•
• C E H T R A L M 1 CHI G ~ NUN I V F. R SIT Y
B 0 ~ ROOF T R U S TEE 5
OCtober 19 , 1990
• •
•
•
Central Michigan University Board of Trustees
Mt . Pleasant, Michigan
October 19 . 1990
~ember~ present: Mrs. Margaret Ann Riecker, Chair; Mr. Ronald L.
Brown; Mr. Martin H. Ch~lakian; Dr. Bernadine N. Denning;
Mr. Mitchell O. Kehl!tian * ; Dr. Gordon N. Lambie; Ms. Rachael E.
Mor eno*; Mr. William C. Odykirk; Dr. Edward B. Jakubauskas,
President .
Members absent: None.
Also attending: Dr . Robert G. Franke, Provost; Mr. Russell L.
HC1"Con , Secretary to the Board of Trustees and Vice President for
University Relations; Mr. James L. Hill, Vice President for Student
Affairs; Mr . Jerry R. Tubbs, Treasurer and Vice President for
Business and Finance.
The meeting was called to order by Chair Riecker at 9:30 a .m.
"Mr. Kchetian anived at 9:32 a .m. and Ms . Moreno arrived at
9 :43 a.m .
It was moved by Dr . Lambie, seconded by Dr . Denning, and carried,
that the Board move into closed session to discuss strategy
connected with collective ba r gaining and to consult with our
attorney regardi ng strategy in connection wl.th pending litigation.
The Board moved into closed session at 9;)1 a.m . and returned to
open session at 11 a.m.
It was moved by Dr . Lambie, seconded by Dr. Denning, and carried,
t hat the minutes o f the September " 1990, meeting be approved .
ARTHUR 1J{DERSEN , CO. AUDIT OF FINANCIAL ST1r.TEMENTS: (Finance Caul
lt was moved by Dr. Lambie , seconded by Mr . Cholakian. and c arried,
that t he following resolution be adopted.
2666
• • Ar t hur Andersen , Co . continued
BE IT RESOLVED, That t:he ,v.:countant' s Report of Arthur
Andersen & Co. dated Auqust 31 , 1990, for the fiscal year
1989-90 is received. The aaminbtration is authorized to
use this report as necessary .
The Finance Committee also met with the Director of Internal Audit
dnd with Arthur Andersen representatives in closed sessions.
FACULTY AGREEMENT FOR 1990-93 : (Finance Commi ttee)
It was moved by Or. Lambie, seconded by Mr. Cholakian, a nd carried,
that the following resolution be adopted.
BE IT RESOLVED, That the 1990-93 Agreement with the
Central Michigan university Faculty Association is
approved.
SENIOR OFFICER COMPENSATION FOR 1990-91: (Fi nance CorrrUttee) e
It was moved by Dr . Lambie, seconded by Mr . Cholakian, and carried ,
that the following resolution be adopted.
BE IT RESOLVED, Thdt salary inc reases for 1990- 91 and
changes in the compensation package for Senior Officers
are approved as submitted .
Employee Base salary
Effective September 1, 1990 - June 22, 1991.
President
Jakubauskas . Edward
Vice Presidents
Franke , Robert G.
Tubbs, Jerry R.
Hill , James L.
Herron, Russell L.
2661
S1l9 , 620
93 ,180
91 , 904
81,528
83,360
•
•
s enior Officer Compensation for 1990-91
Effective June 2 4 , 1990 - June 22, 1991
i-'ull Time Regular SOs
Pl achta, Leonard
Sc l ck, Nancy
\{a nlis , J ohn
J ohns t one, Rona l d J .
Ha nson, Robert D.
Rc pp , Thomas
Dunham , R. Will iam
Tr u ll i nger, Robert S .
Hacger, John
Lindley, J ean C.
Ua v~ nport, Richard
Je nni ngs , Ei leen
Mur phy, David E.
Col e , Sc ott
DeBru i n, Robert
Scoby, Jerry
Moore, Thomas
Repp, Susan
Morris , Gr egory
Ru l ong , Rober t
OWens , Michael
Bu r l ington, Roy
Secre , Carole
Misner, J e rry
Logsden, Mar t ha
Dixon, Barbara
Brande l l , Ma t y Ellen
continued
$ 89, 195
84,4 02
34,402
53 , 360
&2 , .)18
76 , 899
12,940
12 ,419
12 , 000
1 1, 212
10 , 000
69 , Sal
159,2 ~ 3
bB,980
68 , 3S5
61 ,130
66 , 792
156,688
66, 000
65 , 6 46
65 ,646
6 4,499
60 , 000
S8, 560
55 ,851
S) , G63
52 , 500
TRAFFIC SIGNAL ~T MISSION AND BLUEGRASS: (Finance Committee)
I t was moved by Dr. Lambie , seconded by I1r. Brown, and c arried,
t hat t he f ol l ow i ng resolution be adopted.
