University of Alabama at Birmingham

The Faculty Senate

Minutes of Faculty Senate Meeting

January 11, 2005

Location: HUC – Meeting Rooms A&B

7:30 – 9:30 a.m.


Officers Present: Dr. Ted Benditt (Chair), Dr. Peter Anderson (Chair Elect), Dr. John A. Smith (Past Chair), Dr. Pat Greenup (Secretary)


Ex-Officio Senators Present: Dr. Eli Capilouto (Provost)


Senators Present: Dr. James Broome, Dr. Joe Burrage, Dr. Alison Chapman, Dr. Madelyn Coar, Dr. Karen Dahle, Dr. Jeffrey Engler, Dr. Joseph Fleming, Dr. Roger Gilchrist, Ms. Sara Grostick, Dr. Akhlaque Haque, Dr. Louis Justement, Dr. Sue Kim, Ms. Debra Laken, Ms. Jennifer Long, Dr. Joe March, Dr. Warren Martin, Dr. Stephen Mennemeyer, Dr. Jacqueline Moss, Dr. Beverly Mulvihill, Dr. Alan Randich, Dr. Holly Richter, Dr. Gary Sapp, Dr. Donald Urban, Ms. Martha Verchot, Dr. Joe Walker


Alternates Present: Dr. John Baddley, Dr. Chris Coffey, Dr. Zoe Dwyer, Ms. Sondra Pfeiffer, Dr. Chris Klug, Dr. Timothy Kraft, Ms. Heather Martin, Dr. Kathleen Martin, Dr. Sonya Mitchell, Dr. William Ogard, Dr. Kenneth Tilashaliski


Guests Present: None


Parliamentarian Present: Dr. Joseph Telfair



Agenda Items


  1. Call to Order


Chair Ted Benditt called the meeting to order at 7:35 a.m. A quorum was present.



  1. Recognitions of Visitors - Guests


No guests were in attendance at this meeting.



  1. Adoption of Minutes of December 14, 2004 Senate Meeting


The minutes of the December 14, 2004 Faculty Senate Meeting were approved with the addition of two editorial changes to be added by the Secretary. The corrections were made January 15, 2005.



  1. Chair Report: Chair Ted Benditt presented an update on the topics discussed at

      the January 4, 2005 Executive Committee meeting with President Carol Garrison

      and Acting Provost Eli Capilouto [President’s plans for interaction with faculty;

      job descriptions for President, deans and department chairs; score card concerns

      on faculty and department progress measures, faculty development metrics,

      teaching load, salary measures and percent of undergraduate sections taught by

      regular faculty; SRI and UAB working relationships; and UAB faculty as

      members of public organization’s board of directors.] Topics discussed at the

      January 5, 2005 Academic Programs Council meeting included SACS and models

      presented by Acting Provost Capilouto to address faculty development, faculty

      evaluation and a working group to conduct an annual quality assessment process

      of current faculty evaluation processes in each of the academic units. Chair

      Benditt summarized the current work on the development of a provisional policy

      to address distance learning and ownership of materials and that this policy needs

      to be implemented by the end of January to be prepared for SACS. The Chair

      reported that the Provost’s quarterly report concerning Termination for Cause,

      Grievance Panel and Hearing Committee’s documented that no activities have

      occurred between October and December 31, 2004.



  1. Acting Provost Presentation on SACS: Acting Provost Capilouto summarized

      the roles, responsibilities and expectations of SACS for the University in the

      ongoing accreditation process. The focus of the current process is outcomes and

      measures that support compliance with defined SACS standards. The SACS

      response to the audit reports submitted by UAB in September was received in

      November and in the interim UAB faculty and administrators have been

      responding to those areas of concern or non-compliance identified by SACS. The

      SACS site visit is scheduled for March 22-24, 2005 and the preliminary report

      addressing the noncompliance areas is due to SACS by January 30, 2005. The

      process of the on site visit has not yet been defined by SACS and when this

      information becomes available there will be activities to increase SACS

      awareness levels of students, faculty and staff before the site visit.


