WILLIAM MARSH RICE UNIVERSITY Minutes of the Faculty Meeting

January 29, 2003 (third Faculty Meeting of academic year 2002-2003)

Attendance: Approximately 85

Announced Agenda: 6 items

1. Approval of the minutes of October 29, 2002 (http://www.ruf.rice.edu/~facsec/facmin/02-10-29.html)

2. Unfinished business

a) Second vote on the Shepherd School distribution requirement

b) Students' concerns about spring break

3. Approval of students graduating mid-year

4. Faculty Council resolution regarding general faculty meetings (attachment)

5. Faculty Council resolution regarding revised policy on family leave (attachment)

6. Announcements

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President Malcolm Gillis called to order and chaired the General Faculty Meeting in McMurtry Auditorium of Duncan Hall at 4:02 PM. Alan Chapman served as Parliamentarian. A guest from the Thresher was acknowledged as being present.

1. Minutes of 10-29-02 Faculty Meeting - On motion duly made and seconded, the minutes of the October 29, 2002 Faculty Meeting were APPROVED as circulated in advance on the web.

2. Unfinished Business:

a) Second Vote on the Shepherd School Distribution Requirement - John Zammito, Speaker of Faculty Council, pointed out that at the last faculty meeting, Alan Chapman, the faculty Parliamentarian, was not present. A number of points of order were raised during that meeting. Subsequently, further questions about the procedures undertaken in bringing the resolution before the general faculty were raised making it clear this matter needed to be addressed in terms of administrative correctness.

Zammito asked President Gillis to rule on whether the procedures of the last faculty meeting were in order. After consulting with Parliamentarian Chapman regarding rules of order, Gillis ruled the actions taken at the October 29, 2002, meeting were out of order and, therefore, null and void.

Steve Baker inquired as to the status of the issue in light of this ruling. Zammito communicated that a meeting was held with various administrative entities directly involved in this situation to decide how to proceed in the spirit of what the faculty was trying to achieve in the last general faculty meeting. He relayed that substantial progress had been made on designing petitions for students to hold them harmless of the error in the General Announcements. The Undergraduate Curriculum Committee is working to bring forward a proposal for distribution requirement reform. Gillis and Zammito are planning two additional general faculty meetings in the spring so this proposal can be brought to closure in time to enable the Shepherd School to recruit students for their program for next year under a defined and clear distribution requirement system. Baker asked if the Undergraduate Curriculum Committee did not come forward with a proposal on which to take action, would the General Announcements revert to prior degree requirements? Zammito replied that was his understanding but was hopeful that a definitive policy would be in place for inclusion in the new General Announcements. Gillis added that the additional two faculty meeting dates were nearly finalized, and the faculty would be informed of them soon.

b) Students' Concerns About Spring Break - President Gillis recognized Matt Haynie, President of the Student Association to discuss student concerns regarding spring break.

Haynie recapped the information he previously brought to the faculty, at the meeting of October 29, 2002, regarding student concerns and expected dates for the spring recess in 2004, which had been tied to the then unannounced HISD spring break. HISD has now set their spring break for March 15. Haynie chaired a Student Association committee that has submitted a recommendation on this matter to the Curriculum Committee. Although the Student Association still asks the Curriculum Committee to consider their long term recommendation for years after 2004, the need to act on the problem of the 2004 spring break is immediate. Haynie asked the faculty to consider moving the break in 2004 away from March 15-19, which is the date set for HISD's break, to March 1 - 5. This would create a balanced semester with seven weeks of class before and after the break.

Bob Patten added that in various discussions in which he has been involved as former speaker of Faculty Council and in other committee work, it was discussed and proposed that even if the spring break was mapped to HISD's break, there would be an exception to the rule if HISD's break came later than the eighth week of the semester. This is the first time a definite date for HISD's break has been available sufficiently in advance to enable a comparison with Rice's calendar to ascertain that the dates don't work well together for 2004.

Zammito moved that faculty reconsider the date for spring break 2004 in light of the news of the firm date of HISD's break and move the Rice spring break back two weeks as the Student Association requested.

