Faculty Senate Agenda

December 1, 2014 3:30 p.m.

CALL TO ORDER APPROVAL OF MINUTES November 3, 2014 PRESIDENT’S REPORT: Senator Benson UNFINISHED BUSINESS:

Policy 4.6.16 – Dismissal of Faculty (action item) Policy 1.5.1 – Financial Exigency (action item)

NEW BUSINESS:

Report from Council on Academic Affairs (See separate PDF file for the curriculum forms - 86 pages)

REPORTS & QUESTIONS:

Executive Committee Report: Senator Day Faculty Regent: Senator Thieme COSFL Representative: Senator Scarambone Provost: Senator Vice Student Government Association: Kyle Nicholas, President

STANDING COMMITTEES: Academic Quality Committee: Senator Hunter, Chair Budget Committee: Senators Givens & Hatcher, Co-Chairs Elections/University Nominations Committee: Senators Brumfield & Johnson, Co-Chairs Information Technology Committee: Senator Kilgore, Chair Rights & Responsibilities Committee: Senator Maloley, Chair Rules Committee: Senators Adams & Skubik-Peplaski, Co-Chairs Welfare Committee: Senator El-Amouri, Chair AD HOC COMMITTEES: Legislative Forum: Senator Hatcher, Chair ADJOURNMENT

FACULTY SENATE MINUTES

November 3, 2014

3:30 p.m.

The Faculty Senate of Eastern Kentucky University met on Monday, November 3, 2014, in the South Ballroom in the Keen Johnson Building. Senator Day called the third meeting of the academic year to order at approximately 3:30 p.m. The following members were absent: D. Allen*, R. Cleveland*, C. Elliott*, D. Givens*^, S. Hunt, R. Johnson, K. Jones, J. Lowry*^, K. Maloley*, D. Miller*, B. Scarambone*, J. Thaxton, D. Travis* *indicates prior notification of absence

^ ALT John Taylor attended for D. Givens

^ ALT John Bowes attended for J. Lowry

ANNOUNCEMENTS:

Senator Day welcomed visitors from the first cohort of the President’s Leadership Action Academy to the Senate. The members are as follows:

Kishore Acharya, Project Manager, Project Administration Scott Arias, Instructor, Applied Engineering and Technology Ryan Baggett, Associate Professor, College of Justice and Safety Stephen Caudill, Interim Payroll Manager, Accounting and Financial Services. Kellie Ellis, Assistant Professor and Clinic Director of the School of Clinical Education Prep., College of

Education. Katherine Fair, Lecturer and Coordinator, Mathematics. Anthony Lamanna, Assistant Professor, Applied Engineering and Technology Jason Marion, Assistant Professor, Environmental Health Services. Salome Nnoromele, Professor, English and Director, African/African-American Studies Program Tom Otieno, Professor and Associate Dean, Arts & Sciences Jennifer Ott, Assistant Director, University Development and Alumni Relations Karen Peavler, Director of Business Operations, EKU Center for the Arts Bernardo Scarambone, Associate Professor, Music Matt Schumacher, Student Success Data Analyst, Retention and Graduation Caelin Scott, Training Administrator, 21st Century Community Learning Jennifer Strauel, Interim Director, Human Resources Jennifer Wies, Associate Professor, Anthropology Ryan Wilson, Academic Advisor, Center for Advising and Recruitment in Educational Services, College of

Education

APPROVAL OF MINUTES:

The October 6 minutes were approved as written. REPORT FROM THE PRESIDENT: Senator Benson Below are highlights from recent events.

On Sunday evening, October 19, the EKU Board of Regents hosted a community reception in Hazard, followed the next day by a regularly scheduled Board meeting at the University Center of the Mountains. Following the meeting, a groundbreaking ceremony was held in Letcher County for the Lilley Cornett Woods Research Center. The research facility, expected to open by next summer, underscores the

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University's commitment to regional stewardship and is poised to become a nexus of multidisciplinary research that will draw scientists and students from universities across the nation.

On Tuesday, October 21, students, staff and faculty joined hands in numerous service projects to beautify the campus. They painted, they spread mulch, and they even planted a tree in front of the Keen Johnson Building.

On Thursday, October 23, approximately 200 people attended a groundbreaking ceremony for Phase 2 of the New Science Building, which will house the Departments of Biological Sciences and Geography and Geology.

The Inauguration ceremony is available at: https://www.youtube.com/watch?v=T17ihxYndEY. The Department of History has developed 23 career paths to facilitate a more holistic educational experience and build on the marketable skills of its graduates. These paths are designed to meld a broad liberal arts background with specific skill sets via a second major or minor in such fields as broadcasting and electronic media, journalism, public relations, advertising, paralegal sciences, economics, geography, communication studies, management, and globalization and international affairs, among others. Dr. Roger Cleveland, associate professor of Educational Leadership and Policy Studies, was inducted recently into the Kentucky Civil Rights Hall of Fame. Safety City, which is a joint effort of the Lexington Division of Police and EKU’s College of Justice & Safety, reopened on October 15. Lexington's Safety City provides educational safety programs for second-and third-grade students. The site, at 1160 Red Mile Place, includes a life-like roadway, traffic Signals, and buildings, including a police station. The curriculum includes road safety, traffic rules, seatbelt safety, stranger-danger safety and even internet safety. GUEST SPEAKERS:

Report from EKU FAR. Dr. Sheila Pressley was in attendance to discuss the responsibilities and the role of the EKU FAR. UNFINISHED BUSINESS:

Policy 4.6.11 – Clinical Faculty. Senator Fitch moved, seconded by Alternate Taylor, to amend the following sentence on page 4 from:

Beginning in 2015-2016, all clinical faculty will be notified no later than May 15 of non-reappointment for the following academic year. To: Beginning in 2015-2016, all clinical faculty will be notified no later than March 1 of non-reappointment for the following academic year.

The first motion to amend carried. Senator Whalen moved, seconded by Senator Chandra to amend the last sentence on page 1, paragraph 4, from:

“Workload for a clinical educator is calculated on a candidate to educator ratio reflective of state regulations and accreditation guidelines and equal to no more than a traditional 15 hour teaching load.”

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To: “Workload for a clinical educator is calculated on a candidate to educator ratio reflective of state regulations and accreditation guidelines and equal to no more than a traditional 15 credit hour teaching load.”

The second motion to amend carried. Senator S. Hunter moved, seconded by Senator Vice, to amend paragraph 5 on page one from:

The workload for clinical faculty in other fields shall be the equivalent of a 15 credit-hour teaching load. To: The workload for clinical faculty in other fields shall be the equivalent of no more than 15 credit-hour teaching load.

The third motion to amend carried. The main motion, as amended, carried. Policy 4.6.15 – Foundation Professorships. Senator S. Hunter moved, seconded by Senator G. Hunter, to approve Policy 4.6.15. Motion carried. Policy 1.4.1 – Non-Discrimination and Harassment. On behalf of the Executive Committee, Senator Day moved for approval of Policy 1.4.1. Motion carried. Policy 1.4.1R – Non-Discrimination and Harassment Response Regulation. On behalf of the Executive Committee, Senator Day moved for approval of Policy 1.4.1R. Motion carried. Policy 1.6.1 – Reporting. On behalf of the Executive Committee, Senator Day moved for approval of Policy 1.6.1. Motion carried. Policy 1.6.2 – Non-Retaliation. On behalf of the Executive Committee, Senator Day moved for approval of Policy 1.6.2. Motion carried.

NEW BUSINESS:

Policy 4.6.16 – Dismissal of Faculty. Senator Day introduced Policy 4.6.16 and encouraged the Senators to share and gather feedback from their colleagues. The policy will be on the December agenda for action. (SEE: feedback from forum) Policy 1.5.1 – Financial Exigency. Senator Day introduced Policy 1.5.1 and encouraged the Senators to share and gather feedback from their colleagues. The policy will be on the December agenda for action. (SEE: feedback from forum) Report from Council on Academic Affairs - Senator Vice

New Program College of Arts & Sciences

Department of Philosophy and Religion

1. Minor in Applied Ethics Add a Minor in Applied Ethics to the Department of Philosophy and Religion curriculum offerings.

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Program Revisions

College of Health Sciences

Department of Exercise and Sports Science

2. Master of Science in Physical Education Change the exit requirement for two of the three Concentrations in the program:

1. Sports Administration students will no longer take GRD 887b (MS Physical Education Written Comprehensive Exam). They will be required to successfully complete PHE 896 as fulfillment of exit requirements. 2. Exercise and Wellness students will no longer take GRD 887b (MS Physical Education Written Comprehensive Exam). They will be required to successfully complete GRD 888d for fulfillment of exit requirements.

Department of Occupational Science & Occupational Therapy 3. Masters of Science in Occupational Therapy

1. OTS 845, OTS 846 and OTS 847 will become Capstone classes to meet the Exit Competency requirement for the MS in Occupational Therapy and will replace the Comprehensive Exam (GRD 887D) as the exit requirements for entry level master’s students. 2. OTS 898 and OTS 899 assigned credit hours in the catalog need to be changed from [0] to [6] to accurately reflect program requirements.

Information Item

University Programs

4. Credit/No Credit Coursework Allow letter grade for EKU-approved study abroad courses for EKU students who receive pre-approval. (Undergraduate Catalog, p. 53).

On behalf of CAA, Senator Vice moved the following items for approval:

Item 1. Motion carried. Items 2-3. Motion carried.

Item 4 was listed for information only. STANDING COMMITTEE REPORTS REPORT FROM SENATE CHAIR: Senator Day At the October 27 Executive Committee meeting, FS Vice Chair Shirley O’Brien led a discussion on concerns related to the inefficiency of advising students when the schedule book is unavailable. Provost Vice noted that steps are being taken to have the information available sooner. The Executive Committee expressed support for the new Professional Development model, which the Provost and a faculty work group have had in development for several months. Senator Vice will brief the Senate in her report. The Colonels Comply workgroup has begun identifying the scope of work and creating a reporting structure. See the Higher Education Compliance Universe Risk Matrix to gain some perspective on the number and nature of issues the university is required to monitor. They range

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from the small to the large, but all are required by law. Check out the Colonels Comply webpage at http://colonelscomply.eku.edu to learn more.

At the Board meeting in October, Senator Day raised an issue with the Regents that has been raised before but never acted upon. The Student Government President (Student Regent) is elected in May, but SGA President Kyle Nicholas was not sworn in until October. This disenfranchises the students for nearly half of his term. There would seem to be two potential remedies. One would be lobbying the legislature to amend the requirement that the Student Regent must wait until the new fiscal year to take office. Much simpler would be moving the regular Regent’s meeting date from June to July. Surely our Regents are sufficiently committed to including student voice that any concerns over summer vacations could be worked out. The Strategic Planning Steering Committee should finalize the draft strategic plan today. The goal is to post the plan for the campus community to provide feedback next week. The Implementation Team has been reviewing graduation and retention data for the university. Senator Day was honored to carry the university mace on behalf of the faculty during the recent inauguration of our 12th president. REPORT FROM FACULTY REGENT: Senator Thieme

The Board of Regents held its quarterly meeting at Hazard Community & Technical College in Hazard, Kentucky. The Board met in Hazard in order to tour the Lilley Cornett Woods Research Center and to participate in the groundbreaking ceremony for the new research center and bunkhouse to be built at the site. To learn more about the Research Center visit http://naturalareas.eku.edu/. Below are highlights from the meeting.

