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RESOLUTION 4054, 7/11/12:  Determine Contractual Implications of Background Check Policy

WHEREAS the Administration of the University of Nebraska at Omaha has announced its intention to implement a program of employee background checks in keeping with the practice of many educational and business institutions, and

WHEREAS the Faculty Senate of the University of Nebraska at Omaha believes such checks, however desirable or necessary, fall under the contractual agreement between  the faculty bargaining unit and the Board of Regents of the University of Nebraska,

THEREFORE BE IT RESOLVED, that the Faculty Senate of the University of Nebraska at Omaha strongly recommends that a legal opinion be formulated with the participation of the bargaining unit and the University of Nebraska Central Administration to determine the contractual implications of the policy as it affects members of the bargaining unit.

Chancellor's Reply:  9/6/12 : The chancellor acknowledges receipt of the resolution and has provided the legal opinion requested.
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

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RESOLUTION 4055, 9/12/12:  CPACS Senator Temporary Replacement

BE IT RESOLVED, that, as CPACS Senator Barbara Hewins-Maroney is on Periodic Professional Leave this semester (Fall 2012), Kerry Beldin has been appointed as her temporary replacement on the UNO Faculty Senate.

RESOLUTION 4056, 9/12/2012:  Alumni Association Board of Directors Replacement

BE IT RESOLVED, that the senate president appoints the following UNO alum as the senate representative for one year, 05/9/12, through 05/8/13, to the Alumni Association, Board of Directors, to replace Lyn Holley, who had a scheduling conflict:

      Janice Rech.

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RESOLUTION 4057, 9/12/2012:  Graduate Council Liaison

BE IT RESOLVED, that the senate president appoints the following member of the Graduate Council to be the liaison between the 2012-2013 Faculty Senate and the Graduate Council for a one-year term from 05/09/12, through 05/08/13:

            Jeanne Surface , to replace William Mahoney.

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RESOLUTION 4058, 9/12/2012 and 10/10/12 :  Academic Freedom & Tenure Committee (ballots will be sent to all full time faculty)

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.

One tenured faculty member will be elected from the following two nominees to serve three-year terms from October 16, 2012, through October 15, 2015, to replace Christina Dando, whose term will expire:

      Birud Sindhav,
      Vincent Woolf. (elected)

And one Non-Tenured Faculty member will be elected from the following two nominees to serve three-year terms from October 16, 2012, through October 15, 2015, to replace Cher McAllister whose term will expire:

      Arturo Miranda, (elected)
      Mark Pauley.

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RESOLUTION 4059, 9/12/2012:  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 Robert Woody, whose term has expired, for three-year terms from September 16, 2012, through September 15, 2015:

            Robert Nash
            David Carter (elected)

And one Assistant Professor will be elected from the following two nominees to replace Zebulon Miletsky, whose term has expired, for three-year terms from September 16, 2012, through September 15, 2015:

            Gwyneth Cliver
            Chin-Chung Chao (elected)

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, 2012, through September 15, 2013:

            Marshall Prisbell (elected)
            Paul A. Williams.

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RESOLUTION 4060, 9/12/2012:  UNO Professional Conduct Committee

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, 2012, through September 15, 2015, to replace outgoing members, Kerry Beldin and Scott Harrington, 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:

John Erickson (elected)          
Art Diamond (elected)           
Brigette Ryalls           
Franklin Thompson.

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

Kerry Beldin and Scott Harrington will continue serving as alternates (replacing Juliet Parnell and Jack Heidel) for three-years, from September 16, 2012, through September 15, 2015, per Resolutions 2844 & 3000.

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RESOLUTION 4061, 9/12/2012:  Replacement on Honors and Awards Committee

BE IT RESOLVED, that, as Srikant Ballabhajosula has left UNO, the following name go forward to complete that term (08/01/11 through 07/31/14) to the University Committee on Honors and Awards:

      Michael Matthews.

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RESOLUTION 4062, 10/10/12 : Replacement on Technology Resources & Services, University Committee on

BE IT RESOLVED, that Anita Saalfeld (08/01/11 through 07/31/14 term) must be replaced on the University Committee on Technology Resources & Services, as she has left UNO. The following name be forwarded to serve on the committee until May 2014:

Bob Woody, (to replace Anita Saalfeld).

