Minutes of Board of Regents of Stephen F. Austin State University. 2007, Volume No. 236

              Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
April 23 and 24,2007
(Volume 236)
BOARD MINUTES FOR APRIL 23 AND 24, 2007
VOLUME 236
Page
Executive Session
Legal Advice and Report on Pending Litigation 1
Real Estate Purchase 2
Gifts and Donations 2
Personnel Matters Regarding Specific University Employees ...2
Deliberations Regarding Security Matters 2
Special Recognitions 3
07-17 Naming of Baker Pattillo Student Center 3
Approval of Minutes
07-18 Approval of January 29 and 30, 2007 and April 9, 2007 Minutes 4
Personnel
07-19 Approval of Personnel items 5
Faculty Appointments for 2007-2008 5
Staff Appointments for 2007-2008 6
Changes of Status for 2007-2008 7
Retirements 9
Promotions 9
Tenure 10
Faculty Development Leave for 2007-2008 10
Regents Professorship for 2007-2008 11
Faculty Leave of Absence with Pay 11
Staff Leave of Absence without Pay 11
Faculty Leave of Absence without Pay 11
Academic and Student Affairs
07-20 Approval of Academic and Student Affairs Items 11
Curriculum Changes 11
Small-Size Classes Spring 2007 11
Approval of Name Change from Master of Science in Family and Consumer
Sciences to Master of Science in Human Sciences 12
Approval to Move the Division of Environmental Science to the Arthur
Temple College of Forestry and Agriculture 12
Proposal to Offer Online the RN-BSN Transition Program 12
Financial Affairs
07-21 Adoption of Summer 2007 Budget 12
07-22 Payment of Housing Debt Service with Housing Phase I Bond Proceeds 13
Building and Grounds
07-23 Approval of Building and Grounds Items 13
Gift of Real Estate and Naming of Jimmy Hinds Park 13
Contracting with Architect/Engineer for Education Research Center 13
Contracting with Construction Manager at Risk for Education Research Center. 14
Gerald W. Schlief Department of Accounting Renovations 14
Electricity Purchasing Authorization 14
Comprehensive Study - Student Housing (DEFERRED) 14
07-24 Approval of Building and Grounds Items 15
Authorization for Campus Way-Finding Signage Project 15
Deferred Maintenance - Griffith Hall (15); Steen Hall (17); Kerr Hall (18) 15
07-25 Request for Qualifications and Submission of Proposals- Phase III
of Student Housing 16
University Policies and Procedures
07-26 Approval of Policy Revisions 17
Academic Accommodation of Students with Disabilities (F-33)
Academic Freedom and Responsibility (A-2.5)
Advanced Placement (A-7)
Affirmative Action (E-4)
Allowable Credit Hours and Completion Time for Doctoral Students
(A-7.5)
Animals on University Property (D-3)
Dead Week (A-l5)
Discrimination Complaints/Sexual Harassment (E-46)
Distribution of Payroll (C-12)
Educator Preparation (A-6)
Employee Enrolling for Courses (E-16)
Family and Medical Leave (E-58)
Final Examinations (A-19)
Gifts, Loans, Endowments, and Bequests(C-16)
Grievance and Appeals (E-25N)
Library Faculty (E-31A)
Parking and Traffic Regulations (D-24)
Reasonable Workplace Accommodation for Disabilities (E-67)
Skating (D-32)
Student Media (D-44)
Student Organization Formation and Recognition (F-14)
Vacation/Sick Leave (E-54)
Reports 17
President
Audit Services
Faculty Senate
Student Government Association
Election of Officers 18
07-27 Election of Officers for 2007-2008
Appendices
Appendix 1 - Undergraduate and Graduate Curriculum Changes
Appendix 2 - Spring 2007 Small-Size Class List
Appendix 3 - Policies for Board Review
Stephen F. Austin State University
Minutes of the Meeting of the
Board of Regents
Nacogdoches, Texas
April 23 and 24, 2007
Austin Building 307
Monday, April 23,2007
The regular meeting of the Board of Regents was called to order at 7:30 a.m., Monday,
April 23, 2007, by Chair Valerie Ertz.
PRESENT:
Board Members: Ms. Valerie Ertz, Chair
Mr. Richard Boyer
Dr. Margarita de la Garza-Grahm (joined the meeting at 11:45 a.m.)
