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Stephen F. Austin State University Minutes of the Board of Regents Nacogdoches, Texas January 28 and 29, 2008 Volume 241 TABLE OF CONTENTS BOARD MINUTES FOR JANUARY 28-29, 2008 Page Monday, January 28,2008 Executive Session Only. No action Items. Tuesday, January 29, 2008 Board Order 08-08 Approval of October 29 and 30, 2007 Board Minutes 3 Board Order 08-09 Approval of December 14, 2007 Board Minutes 3 Board Order 08-10 Approval of Personnel Items 3 • Faculty Appointments for 2007-2008 3 . Staff Appointments for 2007-2008 4 . Changes of Status for 2007-2008 6 • Retirements 8 • Faculty Leave of Absence With Pay 9 Board Order 08-11 Approval of Academic and Student Affairs Items 9 • Authorization for Master of Science Degree in Human Sciences 9 • Proposal to Offer a Bachelor of Arts Degree with a Major in Information Technology 9 • Request Name Change for Department of Political Science, Public Administration and Geography to Department of Government 10 • Request Name Change for Gerald W. Schlief Department of Accounting to Gerald W. Schlief School of Accountancy 10 • Approval of Stephen F. Austin State University Charter School Board 11 • Approval of Agreement between Stephen F. Austin State University, Stone Fort Museum and Friends of the Stone Fort Museum 12 Board Order 08-12 Approval of Building and Grounds Items 12 • Purchase of Herrington Property at 318 E. Starr 12 • Selection of WHR Architects as Architect Firm for the DeWitt School of Nursing Facility 13 • Approval of Chireno Mineral Lease to Samson Lone Star LP 13 . HVAC Repair-Steen Hall (17) 13 Board Order 08-13 Approval of Financial Affairs Items Increase in Education Research Center Project Budget 14 • Resolution to Approve Qualified Financial Institutions and Investment Brokers 14 Resolution to Acknowledge Review of Investment Policy and Strategy 14 • Approval of Fiscal Year 2006-07 Annual Financial Report 15 Board Order 08-14 Adoption of Policy Revisions 15 Reports 15 President Audit Services Report Faculty Senate Student Government Association Appointment of Board Nominating Committee 16 Appendices Appendix 1 .A - Resolution to Approve Qualified Financial Institutions and Investment Brokers Appendix 1 .B - Resolution to Acknowledge Review of Investment Policy and Strategy Appendix 2 - Agreement between Stephen F. Austin State University, Stone Fort Museum and Friends of the Stone Fort Museum Appendix 3 - Policy Revisions Academic Appeals by Students (A-2) Academic Integrity (A-9.1) Academic Space for Non-Academic Activities (B-2) Alcohol/Drug Free Workplace (E-5) Austin Building Conference Rooms (B-3) Budget Change and Additional Appropriation (C-4) Cellular Telephones and Wireless Communication Devices (F-42) Chair Appointments (E-6A) Compensation Plan for Classified and Non-Classified Staff (E-68) Copyrighted Works Reproduction (A-12) Effort Reporting and Certification for Sponsored Activities (A-68) Employee Recruitment Plan (E-69) Faculty Development Leaves (E-23 A) Faculty Search (E-24A) Fair Labor Standards (E-70) Hiring of Non-Academic Personnel (E-27N) Illicit Drugs and Alcohol Abuse (D-19) Interdepartmental Transfer (C-19) Investments (C-41) Investments-Endowment Funds (C-4 LA) Out-of-State Electronic Fee (C-52) Part-time Faculty (E-37A) Procurement Card (C-44) Prompt Payment (C-25.1) Proprietary Purchases (C-26) Purchase of Surplus Property (C-28) Safe and Vault Combinations (D-29) Salary Supplements, Stipends and Additional Compensation (E-9) Selection of Academic Deans (E-59) Semester Grades (A-54) Student Service Fee Allocations (F-28) Student Travel (D-48) University Award Programs (A-66) Working Hours and Holidays (D-40) Stephen F. Austin State University Minutes of the Meeting of the Board of Regents Nacogdoches, Texas January 28 and 29,2008 Austin Building 307 Monday, January 28, 2008 The regular meeting of the Board of Regents was called to order at 8:00 a.m., Monday, January 28, 2008, by Chair Valerie Ertz. PRESENT: Board Members: President: Vice-Presidents: Ms. Valerie Ertz, Chair Mr. Carlos Amaral Mr. Richard Boyer Mr. James Dickerson Mr. Bob Garrett Mr. Joe Max Green Mr. Paul Pond Mr. James Thompson Ms. Stephanie Tracy Mr. Melvin White Dr. Baker Pattillo Dr. Richard Berry Mr. Danny Gallant Mr. Steve Westbrook General Counsel: Ms. Yvette Clark Other SFA administrators, staff, and visitors The Building and Grounds Committee convened at 8:00 a.m. and adjourned at 10:15 a.m. The Finance/Audit Committee convened at 10:20 a.m. and adjourned at 11:05 a.m. The Academic and Student Affairs Committee convened at 11:16 a.m. and adjourned at 12:40 p.m. Following the lunch recess, the board of regents reconvened at 1:50 p.m. in open session; the chair called for an immediate executive session to consider the following items: -1- Real Estate Deliberations Regarding the Purchase, Exchange, Lease, Sale or Value of Real Property, including possible action on real estate purchases (action to be taken in open session) (Texas Government Code, Section 551.072) Personnel Matters Regarding Specific University Employees Consideration of Individual Personnel Matters Relating to Appointment, Employment, Evaluation, Assignment, Duties, Discipline, or Dismissal of an Officer or Employee, including but not limited to football coaches, executive director of alumni association, vice presidents, and the president, including possible action in naming the provost/vice president for academic affairs (action to be taken in open session) (Texas Government Code, Section 551.074) Gifts and Donations Deliberations Regarding Negotiated Contracts for Prospective Gifts or Donations (Texas Government Code, Section 551.073) The executive session ended at 6:20 p.m. and the board recessed for the day, with no further action. Tuesday, January 29,2008 The chair reconvened the board meeting into open session at 9:05 a.m. on Tuesday, January 29, 2008. PRESENT: Board Members: President: Vice-Presidents: General Counsel: Ms. Valerie Ertz, Chair Mr. Carlos Amaral Mr. Richard Boyer Mr. James Dickerson Mr. Bob Garrett Mr. Joe Max Green Mr. Paul Pond Mr. James Thompson Ms. Stephanie Tracy Mr. Melvin White Dr. Baker Pattillo Dr. Richard Berry Mr. Danny Gallant Mr. Steve Westbrook Ms. Yvette Clark -2- Other SFA administrators, staff, and visitors The chair welcomed guests to the board meeting and called upon Regent Boyer to lead the pledge to the flags. Student Regent Tracy provided the invocation. Athletic Director Robert Hill introduced the Ladyjack Soccer Team, which this season won their fifth Southland Conference title, also winning the Southland Conference Tournament and advancing to the NCAA Championships. He also introduced the Ladyjack Volleyball Team, which won their fourth Southland Conference title in 2007. Dr. Ric Berry introduced the theatre exchange students from Rose Bruford College in England. Mr. Steve Westbrook introduced Dr. Adam Peck, who is joining the SFA staff as the Dean of Student Affairs. Dr. Baker Pattillo introduced Rick Travis and Greg Owens, visitors from the Legislative Budget Board, on campus to tour facilities and meet university faculty and staff. The board chair recognized Ms. Terry Lehmann, parent of a student athlete, who made a presentation concerning her support of the baseball program and the proposed baseball/softball park. APPROVAL OF MINUTES Board Order 08-08 Upon motion by Regent Garrett, seconded by Regent White, with all members voting aye, it was ordered that the minutes of the October 29 and 30, 2007 board meeting be approved. Board Order 08-09 Upon motion by Regent Garrett, seconded by Regent Boyer, with all members voting aye, it was ordered that the minutes of the December 14, 2007 telephone board meeting be approved. PERSONNEL Board Order 08-10 Upon motion by Regent Amaral, seconded by Regent Green, with all members voting aye, it was ordered that the following personnel items be approved: FACULTY APPOINTMENTS FOR 2007 - 2008 Academic Affairs Dr. Richard Berry, Provost and Vice President for Academic Affairs, at a salary of $160,000 for twelve months, effective January 30, 2008. -3- Forestry and Agriculture Jeffrey Adkins. Professor of Agriculture, Ph.D. (North Carolina State University), at a salary of $51,500 for 100 percent time for nine months, effective January 2, 2008. Liberal and Applied Arts Ryan Andrew Rhodes, Lecturer of English and Philosophy, M.A. (University of Oklahoma), at a salary of $36,000 for 100 percent time for nine months, effective October 15, 2007. Radhika N. Makecha, Assistant Professor of Psychology, M.A. (University of Southern Mississippi), at a salary of $46,000 for 100 percent time for nine months, effective September 1, 2008. Dawson Schultz, Visiting Assistant Professor of English and Philosophy, Ph.D. (Vanderbilt University) at a salary of $21,500 for 100 percent time for four and one half months, effective January 10, 2008. Andrew M. Terranova, Assistant Professor of Psychology, Ph.D. (University of New Orleans), at a salary of $46,000 for 100 percent time for nine months, effective September 1, 2008. Lisa D. Topp, Assistant Professor of Psychology, Ph.D. (University of Texas), at a salary of $46,000 for 100 percent time for nine months, effective September 1, 2008. Sciences and Mathematics Cally M. Claussen, Clinical Instructor of Nursing, AND (Angelina College), at a salary of $49,000 for 100 percent time for nine months, effective January 15, 2008. STAFF APPOINTMENTS FOR 2007 - 2008 Athletics Shannon Dawson, Assistant Football Coach, at a salary of $64,000 for 100% time for 10.5 months, effective January 7, 2008. Aaron DeLaTorre. Assistant Football Coach, at a salary of $24,000 for 100% time for 10.5 months, effective February 1, 2008. David Gibbs. Assistant Football Coach, at a salary of $64,000 for 100% time for 10.5 months, effective January 7, 2008. -4- James C. Harper. Head Football Coach, at a salary of $117,426 for 100% time for 12 months, effective February 1, 2008. Kristopher Kocurek. Assistant Football Coach, at a salary of $54,000 for 100% time for 10.5 months, effective January 7, 2008. Eric Lokev, Assistant Football Coach, at a salary of $38,000 for 100% time for 10.5 months, effective January 7, 2008. Brian McNutt Assistant Football Coach, at a salary of $24,000 for 100% time for 10.5 months, effective February 1, 2008. Brandon North, Assistant Football Coach, at a salary of $24,000 for 100% time for 10.5 months, effective February 1, 2008. Arlington Nunn, Assistant Head Football Coach, at a salary of $60,237 for 100% time for 10.5 months, effective February 1, 2008. Todd Schonhar, Assistant Football Coach, at a salary of $54,000 for 100% time for 10.5 months, effective February 1, 2008. Harold Christopher Truax, Assistant Football Coach, at a salary of $60,000 for 100% time for 10.5 months, effective February 1, 2008. Education Jo L. Corley, Certification Officer/PBIC Coordinator, at a salary of $45,000 for 100 percent time for 12 months, effective January 3, 2008. Audrea L. Vanscoder, Teacher in Early Childhood Lab, at a salary of $30,000 for 100 percent time for 12 months, effective November 12, 2007. Karen Woods, Certification Specialist/Advisor, at a salary of $35,000 for 100 percent time for 12 months, effective November 26, 2007. Information Technology Services William Wayne DuBose, Programmer Analyst I, at a salary of $32,000 for 100 percent time for 12 months, effective January 14, 2008. Stephen R. McGee, Systems Programmer I, at a salary of $40,000 for 100 percent time for 12 months, effective January 21, 2008. -5- Library Andrew Jonathan Davis, Director AARC Program, at a salary of $40,000 for 100 percent time for 12 months, effective January 14, 2008. Rhonda Williams, Coordinator of Digital Projects Educator, at a salary of $40,000 for 100 percent time for 12 months, effective July 1, 2008. Physical Plant Mark A. Williams, Coordinator of Building Services, at a salary of $30,000 for 100 percent time for 12 months, effective November 12, 2007. Student Affairs Adam Peck, Dean of Student Affairs, at a salary of $90,000 for 100 percent time for 12 months, effective January 7, 2008. University Affairs Brady Michael Condit, Technology Specialist, at a salary of $29,000 for 100 percent time for 12 months, effective November 12, 2007 CHANGES OF STATUS FOR 2007 - 2008 Admissions Lynsey C. Cortines, from Administrative Assistant in Teacher Certification at a salary of $27,641 for 100 percent time for 12 months, to Admissions Counselor at a salary of $30,160 for 100 percent time for 12 months, effective October 15, 2007. Business Treba A. Marsh, from Professor and Chair of Accounting at a salary of $110,813 for 100 percent time for 12 months, to Professor and Chair of Accounting, with additional salary due to Temple-Inland Employees Distinguished Professorship, at a salary of $117,000 for 100 percent time for 12 months, effective December 1, 2007. Education Belinda Vanglahn, from Coordinator of Transfer Articulation at a salary of $28,923 for 100 percent time for 12 months, to Academic Advisor at a salary of $35,000 for 100 percent time for 12 months, effective October 15, 2007. -6- Finance and Administration Kathleen H. Williamson, from Accountant III at a salary of $52,000 for 100 percent time for 12 months, to Construction/Program Manager at a salary of $60,000 for 100 percent time for 12 months, effective November 1, 2007. Forestry and Agriculture Marc A. Nolan, from Graduate Assistant at a salary of $4,100 for 100 percent time for four months, to Interim Supervisor of Beef Farm at a salary of $37,671 for 100 percent time for 12 months, effective October 15, 2007. Housing Sarah L. Hardy, from Manager of Housing Systems at a salary of $41,278 for 100 percent time for 12 months, to Manager of Housing Systems with additional duties during vacancy of Manager of Housing Administration position, at a salary of $41,278 with an additional salary supplement of $100 per month for the additional duties for 100 percent time for 12 months, effective October 8, 2007. Dirk W. Kadyk, from Accounting Clerk III at a salary of $30,215 for 100 percent time for 12 months, to Manager of Housing Administration at a salary of $41,000 for 100 percent time for 12 months, effective December 6, 2007. Information Technology Services Richard M. Barnhait from Manager ITS Student Information System at a salary of $54,911 for 100 percent time for 12 months, to Assistant Director of Application at a salary of $60,000 for 100 percent time for 12 months, effective November 15, 2007. Paul T. Davis, from Interim Director at a salary of $85,500 for 100 percent time for 12 months, to Director of ITS at a salary of $100,000 for 100 percent time for 12 months, effective November 1, 2007. Earl M. Forney, from Database Specialist at a salary of $32,800 for 100 percent time for 12 months, to Administrator Database I at a salary of $40,000 for 100 percent time for 12 months, effective January 7, 2008. John W. Parker, from Programmer Systems II at a salary of $48,528 for 100 percent time for 12 months, to Assistant Director of Systems at a salary of $60,000 for 100 percent time for 12 months, effective November 15, 2007. Stephen J. Watson, from Systems Programmer I at a salary of $45,798 for 100 percent time for 12 months, to Systems Programmer II at a salary of $49,800 for 100 percent time for 12 months, effective November 15, 2007. -7- Liberal and Applied Arts George E. Averv. from Adjunct Faculty at a salary of $3,800 for 25 percent time for four months to Cultural Heritage Research Coordinator at a salary of $45,000 for 100 percent time for 12 months, effective October 22, 2007. Library Melissa B. Boiles, from Program Director and Interim Director of Library for AARC at a salary of $37,216 for 100 percent time for 12 months, to Program Director of AARC at a salary of $35,616 for 100 percent time for 12 months, effective January 1, 2008. Sciences and Mathematics Cortnev R. Charbo, from Graduate Teaching Assistant at a salary of $4,612.50 for 50 percent time for four months, to Biology Lab Coordinator at a salary of $34,257 for 100 percent time for nine months, effective January 10, 2008. Janice S. Hensarling, from Clinical Instructor of Nursing at a salary of $29,649 for 50 percent time for 12 months, to Clinical Instructor of Nursing at a salary of $59,298 for 100 percent time for nine months, effective January 16, 2008. Deborah A. Pace, from Professor of Mathematics and Statistics at a salary of $72,189 for 100 percent time for 12 months, to Professor and Chair of Mathematics and Statistics at a salary of $92,326 for 100 percent time for nine months, effective November 1, 2007. RETIREMENTS Terry J. Box, Professor of English and Philosophy, effective December 15, 2007. James M. Butler, Supervisor of Energy, Physical Plant, effective January 31, 2008. David C. Howard, Assistant Professor of English and Philosophy, effective December 15, 2007. Margaret R. Lev, Lecturer of Social Work, effective December 31, 2007. Patsy K. Reeves, Manager of FRS/HRS, Information Technology Services, effective January 31, 2008. -8- FACULTY LEAVE OF ABSENCE WITH PAY Whereas, the following was considered by the board members: In accordance with Policy E-29A, Leave of Absence (Faculty), the university may grant a leave of absence to faculty, when department needs allow, to accept a similar position in a visiting capacity at another institution. Leave of absence with pay for faculty must be approved by the board of regents upon the recommendation of the president. The following faculty member has requested a leave of absence with pay in accordance with Policy E-29A. Dr. Lauren F.V. Scharff, Professor of Psychology, has been invited to join the United States Air Force Academy faculty from July 7, 2008 to May 27, 2009 as a Distinguished Visiting Professor in the Department of Behavioral Sciences and Leadership. Her salary and benefits of $105,121 will be reimbursed to SFASU from the United States Air Force Academy. Therefore, it was ordered that the faculty leave of absence with pay for Dr. Lauren F.V. Scharff be approved. ACADEMIC AND STUDENT AFFAIRS Board Order 08-11 Upon motion by Regent Pond, seconded by Regent Dickerson, with all members voting aye, the following academic and student affairs items were approved. AUTHORIZATION FOR MASTER OF SCIENCE DEGREE IN HUMAN SCIENCES Whereas, the following was considered by the board of regents: The administration requests authorization to offer the Master of Science degree in Human Sciences via a web-based delivery system beginning fall semester 2008. The administration also requests that the board authorize submission of a Distance Delivery request for this program to the Texas Higher Education Coordinating Board for approval and hereby certifies that all applicable criteria of the THECB have been met. The School of Human Sciences proposes to begin offering its Master of Science degree in Human Sciences (30 semester credit hour thesis option) as a totally online program beginning fall 2008. The audience for this degree would consist of current industry professionals seeking continued education and Family and Consumer Sciences teachers seeking additional credentials, as well as county extension agents. Therefore, the Master of Science degree in Human Sciences was approved. PROPOSAL TO OFFER A BACHELOR OF ARTS DEGREE WITH A MAJOR IN INFORMATION TECHNOLOGY Whereas, the following was considered by the board of regents: The Department of Computer Science in the College of Business seeks approval to offer a Bachelor of Arts degree with a major in Information Technology. The curriculum for the Bachelor of Arts -9- in Information Technology is designed to provide in-depth coverage of both computational and network resources, as well as substantial exposure to various sub-fields such as security, data management, system administration, network configuration, and programming. In addition, the student will be trained in the tools and techniques necessary for effective operation of digital technologies. Beyond these core topics in computer science, students are required to take a broad foundation of liberal arts courses as befits a Bachelor of Arts degree program, and must select either a second major or a minor as a broadening requirement. The primary purpose of the proposed degree program for a Bachelor of Arts in Information Technology is to provide students with a solid foundation in the concepts, theories and techniques of computational resource management, with an emphasis on the application of these concepts to a professional environment. Our graduates would be well-prepared to use these analytical skills to find logical solutions to a wide variety of problems, whether in a private, corporate, or government environment. Therefore, approval was given to offer the Bachelor of Arts in Information Technology beginning in fall 2008. REQUEST NAME CHANGE FOR DEPARTMENT OF POLITICAL SCIENCE, PUBLIC ADMINISTRATION AND GEOGRAPHY TO DEPARTMENT OF GOVERNMENT Whereas, the following was considered by the board of regents: A recent shuffling of two academic departments has taken place: • The Criminal Justice Department was merged with the Department of Political Science, Public Administration and Geography. • The Geography program in turn was shifted to the Department of Sociology. Both changes were approved at the October 2007 board of regents meeting. In light of the shifts, the current Department of Political Science, Public Administration and Geography is proposing to amend its name to reflect its new configuration. The recommended title would be the Department of Government. This designation not only reflects the broad scope of the disciplines but manages to capture all the areas of study. It is an ideal solution that accurately characterizes how the programs overlap. Therefore, the Department of Political Science, Public Administration and Geography was renamed the Department of Government. REQUEST NAME CHANGE FROM GERALD W. SCHLIEF DEPARTMENT OF ACCOUNTING TO GERALD W. SCHLIEF SCHOOL OF ACCOUNTANCY Whereas, the following was considered by the board of regents: In accordance with Policy A-63, Designation of School Status, the Gerald W. Schlief Department of Accounting is seeking school status. The department requests a name change to Gerald W. Schlief School of Accountancy. -10- Program enrichment and expansion make school status important for effectively portraying the professional nature of the field of study in the department. Program graduates face rigorous standards for full entry into the profession and school status will support an even more positive image for accounting graduates as they enter their profession. Trends within the discipline require enhanced viability which school status will provide. Therefore, the Gerald W. Schlief Department of Accounting was changed to the Gerald W. Schlief School of Accountancy. APPROVAL OF STEPHEN F. AUSTIN STATE UNIVERSITY CHARTER SCHOOL BOARD Whereas, the following was considered by the board of regents: The university's application for a university charter school has been submitted to the Texas Education Agency. Review and approval of the application has been scheduled for mid-January. Governance of the university charter school, known as the Stephen F. Austin State University Charter School, will require the establishment of a university charter board. The SFA Charter Board shall consist of seven voting members, plus the academic leader of the charter campus serving as an ex-officio non-voting member. The SFA Charter Board will include representation from the areas of education, parents, teachers and the community. The dean of the Perkins College of Education shall always serve as the chair of the SFA Charter Board. The department chair of Elementary Education will also always serve as a member of the Charter Board. The SFA Charter School academic leader shall always serve in an ex-officio non-voting capacity on the SFA Charter Board. While these three positions shall remain constant on the SFA Charter Board (without terms of office and subject only to change in the incumbent within those positions), the remaining SFA Charter Board members will serve three year renewable terms with new members appointed by general consensus of the current SFA Charter Board members. The initial SFA Charter Board members shall be as follows: John Jacobson, dean of the Perkins College of Education, Chair; Janice Pattillo, department chair of SFA Elementary Education; Carolyn Davis, ECH site coordinator; Becky Griffith, SFA Charter School teacher; Lori Harkness, director of SFA Early Childhood Lab; Vanessa Hooper, parent representative; Weldon Beard, community representative, and Lysa Hagan, SFA Charter School academic leader, ex-officio non-voting member. The SFA Charter Board will provide management for the SFA Charter School, and the SFA Board of Regents will provide general oversight to ensure fiscal accountability. Therefore, the SFA Charter Board was created as described in the agenda item explanation and the SFA Charter Board was given authority for the day to day operations of the school, subject to final approval by the board of regents for the annual budget, expenditures beyond the approved annual budget, purchases, contracts and other expenditures over $100,000 and the employment of all professional (exempt) personnel. The SFA Charter Board will generally be subject to all university policies. The SFA Charter Board shall be delegated final authority for the adjudication of all parent and -11- student charter school complaints. To the extent required by law, the SFA Charter Board shall be subject to the Texas Open Meetings Act. APPROVAL OF AGREEMENT BETWEEN STEPHEN F. AUSTIN STATE UNIVERSITY, STONE FORT MUSEUM AND FRIENDS OF THE STONE FORT MUSEUM Whereas, the following was considered by the board of regents: The Stone Fort Museum requests approval to finalize the Agreement between Stephen F. Austin State University, Stone Fort Museum and Friends of the Stone Fort Museum that would establish the Friends as a support group of the University. The agreement is included as Appendix 2. The purpose of this group is to support the programs and activities of the Stone Fort Museum, Stephen F. Austin State University; including the following activities: a.) to promote the Stone Fort Museum as an educational and cultural center dedicated providing natural and cultural heritage learning opportunities accessible to a diverse audience, b.) to serve as a liaison between the regional community and the Stone Fort Museum and promote the Museum as a heritage tourism destination, c.) to provide voluntary staff support for ongoing and special needs, and d.) to assist in raising funds to support excellence in cultural heritage programs and activities at the Stone Fort Museum. Therefore, approval was given to the agreement (included in Appendix 2) between Stephen F. Austin State University, Stone Fort Museum and Friends of the Stone Fort Museum; and the president was authorized to sign the agreement. BUILDING AND GROUNDS Board Order 08-12 Upon motion by Regent Amaral, seconded by Regent Pond, with all members voting aye, it was ordered that the following building and grounds items be approved. PURCHASE OF HERRINGTON PROPERTY AT 318 E. STARR Whereas, the following was considered by the board of regents: The university has the opportunity to purchase the property located at 318 E. Starr, Lot 26-D in Block 45 in the city of Nacogdoches, from Mr. David Herrington, subject to approval by the board of regents. The property was appraised on October 20, 2007 for $210,000. It is located in an area that is in accordance with the university's master plan. Therefore, the board of regents authorized the university to purchase the property at 318 E. Starr at the appraised value of $210,000 and appropriate closing costs, subject to approval by the Texas Higher Education Coordinating Board. The president or interim -12- vice president for finance and administration was authorized to sign the closing documents. SELECTION OF WHR ARCHITECTS AS ARCHITECT FIRM FOR THE DEWITT SCHOOL OF NURSING FACILITY Whereas, the following was considered by the board of regents: At the October 27, 2007 meeting, the SFASU Board of Regents authorized the university to issue a request for architectural services for the DeWitt School of Nursing facility. A committee reviewed the responses and submits three finalists to be considered to provide architectural services for the project: O'Connell Robertson, Omniplan, and WHR Architects. The building and grounds committee met and interviewed the three finalists and voted unanimously to recommend to the entire board WHR Architects as the firm most qualified for this project and as the firm with which to open negotiations as the architect. Therefore, the board of regents selected WHR Architects as the architect for the DeWitt School of Nursing facility project and authorized the president to sign the contract. APPROVAL OF CHIRENO MINERAL LEASE TO SAMSON LONE STAR LP Whereas, the following was considered by the board of regents: The university owns a 7.69% mineral interest in 50.2 acres of land that is a part of the Chireno Survey near the town of Chireno, Texas. Samson Lone Star L.P. offered the university $200 per net mineral acre for three years with an option to extend the lease for an additional two years at $130 per net mineral acre. In addition, the company offered a 20% royalty. Therefore, the board of regents approved the mineral lease offered by Samson Lone Star L.P. and authorized the president to sign the contract, with negotiation of an appropriate royalty. HVAC REPAIR - STEEN HALL (17) Whereas, the following was considered by the board of regents: The HVAC system in Steen Hall (17) is entering its 40th year of service and had been identified as a critical maintenance issue scheduled for a phased replacement in the FY 2009 and FY 2010 fiscal years. On January 15, 2008, one of the air-handlers in the west tower developed critical problems that required its shut-down and the relocation of students housed on the 5th and 6th floors of Steen's west tower. This air-handler is beyond repair and its failure necessitates the earlier replacement of the remaining west tower system than previously planned so the tower can be occupied in the fall 2008 semester. Therefore, it was approved to replace the HVAC system in the west tower of Steen Hall (17) at a cost not to exceed $600,000. The source of funds will be current auxiliary capital repair funds and auxiliary fund balance. The president was authorized to sign any contracts necessary to complete the work authorized. -13- FINANCIAL AFFAIRS Board Order 08-13 Upon motion by Regent White, seconded by Regent Garrett, with all members voting aye, it was ordered that the following financial affairs items be approved. INCREASE IN EDUCATION RESEARCH CENTER PROJECT BUDGET Whereas, the following was considered by the board of regents: In order to obtain Texas Higher Education Coordinating Board approval for the Education Research Center, on April 24, 2007 the SFASU Board of Regents approved a budget of $28,000,000 for the project. The Texas Higher Education Coordinating Board approved the project for $28,000,000 on June 13, 2007. The coordinating board allows a construction project to exceed its approved amount by 10% without additional project submission. Therefore, the board of regents increased the Education Research Center project budget to include the 10% level allowed by the coordinating board and established the project budget at an amount not to exceed $30,800,000. RESOLUTION TO APPROVE QUALIFIED FINANCIAL INSTITUTIONS AND INVESTMENT BROKERS Whereas, the following was considered by the board of regents: The Texas Public Funds Investment Act requires the university to adopt a resolution by the governing body of the institution that specifies qualified investment brokers. The following brokers/investment managers are listed in the resolution, submitted in Appendix LA: Merrill Lynch, Inc.; Alliance Bernstein International; Fayez Sarofim & Co.; Lazard Asset Management; Franklin Private Client Group; Blackrock Investment Management, LLC; ING Investment Management; NFG Investment Group L.P.; Davis Advisors; The Endowment Fund; Renaissance Access, LLC; and Torrey Asia Access, LLC. Therefore, the Resolution Approving Financial Institutions and Brokers for Investment Transactions was approved as presented in Appendix 1 .A. RESOLUTION TO ACKNOWLEDGE REVIEW OF INVESTMENT POLICY AND STRATEGY Whereas, the following was considered by the board of regents: In accordance with the Texas Public Funds Investment Act, the university's investment policy and strategy must be annually reviewed by the governing board of the institution. In addition, the law requires the governing body to adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and strategy. The resolution, included in Appendix l.B, acknowledges the board's annual review of Policy C-41, Investments. Policy C-41 is included in the Policy Revisions, Appendix 3. -14- Therefore the Resolution to Acknowledge Review of the Investment Policy and Strategy was ratified as presented in Appendix 1 .B. APPROVAL OF FISCAL YEAR 2006-07 ANNUAL FINANCIAL REPORT Whereas, the following was considered by the board of regents: On November 20, 2007, the Stephen F. Austin State University Annual Financial Report for the fiscal year that ended August 31, 2007 was submitted to the Governor, Comptroller of Public Accounts, Legislative Budget Board and State Auditor as required by state law. Therefore, the Stephen F. Austin State University Annual Financial Report was approved as submitted to the board of regents. UNIVERSITY POLICIES AND PROCEDURES Board Order 08-14 Upon motion by Regent Thompson, seconded by Regent Boyer, with all members voting aye, the board of regents adopted the proposed policy revisions as presented in Appendix REPORTS Dr. Pattillo made a report to the regents concerning the following topics: . Gala - December 13, 2008 • Student Regent Selection • Baseball • Voluntary System of Accountability . SFA Charter School • Gina Oglesbee, director of audit services, reported on: • Annual Audit Plan • Marc Guidry, chair of the Faculty Senate, reported on the following: • Faculty Accomplishments • Role of Teaching and Research for Faculty • Summary of Senate Report on How Faculty Can Aid Recruitment Efforts • Efforts to Improve Academic Advising • Need for Faculty Salary Equity Kent Willis, president of the Student Government Association, made the following report: • Fall 2007 Accomplishments • Spring 2008 Plans Monthly theme Student Endowment Support for Winter and Spring Sports President's Higher Education Community Service Honor Roll, 1923 Society and Volunteerism -15- Recognition for Greek Community and Organizations Recognition for Jack Team Rewards Program and Cole Campbell BOARD NOMINATING COMMITTEE Chair Ertz announced the appointment of the board nominating committee for the purpose of nominating board officers for election at the April meeting. Serving on the nominating committee will be Melvin White, chair, Richard Boyer, and Bob Garrett. The meeting was adjourned at 10:20 a.m. -16- Appendix 1 .A BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY Nacogdoches, Texas RESOLUTION APPROVING FINANCIAL INSTITUTIONS AND BROKERS FOR INVESTMENT TRANSACTIONS WHEREAS, The Texas Public Funds Investment Act requires the university to submit a resolution approving a list of qualified investment brokers to the governing body of the institution for adoption and/or review; and WHEREAS, the following firms are approved investment brokers: Merrill Lynch, Inc. Alliance Bernstein International Fayez Sarofim & Co. Lazard Asset Management Franklin Private Client Group Blackrock Investment Management, LLC ING Investment Management NFG Investment Group L.P. Davis Advisors The Endowment Fund Renaissance Access, LLC Torrey Asia Access, LLC WHEREAS, the following firms are approved financial institutions: Citizens First Bank Commercial Bank of Texas First Bank and Trust East Texas Bancorp South Fredonia Regions Bank Stone Fort Texas Bank NOW THEREFORE BE IT RESOLVED that the Stephen F. Austin State University Board of Regents, by the issuance of this resolution, does hereby approve the above listed firms for investment transactions by Stephen F. Austin State University; and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minutes of the January 29, 2008 meeting of the board. Valerie E. Ertz, Chair / W Max Green, Secretary Appendix l.B BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY Nacogdoches, Texas RESOLUTION TO ACKNOWLEDGE REVIEW OF INVESTMENT POLICY AND STRATEGY WHEREAS, The Texas Public Funds Investment Act requires that each university's investment policy and strategy must be annually reviewed by the governing board of the institution; and WHEREAS, the law also requires the governing body to adopt a written instrument stating that is has reviewed the investment policy and strategy; NOW THEREFORE BE IT RESOLVED that the Stephen F. Austin State University Board of Regents, by the issuance of this resolution, does hereby approve the investment policy and strategy as reviewed on January 29, 2008; and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minutes of the January 29, 2008 meeting of the board. Attest: Valerie E. Ertz, Chair / Jo/ Max Green, Secretary Appendix 2 AGREEMENT BETWEEN STEPHEN F. AUSTIN STATE UNIVERSITY STONE FORT MUSEUM AND FRIENDS OF THE STONE FORT MUSEUM This agreement is made and entered into as of the first day of February 2008 of and between Stephen F. Austin State University Stone Fort Museum, hereinafter referred to as the Museum, and the Friends of the Stone Fort Museum, hereinafter referred to as the Friends. Whereas, the Museum is part of the University as a whole, the University Board of Regents formally adopts this Agreement in accordance with its policies; and Friends as an independent association with exists for the support of the University adopts this with its Bylaws. Whereas, the Museum and the Friends provide and make available certain services and benefits to each other, and Whereas, the Museum and Friends work together to promote the public services and the cultural heritage and natural history preservation and education services for the Museum, University and East Texas. Now, therefore, in consideration of the covenants, promises, terms and provision herein contained, the parties mutually agree to the following: GENERAL PROVISIONS ARTICLE I 1. To the extent allowed by state law, this agreement shall remain in full force and effect until terminated by either party or superseded by a subsequent agreement. While every effort will be made to provide 60 days written notice for termination of this agreement by either party, Stephen F. Austin State University in accordance with its policy and State law may terminate this Agreement anytime. 2. This agreement is solely between the parties and cannot be assigned to another party without written approval from the non-assigning party. 3. This agreement is entered into Nacogdoches County and proper venue shall be in Nacogdoches County. 4. This Agreement is subject to and shall be construed under the laws of the State of Texas including Chapter 2255 of the Texas Government Code. The invalidity or illegality of any provision in this agreement shall not affect other terms or conditions of the agreement. 5. This agreement contains the entire agreement of the parties and no change or modification of this agreement is binding unless in writing and signed by the parties. ARTICLE II The Friends agree to provide the following services: 1. Serve as a conduit between the Museum and the community; offer advice and support for the initiatives of the Museum; Appendix 2 2. Support and execute fund-raising activities of the benefit of the Museum, within any guidelines or limitations imposed by the University, if any; and 3. Seek to perform those functions that the Museum cannot provide itself. ARTICLE III The Museum will provide the following: 1. Reasonable space in the Stone Fort Museum to the Friends to carry out its obligation; 2. Computer time as allocated by the Museum to generate receipts, maintain donor gift histories, and provide the Friends with annual gift reports; 3. Utilities and telephone service reasonably needed by the Friends in carrying out its activities; 4. Reasonable use of the Museum equipment and personnel as needed to coordinate the activities of the Friends with the educational operations of the University. The Museum hereby expressly recognizes that the president, vice-president, advancement officers, deans, faculty members may reasonably assist from time to time in development programs or may be needed or helpful in coordinating those Friends activities with the operations of the Museum. No monetary or pecuniary enrichment will be made to any officer or employee of the University by Friends or its donors. Conduct of employees is governed by the University and when conflicts arise, University policies shall always govern the conduct of its employees. The Curator of the Museum and the Dean of Liberal Arts shall serve in an ex-officio capacity on the Friends Board; 5. Assistance in research and investigation of individuals, foundations, businesses and corporations best qualified as prospective donors; and 6. Assistance in the coordination of follow-up activities after each solicitation and fund-raising event. ARTICLE IV The Board of Advisors of the Friends assures the Museum that the activities of the Friends will always be in support of the objectives, goals and priorities of the Museum, as communicated to it by the Dean of the College of Liberal and Applied Arts. Friends will only raise funds in the name of the University. The Museum will provide a complete financial report to the Friends on the allocation and use of resources made available through the Friends. ARTICLE V Since the Friends of the Stone Fort Museum will only raise money in the name of the University, the moneys will be deposited in University accounts, invested through the University investment program, and governed in accordance with University policy. ARTICLE VI Disbursements from Friends accounts will be supervised by the Dean of the College of Liberal and Applied Arts and will be made only for expenditures consistent with the explicit purposes Appendix 2 for which the accounts were established and the restriction of the donors. Full documentation will be required for each disbursement. The University/Museum reserves the right to accept or deny any gift or donation within its sole discretion. ARTICLE VII The allocation and budgeting of unrestricted funds is to be determined by the Dean of the College of Liberal and Applied Arts. Resources raised by other support organizations and for which the Museum may serve as a Trustee of funds shall be allocated by the restriction of the donor and by the support organization. Restricted gifts shall be allocated by the restrictions of the donor and by the Dean of the College of Liberal and Applied Arts. The allocation, expenditure, and transfer of all resources will be reported to the Board of the Friends regularly by the Curator of the Museum. The Dean of the College of Liberal and Applied Arts will assure that all expenditures, irrespective of the allocation process, are consistent with state law and the charter of the Friends. When in conflict, State law shall always supersede. Agreed to this the day of , 2008. FRIENDS OF THE STONE FORT MUSEUM STEPHEN F. AUSTIN STATE UNIVERSITY By By President of the Board Dean, College of Liberal and Applied Arts Friends of the Stone Fort Museum Vice-President, University Advancement President Appendix 3 Policies for Board Review January 29,2008 p-l Appendix 3 P-2 Appendix 3 Academic Appeals by Students (A-2) Original Implementation: August 31, 1981 Last Revision: January 19, 2006Jcmuary 29, 2008 Good communication between faculty and students will make disputes between them infrequent, but if disagreements occur, it is university policy to provide a mechanism whereby a student may formally appeal faculty decisions. When a student uses the appeals procedure, all parties should endeavor to resolve the dispute amicably at as early a stage as possible and in compliance with applicable laws, regulations and policies. The faculty member, after considering the outcome of the appeals process, shall retain complete academic freedom to make the final determination on the matter and to assign semester grades. All materials under consideration at each step will be forwarded to the appropriate parties at the next procedural level. These steps are to be followed when making an academic complaint: 1. In the event of course-related complaints or disputes, the student must first appeal to the instructor for a resolution of the matter and must do so within 30 days after the first class day of the next long semester. Given extenuating circumstances, exceptions to this deadline may be granted. 2. If a complaint or dispute is not satisfactorily resolved, the student may appeal to the academic Cchair/director of the academic department unit in which the complaint or dispute is centered. If a formal complaint is to be registered, it should be made in writing stating the specific issues. The faculty member will respond with a written statement to the department academic chair/director. 3. If the complaint or dispute is still unresolved after appeal to the academic Cchair/director, the student or faculty member may appeal in writing to the Dean dean of the academic college in which the complaint or dispute is centered. The Dean dean will notify the faculty member or student of the appeal. 4. If a resolution of the matter is not reached, the Dean dean may refer the appeal to the College Council of the college in which the complaint or dispute is centered. The College Council will evaluate the oral and written statements of the student and the faculty member. If the College Council does not have at least one student member, the president of the Student Government Association will be asked by the Dees-dean to recommend no more than two student representatives from that college to serve for each case. The College Council will submit its recommendation to the Dean dean of the academic college. 5. If a resolution of the matter is not reached, the student or the faculty member may appeal in writing to the provost and vice president for academic affairs. The Dean's dean's written recommendation in addition to all previous materials will be P-3 Appendix 3 submitted to the provost/ and vice president for academic affairs. The College Council of the College college in which the complaint or dispute is centered may serve as an advisory body to the provost and vice president for academic affairs in the appeal process. The provost and vice president for academic affairs will evaluate all previous materials and any additional oral presentations from the student and faculty member. 6. After making a decision, the provost and /vice president for academic affairs will inform the student and all persons involved in the appeal process of the final recommendation of the matter within a reasonable period of time. STEPS FOR RESOLVING STUDENT INITIATED ACADEMIC COMPLAINTS Student Instructor Department Chair/Director College Dean College Council and 1 or 2 students College Dean Provost/Vice President for Academic Affairs Appeals heard by the University Committee on Academic Integrity will not be processed under Policy A 2, Academic Appeals by Students. Source of Authority: Provost/Vice President for Academic Affairs Cross Reference: Faculty Handbook, Student Handbook and Activities Calendar Responsible for Implementation: Provost and Vice President for Academic Affairs Contact For Revision: Provost and /Vice President for Academic Affairs Forms: None P-4 Appendix 3 Academic Integrity (A-9.1) Original Implementation: Unpublished Last Revision: January 19, 2006January 29, 2008 Academic integrity is a responsibility of all university faculty and students. Faculty members promote academic integrity in multiple ways including instruction on the components of academic honesty, as well as abiding by university policy on penalties for cheating and plagiarism. Education Faculty members are responsible for providing information about academic integrity and education for maintaining academic honesty during their regular coursework. Course syllabi provide information about penalties and the appeal process. Definition of Academic Dishonesty Academic dishonesty includes both cheating and plagiarism. Cheating includes but is not limited to (1) using or attempting to use unauthorized materials to aid in achieving a better grade on a component of a class; (2) the falsification or invention of any information, including citations, on an assigned exercise; and/or (3) helping or attempting to help another in an act of cheating or plagiarism. Plagiarism is presenting the words or ideas of another person as if they were your own. Examples of plagiarism are (1) submitting an assignment as if it were one's own work when, in fact, it is at least partly the work of another; (2) submitting a work that has been purchased or otherwise obtained from an Internet source or another source; and (3) incorporating the words or ideas of an author into one's paper without giving the author due credit. Procedure A faculty member who has evidence and/or suspects that academic dishonesty has occurred shall gather all pertinent information, approach the student or students involved, and initiate the following procedure. The faculty member shall review all evidence of cheating or plagiarism and discuss it directly with the student(s) involved. After hearing the student(s)' explanation or defense, the faculty member will determine whether or not academic dishonesty has occurred and will decide what penalty will be imposed. The faculty member will consult with his/her academic Gchair/director and Dean dean in making these decisions. Penalties may include reprimand or no credit for the assignment or exam, or re-submission of the paper, or make-up exam, or failure of the course. (Penalties for academic dishonesty and information on the appeals process should be outlined in the course syllabi.) After a determination of academic dishonesty, the faculty member shall notify the Office of the dean of the student's major by submitting a Report of Academic Dishonesty form, P-5 Appendix 3 along with supporting documentation as noted on the form. This report shall be made part of the student's record and shall remain on file with the dean's office for at least four years. The faculty member shall also inform the student of the appeals process available to all SFA students. (Academic Appeals by Students, policy A-2). Upon second or subsequent offenses, the dean of the student's major will determine a course of action. Actions may include referring the case to the college council for review and recommendations. The Dean shall refer second or subsequent offenses to the University Committee on Academic Integrity established under this policy. The faculty member shall also inform the student of the appeals process available to all SFA students. (Academic Appeals by Students, Policy A 2) The Student File A student's file on academic dishonesty will not be available to faculty members. The purpose of the file is for the d&ean to track a pattern of multiple cases of academic dishonesty during a student's academic career at Stephen F. Austin State University. Students who are found to have cheated/plagiarizeddemonstrated academic dishonesty and have withdrawn prior to the award of a grade will continue to have the determination of the infraction within their student records. This finding will bo considered by tho University Committee on Academic Integrity should the student commit future offenses. Appeals A student who wishes to appeal decisions related to academic integrity follows procedures outlined in policy A lAcademic Appeals of Students, policy A-2. The University Committee on Academic Integrity This committee shall be formed by the Provost and Vice President for Academic Affairs for the purpose of monitoring academic integrity among students. The committee shall be composed of a faculty representative elected from each college and one student representative appointed by the Provost and Vice President for Academic Affairs. Tho committee chair will be appointed by the Provost. A faculty member who reports an offense may not serve on the committee considering that offense. When a student is found guilty of two or more infractions, the case will be referred to tho University Committee on Academic Integrity. In addition, faculty members may request that the Dean refer particularly serious cases (buying or soiling papers, stealing an exam, significant plagiarism at the graduate level, etc.) directly to the University Committee on Academic Integrity. The committee will make one of the following recommendations to the Academic V.P. who is responsible for the implementation of this policy. no action is taken P-6 Appendix 3 probation suspension from the university Source of Authority: Provost and Vice President for Academic Affairs and Vico President for University Affairs Cross Reference: Student Handbook^-; Academic Appeals by Students, Policy A-2r; and Add/Drop, Policy A-5 Responsible for Implementation: Provost and Vice President for Academic Affairs Contact for Revision: Provost and Vice President for Academic Affairs Forms: Report of Academic Dishonesty Form P-7 Appendix 3 Academic Space For Non-Academic Activities (B-2) Original Implementation: 1979 Last Revision: February 3, 2005 January 29, 2008 The provisions of the policy on the Use of University Facilities (University Policy B-l) govern the use of all buildings, facilities, equipment, and grounds, hereafter referred to as facilities, under the control of Stephen F. Austin State University. That policy provides that the university may establish additional procedures for the reservation and use of specific facilities; therefore, the following provisions apply to academic space for non-academic activities. There are times when facilities are needed by non-academic departments of the university as well as registered student organizations. Non-academic departments of the university and registered student organizations may request the use of campus facilities to conduct activities that further their mission. To help achieve the most efficient utilization of university resources, academic facilities may be made available for the use of non-academic departments of the university and registered student organizations upon their request to the dean of the college or facility director who administers the space desired. The availability and use of such facilities will be subject to the regulations and policies set forth by the controlling college relating to the use of specific facilities within their delegated purview. Efforts should be made by the colleges to accommodate these requests whenever possible. Extensive or repeated use of the facility may require implementation of a facility use agreement. A statement of proof of responsibility or property damage deposit may be developed and required by the college that administers the space before use of the facilities is authorized. Such statements and/or procedures for requiring property deposits or facility use agreements must be in writing and have the approval of the president, provost and general counsel. Questions relating to contractual conditions should be initially directed to the dean of the college or facility director, who may as necessary, consult with the university attorney. The use of all academic space is subject to the permissible assignment or scheduling of that facility. Source of Authority: Board of Regents, President, Provost and Vice President for Academic Affairs, Vice President for University Affairs Cross Reference: Use o/University Facilities, Policy B-1;T B 28 Turner Auditorium, Policy B-28, College Policies on Facilities Use P-8 Appendix 3 Responsible for Implementation: Provost and Vice President for Academic Affairs; Vice President for University Affairs Contact for Revision: Provost and Vice President for Academic Affairs, Vice President for University Affairs Forms: None P-9 Appendix 3 Alcohol/Drug Free Workplace (E 5) Combined with Policy D-19, Illicit Drugs and Alcohol Abuse Original Implementation: Unpublished Last Revision: October 30, 2007 Deleted January 29, 2008 It is tho declared policy of tho United States government to create a drug froo America, The board of rogonts of Stephen F. Austin State University adopts this policy to comply with tho requirements of state and federal law and because of its dosire to havo a drug free campus. Definitions 1.Controlled substance means a controlled substance in schedules I through V of section 812 of the Controlled Substances Act, 21 U.S.C. 812, Examples include, but are not limited to: horoin, marihuana, mescalino, peyoto, and cocaine. This definition doos not include medication prescribed by a physician. 2.Conviction means a finding of guilt (including a plea of nolo contendoro) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes. 3.Criminal drug statute means a criminal statute involving manufacture, distribution, dispensation, use, or possession of any controlled substance. 1.Federal agency means an agency as that term is defined in section 55 1(1) of Title 5, United States Codo. Prohibition, Discipline, and Treatment 1 .The university prohibits all employees(full time and part time faculty, staff, and students) from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or alcoholic beverage in the workplace, or reporting to work under the influence of alcoholic beverages or illegal drugs. None of the funds appropriated to the university by the state legislature for travel expenses may be expended for alcoholic beverages. 2.Observance of this policy is a condition of employment for all employees of the university. 3.An employee violating this policy shall: 1 .be subject to employment discipline up to and including termination; or 2.be required to undergo satisfactory participation in a drug abuse assistance or rehabilitation program, such as the Employee Assistance Program of tho university. P-10 Appendix 3 4. Any employee directly engaged in the performance of work pursuant to the provision of a federal grant or contract who is convicted of violating a criminal drug statute shall notify his/her immediate supervisor of the conviction no later than five days after the conviction. The immediate supervisor shall promptly report the conviction to the appropriate vice president and the director of research services. On behalf of the university, the director of research services shall notify the federal agency grantor or contractor of the conviction within ten days of the university receipt of notice from the employee or of receipt of other actual notice. Good Faith Effort Stephen F. Austin State University shall make a good faith effort to maintain a drug free workplace by implementing and enforcing this policy. The university shall also comply with United States Department of Transportation regulations regarding drug testing of drivers with a commercial driver's license. Cross Reference: 41 USC Sec. 701 et seq ; Faculty Handbook, Non Academic Employee Handbook, State of Texas Travel Allowance Guide, Drug and Alcohol Testing Policy E 61 Responsible for Implementation: President Contact for Revision: General Counsel Forms: None P-ll Appendix 3 Austin Building Conference Rooms (B-3) Original Implementation: June 10, 1986 Last Revision: April 20, 2001 January 29, 2008 The provisions of the policy on the Use of University Facilities govern the use of all buildings, facilities, equipment, and grounds, hereafter referred to as facilities, under the control of Stephen F. Austin State University. That policy provides that the university may establish additional procedures for the reservation and use of specific facilities; therefore, the following provisions apply to Room 305 and Room 307 in the Austin Building. Because of the formal nature of these rooms, the university wishes to preserve them for important official and universal functions of the university. They will not be available for scheduling by campus groups for routine meetings. Faculty, staff, and student groups are referred to the coordinator of university reservations and conferences in the Pattillo Student Center for scheduling meetings in that facility. These conference rooms will be primarily for the use of the board of regents and the president of the university in their conduct of the governance and administration of the university, as well as for visits of dignitaries and official university guests. Both conference rooms are available to faculty and staff for group meetings hold for the purpose of conducting university business or related activities. Neither room is available for use by student groups. Room 305, Small Conference Room, will accommodate groups of twelve to fifteen people Groups of this size will routinely bo scheduled in 305 unless it is reserved. Room 307, Board of Regents Conference Room, will accommodato groups of 11 to 20 with conference stylo seating, and much larger groups if seating areas around the porimotor of tho room are utilized. This room will not be used for routine meetings and will be scheduled for special university meetings only upon approval by tho president of the university. Because of the formal nature of the room and its furnishings, bi?everages are discouraged and food \s-are prohibited in conference rooms 305 and 307, except as approved by the president or the chair of the board of regents. Reservations for either room may bo made by tolophono or in person with tho oxocutivo assistant to the president (extension 2201; Austin building, Room 315). Source of Authority: President P-12 Appendix 3 Cross Reference: NemPolicy B-l, Use of University Facilities Responsible for Implemention: President Contact for Revision: Executive Assistant to the VrosidontPresident Forms: None P-13 Appendix 3 Budget Change and Additional Appropriation (C-4) Original Implementation: Unpublished Last Revision: January 19, 2006-January 29, 2008 A "Budget Change and Additional Appropriation" form is used to transfer budgeted funds from one budget category to another within an account, from account to account, used to request funds to supplement existing budgets, and may be used to transfer funds between accounts. In addition, the form may be used to request a budget change. If a departmental income account's actual revenue exceeds its revenue estimate, a department may request a budget revision to increase its revenue estimate and expenditure budget. All budget changes in excess of $1,000 require approval of the vice president for finance and administration and the president, and budget changes in excess of $5Q£QQ-$100,000 require approval of the board of regents. The "Budget Change and Additional Appropriation" form must be completed by the originator and approved at appropriate division levels. After division approval, the form will be sent to the budget office. The request will be reviewed, and if appropriate, approved and recorded. If additional information is needed, the originating department will be contacted. Account managers should verify that the transaction has been recorded in the accounting system. Source of Authority: Board of Regents, President, Vice President for Finance and Administration Cross Reference: None Responsible for Implementation: Vice President for Finance and Administration Contact for Revision: Director of Financial Services- Vice President for Finance and Administration Forms: Budget Change and additional Appropriation form (available in Budget Q&*ee)SFASU FormsServer (Budget Add/Change Appropriation) P-14 Appendix 3 Cellular Telephones and Wireless Communication Devices (F-42) Original Implementation: October 30, 2007 Last Revision: Nefte/araary 29, 2008 OVERVIEW The university recognizes that certain positions require the use of a cellular telephone (cell phone) or wireless communication device (including personal digital assistants (PDA's) or smartphones) to conduct official business. This policy provides specific guidelines regarding the use of cell phones and/or wireless communication devices. DEFINITIONS Wireless Communications Device - cellular telephones, pagers, telephone/PDA combinations, and smartphones. For purposes of this policy, laptops and personal computers are not considered wireless communications devices. ELIGIBILITY Each department is responsible for establishing whether a specific employee needs a cell phone or wireless communication device service. Criteria for establishing this need include: 1. Requirement to travel frequently on university business 2. Large amounts of time spent away from the office 3. A need to contact the individual after normal business hours on a frequent basis 4. A need for others to be in constant communication with the individual 5. Safety considerations If an employee meets one or more of these criteria, a department head/director may approve a request to provide either a university cell phone or wireless communication device or a communication allowance through one of the following options. ri. University provided cell phones or wireless communication device: If a department chooses this option, the entire amount of the university provided cell phone or wireless communication device is considered as a taxable fringe benefit to the employee. The employee is not required to document personal or business usage. However, the department may-must require that an employee reimburse the department for calls that exceed the monthly plan amount unless they provide documentation that the excess use is attributed solely to business P-15 Appendix 3 related calls. Departments electing this option must submit a "Cellular Telephone Request and Justification Form" to the assistant director of telecommunications and networking for each employee, as required in policy F-29, Communications Services. The assistant director of telecommunications and networking will communicate the taxable value of the university provided cell phone and wireless communication device to the Payroll Office. 