• Senate Roll Call & Quorum Check --- (Steven MacCall)
• Approval/Correction of March Minutes --- (Steven MacCall)
• President's Report --- (Pat Bauch)
• Current and Future Activities
• "Diversity and Partnership"
• Vice President's Report ---- (Norman Baldwin)
• Secretary's Report ---- (Steven MacCall)
• Circulate list of names and email addresses and distribute materials to new Senators
• Annual Report (attached) and Resolution (attached) from Student Affairs --- (Dexter Gordon & James Taylor)
• Annual Report (attached) and Proposed Revisions to Bylaws (attached) from Senate Operations --- (Bill Andreen & Bill Motes)
• Annual Reports from other Senate Committees:
• Academic Affairs --- (Carmen Taylor & Donald DeSmet) --- attached
• Financial Affairs --- (Norman Baldwin & Robert McLeod) --- attached
• Planning and Operations --- (Marcia Evans & Jerry Webster) --- attached
• Research and Service --- (Bing Blewitt & Steven MacCall) --- attached
• Reports from Ad Hoc Committees
• Distinguished Service Award --- (Norm Stein)
• Evaluation and Reward of Teaching ---- (Carmen Taylor)
• Faculty Diversity --- (Rob Ingram)
• Legislative Agenda Committee --- (Margaret Garner)
• Reports from Senators on University Standing and Other Committees
• OLD Business
• NEW Business
• Confirmation of Parliamentarian (Bob Sigler)
• Confirmation of University Committee Assignments
• Energy Policy (Planning and Operations) --- attached
• Grievance and Mediation Document Revisions (Academic Affairs) --- attached
• Selection of Committee Co-Chairs
• Announcements
• Pending Business

President's Report

1. The Alabama Commission on Higher Education (ACHE) is planning to develop a faculty workload database as required by an Act of the Legislature in 1995. It is not clear what specific information ACHE will want to include in the database or what use will be made of this information. The Provost has asked the Senate to take a leadership role in determining what information we believe should be provided. The law requires ACHE to collect data for each faculty member.

2. Concerns have been raised about companies with which the University contracts and the labor practices of those companies. The University is considering policies that might affect these relationships. The Senate should be aware of these activities and provide input about those issues it considers important.

3. Program viability remains an issue for consideration. Decisions on program status are likely to occur during the summer. The Senate should monitor what is being done to bring programs to standard and to deal with viability problems.

4. The Senate has prepared a shared governance document that has been on hold while the Faculty Handbook has been completed. It is time to renew efforts to bring closure to this project and get agreement with the administration about involvement of faculty in the University's governance process. Faculty participation in governance at all levels of the university is a related issue, including more frequent evaluation of deans, governance systems at the college level and other matters. These two issues may be sufficiently related to consider weaving them together in a single document.

5. While some revisions concerning committee charges were made to the Senate By-Laws, there may be some additional revisions to clarify duties and resolve minor conflicts in wording.

6. Concerns have been voiced about faculty mentoring, especially for new and minority faculty. The Senate needs to discuss ways in which an on-going mentoring program can be put in place that will be self-perpetuating. Such a plan such include a variety of ways in which new faculty can obtain assistance and advice. Perhaps one of the things the Senate could do is insure that the Faculty Development Web Site is revised and promulgated to all faculty.

ANNUAL REPORTS

Student Affairs Committee Annual Report (1999-2000)

1. As a follow up to the recommendation of increased supervision of all student campus events at which alcohol can be present, by the 1998-1999 committee, we solicited from the Office of the Dean of Students an update on the 1999-2000 policy. Rick Funk indicated that a monitoring policy is now in operation. There are six paid graduate students who monitor events on Friday and Saturday; they are paid $10/hr and begin monitoring 1/2hr before a function and check hourly after that.

2. We verified that student organizations, as long as they follow established procedures, are allowed to mail newsletters as nonprofit organizations.

3. The committee spent most of its time addressing the issue of the University’s effort to improve diversity on campus. Our members served with various groups, committees, and organizations such as the Diversity Oversight Committee, VP Sybil Todd’s Task Force on Diversity, and the Students and Campus Life Committee all seeking to address the issue of diversity on campus.


The committee has proposed the following resolution calling on the administration to end segregation on campus.

Resolution on Diversity from Student Affairs

Whereas, diversity and inclusion are critical values to the proper functioning of an academic community; and

Whereas, systematic racial or ethnic exclusion of a group from participation in an activity associated with The University of Alabama conflicts with these values and is unacceptable; and

Whereas, the present system of Greek letter social organizations at the University is segregated by race;

Be it resolved, that the Faculty Senate calls upon the administration of The University to end segregation on our campus as a matter of priority.

Academic Affairs Committee Annual Report (1999-2000)

Fall, 1999

1. Based on expressed concerns about computer support on the campus, the co-chairs initiated dialog with professionals around campus who could address some of these concerns and answer questions.

2. The committee referred questions about the selling of class notes to the Intellectual Property Rights Committee.

3. The committee discussed an SGA request to consider changing some deadweek policies and rejected the idea.

4. The committee continued discussion about computer support and have decided to initiate meetings with other senators regarding the direction of further action.

Financial Affairs Committee (FAC) Annual Report (1999-2000)

1. To determine whether the University had made improvement in addressing faculty compression problems, the FAC analyzed salary data provided by the Office of Institutional Research.  Salary data for the current academic year were compared to 1997-1998 salary data that had been analyzed by the FAC two years ago.  The comparison revealed an increase in incidence of salary compression.  However, most of the increase occurred in one college and most of the increase reflected new faculty hires earning higher salaries than existing departmental faculty at the same rank.

