SKIP navigation
Faculty Senate
Faculty Senate

2013-2014 Faculty Senate

Minutes

_______________________________Wednesday, September 11, 2013, 2 p.m.,   Chancellors Room, MBSC________________

Present:    M. Bacon, N. Bacon, Beard, Bragg, Casas, Cast-Brede, Chen, Chmidling, Harden, Harder, Hill, Holley, Huq, Lewis, Mahoney, Means, Meglich, Mei,  Mitchell, Morris, O'Neil, Parnell, Petrow, Prisbell, Scherer, Siy, P. Smith, R. Smith, Sobel, Sollars, Stack, Stergiou, Surface, Tiller Wileman, Williams

Excused:   Kwak, Ritter

______________________________________________________________________________

Presentation:  Josh White, Senior Associate Athletic Director, "Arena Project"

______________________________________________________________________________

I.       The meeting was called to order at 2:25 p.m. 

II.      The Minutes of the August 21, 2013, meeting were approved.

III.     Officers' Reports

A.    President's Report:  Senator M. Bacon

1.      Deans Forum Summary:  As of September 3, 2013, it has been updated to June 6, 2013.  http://www.unomaha.edu/aandsaffairs/inside/deansforum.php

2.      Written Acknowledgements for Resolutions:

2013-2014 Resolution Action Table
(Action Pending and Current Resolutions)

Res.#

Date

Senate

Passed

Title

Admin Accept

Sent for Senate Action

Denied

Deferred

In Progress

Final Action/Resolved

4108

8/21/13

Appreciation for Dr. Harold M. Maurer, M.D.

           

4107

8/21/13

Deadline for Fall Grades

           

4106

8/21/13

Temporary Replacement for Education Senator

           

4105

8/21/13

Appt. of Parliamentarian

           

4102

5/8/13

8/21/13

Presidential Appointments (a-e) /

completed

8/8/13

       

Chancellor Supports

4101

5/8/13

8/21/13

Standing Committee Vice Chairs  /

completed

8/8/13

       

Chancellor Supports

4094

5/8/13

8/21/13

Campus Committees (a-g)

completed

8/8/13

       

Chancellor Supports

CARRIED FORWARD

4074

2/13/13

Criminal Background Checks at UNO

   

2/18/13

   

Not supported.  As with Resolution 4073, which I opposed, in part, because of its reference to all  NU campuses, I also believe this to be a safety issue for which we have legal and fiduciary responsibility.  In summary, the absence of some form of background checks for persons employed on campus seems in opposition to best practices.

4073

1/16/13

Amended Resolution 4054 on Criminal Background Checks

   

1/23/13

   

The Chancellor cannot support and would like to discuss this resolution at today's Faculty Senate Exec. Committee / Administration meeting.

4054

7/11/12

Determine Contractual Implications of Background Check Policy

(w/participation of bargaining unit and Central Admin.)

9/6/12

       

The chancellor acknowledges receipt of the resolution and has provided the legal opinion requested.*

(UNO Faculty Senate is not satisfied with this response.)

3079

3/9/11

Shared Governance

   

4/15/11

   

Not supported.  Chancellor's Comment:  "While I continue to be an advocate for shared governance, I will not support 3079, as I am unable to support any resolution which defines the role and responsibilities of the University's governing board, the office of the chancellor, or other administrator, which is outside the purview of the Faculty Senate."

2944

1/4/09

UCRCA Funding

     

X*

   

*4074  (From Chancellor Christensen via Nancy Castilow in an e-mail sent on2/18/13:  Not supported.  As with Resolution 4073, which I opposed, in part, because of its reference to all  NU campuses, I also believe this to be a safety issue for which we have legal and fiduciary responsibility.  In summary, the absence of some form of background checks for persons employed on campus seems in opposition to best practices.)

*4073(From Chancellor Christensen via Nancy Castilow in an e-mail sent on1/23/13:  The Chancellor cannot support and would like to discuss this resolution at today's Faculty Senate Exec. Committee / Administration meeting.

*4054(Legal Opinion): From: John C. Hewitt [mailto:jhewitt@clinewilliams.com] ; Sent: Tuesday, July 17, 2012 9:11 PM;

       To: Ed Wimes; Subject: Background Checks. 

Ed,

     In a response to my email of July 14, you have indicated that at this time you anticipate that the "background check" at the University of Nebraska at Omaha will consist of the University reviewing public records (i.e., sex offender registry, criminal convictions, etc.) for applicants for employment.  Based on the foregoing you have inquired whether such an approach would constitute a mandatory subject of bargaining.

