewer administrators should comprise the search committee. Senator Koch requested that faculty input be solicited as soon as possible.

III. MINUTES
Gates noted that October 14, 2002 minutes were available online at the web site and provided the Faculty Senate Agenda. The October 14, 2002 minutes were not available on paper for senators to review at the present. With consensus of the senate, approval of the October 14, 2002 minutes would be postponed until December 9, 2002, at which time paper copies will be available.

IV. STANDING COMMITTEE REPORTS
A. ACADEMIC POLICY COMMITTEE
1. FS02-03/11-01 – Resolution Regarding Search Committee Deadlines. –
Motion: Search Committees at Appalachian may be permitted to use a more open-ended deadline when advertising for positions. (For example: "Review of applications will begin on January 7th and continue until the position is filled" rather than, "Completed applications must be received by 5 PM on January 7th.")

Rationale:
All other institutions in the UNC system allow this. This provides more flexibility to search committees in obtaining the best candidate.
Senator Yaukey noted that we lose good candidates under the current policy. Senator Weitz noted that the Compliance Officer does not support the motion and has not responded to a request for him to give his reasons. Gates speculated that the current policy has served Appalachian well (legally speaking).

Senator Woodworth called for the question on the motion.
VOTE 1. 24 yes 0 no 0 abstain The question passed.
Vote 2 on the motion as written.
VOTE 2. 24 yes 0 no 0 abstain The motion passed.

2. FS02-03/11-02 – Motion Regarding Directory of Equity Office-
Motion: That there be a national search for Director of the Equity Office this year, filling the position on July 1, 2003.

Rationale:
The Provost appointed the Director of the Equity Office (the person serving as Acting Director) in May without a search (internal or external). The Provost has not informed the faculty of this appointment.This is a key position to faculty. There already exists a credibility problem between this office and the faculty. The Provost did not support any of the Faculty Senate's recommendations to change the Equity Office (nor any of the ad hoc committee's recommendations, whose membership included deans, chairs, and faculty).

Senator Weitz read a letter from Provost Durham to her in response to her concerns about the way the current appointment was made. Senator Weitz then reiterated concern that faculty were not notified of the appointment and that the manner of appointment jeopardized the credibility and effectiveness of the office at a time when both are already in question. Provost Durham responded that not notifying faculty was an error of omission, but not commission. He also explained that the manner of appointment was based on financial and budgetary constraints. Had a search been conducted and a new appointment made, the position would have to be a faculty position since only faculty positions can be filled. All other positions are frozen under current budgetary constraints. The position of Acting Director was only recently made an administrative position (at the request of the Faculty Senate). The way the current director was appointed made it possible for the position to remain administrative. Provost Durham also reported that in the time frame relevant to the appointment, no questions of credibility or effectiveness have been brought to his attention. Senator Truett voiced her belief that the Director of Equity Office should be a tenured faculty member. Senator S. Simon stated that an email notification of the appointment would have been sufficient to notify faculty. Senators considered modifying the motion to request an internal search.

Senator Allen called for the question on the motion.
VOTE 3. 23 yes 0 no 1 abstain The question passed.
Vote 4 on the motion as written.
VOTE 4. 14 yes 3 no 7 abstain The motion passed.

3. FS02-03/11-03 – Motion Regarding an Ad-hoc Committee on Workload –
Motion: The Faculty Senate Chair form an ad hoc committee comprised of deans and chairs and faculty (and approved by the Faculty Senate) to continue the progress in regard to workload, whose charge is to come up with an academic plan.
Rationale:
A workload document was approved by the Faculty Senate and Council of Chairs in 2001. A plan to implement this document was approved by the Faculty Senate in 2002. We are in a budget crisis, most likely necessitating cuts that will affect academic programs. We have no academic plan to consult when making such cuts. We need an academic plan appropriate for a comprehensive university.
Senator Hall called the question on the motion.
VOTE 5. 23 yes 0 no 1 abstain The question passed.
Vote 6 on the motion as written.
VOTE 6. 23 yes 1 no 0 abstain The motion passed.

