Faculty Governance Committee Meeting

October 14, 2009. 3:00 PM, Rawl Annex 142.

The meeting was called to order at 3:06 PM.

The minutes were approved without dissent.

A. Appeals of Denial of Early Tenure: The committee members discussed the section of Appendix D that deals with appeals of denial of early tenure. It was noted that the UNC GA says that the UNC Board of Governors does not hear denials of early tenure. This means that the process can’t go as we had it written. UNC GA suggests that we make it part of our faculty grievance procedures (607).

Dr. Hughes expressed reservations, noting that previously members of the committee consulted with UNC GA and that UNC GA failed to respond to the committee’s questions in a timely manner.  It also was noted that at the Faculty Senate meeting the University Attorney expressed concerns about this part if D, which is one reason it was pulled from the Senate agenda at the time.

University Attorney Payne noted that the UNC GA  contemplates that the UNC Board of Governors only will review faculty employment issues when a faculty member will loose his or her job. Section 607 of the UNC Code is designed to address any significant complaints about employment, including denial of promotion or tenure but not coupled with the loss of employment.  If the chancellor gives someone more time on tenure-track after a denial of tenure this cannot be appealed to the UNC Board of Governors since the person is still employed. The timing of this unfortunate. The version of D reviewed by the University Attorney is not the version that was before Senate; it is a version for which a sentence did change ECU’s provision. One version says that a faculty member can appeal and the other version says not. Also, when we sent the PTR policy to UNC GA they said some points were not addressed, something we noticed before sending it. On Oct. 1 UNC GA abolished one attorney position – giving the work to another – so things will not get faster in terms of review in the next six months.

Dr. Martinez: “OK, well, so, I think that at this point the best way is to give Dr. Hughes the floor.”

Dr. Hughes said this was a procedural matter. He said that since we have not heard from UNC GA or from Charles we should wait until get clarification. He noted that early tenure, if granted, means you will not be further considered for reappointment. 607 allows you to go to any EEO question/process with a hearing under Y.  He noted that 604 is just a review of the process which is all we should allow and that any question of tenure should be limited to the 4 impermissible reasons and MPI.

Ms. Payne remarked that there are two scenarios where it is useful to have review of denial of early tenure application – where you are only person in protected class ever denied and where there is evidence of systematic discrimination. If it is procedural – if a chair is doing something inappropriate, you need a way to address that.

Dr. Hughes said that this is all included under the impermissibles and that a hearing would be ranted automatically. He said that item 6 and 8 are internally inconsistent and that we will have to re-write D V and this one once we get decision from UNC General Administration. UNC GA will only hear an appeal when it is related to non-reappointment. So they will ask us to revamp 607 to hear all tenure decisions not associated with re-employment. They need to let us limit the basis for appeal. In 607 one can bring up any reason. Dr. Hughes said that he does not believe the university wants those kind of issues brought out.

Ms. Payne said that the university attorney can say no due process. She would rather defend cases under 607.

Dr. Martinez asked if UNC GA  would let us make it part of 604.

Dr. Hughes said that if it’s an early decision then the chancellor’s decision is final. This does not violate the spirit of giving a faculty member a hearing.

Dr. Roberts asked early tenure is akin to reappointment….but is not expiration of a fixed  term of service.

Dr. Hughes said that is why the UNC Board of Governors does not want to hear early tenure alone, as they only want to hear a joint – what we are suggesting applies to 604 due to the limited grounds of the basis for appeal.

Dr. Roberts said that if so you cannot reconcile early ten with the expiration of the term of service. He asked how does this idea of early tenure fit with what 604 applies to – a decision not to reappoint – since the term has not expired – so can not be 604.

Dr. Hughes asked:  “where do you fine the tenure question come up in 607 at all?” He said that he wants early tenure to go into 607.

Ms. Payne said that 607 is a catch all and that’s why it is there.

Dr. Walker said “but the ground different in 607,”

Dr. Martinez said:  “since I could not understand this I went to different faculty manuals in the UNC System to see how others deal with this. I found most of them are absolutely void of mention of early tenure.  They say it exists but have no procedures for how to do it or anything like that. I realize how faculty grievances work all over system very differently. If we accept the idea we will have to change Y completely. It will not work as Y is written.  Also, 607 says we can retain procedures we have in place if we like but we will have to rewrite Y as it allows for mediation which is not appropriate for early tenure decisions - so the implications are many.