Our investigation resulted in a seven-page report that was submitted to the Provost and Faculty Senate.  In the upcoming year, the FAC might follow up to determine the Provost’s response to this report (e.g., were any steps taken to reduce salary compression?).  The FAC might also request and evaluate the plans of each college to deal with salary compression problems.

2. Due to the complexity of many University financial issues, members of the FAC decided to meet with Vice President of Finance Robert Wright privately and to submit a report on the meeting to the Steering Committee and Senate.  Prior to the meeting, Senators and FAC members were given the opportunity to submit questions for VP Wright.  Since many of the questions required preparation, VP Wright was given the questions several days in advance of the meeting.  In a one and one-half hour meeting on November 2, 1999, VP Wright was forthcoming with answers to questions on revenues from auxiliary enterprises to questions on the rates of return on endowment investments.  A complete report of VP Wright’s responses to ten advance questions and numerous spontaneous questions was submitted to the Faculty Senate.

3. The FAC discussed the problem of the University licensing “sweatshops” to sell goods with the University's name, seal, or logo.  We tentatively decided that the cost of University membership in the Fair Labor Association, a nonprofit organization that monitors and evaluates compliance with the Workplace Code of Conduct, was too large to recommend that the University join.  We also decided to wait on a report from the University's Task Force on the Licensing Code of Conduct Committee before drafting a resolution to go before the Steering Committee and Senate.

Planning and Operations Committee Annual Report (1999-2000)

1. The committee recommended that a memorandum be sent to administrators reminding them faculty are on nine month contracts and advising them not to request more than minimal University-related work during the summer unless faculty are on summer contract.  The report was sent to the Provost and to the Council of Deans.

2. The committee drafted a policy detailing voting eligibility for faculty referenda.  After lengthy discussion, the policy was approved by the Faculty Senate and the Provost and will be added as Chapter 1.V.D. to the Faculty Handbook.

3. The committee wrote a resolution reaffirming faculty support for diversity.  The resolution was passed unanimously by the Senate.

4. The committee reviewed recommendations made by the University Energy Management Committee and met with both the committee chair and the campus energy manager to discuss the report.   It was decided that the senate liaison to the committee would be the appropriate person to follow up on whether the committee was satisfied by the response from University administration.

Research and Service Committee Annual Report (1999-2000)

"Under existing law (passed in 1996), the Alabama Commission on Higher Education (ACHE) is required to design and establish a state university and college information system to provide pertinent information to the formulation of decisions and recommendations made by the Commission."*

The Research and Service Committee was given the assignment of studying this issue and making recommendations about the process and how we (UA) might participated in the design of the documents necessary to fulfill the data collection requirements of the legislation.

The final recommendations of the Research and Service Committee was  to appoint Rob Ingram as our liaison.  He works closely with Bill Fendley (Director of Institutional Research, UA) and Sandra Woodley (Director of Financial Affairs, ACHE).  Ms Woodley has been given the responsibility of developing the necessary strategies to insure the collection of the required information.  Rob Ingram has agreed to work with Bill Fendley, Sandra Woodley, et al, in the this complex design process. He has further agreed to make periodic reports to the faculty senate steering committee in order to seek advice and to keep the steering committee abreast of the progress.

* Opening statement from the actual legislation (LRS95-1694) on 5/5/95.

Senate Operations Committee Annual Report (1999-2000)

1. A line-by-line comparison of the Shared Governance document (adopted by the Senate on March 24, 1998) with the new Faculty Handbook (April 1999) to identify those portions of the Shared Governance document which have not yet been included in the Handbook.

2. Prepared amendments to the Senate By-Laws which set forth descriptions of the responsibilities of each standing committee of the Senate and which make a number of technical corrections or updates to the text of the by-laws.

3. Prepared a letter to be used by the Senate Secretary when notifying deans or other administrative officers of the need to hold Senate elections.

4. Recommended the formation of a temporary and informal nominating committee for Senate officers – a committee which would not prepare a slate of candidates, but would instead merely encourage senators to run for office.

5. Monitored, in accordance with our charge, the attendance of senators at Senate meetings.

Proposed Revisions to Bylaws

Section 1. Senate Orientation.

Section 2. Steering Committee.

Section 3. Standing Committees.

1. There shall be standing committees on:

• Academic Affairs (11)
• Financial Affairs (9)
• Planning and Operations (5)
• Research and Service (5)
• Student Affairs (5)
• Senate Operations (3)