4. REPORT ON CHAIR’S TERMS. Senator S. Simon postponed the report to the December 9, 2002 meeting.

B. WELFARE OF STUDENTS COMMITTEE
1. FS02-03/11-04 – Minimum Sanction for Sexual Offense. –
Motion: Be it resolved that Faculty Senate recommends increasing the minimum sanction for anyone convicted of a sexual offense (article 401 g of Code of Student Conduct) from suspension for two regular semesters to suspension for eight regular semesters.

Rationale: Victims of sexual offenses should be assured that they are safe from further attack during their time at Appalachian. According to recent survey by Committee for Integrity at Appalachian 22.5% of women are raped here at Appalachian during a five-year college stay. There were an additional 1,221 rapes attempted during the same period covered by the survey. SGA passed a similar motion last year, but the university administration has not acted on it.

Ryan Ellis, SGA President, spoke in favor of the motion. He noted that Appalachian is on par with the national average of sexual assaults against women on college campuses. At the request of Senator Butts, Senator Rardin read the portion of Code of Student Conduct under revision in the motion. A number of senators voiced concern for the rights of the accused and questioned the process of judicial hearing.

Senator S. Simon called for the question on the motion.
VOTE 7. 20 yes 2 no 1 abstain. The question passed.
Vote 8 on the motion as written.
VOTE 8. 8 yes 7 no 8 abstain The motion passed.

1. FS02-03/11-05 Student Health Services Provide Rape Kits-
Motion: Be it resolved that Faculty Senate recommends that Student Health Services provide rape kits for students free of charge and trained staff for their administration.

Rationale:
Rape kits provide evidence of sexual assault. The best time to administer the kit is as soon as possible following the assault. A standard rape kit costs $300. In North Carolina, some rape and attempted rape victims can have this cost paid by a "victims of violent crime" fund, but not all victims can use this fund. Rape kits costing less than $100 are not covered, and no victim under the influence of alcohol or drugs at the time of the attack can use the fund. Appalachian State University should fully support and pay the cost of the collection of evidence to prosecute the sexual assault of its students. SGA passed a similar motion last year, but the university administration has not acted on it.
Senator Rardin reported that the motion would call for Student Health Services to be open 24 hours a day and 7 days a week and that providing both the kits and professionals to administer them would be very expensive. Senator Anderson expressed her belief that the university could pay for the kits but still have them administered at the emergency room of Watauga Medical Center. Rardin reminded senators that the motivation is to remove the burden of prosecution from the victim.

Senator Olson called for the question on the motion.
VOTE 9. 21 yes 0 no 0 abstain The question passed.
Vote 10 on the motion as written.
VOTE 10. 18 yes 1 no 2 abstain The motion passed.

C. COMMITTEE ON COMMITTEES
1. FS02-03/11-06 Motion Regarding University Committee Recommendations-
The Committee on Committees recommends appointment of the following faculty members to the committees listed below:

Academic Policies and Procedures Committee
Ron Marden (ACCT) to a three-year term representing the College of Business

Faculty Assembly
Ken Muir (SOC/SW) to a one-year term as an alternate delegate

Faculty Grievance Hearing Committee
Joan Woodworth (PSYCH) to a one-year appointment
as an alternate to the committee

Teaching Enhancement Committee
Jane Morgan (COM) as a one-year replacement for Roxanne Knudsen (COM) representing the College of Fine and Applied Arts

University Research Council
Mark Vogel (ENG) to a one-year term to replace Derek Paulsen (PSCJ)

Vote 11 on the motion as written.
VOTE 11. 19 yes 0 no 0 abstain. The motion passed. 2. Pending Appointments
The Committee on Committees is still seeking faculty to fill vacancies on the following:
Awards Committee
A three-year term to replace Lyle Schoenfeldt (MGT) representing the College of Business

