University Governance
FACULTY RIGHTS, PRIVILEGES, AND RESPONSIBILITIES COMMITTEE
MEMORANDUM
To: Lisa Wolf-Wendel
Fac-Ex Chair
From: Stacy L. Leeds
Faculty Rights, Privileges and Responsibilities Committee Chair
Re: Report of 2009-2010 Activity
Date: April 8, 2010
________________________________________________________________________________________________
I. Charges
The primary charge of this Committee was to advance recommendations for revisions to the Code of Faculty Rights, Responsibilities and Conduct. To this end, the Committee reviewed the existing code and synthesized the previous extensive work of FRPR and the Taskforce on the Handbook for Faculty and Other Unclassified Staff to make the recommendations contained in this report.
With the understanding that matters relating to unclassified academic staff are being addressed by a separate taskforce, the Committee limited the scope of its work to:
(1) whether particular rights, responsibilities, and standards of conduct should be added or removed, and
(2) whether the Code could be simplified and clarified.
The Committee was unable (given time constraints and the near impossibility of scheduling the committee to meet face to face) to address the on-going charge of reviewing Initiative 2015.
II. Proposed Revisions to the Code of Faculty Rights, Responsibilities and Conduct
The following revisions are recommended strike-through format, changes appearing in bold, within the existing Code, with footnote annotations explaining revisions, deletions and additions:
Faculty Code of Rights, Responsibilities, and Conduct
Article I. Title
This code shall be known as the Code of Faculty Rights, Responsibilities, and Conduct. Nothing in this document shall contravene the Senate Code and the Rules and Regulations of the University Senate, the Faculty Senate or duly published Board of Regents Regulations on Conduct.
Article II. Definitions
A. When used in this Code1:
(i) The term "University" means the University of Kansas and, collectively, those responsible for its control and operation.
(ii) The term "student" includes all persons taking courses at through the institution, both full-time and part-time, whether pursuing undergraduate, graduate, non-degree or extension studies.2
(iii) The term "faculty member" includes all persons specified in Article IV, Section 1, of the Senate Code as it may be amended from time to time,3 other professional members of the library staff, instructors, research personnel of rank comparable to those above enumerated, and any person hired by the University to conduct classroom activities, including adjuncts and teaching assistants.4
B. Determination of a person's status as a "faculty member" or a "student" in a particular situation shall be determined by the surrounding facts. All other terms have their conventional meaning unless the text dictates otherwise.
Article III. Faculty Rights
The following enumerated enumeration of 5rights shall not be construed to deny or diminish disparage6 others rights7 retained by faculty members as members of the University community or as citizens of the community at large:
A. The rights of freedom of inquiry, expression and assembly are guaranteed. to all faculty members.8
B. The right against unlawful search and seizures of person, office, papers and effects of faculty members to be secure in their persons, offices, papers and effects against unlawful searches and seizures is guaranteed.9
C. Faculty members shall be exempt from disciplinary action except for the following 10conduct: proscribed in Article V.
(i) Willful failure of a faculty member to carry out his academic responsibilities.
(ii) Violation of lawful published University regulations.
(iii) Behavior in the discharge of his duties which violates commonly accepted standards of professional ethics.
(iv) Knowingly furnishing false information to the University, or forging, altering, or misusing University documents or instruments of identification with intent to defraud.
(v) Committing an act which involves such moral turpitude as to render the faculty member unfit for his position.
(vi) Engaging in romantic or sexual relations with an undergraduate student.11
D. No disciplinary sanctions listed in Article VI may be imposed under this Code upon a faculty member without notice of the charges alleged against him or her and the opportunity for a hearing before the Judicial Board or before the Faculty Senate Committee on Tenure and Related Problems.
(i) The Judicial Board shall have jurisdiction if the recommended sanction is a "warning" or "restitution."
(ii) The Faculty Senate Committee on Tenure and Related Problems shall have jurisdiction in all other cases. At any such hearing, the faculty member shall have all rights afforded under the University Senate Code and Regulations to a party before the Judicial Board.
E. Faculty members, groups and organizations may invite and hear any persons of their own choosing subject only to the requirements for use of University facilities.
F. Faculty members shall have the right to participate in the determination of school, department and University policies as stated in Article I, Section 1, of the Rules and Regulations of the Faculty Senate.