2. Communication Allowance: The department may elect to provide a communication allowance to reimburse the employee for the projected cost of business related charges. The dollar amount of the cell phone allowance should cover the employee's cell phone or wireless device, the estimated business-related calls and a pro-rata portion of the monthly cost of the phone plan. Determination of the dollar amount of the allowance is made at the departmental level, but will be within guidelines and dollar limits established by the assistant director of telecommunications and networking. These levels are defined on the Communication Allowance Request Form. The communication allowance will be paid through payroll and will be considered taxable income. The allowance does not constitute an increase to base pay and will not be included for percentage based pay increases or for retirement (TRS or ORP) calculations. The communication allowance is established by submitting a completed "Communication Allowance Request Form" to the Payroll Office. Departments should also keep a copy of the form on file for each approved allowance. The employee is responsible for communicating the telephone number to the department. The employee may, at his or her own expense, add extra services or equipment features as desired. 3. Intermittent Use of Cell Phones for Business Purposes: Some departments may provide cell phones on an intermittent basis to their employees. Intermittent basis is defined as more than one employee assigned use of the phone during the month. In these instances, NO personal use is permitted. Employees using these cell phones will be responsible for documenting all calls as business related. Employees must submit the documentation (phone logs) to P-16 Appendix 3 the department. Supervisors will be responsible for reviewing the documentation and insuring that employees reimburse the university for any personal calls made inadvertently. Reimbursements must be based on apro-rata share of the monthly phone bill and made within 30 days of receipt of the telephone bills. These phone logs must be retained by the department and will be subject to audit. The controller's office must be notified when employees do not submit proper documentation. In these instances, the employee will be responsible for any tax liability associated with phone usage. 4. Infrequent Use of Cell Phones for Business Purposes: If infrequent business calls are made by an employee who does not receive a communication allowance or university-provided phone, departmental approval can be given to reimburse the employee for business calls that exceed personal wireless plan minutes. Reimbursement of these calls will be made through accounts payable through normal procedures for reimbursement of business related expenses. Appropriate documentation, such as a copy of the wireless plan billing statement and the stated business purpose of the call, should be submitted to support the reimbursement. Any reimbursement of business related calls will not be taxable to the employee. Cross Reference: Communication Services (F-29) Responsible for Implementation: Vice President for Finance and Administration Contact for Revision: Controller, Assistant Director of Telecommunications and Networking Forms: Communications Allowance Request Form, Cellular Telephone Request and Justification Form P-17 Appendix 3 Academic Chair/Director Appointments (E-6A) Original Implementation: May 23, 1979 Last Revision: April 30, 2002January 29, 2008 AcademicDepartment chairs/directors under a twelve-month contract are expected to be on duty each working day except when on vacation, sick leave, or other form of leave. Vacation time and sick leave are earned according to the schedule for state employees. Academic Gchairs/directors are subject to being called upon at any timo when it is judged to be in the best interest of the university to address a task/issue outside the normal working day. AcademicDepavtment chairs/directors under an eleven-month contract are expected to be on duty each working day within that contract period when classes are in session except when on sick leave or other form of leave. In general, the eleven month contract shall be treated as an academic year appointment plus two summer months. It is the responsibility of the department academic chairs/directors to assure that on going departmental academic unit obligations are met in his/hertheir absence. Vacation time is not accrued under an eleven-month appointment. Sick leave is earned according to the schedule for state employees. Chairs/directors under an eleven-month contract are subject to being called upon at any time when it is judged to be in the best interest of the university to address a task/issue outside the normal working day. AcademicDepartmQnt chairs/directors who are appointed for a period of eleven months should have no duties to the university during the equivalent of one calendar month during June, July, and August (twenty-one working days). Vtes-These days may be taken at one time or distributed throughout the summer. In the latter case, it shall amount to twenty ono working days. In any case, the twenty-one days allowed during the summer shall be logged in the departmental academic unit office and approved by the dean^s office prior to the time of taking leave from duties. In general, the eleven month contract shall be treated as an academic year appointment plus two summer months. See also Departmental Administration policy, for details regarding responsibilities, selection and evaluation, and Chair Teaching Load Guidelines policy. Source of Authority: Vice President for Academic Affairs Cross Reference: Departmental Administration, policy E-10A, and Chair Teaching Load, policy E-70A14em Responsible for Implementation: Provost and Vice President for Academic Affairs Contact for Revision: Provost andVice President for Academic Affairs Forms: None P-18 Appendix 3 Compensation Plan for Classified and Non-Classified Staff (E-68) Original Implementation: February 3, 2005 Last Revision: NefteJanwary 29, 2008 Objective: It is the intent of Stephen F. Austin State University to maintain a compensation program which: ■ Considers the external market, while focusing primarily on ensuring internal equity and emphasizing the advantages of a collegial work environment; ■ Rewards and retains those individuals who exceed defined performance expectations; ■ Provides flexibility in implementation and process to meet the needs of the university; ■ Encourages progression and mobility to excellent performers through job enrichment and promotions from within; and ■ Encourages and rewards the acquisition of skills. Compensation Principles: The values of jobs will be based on a blend of SFA values and culture reflected through core factors and external market values. Total compensation for all jobs will take into account funding considerations, appropriate internal job relationships and market relationship. Compensation plans, including methodologies and practices, will be well communicated to all employees at the university. Performance management requires a cooperative effort between employees and supervisors. Employees and supervisors will work together to clarify and meet performance objectives and expectations. The Performance Management Plan will provide ongoing performance feedback and reward meritorious performance. Communicating Pay Information: The human resources office will provide information concerning job classification and pay ranges upon request. Furthermore, as a regular part of their jobs, managers and supervisors are responsible for actively and openly communicating the organization's pay program and associated policies to employees on an ongoing basis. Managers and supervisors should discuss the following areas with new and reclassified employees as they pertain to each individual employee's situation: ■ The job description covering the employee's duties and responsibilities P-19 Appendix 3 ■ The employee's potential for progression within his/her pay range Job performance and its relation to promotional opportunities and pay increases Administrative Responsibility: Department heads are responsible for administering pay for employees in their organizational unit in accordance with university policies, procedures, and guidelines and for making recommendations to the human resources office. Additionally, they are responsible for: ■ Communicating with their employees about program policies and individual compensation issues, to include providing the most current job descriptions to supervisory and managerial personnel; ■ Working with the human resources office on compensation matters, to include the updating of job descriptions as necessary; and ■ Ensuring that salary increase procedures are followed. ■ Issues that are identified by managers and supervisors that are not covered by these guidelines should be referred to the human resources office. The director of human resources has ultimate authority and responsibility for the university's compensation objectives, structures and policies. Any exceptions to, or major revisions in, the program must be approved by the director. The director will be responsible for ensuring these duties are completed: ■ Drafting/recommending new or revised compensation policies and procedures Administering the daily operation of the salary administration function, including the approval of salary actions ■ Preparing, maintaining, and approving job descriptions ■ Monitoring the evaluation of new jobs and re-evaluation of existing jobs Reviewing the pay structure annually to maintain market competitiveness and internal equity Reviewing compliance with the Fair Labor Standards Act (FLSA), Equal Employment Opportunity Commission (EEOC), and other governmental regulations as they relate to the compensation function Appraising program effectiveness and recommending program revisions as necessary Exempt/Non-Exempt Designation: The terms and provisions of the Fair Labor Standards Act (FLSA) provide the basis for exempt versus non-exempt status and overtime pay requirements. The exempt or non-exempt status of each employee, with regard to the payment of overtime, is determined by the position to which the employee has been hired, transferred or promoted. The director of human resources is responsible for determining the correct FLSA status when the job is classified in a pay grade. Each manager must ensure that the employee performs job duties as described in the job P-20 Appendix 3 description and that time worked is reported appropriately to ensure compliance with overtime provisions of the FLSA. Job Descriptions: All benefits-eligible staff positions covered by this compensation program shall have a generic job description that includes the official SFA job title, a general job summary, a list of essential (major) duties and responsibilities, and job requirements (i.e. minimum education, experience, and other qualification requirements that an individual should have to fill the position). The official job title on the job description will be used for all personnel records and publications (For internal purposes, however, departments may use a different functional title.) New official job titles may be created only with the prior review and approval by the director of human resources. Job descriptions are used to: ■ Evaluate and classify jobs to determine appropriate internal position relationships. Communicate to new or existing employees the fundamental duties and responsibilities of their jobs. ■ Provide job information that can be used to determine competitive pay relationships in the labor market. ■ Provide job information which can be used in the recruitment and selection process. ■ Provide job information which can be used in employee relations matters, such as performance appraisal, employee orientation, grievance resolution, and identification of training and development needs. ■ Ensure compliance with government legislation. Changes in the duties of a job may require re-analysis and re-evaluation of a job. Where changes are judged significant by the supervisor and/or manager, he/she should complete a Job Analysis Questionnaire, which can be obtained from the director of human resources. Job Evaluation: The job evaluation method of determining the salary ranges for each position is a market pricing and slotting method. Salary ranges are determined on the basis of competitive pay rates for jobs of comparable duties and value to SFA. Extensive studies of compensation in nationwide competitive universities are made to ensure that our salary structure is competitive. The competitive salary survey data become the basis for calculating salary ranges, and, in turn, individual salary targets within the salary ranges. Benchmark jobs are chosen, priced by analysis of survey data and ranked. All other jobs are then slotted in relation to these benchmarks. Benchmark jobs are those with P-21 Appendix 3 characteristics similar enough to jobs performed in other organizations that they can serve as market anchor points. Requests for Evaluation or Re-Evaluation of Jobs: New and/or significantly revised positions or jobs must be evaluated by the human resources office in order to assign them to their appropriate grades. Requests for jobs to be evaluated or re-evaluated will be made in writing by the appropriate dean or department head to the director of human resources. The re-evaluation process will take place once per year just before the budget process begins. Requests may be prompted by the creation of a proposed new job title or by a substantial and permanent change in duties or requirements of an individual position or in the majority of individual positions within a job title. For a change in duties or requirements to merit re-evaluation, it should meet these criteria: ■ It is a permanent change in duties; not a special project or short-term assignment; ■ The addition, deletion, or change affects a duty that constitutes a significant portion of the job (at least 15%); The duty which is added, deleted, or changed is substantially different in level and type from the balance of the job duties so that it seems reasonable that the change in that one duty would affect the evaluation of the job on one or more job evaluation factors; or ■ The levels of education or experience required for the job noticeably change. These requirements should reflect minimum standards for satisfactory job performance, not an incumbent's qualifications. ■ The steps for submitting and processing a request for evaluation or re-evaluation are as follows: ■ The college or department head completes a "Request for Position Evaluation" form. Additionally, if a new classification is requested, a completed Job Analysis Questionnaire (JAQ) must be submitted with the form. If a re-evaluation of an existing position is requested, a copy of the current job description should be attached with the proposed changes indicated. ■ Human resources may ask that the Job Analysis Questionnaire be completed to provide more complete information to evaluate the position. Pay Grade Structures: SFA uses one combined grade structure to establish compensation limits for jobs. The structure is based on competitive practices and internal equity considerations, and provides the possibility for progression to more responsible jobs with higher and broader pay ranges. The pay structure is intended to: P-22 Appendix 3 Define the competitive pay position of jobs for the university to the relevant external market; ■ Establish differential pay levels between jobs to recognize differing demands; and ■ Establish lower and upper limits of value for each job. Midpoints of the pay ranges represent SFA's desired competitive position to the external market and are determined by a statistical calculation based on external salary survey data for benchmark jobs in each pay grade. The minimum and maximum of each pay range represent the minimum and maximum values, respectively, to the university of all jobs assigned to that particular pay range. In most cases, up to the top of the first quartile is considered the range of value for a newly hired employee who meets the minimum qualifications of the job. Thus, most employees should be hired within the first quartile of the range, but departments have full authority to hire or promote into non-exempt positions up to midpoint. Hiring exempt employees above the first quartile or non-exempt employees above midpoint requires prior approval by the director of human resources. Hiring employees below the minimum of the pay range is contrary to university policy and is not permitted. Conversely, the maximum of the pay range is the upper limit of pay for a job. An employee's rate of pay may not normally exceed the respective maximum for the job. Review of Pay Structures: As part the budget process each year, the director of human resources will review the competitiveness of its pay structures. The review will include (1) comparisons of the competitive status of SFA's midpoints to the relevant external market; (2) a review of anticipated average movement of pay structures by peer and comparison organizations. Based on findings of the review, a recommendation will be prepared for consideration by the director of human resources concerning adjustments to the pay structures. The recommendation will include detailed cost analyses and will be provided to senior management for consideration. Pay Above Maximum: If, for any reason, an incumbent's base pay exceeds the maximum of the grade, the employee's pay will be "red circled". This means that all base pay rate increases will be given in lump sum form until the employee's base pay rate falls within range, at which time the incumbent will be eligible for future increases. Any exception to this policy requires prior approval by the director of human resources. New Hire Rates: Employees meeting the minimum qualifications of the job should normally be paid within the first quartile of the pay range. However, pay rates for new P-23 Appendix 3 employees possessing qualifications in excess of the minimum qualifications may be placed at pay rates above the first quartile, with the appropriate levels of approval. The hiring department has full discretion for placing a new exempt employee's salary rate within the first quartile and a new non-exempt employee's pay up to midpoint. Hiring rates in the second and third quartiles for exempt employees and the third quartile for non-exempt employees require prior approval by the director of human resources. Hiring rates in the fourth quartile may be established only with the approval of the director of human resources. In determining hiring rates, consideration will be given to the resulting position in the pay range, whether the rate allows sufficient room for future growth, and relationships to rates paid to similarly qualified or more experienced employees in the job. External salary survey data will also be considered, if it is available. In establishing new hire rates, SFA will continue to comply with all federal and state rules and regulations, including the Equal Pay Act of 1963, which prohibits pay differentials on jobs that are essentially equal in terms of skill, effort, responsibility and working conditions, except when these are the result of a bona fide seniority or merit system, or any other job-related factor other than gender. Salary Adjustments: Decisions on all salary adjustments must be implemented in accordance with legislative requirements. Department heads are also responsible for insuring compliance with all applicable federal and state rules and regulations regarding compensation. Annual Salary Budget: Each year as part of the budget planning process, SFA will prepare a salary budget that specifies the average increase amount, if any, to be given to employees during the fiscal year. The salary budget will be based on a comparison of the university's pay rates to external salary survey data, as well as the salary budgets projected by other peer and comparison organizations. The salary budget will reflect dollars available to fund general and/or merit increases. Merit Increases: SFA policies permit the awarding of merit increases on a semi-annual basis to be effective either on September 1 and/or March 1. Only benefits-eligible employees who have completed six months of continuous employment at SFA as of the effective date of the merit program are eligible to receive a merit increase. Merit increases are based on an employee's documented job performance and are intended to reward individual performance, increased productivity, improved quality, and/or reduced costs. To be eligible for a merit increase, individuals must have a current performance appraisal with a rating of fully acceptable or above on file in the human P-24 Appendix 3 resources office. Employees receiving an unsatisfactory or needs improvement rating will not be eligible for a merit increase. Whenever a merit increase program is funded and authorized, the human resources office, in conjunction with the budget office, will prepare and distribute detailed guidelines to department heads. The guidelines will include the authorized merit increase amount, funding requirements, performance level required to be eligible to receive a merit increase, and other program criteria. Merit increases must be approved by the board of regents prior to their implementation. Equity Pay Adjustments: The human resources office periodically audits pay rates within classifications to identify potential pay problems. It is also the responsibility of the department head to bring to the attention of the director of human resources any significant pay problems that may exist in their department. A department head may initiate a pay equity adjustment once per year during the planning of the budget whenever he or she determines that the present level of compensation of an employee or group of employees is at a level where: ■ It results in an unusual level of turnover of employees in the group; or, It results in the affected department experiencing significant difficulty in recruiting candidates to fill vacant positions; or, ■ It results in a disparity in current paid rates for similarly classified employees in that unit; or, ■ The level of compensation is substantially below the comparable level of compensation for similar employment outside SFA; and, ■ The present level of compensation has substantially reduced the university's ability to deliver services. Individual equity increases shall be based on one or more of the following: ■ Internal equity ■ External competitiveness ■ Longevity ■ Quartile within salary range All equity pay adjustments are subject to review and approval by the appropriate vice president and the director of human resources. Normally, funds for any approved equity pay adjustment must come from the authorized budget of the affected division. Promotions: When an individual is promoted, his or her pay will normally be adjusted to reflect the new level of responsibility. In isolated situations, when an individual's base P-25 Appendix 3 pay rate is at a higher level than rates paid to incumbents, an individual may be granted a promotion with no change in pay. Any promotional increase should raise the employee's pay rate to at least the minimum of the pay range. Conversely, a promotional increase may not increase the employee's pay rate above the maximum of the new pay range. The hiring department has full discretion for placing the salary rate of an exempt employee within the first quartile and the pay rate of a non-exempt employee up to the midpoint. Recommended promotional increases which fall outside of these parameters are governed by normal university hiring procedures and approval processes. All promotional actions must be reviewed by the director of human resources. In determining recommended promotional increase amounts, the following factors are considered: ■ Rates paid to incumbents in the new position, both within hiring college or division and in other colleges and divisions throughout the university; ■ Pay range for the new position and the difference in the number of pay grades between the old position and the new position; ■ Qualifications of the individual versus qualifications of incumbents in the same job in the college or division; ■ External salary survey data, if it is available; and ■ Change in FLSA designation or overtime designation; i.e., a change from non-exempt job to an exempt job. The affected employee should not be notified of the proposed promotional increase amount until it has been approved by human resources. Position Re-evaluations: Employees whose jobs are re-evaluated to a higher pay grade may require adjustments to their base pay rates. Calculations of pay adjustments, if any, will normally be handled in the same manner as promotions. Any pay adjustment granted should raise an employee's pay to at least the minimum of the new pay range. Re-evaluating a classification to a lower pay grade will not normally result in a reduction to an employee's pay. Nonetheless, a downgrade will require that if the current pay of any employee is above the new maximum, the employee's pay will be "red-circled" and all increases will be withheld until the compensation level is equal to or less than the new maximum. Demotions: New base pay rates of employees who are demoted to jobs assigned to lower pay grades will be based primarily on the base pay rates of incumbents in the new P-26 Appendix 3 classification. A demotion may or may not result in a reduction in the employee's base pay rate. The new pay rate, however, must fall within the pay range of the new job. If the employee's pay falls above the maximum of the new pay range, the employee's pay must be reduced to at least the maximum of the pay range. All demotions require prior approval by the director of human resources. Lateral Reclassifications: Lateral reclassifications occur when job responsibilities have changed, but are similar in scope and responsibilities. The overall job requirements are comparable in the new job with the same pay grade as the old job. Normally, there will be no change to the base pay rate of an employee who is laterally transferred. Under extraordinary circumstances and in extremely rare situations, an employee may receive a salary increase on a lateral move. Any increase granted on a lateral move requires the approval of the director of human resources. Source of Authority: President Cross Reference: None Responsible for Implementation: Vice President for Finance and Administration Contact for Revision: Director of Human Resources Forms: Request for Position Evaluation form; Job Analysis Questionnaire (JAQ) P-27 Appendix 3 Copyrighted Works Reproduction (A-12) Original Implementation: 1979 Last Revision: February 3, 2005 January 29, 2008 The copyright law (17 U.S.C. §§ 101-1332) affects everyone involved in photocopy reproduction and all types of reproduction and/or use of other's works. The following guidelines provide general copyright information useful to the academic community. I. Public Copy Machines All public copy machines or public copy centers on campus must have a warning notice on or near each machine, which states that the responsibility for copyright infringement rests with the user. The use of printed copyright warnings transfers a portion of the responsibility for copyright compliance to the individual user. All employees who assist in making copies must comply with the fair use guidelines below. The law requires public copy machine users to follow these fair use guidelines II. General Fair Use Guidelines 1. Only the following copies may be made from copyrighted works: 2. A single copy of one or more chapters from a book, one or more articles from a periodical title, one or more short stories, essays, short poems, charts, graphs, diagrams, drawings, cartoons, or pictures, provided the amount of copying does not exceed 10% of the entire volume. 