Academic Senate

Minutes

 

January 17, 2001

 

 

Present: F. Clark, W. Dappen, W. Dutton, F. Feldman,  J. Gates, D. Ghirardo, N. Hanel,

C. Julienne (alternate for S. Sobel), H. Kaslow, P. Knoll, B. Kosko, J. Kunc, T. Kuran, R. Labaree, W. Mack, J. Manegold, A. Mircheff, S. Murphy, J. Nyquist, M. Renov, B. Sarter, H. Schor, D. Stram, D. Walsh, M. Weinstein, M. Wincor, B. Zuckerman

 

Absent: K. Alexander, M. Apostolos, A. Crigler,  D. Bohlinger, , R. Goodyear,

H. James,  B. Knight, D. Larsen, P. Nosco, M. Omar, J. Peters, E. Saks, D. Sloane, B. Solomon

 

Guests:  Y. Chen, S. Golomb, M. Levine, L. Macchia, R. Rodriguez, H. Slucki, C. Zachary

 

 Senate called to order at 2:30 p.m. by President William Dutton.

Meeting adjourned at 4:35 p.m.

 

Action taken by the Senate:

 

Approval of Minutes of the December 13, 2000 meeting (Agenda item  #2)

Minutes approved without dissent.

 

Senate President Dutton agreed to write faculty for feedback on the Senate, Executive Board and Faculty Councils, including thoughts on how to improve their performance. (Agenda Item 5).

 

 

Announcements by President Dutton  (Agenda item #1)

 

1. Intellectual Property:  On 4 January, the Executive Board met with Vice Provost Neal Sullivan to discuss progress on a number of new and up-dated research policy issues as outline below:

 

A. Intellectual Property:  Last academic year, the Senate passed a policy on Intellectual Property, dealing with copyright, patent and trademark policies.  Discussion of that issue in the Senate raised the concept of offering faculty an option of working within existing policy on royalty sharing, for example, rather than opt into the new policy.  In light of that discussion, the Administration plans to introduce a revised policy, which includes an option for current faculty.  The new policy would apply to new faculty, and to current faculty who choose it.  It is hoped that this new policy reaches the Senate within the next two months.

 

B. Courseware:  The courseware policy has been separated from the previous policy and is being discussed by a subcommittee of the Research Committee.  They are reviewing the policy developed at the University of Chicago as a better model to adapt for use at USC (see the Senate Web site).

 

C. Incubators:  Vice Provost Sullivan is enthusiastic about the development of an incubator policy for USC, which we do not have at the present time, as a means to facilitate the development of real and virtual incubators that would stimulate and support useful collaboration between faculty, students and industry.

 

D. Post-Doctoral Fellows:  A post-doctoral fellow policy is being developed as a means to facilitate and encourage more post-doctoral positions.

 

E. Misconduct:  Based on new federal guidelines, USC is up-dating its Policy and Procedures for Reporting and Investigating Allegations of Misconduct in Scientific Research.

 

F. Conflicts of Interest:  USC is up-dating its September 20,1995 policy on Conflict of Interest in Research: Policy and Procedures.  This will involve, among other things, the creation of a more formal versus ad hoc panel of faculty to advise the Provost on issues arising from Faculty Disclosure of Financial Interests in research. The Senate Selection Committee and Executive Board will help review and nominate individuals to serve on this panel.

 

2. Deferred Rush:  On 10 January, the Executive Board met with Michael Jackson, Vice President of Student Affairs, Ken Taylor, Assistant Vice President of Student Affairs and Office for Residential and Greek Life, Lawford Anderson, Past President of the Senate, and four student representatives of the Greek fraternities and sororities to discuss the status of deferred rush, the subject of a Senate Resolution (98/99-03), which favored the principle of deferred rush by an 11-10 vote in November, 1998.  It was a constructive meeting at which we were able to hear about progress on several fronts, and arguments in favor and opposed to instituting deferred rush.  The Senate can provide advice or other support in whatever further consideration this issue merits.

 

3. Faculty Handbook:  The 2000 Faculty Handbook is awaiting President Sample's signature and will be posted on the Web as soon as possible after its final approval.