The letter of acceptance of certification of election of president of student government association (2014-2015) was presented to the Board.

Kyle Nicholas was sworn in as the Student Regent. The four sub-committees of the Board presented their business meeting reports to the Board. The Board heard reports from Craig Turner, Kyle Nicholas, Richard Day, Leah Banks, and President

Benson. All Action Items from the morning business meetings were presented to the Board: All Action Items were

unanimously approved.

The next Board meeting will be hosted by the College of Business & Technology on January 25, 2015.

Link to the 2014-2015 Operating Budget: http://budgeting.eku.edu/sites/budgeting.eku.edu/files/files/Operating%20Budget%20Books/FY2015/Revised

%20070914%20Final%20FY2014-15%20Operating%20Budget%20with%20covers.pdf

For additional budget information see: http://budgeting.eku.edu/transparency-and-accountability

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Faculty Senate Minutes November 3, 2014 Page 6 REPORT FROM PROVOST: Senator Vice

Provost Vice announced that Academic Affairs is implementing a new program to enhance professional development opportunities for faculty, with particular attention to teaching. With input and guidance from the Professional Development Workgroup, Faculty Senate Executive Committee, the TLC, and the Chairs’ Association, principles and goals have been adopted. These principles and goals provide guidance for each department to design a professional development plan—to be submitted to each dean by August 2015. (Two optional templates are provided as examples and a starting point.) The departmental/unit plans will call on each faculty member to submit an individual plan to the chair in Fall 2015 and in concert with the normal reporting dates of the department/unit. A drafting team is in the process of revising the annual-review policy. That team will acknowledge this professional development program in the policy before the policy goes through another round of vetting. Earlier today, Dean Ault announced his upcoming retirement at the end of June from the College of Justice and Safety. On Friday, James Dantic, Director of Model, announced that he will be stepping down as director and assuming a new role in the College of Education to work with the clinical education program. Dr. Ann Burns will serve as Interim Director. Please join Provost Vice for lunch on Wednesday, November 5, 12-1 p.m., Fresh Food Company, Powell, if schedules allow. Sign in at either register.

STANDING COMMITTEES

Budget Committee. Senator Hatcher stated that the committee is looking for ways to be more proactive with communicating budget issues to the faculty. Elections & University Nominations Committee. Senator Brumfield reported that the committee drafted a letter to all chairs and program directors advertising for a new parliamentarian for Senate. Information Technology Committee. Senator Kilgore announced that several people indicated that they would like to have tablets available when new products are reviewed. He also noted that Apple products will continue to be part of the evaluation and process. The request to upgrade the Wi-Fi system on campus has been approved and will be implemented over the Christmas break. Several faculty expressed interest in receiving Drupal training. There can be individual trainings or group trainings on several Fridays. Contact Senator Kilgore to indicate which option is preferred. Senator Kilgore talked to IT about Blackboard clickers. Most smart phones can support a clicker for Blackboard.

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Rules Committee. Senator Skubik-Peplaski announced that the committee will have a report to the Executive Committee soon on one of their charges. Ad Hoc Committee on Legislative Forum. Senator Hatcher announced that the forum is scheduled for Thursday, December 4 at 3:30pm in either the Black Box or the main stage at the Center for the Arts building. The topic this year will be on the value of higher education in the economy.

ADJOURNMENT

Senator Vice moved to adjourn at approximately 4:45pm.

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TO: The Eastern Kentucky University Faculty Senate

FROM: Senator Michael T. Benson

DATE: 1 December 2014

RE: December Campus Report

I am pleased to highlight a few notable accomplishments and milestones enjoyed by our

campus in the past few weeks.

Campus Comes Together for Colonels’ Cupboard

It is always gratifying to see a community come together to take care of the less

fortunate. And that’s why I am so proud that EKU is at the forefront nationally of addressing

hunger among our students.

As one who was instrumental in its establishment said, the Colonel’s Cupboard was

created by its own, for its own. And faculty, staff, students and even alumni are continuing to

work hand in hand to ensure that none of our students ever go hungry.

As faculty and administrators, we need never forget that some of our students are

worried not so much about their next exam as the source of their next meal. Make no mistake

about it: the Colonel’s Cupboard is a student success initiative. A hungry student, or a student

anxious about the basic necessities of life, is a student at risk, regardless of his or her

capabilities.

As we continue to address the holistic needs of our students, I especially want to

emphasize that the success of Colonel’s Cupboard depends heavily on referrals from faculty and

staff. To refer a student to the service, visit communityservice.eku.edu/colonels-cupboard or

contact the Community Service office within the Division of Student Success.

The pantry is stocked with donations largely stemming from food drives conducted

throughout the year by various student organizations and our sports teams, and it has been

heartening to see such broad support. As individuals, you can make donations as well.

In addition to providing the short-term solution of food boxes that include well-

balanced, non-perishable meals, the Cupboard also offers money management workshops and

connects students with campus employment resources as well as community social service

agencies.

EKU Ranks No. 2 Nationally in 2015 “Best for Vets’ Survey

Another group, I am proud to say, that EKU hasn’t forgotten is our military veterans.

For the fourth time in five years, EKU ranks second or higher nationally among four-year

schools in the Military Times “Best for Vets” rankings.

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Eastern finished second in the 2015 “Best for Vets” rankings after finishing first in 2011

and 2013 and second in 2012. And, of course, we’ve been recognized by numerous other

national publications for all we do to help our veterans.

If you were at our Veterans Day ceremony – and I know some of you were – you heard

me refer to a clipping I received in the mail not too long ago from a gentleman in Arkansas. It

was from a national Veterans of Foreign Wars magazine, and the article touted EKU’s efforts to

help veterans pursue a college education. A handwritten note atop the article said simply “EKU,

be proud.”

I didn’t recognize the name or the Arkansas address, but an online search soon revealed

the sender to be a member of Merrill’s Marauders, a legendary Army unit that fought in the

Southeast Asian theatre of World War II.

That he would take the time to write me and commend us for how we treat veterans

means a great deal to me, and it should mean a great deal for all of us here at the University.

Simply because it’s the right thing to do, we will continue to support these men and

women who have sacrificed so much for us.

But it would be nice too if, when the 2016 rankings are announced, we are back on top

where we belong.

EKU Again Leads National Collegiate Honors Council in Number of Student Presenters

It may surprise some folks around the country that EKU has led the nation for 26

consecutive years in one certain and important category of academic accomplishment.

That’s how long Eastern has taken the largest delegation of student presenters to the

annual National Collegiate Honors Council meeting.

I was honored to be able to join 39 Honors Colonels and four faculty members for this

year’s conference in Denver and I don’t think I have ever been more proud of a group of

Eastern students – and their faculty advisors – than I was in Denver.

But this isn’t just about quantity. As evidence of the quality of our Honors Program, the

event in Denver included a presentation by senior accounting major Sam Shearer, who received

the Portz Scholar Award, the most prestigious student recognition bestowed by the National

Honors Council, given annually for the top four Honors thesis projects in the nation.

As we begin to gear up for another capital campaign, it is also worth noting that this

nationally-leading level of student participation year after year is made possible by an

endowment from Charles and Jane Boyer in honor of the program’s founding director, Dr.

Bonnie Gray.

Graduate Student Captures Prestigious Psychology Research Award

Competing mostly against doctoral students from better-known schools, a master’s

degree-seeking student at EKU recently earned a prestigious psychology research award.

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Second-year Clinical Psychology student Chelsea Sleep, of Louisville, was awarded the 2014 Student Research Fellowship Award from Section IX (Assessment Psychology) of the Society of Clinical Psychology (American Psychological Association Division 12) for her proposal. Competing proposals came from Michigan State University, Villanova University, Pennsylvania State University, Kent State University, Wayne State University and the University of Milan. Only one other student had not yet completed a master’s degree.

As her mentor, Dr. Dustin Wygant, noted, awards like this are typically only won by students in Ph.D. programs. The award testifies not only to the quality of our Psychology Program but also to the outstanding mentoring and research opportunities we provide for our students.

As Dr. Wygant has noted, judges rated the feasibility and probability of eventual publication as quite high.

Interdisciplinary Asian Studies Program Launched

A new interdisciplinary program will help EKU students make better sense of the world

around them.

As Pulitzer Prize-winning columnist Nicholas Kristof once said, “If you want to

understand the world, you need to understand Asia.”

This new program, which offers an academic minor and certificate, will critically

examine the cultures, societies, languages, histories, religions and politics of Asians and peoples

of Asian descent throughout the world.

Housed in the Office of University Programs, the new program is the result of a

collaborative process involving almost 30 faculty and staff members from various academic

programs and units.

Dr. Minh Nguyen, who has done an outstanding job as our Chautauqua coordinator the

past four years, will serve as the founding director of the Asian Studies program. The

Chautauqua reins will be turned over to Dr. Erik Liddell.

University Receives Beautification Award from Local Chamber of Commerce

We did not undertake so many campus improvement projects in order to win awards,

but it’s gratifying nonetheless when others notice.

On behalf of the University, I was honored recently to accept one of two Bernease

Walters Beautification Awards given annually by the Richmond Chamber of Commerce.

The Chamber took note of our efforts to make the campus more pedestrian friendly,

maximize green space and enhance our curb appeal.

Remember to follow the progress of various campus improvement projects via Twitter

or on the Web at EKUBuilds.

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And finally, I am in the process of working on a book proposal about the development of higher

education in America (and its blending of English and German models into our unique system),

its role in developing our local and national economies, and the fact that it remains the envy of

the entire world. There may be areas in which America has deficits or where we fail to lead the

world, but higher education continues to be one of our most valuable commodities and most

vital investments.

As I have begun the initial research on this book, I found this letter from President Theodore

Roosevelt to his friend and the newly-inaugurated third president of the City University of New

York, John Finley. It underscores the fact that President Roosevelt recognized what – at its core

– higher education is all about and the vital role all those involved in this endeavor play on a

daily basis.

Education as given in the schools and colleges cannot itself fit us for good citizenship. But the

lack of it would assuredly render us unfit. You, and those associated with you, and those in

the innumerable other institutions of learning throughout the country are doing work similar

in kind if not in degree to yours, all alike make the whole body politic our debtors. Next to the

home it is the school, the college, the university, which do most to determine the efficiency of

the individual as a citizen in this great, self-governing republic of ours; and therefore these

who, for their life work, devote themselves to training aright the people who are to shape our

citizenship of the future, put the nation in a special sense under obligations to them.

What you do as members of our faculty at Eastern Kentucky University makes a difference.

Your work positively impacts the lives of others. I am grateful for all you do for the University

and our community. Thanks very much.

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Print Form

Last Updated December 2008 Policy Reference 1.1.1

EASTERN KENTUCKY UNIVERSITYFormulation and Adoption of University Policies

University Policy Impact Statement

Date January 7, 2013

Policy Number (If known) 4.6.16 Policy Name Dismissal of Faculty

Revision of Existing Policy

Originator(s) Provost Office

Justification for Proposed Changes or for New Policy (Attach additional sheet if necessary)

During the vetting of the Policy 4.6.4, Tenure and Promotion, the need was identified to expand on the paragraphs about termination of tenured faculty. The decision was made that a new policy should be created rather than adding several pages to Policy 4.6.4.

