Faculty Policies and Procedures Committee

October 22, 2004

Penthouse CR1 / 7:30-9:30 a.m.

 

Members Present: Dr. Loretta Cormier, Dr. Dorothy Gauthier, Dr. Pat Greenup, Dr. Jeanne Hutchison, Dr. Philip Musa, Dr. Rose Scripa, Dr. Uday Vaidya, Ms. Carolyn Walden, Dr. John Waterbor, Dr. Michael Wyss (Chair)

 

Ex-Officio Members Present: Mr. James Lowery, Mr. Edward Kennedy

 

Members Absent With Notice: Dr. Eli Capilouto, Dr. Madelyn Coar, Mr. Timothy Pennycuff, Dr. John Smith, Dr. Om. Srivastava

 

Members Absent Without Notice: Dr. Hrudaya Nath, Dr. Sonja Rieger, Dr. Gary Sapp

 

Alternates Present: None

 

Call to Order: Chair Wyss called the meeting to order at 7:40 a.m.

 

Adoption of Minutes: The September 24, 2004 minutes of the FPPC were approved as distributed with editorial changes.

 

Chair Report: Chair Wyss indicated that Section 2.0 has been received by the Senate and will be reviewed at the November 9, 2004 Senate meeting.

 

Sub Committee C – Dr. Greenup indicated that Section 3.5 of the faculty handbook has been revised with the recommendations from the September 24, 2004 meeting and is now complete.

 

The FPPC committee reviewed Section 3.8 and the recommended changes from the September 24, 2004 meeting.  Dr. Greenup recommended that the statement ‘Graduate Student Handbook be included in the text or listing of the handbook. Chair Wyss motioned to approve the recommendation.  The motion was accepted.

 

Subcommittee C Report – (Handout attached to official copy of minutes)

 

FPPC Subcommittee C – Report – October 22, 2004 Meeting of FPPC

 

The following table is a summation of the recommendations REQUIRING vote by the FPPC from Subcommittee C concerning Section 3.0 and Policies (# 1,5,6,7,8,10,22,24,29, Consensual Romantic Relationship assigned to Subcommittee C) and status of Sections or policies approved by the FPPC to date. The table identifies the policy (and related Section3.6) that are currently under review by the Administration.

 

 

Section 3 Faculty Rights and Responsibilities

Status of Each Section Based on Review by

Subcommittee C

 

 

 

3.1 Academic Freedom

No substantive changes recommended.

 

3.2 Political Activity

No substantive changes recommended.

3.3 Extramurally

Sponsored Programs

No substantive changes recommended.

3.4 Fundraising

No substantive changes recommended.

Editing change will be done to correct name of guidelines to read

“See Fund Raising Policy and Gift Acceptance Guidelines from the UAB Alumni and Development Office”

 

3.5 Consulting

The revised Section 3.5 was approved by the FPPC on September 24, 2004.

 

 

3.6 Maintenance of High Ethical Standards in Research and Scholarly Activities

This section of the Faculty Handbook will need to be reviewed when the current Policy Concerning Maintenance of High Ethical Standards in Research and Scholarly Activities is forwarded by administration to the Senate/FPPC. There is an ad hoc group reviewing the policy.

 

 

3.7 Nepotism

No substantive changes are recommended. However, four editorial corrections are needed so that the Section 3.7 reads:

“No family member may interpret policy and procedures or make ANY work-related decisions regarding hiring, promotion, salary compensation level, job assignment, performance evaluation, discipline, termination, or any other SUCH issue affecting another member of his/her immediate family.

Immediate family includes spouse, son or daughter (including stepchildren), grandchild, son-in-law, daughter-in-law, parent (including stepparent), grandparent, father-in-law, mother-in-law, brother or sister (including stepbrother or stepsister), brother-in-law, sister-in-law.

Any exceptions to this policy must be approved in writing (in the case of faculty members by the Dean or Library Director and by the Provost) and must be submitted to the Associate Vice President for Human Resource Management. Future problems related to an approved exception should be referred to (in the case of faculty members to the Dean, or Library Director, Provost) or Associate Vice President for Human Resource Management, as appropriate.”

Changes are in CAPS and the location of the information in ( ) related to in case of faculty members.