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RESOLUTION 4063, 11/14/12 : CPACS Senator Replacement

BE IT RESOLVED, that, as CPACS Senator Ken Kriz resigned from the Faculty Senate in October due his Administrative duties, Catherine Chmidling, has been appointed to complete his term to 5/14/14 on the UNO Faculty Senate.

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RESOLUTION 4064, 11/14/12 : Faculty Involvement

BE IT RESOLVED, that the Executive Committee assign the appropriate committee or committees to give consideration to adequacy of faculty involvement, input and decision making to administrative issues, including, but not limited to, the major change of the web site redesign and the decision to pursue an arena.

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RESOLUTION 4065, 11/14/12 : Revisit Shared Governance

BE IT RESOLVED, that the Executive Committee revisit shared governance as it relates to issues on campus, not limited to, but including the web re-design, distance education, and the building of the arena.

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RESOLUTION 4066, 11/14/12 : 3 CH Classes Remain .25 FTE

Whereas the adjustment of part-time faculty's teaching assignments from .25 per course to .20 per course is designed to recognize the extra work that full-time faculty do;

Whereas the full-time faculty has not sought and does not wish to accept such an adjustment as a way of recognizing our work;

Whereas the adjustment undervalues the work of teaching by indicating that the actual work of teaching a 3-credit class warrants only a .20 appointment;

Whereas this reduction to the teaching assignment may have unintended consequences in the long term that would affect faculty workloads and the quality of instruction at UNO;

Whereas the adjustment confers no material benefit to any faculty member, full-time or part-time;

Therefore be it resolved that the faculty of UNO urge that teaching assignments for a 3-credit class continue to be represented as .25 FTE.

(Passed with 3 dissenting votes.)

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RESOLUTION 4067, 11/14/12 : Shared Governance Education

BE IT RESOLVED, that at a strategic time with respect to the installation of new senators, time and attention be given to communication and discussion of the Faculty Senate's view of shared governance for the benefit of all senators, particularly those new to the senate.

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RESOLUTION 4068, 12/12/12 :  On the Passing of Dr. John Kerrigan

WHEREAS, the Faculty Senate of the University of Nebraska at Omaha has , with sadness , learned of the death of John Kerrigan, and

WHEREAS, John contributed to the quality and character of the University of Nebraska at Omaha through excellent teaching and curriculum development and by being dedicated to  excellence in research as an appropriate faculty contribution to the university, and

WHEREAS, John was , for many years , a dedicated and competent university administrator, including service as Dean of the College of Public Affairs and Community Service, and Acting Vice Chancellor for Academic Affairs, and

WHEREAS , John established a distinguished career in higher education, serving as a nationally recognized expert in public administration and an academic consultant to universities, educational associations , and government agencies, therefore

BE IT RESOLVED, the Faculty Senate of the University of Nebraska at Omaha expresses its sympathy and condolences to John's wife Patricia and his entire family, and to his many friends in the university and throughout the community.

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RESOLUTION 4069, 12/12/12 : A&S Senator Temporary Replacement

BE IT RESOLVED, that, as A&S Senator Greg Petrow will be on Paid Professional Leave next semester (Spring 2013), Jack Heidel will be appointed as his temporary replacement (1/1/2013-5/9/2013) on the UNO Faculty Senate.  

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RESOLUTION 4070, 12/12/12 : Representation on Faculty Senate

WHEREAS, Article III of the Constitution of the UNO Faculty Senate provides that the Executive Committee shall recommend to the Faculty Senate a proportional representation by college to determine the number of seats in the succeeding year's Senate,

BE IT RESOLVED, that the Executive Committee recommends to the Faculty Senate that 14.3714 UNO faculty members be represented by each Senator resulting in the following distribution of seats for the 2013-2014 Faculty Senate:

Arts and Sciences 13
Business Admn. 4
CFAM 5
Education 5
IS&T 3
Criss Library 1
CPACS 4
Sub-Total 35
External Faculty 2

TOTAL 37  

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RESOLUTION 4071, 12/12/12 : Certificate in Information Technology Administration

WHEREAS, according to the Bureau of Labor Statistics, the number of individuals employed in occupations related to Information Technology administration and Information Technology development is projected to grow significantly in the years 2008-2018, and

