DICKINSON STATE UNIVERSITY

Faculty Senate Minutes

May 6, 2010

Members Present:

Hank Biesiot (Health & Phys. Ed); Lynn Burgess (Nat. Sciences); Carolyn Burns (Music); Rolf

Butz ( proxy for Charles Conrick, Business & Management); Steve Doherty (Social Sciences);

Debora Dragseth (At Large, Education, Business, & Applied Sciences); Doug King (Ag); Jamil

Ibriq (Math & Computer Science); Marilyn Lee (Fine Arts); Holly McBee (Lang. & Lit); Kevin

Moberg (Teacher Ed.); Dave Solheim (At Large, Arts & Sciences); Selma Sticha (Nursing); Dr.

Rich Brauhn (ex-officio for the President); Frank Varney (Parliamentarian);

Members Not Present:

Dr. Richard McCallum (President, see ex-officio); Karen Naumann (Student Senate)

Guests:

Audrey Charchenko, Dr. Billy Harris, Dr. Kenneth Haught, Dr. Mary Anne Marsh, Dave Moody,

Dr. Chip Poland, Dr. Michael Shaughnessy

I. Call to Order

President Dragseth called the meeting to order at 12:02 in K108.

Agenda for April 15th

(M. Lee, motion; J. Ibriq, second) and March 11th

minutes (D.

Solheim, motion; S. Doherty, second) approved.

II. Old Business

Report on Campus Master Plan:. C. Burns reported that the architect firm Hulsing and

Associates had submitted a plan to the state, and we are waiting approval from the state.

The plan includes, but is not limited to, changes for Stoxen Library; more classrooms,

office space, and parking; and consolidation for the Fine Arts. More detailed information

can be found in the “Facilities Master Plan 2010” report available at Alvin Binstocks‟s

office or on reserve at the library.

Committee on Committees Report: K. Moberg presented this info and the following

changes were made.

Curriculum Council: Motion to ratify Marilyn Lee as faculty senate representative and

elect Knude Swensen as chair. (H. Biesiot, motion; D. King, second). Motion passed.

Council of College Faculties: Motion to elect Eric Brevik as another member. (D. King,

motion; C. Burns, second). Motion passed.

Student Policies Council: Motion to ratify Carolyn Burns as faculty senate representative

and elect Paula Martin as chair, if she agrees. (S. Doherty, motion; S. Sticha, second).

Motion passed.

Teacher Education Council: Motion to ratify Kevin Moberg as faculty senate

representative. (H. Biesiot, motion; D. Solheim, second). Motion passed.

Promotion and Tenure Council: Motion to elect Paula Martin. (D. King, motion; M. Lee,

second). Motion passed.

Standing Committee on Faculty Rights: Motion to elect Debora Dragseth as faculty

member. (D. Solheim, motion; S. Doherty, second). Motion passed.

Remaining committees did not require any action from the faculty senate.

Faculty Policies Council report on exceptions for promotion and tenure: D. King

reported that the council had responded to the faculty senate “…to discuss the

Department of Nursing‟s request to include the CNE distinction and credential as

„Exceptional Circumstances‟ in the promotion criteria from Assistant to Associate

Professor. After discussing the topic, the Committee recommends that the Faculty

Handbook should not state Department specific criteria, as „Exceptional Circumstances‟

for the promotion and tenure should be left up to the discretion of the department as well

as the committees and parties throughout the promotion and tenure process.” S. Sticha

asked if any other Nursing criteria beyond the CNE was considered, and D. King said no.

Motion to accept the report from the Faculty Policies Council. (L. Burgess, motion; S.

Doherty, second). Motion passed.

Update on Faculty Paid Sick Leave: President Dragseth reported 3 items that are still

pending. A Tobacco-free policy for DSU has been approved by the faculty and staff

senates, and the student senate has approved a smoke-free policy. President Dragseth

hoped that University President, Dr. McCallum, would approve a policy by fall.

President Dragseth reported that the request to include a faculty member on the

University President‟s Cabinet is still pending until more information is gathered from

staff and student senates to include a representatives as well. President Dragseth reported

that a proposal of a faculty paid sick leave policy has been proposed to University

President, Dr. McCallum. President Dragseth stated that the proposal included a

retroactive element of coverage to the date of one‟s employment and a minimum of 6

weeks and a maximum of 180 days. She hoped that a policy might be included as part of

faculty contracts for June.

III. New Business

ADA Compliance Concerns: President Dragseth noted concerns that the renovation of

Stickney Hall would not include an elevator to help with persons with disabilities. A

request was made, which stated, “…that installation of an elevator be added to

remodeling plans, in order to accommodate students, faculty, and visitors with

disabilities, and in order to avoid the legal consequences inherent in having a building on

the campus that does not comply with those ADA requirements.” Discussion focused on

the need to include an elevator and other places on campus that were problems for

persons with disabilities. F. Varney stated that Terry Mulvey had said that for Stickney

to be ADA compliant, hallways and doorways would also need to be widened. Further

discussion focused on the importance of accommodating all persons with temporary or

permanent disabilities and that if compliance was not done during this remodeling, future

remodeling/accommodations might have to be made anyway. Motion to endorse the

request for Stickney Hall to include an elevator. (D. Solheim, motion; L. Burgess,

second). Motion passed.