 

4. Dismissals: Professor Kosko of Engineering asked that we look into rumors that faculty dismissals have risen dramatically over the last few years  There are about 1-2 dismissal cases per year.  Some cases extend over  2-3 years.  Over the last few years, there have been no more than about half a dozen cases.  The University usually deals with 1-2 cases a year out of a faculty of over 2,500 tenure-track faculty.  The numbers are way too small to talk about geometric increases in dismissal.  Dismissals were all quite exceptional cases, most often tied to a faculty member abandoning his or her teaching responsibilities.

 

6. Family Leave:  The Joint Provost/Senate Task Force on Family Leave Policy has completed its report.  Dated 18 December 2000, the report is now available on the Senate Web site (look under Current Topics) and copies are available for distribution at today's meeting.  The chair of the Task Force, Professor Mary Dudziak, and some of her colleagues have agreed to join our February Senate meeting to discuss their findings and recommendations.  Professor Dutton  will also send out copies for feedback from Faculty Councils.

 

 

Tenure Clock Task Force Report (Agenda item #3)

Professor Timur Kuran, Chair of the Tenure Clock Task Force, presented their completed report to the Senate.  The report recommends a revision of the Faculty Handbook that will permit individual schools to extend a tenure clock from the current maximum of 7 years up to a maximum of 12 years.  The tenure clock extension will require a secret vote of the faculty within the school before it can take effect.  This recommendation is a change in tenure standards, but one that would increase flexibility so that individual school’s tenure clocks could be set to match national trends within their set of competing institutions. 

 

President Dutton stated that this issue requires wide consultation with faculty, so there was no anticipation of a vote on this until a later Senate meeting, either in February or March.  He encouraged Senators to take this issue back to their faculty councils for debate and consideration.  He will also send out a request for written comments from faculty councils.

 

There was extensive discussion following the report.  Issues of concern included:  1) this change still might lead to different standards for tenure, 2) may cause the faculty member more work since he or she may have to obtain outside letters more often than is the case now (for example, at the 6th and again at the 8th year), although letters are presently required for promotion to Associate and full Professor, 3) an extended clock would “raise the bar,” 4) be generally unfair -- instead of a 6 year “up or out” an individual would have to wait 10-12 years for a decision, 5) unfair for female faculty who would find themselves putting their child bearing off even longer than now, 6) may hurt recruiting faculty who be reluctant to give up a tenured position to come to USC where they would have to wait another few years for tenure, 7) UCAPT would not be able to fairly evaluate a 6, 9, or a 12 year tenure decision, and 8) this recommendation is “not well thought out”.  Support arguments included:  1) extending the clock would be fair for faculty at schools where a 6 year tenure decisions does not permit enough time for a decision among faculty who have multi-responsibilities, or require time to set up labs or projects critical to publication downstream, such as at the medical and business schools, 2) allows individual schools to match national trends for tenure decisions, 3) extension will help keep excellent faculty that are lost to schools where the clock is longer (this is reported to be happening in the business school), 4) UCAPT already has experience with schools that have shorter clocks like the law school and should be able to handle differences in the tenure clock, 5) maintains a University-wide standard maximum, but with more flexibility by school and 6) this change would only take place if the school’s faculty voted for it and thus would reflect the will of the faculty. 

 

 

Revised Health Benefit Policy for Retired Faculty (Agenda item #4)

President Dutton announced that the Provost, in consultation with the Senate Executive Board and relevant committees, is formulating a new policy in light of recent court rulings over age discrimination tied to unequal costs or benefits for those over or under age 65.  The Executive Board and relevant committee chairs, Jim Manegold and Bill Weber, met with USC Counsel, David Raish of Ropes & Gray in Boston, to ensure that we understood his interpretation of the Circuit Court case, and what it means for USC. He was accompanied by Jim Ball of USC's Office of General Counsel and Lisa Macchia, Director of Health Plans Administration.  Discussion ranged from the details of the case law to how the health benefits policy could be revised in order to move the benefits for retired faculty to equal benefits and costs.

 

A revision in line with recent court rulings is likely to involve a change in the principles underpinning the policy passed last year by the Senate.  It is possible under some scenarios that retirees would receive less than what was passed by the Senate last year.  However, the Executive Board felt that current discussions are too preliminary to bring any specific recommendation or proposal to the Senate or the Senate Committees dealing with faculty benefits. As soon as a new policy is made concrete, it will be presented to the Senate for discussion and action. 

