2006-2007 Faculty Senate
Absent: Bernstein, Huq
I. The meeting was called to order at 2:45 p.m.
II. The August 16, 2006, minutes were approved as submitted.
III. Officers' Reports
A. President's Report: Senator Shaw reported
1. The Executive Committee and Administration met August 24, 2006. Chancellor Belck was called to Lincoln for a meeting, so Vice-Chancellor Christensen stood in for her. My agenda was short: we presented our resolutions which had accumulated over the summer, which consisted of appointing faculty to various committees. Vice-Chancellor Christensen informed us that he plans to hold a forum on campus civility in September. He intends to invite several staff from Academic Affairs, the Ombudspersons, and faculty and staff representatives to participate in the forum. Vice-Chancellor Christensen also asked that the Faculty Senate continue to demonstrate its interest in and commitment to faculty diversity. He has pulled together statistics on diversity hires and persistence at UNO since 1995, and he agreed to provide them to the Committee on Faculty Personnel and Welfare. He noted that percentage of faculty from under represented demographics grew from 10%-15% during the years from 1995-2000 to about 20% during the years from 2001-2006. The allocation of diversity funding and the success of diversity hires have been a cause for concern for several years. Vice-Chancellor Christensen told us that University of Nebraska central administration will likely take a new look at how faculty diversity funding has been deployed. These funds have been very significant for UNO, so the Faculty Senate's support for continued diversity funding remains important.
2. The Chancellor's Council met August 31, 2006. Wade Robinson (Associate Vice-Chancellor, Student Affairs) reported that overall enrollment for Fall 2006 as of Monday, August 28, fell 1.3% from Fall 2005. This equates to 187 fewer students, but credit hours actually increased slightly by .1%. He noted that the enrollment decline appears to be centered among part-time students, and that UNO continues to face stiff competition in the Omaha metro area. UNO continues to negotiate with Century over new student housing on the Dodge Street campus. The current plan calls for 384 beds in buildings designed with interior entrances to the suites. It also envisions a parking garage. Dr. Robinson thinks that monthly rents will be set between $450-$500 per month, which remains attractive in the Omaha market but edges toward the expensive. Dr. Robinson also demonstrated BEaMAV.com, UNO's new website for recruiting students. The site includes videos and photographs provided by current UNO students. It is well worth a look, and I think it presents an upbeat, enthusiastic view of UNO. The website resides at http://www.unomaha.edu/beamav/. Mary Laura Farnam (Director, Sponsored Programs) reviewed information from the latest annual report of the Office of Sponsored Programs and Research. The number of proposals for external funding submitted by UNO faculty increased substantially over the past 5 years, but the dollar value of external awards can be best characterized by peaks and valleys. Ms. Farnam suggested that we may be at a plateau of about $12 million a year, so she intends further work on finding ways to convert more proposals to awards. Dean B.J. Reed (CPACS) and Vice-Chancellor John Christensen (Academic and Student Affairs) reviewed the work their task forces have done on matters concerning the Athletics Department. This information will be incorporated into a report which the "Karnes Commission" will make to the Board of Regents on Friday, September 8. The Board of Regents will also review a report concerning the financial situation in the Athletics Department. Bill Swanson (Career Exploration and Outreach) reported that he is working with a number of groups to organize a campaign to oppose the constitutional amendment which would enact a spending lid for state government: http://www.sos.state.ne.us/; click the link to Information for 2006 Initiatives and then look for the Americans for Limited Government Amendment. Vice-Chancellor Christensen announced the formation of a UNO General Education Task Force to review the current program, which became effective in Fall 1990. The following departments are slated for Academic Program Reviews in 2006-2007: Biology, Biotechnology, History, Information Technology, International Studies, Political Science, Sociology, Philosophy & Religion, Black Studies. Computer Science and Social Work would normally be up for review, but they both just successfully completed accreditation reviews.
3. Board of Regents Meeting met September 8, 2006.
UNO Athletics: Regent Randy Ferlic provided a preliminary report concerning the internal audit of the UNO Athletics. The initial findings indicate that no state funds were misused, but that transfers of donated funds between the Alumni Association and the Athletics Department were mishandled, so that funds were not spent for their intended purposes. Regent Ferlic said that accounting and procedural controls were inadequate and that the final audit report would stipulate changes required to correct them. He also commented on reimbursements for meals and other items, stating that some were clearly inappropriate and extravagant. Regent Ferlic directed some of the blame to a lack of clarity of the Regents' own guidelines, and he noted that the Audit Committee will recommend changes there. However, the greatest source of the problem with reimbursements rested with Vice-Chancellor Buck's extremely bad judgment and a lack of oversight which led to no questions being raised about the reimbursements. The final report of the audit will be available on November 3, and to this point there is no evidence that state funds were misused. Senator David Karnes outlined the recommendations his commission will make concerning the future of UNO Athletics. The commission's final report will recommend that the Athletic Department's financial operations be more closely linked to UNO's administration so that oversight can be improved.