Baker inquired if this would affect the general rubric of trying to accord Rice's spring break with that of HISD. Zammito replied this action would be an exception in light of the late date HISD set for 2004. The Curriculum Committee will regard the longer term issue of whether to still proceed with mapping spring break to HISD, and they will make a recommendation to Faculty Council.

A vote was called. The change of date for spring break 2004 was APPROVED.

3. Approval of Students Graduating Midyear- Jerry Montag asked Deborah Nelson, chair of the Committee on Examinations and Standing, to present the midyear undergraduate degrees. There were 69 undergradutes with completed requirements for graduation as follows:

Undergraduate Degrees:

Bachelor of Arts - 56
Bachelor of Science - 1
Bachelor of Science in Civil Engineering - 1
Bachelor of Science in Electrical Engineering - 7
Bachelor of Science in Mechanical Engineering - 1
Bachelor of Music - 1
Bachelor of Science in Bioengineering - 2

There were no exceptions for these degrees. The degrees were APPROVED. [Degrees and candidate names appear in Attachment A.]

Jordan Konisky presented the graduate degrees. There were 112 graduates with completed requirements for graduation as follows:

Graduate Degrees:

Doctor of Philosophy - 37
Doctor of Musical Arts - 4
Master of Arts - 29
Master of Science - 22
Master of Architecture - 3
Master of Arts in Teaching - 1
Master of Music - 2
Master of Chemical Engineering - 1
Master of Computer Science - 3
Master of Electrical Engineering - 8
Master of Mechanical Engineering -1
Master of Business Administration - 1

There were no known exceptions for these degrees. The graduate degrees were APPROVED. [Degrees and candidate names appear in Attachment B.]

4. Faculty Council Resolution regarding General Faculty Meetings - Zammito explained this resolution was simply a communication to the general faculty from Faculty Council stating their strong desire to have more faculty attend and participate in faculty meetings and faculty governance. [See Attachment C.]

5. Faculty Council Resolution regarding Revised Policy on Family Leave - Zammito explained that the main objective of this revision to Policy 204-97 "Faculty Family, Primary Caregiver, Medical, and Professional Leaves" is to try to bring the public presentation and the internal execution of Rice's primary care leaves and maternity leave benefits into accord with peer schools. The focus in this revision is the issue of primary care giving. The issues of family leave have many components. All have not been addressed in this revision with the attempt being to work in a stepwise fashion. Zammito called on Lynn Huffer, chair of the Policy Committee of Faculty Council, to field questions from the floor relating to this revision.

David Scott questioned why this policy was only for tenured and tenure-track faculty, and, particularly, why it did not apply to research faculty? Huffer stated that although the issue came up in many discussions, the policy as it stands now only applies to tenured and tenure-track faculty. One of the main reasons for separating this group from the other groups was the issue of the tenure clock. Even though the decision was made to keep the groups separate on the issue of leaves, Huffer added there were conversations with Human Resources regarding parity with other groups.

On a separate issue, Pat Reiff asked why there was no salary benefit during medical leave for summer academic faculty? She specifically referenced tenured faculty who use summer research money, are paid fringe benefits during the summer, and have summer research scheduled for a given year and suddenly must take medical leave offering no compensation at all. Huffer responded that this type of medical leave would fall under the existing portion of the policy that was not revised and felt that issue was a question for Human Resources. Huffer added that the Policy Committee did not specifically deal with questions outside the issue of child care. Gillis suggested Reiff send a note to the Benefits Committee requesting they consider this question.

Sid Burrus refocused attention to the issue of research faculty, asking if there were plans to look at some kind of similar benefits for them. He expressed concern because of the many other ways in which research faculty are treated exactly like tenure-track faculty. Huffer stated she would welcome some sort of impetus to put that into place but believed it would have to be a separate policy due to the issue of the tenure clock. She pointed out this revision was to existing Policy 204-97 which specifically covers only tenured and tenure-track faculty.

Tom Haskell inquired if the situation was sufficiently straightforward regarding research faculty for a suggestion to Human Resources to put forward a parallel policy using the model created or was it necessary to go back to the policy committee of Faculty Council? Stan Dodds observed that the source of funding for research faculty is different from that of regular faculty and, therefore, a very separate issue because of the funding source. Gene Levy felt that this was a very important issue and thought it desirable to analyze the benefits package in its entirety. Gillis suggested requesting information from HR as to what considerations were involved so that a systemic study could be undertaken and asked that the minutes reflect the suggestion for this course of action.

