Minutes of the Board of Regents of Stephen F. Austin State University. 1993, Volume No. 124

              Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
October 19,1993
Volume 124
TABLE OF CONTENTS
Page
93-93 Approval of July 20, 1993 Minutes 1
93-94 Faculty and Staff Appointments for Summer, 1993 1
93-95 Faculty and Staff Appointments for 1993-94 1
93-96 Changes of Status 3
93-97 Discrimination Complaint Policy 4
93-98 Family and Medical Leave Policy 4
93-99 Underenrolled Class Report for Summer II, 1993 4
93-100 Underenrolled Class Report for Fall, 1993 5
93-101 Curriculum 5
93-102 Policy for Compliance with the Americans with Disabilities Act 6
93-103 Ratification of US AS Contract 6
93-104 Approval of 1993-94 Operating Budget Changes 6
93-105 Acceptance of Fund Manager Report 6
93-106 Approval of HEAP Allocations for 1993-94 6
93-107 Approval of Telecommunications Upgrade 6
93-108 HVAC System Improvements in Miller Science Building 6
93-109 Installation of Vent Hoods in East College Cafeteria 6
93-110 Renovation of the Ventilation System in the University Center Cafeteria..... 6
93-111 Renovation of HVAC Systems of North and South Halls 6
93-112 East Campus Renovation 7
93-113 SFA 98 Plan 7
Reports Chair, Faculty Senate 7
1. Merit Policy
2. SFA 98
President, Student Government Association 7
1. Congratulations on Sweat Equity Success
2. Positive Response re: Improvements in Parking and Financial Aid
3. SFA Bill re: SFA 98
Vice President, University Advancement 7
1. Annual Fund Status Report
2. Phonothon
3. Grants
President 7
1. Pacesetter Awards - Thomas Benoit, Patsy Hallman, Kent Adair
2. Dates for January Meeting - January 24 and 25
3. 70/200 Activities - Ken Kennamer
4. Financial Aid Reorganization - Judd Staples
5. Enrollment Statistics - Jim Hardy
6. Honors Program - Fred Kitterle
7. President's Summit on East Texas Higher Education Study;
Proposition 13; Advisory Committee on Division of HEAF Funds
Table of Contents (continued)
Executive Session
A. Report on Pending Litigation
B. Personnel Matters
1. Internal Auditor
2. Women's Track Coach
Appendices
Discrimination Complaints Policy
Family Medical Leave Policy
Curriculum Changes
Policy for Compliance with ADA
Budget Changes
Year to Date Investment Report
HEAF Allocations for 1993-94
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
October 19,1993
The meeting was called to order at 9:00 a.m. by Chair Sissy Austin.
93-93
Upon motion of Regent Kelley, seconded by Regent Bagsby, with all members voting aye,
it was ordered that the minutes of the meeting of July 20,1993 be approved.
93-94
Upon motion of Regent Bagsby, seconded by Regent Windham, with all members voting
aye, it was ordered that the following faculty and staff appointments for Summer 1993 be
approved:
1. Mathematics and Statistics
Mr. Cary P. Evanoff, Lecturer, at a salary of $2,600 for 100% time for Summer II,
1993.
Mr. Timothy R. Gillespie, Lecturer, at a salary of $2,600 for 100% time for
Summer n, 1993.
Mr. Lee M. Hearne, Lecturer, at a salary of $2,600 for 100% time for Summer II,
1993.
Ms. Dawn Slavens, Lecturer, at a salary of $2,600 for 100% time for Summer n,
1993.
93-95
Upon motion of Regent Bagsby, seconded by Regent Adkison, with all members voting
aye, it was ordered that the following faculty and staff appointments for 1993-94 be
approved:
1. Computer Science
Mr. John F. Buck, Visiting Instructor, M.S. (Indiana University), at a salary of
$29,000 for nine months, effective fall semester, 1993.
2. Counseling and Special Education
Dr. Anna Lee Bradfield, Professor and Chair, Ph.D. (Peabody College of
Vanderbilt), at an annual salary of $60,000 for 100% time for 11 months, effective
November 27, 1993.
Dr. Glen L. McCuller, Assistant Professor, at a salary of $33,000 for nine months,
effective fall semester, 1993.
3. Elementary Education
Ms. Linda L. Ellis, Visiting Instructor, M.Ed. (Sam Houston State University), at a
salary of $27,000 for nine months, effective fall semester, 1993.
4. Forestry
Dr. Hans M. Williams, Assistant Professor, Ph.D. (Auburn University), at a salary
of $32,025 for nine months, effective October 1, 1993.
5. Home Economics
Mr. Arturo B. Mora, Instructor, M.A. (University of Kentucky), at a salary of
$27,000 for nine months, effective fall semester, 1993.
6. Library
Ms. Karen Wielhorski, Librarian II, M.L.S. (University of North Texas), at a
salary of $35,145 for nine months, effective fall semester, 1993.
7. Music
Dr. Isidor Saslav, Visiting Professor, D.Music (Indiana University), at a salary of
$20,000 for 50% time for nine months, effective fall semester, 1993.
8. Nursing
Ms. Ginger N. Koppersmith, Instructor, MSN (University of Texas Health Science
Center - Houston, School of Nursing), at a salary of $31,000 for 100% time for
nine months, effective fall semester, 1993.
Dr. Sue Thompson, Associate Professor, Ph.D. (Texas Woman's University), at a
salary of $39,273 for 100% time for nine months, effective fall semester, 1993.
9. Theatre
Ms. Velta Hargrove, Assistant Professor, M.F.A. (California State University at
Long Beach), at a salary of $28,000 for 100% time for nine months, effective fall
semester, 1993.
Mr. Kerro Knox, Assistant Professor, M.F.A. (Yale School of Drama), at a salary
of $26,500 for 100% time for nine months, effective fall semester, 1993.
10. Applied Studies and Education
Faculty members with on-campus assignments are routinely assigned, as needed, to
teach field-based, off-campus courses. Faculty are compensated for teaching
courses away from the campus through a formula approved by the Board of
Regents which includes a payment for the travel time necessary for delivering the
course, as well as a stipend for teaching the course. Courses taught in correctional
institutions also carry a small additional stipend. Occasionally, individuals teaching
part-time on campus will receive a proportional part of their regular salary plus the
extra compensation for delivering off-campus courses. The following faculty are
teaching for fall, 1993, at the location, and for the salary indicated.
