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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
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Rating | |
Title | Minutes of the Board of Regents of Stephen F. Austin State University. 1993, Volume No. 124 |
Subject |
Meetings Universities & colleges Stephen F. Austin State University |
Description | October 19, 1993, Volume No. 124 |
Date | 1993-10-19 |
Repository | East Texas Research Center |
Associated Dates | 1990-1999 |
Type | Publication |
Format | |
Rights | This item may be protected under Title 17 of the U.S. Copyright Law. It is available for non-commercial research and education. For permission to publish or reproduce, please contact the East Texas Research Center at asketrc@sfasu.edu |
Transcript | 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 |
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