Academic Senate
Meeting of April 21, 2004

Minutes

Present: M. Afifi, M. Apostolos, J. Brown, R. Cole, G. Davison, R. Garet, J. Gates (alternate for D. O’Leary), J. Glueckert, N. Hanel, E. Heikkila, E. Hollins, N. Hollyn, B. Kosko (alternate for K. Shing), P. Levine, W. Mack, E. McCann, J. Moore, M. Nichol, R. Nishimoto, J. Nyquist, G. Painter, P. Pattengale, M. Safonov, G. Schierle, P. Starr, P. Vorderer, J. Walsh, W. Weber, M. Weinstein, D. Wilson, W. Wolf (alternate for D. Ann), B. Wood

Absent: D. Ann, C. Betts, P. Conti, C. Fogu, E. Garrett, S. Montgomery, D. Stram, W. Weber, R. Zemke

Guests: B. D’Autremont, M. Levine, S. Lu, R. Mosteller, T. O’Malia, H. Slucki, C. Zachary

Actions:

1. Resolution 03/04-08 was adopted.

The meeting was called to order at 2:50 p.m.

1. It was noted that the resolution regarding salary notification was missing an ‘or’ between ‘with without’ on the second page. The minutes of the March meeting were approved 20 in favor, no opposed, and one abstention. It was noted that Senator Nyquist performed admirably as the substitute Secretary of the Senate.

2. President McCann announced that the May Senate meeting will include a mini-retreat between 1 and 2:45, focusing on the draft Strategic Plan. The regular meeting will commence at 2:45. As there are several issues pending for resolution at the end of the year, the Senate should expect to have voting actions in the regular meeting. The meeting will be held on May 12, in the Faculty Center Pub.

The Nominating Committee is still searching for a second Academic Vice President nominee. It was indicated that there will be a shortened election period because of the difficulty filling the slot, and the Senate will be kept informed of the progress.

The proposed reorganization of the handbook should be completed and distributed well in advance of the next meeting. It is anticipated that the Senate will vote on the changes at that time.

3. President McCann introduced Professors Wood and O’Malia to initiate the discussion on the courseware proposed policy resolution. The Distance Education/Distance Learning (DEDL) Committee included representatives of the faculty and administration. The Committee entertained comments from the Senate, and the Executive Board, and investigated policies of other schools. The proposed policy resolution is a substantial revision from the policy introduced last year at the Senate, and permits the instructor to maintain ownership of the materials developed for course materials. Appreciation was expressed for the work of the DEDL as it is clear that the members have devoted a considerable amount of effort in this revision.

It was recommended that the Senate ask the AAUP to comment on the courseware draft policy prior to the May meeting. While the proposed policy does place ownership of course materials with course faculty, a concern was expressed that the proposed policy is in conflict with Section 2.1(a) of the existing intellectual property policy. One solution would be to make the proposed policy pre-eminent by superseding that section of the IP policy.

A concern was also expressed that the policy requires the faculty to obtain permission from the respective dean. This leads to the possibility that the dean may demand that royalties be shared. It was mentioned that the focus of the proposed policy is to obtain agreement prior to the development of the courseware to assure that expectations are clear.

Section 5 which purports to address conflict of interest, has elements that contradict other elements of the policy. It was recommended that the first bullet of the section be deleted.

Bullet 1 under University ownership, asserts that the University owns work created under sponsored projects. This should be changed to ‘when the courseware is created as works for hire under sponsored projects.”

Bullet 3 is also problematic because it asserts that the University owns the product when there is an agreement in place. It was noted that the agreement may actually provide for ownership by the creator. It was proposed to delete bullet 3. The representatives of the DEDL committee mentioned that this bullet was considered essential to the identification of ‘non-incidental use.’ A concern was expressed about relying on the respective dean as the arbiter. DEDL will seek legal advice regarding this section as well as the previous concerns.

It is not clear that Section 5 covers the likelihood that the instructor may be developing slides in connection with a textbook. The interpretation of the DEDL members was that the section provides for use of such materials by the creator. Section 5.1 was written to protect the faculty from accusation after the materials have been developed.