Curriculum Changes: R. Brauhn stated that all the suggested changes had been signed

and approved by the chair of the Curriculum Council. Motion to approve all suggested

changes (K. Moberg, motion; R. Brauhn, second). Motion passed.

Elections: Motion to elect Selma Sticha as Vice President for Faculty Senate 2010-11.

(S. Doherty, motion; D. King, second). Motion passed. Motion to elect Audrey

Charchenko as Secretary for Faculty Senate 2010-11. (C. Burns, motion; D. King,

second). Motion passed. Motion to elect Marilyn Lee and Doug King to the Executive

Committee for 2010-11. (H. Biesiot, motion; S. Sticha, second). Motion passed. Motion

to elect Frank Varney as Parliamentarian 2010-11. (S. Doherty, motion; D. King,

second). Motion passed.

IV. Items from the Floor

Announcements: President Dragseth announced the Art department‟s Mugs for Mutts,

which is a fundraiser for the Oreo Animal Shelter. M. Lee stated that student work was

being feature at the South Campus. Dr. Ray Wheeler‟s retirement party at 3pm on

Thursday. Open House for the Badlands Activity Center on May 10.

Thank you: President Dragseth extended her thanks to 2009-10 Faculty Senate

Parliamentarian, Frank Varney, and Secretary, Holly McBee. M. Lee thanked Kevin

Moberg for his work on Committee on Committees.

Faculty Involvement in Fall Orientation: D. Solheim expressed concern about a

possible opening convocation for the fall semester. He wondered why faculty had not

been consulted and if participation would be mandatory. H. McBee reported that Dr.

Stacie Varnson, Director of the Academic Success Center, wanted to have more faculty

involved with fall orientation activities to build community.

History Club: F. Varney announced that the History Club was having a bake sale to

raise money.

V. Adjournment

President Dragseth adjourned the meeting at 12:44 p.m. (S. Sticha, motion; S. Doherty,

second).

Respectfully submitted,

Dr. Holly McBee

Assistant Professor of English

Secretary to the Faculty Senate

DRAFT PROPOSAL

Dickinson State University Faculty Sick Leave Policy Sick leave, including maternity, is an insurance benefit granted by the institution for faculty members who become incapacitated by injury or illness. It is an insurance benefit allowing employees a reserve of days they can use for their illnesses.

1. Full-time, twelve month, benefited faculty will accrue and use leave in the same manner as regular staff employees. This includes annual leave, sick leave, funeral leave, leave for jury duty, military leave, storm days, conference/ convention leave, and the leave sharing program as described in NDUS HR Policies 6, 7, and 20.

2. Faculty with nine month contracts will be allowed 10 days of paid short term sick

leave in the event of illnesses. Benefited adjuncts and faculty with contracts greater than nine months, but less than twelve months will accumulate sick leave benefits under this policy at a prorated basis. The ten days are available as of the first working day of the contract in any given year.

3. Short term sick leave may be used by an employee when:

a. The employee is ill or injured and is unable to work. b. The employee has an appointment for the diagnosis of a medically related

condition. c. The employee wishes to attend the funeral of a family member or friend d. The employee wishes to attend to the needs of an eligible family member

who is ill and wishes to assist them in obtaining other services related to their health or well being. Eligible family members include the employee’s spouse, parent (natural, adoptive, foster, and step parent); child (natural, adoptive, foster and step-child); or any other family member who is financially or legally dependent upon the employee or resides with the employee for the purpose of the employee providing care to the family members.

4. Short term sick leave must be used when a faculty member is unable to meet a

regularly scheduled activity or perform the duties of that activity. The smallest division for sick leave use shall be one-half day. If any regularly scheduled activity is missed in the am hours that shall constitute one-half day. If any regularly scheduled activity is missed in the pm hours that shall constitute one-half day. Regularly scheduled activities shall be classes, office hours, standing committee meetings and other contractually specified duties.

5. Faculty who use short term sick leave are responsible for informing their department chair or his or her designee, prior to the start of their regularly scheduled activities. The employing department may require satisfactory medical verification as deemed necessary.

Faculty Long Term Paid Sick Leave

In the event of an extended illness, faculty may use long term sick leave. An extended illness is defined as:

o Any mental or physical condition (including maternity) which renders a faculty member unable to perform his/her contracted responsibilities for ten work days or more.

o A physical or mental condition which requires a schedule of treatment in excess of 30 work days. This use may include intermittent treatments occurring at regular intervals over an extended period of time. These situations will be addressed as they occur.

