Minutes of Board of Regents of Stephen F. Austin State University. 2005, Volume No. 206

              Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
February 2 and 3,2005
Volume 206
TABLE OF CONTENTS
EXECUTIVE SESSION 2
A. REPORT ON PENDING LITIGATION 3
7. Flynnvs.SFASU 3
2. Green vs. SFASU. 3
B. PERSONNEL 3
1. Football Coaches 3
2. Associate Vice President of Alumni Affairs 3
3. Director Audit Services 5
C. REAL ESTATE 3
05-16 APPROVAL OF MINUTES 3
05-17 PERSONNEL 3
A. FACULTY APPOINTMENTS FOR 2004-2005 3
B. STAFF APPOINTMENTS FOR 2004-2005 4
C. CHANGES OF STATUS FOR 2004-2005 6
D. RETIREMENTS 8
E. VOLUNTARY MODIFICATION OF EMPLOYMENT 9
F. PROMOTIONS 9
G. ADMINISTRATIVE LEAVE FOR 2004-2005 9
05-18 ACADEMIC AND STUDENT AFFAIRS 10
A. FACULTY WORKLOAD REPORT FOR FALL 2004 10
B. LAST DAY CLASS REPORTS 10
C. KINESIOLOGY MASTER'S DEGREE NAME CHANGE 10
05-19 FINANCIAL AFFAIRS 10
A. STUDENT FINANCIAL AID FROM TUITION SET-ASIDES 10
C. BANNER SOFTWARE SYSTEMS 11
D. RESOLUTION TO REVIEW QUALIFIED INVESTMENT BROKERS AND FINANCIAL
INSTITUTIONS 11
E. RESOLUTION TO ACKNOWLEDGE REVIEW OF INVESTMENT POLICY AND
STRATEGY 11
F. HOUSING SOFTWARE PURCHASE 11
G. PURCHASE OF BAND UNIFORMS 11
H. APPROVAL FOR PURCHASE OVER $50,000 (STUDENT AFFAIRS - JACK CAMP) 11
05-20 BUILDINGS AND GROUNDS 12
A. BUILDINGS AND GROUNDS PROJECTS 12
B. ARCHITECT/ENGINEER PROJECT MANAGEMENT FIRM 12
C. REAL ESTATE PURCHASE 13
D. REQUEST FOR QUALIFICATIONS AND REQUEST FOR PROPOSALS 13
05-21 UNIVERSITY POLICIES AND PROCEDURES 13
REPORTS 13
A. FACULTY SENATE 13
B. STUDENT GOVERNMENT ASSOCIATION 13
C. PRESIDENT 13
Minutes of the Regular Meeting of the
Board of Regents of Stephen F. Austin State University
Nacogdoches, TX
February 2 & 3,2005
The Meeting of the Board of Regents was called to order at 2:10 p.m., Wednesday,
February 2, 2005 by Chairman Fred Wulf.
PRESENT:
Board Members: Margarita de la Garza Grahm
Valerie Ertz
Joe Max Green
Kenneth James
Gary Lopez
Paul Pond
Lyn Stevens
Mike Wilhite
Fred Wulf
President: Tito Guerrero
Vice-Presidents: Mary Cullinan
Baker Pattillo
Roland Smith
General Counsel: Yvette Clark
SFA administrators, staff, and visitors
ABSENT:
Vice President: Jerry Holbert
Fred Wulf, chair of the board called for an executive session at 2:15 p.m. to discuss
the items listed below under "Executive Session." The board reconvened in open
session at 4:20 p.m. and adjourned for the day at 4:25 p.m.
EXECUTIVE SESSION
A. REPORT ON PENDING LITIGATION
1. Flynn vs. SFASU
2. Green vs. SFASU
B. PERSONNEL
1. Football Coaches
2. Associate Vice President of Alumni Affairs
3. Director Audit Services
C. REAL ESTATE
The Board reconvened at 9:03 a.m. on Thursday February 3, 2005. The Board
recognized the Men's Cross Country team, Women's Volleyball team and Women's
Soccer team for their respective championship seasons. The Board also recognized
the Fine Arts department, under their theme of "Extending the Influence of SFA
Beyond our Borders." They recognized Piero Fenci and the students from Chihuahua
(Art); Ron Anderson, Mark Turner, and Roni Lias, who have developed the Texas
School Music Project (Music); and Clarence Bahs, Alan Nielsen, and the Rose
Bruford students (Theatre).
APPROVAL OF MINUTES
05-16
Upon motion of Regent Wilhite seconded by Regent Ertz, with all members voting aye, it
was ordered that:
The minutes of October 14, 2004 and November 19, 2004 board meetings be
approved.
PERSONNEL
05-17
Upon motion of Regent Pond seconded by Regent Green, with all members voting aye, it
was ordered that:
The Following Personnel Items be approved:
A. FACULTY APPOINTMENTS FOR 2004 - 2005
1. Liberal Arts
a) Dr. J. Dwight Hines, Visiting Assistant Professor of
Anthropology, M. A. (University of California), at a salary of
$19,600 for 100 percent time for five months, effective
January 10,2005.
2. Sciences & Mathematics
a) Ms. Dorothy Selman, Clinical Instructor, B.S. (Stephen F.
Austin), at a salary of $33,600 for 100 percent time for eight
months, effective October 1, 2004.
3. Education
a) Dr. Lee Stewart, Assistant Professor of Secondary Education,
Ph.D. (Baylor University), at a salary of $46,500 for 100
percent time for nine months, effective January 2, 2005.
4. Forestry
a) Dr. Christopher E. Comer, Assistant Professor of Forestry,
Ph.D. (University of Georgia), at a salary of $20,000 for 100
percent time for five months, effective January 15, 2005.
B. STAFF APPOINTMENTS FOR 2004 - 2005
1. Admissions
a) Toni Chandler, Regional Admissions Counselor, at a salary of
$29,898 for 100% time effective October 11, 2004 for 12 months.
b) Jeffrey M. Stevens, Admissions Counselor, at a salary of $24,000
for 100% time effective October 07, 2004 for 12 months.
2. Audit Services
a) Gina Oglesbee, Director of Audit Services, at a salary of $68,000
for 100% time effective March 1, 2005 for 12 months.
3. Alumni Affairs
a) James M. Jeter, Associate Vice President, at a university salary of
$110,000 for 100% time effective January 17, 2005 for 12 months.
4. Applied Arts and Sciences
a) Jeannie M. Lafferty, Outreach Coordinator, at a salary of $34,500
for 100% time effective October 7, 2004 for 12 months.
5. Art
a) Shannon L, Bailey, Director, at a salary of $40,000 for 100% time
effective September 1, 2004 for 12 months.
6. Athletics
a) Mr. Gerald Broussard, Assistant Football Coach, at a salary of
$60,000 for 100% time for 10.5 months, effective January 11,
2005.
b) Mr. Matthew Graves, Assistant Football Coach, at a salary of
$52,000 for 100% time for 10.5 months, effective January 5, 2005.
c) Mr. James C. Harper, Assistant Football Coach, at a salary of
$62,000 for 100% time for 10.5 months, effective December 15,
2004.
d) Mr. Robert McFarland, Head Football Coach, at a salary of
$110,000 for 100% time for twelve months, effective December
13,2004.
e) Mr. Arlington Nunn, Assistant Football Coach, at a salary of
$55,000 for 100% time for 10.5 months, effective January 17,
2005.
f) Mr. Jay Rodgers, Assistant Football Coach, at a salary of $50,000
for 100% time for 10.5 months, effective January 10, 2005.
g) Donald D. Watson, Head Baseball Coach, at a salary of $50,000
for 100% time effective September 7, 2004 for 12 months.
7. Education
a) Dr. William E. Wilson, Project Coordinator, M.Ed. (University of
Southern Mississippi), at a salary of $38,000 for 100 percent time
for twelve months, effective November 10, 2004.
8. Financial Services
a) Nelda S. Jordan, Budget Analyst, at a salary of $28,044 for 50%
time effective November 1, 2004 for 10 months.
9. Forestry
a) Ms. Jo Treadaway, Co-Director of Piney Woods Conservation
Center, at a salary of $30,100 for 100% time effective September
4, 2004 for 12 months.
10. Intramurals
a) Mr. Bryan Bradbury, Intramural Supervisor, at a salary of $23,646
for 100% time for 9 months, effective January 17, 2005.
11. Liberal Arts
a) Mr. David Barfield, GIS Project Specialist of Political Science and
Geography, at a salary of $25,000 for 100 percent time for twelve
months, effective September 1, 2004.
12. Public Affairs
a) Donna L. Parish, Editorial Coordinator, at a salary of $31,400 for
100% time effective October 11, 2004 for 12 months.
13. Telecommunications & Networking
a) James E. Keen, Network Support Specialist I, at a salary of
$33,953 for 100% time effective October 25, 2004 for 12 months.
C. CHANGES OF STATUS FOR 2004 - 2005
1. Academic Advising
a) Tricia A. Lance, from Administrative Assistant at a salary of $21,405
for 100% for 12 months to Academic Advisor at a salary of $28,000
for 100% for 12 months, effective October 1, 2004.