Consistency with EKU's Mission and Strategic Plan, Other Policies, and Related External Documents Cite relevant official statements from EKU or external sources.

Policy 4.6.4, Tenure and Promotion (page 3, Provisions for Tenure) Meets objectives of Reallocation Task Force's plan (added June 2013)

Impact on the University (1) Identify resources (human, financial, physical, operational, technological, other) needed to implement and maintain compliance; (2) Identify changes to EKU's culture and/or behaviors that may be involved.

1) Proposed policy will likely require some additional workload for the proposed processes. 2) Proposed policy will result in a shift in culture regarding the reasons for and the processes associated with dismissal of faculty, particularly for financial exigency and program discontinuance.

List stakeholders who have been or will be consulted. Indicate action taken and the date it was taken. Attach additional page if necessary. To begin the policy process, at least one university-recognized group must have indicated support.

Faculty Senate

Chairs Association

Provost Council

President

30-day Comment

Board of Regents

Date

Date

Additional Pages Attached

Date

Date

Date

Date

# of additional pages

Check One: New Policy

Stakeholder Action Taken

University Affiliation Email for primary contact sherry.robinson@eku.edu

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Eastern Kentucky University Policy and Regulation Library

Dismissal of Faculty (Draft)

Eastern Kentucky University complies with Kentucky Revised Statute 164.360 regarding the dismissal of tenured faculty. As a matter of principle, absent a conflict with State statute, the University complies with the American Association of University Professors and the Association of American Colleges and Universities “1958 Statement on Procedural Standards in Faculty Dismissal Proceedings.” The Kentucky statute and the AAUP statement address statutory and procedural expectations for the dismissal of faculty. With this in mind, EKU has established a process by which tenured faculty may be dismissed. Faculty members without tenure are classified as employees at will to serve at the discretion of the University. This policy does not apply when tenured faculty are recommended for dismissal for violating Policy 1.4.1, Non-Discrimination and Harassment and/or Regulation 1.4.1, Non-Discrimination and Harassment.

Faculty Departments Colleges University-level administrators

FACULTY WITHOUT TENURE Faculty members without tenure are classified as employees at will to serve at the discretion of the University. FACULTY WITH TENURE Faculty members with tenure shall have a continuous appointment, except when that appointment is terminated

by retirement; by resignation and acceptance thereof; by a dismissal for cause; by a decision of the University, with approval of the Board of Regents, that dismissal is necessary

because of financial exigencies of the institution; or by a decision of the University, with approval of Board of Regents, that dismissal is necessary due

to discontinuation of an academic program resulting in a situation so that there is no longer a teaching position available within the University for which the tenured faculty member is qualified.

4.6.16P Volume 4, Academic Affairs Chapter 6, Faculty Appointments and Evaluation Section 16, Dismissal of Faculty Approval Authority: Board of Regents Responsible Executive: Provost/Vice President for Academic Affairs Responsible Office(s): Provost /Vice President for Academic Affairs, College Deans, Department Chairs Effective: Issued: Last Revised: Next Review Date:

Policy Statement

Entities Affected by the Policy

Provisions for Dismissal

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ESTABLISHING THE FACULTY COMMITTEE ON DISMISSAL

1. The Faculty Committee on Dismissal (FCD) shall be comprised of an elected representative from each of the five academic colleges. When convened for the purpose of dismissal for financial exigency, the FCD shall also include an elected full-time faculty member from the Libraries. When convened for the purpose of dismissal for financial exigency or program discontinuance, the FCD shall also include the Chair of Faculty Senate and the Chair of the Chairs Association as non-voting ex officio members.

2. Non ex officio membership on the FCD shall be limited to full-time tenured faculty members and may not be a Department Chair, Associate Dean, or Dean.

3. Every three years, each College shall hold an election no later than September 15 and shall elect one (1) representative and two (2) alternates from among the eligible faculty.

4. The chair of the FCD shall be elected from within the non ex officio members. DISMISSAL OF TENURED FACULTY FOR CAUSE

Pursuant to KRS 164.360, a tenured faculty member may be dismissed for cause. Statutory cause sufficient to support dismissal includes “incompetency, neglect of or refusal to perform duties, or immoral conduct.”

When there is an allegation of causes sufficient to warrant dismissal of a tenured faculty member, the following procedure shall apply.

1. The appropriate administrative officers will investigate the facts of the allegation. The investigation

shall include discussions with the tenured faculty member. The tenured faculty member may choose to bring one representative to such discussions. During the discussions, if information is sufficient to support the allegations, the tenured faculty member and the University may mutually agree on the separation of the tenured faculty member from the University.

2. The findings of the investigation shall be provided to the Provost, who shall provide a written notice of the charge(s) and the intent to dismiss to the tenured faculty member, with a copy to the Department Chair, the College Dean, and the President.

3. Suspension of the tenured faculty member during these procedures is justified if, in the opinion of the Provost, harm to the tenured faculty member or to others is threatened by his/her continuance. Any such suspension shall be with pay.

4. Within fourteen (14) calendar days of notification from the Provost of intent to dismiss, the tenured faculty member may request to the Provost in writing—with a copy to the Department Chair, the College Dean, and the President—an inquiry by the Faculty Committee on Dismissal (FCD). The written request may include a statement from the tenured faculty member regarding the allegations. If the tenured faculty member does not request an inquiry by the FCD, steps 5 and 6 of these procedures shall be skipped.

5. The FCD shall begin the inquiry into the matter within five (5) calendar days of receiving the request. The inquiry shall be based on the written record. To the extent practical, the principle of confidentiality shall be observed. The FCD may make recommendations to the Provost and the tenured faculty member to resolve the matter through sanctions or other means; such recommendations are not binding. The FCD shall have thirty (30) calendar days to complete the inquiry and present their findings and recommendation, but if requested the Provost and the tenured faculty member may agree to an extension of not more than fifteen (15) days.

6. Any recommendation made by the FCD shall be communicated in writing to the Provost, the Department Chair, the College Dean, the President, and the tenured faculty member. The report shall contain a statement of the FCD’s specific reasons in support of its advice and recommendation.

7. The Provost shall make a final recommendation and shall notify the President. If the President concurs with the Provost’s recommendation of action other than dismissal, the President shall notify

Procedures

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the tenured faculty member. If the Provost’s recommendation is dismissal, the President shall provide the tenured faculty member with written notification of charges and of dismissal.

8. Tenured faculty receiving such a notice from the President have the right to be heard in person or by counsel before the Board of Regents. Within fifteen (15) calendar days after receiving a notice of dismissal from the President, the tenured faculty member shall send a written request for a hearing to the Secretary of the Board of Regents. The Board of Regents shall set the time of the hearing no sooner than fifteen (15) calendar days nor later than forty-five (45) calendar days after the request.

9. If a hearing before the Board of Regents is requested, the Board of Regents shall render a final decision. The President shall notify the tenured faculty member of the Board of Regents’ decision.

DISMISSAL OF FACULTY DUE TO BONA FIDE FINANCIAL EXIGENCY

The Board of Regents has a statutory duty to the people of Kentucky to maintain a quality educational program within available or projected financial resources. Pursuant to Policy 4.6.4, Tenure and Promotion, a tenured faculty member may be dismissed when a bona fide financial exigency exists. Because of the significance of dismissal decisions regarding tenured faculty, the Board shall ensure that such dismissal decisions occur only after a careful review of alternative measures determine that dismissals of tenured faculty are unavoidable. With regard to notification of dismissal of faculty, including tenured and non-tenured faculty, for financial exigency, Policy 4.6.16 supersedes other University policies. If the Board determines that a financial exigency exists that will likely result in the dismissal of tenured faculty, the following procedures shall be followed.

1. The Provost, the FCD, and the Deans shall meet to evaluate the necessity of eliminating faculty positions. If they conclude, based on available data, that faculty lines will need to be eliminated, they will prepare a report recommending the number of faculty lines to be eliminated, with justifications and supporting data for the recommendation.

2. The Chair of Faculty Senate shall disseminate the report to the Senate at least two weeks prior to a regularly scheduled or special session. It is the responsibility of Faculty Senate to solicit input from faculty at large prior to the meeting.

3. The Faculty Senate shall consider the report and any feedback or additional data and shall prepare a response. The response shall be due to the Provost within fourteen (14) calendar days after the Senate’s meeting.

4. The Provost, the FCD, and the Deans shall meet to review the Faculty Senate response and shall prepare a final recommendation to the President that shall include the number of faculty lines to be eliminated.

5. Upon approval by the President, the Provost and the Deans, in consultation with the Department Chairs, shall determine where faculty lines should be eliminated.

6. In making specific recommendations for elimination of individual tenured faculty appointments, the Dean, in consultation with the Department Chair, shall take into account the following equitable considerations.

a. If funded vacancies exist, reasonable effort will be made to offer the affected tenured faculty member another existing position within the institution for which the tenured faculty member is qualified by education and experience, per Policy 4.6.1, Determining Qualifications for Faculty Teaching Credit-Bearing Courses. Transfer of tenure to another department must be in compliance with Policy 4.6.4, Tenure and Promotion.

b. In instances when the sustainability of an academic program—that is, the ability to adequately provide its approved curriculum or meet its accreditation requirements--would be jeopardized by the elimination of a position, faculty members with an expertise needed by the University would have retention preference.

c. After instances described in (b) above are considered, the following conditions shall be applied in the following order when considering retention preferences:

1) Tenured faculty members will have preference of retention over non-tenured faculty members in the same department.

2) Tenured faculty of superior academic rank will have preference of retention over tenured faculty of lesser rank (see Policy 4.6.4, Tenure and Promotion).

3) A faculty member who had attained tenure prior to another faculty member of the same rank would have preference of retention over the latter faculty member.

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4) If tenure and rank considerations are the same for two faculty members, i.e., they both were tenured on the same date and were promoted to their current rank on the same date, the faculty member with the longer period of employment with EKU would have retention preference.

d. Faculty members already on a terminal appointment are not eligible to be retained by the University even if they meet any of the above conditions.

7. The Dean shall submit recommendations for dismissal of specific faculty to the Provost, who shall make recommendations to the President.

8. The President shall send written notice to each faculty member recommended for dismissal, with copies to the faculty member’s Chair, Dean, and the Provost. The notice shall include:

a. A statement of the intent to dismiss; and b. A statement of the basis for the decision.

9. Tenured faculty receiving such a notice have the right to be heard in person or by counsel before the Board of Regents. Within fifteen (15) days after receiving a notice of dismissal, the individual concerned shall send a written request for a hearing to the Secretary of the Board of Regents. The Board of Regents shall set the time of the hearing no sooner than fifteen (15) days nor later than forty-five (45) days after receiving the request.

10. The Board of Regents shall render a final decision. The President shall notify the tenured faculty member of the Board of Regents’ decision.