WHEREAS, there is no certificate program at the University of Nebraska Omaha for Information Technology Administration, and

WHEREAS certification programs may serve as a draw for students compared to 4 year-degree programs because of the reduced course load, and

WHEREAS the exclusively on-line nature of the program may serve as a special draw for this targeted population of students, and

WHEREAS the certificate would be offered jointly with the University of Agder in Norway, such that their students would also enroll in these courses, and

WHEREAS UNO would offer the only such certificate program in the state, and

WHEREAS, the Committee on Academic and Curricular Affairs has reviewed the proposal for a program leading to a Certificate in Information Technology Administration and concluded that such a program fits well within the strategic plan and the mission of the University of Nebraska at Omaha and that the resources necessary for such a program are available or can be developed through reasonable and appropriated allocations of resources, therefore

BE IT RESOLVED that the Faculty Senate of the University of Nebraska at Omaha supports the proposal from the Department of Information Systems and Quantitative Analysis in the College of Information Science and Technology to create a Certificate in Information Technology Administration at the University of Nebraska at Omaha.

(Passed Unanimously)  

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RESOLUTION 4072, 12/12/12: Faculty Senate President-Elect  

BE IT RESOLVED, that Senator Meredith Bacon has been elected President-Elect by the UNO Faculty Senate.

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RESOLUTION 4073, 1/16/13: Amended Resolution 4054 on Criminal Background Checks

WHEREAS criminal background checks have been instituted as of September 1, 2012, by the Administration of this University for all new Faculty hires and all part time adjunct Faculty on an annual basis without prior consultation with the faculties, or their bargaining units, of its four campuses,

AND WHEREAS by this same policy implementation, annual checks of the sex offender for all Faculty are to be made,

AND WHEREAS research has not confirmed that criminal background checks are functionally efficacious in institutions of post-secondary education

AND WHEREAS criminal background checks may be viewed by prospective Faculty hires as excessively intrusive, thereby limiting the University from hiring the best Faculty possible,

AND WHEREAS Justice dictates that those who have been punished for crimes should be able to proceed with their lives – that punishment incurred should serve as a veil of obscurity over past transgressions of the Law.

AND WHEREAS the non-Faculty determination of consequences of criminal background checks and sex offender checks may undermine the Regentially established delegation of academic hiring to the respective academic units and thus contradicts common understanding of shared governance,

THEREFORE, BE IT RESOLVED, that this Faculty Senate of the University of Nebraska at Omaha opposes said criminal background checks for any Faculty position, whether current or prospective, whether part time or full time, and whether adjunct or otherwise, and urges the administration of this University to cease conducting them forthwith.

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RESOLUTION 4074, 2/13/13 : Criminal Background Checks at UNO

WHEREAS criminal background checks have been implemented as of September 1, 2012, by the Administration of the University of Nebraska at Omaha for all new Faculty hires without prior consultation with the Faculty, or its bargaining unit,

AND WHEREAS by this same policy implementation, annual checks of the sex offender registry for all Faculty are to be made,

AND WHEREAS research has not confirmed that criminal background checks are functionally efficacious in institutions of post-secondary education,

AND WHEREAS criminal background checks may be viewed by prospective Faculty hires as excessively intrusive,

AND WHEREAS Justice dictates that those who have been punished for crimes should be able to proceed with their lives – that punishment incurred should serve as a veil of obscurity over past transgressions of the Law.

AND WHEREAS the non-Faculty determination of consequences of criminal background checks and sex offender checks may undermine the Regentially established delegation of academic hiring to the respective academic units and thus contradicts common understanding of shared governance,

THEREFORE, BE IT RESOLVED, that this Faculty Senate of the University of Nebraska at Omaha opposes said criminal background checks for any Faculty position, whether current or prospective, whether part time or full time, and whether adjunct or otherwise, and urges the administration of this University to cease conducting them forthwith.