 

 

Engineering Faculty Council Proposal to Amend Senate Constitution

(Agenda item #5)

Joseph Kunc, head of the Engineering Faculty Council, proposed a motion on behalf of the faculty of the School of Engineering, asking that the officers of the Senate be directly elected by the faculty rather than by the Senate representatives.    President Dutton noted that Article IV, Section 7 of the Senate Constitution states:  "The Academic Senate shall elect the executive officers of the faculty and the Members at Large of the Executive Board."  Therefore, the proposal seeks to amend the Senate Constitution.  The procedure is, therefore, that we would need a majority of the Senate to vote in support of this motion in order for a resolution to be on the agenda of our next Senate meeting.  At that time, it would require a 2/3rds vote of the Senate to adopt the proposed amendment.

 

The proposed motion was discussed, but no formal motion was made.  Following the discussion, which included a discussion of the general issue of how to engage more faculty in activities and work of the Senate, President Dutton agreed to send a request to each faculty council for constructive suggestions for improving the culture and effectiveness of the Senate, including the Executive Board and the Faculty Councils.

 

Professor Kunc said the proposal was only meant as a device for alerting the Senate to the concern of Engineering School faculty over the degree to which faculty involvement and participation in the work of the faculty councils and Senate needed to be addressed.

 

The proponents of the motion raised concerns about the Executive Board in that 1) the current Senate Executive Board is too powerful in that it deals with issues that should be discussed by the entire Senate, 2) its resolutions get passed by the Senate, and 3) it is not in step with the desires of “rank and file” faculty.  Proponents also state that direct elections of the Executive Board and Senate President would result in involving more faculty throughout the University.  Currently, not enough faculty know or care about the Senate.

 

Arguments raised in opposition to the proposed motion were:  1) direct elections of the Executive Board and President would result in the fact that neither would be responsible to the Senate, as is now the case, 2) most faculty are not as knowledgeable and informed as the Senate is in making informed decisions about Senate leadership, 3) the Nomination Committee seeks qualified candidates and broad representation on the Executive Board, while direct elections could narrow representation and result in gadflies being elected only because of name recognition, 4) qualified candidates may not be attracted to seek election when opposed by the faculty gadfly with name recognition, 5) large schools would be disproportionately advantaged, 6) small schools would be under-represented, 7) the Academic Senate is not a legislature, but a deliberative body that seeks to advise and influence the administration as well as keep the faculty informed about relevant issues, and 8) the motion in its present form would disenfranchise a large number of special and clinical track faculty since it excludes them from voting for the Executive Board and the President.

 

 

Non-Tenure Track Policy for Keck School of Medicine (Agenda item #6)

Relevant background documents were distributed, but discussion was deferred to the February meeting.

 

 

Office of the Provost:  Vice Provost for Faculty Affairs (Agenda item #7)

Did not have time for Vice-Provost Levine’s report.

 

 

New Business (Agenda item #8)

Item not discussed.

 

 

Handouts at the Meeting:

1)    Minutes of December 13, 2000 Academic Senate Meeting for approval

2)    Minutes of October 18, 2000

3)    Academic Senate Roster: 2000-2001

4)         Task Force on Tenure Clock Policy Report

5)         Joint Provost/Faculty Senate Task Force on Family Leave Policy December 18, 2000 Report

6)         Proposed Resolution from the Engineering Faculty Council:  Open Vote for Senate President and Executive Board

7)         Conflict of Interest in Research:  Policy and Procedures, September 20, 1995

8)         Procedures for Non-Tenure Track Faculty Appointment, Promotion, Reappointment, Non-reappointment and Mid-contract Termination at Keck School of Medicine

9)         December 10, 2000 letter from President Dutton to Professor Kaslow

10)     January 9, 2001 letter from Provost Armstrong to Professor Kaslow

11)     Senate Resolution 96/97-17

12)     Copy of Faculty Handbook, Pages 32-34 with suggested additions

 

 

 

 

 

 

Respectfully Submitted,

 

 

 

 

Jerry D. Gates, Ph.D.

Secretary General of the Academic Senate