2. Applied Arts & Sciences
a) Mr. Stephen Patrick Jeffcoat, from Lecturer at a salary of $35,192 for
100 percent time for nine months to Instructor of Forensics at a salary
of $35,192 for 100 percent time for nine months, effective September
1,2004.
3. Art
a) Ronald J. King, from Graduate Assistant at a salary of $1,500 for 50% for 2
months to Art Shop Supervisor at a salary of $30,000 for 100% for 9
months, effective September 1, 2004.
4. Athletics
a) Mr. Hiram Robert Walker, from Assistant Football Coach at a salary
of $60,206 for 100% for 10.5 months to continue as Assistant Football
Coach at a salary of $60,206 for 100% for 10.5 months, effective
February 1,2005.
5. Business
a) Dr. Aileen Smith, from Temple-Inland Employees Distinguished
Professor at a salary of $80,852 for 100 percent time for nine months
to Temple-Inland Employees Distinguished Professor at a salary of
$82,852 for 100 percent time for nine months, effective September 1,
2004.
6. Counseling and Career Services
a) Mr. Antonio Mitchell, from Tech Support Specialist II at a salary of
$28,188 for 100% for twelve months to Assistant Director of Career
Services at a salary of $35,334 for 100% time for twelve months,
effective January 1, 2005.
7. Housing
a) Ms. Sarah Hardy, from Housing Office Administrator at a salary of
$24,860 for 100% for twelve months to Manager of Housing
Administration at a salary of $32,318 for 100% time for twelve
months, effective December 13, 2004.
8. Intramurals
a) Jason Saladiner, from Intramural Supervisor at a salary of $31,527 for
100% time for 9 months to Associate Director at a salary of $49,140 for
100% time for 12 months, effective December 1, 2004.
9. Liberal Arts
a) Dr. Allen Richman, from Professor of History & Associate Dean of
Liberal Arts at a salary of $86,042 for 100 percent time for twelve
months to Director of School of Honors at a salary of $88,034 for 100
percent time for twelve months, effective November 1, 2004.
10. Forestry
a) Dr. Shiyou Li, from Research Specialist at a salary of $54,477 for 100
percent time for twelve months to Research Scientist, at a salary of $54,477
for 100 percent time for twelve months, effective September 1, 2004.
b) Mr. David Treadaway, from Director of Piney Woods Conservation Center
at a salary of $40,424 for 100 percent time for twelve months, to Co-
Director of Piney Woods Conservation Center at a salary of $30,100 for
100 percent time for twelve months, effective September 1, 2004.
c) Zhi Z. Zhang, from Research Associate at a salary of $32,760 for 100
percent time for twelve months, to Research Scientist at a salary of $32,760
for 100 percent time for twelve months, effective September 1, 2004.
11. Science & Mathematics
a) Dr. LaRell Nielson, from Professor of Geology at a salary of $54,779
for 100 percent time for nine months to Interim Chair and Professor of
Geology at a salary of $45,791 for 100 percent time for seven months,
effective January 1, 2005.
12. Telecommunications & Networking
a) Mary T. Joy, from Network Support Specialist III at a salary of $37,836 for
100% time for 12 months to Network Support Specialist III at a salary of
$39,636 for 100% time for 12 months, effective December 1, 2005.
b) Preston McMullen, from Network Support Specialist I at a salary of $29,500 for
100% time for 12 months to Network Support Specialist I at a salary of $31,300
for 100% time for 12 months, effective December 1, 2005.
c) James E. Keen, from Network Support Specialist I at a salary of $33,953
for 100% time for 12 months to Network Support Specialist I at a salary of
$35,753 for 100% time for 12 months, effective December 1, 2005.
d) Richard M. Kennedy, from Network Support Specialist II at a salary of
$42,487 for 100% time for 12 months to Network Support Specialist III at
a salary of $44,287 for 100% time for 12 months, effective November 5,
2004.
D. RETIREMENTS
1. Art
a) Eloise C. Adams, Director, effective August 31, 2004.
2. Career/Counseling
a) V. David Crippen, Assistant Director, effective December 23, 2004.
3. Geology
a) William P. Roberts, Professor/Chair, effective December 31, 2004.
4. Library
a) Alvin C. Cage, Director, effective February 28, 2005.
E. VOLUNTARY MODIFICATION OF EMPLOYMENT
1. Sciences & Mathematics
a) Dr. Thomas Atchison, Dean of College of Sciences &
Mathematics, effective fall semester, 2005.
2. Liberal Arts
a) Dr. Archie McDonald, Professor of History, effective fall semester,
2005.
b) Dr. Robert Mathis, Professor of History, effective fall semester,
2005.
F. PROMOTIONS
Professor Emeritus
Dr. James E. Corbin, Anthropology
G. ADMINISTRATIVE LEAVE FOR 2004-2005
1. Social Work
a) Dr. Sharon Templeman, Assistant Professor of Social Work,
Fulbright Scholarship Leave of Absence, effective January
18, 2005 to May 31, 2005.
ACADEMIC AND STUDENT AFFAIRS
05-18
Upon motion of Regent James seconded by Regent Green, with all members voting aye,
it was ordered that:
The following Academic and Student Affairs Items be approved:
A. FACULTY WORKLOAD REPORT FOR FALL 2004
B. LAST DAY CLASS REPORTS
C. KINESIOLOGY MASTER'S DEGREE NAME CHANGE
The existing graduate major (M.Ed.) in Physical Education degree be changed to
Kinesiology.
FINANCIAL AFFAIRS
05-19
Upon motion of Regent Ertz seconded by Regent de la Garza-Grahm, with all members
voting aye, it was ordered that:
The following Financial Affairs Items be approved:
A. STUDENT FINANCIAL AID FROM TUITION SET-ASIDES
Funding of the following programs from the locally-retained tuition set aside:
• a need based grant program identified as the SFASU Lumberjack Grant.
These grants will fund students that are underserved by other grant programs.
Eligibility for the SFASU Lumberjack Grant will target students who are not
now eligible for federal or most state grants, but who demonstrate significant
need for financial assistance;
• additional need-based student scholarships;
• matching funds for student financial aid programs;
• funds for student emergency loans for books and supplies.
B. ASBESTOS-ABATEMENT CONTRACTS
Arrow Services be selected as the primary asbestos-abatement contractor.
The administration also recommends that ARC Abatement be selected as a
secondary asbestos-abatement contractor, approved for a blanket contract for
asbestos abatement as needed. Contracts will be awarded for one year with
two annual renewals, subject to administrative approval. The President is
authorized to sign the contracts.
C. BANNER SOFTWARE SYSTEMS
The University was authorized to initiate Banner training beginning during
Spring 2005 at a cost not to exceed $200,000. Funds for the training project
will be allocated from HEAF balances for projects to be completed in FY
2006 and later. The FY 2006 budget process will restore those project funds
by reducing planned funding for the Banner conversion by the amount
expended in the Spring and Summer of 2005.
D. RESOLUTION TO REVIEW QUALIFIED INVESTMENT BROKERS AND
FINANCIAL INSTITUTIONS
E. RESOLUTION TO ACKNOWLEDGE REVIEW OF INVESTMENT
POLICY AND STRATEGY
F. HOUSING SOFTWARE PURCHASE
Approval was given for the purchase of a new Housing software program
which will integrate with the current and future SCT software and which will
not exceed $110,000. The president was given permission to sign any
contracts associated with the purchase.
G. PURCHASE OF BAND UNIFORMS
Approval New uniforms be ordered at an estimated cost not to exceed
$140,000, and that the President was authorized to sign the purchase order.
H. APPROVAL FOR PURCHASE OVER $50,000 (STUDENT AFFAIRS -
JACK CAMP)
The President authorized to approve contracts between the University and
Camp Olympia in excess of $50,000 necessary for the production of the 2005
sessions of Jack Camp.
BUILDINGS AND GROUNDS
05-20
Upon motion of Regent Wilhite seconded by Regent Pond, with all members voting aye,
it was ordered that
The following Buildings and Grounds Items be approved:
A. BUILDINGS AND GROUNDS PROJECTS
• Complete pens and fencing at the equine center at a cost not to exceed
$112,500. The source of funds is HEAF.
• Pave area around equine center at a cost not to exceed $40,000. The
source of funds is HEAF.
• Demolish Unit III residence hall in preparation for new residence hall
construction at a cost not to exceed $156,757, including $39,450 for
asbestos removal. The source of funds is Pledged Auxiliary Bond
Proceeds.
• Remove Starr Apartments in preparation for capital construction project
consistent with strategic plan. The source of funds is Pledged Auxiliary
Bond Proceeds.
• Authorize F&S Partners to develop plans for tennis courts to replace those
to be demolished as part of the student recreation center project. The
source of funds is Pledged Auxiliary Bond Proceeds.
• Build new exterior fence at the Walter C. Todd Agricultural Research
Center at a cost not to exceed $105,000. The source of funds is HEAF.
• Address Phase I of fire safety issues resulting from the State Fire
Marshal's campus inspection. The Phase I cost is estimated not to exceed
$250,000. Cost of the remaining phases is unknown but total cost to
implement the State Fire Marshal's recommendations is in excess of $1.0
million. The source of funds is HEAF and Designated.