 

3.8 Standards of

Behavior

Revised document was approved by the FPPC on September 24, 2004.

 

10-22-04 – There are two questions to be addressed concerning minor additions to Section 3.8.3

 

3.9 Sexual Harassment Policy

A. Informational Item

Status of Faculty Investigator Guide to Sexual Harassment

Ed Kennedy reported on September 20 that the Office of Counsel has been working on revisions to the Faculty Investigator Guide to Sexual Harassment. The name of the guide will remain the same and no changes will be required in the 3.9 section of Part I of the Faculty Handbook

 

B. Recommendation for Vote by FPPC

Subcommittee C is recommending to the FPPC that when the Guide is updated the Provost Office inform all faculty members that the Guide has been revised and that faculty can review the Guide at an online site or identify where a paper copy can be reviewed. Faculty members need to know that the Guide does exist and more importantly be aware of the contents in the Guide.

The FPPC should prepare a request to the Faculty Senate that a recommendation is to be forwarded to the Provost to make this request of faculty notification when the Guide revision is completed.

 

 

3.10 Ownership of Intellectual Property Rights

No changes recommended. Previously published revision has been incorporated in on-line administratively approved version of the UAB Faculty Handbook and Policies.

 

 

3.11 Computer Software Policy

Office of VP for Information Technology has reviewed (April 2003) and no changes are recommended.

 

 

3.12 Electronic Data Processing Security Policy

A. Informational Item

Office of VP for Information Technology has reviewed (April 2003) and no changes are recommended.

 

B. Recommendation for Vote by FPPC

Subcommittee C is recommending that section 3.12 be renumbered as 3.13 and then renumber 3.13 as 3.12. The rationale is to place the two computer software policies in consecutive order.

 

NOTE: This change requires a change in the table of contents.

 

3.13 Computer Software Copying and Use Policy

A. Informational Item

Office of VP for Information Technology has reviewed (April 2003) and no changes are recommended.

 

B. Recommendation for Vote by FPPC

Subcommittee C is recommending that section 3.13 be renumbered as 3.12.

NOTE: This change requires a change in the table of contents.

 

 

 

C. Informational Item

Ed Kennedy was consulted about the ownership of student-produced materials for course requirements. May 14, 2003 response:

“First, I'm not sure what "etc." might include.  I assume you are talking about undergraduate films/videos submitted in satisfaction of a course requirement.  In most such instances, unless the student is also being paid by the University to perform work, the student would own the copyright to the work, even though the physical property submitted to his/her professor in satisfaction of the course requirement would be the property of the University, unless it is the policy of the professor to return the work to the student.  Generally, the student would retain intellectual property rights to the work.  The same may not be true if the work is done by a graduate student who is paid to produce a film or video. The Board's patent policy may also be implicated in the latter instance, and would be controlling.  Ownership of intellectual property often must be assessed on a case-by-case basis because a number of factors may be determinative.”

D. April 2003 Report

Student catalogues have been checked to determine if statements are included about intellectual property related to student produced products while using digital equipment or other computer related UAB resources. The statements are based on UAB intellectual property policies and do not refer to student produced products using computer-based UAB resources. The Office of Legal Counsel must be consulted.

This question needs to be addressed to assure status of student-produced products is understood by faculty and students.

3.14 Execution and Review of Contracts for UAB

 

No substantive changes recommended.

 

NEW SECTION 3.15

 

 

 

Note: Transfer of Section 5.2 to Section 3.0.

A. Recommendation for Vote by FPPC

Subcommittee C is recommending that the Section 5.2 Information and Disclosure Policy as listed in the printed 2000 version and in the currently administratively approved version of the Faculty Handbook be moved to Section 3.0 and be added as 3.15.

 New Section 3.15 - title = Information Disclosure and Confidentiality

 

The narrative was revised to correlate with the December 20 2002 approved Information Disclosure and Confidentiality Policy and appears as revised in the currently administratively approved (online) version of the Faculty Handbook. This will be inserted as the narrative for Section 3.15 and deleted as Section 5.2.

 

 

NOTE: This change requires a change in the table of contents of the handbook.