1. Subject to reasonable exceptions to accommodate the needs of the Senate and the interests of senators, each senator ordinarily will have one standing committee assignment. The number of members shall be approximately that indicated in parentheses for the respective committees.
2. After the orientation session and social occasion described in Section 1, the Secretary will ask each Senator to list preferences for assignment to the Senate's standing committees. After consultation with those who served as chairs of standing committees the previous year, the Secretary will assign each Senator to his or her first choice, if possible, and using second or third preferences where first preferences are unavailable. Senators who have indicated no preference by the second Tuesday in April shall be assigned to committees by the Secretary. All such assignments are subject to the approval of the Senate. The Secretary will distribute the tentative assignment of Senators to committees with the agenda for the regular April meeting. The first order of business for the regular April meeting will be to debate the assignment of Senators to committees, to reassign if necessary, and to confirm the final assignment by vote of the Senate. The President of the Senate will thereupon name convenors for each of the standing committees, and following the close of the regular April meeting each convenor will hold a brief meeting of each standing committee for purposes of establishing a place for meeting, if necessary, before the next scheduled meeting of the Senate steering committee. By the end of April, each standing committee will elect a chair or co-chairs from among its membership; if a chair is selected it may elect a vice-chair. Each chair or co-chair of a standing committee serves as a full member of the steering committee. Each standing committee will normally meet on the first Tuesday of each month from September through November and January through March, and at other times as desirable.
3. Standing committees will inform themselves, on their own initiative or pursuant to specific instructions from the Senate, concerning matters of current concern within their respective jurisdictions. Standing committees, directly or through their chairs are expected to seek and maintain continual dialogues with the vice presidents in charge of the areas of University affairs in which the respective committees have jurisdiction. Monthly meetings are an example of a mechanism for such dialogues. The committees shall make such reports and recommendations to the Senate as they deem appropriate or as the Senate requires.
4. Senators are expected to attend meetings of their standing committees. The absence of a Senator from a regularly scheduled committee meeting may be referred by the chair or co-chair of the committee to the Senate Operations Committee. Senators who regularly fail to attend committee meetings and do not provide for the attendance of alternates may be replaced on the committee.
5. Committee on Academic Affairs. The Academic Affairs Committee is responsible for considering issues which relate to instruction, curriculum, academic standards, academic freedom, collegiality, tenure and promotion, and other issues which directly affect the learning environment of the University and the quality of its intellectual life. Questions relating directly to research and service, financial issues, and student issues will, however, normally be referred to the appropriate committee of the Faculty Senate.
6. Committee on Financial Affairs. The Financial Affairs Committee reviews financial issues that are pertinent to the University community and makes recommendations to the Faculty Senate concerning these issues.
7. Committee on Student Affairs. The Student Affairs Committee advises the Faculty Senate on issues related to the social and academic development of students.
8. Committee on Research and Service. The Research and Service Committee is charged with studying and making recommendations on matters that affect the research and service component of faculty life.
9. Committee on Planning and Operations. The Planning and Operations Committee studies the allocation of resources within the University and works to ensure communication between faculty and administration in relation to resource policies and allocations, advances proposals consistent with Faculty Senate initiatives and priorities, and makes recommendations to the Faculty Senate pertaining to resource policies and allocations.
10. Committee on Senate Operations.

Section 4. Special Committees.

Section 5. Subcommittees.

Section 6. Parliamentarian.

Section 7. Webmaster.

Section 8. Offices.

Section 1. Meeting (Senate and Steering Committee).

1. The Senate will meet on the third Tuesday, August through November and January through April, and the second Tuesday of December, at 3:30 p.m. in locations to be determined by the Steering Committee. If the third Tuesday falls during a time when the University is not in session, the Senate will meet on the second or fourth Tuesday, as the Steering Committee determines, and the meetings of Senate committees may have to be adjusted appropriately. The Senate may meet also on the fourth Tuesday, August through November and January through April, and the third Tuesday in December, in order to finish the business of the month, and Senators should keep this date free on their calendars. The Senate will also meet at other times, including the summer months, and at locations, as decided by the Senate or the Steering Committee. The regular meeting times and locations shall be decided for the upcoming year by the Steering Committee at its August meeting, Senators will be appropriately notified, and the information will be published in Dialog and/or other publications deemed useful.
2. Regular Senate meetings normally last until 5:00 and may last longer. Senators should clear their calendars until 5:15 on regular Senate meeting days upon such an expectation. Senators are expected to maintain their attendance until 5:00, or until the meeting is adjourned prior thereto.
3. The Steering Committee will hold a regular meeting one week before each regularly scheduled meeting of the Senate. Special meetings of the Steering Committee may be called by the President of the Senate, by the written request of three members of the Steering Committee or of five members of the Senate, by vote of the Steering committee, or by vote of the Senate.
4. All resolutions and original motions to be presented to the Senate must be in writing and should be mailed by the Senate Secretary with the agenda for the meeting.
5. A majority of members shall constitute a quorum. A quorum must be present before any vote can be taken.

Section 2. Agenda.

1. Except when the Steering Committee or the Senate orders otherwise, the customary order of business as described in Robert's Rules of Order will be followed.
2. The agenda will be distributed to members during the week in advance of the meetings by the Senate Secretary except when exigent circumstances make it necessary, in the judgment of the Steering Committee, to prepare or change an agenda so soon before the meeting that advance circulation is impractical.
3. The Steering Committee will employ whatever means are feasible and appropriate to give notice of pending agenda items to all members of the Senate.
4. The agenda will be placed on the Senate’s web page and will contain sufficient information, both in summary or "bullet" form and in detail, so that the issues to be debated in the Senate are clear. Each person or committee that propounds a motion or submits a report to be included in or with the agenda is responsible for providing a succinct summary of the issue(s) involved. The President's Report, reports from the standing committees, and reports from Senators about the activity of University committees should be included with the agenda if at all possible, so as to reduce the time used in Senate meetings for explanation and summary. The minutes of each meeting also will be placed on-line in "bullet" form, and in detail on the Senate's web page. Other documents of interest to faculty and/or pertinent to issues being debated in the Senate may also be placed on the Senate's web page.

Section 3. Access to Senate Meetings.