3. Copies in excess of this amount may be permissible in some circumstances under fair use. The following factors must be considered: a. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; b. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; c. the nature of the copyrighted work; and d. the effect of the use upon the potential market for or value of the copyrighted work. 4. Refer to 17 U.S.C. 504 (c)(2) within the copyright law. 5. A single copy of an excerpt from a musical work, provided the excerpt is less than 10% of the entire work and is less than a performable unit, such as a section, movement or aria. 6. A single copy of an entire work, provided a copy cannot be obtained at a fair price. P-28 Appendix 3 III. General Guidelines on Public Works Free use of materials not protected by copyright is permitted for public works. The presence or absence of a copyright notice is no longer of significance in determining what is a protected copyright or a public work. Older works published without a notice may be in the public domain, but for works created after March 1, 1989, absence of a notice is non-determinative. The following guidelines may be used to determine what constitutes a public work. 1. Works that lack originality (e.g., phone book) 2. Works in the public domain (no longer protected by copyright) 3. Free ware (must be expressly stated) 4. U.S. Government works 5. Facts 6. Ideas, processes, methods, and systems described in copyrighted work that is not otherwise protected by patents IV. Special Library Guidelines Libraries are authorized to exercise special rights in addition to fair use. These rights are described in Section 108 of the copyright law. They allow copying for archiving lost, stolen, damaged, or deteriorating works, making copies for library patrons, and making copies for other libraries' patrons (interlibrary loan). For works in the last 20 years of protection and not available at a reasonable price, more generous copying than indicated below may be performed provided the purpose of the copying is to support preservation, scholarship or research. 1. Copies made by library staff for patrons generally a. All of the general fair use requirements listed above apply for patron copying. b. Only single copies, and no multiple copies, will be made. c. Copy requests exceeding these limitations must be refused. 2. Copies made by library staff for reserve and for a faculty member's classroom use a. All of the general fair use requirements listed above apply for single or multiple copies. b. Multiple copying may not exceed one copy per student, and may not be repeated with respect to the same item by the same instructor from term to term. c. Copy requests exceeding these limitations must be refused. 3. Copies made by library staff for purposes of collection maintenance P-29 Appendix 3 A published work may be duplicated to replace a copy that is damaged, deteriorating, lost or stolen, provided that after a reasonable effort the library has determined that an unused replacement cannot be obtained at a fair price. An unpublished work may be duplicated for purposes of preservation or security or for deposit for research use in another library. 4. Interlibrary loan copying The library may annually acquire, through interlibrary loan, up to five copies of articles published in any title within the last five years. If a request exceeds the five articles permitted, the Access Services Interlibrary Loan/Document Delivery Services Department will apprise the patron of other options. 5. Digitizing other's works in electronic reserves a. Limit reserve materials to single articles or chapters; several charts, graphs or illustrations; or other small parts of a work 1. small part of materials required for the course 2. copies of material a faculty member or the library already possesses legally (i.e., by purchase, license, fair use, interlibrary loan, etc.) b. Include 1. any copyright notice on the original 2. appropriate citations and attributions to the source 3. a Section 108(f) (1) notice indicating that making a copy may be subject to copyright law. c. Limit access to students enrolled in the class and administrative staff as needed. Terminate access at end of class term. d. Obtain permission for repeated use of materials by the same instructor for the same class. Sections IV is concerned with copying that can be legally done without obtaining the copyright owner's permission. The library may not make copies in excess of the limits stated in the above sections without the permission of the copyright owner. It is the user's responsibility to obtain permission of the owner when such permission is needed. It is suggested that in requesting permission, the user state the purpose for the copying and the number of copies being requested. When the user presents evidence of the owner's permission, the library may copy within the limits of the permission statement. V. Guidelines for Coursepacks The General Fair Use Guidelines are applicable to coursepacks. Copyright notices, appropriate citations and attributions should be included. The faculty/staff member who compiles the coursepack materials shall be responsible for P-30 Appendix 3 complying with these guidelines. Permission must be obtained for materials that will be repeatedly used by the same instructor for the same class. Using a commercial copy shop does not necessarily relieve the coursepack creator of liability, unless the above guidelines are followed or the copy shop pays appropriate royalties. Campus copy centers are not permitted to copy coursepacks, unless these guidelines are followed. VI. Computer Software Only explicitly stated freeware, not shareware or other licensed software, is allowed to be freely used without a license. Appropriate licenses must be obtained for all other software use. The software user is responsible for reading and complying with all "shrink wrapped" or other license agreements. Other university computer use policies shall also apply. VII. Guidelines for Music The university maintains some general licenses for copyrighted music use with BMI and ASCAP for specific use areas (e.g., College of Fine Arts, Student Activities, etc.). Beyond those areas, use of music must be licensed or specific permission obtained. General guidelines for copying music are outlined below. 1. Limit copying as follows: a. sheet music, entire works: only for performances and only in emergencies b. sheet music, performable units (movements, sections, arias, etc.); only if out of print c. student performances, record only for teacher or institutional evaluation or student's portfolio d. sound recordings: one copy for classroom or reserve room use 2. Include a. any copyright notice on the original b. appropriate citations and attributions to the source c. a Section 108(f)(l) notice that making a copy may be subject to copyright law 3. Replace emergency copies with purchased originals if available VIII. Performances and Displays in Face-to-Face Teaching and Broadcasts Educational institutions and governmental agencies are authorized to publicly display and perform others' works in the course of face-to-face teaching activities, and to a limited degree, in broadcasts where there is a delayed transmission of faculty instruction. These rights are described in Sections 110(1) and (2) of the copyright law. IX. Performances and Displays in Distance Learning Sections 110 (1) and (2) of the copyright law outlined in section VIII of this policy may not cover fair use of the performance of others' works in online course P-31 Appendix 3 materials. The guidelines below incorporate these basic rules: small parts, limited times, and limited access are the keys to fair use. 1. Incorporate performances of others' works a. sparingly b. only if a faculty member or the institution possesses a legal copy of the work 2. Include a. any copyrighted notice on the original b. appropriate citations and attributions to the source c. a Section 108(f)(l) notice that making a copy may be subject to copyright law 3. Limit access to students enrolled in the class and administrative staff as needed. Terminate access at the end of the class term. 4. Obtain permission for materials that will be used repeatedly by the same instructor for the same class. X. Digitizing and Using Images for Educational Purposes First and foremost, if an image is readily available online or for sale or license at a fair price, point to, purchase, or license the image. If an image is not readily available online or for sale or license at a fair price, digitize and use the image in accordance with the following limitations: 1. Limit access to all images except "thumbnails" to students enrolled in the class and administrative staff as needed. Terminate access at the end of class term 2. "Thumbnails" are visual identification tools of a size and quality that makes them commercially useless. Since thumbnails are of no commercial value, fair use would permit their use without restriction. 3. Faculty members may also use these images at peer conferences. 4. Students may download, transmit and print out these images for personal study and for use in the preparation of academic course assignments and other requirements for degrees, may publicly display images in works prepared for course assignments, etc., and may keep works containing images in their portfolios. 5. Periodically review digital availability. If a previously unavailable image becomes available online or for sale or license at a fair price, point to or acquire it. XI. Digitizing and Using Other's Works in Multimedia Materials For Educational Purposes The CONFU Fair Use Guidelines for Educational Multimedia suggest that fair use requires adherence to specific numerical portion limits, that copies of the multimedia work that includes the works of others should be strictly controlled, P-32 Appendix 3 and that fair use "expires" after 2 years. The following general guidelines acknowledge that these are important considerations, but that the CONFU numerical limits do not constitute the outer limits of fair use. The guidelines below allow for the creation of unique works within the limitations provided, but not to make multiple copies and give them out. (Multimedia works which include the use of other's works and will be licensed, distributed or sold, must obtain appropriate permission from each applicable copyright holder.) 1. Students, faculty and staff may a. incorporate other's works into a multimedia work b. display and perform a multimedia work in connection with or creation of 1. class assignments 2. curriculum materials 3. remote instruction 4. examinations 5. student portfolios 6. professional symposia 2. Be conservative. Use only small amounts of other's works. 3. Provide appropriate acknowledgments to the work of others. 4. Do not make any unnecessary copies of the multimedia work. XII. Permission In all circumstances other than the specific fair use guidelines described above, permission must be obtained from the copyright holder. Advance planning is important to purchase, license or otherwise obtain appropriate permission for use of copyrighted material. XIII. Personal Liability Personal liability for copyright infringement can be created for willful acts. This policy has been formulated to provide specific guidance on the variety of circumstances where fair use is permissible. The copyright law provides a good faith fair use defense [17 USC 504 (c)(2)]. It applies only if the person who copied material reasonably believed that what he or she did was fair use. Adherence to this policy will help protect the SFA academic community from potential copyright liability. Recent federal legislation entitled the No Electronic Theft (NET) Act creates criminal penalties for non-commercial copyright infringement of a sufficient dollar value. The academic community must be aware that distribution of pirated computer software or other copyrighted material on computer bulletin boards or other methods of distribution may constitute a federal crime, regardless of P-33 Appendix 3 whether or not the infringer receives any financial gain. The Digital Millennium Copyright Act (DMCA) limits university liability as an internet service provider for certain copyright infringements created on-line. The university's registered agent for on-line copyright infringement complaints shall be the general counsel. The DMCA establishes procedures whereby, upon receipt of proper complaints, the University will block access to or take down allegedly infringing material and notify the web page owner of the complaint. The alleged infringer may issue a counter-notice, which includes a signature, description of removed material, explanation why the material did not infringe any copyright, and their name, address and phone number, with a consent to the jurisdiction of the court to be sued. Upon receipt of this counter-notice, the university shall re-post the material. Repeat infringers will be subject to termination of internet service by the university. See university policies, Computer and Network Security (D-8.1) and Digital Millennium Copyright Policy (D-42&2.) Further information can be obtained by accessing the webpage of the U.S. Copyright Office within the Library of Congress at: http://www. lcweb.loc.gov/copyright.govk You may also contact the university's general counsel with specific inquiries. Source of Authority Cross Reference: 17 U.S.C. Section 101 et seq.?; NET Act Pub.L.No. 105-147- Digital Millenium Copyright Act, Pub.L.No. 105-304, 112 Stat. 2860, 2905 (October 28, 1998)- CONFU Guidelines, Vice President for Academic Affairs University Policies, Computer and Network Security D-8.1, and Digital Millennium Copyright Policy D-42 Cross Ref crcnceResponsible for Implementation: University Policies, Computer and Network Security D 8.1, and Digital Millennium Copyright Policy D A2Provost/Vice President for Academic Affairs Contact for Revision: Director of University Libraries, General Counsel Forms: None P-34 Appendix 3 Effort Reporting and Certification for Sponsored Activities (A-68) NEW Original Implementation: January 29, 2008 Last Revision: None This policy establishes requirements for recording and reporting employee effort to comply with federal and state laws and regulations [Office of Management and Budget Circular A-21 and Texas Uniform Grant Management Standards II (B)(l l)(h)(l-5, 7)]. Effort reporting is a process that uses after-the-fact activity records to certify that only allowable payroll expenses are charged to or contributed (cost-shared or matched) to grants, contracts, and other sponsored agreements, and that effort commitments to sponsored agreements are met as specified in the agreement. A. Effort reports are required for faculty and staff who devote effort (paid or cost-shared) to one or more sponsored agreements that are funded by state or federal sponsors. B. Effort is defined as the amount of time spent on a particular activity and is not based on a traditional 40-hour work week. The total effort associated with institutional base salary is defined as 100% effort. This includes instruction, departmental administration, departmental research, sponsored projects, and other activities. Effort expended for extra compensation, such as salary supplements, stipends, or additional compensation as defined in SFA Policy E-9, or for work not compensated by the university is not included in effort calculations. C. Effort reports should reasonably reflect the activities for which employees are compensated by the institution. However, in the use of any methods for apportioning salaries, it is recognized that, in an academic setting, teaching, research, service, and administration are often inextricably intermingled. Therefore, a precise assessment of factors that contribute to costs is not always feasible, nor is it expected. Reliance, therefore, is placed on estimates in which a degree of tolerance is appropriate [OMB A-21, J.10.b.(l).(c)]. D. Tolerance is defined by the university as +/- five percent (5%) of the committed effort. Effort certification report adjustments may be required when: 1) certified effort does not match salary expenditures within the tolerance limit for the time period covered by the report; 2) there are payroll cost transfers; or 3) revised PARs are generated. E. Project directors (PDs) or principal investigators (Pis) are responsible for ensuring that effort certification reports are completed accurately and in a timely manner P-35 Appendix 3 for each individual subject to this policy and paid and or cost-shared from a grant, contract, or other state/federal sponsored agreement for which they serve as PD/PI. To confirm that the distribution of activity represents a reasonable estimate of the work performed by the employee during the period, reports will be signed by the employee, PD/PI, or other responsible person with suitable means of verification that the work was performed [OMB A-21, J.10.c.(2).(c)]. F. Effort certification reports are generated for individuals by payroll when any portion of a salary is paid or cost-shared in a reporting period from state of Texas and/or federally sponsored accounts. Completed forms are returned to the controller's office for review, filing, and retention. G. Effort attributed to any state/federal sponsored agreement (grant, contract, or cooperative agreement) must represent work specific to the agreement. Intentional falsification, forgery, or fraudulent alteration of effort certification reports constitutes fraud. Criminal and/or employee discipline measures may be pursued. Detailed procedures for effort reporting and certification; information on training; timelines for distribution, completion, and submission of effort reports; for modifications to salary charges based on variances between the estimated and actual effort; and for correction of effort reports are outlined in the Technical Assistance Manual published by the Office of Research and Sponsored Programs (ORSP). Cross Reference: ORSP Technical Assistance Manual; Office of Management and Budget Circular A-21; Texas Uniform Grant Management Standards II (B)(l l)(h)(l-5, 7); SFA Policy E-9, Salary Supplements, Stipends and Additional Compensation.. Responsible for Implementation: Provost and Vice President for Academic Affairs Contact for Revision: Director, Office of Research and Sponsored Programs; Controller Forms: Effort Certification Reports for Faculty and Salaried Employees P-36 Appendix 3 Employee Recruitment Plan (E-69) Original Implementation: February 3, 2005 Last Revision: NemJanuary 29, 2008 Stephen F. Austin State University's recruitment plan has been developed in accordance with principles designed to assure equal access to employment opportunities. These principles outline the intent and goals of the university's plan. Equal opportunity is the law of the land. In the public sector of our society this means that all persons, regardless of race, color, religion, sex, national origin, age or disability shall have equal access to positions in public service limited only by their ability to do the job. Vigorous enforcement of the laws against discrimination is essential. Equally important are affirmative, voluntary efforts to assure that positions in the public service are genuinely and equally accessible to qualified persons, without regard to their sex, racial or ethnic characteristics. Stephen F. Austin State University is committed to equal employment opportunities and strongly feels that increasing diversity should be a significant part of the hiring process. Employment discrimination and retaliation on the basis of race, color, national origin, sex, religion, age, mental or physical disability, shall be strictly prohibited. It is the policy of the university to comply fully with all state and federal laws prohibiting employment discrimination and relevant court decisions interpreting those laws as it implements its recruitment plan. The Texas Commission on Human Rights Act now codified in Chapter 461 of the Texas Government Code and Chapter 21 of the Texas Labor Code, passed the 68th Texas Legislature in Special Session, was signed into law July 7, 1983, and went into effect on September 1, \983on June 26, 1983. Section 21.001 of the Texas Labor Code, includes the following general purpose of securing for Texans, including persons with disabilities, freedom from discrimination in certain employment transactions, in order to protect their personal dignity. In keeping with the spirit of this general purpose of the Act, Stephen F. Austin State University affirms the following. It shall be the public policy of Stephen F. Austin State University not to discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, and age or disability status. Further, the university shall take all P-37 Appendix 3 necessary steps to ensure the employment and promotion of otherwise qualified classes who may be underrepresented in the agency's workforce. The university is committed to the principles of equal employment opportunity law and the spirit of equal access. Therefore, a written plan has been prepared to ensure that Stephen F. Austin State University's recruitment plan shall be properly implemented and no artificial barriers shall be intentionally or otherwise created to deny applicants or employees of the university's equal employment opportunities. The plan document is available in the human resources office for review by university employees, applicants, and to the general public on request. The Plan document is also available on the University's Internet Website: http://\\nv\rw.sfasu.edu/personnel/. PROGRAM RESPONSIBILITIES Being a results-oriented program, Stephen F. Austin State University's recruitment plan shall have the support of the president, board of regents, and other management or supervisory personnel. Therefore, specific responsibilities shall be assigned and delegated to university management personnel to ensure that the necessary authority is available to implement the provisions of the plan. The president shall have ongoing responsibility for establishing recruitment policies and monitoring the implementation of the recruitment plan through periodic program reports. Further, the president shall review annually for purposes of revision or modification the recruitment plan, workforce analysis, and personnel policy and procedural systems including, but not limited to, recruitment, selection, promotions, job descriptions, classifications, compensation, discipline, or other terms and conditions affecting the equal employment opportunities of applicants or employees because of race, color, national origin, religion, sex, age or disability status. The director of human resources shall be designated as the recruitment/affirmative action officer for the university with the authority for administering the recruitment plan. It shall be the responsibility of the director of human resources to ensure that compliance with the university's recruitment/affirmation action policies are implemented in an efficient and effective manner. The director of human resources shall provide periodic progress reports to the president outlining recruitment plan accomplishments and provide the necessary information required by the president for purposes of the plan's annual review. Specific procedures for the recruitment of faculty and staff can be found on the human resources website: http://www.sfasu.edu/personnel/ http://www2.sfasu. edu/versonnel/employment, html P-38 Appendix 3 PROGRAM GOALS 1. To ensure objectivity, consistency, uniformity and job relatedness through design and implementation of appropriate personnel policy and procedural systems that affects the equal employment opportunities of the university's employees and applicants for employment. 2. To ensure objectivity, consistency, uniformity and job relatedness through design and implementation of appropriate personnel policy and procedural systems that affects the equal employment opportunities of the university's employees and applicants for employment. MONITORING THE RECRUITMENT PLAN ACHIEVEMENT The director of human resources shall be responsible for administering Stephen F. Austin State University's recruitment plan and providing regular reports to the president. Utilizing such reports, the president shall monitor the implementation of the plan and identify any revisions necessary to assure effectiveness of the recruitment plan. Such reports may include the following: ■ Annual Recruitment Plan/EEO Progress Report: This narrative report shall include an itemized summary of the program's achievements, progress and underutilization with accompanying recommendations. ■ Annual Workforce Availability Analysis: The workforce availability analysis compares percentages of Caucasian Americans, African Americans, Hispanic Americans, females, and males within the statewide civilian workforce, by job category, to the percentages of Caucasian Americans, African Americans, Hispanic Americans, females, and males to the university's workforce and is to be prepared annually by the director of human resources. The director of human resources shall review new hire and workforce detail, as prescribed in Section 21.552 of the Texas Labor Code, to compile the legislative required Equal Employment Opportunity report. This report, along with the EEO-4 report comparing EEO and job categories, will provide a racial, ethnic, and gender profile of university personnel by job categories. These workforce profiles shall be compared to the available African Americans, Hispanic Americans, and females in the statewide civilian labor force to determine the exclusion or underutilization by each job category, as mandated by Section 21.501 of the Texas Labor Code. Any underutilization shall be noted and strategies for recruitment of qualified African Americans, Hispanic Americans, and females will be recommended to the president. ■ Position Statistics Report: HR shall maintain data which lists applicants by protected class and referral source used. The Position Statistics report will indicate P-39 Appendix 3 class representation of the university's applicant pool and if any measures need to be taken to include new referral sources. Universitv EEO Report: The human resources director shall maintain a report showing the university structure with employees by EEO job category to monitor the representation of classes within the university's labor force. Source of Authority: President Cross Reference: Affirmative Action Policy E-4 Responsible for Implementation: Vice President for Finance and Administration Contact for Revision: Director of Human Resources Forms: None P-40 Appendix 3 Faculty Development Leaves (E-23A) Original Implementation: April 26, 1983 Last Revision: July 17, 200Uanuary 29, 2008 Traditionally, a respected and successful means of enhancing instruction and research in colleges and universities is the faculty developmental leave for additional study or for research and writing. In recognition of the importance of such a program, the Texas Legislature in 1967 adopted legislation permitting such leaves for qualified persons and set forth guidelines for the awarding of them. The policy and procedures set forth herein by the board of regents stipulate the conditions under which such leaves may be granted to members of the Stephen F. Austin State University (SFASU) faculty. 1. This policy applies to full-time tenured or tenure track faculty or staff whose duties include teaching, research, administration, or the performance of professional services. The definition includes professional librarians but not classified employees. 2. ArfFaculty members shall be eligible by reason of service for a developmental leave at such time as he/she hasthey have served full time for at least three consecutive years, except for special circumstances, at Stephen F. Austin State \]mvsx$\\ySFASU in an academic position as defined above. 3. Not more than six percent of SFASU the-faculty members of Stephen F. Austin State University may be on faculty developmental leave at any one time. 4. Upon application by et-an eligible faculty member, the board of regents may grant a developmental leave of absence for field observations, research, study, writing, or other suitable purposescholarly/creative activities., provided that the applicant is eligible by reason of service, that the purpose for which he/she seeks the leave is one for which such a leave may be granted, and that the granting of the leave will not result in there being awarded a number of such leaves in excess of the limit imposed by law. 5. Applications for faculty developmental leaves shall be reviewed annually by the Faculty Development Leave Committee, which shall be elected by the faculty. The committee shall consist of eigh^elected, full-time faculty members, one from each academic college and one from the library. The term of election shall be for two years. Terms shall be staggered. The college <©ean shall appoint an appropriate substitute in situations when the elected member cannot serve. The committee shall determine the required format of applications and shall evaluate them. It shall make recommendations to the provost and vice president for academic affairs and the president for further recommendation to the board of regents. 6. An applicant for a developmental leave must provide adequate evidence that the leave activity can be appropriately completed. Such evidence may be (1) acceptance for admission to another institution of higher education for additional study or (2) assurance of accessibility to research materials. 7. A faculty developmental leave may be awarded for one long semester at full base salary or for two long semesters at half the base salary, half academic year at full P-41 Appendix 3 salary or for a full academic year at one half salary. Payment of salary may be made from the funds appropriated by the legislature specifically for that purpose, or from such other funds as might be available to the institution
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Title | Minutes of the Board of Regents of Stephen F. Austin State University. 2008, Volume No. 241 |
Subject |
Meetings Universities & colleges Stephen F. Austin State University |
Description | January 28 and 29, 2008, Volume No. 241 |
Date | 2008-01-28 |