The recent budget deficits in Athletics can largely be traced to the hockey team's move to Qwest Center from the Civic Auditorium. The incentive to purchase season tickets largely disappeared, and season ticket holders dropped from 7,800 to 1,700. This, coupled with an anemic marketing campaign for hockey, led to a very significant drop in revenue. The use of reserve and operating funds to cover the deficits only delayed the reckoning, and budget problems became more structural than tied to a particular (and perhaps manageable) circumstance.Senator's Karnes stressed the need to move forward and plan for a strong, sustainable UNO athletics program. He noted that in comparison to most other NCAA Division II programs, UNO spends less university money on athletics, even after accounting for the infusions from reserve and operating funds. He noted that UNO will likely need to invest more money, because revenue shortfalls will not be corrected immediately or easily. He suggested that UNO should commit $250,000 annually for five years to boost marketing and ticket sales for hockey. He concluded his presentation by stating that the commission's final report will recommend that UNO remain in NCAA Division II and pursue admission into the Mid-America Collegiate Athletics Association (MIAA). He does not expect the North Central Association to remain viable after too many colleges have departed. He also urged that UNO pursue plans to build its own hockey arena on the Chili Greens property south of Center Street, and that this could be done in partnership with the City of Omaha to make it a community facility.
Other matters before the Board: Dr. Linda Pratt, Interim Executive Vice-President and Provost, addressed the Board concerning "NU Statistics for Women and Minority Faculty." She noted that the university made progress in hiring and retaining these faculty over the past ten years, and that the University of Nebraska overall compares favorably with its peers. Dr. Pratt provided a preliminary report on headcount enrollment for Fall 2006. UNO's overall headcount enrollment declined from 14,093 in Fall 2005 to 13,906 in Fall 2006, or a decline of 1.3%. Dr. Willim J. Lewis of the UNL Department of Mathematics addressed the Board to describe the success of "Math in the Middle," an outreach program devised to provide more training in teaching mathematics to middle school teachers (grades 5-8). The program also includes classes and practicum experience for UNL students preparing to enter elementary and middle school education. Then the Board of Regents gave Dr. Rebecca Pasco of UNO a Kudos Award for her efforts to reinvigorate and garner large enrollment increases to the library science program in the College of Education.
B. Secretary-Treasurer's Report: Senator Tarry submitted the August 2006 Budget Report.
IV. Executive Committee Report: On behalf of the Executive Committee Senator Randall moved the following resolution, which passed:
Resolution 2839, 9/12/06: Fall 2006 Temporary Replacement for Three Senators:
WHEREAS Senator Tilton-Weaver (2005-2007) will be taking a one semester sabbatical and has asked to be excused from serving on the Senate for the Fall 2006 semester,
WHEREAS John Maloney is the College of Arts & Sciences faculty member next runner up in the last election and has indicated his willingness to serve as Senator Tilton-Weaver's temporary replacement,
WHEREAS Senator Shuanglin Lin (2006-2009) will also be taking a one semester sabbatical and has also asked to be excused from serving on the Senate for the Fall 2006 semester,
WHEREAS John Windler is the College of Business faculty member next runner up in the last election and has indicated his willingness to serve as Senator Lin's temporary replacement,
WHEREAS Senator Reames (2006-2009) has a class scheduling conflict and has asked to be excused from serving on the Senate for the Fall 2006 semester,
WHEREAS Juliette Parnell is the College of Arts & Sciences faculty member next runner up in the last election and has indicated her willingness to serve as Senator Reames' temporary replacement,
THEREFORE the Faculty Senate welcomes John Maloney, John Windler, and Juliette Parnell as temporary replacements for Fall 2006.