BE IT RESOLVED , That Central Michigan Uni versity agrees
t o participate in the installation and maintenance costs
o f a s top and go t raff ic signal at the U. S . 21 Business
Route (Mission Stt'eet) at Bluegrass Road/ Campus Drive
i nte rsection as fol l ows:
Central Michigan University agrees t o participate in 2S
per cent of the actual cost of installation and 25 percent.
of the actual cost of the maintenance.
2668
• • EXPANDED MEMORY FOR THE IBM SYSTEM: (Fi na nce Committee)
It was moved by Or . Lambie , se~ond cd by Or. Dennl ng, Ilnd carried,
that the following resolution be adopted.
WHEREAS, The IBM )090- 1105 computer is being upg r aded to
adequatell handle its inc reasing administr a t ive trans action
and batch load; a nd
WHEREAS, Expanded memory is needed before we use the new
administrative MVS/ ESA operating system i n ploduction
mode; Now be it therefore
RESOLVED, That the President or his desiqnec is authorized
to purchase 64 megabytes of e xpanded memory for an
dmcunt not to exceed S115,000 one-time costs and
54,325.40 current annual maintenance costs.
OIL/GAS LEASB ASSIGNMENT: (Finance Committee)
It was moved by Dr. Lambie, seconded by Mr . Cholakian, and carried,
that the followi ng resolution be adopted .
BE IT RESOLVED, That the President is authorized to
assign the University ' s working i nte rest in an oil and •
gas lcase dated J~ly 25, 1980, between Fayette Dr illing
Co. and War ren T. a nd Mildred M. Smi th . The l ease cove r s
the unit Wa rren Smith *3, NE l/ ~ of the SW 1/4 of t he SE
lJ 4 , Sec . 29, T15, R1 4w, Calvin 'l" ... p . , Cass Count y ,
i-tichigan. The wO I'king i nterest may be assigned in
exchange for a release of the Unive r sity f rom liabi l i t y
arisi ng out of the IJnivcr!Oitv ' s owne rsh i p of this
fractiona l int e r est.
INVESTMENT ACTIVITY: (Finance Committee)
The Boa rd received an inve stment activi ty r eport f o r Augus t 1990.
It was moved by Dr. Denning, seconded by Mr. Cholakian, and
car r i ed , t hat t hc following r esol ution be adopted.
2669 •
.•• Questions of Professional Concern .. . continued
BE IT RESOLVED, That the docwuent "Procedures for
Handli ng Questions of Professional Concern Involving One
or More Members of the Faculty" approved by the Academic
~enat e , September 20, 1988, is approved.
PROCEDURES FOR HANDLING QUESTIONS OF PROFESSICliAL CONCERN
INVOLVING ONE OR MORE MEMBERS OF THE FACULTY1
Preface
A uni versity' S affairs ideally arc c onducted with scrupulous care
for free and fu l l inquiry, open and participatory decision-making,
and just and equitable judgment based upon known and accepted
standards . Nevertheless, a large and complex institution,
i nvolving persons with varying duties and perspectives, cannot
always ach i eve thi s ideal through its normal organizational
processes. Thus instances arise where one or more members of a
uni versity a re concerned that decisions have been made that are
unj ust or i nequitable, or that have been reached in ways that fall
•
sho t t of e xisting procedural r equirements. To the extent that such
concerns r emain unaddressed, a un i versi ty as a whole suffers. It
is , theref ore, nec es sary that a means be r eadily available to
•
address and vent concerns and where nec e s sary, remedy the situation
tha t gave rise t o s uch concerns. To t hat e nd, the f ol l owing
procedures are e s tablished f o r the faculty of Central Michigan
un i versity.
I. Purpose
These procedures have the following general purpose: To ensure
t hat faculty members, in matters involving reappointment, tenure,
promoti on, salary, or other matters of professional concern. are
not adversely affected through decisions substantially resulting
fr om or substantially influenced by one or more of the follOWing:
~Thi s is the only internal grievance procedure available to
t emporary faculty . However, faculty in tenure track positions may
have available for t heir use the grievance procedure contained in
the current Agreement. Regular faculty may use only one internal
grievance procedure for an issue and may not have the same issue
considered in two different i nternal grievance procedures available
to t hem . Faculty members should, therefore, carefully consider
which internal grievance procedUre they would like to follow before
filing any grievance.
2610
••. Questions of Professional Concer n . . . continued
(a) failure to comply with Departmental, College, or University
procedures; (b) e rrors of f act; Ic) prejudice or arbitrary lind
caprici ous action; {d) factors violative of academic freedom.
