Board of Trustees Meeting Minutes

              •
CKNTR A L IIICHIGAN UNIVERSITY
BOARD OP TRUSTBRS
October 5. 1984
• • Cent ral Mic hi gan Uni ve r sity Board 01 Trustees
Meet i ng 01 Oc t obe r 5, 1984
Mt . Plea sant, Micbigan
Members present: Mr. Alfred J . Fortino, Chair;
Dr . Bernadine N. Denning; Mr . Raymond A. LaBounty;
Dr. Gordon N. Lambie; Ms . Rachael E. Moreno; Mr . William C.
Odykirk; Mrs. Margaret Ann Riecker; Mrs. Alice Tomboulian;
Dr . Harold Abel , President .
Members absent: none .
Also attending: Dr . John E. Cantelan , Provost; Mr . Arthur E.
Ellis , Vice President for Public Affairs; Mr . James L. Hill,
Vice President for Student Affairs; Mr . Richard L. Miller,
Secretary to the Board of Trustees; Mr . Jerry R. Tubbs,
Treasurer of the Board of Tr ustees and Vice President for
Business And Finance .
4IIt ~The meeting was called to order by Chair Fortino at 9:56 a.m.
•
Mr . William Ke nnis , Pr esident of Student Government Associa­tion
, a nd Mr . G. R. Denison, Mr . Barton LaBelle , Mr . Charles
Anthony and Mr . Clarence Tuma, members of the local community,
requested permission from the Chai r to address the Board of
Trustees in praise of the President .
The minutes of the July 20 and August 15. 1984 meetings were
approved as presented .
EMERITDS RANK FOR JACKSON M. ANDERSON:
It was moved by Mrs . Marga r et Ann Riecker, seconded by
Dr . Be r nadine Denning , and carried, that Jackson M. Anderson,
Professor, Recreation and Park Administration, be granted
eme r itus rank effective September 1, 1984 and that the follow_
ing resolution be ado~ted .
• 2054
~ritus Rank coatinued
WHEREAS, Jackson Anderson has devoted many years to the
service of the recreation and leisure services
profession, the last ten in the State of Michigan;
and
WHEREAS, This adopted son of Wichigan has given
national leadership in the areas of school and
industrial recreation; and
WHEREAS, He has. been instrumental in developing a
cooperative working relationship between the
professions of community education and recreation;
.nd
WHEREAS, He has contributed greatly to the develop­ment
of the Department of Recreation and Park
Administration at Central Michigan University,
bringing it to a level of national prominence and
professional accreditation; and
WHEREAS, His leadership in the graduate program bas
made him an enduring friend of many students and
colleagues;
BE IT THEREFORE RESOLVED, That the Board of Trustees,
on behalf of the University community, expresses
appreciation and gratitude to Jackson Anderson for
his contributions to Ce nt ral ~i cbiga n University and
extends Professor Emeritus rank .
EMERITUS RAMI FOR RICHARD PO' ELL:
It was moved by Dr. Gordon Lambie, seconded by Mr. William
Odykirk and carried that Richard L. Powell, Professor, Com_
munication Disorders: be granted emerituS rank effective
August 1, 1984 and that the following resolution be adopted.
WHEREAS Richard Powell has served Central Michigan
Univer sity in the Department of Communication Dis­orders
since 1961, as a valued faculty member and
outstanding teacher; and
WHEREAS, He has provided exempla ry leadership in
several positions during the course of his career at
the University, directing the program, the Summer
Remedial Clinics and the Speech and Hearing Labora­tory;
and
2055
• •
•
•
Eme r i tus Ra nk cont inued
WHEREAS , Richard Powell has been faithful to the
standards ot his profession in the pursuit ot
scholarly research, independently and in collaboration
with students, and
WHEREAS. He bas been an active participant in
community se rvices both on campus and in the broader
local community;
BE IT THEREFORE RESOLVED, That the Board of Trustees.
on behalf of the University community, expresses
appreciation and gratitude to Richard Powell for his
contributions to Cent ral Michigan University and
extends Professor Emeritus rank.
BMBRITOS RANI FOR GRORGI STANSBERRY :
It was moved by Yr . William Odykirk , seconded by Dr . Bernadine
/ Denning, and carried, that George Stansberry. Superintendent!
, ... Grounds , Physical Plant, be granted emeritus rank effective
~ September 22 , 1984 and that the following resolution be adopted.
WHEREAS, George Stansberry has devoted many years ot
full - time ser vice to Central Michigan University as
ASsistant Superintendent of Grounds and Su pe r i nte n­dent
of Grounds; and
WHEREAS, He has provided invaluable leadership a nd
outstanding dedication in the care and beautitication
ot University g rounds; and
WHEREAS, His unparalleled knowledge of landscaping,
turf management, and athletic fields has proven
invaluable to the University community; and
WHEREAS, He has supported his community and worked
for its betterment through participation in various
commi t tees and groups , serving as past Commande r of
the VFW Post , Vice President ot the Isabella Com­munity
Credit Union Board or Di rectors. a nd as a
member of the Sacred Heart Parish choir; and
2056
• • Raerl tus Ratlk eoatinued
WHEREAS, H1s r eputation tor integrity , unselfish
service, commitment and dedication to Central
Michigan University 1s unquestioned; and
'HEREAS, HLs high- decibel enthusiasm and Chippewa
Pride, evident at both home and away activities, are
legend in the eMU community; and
'HEREAS, Hls terri tic sense ot humor has brought
delight to his co-worke rs , and his epicurean
excursions throughout this country have brought great
delight to him;
BE IT THEREPORE RESOLVED , That the Board ot Trustees ,
on behalt ot the University community, expresses
appreciation and gratitude to George Stansberry lor
his cont ributions to Cen tral Michigan Unive r sity and
e xtends Emeritus rank .
KMER ITUS RAHI FOR MARGARET J. WOLF: tit
It was moved by Mrs. Alice Tomboulian, seconded by Dr . Bernad ine
Denning, and ca rr ied , that Margaret Wolf, Associate Director ,
Financial Aid, be granted emeritus rank effective October I,
1984 and, that the following resolution be adopted .