Contributors | Ms. Valerie Ertz, Chair Mr. Carlos Amaral Mr. Richard Boyer Mr. James Dickerson Mr. Bob Garrett Mr. Joe Max Green Mr. Paul Pond Mr. James Thompson Ms. Stephanie Tracy Mr. Melvin White Dr. Baker Pattillo Dr. Richard Berry Mr. Danny Gallant Mr. Steve Westbrook Ms. Yvette Clark |
Repository | East Texas Research Center |
Associated Dates | 2000-2009 |
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 January 28 and 29, 2008 Volume 241 TABLE OF CONTENTS BOARD MINUTES FOR JANUARY 28-29, 2008 Page Monday, January 28,2008 Executive Session Only. No action Items. Tuesday, January 29, 2008 Board Order 08-08 Approval of October 29 and 30, 2007 Board Minutes 3 Board Order 08-09 Approval of December 14, 2007 Board Minutes 3 Board Order 08-10 Approval of Personnel Items 3 • Faculty Appointments for 2007-2008 3 . Staff Appointments for 2007-2008 4 . Changes of Status for 2007-2008 6 • Retirements 8 • Faculty Leave of Absence With Pay 9 Board Order 08-11 Approval of Academic and Student Affairs Items 9 • Authorization for Master of Science Degree in Human Sciences 9 • Proposal to Offer a Bachelor of Arts Degree with a Major in Information Technology 9 • Request Name Change for Department of Political Science, Public Administration and Geography to Department of Government 10 • Request Name Change for Gerald W. Schlief Department of Accounting to Gerald W. Schlief School of Accountancy 10 • Approval of Stephen F. Austin State University Charter School Board 11 • Approval of Agreement between Stephen F. Austin State University, Stone Fort Museum and Friends of the Stone Fort Museum 12 Board Order 08-12 Approval of Building and Grounds Items 12 • Purchase of Herrington Property at 318 E. Starr 12 • Selection of WHR Architects as Architect Firm for the DeWitt School of Nursing Facility 13 • Approval of Chireno Mineral Lease to Samson Lone Star LP 13 . HVAC Repair-Steen Hall (17) 13 Board Order 08-13 Approval of Financial Affairs Items Increase in Education Research Center Project Budget 14 • Resolution to Approve Qualified Financial Institutions and Investment Brokers 14 Resolution to Acknowledge Review of Investment Policy and Strategy 14 • Approval of Fiscal Year 2006-07 Annual Financial Report 15 Board Order 08-14 Adoption of Policy Revisions 15 Reports 15 President Audit Services Report Faculty Senate Student Government Association Appointment of Board Nominating Committee 16 Appendices Appendix 1 .A - Resolution to Approve Qualified Financial Institutions and Investment Brokers Appendix 1 .B - Resolution to Acknowledge Review of Investment Policy and Strategy Appendix 2 - Agreement between Stephen F. Austin State University, Stone Fort Museum and Friends of the Stone Fort Museum Appendix 3 - Policy Revisions Academic Appeals by Students (A-2) Academic Integrity (A-9.1) Academic Space for Non-Academic Activities (B-2) Alcohol/Drug Free Workplace (E-5) Austin Building Conference Rooms (B-3) Budget Change and Additional Appropriation (C-4) Cellular Telephones and Wireless Communication Devices (F-42) Chair Appointments (E-6A) Compensation Plan for Classified and Non-Classified Staff (E-68) Copyrighted Works Reproduction (A-12) Effort Reporting and Certification for Sponsored Activities (A-68) Employee Recruitment Plan (E-69) Faculty Development Leaves (E-23 A) Faculty Search (E-24A) Fair Labor Standards (E-70) Hiring of Non-Academic Personnel (E-27N) Illicit Drugs and Alcohol Abuse (D-19) Interdepartmental Transfer (C-19) Investments (C-41) Investments-Endowment Funds (C-4 LA) Out-of-State Electronic Fee (C-52) Part-time Faculty (E-37A) Procurement Card (C-44) Prompt Payment (C-25.1) Proprietary Purchases (C-26) Purchase of Surplus Property (C-28) Safe and Vault Combinations (D-29) Salary Supplements, Stipends and Additional Compensation (E-9) Selection of Academic Deans (E-59) Semester Grades (A-54) Student Service Fee Allocations (F-28) Student Travel (D-48) University Award Programs (A-66) Working Hours and Holidays (D-40) Stephen F. Austin State University Minutes of the Meeting of the Board of Regents Nacogdoches, Texas January 28 and 29,2008 Austin Building 307 Monday, January 28, 2008 The regular meeting of the Board of Regents was called to order at 8:00 a.m., Monday, January 28, 2008, by Chair Valerie Ertz. PRESENT: Board Members: President: Vice-Presidents: Ms. Valerie Ertz, Chair Mr. Carlos Amaral Mr. Richard Boyer Mr. James Dickerson Mr. Bob Garrett Mr. Joe Max Green Mr. Paul Pond Mr. James Thompson Ms. Stephanie Tracy Mr. Melvin White Dr. Baker Pattillo Dr. Richard Berry Mr. Danny Gallant Mr. Steve Westbrook General Counsel: Ms. Yvette Clark Other SFA administrators, staff, and visitors The Building and Grounds Committee convened at 8:00 a.m. and adjourned at 10:15 a.m. The Finance/Audit Committee convened at 10:20 a.m. and adjourned at 11:05 a.m. The Academic and Student Affairs Committee convened at 11:16 a.m. and adjourned at 12:40 p.m. Following the lunch recess, the board of regents reconvened at 1:50 p.m. in open session; the chair called for an immediate executive session to consider the following items: -1- Real Estate Deliberations Regarding the Purchase, Exchange, Lease, Sale or Value of Real Property, including possible action on real estate purchases (action to be taken in open session) (Texas Government Code, Section 551.072) Personnel Matters Regarding Specific University Employees Consideration of Individual Personnel Matters Relating to Appointment, Employment, Evaluation, Assignment, Duties, Discipline, or Dismissal of an Officer or Employee, including but not limited to football coaches, executive director of alumni association, vice presidents, and the president, including possible action in naming the provost/vice president for academic affairs (action to be taken in open session) (Texas Government Code, Section 551.074) Gifts and Donations Deliberations Regarding Negotiated Contracts for Prospective Gifts or Donations (Texas Government Code, Section 551.073) The executive session ended at 6:20 p.m. and the board recessed for the day, with no further action. Tuesday, January 29,2008 The chair reconvened the board meeting into open session at 9:05 a.m. on Tuesday, January 29, 2008. PRESENT: Board Members: President: Vice-Presidents: General Counsel: Ms. Valerie Ertz, Chair Mr. Carlos Amaral Mr. Richard Boyer Mr. James Dickerson Mr. Bob Garrett Mr. Joe Max Green Mr. Paul Pond Mr. James Thompson Ms. Stephanie Tracy Mr. Melvin White Dr. Baker Pattillo Dr. Richard Berry Mr. Danny Gallant Mr. Steve Westbrook Ms. Yvette Clark -2- Other SFA administrators, staff, and visitors The chair welcomed guests to the board meeting and called upon Regent Boyer to lead the pledge to the flags. Student Regent Tracy provided the invocation. Athletic Director Robert Hill introduced the Ladyjack Soccer Team, which this season won their fifth Southland Conference title, also winning the Southland Conference Tournament and advancing to the NCAA Championships. He also introduced the Ladyjack Volleyball Team, which won their fourth Southland Conference title in 2007. Dr. Ric Berry introduced the theatre exchange students from Rose Bruford College in England. Mr. Steve Westbrook introduced Dr. Adam Peck, who is joining the SFA staff as the Dean of Student Affairs. Dr. Baker Pattillo introduced Rick Travis and Greg Owens, visitors from the Legislative Budget Board, on campus to tour facilities and meet university faculty and staff. The board chair recognized Ms. Terry Lehmann, parent of a student athlete, who made a presentation concerning her support of the baseball program and the proposed baseball/softball park. APPROVAL OF MINUTES Board Order 08-08 Upon motion by Regent Garrett, seconded by Regent White, with all members voting aye, it was ordered that the minutes of the October 29 and 30, 2007 board meeting be approved. Board Order 08-09 Upon motion by Regent Garrett, seconded by Regent Boyer, with all members voting aye, it was ordered that the minutes of the December 14, 2007 telephone board meeting be approved. PERSONNEL Board Order 08-10 Upon motion by Regent Amaral, seconded by Regent Green, with all members voting aye, it was ordered that the following personnel items be approved: FACULTY APPOINTMENTS FOR 2007 - 2008 Academic Affairs Dr. Richard Berry, Provost and Vice President for Academic Affairs, at a salary of $160,000 for twelve months, effective January 30, 2008. -3- Forestry and Agriculture Jeffrey Adkins. Professor of Agriculture, Ph.D. (North Carolina State University), at a salary of $51,500 for 100 percent time for nine months, effective January 2, 2008. Liberal and Applied Arts Ryan Andrew Rhodes, Lecturer of English and Philosophy, M.A. (University of Oklahoma), at a salary of $36,000 for 100 percent time for nine months, effective October 15, 2007. Radhika N. Makecha, Assistant Professor of Psychology, M.A. (University of Southern Mississippi), at a salary of $46,000 for 100 percent time for nine months, effective September 1, 2008. Dawson Schultz, Visiting Assistant Professor of English and Philosophy, Ph.D. (Vanderbilt University) at a salary of $21,500 for 100 percent time for four and one half months, effective January 10, 2008. Andrew M. Terranova, Assistant Professor of Psychology, Ph.D. (University of New Orleans), at a salary of $46,000 for 100 percent time for nine months, effective September 1, 2008. Lisa D. Topp, Assistant Professor of Psychology, Ph.D. (University of Texas), at a salary of $46,000 for 100 percent time for nine months, effective September 1, 2008. Sciences and Mathematics Cally M. Claussen, Clinical Instructor of Nursing, AND (Angelina College), at a salary of $49,000 for 100 percent time for nine months, effective January 15, 2008. STAFF APPOINTMENTS FOR 2007 - 2008 Athletics Shannon Dawson, Assistant Football Coach, at a salary of $64,000 for 100% time for 10.5 months, effective January 7, 2008. Aaron DeLaTorre. Assistant Football Coach, at a salary of $24,000 for 100% time for 10.5 months, effective February 1, 2008. David Gibbs. Assistant Football Coach, at a salary of $64,000 for 100% time for 10.5 months, effective January 7, 2008. -4- James C. Harper. Head Football Coach, at a salary of $117,426 for 100% time for 12 months, effective February 1, 2008. Kristopher Kocurek. Assistant Football Coach, at a salary of $54,000 for 100% time for 10.5 months, effective January 7, 2008. Eric Lokev, Assistant Football Coach, at a salary of $38,000 for 100% time for 10.5 months, effective January 7, 2008. Brian McNutt Assistant Football Coach, at a salary of $24,000 for 100% time for 10.5 months, effective February 1, 2008. Brandon North, Assistant Football Coach, at a salary of $24,000 for 100% time for 10.5 months, effective February 1, 2008. Arlington Nunn, Assistant Head Football Coach, at a salary of $60,237 for 100% time for 10.5 months, effective February 1, 2008. Todd Schonhar, Assistant Football Coach, at a salary of $54,000 for 100% time for 10.5 months, effective February 1, 2008. Harold Christopher Truax, Assistant Football Coach, at a salary of $60,000 for 100% time for 10.5 months, effective February 1, 2008. Education Jo L. Corley, Certification Officer/PBIC Coordinator, at a salary of $45,000 for 100 percent time for 12 months, effective January 3, 2008. Audrea L. Vanscoder, Teacher in Early Childhood Lab, at a salary of $30,000 for 100 percent time for 12 months, effective November 12, 2007. Karen Woods, Certification Specialist/Advisor, at a salary of $35,000 for 100 percent time for 12 months, effective November 26, 2007. Information Technology Services William Wayne DuBose, Programmer Analyst I, at a salary of $32,000 for 100 percent time for 12 months, effective January 14, 2008. Stephen R. McGee, Systems Programmer I, at a salary of $40,000 for 100 percent time for 12 months, effective January 21, 2008. -5- Library Andrew Jonathan Davis, Director AARC Program, at a salary of $40,000 for 100 percent time for 12 months, effective January 14, 2008. Rhonda Williams, Coordinator of Digital Projects Educator, at a salary of $40,000 for 100 percent time for 12 months, effective July 1, 2008. Physical Plant Mark A. Williams, Coordinator of Building Services, at a salary of $30,000 for 100 percent time for 12 months, effective November 12, 2007. Student Affairs Adam Peck, Dean of Student Affairs, at a salary of $90,000 for 100 percent time for 12 months, effective January 7, 2008. University Affairs Brady Michael Condit, Technology Specialist, at a salary of $29,000 for 100 percent time for 12 months, effective November 12, 2007 CHANGES OF STATUS FOR 2007 - 2008 Admissions Lynsey C. Cortines, from Administrative Assistant in Teacher Certification at a salary of $27,641 for 100 percent time for 12 months, to Admissions Counselor at a salary of $30,160 for 100 percent time for 12 months, effective October 15, 2007. Business Treba A. Marsh, from Professor and Chair of Accounting at a salary of $110,813 for 100 percent time for 12 months, to Professor and Chair of Accounting, with additional salary due to Temple-Inland Employees Distinguished Professorship, at a salary of $117,000 for 100 percent time for 12 months, effective December 1, 2007. Education Belinda Vanglahn, from Coordinator of Transfer Articulation at a salary of $28,923 for 100 percent time for 12 months, to Academic Advisor at a salary of $35,000 for 100 percent time for 12 months, effective October 15, 2007. -6- Finance and Administration Kathleen H. Williamson, from Accountant III at a salary of $52,000 for 100 percent time for 12 months, to Construction/Program Manager at a salary of $60,000 for 100 percent time for 12 months, effective November 1, 2007. Forestry and Agriculture Marc A. Nolan, from Graduate Assistant at a salary of $4,100 for 100 percent time for four months, to Interim Supervisor of Beef Farm at a salary of $37,671 for 100 percent time for 12 months, effective October 15, 2007. Housing Sarah L. Hardy, from Manager of Housing Systems at a salary of $41,278 for 100 percent time for 12 months, to Manager of Housing Systems with additional duties during vacancy of Manager of Housing Administration position, at a salary of $41,278 with an additional salary supplement of $100 per month for the additional duties for 100 percent time for 12 months, effective October 8, 2007. Dirk W. Kadyk, from Accounting Clerk III at a salary of $30,215 for 100 percent time for 12 months, to Manager of Housing Administration at a salary of $41,000 for 100 percent time for 12 months, effective December 6, 2007. Information Technology Services Richard M. Barnhait from Manager ITS Student Information System at a salary of $54,911 for 100 percent time for 12 months, to Assistant Director of Application at a salary of $60,000 for 100 percent time for 12 months, effective November 15, 2007. Paul T. Davis, from Interim Director at a salary of $85,500 for 100 percent time for 12 months, to Director of ITS at a salary of $100,000 for 100 percent time for 12 months, effective November 1, 2007. Earl M. Forney, from Database Specialist at a salary of $32,800 for 100 percent time for 12 months, to Administrator Database I at a salary of $40,000 for 100 percent time for 12 months, effective January 7, 2008. John W. Parker, from Programmer Systems II at a salary of $48,528 for 100 percent time for 12 months, to Assistant Director of Systems at a salary of $60,000 for 100 percent time for 12 months, effective November 15, 2007. Stephen J. Watson, from Systems Programmer I at a salary of $45,798 for 100 percent time for 12 months, to Systems Programmer II at a salary of $49,800 for 100 percent time for 12 months, effective November 15, 2007. -7- Liberal and Applied Arts George E. Averv. from Adjunct Faculty at a salary of $3,800 for 25 percent time for four months to Cultural Heritage Research Coordinator at a salary of $45,000 for 100 percent time for 12 months, effective October 22, 2007. Library Melissa B. Boiles, from Program Director and Interim Director of Library for AARC at a salary of $37,216 for 100 percent time for 12 months, to Program Director of AARC at a salary of $35,616 for 100 percent time for 12 months, effective January 1, 2008. Sciences and Mathematics Cortnev R. Charbo, from Graduate Teaching Assistant at a salary of $4,612.50 for 50 percent time for four months, to Biology Lab Coordinator at a salary of $34,257 for 100 percent time for nine months, effective January 10, 2008. Janice S. Hensarling, from Clinical Instructor of Nursing at a salary of $29,649 for 50 percent time for 12 months, to Clinical Instructor of Nursing at a salary of $59,298 for 100 percent time for nine months, effective January 16, 2008. Deborah A. Pace, from Professor of Mathematics and Statistics at a salary of $72,189 for 100 percent time for 12 months, to Professor and Chair of Mathematics and Statistics at a salary of $92,326 for 100 percent time for nine months, effective November 1, 2007. RETIREMENTS Terry J. Box, Professor of English and Philosophy, effective December 15, 2007. James M. Butler, Supervisor of Energy, Physical Plant, effective January 31, 2008. David C. Howard, Assistant Professor of English and Philosophy, effective December 15, 2007. Margaret R. Lev, Lecturer of Social Work, effective December 31, 2007. Patsy K. Reeves, Manager of FRS/HRS, Information Technology Services, effective January 31, 2008. -8- FACULTY LEAVE OF ABSENCE WITH PAY Whereas, the following was considered by the board members: In accordance with Policy E-29A, Leave of Absence (Faculty), the university may grant a leave of absence to faculty, when department needs allow, to accept a similar position in a visiting capacity at another institution. Leave of absence with pay for faculty must be approved by the board of regents upon the recommendation of the president. The following faculty member has requested a leave of absence with pay in accordance with Policy E-29A. Dr. Lauren F.V. Scharff, Professor of Psychology, has been invited to join the United States Air Force Academy faculty from July 7, 2008 to May 27, 2009 as a Distinguished Visiting Professor in the Department of Behavioral Sciences and Leadership. Her salary and benefits of $105,121 will be reimbursed to SFASU from the United States Air Force Academy. Therefore, it was ordered that the faculty leave of absence with pay for Dr. Lauren F.V. Scharff be approved. ACADEMIC AND STUDENT AFFAIRS Board Order 08-11 Upon motion by Regent Pond, seconded by Regent Dickerson, with all members voting aye, the following academic and student affairs items were approved. AUTHORIZATION FOR MASTER OF SCIENCE DEGREE IN HUMAN SCIENCES Whereas, the following was considered by the board of regents: The administration requests authorization to offer the Master of Science degree in Human Sciences via a web-based delivery system beginning fall semester 2008. The administration also requests that the board authorize submission of a Distance Delivery request for this program to the Texas Higher Education Coordinating Board for approval and hereby certifies that all applicable criteria of the THECB have been met. The School of Human Sciences proposes to begin offering its Master of Science degree in Human Sciences (30 semester credit hour thesis option) as a totally online program beginning fall 2008. The audience for this degree would consist of current industry professionals seeking continued education and Family and Consumer Sciences teachers seeking additional credentials, as well as county extension agents. Therefore, the Master of Science degree in Human Sciences was approved. PROPOSAL TO OFFER A BACHELOR OF ARTS DEGREE WITH A MAJOR IN INFORMATION TECHNOLOGY Whereas, the following was considered by the board of regents: The Department of Computer Science in the College of Business seeks approval to offer a Bachelor of Arts degree with a major in Information Technology. The curriculum for the Bachelor of Arts -9- in Information Technology is designed to provide in-depth coverage of both computational and network resources, as well as substantial exposure to various sub-fields such as security, data management, system administration, network configuration, and programming. In addition, the student will be trained in the tools and techniques necessary for effective operation of digital technologies. Beyond these core topics in computer science, students are required to take a broad foundation of liberal arts courses as befits a Bachelor of Arts degree program, and must select either a second major or a minor as a broadening requirement. The primary purpose of the proposed degree program for a Bachelor of Arts in Information Technology is to provide students with a solid foundation in the concepts, theories and techniques of computational resource management, with an emphasis on the application of these concepts to a professional environment. Our graduates would be well-prepared to use these analytical skills to find logical solutions to a wide variety of problems, whether in a private, corporate, or government environment. Therefore, approval was given to offer the Bachelor of Arts in Information Technology beginning in fall 2008. REQUEST NAME CHANGE FOR DEPARTMENT OF POLITICAL SCIENCE, PUBLIC ADMINISTRATION AND GEOGRAPHY TO DEPARTMENT OF GOVERNMENT Whereas, the following was considered by the board of regents: A recent shuffling of two academic departments has taken place: • The Criminal Justice Department was merged with the Department of Political Science, Public Administration and Geography. • The Geography program in turn was shifted to the Department of Sociology. Both changes were approved at the October 2007 board of regents meeting. In light of the shifts, the current Department of Political Science, Public Administration and Geography is proposing to amend its name to reflect its new configuration. The recommended title would be the Department of Government. This designation not only reflects the broad scope of the disciplines but manages to capture all the areas of study. It is an ideal solution that accurately characterizes how the programs overlap. Therefore, the Department of Political Science, Public Administration and Geography was renamed the Department of Government. REQUEST NAME CHANGE FROM GERALD W. SCHLIEF DEPARTMENT OF ACCOUNTING TO GERALD W. SCHLIEF SCHOOL OF ACCOUNTANCY Whereas, the following was considered by the board of regents: In accordance with Policy A-63, Designation of School Status, the Gerald W. Schlief Department of Accounting is seeking school status. The department requests a name change to Gerald W. Schlief School of Accountancy. -10- Program enrichment and expansion make school status important for effectively portraying the professional nature of the field of study in the department. Program graduates face rigorous standards for full entry into the profession and school status will support an even more positive image for accounting graduates as they enter their profession. Trends within the discipline require enhanced viability which school status will provide. Therefore, the Gerald W. Schlief Department of Accounting was changed to the Gerald W. Schlief School of Accountancy. APPROVAL OF STEPHEN F. AUSTIN STATE UNIVERSITY CHARTER SCHOOL BOARD Whereas, the following was considered by the board of regents: The university's application for a university charter school has been submitted to the Texas Education Agency. Review and approval of the application has been scheduled for mid-January. Governance of the university charter school, known as the Stephen F. Austin State University Charter School, will require the establishment of a university charter board. The SFA Charter Board shall consist of seven voting members, plus the academic leader of the charter campus serving as an ex-officio non-voting member. The SFA Charter Board will include representation from the areas of education, parents, teachers and the community. The dean of the Perkins College of Education shall always serve as the chair of the SFA Charter Board. The department chair of Elementary Education will also always serve as a member of the Charter Board. The SFA Charter School academic leader shall always serve in an ex-officio non-voting capacity on the SFA Charter Board. While these three positions shall remain constant on the SFA Charter Board (without terms of office and subject only to change in the incumbent within those positions), the remaining SFA Charter Board members will serve three year renewable terms with new members appointed by general consensus of the current SFA Charter Board members. The initial SFA Charter Board members shall be as follows: John Jacobson, dean of the Perkins College of Education, Chair; Janice Pattillo, department chair of SFA Elementary Education; Carolyn Davis, ECH site coordinator; Becky Griffith, SFA Charter School teacher; Lori Harkness, director of SFA Early Childhood Lab; Vanessa Hooper, parent representative; Weldon Beard, community representative, and Lysa Hagan, SFA Charter School academic leader, ex-officio non-voting member. The SFA Charter Board will provide management for the SFA Charter School, and the SFA Board of Regents will provide general oversight to ensure fiscal accountability. Therefore, the SFA Charter Board was created as described in the agenda item explanation and the SFA Charter Board was given authority for the day to day operations of the school, subject to final approval by the board of regents for the annual budget, expenditures beyond the approved annual budget, purchases, contracts and other expenditures over $100,000 and the employment of all professional (exempt) personnel. The SFA Charter Board will generally be subject to all university policies. The SFA Charter Board shall be delegated final authority for the adjudication of all parent and -11- student charter school complaints. To the extent required by law, the SFA Charter Board shall be subject to the Texas Open Meetings Act. APPROVAL OF AGREEMENT BETWEEN STEPHEN F. AUSTIN STATE UNIVERSITY, STONE FORT MUSEUM AND FRIENDS OF THE STONE FORT MUSEUM Whereas, the following was considered by the board of regents: The Stone Fort Museum requests approval to finalize the Agreement between Stephen F. Austin State University, Stone Fort Museum and Friends of the Stone Fort Museum that would establish the Friends as a support group of the University. The agreement is included as Appendix 2. The purpose of this group is to support the programs and activities of the Stone Fort Museum, Stephen F. Austin State University; including the following activities: a.) to promote the Stone Fort Museum as an educational and cultural center dedicated providing natural and cultural heritage learning opportunities accessible to a diverse audience, b.) to serve as a liaison between the regional community and the Stone Fort Museum and promote the Museum as a heritage tourism destination, c.) to provide voluntary staff support for ongoing and special needs, and d.) to assist in raising funds to support excellence in cultural heritage programs and activities at the Stone Fort Museum. Therefore, approval was given to the agreement (included in Appendix 2) between Stephen F. Austin State University, Stone Fort Museum and Friends of the Stone Fort Museum; and the president was authorized to sign the agreement. BUILDING AND GROUNDS Board Order 08-12 Upon motion by Regent Amaral, seconded by Regent Pond, with all members voting aye, it was ordered that the following building and grounds items be approved. PURCHASE OF HERRINGTON PROPERTY AT 318 E. STARR Whereas, the following was considered by the board of regents: The university has the opportunity to purchase the property located at 318 E. Starr, Lot 26-D in Block 45 in the city of Nacogdoches, from Mr. David Herrington, subject to approval by the board of regents. The property was appraised on October 20, 2007 for $210,000. It is located in an area that is in accordance with the university's master plan. Therefore, the board of regents authorized the university to purchase the property at 318 E. Starr at the appraised value of $210,000 and appropriate closing costs, subject to approval by the Texas Higher Education Coordinating Board. The president or interim -12- vice president for finance and administration was authorized to sign the closing documents. SELECTION OF WHR ARCHITECTS AS ARCHITECT FIRM FOR THE DEWITT SCHOOL OF NURSING FACILITY Whereas, the following was considered by the board of regents: At the October 27, 2007 meeting, the SFASU Board of Regents authorized the university to issue a request for architectural services for the DeWitt School of Nursing facility. A committee reviewed the responses and submits three finalists to be considered to provide architectural services for the project: O'Connell Robertson, Omniplan, and WHR Architects. The building and grounds committee met and interviewed the three finalists and voted unanimously to recommend to the entire board WHR Architects as the firm most qualified for this project and as the firm with which to open negotiations as the architect. Therefore, the board of regents selected WHR Architects as the architect for the DeWitt School of Nursing facility project and authorized the president to sign the contract. APPROVAL OF CHIRENO MINERAL LEASE TO SAMSON LONE STAR LP Whereas, the following was considered by the board of regents: The university owns a 7.69% mineral interest in 50.2 acres of land that is a part of the Chireno Survey near the town of Chireno, Texas. Samson Lone Star L.P. offered the university $200 per net mineral acre for three years with an option to extend the lease for an additional two years at $130 per net mineral acre. In addition, the company offered a 20% royalty. Therefore, the board of regents approved the mineral lease offered by Samson Lone Star L.P. and authorized the president to sign the contract, with negotiation of an appropriate royalty. HVAC REPAIR - STEEN HALL (17) Whereas, the following was considered by the board of regents: The HVAC system in Steen Hall (17) is entering its 40th year of service and had been identified as a critical maintenance issue scheduled for a phased replacement in the FY 2009 and FY 2010 fiscal years. On January 15, 2008, one of the air-handlers in the west tower developed critical problems that required its shut-down and the relocation of students housed on the 5th and 6th floors of Steen's west tower. This air-handler is beyond repair and its failure necessitates the earlier replacement of the remaining west tower system than previously planned so the tower can be occupied in the fall 2008 semester. Therefore, it was approved to replace the HVAC system in the west tower of Steen Hall (17) at a cost not to exceed $600,000. The source of funds will be current auxiliary capital repair funds and auxiliary fund balance. The president was authorized to sign any contracts necessary to complete the work authorized. -13- FINANCIAL AFFAIRS Board Order 08-13 Upon motion by Regent White, seconded by Regent Garrett, with all members voting aye, it was ordered that the following financial affairs items be approved. INCREASE IN EDUCATION RESEARCH CENTER PROJECT BUDGET Whereas, the following was considered by the board of regents: In order