II. Definitions
These definitions do not su~rsede o r alter definitions contained
ill other Un iversity policies. They are in effect solely for the
purpose and scope of these procedures, a nd t hei r function and
effect wi thin these procedures arC! not limited by definitions
contained in other University policies .
Claimant - a faculty member(s) who filets) a complaint under this
procedure.
Complaint - an allegation that one or more c auses for a gri~vance
exist. A complaint may be withdrawn by the c laimant at any tlme by
giving written notice to t he Chairperson of the Academic senate.
Counsel - a member of the legal profession o r any person chosen by
the cla ima nt or respondent to represent that party in t he f o rmal
hearing . If either party chooses to use a mefnh:er of the le9al
profession as "counsel ," t hat party at the ea r ll.est opportunl.ty
shall i n writing advise the other party a nd the Chairperson o f the
Academic Senate that a member of the legal profession will be
serving as " counsel."
Day - a 24-hour span o f time during which undergraduate o r graduate
classes are i n sess i on on campus, during FaIlor Spring semester,
a nd e xcluding university holidays, Saturdays, and Sundays .
Faculty - those persons , f ull time or part-time, tenured o r nonte
nured, r egular or temporary, who have been appointed by Ce~tral
Michigan University to facu lty ranK, and whose responsibillties
include teaching o r r esearch . This definition includes coaches,
counselors, and librarians who hold fa culty rank .
Grievance - a complaint which has been referred to a Fo rmal Hearing
committee. A grievance may be withdrawn by t he claimant at any
time prior t o t he presentation o f the Formal Hearing Committee's
decision, by giving written notice to the Chairperson of t he
Academic Sena t e .
Gr ounds fo r Grievance - allegations that the claimant, in matters
I nvolvi ng reappointment, tenure, promotion , salary, o r other
matter s o f professi onal concern. has been adverseiy affected
t hrough dccisl.ons substant ially resulti ng from or substantially
influenced b}o' one o r more of the f ollowing : (a) failurc to comply
2671
•
•
•
••• Questions of Professional Concern ••• continued
with Departmental, College, o r Unive rsity procedures; (b) errors of
fact; (c) prej udice or arbitrary and capricious action; or (dl
factors violative o f academic freedom.
Procedures - (1) duly developed and ratified written procedures
contained in the Faculty Handbook or Agreement in force at the time
o f the alleged failure to comply, o r 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 o f decision-making bodies at the
Departmental, coll~ge , or University level, i n which case a
claimant must s how that a normally f ollowed practice exists and was
not followed, to his/ her detriment.
Responde nt - the personts) against whom the c omplaint is lodged.
While a complaint is being brought against specific individuals,
Central Michigan University is the responden t because the complaint
is an allegation that specific persons, acting on behalf of the
University, cOlllllitted acts or omissions leading to an adverse
effect upon the claimant. For purposes of clarity, however, the
word "respondent" is used i n this document to speak. of the specific
individuals and not of Central Michigan University.
III. Procedural Stages and Deliberative Bodies
Ther e are three stages in the process, each o f which is designed to
serve specific functions. These stages are: A. lnl.tiation/
Informal Stage; B. Preliminary Review; and C. Formal Hearing.
Each of the stages involves a distinctive group of i ndividuals with
a specific charge and set of procedures. These groups and their
c harges and procedures are as fo llows:
~. Initiation/Informal Stage
1. Persons Involved. The persons who may be involved in the
Initiation/Inf ormal Stage are: the claimant; the
respondent; the Chairperson or other members o f the
Depa rtment in which any person, whether claimant or
respondent, may be housed; the Dean o f the College in which
any person whether claimant o r respondent, may be housed;
and the Pr~vost/Vice President for Academic Affairs.
Department Chairpersons , Deans, and the Provost/ Vice
President f or Academic Affai r s may name designees, provi ded
that the designees are able to serve throughout t his stage
and are abl e to settle the matter with the same degree of
2612
..• Quest ions of Pr ofessional Concern ... conti nued
authority as that vested in the person in whose place they
serve . However, when any of the above persons are directly
involved in the complaint, they must participate in this
stage and may not name designees; persons named above who
arc not directly involved in the complaint may be asked to
participate by either the claimant or rcspondent.~
If 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 A.cademic
Senate.
2 Charge. The purpose of this stage is to provide for direct
consulcdtion among the parties to the disagreement so that
the conflict might be resolved through conciliation of
differences. If this group reache~ a resolution satisfactory
to clal.mant and that respondent is authorized to
grant, such resolution shall be binding on all of the
parties involved.