WHEREAS, Margaret 'olf has devoted many years of ser vice
to Central Michigan Uni ve rsity ; and
WHEREAS, She served on the Registrar's Office staff
and through her efforts facilitated the academic
growth of Central Michigan University students; and
WHEREAS , She served in various staff capacities
culmina ting as Associate Director in the Office of
Financial Aid a nd through her efforts assisted
thousands of students a nd pa r ents plan for financing
their Ce ntral Michigan University educa tio ns; and
WHEREAS, She has participated i n University commit_
tees and professional associations through the yea r s ;
BE IT THEREFORE RESOLVED, That the Board of Trustees ,
on behalf of the Unive r sity community, expresses
2057 •
•
EIIeri tus Rank continued
app reciation and gratitude to Warga ret l olf for her
contributions to Central Michigan University and
extends Eme r itus rank .
DRAN'S RBPORT:
Or . Douglas D. Friedrich , Dean. School of Graduate Studies;
Chai rpe rs on , Task Fo r ce on the Polymer Science Doctorate .
GRADUAT ION LIST FOR AUGUST 1984 :
It was moved by Mr s . Margaret Ann Riecker, seconded by
Ms . Rachae l Moreno. and ca rried, that the graduation list for
August 1984 , upon cer t ification of the Registrar and acceptance
by the Academic Senate. be a ppro ve d .
- ACADRIUC ORGANIZATION: CAcade.ic Affairs co. .)
..
It was moved by Mrs . Alice Tomboulian. seconded by Mr s .
Ann Riecker , and ca rr ied. that the followi ng resolution
adopted .
Marga r et
be
BE IT RESOLVED, That the Unive r sity Policy on Academic
Or ganization (Chapte r 5, page 22-0 o f the Policy
Manual) be amended to read as tollows ( new language
is 1n capital letters and language to be deleted 1s
underlined) :
POLI CY ON ACADEM IC ORGAN1 ZATION
Proposals for the c r eation ot new schools/colleges; r eorgani_
zation ot existing schools/colleges, including the shifting of
departments or other academic units trom one SC hool/college to
ano ther ; creation at new departments; dissolution of depa rt­ments;
and changes of school/college and de partment names must
be submitted to the faculty of the department(s) and school(S ) ,
and col lege(s) concerned for action . PRIOR TO SCHOOL/COLLEGE
ACTION, PROPOSALS NUST BE DISCUSSED AT SCHOOL/COLLEGE IN POR­MATIONAL
ME ETINGS . FORMAL ACTION BY SCHOOL/COLLEGE FACULTY ON
PROPOSALS SHALL OCCUR WITHIN THIRTY DAYS OF THE INFORMATIONAL
2058
continued
MEETING. Actions taken by the faculty of the school(s)/
college(s) s hall be recorded and reported to the Academic Senate
office within thirty days TWO WEEKS of the action .
Proposals r equi ring the allocation or r eallocation of r esources
must be endorsed by the Planning Process.
Proposals which involve more than one school/college, and which
have been approved by all the schools /col l eges involved , shall
be submitted to the Academic Senate for app r ova l . Pr oposals
wbich involve only one SChool/col lege , and which have been
approved by that school/college , shall be published by the
Senate . If a proposal is objected to by an academic unit within
thirty days of publicat i on, - it must be submi tted to the Senate
for app roval. If a proposal i nvolving more than one school/
college is not approved by one o r more of the schools/colleges
involved , and is approved by the other (s) , it may be r eferred to
the Senate by any of the schools/colleges involved . If a
proposal involving only one school /college is not approved by
that school/college, a department or unit within that school/
college may appeal the decision to the Senate . The Sena te
shall com plete its consideration of a proposal with in Sixty days
of receipt by the Executive Board of the proposal, o r a referral
or appeal, o r an objection.
Proposals r ecommended by the Academic Senate shall be for warded
by the President , together with his or ber recommendation, to
the Board of Trustees for consideration and action .
. Objections to the publication items a re to be submitted to the
chairpe r son oC the Academic Senate within thirty days of pub­lication.
It was moved by Mrs . Alice Tomboulian, seconded by Mr s . Margaret
Ann Riecker, and carried, t ha t the following resolution be
adopted .
BE IT RESOLVED, That the University Pr ocedur es fo r
Handling Questions of Professional Co ncern Involving
One or More Members of the Faculty (Cha pte r 4, pages
14-R through 21B-R, ot the Policy Manual are amended
2059
••
•
•
Procedures • • • Professional Concern ••• continued
to r ead as tollows (new language is in capital
letters and language to be deleted is unde rlined):
PROCEDURES FOR HANDLING QUESTIONS OP PROFESSIONAL CONCERN
INVOLVING ONE OR MORE M!MBERS OF THB PACULTY.
Preface
A university's affairs idea lly are conducted with scr upulous
care for free and full i nquiry, o pen and participatory
decision-making , and just a nd eq uitable Judgment based upon
known and accepted standards . Neve r theless, a large and
complex institution, involvi ng persons with varying duties and
perspectives, cannot always achieve this ideal through its
normal organizational processes. Thus, instances a rise where
one or more members ot a university are concerned that deci­sions
have been made that are unjust o r inequitable, or. that
have been reached in ways that fall shor t of existing pro­cedural
requirements. To tbe extent tha t such concerns remain
unaddressed, a university as a whole suffers . It is, th e r e­fore
, necessary that a means be r eadily available to address
and vent concerns and where necessary , remedy tbe situation
that gave ri se to such concern s . To that end, the following
procedures are established fo r the faculty o f Central Michigan
Universi ty.
