Texas Tech University The Faculty Senate October 3, 1980 TO: Members of the Faculty Senate FROM: Roland E. Smi h, President SUBJECT: Agenda for meeting #26, October 8, 1980 The Faculty S nate will meet on Wednesday, October 8, 1980 at 3:30 p.m. in the Senate Room o the University Center. The agenda is as follows: I. Minutes of the S ptember 10, 1980 meeting II. Annual Report III. Report of the IV. V. Recommended chan e in Senate Bylaws - Stewart Proposed revisi n of the Te ure Policy - Schoen VII. Report on deve opments con erning the Athletic Council - Smith VIII. X. enure and Privilege Committee - Stewart Resolution rega ding certain university committees - Agenda Committe VI. IX. the Faculty Senate, 1979-1980 Report on Aus in meeting Smith Other Business Announcements A. Selectedi ms from minntes of Academic Council Meetings e tember 9 1 80 1. A discussi was distri all appoin clearly de cussion of made for i n draft regarding clarification of appointment desig uted and discussed. Dr. Cavazos indicated his conce ees be treated fairly and that appointments and cont ignate the condition of agreements. There was gener the types and nature of temporary appointments which structional positions. ations n that acts 1 dismight be 2. Dr. Hardwi He noted t useful in person's a considerat k discussed peer evaluation for tenure and promotion e need for careful and fair appraisal with documenta he review process. He also noted the importance of nual evaluation and that annual evaluation's relatio on for tenute and promotion. purposes. ion to be he chairship to LubbOck, Texas 794091(806) 742-3656 Page 2. Agenda, Faculty Sena:e Meeting # 6 October 8, 1980 Announcements continued 3. Council menbers were a$ked to obtain the appropriate forms for utside employment from any faculty who are engaged in, or who plan to be engaged in consulting or other outside employment as defined by board p olicy during the coming academic year. 4. There was brief discussion of the Academic Information System d its use for the coming year. It was noted that the Information System uould again be used to look at a variety of factors including teaching wor _oads, class size, schedule, and cost effectiveness, as well as research and productivity measures. As soon as the information can be deve oped for this semester deans will be asked to work with their chairpers ns and other representatives to review and determine better allocatio s of resources within the collegiate units. 5. Dr. Ramsey mentioned the Governor's Office request for reducti -a of state employees and the need for balancing faculty assignments and w -Aloads as changes are considered in response to the Governor's program. 6. A propose] for a ledership development program was announced. rhe Instituticn has made a proposal to the Governor's office for fLads to assist in leadership development activities on campus for the next three years. 7. Dr. Jones discussed the possibility of some salary improvement funds to be available from indirect cost return and investment interests increases during the year. He noted that a distribution system is needed and indicated that a prLmary concern was for improved support of highly productive faculty, particularly in the research area since this represents a part of the source of funds. 8. Dr. Hardw_ck briefly described a communication from the Commis Higher Edlcation regatding classifications of institutions wit He indica:ed that the President had objected strongly to any s would be letrimental to Texas Tech's position as a major multi universit y within the state. ioner of in the state. stem which purpose B. Correspondence The following correspOndence has been sent from the Senate Office since that which was reported at the last Senate meeting. I. A second letter to Lonise Luchsinger, Clarence Bell, Martin Gu dersen, David Fina, and Michael White, regarding their absence from th Senate. 2. Dan Bensoa, accepting his resignation from the Special Hearing Panel for the Tenure and Privilege Committee. Page 3. Agenda, Faculty Senate Meeting # 6 October 8, 1980 Correspondence tontinted 3. Murl A. Larkin cDnfirming hip appointment as a member of the Faculty standing committee, Faculty Status-and Welfare. 4. Paul Hanna, info:ming him of his election by the Faculty Senate to se ve on the Special Hearing Panel for the Tenure and Privilege Committtee. 5. Stephen B. Thomas, accepting his resignation from the ad hoc Committe Institutional Resource Date Base. 6. Michael C. Stouna, accepting his resignation from the Faculty Senate. 