$4,820.00
1,215.00
1,540.00
1,448.00
1,540.00
1,488.00
1,041.00
2,811.00
1,488.00
1,436.00
840.00
2,751.00
686.00
Dr. Charles W. Morgan, Jr., Physician, at a salary of $56,511 for ten and one-half
months, effective July 5, 1993.
Mr. Ron Hunt, Coordinator of Orientation and Testing, at a salary of $22,000 for
twelve months, effective August 15,1993.
Mr. Leslie Bret Arrant, Head Women's Tennis Coach, at a salary of $12,000 for
nine months, effective August 25, 1993.
12. Internal Auditor
Ms. Keri Roberton, Internal Auditor, at a salary of $40,000 for twelve months,
effective October 19.
Upon motion of Regent Windham, seconded by Regent Bagsby, Regent Montes was
appointed as the Board designee to assist with development of internal auditing plan for
Stephen F. Austin State University by November 1,1993, in accordance with state
regulations.
93-96
Upon motion of Regent Montes, seconded by Regent Adkison, with all members voting
aye, it was ordered that the following changes of status be approved.
1. Counseling and Special Educational Programs
Mr. William H. Bryan, an additional $3,000 for continuing to serve as Interim
Department Chair, for 100% time for 4.5 months, effective fall semester, 1993.
2. Elementary Education
Ms. Mary Nelle Brunson, Instructor, an additional $1,500 for teaching an overload
course for the fall semester, 1993.
3. Physics and Astronomy
Dr. James C. Dennis, Associate Professor, an additional $1,301 for teaching an
overload course for the Summer II semester, 1993.
Dr. Harry D. Downing, Professor and Chair, an additional $1,239 for 16% time
for teaching a course for the Summer II semester, 1993.
4. Secondary Education
Dr. Jose A. Rodriguez, Professor, an additional $2,000 for teaching an overload
course for the Summer II semester, 1993.
5. Academic Affairs
Dr. Allen Richman, Professor, an additional $2,000 for planning and implementing
the graduate student orientation program during the Summer II semester, 1993.
6. Telecommunications
Ms. Sandy Turner, from Programmer Analyst III at a salary of $28,073 to
Manager of Student Area at $30,569 for 100% time.
Mr. Terry Brown, from Programmer/Analyst I at $20,796 to Systems Program
mer I at a salary of $22,320 for 100% time.
93-97
Upon motion of Regent Windham, seconded by Regent Bagsby, with all members voting
aye, it was ordered that the recently revised policy on handling discrimination complaints
be approved with the two suggested changes. (See Appendix 1.)
93-98
Upon motion of Regent Blake, seconded by Regent Bagsby, with all members voting aye,
it was ordered that the Family Medical Leave Policy be approved. (See Appendix 2.)
93-99
Upon motion of Regent Bagsby, seconded by Regent Montes, with all members voting
aye, it was ordered that the following underenrolled classes be approved for Summer II,
1993.
1. CHE 332.01 - Organic Chemistry
Enrollment: 9
To maintain proper sequence/graduation
2. CHE 332.20 - Organic Chemistry Lab
Enrollment: 7
To maintain proper sequence/graduation
3. MUE 514.01 - Workshop in Elementary Music
Enrollment: 2
Taught concurrently with non credit workshop in ELE Music (one week
course)
93-100
Upon motion of Regent Bagsby, seconded by Regent Montes, with all members voting
aye, it was ordered that the following underenroUed classes be approved for Fall, 1993.
1. ART 212.01 - Art Film/Video Prod
Enrollment: 9
Required to maintain proper sequence
2. BIO 556.01 - Scan Elec Microscopy
Enrollment: 4
Required to maintain proper sequence
3. BIO 556.20 - Scanning Em Lab
Enrollment: 4
Required to maintain proper sequence
4. FRE 303.01 - Adv Gram + Comp
Enrollment: 9
Required to maintain proper sequence
5. GER 132.01 - Elem German II
Enrollment: 9
Required to maintain proper sequence
6. GER 132.40 - Elem German H Lab
Enrollment: 9
Required to maintain proper sequence
7. GER 330.01 - Contem Ger Civiz
Enrollment: 7
Required to maintain proper sequence
8. MTC261.01-Theory III
Enrollment: 6
Required to maintain proper sequence
9. MUP 101.01 -Class Piano
Enrollment: 9
Required for graduation
10. MUS 478.01 - Sem: Flute Tech
Enrollment: 5
Required for graduation
11. THR 463.01 - Playwriting
Enrollment: 9
Required to maintain proper sequence
93-101
Upon motion of Regent Blake, seconded by Regent Montes, with all members voting aye,
it was ordered that the curriculum changes be approved. (See Appendix 3.)
93-102
Upon motion of Regent Adkison, seconded by Regent Windham, with all members voting
aye, it was ordered that the University Policy for Compliance with the Americans with
Disabilities Act be approved as presented. (See Appendix 4.)
93-103
Upon motion of Regent Windham, seconded by Regent Blake, with all members voting
aye, it was ordered that the contract for USAS post-audits be ratified.
93-104
Upon motion of Regent Blake, seconded by Regent Montes, with all members voting aye,
it was ordered that the 1993-94 Operating Budget as approved in July be increased by
$312,257 to the adjusted total amount of $77,811,894. (See Appendix 5.)
93-105
Upon motion of Regent Adkison, seconded by Regent Windham, with all members voting
aye, it was ordered that the year-to-date investment report be approved as presented (See
Appendix 6.)
93-106
Upon motion of Regent Montes, seconded by Regent Bagsby, with all members voting
aye, it was ordered that the HEAF allocations for 1993-94 be approved as presented (See
Appendix 7.)
93-107
Upon motion of Regent Adkison, seconded by Regent Windham, with all members voting
aye, it was ordered that the administration be authorized to secure bids for the upgrade of
the telecommunications switch and cabling system and that bids be brought to the January
Board meeting for review.