• Remove asbestos from portion of University Center to be demolished,
including required air monitoring and supervision at a cost not to exceed
$65,000. The source of funds is Pledged Auxiliary Bond Proceeds.
• Replace air handlers in Kennedy Auditorium at a cost not to exceed
$150,000. The source of funds is HEAF.
B. ARCHITECT/ENGINEER PROJECT MANAGEMENT FIRM
Broaddus & Associates be authorized to provide the necessary planning,
procurement, and oversight services to support residence hall projects.
Approved to develop the Clark Apartments-Wilson Hall project and to
follow through to the schematic design phase at a cost not to exceed
$238,000 plus reimbursable expenses.
C. REAL ESTATE PURCHASE
The University was authorized to purchase Lot 16 I. L. Sturdevant
Subdivision otherwise known as 119 Feazell Street as authorized by
Chapter 101, Sections 95.31 and 95.33 of the Texas Education Code,
subject to approval by the Texas Higher Education Coordinating Board.
The price is $92,000 plus closing costs. The President was authorized to
sign necessary documents. The source of funds is Pledged Auxiliary.
D. REQUEST FOR QUALIFICATIONS AND REQUEST FOR
PROPOSALS
Broaddus & Associates was authorized to develop a list of qualified
design-build firms to be considered for the Clark Apartments-Wilson Hall
project. The recommended firms will be asked to submit design-build
proposals for the project to the University. The Board's Buildings and
Grounds Committee will interview respondents for recommendation to the
full Board for approval.
UNIVERSITY POLICIES AND PROCEDURES
05-21
Upon motion of de la Garza-Grahm seconded by Regent Ertz, with all members voting
aye, it was ordered that:
The policy revisions, except for Policy E-61 which was removed, and the updated
Board Rules and Regulations shown respectively in Appendix No. 5 and
Appendix No.6 be approved.
The Chair, Fred Wulf, named Joe Max Green, Valerie Ertz and Margarita de la Garza-
Grahm to the nominating committee with Regent Green serving as chair.
The meeting was adjourned at 11: 02 a.m. by chairman, Fred Wulf.
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.
Neuberger Berman
Fayez Sarofim & Co.
John A. Levin & Co
Lazard Asset Management
Franklin Private Client Group, Inc.
MLIM L.P. Relative Value
Furman Selz Capital
NFJ Investment/PIMCO Allianz
WHEREAS, the following firms are approved financial institutions:
Citizen's First Bank
Commercial Bank of Texas
First Bank and Trust East Texas
BancorpSouth
Region's 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 February 2& 3, 2005 meeting of the Board.
THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
Fred Wulf, Chair
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 February 2 & 3, 2005; and
BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the
minutes of the February 2& 3, 2005 meeting of the Board.
Atte
J
FrecTWulf, n Stevens, Secretary
Appendix No. 5
RULES AND REGULATIONS
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
RULES AND REGULATIONS
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
(Amended February 3, 2005)
1. Composition of Board
The Board of Regents, Stephen F. Austin State University, is composed of nine
members who are appointed by the Governor of Texas, with the advice and consent of the
Senate. Three members of the Board are appointed biennially to serve for terms of six
years.
The Board is charged with the responsibility of performing those duties which are
delegated to it by the Legislature. The Board has no authority except as delegated to it by
law.
Knowledge of the limitations of its authority is imputed to all persons, firms and
corporations dealing with the Board.
2. Office of the Board of Regents
The Office of the Board of Regents is located in the Austin Building, Room 308.
The mailing address is PO Box 13026 - SFA Station, Nacogdoches, TX 75962-3026.
The office is staffed by the Assistant to the Board of Regents.
3. Setting of Meetings
The Board of Regents shall convene annually in Nacogdoches, Texas, in the
month of April, which meeting shall be known as the Annual Meeting.
All meetings of the Board shall conform to the terms of the Texas Open Meetings
Act, Ch. 551 Tx Gov Code. Regular meetings of the Board shall be held quarterly at
such time and place as a majority of the Board shall determine. The Board shall set
regular quarterly meeting dates one year in advance, which may be changed by consensus
of the Board due to unanticipated needs. Special meetings of the Board may be called by
the Chair, or by a majority of the members of the Board. Telephone conference meetings
may be called when circumstances dictate that immediate action would be in the best
interest of the University or when it is difficult or impossible to convene a quorum in a
single location. Telephone conference meetings shall be restricted to special meetings of
the Board.
All meetings of the Board of Regents shall be open to the public. Executive
sessions of the Board may be held with the consent of a majority of those members
present and as authorized by law.
Appendix No. 5
A majority of the members of the Board shall constitute a quorum. Proxies shall
not be recognized. No formal action shall be taken by the Board in the absence of a
quorum.
4. Designation of Officers
The Officers of the Board shall include a Chair, a Vice Chair, a Secretary, and
such other officers as may from time to time be elected or appointed.
5. Election of Chair and Authorization of Duties
At the Annual Meeting of the Board, and as the last order of business, there shall
be elected from the membership of the Board a Chair, who shall take office immediately,
and shall serve through the next Annual Meeting.
No member shall serve more than two consecutive terms as Chair unless the
members shall re-elect such member for each term after the two consecutive terms by a
vote of at least six (6) members.
In the event of a Chair's death or resignation, the Vice Chair shall serve as Chair
of the Board until the next Annual Meeting.
The Chair of the Board shall preside at all meetings of the Board which he/she
attends.
He/she will be responsible for the agendas of the meetings of the Board. He/she
shall have the authority to call special meetings of the Board, as herein provided. He/she
shall be an ex officio member of all committees of the Board. He/she shall deliver to
each new Board member immediately upon such person's appointment by the Governor a
copy of the Regents' Rules and Regulations and a copy of the organization of principal
administrative offices of the University.
Parliamentary procedure in Board meetings will conform to Roberts' Rules of
Order Revised when not in conflict with Board rules.
The Chair shall, in the name of the Board, formally execute all contracts and
documents authorized by resolutions of the Board unless otherwise authorized to be
signed by the President, and perform such other duties as are generally imposed on a
Chair of the Board.
6. Election of Vice Chair and Authorization of Duties
A Vice Chair shall be elected from the membership of the Board immediately
following the election of a Chair and shall take office upon election as the last order of
business and shall serve through the next Annual Meeting.
No member shall serve more than two consecutive terms as Vice Chair unless the
members shall re-elect such member for each term after the two consecutive terms by a
vote of at least six (6) members.
Appendix No. 5
The Vice Chair shall preside over meetings of the Board in the absence of the
Chair, and shall succeed to the rights and powers of the Chair in the event he/she is
absent from the state or is unable to act because of disqualification, or because of
physical disability as determined by the Board. The Vice Chair shall perform such other
duties as may be delegated to him/her by the Board.
In the event of the death, resignation, or assumption of Chair duties by the Vice
Chair, the Secretary shall serve as Vice Chair until the next Annual Meeting.
7. Election of Secretary and Authorization of Duties
The Board shall select a Secretary from the membership of the Board,
immediately following election of a Vice Chair, who shall take office at the end of the
Annual meeting and who shall serve through the next Annual meeting. The Secretary
shall ensure that preparation for all meetings of the Board, including such notices as
required by law are made. The Secretary shall attend all open meetings of the Board and
ensure that accurate records of all open meetings are kept. He/she shall ensure that all
parties affected by the actions of the Board are notified. He/she shall provide oversight to
the Assistant of the Board who shall be responsible for all records of the Board and all
documentary files thereof. He/she shall ensure that the Assistant to the Board keep the
official copy of the Regents' Rules and Regulations. Said copy shall contain all current
rules and regulations as set by the Board of Regents. Any changes or additions thereto
shall be entered in the official copy and such changes and additions shall be furnished
members of the Board and officers of the University as designated by the President. The
Assistant to the Board shall assist the Secretary in performing the duties of his/her office.
8. Committees of the Board
The Chair of the Board shall appoint at the Annual Meeting of the Board of
Regents or soon thereafter all committee members and shall designate a Chair of each
committee except as otherwise provided herein.
7.1 The Executive Committee shall consist of the Chair of the Board, the Vice
Chair of the Board, and one other member appointed by the Chair. Two
members present shall constitute a quorum. The Chair of the Board shall
serve as Chair of this committee. This committee shall review and make
recommendations to the full Board on any matter related to the
governance, control and direction of the policies of the University.
7.2 The Academic and Student Affairs Committee shall consist of three
members. This Committee shall consider:
(1) the curricula of the various colleges and departments of the
University with any other matters dealing with academic programs
and the progress thereof;
(2) the research programs within the University and their relationship
to all graduate education;
(3) student affairs within the University;
Appendix No. 5
(4) personnel matters within the University.
The Committee shall summarize facts and present alternatives as
necessary.
7.3 The Building and Grounds Committee shall consist of three members.
This committee shall consider:
(1) use and occupancy of University property;
(2) planning of, locating of, receiving bids for, awarding contracts for,
construction of, and maintenance of buildings, utilities, and other
physical facilities of the campus.
The Committee shall summarize facts and present alternatives as
necessary.