1. Any person may attend Senate meetings during other-than-executive sessions for the purpose of observing its proceedings.
2. Anyone other than a senator may address the Senate only on invitation by vote of the Senate or on invitation by the President of the Senate after an opportunity for the Senate to object and, in case there is objection, alter approval of the invitation by the Senate.
3. An executive session, from which all persons except senators are excluded, may be held by vote of the Senate. Motions to hold executive sessions will take precedence over other regular business.
4. The privilege of the floor, including the right to address the Senate on any pending question subject to applicable rules or parliamentary procedure, and non-voting membership on the Steering Committee, are extended to one delegate representing the Retired Faculty Association of The University of Alabama, one delegate representing the Professional Staff Committee one delegate representing the Office/Clerical/Technical Staff Committee, one delegate representing the Maintenance personnel Committee, one delegate representing the Student Government Association and one delegate representing the Office of Alumni Affairs.

Section 4. Minutes of Senate Meetings.

1. Minutes of all Senate meetings shall be furnished to all senators as early as possible.
2. Copies of minutes of open Senate meetings are to be freely available to anyone within or without the University of Alabama: first, within the University; second, outside the University on request and if available.
3. Divisional delegations are expected to adopt measures for effective and expeditious reporting of Senate actions to their constituencies.
4. The official minutes of all open Senate meetings shall be available for inspection by all persons eligible to vote in the election of senators. The official minutes of executive sessions of the Senate shall be made available for this purpose only to the extent as the Senate may approve.
5. Minutes of executive sessions of the Senate are confidential and are not to be released.
6. Minutes of the Steering Committee may be made available outside the University of Alabama only by a majority vote of the Steering Committee that is asked for such material.
7. Reports submitted to the Senate become part of the open-meeting minutes or executive-session minutes and are to be treated as those minutes.

Section 5. Committee Records.

1. All Senate committees shall keep records of their meetings and proceedings, describing in summary form all noteworthy matters considered and noting all committee and actions.

Section 6. Additional Responsibilities of the Senate Secretary.

1. The Secretary has responsibility for conducting all University-wide referenda regarding proposed amendments to the Constitution.
2. The Secretary is charged with keeping the official, up-to-date copies of the Constitution and Bylaws, and with assuring that a signed and dated notification of official approval by the Secretary is affixed to all copies of the Constitution and Bylaws.
3. The Secretary will call the roll of senators at each meeting of the Senate. Any absences in excess of two by a senator will be reported by the Secretary to the Senate Operations Committee.
4. It shall be a duty of the Senate Secretary to notify the deans of the divisions of the University of the need for regular and special elections of senators. In so doing, the Secretary will note the name of the Senator who previously held the position or of the need to elect additional senators.
5. It shall be the duty of the Senate Secretary to publish a calendar of Senate meetings for the academic year at the beginning of each fall semester. It shall contain the times and locations of Senate meetings and the listing of the dates upon which the Senate must take actions such as the naming of members of official bodies of the University or the appointment of committees to nominate award recipients.

Section 7. Senate Appointments to University Committees.

1. Senators shall be asked in the spring by the Secretary for their preferences of service on University standing committees. The President, assisted by the Vice President and the Secretary, shall tentatively assign Senators to University standing committees, giving as much weight as possible to the preferences they have communicated. Such tentative assignments shall be discussed, and modified if necessary, by the Steering Committee, and shall be submitted to the whole Senate for discussion, modification if necessary, and approval, before the list is timely transmitted to the President of the University.
2. All other University committee or task force appointments in the gift of the Faculty Senate, including appointments to search committees or review committees, shall be made by the President of the Senate in consultation, if possible, with the Steering Committee, and shall be communicated to the Senate at its next meeting. if time does not allow for such consultation at a regular meeting of the Steering Committee, the President may call a meeting of that Committee or, in an emergency, poll the Committee by telephone, by e-mail, in person, or in other available ways; at least two-thirds of the Committee must be polled. In the latter instance, the whole Steering Committee may, at its next meeting, refuse to confirm the appointee, in which situation another appointment must be made, subject to consultation with the Steering Committee.

I certify that this is a correct and accurate copy of the Bylaws of the Faculty Senate of the University of Alabama.

Marcus Brown, Secretary

April 9, 1997

INTRODUCTION

In Fiscal Year 1998-99, The University of Alabama spent $7.1 million dollars on energy (elec-tricity and natural gas).  As a result, it is imperative that the campus adopts an energy policy to promote the conservation of energy.  This will result in savings that can be invested in University infrastructure upgrades in addition to conserving our natural resources.  Although energy conser-vation is the focus of this policy, comfortable work and study conditions must also be achieved.  This policy has been developed and will be updated periodically by the University standing committee on Energy Management.  The committee welcomes comments and suggestions on this policy.  Correspondence and petitions for the committee can be sent to emd@bama.ua.edu.

POLICY

University Temperature Guidelines – To maintain reasonable comfort and lower energy ex-penditures, the University has established the following standards for comfort heating and cool-ing.  Summer thermostat settings (air conditioning) are to be 74-77 F.  Winter settings (heating) are to be 68-72 F.  Exceptions to these guidelines must be approved.