V. Standing Committee Reports
A. Committee on Academic and Curricular Affairs: Senator Tarry reported the meeting was held August 30, 2006. Present were Carolyn Gascoigne, Suzanne Sollars, Nancy Edick, Scott Tarry (Chair). Absent were Owen Mordaunt, Juliette Parnell. Jeanne Reames was a guest. Committee Structure: Juliette Parnell will replace Jeanne Reames on the committee for the Fall Semester. Carolyn Gascoigne agreed to serve as Vice Chair for the Fall Semester. Global Information Operations Certificate Program: The committee reviewed documentation related to the certificate program and was mostly favorable in its reaction to the proposal, but noted a few questions it would like answered before sending a resolution to the full Senate. There is some concern about faculty participation, compensation, and monitoring of the program. Scott Tarry will explore these issues with Graduate Studies. Prioritizing Committee's Agenda: The committee decided to make its first priority, after the review of the GIO certificate program, an examination of the allocation of state-funded graduate assistants around the campus. Scott Tarry will collect information from the relevant sources and report back to the committee at its next meeting. Dual enrollment remains on the committee's agenda.
B. Committee on Educational Resources and Services: Senator Wolcott reported the committee met Wednesday, August 30, 2006. Those present were John Thorpe, Lisa Boucher, Peter Wolcott, ex-officio Lanyce Keel. The only item on the agenda was the student course evaluation issue, pursued with considerable energy by last year's committee, chaired by Marsha Watson. The committee considered a number of options for proceeding with the issue, including dropping it. The consensus of those present was that a Faculty Senate resolution calling for the creation of a campus-wide committee to take the next steps should be drafted.
C. Committee on Faculty Personnel and Welfare: Senator Skreija reported the committee met in August 30, 2006. Present: Stuart Bernstein, Samuel Brown, Barbara Hewins-Maroney, Elaine Lahue, John Maloney, and Andris Skreija (Chair).
The topics of discussion were the questionnaire and focus groups intended to elicit the feelings UNO faculty have regarding their employment conditions and any light these might shed on the issues of faculty recruitment and retention. In particular addressing the issues of female and minority faculty. The Committee gave a vote of thanks to Senators Barbara Hewins-Maroney and Lauree Tilton-Weaver for their work in developing a draft of the questionnaire to be distributed to the UNO faculty. Furthermore the Committee voted to thank Senator Hewins-Maroney for her work in securing funds for the focus groups and the recruitment of potential facilitators. The committee discussed the draft questionnaire and modifications to be included in the final document were proposed. There was also discussion regarding the actual implementation of the survey. Senator Brown volunteered to ascertain whether or not an IRB review was needed for the questionnaire, and whether the survey should be conducted with paper questionnaires to be distributed to the faculty or using an electronic medium, specifically the "Zoomerang."
D. Committee on Goals and Directions: Senator Reilly reported the committee met on Wednesday, August 30th. Those present were Jayaram Betanabhatla, Ziaul Huq, Robert Smith, Suandra Wetig and Hugh Reilly (chair). Our primary tasks this year are to look at UNO's image in the community and look at student retention, especially among minority students. We will research the outreach programs/activities done by each college.
E. Committee on Professional Development: Senator Bullock reported the committee met on August 30, 2006. Those present were Senators Bullock, Roland, Corcoran, Mei, Winter, and Noble. We continued the discussion of the previous two years regarding the advisability of recommending a common mentoring policy across departments and colleges. We examined a copy of a document provided to us by Senator Robert Smith, who had previously served on the Faculty Development Committee. Although the committee had dealt with the question of a uniform mentoring policy extensively over the past two years, the members felt that Senator Smith's document was worthy of consideration since the majority of the current members had not seen the document in its current iteration. Following deliberation, the members of the committee unanimously agreed that too many reservations about the practical applications of a common mentoring policy existed to recommend action and reaffirmed the previous year's decision by the Faculty Development Committee. The committee also prioritized our goals for the current year and outlined a plan of action for our first goal: assessing the FACONNECT website. We discussed briefly the general structure and content of FACONNECT and assigned each member the task of perusing the site and devising strategies to improve faculty awareness of the site's content.
F. Committee on Rules: Senator Barnes reported the committee met on August 30, 2006. In attendance were: Maria Arbelaez, Paul Barnes, Parvathi Chundi, Holly K Miller, and John Windler. Amanda Randall could not attend. On behalf of the Committee, Senator Barns moved the following resolutions, all passed:
Resolution 2828, 5/10/06: Campus Committees (completed 9/13/06 by adding Donna Dufner)
b. Chancellor's Commission on Multicultural Affairs
BE IT RESOLVED, that the following names go forward as two-year appointments from 08/01/06, through 07/31/08, to the Chancellor's Commission on Multicultural Affairs:
- Doug Paterson, CFAM (reappointed)
- Josie Metal-Corbin, ED (to replace Karen Hayes)
- Donna Dufner, IS&T(to replace Raj Dasgupta).