7.4 The Finance Committee shall consist of three members. This Committee
shall consider:
(1) the budgeting and appropriations request processes;
(2) all requests for appropriations and budgets covering expenditures
of educational and general funds and auxiliary programs,
including, but not limited to, student housing, the athletic
department, and the bookstore;
(3) handling of University funds, depositories, etc., whether from
appropriated or contributed funds.
The Committee shall summarize facts and present alternatives as
necessary.
7.5 The Nominating Committee shall consist of three members. This
committee shall be appointed annually at the January Meeting by the
Chair for the purpose of nominating Board officers for election at the
April Meeting.
7.6 The Chair of the Board and/or not less than six members thereof at a
meeting of the Board of Regents may at any time appoint special
committees, name the members thereof and designate the chairmen. Any
special committee so created shall be temporary and shall be charged in
writing as to its particular duties and functions and the period in which it is
to serve. Action by the Chair of the Board and/or six such members will
be required to extend this period.
9. Prohibiting Contracting with Board Members
The Board of Regents shall approve no contract or agreement of any character in
which a member of the Board, directly or indirectly, has a pecuniary interest, without
prior advice of the General Counsel. Regents must self disclose potential direct or
indirect pecuniary interests in matters pending before the Board of Regents.
10. Election of University President
Appendix No. 5
Annually when the budget is passed, the Board of Regents shall elect the
President of the University by affirmative vote of a majority of its members. The
President of the University shall hold office without fixed term and at the pleasure of the
Board. The President shall not have tenure as President, but may hold tenure as a
member of the faculty of the University when such tenure has been approved by the
Board. The President's salary shall be designated in the appointing order.
In case a change in the presidency is made, the Board will accept for
consideration suggested nominations from a screening committee representing the Board,
the faculty, the staff, the Alumni Association, the community, and the student body,
which committee shall be selected by a majority vote of the Board of Regents
11. Authority, Duties, and Responsibilities of the University President
The President shall be responsible for developing and maintaining excellence and
efficiency within the University.
The President shall be answerable to the Board of Regents and shall have
discretionary powers broad enough to effectively administer the University within the
policies and guidelines as set forth by the Board of Regents. The President shall have
such powers as may be from time to time delegated by the Board.
The President shall be prepared to make recommendations to the Board on
University matters which require Board approval.
The President shall be responsible for carrying out all Board orders affecting the
University.
The President shall interpret the Board's policies to the faculty and staff and
interpret the University's programs and needs to the Board. The President shall at all
times also represent and interpret the University's programs, needs and interests to the
public.
The President shall recommend appropriate operating budgets and supervise
expenditures under approved budgets.
The President shall nominate to the Board the appointment and reappointment of
all members of the faculty and administrative officers and recommend such individuals
for promotion, retention, or dismissal.
The President shall develop and maintain efficient personnel programs for all
employees, including faculty and administrative officers.
The President shall ensure efficient management of business affairs and physical
property and shall recommend additions and alterations to the physical plant.
The President shall assume active leadership in developing private fund support for
the University.
Without prior notice or hearing, the President of the University may suspend
without pay and immediately remove from the University or assign to other duties with
pay any employee, and suspend and immediately remove from the University any
student, that: (1) poses a continuing danger to persons or property; (2) disrupts the
orderly operation of the University; (3) endangers the education of students; (4) has
been convicted by a trial court of any felony or a crime of moral turpitude. The President
Appendix No. 5
shall, as soon as possible, notify the General Counsel of such action. In such cases the
President will set a hearing before the appropriate administrator or committee on the
employee's or student's case as soon thereafter as is practicable unless otherwise waived
by the employee or student.
The President shall have the ultimate responsibility for the proper administration of
all University contracts, agreements, or purchases which are delegated to the President
under the Board's policy.
The President is authorized to accept grants and contracts and enter into
agreements involving the furnishing of educational services with the various agencies of
the Federal and State Governments, Foundations, and private corporations and is
authorized to advance funds as necessary to finance federal grants and contracts which
are on a reimbursement basis provided the University will be reimbursed by the agencies
for any cost resulting from such grants or contracts.
12. Election and Duties of General Counsel
Annually when the budget is passed, the Board of Regents shall elect the General
Counsel by affirmative vote of a majority of its members. The General Counsel shall
hold office without fixed term and at the pleasure of the Board. The General Counsel's
salary shall be designated in the appointing order.
The General Counsel shall be responsible for all legal advice on all matters
related to the University. He/she shall be responsible for all legal matters with local,
state, and federal agencies and officials.
The General Counsel shall work in cooperation with the Attorney General of the
State of Texas, legal counsel engaged in private practice and other legal counsel for
agencies of the State of Texas concerning matters that may affect the University. He/she
shall monitor all lawsuits brought against or for the University and assist the Attorney
General's office in the preparation, trial, and appeal of lawsuits involving the University.
The General Counsel shall review all contractual obligations entered into by the
University. He/she shall make legislative interpretations and be responsible for the
compilation of all legislative statutes affecting the University. He/she shall be
responsible for the determination of student residency classification on appeal. He/she
shall perform such other duties which are generally incumbent upon a general counsel of
like boards or which shall be delegated to him/her by the Board or the President of the
University.
13. Election and Duties of the Director of Audit Services
Annually when the budget is passed, the Board of Regents shall elect the Director
of Audit Services by affirmative vote of a majority of its members. The Director of
Audit Services shall hold office without fixed term and at the pleasure of the Board. The
Director's salary shall be designated in the appointing order.
Appendix No. 5
The Director of Audit Services shall assist the Board in carrying out its oversight
responsibilities as they relate to the University's a) financial and other reporting
practices, b) internal control, and c) compliance with laws, regulations, and ethics.
The Director of Audit Services shall report on a day-to-day and functional basis to
the President of the University. The Director of Audit Services shall periodically
communicate directly with the Finance Committee Chair. It is important that the
University auditor be independent of the chief financial and/or accounting officers to
ensure independent review of the internal control structure and the financial reporting
process.
The Director of Audit Services shall work in cooperation with the State Auditor's
Office, independent auditors engaged in private practice, and other auditors for entities of
the State of Texas concerning matters that may affect the University.
The Director of Audit Services shall annually submit information on the annual
audit plan, work schedule, and staffing plan to the President for his review and to the
Board of Regents for their approval. The Director shall submit an annual report as
required by Art. 6252-5d, V.T.C.S., recodified at Government Code, Chapter 2102. The
annual report shall be submitted to the President and the Board for review prior to public
dissemination.
14. Election and Duties of the Assistant to the Board of Regents
Annually when the budget is passed, the Board of Regents shall elect the
Assistant to the Board of Regents by affirmative vote of a majority of its members. The
Assistant to the Board of Regents shall hold office without fixed term and at the pleasure
of the Board. The Assistant to the Board of Regents' salary shall be designated in the
appointing order.
The Assistant shall manage the Office of the Board of Regents to assist in the
administration of the responsibilities of the Board and facilitate the role of each Regent in
the discharge of his or her responsibilities.
The Assistant shall use discretion and independent judgment in establishing
reporting mechanisms for the Board, shall work directly with the Regents, President, and
General Counsel on a routine basis, shall track information needs of the Board including
monitoring of legislative bills during session, shall work as the campus liaison for the
university's honored guests, including Legislators, commencements speakers, and other
dignitaries.
The Assistant's other responsibilities shall include taking, preparing and
distributing meeting minutes; preparing and distributing meeting agendas; filing open
meeting notices; notifying Board members of all meeting dates; administering all
communications and correspondence for the Board; planning meetings, workshops, and
retreats for the Board; making travel arrangements for Board members; maintaining a
calendar for the Board; keeping Board members apprised of upcoming events; ensuring
appropriate Board representation at functions; maintaining current Board address list;
developing and maintaining Board of Regent's web page.
Appendix No. 5
15. Employees Reporting to the Board of Regents
From time to time, the Board of Regents may employ other individuals who
report directly to the Board of Regents. Such employees shall hold office without fixed
term and at the pleasure of the Board. The salary of such employees shall be designated
in the appointing order. Performance reviews may be conducted by the Board within its
discretion.
16. Report or Agenda for Meetings
At all regular or special meetings of the Board, the President of the University
shall submit a President's Report in writing. Such reports shall follow a uniform format
approved by the Board, with the proposed form of recommended Board orders set out in
the first section of the report, followed by sections on faculty and staff, budgetary items,
contracts, curriculum, miscellaneous items and explanation. The latter section of the
report shall set forth in reasonable detail an explanation of each proposed Board order or
recommendation. All Board orders proposed in a President's Report shall be drafted with
clarity and brevity to reflect, without the need to refer to extraneous sources, the precise
action ordered by the Board in each instance. The drafting of multifarious orders for
Board consideration shall be avoided.
A copy of the President's Report shall be submitted to all members of the Board
and the Secretary at least ten days in advance of a meeting of the Board.