Dr. Hughes: “it can go to 607 if we rewrite it. That is rewrite Y.” But I am not sure we can limit the basis for an appeal.”

Dr. Martinez: “I think Dr. Hughes is correct but if we say the decision of the board is final if we can do it through hearing committee rather than faculty grievance.”

Dr. Wilson: “my question is how often … all the time I have been here there has never been a case of early tenure - how common is it?”

Dr. Martinez: “there are three possibilities: put in early tenure and eliminate the  process of appeal so let the person figure it out on her own. This is a solution since so few cases.  Next, will UNC GA let us do it under 604 or last rewrite appendix Y?”

Dr. Hughes: “UNC GA is going to have to say something.”

Dr. Wilson: “doesn’t Y say its for anything that does not have procedures somewhere else?”

Dr. Hughes: “have a standing committee that has specific charges for Y …limited to promotion so all you can get into so you have to change the structure around Y and D and rewrite Y if we can stay with what we  have.’

Ms. Payne: “why is the appeal of early tenure different from promotion?”

Dr. Hughes: “tenure is only mentioned in D not in 607 or 101.32.  It is mentioned 101.31 which is 604.5 - this is the only time tenure is mentioned.”

Dr. Mageean: “if you can make a document refer to it then you solve problem so why not append one of the documents?”

Dr. Martinez: “that is the question: do we amend D or Y?”

Dr. Mageean:  which ever one is the easiest.”

Dr. Roberts” “its like putting gasoline on the campfire. I may be the only one who does not know this is not the case. Is going up for early tenure a right?”

Dr. Hughes: “one of first meeting was on how to revise first paragraph. We had the question “do you have to ask the question to go up?” so e said if you want to go up on you own but you changed that then got hooked on how do you appeal denial of early tenure.”

Ms. Payne: – “Privilege vs. right? Everything you grieve, almost, is about privilege -  its how you grieve it were you treated unfairly.  A discretionary grievance process lets faculty review that and work it out in a self-governing sort of way.  Part of working it through using 607 - part of an employment situation that I think will work.”

Dr. Roberts makes a joke about which status is better,  big office or wet something or the other?

Dr. Martinez mentions that about the first time she met Dr. Sheerer it was in a hearing that was a grievance by faculty member removed from a corner office.

Dr. Hughes noted that Dr. Sheerer once had to deal with a grievance for putting a broken chair in an office, adding that such grievances justifiable in Appendix Y “bring them in and we will hear them.”

Dr Matinez:  “one of the reasons why I went to hearings and the nature of the hearings we had were so different from denial of tenure tat one will be better served if…”

Dr. Hughes: “if just take one thing in D in hearing - you can have non-participant counsel - in Y no one is in the room but the grievant and the respondent so a different perspective. The hearing committee is better equipped to hear denial of early tenure than the grievance committee. I understand why we might have to do it by 607 but if we can maintain it via appendix D then if I have to think about it so that it seems to me putting those two things together this is a conceptual level - just my point - I understand if it violates something in the code or is just an interpretation they are making since we do not want appeals going to UNC Board of Governors and staying there forever.”

Dr. Wilson: “can we craft a paragraph next time and run this by UNC General Administration? This is what my committee wants to do.:

Ms. Payne: “it’s a weaker argument for faculty  complaining…”

Dr. Hughes:  “not only that, but 0131 says the only reason the UNC Board of Governors wants to hear it is to determine if the institution has something wrong with its procedures.”

Dr. Rigsby: “then all we have to do is take out the 1st sentence and put those that say you cannot appeal as its already say you can’t go to the UNC Board of Governors so you already have it in D -  not saying you  can’t appeal,  just that you can’t appeal to the Bog.”

Ms. Payne: “If you do under 607 does it go to the trustees?”

Dr. Rigsby: “we will not say you can’t appeal - leave the sentence that says you cannot go to the UNC Board of Governors.”

Dr. Hughes:  “leave the other thing that is more draconian and pull our section on it and it solves the whole problem if D does not address…”

Dr. Martinez: “ok,  but then do we need to - I am sorry I  do not have the document in front of me - I did not know Lori would not be here today - so would not have things on the screen as I would like to before we make a motion on what we will do with this - then we can move and discuss  getting feedback.”

Dr. Hughes: “We already have the question in front of UNC General Administration, we are just waiting for an answer.”

