{"id":1962,"date":"2021-09-10T08:48:24","date_gmt":"2021-09-10T14:48:24","guid":{"rendered":"https:\/\/web.saumag.edu\/faculty-staff\/?p=1962"},"modified":"2021-12-10T08:56:13","modified_gmt":"2021-12-10T14:56:13","slug":"september-2021-minutes","status":"publish","type":"post","link":"https:\/\/web.saumag.edu\/faculty-staff\/2021\/09\/10\/september-2021-minutes\/","title":{"rendered":"September 2021 Minutes"},"content":{"rendered":"
Minutes of the Faculty Senate<\/strong><\/p>\n Virtual Meeting in Zoom<\/strong><\/p>\n September 16, 2021<\/strong><\/p>\n Present: Senators Almotairi, Logan, Valenzuela, Pfannenstiel, Petty, Oden, Coppersmith, S. Schroeder, Schneiderwind, T. Schroeder, Tucker, White, Fanning, Paulson, Wilson, Overholser, Hudgens, Nelson<\/p>\n Ex-officio and guests: Trey Berry, David Lanoue, Donna Allen, Jennifer Rowsam, Sheryl Edwards, Robin Sronce, Kim Bloss, Helmut Langerbein, Abdel Bachri, Marissa Grippo, Kayla Rasberry, Gerald Plumlee, Karen Landry, Greg Taylor, Jeremy Chamberlain<\/p>\n Call to order: 3:40 pm<\/p>\n Approval of Minutes<\/strong><\/p>\n Minutes from August 19, 2021 were approved with corrections to the spelling of two Senators names (motion \u2013 Fanning, second \u2013 Logan).<\/p>\n Special Orders of the Day<\/strong><\/p>\n Comments from SAU President, Dr. Trey Berry<\/p>\n Comments from Provost Lanoue<\/p>\n Dr. Lanoue indicates that the quick answer is no. The long answer is that they were based on individual college circumstances. The Rankin College of Business Associate Dean was the result of an internal reorganization into a single department with an Associate Dean acting in the role of Department Chair. The College of Science and Engineering Assistant Dean was created during the negotiating process during the hire of the present college dean due to the large diversity in the college in terms of majors, programs, and departments. The Graduate School Associate Dean position came about because Dr. Bloss currently holds the position of Dean of the College of Education and Human Performance as well as Dean of Graduate Studies. Senator T. Schroeder inquired as to whether the positions in Graduate Studies and in Science were purely administrative appointments or whether they were faculty-driven. Dr. Lanoue indicated that the position in Graduate Studies was an administrative appointment but that he could not recall as clearly about the position in Science.<\/p>\n Recommendations from the Quality Executive Council (QEC) and Dr. Jennifer Rowsam<\/p>\n Reports of Committees<\/strong><\/p>\n No reports from the standing committees of the Senate<\/p>\n Ad hoc Committee on the Faculty Sanctions Policy (proposal attached)<\/p>\n Senator Logan indicates that the policy was developed initially last year with revisions over the summer in committee with the help of Provost Lanoue and VPA Roger Giles. The report from the committee was presented by Senator Logan as a motion to refer the policy to the Faculty Senate Handbook Committee for approval (White second). Motion carried unanimously.<\/p>\n New Business<\/strong><\/p>\n Adjourn<\/strong><\/p>\n Motion to Adjourn (Motion \u2013 White, second \u2013 Hudgens) at 5:03 pm. Motion carries unanimously.<\/p>\n Next meeting of the Faculty Senate is scheduled for Thursday, October 21st<\/sup> at 3:40 pm.<\/p>\n <\/p>\n IMPOSING SANCTIONS FOR ALLEGED VIOLATIONS OF POLICY <\/strong>AND DISCHARGE FOR CAUSE<\/strong><\/p>\n Imposing sanctions for violations of University policy and\/or termination of a tenured or non-tenured appointment before the end of the period specified in the faculty member\u2019s current contract may be effected only for adequate cause.<\/p>\n Grounds<\/strong><\/p>\n Adequate cause for dismissal must directly and substantially relate to the fitness of faculty members in their professional capacity as academics. Dismissal shall not be used to restrain faculty members in the lawful exercise of any individual legal rights.\u00a0 Adequate causes for termination of a contract before the end of its specified term are defined as follows:<\/p>\n <different section><\/p>\n <\/a>Faculty Sanctions for Cause<\/strong><\/p>\n Effective performance and development of each faculty member is a mutual concern and responsibility of the faculty and of the University. At times, the imposition of a sanction may be necessary as a corrective measure. A sanction is a documented action in response to improper performance of duties, responsibilities, or conduct by a faculty member.