Minutes for March 4, 2019

The Faculty Senate of Eastern Kentucky University met on Monday, March 4, 2019 in the South Ballroom in the Keen Johnson Building. Chair Winslow called the sixth meeting of the academic year to order at approximately 3:30 p.m.

The following members were absent:

^* Indicates prior notification of absence to the Faculty Senate Secretary
^ ALT Charles Elliott attended for L. Calderon
^ ALT Jennifer Hight attended for R. Causey-Upton
^ ALT Javier Alvarez attended for E. Liddell
^ ALT Sherry Robinson attended for J. Pogatshnik
^ ALT Bill Phillips attended for D. West

APPROVAL OF MINUTES:

Senator Dyer moved approval of the February 4, 2019 minutes, seconded by Senator Crosby. Motion carried. (YES = 50 votes | NO = 0 votes | ABSTAIN = 3 votes) (See Also:  Individual Votes)

REPORT FROM THE PRESIDENT:  Senator Benson

At last month’s regular board meeting, four applicants for the Board Innovation Fund presented their work and ideas to solve problems and improve quality of life for society at large. These included:

• Dr. Lindsay Calderon and Dr. Margaret Ndinguri informed us about the discovery of a chemical compound that targets cancer tumors, while sparing many of the body’s normal healthy cells, reducing the side effects currently associated with treatment
• Dr. Judy Jenkins’s proposal focused on the utilization of solar energy to reduce our carbon footprint at EKU 
• Dr. Dana Bush received funding to expand comprehensive intergenerational healthcare and child care services 
• Dr. Jason Marion proposed solutions to ensure safe drinking water after natural disasters in developing nations 

Congratulations to all of the winning proposals. The Board intends to hear another round of applicants next year, and both faculty and staff are eligible to submit proposals. 

Another item that generated a healthy amount of discussion at the Board meeting was the acquisition of White Hall.

• This historically significant property will have an immediate impact on our campus outreach and student learning as our city, county and state partners will collaborate for a “partnership for preservation” for White Hall.
• The agreement with the Kentucky Department of Parks includes a revenue increase to cover the anticipated operating expenses of $100,000 in the first two years. It would operate as an auxiliary facility led by EKU Conferencing and Events. 
• This transfer brings an incredible opportunity for direct access to the historic property to use it as a real-world teaching tool for the Department of Recreation and Park Administration (RPA). Students will have a chance to get hands-on experience curating a historic property and the site offers numerous other educational opportunities for several academic programs. 
• A transition team is currently being formed to maximize the benefit for both the university and the general public. 

There was encouraging progress last week on a matter that does have a significant impact on our budget, the proposed reform of university participation in the Kentucky Employee Retirement System (KERS). While faculty and a portion of our professional staff participate in the Kentucky Teachers’ Retirement System (KTRS), the cost of KERS benefits for hundreds of EKU staff has skyrocketed to an anticipated $9.6 million increase in the next fiscal year. It is irrefutable this would be an unsustainable liability for our already stretched budget. The regional university presidents have collaborated on a solution that meets our current obligations to the state, while also protecting employee benefits and rights. House Bill 358, filed by Rep. James Tipton, passed the Kentucky House of Representatives. Next, the bill heads to the state Senate. (See: letter submitted to the Senate, and signed by CPE President Aaron Thompson and all the presidents of Kentucky’s comprehensive institutions, along with KCTCS President Jay Box.)

Senator Benson asked for a moment of presidential privilege to share remarks he wrote earlier this morning.

GUEST SPEAKERS:

Board of Regents Greetings and Remarks. Board Chair Lewis Diaz addressed the Senate briefly. Chair Diaz is on campus the last Friday of every month and is available to meet with faculty or staff by appointment through David McFaddin’s office.

Change in ACT Requirements for Admission. Chair Winslow announced that the presentation with Brett Morris and Gill Hunter will be postponed until the April meeting.

UNFINISHED BUSINESS:

Policy 4.6.12 - Shared Faculty Appointments. Senator Ciocca moved to repeal Policy 4.6.12, seconded by Senator Nachtwey. Motion carried. (YES = 45 votes | NO = 3 votes | ABSTAIN = 5 votes) (See Also: Individual Votes)

Policy 4.1.7 - Student Opinion of Instruction. (See also:  Clean Draft Copy)  Senator Crosby moved to approve Policy 4.1.7, seconded by Senator McCardle. Motion carried. (YES = 51 votes | NO = 0 votes | ABSTAIN = 2 votes) (See Also: Individual Votes)

NEW BUSINESS:

Report from Council on Academic Affairs.  Vice Provost Robinson presented the following materials.

Senator Nowak moved approval of item 1 (new concentration), seconded by Senator Palmer. Motion carried. (YES = 49 votes | NO = 1 vote | ABSTAIN = 2 votes) (See Also:  Individual Votes)

Senator Dyer moved approval of items 2-18 (program revisions), seconded by Senator Woodruff. Motion carried. (YES = 51 votes | NO = 0 votes | ABSTAIN = 1 vote) (See Also:  Individual Votes)

GENERAL & STANDING COMMITTEE REPORTS

REPORT FROM SENATE CHAIR: Senator Winslow

The Executive Committee discussed the relationship between independent studies and reassigned time. Vice Provost Robinson contributed the following:

In 2007, when the issue of “banking hours,” or deferred compensation, was discussed, University Counsel determined that the practice was in violation of the Fair Labor Standards Act. Under this Act, overtime, even for salaried employees, must be compensated within the same pay period during which the overtime occurs. Therefore, an overload for direction of a thesis, dissertation, or independent study in one semester cannot be compensated—even through reassigned time—in a different semester. This issue was revisited in summer 2018 when discussing workload for dissertation committees came up. Current HR and University Counsel came to the same conclusion as in 2007.