17. Order of Business
All regular and special meetings of the Board of Regents shall be as follows
unless the Chair otherwise directs:
A. Approval of the minutes of the preceding meeting
B. Reports of standing committees
C. Reports of special committees
D. Other business
E. Adjournment
18. Appearance Before the Board
The Chair of the Board of Regents or the President may invite individuals to
appear before the Board or one of its committees for specific purposes. The Chair of the
Faculty Senate and the President of the Student Government Association shall have the
opportunity to provide a report at each quarterly Board meeting. Other individuals or
group representatives wishing to appear before the Board shall file a written request with
the President at least seven working days before the appropriate meeting. The written
request shall include a statement of the purpose for which an appearance is requested, the
nature of the information to be presented and the names of those who will speak to the
Board. The President will submit the request to the Chair of the Board, who will grant
Appendix No. 5
the request, deny the request or provide for an appearance before an appropriate
committee of the Board. The individual making the request shall be notified of the
Chair's decision, by the President.
19. Annual Budget for University Operations
The President shall prepare and submit annually to the Board at its April or July
meeting, as specified each year by the Board, a proposed budget for the operation of the
institution for the next fiscal period. Copies of all proposed operating budgets shall be
submitted in writing to all members of the Board at least one week in advance of such
meeting of the Board.
20. Monthly Financial Report of University Operations
The President of the University shall submit a Monthly Operating Statement to
the members of the Board showing balance sheet by fund groups; statement of income;
statement of expenditures, unexpended balances, encumbrances, and unencumbered
balances.
All institutional books, records, ledgers and accounts shall be kept and maintained
in conformity with recommendations of the State Auditor and the State Comptroller of
Public Accounts, subject to approval by the Board.
Blanket fidelity bonds, approved by the Board, shall be required to cover all
employees of institutions under the jurisdiction of the Board.
21. Student Admission, Degree Requirements, Tuition and Fees
Student admission standards, entrance requirements, and degree qualifications
shall be determined and prescribed by the institution, subject to the approval of the
Board. No otherwise qualified applicant for student enrollment shall be denied admission
solely on the basis of religious or racial tests. Enrollment preference shall be given
residents of the State of Texas.
Tuition, student fees, and room and board rates shall be established by the
institution, subject to legislative direction and approval by the Board.
Each member of the Board shall receive copies of major publications of the
University.
22. Employment of Bond Legal Counsel
The Board shall employ bond counsel as appropriate to advise and represent it in
any matters.
Appendix No. 5
23. Reimbursement of Expenses
Reimbursement of expenses shall be allowed members of the Board for attending
regular and special meetings of the Board; for visiting the University at the request of the
Board or the Chair of the Board; for attending formal committee meetings, and for such
other special and limited purposes as the Board may expressly authorize in accordance
with state regulations. Verified expense accounts shall be submitted to the Secretary for
payment and the same shall be subject to review and control by the Board.
24. Use of Campus Facilities for Political Purposes
While the use of the facilities of the University for partisan political assemblies
and meetings is not normally encouraged, the faculty and administration, as members of a
learned and honorable profession, may properly exercise their acknowledged individual
rights and obligations of citizenship free of University discipline or censorship.
Individual political candidates and their election organizations are not permitted
to reserve a University facility for campaign activities. However, if a candidate is invited
by a University group, then he or she may appear in the facility, provided that the group
extending the invitation is responsible for reserving the facility and meeting the costs
related to the event.
No member of the Board of Regents shall undertake to influence the political
opinions of personnel subject to the Board's jurisdiction, but such personnel are requested
to exercise their individual rights of citizenship or academic freedom in a responsible
manner reasonably calculated not to identify or associate with the University.
A University employee may not use his or her official authority or influence to
coerce the political action of a person or body.
25. Authority for Official Statements
The Board of Regents hereby reserves the authority and responsibility for
determining matters of policy and official statements concerning any political or other
subjects of an obviously controversial nature which represents an official policy,
statement, or position of the Board of Regents, or of the University. Statements, policies,
and positions by the Board of Regents on such matters shall be made by the Board
through the Chair of the Board or the President of the University. No Regent, officer,
faculty or staff member shall have the authority to speak for or issue any public
statements on policy for and on behalf of the Board of Regents, or of the University, on
such matters without prior approval of the Board.
26. Naming of Buildings and Other Facilities
Appendix No. 5
Buildings and other facilities (including laboratories and clinics) of Stephen F.
Austin State University may be named by the Board of Regents for deceased persons who
have made outstanding contributions to the University or its prestige. In extraordinary
circumstances, particularly when a significant donation has been made to the University,
the Board of Regents may name a building, or other facility, for a living person.
Proposed names may be submitted from any source to the Academic Affairs
Council for their recommendation to the President who, if he concurs, shall submit such
names, together with background reasons, to the Board of Regents for consideration;
provided, however, that the Board of Regents may act without receiving a nomination
from the Academic Affairs Council, when circumstances justify such action, and
particularly when a substantial donation has been made toward the construction of the
building or facility to be named. Any such nominations shall be reviewed by a
committee of the Board. Such review shall take place before any contacts with
prospective nominees. A name will not be moved from one building to another, and
when a building is razed, the name will no longer be used.
A plaque shall be placed on each new building. The plaque shall show the names
of the Board of Regents in alphabetical order, and the names of those occupying the
following positions on the date of the contract award: the Chair of the Board of Regents;
the President of the University; the Vice President for Business Affairs, the architect and
the contractor, together with the year the contract is awarded.
27. Provisions to Amend Rules and Avoid Conflict with Statutes
The Rules and Regulations herein provided may be amended by a majority vote
of members of the Board at any regular meeting or at a special meeting of the Board
called for that purpose. Proposed amendments shall be filed in writing with the Secretary
and copies submitted to each Board member at least fifteen (15) days before the same are
considered by the Board.
Should all or any part of the foregoing Rules and Regulations conflict with any
constitutional, statutory or legislative appropriations provisions, they shall be amended to
conform therewith.
Appendix No. 6
Policies for Board Review
February 3,2005
Appendix No. 6
Appendix No. 6
Appendix No. 6
Wireless Networking Policy
Original Implementation: February 3, 2005
Last Revision:
Purpose
Stephen F. Austin State University's wireless local area network (WLAN) enables mobile
computing and provides network services at selected hotspots on campus. It is a
complementary system to the campus wired network.
The purpose of the wireless policy and related standards and guidelines is to assure
students, faculty, and staff access to a reliable, robust, secure, and integrated WLAN.
This policy applies to all uses of WLAN technologies at all physical locations of Stephen
F. Austin State University, both inside buildings and in outdoor areas. It does not apply to
cellular wireless technology.
All SFA information technology policies (http://www. sfasu.edu/uppA apply to the use of
the WLAN, as do all other applicable SFA policies and procedures and all federal, state,
and local laws.
Responsibility
• Information Technology Services (ITS) will be solely responsible for
implementation of WLAN technology, enforcement of campus network standards,
and resolution of frequency interference issues.
• ITS will be the sole provider of design, specification, installation, operation,
maintenance, and management services for all Wireless Access Points (WAPs).
• ITS will manage all SFA-owned wireless equipment.
• Students may not install or operate WAPs m-on university-owned property,
including residence halls and apartments.
• The service demarcation points will be the WAPs themselves. ITS will be
responsible for the WAPs and the wired network to which they are attached.
• Departments and individual students will be responsible for all costs associated
with purchase, installation, operation, and support of wireless PC cards in client
computers. ITS will maintain a list of compatible wireless PC cards, which can
be viewed from the my SFA intranet portal.
• ITS will maintain a list of buildings and outdoor areas covered by the WLAN,
which can be viewed from the my SFA intranet portal.
• ITS will identify and authenticate all users connecting to the WLAN.
Appendix No. 6
Access
All SFA faculty, staff, and students are required to have a valid mySFA user ID and
password to use the WLAN. Temporary guest accounts can be obtained from ITS.
Security
• All WAPs and wireless client adapters will use a Service Set Identification
(SSID) provided by ITS.
• SFA will encrypt all data while it is in transit on the wireless (i.e. radio) portion of
the WLAN.
• Since wireless transmissions are insecure by their nature, WLAN users are
encouraged to use applications that provide further encryption.
Standards
• SFA has adopted the IEEE (Institute of Electrical and Electronics Engineers, Inc.)
standards for wireless networking for the WLAN.
• Only the IP protocol is supported on the WLAN.
• All conflicts regarding use of the unregulated frequency spectrum on the WLAN
shall be resolved in the following descending priority:
o Administration
o Instruction
o Research
o Personal
Sanctions for policy violations
Violations of any provision of this policy may result in but are not limited to:
(i) a limitation on a user's access to some or all University computer systems, (ii) the
initiation of legal action by the University, including, but not limited to, criminal
prosecution under appropriate State and Federal laws (See Chapter 33 of the Texas Penal
Code), (iii) the requirement of the violator to provide restitution for any improper use of
service, and (iv) disciplinary sanctions, which may include dismissal. Applicable
University discipline and/or discharge policies will be followed in the imposition of
sanctions related to a violation of this policy.
Many academic courses and work-related activities require the use of computers,
networks and systems of the University. In the event of an imposed restriction or
termination of access to some or all University computers and systems, a user enrolled in
such courses or involved in computer related work activities may be required to use
alternative facilities, if any, to satisfy the obligation of such courses or work activity.
However, users are advised that if such alternative facilities are unavailable or not
feasible, the users bear the responsibility for failure to complete requirements for course
work or work responsibility.