<\/p>\n <\/a>The University has, and retains, the right to apply sanctions to faculty members, ranging from lesser sanctions such as reprimand up to and including major actions, such as termination of employment. Sanctions will be applied for just cause, based on stated grounds, and will be determined on the basis of the appropriateness of the penalty imposed for each individual situation.<\/p>\n Timeliness, fundamental fairness, and appropriate procedural processes and safeguards are held in high regard. Each case will result in a thorough review by the appropriate supervisors of the issues relating to a) the conduct of the accused and b) an appropriate sanction(s).<\/p>\n Types of Sanctions<\/strong><\/p>\n The severity and type of sanction selected for a particular offense must be appropriately related to the nature and circumstance of the case. For some sanction types, the sanction is a definitive terminal penalty, whereas other types may incur a penalty to be carried out for a limited or specified duration of time.\u00a0 The types of disciplinary sanctions that may be imposed on a faculty member, with or without tenure, are described below in order of increasing severity.<\/p>\n Due to the nature of specific behaviors deemed applicable to major sanctions, a \u201crelief of duties\u201d may be assigned for a period of time along with a major sanction. This relief of duties not only refers to teaching assignments or roles consistent with one\u2019s job description but also could include limited or prohibited access to university resources for the duration of the sanction period.<\/p>\n <\/a>Principles and Definitions<\/strong><\/p>\n This section describes the general principles and definitions of terms applying in instances in which the University investigates alleged violations of University policy by a faculty member, after which (should clear and convincing evidence support the allegation) the administration imposes sanctions. In certain cases, violation of University policy may also entail violation of the policies of external organizations; consequently, cases alleging discrimination\/discriminatory harassment or misconduct in scholarly activity or research require special procedures to ensure compliance with external agencies and regulations. Nevertheless, the following general procedures and principles apply for\u00a0all\u00a0allegations against a faculty member for violation of a University policy.<\/p>\n (1) Purview\u00a0\u00a0\u00a0\u00a0<\/strong>The procedures spelled out in this section of this\u00a0Faculty Handbook\u00a0<\/em>shall be the sole method for investigating and\/or resolving any complaint against a faculty member, unless otherwise mandated by law or policy of the United States or the State of Arkansas.\u00a0 Standards regarding faculty conduct and responsibilities are provided in the section titled Academic Freedom, Responsibility, and Tenure.<\/p>\n (2) Initiation of Allegations\u00a0\u00a0\u00a0\u00a0<\/strong>Allegation\u00a0<\/em>means any written or oral complaint of violation of University policy made to an appropriate administrative officer. A\u00a0good faith\u00a0<\/em>allegation is one made with the honest belief that a violation may have occurred.\u00a0 According to the U.S. Office of Research Integrity, an allegation is not made in good faith \u201cif it is made with reckless disregard for or willful ignorance of facts that would disprove the allegation (1995)\u201d. \u00a0 The\u00a0Administrative Officers\u00a0<\/em>empowered to receive allegations and to initiate inquiries are a) the program director, chair, and\/or dean to whom the faculty member reports and b) the Provost.\u00a0 Allegations of discrimination or discriminatory harassment may also be made to the Equal Employment Opportunity and Affirmative Action (EEO\/AA) Officer,\u00a0or in the case of sex\/gender discrimination, to the Title IX Coordinator.<\/p>\n (3) Deciding Officials<\/strong>\u00a0\u00a0\u00a0 The\u00a0Deciding Official\u00a0<\/em>is the administrative officer who makes the final determination that a policy has been violated and decides the appropriate institutional action.