Zammito called the question to end discussion. A vote was taken and revised policy was APPROVED without dissent but with the qualification that there are related matters to be examined. [See Attachment D for the policy revision.]

6. Announcements - There were no announcements.

The meeting was adjourned 4:35 PM.

Respectfully submitted,

Janis L. Cain
Secretary to the Faculty

Attachment A

Undergraduate Degrees

Bachelor of Arts - 56

Bachelor of Science - 1

Bachelor of Science in Civil Engineering - 1

Bachelor of Science in Electrical Engineering - 7

Bachelor of Science in Mechanical Engineering - 1

Bachelor of Music - 1

Bachelor of Science in Bioengineering - 2

Attachment B

Graduate Degrees

Doctor of Philosophy - 37

Doctor of Musical Arts - 4

Master of Arts - 29

Master of Science - 22

Master of Architecture - 3

Master of Arts in Teaching - 1

Master of Music - 2

Master of Chemical Engineering - 1

Master of Computer Science - 3

Master of Electrical Engineering - 8

Master of Mechanical Engineering - 1

Master of Business Administration - 1

Attachment C

A Resolution of Faculty Council

WHEREAS, at the last general faculty meeting, less than 8% of the voting faculty decided an important item related to continuing faculty control of the curriculum, BE IT RESOLVED:

Faculty Council strongly encourages the faculty to take a more active part in their direct governance responsibilities by attending and participating in the Rice University General Faculty Meetings.

November 12, 2002

Attachment D

Rice University

January 14, 2003

AMENDMENT TO POLICY 204-97

"Faculty Family, Primary Caregiver, Medical, and Professional Leaves"
Applies to: Tenured and Tenure-Track Faculty

FAMILY LEAVES

Family leave under the Family and Medical Leave Act for faculty may be granted for a period of up to 12 weeks during any annual period of employment from July 1 through June 30. Family leave is unpaid leave and is granted upon request with appropriate documentation for birth of a child of the faculty member, the placement of a child with the faculty member for adoption or foster care, in order to care for a spouse, child, domestic partner or parent with a serious health condition, and the extension of a medical leave in which case the 12-week limit may be applied to the entire period of absence.

A faculty member using family leave may return to his or her position held before the leave was taken or be placed in an equivalent position with the same benefits, pay, and other terms and conditions of employment. Any benefits approved prior to the leave are not forfeited. Any paid leave under this policy that also qualifies as family leave shall count toward the 12-week annual family leave allotment. If the husband and wife or both domestic partners are employed by the University and both eligible for family leave due to birth of a child, the placement of a child with the individuals for adoption or foster care, or in order to care for a parent with a serious health condition, the two individuals are limited to a combined total of 12 weeks of family leave during each annual period.

PRIMARY CAREGIVER LEAVES

The primary caregiver leave policy covers full-time benefit-eligible faculty members in the following categories: 1) birth parent; 2) adoptive parent of a child under the age of one year; 3) spouse or domestic partner of birth parent. A full-time faculty member in one of these categories, and who is also the child’s primary caregiver, will be entitled to one full semester leave at full pay. During this semester, the faculty member will be free of teaching, research, and administrative responsibilities. The semester covered by this leave will be chosen at the discretion of the faculty member, as long as it is completed within 9 months after birth or adoption. There shall be only one primary caregiver leave entitlement per child and it may not be divided.

The primary caregiver is the person in the household who has primary responsibility in terms of time and commitment for the active care, custody and welfare of the child. A faculty member applying for primary caregiver leave must complete a signed and notarized affidavit with University Human Resources certifying that he or she is the primary caregiver and supply supporting documentation if requested.

Upon written request to the Provost, the tenure clock and contract terms of a faculty member who has taken a primary caregiver leave while holding an appointment without tenure will be extended by one year. The maximum number of extensions an untenured faculty member may receive for primary caregiver leave is two.

