NOVEMBER 10, 2010

Robinson Hall B113,  3:00  - 4:15 p.m.


I.          Call to Order


II.        Approval of the Minutes of October 6, 2010


III.       Announcements

Rector Volgenau

Director Jim Olds, Krasnow Institute


IV.       New Business - Committee Reports

             A.  Senate Standing Committees

Executive Committee

Academic Policies

Motion:  Addition to Catalog Copy – Final Exams                                  Attachment A

Budget & Resources

Faculty Matters

Nominations                                                                                         Attachment B

Organization & Operations

Resolution to Amend the Charge of the Minority and Diversity Issues Committee

                                                                                                             Attachment C

Recommendations on the Proposed Code of Ethics                               Attachment D


             B. Other Committees 


V.        Other New Business

A.    Enrollment Services – Linda Schwartzstein, Vice Provost for Academic Affairs and Vice President for Enrollment Services


VI.       Remarks for the Good of the General Faculty

VII.     Adjournment


Motion from the Academic Policies Committee: 

Under Catalog copy about Final Exams
Proposed addition (add after section on absences, pg. 36)

Add: Students who have more than one examination scheduled at the same time or more than two examinations scheduled on the same day should consult their instructors to request rescheduling.


Election of Faculty Representatives:

Provost's Regulatory Committee

Faculty Representatives:  Peter Pober (CHSS), Bob Smith (CHSS), Susan Trencher (CHSS)  Provost appointees:  Deborah Boehm-Davis (Chair/Professor, Psychology,CHSS),  Martin Ford (Sr. Associate Dean, CEHD), Mike Lasofski (Director, Office of Sponsored Programs), Claudia Rector (Assistant Provost for Academic Affairs),  Walt Sevon (Executive Director, Technology Systems Division), Brian Walther, (Senior Associate University Counsel), Ying Zhou (Director, Institutional Assessment), Julie Zobel (Executive Director, Environmental Health and Safety).


Nigel Waters is nominated to serve as Faculty Senate Representative to the TIAA/CREF Scholarship Committee.

John H. Crockett is nominated to serve as Faculty Representative to the BOV's new Other Business Opportunities Committee.  



Resolution to Amend the Charge of the Minority and Diversity Issues Committee:

Whereas, there is no substantial rationale to exclude term faculty from service on the Minority and Diversity Issues Committee; and

Whereas, the Committee addresses issues that impact all faculty, not just tenured and tenure-track faculty; and

Whereas, composition of the Committee is determined by a vote of duly elected members of the Faculty Senate;

Be it resolved: 

That the Minority and Diversity Issues Committee charge be revised to insert “Term” at the beginning of the second sentence under Composition as follows:

Term, tenured and tenure-track faculty are eligible to serve on this Committee.

[Minority and Diversity Issues Committee  Charge:

The Minority and Diversity Issues Committee (approved by the Faculty Senate on March 18, 1998) incorporated and revised duties previously addressed by the ad hoc Minority Affairs Committee and the ad hoc Diversity Issues Committee. effective September 1998.

Composition: Five members. Tenured and tenure-track faculty are eligible to serve on this Committee. Members serve staggered two-year terms.

Charge: To work in concert with the Equity Office, Minority Students Services Office, other pertinent administrators, and campus organizations in developing and implementing means to ensure nondiscrimination, tolerance, and protection of the rights of all persons affiliated with the University; and to facilitate dialogue among those connected with the University and those in the broader community on matters concerning minority populations and diversity issues.]


O&O  Action on Code of Ethics

After reviewing the feedback from Faculty Senate members on the Code of Ethics, and closely reading the Code to identify the areas of primary faculty concern, the O&O Committee offers this feedback to Tom Hennessey regarding bringing the Code for a formal vote of approval by the Faculty Senate:

*there is some vagueness in terminology which left faculty members uneasy about what was covered and disallowed.  Included among these phrases were “free of personal conflicts” and “appearance of impropriety” (1); “anything of value in consideration of performing our public duties” (2); and “mindful of the public cost” (7).

*we looked closely at the rigidity of the requirements, and felt that the verbs “encourage” and “expected” were sufficient to convey the normative statement set by the code (e.g., for reporting in 6 and 8).