93-108
Upon motion of Regent Windham, seconded by Regent Bagsby, with all members voting
aye, it was ordered that the contract for the cleaning and treatment of the duct work in the
Miller Science building be ratified.
93-109
Upon motion of Regent Kelley, seconded by Regent Adkison, with all members voting
aye, it was ordered that the administration be authorized to secure bids for the installation of
vent hoods in East College Cafeteria and that the President be authorized to sign the
necessary purchase orders, not to exceed $80,000.
93-110
Upon motion of Regent Kelley, seconded by Regent Adkison, with all members voting
aye, it was ordered that the administration be authorized to secure bids for the renovation of
the ventilation system in the University Center Cafeteria and that the President be
authorized to sign the necessary purchase orders, not to exceed $139,000.
93-111
Upon motion of Regent Windham, seconded by Regent Montes, with all members voting
aye, it was ordered that the administration be authorized to explore further the feasibility
and funding sources for the renovation of the air conditioning and heating systems of North
and South Halls.
93-112
Upon motion of Regent Blake, seconded by Regent Bagsby, with all members voting aye,
it was ordered that the administration be authorized to secure appropriate professional
services (not to exceed $10,000) to explore alternatives for reclamation of the land located
east of the swimming pool and bordered by Wilson Street, and to review possible uses and
concerns related to the swimming pool bath house, handicapped access to the pool,
expansion of tennis facilities to accommodate competitive matches and additional parking; it
was further ordered that the administration report on the options and probable costs at the
January Board meeting.
93-113
After general discussion of "SFA 98", the Board indicated their desire to provide input on
the document (along with the Chair and Vice Chair of the Faculty Senate, the Student
Government Association President and Vice President, and the administration) at a special
meeting on December 17. A re-draft document containing input gathered subsequent to
distribution of the Discussion Draft will be prepared prior to the meeting and a final draft
will be presented for Board approval at the January meeting.
Reports presented from:
A. Faculty Senate Chair, Dr. Suzy Weems
•Merit policy
•SFA 98 faculty input related to the following areas: 1) academic excellence - to
provide the best possible education for students of diversity; need good honors
program; need continued review of faculty salaries; 2) evaluation procedures - need
review of process; 3) environmental, clean-air awareness. In summary, overriding
concern of faculty is academic excellence
B. Student Government Association President, Ms. Kim Edge
•Congratulations on Sweat Equity Success
•Positive response from students regarding improvements in parking and financial
aid
•SGA Bill re: SFA 98 to be adopted
C. Vice President for University Advancement, Dr. Jerry Holbert
•Annual fund status report
•Phonothon to begin soon, 25 weeks of calls this year
•Grants - 81% of proposals being funded; good return
D. President, Dr. Dan Angel
•Pacesetter awards were presented to Thomas Benoit, Patsy Hallman and Kent
Adair.
•Dates for January meeting were set: January 24 and 25
•Details of 70/200 celebration activities - Ken Kennamer
•Progress report on financial aid reorganization - Judd Staples
•Enrollment statistics - Jim Hardy
•Honors Program - Fred Kitterle
•President's summit on East Texas Higher Education Study; Proposition 13 on
November ballot; and Special Advisory Committee on division of HEAF funds
Appendix 1
Board Adopted Version
Discrimination Complaints/Sexual Harassment Index E-4 6
Original Implementation: September 1990/February 2, 1982
Last Revision: October, 1993
1. General Policy Statement: It is the policy of Stephen F.
Austin State University that no faculty, staff, or student
may discriminate against another on the basis of unlawful
discrimination based on race, color, religion, sex, age,
national origin, disability, or disabled veteran status.
Unlawful discrimination based on sex, includes
discrimination defined as sexual harassment.
Retaliation for filing an unlawful discrimination or sexual
harassment complaint is prohibited by the policy and cause
for severe disciplinary action, up to and including
termination.
2. Definitions:
A. Unlawful Discrimination Defined: Based upon a variety
of statutes, both on the federal and state levels,
unlawful discrimination may affect terms and conditions
of the employment or the educational setting and is
based upon race, color, religion, sex, age, national
origin, disability, or disabled veteran status.
Applicable statutes include: Title VII of the Civil
Rights Act of 1964, Civil Rights Act of 1991, Title IX
of the Education Amendments of 1972, Age Discrimination
in Employment Act, Americans with Disabilities Act,
Section 504 of the Rehabilitation Act, Equal Pay Act,
Immigration Reform and Control Act of 1986, and Article
5221k, V.T.C.S. The totality of the facts and
circumstances will have a bearing on whether unlawful
discrimination has occurred.
B. Sexual Harassment Defined: Unwelcomed sexual advances,
requests for sexual favors, and other verbal or
physical conduct of a sexual nature, even if carried
out under the guise of humor, constitute sexual
harassment when:
i. Submission to or tolerance of such conduct is made
either explicitly or implicitly a term or
condition of an individual's employment or
education; or
ii. Submission to or rejection of such conduct by an
individual is used as the basis for academic or
employment decisions (including admissions and
hiring) affecting that individual; or
iii. Such conduct has the purpose or effect of
substantially interfering with an individual's
academic or professional performance or creating
an intimidating, hostile or offensive employment,
educational or living environment.
The totality of facts and circumstances in any given
situation will have a bearing upon whether sexual harassment
has occurred•
3. Management and Supervisory Responsibilities
Vice Presidents, Deans, Directors and Department Chairs
shall take appropriate steps to disseminate this policy
statement and to inform employees and students of procedures
for lodging complaints. Vice Presidents, Deans, Directors,
and Department Chairs are required and students are urged to
notify the Affirmative Action Officer, Title IX Coordinator,
ADA Coordinator or the appropriate Dean, Director, or
Department Chair for the area involved when they learn of an
instance of unlawful discrimination or sexual harassment.
4. Employee Responsibilities and Student Responsibilities
While not required, all employees are urged to contact the
Affirmative Action Officer or the appropriate Dean,
Director, or Department Chair for the area involved when
they learn of an instance of employee related unlawful
discrimination or sexual harassment. Students are urged to
contact the Affirmative Action Officer, Title IX
Coordinator, ADA Coordinator or the appropriate Dean,
Director, or Department Chair for the area involved
regarding employee related unlawful discrimination or sexual
harassment. Student to student infractions should be
reported to the Office of Student Development.