). When d faculty member has a complaint concern-a~
those stat.ed in Section II, above
•
she shall notify the chairperson of the Academic Senate
in writing, 3tat.ing the following matters: tal a summary •
o[ t.he nat.urc o[ t.he complaint. and the grounds on which it
is bascd; Ib) t.he party or part.ies against whom the
complaint is brought; Ie) any remedic!!> which are requested .
Such complaint must be filed not more than 60 days after
the person bringing the complaint reasonably should have
known of information giving rise to t.he complaint.
The Chairperson (or Acting Chairperson) of the Senate, upon
receipt o f such written notice , shall ascertain which
persons named in Paragraph 1 above are to participate at
this stage; dnd shall, within 15 days, convene a mee t ing of
a.ll persons involved at this stage . The Chair per son of the
Senate shall not participate i n t.he meeting o r Its conc lusions,
except to convene the meeting and cert.ify t.hat. all
persons arc in attendance.
lndi viduals thus asked to participate may feel t hat they a r c
being harassed . An individual who feels that he/she is being
harassed may indicate that feeling in a letter to the President of
the University. The President, after consulting with both parties ,
shall determine whether harassment is involved and, if he/she so
det.ermines, may relieve the individual of designated responsibili t.
ies under th~se procedures .
2613 •
•
•
•
• •. QUestions of Professional Concern •. • continued
This mee ting shall be conduc ted under the f ollowi ng
procedures :
( a ) A single meeting shall be held, if possible, but in no
e vent should it take more t han ten t 10) days t o
!.:ompl ete t.his stage unless the tioe limit is e xtended
b1 mutual agreement by the claimant and respondent .
(b) ]f a resolution satisfactory to c laimant and within
the authority of respondent to grant is reached, a
wr itten statement, c ontaining a descript.ion o f the
complaint and its resolution shall be drawn up and
signed by all persons participating: at this stage.
Once s igned, this statement shall be binding on all
part ies and on the Uni versity. and shall be forwarded
t o t he President of the University f o r implementation.
Ic) I f t he complaint. i s no t resolved, a written statement
t o that effec t shall be drawn up and signed by all
persons participating , but shall no t include a
descripti on of the c omplaint or t.he reason for nonr
esolution.
t d) This s tatement shall be f orwarded within five ( 5)
days , by the claimant., to the Chairperson of the
Ac ademic Senate, who shall then refer the mat.ter t o
t he nex.t stage.
t e ) If any of the perso ns required o r requested t.o
participate at. this stage fail to do s o, o r the
meetings are not held a nd concluded as called for
above, t.he c omplaint shall aut.omatically be forvarded
by the Chairpers on o f t he Academic Senate to the nex.t
stage . However, if the c laimant fails to participate
o r to meet a time limi t, the case shall be c onsidered
withdrawn.
(f) It is understood that the claimant ' s personnel records
arc no t to show the fact of his / her having brought a
complaint , regardless o f whether the complaint affec t s
a personnel decis ion s hown in those records. 3
:> perso nnel fi l es are defined as any records used in making
personnel recomme ndations and decisions .
2614
..• OUestions of Professional Concern ... conti nued
8. preliminary Review.
1. Persons Involved. The university Grievance Review
~ommittee, a standing COlmlittee of the Academic Senate,
shall be composed of nine (9) faculty members elected at
lar9c by the Acadc~ic Senate from a double alate of
nominees, to serve staggered three Ill-year terms. In May,
an orQanizational meeting of the committee will be
scheduled by the Chait'pcrson of the Academic Senate. The
purpose of this meeting shall be to select a chairperson
and to set a regular meeting time for the following
academic year (August tnrough April). In addition, the
newly elected members shall be briefed by the Chairperson
of the Academic Senate on the procedures according to which
the committee shail operate.
· ... hen .a member of the cOlMlittee has participated in the
decision giving rise to a complaint, that member shall be
disqualified from participation on the committee for that
case. Where there is dispute over a member's participation
in d decision, or for other proper reasons. either party
may request that the Execut~ve Board of the Academic
•
Senate, through a majority vote for removal , disqualify the •
member of the committee from a particular case .
2. CharQe. The! university Grievance Review cOlMlitte!e shall
meet wi th claimant and respondent for the purpose of
determining whether or not the complaint warrants referral
to a Formal Hearing committee. The Review committee is
specifically charged to determine whether the need for a
formal hearing exists (i.e., that the complaint is not
frivolous), and not to make a judgment as to which party
should pre!vail.