Appendix No. 6
Source of Authority: Vice President for Business Affairs
Cross Reference: University Policies, Computer & Network Security Policy D-8.1,
Acceptable Use of Information Resources F-40, Computing Software Copyright D-43,
and Digital Millennium Copyright Policy D-42, Texas Information Resources
Management Act, Texas Administrative Code, Texas Penal Code
Contact for Revision: Director of Information Technology Services.
Forms: None
Appendix No. 6
Designation Of School Status
Original Implementation: February 3, 2005
I. Introduction
Stephen F. Austin State University is subdivided into seven undergraduate colleges for
the purpose of accommodating broad program areas with common academic interests.
The colleges are further subdivided into units designated as departments and divisions for
the purpose of allowing smaller scholarly communities to devote attention to specific
degree program for students and find collegial support for research and service along
traditional disciplinary lines.
From time to time there arises a need to seek the support of the university wide academic
community to allow academic units to become redrawn and re-organized as specialized
units within the college pursuing a common goal and under the leadership of the college
dean. Such a unit may be designated as "school."
II. Definitions
University - an entity of higher education chartered by the state to grant degrees and
headed by a president.
College - the highest academic sub-unit of the university, offering programs of study
leading to a degree, and headed by an academic dean.
School - the subdivision of a college organized for the common purpose of providing
higher education in specialized or professional fields that lead to a degree, certification,
or licensure, and headed by a director or associate dean.
Department/Division - an academic sub-unit of a college having a common disciplinary
or scholarly objective and headed by a chair or other academic administrator.
III. Guidelines For Designating School Status
An academic units seeking school status will be evaluated using the following guidelines:
1. The unit should offer primarily professional programs and degrees.
2. The programs of the unit should be accredited by professional agencies.
3. The unit should have a total enrollment of students majoring in its programs of at
least 150.
4. The unit must have a qualified, well-trained faculty.
5. The unit may have been the recipient of a substantial endowment or gift.
Appendix No. 6
IV. Proposal Review and Approval
Before an academic unit of a college can receive "school" status that unit must bring a
proposal before the Council of Deans. The proposal should provide qualitative and
quantitative data relating to the vision of the unit for acquiring the school designation.
That information should be organized around the following categories:
1. A concise statement giving the rational for the request to re-designate the academic
unit as a school. This statement should address the distinctiveness of the discipline
and the advantages of school status to future graduates of the program.
2. A discipline specific self-study that has been completed within the last five years
(with appropriate up-dates) copies of visitors' reports, and annual assessment
documents outlining the goals and accomplishments of the unit during the past five
years.
3. Background of the unit including the history of the unit, outside drivers for the
requested change in unit status, staffing for the program including a faculty list with
degrees, accreditation, degree options available to students, trends in student
placement, comparable programs at other universities, recommendations from an
advisory board where applicable, letters of recommendation from professionals or
practitioners in the field, and enrollment projections for five years.
4. A quality enhancement plan which addresses the continuous improvement of the
effectiveness of the unit for a five year period directly following the designation of
school status.
Upon the recommendation of the Council of Deans and the approval of the Provost
and President, the proposal will be placed on the Board of Regents' agenda for
approval. After approval is received, a request for approval will be forwarded to the
Texas Higher Education Coordinating Board.
Source of Authority: Provost and Vice President for Academic Affairs
Cross Reference: None
Contact for Revision: Provost and Vice President for Academic Affairs
Forms: None
Appendix No. 6
Faculty Compensation Plan
Original Implementation: January 2005
The mission of Stephen F. Austin State University is to provide students a foundation for
success, a passion for learning and a commitment to responsible global citizenship in a
community dedicated to teaching, research, creativity and service. The quality of
teaching, research and service provided by the university ultimately depends on the
quality of faculty and staff employed by the university. The university is responsible for
securing a qualified and competent faculty and for utilizing public funds for faculty
salaries and wages in an effective manner.
1.0 Faculty Employee
An employee with academic rank or duties which include teaching, research, academic
administration, or other scholarly activity who is paid in full or in part from the line item
"Faculty Salaries" or from an another academic funding source is considered a faculty
employee. The Provost, Assistant Provost and Academic Deans are considered staff for
purposes of this plan.
2.0 Authority to Set Compensation
Authority to set the compensation paid to faculty resides with the Board of Regents. This
authority is through review and adoption of the annual operating budget. The itemized
budget, approved by the Board of Regents, specifies the salary authorized for each
position. All changes to budgeted faculty positions outside of the annual operating budget
require the initial approval of the Provost. These changes are formally requested on a
Personnel Action Request Form and approved by other administrators at SFASU.
3.0 General Compensation
It is the plan of the University to distribute fairly and equitably funds available for
salaries and wages. Initial faculty salaries are determined based on a combination of
factors including the funding available for the position, discipline, rank at appointment
(see Academic Appointment and Titles Policy E-1A), degree, job description and
requirements, professional experience, market value, and need of the department and
college. Upon the recommendation of the chair and dean, the Provost approves all
faculty salaries prior to hiring.
All position and salary range assignments shall be made on the basis of the work to be
performed without regard to race, color, religion, sex, age, disability, national origin,
veteran status, or marital status and in keeping with the laws, policies and regulations of
the State of Texas and the Board of Regents of Stephen F. Austin State University.
4.0 Administration of Faculty Compensation
Appendix No. 6
The Provost in conjunction with the academic deans has responsibility for the
administration and maintenance of the Faculty Compensation Plan. Department chairs
and directors are responsible for administering pay for their employees in accordance
with university policies, procedures, and guidelines.
5.0 Faculty Compensation
5.1 General Information - Faculty salaries are normally budgeted for a 9 month
period. Faculty are compensated an amount for a fair and reasonable workload
(see Faculty Workload Policy A-18). Under the Federal Wage and Labor Law,
faculty employees are exempt from overtime regulations.
5.2 Market Data - The University uses the College and University Professional
Association for Human Resources (CUPAHR) as its primary determinate for the
market value of faculty salaries. In certain situations, the University may use
relevant market data provided by professional organizations, surveys or other
sources to determine the market value of a faculty position. Where CUPAHR
data are available, the compensation for a faculty member should fall within a
range of 50% to 150% of the CUPAHR national average salary for that rank and
discipline. The actual faculty compensation will vary within these ranges based
on the funding available for the position, discipline, rank at appointment, degree,
job description and requirements, professional experience, market value, and need
of the department and college. The CUPAHR data are available through the
SFASU Office of Institutional Research.
5.3 Compensation for Summer Teaching - Summer teaching is not guaranteed.
Where needed or required, faculty may be assigned summer teaching (See
Summer Teaching Policy A-18A). Faculty are compensated for summer teaching
at a rate of 1/6 of their 9 month teaching salary for a 100% teaching assignment
for each summer session. Compensation for assignments less than 100% are
prorated accordingly. Compensation for summer teaching is provided through the
SFASU summer budget.
5.4 Compensation for Adjunct Faculty - When considered necessary to hire
adjunct faculty to teach courses, the compensation should be based on the
following:
Appendix No. 6
Stipends for Adjuncts will vary by college, discipline, need, and education of the
proposed adjunct faculty member. Any variations must be recommended by the
chair and dean and approved by the Provost prior to appointment.
5.5 Additional Compensation - In instances where faculty provide services
outside of their normal duties, they may be eligible for additional compensation
(see Compensation in Excess of Base Pay Policy E-9).
5.6 Overload Compensation - In instances, where faculty are needed to teach an
overload, they may be eligible for overload compensation. At a minimum the
overload compensation will be comparable to that of an adjunct faculty member.
Upon the recommendation of the chair and dean and approval by the Provost, the
overload compensation may vary based on the funding available, need of the
department, and qualifications of the faculty member.
5.7 Associate Dean, Chair or Director Compensation - When appointed as an
associate dean, department chair or director, a faculty member may receive a
combination of a stipend and release time for performing administrative duties for
the department or area (see Chair Appointments Policy #E-6A and Chair
Teaching Load Policy E-7A).
5.9 Grants, Endowments, and Other Arrangements - Grants, endowments, awards
and other arrangements may provide for an additional stipend or salary support
for a faculty member within applicable regulatory parameters.
6.0 Increases in Compensation
6.1 General Increases - All salary increases for faculty employees, unless
otherwise mandated by the legislature, will be based on merit and/or equity.
Quality teaching, research, scholarly activity, administrative responsibilities and
other faculty activities may be considered in the merit process. Equity
adjustments may be awarded based on the recommendation of the department
chair and dean with the approval of the Provost.
It is the responsibility of the department chair or area director (where applicable)
to recommend salary rates, equity adjustments and merit increases in the annual
department budget request based on the budget guidelines issued by the President.
The recommendations are, in turn, to be approved by the appropriate academic
dean and the Provost. Approved increases are effective for the next fiscal year.
Each faculty member is to provide an annual Faculty Activity Report to the
department chair or director for use in consideration of a merit increase.
6.2 Salary Increases for Promotion - Faculty employees through the promotion
process (see Academic Promotion Policy #E-3A) are awarded increases ranging
from $750 to $5000 in the subsequent budget year based on budgeted resources
and promotion rank.
Appendix No, 6
Source of Authority: Provost/VP for Academic Affairs
Cross Reference: None
Contact for Revision: Provost/VP for Academic Affairs
Forms: None
Appendix No. 6
Compensation Plan for Classified and Non-Classified Staff
Original Implementation: February 3, 2005
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.