And that the following name go forward as a one-year appointment from 08/01/06, through 07/31/07, as a faculty representative from the Graduate College to the Chancellor's Commission on Multicultural Affairs:
- Karen Hayes, (to replace Maria Elvira Villamil).
Resolution 2838, 5/10/2006: Appointments by Senate President and Standing Committees (revised and completed 9/13/06)
d. Alumni Association, Board of Directors: (revised 9/13/06)
BE IT RESOLVED, that the senate president appoints the following UNO alum as the senate representative for one year, 05/10/06, through 05/09/07, to the Alumni Association, Board of Directors:
David Carter (to replace Paul Barnes, who replaced Amanda Randall).
f. Graduate Council (completed 9/13/06)
BE IT RESOLVED, that the senate president appoints the following member of the Graduate Council to be the liaison between the 2006-2007 Faculty Senate and the Graduate Council for a one-year term from 05/10/06, through 05/09/07:
Paul Williams (to replace Doug Paterson).
Resolution 2840, 9/13/06: University-Wide Fringe Benefits Committee
BE IT RESOLVED, that the following faculty member replace Kim Sosin, who has retired from the University, as the UNO faculty representative on the University-Wide Fringe Benefits Committee:
Resolution 2841, 91/13/2006: Regarding University Committee on Research (UCR) Replacements
BE IT RESOLVED, that the following names go forward to temporarily replace for one year Patrice Proulx (A&S, Humanities) through July 31, 2007, and complete Henry Bulley’s (A&S, Sciences) term through July 31, 2009, on the University Committee on Research:
- Sue Maher, A&S (Humanities: English) (to replace Patrice Proulx),
- Scott Snyder, A&S, (Science: Biology) (to replace Henry Bulley).
Resolution 2842, 9/13/2006: UNO Academic Freedom and Tenure Committee (for UNO Faculty Ballot Vote):
BE IT RESOLVED, that in accordance with section 6.1 of the Faculty Senate Bylaws the following nominees for the Academic Freedom and Tenure Committee are brought forward by the Rules Committee for senate nomination. The ballot will be presented to the UNO faculty. One tenured faculty member will be elected from the following two nominees to serve three-year terms from October 16, 2006, through October 15, 2009, to replace retiring member, Michael O'Hara:
- Michael O'Hara (tenured faculty)
- James Carroll (tenured faculty).
And one non-tenured faculty member will be elected from the following two nominees to replace Peter Szto, from October 16, 2006, through October 15, 2009:
- Nancy Kelly-Gillespie (non-tenured faculty)
- Tatyana Livshultz (non-tenured faculty).
Resolution 2843, 9/13/2006: UNO Faculty Grievance Committee (for Senate vote)
BE IT RESOLVED, that in accordance with the Faculty Senate of the University of Nebraska at Omaha Bylaws, section 6.1, Faculty Grievance Committee, the following faculty members are brought forward by the Rules Committee for ballot election by the senate.
One full professor will be elected from the following two nominees to replace Karl Kosloski, for a three-year term from September 16, 2006, through September 15, 2009:
- Henry D' Souza, (Full Professor) ELECTED
- Elliott Ostler, (Full Professor)
One assistant professor will be elected from the following two nominees to replace Mary Ann Powell, for a three-year term from September 16, 2006, through September 15, 2009:
- Steve Bullock, (Asst. Professor) ELECTED
- Deb Anderson, (Asst. Professor)
One member of the Faculty Senate Faculty Personnel and Welfare committee will be elected from the following two nominees to replace Lauree Tilton Weaver as the Faculty Personnel and Welfare Committee representative for a one-year term from September 16, 2005, through September 15, 2006:
- Stu Bernstein, (Committee on Faculty Personnel & Welfare) ELECTED
- Sam Brown, (Committee on Faculty Personnel & Welfare).
Resolution 2844, 9/13/2006: UNO Professional Conduct Committee (for Senate vote)
BE IT RESOLVED, that in accordance with Section 1.1 of the University of Nebraska at Omaha Professional Conduct Committee's Rules and Procedures, the following four nominees (all tenured faculty ranked assistant professor or above) are brought forward by the Committee on Rules for ballot election by the full senate as follows:
- Juliette Parnell ELECTED
- Jeanette Seaberry
- Bob Woody
- Jack Heidel ELECTED
Two representative must be elected by ballot vote to serve three-year terms from October 16, 2006, through October 15, 2009, to replace outgoing members Donna Dufner and Richard Stacy. These newly elected representatives will also serve as alternate for three- years from October 16, 2009, through October 15, 2012.