5. Complaint Procedure
Complaints regarding employees should be reported to the
Affirmative Action Officer, Title IX Coordinator, or ADA
Coordinator (as applicable), or may additionally be reported
to a Vice President, Dean, Director or Department Chair for
the area involved. Student to student complaints should be
reported to the Dean of Student Development or the Title IX
Coordinator, ADA Coordinator (if applicable).
Complaints should be filed as soon as possible after any
incident, but no later than 180 days from the incident
involving unlawful discrimination or sexual harassment.
Complaints must be made in writing and signed by the
individual submitting the complaint. While investigators
will attempt to maintain as much confidentiality as
possible, complete anonymity may give way to the
University's obligation to investigate and take appropriate
action.
If a pattern of harassment appears to exist but no
complainant files charges, the University may file a third-party
charge against an individual. Such charges will be
handled with as much care and control as any other complaint
so as to avoid acting on rumor or unjustified accusation.
6. Investigative Process
A. Employee Related Complaints
Once a complaint has been brought to the attention of a
Supervisor, Department Chair, or other individual in a
management level position, that person must report the
complaint to the Affirmative Action Officer as soon as
possible. Every attempt should be made to keep the
information confidential and restricted to only those
who have an absolute need to know. As there may be
more than one complainant in an unlawful discrimination
or sexual harassment case, the term "complainant" as
used herein shall refer to one or more complainants.
The Dean or Director (or other appropriate
administrator) for the area involved will promptly
investigate the charges, not as a representative of the
complainant, but as an impartial party. Investigation
of a complaint normally will include conferring with
the parties involved and may proceed as necessary with
examination of relevant documentation and interviews
with other employees or students. Discrimination
should be exercised in determining which witnesses are
indeed necessary to the investigation. The Dean or
Director conducting the investigation may also consult
with appropriate management personnel, including the
Affirmative Action Officer, the Title IX Coordinator,
the ADA Coordinator, and the General Counsel for advice
and guidance as applicable. After investigating the
allegations, the Dean or Director will meet with the
accused employee, provide the accused with the
allegations and an opportunity to respond to the
allegations.
If the complaint cannot be resolved to the satisfaction
of all parties, the Dean or Director, working with the
Affirmative Action Officer and the General Counsel,
will make a recommendation, normally within 20 days of
receipt of the complaint to the appropriate Vice
President as to whether any disciplinary action should
be taken. A summary of the case will be provided to
the Vice President. Recommendations of the Dean or
Director to the Vice President may include dismissing
of the charges; warning, suspension or termination of
the accused; allowing the parties to sign a written
statement of agreement resolving the differences
between them; counseling; or other appropriate
disciplinary action. A general status report of the
investigation should be provided to the complainant and
accused upon completion of this investigative phase.
B. Student to Student Complaints
Student to student complaints shall be investigated by
the Office of Student Development. If student
discipline is recommended, the Rules of Procedure in
Student Disciplinary Matters will guide the
proceedings. Said rules are located in the Student
Handbook and Activities Calendar, the General Bulletin,
or may be obtained from the Office of Student
Development. Informal and formal disposition
procedures are outlined within the policy; and, it
contains full due process procedures.
7. Review by the Appropriate Vice President for Employee
Related Complaints
After the Vice President has offered to meet with the
accused and if necessary, to meet with the complainant and
witnesses, he/she will accept, modify or reject the
recommendation of the Dean or Director. If the Vice
President concludes that the charges are serious enough to
require termination or suspension, the faculty member or
staff member may be placed on a leave of absence with pay,
pending a hearing by the review board and action by the
President.
The Vice President's review should generally be completed
within 10 days from receipt of the matter, unless additional
time is required in fairness to the parties. A general
status report should be forwarded to the complainant and
accused at the conclusion of the Vice President's review.
8. Review by the Employee Discrimination Complaint Review Board
If the decision of the Vice President is not satisfactory to
either party (complainant or accused), that individual(s)
has 5 days in which to request a formal hearing of the
Discrimination Complaint Review Board (Review Board). The
request must be put in writing to the Vice President issuing
the decision.
The Review Board of three individuals will be selected from
a panel of 20 preselected faculty members and 20 preselected
staff members to be appointed by the President. If the
accused is a faculty member, the Review Board will be
composed of at least two faculty members. If the accused is
a staff member, the review board will be composed of at
least two staff members. The complainant will select one
member and the accused will select one member from the
applicable panel. The two selected members will choose a
third person from the panel. None of these individual
review board members shall be from the department of the
accused or the complainant (if applicable). These three
individuals will comprise the Review Board and will elect a
Chair from among themselves. Any selected Review Board
member may be removed by the University President if
substantial proof of bias exists.
The Chair of the Review Committee is responsible for
coordinating the hearing. The complainant, the accused, and
the University all have the right to be advised by counsel,
but lawyers will not be allowed to conduct or participate in
the hearing. The day prior to the scheduled Review
Committee hearing, each side shall submit a list of its
witnesses and copies of its documentary evidence to the
Chair. A list of witnesses and a summary list of the
evidence will be provided to each side. The rest of the
Review Committee will not receive the material until the
time of the hearing. All materials presented must be
maintained in a confidential manner by all parties involved.
The Dean or Director who conducted the investigation will
apprise the Review Board of the charges and will normally
present all relevant evidence. Both parties will have an
opportunity to respond to the charges and present evidence.
Each party may make a 5 minute opening statement prior to
presentation of the evidence. The burden will be on the
complainant to prove by the greater weight of the credible
evidence that the accused has committed an act of sexual
harassment and/or unlawful discrimination. Cross
examination of the witnesses is allowed by all parties. A 5
minute closing statement may be made by each party.
The Chair of the Review Board will conduct a fair hearing
before the complainant and accused and shall allow relevant
witnesses and evidence from both parties. The hearing shall
be closed to the public. The General Counsel may and/or the
Affirmative Action Officer may be consulted in procedural
matters of the review board and may be present at meetings.