Space Heaters – Whether they are purchased by the University or personal property, two issues affect the use of space heaters in campus buildings? fire safety and energy efficiency.  All space heaters used on campus must be approved for fire safety, as classified by the National Fire Pro-tection Association.  No liquid fueled space heaters (e.g., kerosene heaters) shall be used in any residential, office, classroom or research buildings.  Some electric space heaters also pose an un-acceptable fire hazard.  All space heaters must meet the following four specifications:  Heaters must  (1) be UL approved,  (2) have elements that are not be exposed to contact,  (3) be tilt-over-proof (when tipped over, heater goes off), and  (4) be thermostat-controlled.  The issue of energy efficiency is also important ? electric space heaters are a very costly means of heating.  If a member of the campus community feels that a space heater is necessary for adequate warmth, this may indicate that the central heating system needs repair.  University Energy Management should be consulted if the central heating system is incapable of meeting comfort requirements.  Campus Energy Management should also be consulted if a space heater is to be used to offset excessive air conditioning.  State regulations require that the University follow ASHRAE Stan-dard 90.1, which says that heating and cooling are not allowed simultaneously in the same space for the sole purpose of achieving comfort.  Excessive cooling of a space on campus below the summertime University Temperature Guidelines should be reported to University Facilities so that air-conditioning levels can be adjusted.

Window Air Conditioning Units – The use of window air conditioning/heat pump units is dis-couraged except in cases of last resort.  They cause damage to the buildings, have high life cycle cost (energy and maintenance), and are noisy.  Additionally, operating a unit in air conditioning mode below about 50 F outside air temperature will quickly damage the unit.  The Campus En-ergy Manager must approve a new application of a window unit.  Specific petitions for installa-tion will be reviewed only after University Facilities has determined that the primary heat-ing/cooling source is not capable of meeting University Temperature Guidelines.

Switchover from Heating to Cooling – Facilities personnel perform required changeover from heating to air-conditioning in the Spring.  Because of the varying equipment installed throughout campus, buildings must be changed over individually.  Facilities performs the changeover on the basis of priorities established to (1) provide comfort to students living in University Housing, (2) maintain required temperatures to protect equipment and research in progress, and (3) serve the greatest number of individuals and activities.  Air conditioning may not begin until outside tem-perature has reached 75 F for three consecutive days.  Temperature projections are also consid-ered.  The wide swings in temperature during the Spring of the year and the difficulty in switch-ing between heating and cooling make this policy necessary.  Special problems or hardships with this policy should be addressed to the Campus Energy Manager.

Operation of Campus Steam Plant – Much of campus is heated by a campus steam system us-ing large natural gas fired steam boilers.  Steam production will be maintained to provide the most comfort to the greatest number of people.  The plant may not start until the mean outside temperature has reached 45 F for three consecutive days, although temperature projections are also considered.

Switchover from Cooling to Heating – Facilities personnel perform required changeover from air-conditioning to heating in the Fall.  Because of the varying equipment installed throughout campus, buildings must be changed over individually.  Facilities performs the changeover on the basis of priorities established to 1) provide comfort to students living in University Housing, 2) maintain required temperatures to protect equipment and research in progress, and 3) serve the greatest number of individuals and activities.  Heating may not begin until the high outside air temperature has dropped below at least 55 F for three consecutive days.  Temperature projections are also considered.  The wide swings in temperature during the Fall of the year have made this policy necessary.  Special problems or hardships with this policy should be addressed to the Campus Energy Manager.

Holiday Periods – A period of closure for the University offers a great opportunity to save money on utilities that can be spent in other areas.  Past history has shown that very few people occupy the buildings for any substantial time during the holidays.  With this in mind, buildings will be only minimally heated/cooled during holiday periods.  Every effort will be made to shut down the campus steam system during every holiday period.  The exception to the policy will be buildings that contain special collections or sensitive equipment, or buildings that are officially open during the holidays.  A building will not be officially open just because a few people may want to work during the holidays.  Requests for exceptions to this policy with justification should be addressed to the Campus Energy Manager after curtailment plans for the upcoming holiday period have been issued.

New Construction – The University will seek to reduce future energy costs in new facility con-struction and renovation whenever feasible.  Current standards outlined in ASHRAE Standard No. 90.1 Energy Efficient Design of New Buildings Except Low Rise Residential Buildings will be followed as closely as possible.  Additionally, all city and state regulations will be followed.  All planning for major construction and equipment purchase/installation must include energy life cycle costing.  As resources become available, it is recommended that UA develop and imple-ment design standards for new construction to include energy efficiency.

Building Resource Management – Windows and doors should be kept closed during the heat-ing season and during the summer in those areas that have mechanical cooling.  Every member of the University community should assume the responsibility of closing windows, turning off personal computers and other office equipment when not in use, and shutting off the lights when leaving a room.  One should not assume that someone else would do it.  Energy management de-vices and strategies will continue to be added.  Schedulers of classes, meetings, and other cam-pus activities should endeavor to minimize energy use.  Evening classes should be concentrated in the fewest buildings possible, and where appropriate the buildings used should be those that already have late night temperature setback.  Use of stairs rather than elevators, except for the physically challenged and persons transporting heavy equipment or materials, is encouraged.

Lighting – Interior lighting will be fluorescent, whenever possible.  New energy-saving fixtures, lamps and ballasts will be used to replace existing less efficient lighting whenever economically feasible and appropriate.  Exterior lighting will be high-pressure sodium or metal halide (metal halide is preferred) whenever possible, and will meet minimum current safety requirements.  Decorative lighting will be kept to a minimum.  Lighting levels recommended by the most recent edition of the IES (Illuminating Engineering Society) Lighting Handbook shall be used as guide-lines.  Where it makes economic sense, occupancy/motion sensors (ultrasonic or infrared) wired to area lighting will be installed to reduce and/or turn off lights in unoccupied, vacated areas.  Day-lighting controls will be installed to automatically adjust lighting levels as appropriate.  Task lighting, such as desk lamps, is recommended to reduce overall ambient lighting levels.  Desk lights should be of the fluorescent type, which are now readily available at local stores in-cluding the University Supply Store.