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RESOLUTION 4075, 2/13/13 : 2013-2016 Newly Elected Faculty Senators:  

BE IT RESOLVED that the following 13 faculty members have been elected by their respective colleges to serve on the Faculty Senate for three years (5/8/13 – 5/11/16):

College of Arts & Sciences (3):

Beth Ritter
Juliette Parnell
Suzanne Sollars

College of Business Administration (2):

Darryll Lewis
Patricia Meglich

College of Communication, Fine Arts and Media (2):

Sharon Sobel
Amy Morris

College of Education (2):

Carol Mitchell
Nicholas Stergiou

College of Information Science and Technology (1):

Harvey Siy

College of Public Affairs & Community Service (1):

Lyn Holley

Criss Library (1):

Linda Parker

External Faculty (1):

Bing Chen

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RESOLUTION 4076, 3/13/13: Of Commendation

WHEREAS, in keeping with integrity and professionalism, the administration and professional staff of the University of Nebraska at Omaha correctly denied access to the as yet unorganized and not yet generally accessible archive of former United States Senator Chuck Hagel;

THEREFORE BE IT RESOLVED, the Faculty Senate of the University of Nebraska at Omaha commends the administration and staff's commitment to institutional integrity and professionalism.

(Passed Unanimously)

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 RESOLUTION 4077, 3/13/13: Student Publications Committee, Position B

BE IT RESOLVED that the following names constitute the Faculty Senate approved list of nominees to the Student Publications Board, Position B, to replace Michael O'Hara, from which the Chancellor is to select one for a three-year appointment from 07/01/13 through 06/30/16 as specified in the By- Laws of the Board of Regents:

Courtney Fristoe
Tammie Kennedy.

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 RESOLUTION 4078, 3/13/13: Replacement on Excellence in Teaching Award Committee

BE IT RESOLVED , that Ana Cruz has agreed to replace Cynthia Robinson, who resigned last year and whose term runs through 7/31/14, as the College of Communication, Fine Arts and Media representative, on the Excellence in Teaching Award Committee.

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RESOLUTION 4079, 4/11/13 : MOOCs

At present, standards for MOOCs are undefined and the evaluation component is uncertain; therefore, until these issues are clarified and reviewed through established academic channels, UNO should grant no credit for a MOOC experience.

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RESOLUTION 4080, 4/10/13 : Submission of Grades (A& B)

Submission of Grades (A)

Whereas all members of the university community have an interest in ensuring that students eligible for financial aid receive their disbursements promptly so they can enroll in classes and buy books;

Whereas the financial aid office needs students' fall grades in order to demonstrate their eligibility for aid in the spring semester;

Whereas with new federal regulations, the number of students needing verification of eligibility at the end of the fall semester has grown from about a dozen students in 2010 to almost 600 students in 2012;

Whereas financial aid officers can determine students' eligibility more efficiently if grades come in at a “staggered” rate, keyed to exam dates rather than to a single date such as commencement;

Whereas prompt determinations of eligibility are especially critical for students who are financially and academically at risk;

Whereas grades submitted after the winter break come too late for the financial aid office to document satisfactory academic progress before spring classes begin;

Whereas in many courses, responsible instructional practices require that faculty assign term papers and/or essay exams;

Whereas a radically shortened grading window would create undue hardship for faculty and compromise the quality of instruction in those courses if faculty are forced to move due dates up to Prep Week or to read and evaluate students' work hastily;

Therefore be it resolved that the longstanding practice of extending the fall grading deadline to a date after winter break be discontinued; and

Be it further resolved that the deadline for spring and summer classes be adjusted from “seven calendar days after commencement” to “seven calendar days after the scheduled exam date”; and

Be it further resolved that the deadline for fall grades be established as “seven calendar days after the scheduled exam date in classes with exams scheduled before December 17 and ten calendar days in classes with exams scheduled on or after December 17.”

Submission of Grades (B)

Whereas all members of the university community have an interest in ensuring that students eligible for financial aid, scholarships, or employee tuition reimbursement receive that support;

Whereas the registrar and the financial aid office need students' grades in order to demonstrate their eligibility for this financial assistance;

Whereas late grades, leading to late disbursements, have an especially dire effect on students who are financially and academically at risk;

Therefore be it resolved that the faculty senate urge all faculty to turn in end-of-semester grades as early as possible; and

Be it further resolved that the faculty senate urge academic deans to make faculty aware of the financial implications for students when grades are submitted late and supply any necessary assistance to faculty members who, due to illness or other emergencies, are unable to submit grades promptly. And the Administration should impose no unilateral penalty on faculty who submit late grades.

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