Donna Dufner and Richard Stacy will continue serving as an alternate (replacing Thomas Lorsbach and Richard Sindt) for three-years from October 16, 2006, through October 15, 2009, per Resolution R2694.
VI Non-Senate Committee Reports
A. Academic Freedom Coalition of Nebraska (AFCON): Senator Paterson reported the meeting was held September 9, 2006, in Lincoln. AFCON remains at 19 organizational members, but individual membership is now at 55. An organization called The Civics Nebraska Partnership Advisory Council has been working recently, as an advisory body to the Nebraska State Board of Education, to draft Organizational Policies. The focus of the Council is to assure that Nebraska schools include civic education as a core of the school curriculum. These Policies are now in draft form and include: Guiding Principles, Purpose, Statutory Authority, Membership, and other important structural / mission components. The Board of AFCON discussed the draft extensively, with special focus on what can be done to have AFCON represented on the board. The discussion resulted in a draft suggestion to submit to the Council that mandates including constitutional documents (US and Nebraska) in the civics education. The Board nominated and approved two nominations for our annual Academic Freedom award - Susan Baird and Matt Diebler, both of Omaha. The date for the Annual Meeting was set at Saturday, December 2, 2007. Doug Paterson is AFCON President-Elect. Discussion of panelists included the two nominees for the Academic Freedom Award, as well as Joe Rowson and Joe Higgins. The support committee for the Annual Meeting includes Dwayne Ball, Bob Haller, and Peggy Adair. The nominating committee was also established. In membership reports, Doug Paterson said the matter of Pam Owens did finally go before the UNO Academic Freedom and Tenure Committee. A decision remains pending.
B. American Association of University Professors (AAUP): Senator Lahue reported the AAUP council met on 9/8/06. The AAUP will sponsor a "Know your rights" luncheon for all 1st and 2nd year faculty on October 4, 2006. There will also be a wine and cheese reception on October 26 from 3:30 - 5 for AAUP members and potential members. AAUP has also endorsed the group "Nebraskan's for the good life" and donated $3000 toward their lobbying campaign to defeat the "stop the overspending" initiative which ties spending increases to the consumer price index and population of the state. They stated several groups on campus were also in support of lobbying for the defeat of this amendment and wondered whether the faculty senate might be interested in contributing time and/or money as well. There are plans to lobby at home football games prior to the election, and would appreciate volunteers to hand out leaflets. Contract negotiations for the 07-09 contract have been initiated. Concerns about the requirement for all faculty to use Mymapp were also raised.
VII. Old Business: On behalf of the Executive Committee Senator Randall moved the following two resolutions, which passed:
Resolution 2845, 9/13/2006: Revision to UNO Faculty Senate Bylaws
BE IT RESOLVED that the "Faculty Senate of the University of Nebraska at Omaha Bylaws" be changed by adding the following underlined wording to Article VI, Section 6.1 Committee on Faculty Grievances:
6.1 Committee on Faculty Grievances.
The entire senate shall elect a seven-member Committee on Faculty Grievances to fulfill the grievance functions of the senate, and this committee shall have the powers and duties outlined in Section 4.13 of the Bylaws of the Board of Regents. This committee shall consist of two full professors, two associate professors, two assistant professors and one additional faculty member who shall be elected annually without regard to academic rank from the membership of the Committee on Faculty Personnel and Welfare. The term of service will be three years, and each year, at the September meeting of the Faculty Senate, new members will be elected from a slate of nominees which shall include one more candidate than the number of vacant seats created by reason of the expiration of the term of a member, resignation, or retirement. Members of the committee shall serve staggered terms, meaning that the term(s) of one class of members will expire each year. The committee member elected from the Faculty Senate Committee on Faculty Personnel and Welfare shall serve a maximum three year term or the remainder of his/her term on the Faculty Senate. Committee members shall be elected from faculty members eligible for election to the Faculty Senate. Within five days after the September meeting at which the new members are elected to the Grievance Committee, the Secretary/Treasurer of the Faculty Senate will call a meeting of the Grievance Committee for the express purpose of electing a grievance committee chair. The committee shall elect its own chairperson from among its tenured members. A committee with a case under consideration shall, when necessary, continue past September with its membership unchanged until the case is resolved; in such an event, new cases shall be considered by the reconstituted committee.
