RESOLUTION ON PROPOSED CHANGES IN CODE OF THE
BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA

Whereas: The Faculty Senate of North Carolina State University has reviewed proposed changes in the Code of the Board of Governors of The University of North Carolina proposed by the “Code 603/604 Committee”; and

Whereas: The Faculty Senate has received a report from the Faculty Assembly Delegation and background materials relating to efforts of the Faculty Assembly of The University of North Carolina to address significant problems in the proposals by the “Code 603/604 Committee,” and

Whereas: The Faculty Senate wishes to go on record regarding its concerns with the original Code 603/604 Committee proposal, insofar as it would have introduced vague language regarding possible sanctions affecting faculty, conflated the developmental purpose of post-tenure review with the process of discipline or sanction, imposed relatively lax evidentiary standards for serious sanctions of tenured faculty members, and adversely affected the rights of special faculty, among other problems; and

Whereas: The Executive Committee of the Faculty Assembly has developed alternative language to address faculty concerns with the original Code 603/604 proposals in an effort to move matters forward and has requested faculty leaders throughout the UNC System to evaluate and comment on its alternative language; now, therefore,

Be it Resolved that:
           

• The NC State Faculty Senate supports the alternative language proposed by the Executive Committee of the UNC Faculty Assembly and endorsed by the Faculty Assembly at its September 28, 2007 meeting, with the exceptions that
• We recommend that section 603.1 remain as given in the original code text.  Specifically the added definitions of both the FA Text and the proposed text of the 603/604 committee are unnecessary.

• We recommend removing the action of demotion in rank from the list of disciplinary sanctions from section 603.1.  Academic rank is granted as a result of an evaluation of scholarship and achievement.  Thus the only grounds for demotion in academic rank should be as a result of matters such as misrepresentation of work or research misconduct that led to a false evaluation of scholarship and achievement.  Academic rank should not be associated with conduct.

• The 90-day time limit for completing hearings in section 603.5 be removed, as is the case in the existing policy.  Hearings should be conducted as expeditiously as possible, but an arbitrary time limit should not restrict due process and the determination of fact.

• We recommend that section 604.D.2.a read “no less than 14 calendar days and up to 60 calendar days” to file an appeal. 

• Section 610.2 be modified to read

 Special faculty members shall be appointed for a specified term of service, as set out in writing in the letter of appointment.  The term of appointment of any special faculty member concludes at the end of the specified period set forth in the letter of appointment, and the letter of appointment constitutes full and timely notice when that term expires. Special Faculty may receive subsequent term appointments.

• In the future, changes to the Code of the Board of Governors or other University policies directly affecting faculty be undertaken only with extensive faculty representation on relevant committees or task forces, open involvement in deliberations from the outset, and adequate opportunities to comment during the academic year except under pressing and unusual circumstances.

• This resolution be submitted to the Chancellor and Provost of NC State University, and the President of The University of North Carolina as an indication of its substantial concerns with the original Code 603/604 Committee recommendations, its support for the alternative text prepared by the Executive Committee of the Faculty Assembly, and its request that in the future more extensive faculty representation and opportunities for review be accorded when developing policies affecting faculty.

Submitted by Prof. Nina Allen and Prof Jim Martin on behalf of the Faculty Assembly Delegation
Unanimously passed by the North Carolina State Faculty Senate on October 23, 2007.

Resolution: R2:  07/08
First Reading: October 23, 2007
Adopted: October 23, 2007