• The employee's potential for progression within his/her pay range.
• Job performance and its relation to promotional opportunities and pay increases.
Appendix No. 6
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
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
Appendix No. 6
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.
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 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.
Appendix No. 6
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:
• 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.
Appendix No. 6
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
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.
Appendix No. 6
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
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:
Appendix No. 6
• 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
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;
Appendix No. 6
• 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
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 ^classifications 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
Contact for Revision: Director of Human Resources
Forms: Request for Position Evaluation form; Job Analysis Questionnaire (JAQ)
Appendix No. 6
Fair Labor Standards
Original Implementation: February 3, 2005
SFA will comply with the Fair Labor Standards Act (FLSA) and related federal and state
laws. All faculty, staff, and student employees of SFA are covered by the FLSA,
although certain classes of employees are exempt from its overtime pay and minimum
wage requirements. An employee's rights under the FLSA may not be waived. No
employee may agree, even voluntarily, to work in violation of the FLSA.
MINIMUM WAGE PROVISIONS
SFASU pays all employees, including student workers, at least the federal minimum
wage prescribed by the FLSA.
DETERMINATION OF EXEMPTION STATUS OF EMPLOYEES
Each employee's overtime pay and minimum wage coverage under the FLSA (exempt,
nonexempt) must be determined on an individual basis in accordance with the terms of
the Federal regulations. The Director of Human Resources should be consulted when
questions arise concerning an employee's status under the FLSA.
Nonexempt Employees - Nonexempt employees will be paid only for actual hours
worked unless they receive benefits under the university's leave policies.
Exempt Employees - Exempt employees are paid on a salary basis and, in general,
must be paid their full salary for any week in which they perform work. Their pay
may be reduced only under the circumstances described below.
Graduate students that are simultaneously performing research under grants and
contracts and are fulfilling the requirements of an advanced degree are exempt from
overtime pay and minimum wage requirements.
OVERTIME
The FLSA and state law govern the handling of overtime work. See SFASU Policy and
Procedure Manual: Overtime and Additional Compensation E-36 for more information.
DEDUCTIONS TO PAY FOR EXEMPT EMPLOYEES
A. Exempt employees are paid on a salary basis and, in general, must be paid their
full salary for any week in which they perform work. Their pay may be reduced
only in the following circumstances:
Appendix No. 6
1. Employees who are absent from work at least one or more full days for
sickness or disability will not be paid for that day unless they have accrued
benefits under SFA's leave policy or disability policy. Their pay will not
be reduced if they are absent for less than a full day because of sickness or
disability.
2. Employees who take leave under the Family and Medical Leave Act will
not be paid for that time unless they have accrued benefits under the
university's leave policies. Their pay will be reduced by the hours missed
even if it is less than a full day.
3. Employees who are absent from work for at least a full day for personal
reasons other than sickness or disability will not be paid for that day
unless they have accrued leave available. If an employee is absent for less
than a full day for personal reasons, his or her pay will not be reduced.
4. Employees who are absent from work for jury duty, attendance as a
witness at a trail or temporary military leave will have their pay reduced
by the amount of payment they receive in the form of jury fees, witness
fees, or military pay. Their pay will not be reduced by the number of
hours or days they are absent from work unless they perform no work in a
given week.
5. If an employee violates a safety rule of major significance, their pay may
be reduced in an amount to be determined by the Director of Human
Resources as a penalty for that violation.
6. Employees may be suspended without pay for other types of workplace
misconduct, but only in full-day increments. Their pay will be reduced in
an amount that is proportionate to the number of days suspended. See the
University's Discipline and Discharge policy E-l 1.
7. Employees who work less than 40 hours during their first or last week of
employment will be paid a proportionate part of their full salary for the
time actually worked.
IMPROPER DEDUCTIONS FROM PAY
It is SFA's policy to comply with the salary basis requirements of the FLSA. Therefore,
we prohibit all supervisors from making improper deductions from salaries of exempt
employees. SFA wants employees to be aware of this policy and that the university does
not allow deductions that violate the FLSA. If you believe that an improper deduction
has been made to your salary, you should immediately report this information to your
direct supervisor or the Director of Human Resources.
EQUAL PAY FOR EQUAL WORK UNDER THE FLSA
SFA employees are covered by the Equal Pay Act, an amendment to the FLSA, that
prohibits gender-based wage differentials between persons employed in the same location
on jobs that require equal skill, effort, and responsibility and that are performed under
similar working conditions. Jobs need only be substantially equal, not identical, for
Appendix No. 6
comparison purposes. The law permits differences in pay based on factors other than
gender such as bona fide seniority or merit systems or systems that reward productivity.
EMPLOYMENT OF MINORS
B. The FLSA prescribes at what age and in which types of occupations minors can
be employed. Federal regulations also limit hours of work for certain age groups.
A list of prohibited occupations and other restrictions on employment of minors is
available from the Director of Human Resources.
C. To protect SFA from an unwitting violation of the age restrictions, the Human
Resources must obtain and keep on file a Minor's Employment Release form
(HR-200) if the person being employed is younger than 18 years of age. In
addition, Human Resources must obtain and keep on file a Federal Certificate of
Age issued by the U. S. Department of Labor, a state Certificate of Age issued by
the Texas Workforce Commission or other proof of age acceptable to the Director
of Human Resources for any person offered employment when there is any reason
to believe the person being employed is younger than 19 years of age.
ADMINISTRATION
A. The Director of Human Resources is responsible for administering and answering
questions on the FLSA. Inquiries as well as requests for special exemptions
should be submitted to the Director of Human Resources.
B. Human Resources Office is responsible for posting, and keeping posted, notices
pertaining to the applicability of the FLSA. These notices, which can be obtained
from the Department of Labor, are to be displayed in conspicuous places to
facilitate observation by all employees.
C. Human Resources' are also responsible for ensuring that all FLSA- and DOL-required
records are maintained.
APPEAL PROCESS
If you feel the University has violated any of the above regulations under the Fair Labor
Standards Act the employee may, without prejudice or fear of retaliation, express his/her
appeal to their supervisor or the Director of Human Resources with the assurance of
timely and thorough consideration. Those regulations include the minimum wage
provisions, determination of exemption status of an employee, overtime provisions,
deductions to pay for exempt employees, improper deductions from pay, equal pay for
equal work provision, and the employment of minors. The complaint will be investigated
by Human Resources and they will render a decision. If the employee is not satisfied
with that decision, they can appeal to the Vice President for the area involved who shall
obtain input from the General Counsel before making a final decision. If an investigation
results in a determination that improper pay has been awarded, the University will rectify
the under awarded pay amounts through this appeal process. Each employee is assured
freedom from interference, coercion, discrimination and reprisal in filing appeals.
Appendix No. 6
Source of Authority: Fair Labor Standards Act
Cross Reference: Overtime and Additional Compensation E-36, Discipline and
Discharge policy E-l 1
Contact for Revision: Director of Human Resources
Forms: None
Appendix No. 6
Employee Recruitment Plan
Original Implementation: February 3, 2005
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. But
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, 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 necessary steps to ensure the employment and
promotion of otherwise qualified classes who may be underrepresented in the
agency's workforce.
Appendix No. 6
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://www.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/
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.
Appendix No. 6
2. To ensure the elimination of any current effects of past discrimination, the
University's Recruitment Plan shall establish monitoring and reporting systems.
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 class
representation of the University's applicant pool and if any measures need to be taken to
include new referral sources.
University 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
Contact for Revision: Director of Human Resources
Forms: None
Appendix No. 6
Academic Programs and Curricula^- Review and A-4
Approval
Original Implementation: October 17, 1978
Last Revision: January 28, 2003February 3, 2005
Section I
A. Introduction
It is the responsibility of each academic unit of the University to maintain a current
curriculum for the discipline it represents. Eaefe-a^fcademic departments' must engage in
continuous review of its programs and curricula. Each To reach this goal each academic
department will concludewz'// verify this objective by conducting -a formal review of
programs and curricula every three to five years, according to aA schedule proposed by
the dean and department chairs within each College and approved by the Provosfi&ee
President for Academic Affairs will set time lines for the process.
B. Curriculum Modification Procedures
When modifications to a curriculum are necessary or a new course creation is needed,
proposals for change of either type need to proceed according to the steps outlined in
Section II of this policy. The proposal will be in writing. Forms for this purpose are
available on the Provost's web site linked below.