Resolution 2846, 9/13/06: Revision to UNO Faculty Grievance Comm. Policies & Procedures
BE IT RESOLVED that the following changes of the UNO Policies and Procedures of the Faculty Grievance Committee be changed as follows:
- Underlined = March 2006 addition
- Crossed out = March 2006 deletion
- .Italic & Underlined = May 23, 2006 addition
UNO Policies and Rules of Procedure for
UNO Faculty Grievance Committee
January, 1994 March, 2006 & V.D.=May 23, 2006)
A. Grievance. Either(1) a circumstance thought to be unjust or injurious and a ground for complaint, or (2) a statement of complaint against a real or imagined injustice or injury.
B. Grievant. Person who claims a circumstance of grievance exists and files a statement of the grievance with the Committee.
C. Committee. The Faculty Grievance Committee.
D. Respondent. The person, or institutional agency which took the action or made the decision constituting the alleged grievance.
E. Chair. The chair of the Committee or designated representative of the chair.
F. Notice. To give notice or to notify means in writing.
G. Receipt of Statements. Statements are officially received by the Committee when logged in the office of the Faculty Senate of the University of Nebraska at Omaha.
H. Days. Refers to working weekdays, excluding weekends and days when classes are not in session.
I. Bylaws. Means Bylaws of the Board of Regents of the University of Nebraska.
J. Regular Academic Year. Contracted term of service for academic year faculty as defined and modified by sections 3.3.1 (b) and 3.4.2 of the Bylaws of the Board of Regents of the University of Nebraska.
K. Shall. Means must.
II. Sources of Powers. The Committee derives its powers from the action of the Board of Regents of the University of Nebraska in approving the constitution of the Faculty Senate of the University of Nebraska at Omaha and from the action taken by the faculty senate to carry into effect section 4.13.1 of the Bylaws of the Board of Regents of the University of Nebraska subject to the specification of "powers of Faculty Grievance Committee of the Faculty Senate of the University of Nebraska at Omaha" in section 4.13.2 of those same bylaws.
III. Scope of Authority. The Committee shall consider all grievances filed by any faculty member alleging any grievance except those in which the grievant alleges a violation of academic freedom or academic tenure as defined in the bylaws. Any alleged grievance shall pertain to acts or omissions that occurred pursuant to a grievant's position as a faculty member. Grievances must be filed no later than six months after the act or omission occurred or, if the grievant discovered the act or omission subsequently, no later than six months after the grievant knew of or reasonably should have known of the act or omission.
IV. Manner of Filing a Grievance. A member of the faculty desiring to file a grievance shall:
A. Submit to the Faculty Senate office on the appropriate form a written statement setting forth the nature of the grievance with sufficient specificity and clarity that a respondent can reply under Rules of Procedure 1.7: indicate on the form his/her department, rank, and type of appointment upon the date of filing; and indicate the date the grievant discovered the act or omission and, if applicable, the reason for the passage of time between the act or omission and the grievant's knowledge of it.
B. Indicate in writing that the services of at least one of the following have been sought and used without resolution of the grievance.
1. An ombudsperson.
The Conciliation Committee of the Faculty Senate of the University of Nebraska at Omaha.Any other interdepartmental or university-wide mechanism or committee designed to resolve disputes of faculty members (including AAUP mediation).
C. Indicate in writing whether or not the grievance has been presented to any other grievance committee, and the results therefrom.
Informal Procedures. Grievance Committee Procedures. Upon receipt of a a grievance filed by a faculty member, the chair of the Committee shall:
A. Upon receipt of a faculty member's grievance, the Secretary/Treasurer of the faculty senate will ask the grievance committee chair to call a meeting of the grievance committee within 10 working days of the receipt of the grievance by the Faculty Senate Secretary/Treasurer in order to gather input from the committee members on how to proceed with the grievance. Prior to the grievance committee's first meeting, the chair will make a reasonable effort, by telephone and in person, during normal working hours, to determine whether the facts presented by the person filing the grievance relative to sections 4, A, and B, where appropriate, are correct. The chair will also distribute any written materials on the grievance to committee members prior to the meeting time. At the grievance committee's first meeting, the committee will decide whether to refer the grievance to another
grievancecommittee or to hear the grievance. If the grievance committee decides to refer the grievance to another grievancecommittee, this shall conclude its action on the case. The chair will send the grievant a written receipt indicating the date the grievance was received by the grievance committee (Receipt of Grievance, RG). If the committee decides to hear the grievance, and if any grievance committee member has a conflict of interest in relation to the grievance, the committee chair will request that the chair of the Committee on Personal and Welfare of the Faculty Senate of the University of Nebraska at Omaha appoint an ad hoc member to the Committee as a substitute for any member who may have a conflict of interest in relation to the grievance. A conflict of interest shall be considered to exist if any member is a party to the grievance or is a departmental colleague of a party to the grievance. Such ad hoc members shall sit with the Committee only in relation to the grievance at hand.