1. The initial amount of paid long-term sick leave for faculty is 30 work days.

2. Any short-term sick leave not used by the end of each annual contract period will be added to the employee’s long-term sick leave accumulations.

3. The maximum amount of paid long-term sick leave allowed for all faculty is 180

work days.

4. Paid long term sick leave will not be used to cover time periods outside the current contract.

5. Once the elimination period as defined by the Long Term Disability Benefits Certificate is met, paid long term sick leave will no longer be allowed.

6. Any absence requiring the use of paid long term sick leave will be documented

by the department chair, forwarded to the Coordinator of Human Resources (CHR), and will be deducted from the total leave allowed in the case of future extended illnesses.

7. If an employee is able to perform a portion of his/her teaching responsibilities, a

prorated basis will be used to determine the appropriate deduction. Sick leave must be used when an employee is unable to meet a regularly scheduled activity or perform the duties of that activity.

a. The smallest division for sick leave use shall be one-half day. If any

regularly scheduled activity is missed in the am hours that shall constitute one-half day. If any regularly scheduled activity is missed in the pm hours that shall constitute one-half day. Regularly scheduled activities include classes, office hours, standing committee meetings and other contractually specified duties.

8. Should the entire amount of allowed leave be exhausted, an employee will enter

a status of leave without pay. 9. Paid long term sick leave allowed by this policy is not an entitlement, and no

payment for unused sick leave will be made upon the termination of employment.

10. All benefited nine month faculty employed by the university at the time this policy goes into effect will retroactively accrue 10 days of long-term sick leave for every year of academic service. Benefited adjuncts and faculty with contracts greater than nine months, but less than twelve months will retroactively accrue long term sick leave benefits at a prorated basis.

11. A faculty employee whose contract length changes from twelve month to a shorter contract length shall be awarded long-term sick leave commensurate with equivalent years of faculty service. (Revisions to this section may be necessary pending consultation with legal counsel.)

Procedures for Faculty Paid Long-term Sick Leave

1. When an extended illness occurs, the employee will provide a letter from a physician to the Coordinator of Human Resources (CHR). The physician's letter should provide information regarding the effect the illness is expected to have on job performance or other job-related matters. The mention of the specific medical condition is not required except as the physician needs to include it as part of the explanation. This letter will be sealed and kept on file in the Office of Human Resources.

a. Upon receipt of the letter, the CHR will share the job-related information with the VPAA, Dean, and Chair for the purpose of managing the absence.

b. At the end of the absence, the employee will provide a letter from a

physician to the CHR to document the end of the absence. If the employee is returning to work, the CHR will place a letter documenting the absence in the personnel file for future reference.

c. If the employee enters a period of unpaid leave as defined in SBHE 701.1,

the CHR will process the necessary documents for leave under the FMLA.

2. Employees may apply through department chairs to use accumulated paid long

term sick leave for illnesses, injuries, and disabilities of eligible family members as defined in section 3c above. Although they are not required to support such applications, department chairs must forward such requests to appropriate deans and the CHR for final actions.

Family and Medical Leave

During a time of leave without pay, eligible faculty members will be afforded the protection of the Family Medical Leave Act (FMLA) which provides job protection and continued health insurance coverage for up to twelve weeks.

a. Family and medical leave may also be used to cover unpaid absences for

matters involving parents, spouse, or children as described by NDCC 54-52.4. This leave provides job protection and continued health insurance coverage for up to twelve weeks.

b. Tenured faculty who are able to return to work will have the right to return to

their position for 12 months from the beginning date of medical leave. To exercise this right the faculty member must notify the Dean at least one month prior to the beginning of the next academic semester.

We recommend that the following section be forwarded to the appropriate deliberative bodies for consideration, action and possible inclusion in the Dickinson State University Academic Affairs Policies and Procedures handbook. Overload 8. Faculty members may be asked to cover responsibilities for those faculty members who are ill. If coverage is necessary for three weeks or more, overload contracts will be considered. If coverage is necessary for six weeks or more, overload contracts will be issued. Other issues related to overload are discussed in a separate policy and will apply to all overload contracts.

May 6, 2010

"Whereas, Dickinson State University is home to a number of faculty members with disabilities,

some of whom have offices above the ground floor in Stickney Hall, and

Whereas, Dickinson State University also has a number of students with either permanent or

temporary disabilities, including student athletes injured while participating in University

athletic programs, and

Whereas Stickney Hall is not compliant with accessibility issues as specified for buildings

including those with historic standing, and

Whereas, Stickney Hall is currently scheduled for significant remodeling, the Faculty Senate

of Dickinson State University respectfully requests that installation of a small elevator be added

to remodeling plans, in order to accommodate students, faculty, and visitors with disabilities,

and in order to avoid the legal consequences inherent in having a building on the campus that

does not comply with those ADA requirements. "

Cc: Alvin Binstock