Replacing Dismissed Tenured Faculty In the event of dismissal due to financial exigency, the position or similar position of a tenured faculty member will not be filled by a full- or part-time faculty within three years of dismissal, unless the released faculty member has been offered reinstatement in a full-time position in at the same tenure status, rank, and at least the same salary as at the time of dismissal and has been provided at least thirty (30) calendar days to consider whether to accept or decline the offer. DISMISSAL OF FACULTY DUE TO ACADEMIC PROGRAM DISCONTINUANCE

As in the case of the determination of the existence of financial exigency, the Board of Regents is also aware that discontinuance of an academic program requires deliberate and thoughtful planning and discussion. In the case of academic program discontinuance, the dismissal of tenured faculty members may take place only after sustained deliberations and discussions of the academic program discontinuation. Such deliberation and discussions must include the involved tenured faculty members, as well as the approval of the deliberative bodies of the University. In the event the discontinuance of an academic program is proposed, the Council on Academic Affairs and the Faculty Senate shall review the proposal and make recommendations to the President. Decisions should be based upon the full educational mission and goals of the University and not upon cyclical or temporary variations in enrollment. In making specific recommendations for elimination of individual tenured faculty positions required by the discontinuance of an academic program, the following process shall be used:

1. The Provost, the FCD, and the Deans shall meet to evaluate the necessity of eliminating tenured faculty positions. If they conclude, based on available data, that faculty lines will need to be eliminated, they will prepare a report recommending the number of faculty lines to be eliminated, with justifications and supporting data for the recommendation.

2. The Chair of Faculty Senate shall disseminate the report to the Senate at least two weeks prior to a regularly scheduled or special session. It is the responsibility of Faculty Senate to solicit input from faculty at large prior to the meeting.

3. The Faculty Senate shall consider the report and any feedback or additional data and shall prepare a response. The response shall be due to the Provost within two weeks after the Senate’s meeting.

4. The Provost, the FCD, and the Deans shall meet to review the Faculty Senate response and shall prepare a final recommendation to the President that shall include the number of faculty lines to be eliminated.

5. Upon approval by the President, the Provost and the Deans, in consultation with the Department Chairs, shall determine where faculty lines should be eliminated.

6. The Dean, in consultation with the Department Chair, shall take into account the following equitable considerations.

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a. If funded vacancies exist, reasonable effort will be made to offer the affected tenured faculty member another existing position within the institution for which the tenured faculty member is qualified by education and experience, per Policy 4.6.1, Determining Qualifications for Faculty Teaching Credit-Bearing Courses. Transfer of tenure to another department must be in compliance with Policy 4.6.4, Tenure and Promotion.

b. Effort will be made to provide financial and other support for a reasonable period of training/education to assist the affected tenured faculty member in qualifying for other positions in the University.

c. The following conditions shall be applied in the following order when considering retention preferences:

1) Tenured faculty members with an expertise needed by the University would have retention preference.

2) Tenured faculty members will have preference of retention over non-tenured faculty members in the same department.

3) Tenured faculty of superior academic rank will have preference of retention over tenured faculty of lesser rank (see Policy 4.6.4, Tenure and Promotion).

4) A faculty member who had attained tenure prior to another faculty member of the same rank would have preference of retention over the latter faculty member.

5) If tenure and rank considerations are the same for two faculty members, i.e., they both were tenured on the same date and were promoted to their current rank on the same date, the faculty member with the longer period of employment with EKU would have retention preference.

d. Faculty members already on a terminal appointment are not eligible to be retained by the University even if they meet any of the above conditions.

7. To accommodate the necessity to teach out discontinued academic programs, tenured faculty will be given notice of dismissal at least twelve (12) months prior to the end of the approved teach-out plan.

8. The Dean shall submit recommendations for dismissal of specific faculty to the Provost, who shall make recommendations to the President.

9. The President shall send written notice to each faculty member recommended for dismissal, with copies to the faculty member’s Chair, Dean, and the Provost. The notice shall include:

A statement of the intent to dismiss; and A statement of the basis for the decision.

10. Tenured faculty receiving such a notice have the right to be heard in person or by counsel before the Board of Regents. Within fifteen (15) calendar days after receiving a notice of dismissal, the individual concerned shall send a written request for a hearing to the Secretary of the Board of Regents. The Board of Regents shall set the time of the hearing no sooner than fifteen (15) calendar days nor later than forty-five (45) calendar days after receiving the request.

11. The Board of Regents shall render a final decision. The President shall notify the tenured faculty member of the Board of Regents’ decision.

Replacing Dismissed Tenured Faculty In the event of dismissal due to discontinuance of an academic program, the position or similar position of a tenured faculty member will not be filled by a full- or part-time faculty within three years of dismissal, unless the released faculty member has been offered reinstatement in a full-time position at the same tenure status, rank, and at least the same salary as at the time of dismissal and has been provided at least thirty (30) calendar days to consider whether to accept or decline the offer.

Board of Regents

The Board of Regents is responsible for: hearing appeals of dismissal decisions of tenured faculty for cause, for financial

exigency, or for discontinuance of an academic program rendering a final decision on appeal for tenured faculty members dismissed for

cause, for financial exigency, or for discontinuance of an academic program

Responsibilities

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ensuring that dismissal decisions for financial exigency or discontinuance of an academic program occur only after a careful review of alternative measures determine that dismissals of tenured faculty are unavoidable

College Deans The College Deans are responsible for: meeting with the FCD and the Provost to evaluate the necessity of eliminating

faculty positions due to financial exigency or academic program discontinuance preparing a report, with the FCD and the Provost, if faculty lines will need to be

eliminated based on financial exigency or discontinuance of an academic program, o recommending the number of faculty lines to be eliminated, with

justifications and supporting data for the recommendation o disseminating the report to Chair of Faculty Senate o reviewing, with the FCD and the Provost, the Faculty Senate response to

the report and preparing a final recommendation to the President determining, with the Provost and in consultation with Department Chairs, which

faculty lines should be eliminated due to financial exigency and discontinuance of an academic program

making recommendations, in consultation with Department Chairs, the specific faculty to be eliminated in financial exigency or academic program discontinuance

submitting recommendations to the Provost for dismissal of specific faculty due to financial exigency or academic program discontinuance

Department Chair The Department Chair is responsible for:

making recommendations, in consultation with the College Dean, the specific faculty to be dismissed due to financial exigency or academic program discontinuance

Faculty Committee on Dismissal

The Faculty Committee on Dismissal is responsible for: conducting inquiries at the request of the charged tenured faculty member of

charges leading to an intent to dismiss for cause making non-binding recommendations to the Provost and the charged tenured

faculty member to potentially resolve dismissal for cause matters through sanctions or other means

o communicating such recommendations in writing to the Provost, the Department Chair, the College Dean, the President, and the charged faculty member

meeting with the Provost and the Deans to evaluate the necessity of eliminating faculty appointments due to financial exigency or program discontinuance

preparing a report, with the Deans and the Provost, if faculty lines will need to be eliminated based on financial exigency or discontinuance of an academic program,

o recommending the number of faculty lines to be eliminated, with justifications and supporting data for the recommendation

o disseminating the report to Chair of Faculty Senate o reviewing, with the Deans and the Provost, the Faculty Senate response

to the report and assisting with preparing a final recommendation to the President

Faculty Senate The Faculty Senate is responsible for:

soliciting input from faculty at large concerning the report on faculty dismissals due to financial exigency or program discontinuance

preparing a response to the report and submitting the response to the Provost no later than two weeks after the Senate’s meeting on this issue

Faculty Senate Chair

The Faculty Senate Chair is responsible for: disseminating the report on faculty dismissals due to financial exigency or program

discontinuance to the Senate at least two weeks prior to a regularly scheduled or special session

President

The President is responsible for: notifying, in writing, a charged tenured faculty member of decision regarding action,

including dismissal sending written notice to each faculty member recommended for dismissal because

of financial exigency or program discontinuance, with copies to the faculty member’s Chair, Dean, and the Provost

notifying the tenured faculty member of the Board of Regents’ decisions on appeal of a dismissal decision

scheduling a hearing, at the request of a tenured faculty member dismissed for cause, with the Board of Regents

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Provost

The Provost is responsible for: providing a written notice of charge(s) (for cause) and the intent to dismiss to the

tenured faculty member, with a copy to the Department Chair, the College Dean, and the President.

making a final recommendation on dismissal for cause and notifying the President of such recommendation

meeting with the FCD and the Deans to evaluate the necessity of eliminating faculty appointments due to financial exigency or program discontinuance

preparing a report, with the FCD and the Provost, if faculty lines will need to be eliminated based on financial exigency or discontinuance of an academic program,

o recommending the number of faculty lines to be eliminated, with justifications and supporting data for the recommendation

o disseminating the report to Chair of Faculty Senate o reviewing, with the FCD and the Provost, the Faculty Senate response to

the report and preparing a final recommendation to the President determining, with the Deans and in consultation with Department Chairs, which

faculty lines should be eliminated due to financial exigency or program discontinuance

making final recommendations to the President of specific faculty to be dismissed due to financial exigency or program discontinuance

Academic Program Academic Program is a related cluster of credit-bearing courses that constitute a coherent body of study within a discipline or set of related disciplines.

Calendar Day Throughout this document calendar day shall be interpreted to mean no later than the specified number of calendar days following the day of notification. If the final calendar day occurs on a weekend or holiday, the due date shall be on the first day on which University administrative offices are open. The time for response may be extended upon agreement by both parties.

Financial Exigency

Per Policy 1.5.1, Financial Exigency, “financial exigency” is bona fide if there is any imminent and extraordinary decline in the University’s financial resources such that the University as a whole cannot maintain current programs and activities at a level sufficient to fulfill its educational goals and priorities or its public mission, including a reduction in the current operating budget to the extent that the University would be unable to meet existing financial obligations that include, but are not limited to, contractual obligations (specifically recognizing that all funds are not equally transferable for all uses). The University need not be on the brink of complete collapse in order to declare financial exigency. Rather, it needs to demonstrate that substantial injury to the institution’s educational goals and priorities will result from prolonged and drastic reductions in funds available to the institution, and it needs to demonstrate that the determination of its financial health is guided by generally accepted accounting principles. Academic programs reduced or eliminated for academic reasons shall not be included within the scope of this definition. Reorganization shall not be included in this definition unless it results in the layoff of tenured faculty and is motivated by financial exigency. A current operating deficit or mere financial strain or pressure that does not threaten the survival of the University’s educational goals and priorities shall not be included within the scope of this definition.

Retention Preferences The determination of which faculty will be retained by the University.

Terminal Appointment

Appointment of a faculty member to a limited term that will end in termination of employment.

Provost and Vice President for Academic Affairs

Definitions

Interpreting Authority

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KRS 164.350, General powers and duties of boards of regents KRS 164.360, Appointment and removal of president, faculty, and employees

Policy 4.6.4, Tenure and Promotion

Statutory or Regulatory References

Policy Adoption Review and Approval

Relevant Links

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Dismissal of Faculty Policy

Feedback from AAUP Forum 9/26/14

Procedures Establishing the Faculty Committee

State clearly the purpose of the Committee This is clarified in the responsibilities on page 6 of the policy.

Remove Chair of Chairs and Chair of Faculty Senate from the committee These individuals will remain as non-voting members for financial exigency and program discontinuance.

Add “The Chair of the FCD shall be elected from within.” (pg. 2) This change has been made. Also removed the final item in the numbered series about alternates for Chair of Faculty Senate and Chair of Chairs Association. This section of the policy now reads:

1. The Faculty Committee on Dismissal (FCD) shall be comprised of an elected representative from each of the five academic colleges. When convened for the purpose of dismissal for financial exigency, the FCD shall also include an elected full-time faculty member from the Libraries. When convened for the purpose of dismissal for financial exigency or program discontinuance, the FCD shall also include the Chair of Faculty Senate and the Chair of the Chairs Association as non-voting ex officio members.