Suggestions – The Energy Management Committee encourages suggestions for additions or modifications to this Energy Policy as well as other energy conservation suggestions.

Last updated April 13, 2000

It is fairly urgent that the Faculty Senate take action early in the Fall on the proposed final draft of Appendix B, as recommended by the Faculty Affairs Committee. Changes in the Mediation and Grievance System Document require a Faculty referendum.

Exhibit A

TO:   Provost Nancy S. Barrett

FROM:  Pat Bauch, 1999 Chair, Mediation and Grievance Committee

RE: University Mediation  & Grievance System Document (Faculty Handbook, Appendix  B)

DATE:  February 7, 2000

In your memo of March 5, 1999 to Dean Sara Barger and members of the Work Group on  “unresolved issues in the grievance process,” you stated that these concerns were "best left to the Mediation Committee."  After deliberation on these issues, we, the Mediation and Grievance Committee, submit the following four-part report comprising this Memorandum, the committee’s Document Data Analysis Report, Proposed Changes to Appendix B, and a Form with Guidelines for Submitting a Mediation and Grievance Request.

The Mediation and Grievance Committee heard testimony from faculty members Paul Stuart, John Smykla, Marvin Johnson, and Wythe Holt on the following questions raised at a meeting you held with Dean Barger and myself:

1. Who is the petitioner?
2. Does the Tribunal selection process need to be so complex?
3. What role should attorneys play in the process?
4. Should tape recorders and court reporting be used?
5. Who should assume responsibility for the operating budget and the cost of legal counsel?

The Committee acquired and carefully analyzed the mediation and grievance documents and procedures from six southeastern universities: Auburn, Florida, Georgia, North Carolina, Texas, and Virginia.

The testimony we heard, our research and analyses of other university grievance systems, and our deliberations lead us to propose the following recommendations (the page references are to our Document Data Analysis Report).

Issue 1:  Who is the petitioner, particularly at the Tribunal stage when a mediation process has failed and an administrator is required to seek a Tribunal in cases of dismissal of a faculty member?

Recommendation 1:  The petitioner is the grievant who initiates the mediation and grievance process.  If the mediation process fails and the grievant requests a tribunal, but the case involves dismissal, reduction in rank or where the faculty member’s position is threaten, the administrator is the petitioner.
Rationale:  The burden of proof rests upon the petitioner. If a Tribunal is convened because an administrator seeks to impose a severe sanction or to dismiss a faculty member, the administrator is the “petitioner” and has the burden of proof.

Issue 2:  The complexity of the Tribunal selection process.

Recommendation 1: The Tribunal selection process should be simplified.
Rationale: Unnecessary complexity cannot be allowed to hinder due process.

Recommendation 2: The Faculty Senate should select 12 senior tenured  faculty members to coincide with the April seating of new Senators in the Faculty Senate.  These should be senior faculty who agree to serve on a Tribunal, if needed, for rotational terms of one, two, or three years.  The Tribunal members shall elect a chair for a three-year term. From this list of twelve, three Tribunal members should be selected by the grievants, using a striking process. If the chair’s name is struck, the three Tribunal members shall determine a chair (pp. 13-14).
Rationale:  This process ensures that a Tribunal is always in place when needed.

Issue 3: The role of attorneys in the Mediation and Grievance Process.

Recommendation: As provided by the Mediation and Grievance document, at the mediation stage-- which is an informal, non-legalistic, collegial process-- attorneys may not be present.  They may, however, be consulted by all concerned parties.  They may be present at the Tribunal Stage, if requested by either party (pp. 5, 14 -15).
Rationale: At the Tribunal Stage, held when all efforts at collegial mediation have failed and both parties have “dug in their heels,” thus creating an adversarial situation, a judgment on who is right and who is wrong must be formed.  Attorneys are then needed to insure orderliness; to maintain the due process rights of faculty members; and to assure that  “… principles of academic rights, academic freedom, and contractual understanding [are] scrupulously upheld” (Faculty Handbook, Section A, p. 78).

Issue 4:  Concerning the use of tape recorders and court reporting during the Tribunal Hearing.

Recommendation:  These should be permitted, as already provided for in our current Mediation and Grievance document. Generally, tape recording is sufficient (pp. 15-16).
Rationale: The Tribunal itself may need transcriptions to review testimony, to refresh memories, or to resolve disputed points amongst tribunal members. Moreover, Tribunal decisions are not final; higher authorities who were not present during the proceedings may need to review them.  Transcriptions are necessary for this process. Finally, since the Tribunal decision may come before an outside reviewing authority—an agency  (such as the EEOC), or a court—the content of the tribunal proceedings may be needed by both parties to resolve disputed claims.  Such records are the best way to protect the rights of all concerned, including Tribunal members.

Issue 5: Responsibility for counsel for the Tribunal Panel and hearing costs.

Recommendation 1: The Dean of the Law School should appoint legal counsel to assist the Tribunal Panel, as needed. Counsel should be present at the Hearing, if other attorneys are also present. The University shall pay attorney costs for the Tribunal, if the attorney is not granted release time (pp. 14-15).
Rationale: Tribunal members are subject to being sued; therefore, they need counsel.

