03.16.21 Senate Minutes

Remarks and Announcements:

Donald Mulvaney, Senate Chair Remarks

The Chair introduced the officers of the senate, the Senate Parliamentarian Al Gage and the Senate Administrative Assistant, Laura Kloberg.

The chair then briefly discussed the advisory role of the Senate in University governance and the issues of concern to university faculty.

He encouraged communication and input from faculty and committed to sharing faculty concerns with administration. The chair introduced and thanked the Senate Steering Committee members and the COVID Ops faculty representatives, Bob Norton and Danliea Werner, for their service.

Chair Mulvaney then moved to identify and recognize resilience and innovation at Auburn University during the COVID era.  The Chair recognized outgoing SGA President Ada Ruth Huntley for her student leadership during COVID.

Question: Herb Rotfeld (Marketing) – Dr. Rotfeld asked the Chair how much is the Senate Parliamentarian paid? Rotfeld noted that the parliamentarian from fall semester was paid $250/hr and that was the first instance of the senate using a paid parliamentarian.

Chair Mulvaney acknowledged that the parliamentarian is paid but was unwilling to share details. Al Gage volunteered that he is paid $250 per hour.

The Chair then invited remarks from AU Administrators.

Jay Gogue, Auburn University President Remarks

The President’s remarks centered on three areas: Board of Trustees changes, State-level items, and Federal-level items impacting Auburn.

• Lloyd Austin has resigned from the Board of Trustees (at large position). Nominations have closed and are being reviewed.  The Board of Trustees hopes to have the replacement confirmed this Spring.

• As part of the Federal CARES Act, Auburn will allocate an additional $8 Million in financial aid to students. Checks will be issued soon, based on need.

• The State legislature is in currently addressing the general fund and the educational trust fund. The Governors proposed budget is favorable to Auburn.

• The Name Image and Likeness Bill is moving in the State house. The bill could allow students to earn income from the use of their images.

• April 9th is when the Alabama mask mandate is scheduled to expire. Auburn will continue to make decisions based on caution.

Ron Burgess, Executive Vice President

Burgess noted that Auburn continues to monitor COVID conditions on campus and in Lee County. Auburn continues to follow medical advice and policies and will make changes on Fridays when warranted.  The COVID Operations Center is still operating and will continue to operate after April 9.

Burgess closed by noting that he will give remarks at the General Faculty meeting on April 30th on the progress of the President’s Task Force on Opportunity and Equity.

Question: Tracy Witte (Senator, Psychological Sciences) – Auburn’s sentinel testing program does not ask participants if they have been vaccinated. Is this not an important piece of information?  

VP Burgess could not give a reason why this question is not being asked and committed to investigating and sharing his findings.

Question: Michael Stern (Economics) – Regarding the Governor’s order, Stern asked VP Burgess if he and the chair have “done everything practical to maintain 6 feet of social distancing” over the past 9 months.  Stern referred specifically to his lack of authority to require students to separate and his ability enforce social distancing in his classrooms. Unlike other Universities, Auburn has not given faculty this authority.

VP Burgess replied that Auburn is, in principle, following the Governor’s order. He referred Dr. Stern to the Provost’s Office for specific classroom issues.

Question: John Beckmann (Senator, Entomology and Plant Pathology) – Faculty salaries were frozen at the beginning of the pandemic. With the new, favorable budget picture emerging, will there be any consideration to go back and award faculty who have performed well?

VP Burgess referred the question to the Provost. The Board of Trustees determines budgets and salaries going forward.

Question: Spencer Durham (Senator, Pharmacy Practice) - As a member of the Governor’s COVID Task Force, Durham noted that the social distancing recommendations in the order are not enforceable at all times.

Dr. Stern responded that the Governor’s order was not a recommendation but rather an order of “shall comply” with misdemeanors attached for failure to comply. Dr. Stern returned to the classroom example as a failure of the institution to be practicable in scheduling classes.

Bill Hardgrave, Auburn University Provost Remarks

The Provost gave two quick updates on searches.

• The COSAM Dean search is underway. Candidates have been identified finalist visits to the campus will include open forums.

• Commencement for Spring Semester will include a Friday night commencement address in the Stadium.  Degrees will be conferred with PhD and Masters students walking the stage.  On Saturday, undergraduate degrees will be conferred at the stadium and arena by colleges

• Regarding faculty travel, the Provost said that domestic travel approval has returned to the pre-pandemic process. International travel still requires approval from the Provost’s Office. The Provost’s Office has committed to a “provisional yes” to international requests.

The provost closed by noting that Auburn is in week 10 of Spring Semester and thanking everyone for their efforts.

Action Items

Motion that the Senate adopt the resolution regarding HR

Presenter: Roy Hartfield, Aerospace Engineering

Hartfield gave the background behind his motion to the February Senate meeting.  He then presented the statements of the motion and the resolutions he wished the Senate to adopt. The full text of the motion, from the senate agenda, was shared with meeting attendees.

Chair Mulvaney noted that the Senate Executive Committee has been involved on the topic from the day the document was sent to faculty. He emphasized that there is now a statement in the document noting that none of the items supersede or abrogate the faculty handbook.

Hartfield closed by acknowledging the inclusion of the faculty handbook statement, but argued that the text of the document is now in self-conflict. 

The Chair invited Jamie Hammer, University Legal counsel to comment. Hammer spoke on the recent process for modifying the policy, it’s applicability to faculty, and the question of if the policy conflicts with the faculty handbook. She stressed that the policy on policies was followed so the process was sound. She argued that this is a policy of general applicability to all University personnel including faculty. Regarding conflict with the faculty handbook, she stated that the policy does not modify the faculty dismissal and disciplinary processes outlined in the handbook. The rules of behavior apply to everyone, but the dismissal process differs for faculty.