\u00a0 In cases in which the complaint is resolved during the stage of informal investigation and mediation, the deciding official may be the academic dean, the EEO\/AA officer (in cases alleging discrimination or discriminatory harassment), or the Provost.\u00a0 In cases in which the complaint is resolved during an inquiry, the deciding official maybe the program director, chair, or academic dean, the EEO\/AA officer (in cases alleging discrimination or discriminatory harassment), or the Provost.\u00a0 In cases that proceed to the stage of formal investigation and resolution, the deciding official(s) shall be the President, and\/or the Board of Trustees.<\/p>\n (4) Inquiry, Investigation, and Mediation<\/strong>\u00a0\u00a0\u00a0\u00a0Inquiry\u00a0<\/em>describes the stage in which the administrative officer suspects or receives an allegation of violation of policy, determines the validity of the allegation, and seeks to resolve the problem.\u00a0 An\u00a0informal investigation and\/or mediation\u00a0<\/em>occurs when preliminary attempts to resolve the matter fail or when the allegation makes private resolution impossible (for example, because of the gravity of the situation or because a granting agency requires at least informal investigation). Informal investigations gather and dispense information, attempt to mediate the complaint, and\/or determine whether a formal investigation is warranted.\u00a0\u00a0\u00a0Formal investigation and resolution\u00a0<\/em>describes the adjudicating committee\u2019s examination and evaluation of the evidence supporting the charge and the determining officer\u2019s decision based on the committee\u2019s findings.<\/p>\n (5) Standards of Proof<\/strong>\u00a0\u00a0\u00a0 Before any sanction is imposed, the determining officer<\/em> must conclude that there is clear and convincing evidence in support of the allegation.\u00a0 \u201cClear and convincing evidence\u201d does not require evidence that is beyond a reasonable doubt; it is defined as that degree of proof that will produce a firm belief in the allegations sought to be established. Clear and convincing evidence thus is an intermediate standard requiring more than a preponderance of evidence, but less than the certainty required by evidence that is beyond a reasonable doubt.<\/p>\n (6)\u00a0 Sanctions<\/strong>\u00a0\u00a0\u00a0There are two types of sanctions:\u00a0 Minor and Major.<\/p>\n (7) Safeguards Against Retaliation<\/strong>\u00a0\u00a0\u00a0\u00a0Retaliation\u00a0<\/em>refers to any action taken by the University, a faculty or staff member, or group of faculty or staff members, against an individual or individuals because the latter have, in good faith, made or provided evidence in support of an allegation.\u00a0 Acts of retaliation violate the 1999 Arkansas Whistle-Blower Act and are subject to investigation and disciplinary action if the allegation of retaliation is substantiated.<\/p>\n (8)\u00a0 Confidentiality\u00a0\u00a0\u00a0\u00a0<\/strong>In all proceedings, confidentiality will be maintained to the greatest extent possible.\u00a0 The administration will guard any involved member\u2019s anonymity as much as is in their control throughout the pending investigation.\u00a0 Notes, reports, files, or other written documents may be kept about the inquiry or investigation but shall not be placed in an employee\u2019s personnel file.\u00a0Because the mere suspicion of wrongdoing, even if totally unjustified, is potentially damaging to an individual\u2019s career, information concerning any investigation should be available only to those with a right or a need to know. An unwarranted reference to an exonerated case may in itself constitute misconduct.<\/p>\n In accordance with 1999 Arkansas Whistle-Blower Act, the university will take steps to protect the complainant as necessary as an investigation ensues.\u00a0 Faculty can be investigated via the process described in this section as well as through the Title IX process depending on the alleged improper behavior(s). \u00a0Should external regulation or safety concerns require the administrative officer to pursue an inquiry and\/or investigation, the complainant\u2019s identity will be kept confidential to the extent possible, but the faculty member shall be apprised of the allegation and have access to any written documents produced by University officials or committees.