Recommendation 2: All paper and other costs generated by a Tribunal should be borne by the Office of Academic Affairs (pp.,15-16).
Rationale:  The Mediation and Grievance Committee falls under the Office of Academic Affairs and reports to the Provost.

Recommendation 3: Both grievants should be provided with verbatim transcriptions without cost, if such transcriptions are made (p. 15).
Rationale: It would be unfair and prejudicial if the university provided the administrative party with transcriptions and denied them to the faculty member.

Form with Guidelines for Filing a Grievance:  In order to strengthen, clarify, and expedite the Mediation and Grievance Process, the committee prepared a form containing a set of guidelines for filing a grievance.   This form will be made available through the Faculty Senate Ombuds person and the Chair of the Mediation and Grievance Committee to faculty members who wish to file a grievance. The Committee will also request the Faculty Senate to include this form in Appendix B in the Faculty Handbook.

The committee apologizes for the length of time needed to review your request.  You you know, we have been involved in a lengthly and time-consuming mediation and grievance process which occupied the committee from late last spring through summern and early fall.  This grievance was successfully mediated by the Mediation and Grievance Committee without the need to resort to a Tribunal. (See my memo of 9-1-99).
 

Cc   Members of the Mediation and Grievance Committee
Faculty Senate Steering Committee

Mediation and Grievance Review Panel Members

1999-- Pat Bauch (Chair). Barney Cargile, John Dolly, J.W. Harrell, Peggy Jessee,  Phil Johnson, Martha Morgan,  Charles Osburn, Nancy Rubin

2000--  Peggy Jesse (Chair), Barney Cargile, John Dolly, Martha Morgan, Charles Osburn, Paul Stuart, Stephen Tomlinson,  Jeff Richetto

Exhibit B

(All page and other references are to the April 1999 Faculty Handbook)

1.  To accommodate Recommendation 1 for Issue 1:
 

Add on p. 86 to part I.C, “Definitions of Some Terms,” the following:

“6.  The word “petitioner” as used herein means the grievant who initiates the mediation and grievance process.  The burden of proof rests upon a petitioner.  If a Tribunal is convened because an administrator seeks to impose a severe sanction or to dismiss a faculty member, the administrator is the “petitioner” and has the burden of proof.”

Also, change the existing “6.” to “7.”

Delete the entire text, consisting of 8 paragraphs, of part II.C.2, “Constituting Hearing Tribunals,” pp. 89-90, and substitute the following:

“Each hearing Tribunal will consist of three members selected by the processes described below.

“At the April meeting of the Faculty Senate next following adoption of this language, the Faculty Senate shall select 12 senior tenured members of the faculty of the University of Alabama[, each of whose FTE in teaching and/or research is 0.5 or greater,] to be Tribunal Board members.  The twelve should then be divided by lot into groups of four members each.  The three groups shall serve terms of three, two, or one year(s) respectively.  At each succeeding April meeting of the Faculty Senate, the Faculty Senate shall select 4 senior tenured faculty members (as above) to serve three-year terms as Tribunal Board members.  The Senate shall fill any vacancies by selecting similarly qualified faculty members, who shall serve out the remainder of the term(s) vacated.

“The members of the Tribunal Board shall elect a chair to serve a three year term, and shall fill vacancies in the chair for the remainder of the term vacated. When it becomes necessary to have a Tribunal, the University Mediation Committee shall inform the chair of the Tribunal Board about the pertinent grievance or sanction. Tribunal Board members after discussion and consideration may recuse themselves, but the central importance of faculty participation in University governance requires that Board members recuse themselves only for compelling reasons such as bias or interest.

“The parties to the grievance or sanction shall choose the Tribunal members from those Tribunal Board members remaining.  Beginning with the faculty party, each party shall alternately strike a name from the list until only three remain.  If the chair’s name is struck, the three Tribunal members shall determine on their chair, otherwise the chair of the Tribunal Board shall serve as Tribunal chair.  If either party declines to strike, the other party may continue.  If both parties cease to strike, the Tribunal shall be completed by taking names in alphabetical order from those remaining.

“A person who leaves the University’s employment during the course of a grievance or a sanction may retain his or her seat on a Tribunal.  In the event the person leaving the University chooses not to retain his/her seat, or if a Tribunal member is otherwise unable to continue, the remaining member(s) of the Tribunal shall proceed.  Any person selected to a Tribunal may serve on the Tribunal until the work of the Tribunal is completed.

“Advisors appointed by the Mediation Committee may continue to assist the parties at their request, but otherwise than as herein stated the Mediation Committee shall have no further role in the proceedings of a Tribunal.  The chair of the Tribunal Board will notify the office of Academic Affairs of the needs of the Tribunal, and will act as liaison from the Tribunal to the administration, in order to arrange locations, timetables, and the availability of desired and/or required resources which the University may or must provide.  The chair of the Tribunal Board shall maintain a model set of timetables for Tribunals to consider when adopting their rules and procedures.”

Delete the first sentence of II.C.3, “Procedures in Cases involving Formal Hearings,” on p. 90, and substitute the following language:

“The Dean of the University of Alabama School of Law shall appoint legal counsel [from the University faculty or the Office of University Counsel] to assist the Tribunal, if the Tribunal decides that it needs legal advice.  The Tribunal’s attorney may be present at all sessions, including any prehearing meetings, whether or not the parties are represented by counsel. [Compensation for the Tribunal’s attorney shall be arranged by that attorney in consultation with the Office of Academic Affairs, shall be paid by the University, and may consist, in whole or in part, in released time for a faculty member, or may be considered part of the attorney’s duties if he or she is of the Office of University Counsel.] [The last sentence of the existing paragraph would remain.]