A faculty member planning to take a primary caregiver leave under this plan should inform his or her Department Chair and Dean in writing (with a copy to the Provost), ordinarily at least three months before the expected start of the leave and in all cases no later than 30 days before the start of the leave. Failure to provide timely notice may result in a denial of the primary caregiver leave. Faculty members covered by outside grants or contracts during the period of the primary caregiver leave will normally arrange no-cost extensions of grants where possible. If a faculty member does not wish to be released from the obligations of a grant or contract, the faculty member may nonetheless be relieved from other administrative or teaching duties in conformity with the primary caregiver leave policy.

Medical Leaves

Faculty members who are benefits-eligible may request personal medical leaves for any medical reason, including pregnancy, for any period of time that the faculty member is unable to work as determined by his or her physician. The faculty member or Department Chair may request such a leave. The leave request with appropriate documentation, including a physician’s statement, should be processed through the Department Chair, the Dean of the academic division, and the Provost for approval, and to the Director of Human Resources for processing.

In the case of pregnancy and childbirth, if the birth parent is also the child’s primary caregiver, the faculty member will also be eligible for the primary caregiver leave (see above).

Faculty on medical leave, including pregnancy and childbirth not covered by primary caregiver leave, may receive up to 50 percent of their academic year salary based on the length of their leave, after which continuing disability payment at partial salary may be requested and approved under the University’s long-term disability insurance program. Faculty are expected to apply through their departments to Human Resources for short-term disability leave benefits, where appropriate, to pay for salary continuation.

Teaching Assignments Affected by Family, Primary Caregiver, and Medical Leaves

While faculty seeking primary caregiver leave are expected to provide adequate notice to the Department Chair and the Dean prior to the expected start of the leave, faculty approved for primary caregiver leave will not be responsible for finding replacements for courses they normally teach, nor will they be required subsequently to compensate for teaching release granted as part of the primary caregiver leave. Faculty will be expected to cooperate fully with the Department Chair and Dean to identify ways to meet curricular and departmental needs and issues that may arise due to the primary caregiver leave.

Faculty on extended family or medical leaves during the academic semester will attempt to work out suitable alternative ways to complete their teaching assignments with Department Chairs and with the approval of the appropriate Dean. If it is anticipated that family or medical leaves will be sufficiently long that students will be unable to complete the courses offered by the faculty member on leave, a Department Chair may decide to relieve the faculty member from teaching for an entire semester and find acceptable substitutes. If a faculty member on extended family or medical leave who has been relieved from teaching is able to return to work full time during a semester, the Department Chair may assign other duties to compensate for the lack of teaching duties; if the faculty member prefers not to assume such duties, the Department Chair may recommend an adjustment of the faculty member’s salary.

Extension of Contract Affected by Family, Primary Caregiver, and Medical Leaves

Upon written request to the Provost, the contract terms and tenure clock of a full-time faculty member who has taken a primary caregiver leave while holding an appointment without tenure will be extended by one year. The maximum number of extensions an untenured faculty member may receive for primary caregiver leave is two.
The contract of a faculty member who has taken a significant medical or family leave of fewer than 120 days during a summer or semester will be extended for one semester for each such leave, for a maximum extension of one year per contract. Upon written request to the Provost, the contract and tenure clock of a faculty member who has taken a significant medical or family leave of 120 days or more in any twelve-month period will be extended by one year.

Primary caregiver and significant medical or family leaves will not count as service periods for sabbatical purposes.

A faculty member who is eligible to request primary caregiver, family, or medical leave but elects not to do so, may, at the time he or she is eligible for the leave, request a contract extension equivalent to that which the leave would provide. The extension will not be granted retroactively; it must be requested and approved at the time of the primary caregiver, family, or medical leave.

A combination of contract extensions and renewals will have the effect of extending the 8-year limitation on service at the rank of assistant professor.

Professional Leaves

Professional leaves for faculty with or without salary are determined by University Policy 208-97. Leave periods with or without salary do not count toward a sabbatical. However, a leave of absence without salary with the continuation of normal research activity as covered in University Policy 201-97 does count in the 8-year limitation on service at the rank of assistant professor. Professional Leave with or without salary will not extend the maximum time for reaching tenure of 8 years from the date of initial employment.