2. Non ex officio membership on the FCD shall be limited to full-time tenured faculty members and may not be a Department Chair, Associate Dean, or Dean.

3. Every three years, each College shall hold an election no later than September 15 and shall elect one (1) representative and two (2) alternates from among the eligible faculty.

4. The chair of the FCD shall be elected from within the non ex officio members.

Dismissal for Cause The first item in the numbered series should state the following: “Faculty members will be

formally informed of potential cause for dismissal. In these types of situations, all discussions will be treated as formal and the faculty member may bring representatives or advocates to such meetings as he or she deems necessary.” (pg. 2) Agreed to the concept of formal—incorporated in the revision below

The second item in the numbered series should state the following: “The FCD will be apprised immediately and kept informed throughout the process of any case in which a faculty member has been informed if potential cause for dismissal.” This is not possible since the FCD is not part of the process unless the faculty member elects to involve the FCD.

#1 delete all language listed under 1.a. and 1.b. (pg 2) 1a has been incorporated into 1 and 1b has been eliminated

Add after #1 in the numbered series the following: “A faculty member may resign his or her position at any time during the dismissal process, which then suspends the dismissal process.” Since the suggested language does not change the substance of the original, the original language will stand. See the revision below for the section:

1. The appropriate administrative officers will investigate the facts of the allegation. The investigation shall include discussions with the tenured faculty member. The tenured faculty member may choose to bring one representative to such discussions. During the discussions, if information is sufficient to support the

FS_12-01-14 Page 22

allegations, the tenured faculty member and the University may mutually agree on the separation of the tenured faculty member from the University.

#2, add/amend to read: “If consideration of dismissal is recommended by investigating administrators, the Provost….” (pg. 2) Worked to provide clarity. See revision below.

2. The findings of the investigation shall be provided to the Provost, who shall provide a written notice of the charge(s) and the intent to dismiss to the tenured faculty member, with a copy to the Department Chair, the College Dean, and the President.

#5 Delete “to the extent practical” This language is intended to allow the FCD the ability to seek clarifying information as part of their inquiry. The drafting team members believe it needs to stay.

Dismissal Due to Financial Exigency

Require provision for a one-year notice to tenured faculty members dismissed due to financial exigency. (pg 3) This would be a challenge because of the uncertainty of needed actions in a financial exigency.

Dismissal Due to Program Discontinuance

Require provision for a one-year notice to tenured faculty members dismissed due to program discontinuance. (pg 3) This is already in the policy

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Print Form

Last Updated November 2010 Policy Reference 1.1.1

EASTERN KENTUCKY UNIVERSITYUniversity Policies and Regulations

University Policy Impact Statement

Date 10/1/2013

Policy Number (If known) 1.5.1 Policy Name Financial Exigency

Revision of Existing Policy

Originator(s) Provost Office

Justification for Proposed Changes or for New Policy (Attach additional sheet if necessary)

During the drafting of Policy 4.6.16, Termination of Faculty, the need was identified to define financial exigency and outline the process for its declaration and implementation. Because this was outside the scope of Policy 4.6.16, a new policy needed to be created.

Consistency with EKU's Mission and Strategic Plan, Other Policies, and Related External Documents Cite relevant official statements from EKU or external sources.

Policy 4.6.4, Tenure and Promotion (page 3, Provisions for Tenure) KRS 164.300, Purpose of state universities and colleges KRS 164.350, General powers and duties of boards of regents KRS 164.360, Appointment and removal of president, faculty, and employees KRS 164.365, Governing boards to have exclusive control of employment, tenure, and official relations of employees

Impact on the University (1) Identify resources (human, financial, physical, operational, technological, other) needed to implement and maintain compliance; (2) Identify changes to EKU's culture and/or behaviors that may be involved.

None.

List stakeholders who have been or will be consulted. Indicate action taken and the date it was taken. Attach additional page if necessary. To begin the policy process, at least one university-recognized group must have indicated support.

Faculty Senate

Chairs Association

Staff Council

Provost Council

President's Cabinet

30-day Comment

Date

Date

Additional Pages Attached

Date

Date

Date

Date

# of additional pages

Check One: New Policy

Stakeholder Action Taken

University Affiliation Email for primary contact sherry.robinson@eku.edu

FS_12-01-14 Page 24

EASTERN KENTUCKY UNIVERSITYFormulation and Adoption of University Policies

University Policy Impact Statement Page 2

Last Updated December 2008 Policy Reference 1.1.1

List stakeholders who have been or will be consulted. Indicate action taken and the date it was taken. Attach additional page if necessary. To begin the policy process, at least one university-recognized group must have indicated support.

Stakeholder Actions, continued

Stakeholder

President Date

Date

Date

Date

Date

Date

Date

Date

Date

Date

Action Taken

Board of Regents

Page 2 of Impact Statement

Date Oct 1, 2013

Policy Number (If known) 1.5.1 Policy Name Financial Exigency

FS_12-01-14 Page 25

Eastern Kentucky University Policy and Regulation Library

Financial Exigency

A declaration of financial exigency is an extreme action taken by a university to preserve its institutional integrity and educational mission. The gravity of such a declaration requires deliberate and thorough consideration of all retrenchment measures. Therefore, Eastern Kentucky University has established this policy to ensure the University has used due diligence before a declaration of financial exigency is made. The Eastern Kentucky University Board of Regents has been granted authority by the Commonwealth of Kentucky over the University’s budgetary matters. The Board has a statutory duty to the people of Kentucky to maintain a quality educational program within the available financial resources. Accordingly, declaration of the existence of financial exigency is a prerogative reserved for the Board and will not be delegated. The procedures of this document may be implemented when financial exigency is imminent or has been declared. To the extent practical, the administration, faculty, staff, and students will have the opportunity to provide relevant information regarding the declaration of financial exigency.

Board of Regents Administration, Faculty, Staff, and Students

The University’s primary mission is to develop educated persons by transmitting and producing knowledge. The core function of the University is defined by its mission and, therefore, resides in programs of study and the courses of which they are composed, which lead to certification that graduating students have attained an acceptable level of general knowledge and discipline-specific competence. Because the University receives public support and student fees for performing this primary activity, the overarching principle that guides the University in times of financial exigency through the application of this policy is that the University will first significantly reduce or eliminate expenditures that subsidize University programs and activities that do not directly contribute to the development of educated persons. If it is believed that the University has a need to declare financial exigency, and before financial exigency is declared, every effort shall have already been made to resolve the exigent conditions. Financial Exigency Declaration Originating from the Board of Regents The Eastern Kentucky University Board of Regents, by its statutory authority, may declare the University is in financial exigency without the input of the administration, faculty, staff, or students. However, when the Board determines it has compelling reasons to declare financial exigency or to believe that the University may recommend financial exigency, the Board may choose to follow the steps 2-6 under Financial Exigency

1.5.1P Volume 1, Governance Chapter 5, Governance Section 1, Financial Exigency Approval Authority: Board of Regents Responsible Executive: President Responsible Office(s): President, Finance and Administration Effective: Issued: Last Revised: Next Review Date:

Policy Statement

Entities Affected by the Policy

Procedures

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Recommendation Originating from the University Administration prior to making a declaration of financial exigency. Financial Exigency Recommendation Originating from the University Administration

1. Upon being advised by the Vice President for Finance and Administration that the University may be in a position necessitating the declaration of financial exigency, the President shall notify the Chair of the Board of Regents.

2. Within five (5) calendar days of notifying the Chair of the Board of Regents, the President shall notify the University community of the possible financial exigency and convene an ad hoc advisory committee, herein called the Advisory Committee.

3. The Advisory Committee shall be composed at minimum of the Provost, the Vice President for Finance and Administration, the Chair of Faculty Senate, Staff Council Chair, a dean chosen by the Dean’s Council, and three tenured faculty members elected by the Faculty Senate. The Executive Director of Human Resources and the Vice President of the Student Government Association shall be non-voting members. The chair will be selected from the above group by the President of the University prior to the first meeting.

4. The Advisory Committee shall investigate and document all aspects of the University’s financial condition in order to make a recommendation whether a financial exigency should be declared. Views on the financial conditions of the University will be sought from the administration, faculty, staff, and students. In preparing its recommendation, the committee will:

a. Review resource management efforts to date and their impact on the financial condition and programs of the University.

b. Consider alternative options to save resources and evaluate the potential impact each option will have on financial conditions and programs.

c. In this review and consideration of alternatives, the Advisory Committee shall investigate whether:

i. Administrative expenses and positions that are not absolutely necessary for the development of educated persons have been reduced or eliminated.

ii. All activities that do not directly contribute to the development of educated persons but which utilize resources directly or indirectly have been reduced or eliminated.

5. The Advisory Committee shall submit a report to the President within the time frame directed by the President.

6. The President shall make a report to the Board of Regents regarding the financial exigency, which shall include the written report of Advisory Committee. The Board of Regents shall make the final decision regarding declaring financial exigency.

Financial Exigency Plan

1. If the Board of Regents declares a state of financial exigency, the President, through the President’s Cabinet or through an ad hoc committee, shall develop a Financial Exigency Plan. The plan shall include specific recommendations for implementing a retrenchment plan, including but not limited to, the following considerations:

a. the elimination of staff shall be in compliance with Policy 8.1.3, Staff Reduction in Force; b. the termination of faculty, with or without changes in academic programs, shall be in

compliance with Policy 4.6.16, Dismissal of Faculty; c. the elimination of academic programs that do not result in the termination of faculty shall be

accompanied by a recommendation from the Faculty Senate. 2. The President will submit the Financial Exigency Plan to the Board of Regents. 3. The Executive Committees of Faculty Senate, Staff Council, and Student Government Association

shall be notified by the Secretary of the Board of Regents when the Board will be meeting to discuss the Financial Exigency Plan and will be provided the opportunity to address the Board, both in writing and, to the extent possible, in person.

4. The Board of Regents must approve the plan before it may be implemented by the President. The proposed plan may be reviewed and approved at a specially called meeting of the Board of Regents.

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Termination of Financial Exigency Throughout the period of financial exigency, the President shall periodically report to the Board on progress made toward improving financial status. The President, the Faculty Senate, the Staff Council, and/or the Student Government Association may petition the Board both in writing and, to the extent possible, in person to declare an end to the financial exigency. The Board will, at its discretion, declare the end of the financial exigency. Post Financial Exigency After the financial exigency has been declared terminated and as financial resources become available, restoration of funds to ensure the primary mission of developing educated persons will be given priority. Programs that were eliminated due to financial exigency may be considered for reintroduction as new programs only through the normal review and approval process.

Financial Exigency

Financial exigency is bona fide if there is any imminent and extraordinary decline in the University’s financial resources such that the University as a whole cannot maintain current programs and activities at a level sufficient to fulfill its educational goals and priorities or its public mission, including a reduction in the current operating budget to the extent that the University would be unable to meet existing financial obligations that include, but are not limited to, contractual obligations (specifically recognizing that all funds are not equally transferable for all uses). The University need not be on the brink of complete collapse in order to declare financial exigency. Rather, it needs to demonstrate that substantial injury to the institution’s educational goals and priorities will result from prolonged and drastic reductions in funds available to the institution, and it needs to demonstrate that the determination of its financial health is guided by generally accepted accounting principles. Academic programs reduced or eliminated for academic reasons shall not be included within the scope of this definition. Reorganization shall not be included in this definition unless it results in the layoff of tenured faculty and is motivated by financial exigency. A current operating deficit or mere financial strain or pressure that does not threaten the survival of the University’s educational goals and priorities shall not be included within the scope of this definition.