  1. Standing Committee Reports


    1. Curriculum & Research Senator and Chair Jeff Engler reported that the committee has been working on the drafts of the policy addressing distance learning and ownership of materials. This working is ongoing and the goal is to complete the development of a temporary policy before the end of January.  Written report follows:

                          January 10, 2005

                          Minutes: Curriculum and Research Committee, UAB Faculty Senate


                          Meeting called to order at 11:02 am


                        Members in attendance:  Chris Coffey, Alison Chapman, Jacqueline Moss, Sara

                       Grostick, Heather Martin, Joe March, Roger Gilchrist, Jeff Engler (chair), Peter



                       Jeff Engler asked whether there is a better time for the committee members to

                       meet, now that the new semester schedule had started.  He will send an email to the

                       members to ask for their teaching schedules, so that he can identify a new meeting

                       time at which more of the members can attend.


                      Jeff Engler brought the committee up-to-date on the status of faculty development

                      scorecard metrics.  At the last Academic Program Council meeting, the Provost said

                      he would be sending a new proposal in which both faculty evaluation processes and

                      faculty development issues might be addressed as a coordinated package.  We are

                      awaiting receipt of that proposal.


                      The main item of business was a discussion of the ownership of materials for

                      distance learning.  The initial SACS review of UAB for accreditation has identified

                      several areas of potential non-compliance.  One of these areas is ownership of

                      materials used for distance learning.  In part in their comments, they state

                      “…however, nothing is said regarding ownership of materials or compensation with

                      respect to use rather than creation of electronic systems, as with distance

                      learning/eLearning via compressed video, Internet courses, etc.”  As a result, there

                      was a draft document drafted by Mr. James Lowery “Copyright Rules Concerning

                      Development and Use of Distance Learning Instructional Materials”, dated Dec. 17,

                      2004; this draft was developed from language related to the UA Board of Trustees

                      Patent Policy (rule 509).  The committee reviewed this draft document and found

                      several points of disagreement with the language and proposed rule.  A

                      modification of this document written by several members of the Faculty Senate

                      Executive Committee was also reviewed.  Members of the committee were

                      generally in better agreement with the sentiments expressed in this second

                      document.  The committee recognizes that some (albeit temporary) policy needs to

                      be put in place prior to the SACS site visit, but the currently circulating draft rules

                       may not be suitable or provide sufficient protection for the rights of either faculty

                       or the institution. 


                      This issue could have a substantial effect on academic freedom and the committee

                       believes that these issues should receive substantial discussion prior to drafting

                       any more permanent policy or rule.  There are a number of institutions (for

                       example, IUPUI, University of Texas) that have established policies for such

                       ownership of teaching materials and the committee believes that these rules should

                       be reviewed for their potential applicability to the situation at UAB.  The members

                      of the Curriculum and Research Committee would like to continue to debate these

                       rules, in order to prepare a more equitable policy that protects both faculty and

                       institutional rights. The meeting was adjourned at 12:04 pm.


    1. Governance & Operations Senator and Chair Beverly Mulvihill

       updated the Senators on the elections process and that the committee is

       continuing development of a recommendation for implementation of a

       Senate Liaison process.


    1. Faculty Policies and Procedures Committee – Senate Past-Chair John Smith reviewed the proposed “Extension of Tenure Clock” policy and identified potential conflict with Section 7.5.1 Personal Leave in the currently approved Faculty Handbook. Past Chair Smith requested the Senators to review the proposed draft and the current documents and submit suggestions to Past-Chair Smith so that discussion and a vote can proceed at the February Senate meeting.


    1. Finance Committee –Senator and Chair Warren Martin indicated no report.
    2. Faculty Affairs Committee – Senator and Chair Gary Sapp indicated that a meeting is scheduled in three weeks.



  1. New Business


                 No university-wide committee Senate representatives had reports to share

                 with the Senate.



  1. Open Forum


                 No topics were presented.


  1. Announcements


a.       Secretary Pat Greenup reported that the I.D.E.A. reports for President Garrison and Acting Provost Capilouto will be distributed to faculty on January 18, 2005.

b.      Nominations for Chair-elect and Secretary are due to Senate office by January 30, 2005.

c.       The next Senate meeting is February 8, 2005 in HUC A&B.

d.      The Board of Trustees meeting will be held on the UAB campus on February 3-4, 2005. Chair Ted Benditt of the Senate and the President of Student Government will present reports following President Carol Garrison’s report to the Board.

e.      Acting Provost Capilouto announced that an Outstanding Woman’s Award will be named in honor of Susan Marchase.

f.        Acting Provost Capilouto encouraged faculty to support the student sponsored benefit (January 12, 2005) for tsunami disaster victims.