3 . Procedures. with1.n five IS) days of the receipt of a
teferral, the Chairperson of the Academic Se nate shall
plaCe! the matter before the University Grievance Review
committee and shall notify the claimant of the need to
submit a written statement citing the! particulars of the
problem as specified in IIl.A.3 . above. Upon receipt o[
this notification, the claimant shall have five 15) days to
~ubmit this statement to the Academic Se!nate Chairperson
and the respondent. Following receipt of the claimant's
written stateme!nt, within five 15) days, the respondent
shall submit to the Chairperson of the Academic Senate and
to the claimant a wri tten statement responding to the
allegationls) of the claimant. Copies of both statements
shall be presented to the committee by the Academic Senate
rhalrperson .
2615 •
J
J
•
•
•
... Questions of Professional Concern •.. continuQd
The meeting(s) of the cOlTllUittee with the claimant and
respondent shall be conducted in compliance with the
following procedures:
la) The cOl\'IDittee shall complete its deliberation and
render its decision within twenty-five (25) days of
receipt of the claimant ' s and respondent's written
~tat ements from the Chairperson of the Academic
Senate:
(b) All meetings of the university Grievance Review
committee shall be closed to the public;
Ic) ~ll communications concerning the complaint shall be
directed to the Chairperson of the co~it tee;
Id) The mee!tings shall be conducted informally;
Ie) The cormtitt.ee shall meet first with the claimant, then
with the respondent;
If) In order to summarize more accurately the points at
iSSUe! in a pa r ticular case, the claimant or respondent
may, with the approval of the c~ittee, rewrite their
respective statements in the course of this stage,
provided that no new issues are raised and no
substantive change made in the complaint or rcsponse.
If the co~ittee judges that substantive changes have
been made or new issues raised , the committee may
refer the matter back for initiation at the i nf orma l
stage, with time limits to be reckoned de ~;
Ig) Whe!n a claimant's or respondent ' s written statement is
rewritten during this stage, the other party shall
have adequate opportunity to examine and respond to
such modification;
(h) The cOll'll1ittee shall have t he right to question the
contents of any of the written statements;
Ii) When necessary for carrying out its charge , the
committee shall have the righ t 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;
2616
••• Questions of Professional Concern • . • continued
Ij) ~fter hearing the clai~nt and respondent individually,
before voting, the committee shall meet jointly
with both to ascertain whether a mutually agreeable
and binding resolution is possible;
(k) In order to vote, a committee member must be present
to hear all the evidence presented in a particular
case, and be present to cast a vote; the voting
participation of at least six (6) members shall be
required to render a decision;
t 1) In t.he event that fewer than six t 6) members are
eligible to participate in a vote, t he case shall be
reheard by the committee .
•
Upon conclusion of the meetingts), the committee shall decide
whether or not to refer the matter to a Formal Hearing
Committee. This decision shall be primarily on the basis of
the claimant's and respondent's final writ~en statements. A
referral shall be ~de unless the committee determines
otherwise by (a) unanimous vote, where the complaint involves
te nure, reappointment or prOlllOtion; or {b} two-thirds vote,
where the complaint involves matters of professional concern '
other than tenure, reappointment or promotion.
The co~ittee's decision shall be transmitted in writing to the
claimant, the respondent, the Chairperson of the Academic
Senate, the Office of the President of the University and other
University personnel as deemed appropriate by the committee .
The documents i n the case shall be deposited with the
Chairperson of the Academic Senate . If the committee decides
to refer the matter to a Formal Hearing Committee, the
Chairperson of the Academic senate shall deposit all docume nts
concerning the case with the Chairperson of the Formal Hearing
convnittee. Where the cOllll'littee determines that no referral
shall be made, a nd no appeal is made, the Chairperson of the
1\cademic senate shall return all documents to those who
presented them.
4. a claimant alleges that the Grievance Review
has violated the procedUres established i n 3.
above, to his / her detriment, he/she shall appeal .I.n writing
to the Chairperson of the 1\cademic Senate within ten 110)
days of the receipt of the Grievance Review Collllllittee ' s
decision. The Executive Board of the Senate shall, at its
next scheduled meeting, consider the matter and decide
whether to f orward the complaint to the next stage . If the
complaint is sent to a Fo~l Hearing committee, the
2677
• . .• Questions of Professional Concern ••• continUed
holding of a formal hearin9 shall constitute the remedy for
any error of procedure by the Grievance Review C~ttee .
C. Formal Proceedings.
•
•
1. Persons Involved. The Chairperson of the Academic Senate,
having received a referral from the Grievance Review
Committee, shall empanel a Fonmal Hearin9 C~ttee. This
committee shall be composed of eight 18) members, selected
from A panel of twelve 112} regular faculty members to be
drawn by lot at an Executive Board meeting from the list of
the regular faculty of the University, excluding ~rs of
the University Grievance Review Comndttee. Faculty metrlbers
unwilling or unable to serve shall 'w,: excused and others
substi tuted for them, to be chosen in the same manner.
