REGULAR MEETING OF THE UNIVERSITY FACULTY SENATE

MAY 7, 2012 – 104 GORE HALL

April 26, 2012

TO: Senators and Executives

FROM: Belinda Orzada, Vice President

University Faculty Senate

SUBJECT: Regular Faculty Senate Meeting May 7, 2012

In accordance with Section IV, paragraph 6 of the Constitution, the regular meeting of the University Faculty Senate will be held on Monday, May 7, 2012 at 4:00 p.m. in room 104 Gore Hall.

I certify that hard copies of the approval page for each undergraduate and graduate studies academic item on the agenda are filed in the Faculty Senate Office with the appropriate signatures of approval up through the Chair of the Faculty Senate Coordinating Committee on Education. The Agenda will be as follows:

AGENDA

I. Adoption of the Agenda

Agenda (as amended) is adopted

II. Approval of the Minutes: April 2, 2012

Minutes approved.

III. Election of Senate Officers and Selected Committee Members – A slate of nominations prepared by the Committee on Committees and Nominations (Jack Baroudi, Chairperson) is presented in Attachment 1. Biographies of the nominees are presented in Attachment 2. Senators are reminded that additional nominations may be made from the floor, and that senators making such nominations are responsible for determining that a nominee would serve if elected.

A. President Elect – Deni Galileo (Statement)

B. Vice President – Kate Rogers

C. Committee on Committees Chairperson/Member At Large – Joerg Busch and John Morgan

IV. Presentation of the 2012 Faculty Senate Excellence Awards: Senate President Jeff Jordan

Excellence in Teaching Winners:

Matthew S. Weinert

Steven T. Mortenson

James S. Atlas

Excellence in Undergraduate Academic Advising Winners:

Ali A. Poorani

Vicki Cassman

Lindsay H. Hoffman

America Martinez

Excellence in Graduate Student Teaching Winners:

Inci Ruzybayev

Luke W. Ayers

Brett W. Remkus

V. Remarks: Provost Tom Apple

More conversation this year about really weighty issues. Provost Apple congratulated
the Senate on a job very well done. He also congratulated the winners of the faculty senate excellence awards.

VI. Announcements: Senate President Jeff Jordan

Presentation of the Exemplary Faculty Award – John Madsen 2012 winner.

VII. Consent Agenda

1. Announcements for Challenge:

a. Recommendation from the Faculty Senate Committee on Undergraduate Studies (Fred Hofstetter, Chair) with the concurrence of the Coordinating Committee on Education (Sheldon Pollack, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request to revise the minor in Entrepreneurial Studies - UGS 0110 (attachment) (revised attachment)

b. Recommendation from the Faculty Senate Committee on Undergraduate Studies (Fred Hofstetter, Chair) with the concurrence of the Coordinating Committee on Education (Sheldon Pollack, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request to revise the Islamic Studies Minor - UGS0120 (attachment) (revised attachment 4-19-2012)

c. Recommendation from the Faculty Senate Committee on Undergraduate Studies (Fred Hofstetter, Chair) with the concurrence of the Coordinating Committee on Education (Sheldon Pollack, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request to revise the Food Science major BS - UGS0124 (attachment) (attachment)

d. Recommendation from the Faculty Senate Committee on Undergraduate Studies (Fred Hofstetter, Chair) with the concurrence of the Coordinating Committee on Education (Sheldon Pollack, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request to revise the Animal and Food Science major BS - UGS 0125 (attachment 3-7-12) (attachment email support) (attachment email support 2) (Chair Biology Support)

e. Recommendation from the Faculty Senate Committee on Undergraduate Studies (Fred Hofstetter, Chair) with the concurrence of the Coordinating Committee on Education (Sheldon Pollack, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request to revise the Bachelor of Fine Arts – Visual Communication (BFA-VC) Major - UGS 0130 (attachment) (revised attachment 4-4-2012)