     The simple answer is that the University could, in my opinion, proceed to implement such an approach for applicants without any discussions.  The obligation to bargain in good faith concerning mandatory subjects is generally limited to the current employees of an employer.  There is generally no obligation to negotiate concerning prospective employees.  Star Tribune, 295 NLRB 543 (1989).

     If there remains any discussion about expanding such an approach to current employees, then the answer becomes more complicated.  Nevertheless, I do not believe that the University would be required to bargain over the decision to review public records at its own cost and expense.  As I indicated previously, this decision would likely be within the employer's managerial discretion.  However, I also believe that the University would be required to bargain over the "effects" of such a decision; such as (a) whether any information in a person's criminal record would remain confidential; (b) whether certain employees would be exempted based upon length of exemplary work records; (c) the appeal rights of employees who claim that they have been incorrectly identified of having been convicted of a particular crime or who believe there are extenuating circumstances that would exclude their disqualification; and (d) the categories of offenses that would result in automatically exclusion from employment.

     If you would like to discuss further, please do not hesitate to call.

John C. Hewitt; jhewitt@clinewilliams.com ; CLINE WILLIAMS WRIGHT JOHNSON & OLDFATHER, L.L.P.; 1125 S.103rd Street, Suite 600; Omaha, Nebraska 68154; Phone 402.397.1700/Fax 402.397.1806

(From Chancellor Christensen via Nancy Castilow in an e-mail sent on 10/25/12:  Relative to Resolution 4054, the Chancellor cannot support this resolution; as was discussed at a 10/25 AAUP meeting, the AAUP agrees that they have no jurisdiction over background checks as those affected are not part of the bargaining unit until they are hired and these check occur pre-hiring.)

*3079(From Chancellor Christensen via Nancy Castilow in an e-mail sent on 4/15/11:  Not supported.  Chancellor's Comment:  "While I continue to be an advocate for shared governance, I will not support 3079, as I am unable to support any resolution which defines the role and responsibilities of the University's governing board, the office of the chancellor, or other administrator, which is outside the purview of the Faculty Senate.")

*2944 (From the EC & Admin Mtg 1/21/09: The Chancellor supports the concept in Resolution 2944 on funding an UCRCA budget line but opined we wouldn't get it during the years of budgetary problems.)(6/10/09 Nancy Castilow wrote for Chanc. Christensen: "One clarification related to  Res. 2944, dealing with ongoing support of the UCRCA budget.  I said that I was open to the concept and supportive of continued funding of the UCRCA budget, albeit we would need to review its  funding during times of budget constraints, as we do with other such programs.  The decision to fund and how much to fund remains the purview of the Office of Academic Affairs.  I did not opine that the UCRCA budget line would automatically see no funding during years of budgetary problems.")

B.      Treasurer's Report:  Senator Holley presented the August 2013, Budget Report.

IV.     Standing Committee Reports

A.  Committee on Academic and Curricular Affairs:  Senator Petrow reported the Committee is reviewing a program proposal from the College of Information Science and Technology for the creation of an Executive Master's Degree in Information Technology.  This program proposal underwent some review by the Executive Committee of the Faculty Senate over the summer.  For our review we met with Hesham Ali, the dean of the college.  After meeting with him we discussed the proposal and came up with a list of suggested changes to the proposal, with most of them focused on the proposal's budget.  We instructed the program proponents to revise the proposal and resubmit it to us.

B.     Committee on Educational Resources and Services:  Senator  R. Smith reported the Committee did not meet—we needed more time to arrange necessary coordination with the people with whom we plan to work.  Our next meeting will be the normal date in September.

C.    Committee on Faculty Personnel and Welfare:  Senator Wileman reported the Committee decided not to meet in August since we had already "divvied up" the initial workload for "off-line" processing.

D.    Committee on Goals and Directions:  Senator Mitchell reported the Committee has no report and will determine the issues to be worked on at the next meeting on September 25th

E.     Committee on Professional Development:  Senator Casas reported the committee will hold its first meeting will be in September.

F.      Committee on Rules:  Senator Mahoney moved the following for the Rules Committee.  All passed.

RESOLUTION 4109, 9/11/13:  University Committee on the Advancement of Teaching (UCAT)

BE IT RESOLVED that the following name go forward to complete Rene Erlandson's three-year term (07/01/12 - 06/30/15) to the University Committee on the Advancement of Teaching (UCAT):

      Robert Nash, LIB.

------------------------------------------------

RESOLUTION 4110, 9/11/13: Replacement on University Committee on Research & Creative Activity (UCRCA)

BE IT RESOLVED that the following names go forward to complete Lisa Knopp's term (08/01/11 - 07/31/14) on the UCRCA (University Committee on Research & Creative Activity):

Tammie Kennedy, A&S, Humanities (to replace Lisa Knopp) 08/01/11 - 07/31/14.