3. FS02-03/11-07 Motion Regarding Awards Committee.-
Motion: Since the Awards Committee has not met in the past two years and since the original functions of the Awards Committee are being handled by other university committees such as the Teaching Enhancement Committee, the Faculty Senate hereby abolishes the Awards Committee as a standing committee of the Faculty of Appalachian State University
Senator Butts reported that the Awards Committee has done no work in three years. Senator Olson asked for a downside to keeping the committee apart from the fact that it does not work. Butts reported that he knew of none. Senator Anderson suggested a substitute motion recommending that Teaching Effectiveness Committee and Teaching Awards Committee carry out their respective charges.

*Chair Gates sent the motion back to committee for further study.

D. WELFARE AND MORALE COMMITTEE
1. Report:
Report on Student Health Center.
Senator Arnold reported as follows. My assignment was to check into Student Health Services policies concerning student excuses.
I talked to Dr. Pat Geiger, Director of Student Health Services, and her explanation is similar to the one provided to Dr. Ward in the copy Martha provided us before our last meeting. Dr. Geiger again noted that Health Services will, at the faculty member’s request, verify that the student was seen but cannot divulge the nature of the visit unless the student signs a release form, which the student should never be pressured to do. While it would be possible for Health Services to give a written confirmation stating that the student was at the infirmary at a certain time, it could not detail more than that. Dr. Geiger says that HS now sees approximately 250 students a day; she is concerned that automatically providing forms would increase that number in such a way that truly ill students would be delayed from seeing a physician, a primary concern. She also argues that such a change would increase work load for her staff.
Dr. Geiger says that this is an on—going issue at university Health Services across the nation and that their rationale for not providing forms is as follows:
It keeps the physician from having to make judgments that impinge on academic matters, and they would prefer to stay out of that arena.
it encourages students to accept adult relationships with professors, just as they would with employers.
Because of professional restrictions, HS could, in any case, do no more than confirm that a student was at the infirmary. They could not, without the student’s permission, say whether the student was actually ill or had in fact even been treated. If notes were automatically given out, HS would be brought into "the Game," which HS professionals feel "is based on mistrust." Dr. Geiger sent me an article, "The Medical Excuse Game as It is Played at Duke University," written by Dr. William A. Christmas. His conclusion:
"In an era when faculty members are being asked to interact more with students, faculty need to take the responsibility for determining excuses in their classes by discussing the matter directly with their students and eliminating all the middle men and women. This would result in an adult—adult relationship . .
Dr. Geiger says that she would be willing to discuss this further if we desired, but that, as physicians, most Health Services directors feel strongly that it is not the doctor’s place or obligation to become involved in the (often varied) academic policies of individual professors.
Does the committee want to pursue this? Should we report to the Senate?

2. Diversity Recommendations:
Senator Woodworth reported a recommendation that Appalachian’s diversity plan should have overall diversity as its goal and have a more specific plans for focusing on specific underrepresented groups at different times.

E. FACULTY HANDBOOK COMMITTEE
1. Report:
Report of the Faculty Handbook Committee – A question has arisen because part-time faculty and full-time faculty in some departments are concerned that the present Handbook language (Faculty Constitution art. 2, ss 2) excludes Adjunct faculty from participating in university governance. Present practice in issuing contracts for man part-time faculty is to appoint them with the title, Adjunct Lecturer, thus putting into question their legitimate participation in departmental/university affairs, despite many having long and continuous service in departments such as English and History and a desire to participate in departmental governance.
Additionally, FH section 4.4.3.4 specifies that only part-time faculty teaching more than six hours are eligible for participation in Faculty governance; but even this allowance might be at jeopardy if their appointments as proposed a possible solution that will allow part-time faculty teaching six hours or more to participate in faculty governance. That solution, along with some other minor adjustments in the Handbook occasioned by examining this issue, is attached to this report. The question that has arisen, and on which the Committee seeks senators’ advice, is whether part-time faculty teaching six hours or more (or indeed, six hours only) should be allowed to participate in faculty governance. There have been cases in which faculty and departments have protested inclusion of part-time faculty hiring or curriculum development, since in some departments part-time faculty in issues such as selection of departmental chairs or full-time faculty hiring or curriculum development, since in some departments part-time faculty numbers could easily out-number the votes of regular full-time faculty who welcome the advice and participation as a possible danger/concern to governance by full-time faculty.