to obtain Texas Higher Education Coordinating Board approval for the Education Research Center, on April 24, 2007 the SFASU Board of Regents approved a budget of $28,000,000 for the project. The Texas Higher Education Coordinating Board approved the project for $28,000,000 on June 13, 2007. The coordinating board allows a construction project to exceed its approved amount by 10% without additional project submission. Therefore, the board of regents increased the Education Research Center project budget to include the 10% level allowed by the coordinating board and established the project budget at an amount not to exceed $30,800,000. RESOLUTION TO APPROVE QUALIFIED FINANCIAL INSTITUTIONS AND INVESTMENT BROKERS Whereas, the following was considered by the board of regents: The Texas Public Funds Investment Act requires the university to adopt a resolution by the governing body of the institution that specifies qualified investment brokers. The following brokers/investment managers are listed in the resolution, submitted in Appendix LA: Merrill Lynch, Inc.; Alliance Bernstein International; Fayez Sarofim & Co.; Lazard Asset Management; Franklin Private Client Group; Blackrock Investment Management, LLC; ING Investment Management; NFG Investment Group L.P.; Davis Advisors; The Endowment Fund; Renaissance Access, LLC; and Torrey Asia Access, LLC. Therefore, the Resolution Approving Financial Institutions and Brokers for Investment Transactions was approved as presented in Appendix 1 .A. RESOLUTION TO ACKNOWLEDGE REVIEW OF INVESTMENT POLICY AND STRATEGY Whereas, the following was considered by the board of regents: In accordance with the Texas Public Funds Investment Act, the university's investment policy and strategy must be annually reviewed by the governing board of the institution. In addition, the law requires the governing body to adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and strategy. The resolution, included in Appendix l.B, acknowledges the board's annual review of Policy C-41, Investments. Policy C-41 is included in the Policy Revisions, Appendix 3. -14- Therefore the Resolution to Acknowledge Review of the Investment Policy and Strategy was ratified as presented in Appendix 1 .B. APPROVAL OF FISCAL YEAR 2006-07 ANNUAL FINANCIAL REPORT Whereas, the following was considered by the board of regents: On November 20, 2007, the Stephen F. Austin State University Annual Financial Report for the fiscal year that ended August 31, 2007 was submitted to the Governor, Comptroller of Public Accounts, Legislative Budget Board and State Auditor as required by state law. Therefore, the Stephen F. Austin State University Annual Financial Report was approved as submitted to the board of regents. UNIVERSITY POLICIES AND PROCEDURES Board Order 08-14 Upon motion by Regent Thompson, seconded by Regent Boyer, with all members voting aye, the board of regents adopted the proposed policy revisions as presented in Appendix REPORTS Dr. Pattillo made a report to the regents concerning the following topics: . Gala - December 13, 2008 • Student Regent Selection • Baseball • Voluntary System of Accountability . SFA Charter School • Gina Oglesbee, director of audit services, reported on: • Annual Audit Plan • Marc Guidry, chair of the Faculty Senate, reported on the following: • Faculty Accomplishments • Role of Teaching and Research for Faculty • Summary of Senate Report on How Faculty Can Aid Recruitment Efforts • Efforts to Improve Academic Advising • Need for Faculty Salary Equity Kent Willis, president of the Student Government Association, made the following report: • Fall 2007 Accomplishments • Spring 2008 Plans Monthly theme Student Endowment Support for Winter and Spring Sports President's Higher Education Community Service Honor Roll, 1923 Society and Volunteerism -15- Recognition for Greek Community and Organizations Recognition for Jack Team Rewards Program and Cole Campbell BOARD NOMINATING COMMITTEE Chair Ertz announced the appointment of the board nominating committee for the purpose of nominating board officers for election at the April meeting. Serving on the nominating committee will be Melvin White, chair, Richard Boyer, and Bob Garrett. The meeting was adjourned at 10:20 a.m. -16- Appendix 1 .A BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY Nacogdoches, Texas RESOLUTION APPROVING FINANCIAL INSTITUTIONS AND BROKERS FOR INVESTMENT TRANSACTIONS WHEREAS, The Texas Public Funds Investment Act requires the university to submit a resolution approving a list of qualified investment brokers to the governing body of the institution for adoption and/or review; and WHEREAS, the following firms are approved investment brokers: Merrill Lynch, Inc. Alliance Bernstein International Fayez Sarofim & Co. Lazard Asset Management Franklin Private Client Group Blackrock Investment Management, LLC ING Investment Management NFG Investment Group L.P. Davis Advisors The Endowment Fund Renaissance Access, LLC Torrey Asia Access, LLC WHEREAS, the following firms are approved financial institutions: Citizens First Bank Commercial Bank of Texas First Bank and Trust East Texas Bancorp South Fredonia Regions Bank Stone Fort Texas Bank NOW THEREFORE BE IT RESOLVED that the Stephen F. Austin State University Board of Regents, by the issuance of this resolution, does hereby approve the above listed firms for investment transactions by Stephen F. Austin State University; and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minutes of the January 29, 2008 meeting of the board. Valerie E. Ertz, Chair / W Max Green, Secretary Appendix l.B BOARD OF REGENTS OF STEPHEN F. AUSTIN STATE UNIVERSITY Nacogdoches, Texas RESOLUTION TO ACKNOWLEDGE REVIEW OF INVESTMENT POLICY AND STRATEGY WHEREAS, The Texas Public Funds Investment Act requires that each university's investment policy and strategy must be annually reviewed by the governing board of the institution; and WHEREAS, the law also requires the governing body to adopt a written instrument stating that is has reviewed the investment policy and strategy; NOW THEREFORE BE IT RESOLVED that the Stephen F. Austin State University Board of Regents, by the issuance of this resolution, does hereby approve the investment policy and strategy as reviewed on January 29, 2008; and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the minutes of the January 29, 2008 meeting of the board. Attest: Valerie E. Ertz, Chair / Jo/ Max Green, Secretary Appendix 2 AGREEMENT BETWEEN STEPHEN F. AUSTIN STATE UNIVERSITY STONE FORT MUSEUM AND FRIENDS OF THE STONE FORT MUSEUM This agreement is made and entered into as of the first day of February 2008 of and between Stephen F. Austin State University Stone Fort Museum, hereinafter referred to as the Museum, and the Friends of the Stone Fort Museum, hereinafter referred to as the Friends. Whereas, the Museum is part of the University as a whole, the University Board of Regents formally adopts this Agreement in accordance with its policies; and Friends as an independent association with exists for the support of the University adopts this with its Bylaws. Whereas, the Museum and the Friends provide and make available certain services and benefits to each other, and Whereas, the Museum and Friends work together to promote the public services and the cultural heritage and natural history preservation and education services for the Museum, University and East Texas. Now, therefore, in consideration of the covenants, promises, terms and provision herein contained, the parties mutually agree to the following: GENERAL PROVISIONS ARTICLE I 1. To the extent allowed by state law, this agreement shall remain in full force and effect until terminated by either party or superseded by a subsequent agreement. While every effort will be made to provide 60 days written notice for termination of this agreement by either party, Stephen F. Austin State University in accordance with its policy and State law may terminate this Agreement anytime. 2. This agreement is solely between the parties and cannot be assigned to another party without written approval from the non-assigning party. 3. This agreement is entered into Nacogdoches County and proper venue shall be in Nacogdoches County. 4. This Agreement is subject to and shall be construed under the laws of the State of Texas including Chapter 2255 of the Texas Government Code. The invalidity or illegality of any provision in this agreement shall not affect other terms or conditions of the agreement. 5. This agreement contains the entire agreement of the parties and no change or modification of this agreement is binding unless in writing and signed by the parties. ARTICLE II The Friends agree to provide the following services: 1. Serve as a conduit between the Museum and the community; offer advice and support for the initiatives of the Museum; Appendix 2 2. Support and execute fund-raising activities of the benefit of the Museum, within any guidelines or limitations imposed by the University, if any; and 3. Seek to perform those functions that the Museum cannot provide itself. ARTICLE III The Museum will provide the following: 1. Reasonable space in the Stone Fort Museum to the Friends to carry out its obligation; 2. Computer time as allocated by the Museum to generate receipts, maintain donor gift histories, and provide the Friends with annual gift reports; 3. Utilities and telephone service reasonably needed by the Friends in carrying out its activities; 4. Reasonable use of the Museum equipment and personnel as needed to coordinate the activities of the Friends with the educational operations of the University. The Museum hereby expressly recognizes that the president, vice-president, advancement officers, deans, faculty members may reasonably assist from time to time in development programs or may be needed or helpful in coordinating those Friends activities with the operations of the Museum. No monetary or pecuniary enrichment will be made to any officer or employee of the University by Friends or its donors. Conduct of employees is governed by the University and when conflicts arise, University policies shall always govern the conduct of its employees. The Curator of the Museum and the Dean of Liberal Arts shall serve in an ex-officio capacity on the Friends Board; 5. Assistance in research and investigation of individuals, foundations, businesses and corporations best qualified as prospective donors; and 6. Assistance in the coordination of follow-up activities after each solicitation and fund-raising event. ARTICLE IV The Board of Advisors of the Friends assures the Museum that the activities of the Friends will always be in support of the objectives, goals and priorities of the Museum, as communicated to it by the Dean of the College of Liberal and Applied Arts. Friends will only raise funds in the name of the University. The Museum will provide a complete financial report to the Friends on the allocation and use of resources made available through the Friends. ARTICLE V Since the Friends of the Stone Fort Museum will only raise money in the name of the University, the moneys will be deposited in University accounts, invested through the University investment program, and governed in accordance with University policy. ARTICLE VI Disbursements from Friends accounts will be supervised by the Dean of the College of Liberal and Applied Arts and will be made only for expenditures consistent with the explicit purposes Appendix 2 for which the accounts were established and the restriction of the donors. Full documentation will be required for each disbursement. The University/Museum reserves the right to accept or deny any gift or donation within its sole discretion. ARTICLE VII The allocation and budgeting of unrestricted funds is to be determined by the Dean of the College of Liberal and Applied Arts. Resources raised by other support organizations and for which the Museum may serve as a Trustee of funds shall be allocated by the restriction of the donor and by the support organization. Restricted gifts shall be allocated by the restrictions of the donor and by the Dean of the College of Liberal and Applied Arts. The allocation, expenditure, and transfer of all resources will be reported to the Board of the Friends regularly by the Curator of the Museum. The Dean of the College of Liberal and Applied Arts will assure that all expenditures, irrespective of the allocation process, are consistent with state law and the charter of the Friends. When in conflict, State law shall always supersede. Agreed to this the day of , 2008. FRIENDS OF THE STONE FORT MUSEUM STEPHEN F. AUSTIN STATE UNIVERSITY By By President of the Board Dean, College of Liberal and Applied Arts Friends of the Stone Fort Museum Vice-President, University Advancement President Appendix 3 Policies for Board Review January 29,2008 p-l Appendix 3 P-2 Appendix 3 Academic Appeals by Students (A-2) Original Implementation: August 31, 1981 Last Revision: January 19, 2006Jcmuary 29, 2008 Good communication between faculty and students will make disputes between them infrequent, but if disagreements occur, it is university policy to provide a mechanism whereby a student may formally appeal faculty decisions. When a student uses the appeals procedure, all parties should endeavor to resolve the dispute amicably at as early a stage as possible and in compliance with applicable laws, regulations and policies. The faculty member, after considering the outcome of the appeals process, shall retain complete academic freedom to make the final determination on the matter and to assign semester grades. All materials under consideration at each step will be forwarded to the appropriate parties at the next procedural level. These steps are to be followed when making an academic complaint: 1. In the event of course-related complaints or disputes, the student must first appeal to the instructor for a resolution of the matter and must do so within 30 days after the first class day of the next long semester. Given extenuating circumstances, exceptions to this deadline may be granted. 2. If a complaint or dispute is not satisfactorily resolved, the student may appeal to the academic Cchair/director of the academic department unit in which the complaint or dispute is centered. If a formal complaint is to be registered, it should be made in writing stating the specific issues. The faculty member will respond with a written statement to the department academic chair/director. 3. If the complaint or dispute is still unresolved after appeal to the academic Cchair/director, the student or faculty member may appeal in writing to the Dean dean of the academic college in which the complaint or dispute is centered. The Dean dean will notify the faculty member or student of the appeal. 4. If a resolution of the matter is not reached, the Dean dean may refer the appeal to the College Council of the college in which the complaint or dispute is centered. The College Council will evaluate the oral and written statements of the student and the faculty member. If the College Council does not have at least one student member, the president of the Student Government Association will be asked by the Dees-dean to recommend no more than two student representatives from that college to serve for each case. The College Council will submit its recommendation to the Dean dean of the academic college. 5. If a resolution of the matter is not reached, the student or the faculty member may appeal in writing to the provost and vice president for academic affairs. The Dean's dean's written recommendation in addition to all previous materials will be P-3 Appendix 3 submitted to the provost/ and vice president for academic affairs. The College Council of the College college in which the complaint or dispute is centered may serve as an advisory body to the provost and vice president for academic affairs in the appeal process. The provost and vice president for academic affairs will evaluate all previous materials and any additional oral presentations from the student and faculty member. 6. After making a decision, the provost and /vice president for academic affairs will inform the student and all persons involved in the appeal process of the final recommendation of the matter within a reasonable period of time. STEPS FOR RESOLVING STUDENT INITIATED ACADEMIC COMPLAINTS Student Instructor Department Chair/Director College Dean College Council and 1 or 2 students College Dean Provost/Vice President for Academic Affairs Appeals heard by the University Committee on Academic Integrity will not be processed under Policy A 2, Academic Appeals by Students. Source of Authority: Provost/Vice President for Academic Affairs Cross Reference: Faculty Handbook, Student Handbook and Activities Calendar Responsible for Implementation: Provost and Vice President for Academic Affairs Contact For Revision: Provost and /Vice President for Academic Affairs Forms: None P-4 Appendix 3 Academic Integrity (A-9.1) Original Implementation: Unpublished Last Revision: January 19, 2006January 29, 2008 Academic integrity is a responsibility of all university faculty and students. Faculty members promote academic integrity in multiple ways including instruction on the components of academic honesty, as well as abiding by university policy on penalties for cheating and plagiarism. Education Faculty members are responsible for providing information about academic integrity and education for maintaining academic honesty during their regular coursework. Course syllabi provide information about penalties and the appeal process. Definition of Academic Dishonesty Academic dishonesty includes both cheating and plagiarism. Cheating includes but is not limited to (1) using or attempting to use unauthorized materials to aid in achieving a better grade on a component of a class; (2) the falsification or invention of any information, including citations, on an assigned exercise; and/or (3) helping or attempting to help another in an act of cheating or plagiarism. Plagiarism is presenting the words or ideas of another person as if they were your own. Examples of plagiarism are (1) submitting an assignment as if it were one's own work when, in fact, it is at least partly the work of another; (2) submitting a work that has been purchased or otherwise obtained from an Internet source or another source; and (3) incorporating the words or ideas of an author into one's paper without giving the author due credit. Procedure A faculty member who has evidence and/or suspects that academic dishonesty has occurred shall gather all pertinent information, approach the student or students involved, and initiate the following procedure. The faculty member shall review all evidence of cheating or plagiarism and discuss it directly with the student(s) involved. After hearing the student(s)' explanation or defense, the faculty member will determine whether or not academic dishonesty has occurred and will decide what penalty will be imposed. The faculty member will consult with his/her academic Gchair/director and Dean dean in making these decisions. Penalties may include reprimand or no credit for the assignment or exam, or re-submission of the paper, or make-up exam, or failure of the course. (Penalties for academic dishonesty and information on the appeals process should be outlined in the course syllabi.) After a determination of academic dishonesty, the faculty member shall notify the Office of the dean of the student's major by submitting a Report of Academic Dishonesty form, P-5 Appendix 3 along with supporting documentation as noted on the form. This report shall be made part of the student's record and shall remain on file with the dean's office for at least four years. The faculty member shall also inform the student of the appeals process available to all SFA students. (Academic Appeals by Students, policy A-2). Upon second or subsequent offenses, the dean of the student's major will determine a course of action. Actions may include referring the case to the college council for review and recommendations. The Dean shall refer second or subsequent offenses to the University Committee on Academic Integrity established under this policy. The faculty member shall also inform the student of the appeals process available to all SFA students. (Academic Appeals by Students, Policy A 2) The Student File A student's file on academic dishonesty will not be available to faculty members. The purpose of the file is for the d&ean to track a pattern of multiple cases of academic dishonesty during a student's academic career at Stephen F. Austin State University. Students who are found to have cheated/plagiarizeddemonstrated academic dishonesty and have withdrawn prior to the award of a grade will continue to have the determination of the infraction within their student records. This finding will bo considered by tho University Committee on Academic Integrity should the student commit future offenses. Appeals A student who wishes to appeal decisions related to academic integrity follows procedures outlined in policy A lAcademic Appeals of Students, policy A-2. The University Committee on Academic Integrity This committee shall be formed by the Provost and Vice President for Academic Affairs for the purpose of monitoring academic integrity among students. The committee shall be composed of a faculty representative elected from each college and one student representative appointed by the Provost and Vice President for Academic Affairs. Tho committee chair will be appointed by the Provost. A faculty member who reports an offense may not serve on the committee considering that offense. When a student is found guilty of two or more infractions, the case will be referred to tho University Committee on Academic Integrity. In addition, faculty members may request that the Dean refer particularly serious cases (buying or soiling papers, stealing an exam, significant plagiarism at the graduate level, etc.) directly to the University Committee on Academic Integrity. The committee will make one of the following recommendations to the Academic V.P. who is responsible for the implementation of this policy. no action is taken P-6 Appendix 3 probation suspension from the university Source of Authority: Provost and Vice President for Academic Affairs and Vico President for University Affairs Cross Reference: Student Handbook^-; Academic Appeals by Students, Policy A-2r; and Add/Drop, Policy A-5 Responsible for Implementation: Provost and Vice President for Academic Affairs Contact for Revision: Provost and Vice President for Academic Affairs Forms: Report of Academic Dishonesty Form P-7 Appendix 3 Academic Space For Non-Academic Activities (B-2) Original Implementation: 1979 Last Revision: February 3, 2005 January 29, 2008 The provisions of the policy on the Use of University Facilities (University Policy B-l) govern the use of all buildings, facilities, equipment, and grounds, hereafter referred to as facilities, under the control of Stephen F. Austin State University. That policy provides that the university may establish additional procedures for the reservation and use of specific facilities; therefore, the following provisions apply to academic space for non-academic activities. There are times when facilities are needed by non-academic departments of the university as well as registered student organizations. Non-academic departments of the university and registered student organizations may request the use of campus facilities to conduct activities that further their mission. To help achieve the most efficient utilization of university resources, academic facilities may be made available for the use of non-academic departments of the university and registered student organizations upon their request to the dean of the college or facility director who administers the space desired. The availability and use of such facilities will be subject to the regulations and policies set forth by the controlling college relating to the use of specific facilities within their delegated purview. Efforts should be made by the colleges to accommodate these requests whenever possible. Extensive or repeated use of the facility may require implementation of a facility use agreement. A statement of proof of responsibility or property damage deposit may be developed and required by the college that administers the space before use of the facilities is authorized. Such statements and/or procedures for requiring property deposits or facility use agreements must be in writing and have the approval of the president, provost and general counsel. Questions relating to contractual conditions should be initially directed to the dean of the college or facility director, who may as necessary, consult with the university attorney. The use of all academic space is subject to the permissible assignment or scheduling of that facility. Source of Authority: Board of Regents, President, Provost and Vice President for Academic Affairs, Vice President for University Affairs Cross Reference: Use o/University Facilities, Policy B-1;T B 28 Turner Auditorium, Policy B-28, College Policies on Facilities Use P-8 Appendix 3 Responsible for Implementation: Provost and Vice President for Academic Affairs; Vice President for University Affairs Contact for Revision: Provost and Vice President for Academic Affairs, Vice President for University Affairs Forms: None P-9 Appendix 3 Alcohol/Drug Free Workplace (E 5) Combined with Policy D-19, Illicit Drugs and Alcohol Abuse Original Implementation: Unpublished Last Revision: October 30, 2007 Deleted January 29, 2008 It is tho declared policy of tho United States government to create a drug froo America, The board of rogonts of Stephen F. Austin State University adopts this policy to comply with tho requirements of state and federal law and because of its dosire to havo a drug free campus. Definitions 1.Controlled substance means a controlled substance in schedules I through V of section 812 of the Controlled Substances Act, 21 U.S.C. 812, Examples include, but are not limited to: horoin, marihuana, mescalino, peyoto, and cocaine. This definition doos not include medication prescribed by a physician. 2.Conviction means a finding of guilt (including a plea of nolo contendoro) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes. 3.Criminal drug statute means a criminal statute involving manufacture, distribution, dispensation, use, or possession of any controlled substance. 1.Federal agency means an agency as that term is defined in section 55 1(1) of Title 5, United States Codo. Prohibition, Discipline, and Treatment 1 .The university prohibits all employees(full time and part time faculty, staff, and students) from engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or alcoholic beverage in the workplace, or reporting to work under the influence of alcoholic beverages or illegal drugs. None of the funds appropriated to the university by the state legislature for travel expenses may be expended for alcoholic beverages. 2.Observance of this policy is a condition of employment for all employees of the university. 