Add to the end of the 5th paragraph of II.C.3, “Procedures in Cases involving Formal Hearings,” for a paragraph which commences “A record...,” on p. 90, substitute the following language:

“Otherwise, if the University makes a transcript of any Tribunal hearing, it will provide a copy without cost to the faculty party.  All paper and other costs generated by a Tribunal [, except the cost of the faculty member’s attorney if any,] shall be borne by the University.”

Exhibit C

FORM WITH GUIDELINES FOR SUBMITTING MEDIATION AND GRIEVANCE REQUEST

NAME OF GRIEVANT:_____________________________________________________________

COLLEGE OR
ACADEMIC UNIT:__________________________________________________________________

DEPARTMENT:__________________________________________________________

CAMPUS ADDRESS:______________________________________________________________

PHONE
NUMBER:_________________________________E-MAIL______________________

OTHER ADDRESS TO WHICH MAILINGS PERTINENT TO THIS REQUEST SHOULD BE SENT (IF APPLICABLE):

_______________________________________________________________________

“The Mediation Committee will accept the faculty member's grievance for action if it decides that the action, as described in [this] appeal, would constitute an improper and prejudicial action by an administrator or faculty committee and that the issues raised are sufficiently related to the concerns of an academic community” (Faculty Handbook, Appendix B.)

Steps 1-6 below may be typed separately and attached (not to exceed five pages).  Statements should be concise. These steps constitute the main guidelines for filing a grievance.
 

1. Principle of academic rights, academic freedom, or contractual understanding violated; or nature of improper and prejudicial action(s):
__________________________________________________________________

________________________________________________________________________

2. University rule(s), regulation(s), or procedure(s) violated (include citation):
________________________________________________________________________

3. Statement of grievance (include specific dates of acts or omissions):
________________________________________________________________________

________________________________________________________________________

4. Statement of remedy sought:
________________________________________________________________________

5. Steps already taken to resolve grievance and results obtained (include dates):
________________________________________________________________________

________________________________________________________________________

6. Name and position of person(s) responsible for dispute and/or omission:

_______________________________________________________________________

Please attach supporting documentation.
 

_______________________________________________________
SIGNATURE OF GRIEVANT

Please mail certified or registered and return receipt requested or personally deliver to the chair of the Mediation and Grievance Committee, listed in the University Committee Handbook.

Copies: Provost and V.P. for Academic Affairs
  Dean
  Department/Program Chair

Exhibit D

PROVOST WROTE:
February 24, 2000

I have reviewed your memorandum and report of February 7 suggesting changes to Appendix B in the Faculty Handbook, which describes The University Mediation and Grievance System.  I will comment in order on each of the proposed changes listed on pages 1 and 2 following page 20 of the report:

1.  I do not agree with this change.  The grievant who initiates the mediation and grievance process is the petitioner. The burden of proof should be established separately.

IT NEEDS TO BE POINTED OUT TO THE PROVOST THAT THE WORDING USED TO ESTABLISH A DEFINITION OF "PETITIONER" IS ALREADY IN THE DOCUMENT.  THEREFORE, IT IS NOT A CHANGE. (SEE II, C3.). THE DEFINITION IS CONSISTENT AND DOES NOT DEVIATE FROM WHAT IS ALREADY THERE.

DELETE "SENIOR" AND SUBSTITUTE "TENURED FACULTY MEMBERS WHO HAVE BEEN EMPLOYED BY THE UNIVERSITY FOR AT LEAST 10 YEARS."

(THIS SHOULD ALSO BE SPELLED OUT IN SECTION IIC PARAGRAH 8 IN DESCRIBING THE APPOINTMENT OF THE LIAISON PERSON.)

THIS IS TRICKY, BUT I THINK THE BEST WE COULD EXPECT THE PROVOST TO ENDORSE MIGHT BE SOMETHING LIKE THE FOLLOWING: "IN CONSULTATION WITH THE LIAISON PERSON DESCRIBED ABOVE, THE HEARING TRIBUNAL MAY RETAIN AN ATTORNEY TO ADVISE IT.  ONE OF THE UNIVERSITY'S ATTORNEYS SHALL BE AVAILABLE TO PROVIDE PROCEDURAL ASSISTANCE TO THE CHAIR AND TRIBUNAL MEMBERS, INCLUDING ATTENDING THE HEARING, IF REQUESTED. IF NO MEMBER OF THE UNIVERSITY COUNSEL OFFICE IS ASSIGNED, THE PANEL MAY REQUEST AID FROM ANY MEMBER OF THE UNIVERSITY FACULTY WHO HAS A LAW DEGREE AND IS WILLING TO SERVE.  COMPENSATION FOR SUCH COUNSEL WILL BE PAID BY THE OFFICE OF ACADEMIC AFFAIRS, AS ARRANGED BETWEEN THE PANEL AND THAT OFFICE.

THE FIFTH PARAGRAPH SHOULD REMAIN AS IS WITH THE FOLLOWING ADDITION AS THE LAST SENTENCE:  "ALL PAPER AND OTHER COSTS GENERATED BY A TRIBUNAL, EXCEPT THE COST OF THE FACULTY MEMBER'S ATTORNEY, IF ANY, SHALL BE BORNE BY THE UNIVERSITY.