Retrenchment Retrenchment efforts shall be defined as all cost-cutting measures prior to and other than the abrogation of tenured faculty appointments. The President has the authority to effect a wide range of retrenchment actions without explicit authorization by the Board of Regents.

University University in this policy shall be defined as any unit or area receiving funding via the normal University budgeting process for educational and general funds and auxiliary funds.

Advisory Committee Upon being convened by the President, the Advisory Committee is responsible for making a recommendation to the President regarding a financial exigency declaration

after investigating the University’s financial position submitting the recommendation and report to the President by the President’s deadline

Board of Regents The Board of Regents is responsible for

declaring the University is in financial exigency, with or without input from the University community

approving a Financial Exigency Plan declaring the end of the financial exigency

President The President is responsible for

notifying the Chair of the Board of Regents if the University may be in a position necessitating the declaration of financial exigency

notifying University community of pending financial exigency upon confirmation by the Board of Regents

convening the Advisory Committee and selecting its chair

Definitions

Responsibilities

FS_12-01-14 Page 28

reporting to the Board of Regents the results of the Advisory Committee’s findings developing a Financial Exigency Plan in collaboration with the President’s Cabinet or an

ad hoc committee submitting the Financial Exigency Plan to the Board of Regents Periodically reporting to the Board of Regents on the progress made toward improving the

University’s financial status

Secretary of the Board of Regents

The Secretary of the Board of Regents is responsible for notifying the executive committees of Faculty Senate, Staff Council, and Student Government Association when the Board of Regents will meet to discuss the financial exigency plan

Vice President for Finance and Administration

The Vice President for Finance and Administration is responsible for advising the President that the University may be in a position necessitating the declaration of financial exigency

President

KRS 164.295, Programs of state and comprehensive universities – Advanced practice doctoral programs that may be offered – Review and approval process KRS 164.300, Purpose of state universities and colleges KRS 164.350, General powers and duties of boards of regents KRS 164.360, Appointment and removal of president, faculty, and employees KRS 164.365, Governing boards to have exclusive control of employment, tenure, and official relations of employees

Policy 4.6.16, Dismissal of Faculty Policy 8.1.3, Staff Reduction in Force

Interpreting Authority

Statutory or Regulatory References

Policy Adoption Review and Approval

Related Policies

FS_12-01-14 Page 29

Financial Exigency Policy

Feedback from AAUP Forum 9/26/14

Overall

The policy appears totally reactive. The policy is intended to be reactive. It is not intended to

describe a process for ongoing fiscal management.

The financial conditions of the University should be transparent and reported annually.

Reporting at convocation was suggested. Not an issue for the policy; however, steps are

currently being taken to better education/inform the campus community how they can access

the financial information.

Policy Statement

Why doesn’t this policy include in the preamble EKU’s intent to comply with AAUP policies “as a

matter of principle,” as does the Dismissal of Faculty policy as well as other EKU policies related

to faculty? The financial exigency policy affects staff as well as faculty and non-academic units

as well as academic units. Using this language would diminish the effect on others affected by

the policy.

Delete “To the extent practical” (page 1, 3rd paragraph) Removing this phrase would conflict

with the last sentence of the 2nd paragraph.

Procedures

The phrase “University program and activities that do not contribute directly to the

development of educated persons” is too vague. (page 1, 1st paragraph under Procedures) This

language is appropriate in the context of the full paragraph. The language needs to be broad

enough to cover the wide range of programs and activities central to the mission of the

University.

Recommendations #2 needs a timeline and transparency. (pg. 2) The policy now reads: Within five (5) calendar days of notifying the Chair of the Board of Regents, the President shall notify the University community of the possible financial exigency and convene an ad hoc advisory committee, herein called the Advisory Committee.

Recommendations #3 replace “selected” with “elected.” No issues with this change. Add an

elected department chair. No issues with this recommendation. Chair of the Advisory

Committee should be elected from within the Committee. Waiting for input from the President The policy now reads: The Advisory Committee shall be composed at minimum of the Provost, the Vice President for Finance and Administration, the Chair of Faculty Senate, Staff Council Chair, a dean chosen by the Dean’s Council, and three tenured faculty members elected by the Faculty Senate. The Executive Director of Human Resources and the Vice President of the Student Government Association shall be non-voting members. The chair will be selected from the above group by the President of the University prior to the first meeting.

Needs better timeline. 6 months is too short (pg. 2) It is impossible to establish a timeline in an

unknown circumstance.

Plan. How will the faculty at large be informed and have voice in this process, beginning to end?

(pg. 2) The faculty are involved through the Faculty Senate, who has the responsibility of

informing the faculty at large and for representing their voice. This does not preclude the Board

or the President from also informing the faculty at large or from seeking input. This process of

“top down” is by statute. The statute does not require the University to seek and incorporate

FS_12-01-14 Page 30

faculty, staff, or student approval. As presently written, this policy does provide for both

employee and student input – more than the statute requires.

Plan #3 delete “to the extent possible.” (pg. 2) The Board determines who has the floor at their

meetings; therefore, the phrase needs to be left in.

Definitions

Is the word “dispositively” absolutely required under definition of financial exigency? It is

unclear. This is a legal term meaning “information or evidence that unqualifiedly brings a

conclusion to a legal controversy.” The word is not one used typically in today’s language and it

could be confusing. Recommend removing it,

Responsibilities

President, delete “and selected its chair.” (pg. 3) If changed above, this change would need to

occur

FS_12-01-14 Page 31

EASTERN KENTUCKY UNIVERSITY Serving Kentuckians Since 1906

TO: Members of the Faculty Senate FROM: Janna P. Vice, Chair

The Council on Academic Affairs DATE: November 21, 2014 SUBJECT: CAA Agenda for Faculty Senate As a result of the Council on Academic Affairs’ meeting on November 20, 2014, the following items are presented for the Faculty Senate’s agenda on December 1, 2014.

Curriculum Proposals

New Program Page College of Arts and Sciences

Department of Chemistry 1. Minor in Forensic Science 5

Create a new minor in forensic science to benefit students majoring in chemistry and biology have already taken many forensic science courses. It will be beneficial to students if a minor can be awarded.

Program Revisions College of Arts and Sciences

Department of Art & Design 2. Bachelor of Fine Arts in Art/Design Studio 7

1. Revise the BFA Art/Design Studio Concentrations program description. 2. Make the following revisions to the BFA Concentration Requirements: Add

ARH 390W, 391 and 467 to the Art History Course Requirements; remove ART 432 and replace with ART 433 to the Printmaking Concentration Requirements.

Department of Chemistry

3. Bachelor of Science in Forensic Science 18 Update Core, Concentration, Supporting course requirements and adjust credit hours.

Office of the Provost for Academic and Faculty Affairs

CPO 46, 212 Coates Building 521 Lancaster Avenue

Richmond, Kentucky 40475-3102 Phone: (859) 622-8812 FAX: (859) 622-8136

FS_12-01-14 Page 32

Eastern Kentucky University is an Equal Opportunity/Affirmative Action Employer and Educational Institution

Department of Economics 4. Bachelor of Arts in Economics 23

1. Change major requirement from “A minimum grade of “C” is required in all courses counted towards the major” to: “An average 2.3 GPA is required in the courses counted towards the core and concentration courses counted towards the major.”

2. Replace “MAT 107” with “MAT 112 or MAT 114.” 3. Change the 12 hours to 18 hours for the International Economics

Concentration in the Supporting Course Requirements.

5. Bachelor of Arts in Globalization and International Affairs 27

1. Replace “MAT 107” with “MAT 112 or higher.” 2. Remove GEO 330, HIS 346, 350, 365, 380, 474, 475, HUM 360, POL 316,

321, 421, 499, 517, 525. 3. Add ECO 395W, HEA 310, REL 301. 4. Revise Supporting Course Requirements hours and Free Electives hours.

Department of English & Theatre

6. Bachelor of Arts in English 30

1. Eliminate the foreign language / American Sign Language supporting course requirement. The language requirement has been counted towards the 36 required General Education hours for all EKU students. With this change, students would be free to choose any Element Six courses to fulfill their diversity requirement.

2. Add COM 320 to the Technical Writing Supporting Course Requirements.

7. Bachelor of Arts in English/Teaching 36

1. Eliminate the foreign language / American Sign Language supporting course requirement for the B.A. in English / Teaching degree, matching the same change for all other English majors. The language requirement has been counted towards the 36 required General Education hours for all EKU students. With this change, students would be free to choose any Element Six courses to fulfill their diversity requirement.

2. Revise Professional Education Requirements.

Department of History 8. Minor in History 41

Reduce minor requirements from 21 to 18 credit hours while reflecting recently approved course changes.

9. Bachelor of Arts in History 43

Add a core course requirement in introductory world history. Revise program description language and update the major requirements to reflect recent course additions and deletions.

10. Bachelor of Arts in History/Teaching 46

Revise Core Course Requirements and eliminate remaining hour of Free Electives. Adjust credit hours in Supporting Course Requirements to reflect eligibility of supporting courses to be counted toward General Education. Update Professional Education Requirements and adjust total degree hours based on revisions.

11. Master of Arts in History 50

Require that students take the topics course HIS 802A, 802B or 802C as one of the courses used toward fulfilling the department’s area requirements.

FS_12-01-14 Page 33

Eastern Kentucky University is an Equal Opportunity/Affirmative Action Employer and Educational Institution

Department of Physics and Astronomy 12. Associate of Applied Science in Science of Engineering 53

Add “CSC 174 or CSC 190 (or any departmentally approved programming language course)” (and delete asterisk) to the Supporting Course Requirements.

13. Bachelor of Science in Physics 55

1. Increase Physics Concentration hours from 6 to 9. 2. Add EET 252 as a requirement for the Engineering Physics Concentration,

increasing the hours from 16 to 19. 3. Remove EET 252 from the Supporting Course. 4. Requirements, decreasing the hours from 23 to 20; (5) add CSC 190 and the

word “departmentally” to the Supporting Course Requirements.

14. Bachelor of Science in Physics/Teaching 61

1. Drop Required Minor. 2. Drop CSC 104 or 212 from Supporting Course Requirements. 3. Add a line indicating Free Electives are 0 hours. 4. Decrease Total Degree Hours from 128-139 to 120. 5. Revise Professional Education Requirements.

College of Business and Technology

Department of Agriculture 15. Associate of Applied Science in Technical Agriculture 64

1. Remove ECO 230 and add ECO 120 as a general education requirement. 2. Remove OHO 366 as a requirement for the Landscape Horticulture

concentration. 3. Remove OHO 115 and 301, add OHO 354 as requirements for Turfgrass

Management concentration. College of Education

Department of School of Clinical Educator Preparation 16. Interdisciplinary Early Childhood Graduate Certification 66

1. Clarify requirements related to initial certification. 2. Update the IECE Graduate Certificate to include core requirements and

supporting requirements, remove special education, child and family studies and update the note for professional education requirements.