<\/p>\n (9)\u00a0 Faculty Notification and Access to Files<\/strong>\u00a0\u00a0\u00a0 As mentioned in #8 above, nothing concerning allegations against a faculty member shall be kept in a faculty member\u2019s personnel file by any committee, officer, or office of the University except as required by state or federal policy. This process should be followed unless the faculty member is notified of the existence of, and provided access to, the written material (notes, reports, images, files, etc.). The faculty member shall also be afforded the opportunity to respond to the allegation and to have that response added to the written record. (This standard does not apply to conversations or discussions that do not result in further inquiry or investigation and\/or enduring notes, reports, files, or other written documents).<\/p>\n (10) Remedies and Sanctions\u00a0\u00a0\u00a0\u00a0<\/strong>Remedies and sanctions are described in the Minor Sanctions and Major Sanctions sections of this document.<\/p>\n (11)\u00a0 Appeals of Sanctions\u00a0\u00a0\u00a0\u00a0<\/strong>Should a faculty member, at the end of a formal investigation, receive a sanction, he or she may appeal the sanction by requesting a review from the Mediation Committee on the grounds of procedural irregularities or new evidence for consideration which was not available at the time sanction was recommended.\u00a0 This is the first step in the appeals process.\u00a0 Procedures for appeals are in section (##.##).<\/p>\n (12)<\/strong>\u00a0 Publicity<\/strong>\u00a0 Dismissal for cause of a faculty member is an extreme measure, undertaken only for the protection of the University and of the members of the University community. The proceedings leading to this measure are not intended either to subject the dismissed faculty member to public censure or to compromise unduly the possibility of their employment elsewhere. For this reason, hearings are private unless the faculty member decides that they should be open to the University community.\u00a0 No public announcement of the initiation of the procedure aiming at dismissal for cause, of any later stages of the procedure, or of the final disposition of the case will be made, unless the faculty member requests\u2014in writing addressed to the President\u2014that a public announcement be made. Upon such a request, the President or the President\u2019s representative shall make an appropriate announcement. The announcement of a dismissal for cause shall include summary statements of the charges and of the decisions of the Faculty Appeals Committee, the President, and the Board of Trustees. Confidentiality will be maintained consistent with Arkansas law.<\/p>\n The same provisions shall apply, with the necessary adjustments, to procedures aimed at the imposition of sanctions other than dismissal for cause. Except when the nature of the sanction itself requires disclosure (e.g., censure, public apology), the fact that the sanction was imposed and a summary of the established charges shall be disclosed only to the extent strictly necessary.<\/p>\n To the extent possible, public statements and publicity about the case will be avoided by the faculty member, the committee, and administrative offices until the proceedings have been completed, including consideration by the Board of Trustees. If a public statement about a case is made by the faculty member concerned or by any other person while the proceedings are still in progress or after they are concluded, the President shall have the right to a public reply.<\/p>\n <different section><\/p>\n Process for Faculty Hearings Regarding Imposition of Sanctions<\/strong><\/p>\n <\/a>Procedures for Imposition of Sanction other than Dismissal<\/strong><\/p>\n Addressing Allegations<\/em> – When the appropriate deciding officer receives an allegation that a faculty member has violated University policy, or when that officer finds evidence that a faculty member under their supervision has violated University policy, that administrator shall first discuss the allegation and\/or offending conduct with the faculty member.\u00a0 If the officer determines that there is reason to proceed, the officer shall define the violation and explain relevant policy and procedures in writing, when required by the sanction.\u00a0 This action includes any sanctions (minor or major) that may be imposed on the faculty member.