B. Within 10 days of deciding that the grievance will proceed, the chair will give the respondent formal written notice of the grievance (10 days RG). Such notice shall include a copy of the statement of grievance required under section 4, A. The claims of the grievance considered shall only be those specified in writing on the Committee's form.
C. The respondent shall submit to the committee a written reply to the grievance within 20 days of receiving formal notice of the grievance (30 days RG). The reply shall include an explicit statement to the effect that the Committee has been provided with all the information used by the respondent. Within two days of receiving the respondent's statement, the chair shall send a copy of this statement to the grievant. The grievant may submit an addendum to his or her original statement. Such addendum must be limited to a reply to the contents of the respondent's statement. A copy of an addendum to the grievant's statement shall be sent by the chair to the respondent within two days of receipt of said addendum.
D. The Committee shall have 30 additional days to gather and share documents and information from the grievant, respondent, and other relevant parties (60 days RG). The chair of the committee shall ensure that all documentation gathered by the committee shall be shared with the grievant and respondent.
E. The Committee may decide to hold hearings after completing the procedures specified in D. All hearings should be completed within 30 days (90 days RG) excluding summers. The hearing shall be recorded on tape. Failure to provide information, except for that which is enjoined by law; such as private personnel files, that the committee deems necessary to reach a conclusion will be construed as a concession of the case to the other party.
F. Action by the Committee on a grievance shall be terminated in the event of the grievant's death or resignation from the University or when the grievance is terminated by the written consent of both the grievant and the respondent.
G. Within 10 days of the meeting or the final hearing (100 days RG), the Committee, following section 4.13.2 of the Bylaws of the Board of Regents of the University of Nebraska, shall decide whether or not to order the matter reconsidered by the appropriate person, group or groups, or to recommend that other rectifying action be taken.
H. The Committee shall also within the same 10 days present to the chancellor and to the parties a written report which shall include its findings on the merits of the grievance, its ordering of reconsideration, if any, or its recommendation, if any, for other rectifying action. The report to the Chancellor shall be accompanied by a copy of the statement of grievance required by section 4, A, a copy of the notice to the respondent, a copy of the reply required by section 7, B, a copy of any addendum from the grievant, and a copy of appropriate portions of the hearing, if such was held under section 7, D.
I. In cases where the Committee's decision does not express consensus, a minority report may be submitted to the chancellor along with the report of the majority.
J. Within 20 days after receipt of the Committee's report (120 days RG); the Chancellor shall send to the Committee and at the same time to the parties, a written statement of his/her decision on the grievance. However, the Chancellor may extend his/her deadline for a decision in cases where the Committee has ordered reconsideration and additional time is required to adequately accomplish reconsideration. In such cases, the Chancellor shall provide a schedule of time limits to be observed during the process of reconsideration.
K. The president of the faculty senate shall be informed of all actions taken by the committee including all advice and recommendations given to the chancellor or other university administrators by the committee. (Resolution 2363, 03/10/99)
(January 1994) Procedures that were added to/deleted/re-written:
Informal Procedures. Upon receipt of a grievance filed by a faculty member, the chair of the Committee shall:
A. Give to the grievant a written receipt that indicates the date the grievance was received.
B. Call a meeting of the Committee, such meeting to be within ten days of the date the grievance was received, if the grievance is received during the regular academic year. At other times, these procedures and those in subsequent sections of this statement shall be carried out as expeditiously as possible.
C. Make a reasonable effort, by telephone and in person, during normal working hours, to determine whether the facts presented by the person filing the grievance relative to sections 4, A, and B, where appropriate, are correct.
D. Make a reasonable effort to settle the grievance informally and/or clarify the claims of the grievance prior to the meeting of the Committee.