Claimant and respondent each shall have the right of two
peremptory challenges, which. if exercised . would reduce
the panel to the required eight members. If not exercised,
the Executive Board shall select the committee of eight
from the panel. In all cases, peremptory challenges shall
be treated confidentially. If after the first meeting of
a Formal Hearing committee a member should become ill or
for any reason be unable to continue, the committee shall
continue without that person. In a case where this reduces
the si~e of the committee to less than five (5) meNbers,
the committee shall be discharged and another cOrtlllittee
selected in the same manner as the original.
Tn order to vote, a committee member must have been present
to hear all the evidence presented in a particular case.
2. Charge. The Formal Hearing Conunittee shall condUct a
hearing accordi n!jl to the followin!jl procedure and render a
written decision. This decision shall include an
appropriate remedy, includin!jl uut not limited to tenure,
promotion , retention or financial compensation.
Burden of Proof: The grievant shall have the burden of
proof in all grievances except for those involving: the
followin!jl:
(al The dismissal of a tenured faculty member.
(b) The dismissal of a non-tenured faculty member before
the expiration of the individual's contract term.
2678
• • •• • QUes t ions of Professional Concern ••• conti nued
)e)
) d)
3.
tat
)b)
) e)
)d)
tel
1>. reprimand in writing. a r eduction 1n cOI!'pcnsation as
a disciplinary action, or a reduction 1n rank of a
tenured or tenure- track faculty member.
Appeals initiated by a respondent under this grievance
procedure.
The Formal Hcaring Committee's
shall be as f ollows:
The Chairperson of the Academic Senate shal~ convene
the first meeting of the Formal Hearing Comm1ttee and
e xplai n the charge to the committee.
The Formal Hearing Committe!! shall name its own
chairperson who shall have full voting rights along
with the other members of t he committee.
FollCNing the initial meeting, the Chai rperson of this
cOIl'D"Ilittee shall send a written description of
procedural rights to the claimant and respondent.
These rights include:
The right to assistance by counsel. ~ ) 1)
) 2) The right to call witnesses to support his/her
position .
) 3)
) 4)
The r ight to inquire in t o all wr i~ten and oral
testimony .
The right to know the i dentity of all witnesses
and authors of all written testimony, and the
opportunity to confront all such persons.
AnonymouS testimony of hearsay evidence is no t
admissible.
The c laimant has the right to request that all meetings
be closed to t he public and that all testimony
and evidence be kept confidential during the proceedi
ngs . Unless the claimant requests that the meetings
be closed , the meetings will be open to the public .
The Formal Hearing Connittee shall, in conference with
the c laimant and respondent, have the right to:
)ll
) 2)
Place reasonable time limitations on the
testimony o f the c laimant and respondent.
Place reasonable time limitations on summations
of the claimant and respondent at the close of
the hearings.
2679 •
. .• QUestions of Professional Concer n . . . continued
•
•
tf) The Chairperson of the Fo rmal Hearing Committee shall
have the right to rule as to the relevance of testimony
at any time during the hearing . A ma jority vote
of the committee may overrule the Chairperson .
)g)
) h)
) l)
(j)
(k)
) 1)
It is assumed that both claimant and respondent and
their counsel will be present at all sessions of the
hearing except when deci~iona are being made.
Witnesses shall be present only when their testimony
is being given, unless the committee determines, by
majority vote, that the presence of any witnessles)
\luring testimony other than their <Nn is appropriate.
The entire hearing shall be tape-recorded.
Within ten 110) days after the close of th~ h~arings,
the Formal Heari ng Committee shall present its
decision ~o the claimant and respondent involved, to
the Cha irperson of t he Academic senate, and to the
President o f the University.
The Formal Hearing Committee may estAblish by majority
vote any additional procedural rules .
All requests for acquisition o f rOOlllS, r ecording
equipment and personnel shall be handled through the
Academic Senate Of f ice .
The Formal Hearing Convnittee shall reach its decision
by majority vote of those eligible to vote. Should
there be an even nwnber o f cOl!lnittee members, one
cormlittee member shall be excluded through a "short
s traw" procedure at voting time. Until the vote each
member shall be considered a full committee member .
A c ommittee consisting of those members who cast the
majority vote shall draft a statement which responds
to all charges in the grievance, which states t he
reasons for the decision , and which specifies an
appropriate remedy. The statement shall be sent to
all parties of the grievance, to the Chairperson of
the Academic senate and to the President of t he
Unive rsity, and shall be signed by the enti r~
.ulIunittec.
If ~ Plblic ~tatcmcnt i s to be made, it shall be mad~
through t he university's Media Relations .