3. Remove SED 352, 436 and 499; add CDF 741 or 744 as core requirements. 4. Remove ELE 719, NSC 700 and SWK 456; add SED 711 as supporting

courses. College of Health Sciences

Department of Environmental Health Science 17. Minor in Environmental Health Science 69

Remove dropped course EHS 330 and add new course EHS 530.

18. Bachelor of Science in Environmental Health Science 71 Remove dropped courses EHS 285 and 330. Add new course EHS 530.

Department of Family and Consumer Science

19. Bachelor of Science in Child and Family Studies 74

Add PSY 200, 250, and 317 as options for support requirements in the Child Development Concentration.

FS_12-01-14 Page 34

Eastern Kentucky University is an Equal Opportunity/Affirmative Action Employer and Educational Institution

Department of Health Promotion and Administration 20. Bachelor of Science in Health Services Administration 78

Update the Pre-HSA curriculum and program admission requirements.

21. Bachelor of Science in Public Health 81 Add Accelerated pathway 3 + 2 Dual Degree BS in Public Health to MPH.

Department of Occupational Science and Occupational Therapy

22. Master of Science Occupational Therapy 85

Change the progression policy to include that a student will not be allowed to progress in the program after failing his/her second occupational therapy (OTS) course.

Information Item 23. Departmental Name Change 89

The Department of Geography and Geology will change departmental name to Department of Geosciences.

Discussion Item for Future Action 24. Repeating Courses Catalog Language 90

1. Allow the best grade to replace the lower grade. 2. Add a statement stating that a notation displaying included and excluded

grades will appear on the transcript. 3. Add a statement “Students seeking permission for a third enrollment shall meet

with a professional advisor to review why they have not previously been successful in the course, and to assess whether the student is in an appropriate major.”

4. Update grade options.

FS_12-01-14 Page 35

Dr. Richard E. Day

Associate Professor, Educational Foundations Chair, EKU Faculty Senate

Eastern Kentucky University, Combs Building, Room 100 521 Lancaster Ave, Richmond, Kentucky 40475

To: The faculty of Eastern Kentucky University

25 November 2014

Folks,

This month we will see two policies presented to the Faculty Senate for a first reading that have

been of interest to many members of the faculty: Financial Exigency and Dismissal of Faculty

(information only – vote anticipated in December).

A few thoughts, from my perspective…

The drafting team that worked on the Financial Exigency Policy (1.5.1) had a

threshold question to deal with. Do we really want a policy on Financial Exigency? After

all, it is not at all clear that the Board of Regents can be restrained by policy in any way

since they possess much broader statutory authority. In the end, the drafting team

decided (correctly, I believe) that a policy is the right way to go. We anticipate that the

Faculty Senate will vote on the policy in December.

The rationale is:

1. We hope this is a policy we never need.

2. But if we do need it, it is wise for the Board of Regents to have already outlined a

process for communicating the issues and collaborating on a solution in advance.

The policy would provide sober guidance during a time the members are under

maximum duress.

From my perspective - and despite its title - the policy on Dismissal of Faculty

(4.6.16) is one of a group of policies meant to support improved conditions for faculty. It

is important for faculty to understand that the Dismissal of Faculty policy does not

extend beyond the existing statutory authority of the university to discipline faculty

members for causes specified in KRS 164.360 or other federal civil rights regulations.

The Executive Committee has worked with Dr. Sherry Robinson to clarify language in

places, and we believe it is ready for campus-wide vetting. We anticipate that the Faculty

Senate will vote on the policy in December.

There is a little history that may help the faculty understand what’s behind this effort,

and it relates to forestalling an attack on tenure in Kentucky.

FS_12-01-14 Page 36

A few years ago, when faculty tenure was under political attack in Wisconsin, Indiana,

and other states, some state legislators began questioning the issue in Kentucky. The

typical claims were made: some faculty get tenure, quit working, and the university can’t

fire them. The folks at CPE, to their credit, pushed back against such claims and

promised that that was not the case in Kentucky. In support, universities began

reviewing their policies on post-tenure review and annual evaluation. It was determined

that the language in our policies left something to be desired and drafting teams were

tasked to rewrite the policies.

When the Executive Committee saw the early drafts of Post-tenure and Annual Reviews,

we reacted negatively. Despite the university’s intention to write policies that were

supportive of faculty development, the language tended to be very top-down and

unnecessarily punitive in tone. We asked the Provost to send the policies back to

committee for reworking, and she agreed.

What we see coming forward now are efforts that describe university support for faculty

development (as with the Professional Development program recently announced by Dr.

Vice), a process that outlines an annual conversation between a faculty member and the

chair with a brief triennial write up (Annual Review of Tenured Faculty) and a concerted

effort to use existing mechanisms, so as to respect faculty time without adding

unnecessarily burdensome reporting to the process.

The policy on Annual Review of Tenured Faculty (4.6.17) is ready for review, but

before coming to the Faculty Senate for consideration, we have decided to hold another

Policy Forum to gather your input before proceeding. We are looking at an early

February date.

On a related note, the policy on Academic Administrators seems to be following the

same general design as the Annual Review of Tenured Faculty – annual conversation,

with a formal write up every third year. That parallel construction was seen as important

to many faculty members.

The policy on Post-Tenure Review is still in development. We expect it to surface later

in the spring.

Attached to this report is a letter I sent to the President, with the blessings of the

Executive Committee. It relates to an on-going series of disagreements between the

Senate and the Provost’s Council regarding the date by which faculty members

must be notified if they are not going to be offered a contract for the

following year. The Senate keeps passing March 15th. The Provost’s Council keeps

knocking it back to May 15th. It occurs to me that there is a rational middle ground (April

15th) that might work for both groups, but we don’t presently have a mechanism for

conferencing (negotiating) policy differences. The affected policies are Lectureship,

Clinical Faculty, and Evaluation of Faculty Not Eligible for Tenure. I have asked the

president to consider a solution.

The Provost’s Council also revised the Student Absence Policy passed by the Senate.

The Council made some language more mandatory, to prevent students from being

penalized for certain absences that may be required of them as a condition of joining

another university sanctioned activity (such as with veterans, athletic scholarships, mock

trial, etc.). The Provost’s Council wanted to assure that students could make up missed

assignments.

FS_12-01-14 Page 37

Other issues in the works:

An effort to revive a Financial Planning Council-type group to allow faculty to provide

formative input into the budgetary process.

The Elections Committee has recommended a candidate for Faculty Senate

Parliamentarian. The Executive Committee will follow up on that recommendation next

month.

The University Strategic Planning process continues. Input has been received on the

first draft of plan. That input is being discussed as refinements are made. The Regents

will see the draft in January. Faculty should expect more alterations to the plan as more

feedback is received and the committee moves to identifying performance indicators

and metrics in support of the plan.

We will begin updating photographs for the Senate website in the spring.

As we approach the holiday season, and the end of another semester, let me extend the thanks of

the Faculty Senate for the important work you do every day on behalf of our students.

Go Colonels! Good luck in the FCS Division I Championship Tournament.

Best.

Richard

Dr. Richard E. Day, Ed. D. Associate Professor, Educational Foundations, Eastern Kentucky University Chair, EKU FacultySenate Si hoc legere scis, nimium eruditionis habes

FS_12-01-14 Page 38

Dr. Richard E. Day

Associate Professor, Educational Foundations Chair, EKU Faculty Senate

Eastern Kentucky University, Combs Building, Room 100 521 Lancaster Ave, Richmond, Kentucky 40475

22 November 2014

Michael T. Benson, President Eastern Kentucky University

Dear President Benson,

As you are well-aware, the essential duty of the EKU Faculty Senate is to assist the university in

the development of sound administrative practices by vetting policies through our various

constituencies. In this way we support the important function of shared governance and

contribute to the excellence of the institution.

As you also know, we have a well-defined process for dealing individual policies by vetting them

through a hierarchy of groups. But we do not seem to have a handy vehicle for vetting individual

issues that cut across several policies, or negotiating aspects of such issues between groups.

The Clinical Faculty policy, which will soon arrive on your desk, is a case in point. As with the

Lectureship policy, the Clinical Faculty policy must balance the needs of the institution against

the needs of individual faculty members as it pertains to the date by which the institution must

notify faculty members who may not be offered a position for the following year.

The Lectureship policy went forward last year, following a disagreement between the Faculty

Senate and the Provost’s Council. The Senate approved the policy with notification to occur by

March 15th. The Provost’s Council overruled and set the date at May 15th. We do not have a

conference committee or other vehicle that might serve to negotiate issues. Policies are voted up

or down in toto.

The same debate, and the same fate, has befallen the Clinical Faculty policy. Should non-

returning faculty receive notification by March 15 or May 15? I would propose a middle ground

FS_12-01-14 Page 39

and suggest that April 15th be set as the notification date for both policies – and I understand

there may also be implications for the Promotion and Tenure policy as well.

I’m looking for a solution that would bring the issue of the notification date only back before the

Provost’s Council and might allow us to compromise on the April 15th date and apply it to all

three policies. I would appreciate your insights and suggestions on how we might resolve this

important issue.

Sincerely,

Richard

Dr. Richard E. Day, Ed. D. Associate Professor, Educational Foundations, Eastern Kentucky University Chair, EKU FacultySenate Moderator, Kentucky School News & Commentary http://theprincipal.blogspot.com

Office @ EKU Combs Bldg, Rm 100: 859-622-8236 Cell - 859-321-6084 (voice mail)

E-mail - richard.day@eku.edu reday00@gmail.com Si hoc legere scis, nimium eruditionis habes

Xc: Faculty Senate Executive Committee Janna Vice Sherry Robinson

FS_12-01-14 Page 40

Parking Advisory Committee Meeting, 28 October 2014

Report to the Senate

Matthew L. Howell

The Parking Advisory Committee met on 28 October 2014 to discuss parking issues concerning staff,

faculty, and students. Representatives of the EKU Police, Parking Control, IT, Faculty, and Staff were in

attendance. The student representative was unable to attend. The committee addressed five main

topics which are ongoing, and several smaller ones which might develop in the future.

Action Items

1.) As part of the update to the university’s aesthetic look, we have redesigned the signs for the

parking lots. The new signs are more in keeping with the new look, will be more visible with the

name of the parking lot, and have more prominent permit control markers. The more important

change is that the new signs will have redesigned permit control markers that should be easier

for people to understand. Employee passes will remain E permits, but commuter parking will

become C permits, and Residential permits will become a single undifferentiated R permit, and

so on.

2.) The staff, especially the IT people, would like to have 2 reserved spaces outside of every

academic building for university vehicles so that they will have an easier time moving equipment

from EKU vehicles to the buildings. The advisory committee thought 1 reserved space might be

more reasonable, and also suggested a 1/hr time limit on the use of the space so that

IT/Facilities staff actually use the spots for transporting equipment rather than as reserved

parking for staff. These spots will be coming out of the current employee spots, and around

academic buildings that means likely faculty parking.

3.) There is continued discussion of the introduction of reserved parking. The upside of reserved

parking is that the higher fees for the reserved parking spaces could be used to improve parking

over the entire campus. Morehead used just a couple years of fees from their reserved parking

to build a new parking structure. The downside of the reserved spots is that it allocated parking

to employees based on pay –which means that staff would be unlikely to get them while faculty

would, and the staff and faculty are already a little uncomfortable with the class divisions among

the employees.