E. Request the chair of the Committee on Personal and Welfare of the Faculty Senate of the University of Nebraska at Omaha to appoint an ad hoc member to the Committee as substitute for any member who may have a conflict of interest in relation to the grievance. A conflict of interest shall be considered to exist if any member is a party to the grievance or is a departmental colleague of a party to the grievance. Such ad hoc members shall sit with the Committee only in relation to the grievance at hand.
VI Initiative of a Formal Grievance. The Committee, upon meeting at the call of the chair to hear a specific grievance by a member of the faculty in accordance with section 5, B, shall:
A. If informed by the chair, that the grievance has been settled by informal methods pursuant to section 5, D, receive from the grievant a written statement that the grievance has been settled to his or her satisfaction.
B. If informed by the chair, that the grievance has been referred to another grievance committee, conclude its action on the case.
C. If informed by the chair, that the grievance has not been settled, receive a report of his/her efforts pursuant to sections 5, C and D.
D. If satisfied that the chair, has made a reasonable effort to settle the grievance by informal methods, as directed by section 5, D, accept the grievance formally as filed or revised by the grievant and proceed according to the rules in section 7.
VII Rules of Procedure
A After accepting a grievance, the Committee, shall give the respondent written notice of the grievance within five days of accepting the grievance. Such notice shall include a copy of the statement of grievance required under section 4, A. The claims of the grievance considered shall only be those specified in writing on the Committee's form.
B. Within ten days of receiving notification by the Committee of a grievance having come before it, the respondent shall submit to the Committee a written reply to the grievance. The reply shall include an explicit statement to the effect that the Committee has been provided with all the information used by the respondent
C. Within two days of receiving the respondent's statement, the chair shall send a copy of this statement to the grievant. The grievant may submit an addendum to his or her original statement. Such addendum must be limited to a reply to the contents of the respondent's statement. A copy of an addendum to the grievant's statement shall be sent by the chair tothe respondent within two days of receipt of said addendum.
D. The Committee shall meet within ten days of receiving the respondent's statement called for by section 7, B, to act upon the grievance. The Committee may decide at this meeting to hold a hearing which shall be scheduled within five days of the meeting, or as soon as both grievant and respondent are able to be present. The hearing shall be recorded on tape. "During this proceeding, any substantiated allegation by either of the parties that the other will not provide all the information necessary for the Committee to reach a conclusion and make a recommendation on the grievance may in the judgement of the Committee constitute a concession of the case of the other party."
E. Action by the Committee on a grievance shall be terminated in the event of the grievant's death or resignation from the University. The only other circumstance when action by the Committee on a grievance may be terminated is with the written consent of both the grievant and the respondent.
F. In all proceedings where the grievance touches the question of policies, rules and regulations, the Committee shall be guided by written policies, rules and regulations.
G. Within ten days of the meeting or the hearing called for by section 7, D, the Committee, following section 4.13.2 of the Bylaws of the Board of Regents of the University of Nebraska, shall decide whether or not to order the matter reconsidered by the appropriate person, group or groups, or to recommend that other rectifying action be taken. The Committee shall also within the same ten days present to the chancellor and to the parties a written report which shall include its findings on the merits of the grievance, its ordering of reconsideration, if any, or its recommendation, if any, for other rectifying action. The report to the Chancellor shall be accompanied by a copy of the statement of grievance required by section 4, A, a copy of the notice to the respondent, a copy of the reply required by section 7, B, a copy of any addendum from the grievant, and a copy of appropriate portions of the hearing, if such was held under section 7, D. In cases where the Committee's decision does not express consensus, a minority report may be submitted to the chancellor along with the report of the majority. Within twenty days after receipt of the Committee's report; the chancellor shall send to the Committee and at the same time to the parties, a written statement of his/her decision on the grievance; provided, that the chancellor may extend the time for decision in cases where the Committee has ordered reconsideration and additional time is required to adequately accomplish reconsideration. In such cases, the chancellor shall provide a schedule of time limits to be observed during the process of reconsideration.
H. The president of the faculty senate shall be informed of all actions taken by the committee including all advice and recommendations given to the chancellor or other university administrators by the committee. (Resolution 2363, 03/10/99)
VIII. New Business
Senator Miller noted that there is a shortage of Visitor Parking on campus, especially for visiting lecturers for morning classes on the Dodge Street campus, and asked if a solution could be found (such as a single day use card for the parking garage). President Shaw assigned this problem to the Goals & Directions Committee.
IX. The meeting adjourned at 3:25 p.m.