I. Purpose
These procedur es bave the followlng general purpose: To ensure
that faculty members, in matters in volving r eappointment ,
tenure , promotion , sa l a ry, o r other matters of professional
concern, are not adversely affected through decisions substan_
tially resulting from or substantially influenced by o ne or
. This is the on ly internal grievance pr ocedure available to the
temporary faculty. However, faculty in tenure track positions
may have available for t heir use the grievance procedure con­tained
in the curr ent Agreement. Regula r faculty may use only
one internal grievance procedure for an issue and may not have
the same issue considered in two different internal grievance
procedures available to them . Faculty members should , there_
fore, carefully consider which inter nal grievance p rocedure
they would like to follow before filing any grievance .
2060
Procedures ••• Professional Concern ••• continued
more of the following: a) failure to comply with Departmental,
School , or University procedures; b) errors of fact; c) preJu­dice
or arbitrary and capricious action; d) factors violati ve at
academic freedom .
II. Definitions
These definitions do not supersede or alter definitions con­tained
in other Universi ty Policies . They are In effect solely
for the purpose and scope of these procedures , and their func­tion
and effect within these procedures is not limited by
definitions contained In other university policies.
Claimant _ a faculty member(s) who flIe(s) a complaint under
this procedure .
allegatIon that one or more causes for a griev_
complaint may be withdrawn by the claimant at any
written notice to the Chairperson of the Academic
• •
Counsel - a member of the legal profession or any person chosen •
by the claimant or respondent to represent that party in the
formal hearing. If either party chooses to use a member of the
legal profession as "counsel," that party at the earliest
opportunity shall IN WaITING advise the other party and the
Chairperson of the Academic Senate that a member of the legal
profession will be serving as "counsel . "
Day _ a 24-hour span of time during which undergraduate or
g r aduate classes are in session on campus , during FaIlor Win ter
semesters, and excluding university holidays, Saturdays and
Sundays.
_ those persons, full-time or part-time, tenured o r non­,
regular or temporary , who have been appointed by
Central Michigan University to faculty rank, and whose r espon­sibilities
include teaching o r research . This definition
includes coaches, counselors , and librarians who hold faculty
rank.
Grievance _ a complaint which has been referred to a Formal
Hearing Committee . A grievance may be withdrawn by the claimant
at any time prior to the presentation of the Formal Hea r ing
Committee's decision, by giving wr itten notice to the
Chairper son of the Academic Senate.
2061 •
Procedures •. . Professional Concern ••• continued
Grounds for Grievance - allegations that the claimant, in
matters involving reappointment, tenure, promotion, salary, or
other matters of professional concern , has been adversely
affected through decisions substantially resulting from or
substantially influenced by one or more of the following:
a) failure to comply with Departmental, School, or University
procedures; b) errors o f fact; c) prejudice or arbitrary and
capriciOUS action; or d) factors violative of academic freedom.
Procedures
1) Duly developed and ratified written procedures contained in
the Faculty Handbook or Agreement in force at the time of
the alleged failure to comply, or such written procedures
duly developed and ratified in compliance with the Agreement
or the Handbook .
2) The not necessarily written, but accepted and normally
followed practice of decision-making bodies at the
Department , School , or University level, in which case a
claimant must show that a normally followed practice e xists
and was not followed, to his /her detriment .
Respondent _ the person(s ) against whom the complaint is
lodged. While a complaint is being brought against specific
individuals, Central Wichigan University is the respondent
because the complaint is an allegation that specific persons,
acting on behalf o f the University , committed acts of omiSSions
leading to an adve r se effect upon the claimant . For purposes of
clarity, however, the word "respondent" is used in this document
to speak of the specific individuals and not of Central Michigan
UniverSity.
III. Procedural Stages and Deliberative Bodies
There are three stages in the process, each of which is designed
to serve specific functions . These stages are:
A. Initiation/Informal Stage; B. Preliminary Review; and
C. Formal Hearing . Each of the stages involves a distinctive
g r oup of individuals with a specific charge and set of proce­dures.
These groups and their charges and procedures are as
follows:
A. Initiation/Informal Stage
1 . Pers ons Involved . The persons whom may be involved in
the Initiation/Informal Stage are: the claimant; the
respondent; the Chai rperson or other members of the
2062
Pr ocedu.res ••• PTofessional Concern • • • conti nue d
Department in wbich any person, whether claimant o r
r espondent, may be housed; the Dean of the School tn
which any person , whether claimant or respondent, may be
housed; and the Vice President for Academic Aftairs/
Provost. Department Chairpersons, Deans , and the Vice
President fOr Academic Aftairs/Provost may name
designees, provided that the designees are able to serve
throughout this stage and are able to settle the matter
with the same degree ot authority as that vested in the
person i n whose place they serve. However, when any ot
the above persons are directly involved in the
complaint, they must participate in this stage and may
not name designees; persons named above who are not
directly involved in the complai nt may be asked to
participate by either the claimant or respondent. - It
asked to participate, they or their deSignees must take
part. Such requests shall be made in writing to the
person or persons involved and the Chairperson of the
Academic Senate .
• •
2. Charge . The purpose of this stage is to provide for
direct consultation among the parties to the •
disagreement so that the conflict might be resolved
through conciliation of ditterences. It this group
reaches a resolution satistactory to claimant and that
respondent is authorized to grant, such resolution shall
.be binding on all of the parties involved .
3. Procedures. When a faculty member has a complaint con­cerning
such matters as those stated in Section II,
above, he/she sball notify the Chai rperson ot the
Academic Senate in writing, stating the tollowing
matters: a) a summary of the nature of the complai nt
aDd the grounds on which it is based; b) the party or
parties against whom the complaint is brought ; c) any
remedies which are requested . Such complaint must be
·lndividuals thus asked to participate may fee l tbat they are
being harassed. An individual who feels that he/sbe is being
barassed may indicate that teeling in a letter to the
President ot the University. The President, atter consulting
with both parties , shall determine whether harassment is
involved and, it he/She so determines, may r elieve the indi­vidual
of designated responsibilities under these procedures .
2063 • •
Procedures .• • Protessiooal Concer n •. • conti nued
tiled not more than SO· days atter tbe first occurrence
ot the event giving rise to the complaint or within 60
days after the person bringing the complaint reasonably
should have known ot information giving rise to the
complaint.
