FROM: Robert Fossum, Chair, USSP
DATE: February 14, 2000
RE: SP.00.09, Revisions to the Statutes - Terms of Faculty Employment (USC ST-30)
APPROVED BY UIUC SENATE
The University Statutes and Senate Procedures (USSP) Committee has considered the University Senates Conference version of the Sanctions Other Than Dismissal amendment proposed for the Statutes. USSP recommends that the Senate adopt the following resolution:That the UIUC representatives to University Senates Conference (USC) seek revision of the USC proposal, with specific attention to the following elements:
1) Reinsertion of due-process hearing procedures and restoring the Committee on Academic Freedom and Tenure as the hearing body, rather than creation of a new Committee on Faculty Responsibility. We note that all three Senates passed versions of the proposed amendment containing hearing procedures, and we see no need for a new committee.
2) Amendment of the grounds for sanctions other than dismissal to incorporate the first three grounds passed by the UIUC Senate (engaging in professional misconduct, neglecting or refusing to perform reasonable assigned academic duties, violating Senate-approved Campus or University regulations related to the conduct of academic duties), in addition to the Senates Conference grounds 3 and 4 (causing or threatening physical harm to, harassing or intimidating another member of the University community, with the effect of interfering with that person's performance of University duties; or seriously violating University policies on academic integrity or policies on conflicts of commitment and interest). USSP recommends that the provision on threatening harm should encompass harm to visitors to the University, as well as to university employees. USSP also recommends that the UIUC representatives be authorized to amend the first three grounds passed by the UIUC Senate to raise the threshold of application, for example by inserting "serious" violations and the like in the grounds, if necessary to accommodate concerns from our Chicago colleagues.
3) If there is concern over the definition of terms such as "professional misconduct," UIUC representatives may suggest inclusion of language indicating that each campus Senate could develop campus-specific clarifying guidance documents.
4) Amendment of the possible sanctions to clarify that the sanction of temporary restriction of access applies to duty-related use of University property or services.
5) That the UIUC Senate has no position on the placement of the amendment in Article IX versus Article X of the Statutes.
6) Clarification of the relationship of the Sanctions Other Than Dismissal provisions to the existing Statutory provisions relating to Dismissal.
7) That our Senates Conference colleagues be requested to seek the advice and assistance of Professor Matthew Finkin, of the College of Law, given his experience and expertise in matters relating to academic freedom and tenure.
With these alterations, USSP believes that the objections raised in the UIUC Senate to the Senates Conference proposal would be resolved. Due to the nature of the amendment, in particular the interests the Senates have shown in the matter, we request that USC submit its final version for approval by the three Senates.