7. Charles Hardwick, regarding Senate confirmed nominations to fill vaca cies on the Library Committee and on the Admissions and Registration Commi tee. 8. J. Knox Jones, regarding appointments to the Academic Publications Co 9. Lauro F. Cavazos President, forwarding the resolution concerning the Athletic Council which the Senate approved at its September meeting. enate on ittee. 10. William A. Stewa=t, Chairperson, Tenure & Privilege Committee, reques ing a report to the Senate from that committee on the status of its recomme ations to the President of the Univarsity concerning temporary faculty posit ns, etc. 11. Charles Hardwick 12. Margaret Wilson, to serve as convenor of the Faculty Senate standing Dmmittee, Budget Study Committee, and oharging that committee with the investig ion of the financial situation of the library. 13. Ernest W. Sullivan, Department of English, confirming his appointment as Parliamentarian of the Faculty Senate for the remainder of the 1980-8 academic year. 14. William A. Stewalt, Chairperson, Tenure & Privilege Committee, regard ag the Senate's election of Murl Larkin, School of Law, to the Special Heari ; Panel of the Tenure & Privilege CoMmittee. 15. Charles Hardwick, regarding appointments to fill vacancies on the Lib s.ry Committee. 16. J. William Davis, thanking him for his attendance at the September Fa meeting and for lis work as member of the ad hoc Committee to Investi Compliance of Texas Tech University with Southwest Athletic Conferenc forwarding the resolution regarding large lecture h ls. 6 Ilty Senate te Rules. Agenda item VI. 8 If a faculty member on probationary appointment alleges that a dec sion not to reappoint him is caused by considerati is violative Present text of TTU Tenure Policy, Par Section 8 PROPOSED 1 2 IV, of ac. demic freedom, his allegations shall be given preli linary consi der tion by a faculty committee. If the committee conclud s that there is pr bable cause for the faculty member's allegation, the natter shall be h -ird in accordance with the procedures outlined in Section VI,. excep that the faculty member shall be responsible for stating the grow ds on which he bases his allegations and the burden cf proof will rest u on him. VISION OF T 8. If a p obationary TENURE POLICY, PART IV, SECTION acuity member believes that a decision to deny reappointm nt 3 (a) was m de for reas ns violating academic freedom; 4 (b) was m de without 5 6 8 equate consideration of professional performance; (c) was de after no ompliance with prescribed procedures; (d) was b sed upon fa tors lacking a substantial relationship t) 8 9 professional fi ness or per (0) was b sed upon a rmance; or riterion not listed among the prescribed 10 evaluative crit ria for rea ointment or admission to tenure, the facalty 11 member may pres nt these al gations, which shall include the specifi) 12 grounds support ng them, in 13 Standing Commit 14 Committee shall give prel 15 complaint. If he Committe concludes that there is probable cause fn. 16 the complaint, he matter s 11 be heard in accordance with the procelures 17 outlined in Sec ion VI, exc pt that the faculty member shall be responsible 18 for stating 19 bear the burden of proof. the e on Tenur grounds upo ting to the chairperson of the University and Privilege. The elected members of Vie ary consideration to the faculty meMberls which the allegations are based and shall ittee find probable cause if nonreappointment 20 In no case shall the C 21 was for reasons of bona Lid 22 duly considered and authori ed deletion of an academic program or part 23 thereof. [Se financial exigency or in consequence of a next page for Comments on the Proposed Revision] Agenda item VI: Comments The University nure and Pr established by the Beard of Regen important functions: (1) to mak and (2) to decide if there is "pr ulty member has been enied reapp The proposed re Under the present te the Committee of prob activates a Special adversary proceeding administration is th Special Hearing Commi Tenure Policy, Part V vilege Committee (hereinafter "the Comm tee") is s in the TTU Tenure Policy. The Committ e has two recommendations pertaining to the tenu policy, bable cause" that a complaining probatio ary facintment for reasons violating academic f eedom. sion relate to the Committee's "probable cause" fun of the TTU Tenure Policy, Part IV, Section 8, a fin ble cause tlat a violation of academic freedom has o aring Commi tee to hear the faculty member's complai herein the aculty member is the petitioner and the respondent. The findings and recommendations, if an tee are pre ented to the Board of Regents for action , 1976-77 F culty Handbook, pp. 47-48.) tion. ing by curred t in an niversity , of the (TTU The proposed rev sion substa daily increases the specific