All information presented in the hearing is confidential and
restricted to only those who have an absolute need to know.
The Review Board will normally have 5 days after the
completion of the hearing to summarize its findings and make
a written recommendation to the President.
9. Review by the President for Employee Related Complaints
The President may accept, reject, or modify the decision of
the Review Board and will have access to all evidence, both
parties, and witnesses as deemed appropriate. In all
instances except where a faculty member's tenure is revoked
or a faculty member is being terminated during the term of
her/his employment, the decision of the President is final.
In cases where tenure is being revoked or a faculty member
is being terminated during the term of employment, the case
will be forwarded to the Board of Regents for a final
determination. Pending action by the Board of Regents, the
faculty or staff member may be suspended without pay and
removed from the University or assigned to other duties with
pay at the President's discretion. Final disposition of the
case will be communicated to the accused employee and the
complainant.
10. Employee Sanctions
a. University imposed: University sanctions for
violations of this policy may include any disciplinary
action, up to and including termination of employment
for faculty or staff. Such activities may be viewed as
constituting moral turpitude or substantial neglect of
academic responsibilities under the Faculty Handbook
and a major work rule violation under the Staff
Discipline and Discharge Policy.
b. Civil: Unlawful discrimination and sexual harassment
are illegal under state and federal law. Official
governmental investigations by the Equal Employment
Opportunity Commission, the Texas Commission on Human
Rights, and/or the Office of Civil Rights of the
Department of Education may result in civil lawsuits
against any person guilty of unlawful discrimination or
sexual harassment.
c. Criminal: Sexual harassment by a public servant is a
criminal offense under 39.02 of the Texas Penal Code.
Depending on the severity of the acts, sexual
harassment may also specifically include indecent
exposure, public lewdness, assault, or sexual assault
under Chapter 21 and 22 of the Texas Penal Code.
d. False charges may result in disciplinary action against
the complainant by the University or civil charges
against the complainant by the accused. An
unsubstantiated charge is not considered "false11 unless
it is found to be made with the knowledge of it being
false.
11. Student Sanctions
Disciplinary action for student to student related
complaints may range from sensitivity counseling to
suspension or dismissal. False charges may also result in
disciplinary action. An unsubstantiated charge is not
considered "false11 unless it is found to be made with
knowledge of it being false.
Source of Authority: President
Cross Reference: Faculty Handbook, Non-Academic Employee
Handbook, Student Handbook and Activities Calendar, and
General Bulletin
Contact for Revision: President
Forms: None
Appendix 2
Family and Medical Leave Index E-Original
Implementation: August 5, 1993 Page 1 of 6
Last Revision: None
Employees are eligible to take up to twelve (12) weeks of
family/medical leave within any 12 month period and be restored to
the same or an equivalent position upon return from leave, provided
that the employee has worked for the State of Texas for at least
twelve (12) continuous months and for at least 1250 hours within
that twelve (12) month period. Leave without pay may begin after
all available applicable paid leave has been exhausted and will be
included in the twelve (12) weeks of Family and Medical Leave Act
(FMLA). Applicable Sick Leave Pool benefits and leave resulting
from Workers1 Compensation claims will be included in the twelve
(12) week period. For purposes of the FMLA, the twelve(12) month
period will be measured backward from the date leave begins.
Definitions: For the purpose of this policy, the following definitions
apply.
Spouse - Those recognized as spouses by the State of Texas.
Parent - Parent includes biological parents and individuals who
acted as the employee's parents, but does not include parents-in-law.
Son or Daughter - Son or daughter, legally recognized, includes
biological, adopted, foster children, stepchildren, and legal wards,
who are under eighteen (18) years of age but incapable of caring
for themselves.
Serious Health Condition - A serious health condition means any
illness, injury, impairment, or physical or mental condition that
involves: (1) any incapacity or treatment in connection with
inpatient care; (2) an incapacity requiring absence of more than
three calendar days and continuing treatment by a health care
provider; or, (3) continuing treatment by a health care provider of
a chronic or long-term condition that is incurable or will likely
result in incapacity of more than three days if not treated.
Page 2 of 6
Continuing Treatment - Continuing treatment means: (1) two or
more treatments by a health care provider; (2) two or more
treatments by a provider of health care services (i.e., physical
therapist) on referral by or under orders of a health care
provider; (3) at least one treatment by a health care provider
which results in a regimen of continuing treatment under the
supervision of the health care provider (i.e., a program of
medication or therapy); or, (4) under the supervision of, although
not actively treated by, a health care provider for a serious long-term
or chronic condition or disability which cannot be cured (i.e.,
Alzheimer's or severe stroke).
Health Care Provider - Health care provider includes: licensed
medical (MD) and osteopathic (OD) doctors, podiatrists, dentists,
clinical psychologists, optometrists, chiropractors authorized to
practice in the State, nurse practitioners and nurse-midwives
authorized under State law, and Christian Science practitioners.
"Needed To Care For" - "Needed to care for" a family member
encompasses: (1) physical and psychological care; and, (2) where
the employee is needed to fill in for others providing care or to
arrange for third party care of the family member.
"Unable To Perform The Functions Of His/Her Job" - The phrase
"unable to perform the functions of his/her job" means an
employee is (1) unable to work at all; or, (2) unable to perform any
of the essential functions of his/her position. The term "essential
functions" is borrowed from the Americans with Disabilities Act
(ADA) to mean "the fundamental job duties of the employment
position," and does not include the marginal functions of the
position.
Reason For Family/Medical Leave: Eligible faculty and staff
may take family/medical leave for any of the following reasons:
1. the birth of a child and in order to care for such child;
2. the placement of a child with the employee for adoption or
foster care;
3. to care for a spouse, son, daughter, or parent with a serious
health condition; or,
Page 3 of 6
4. because of the employee's own serious health condition which
renders the employee unable to perform the job functions
essential to the employee's position.
Leave because of reasons (1) or (2) must be completed within the
twelve (12) month period beginning on the date of birth or
placement. In addition, spouses, employed by Stephen F. Austin
State University who request leave because of reasons (1) or (2) or to
care for an ill parent may only take a combined total of twelve (12)
weeks leave during any twelve (12) month period.
