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March 9, 2010

Present:  Chair Overton, Past Chair Martin, Secretary Hergeth; Parliamentarian Weiner, Provost Arden; Senators Anson, Argyropoulos, Auerbach, Bernhard, Carver, Croom, Edmisten, Fahmy, Franke, Genereux, Havner, Headen, Kidd, Kiwanuka-Tondo, Krim, Kocurek, Kotek, Levy,    Murty, Paur, Poling, Roberts, Sawyers, Townsend, Walker, Williams

Excused:  Senator Akroyd, Fleisher, Hemenway, Khater, Miller-Cochran, St Amant,

Absent:  Senators Hatcher

Guests:  James Woodward, Chancellor; P. J. Teal, Secretary of the University; Betsy Brown, Vice Provost for Faculty Affairs; Lee Fowler, Athletic Director; Cat Warren, Associate Professor of English

1. Call to Order
Chair Margery Overton called the twelfth meeting of the 56th session to order at 3 p.m.

2. Welcome and Announcements
Chair Overton welcomed Senators and Guests.

Chair Overton reminded the Senators that nominations for the elections are due Friday, March 12, 2010.

A motion was made and seconded to delay the elections by one week.

The motion passed unanimously to delay the elections.

Chair Overton announced that the General Faculty Meeting will be March 23, 2010 and there will be a reception to honor Chancellor Woodward at the end of the meeting.

Chair Overton announced that five nominations have been received for the office of Chair-Elect of the Faculty. The candidates will present their statements at the April 6 meeting.

3. Comments by Chancellor Woodward
Chancellor Woodward announced that the Scott Courtyard named for Kerr and Bob Scott was dedicated this morning, and the three wolf sculptures at the Free Expression Tunnel were also unveiled.

The new General Counsel, Eileen Goldgeier, will be joining NC State next week and the meetings with the Executive Committee strongly urged that she spend time with the Senate, which she plans to do.    She will also be sending out surveys to get comments regarding the functioning and services of the Legal Office. 

Chancellor Woodward reported that the Board of Governors has formed three committees to begin the search for a new President of the UNC system; one that looks for advice regarding criteria and desirable traits, one which is made up of the Board of Governors hires the consultant, seeks and screens candidates, and the third committee which is referred to as the Search Committee that actually evaluates the slate of candidates and determines what the compensation package should be, and then makes a recommendation back to the full board.

Chancellor Woodward stated that President Bowles has been given another task, but he is determined to complete his term as President here and will complete that at the end of the calendar year as he co-chairs a new committee in Washington.

Chancellor Woodward thanked the faculty for their service to this institution and service on the Faculty Senate. “I also appreciate the relationship that we have had during the year and everything that you have done to be healthful to me.  I believe that the new chancellor will be a very good colleague.  He is on a very steep learning curve, and will be coming here on April 1; he will be heavily involved in campus and meetings.”

Chancellor Woodward reported that there is no new information about the budget.  There will not be any cuts in the academic units, which is what we tried to assure when putting together the budget for this year.

4. Comments on the Course Hero Website
Provost Arden commented that the Course Hero website contains a lot of course material, which includes syllabi and course handouts of various faculty.  It builds itself as an academic “You Tube” and it allows students to upload course materials and then for a fee one can subscribe to the site and download the materials. 

Provost Arden stated that UNC Asheville has worked with UNC General Administration Legal Counsel to develop some guidelines on what to do if you have course materials up on Course Hero. 

The bottom line is that faculty members are the owners of that material, and therefore you as the copyright owner have to act to have the website take down the material.  The way the site gets around it is that it has a disclaimer on the sight that says people should not upload the material that they have not gained permission from the copyright holder to do so.  It turns out that you as the copyright owner have the principle responsibility for having the material taken off and the way to have the material taken off is to send a take-down to Course Hero.  We have to be careful in the way that is done because Course Hero is protected under the provisions of the Digital Millennium Copyright Act, which basically says as long as they don’t monitor what gets uploaded then they are really not responsible for there being copyrighted material on their website.

UNC Asheville has provided a template for a take down notice that is specifically crafted because the Digital Millennium Copyright Act says that under the act they are required to block access to the allegedly infringing when they receive a “proper notification from the copyright holder, and if it is not a “proper” notification then they are under no legal obligation to do so, so there are certain elements in this template take down notice that is considered to be consistent with what is proper notification.  The template takedown notice is being developed by UNC General Administration in cooperation with the UNC Asheville folks.

NC State is going to modify the template, with the permission of UNC Asheville, for our purposes and put it up on the Faculty Senate website. 

Provost Arden encouraged the faculty to go to the Course Hero website to determine if they have materials up there and if so, a template will be provided to put forward a take down notice.

5. Resolution of Appreciation to Dr. James Woodward, Chancellor
Senator Chris Anson introduced a resolution of Appreciation from the Executive Committee to Chancellor Woodward.  

A motion passed to suspend the rules to adopt the resolution on the first reading. 

The faculty voted unanimously to adopt the resolution.

6. Approval of the Minutes Meeting No. 11, February 23, 2010
A motion passed to approve the minutes of the February 23, 2010 Faculty Senate meeting.

7. Faculty Grievance Policy
Chair Overton reported that there had been much activity on the grievance policy.  The Chancellor named Interim Vice Chancellor David Drooz to work with her on the grievance policy and then to present it to the  Senate. 

Chair Overton stated that they had to meet a fairly rigid schedule in order to get the document to the April Board of Trustees meeting.  The form that came out of the Personnel Policy Committee was used as the starting point for what David Drooz initially put together.  They sent their version to the Executive Officers last Tuesday and it was approved, then the policy was sent to the PPC and EC Friday morning, which is the version that is going to be discussed today.

Senator Barclay Poling, Chair of the Personnel Policy Committee congratulated the members of his committee for their work on the document.  He explained that the length of the document has been reduced to 10 pages and he also mentioned some changes that the policy has gone through. After some discussion the policy was unanimously recommended for adoption. 

8. Adjournment
A motion passed to adjourn the meeting at 4:20 p.m.

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