--------------------------------------------

RESOLUTION 4111, 9/11/13:  Academic Freedom & Tenure Committee

(for Faculty Senate nomination.  The ballot has been mailed to the UNO Faculty. Results will be announced at October 2013 Senate meeting.)

BE IT RESOLVED, that in accordance with Article 6.5.2 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.

Two tenured faculty members will be elected from the following four nominees to serve three-year terms from October 16, 2013, through October 15, 2016, to replace Ann Fruhling and Michael Peterson, whose terms will expire: 

            Donna Dufner
            Robert Nash
            Birud Sindhav

            Robert Smith  

And one Non-Tenured Faculty member will be elected from the following two nominees to serve three-year terms from October 16, 2013, through October 15, 2016, to replace Jay Irwin whose term will expire:

            Chin Chung (Joy) Chao
            Ramon Guerra.

------------------------------------------------------------

RESOLUTION 4112, 9/11/13: Faculty Grievance Committee

BE IT RESOLVED, that in accordance with the Faculty Senate of the University of Nebraska at Omaha Bylaws, Article VI.5.1, 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 Carolyn Gascoigne, whose term has expired, for three-year terms from September 16, 2013, through September 15, 2016:

            Marshall Prisbell, (elected)
            Pamela Smith.

And one Assistant Professor will be elected from the following two nominees to replace Kerry Ward, whose term has expired, for three-year terms from September 16, 2013, through September 15, 2016:

            Eugenio DiStefano, (elected)
            Manfred Wogugu.

And one member of the Faculty Senate Faculty Personnel and Welfare committee will be elected from the following two nominees to replace Marshall Prisbell, whose term has expired, as the Faculty Personnel and Welfare Committee representative for a one-year term from September 16, 2013, through September 15, 2014:

Matthew Harden
Stan Wileman. (elected)

------------------------------------------------------------

RESOLUTION 4113, 9/11/13: UNO Professional Conduct Committee ((ballot handed out to full senate, completed, collected, and tallied 9/11/13) 

BE IT RESOLVED, that in accordance with the Faculty Senate of the University of Nebraska at Omaha Bylaws, Article VI.5.3, Professional Conduct Committee, the following faculty members are brought forward by the Rules Committee for ballot election by the senate.

BE IT RESOLVED, that two representatives must be elected by ballot vote to serve three-year terms from September 16, 2013, through September 15, 2016, to replace outgoing members, Shereen Bingham and Janice Rech, whose terms have expired. 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:

            Christina Dando
            Jodi Kreiling (elected)
            Christiana Bratiotis (elected)
            Jay Irwin        

The newly elected representatives will also serve as alternates for three-years from September 16, 2015, through September 15, 2018.

Shereen Bingham and Janice Rech will continue serving as alternates (replacing Robert Woody and Jeanette Seaberry) for three-years, from September 16, 2013, through September 15, 2016, per Resolution 3059.

V.   Ad Hoc Committee Reports

A.    MOOC Ad Hoc Committee:  Prof. Peter Smith reported that the committee recently met for an organizational meeting.

VI.    Non-Senate Committee Reports

A.    Academic Freedom Coalition of Nebraska (AFCON): 

Senator Lewis looked into the case noted in a letter from the AFCON President.  His research:  Garcetti v. Ceballos case.  The citation of the case 547 U.S. 410.  The link below should take one to a full version of the case.  Warning: it is lengthy!
http://scholar.google.com/scholar_case?case=6711908971660042297&hl=en&as_sdt=2&as_vis=1&oi=scholarr

VII.   New Business

A.    Senator Williams worried that with increasing enrollment classroom distribution is not equitable, especially for small departments.  President M. Bacon asked the Educational Resources and Services Committee to look into this.

B.     The subject then turned to the possible merger of CEEN to EE in UNL versus an engineering college at UNO.

      President W. Bacon passed the gavel to Vice President Surface, and noted, among other things, that she felt that Engineering is the future of the University of Nebraska at Omaha, no matter what department anyone is in.  Vice President Surface then passed the gavel back.

      President Bacon then asked both the Educational Resources & Services Committee and the Goals & Direction Committee to study the actual impact of a merger of CEEN to EE in UNL versus an Engineering College at UNO and formulate a resolution with their findings.

VIII.  The meeting adjourned at 3:20 p.m. with announcements.

IX.   Announcements

A.    EC&A Mtg:   Wednesday, September 18, 2013, 2 p.m., EAB 200, Chancellor's Conference Room
B.     EC&C Mtg:   Wednesday, October 2, 2013, 2 p.m., ASH 196
C.    Faculty Senate Mtg:  Wednesday, October 9, 2013, 2 p.m., MBSC Chancellors Room (Presentation:  President Milliken)