f. Recommendation from the Faculty Senate Committee on Undergraduate Studies (Fred Hofstetter, Chair) with the concurrence of the Coordinating Committee on Education (Sheldon Pollack, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request to revise Major Concentration BA in Spanish Studies - UGS 0132 (attachment) (revised attachment 3-7-2012)

g. Recommendation from the Faculty Senate Committee on Undergraduate Studies (Fred Hofstetter, Chair) with the concurrence of the Coordinating Committee on Education (Sheldon Pollack, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request to revise the Legal Studies Minor – UGS 0136 (attachment) (attachment 3-16-2012) (attachment 4-3-2012)

h. Recommendation from the Faculty Senate Committee on Graduate Studies (Andrew Teplyakov, Chair) with the concurrence of the Coordinating Committee on Education (Sheldon Pollack, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request to revise the program policy for the Doctorate in Physical Therapy Program--PHYT APA and New Handbook (attachment) (attachment)

i. Recommendation from the Faculty Senate Committee on Graduate Studies (Andrew Teplyakov, Chair) with the concurrence of the Coordinating Committee on Education (Sheldon Pollack, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request to revise the Major: MEd in Reading (attachment)

j. Recommendation from the Faculty Senate Committee on Graduate Studies (Andrew Teplyakov, Chair) with the concurrence of the Coordinating Committee on Education (Sheldon Pollack, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request to revise the MS (thesis and non-thesis) and the PhD in Plant and Soil Sciences (attachment)

1. MS non-thesis (attachment) (attachment) (attachment)

2. MS thesis (attachment) (attachment) (attachment)

3. PhD (attachment) (attachment) (attachment)

Consent Agenda approved.

VIII. Regular Agenda

A. Unfinished Business:

1. Recommendation from the Faculty Senate Committee on Faculty Welfare and Privileges (Evelyn Hayes, Chair) with the concurrence of the Rules Committee (Anu Sivaraman, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request to create a policy for Emergency Involuntary Leave of Absence With Pay (attachment)

WHEREAS, currently, the faculty have no right to file a grievance and therefore, no right to full due process, access to information, if put on leave against their will in an emergency situation, because the University of Delaware has no policy on Emergency Involuntary Leave and;

WHEREAS, the proposed policy only applies to situations where, on the basis of observed conduct, there is credible evidence to believe that the individual has engaged, is engaging, or is likely to engage in behavior that represents an imminent danger of harm to self or others; and

WHEREAS, To protect the safety and security of all students, faculty and staff, the University must be able to quickly respond to emergency situations; and

WHEREAS, Under the proposed policy the Vice President has a maximum of 24 hours after imposition of an involuntary emergency leave to explain the need for the action and must before the end of each seven day leave period, justify the need for continuation of the leave through a formal review procedure in which the faculty has the right to participate; and

WHEREAS, It is in University’s best interest to protect the reputation of individual faculty members; be it therefore

RESOLVED, that the Faculty Senate endorses the proposed emergency involuntary leave policy, and will review the policy if and when changes are proposed by either the FWP or the Administration.

Call to question – voted down

Call to question – 37 (in favor) vs. 12 (against) 1 abstention. Motion passes

Vote on Resolution – Motion passes – 44(in favor) vs. 14 (against).

2. Recommendation from the Faculty Senate Committee on Faculty Welfare and Privileges (Evelyn Hayes, Chair) with the concurrence of the Rules Committee (Anu Sivaraman, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request to amend the Mediation and Complaint Procedures and the Charge of the Faculty Senate Standing Committee on Faculty Welfare and Privileges (attachment 1) (attachment 2) (attachment 3)

WHEREAS, the University Faculty Senate’s Faculty Welfare & Privileges Committee is charged with jurisdiction over faculty complaints which are not grievances as defined in the Collective

Bargaining Agreement, and

WHEREAS, the University Faculty Senate’s Executive Committee and Rules Committee reviewed the composition of and the procedures to be followed by the Committee on Faculty Welfare & Privileges in the mediation and hearing of faculty complaints, and