The Cbairperson (or Actinl Chairperson) ot the Senate ,
upon receipt of such written notice , shall ascertain
which persons named in Paragraph 1 , above are to
participate at this stale; and shall, within 15 days,
convene a meeting of all persons involved at this
stage . The Chairperson ot the Senate shall not parti­cipate
in the meeting or its conclusions, except to
convene the meeting and certify that all persons are in
attendance.
This meeting shall be conducted under the tollowinl
procedures:
Ca) A 8ingle meeting shall be held, it possibl·e, but in
no event should it take more than ten (10) days to
complete this stage unless the time limit is
e~tended by mutual agreement by the claimant and
respondent .
(b) If a resolution satistactory to claimant and within
the authority ot respondent to grant is reached , a
written statement, containins a description ot the
complaint and its resolution shall be drawn up and
Signed by all persons participating at this stage .
Once signed, this statement shall be binding on all
parties and on the univerSity, and shall be
forwarded to the President of tbe University tor
implementation .
Cc} It the complaint is not resolved, a wr itten state­ment
to that eftect shall be drawn up and signed by
all persons participating , but shall not include a
desc r iption ot the complaint o r the reason for non­resolution
.
(d) Tbis statement sball be forwarded within tive (5)
days, by the claimant, to the Chai r person ot the
Academic Senate, who shall then reter the matter to
the next stage .
e) If any ot the pe r sons required o r requested to
participate at this stage fail to do 80, or the
2064
Procedures ••• Professional Conce r n •• • continued
meetings are not held and eoncluded as ealled for
above, tbe complaint shall automatically be
forwarded by the Chai rpe r son of t he Academie Senate
to the next stase . However, if the claiman t fail s
to participate or to meet a time limit, the case
shall he considered wi thdrawn.
(f) It is understood that the claimant's pe rsonnel
records are not to show the fact of bis/her baving
brought a complaint, regard l ess of whether the
complai nt affects a personnel decision shown in
those r ecords ••
B. Preliminary Review
1. Persons Invol ved. The University Gri e vance Review
Committee , a standing Committee of the Academic Senate,
shall he composed of nine faculty membe r s eleeted at
la rge hy the Academic Sena te from a double slate of
nominees, to serve staggered three_year terms . In May,
an o rganizational meeting of the Committee will be
scheduled by the Chai rperson of the Academic Senate. ~
The purpose of this meeting sball be t o select a
Chairperson and to set a regular meeting time for the
following aeademi c year ( August through May ) . In
2.
addition, the ne wl y-elected members s bal l be briefed by
tbe Chairperson of the Academic Senate on the procedures
aecording to which the Committee shall o perate .
'hen a member of the Commi ttee has participated in the
decision giving ri se to a eomplaint, t hat member sball
be disqual ified trom participation on tbe committee for
that case . 'here there is dispute over a membe r's
participati on in a decision, or for other proper
reasons, either party may r equest that the Executive
Board of the Academic Senate, through a majority vote
for removal, disqualify tbe member ot the Committee from
a particular case .
Charge . The Unive r sity Grievance
meet with claimant and respondent
Revie. Committee
for t he purpose
shall
· Personnel files are defined as any records used in making per_
sonnel recommendations and decisions.
2065 •
Proceduree •• • Pr o fossional Concern •• • conti nued
3 .
ot determining whether or not the complaint warrants
referral to a Formal Hearing Committee . The Revi ew
Committee is specifically charged to determine .hether
the need for a formal hear exists. tbat the
complaint is NOT
FRIVOLOUS) ilia party
should prevail .
3 . PROCEDURES . 'ITHIN FIVE (5) DAYS OF THE RECEIPT OF A
REFERRAL THE CH AIRPERSON OF THE ACADEMIC SENAT~ SHALL
PLACE THE MATTER BEFORE THE UNIVERSITY GRIEVANCE REV IE'
COMMITTEE AND SHALL NOTIFY THE CLAIMANT OF THE NEED TO
SUBMIT A WR ITTEN STATEMENT CITING THE PARTICULARS OF
THE PROBLEM AS SPECIF IED IN III.A.3. ABOVE . UPON
RECEIPT OF THIS NOTIFI CATI ON, THE CLA IMANT SHALL HAVE
FIVE (5) DAYS TO SUBKIT THIS STATEMENT TO THE ACADEMIC
SENATE CHAIRPERSON AND THE RESPONDE NT. FOLLO'ING
RECEIPT OF THE CLAIMANT ' S WRITTEN STATEMENT, 'ITHIN FIVE
(5) DAYS , THE RESPONDENT SHALL SUBM IT TO THE CHAIRPERSON
OF THE ACADEMIC SENATE AND TO THE CLA IMANT A WRITTEN
STATEMENT RESPONDING TO THE ALLEGATION(S) OF THE
CLAIMANT . COPIES OF BOTH STATEMENTS SHALL BE PRESENTED
TO THE COMMITTEE BY THE ACADEMIC SENATE CHAIRPERSON.
Tbe meeting(s) of the Committee .ith the clailllant and
r espond ent shall be conducted in compliance .ith the
follo.ing procedures:
(a) The Committee shall com
r en er ts ec s on w t
rsce pt of a re erra ;
lete its delibera tion and
n t went - ve 25 a s of
(a) THE COMMI TTEE SHALL COMPLETE ITS DELIBERATION AND
RENDER ITS DECISION 'ITH IN T' ENTY-F IVE (25) DAYS OP
RECEIPT OF THE CLAIMANT'S AND RESPONDENT'S 'RITTEN
STATEMENTS FROM THE CHAIRPERSON OF THE ACADEMIC
SENATE.