Notice of Leave: If the need for family/medical leave is
foreseeable, the employee must give thirty (30) days prior written
notice. If this is not possible, the employee must at least give notice
as soon as practicable (within one to two working days of learning of
the need for leave). Failure to provide such notice may be grounds
for delay of leave. Where the need for leave is not foreseeable, the
employee is expected to notify the supervisor and the Personnel
Services Office within 1 to 2 working days of learning of the need for
leave, except in extraordinary circumstances. (Requests for
Family/Medical Leave forms are available from Personnel Services
(Attachment A). Employees should use these forms when requesting
leave.)
Medical Certification: If an employee is requesting leave because
of their own or a covered relation's serious health condition, the
employee and the relevant health care provider must supply
appropriate medical certification. Medical Certification Forms
(Attachment B) may be obtained from Personnel Services. The form
must be returned to the Director of Personnel Services within fifteen
(15) days after the date leave is requested. Failure to provide
requested medical certification in a timely manner may result in
denial of leave until the certification is provided. The University, at
its expense, may require an examination by a second health care
provider designated by the University. If the second health care
provider's opinion conflicts with the original medical certification, the
University, at its expense, may require a third, mutually agreeable,
health care provider to conduct an examination and provide a final
and binding opinion. The University may require subsequent
medical recertification on a reasonable basis.
Page 4 of 6
Reporting While On Leave: If an employee takes FMLA because
of a personal serious health condition or to care for a covered
relation, the employee must contact the supervisor at least once each
week regarding the status of the condition and the intention to
return to work. The supervisor is responsible for reporting this
information to the Director of Personnel Services.
Leave Is Unpaid: Family/medical leave is unpaid leave after
applicable vacation, sick leave and comp time have been exhausted.
Employees may apply for sick leave from the Sick Leave Pool which,
if approved, will be included within the FMLA period. Employees
may be eligible for short or long-term disability payments and/or
workers' compensation benefits under the provisions of those plans.
This leave time will also be included in the twelve (12) week period
of FMLA. The use of paid leave time does not extend the twelve (12)
week leave period.
Medical And Other Benefits: During an approved family/medical
leave, the University will maintain the State contribution for the
employee's health benefits as if the employee continues to be
actively employed. During periods of paid FMLA leave the
University will deduct the employee's portion of the insurance
premiums as a regular payroll deduction. If the employee's FMLA
leave is unpaid, the employee portion of the premium must be paid
by the employee through the Benefits Manager in Personnel Services.
The employee's insurance coverage will cease if the premium
payment is more than thirty (30) days late. If the employee elects
not to return to work at the end of the FMLA leave period, the
employee will be required to reimburse the University for the cost of
the premiums paid by the University for maintaining coverage
during the leave, unless the employee cannot return to work because
of a serious health condition or other circumstances beyond the
employee's control.
Vacation and sick leave will not accrue during periods of unpaid
leave.
Intermittent And Reduced Schedule Leave: Leave because of a
serious health condition may be taken intermittently (in separate
blocks of time due to a single health condition) or on a reduced leave
Page 5 of 6
schedule (reducing the usual number of hours worked per work
week or work day), if medically necessary. A reduced schedule is
subject to availability depending on the business need of the
department or the University. If leave is unpaid, the University will
reduce the employee's salary based on the amount of time actually
worked. In addition, while the employee is on an intermittent leave
or reduced schedule, the University may temporarily transfer the
employee to an alternative position which better accommodates
recurring leave and which has equivalent pay and benefits.
Returning From Leave: If the employee takes leave because of a
personal serious health condition, the employee is required to
provide medical certification that the employee is fit to resume work.
Return to Work Medical Certification Forms (Attachment C) may be
obtained from the Personnel Services Office. Employees failing to
provide the Return to Work Medical Certification Form will not be
permitted to resume work until it is provided.
Extended Leave For Serious Health Conditions: Leave taken
because of the employee's personal serious health condition may be
extended on a month-to-month basis for a maximum of an additional
twelve (12) weeks upon: (1) written request to the University; (2)
proof that the serious health condition has continued; and, (3)
approval by the University, subject to the department's business
needs. If the employee does not return to work on the originally
scheduled return date nor request in advance an extension of the
agreed upon leave with appropriate documentation, the employee
will be deemed to have voluntarily terminated employment with the
University. If the employee requests an extension of leave beyond
the initial twelve (12) week period, he/she must submit medical
certification of continued serious health condition in advance for each
month of extended leave. Reinstatement is not guaranteed on an
extended leave and will depend on University needs. If the
employee's cumulative leave for any reason extends beyond twenty-four
(24) weeks in any two-year period, the employee automatically
will be deemed terminated, but may be entitled to disability
payments in accordance with the University's disability insurance
and/or workers' compensation plans, if applicable.
Page 6 of 6
Source of Authority: United States Department of Labor, Title 29,
Part 825, Code of Federal Regulations, The Family and Medical Leave
Act of 1993; General Appropriations Act, Article V, Section 8
Cross Reference: None
Contact for Revision: Vice President Business Affairs and General
Counsel
Forms: Family/Medical Leave Request for Leave Form, Certification
of Physician or Practitioner Form, Family/Medical Leave Return to
Work Medical Certification Form
STEPHEN F. AUSTIN STATE UNIVERSITY
FAMILY/MEDICAL LEAVE
REQUEST FOR LEAVE FORM
Type or Print
PARTI: TO BE COMPLETED BY EMPLOYEE
Name of employee (First Name, Middle Initial, Last Name) 2. Employee's position
3. Reason for requested leave.
a. [ ] Birth of a son or daughter of the employee and in order to care for such son or daughter.
b. [ ] Placement of a son or daughter with employee for adoption or foster care.
c. [ ] In order to care for spouse, child or parent ("covered relation") with a serious health condition.
d. [ ] Because of my own serious health condition which makes me unable to perform the functions of my
position.
4. If "c," please check one:
[ ] Spouse [ ] Child [ ] Parent
5. If "c," state name and address of relation.
6. Date on which you wish to commence leave. 7. Date of anticipated return to work.
8. Are you requesting leave on an intermittent or reduced
leave schedule?