grounds up the Committee might f nd probable cause that a violation has occurred. Au to find probable caus should not be confused with the exercise of that au The Committee is neut al. It is either advocate nor adversary of the fac ber or the University administrat on. n which hority hority. lty mem- Expansion of the probable ca se grounds beyond "academic freedom" is by the persistent pro lems encoun ered in defining the precise meaning and "academic freedom" an the need t provide specific additional safeguards bationary faculty mem ers who are denied tenure or reappointment. These p supplementary proscri tions--some procedural, some substantive--are consis the proper goals and dministrati n of the tenure policy and consistent as a fair personnel poll y. equired scope of Or prooposed ent with ell with Tenure should no be awarded to faculty members whose qualifications d professional performance are deficie t. Awarding tenure to unqualified perso s is encontrary to the best nterests of the faculty and the University and there dangers the tenure sy tem itself. This proposed revision does not guarant tenure or reappointment for nqualified ersons. The revision merely requires th t decisions to award or den tenure, to reappoint or terminate, be made in accor nce with prescribed proce ures, be ma .e after consideration of relevant factor and be made for legitimat reasons. The proposed rev sion also i chides less significant changes to the p text of Part IV, Sect on 8. In a cordance with past practice and custom, vision specifically ii entifies th "faculty committee" as the University S Committee on Tenure aid Privilege. The revision, again reflecting past pr and custom, states th t the "prob ble cause" complaint shall be considered elected members of th Committee. Although the President and Vice Preside Academic Affairs are x officio members of the Committee, these officers i years have not partic pated in th probable cause proceedings of the Commi sent e rending tice y the for past ee. The final paragr ph of the p oposed revision makes explicit what has ways been implicit. Agenda item IV RESOLUTI N REGARDING NOMINEES TO CERTAIN UNIVERSITY COMMITTEES WHEREASt e"Directory of Standing Councils and Committees 1980-81" specifies t at four committees (Biosafety Committee, Protectio of Human S bjects Committee, Radiation and Laser Safety Co ittee, and Warm-Blooded Animal Committee) are "special ommittees," and "not standing committees of the Universit ; and WHEREAS A ticle V, Se tion 4 of the Constitution of the Faculty Senate of Texas Tech niversity (approved and adopted by the Faculty Council, niversity P esident, and the Board of Regents) states: "The comp of T Medi comm memb Univ (but from by t spec Sena President o sition of a xas Tech Un me, and th ttees or co rs are to b rsity facul not ad hoc) a list of n e Faculty S fy the numb e for each the University may establish and define hoc or standing committees or councils versity, Texas Tech University School of Museum of Texas Tech University, or joirt ncils of the above, and may determine if elected or appointed. Texas Tech y members appointed to these standing committees or councils shall be selected minees for each committee or council provided nate. The President of the University may r of nominations to be supplied by the Faculty uch committee or council position. The osition of he chairperson of the Athletic Council of t e Universit shall not be open to nomination by the Facu ty Senate." BE IT RES that the (named ab in the fo and stati when, in matter of We reques LVED that t e Faculty Senate reminds the administratLon esponsibili y for nomination to the four committees ve) resides with the Faculty Senate and has been violated lowing mann r: by calling them "special" committees g that they "are not standing committees of the University," act, they a e; and by publishing them in the directory "as a information. that the c ittees be restored to their former statas. Agenda item V., INTRODUCTION Proposal to amend he bylaws: In accordance attached to the ag thirds affirmative de facto vacancies to be held for tho with Sectio 10 of the bylaws, this proposition is nda for act on at the October 8 meeting. A twovote will m ke it effective immediately and permit to be fille during the same elections which are e which hay been vacated by resignation. RECOMMENDATION Amend Section absence of more th seat vacant when s conditions which m Bill Stewart 10/3/80 8 by adding n five cons ch an antic y be reason paragraph 5, as follows: An anticipated ctive months shall be cause to declare a pation is supported by knowledge of the bly expected to cause the absence.