WHEREAS, it is imperative that the actions of the Faculty Welfare & Privileges Committee in the

mediation and hearing of faculty complaints be fair to both parties engaged in a

complaint, and

WHEREAS, revisions to the Faculty Handbook require Faculty Senate approval, be it therefore

RESOLVED, that the University Faculty Senate revise (modifications of existing policy in the Faculty

Handbook are shown in Attachment 1) the membership of the Committee on Faculty

Welfare & Privileges to include only tenured faculty and to have a chair designated by

the Committee on Committees and Nominations (COCAN), and be it further

RESOLVED, that the University Faculty Senate revise (modifications of existing procedures are

shown in Attachment 2) the Complaint Procedures of the Committee on Faculty Welfare

& Privileges such that members of the Committee may not serve as a mediator in a

Complaint, and that University of Delaware employees in the Office of the General Counsel may not serve as an advisor or observer in a hearing involving a Complaint.

Motion Did Not Pass – Sent back to Committee

B. New Business:

1. Confirmation of Appointments: Attachment 3

Call to vote: 44 in favor

Vote on amendment: 6 in favor; majority vote against amendment

Motion passes

2. Standing Committee Annual Reports Attachment

3. Resolutions:

a. Recommendation from the Faculty Senate Executive Committee (Jeff Jordan, Chair) for the request for the Faculty Welfare & Privileges Committee to review, in the Spring of 2014, the Involuntary Leave with Pay policy

WHEREAS, review of the Involuntary Leave with Pay policy is important, be it therefore

RESOLVED, that the Faculty Welfare & Privileges Committee review, in the Spring of 2014, the Involuntary Leave with Pay policy and convey to the Senate any recommendations concerning it which the committee deems appropriate.

Item Passes

b. Recommendation from the Faculty Senate Committee on Undergraduate Studies (Fred Hofstetter, Chair) with the concurrence of the Coordinating Committee on Education (Sheldon Pollack, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request for a one year extension for provisional status to the Associate in Arts in Elementary Teacher Education Program – UGS 0173 (attachment) (attachmentrevised 4-10-12)

WHEREAS, an extension will allow the college time to examine the program's viability in the context of the Simpson Scarborough demand analysis, and

WHEREAS, the Faculty Senate Standing Committees agreed that this was a reasonable request, be it therefore

RESOLVED, that the Faculty Senate recommends a one-year extension to the provisional status of the Associate in Arts in Elementary Teacher Education Program.

Motion Passes

c. Recommendation from the Faculty Senate Committee on Undergraduate Studies (Fred Hofstetter, Chair) with the concurrence of the Coordinating Committee on Education (Sheldon Pollack, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request for permanent approval of the Major in International Business Studies – UGS 0175 (attachment) (attachment)

WHEREAS, the program was given provisional approval on April 3, 2006, and

WHEREAS, the major is consistent with the University’s Path to Prominence plan and is meeting the General Education Goals of the University, and

WHEREAS, the major has demonstrated that it is meeting its stated goals, and objectives, and is attracting high quality applicants (more than were proposed), and

WHEREAS, the majors are graduating and getting jobs (as indicated by the information provided), and

WHEREAS, the major is comparable with similar majors as highly-ranked schools, and by some measures (number of foreign language courses required; semester-length study abroad) continues to be the most rigorous in the region, be it therefore

RESOLVED, that the Faculty Senate recommend that the International Business Studies Major be granted permanent status.