Question: Michael Stern (Economics) – Does the creation of a rival dismissal policy to the one in the faculty handbook indicate that the administration could just as easily, without consulting with faculty, create a rival tenure and promotion policy? Stern voiced concern that the HR document does not refer anywhere to faculty tenure and separate faculty dismissal processes.

Hammer responded that policies that apply only to faculty, such as tenure & promotion and dismissal, are in the handbook with any changes being subject to Senate and Board approval. Some policies, despite being in the HR document will apply only to certain employees. She used the example of time clock policies applying only to certain non-exempt AU employees.

Question: Dr. Hartfield, citing dismissal language in the HR document as an example, asked Hammer to discuss the conflict between statements in the HR Document claiming it applies to everyone, including faculty, against the statement at the end of the document stating it does not apply to faculty when in conflict with the Faculty Handbook. At issue is the addition of faculty to the “subject to immediate dismissal” language for employee conduct infractions. Hammer responded that the job conduct rules apply to everyone, but that the dismissal processes may differ between faculty and other employees, with the faculty dismissal process coming from the Handbook.

Comment: Ralph Kingston (secretary-elect). Kingston expressed his conclusion that the “subject to immediate dismissal” language does not mean that someone is immediately dismissed. Rather, faculty found to have committed a conduct infraction of an egregious nature from a common set of rules would immediately be subject to the dismissal process in the Handbook. The Handbook process allows for faculty to be involved in the dismissal process and to determine appropriate sanctions independent of the HR policy. Hartfield responded that the caveats for faculty should be placed specifically into the HR document.  He suggested that the Senate take up a policy that clarifies faculty rights and processes unmentioned in the HR Document.

Comment: John Beckmann (Senator, Entomology and Plant Pathology). Beckmann expressed concerns over the types of infractions listed in the document as “subject to immediate dismissal.” He argued that some should not apply, and others could impact free expression of faculty.

Comment (Michael Stern, Economics) – Stern noted that versions of this staff conduct policy document date back to at least 2005 and have not, until now, included references to being applicable to faculty. By simply adding the words “and faculty” to the scope of a document structured specifically for staff, those who made this revision failed to acknowledge the Faculty Handbook processes required of faculty supervisors when responding to conduct offenses.  Stern closed by saying that ay changes in discipline policy or processes must go through the senate.

The Chair called for a vote on the Motion.

In favor of the Motion - 47

Opposed to the Motion - 7

              The Motion Passes     

Action Item – Voting on Nominees to the Rules Committee

Greg Schmidt, Senate Secretary

Schmidt described the election process and named the nominees.

Jennifer Lockhart (Senator, Philosophy)

Ken Macklin (Senator, Poultry Science)

Jamie Harrison (Senator, Curriculum and Teaching)

Hearing no objections from the floor, the Chair called for a vote on the slate of nominees.

58 in favor

0 opposed

The Nominees were elected to the Rules Committee

Pending Action Item –  

Establishment of a Senate Diversity, Equity, and Inclusion Committee

Ralph Kingston, Secretary-elect

Kingston presented the proposed revision to the Senate Constitution which would create a Senate Diversity Committee. He noted details on the proposed membership of the committee, the committee roles in organizing and communicating, and reporting DEI initiatives on campus along with serving to monitor and receive information from faculty and units across campus. Kingston added that a representative from University Outreach may be needed on the committee. He closed by noting this proposal is a constitutional change and will require a 2/3 vote of the Senate in April.

Comment: David Mixson (Senator, Outreach) – Mixson stated that University Outreach would welcome the addition of a place on the committee for an Outreach representative.

Informational Items

Voting on Senator Officer-elect Candidates

Greg Schmidt, Senate Secretary

Schmidt gave a brief overview of the Campus Web Solutions interface for officer-elect voting. He gave the names of the candidates, the exact dates and times the voting interface would be open, and the date of the certification. He then shared his screen to walk through the voting interface and the guide to voting. He closed by encouraging senators contact Senate Executives if they or their colleagues have any problems with the interface. He asked Senators to both participate in the election and to encourage their colleagues to do the same.

COVID Resource Center Update 

Bob Norton, COVID Resource Center Faculty Representative

Chris O’Gwynn, Director, CRC

O’Gwynn showed meeting attendees the CRC webpage and discussed page updates and FAQ updates. He encouraged all people with COVID-related questions to first check the website and FAQ before calling the CRC phone numbers.  

Norton added that questions are coming in regarding vaccinations. He reiterated that the AU queue for vaccinations is active and that EAMC remains a good option for receiving a vaccination.  Norton encourage faculty to use their chains of command if they have questions that are specific to their faculty position.

SGA “Did You Know Corner”

Rett Waggoner, SGA President

Waggoner stated that the new SGA Officers were sworn in on Feb. 28th, 2021. SGA Executive positions and appointments are in the process of being settled.  Waggoner informed the Senate that SGA goal setting is underway and he intends to share information on that topic at the April meeting.

Question: Jennifer Stone (Mathematics and Statistics ) – Stone asked Provost Hardgrave if the University will pay for HonorLock  for online courses during Summer Semester. The Provost answered that he believes that, yes, the contract with HonorLock extends through the Summer. He committed to confirming that it will be available.

New Business –

None

Unfinished Business -

None

Adjournment

Chair Mulvaney adjourned the meeting at 4:57pm

Respectfully Submitted,

Greg Schmidt

Secretary, University Senate

Attendance