9. If "yes/1 please give schedule of when you anticipate
you will be unavailable for work.
Yes [ ] No
Employees seeking leave because of reason "3(c)M or "3(d)lf above, must complete the attached Medical Certification
Form and return it within 15 days, or as soon as practicable. I understand that my leave may be delayed until I provide
a completed Medical Certification Form.
Employees seeking to return to work after a leave because of their own serious illness (reason M3(d)H), also must complete
a Return to Work Medical Certification Form before they are allowed to resume work. I understand that I may not be
permitted to resume my position with Stephen F. Austin State University until I provide a completed Return to Work
Medical Certification Form.
I hereby agree that while I am on leave, I will continue to pay my share of health insurance premiums, unless I elect to
discontinue such coverage. I also agree that if I fail to return to work at the end of the leave period, I will reimburse
Stephen F. Austin State University for the cost of health benefits provided by the University during my leave, unless I
fail to return to work because of the continuation, recurrence or onset of a serious health condition or because of other
circumstances beyond my control. If I am unable to return to work because of a serious health condition, I will provide
medical certification from the appropriate health care provider stating that I am unable to perform the functions of my
position on the date that my leave expired or that I am needed to care for a covered relation because he/she has a
serious health condition on the date that my leave expired.
Signed Dated
CERTIFICATION OF PHYSICIAN OR PRACTITIONER
(Family and Medical Leave Act of 1993)
Employee's Name
3. Diagnosis
2. Patient's Name (If other than employee)
4. Date condition commenced
5. Probable duration of condition
per day or days per week.)
a. By Physician or Practitioner
less than the employee's normal schedule of hours
b' By another provider of health services, if referred by Physician or Practitioner
nrSHSf^11« ^elateSu° CarC f°r thC emPloyee's seriously-ill family member, skip items 7,8 and 9 and
proceed to items 13 through 20 on reverse side; otherwise, continue below.
Check Yes or No in boxes below, as appropriate
7. Is inpaticnt hospitalization of the employee required? O Yes O No
8. Is employee able to perform work of any kind? (If "No", skip Item 9) O Yes
9. Is employee able to perform the functions of employee's position? (Answer after reviewing statement
from employer of essential functions of employee's position, or, if none provided, after discussing with employee)
LJ Yes □ No
10. Signature of physician or Practitioner 11. Date 12. Type of Practice (Field of Specialization, if any)
13. Is inpatient hospitalization of the family member (patient) required? O Yes O No
14. Does (or will) the patient require assistance for basic medical, hygiene, nutritional needs, safety or transportation?
LJ Yes LJ No
15 After review of the employee's signed statement (See Item 17 below), is the employee's presence necessary or would
it be beneficial for the care of the patient? (This may include psychological comfort.) O Yes O No
For certification relating to ore for the employee's seriously-ill family member, complete items 13 through 17
below as they apply to the family member and proceed to item 20.
16. Estimate the period of time care is needed or the employee's presence would be beneficial.
Item 17 is to be completed by the employee needing family leave
** ?**** !°- ^ ^ * seriously-m familX ™mber, the employee shall state the care he or
j£ \l , 'fhmate °f hme **** durin& which this carc wil1»» provided, including a schedule ifleave
is to be taken intermittently or on a reduced leave schedule.
18. Employee signature
20. Signature of Physician or Practitioner 21. Date
19. Date
22. Type of Practice (Field of Specialization, if any
STEPHEN F. AUSTIN STATE UNIVERSITY
FAMILY/MEDICAL LEAVE
RETURN TO WORK MEDICAL CERTIFICATION FORM
Type or Print
PARTI: TO BE COMPLETED BY EMPLOYEE
1. Name of employee (First Name, Middle Initial, Last Name) 2. Employee's position
3. Date leave commenced. 4. Date of planned return to work.
5. Signature of employee
Signed Dated
PART Ek TO BE COMPLETED BY EMPLOYEES HEALTH CARE PROVIDER
6. I certify that on
[Date] [Name of Employee)
functions of his/her position with or without reasonable accommodation.
m, is able to resume performing the
Signed Dated
7. Health care provider's name, address & telephone number.
PART HI: TO BE COMPLETED BY EMPLOYER
Employer Remarks:
This form should be delivered or mailed to: Stephen F. Austin State University
Personnel Services
P.O. Box 13039 SFA
Nacogdoches, TX 75962-3039
CO
X
1
ex,
a,
<
A. Additions:
Department and Number
Computer Science 475
Counseling & Special Educational Programs SPH172
Counseling & Special Educational Programs SPA300
Counseling & Special Educational Programs SPH482
Elementary Education ELE304
Elementary Education ELE300
Kinesiology & Health Science DAN200
Kinesiology & Health Science HSC489
Kinesiology & Health Science DAN203
Secondary Education SED301
University SFA101
Political Science PSC346
Biology BIO415
Physics and Astronomy PHY 301
Physics and Astronomy PHY 302
Physics and Astronomy PHY303
Physics and Astronomy PHY440
STEPHEN F. AUSTIN STATE UNIVERSITY
UNDERGRADUATE CURRICULUM COMMITTEE
Title and Credit
Special Problems (1,2,3)
Begin American Sign Language (3)
Clinical Intervention (3)
Communication Disorders in Multicultural Populations (3)
Practicum in Technology in Teaching (3)
Seminar in Classroom Management and Discipline (3)
Special Studies in Dance (1-2)
Health Assessment and Intervention (3)
Jazz Dance II (3)
Schools and Society (3)
Freshman Seminar (1)
Public Personnel Administration (3)
Principles of Electron Microscopy (4)
Mechanics and Optics for Teachers (3)
Mechanics for Teachers (3)
Optics for Teachers (3)
Electrical and magnetic field theory, properties of dielectrics, and magnetic materials (3)
B. Revisions:
Department and Number
Administrative Services 137
Administrative Services 137
Administrative Services 142
Administrative Services 147
Administrative Services 225
Administrative Services 247
Administrative Services 310
Administrative Services 321