\u00a0 The deciding officer shall provide the faculty member an opportunity to respond and shall seek a solution that is mutually satisfactory to all parties involved (e.g., an agreement to stop the offending conduct, amelioration, and\/or remediation).<\/p>\n Faculty Sanctions \u2013 If the administration believes that the conduct of a faculty member, although not constituting adequate cause for dismissal, is sufficiently serious to justify imposition of a sanction, the process presented in this section should be followed.\u00a0 This process applies to sanctions defined as minor or major.<\/p>\n Within five (5) working days of this notification, the president or a delegate of the president will provide a written statement declaring the administration\u2019s position to the Faculty Appeals Subcommittee.\u00a0 This statement will offer clear and convincing evidence substantiating the administration\u2019s position, including all pertinent facts of the case.\u00a0 When sanctions are imposed for just cause, the president or a delegate will provide a list of charges.\u00a0 The statement of charges will be transmitted to the faculty member and to the chair of the Faculty Appeals Subcommittee for a hearing.<\/p>\n The Faculty Appeals Subcommittee, in consultation with the President and the faculty member, should exercise its judgement as to whether the hearing should be public or private. The parties of both sides will submit in writing the name of an academic advisor and\/or counsel, if desired, and the name of any witnesses, to the chairperson of the Faculty Appeals Subcommittee as least one (1) week prior to the hearing. At the request of either party or the hearing committee, a representative of a responsible educational association shall be permitted to attend the proceedings as an observer. The committee will invite the University President or a representative. Each of the following may invite one observer: the faculty member, the President, and the committee. Questioning of witnesses will be limited to members of the Faculty Appeals Subcommittee, the faculty member involved, and the President or the President\u2019s representative. The faculty member and the administration shall have the right to confront and cross-examine all witnesses. Questioning shall be relayed through the chair to the person to whom the question is directed.<\/p>\n The Faculty Appeals Subcommittee will proceed by considering the justification for the faculty member\u2019s sanction(s), as well as the faculty member\u2019s response written prior to the hearing. A verbatim record of the hearing will be taken, and a printed copy will be made available to the faculty member without cost at the faculty member\u2019s request. The \u201cburden of proof\u201d that adequate cause exists for the imposition of a major sanction rests with the institution and shall be satisfied only by clear and convincing evidence in the record considered as a whole. Every possible effort will be made to obtain the most reliable evidence.<\/p>\n Following the hearing, the Committee will meet in closed session and draft a report stating a recommendation regarding each of the charges presented during the hearing. A copy of these recommendations will be submitted to the President and the faculty member.<\/p>\n If they do not uphold the decision of the Faculty Appeals Committee, the Board of Trustees will return the proceedings to the Committee, the President, or the President\u2019s appointed representative with specific objections. The Committee will then reconsider the matter by taking into account any stated objections or new evidence.\u00a0 The Board of Trustees will make a final decision only after study of the hearing committee\u2019s reconsideration.\u00a0 The Board of Trustees will so report to the president who will then inform the faculty member and the Faculty Appeals Subcommittee of those findings.<\/p>\n <\/p>\n SOUTHERN ARKANSAS UNIVERSITY – MAGNOLIA<\/strong><\/p>\n ACADEMIC COMMITTEE<\/strong><\/p>\n 2021-2022<\/strong> The mission of the Institutional Animal Care and Use Committee (IACUC) is to ensure the humane care and use of animals in research, teaching, and testing, and to ensure compliance with guidelines and regulations.\u00a0 The Institutional Animal Care and Use Committee (IACUC) must approve any activities that involve the use of live vertebrate animals. Specific examples of such activities and\/or uses are:\u00a0 research, including field studies and clinical trials; use of blood donor animals; or other animal research covered by the federal or state regulations.