Ms. Payne leaves the room to call someone at the UNC General Administration.

Dr. Martinez: “my impression -  I am not going - how to get back to my suggestion - not a motion - thinking of saying - leave that in there-  go to the footnote and  look at footnote and …”

Dr. Roberts: “you need juice to get them on phone!.

Dr. Rigsby: “in footnote 3 - yes go up one page - right there – if we remove the last sentence that says you can’t…”

Dr. Hughes: “nom, you have to pull all that stuff out…”

Dr. Wilson:  “the whole thing?”

Dr. Rigsby: “just the last sentence.”

Dr. Martinez: “I thought about that too but only way I could…”

Everyone stares at D on the screen for awhile.

Dr. Hughes:  “remove the footnote that says denial of early tenure but wait until she gets UNC attorney…”

Dr. Rigsby: “just saying you know where to put it in the document -  I did not realize the whole footnote, just early tenure, had to be held to the same standards.”

Dr. Martinez: “you are supposed to be extraordinary.”

Dr. Sheerer: “just deny when it does not meet the standards.”

Dr. Wilson: “what issues come up in denial of early tenure? I am trying to imagine where someone goes up and does not get it.”

Dr. Hornes: “Why take out the first sentence. I do not see what the conflict of interest would be.”

Dr. Hughes: “the question is, who will deny the request?”

Dr. Mageean: “they can still go ahead.”

Dr. Hughes: “in this case tell them they should seek consultation. How does consultation take place in a formal meeting of a personnel committee with vote?”

Dr. Rigsby:  “if we get rid of the second sentence that’s the most important one for me. If they are smart enough to see if it will fly we are giving given them warning “we are giving you this counsel now and everything will stay in your file if you change your mind.”

Ms. Payne returns from phoning Charles and  says Mabe is VP and  Charles cannot predict what Mabe will agree to.  We can send trial  language  but must allow 604 basis (or was that 607?).

The discussion continued in this vein for a considerable while longer.

Dr. Rigsby stresses that we need to talk to UNC General Administration.

Dr. Bailey stops typing and says “two things are clear, early tenure is possible and you cannot appeal denial to the UNC Board of Governors. What is the problem?

Dr. Hughes:  in 604 appeal is just procedural; in 607 the committee can reevaluate case.

Dr. Hornes: “sounds like something else Charles is thinking, from the phone conversation, they see early tenure denial differently from tenure denial sincethey  do not believe there should be restriction on what can be complained about.

Dr. Martinez (after yet further discussion): “delete footnote leave it at that.”

After yet more discussion, Dr. Roberts points out that expiration of a fixed term if employment falls under 604 and the other under 607.

In jest, Dr. Bailey suggests the creation of a new committee – the “denial of early tenure appeals” committee.

Dr. Martinez moves that in footnote 3 we delete the sentence and not add anything.

Dr. Roberts observesL “if we needed her to help transplant a kidney or something…”

Dr. Martinez says: “we will be silent about where it goes in Y.”

Dr. Hughes” “we are not being silent saying it goes in 607.”

The discussion goes on in this way for yet more time.

Ms. Ingalls notes that if someone is denied early tenure then what we produce wioll show them how to appeal ….someone must know what the answer is; someone has to have an answer for them.

Dr. Martinez: “I made motion because we need to decide what to do about this. The motion is to delete the sentence in footnote 3 that says “because faculty members etc. until the end and ask Brenda…. …just delete that sentence.

The motion to delete “Because a faculty member will be considered for permanent tenure if he or she reaches the end of the probationary term, denials of requests for permanent tenure made before then end of the probationary term are not subject to appeal.” passes.

Dr. Walker agrees to talk to Dr. Killingsworth to obtain council from Dr. Mabe on whether the deletion of the sentence is sufficient to address the UNC General Administration’s concerns about appeals of denials early tenure and the difference between sections 607and 604.

The discussion of denials of early tenure continues, the UNC General Administration’s position on the motion the committee just passed and whether the ECU Board of Trustees must approve what was just done continues apace. Eventually, the subject turns to the ECU policy on joint appointments.

B. Policy on Joint Appointments: Dr. Martinez: “we have a few minutes and it would be worthwhile for Dr. Rigsby to give us an overview of the report she just sent me. She did not have time to send it to you as she just created it. It’s a 28 page document regarding joint appointments and because of the length of the report no one has had a chance to review it. Dr. Rigsby can give us overview of what she has done.”