 

 

 

Policy # in Printed

2000 UAB Faculty Handbook and Policies

Status of Policies

Part II Printed

Handbook – Policies

 

# 1Acceptance of Benefits, Awards and Prizes from External Entities

No recommended changes to the text.  Based on discussion by Subcommittee C it was recommended that a link to the Conflict of Interest Policy be added at the top of this policy in the online handbook.

 

Note: This addition of the recommended link has been completed.

 

# 5 Computer Software Copying and Use Policy and # 6

Computer Software Policy

 

 

No changes are recommended for either policy.

 

 

# 7 Conflicts of

Commitment and

# 8 Conflicts of Interest

 

The Conflicts of Commitment Policy revision was approved by the FPPC at the January 2004 meeting.

 

The revised Conflicts of Interest Policy was approved at the September 24, 2004 FPPC and forwarded to the Senate. The Senate approved the policy with no additional changes and the policy has been forwarded to James Lowery for continuation through the policy review process.

 

Consensual Romantic Relationships Policy

No recommended changes.

 

 

 

# 10 Electronic Data Processing Security Policy

 

 

No recommended changes.

 

 

# 22 Policy Concerning the Maintenance of High Ethical Standards in Research and Other Scholarly Activities

This policy is being reviewed by Dr. Marchase and will be forwarded to the Senate/FPPC through the formal UAB-wide review process at a future date.

# 24 Patent Policy

 

No changes. Board Rule 509

#29 Sexual Harassment Policy

 

No changes recommended.

 

 

 

 

 

 

Dr. Greenup indicated that Dr. Marchase is reviewing Section 3.6 of the faculty handbook. Dr. Greenup suggested that Section 3.6 be put on hold until the review is complete.

 

Section 3.9 Recommendation for Vote by FPPC-

Subcommittee C is recommended to the FPPC that when the Sexual Harassment Guide is updated, the Provost Office should inform all faculty members that the Guide has been revised and that faculty can review the Guide at an online site or in paper copy (designate where it is displayed).  The FPPC should prepare a request to the Faculty Senate that a recommendation is to be forwarded to the Provost to make this request of faculty notification when the Guide revision is completed.  FPPC approved to delete the sentence starting “Such investigations…” and replace it with “Faculty should contact the Vice President for Student Affairs for additional information.”

 

Dr. Greenup recommended forwarding Section 3.5 / 3.8 and the Conflict of Commitment Policy to the Senate.

 

Section 1, 3 and the approved policies of the faculty handbook both redline and straight version will be submitted to the Senate.

 

A motion to move Section 3 to the Senate with the exception of Section 3.6 and policy 22 as amended was approved.

 

Presentation of Information Items – Mr. Lowey distributed copies of the Status of policies under review chart. Mr. Lowery indicated that Conflicts of Interest Policy has been approved by the Senate and forwarded to the Vice President/Provost/CEO of the UAB Health System level for review.

 

Mr. Lowery indicated that the Nonsmoking Policy has been updated in the UAB handbook. The policy update was published in the UAB Reporter. 

 

Mr. Lowery indicated that only new employees will receive a printed copy of the You and UAB Handbook, but he handed out copies for the FPPC members.

 

Extension of Tenure Clock – Chair Wyss indicated that the Provost has requested that the Extension of Tenure Clock Policy be placed on hold until an updated version has been received.

 

Grade Distribution Policy – Mr. Kennedy suggested that the Grade Distribution Policy sent to FPPC by the Provost should be sent to the Senate.  After discussing the policy, a motion to not move the policy forward was approved.  Chair Wyss will forward the motion to the Senate.

 

STEPH:  SEND THIS TO TED. 

 

After Careful consideration and legal input from our member attorney, Mr. Ed Kennedy and Associate Provost Scripa, the FPPC voted on Oct. 22, 2004 to permanently table the Provost’s recommended “Grade Distribution Policy” that you forwarded to us.  The members believe that the policy is unnecessary and unclear in its present form.  They do not believe it offers any benefits to the students or faculty. 

 

Mike Wyss

FPPC 

 

New Business: Dr. Scripa distributed copies of the Undergraduate Academic Honor Code and indicated that copies are available in her office for distribution. Chair Wyss requested that copies be presented at the next APC meeting.

 

Next Meeting – November 19, 2004 – Penthouse CR1 7:30-9:30 a.m.

 

Adjourned: 9:15 a.m.