2066
Procedures ••• Professional Concern • • • continued
(b) All meetings of the University Grievance Review
Committee shall be closed to the public;
(c) All communications concerning the complaint shall
he directed to the Chairperson ot the Committee;
(d) The meeti ngs shall be conduc ted informally ;
(e) The Committee shall meet first with the claimant ,
then with the respondent;
(f) In order t o SUmmarize more accurately the points
at issue in a particular case, the claimant or
respondent may, with the approval of the commit_
tee, rewrite their respective statements in the
course of this stage, provided that no new issues
are raised and no substantive change made in the
complai nt or response . If the committee judges
that substantive changes have been made or new
issues raised, the committee may refer the matter
back f o r initiation at the informal stage, with
time limits to be reckoned de ~; ~
(g) 'hen a c laimant's or respond e nt ' s written state­ment
i s r ewritten during this stage, the o ther
party shall have adequate opportunity to examine
and respond to such modification;
(h) The Committee shall have the right to question the
contents of any of the wr itten statements;
(i) 'hen necessary for carrying out its charge. the
Committee s hall bave the right to request
consultation with any person who has direct
knowledge of the issue . No action to involve
students in a hearing shall be taken without
Committee authorization;
(J) Afte r hearing the c laimant and r espondent
indi vidually, the Committee shall meet jointly
with botb t o ascertain whethe r a mutually
agreeable r esolution is possible;
(k) In order to vote, a Committee member must be
present to hear all the e vidence presented in a
particular case , and the voting participation of
at least six members shall be r equi red to render a
decision ;
2067 •
I
J
• Procedu.res ••• Pro fe8si onal Concer n ••• conti nued
(I) In the even t tha t fewer than six members are
eligible to participate in a vote . the case shall
be reheard by the Committee.
Upon conclusion of the meeting(s) , the Committee shall
decide whether or not to refer the matter to a Formal
Hearing Committee . This dec ision shall be made
primarily on the basis o f the claimant's and respond­ent's
f inal writ t en statements . A referral sha l l be
made unless the Committee determines otherwise by
(a) unanimous vote, where the complaint involves tenure,
reappointment or p r omotion; or (b) two- thirds where the
complaint involves matters of profeSSional concern other
than tenure , reappointment or promotion .
The Committee's decision shall be transmitted in writing
to the claimant , the respondent, the Chairperson of the
Academic Senate, t he office of t he President of the
University and other University personnel as deemed
appropriat e by the Committee . The documents in the case
shall be deposited with the Chairperson of the Academic
Senate. It the Committee decides to refer the matter to
8. Formal Hearing Committee, the Chairperson of the
Academic Senate shall deposit all documents concerning
the case with the Chairpe r son ot the Formal Hearing
Committee . Whe r e the Committee determines that no
referral shall be made , and no appeal is made . the
Chairperson of the Academic Senate sha l l retu r n all
documents to those who pr esented them.
4 . Appeal . Where a cla imant alleges that the Grievance
RevIew Committee has violated the procedures established
in 3 above, to his or he r detriment, he or she shall
appeal in writing to the Chairper son of the AcademiC
Senate within ten (10) days of r eceipt of the Grievance
Review Committee ' s decision . The Executive Board of the
Senate shall, at its next scheduled meeting . consider
the matter and decide whether to forward the complaint
to the next stage . If the complaint is sent to a fo rmal
heari ng committee, the holding of a formal hearing shall
constitute the remedy for an e rror o f procedure by the
Grievance Review Committee .
C. Fo r mal Proceedings
1. Persons Involved . The Chairperson of the Academic
Senate , havlng rece ived a refe rral trom the Grievance
2068
, •
Procedures . •• Professional Concern ••• continued
Review Committee, shall impanel a Formal Hearing
Committee . This Committee shall be composed of seven
(7) members, se l ected trom a panel ot eleven ( 11)
regular faculty members to be drawn by lot at an
Executive Board meeting trom the list 01 the regular
faculty of the University, excluding members at the
University Grievance Review Commi ttee . Faculty members
unwilling or unable to serve shall be excused and other s
substituted tor them , to be cbosen 1n the same manner.
Claimant and respondent e ach shall have the right at two
peremptory challenges , which, it exe r cised, would r educe
the panel to tbe r equi red seven members. It not exe r­cised,
the Executive Board shall select the Committee of
seven from the panel. In all cases, pe remptory Chal­lenges
shal l be treated confidentially. If after the
tirst meeting of a Pormal Hearing Committee a member
should hecome ill o r tor any reason be unable to con­tinue,
the Committee shall continue without that person.
In a case where this reduces the size o f the Committee
to less than five (5) members, the Committee shall be
discharged and an o ther Committee selected in the same
manner as the original. ,
In order to vote, a Committee member must have been
presen t to hear all the e vidence presen ted in a particu_
lar case.
2 . Charge . The Formal Hearing Committee shall conduct a
hearing according to the following procedure and render
a _ritten decision. This decision shall in clude an
appropriate remedy including but not limited to, t e nure,
promotion, retention or financial compensation .
Burden of Proof. The grievant shall have the burden of
proot in ali grievances except for those involving the
following :
(a) the dismissal ot a tenured faculty member
(b) the dismissal o t a non-tenured faculty member
before the expiration ot the individual's contract
term
(c) a r e primand in writing, a reduction in compensa­tion
as a disciplinary action, o r a redu c ti on in
rank ot a t e nur ed or tenure track faculty member
(d) appeals initiated by a respondent under this
srievance procedure.
2069 • •
Proeedures ••• Prof ••• looal CoDeer n ••• cODtitlued
3. The Formal Hearing
conditions shall be as
follows:
(a)
(a) THE CHAIRPERSON OF THE ACADEMIC SENATE SHALL
CONVENE THE FIRST MEETING OP THE FORMAL HEARING
COMMITTEE AND EXPLAIN THE CHARGE OF THE COMMITTEE.
(b) The Formal Hearing Committee shall name its own
chairperson who shall have full voting rights along
with tbe other members of the Committee.
(c) Followins the initial meeting , the Chairperson of
this committee shall send a written description of
procedural ricbts to the clai~ant and respo ndent.
Tbese rights include:
(1) The right to assistance by counsel
(2) Tbe right to call witnesses to 8upport his or
her post tion
(3) The rilht to inquire into all written and oral
testimony
(4) The right to kno_ the identity ot all wit­nesses
and authors ot all written testimony,
and the opportunity to confront all such
persons. Anonymous testimony or hearsay
evidence is not admissible.