Section II
Processes & Procedures
For Curriculum Reviews, Modifications, & Approvals
NEW,1 MODIFIED, and DELETED Undergraduate and Graduate Majors,
Certificates, Endorsements, and Teacher Certification
Recommended approval by Department Curriculum Committee2
Recommended approval by Department Chair
Recommended approval by appropriate Councils or Committees in the College
Recommended approval by appropriate College Dean
Recommended approval by University Undergraduate Council or Graduate Council
Recommended approval by Council of Deans
Approved by Provost/VPAA
Approved by University President
Approved by Board of Regents
Appendix No. 6
Approved by Texas Higher Education Coordinating Board, Texas Education Agency,
State Board for Educator Certificate, Southern Association of Colleges and Schools
or other appropriate outside agencies
Inserted into the General Bulletin or Graduate Bulletin after complete approval by all
above entities
New1, MODIFIED and DELETED Undergraduate and Graduate Minors, Second
Majors and Concentrations
Recommended approval by Department Curriculum Committee2
Recommended approval by Department Chair
Recommended approval by appropriate Councils or Committees in the College
Recommended approval by appropriate College Dean
Recommended approval by University Graduate or Undergraduate Council
Recommended approval by Council of Deans
Accepted by Provost/VPAA
Inserted into General Bulletin or Graduate Bulletin after complete approval by all
above entities
NEW, MODIFIED and DELETED Undergraduate and Graduate Courses
Recommended approval by Department Curriculum Committee
Recommended approval by Department Chair
Recommended approval by appropriate Councils or Committees in the College
Recommended approval by appropriate College Dean
Recommended approval by University Undergraduate Council or Graduate Council
Approved by Provost/VPAA
Approved by the University President
Approved by Board of Regents in the case of new courses
Approved by Texas Higher Education Coordinating Board, Texas Education Agency
State Board for Educator Certificate, Southern Association of Colleges and
Schools or other appropriate outside agencies
Inserted into General Bulletin or Graduate Bulletin after complete approval by all
above entities
All new undergraduate or graduate majors, minors, concentrations, and programs, and all
changes in such programs must be approved by the dean of the appropriate college and
by the Vice President for Academic Affairs. Prior to approval the doan will socuro the
recommendations of individuals or bodies as prescribed by the policies of tho particular
college, and, in the case of graduate offerings, the Vice President for Academic Affairs
will secure the recommendation of the University Graduate Council.
New or altered undergraduate or graduate majors and teaching certificate endorsements
additionally require approval by the President and the Board of Regents. When required
by law or regulation, additional approval by the Texas Higher Education Coordinating
Board, the Texas Education Agency, the State Board for Educator Certification, tho
Southern Association of Colleges and Schools, or other appropriate outside agencies will
be secured before proposed innovations or changes are implemented.
Appendix No. 6
All new undergraduate courses or course revisions require in addition to the approval of
the appropriate college dean and the Vice President for Academic Affairs, the
recommendation of the University Curriculum Committee. All new graduate courses or
course revisions require the approval of the college dean and the Vice President for
Academic Affairs as well as the recommendation of the University Graduate Council.
All NEW undergraduate and graduate degree programs must follow the Texas Higher
Education Coordinating Board Policies and Procedures Manual and be submitted on
either the Format for Non-substantive or Substantive Degree Program Requests
(http://www. thecb.state. tx. us/UHRI/polprod/dp. htm)
2 The Steen Library needs to know at a minimum the nature of the new program and
the content of any new courses to be offered. So, the contact needs to be made after
much of the proposal text has been developed but well enough in advance of
presentation to the campus-wide reviewing body, at a minimum, about 60 days.
Source of Authority: Provost and Vice President for Academic Affairs
Cross Reference: None THECB Instructions and CIP Codes
Contact for Revision: Provost and Vice President for Academic Affairs
Forms: None SFASU.edu/Academic Affairs/Forms
Appendix No. 6
Class Attendance and Excused Absence A-10
Original Implementation: November 9, 1981
Last Revision: October 11, 2001 February 3, 2005
Class Attendance
Regular and punctual attendance is expected e&for all classes, laboratories, and other
activities for which a student is registered. For those classes where attendance is a factor
in the course grade, the instructor shall make his/her class policy known on the syllabus
in writing at the beginning of during the first week of each the term and shall maintain an
accurate record of attendance.
Regardless of attendance, every student is responsible for course content and
assignments.
Excused Absences
It is University policy to excuse studentsStudents may be excused from attendance for
certain reasons, rA among these are absences related to health, family emergencies, and
student participation in certain University-sponsored events.
Students are responsible for providing timely documentation satisfactory to the instructor
for each class missedabsence. Students with acceptable excuses wiH-moy be permitted to
make up work for absences to a maximum of three weeks of a semester or one week of a
six-week summer term when the nature of the work missed permits. Whether excused or
unexcused, a student is still responsible for all course content and assignments.
In the case of absences caused by participation in University-sponsored events,
announcement via My SFA by the Provost/Vice President for Academic Affairs will
constitute an official excuse. Faculty members should submit as an attachment to an e-mail
a written explanation of the absence, including the date, time and an alphabetical
listing of all students attending to the office of the Provost/Vice President for Academic
Affairs for publication.
Source of Authority: Provost/Vice President for Academic Affairs
Cross Reference: General Bulletin, Student Handbook and Activities Calendar
Contact for Revision: Provost/Vice President for Academic Affairs
Forms: None
Appendix No. 6
Commencement A-ll
Original Implementation: February, 1984
Last Revision: January 30, 2001 February 3, 2005
The arrangements forStephen F. Austin State University will hold commencement
ceremonies to be held at the end of the fall, spring, and summer semesters. Arrangements
for the ceremonies are the responsibility of the office of the Registrar, except for tho s
Selection of and arrangements for a speaker, which are the responsibility of the President
in consultation with the Commencement Speaker Advisory Committee^
Because of commencement's importance as a symbol of the University's core function,
faculty members are encouraged to attend. In order to have adequate representation of
faculty at commencement, each permanent member of the faculty is obliged to attend at
least one commencement each calendar (January — December) year.. For F/aculty
teaching in the second summer term attendance at the August ceremony is
obligatory.required. -Department chairs/directors are responsible for assuring faculty
members' compliance with this provision.
Source of Authority: Provost and Vice President for Academic Affairs
Cross Reference: None
Contact for Revision: Provost and Vice President for Academic Affairs
Forms: None
Appendix No. 6
Copyrighted Works Reproduction A-12
Original Implementation: 1979
Last Revision: October 23, 2001 February 3, 2005
The copyright law (Public Law 91 53377 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
Only the following copies may be made from copyrighted works:
A. 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.
B. Copies in excess of this amount may be permissible in some circumstances
under fair use. The following factors must be considered:
1. the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes;
2. the amount and substantiality of the portion used in relation to the
copyrighted work as a whole;
3. the nature of the copyrighted work; and
4. the effect of the use upon the potential market for or value of the
copyrighted work.
Refer to 17 U.S.C. 504 (c)(2) within the copyright law.
Appendix No. 6
C. 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.
D. A single copy of an entire work, provided a copy cannot be obtained at a fair
price.
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.
A. Works that lack originality (e.g., phone book)
B. Works in the public domain (no longer protected by copyright)
C. Free ware (must be expressly stated)
D. U.S. Government works
E. Facts
F. 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.
A. Copies made by library staff for patrons generally
1. All of the general fair use requirements listed above apply for patron
copying.
2. Only single copies, and no multiple copies, will be made.
Appendix No. 6
3. Copy requests exceeding these limitations must be refused.
B. Copies made by library staff for reserve and for a faculty member's classroom
use
1. All of the general fair use requirements listed above apply for single or
multiple copies.
2. 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.
3. Copy requests exceeding these limitations must be refused.
C. Copies made by library staff for purposes of collection maintenance
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.
D. 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 Department will apprise the patron of
other options.
E. Digitizing other's works in electronic reserves
1. Limit reserve materials to
a. single articles or chapters; several charts, graphs or illustrations;
or other small parts of a work
b. small part of materials required for the course
c. copies of material a faculty member or the library already
possesses legally (i.e., by purchase, license, fair use, interlibrary
loan, etc.)
2. Include
a. any copyright notice on the original
Appendix No. 6
b. appropriate citations and attributions to the source
c. a Section 108(f) (1) notice indicating 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 end of class term.
4. 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 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.
A. Limit copying as follows:
Appendix No. 6
1. sheet music, entire works: only for performances and only in
emergencies
2. sheet music, performable units (movements, sections, arias, etc.); only if
out of print
3. student performances, record only for teacher or institutional evaluation
or student's portfolio
4. sound recordings: one copy for classroom or reserve room use
B. Include
1. any copyright notice on the original
2. appropriate citations and attributions to the source
3. a Section 108(f)(l) notice that making a copy may be subject to
copyright law
C. 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 materials. The
guidelines below incorporate these basic rules: small parts, limited times, and limited
access are the keys to fair use.
A. Incorporate performances of others' works
1. sparingly
2. only if a faculty member or the institution possesses a legal copy of the
work
B. Include
1. any copyrighted notice on the original
Appendix No. 6
2. appropriate citations and attributions to the source
3. a Section 108(f)(l) notice 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 the end of the class term.
D. 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:
A. 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.
B. "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.
C. Faculty members may also use these images at peer conferences.
D. 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.
E. 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, 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.
Appendix No. 6
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.)
A. Students, faculty and staff may
1. incorporate other's works into a multimedia work
2. display and perform a multimedia work in connection with or creation
of
a. class assignments
b. curriculum materials
c. remote instruction
d. examinations
e. student portfolios
f. professional symposia
B. Be conservative. Use only small amounts of other's works.
C. Provide appropriate acknowledgments to the work of others.
D. 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.
Appendix No. 6
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 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 Policy, Computer and Network
Security D-8.1 and Digital Millennium Copyright Policy D-8.2.
Further informatio