3.An employee violating this policy shall: 1 .be subject to employment discipline up to and including termination; or 2.be required to undergo satisfactory participation in a drug abuse assistance or rehabilitation program, such as the Employee Assistance Program of tho university. P-10 Appendix 3 4. Any employee directly engaged in the performance of work pursuant to the provision of a federal grant or contract who is convicted of violating a criminal drug statute shall notify his/her immediate supervisor of the conviction no later than five days after the conviction. The immediate supervisor shall promptly report the conviction to the appropriate vice president and the director of research services. On behalf of the university, the director of research services shall notify the federal agency grantor or contractor of the conviction within ten days of the university receipt of notice from the employee or of receipt of other actual notice. Good Faith Effort Stephen F. Austin State University shall make a good faith effort to maintain a drug free workplace by implementing and enforcing this policy. The university shall also comply with United States Department of Transportation regulations regarding drug testing of drivers with a commercial driver's license. Cross Reference: 41 USC Sec. 701 et seq ; Faculty Handbook, Non Academic Employee Handbook, State of Texas Travel Allowance Guide, Drug and Alcohol Testing Policy E 61 Responsible for Implementation: President Contact for Revision: General Counsel Forms: None P-ll Appendix 3 Austin Building Conference Rooms (B-3) Original Implementation: June 10, 1986 Last Revision: April 20, 2001 January 29, 2008 The provisions of the policy on the Use of University Facilities govern the use of all buildings, facilities, equipment, and grounds, hereafter referred to as facilities, under the control of Stephen F. Austin State University. That policy provides that the university may establish additional procedures for the reservation and use of specific facilities; therefore, the following provisions apply to Room 305 and Room 307 in the Austin Building. Because of the formal nature of these rooms, the university wishes to preserve them for important official and universal functions of the university. They will not be available for scheduling by campus groups for routine meetings. Faculty, staff, and student groups are referred to the coordinator of university reservations and conferences in the Pattillo Student Center for scheduling meetings in that facility. These conference rooms will be primarily for the use of the board of regents and the president of the university in their conduct of the governance and administration of the university, as well as for visits of dignitaries and official university guests. Both conference rooms are available to faculty and staff for group meetings hold for the purpose of conducting university business or related activities. Neither room is available for use by student groups. Room 305, Small Conference Room, will accommodate groups of twelve to fifteen people Groups of this size will routinely bo scheduled in 305 unless it is reserved. Room 307, Board of Regents Conference Room, will accommodato groups of 11 to 20 with conference stylo seating, and much larger groups if seating areas around the porimotor of tho room are utilized. This room will not be used for routine meetings and will be scheduled for special university meetings only upon approval by tho president of the university. Because of the formal nature of the room and its furnishings, bi?everages are discouraged and food \s-are prohibited in conference rooms 305 and 307, except as approved by the president or the chair of the board of regents. Reservations for either room may bo made by tolophono or in person with tho oxocutivo assistant to the president (extension 2201; Austin building, Room 315). Source of Authority: President P-12 Appendix 3 Cross Reference: NemPolicy B-l, Use of University Facilities Responsible for Implemention: President Contact for Revision: Executive Assistant to the VrosidontPresident Forms: None P-13 Appendix 3 Budget Change and Additional Appropriation (C-4) Original Implementation: Unpublished Last Revision: January 19, 2006-January 29, 2008 A "Budget Change and Additional Appropriation" form is used to transfer budgeted funds from one budget category to another within an account, from account to account, used to request funds to supplement existing budgets, and may be used to transfer funds between accounts. In addition, the form may be used to request a budget change. If a departmental income account's actual revenue exceeds its revenue estimate, a department may request a budget revision to increase its revenue estimate and expenditure budget. All budget changes in excess of $1,000 require approval of the vice president for finance and administration and the president, and budget changes in excess of $5Q£QQ-$100,000 require approval of the board of regents. The "Budget Change and Additional Appropriation" form must be completed by the originator and approved at appropriate division levels. After division approval, the form will be sent to the budget office. The request will be reviewed, and if appropriate, approved and recorded. If additional information is needed, the originating department will be contacted. Account managers should verify that the transaction has been recorded in the accounting system. Source of Authority: Board of Regents, President, Vice President for Finance and Administration Cross Reference: None Responsible for Implementation: Vice President for Finance and Administration Contact for Revision: Director of Financial Services- Vice President for Finance and Administration Forms: Budget Change and additional Appropriation form (available in Budget Q&*ee)SFASU FormsServer (Budget Add/Change Appropriation) P-14 Appendix 3 Cellular Telephones and Wireless Communication Devices (F-42) Original Implementation: October 30, 2007 Last Revision: Nefte/araary 29, 2008 OVERVIEW The university recognizes that certain positions require the use of a cellular telephone (cell phone) or wireless communication device (including personal digital assistants (PDA's) or smartphones) to conduct official business. This policy provides specific guidelines regarding the use of cell phones and/or wireless communication devices. DEFINITIONS Wireless Communications Device - cellular telephones, pagers, telephone/PDA combinations, and smartphones. For purposes of this policy, laptops and personal computers are not considered wireless communications devices. ELIGIBILITY Each department is responsible for establishing whether a specific employee needs a cell phone or wireless communication device service. Criteria for establishing this need include: 1. Requirement to travel frequently on university business 2. Large amounts of time spent away from the office 3. A need to contact the individual after normal business hours on a frequent basis 4. A need for others to be in constant communication with the individual 5. Safety considerations If an employee meets one or more of these criteria, a department head/director may approve a request to provide either a university cell phone or wireless communication device or a communication allowance through one of the following options. ri. University provided cell phones or wireless communication device: If a department chooses this option, the entire amount of the university provided cell phone or wireless communication device is considered as a taxable fringe benefit to the employee. The employee is not required to document personal or business usage. However, the department may-must require that an employee reimburse the department for calls that exceed the monthly plan amount unless they provide documentation that the excess use is attributed solely to business P-15 Appendix 3 related calls. Departments electing this option must submit a "Cellular Telephone Request and Justification Form" to the assistant director of telecommunications and networking for each employee, as required in policy F-29, Communications Services. The assistant director of telecommunications and networking will communicate the taxable value of the university provided cell phone and wireless communication device to the Payroll Office. 2. Communication Allowance: The department may elect to provide a communication allowance to reimburse the employee for the projected cost of business related charges. The dollar amount of the cell phone allowance should cover the employee's cell phone or wireless device, the estimated business-related calls and a pro-rata portion of the monthly cost of the phone plan. Determination of the dollar amount of the allowance is made at the departmental level, but will be within guidelines and dollar limits established by the assistant director of telecommunications and networking. These levels are defined on the Communication Allowance Request Form. The communication allowance will be paid through payroll and will be considered taxable income. The allowance does not constitute an increase to base pay and will not be included for percentage based pay increases or for retirement (TRS or ORP) calculations. The communication allowance is established by submitting a completed "Communication Allowance Request Form" to the Payroll Office. Departments should also keep a copy of the form on file for each approved allowance. The employee is responsible for communicating the telephone number to the department. The employee may, at his or her own expense, add extra services or equipment features as desired. 3. Intermittent Use of Cell Phones for Business Purposes: Some departments may provide cell phones on an intermittent basis to their employees. Intermittent basis is defined as more than one employee assigned use of the phone during the month. In these instances, NO personal use is permitted. Employees using these cell phones will be responsible for documenting all calls as business related. Employees must submit the documentation (phone logs) to P-16 Appendix 3 the department. Supervisors will be responsible for reviewing the documentation and insuring that employees reimburse the university for any personal calls made inadvertently. Reimbursements must be based on apro-rata share of the monthly phone bill and made within 30 days of receipt of the telephone bills. These phone logs must be retained by the department and will be subject to audit. The controller's office must be notified when employees do not submit proper documentation. In these instances, the employee will be responsible for any tax liability associated with phone usage. 4. Infrequent Use of Cell Phones for Business Purposes: If infrequent business calls are made by an employee who does not receive a communication allowance or university-provided phone, departmental approval can be given to reimburse the employee for business calls that exceed personal wireless plan minutes. Reimbursement of these calls will be made through accounts payable through normal procedures for reimbursement of business related expenses. Appropriate documentation, such as a copy of the wireless plan billing statement and the stated business purpose of the call, should be submitted to support the reimbursement. Any reimbursement of business related calls will not be taxable to the employee. Cross Reference: Communication Services (F-29) Responsible for Implementation: Vice President for Finance and Administration Contact for Revision: Controller, Assistant Director of Telecommunications and Networking Forms: Communications Allowance Request Form, Cellular Telephone Request and Justification Form P-17 Appendix 3 Academic Chair/Director Appointments (E-6A) Original Implementation: May 23, 1979 Last Revision: April 30, 2002January 29, 2008 AcademicDepartment chairs/directors under a twelve-month contract are expected to be on duty each working day except when on vacation, sick leave, or other form of leave. Vacation time and sick leave are earned according to the schedule for state employees. Academic Gchairs/directors are subject to being called upon at any timo when it is judged to be in the best interest of the university to address a task/issue outside the normal working day. AcademicDepavtment chairs/directors under an eleven-month contract are expected to be on duty each working day within that contract period when classes are in session except when on sick leave or other form of leave. In general, the eleven month contract shall be treated as an academic year appointment plus two summer months. It is the responsibility of the department academic chairs/directors to assure that on going departmental academic unit obligations are met in his/hertheir absence. Vacation time is not accrued under an eleven-month appointment. Sick leave is earned according to the schedule for state employees. Chairs/directors under an eleven-month contract are subject to being called upon at any time when it is judged to be in the best interest of the university to address a task/issue outside the normal working day. AcademicDepartmQnt chairs/directors who are appointed for a period of eleven months should have no duties to the university during the equivalent of one calendar month during June, July, and August (twenty-one working days). Vtes-These days may be taken at one time or distributed throughout the summer. In the latter case, it shall amount to twenty ono working days. In any case, the twenty-one days allowed during the summer shall be logged in the departmental academic unit office and approved by the dean^s office prior to the time of taking leave from duties. In general, the eleven month contract shall be treated as an academic year appointment plus two summer months. See also Departmental Administration policy, for details regarding responsibilities, selection and evaluation, and Chair Teaching Load Guidelines policy. Source of Authority: Vice President for Academic Affairs Cross Reference: Departmental Administration, policy E-10A, and Chair Teaching Load, policy E-70A14em Responsible for Implementation: Provost and Vice President for Academic Affairs Contact for Revision: Provost andVice President for Academic Affairs Forms: None P-18 Appendix 3 Compensation Plan for Classified and Non-Classified Staff (E-68) Original Implementation: February 3, 2005 Last Revision: NefteJanwary 29, 2008 Objective: It is the intent of Stephen F. Austin State University to maintain a compensation program which: ■ Considers the external market, while focusing primarily on ensuring internal equity and emphasizing the advantages of a collegial work environment; ■ Rewards and retains those individuals who exceed defined performance expectations; ■ Provides flexibility in implementation and process to meet the needs of the university; ■ Encourages progression and mobility to excellent performers through job enrichment and promotions from within; and ■ Encourages and rewards the acquisition of skills. Compensation Principles: The values of jobs will be based on a blend of SFA values and culture reflected through core factors and external market values. Total compensation for all jobs will take into account funding considerations, appropriate internal job relationships and market relationship. Compensation plans, including methodologies and practices, will be well communicated to all employees at the university. Performance management requires a cooperative effort between employees and supervisors. Employees and supervisors will work together to clarify and meet performance objectives and expectations. The Performance Management Plan will provide ongoing performance feedback and reward meritorious performance. Communicating Pay Information: The human resources office will provide information concerning job classification and pay ranges upon request. Furthermore, as a regular part of their jobs, managers and supervisors are responsible for actively and openly communicating the organization's pay program and associated policies to employees on an ongoing basis. Managers and supervisors should discuss the following areas with new and reclassified employees as they pertain to each individual employee's situation: ■ The job description covering the employee's duties and responsibilities P-19 Appendix 3 ■ The employee's potential for progression within his/her pay range Job performance and its relation to promotional opportunities and pay increases Administrative Responsibility: Department heads are responsible for administering pay for employees in their organizational unit in accordance with university policies, procedures, and guidelines and for making recommendations to the human resources office. Additionally, they are responsible for: ■ Communicating with their employees about program policies and individual compensation issues, to include providing the most current job descriptions to supervisory and managerial personnel; ■ Working with the human resources office on compensation matters, to include the updating of job descriptions as necessary; and ■ Ensuring that salary increase procedures are followed. ■ Issues that are identified by managers and supervisors that are not covered by these guidelines should be referred to the human resources office. The director of human resources has ultimate authority and responsibility for the university's compensation objectives, structures and policies. Any exceptions to, or major revisions in, the program must be approved by the director. The director will be responsible for ensuring these duties are completed: ■ Drafting/recommending new or revised compensation policies and procedures Administering the daily operation of the salary administration function, including the approval of salary actions ■ Preparing, maintaining, and approving job descriptions ■ Monitoring the evaluation of new jobs and re-evaluation of existing jobs Reviewing the pay structure annually to maintain market competitiveness and internal equity Reviewing compliance with the Fair Labor Standards Act (FLSA), Equal Employment Opportunity Commission (EEOC), and other governmental regulations as they relate to the compensation function Appraising program effectiveness and recommending program revisions as necessary Exempt/Non-Exempt Designation: The terms and provisions of the Fair Labor Standards Act (FLSA) provide the basis for exempt versus non-exempt status and overtime pay requirements. The exempt or non-exempt status of each employee, with regard to the payment of overtime, is determined by the position to which the employee has been hired, transferred or promoted. The director of human resources is responsible for determining the correct FLSA status when the job is classified in a pay grade. Each manager must ensure that the employee performs job duties as described in the job P-20 Appendix 3 description and that time worked is reported appropriately to ensure compliance with overtime provisions of the FLSA. Job Descriptions: All benefits-eligible staff positions covered by this compensation program shall have a generic job description that includes the official SFA job title, a general job summary, a list of essential (major) duties and responsibilities, and job requirements (i.e. minimum education, experience, and other qualification requirements that an individual should have to fill the position). The official job title on the job description will be used for all personnel records and publications (For internal purposes, however, departments may use a different functional title.) New official job titles may be created only with the prior review and approval by the director of human resources. Job descriptions are used to: ■ Evaluate and classify jobs to determine appropriate internal position relationships. Communicate to new or existing employees the fundamental duties and responsibilities of their jobs. ■ Provide job information that can be used to determine competitive pay relationships in the labor market. ■ Provide job information which can be used in the recruitment and selection process. ■ Provide job information which can be used in employee relations matters, such as performance appraisal, employee orientation, grievance resolution, and identification of training and development needs. ■ Ensure compliance with government legislation. Changes in the duties of a job may require re-analysis and re-evaluation of a job. Where changes are judged significant by the supervisor and/or manager, he/she should complete a Job Analysis Questionnaire, which can be obtained from the director of human resources. Job Evaluation: The job evaluation method of determining the salary ranges for each position is a market pricing and slotting method. Salary ranges are determined on the basis of competitive pay rates for jobs of comparable duties and value to SFA. Extensive studies of compensation in nationwide competitive universities are made to ensure that our salary structure is competitive. The competitive salary survey data become the basis for calculating salary ranges, and, in turn, individual salary targets within the salary ranges. Benchmark jobs are chosen, priced by analysis of survey data and ranked. All other jobs are then slotted in relation to these benchmarks. Benchmark jobs are those with P-21 Appendix 3 characteristics similar enough to jobs performed in other organizations that they can serve as market anchor points. Requests for Evaluation or Re-Evaluation of Jobs: New and/or significantly revised positions or jobs must be evaluated by the human resources office in order to assign them to their appropriate grades. Requests for jobs to be evaluated or re-evaluated will be made in writing by the appropriate dean or department head to the director of human resources. The re-evaluation process will take place once per year just before the budget process begins. Requests may be prompted by the creation of a proposed new job title or by a substantial and permanent change in duties or requirements of an individual position or in the majority of individual positions within a job title. For a change in duties or requirements to merit re-evaluation, it should meet these criteria: ■ It is a permanent change in duties; not a special project or short-term assignment; ■ The addition, deletion, or change affects a duty that constitutes a significant portion of the job (at least 15%); The duty which is added, deleted, or changed is substantially different in level and type from the balance of the job duties so that it seems reasonable that the change in that one duty would affect the evaluation of the job on one or more job evaluation factors; or ■ The levels of education or experience required for the job noticeably change. These requirements should reflect minimum standards for satisfactory job performance, not an incumbent's qualifications. ■ The steps for submitting and processing a request for evaluation or re-evaluation are as follows: ■ The college or department head completes a "Request for Position Evaluation" form. Additionally, if a new classification is requested, a completed Job Analysis Questionnaire (JAQ) must be submitted with the form. If a re-evaluation of an existing position is requested, a copy of the current job description should be attached with the proposed changes indicated. ■ Human resources may ask that the Job Analysis Questionnaire be completed to provide more complete information to evaluate the position. Pay Grade Structures: SFA uses one combined grade structure to establish compensation limits for jobs. The structure is based on competitive practices and internal equity considerations, and provides the possibility for progression to more responsible jobs with higher and broader pay ranges. The pay structure is intended to: P-22 Appendix 3 Define the competitive pay position of jobs for the university to the relevant external market; ■ Establish differential pay levels between jobs to recognize differing demands; and ■ Establish lower and upper limits of value for each job. Midpoints of the pay ranges represent SFA's desired competitive position to the external market and are determined by a statistical calculation based on external salary survey data for benchmark jobs in each pay grade. The minimum and maximum of each pay range represent the minimum and maximum values, respectively, to the university of all jobs assigned to that particular pay range. In most cases, up to the top of the first quartile is considered the range of value for a newly hired employee who meets the minimum qualifications of the job. Thus, most employees should be hired within the first quartile of the range, but departments have full authority to hire or promote into non-exempt positions up to midpoint. Hiring exempt employees above the first quartile or non-exempt employees above midpoint requires prior approval by the director of human resources. Hiring employees below the minimum of the pay range is contrary to university policy and is not permitted. Conversely, the maximum of the pay range is the upper limit of pay for a job. An employee's rate of pay may not normally exceed the respective maximum for the job. Review of Pay Structures: As part the budget process each year, the director of human resources will review the competitiveness of its pay structures. The review will include (1) comparisons of the competitive status of SFA's midpoints to the relevant external market; (2) a review of anticipated average movement of pay structures by peer and comparison organizations. Based on findings of the review, a recommendation will be prepared for consideration by the director of human resources concerning adjustments to the pay structures. The recommendation will include detailed cost analyses and will be provided to senior management for consideration. Pay Above Maximum: If, for any reason, an incumbent's base pay exceeds the maximum of the grade, the employee's pay will be "red circled". This means that all base pay rate increases will be given in lump sum form until the employee's base pay rate falls within range, at which time the incumbent will be eligible for future increases. Any exception to this policy requires prior approval by the director of human resources. New Hire Rates: Employees meeting the minimum qualifications of the job should normally be paid within the first quartile of the pay range. However, pay rates for new P-23 Appendix 3 employees possessing qualifications in excess of the minimum qualifications may be placed at pay rates above the first quartile, with the appropriate levels of approval. The hiring department has full discretion for placing a new exempt employee's salary rate within the first quartile and a new non-exempt employee's pay up to midpoint. Hiring rates in the second and third quartiles for exempt employees and the third quartile for non-exempt employees require prior approval by the director of human resources. Hiring rates in the fourth quartile may be established only with the approval of the director of human resources. In determining hiring rates, consideration will be given to the resulting position in the pay range, whether the rate allows sufficient room for future growth, and relationships to rates paid to similarly qualified or more experienced employees in the job. External salary survey data will also be considered, if it is available. In establishing new hire rates, SFA will continue to comply with all federal and state rules and regulations, including the Equal Pay Act of 1963, which prohibits pay differentials on jobs that are essentially equal in terms of skill, effort, responsibility and working conditions, except when these are the result of a bona fide seniority or merit system, or any other job-related factor other than gender. Salary Adjustments: Decisions on all salary adjustments must be implemented in accordance with legislative requirements. Department heads are also responsible for insuring compliance with all applicable federal and state rules and regulations regarding compensation. Annual Salary Budget: Each year as part of the budget planning process, SFA will prepare a salary budget that specifies the average increase amount, if any, to be given to employees during the fiscal year. The salary budget will be based on a comparison of the university's pay rates to external salary survey data, as well as the salary budgets projected by other peer and comparison organizations. The salary budget will reflect dollars available to fund general and/or merit increases. Merit Increases: SFA policies permit the awarding of merit increases on a semi-annual basis to be effective either on September 1 and/or March 1. Only benefits-eligible employees who have completed six months of continuous employment at SFA as of the effective date of the merit program are eligible to receive a merit increase. Merit increases are based on an employee's documented job performance and are intended to reward individual performance, increased productivity, improved quality, and/or reduced costs. To be eligible for a merit increase, individuals must have a current performance appraisal with a rating of fully acceptable or above on file in the human P-24 Appendix 3 resources office. Employees receiving an unsatisfactory or needs improvement rating will not be eligible for a merit increase. Whenever a merit increase program is funded and authorized, the human resources office, in conjunction with the budget office, will prepare and distribute detailed guidelines to department heads. The guidelines will include the authorized merit increase amount, funding requirements, performance level required to be eligible to receive a merit increase, and other program criteria. Merit increases must be approved by the board of regents prior to their implementation. Equity Pay Adjustments: The human resources office periodically audits pay rates within classifications to identify potential pay problems. It is also the responsibility of the department head to bring to the attention of the director of human resources any significant pay problems that may exist in their department. A department head may initiate a pay equity adjustment once per year during the planning of the budget whenever he or she determines that the present level of compensation of an employee or group of employees is at a level where: ■ It results in an unusual level of turnover of employees in the group; or, It results in the affected department experiencing significant difficulty in recruiting candidates to fill vacant positions; or, ■ It results in a disparity in current paid rates for similarly classified employees in that unit; or, ■ The level of compensation is substantially below the comparable level of compensation for similar employment outside SFA; and, ■ The present level of compensation has substantially reduced the university's ability to deliver services. Individual equity increases shall be based on one or more of the following: ■ Internal equity ■ External competitiveness ■ Longevity ■ Quartile within salary range All equity pay adjustments are subject to review and approval by the appropriate vice president and the director of human resources. Normally, funds for any approved equity pay adjustment must come from the authorized budget of the affected division. Promotions: When an individual is promoted, his or her pay will normally be adjusted to reflect the new level of responsibility. In isolated situations, when an individual's base P-25 Appendix 3 pay rate is at a higher level than rates paid to incumbents, an individual may be granted a promotion with no change in pay. Any promotional increase should raise the employee's pay rate to at least the minimum of the pay range. Conversely, a promotional increase may not increase the employee's pay rate above the maximum of the new pay range. The hiring department has full discretion for placing the salary rate of an exempt employee within the first quartile and the pay rate of a non-exempt employee up to the midpoint. Recommended promotional increases which fall outside of these parameters are governed by normal university hiring procedures and approval processes. All promotional actions must be reviewed by the director of human resources. In determining recommended promotional increase amounts, the following factors are considered: ■ Rates paid to incumbents in the new position, both within hiring college or division and in other colleges and divisions throughout the university; ■ Pay range for the new position and the difference in the number of pay grades between the old position and the new position; ■ Qualifications of the individual versus qualifications of incumbents in the same job in the college or division; ■ External salary survey data, if it is available; and ■ Change in FLSA designation or overtime designation; i.e., a change from non-exempt job to an exempt job. The affected employee should not be notified of the proposed promotional increase amount until it has been approved by human resources. Position Re-evaluations: Employees whose jobs are re-evaluated to a higher pay grade may require adjustments to their base pay rates. Calculations of pay adjustments, if any, will normally be handled in the same manner as promotions. Any pay adjustment granted should raise an employee's pay to at least the minimum of the new pay range. Re-evaluating a classification to a lower pay grade will not normally result in a reduction to an employee's pay. Nonetheless, a downgrade will require that if the current pay of any employee is above the new maximum, the employee's pay will be "red-circled" and all increases will be withheld until the compensation level is equal to or less than the new maximum. Demotions: New base pay rates of employees who are demoted to jobs assigned to lower pay grades will be based primarily on the base pay rates of incumbents in the new P-26 Appendix 3 classification. A demotion may or may not result in a reduction in the employee's base pay rate. The new pay rate, however, must fall within the pay range of the new job. If the employee's pay falls above the maximum of the new pay range, the employee's pay must be reduced to at least the maximum of the pay range. All demotions require prior approval by the director of human resources. Lateral Reclassifications: Lateral reclassifications occur when job responsibilities have changed, but are similar in scope and responsibilities. The overall job requirements are comparable in the new job with the same pay grade as the old job. Normally, there will be no change to the base pay rate of an employee who is laterally transferred. Under extraordinary circumstances and in extremely rare situations, an employee may receive a salary increase on a lateral move. Any increase granted on a lateral move requires the approval of the director of human resources. Source of Authority: President Cross Reference: None Responsible for Implementation: Vice President for Finance and Administration Contact for Revision: Director of Human Resources Forms: Request for Position Evaluation form; Job Analysis Questionnaire (JAQ) P-27 Appendix 3 Copyrighted Works Reproduction (A-12) Original Implementation: 1979 Last Revision: February 3, 2005 January 29, 2008 The copyright law (17 U.S.C. §§ 101-1332) affects everyone involved in photocopy reproduction and all types of reproduction and/or use of other's works. The following guidelines provide general copyright information useful to the academic community. I. Public Copy Machines All public copy machines or public copy centers on campus must have a warning notice on or near each machine, which states that the responsibility for copyright infringement rests with the user. The use of printed copyright warnings transfers a portion of the responsibility for copyright compliance to the individual user. All employees who assist in making copies must comply with the fair use guidelines below. The law requires public copy machine users to follow these fair use guidelines II. General Fair Use Guidelines 1. Only the following copies may be made from copyrighted works: 2. A single copy of one or more chapters from a book, one or more articles from a periodical title, one or more short stories, essays, short poems, charts, graphs, diagrams, drawings, cartoons, or pictures, provided the amount of copying does not exceed 10% of the entire volume. 