(d) The claimant has the right to r equest tbat all
meetings be closed to the public and that all
testimony and evidence be kept confidential during
the proceedings. Un less tbe claimant requests that
the meetings be closed, the meetings will be open
to tbe public.
(e) The Formal Hearing Committee shall, in conference
with tbe claimant and respondent, have the right
to:
2070
Procedur es • •• Pr 01essional Co ncern •• • con tinued
(t)
(0)
(h)
(1)
(j)
(k)
(1)
(1)
(2)
Place reasonable time limitations on the
testimony of the claimant and responde nt
Place reasonable time limitations on
summations of the claimant and respondent at
the close 01 the hearings.
Tbe Chairperson of the Formal Hearing Committee
shall bave tbe right to rule as to the relevance of
testimony at any time during the hearing . A
majority vote 01 the Committee may overrule the
Chairperson.
It is assumed that both claimant and respondent and
their counsel will be present at all sessions 01
the hearing except when decisions are being made .
Witnesses shall be present only when their
testimony is being given , unless the Committee
determines, by major ity vote, that the presence of
any witness(es) du r ing testimony other than their
own is appropriate .
The entire hearing shall be tape recorded .
'ithin ten (10) days after the close of the
bear ings, the For mal Hear i ng Committee shall
present its decision to the claimant and respondent
involved, to the Chairper son of the Academic
Senate, and to the President 01 the University .
The Formal Hearing Committee may establ ish , by
majority vote , any additional procedural rules.
All requests for acquisition of rooms , recording
equipment and personnel shall be handled th r ougb
tbe Academic Senate Of lice .
The Formal Hearing Committee shall reach its
decision by majority vote of those eligible to
vote . A committee consisting of those members who
cast the majority vote shall draft a sta tement
which responds to all charges i n the grievance,
which states the rea sons fo r the decision, a nd
which specifies an a ppropr iate r emedy . The
statement shall be sent to all pa r ties of the
grievance . to the Chairper son of the Academic
Senate and to the President of the Unive r sity, and
shall be signed by the enti re committee.
2071
•
• •
• •
Pr oce dur es • •• Pr oles siona l Concern . •• continued
(m)
(0)
(0)
(p)
4 .
If a publ ic statement is to be made, it shall be
made through t he University's Info r mation Services.
The final wr itten statement referred to in (1)
above shall be kept permanently on file in the
Academic Senate . Upon conclusion of the hearings,
other documents and tape recordings shall be placed
in a sealed envelope in a locked file . Custody of
this file shall be entrusted to the Chairperson of
the Academic Senate . This file shall be located in
the office of the Academic Senate . The documents
and tape reco rdings shall be destroyed after a
period of seven (7) yearR, unless needed for the
protection of the University's interest or unless
requi red by law . Where documents and tape
recordings a re to be retained for longe r than seven
(7) years, the office of the Academic Senate will
be notified by the Administration.
'here there is no appeal from the decision Of tbe
Formal Hearing Committee . the findings of the
Committee shall be put into effect by tbe appro_
priate University personnel.
It is unde r stood that the c l aimant's personnel
records are not to show the tact of his/her having
brought a grievance, regardless of whethe r the
grievance affects a personnel decision shown in
those r ecords . ·
- Personnel files are defined as any records used in making per­sonnel
recommendations and decisions .
2072
Procedures ••• Protessional Concern ••• continued
4 . APPEAL. EITHER THE CLAIMANT OR TilE RESPONDENT SHALL
HAVE THE RIGHT TO APPEAL THE DECISION OF THE FORMAL
HEARING COWMITTEE TO THE PRESIDENT . NOTICE OF DECISIONS
TO APPEAL MUST BE PRESENTED IN 'RITING BY CLAIMANT OR
RESPONDENT WITHIN ONE CALENDAR MONTH OP RECEIPT BY THAT
PARTY OF THE DECISION BY THE FORMAL HEARING COMMITTEE .
THE GROUNDS FOR AN APPEAL SHALL BE AN ALLEGATION THAT
THE FORMAL HEARING COWMITTEE HAS VIOLATED THE PROCEDURES
OR CHARGE AND CONDITIONS (INCLUDING THE APPROPRIATENESS
OF REMEDY) ESTABLISHED IN 2. AND 3 . ABOVE , TO THE
DETRIMENT OF THE CLAIMANT OR RESPONDENT. THE NOTICE OF
APPEAL SIIALL BE SENT TO THE PRESIDENT, TO THE CHAIR_
PERSON OP THE ACADEMIC SENATE, AND TO THE OTHER PARTY.
'here an appeal is made, the Chairperson ot the Academic
Senate shall transmit to the President t o r review the
full transcript and Tepo rt of the lIearing Commit tee .
Tbe Cbairpe r son ot tbe Formal Hearing Committee and both'
claimant and respodnent shall be present with the
President whe n he/she tormally conside r s the matter.
The President sball a fti rm the dec ision, unless he/she
tinds that the Formal Hearing Committee has violated the
procedures or charge and conditions ( including
app r opri ateness ot remedy), established above, to the
det r iment of cla imant or r esponde nt . In this latter
situation , and when the appeal i s by r espondent, the
President may remand the grievance tor final rehearing .
'hen the appeal is by claimant and tbe President tinds
tbat a prejudicial error o f procedure has occurred, the
President shall r emand the grie vance fo r final reh ear­ing.
A decision to remand sball be r endered in writing
to the Chairpe rson at t he Academic Senate, the claimant,
and tbe responden t, with an explicit statement of
his/her reasons . Upon remand, the Chairperson ot the
Academic Senate shall empanel an entirely new Formal
Hearing Committee .
In any appeal of t he appropriateness or remedy, the
rehearing s hall be restricted to that issue .
2073 •
• Procedures ••• Protessional Concern ••• continued
The fact that appeals are resolved through taculty
hearing committees represents a significant delegation
of autho r ity to the fac ulty and is an expr ession ot
contidence in the professional judgment ot the faculty.