2680
• • .. . QUestions of Prof essional Concern • • • continued
.. . QUestions of Professional Concern . . . continued
4.
\1'1) The final written statement referred to in III above
shall be kept permanently on hIe in the ;t.cademic
Senate. Upon conclusion of the hearings, other
docwnents and tape recordinos shall be placed in a
sealed envelope in a locked file. Custody of this
file shall be entrusted to the Chairperson of the
Acade~c senate. This file shall be located in the
Office of the Academic Senate. The docwnents and tape
recordings shall be destroyed after a period of seven
(7) years, unless needed for t he protection of the
University's interest or unless required by law.
Where docwnents and tape recordings are to be retained
for longer than seven (7) years, the office of the
Academic Senate will be notified by the Administration.
tal Where there is no appe~l from the decision of the
Formal Hearing Co~ittee, the findings of the
committee shall be put into effect by the appropriate
University personnel.
(p) It is understood that the claimant's personnel records
are not to show the fact of his/her having brought a 41'
grievance, regardless of whether the grievance affect.s
a personnel decision shown in those records. 4
Appeal. Either the claimant. or the respondent shall have
t.he right to appeal the decision of the Formal Hearing
Committee to the President. Notice of decisions to appeal
must be presented in writing by claimant or respondent
wit.hin one (I) calendar month of receipt by that party of
the decision by t.he Formal Hearing Committee. The grounds
for an appeal shall be an allegation that t.he Formal
Hearing COflVllitt.ee has violated. the procedures or charge and
conditions (including the appropriateness of remedy)
est.ablished in 2. and 3. above , to t.he detriment of t.he
claimant. or respondent. The notice of appeal shall be sent.
to the President, to t.he Chairperson of t.he Academic
Senat.e, and to the other party.
Where an appeal is made, the Chairperson of the Academic
Se nate shall transmit to the President for review t.he full
transcript and report of the Hearing Committ.ee.
4Personnel files are defined as any records used in making
personnel recommendations and decisions.
2681 41'
•
,.
B.
•
The Chairperson of the Formal Hearing Committee and both
claimant and respondent shall be present with the President
when he/she formally cons1ders the matter . The President
shall affirm the decision, unless he/she finds that the
Formal Hearing COfmlittee has violated the procedures or
charge and conditions [including appropriateness of remedy )
established above to the detriment of claimant or
respondent. In this latter situation, and when the appeal
is by respondent, the President may remand the grievance
for final rehearing. When the appeal is by claimant and
President finds that a prejudicial error of procedure has
occurred, the President shall remand the grievance for
final rehearing . A decision to remand shall be rendered in
writing to the Chairperson of the Academic Senate, the
claimant, and the respondent, w1th an explicit statement of
he/her reasons. Upon remand, the Chairperson of the
Academic Senate shall empanel an entirely new Formal Hearing
COlmlittee.
In any appeal of the appropriateness of remedy, the
1:ehearing shall be rest.rict.ed t.o that issue .
The fact t.hat appeals are resolved through faculty hearing
committ.ees represents a significant delegation of authority
to the faculty and is an expression of confidence in the
professional judgment. of the facult.y. Given t.hese
dimensions of this arrangement., the appeals mechanism will
be reviewed by the Faculty-Trustees Liaison Committee every
four years or following t.he full resolut.ion of ten
grievances using this procedure, whichever occurs first.
IV. Publicity and Costs
Publicity.
Public statements about a complaint/grievance shall be avoided
by tho claimant and respondent, by memhers of the Grievance
Review Committee, by members of the Formal Hearing Committee,
and by all part.icipants in the procedures and hearings until
the complaint/grievance has been finally resolved. within this
procedure (including any appeal or rehearing process).
£Qili.
material,
recording
of testimony
The costs of necessary reproduction of
necessary technical personnel, tape
stenotyping and preparation of t.ypescript.
2682
space,
and/or
before
• • . . . QUestions of Professional Concern • •• continued
. •• Named Buildings and Funds continued.
the Formal Hearing committee shall be borne by the University
Administration . Arrangeme nts for these matters shall be made '
by the Chairperson of the Fornal Hearing Committee, through the
Chairperson of the Academic Senate.
Approved by Senate: 10- 13-81 .
Revised by Senate: 04- 0)- 84, 01-14-86, 09-20-88.
Approved by Board of Trustees: 02 - 05-82, 10-05 - 84, 06 - 07-85,
04-11-86, 10-19 -90.
The Academic Affairs COl!l!littee heard reports from Jon Darrow,
Analysis of New Faculty; Ed Kvet, Department of Music; John Haeger,
developments in graduate education; Clara Lee Moodie, Academic
senate activities. The committee also met in closed session to
discuss teacher education.