Administrative Services 335
Administrative Services 345
Administrative Services 347
Current Title and Credit
Keyboarding Applications
Shorthand Theory
Speed writing
Introduction to Business
Business Environment
Business Communication
Word Processing
Office Automation
Introduction to Business Law
Development and Implementation of Training Programs
Administrative Communication
Administrative Services 366
Administrative Services 437
Administrative Seivices 440
Administrative Services 447
Administrative Services 448
Administrative Services 450
Administrative Services 456
Administrative Services 461
Administrative Services 468
Administrative Services 475
Administrative Services 478
Administrative Services 485
Elementary Education 301
Elementary Education 382
Elementary Education 437
G Deletions:
Department and Numher
Communication 424
Real Estate Law
Regulation of Business by Governments
Records Management
Organizational Communication
Estate Planning
Executive Communication
Administrative Agency Law
Information Management
Oil and Gas Law
Special Problems
Environmental Regulatory Law
Internship in Office Systems
Seminar in Teaching Science
Seminar in Teaching Social Studies
Seminar in Teaching Mathematics
Title and Credit
Documentary in Film and Television (3)
BLW366 Real Estate Law (3)
BLW437 Reg of Bus by Gov (3)
OS Y440 Reconls Management (3)
BCM447 Org Communication (3)
BLW448 Estate Planning (3)
BCM450 Exec Communication (3)
BLW456 Admin Agency Law (3)
OS Y461 Information Management (3)
BLW468 Oil and Gas Law (3)
OS Y475 Special Problems (3)
BLW478 Environmental Law (3)
LSY485 Internship (1-3)
ELE301 Seminar in Teaching Science (3)
ELE302 Seminar in Teaching Social Studies (3)
ELE3O3 Seminar in Teaching Mathematics (3)
A. Additions:
Department and Number
Agriculture AEC542
Counseling & Special Ed Progr HSE500
Forestry FOR524
Forestry FOR522
Forestry FOR516
Psychology PS Y518
Psychology PSY508
Psychology PSY512
Psychology PSY508
Psychology PS Y518
Psychology PS Y512
Kinesiology & Health Science HSC489G
STEPHEN F. AUSTIN STATE UNIVERSITY
GRADUATE CURRICULUM COMMITTEE
Title and Credit
Agricultural Policy (3)
Advanced Clinical Practicum in Orientation and Moblity (6)
Economic Projection Analysis (3)
Valuation of Nonmarket Resources (3)
Forestry Investment Analysis (3)
Advanced Psychopathology (3)
Advanced Cognitive Psychology (3)
Child and Family Psychotherapy (3)
Cognitive Psychology (3)
Psychopathology (3)
Child and Family Psychotherapy (3)
Health Assessment and Intervention (3)
B. Revisions:
Department and Number
Administrative Services ADS521
Administrative Services ADS575
Administrative Services ADS576
Administrative Services ADS53O
Administrative Services ADS578
Administrative Services ADS537
Administrative Services ADS547
Psychology PS Y517
Psychology PS Y515
Psychology PS Y519
Current Title and Credit
Topics in General Business(l-3)
Advanced Graduate Studies (3)
Advanced Graduate Studies (3)
Seminar in Business Communication Theory (3)
Seminar (3)
Legal and Social Environment of Business (3)
Legal Environment of International Business (3)
Professional and Ethical Issues in Psychology (1-2)
Introduction to Psychotherapy (3)
Psychology Practicum (3)
G Deletions:
Department and Number Title and Credit
Appendix 4
Compliance with the Americans with Disabilities Act Index
Original Implementation: October, 1993 Page 1 of 1
Last Revision: None
The Americans with Disabilities Act signed into law on July 26, 1990, acknowledges the
findings of Congress that some forty-three million Americans have one or more physical or
mental disabilities. The legislation provides a comprehensive national mandate for the
elimination of discrimination against individuals with disabilities.
It is the intent of the Board of Regents of Stephen F. Austin State University to comply with
both the letter and the spirit of the Americans with Disabilities Act as well as the Rehabilitation
Act of 1973 and other laws protecting the rights of persons with disabilities. Compliance
measures should address the necessity to provide opportunities to qualified persons with
disabilities in employment and in access to education, where this will not pose an undue burden
or fundamentally alter the programs of the institution. The Board recognizes that compliance
with ADA requires increased awareness of all University employees and a commitment of
institutional resources. Further, it is the intent of the Board to continue this institution's strong
commitment to meeting the special needs of individuals with disabilities, and that this
commitment remain an integral part of the educational mission and service component of
Stephen F. Austin State University.
It is the intent of this institution that ADA coompliance measures shall include the following:
•diligently pursue the identification and elimination of physical, communication and
attitudinal barriers to activities, programs, or services operated or sponsored by the
institution, including employment, academic criteria, student and public services, and
facilities,
•implement procedures for raising awareness of the requirements of ADA throughout the
institution;
•provide coordinated and timely response to requests from individuals with disabilities;
•create a task force to support the efforts of an ADA Coordinator and ensure continued
sensitivity to special needs of individuals with disabilities.
University policy prohibits discrimination against faculty, staff or students on the basis of race,
color, religion, sex, age, national origin, disability or disabled veteran status.
Source of Authority: The Americans with Disabilities Act of 1990 (Public Law 101-
336), Rehabilitation Act of 1973 (29 U.S.C. 706(8)), Board of Regents, President
Cross Reference: None
Contact for Revision: ADA Coordinator
Forms: None
X
t33
i
Appendix 6
STEPHEN F. AUSTIN STATE UNIVERSITY
ENDOWMENT INVESTMENT ACTIVITY
FOR THE PERIOD MAY 1, 1993 THROUGH AUGUST 31, 1993
OCTOBER 1,1993
Beginning Balance May 1, 1993
Year To Date Gross Earnings
Gross Yield on Investment
Annualized Gross Yield
Fund Manager Fees
Administrative Fees
Net Earnings Available for Distribution
Earnings Distribution to Expenditure Accounts
Earnings Distribution to Endowment Corpus
Net Yield on Investments
Annualized Net Yield
Ending Fund Balance
Appendix 7
HEAF REPORT
Page 1