2. The Committee’s Proposed Solution:
If the Provost has been making part-time appointments titled Adjunct Lecturer or has used adjunct in connection with another title as listed in FH 3.4.2.8.2., there should be a review of this procedures, because of the confusion and misunderstanding spreading among faculty teaching part-time about whether they have rights to participate in governance. This is a high priority item. It needs resolution immediately.

By my reading of the section (3.4.2.8.2.), the prefix Adjunct can only be used in conjunction with the ranks Instructor, Assistant Professor, Associate Professor, and Professor. Part-time faculty can be appointed as Lecturers, Artists-in-Residence, etc. for fixed periods of time. Obviously, we have been appointing part-time faculty to fixed terms of less than one year, to acknowledge the reality of these appointments by having its first sentence read: "Appointments may be for a fixed term of a semester or one, two, three, four, or five years."

This would mean that nearly all presently employed part-time faculty would hold the rank of Lecturer on a fixed term of employment. And, by changing 3.4.2.8.3. to identify a semester as one possible fixed term, the problem gets solved.

It means that the exclusion of Adjunct faculty in the Faculty Constitution (art. 2., ss.2) can stay, because they will be mostly not recurring part-time or short-time employees. The balance of the sentence can remain, since part-time faculty status is defined in 4.4.

This specifies the rank of Lecturer for all (or nearly all) part-time faculty. Section 4.4.2.1. defines part-time appointments. However, 4.4.2.3. should have its second sentence read, "The vast majority of part-time faculty are appointed at the rank of Lecturer."

Delete the final parenthesis in 4.4.2.2., because it points to a section whose text has been completely pasted into 4.4.2.2..

To solve the question of how many hours of part-time teaching qualify for participation in governance: change 4.4.3.4. by deleting "more than six (6) hours" in line one, substitute with, "six (6) hours or more."

Submitted by:
Mike Moore, Chair of the Faculty Handbook Committee (Stella Anderson, Chip Arnold, Paul Gates, Gayle Weitz

Senator Allen noted a lack of quorum.
The meeting ended at 6:30 p.m.

Respectfully submitted by Patrick Rardin

APPALACHIAN STATE UNIVERSITY - FACULTY PRESENT AND VOTING SHEET
November 11, 2002

voting symbols: Y = yes  N - no A = abstain - HarveyDurham, Ex-officio

VOTE 1: Call to question on FS02-03/11-01. Motion regarding Search Committee Deadlines.
VOTE 2: On the motion as written.
VOTE 3: Call to question on FS02-03/11-02. Motion regarding Directory of Equity Office.
VOTE 4: On the motion as written.
VOTE 5: Call to question on FS02-03/11-03. Motion regarding an Ad-Hoc Committee on Workload.
VOTE 6: The motion passed on the motion as written.
VOTE 7: Call to question on FS02-03/11-04. Minimum Sanction for Sexual Offense.
VOTE 8: On the motion as written.
VOTE 9: Call to question on FS02-03/11-05. Student Health Services Provide Rape Kits.
VOTE 10: The motion passed on the motion as written.
VOTE 11: Motion on FS02-03/11-06. Motion regarding the Committee Recommendations.

VISITORS: Bill Ward, Academic Affairs; Len Johnson, Human Resources; Bobby Sharp, Institutional Research and Planning; Mick Kreszock and Jennifer Mecho, Institutional Technology Center; Peter Petschauer, History; Beth Kramer, Library; Ryan Ellis and Rachel Johnson, SGA; Jennifer Brannock, The Appalachian; Clint Wrede, Awards Committee.