Dr. Rigsby: “I can correct typos ……in 2005 or 2004 we reviewed the joint appointment policy and there was a lot of discussion in the beginning and not a lot of agreement in common and different makeup even vice chancellors differed – anyway a very diff committee. ECU is hiring more faculty on joint appointments and problems have been experienced by faculty and administrators so a sub-committee was appointed and we did 10 or 12 pages of research and looked at the policies of other universities in the system and country and we looked at the UNC Code and we took it upon ourselves to do a non-scientific faculty poll mainly of department heads and directors of centers and instructors that have joint appointments. The first part of the document is a summary of processes and next a laundry list of what we heard and part is adopted from the University of Missouri issues to think about when doing joint t appointments. Issues were considered such as what if one wants out? What unit is the vita in, and so on. We adopted from UNC Charlotte and the University of Michigan and other places sections on best practices. We have recommendations designed to thrill everyone.”

After Dr. Rigsby’s introductory remarks, there followed a stimulating discussion of the conceptual and practical aspects of joint appointments.

Dr. Martinez said to Dr. Mageean “can you clarify for us? I have lost track of this since the time 5 yrs ago,  since I lost track of what happened - do we have joint appointments right now in which someone has an appointment in two academic units? What type do we have now?”

Dr. Mageean replied: “what prompted questions from me was wanting a standard policy for people appointed in centers and departments. To protect faculty members and so that everyone has the same ground rules and so it is clear to people what happens if a center goes belly up.  We need to have a clear polity which we did not have this year. I cam from a joint appointment center and we had memorandum of understanding and that worked extremely well - other ones I cannot really speak to.”

Dr. Rigsby observed that in some places all centers off campus.

Dr. Mageean discussed who things were being done in CRM and ICMR  and that different contracts were working in that joint appointment faculty had their tenure and voting rights in the department in which they were 51%. Dr. Mageean argued that the positions should be assigned to the since centers usually were brought into being for interdisciplinary projects and might not endure or might turn into a department but may not last long. Centers needs flexibility to put someone, for example,  example searching for a coastal policy person, this person could be in planning, geology, economics, sociology, anthropology. They would be interviewed and then dept personnel committee has the right to vote on them. Give 51% of their salary to the department but take it back if the person leaves as they may go to a different department -  so you do not want the position assigned to the department in which they are 51% rather than to the center. Dr. Mageean said that her concern is if we have lines and money there should be some input into whole process - some models have joint appointments where the department personnel committee and the center faculty vote on the faculty member’s progress. These are some of the issues.

The discussion of where the position should be located continued for awhile.

Dr. Roberts: “isn’t it an inherent disadvantage to put the line in a center when the faculty member is 51% in depatment? Why 51% in Anthropology if all the money comes from the center?”

Der. Mageean replied that to have tenure you have to be in a department.

Dr. Roberts: “You are putting the line in a center but you are tenured in a department?”

This discuss continued, with Dr. Mageean noting that you do not want to tenure someone who is not succeeding in both places, so both groups must agree that the person is doing a good job.

Dr. Martinez: “centers do not have personnel committees so who work out recommendations if centers do not have personnel committees? How will we do that?”

Dr. Mageean: “you could have joint personnel committees - people from a center working with the home department as we do when we not have sufficient numbers on the personnel committee -  anyway these are tenured professors so they can work together with the home department on joint appointments.

Dr.Rigsby replied that this was only done at a very few universities and often it was viewed as unfair to the faculty member and the unit.

This discussion of personnel committees continued for awhile.

Dr. Rigsby: “if the center goes away, the department can be stuck with the faculty member.”

Dr. Mageean: “but we are not hiring governor Easley’s wife of anything like that. You always visit extreme worse case examples …do people who don’t work out in departments stop you from hiring …?”

Dr. Walker: “why not all read the report and come back to it.”

Dr. Matrinez: “Dr. Hughes will send a copy of his email to Brenda I will send her an email tomorrow at 9:00 AM and a copy to the university attorney.”

Dr. Wilson: “can we say for another how . . .”

The committee adjourns without any official action. This is only noted because at some point earlier Dr. Roberts moved to adjourn but no one paid any attention. So now Dr. Roberts says “so moved” to himself but everyone is talking so only the secretary hears this.

The time is 5:00 PM on the dot. Two hours well spent!

Dutifully recorded: G Bailey