G. Subject to reasonable conditions imposed to regulate the timeliness of requests and to determine the appropriateness of the space and time of use requested, and to insure proper maintenance, University facilities shall be made available for assignment to faculty members, individually or in groups, even if though not formally organized. Preference may be given to programs designed for audiences consisting of members of the University community.12
H. Faculty members, groups or organizations may distribute written material on campus without prior approval. The person or persons responsible for such material must be clearly indicated. The use of campus mail for political purposes is prohibited. not permitted. The use of campus mail Its use for solicitation requires prior approval by the Office of the Chancellor.13
Article IV. Faculty Responsibilities
Of the many responsibilities of faculty members, the following are enumerated because of their importance of the maintenance of appropriate faculty-student relations:
A. Protection Against Improper Disclosure. Information about a student’s views, beliefs, and political associations which professors acquired by faculty members in the course of their work as during instruction and ors, advising ers and counseling should be considered confidential. Protection against improper disclosure is a serious professional obligation. A faculty member may provide judgments of ability and character may be provided to potential employers or other third parties under appropriate circumstances, normally with the knowledge or consent of the student. Faculty members shall accord respect to the essentially confidential relationship between the University and its students by preserving to the maximum extent possible the privacy of all records relating to students.14
B. A member of the faculty is expected to meet classes at the regularly scheduled hour and to carry out his or her other academic responsibilities. If a faculty member considers it necessary, for sound academic reasons, to move a class to another time, advance notice must be given to the class and arrangements must be made to assure that the change does not work undue hardship on any member of the class. If prevented from meeting classes or carrying out other academic responsibilities, a faculty member must, if physically able to do so, make satisfactory advance arrangements and communicate, preferably in writing, the nature of these arrangements to his or her chairperson (or dean, if the school in question is not organized departmentally). Such arrangements are subject to the approval of the appropriate chairperson or dean. Each department or school must define what arrangements are considered "satisfactory" in that unit, and appropriately publicize its definition. Failure to comply with the procedures outlined in this paragraph may result in the placement of the faculty member on administratively determined Leave Without Pay by the Vice Chancellor for Academic Affairs. When such Leave Without Pay is imposed, the Vice Chancellor shall notify the faculty member of the action and provide the reasons therefore. In addition, the notice shall advise the faculty member that the Leave Without Pay shall cease, and the faculty member shall resume pay status, upon the faculty member's notification to the Vice Chancellor that the faculty member has resumed his or her attendance or academic responsibilities or otherwise made satisfactory arrangements, which resumption or satisfactory arrangements shall be confirmed by the chairperson or dean. Finally, the notice shall advise the faculty member that if he or she believes the Leave Without Pay to have been improperly imposed, review may be sought by requesting a hearing before the Faculty Senate Committee on Tenure and Related Problems pursuant to Article XV, Section 3, item (vi) of the Senate Code.
Article V. Proscribed Conduct Disciplinary Proceedings
A. Faculty members may be subject to disciplinary proceedings in the following circumstances;
(i) Willful failure of a faculty member to carry out his academic responsibilities.
(ii) Violation of lawful published University regulations.
(iii) Behavior in the discharge of his duties which violates commonly accepted standards of professional ethics.
(iv) Knowingly furnishing false information to the University, or forging, altering, or misusing University documents or instruments of identification with intent to defraud.
(v) Committing an act which involves such moral turpitude as to render the faculty member unfit for his position.
(vi) Engaging in romantic or sexual relations with an undergraduate current student.15
B. As used in this section, conduct involving moral turpitude means intentional conduct, prohibited by law, which is gravely 16injurious to another person or to society and which constitutes a substantial deviation from the accepted standards of duty owed by a person to other persons and society.
C. If another University tribunal or body exists which might properly entertain a claim or charge of conduct proscribed in this section Article V, the processes of that body or tribunal normally must first be exhausted before the jurisdiction of the Judicial Board can be invoked. However, in extraordinary circumstances the Judicial Board may exercise original jurisdiction notwithstanding failure to exhaust remedies available in other University tribunals. Whether such extraordinary circumstances exist as to warrant the exercise of original jurisdiction by the Judicial Board shall be determined by such Judicial Board.
Article VI. Sanctions
A. One or more of the following sanctions, listed in order of increasing severity, may be imposed for proscribed conduct by a faculty member:
(i) Warning. Notice in writing that continuation or repetition of conduct found wrongful, within a period of time stated in the warning, may be cause for more severe disciplinary action.
(ii) Restitution. Reimbursement for damage to or misappropriation of property. This may take the form of appropriate service or other compensation.17
(iii) Recommendation of Censure. Recommendation to the Chancellor that a faculty member be formally reprimanded.
(iv) Recommendation of Suspension. Recommendation to the Chancellor that a faculty member be excluded from teaching and other specified privileges or activities for a definite period not in excess of two years.
(v) Recommendation of Dismissal. Recommendation to the Chancellor that a faculty member be dismissed from the University staff for an indefinite period.
1 The Code is easier to reference and follow with increased numbering/lettering.
2 With the increase of on-line classes and extensions/continuing education, clarify that this applies to on and off campus locations.
3 Obvious, less verbose.
4 To avoid confusion with “person hired by the U to conduct classroom activities” be specific if this means adjunct and TAs. If not, then to be fair, expressly exclude them.
5 Simplification.
6 Simplification.
7 Clarification.
8 Stylistic and consistent formatting.
9 Simplification and consistent formatting.
10 Rather than refer the reading to another section in the Code, more efficient to make direct reference to what conduct would be subject to disciplinary action.
11 Clear boundaries need to be set that relationships with current students and faculty are not appropriate, particularly with undergrads who are particularly vulnerable to the unequal institutional power inherent in the teacher-student relationship and the potential for coercion, because of their age and relative lack of maturity.
12 Less verbose. It is understood that the general regulations of building use will apply ie. Maintenance.
13 Clarification.
14 Clarification and simplification.
15 Clear boundaries need to be set that relationships with current students and faculty are not appropriate, particularly with undergrads who are particularly vulnerable to the unequal institutional power inherent in the teacher-student relationship and the potential for coercion, because of their age and relative lack of maturity.
16 Gravely removed as suggesting too high a bar – and might not cover situations such as verbal harassment or libel/slander.
17 Removed to avoid confusions. Restitution is typically monetary rather than service related. If there’s a wish to retain a community service component, it needs to be expressed in a separate number entitled “community service.”