We offer the following possibility for moving forward with the Code in the face of faculty concerns (see Code of Ethics below for mark up):

*Strike the last two sentences of clause 1 (appearance of impropriety is vague, as is conflicting interests);

*Strike the first sentence of clause 2 (too broad, could include free texts as part of making on informed decision about course materials, or a bottle of wine by a grateful graduate student);

*Strike the last part of clause 7 after University (public cost seems misplaced in this clause about improving performance, which is arguably covered in clause 1).

While there are no guarantees about actions taken by the Faculty Senate, it seems to us that these clauses are among the vaguest and most objectionably interpretable, and that there is a much higher chance of Faculty Senate endorsement without these sentences.

  1. We perform our public responsibilities, services and activities ethically, competently, efficiently and honestly, in keeping with University policy and applicable law. We expect that all necessary and proper controls safeguarding public resources are in place and observed, with periodic auditing of functions and departments by the State Auditor of Public Accounts and/or the University’s Internal Audit and Management Services. While in the service of the University, we conduct ourselves free of personal conflicts or appearances of impropriety, mindful that our exercise of authority on behalf of the University has been delegated fundamentally for the public good. Conflicting interests or influences are promptly disclosed to our superiors and appropriate steps are undertaken to promote the integrity of University business and other transactions.
  2. We do not accept anything of value offered in consideration of performing our public duties, other than the compensation, benefits and reimbursement of expenses duly authorized by the University or otherwise permitted by law. We do not accept any favor, loan, service, business or professional opportunity from anyone knowing (or when it should be known) that it is offered in order to improperly influence the performance of our public duties, or when acceptance thereof may reasonably be perceived as an impropriety in violation of University policy or state law. University procurements of goods or services are undertaken only by authorized personnel and, when competitive principles apply, decisions are made impartially and objectively in accordance with established policy and state law.
  3. We preserve and respect the confidentiality of University records, including individual and student records. We do not externally disclose confidential records or other nonpublic information without appropriate authorization, and any confidential record or information we access as a result of our position or duty is neither exploited for personal benefit nor misused for any unauthorized purpose.
  4. We are committed to the principles of federal and state law guaranteeing equal opportunity and nondiscrimination with respect to University services, programs, activities and employment, and we support an environment that respects the rights and opinions of all people. Complaints of discrimination, harassment and retaliation are investigated and when warranted appropriate corrective action is taken and disciplined in accordance with University policy and applicable law.
  5. Our communications on behalf of the University with all persons, including co-employees, clients, customers, students, guests and vendors, are conducted professionally and with civility.
  6. We do not condone dishonesty in any form by anyone, including misuse of University funds or property, fraud, theft, cheating, plagiarism or lying. We encourage and expect reporting of any form of dishonesty, and our managers and supervisors to appropriately investigate such reports. We also expect that the police and/or State Auditor of Public Accounts will be notified when circumstances reasonably indicate fraud or theft of University funds.
  7. We strive for continuous improvement in our performance of public duties for the University. mindful of the public cost to our activities which must be reasonable and appropriately authorized.
  8. We bring to the attention of supervisors and managers, the University auditor or other responsible University office, any violation of these principles or circumstances reasonably indicating that a violation has occurred or may occur. Such reporting in good faith in order to promote the ethical integrity of operations is expected and encouraged by the University, and retaliation by any University employee as a result against the person making such good faith report shall be subject to disciplinary action. We appropriately investigate all such reports and, when warranted by the facts, require corrective action and discipline in accordance with University policy and state law.

Selected References:

Code of Virginia §2.2-3100, et seq. - Conflict of Interest Act.

University Policy Number 407 – Misconduct in Research and Scholarship.

University Policy Number 410 – Financial Conflicts of Interest in Federally-Funded Research.

University Administrative Policies – Series 2100 – Financial.

University Policy Number 4001 – Financial Conflicts of Interest in University Contracts with Businesses.

University Policy Number 4005 – Cost Transfer Policy.

Faculty Handbook – 2.10 Faculty Duties and Responsibilities.

American Association of University Professors – Statement on Professional Ethics.