Motion Passes

d. Recommendation from the Faculty Senate Committee on Graduate Studies (Andrew Teplyakov, Chair) with the concurrence of the Coordinating Committee on Education (Sheldon Pollack, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request for permanent approval of the Ed.S. in School Psychology (attachment) (attachment) (attachment) (attachment support letter) (attachment support letter) ( attachment support letter)

WHEREAS, the Educational Specialist Program in School Psychology was provisionally approved in April 2005, and

WHEREAS, at the end of the provisional period an external review team recommended that the Educational Specialist Program in School Psychology be given permanent status, and

WHEREAS, the Educational Specialist Program in School Psychology is one of a select few nationally accredited[AS1] programs in the region, and

WHEREAS, the high quality of matriculated students has been demonstrated by the consistent receipt of more than 60 applications per year for 8 positions in the program, and

WHEREAS, the Educational Specialist Program in School Psychology is consistent with the Path to Prominence’s emphasis on becoming a premier graduate and professional education university that serves the state of Delaware, be it therefore

RESOLVED, that the Faculty Senate recommend that the Educational Specialist Program in School Psychology be granted permanent status.

Motion Passes

e. Recommendation from the Faculty Senate Committee on Graduate Studies (Andrew Teplyakov, Chair) with the concurrence of the Coordinating Committee on Education (Sheldon Pollack, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request to add Operations Research concentration to Statistics— (attachment) (attachment)

WHEREAS, The M.S. and Ph.D. degrees in Operation Research have been officially disestablished in the Department of Food and Resource Economics (FREC) in the College of Agriculture and Natural Resources, and

WHEREAS, FREC expects to see continued interest in operations research skills in the market, and

WHEREAS, the FREC Graduate Committee has recommended folding the Operation Resource courses into a concentration into the AREC or STAT MS degrees., and

RESOLVED, that the Faculty Senate recommends approval of the Decision Analysis Concentration for the STAT M.S. degree beginning Fall 2012.

Motion Passes

f. Recommendation from the Faculty Senate Committee on Graduate Studies (Andrew Teplyakov, Chair) with the concurrence of the Coordinating Committee on Education (Sheldon Pollack, Chair) and the Executive Committee (Jeff Jordan, Chair) for the request to add Operations Research concentration to Agricultural and Resource Economics— (attachment) (attachment)

WHEREAS, FREC expects to see continued interest in operations research skills in the market, and

WHEREAS, the FREC Graduate Committee has recommended folding the Operation Resource courses into a concentration into the AREC or STAT MS degrees., be it therefore

RESOLVED, that the Faculty Senate recommends approval of the Decision Analysis Concentration for the AREC M.S. degree beginning Fall 2012.

Motion Passes

g. Recommendation from the Faculty Senate Executive Committee (Jeff Jordan, Chair) based on the findings of the ad hoc Academic Calendar Committee (Joerg Busch, Chair) with the concurrence of the Committee on Rules (Anu Sivaraman, Chair), and the Coordinating Committee on Education (Sheldon Pollack, Chair) for the approval of a resolution concerning option C for weekly class meeting schedule (attachment) (attachment) (attachment) (attachment 1)

WHEREAS, the scheduling of classrooms is challenging because of the concentration of classes in the middle of the day, particularly during prime time 10:10 – 2:15 MWF and 9:30- 3:15 on TR, and

WHEREAS, the Ad Hoc Committee on the Academic Calendar has received input from faculty, students, and administrative staff regarding class scheduling options and potential impact on certain Departments and programs, and

WHEREAS, there is a plea for more 75 minute slots, and

WHEREAS, the Committee has deliberated on the various benefits and drawbacks under different class scheduling scenarios, be it therefore,

RESOLVED, that the University of Delaware adopt the following meeting pattern beginning fall 2013:

Monday/Wednesday/Friday Tuesday/Thursday

Period 1 08:00 a.m. ‐ 08:50 a.m. 08:00 a.m. ‐ 09:15 a.m.

Period 2 09:05 a.m. ‐ 09:55 a.m. * 09:30 a.m. ‐ 10:45 a.m.

Period 3 * 10:10 a.m. ‐ 11:00 a.m. * 11:00 a.m. ‐ 12:15 p.m.

Period 4 * 11:15 a.m. ‐ 12:05 p.m. * 12:30 p.m. ‐ 01:45 p.m.