Given th ese dimensions of this arrangement, the appeal s
mechanism will be revie wed by tbe Faculty-Trus tees
Liaison Commi ttee every four years or fo llowing the tull
resolution of ten grievances using this procedure,
whi c hever occurs first.
B. Costs
The cos ts of necessary r e product ion ot material, space ,
necessary technical personnel, tape r ecording and /or steno_
typing and preparation of typesc ript ot testimony before the
Formal Hearing Committee shall be borne by the Uni versity
Administration . Arrangements t or these matter s shall be
made by the Chai rperson of the Formal Hearing Committee.
tbrough the Cha irperson ot tbe Academic Senate .
~ROLB AnD FUNCTION OF THE ACADKlIC AFFAIRS OQMMITTgS:
Mrs . Tomboulian , Chai r ot the Academic Affair s Commi~tee, stated
that the committee, functioning as the Faculty-Trustees Liaison
Committee , reviewed a working pape r r e lati ve to tbe r ole and
function ot tbe Academic Affairs Committee . As a result ot the
disc ussion Dr. Ca nt e lon will prepare tor the November committee
meeting a proposed Intormation Calendar .
8KROLLMHNT COUNT DATB: (Acade_ic Aftairs eo.aittee)
It was moved by Mrs . Alice Tomboulian, seconded by Ms. Rachael
Moreno , and carr ied, that the followi ng resolution be adopted.
•
BE IT RESOLVED , That the President or his designee is
autho ri zed by the Board of Trustees to adopt an
enrol lment count date pOlicy by which enrollments are
counted at a specitic date tor each t e rm that is
conSistent from term to t e rm and year to year . A
copy of the enrollment count date policy shall be
initialed by the Sec r eta ry and kept on ftl e in the
Oftice ot the Board of Trustees .
2074
HONORARY DEGREE: (Academic Affai r s Committee)
It was moved by Mr s . Alice Tomboulian, seconded by Ms . Rachael
Moreno. and carried . that the to110.ing resolution be adopted.
BE IT RESOLVED . That the Board of Trustees approves
the awarding at an honOrary degree, Doctor of
Public Servi~e. to Robert Keeshan at the December
1984 Commencement .
Mr. Keeshan will be the Commencement s peake r.
PRESIDENT'S CONTRACT: (Special Committee on E~ ec utivo Officer
COmpensa tio n)
It was moved by Mr s . Margaret Ann Riecker, seconded by
Mr . Wli llam Odyklrk, a nd carrled, that the followlng resolutlon
be adopted .
BE IT RESOLVED, Tha t the Board o f Trustees enters
in t o an agreement with Harold Abel from today ' s
date through July 31 , 1986, regarding hls se rvlces
as President of Central Michlgan Universi ty, and
authori zes the Chair to sign the agreement on
behalf of the Board .
co.PUTER STSTKM /PUND RAISING : ( FinaDce Comaitteo)
It was moved by Or . Bernadine Denning , seconded by Dr . Go rdon
Lamble, and car r led, that t he follo.ing r esolution be adopted .
8E IT RESOLVED , That the Pr esident or his designee i8
authorlzed t o e nter lnto con tracts f or goods and /or
services , descri bed bela., on behalf at the Boar d of
Trustees:
Contract
Rere rence
Number
BT-002
Contract
Dollar
~o unt
$156,300
S 40, 050
Purpose o f Contract
(Brief Description )
A computer system designed for
speciflc application to fund
r aisi ng .
Software deve l opment
with a compute r .
2075
to be used •
•
•
TRAFFIC ORDI NANCE , CAMPOS MAP 1984-85 : (Finance eo..ittee)
It . as moved by Or . Bernadine Denning, seconded by Mr. William
Odykirk, and ca rried, that the tollo.ing resolution be adopted .
BE IT RESOLVED, That the t ol lo.ing amendment is made t o
the Ordinance titled "An Ordinance to Govern and
Con trol Parking, Traftic and Pedestrians at Central
Michigan University, Mt. Pleasant , Michigan":
Sectlon 8.26 of said Ordinance, as ame nded, is
r eta ined and shall continue to apply to vi olations
occurri ng pr ior to 12 :01 o ' c lock a.m . on the date
this amendment becomes erfective , except to the
e xte nt alte red by traffic o rde r s under this
Or dinance . Eftective 12:01 o'clock a .m. on the
date this amendment becomes e t tec t ive , said
Section 8.26 shall read and be ettec tive to viola­tio
ns occurring on or atter 12:01 o ' clock a . m. on
said date as tallows:
Attached hereto and made a part he r eor is
a map entitled "Campus Map Central
Mic hlgan University, 1984-85," setting
torth and locating parking l ots on the
campus of Central Michigan University,
Mt . Pleasant, Michi,an, and setting
forth the persons .ho may use such l ots
and the time and manne r of such
permitted use . Violation ot the
provisions contained on the map and on
the reverse side of the map setting
rorth pe r sons who may use such lots and
the time and manner at such permitted
use is a violation or this Or di nance.
THIS AMENDMENT SHALL TAKE EPFECT OCTOBER 6, 1984,
AT 12:01 A. M.
AUDITOR GENERAL'S REPORT : (Pinance C0-.1t tee)
It was moved by Or. 8ernadine Denning, seconded by Mr . William
Odyki rk, and carried . that the Auditor Gene r al's report be
accepted and that the Administration proceed with responses as
submitted to the Finance Committee.
• 2076
ERMST 1 ' KIMMEY, ADDIT OP FINANCIAL STATEMENTS: (Fi n . CoG . )
It was moved by Or. Bernadine Denning, seconded by Dr . Gordon
Lamble, and carried, that the tollowing resolution be adopted .