<\/p>\n Research does not include the normal day-to-day management such as routine care of farm animals or poultry.<\/p>\n Faculty are expected to obtain IACUC approval for these activities regardless of where the animals are maintained and\/or the project is carried out. However, if a project is to be done at a site or in cooperation with an institution that has its own Animal Care and Use Committee, a copy of that committee’s approved form may be submitted to the IACUC.\u00a0 Committee members agree to meet training requirements established by the United States Department of Agriculture (USDA) and the United States Public Health Service (PHS).<\/p>\n Chair, appointed by the president, may or may not already be a member of the committee<\/p>\n Faculty, four (4)<\/p>\n three (3) from College of Science and Engineering (one must be practicing scientist) Departments of Biology and Agriculture must be represented<\/p>\n one (1) from a non-scientific area<\/p>\n Veterinarian<\/p>\n Person not affiliated with SAU<\/p>\n Ex officio (non-voting)<\/strong><\/p>\n Students, two (2), Staff Senator<\/p>\n III Resource and Support positions<\/strong><\/p>\n CEO<\/em> is the president of Southern Arkansas University<\/p>\n Institutional Officer (IO)<\/em> is responsible for ensuring that an institution complies with all applicable animal welfare laws, regulations, and policies.\u00a0 The IO signs forms etc. on behalf of the institution.\u00a0 This includes assurances and other required reporting and recording keeping documents.<\/p>\n University Counsel<\/em><\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Communications Center Representative<\/em><\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 IRB representative<\/em><\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Financial Services Grant Officer<\/em><\/p>\n \u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 <\/em><\/strong>Farm Staff Representative<\/em><\/p>\n","protected":false},"excerpt":{"rendered":" Minutes of the Faculty Senate Virtual Meeting in Zoom September 16, 2021 Present: Senators Almotairi, Logan, Valenzuela, Pfannenstiel, Petty, Oden, Coppersmith, S. Schroeder, Schneiderwind, T. Schroeder, Tucker, White, Fanning, Paulson, Wilson, Overholser, Hudgens, Nelson Ex-officio and guests: Trey Berry, David Lanoue, Donna Allen, Jennifer Rowsam, Sheryl Edwards, Robin Sronce, Kim Bloss, Helmut Langerbein, Abdel Bachri,… Read More<\/a><\/p>\n","protected":false},"author":564,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_genesis_hide_title":false,"_genesis_hide_breadcrumbs":false,"_genesis_hide_singular_image":false,"_genesis_hide_footer_widgets":false,"_genesis_custom_body_class":"","_genesis_custom_post_class":"","_genesis_layout":"","footnotes":"","_links_to":"","_links_to_target":""},"categories":[8422],"tags":[],"class_list":{"0":"post-1962","1":"post","2":"type-post","3":"status-publish","4":"format-standard","6":"category-minutes","7":"entry"},"_links":{"self":[{"href":"https:\/\/web.saumag.edu\/faculty-staff\/wp-json\/wp\/v2\/posts\/1962","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/web.saumag.edu\/faculty-staff\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/web.saumag.edu\/faculty-staff\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/web.saumag.edu\/faculty-staff\/wp-json\/wp\/v2\/users\/564"}],"replies":[{"embeddable":true,"href":"https:\/\/web.saumag.edu\/faculty-staff\/wp-json\/wp\/v2\/comments?post=1962"}],"version-history":[{"count":0,"href":"https:\/\/web.saumag.edu\/faculty-staff\/wp-json\/wp\/v2\/posts\/1962\/revisions"}],"wp:attachment":[{"href":"https:\/\/web.saumag.edu\/faculty-staff\/wp-json\/wp\/v2\/media?parent=1962"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/web.saumag.edu\/faculty-staff\/wp-json\/wp\/v2\/categories?post=1962"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/web.saumag.edu\/faculty-staff\/wp-json\/wp\/v2\/tags?post=1962"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
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\nInstitutional Animal Care and Use Committee (IACUC)<\/p>\nI. Mission<\/h2>\n
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\nFaculty Senator (if one is not elected to the committee)<\/p>\n