Period 5 * 12:20 p.m. ‐ 01:10 p.m. * 02:00 p.m. ‐ 03:15 p.m.

Period 6 * 01:25 p.m. ‐ 02:15 p.m. 03:30 p.m. ‐ 04:45 p.m.

Period 7 02:30 p.m. ‐ 03:20 p.m.

Period 8 03:35 p.m. ‐ 04:25 p.m.

Period 9 04:40 p.m. ‐ 05:30 p.m.

Alternate 75 min. Meeting Pattern M/W, W/F, M/F

Period 1 & 2 08:40 a.m. – 09:55 a.m.

Period 8 & 9 03:35 p.m. – 04:50 p.m.

AND WHEREAS, changes in faculty policy require approval by the Faculty Senate, be it therefore,

RESOLVED, that the changes as shown in attachment 1 be made in the Faculty Handbook with reference to the scheduling of class meeting times.

Motion Passes

h. Recommendation from the Faculty Senate Executive Committee (Jeff Jordan, Chair) based on the findings of the ad hoc Academic Calendar Committee (Joerg Busch, Chair) with the concurrence of the Committee on Rules (Anu Sivaraman, Chair), and the Coordinating Committee on Education (Sheldon Pollack, Chair) for the approval of a resolution concerning 65-68 days of instruction during spring semester (attachment 1) (rational attachment) (calendar attachment)

WHEREAS, according to the current Faculty Handbook, "The University's Academic Calendar in fall and spring semesters will contain a minimum of 68 instructional days followed by a final examination period of 6 days.", and

WHEREAS, a preliminary review of next year's calendars and taking into account all the parameters within which the Registrar Office must operate, there will not always be room for 68 days of instruction in the spring semester, and

WHEREAS, the Ad Hoc Committee on the Academic Calendar received a request from the Registrar's Office to modify the wording in the handbook, be it therefore

RESOLVED, that the wording in the Faculty Handbook be changed to: "The University's Academic Calendar in fall and spring semesters will normally contain 68 instructional days followed by a final examination period of at least 6 days. In years when the holiday calendar makes this impracticable, the length of the semester may be reduced to a minimum of 65 days. The Registrar’s Office will make all reasonable efforts to maximize the number of instructional days.”

Motion Passes

i. Resolution introduced by Senator Morrison for a revision to the current Drop/Add policy

WHEREAS, the current drop/add policy makes it difficult for students who are adding a class to catch up on class work, be it therefore

RESOLVED, that the drop/add period shall not extend more than 5 business days beyond the first day of the Fall and Spring Semesters and 3 days beyond the first day of the Winter and Summer Sessions.

Pulled out of agenda

j. Recommendation from the Faculty Senate Committee on Academic Appeals (Gary Alison, Chair), with the concurrence of the Student Life Committee (Mark Parcells, Chair), the Rules Committee (Anu Sivaraman, Chair) and the Executive Committee (Jeff Jordan, Chair) for the revision to the Grade Grievance Policy at UD (Attachment 1) (attachment 2) (resolution attachment)

WHEREAS, The University of Delaware’s Student Guide to University Policies and its Faculty Handbook include the University’s policies and procedures governing grade grievances brought by students against faculty members and

WHEREAS, the University’s policies and procedures governing grade grievances should be clear and unambiguous and

WHEREAS, the University’s policies and procedures governing grade grievances should give both parties reasonable time to prepare for each stage of the grievance process, but should also encourage “finality” -- allowing the student and the faculty member to return to their careers and teaching and learning and

WHEREAS, the University’s policies and procedures governing grade grievances should establish rules and standards that provide fundamental fairness and due process for all parties involved in a grade dispute and

WHEREAS, the University’s present guidelines for grade grievances fail to answer two procedural due process questions -- which party has the burden of proving his or her case and what standard of proof is to be applied by grade-grievance panelists when deciding a grade-grievance case -- that must be answered to ensure fundamental fairness in adversarial administration proceedings and