8E IT RESOLVED, That the Accountants Report ot Ernst l
Whinney dated August 27, 1984 for the year 1983-84
is received . The Administration is authorized to
use this r epo rt as necessary. (Copy on tile in the
Office ot the Secreta ry. )
CONFLICT OF I NTEREST : (Fi nance CommI ttee)
Or. Bernadine Denning, Chair ot the Finance Committee, stated
that in view of the new law enacted during the 1984 legislative
session which allow8 certain contracts between the University
and its employees it disclosure requirements a r e met, the
Auditor General's recommendation and recurring problems of
interpretation of the statutes governing conflict ot interest, a
review of the University policies on contlict of interest is in
order. The Administration is c reating an advisory Committee on
contlict of interest. There wl1l be an early opportunity for ~
Trustee input into the committee . ..,
SPBCIAL MA INTBNARCE PROJECTS: ( Pi nance eo..Itt ee)
Chair ot the Pinance Committee, Or . Bernadine Denning, stated
that because ot cancellation ot the September Board meetinl the
University request for special maintenance projects had to be
submitted to the state prior to Board approval. The committee
did receive and review the list of special projects to be com­pleted
durinl 1984-85 at the October meeting . The projects are:
Repair Campus Roofing
Repair Rose Swimming Pool
Replace Air Condo Unit/Foust Hall
Replace Chiller/Pearce Hall
Repair Climate Control/Park Library
Replace Warriner Hall Passenler El evator
Replace High Voltale Cables/Northwest Campus
Alumni Pield Track Repairs
ACCEPTAHCK OP CP8 GRANTS: ( Finance Co .. i ttee)
$100,000
50,000
40,000
190,000
100,000
60,000
125 ,000
90,000
• Ac ce ptance of CPS G r~n ts conti nued
•
BE IT RESOLVED, That the Board of Trustees accepts
PY 1985 grant offers of the Corporation tor Public
Broadcasting in the amount ot $453,674 as described
below:
CPB No . 5231-500 15 - Te l e vision
PY 84 l 85 Supplement
PY 85 Grant otter
Total Television
CPB No . 5231 50025 - Radio
FY 84
PY 85
• 85 Supplement
Grant offer
Total Radio
TOTAL GRANT OPPERS:
$ 55,402
262 , 095
$317,497
$ 30,503
105,674
$136 , 177
$453,674
PROPOSAL C: ( Fina nce co..ittee )
It was moved by Wrs . Marlaret Ann Riecker, seconded by
Mrs. Alice Tomboul1an, and carried , that the tollowing resolu­tion
be adopted .
WHEREAS, Proposal C on the November 6, 1984, b~llot
poses a serious threat to the quality and afforda_
bility of hilher education in Michigan; and
WHEREAS , Proposal C cou l d cripple ettorts to diver_
sity Michigan ' s economic base by tap pinl its
universities' techno l olical innovation and
expertise; and
WHEREAS, The proposal would have a devastating
effect on Michigan's f r agi l e economic recovery,
causinl an immediate loss of $925 million ~ ye~r in
state government revenues and $500 million in local
government revenues; and,
WHEREAS , The passage of Proposal C would result in
a l oss to state colleges and universities ot about
$80 million in state approp r iations tor the coming
It was moved by Or . 8ernadine Denning, seconded by Mr. William
Odykirk, and carried, that the tollowlng resolution be adopted . ... ~
2077 2078
Proposal C CODtinued
academic yea r a nd would result in tu itions of a hout
double their cu rren t amount; a nd,
WHEREAS, Proposal C would seriously weaken rep r e ­sentat
ive rule in budge t matters by requiring a
four - fift hs vote of the appropriate legislative
body to boost tees or permit charges , establishing
a process easily manipulated by special interests
exercising minor ity con trol;
NOW, THEREFORE , The Board of Tr ustees of Central
Michigan University ex presses its opposition to
Proposal C and urges Michigan voters to e xamine the
issue carefully before casting their ballots on
November 6 .
STUDENT AFFAIRS COMMITTEE:
Dr . Gordon Lambie, Chair of the Student Affairs Committee ,
stated that the annual report of t he Office of Student Affairs I
was made available . Discussion included the Main Street partied
and the relativel y small number o f CMU students involved ,
Mission Street t raffic/pedestrian problem, and the Health
Ser vices budget.
The committee requested that the Board cODsider establishing a n
opeD forum for the community a t large--an opportunity to a ddress
the Board.
It was the consensus of the Board that an open forum was an
excel lent idea . Mr . Alfred Fortino , Chair of the Board, asked
Dr . Lambie a nd Ms . Moreno to prepare a proposal for such a
forum.
PKRSONN8L RECOMXENDATIONS:
It was moved by Mrs. Margaret Ann Riecker, seconded by
Mr. William Odykirk, and carried, that personnel recommeDdations
appearing on agenda pages 1-13 (September caDceled meeting) and
1-7 (October) be approved . Copy on file in the Office of the
Secreary to the Boa rd of Trustees.
2079
GIFTS:
It was moved by Mr s . Alice Tomboulian, seconded by Dr . Bernadi ne
DenDiDg, and carried, tbat gifts received during tbe months ot
June, July and August 1984 in the amounts listed below be
acce pted with appreciation:
June 1984 $ 94 , 651 .47
July 1984 $ 78,414 . 52
August 1984 $176,657 . 70
GRANTS:
It was moved by Mrs. Alice Tomboulian, seconded by Mrs. Margaret
Ann Rie cker , and carried, that grants a wa r ded dur ing the months
of June, July and August 1984 i n the amount of $358,699 be
accepted.
~ryRESIDKNT'S REPORT :
Dr. Abel expressed his appreciation to the Board for his
contract. He reported , also, t hat the Finance Committee had
given its blessi ng to the John Gr enzebach services contract .
CLOSED SESSION:
It was moved by Or . Gordon Lambie, seconded by Ms . Rachael
Mo reno, and carried , that the Board move into closed session to
discuss strategy connected with the negotiation of col lective
bargaining agreements. Por: Denning , Fortino, LaBounty,
Lambie, Moreno, Odykirk, Riecker, Tomboulian . Against: none .
The open session adjourned at 12:14 p.m .
Secretary to the Board of Trustees
2080