In addition to compliance with the Fair Labor Standards Act, University policy addresses the issue as follows:

Following the February Senate meeting Provost Pogatshnik and Dean Zeigler suggested that the format for EKU Forward be changed to a less formal and smaller group session, outside of Senate meetings. Two of these meetings have already occurred, with 1 Senator attending the first, and 3 Senators attending the second. All ideas generated from the meetings will be discussed in Executive Committee meetings.

Just a reminder that President Benson announced during the convocation last August that all current full-time benefited EKU employees, will receive, effective immediately and continuing through June 30, 2019, a free membership at the current Fitness and Wellness Center. Senator Spigelman offers these additional details:

1. Remember your ID because you only get 3 strikes now. They want to swipe it.
2. Make sure you fill out a form that is your official application to the gym.
3. There is/was a ONE-time fringe tax that is specific to individuals. It is between $10-12.

Nominations for Chair and Vice Chair will be taken at the April Senate meeting.

REPORT FROM FACULTY REGENT: Senator Day

As has been widely reported, last week the EKU Board of Regents voted to accept transfer of the historic White Hall property from the state – and the obligations that go along with it.

I ultimately voted against the proposal because more transitional money would probably be needed to stop leaks into the structure, repair flashing and windows, and replace sections of walkway where accidents have already occurred. Also, the Board didn’t receive an inspection report that one would normally expect in a real estate deal.

Chair Diaz made sure to include a reversionary clause in the draft deed. Also, the Board and administration are on the record that White Hall will operate as an auxiliary and that Conferencing and Events contingency funds will be used to make needed repairs. Additionally, Vice Chair Alan Long agreed to include in his motion a provision requiring the administration to report back to the Board in two years stating White Hall’s financial position and identifying all expenditures made on White Hall.

REPORT FROM PROVOST: Vice Provost Robinson for Senator Pogatshnik

Thanks to all of those who have participated in the two sessions to date on EKU Forward. Some of the topics that came up that merit further exploration are looking at ways to increase interactions with feeder community colleges and exploring ways to improve the class over-ride procedures through using wait lists or other mechanisms that would give faculty greater input on course over-rides and result in a fairer process for students.

The General Education Exploratory Group is continuing to meet and explore the possibility of redesigning our general education program. The group has met three times and will continue to meet a couple more times after spring break.

Following last month’s discussion, a revised drafting team met on February 28 to clarify language in the Outside Activities policy revision. The group is in the process of putting together additional information in the policy that will, hopefully, address some of the concerns expressed at the last meeting.

Finally, promotion and tenure documents have been reviewed. Comments have been provided along with the letters of recommendation so that faculty can have immediate feedback.

Please mark the following upcoming dates on your calendar:

• March 8 – Submission deadline for the 18th Annual University Presentation Showcase
• April 8-12 – Scholars Week, including:
  • April 8 - Faculty Awards and Honors, 4:30-6:00 p.m., Faculty Center for Teaching & Learning
  • April 12 - 18th Annual University Presentation Showcase
• May 17 – Pedagogicon
• September 27 – Assurance of Learning Day 2019 

KERS Pension Update. David McFaddin provided a brief update. This information only applies to KERS. Last year higher education contribution rates to KERS were frozen for one year at 49%. If nothing changes before July 1, 2019, the contribution rate will increase to 84%.

The comprehensive presidents under the leadership of President Benson as the convener of that group, worked diligently to bring in stakeholders to work with the system to come up with a compromise solution where the obligation to the liabilities incurred is fulfilled while stopping further decline into the system. Their initial proposal helped to form House Bill 358.

The bill was passed by the House of Representatives, and has moved forward for Senate review. As currently written, House Bill 358 contains the following points:

• The KERS contribution rate would be frozen at 49% for another year.
• The University has the choice to opt out of KERS by April, 2020.
• If the University opts out, new hires would participate in the ORP plan
• Current employees in KERS have the option to remain in the system or voluntarily opt out in lieu of the ORP plan.

If the University opts out of KERS, an actuarial study will be commissioned to determine EKU’s full liability. Once the liability is determined, the University will have up to 25 years to pay it off.

There is a high probability that employees with five years or less would prefer to move into the ORP plan because of portability. One thing to note is that only the individual’s contribution into the system is portable. The state and employer contributions are not portable.

Employees with more than five years may prefer to stay in KERS, and they will be serviced accordingly until they decide to retire. 

STANDING COMMITTEE REPORTS:

Academic Quality Committee. Senator Shannon stated that the final report on their charge should be submitted soon for review.

Elections & University Nominations Committee. Senator McCardle shared the results of the Faculty Regent Election:

Since none of the candidates gained more than 50% of the total votes, there will be a runoff between the two candidates with the most votes: Jason Marion and Richard Crosby. The runoff election will run from Monday, March 18 to Friday, March 29. Everyone who is eligible to vote will receive an electronic ballot on March 18.

Ad Hoc Committee on EKU Forward. Senator Winslow reported that there are three meetings remaining for the semester: March 25, April 15, and April 29. Meetings are at 3:30pm in the Teaching and Learning Center in the Library. Meetings are open to the public.

ADJOURNMENT:

Vice Provost Robinson moved to adjourn at approximately 4:30pm.

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(See Also:  Polling Results by Motions & by Senators)

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