Section 3 discusses Sponsored Project Agreements, but the development of courseware within the scope of a grant is still unclear. This section does not explicitly resolve the question regarding ownership by the faculty creator or the University.

It was mentioned that the key issue is the financial scope of the returns. One proposed solution would be to set a threshold level for requiring an agreement between the faculty creator and the University. Some senators did indicate that financial considerations should not be the determinant of relevance for courseware ownership.

The DEDL will take the comments from the Senate, consult with appropriate experts, and return with a revision for consideration at the May meeting of the Senate. It is hoped that a policy will be adopted at that meeting.

4. Resolution 03/04-08 was introduced by Senator Pattengale and seconded by Senator Wilson. The resolution encourages the immediate initiation of a decanal search for the Keck School in order to replace Professor Ryan, who has resigned effective June 30, 2004.

The motivation for this resolution was not understood since it is common for national searches to follow from such vacancies. It was noted that the Medical Faculty Assembly was concerned that administration has not committed to a national search for the replacement of the dean.

An amendment was proposed to include an additional paragraph, “Whereas, there remains uncertainty whether there will be a national search for dean of the School.” The amendment was accepted as a friendly amendment.

Concern was expressed about whether it is necessary for the Senate to take a position on the resolution or whether it should return to the MFA. It was noted that the Senate’s opinion would lend weight to the expressed concerns.

The urgency of the matter is not immediately clear to some members of the Senate, and it was posited that there could be situations in which a temporary appointment would have significant restrictions on the authority of the dean. It was recommended that the MFA may wish to withdraw the motion and take the issue directly to the Provost. Senator Pattengale indicated that the MFA considered the alternatives and did not find this satisfactory.

An amendment was offered to revise the resolution to state that the search should commence as soon “as is feasible.” The amendment was accepted by the maker and seconder as friendly.

The motion was accepted with 14 votes in favor, 3 against, and 8 abstentions.

5. President McCann introduced Mr. D'Autremont who requested comment from the Senate on a new policy regarding parking. Parking prices will be increasing by approximately five dollars per month, for the second time in nearly seven years. A real-time reservation system will be introduced that will allow units to make reservations when needed. There will also be a digital system for outside users to access parking on campus, which should reduce the lines entering the University parking lots. It was also noted that the USC gas station across from the parking center on UPC can save users 5-10 cents per gallon.

6. Margaret Harrington was introduced to address the 10 digit identification number. Ms. Harrington presented several documents that explained the implementation of the identification number, and the response to concerns expressed at a previous meeting of the Senate. This new number will allow the elimination of the social security number as well as several other important structural improvements. The number has been implemented in the student population and will be implemented by the fall semester in staff and faculty populations. Senators were encouraged to review the response to the concerns expressed at a previous meeting, and to contact Ms. Harrington if there are other issues. It was noted by the Senate that the committee working on this task has done an impressive job in developing and implementing this new policy.

7. Vice Provost Levine was introduced and commented on several new informational areas. Provost Levine indicated that faculty will be receiving emails for the annual increase notification, as requested by the Senate last year. The pay schedule will be aligned with the academic year (ending May 15 henceforth). The Strategic Plan open sessions included extensive comments about the importance of helping society. The Provost continues to encourage comments and insights for integration into the plan.

Provost Levine was asked about the policy at the Medical School which involves sending letters to faculty prior to the conclusion of the County contract negotiations that their positions will not be funded in the next year. Clarification of the process and recourse for faculty was requested. Provost Levine noted that this was required by federal law because of the fact that the contract has not been renewed. Faculty recourse depends on whether the dispute involves the merit of the faculty member’s performance or the fairness of the process. Provost Levine was encouraged to review the recommendations of department chairs to assure that individuals selected for dismissal are adequately protected from subjective determinations. Provost Levine indicated that at least three individuals review the list of recommended dismissals.

There being no new business, the Senate was adjourned at 4:40 p.m.

Respectfully Submitted,

Mike Nichol, Ph.D.

Secretary General of the Academic Senate