BENSON MEMORIAL SCHOLARSHIP: (Student Affai rs Committee)
It was moved by Mr. Kehetian, seconded by Dr. Denning, and carried,
that the following resolution be adopted.
BE IT RESOLVED, That the following revised statement for
the Frances E. (Rogers) Benson Memorial Scholarship is
approved for printing in the university Bulletin.
Frances E. (Rogers) Benson Memorial Scholarship
Established in 1988 by the family of Frances E. (Rogers)
Benson, who received a CMU Life Certi f icate in 1928.
Annual endowment earnings will be awarded to CMU students
with a grade point average of 2.8 or better. Recipients
will be selected from East Jordan High School or Charlevoix
County high schools .
•
(Assessment and
It was moved by Ms. Moreno, seconded by Mr. Kehetian, and carried,
that the following resolution be adopted.
268) •
•
•
BE IT RESOLVED, That the Policy for Named Buildings and
Funds is amcmded to include policy guidelines for naming
portions of buildings.
The authority for naming buildings, elements of buildings,
schools, departments, chairs, lectureships, and scholarships
rests with the Board of Trustees . Suggestions for
names may be presented by any interested parties. The
following criteria should be included in the ~onsideration.
Named Buildings/Building component.
1. Facilities may be natDCd in honor of persons who have
achieved prominence in their fields of endeavor and who
have been publicly known for their accomplishments in
their fields and service to the university. Traditionally,
persons so honored are deceased. except as noted
below.
2. Facilities may be named for or by donors who provide a
gift which is approximately fifty percent or more of the
cost of the facility. If the gift is $1,000 , 000 or more,
it may provide less than fifty percent.
1. For namJng components of buildings, the following
guidelines should be used:
4.
$500,000
500,000
150,000
200,000
100,000
100,000
75,000
50,000
25,000
20,000
15,000
Building addition
Floor/wing of major facility
Auditorium
Lec~ure hall ) 100 seating
Lecture hall ( 100 seating
Laboratory
Lobby/reception area
Classroom
Conference room
Office - dean/senior officer
Office - faculty/administrator
Exceptions to this policy may be granted only by the Board
of Trustees.
NiUDCd Funds
1. A major gift or bequest in the range of $750,000 to $1
million is required for the creation of a named chair to
be designated in perpetuity at the discretion of the
2684
• • .• . Named Buildings and FUnds continued.
donor. These funds support the creation of
position and appropriate resources to
position; e.g., equipment, library, etc.
a new f acuIty
support the
2. 11. gift or bequest in the range of $150,000 1s required for
the creation of a permanently named professorship . These
funds will supplement resources available to support an
already existing faculty position.
3. Named funds are designated to acknowlcdge a person or
persons with a special relationship to CMU, while
strengthening the university'S student financial aid
program, academic programs or administrative services .
The fund may be named in honor or in memory of a person
designated by the donor and approved by the University.
Minimum contribution requirements and the various named
fund opportunities are:
$25,000 Named endowed lectureship fund
10,000 Named endowed scholarship fund
2,500 Named endowed prizc fund
2,500 Named endowed fund
21,,500000 SNahmoerdt -teenrdmow leoda nbo ofukn dfu nd •
1,000 Named annual scholarship fund
4. Exceptions to this policy may be granted only by the Board
of Trustees.
PERSONNEL RECOMMENDATIONS:
It was moved by Dr. Denning, seconded by Mr.
carried, that personn~l recommendations appearing
the agcnda be approved .
GIFTS :
Cholakian, and
on pagcs 1-11 of
It was moved by Dr . Denning, seconded by Mr. Odykirk, and carried,
that Qifts received during August 1990 in the amount of $94, 076 . 58
and during September in the amount of $104,205.91 be accepted with
appreciation .
2685 •
It was moved by Dr . Denning, seconded by Mr. Odykirk , and carried
that grants awarded during July - September 1990 be accepted.
PRESIDENT'S REPORT:
President Jakubauskas reported on construction completed and
underway on campus, vice president/Business and Finance search
international visitors , Centralis scholars, CMU's agreement with
Michigan Consolidated Gas Company, and hi~meetings with groups tf
faculty .
MAG! REPORT :
Trustee Kehetian reported that Winifred Frazier is the n ..... MA.GB
chair. Mildred Jeffrey , one of MJ\.GB's founders, attended her last
meeting. !'lAG» is planning a one-day workshop to be held in the
spring at Oakland university and the 1991 Awards Convocation will
be held April 16.
_ 'he meeting adjourned at 11:)6 a .m.
Secretary to t he Board of Trus t ees
2686 •