WHEREAS, hundreds of years of Anglo-American law make it clear that the burden of proof in adversarial administrative hearings falls upon the complaining party and

WHEREAS, requiring the complaining student to prove “beyond a reasonable doubt” that the defending faculty member was biased against the student or failed to follow established procedures for assigning a grade would be unfair to the complaining student and

WHEREAS, a standard of mere “preponderance of the evidence” or any lesser standard would be unfair to the defending faculty member and

WHEREAS, the standard of proof that a University of Delaware faculty member must meet to prove that a student is guilty of academic dishonesty or any other disciplinary violation is “clear and convincing evidence” and

WHEREAS, the “clear and convincing evidence” standard is commonly used by American universities in adversarial administrative hearings involving students and faculty members, and arguably provides a fair balance between the interests of the complaining student and the defending faculty member, be it therefore

RESOLVED, that the Faculty Senate recommends approval of the attached proposed changes to the University of Delaware Student Guide to University Policies and the Faculty Handbook.

Pulled out of agenda

k. Recommendation from the Faculty Senate Committee on Rules (Anu Sivaraman, Chair) with the concurrence of the Executive Committee (Jeff Jordan, Chair) for the revision to the Faculty Handbook concerning academic leave of absence for one or more semesters: Parental Leave (attachment) (attachment 1)

WHEREAS, the current edition of the Faculty Handbook, Section 4: Personnel Policies for Faculty, reads “If the faculty member is the primary caregiver, one such option is to be granted a one semester administered load that allows a choice of either partial or full relief from teaching during the semester of the birth or the adoption of a child under the age of five by the faculty member or immediately following the birth or adoption,” and,

WHEREAS, this wording reflects the prior Collective Bargaining Agreement, which has been replaced in the current current (2010-2013) Collective Bargaining Agreement, 9.16, with the following wording, “If the faculty member is the primary caregiver, he or she will be granted a one semester administered load that allows the faculty member a choice of either partial or full relief from teaching during the semester of the birth or the adoption of a child under the age of five by the faculty member or immediately following the birth or adoption,” and,

WHEREAS, reliance on the current Faculty Handbook’s outdated wording may cause Chairpersons, Directors, and other persons in authority wrongly to deny contractually promised benefits to petitioning faculty members based on the mistaken assumption that provision of such mandated benefits is merely optional, and because the resulting conflicts may result in legal and other proceedings deleterious to the good name of the University of Delaware, be it therefore

RESOLVED, that the Faculty Senate Recommends that the Faculty Handbook be changed so that the current phrase stating, “If the faculty member is the primary caregiver, one such option is to be granted a one semester administered load that allows a choice of either partial or full relief from teaching during the semester of the birth or the adoption of a child under the age of five by the faculty member or immediately following the birth or adoption,” be changed to state, as does the 2010-2013 Collective Bargaining Agreement, 9.16, “If the faculty member is the primary caregiver, he or she will be granted a one semester administered load that allows the faculty member a choice of either partial or full relief from teaching during the semester of the birth or the adoption of a child under the age of five by the faculty member or immediately following the birth or adoption.”

Moved to change highlighting to underline in attachment. Amendment was voted on. Amendment was approved. Amended Motion Passes

VII. Introduction of New Business:

Senator Morgan introduced an amendment to the FW&P suspension policy. Will be emailed to the officer. Vote on referral of new item to FW&P committee. Item passes.

Amendment caucus interest – passed with majority vote.

Suggestion (not a motion): Committees that do not meet – Suggestions from Senator Morgan if committees do not meet once per year or once per semester, the chair be replaced. Pres. Jordan recommended that this be written up and sent to the relevant committees.

Such items as may come before the Senate. (No motion introduced under new business, except a motion to refer to committee, shall be acted upon until the next meeting of the Senate.)

/khs