  1. Review of Action Items from January 11, 2005 Senate Meeting


a.      Ad Hoc Group and Curriculum & Research Committee will continue working on the Distance Learning Ownership Policy. Chair Benditt and Chair of C&R Engler will report to the Senate on the disposition of this provisional policy. A policy must be in place by January 30, 2005 for SACS.



b.      The Provost Quarterly Report on Grievance Activity will be posted on the Senate Web page under University-wide committee reports.



c.       The SACS report developed by UAB is posted at




Senators are encouraged to become familiar with the information and process in preparation for the March 22-24-, 2005 site visit by SACS.


d.      Senate will continue to seek information about the SACS process and the types of questions that may be presented to faculty, staff and/or students. This is to address the need to increase the awareness level of faculty, staff and students about the process and visit in March.


e.      Dr. Marilyn Kurata, Chair of the UAB QEP proposal is scheduled to present the plan to the Senate at the February meeting.


f.        Governance and Operations will continue development of the Senate Liaison proposal for presentation to the Senate.


g.      Past-Chair John Smith will receive suggestions from Senators for resolution of the ambiguity and conflict between the proposed tenure clock stoppage policy and Section 7.5.1 in the UAB Faculty Handbook and Policies. The Senators should prepare/submit amendments so to be able to vote on this tenure clock stoppage policy at the February meeting.


h.      Chair Benditt will request Acting Provost Capilouto to forward additional information explaining the proposals for addressing faculty development, faculty evaluations and the proposed annual quality assessment process of faculty evaluations and the composition of the review committee.


  1. Review of Action Items from December 14, 2004 Senate Meeting



a.      Chair Benditt and Secretary Greenup prepared the “Senate Approved (December 14, 2004) Versions of Section 2.0 and Appendices A, B and C.” This process was completed by January 10, 2005. The paper and electronic versions were hand delivered to President Garrison and Acting Provost Capilouto on January 11, 2005.

b.      Chair Benditt prepared a cover letter for the QEP Resolution of Support passed at the December Senate meeting. This was completed with delivery to the Acting Provost on December 16, 2004.

c.       The topics of academic calendar and scorecard metrics continue to be under review and discussion by the Executive Committee. This will be continued with reports to the Senate on progress.

d.      The Senate elections information was posted on the Senate web page by December 16, 2004. An article was prepared by Secretary Greenup/Chair of Elections Committee for the UAB Reporter. This article soliciting nominations appeared in the January 10, 2005 issue. Additionally, the elections information distributed to the Senate was sent as electronic files and requesting that Senators follow up with submission of nominations.

e.      Secretary Greenup and Chair Benditt prepared the “third alert message” (sent out on January 13, 2005) and the cover letter to be distributed to faculty along with the summary tables’ reports for President Garrison and Acting Provost Capilouto. These reports will be distributed to faculty by January 21, 2005.

f.        Chair Benditt prepared a cover letter to President Garrison submitting the IDEA summary tables and comments for Acting Provost Capilouto. This packet will be hand delivered as confidential information by January 18, 2005.

g.      Chair Benditt has prepared a cover letter to Chancellor Portero submitting the IDEA summary tables and comments for President Garrison. This packet will be delivered by January 21, 2005 with requested return receipt by UPS.

h.      Mr. Margison’s slide presentation at the December meeting has been posted on the Senate web page presentations drop-down.




  1. Written Materials Distributed to Senators at Meeting – 1-11-05


a.      Agenda for Senate meeting – 1-11-05

b.      DRAFT Expanded Minutes for December Senate meeting.

c.       Extension of Tenure Clock memo and proposed policy.


  1. Adjournment


The meeting was adjourned at 8:51 a.m.




Secretary Greenup prepared this expanded DRAFT of the minutes on January 15, 2005. After approval at the February Senate meeting these minutes will appear on the Senate web page.