3. Copies in excess of this amount may be permissible in some circumstances under fair use. The following factors must be considered: a. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; b. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; c. the nature of the copyrighted work; and d. the effect of the use upon the potential market for or value of the copyrighted work. 4. Refer to 17 U.S.C. 504 (c)(2) within the copyright law. 5. A single copy of an excerpt from a musical work, provided the excerpt is less than 10% of the entire work and is less than a performable unit, such as a section, movement or aria. 6. A single copy of an entire work, provided a copy cannot be obtained at a fair price. P-28 Appendix 3 III. General Guidelines on Public Works Free use of materials not protected by copyright is permitted for public works. The presence or absence of a copyright notice is no longer of significance in determining what is a protected copyright or a public work. Older works published without a notice may be in the public domain, but for works created after March 1, 1989, absence of a notice is non-determinative. The following guidelines may be used to determine what constitutes a public work. 1. Works that lack originality (e.g., phone book) 2. Works in the public domain (no longer protected by copyright) 3. Free ware (must be expressly stated) 4. U.S. Government works 5. Facts 6. Ideas, processes, methods, and systems described in copyrighted work that is not otherwise protected by patents IV. Special Library Guidelines Libraries are authorized to exercise special rights in addition to fair use. These rights are described in Section 108 of the copyright law. They allow copying for archiving lost, stolen, damaged, or deteriorating works, making copies for library patrons, and making copies for other libraries' patrons (interlibrary loan). For works in the last 20 years of protection and not available at a reasonable price, more generous copying than indicated below may be performed provided the purpose of the copying is to support preservation, scholarship or research. 1. Copies made by library staff for patrons generally a. All of the general fair use requirements listed above apply for patron copying. b. Only single copies, and no multiple copies, will be made. c. Copy requests exceeding these limitations must be refused. 2. Copies made by library staff for reserve and for a faculty member's classroom use a. All of the general fair use requirements listed above apply for single or multiple copies. b. Multiple copying may not exceed one copy per student, and may not be repeated with respect to the same item by the same instructor from term to term. c. Copy requests exceeding these limitations must be refused. 3. Copies made by library staff for purposes of collection maintenance P-29 Appendix 3 A published work may be duplicated to replace a copy that is damaged, deteriorating, lost or stolen, provided that after a reasonable effort the library has determined that an unused replacement cannot be obtained at a fair price. An unpublished work may be duplicated for purposes of preservation or security or for deposit for research use in another library. 4. Interlibrary loan copying The library may annually acquire, through interlibrary loan, up to five copies of articles published in any title within the last five years. If a request exceeds the five articles permitted, the Access Services Interlibrary Loan/Document Delivery Services Department will apprise the patron of other options. 5. Digitizing other's works in electronic reserves a. Limit reserve materials to single articles or chapters; several charts, graphs or illustrations; or other small parts of a work 1. small part of materials required for the course 2. copies of material a faculty member or the library already possesses legally (i.e., by purchase, license, fair use, interlibrary loan, etc.) b. Include 1. any copyright notice on the original 2. appropriate citations and attributions to the source 3. a Section 108(f) (1) notice indicating that making a copy may be subject to copyright law. c. Limit access to students enrolled in the class and administrative staff as needed. Terminate access at end of class term. d. Obtain permission for repeated use of materials by the same instructor for the same class. Sections IV is concerned with copying that can be legally done without obtaining the copyright owner's permission. The library may not make copies in excess of the limits stated in the above sections without the permission of the copyright owner. It is the user's responsibility to obtain permission of the owner when such permission is needed. It is suggested that in requesting permission, the user state the purpose for the copying and the number of copies being requested. When the user presents evidence of the owner's permission, the library may copy within the limits of the permission statement. V. Guidelines for Coursepacks The General Fair Use Guidelines are applicable to coursepacks. Copyright notices, appropriate citations and attributions should be included. The faculty/staff member who compiles the coursepack materials shall be responsible for P-30 Appendix 3 complying with these guidelines. Permission must be obtained for materials that will be repeatedly used by the same instructor for the same class. Using a commercial copy shop does not necessarily relieve the coursepack creator of liability, unless the above guidelines are followed or the copy shop pays appropriate royalties. Campus copy centers are not permitted to copy coursepacks, unless these guidelines are followed. VI. Computer Software Only explicitly stated freeware, not shareware or other licensed software, is allowed to be freely used without a license. Appropriate licenses must be obtained for all other software use. The software user is responsible for reading and complying with all "shrink wrapped" or other license agreements. Other university computer use policies shall also apply. VII. Guidelines for Music The university maintains some general licenses for copyrighted music use with BMI and ASCAP for specific use areas (e.g., College of Fine Arts, Student Activities, etc.). Beyond those areas, use of music must be licensed or specific permission obtained. General guidelines for copying music are outlined below. 1. Limit copying as follows: a. sheet music, entire works: only for performances and only in emergencies b. sheet music, performable units (movements, sections, arias, etc.); only if out of print c. student performances, record only for teacher or institutional evaluation or student's portfolio d. sound recordings: one copy for classroom or reserve room use 2. Include a. any copyright notice on the original b. appropriate citations and attributions to the source c. a Section 108(f)(l) notice that making a copy may be subject to copyright law 3. Replace emergency copies with purchased originals if available VIII. Performances and Displays in Face-to-Face Teaching and Broadcasts Educational institutions and governmental agencies are authorized to publicly display and perform others' works in the course of face-to-face teaching activities, and to a limited degree, in broadcasts where there is a delayed transmission of faculty instruction. These rights are described in Sections 110(1) and (2) of the copyright law. IX. Performances and Displays in Distance Learning Sections 110 (1) and (2) of the copyright law outlined in section VIII of this policy may not cover fair use of the performance of others' works in online course P-31 Appendix 3 materials. The guidelines below incorporate these basic rules: small parts, limited times, and limited access are the keys to fair use. 1. Incorporate performances of others' works a. sparingly b. only if a faculty member or the institution possesses a legal copy of the work 2. Include a. any copyrighted notice on the original b. appropriate citations and attributions to the source c. a Section 108(f)(l) notice that making a copy may be subject to copyright law 3. Limit access to students enrolled in the class and administrative staff as needed. Terminate access at the end of the class term. 4. Obtain permission for materials that will be used repeatedly by the same instructor for the same class. X. Digitizing and Using Images for Educational Purposes First and foremost, if an image is readily available online or for sale or license at a fair price, point to, purchase, or license the image. If an image is not readily available online or for sale or license at a fair price, digitize and use the image in accordance with the following limitations: 1. Limit access to all images except "thumbnails" to students enrolled in the class and administrative staff as needed. Terminate access at the end of class term 2. "Thumbnails" are visual identification tools of a size and quality that makes them commercially useless. Since thumbnails are of no commercial value, fair use would permit their use without restriction. 3. Faculty members may also use these images at peer conferences. 4. Students may download, transmit and print out these images for personal study and for use in the preparation of academic course assignments and other requirements for degrees, may publicly display images in works prepared for course assignments, etc., and may keep works containing images in their portfolios. 5. Periodically review digital availability. If a previously unavailable image becomes available online or for sale or license at a fair price, point to or acquire it. XI. Digitizing and Using Other's Works in Multimedia Materials For Educational Purposes The CONFU Fair Use Guidelines for Educational Multimedia suggest that fair use requires adherence to specific numerical portion limits, that copies of the multimedia work that includes the works of others should be strictly controlled, P-32 Appendix 3 and that fair use "expires" after 2 years. The following general guidelines acknowledge that these are important considerations, but that the CONFU numerical limits do not constitute the outer limits of fair use. The guidelines below allow for the creation of unique works within the limitations provided, but not to make multiple copies and give them out. (Multimedia works which include the use of other's works and will be licensed, distributed or sold, must obtain appropriate permission from each applicable copyright holder.) 1. Students, faculty and staff may a. incorporate other's works into a multimedia work b. display and perform a multimedia work in connection with or creation of 1. class assignments 2. curriculum materials 3. remote instruction 4. examinations 5. student portfolios 6. professional symposia 2. Be conservative. Use only small amounts of other's works. 3. Provide appropriate acknowledgments to the work of others. 4. Do not make any unnecessary copies of the multimedia work. XII. Permission In all circumstances other than the specific fair use guidelines described above, permission must be obtained from the copyright holder. Advance planning is important to purchase, license or otherwise obtain appropriate permission for use of copyrighted material. XIII. Personal Liability Personal liability for copyright infringement can be created for willful acts. This policy has been formulated to provide specific guidance on the variety of circumstances where fair use is permissible. The copyright law provides a good faith fair use defense [17 USC 504 (c)(2)]. It applies only if the person who copied material reasonably believed that what he or she did was fair use. Adherence to this policy will help protect the SFA academic community from potential copyright liability. Recent federal legislation entitled the No Electronic Theft (NET) Act creates criminal penalties for non-commercial copyright infringement of a sufficient dollar value. The academic community must be aware that distribution of pirated computer software or other copyrighted material on computer bulletin boards or other methods of distribution may constitute a federal crime, regardless of P-33 Appendix 3 whether or not the infringer receives any financial gain. The Digital Millennium Copyright Act (DMCA) limits university liability as an internet service provider for certain copyright infringements created on-line. The university's registered agent for on-line copyright infringement complaints shall be the general counsel. The DMCA establishes procedures whereby, upon receipt of proper complaints, the University will block access to or take down allegedly infringing material and notify the web page owner of the complaint. The alleged infringer may issue a counter-notice, which includes a signature, description of removed material, explanation why the material did not infringe any copyright, and their name, address and phone number, with a consent to the jurisdiction of the court to be sued. Upon receipt of this counter-notice, the university shall re-post the material. Repeat infringers will be subject to termination of internet service by the university. See university policies, Computer and Network Security (D-8.1) and Digital Millennium Copyright Policy (D-42&2.) Further information can be obtained by accessing the webpage of the U.S. Copyright Office within the Library of Congress at: http://www. lcweb.loc.gov/copyright.govk You may also contact the university's general counsel with specific inquiries. Source of Authority Cross Reference: 17 U.S.C. Section 101 et seq.?; NET Act Pub.L.No. 105-147- Digital Millenium Copyright Act, Pub.L.No. 105-304, 112 Stat. 2860, 2905 (October 28, 1998)- CONFU Guidelines, Vice President for Academic Affairs University Policies, Computer and Network Security D-8.1, and Digital Millennium Copyright Policy D-42 Cross Ref crcnceResponsible for Implementation: University Policies, Computer and Network Security D 8.1, and Digital Millennium Copyright Policy D A2Provost/Vice President for Academic Affairs Contact for Revision: Director of University Libraries, General Counsel Forms: None P-34 Appendix 3 Effort Reporting and Certification for Sponsored Activities (A-68) NEW Original Implementation: January 29, 2008 Last Revision: None This policy establishes requirements for recording and reporting employee effort to comply with federal and state laws and regulations [Office of Management and Budget Circular A-21 and Texas Uniform Grant Management Standards II (B)(l l)(h)(l-5, 7)]. Effort reporting is a process that uses after-the-fact activity records to certify that only allowable payroll expenses are charged to or contributed (cost-shared or matched) to grants, contracts, and other sponsored agreements, and that effort commitments to sponsored agreements are met as specified in the agreement. A. Effort reports are required for faculty and staff who devote effort (paid or cost-shared) to one or more sponsored agreements that are funded by state or federal sponsors. B. Effort is defined as the amount of time spent on a particular activity and is not based on a traditional 40-hour work week. The total effort associated with institutional base salary is defined as 100% effort. This includes instruction, departmental administration, departmental research, sponsored projects, and other activities. Effort expended for extra compensation, such as salary supplements, stipends, or additional compensation as defined in SFA Policy E-9, or for work not compensated by the university is not included in effort calculations. C. Effort reports should reasonably reflect the activities for which employees are compensated by the institution. However, in the use of any methods for apportioning salaries, it is recognized that, in an academic setting, teaching, research, service, and administration are often inextricably intermingled. Therefore, a precise assessment of factors that contribute to costs is not always feasible, nor is it expected. Reliance, therefore, is placed on estimates in which a degree of tolerance is appropriate [OMB A-21, J.10.b.(l).(c)]. D. Tolerance is defined by the university as +/- five percent (5%) of the committed effort. Effort certification report adjustments may be required when: 1) certified effort does not match salary expenditures within the tolerance limit for the time period covered by the report; 2) there are payroll cost transfers; or 3) revised PARs are generated. E. Project directors (PDs) or principal investigators (Pis) are responsible for ensuring that effort certification reports are completed accurately and in a timely manner P-35 Appendix 3 for each individual subject to this policy and paid and or cost-shared from a grant, contract, or other state/federal sponsored agreement for which they serve as PD/PI. To confirm that the distribution of activity represents a reasonable estimate of the work performed by the employee during the period, reports will be signed by the employee, PD/PI, or other responsible person with suitable means of verification that the work was performed [OMB A-21, J.10.c.(2).(c)]. F. Effort certification reports are generated for individuals by payroll when any portion of a salary is paid or cost-shared in a reporting period from state of Texas and/or federally sponsored accounts. Completed forms are returned to the controller's office for review, filing, and retention. G. Effort attributed to any state/federal sponsored agreement (grant, contract, or cooperative agreement) must represent work specific to the agreement. Intentional falsification, forgery, or fraudulent alteration of effort certification reports constitutes fraud. Criminal and/or employee discipline measures may be pursued. Detailed procedures for effort reporting and certification; information on training; timelines for distribution, completion, and submission of effort reports; for modifications to salary charges based on variances between the estimated and actual effort; and for correction of effort reports are outlined in the Technical Assistance Manual published by the Office of Research and Sponsored Programs (ORSP). Cross Reference: ORSP Technical Assistance Manual; Office of Management and Budget Circular A-21; Texas Uniform Grant Management Standards II (B)(l l)(h)(l-5, 7); SFA Policy E-9, Salary Supplements, Stipends and Additional Compensation.. Responsible for Implementation: Provost and Vice President for Academic Affairs Contact for Revision: Director, Office of Research and Sponsored Programs; Controller Forms: Effort Certification Reports for Faculty and Salaried Employees P-36 Appendix 3 Employee Recruitment Plan (E-69) Original Implementation: February 3, 2005 Last Revision: NemJanuary 29, 2008 Stephen F. Austin State University's recruitment plan has been developed in accordance with principles designed to assure equal access to employment opportunities. These principles outline the intent and goals of the university's plan. Equal opportunity is the law of the land. In the public sector of our society this means that all persons, regardless of race, color, religion, sex, national origin, age or disability shall have equal access to positions in public service limited only by their ability to do the job. Vigorous enforcement of the laws against discrimination is essential. Equally important are affirmative, voluntary efforts to assure that positions in the public service are genuinely and equally accessible to qualified persons, without regard to their sex, racial or ethnic characteristics. Stephen F. Austin State University is committed to equal employment opportunities and strongly feels that increasing diversity should be a significant part of the hiring process. Employment discrimination and retaliation on the basis of race, color, national origin, sex, religion, age, mental or physical disability, shall be strictly prohibited. It is the policy of the university to comply fully with all state and federal laws prohibiting employment discrimination and relevant court decisions interpreting those laws as it implements its recruitment plan. The Texas Commission on Human Rights Act now codified in Chapter 461 of the Texas Government Code and Chapter 21 of the Texas Labor Code, passed the 68th Texas Legislature in Special Session, was signed into law July 7, 1983, and went into effect on September 1, \983on June 26, 1983. Section 21.001 of the Texas Labor Code, includes the following general purpose of securing for Texans, including persons with disabilities, freedom from discrimination in certain employment transactions, in order to protect their personal dignity. In keeping with the spirit of this general purpose of the Act, Stephen F. Austin State University affirms the following. It shall be the public policy of Stephen F. Austin State University not to discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, and age or disability status. Further, the university shall take all P-37 Appendix 3 necessary steps to ensure the employment and promotion of otherwise qualified classes who may be underrepresented in the agency's workforce. The university is committed to the principles of equal employment opportunity law and the spirit of equal access. Therefore, a written plan has been prepared to ensure that Stephen F. Austin State University's recruitment plan shall be properly implemented and no artificial barriers shall be intentionally or otherwise created to deny applicants or employees of the university's equal employment opportunities. The plan document is available in the human resources office for review by university employees, applicants, and to the general public on request. The Plan document is also available on the University's Internet Website: http://\\nv\rw.sfasu.edu/personnel/. PROGRAM RESPONSIBILITIES Being a results-oriented program, Stephen F. Austin State University's recruitment plan shall have the support of the president, board of regents, and other management or supervisory personnel. Therefore, specific responsibilities shall be assigned and delegated to university management personnel to ensure that the necessary authority is available to implement the provisions of the plan. The president shall have ongoing responsibility for establishing recruitment policies and monitoring the implementation of the recruitment plan through periodic program reports. Further, the president shall review annually for purposes of revision or modification the recruitment plan, workforce analysis, and personnel policy and procedural systems including, but not limited to, recruitment, selection, promotions, job descriptions, classifications, compensation, discipline, or other terms and conditions affecting the equal employment opportunities of applicants or employees because of race, color, national origin, religion, sex, age or disability status. The director of human resources shall be designated as the recruitment/affirmative action officer for the university with the authority for administering the recruitment plan. It shall be the responsibility of the director of human resources to ensure that compliance with the university's recruitment/affirmation action policies are implemented in an efficient and effective manner. The director of human resources shall provide periodic progress reports to the president outlining recruitment plan accomplishments and provide the necessary information required by the president for purposes of the plan's annual review. Specific procedures for the recruitment of faculty and staff can be found on the human resources website: http://www.sfasu.edu/personnel/ http://www2.sfasu. edu/versonnel/employment, html P-38 Appendix 3 PROGRAM GOALS 1. To ensure objectivity, consistency, uniformity and job relatedness through design and implementation of appropriate personnel policy and procedural systems that affects the equal employment opportunities of the university's employees and applicants for employment. 2. To ensure objectivity, consistency, uniformity and job relatedness through design and implementation of appropriate personnel policy and procedural systems that affects the equal employment opportunities of the university's employees and applicants for employment. MONITORING THE RECRUITMENT PLAN ACHIEVEMENT The director of human resources shall be responsible for administering Stephen F. Austin State University's recruitment plan and providing regular reports to the president. Utilizing such reports, the president shall monitor the implementation of the plan and identify any revisions necessary to assure effectiveness of the recruitment plan. Such reports may include the following: ■ Annual Recruitment Plan/EEO Progress Report: This narrative report shall include an itemized summary of the program's achievements, progress and underutilization with accompanying recommendations. ■ Annual Workforce Availability Analysis: The workforce availability analysis compares percentages of Caucasian Americans, African Americans, Hispanic Americans, females, and males within the statewide civilian workforce, by job category, to the percentages of Caucasian Americans, African Americans, Hispanic Americans, females, and males to the university's workforce and is to be prepared annually by the director of human resources. The director of human resources shall review new hire and workforce detail, as prescribed in Section 21.552 of the Texas Labor Code, to compile the legislative required Equal Employment Opportunity report. This report, along with the EEO-4 report comparing EEO and job categories, will provide a racial, ethnic, and gender profile of university personnel by job categories. These workforce profiles shall be compared to the available African Americans, Hispanic Americans, and females in the statewide civilian labor force to determine the exclusion or underutilization by each job category, as mandated by Section 21.501 of the Texas Labor Code. Any underutilization shall be noted and strategies for recruitment of qualified African Americans, Hispanic Americans, and females will be recommended to the president. ■ Position Statistics Report: HR shall maintain data which lists applicants by protected class and referral source used. The Position Statistics report will indicate P-39 Appendix 3 class representation of the university's applicant pool and if any measures need to be taken to include new referral sources. Universitv EEO Report: The human resources director shall maintain a report showing the university structure with employees by EEO job category to monitor the representation of classes within the university's labor force. Source of Authority: President Cross Reference: Affirmative Action Policy E-4 Responsible for Implementation: Vice President for Finance and Administration Contact for Revision: Director of Human Resources Forms: None P-40 Appendix 3 Faculty Development Leaves (E-23A) Original Implementation: April 26, 1983 Last Revision: July 17, 200Uanuary 29, 2008 Traditionally, a respected and successful means of enhancing instruction and research in colleges and universities is the faculty developmental leave for additional study or for research and writing. In recognition of the importance of such a program, the Texas Legislature in 1967 adopted legislation permitting such leaves for qualified persons and set forth guidelines for the awarding of them. The policy and procedures set forth herein by the board of regents stipulate the conditions under which such leaves may be granted to members of the Stephen F. Austin State University (SFASU) faculty. 1. This policy applies to full-time tenured or tenure track faculty or staff whose duties include teaching, research, administration, or the performance of professional services. The definition includes professional librarians but not classified employees. 2. ArfFaculty members shall be eligible by reason of service for a developmental leave at such time as he/she hasthey have served full time for at least three consecutive years, except for special circumstances, at Stephen F. Austin State \]mvsx$\\ySFASU in an academic position as defined above. 3. Not more than six percent of SFASU the-faculty members of Stephen F. Austin State University may be on faculty developmental leave at any one time. 4. Upon application by et-an eligible faculty member, the board of regents may grant a developmental leave of absence for field observations, research, study, writing, or other suitable purposescholarly/creative activities., provided that the applicant is eligible by reason of service, that the purpose for which he/she seeks the leave is one for which such a leave may be granted, and that the granting of the leave will not result in there being awarded a number of such leaves in excess of the limit imposed by law. 5. Applications for faculty developmental leaves shall be reviewed annually by the Faculty Development Leave Committee, which shall be elected by the faculty. The committee shall consist of eigh^elected, full-time faculty members, one from each academic college and one from the library. The term of election shall be for two years. Terms shall be staggered. The college <©ean shall appoint an appropriate substitute in situations when the elected member cannot serve. The committee shall determine the required format of applications and shall evaluate them. It shall make recommendations to the provost and vice president for academic affairs and the president for further recommendation to the board of regents. 6. An applicant for a developmental leave must provide adequate evidence that the leave activity can be appropriately completed. Such evidence may be (1) acceptance for admission to another institution of higher education for additional study or (2) assurance of accessibility to research materials. 7. A faculty developmental leave may be awarded for one long semester at full base salary or for two long semesters at half the base salary, half academic year at full P-41 Appendix 3 salary or for a full academic year at one half salary. Payment of salary may be made from the funds appropriated by the legislature specifically for that purpose, or from such other funds as might be available to the institution |
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