4.) Grand Campus has 501 parking spaces –enough for every resident. At present, only Grand

Campus residents get a parking space there, but they have a regular R permit. There was

concern that students with Grand Campus R permits have a reserved space at their dorm, and

then they take their cars across campus and take up space in another dorm’s lots. The

possibility of creating an R-1 permit so that students at GC can’t park anywhere else is a possible

solution, but it is also unclear whether GC residents taking up the rest of the parking on campus

is a real problem. The committee sent this to Residence Life for their input and we will back

whatever they prefer.

FS_12-01-14 Page 41

5.) Finally, the university is looking to get new parking meters that can be set up to auto-bill faculty

or auto-bill departments for parking. We’ll also be creating more metered visitor parking

around campus. Near Commonwealth Hall and behind Powell have been mentioned.

Informational Items

1.) With the new signs going up, we may need to adjust the enforcement hours for the lots. At

present, the 2:00am-7:00pm and 24 hour controlled lots are not actually enforced that way. It

was suggested that we post the actual enforcement hours, which are closer to 5:00am-7:00pm.

This will be investigated further because the current hours might have implications for

maintenance schedules. Also, with current enforcement, anyone ticketed for being improperly

parked in a 2-7 lot has been there for at least 3 hours, eliminating any complaints that the

student just wasn’t able to move their car fast enough.

2.) Reserved spots for RHA around dorms will be re-allocated to match the actual number of RHA

personnel in each dorm. This will happen when the new signs go up, which is slated for next

Fall.

3.) The former Combs parking lot (not Keith Lot) is not, contrary to wide belief, absolutely going

away. The plans for the new garden and entrance do not call for the elimination of those

parking spots. However, they might still be going away –those plans are not finalized. Putting

some parking under the garden –where the tennis courts currently are –has been suggested, but

the existence of that sinkhole actually makes it technologically difficult to do.

4.) In order to equalize some of the parking pressure, we may convert the Lancaster parking lot into

a half Residential half Employee lot. It would not be an either/or lot, there would be marked

spots for residential and for employee permits, and you would have to park in the right spots.

The reason this hasn’t been done before is because the employees turning left off Lancaster

would back up traffic all the way to Eastern Bypass. However, there is now an entrance to that

lot off Barnes Mill Road, so the lot could be set up so that entrance and exit would be right-turn

only, thus preventing the traffic back-up.

5.) Commonwealth Hall is being renovated. The parking spaces over there are being discussed.

They may be slotted for visitor parking, or for employee parking (the new offices will need 125

parking space) or left as student parking. Probably some combination to be worked out in the

future.

6.) In addition to the university vehicle parking spaces, we also need to do something about service

vehicles for outside contractors. They tend to show up on campus every day and take up many

parking spaces. Parking control thinks these service permits are used more like personal parking

passes than temporary ones. During the next round of contract negotiations, we may try to get

the outside contractors to just buy regular parking passes for their vehicles, just like other EKU

vehicles are permitted.

FS_12-01-14 Page 42

7.) The sidewalk running from Maddox to Kit Carson, beside Whitlock, might be converted to a

driveway to better connect visitor parking to parking control. We’d expand visitor parking

around the Whitlock building to allow visitors to get temporary passes without risking a parking

ticket.

8.) Finally, faculty would like to do away with the parking fees, and really appear to hate the current

free lot (only one or two people got them). Alas, there doesn’t appear to be much chance of

ending it given current economic conditions. Also, the paycheck deduction option has been

discussed. Some faculty don’t like it and would prefer to pay by check. For some reason –IT

hasn’t been able to figure it out and fix it –this resulted in double payment of fees, or failure to

have permits issued. The paycheck deduction also makes it easier to deal with employees who

leave mid-semester. The paycheck deduction is simply stopped, while a lump sum payment

would have to be calculated into a refund (a process apparently hard enough that the university

prefers not to even bother, and just pocket the difference).

As always, if you have concerns or question, I would be happy to bring them up at our next meeting.

FS_12-01-14 Page 43

Provost’s Report to Faculty Senate December 1, 2014

Winter Term

With December 15 approaching, Winter Term registration has exceeded expectations. We will

report the official numbers in January. For this inaugural term, minimum enrollment is

considered six students for an undergraduate-level course and five students for a graduate-

level course. Prior to the start of classes, my office will notify the appropriate college dean

regarding courses that do not meet minimum enrollments. Faculty will have the opportunity to

proceed with low-enrolled classes at a pro-rated salary.

The process, compensation, and paperwork for teaching a Winter Term class is similar to that of

Summer School.

Update on Academic Affairs’ Searches

1. In response to Dean Allen Ault’s announcement that he will retire in June 2015, I will meet

December 1 with the College of Justice and Safety to review the plan for a national search and

share the procedures for the College to use in selecting the search committee. The model will

be similar to that used for the successful national searches for deans for the Colleges of

Education and Business and Technology. Dr. Deborah Whitehouse, Dean of Health Sciences, will

chair the search.

2. Stacey Street, Interim Executive Director for Institutional Effectiveness, has also announced her

retirement for March 2015. We will begin a national search to fill this position. Dr. Rose

Perrine, Associate Dean of University Programs, will chair the search.

3. Since becoming Provost in 2010, I have held the position of Associate Provost vacant. As EKU

rises to meet increasing challenges and competition, the need to fill this position has become

pressing. Therefore, I am converting the position of Executive Assistant for Academic Policies

and Process to a Vice Provost position. This new position will have responsibilities for academic

policies and process as well as undergraduate curriculum and academic programs. This search

will be an internal search. The incumbent may apply for the appointment competitively. Dr.

Shirley O’Brien, Department of Occupation Sciences and Occupational Therapy, will chair the

search.

Postings for all three positions will be forthcoming in OES and open for applications.

FS_12-01-14 Page 44

Saundra McGuire Workshop

As you prepare your spring schedules, please plan to attend Dr. Saundra McGuire’s workshops

on metacognition, held on February 20, 2015, in O’Donnell Auditorium of the Whitlock Building.

Dr. McGuire will lead a morning workshop regarding getting students to focus on learning and a

follow-up afternoon workshop to discuss approaches to teaching metacognitive strategies.

Both workshops will provide faculty important strategies to help ensure student success at EKU.

A flyer with additional information about these workshops is attached.

To register, go to http://studio.eku.edu/saundra-mcguire-faculty-workshop-registration.

On February 19, Dr. McGuire will also give a student lecture regarding using metacognition to

improve student success. EKU’s goal is to have 2,000 students attend this very important

event. Please help spread the word about this opportunity to your students. Consider

announcing the lecture in your class, adding it to your syllabus, and/or making this an extra

credit opportunity.

Lunch with Faculty Senators

Given the time constraints on everyone in December, we will not have the usual luncheon on

Wednesday. We will resume lunch with Faculty Senators in February.

Have a wonderful break. I look forward to continuing our work together in Spring 2015.

Respectfully,

Janna Vice

FS_12-01-14 Page 45

Please see the back of this flyer for information about Dr. Saundra McGuire's event for students. We need your help publicizing this event.

METACOGNITIONwith Dr. Saundra McGuire

Friday, February 20, 2015O’Donnell Auditorium, Whitlock Building

#EKUMeta

Morning Session8:30 – 11:30 a.m. Get Students to Focus on Learning Instead of Grades: Metacognition is the Key!This session will focus on the importance of helping students acquire simple but effective learning strategies based on cognitive science principles. Attendees will engage in interactive reflection activities to experience strategies that significantly improve learning while transforming student attitudes about the meaning of learning.

Afternoon Session12:30 – 2:30 p.m. Approaches for Teaching Metacognitive Strategies to Individuals and GroupsThis hands-on follow-up workshop will present faculty with specific approaches for helping students embrace metacognitive learning strategies and will provide opportunities for attendees to practice techniques for motivating students to use the strategies.

Refreshments provided

Note: You are encouraged to attend both sessions. If you can only attend one, consider attending the first session as the second session will follow-up on content presented during the first session.

Lunch Break @ 11:30 a.m.

Visit studio.eku.edu/metacognition to register today!

Free and open to all faculty

FS_12-01-14 Page 46

METACOGNITION: The Key to Acing Courses!with Dr. Saundra McGuire

Learn strategies to help you experience meaningful, transferable learning, resulting in success in your courses and in life!

THURSDAYFEB.19

2015 6 – 8 PMEKU CENTER FOR THE ARTS

WINPRIZES

Would you like to earn better grades?

Do you resort to cramming before tests?

Do your study sessions normally involve memorization?

On February 19 at 6 p.m., Dr. Saundra McGuire will give a student lecture regarding using metacognition to improve student success. EKU's goal is to have 2,000 students attend this very important event. Please help spread the word about this opportunity to your students. Consider announcing the lecture in your class, adding it to your syllabus, and/or making this an extra credit opportunity.

Free and open to all students. Advance registration available. Walk-ins welcome!Visit studio.eku.edu/metacognition to register

Proof of attendance will be available.#EKUMeta

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Faculty Senate Rules Committee Meeting Report

11/19/14 Present: Stephanie Adams, Jeffrey Neugebauer, Sandy Hunter and Camille Skubik-Peplaski Absent: Dusty Embury Reviewed and prioritized charges made to rules committee to create action plan. Charges-

1. Conduct a review of the existing Faculty Senate term limits policy and report any recommendations to the Faculty Senate Executive Committee for possible action. The rule committee reviewed and discussed the senator term limits listed in the Faculty Handbook. Although the committee recognizes that some smaller departments may have difficulty meeting the term limits

We recommend NO ACTION on the current term limits

2. Regarding video streaming of the Faculty Senate meetings and Executive Committee meetings:

In an effort to promote collegiality, transparency and collaboration with the faculty at large, we recommend placing a podcast of the monthly Faculty Senate meetings on the EKU website. The committee researched and could find no policy or practice at EKU relating to this issue. In researching other universities, we found several that used live streaming and others that provided a podcast on the university website. We recommend that the Executive Committee work with the Faculty Senate Secretary and the IT Department to explore the feasibility and then monitor to determine if this is a worthwhile effort.

3. Review the Faculty Handbook, Faculty Senate and internal practices and report any recommendations to the Faculty Senate Executive Committee for possible action.

Section “” of the Faculty Handbook needs to be modified to incorporate the new graduation procedures. We recommend that the language be such to give departments and programs flexibility in determining faculty requirements for the graduation ceremonies.

In Part 7, Section VII B, Lecturers should be included in the list of eligible academic ranks for Membership in the Senate.

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In that same section, we recommend clarification on how the part-time faculty representative is chosen, specifically how and by whom they are nominated and elected. This may actually fall under the next charge in the Committee on Elections and Nominations.

Finally, we recommend realignment between the handbook and the actual policies (For example, the Establishing Reasonable Accommodations Policy is actually 1.3.4 but is listed in the handbook as 1.4.4.

4. Conduct a review of each Faculty Senate committee and report any recommendations to the Faculty Senate Executive Committee for possible action.

For the Committee on the Budget, we recommend exploring the possibility of a easily accessible, global picture of the budget for the Faculty Senate and how it is being used.

For the Informational Technology Committee, we recommend that the faculty at large be polled, perhaps online, more frequently and more broadly to determine technology needs and issues, especially concerning computers and online resources such as Blackboard.

We recommend that each committee review its rules in the handbook and provide feedback if a change is needed.

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