Mr. Joe Max Green
Mr. Kenneth James
Mr. Paul Pond
Mr. James Thompson
Ms. Stephanie Tracy
Mr. Melvin White
Mr. Fred Wulf
President: Dr. Baker Pattillo
Vice-Presidents: Ms. Debbie Baisden
Mr. Steve Westbrook
Dr. Marlin Young
General Counsel: Ms. Yvette Clark
Other SFA administrators, staff, and visitors
The Building and Grounds Committee convened at 7:30 a.m. Following a lunch recess
during which the board members and administrators toured the Athletic Field House, the
Building and Grounds Committee adjourned at 2:30 p. m. The Academic and Student
Affairs Committee convened at 2:30p.m. and adjourned at 3:40p.m. The Finance/Audit
Committee convened at 3:55 p. m. and adjourned at 4:35 p. m.
The chair called for an executive session at 4:45 p.m. to consider the following items:
LEGAL ADVICE AND REPORT ON PENDING LITIGATION
Consultation with Attorney Regarding Legal Advice on Tuition and Fee Legislation
or Pending and/or Contemplated Litigation or Settlement Offers, including but not
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limited to EEOC/TCEQ Matters and Flynn vs. SFASU (Texas Government Code
Section 551.071)
REAL ESTATE
Deliberations Regarding the Purchase, Exchange, Lease, Sale or Value of Real
Property (Texas Government Code, Section 551.072)
GIFTS AND DONATIONS
Deliberations Regarding Negotiated Contracts for Prospective Gifts or Donations
(Texas Government Code, Section 551.073)
PERSONNEL MATTERS REGARDING SPECIFIC UNIVERSITY EMPLOYEES
Consideration of Individual Personnel Matters Relating to Appointment,
Employment, Evaluation, Assignment, Duties, Discipline, or Dismissal of an Officer
or Employee, including but not limited to Chief Information Officer, Political
Science, Basketball Coaches, Associate Vice President for Alumni Affairs,
Government Information Officer, the President and the Vice Presidents (Texas
Government Code, Section 551.074)
DELIBERATIONS CONCERNING SECURITY PERSONNEL AND DEVICES
Discussion of security personnel and devices (Texas Government Code, Section
551.076)
• Information Technology Services
• Campus Security
The executive session ended at 8:40 p.m. and the board recessed for the day, with no
further action.
Tuesday, April 24,2007
The chair reconvened the board meeting in open session at 9:05 a.m. on Tuesday April
24.
PRESENT:
Board Members: Ms. Valerie Ertz, Chair
Mr. Richard Boyer
Dr. Margarita de la Garza-Grahm
Mr. Joe Max Green
Mr. Kenneth James
Mr. Paul Pond
Mr. James Thompson
Ms. Stephanie Tracy
Mr. Melvin White
Mr. Fred Wulf
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President: Dr. Baker Pattillo
Vice-Presidents: Ms. Debbie Baisden
Mr. Steve Westbrook
Dr. Marlin Young
General Counsel: Ms. Yvette Clark
Other SFA administrators, staff, and visitors
The chair welcomed guests to the board meeting and called upon Regent de la Garza-
Grahm to lead the pledge to the flags. Regent Wulf provided the invocation.
SPECIAL RECOGNITIONS
Dr. Marlin Young introduced those faculty members who were being recommended for
promotion to the rank of Professor, Dr. Brent Burt, Dr. Michele Harris, Dr. Lynda
Martin, Dr. Dixie Mercer, and Dr. Kandy Stahl. He introduced Dr. Mingteh Chang,
recommended for Professor Emeritus, and Dr. Leon Young, named as Regents Professor
for 2007-2008.
Dr. John Jacobson introduced representatives from the site visit team of the National
Council for Accreditation of Teacher Education (NCATE), Dr. Arlinda Eaton, NCATE
Board of Examiners Chair for SFASU and Dr. Karen Loonam, Director of Educator
Standards for the Texas Education Agency. He also introduced the Outstanding Student
Teacher of the Year for SFA, James Daniel Hobbs, and the supervising teacher who
nominated him, Mrs. Carolyn Matthews.
The SFA Moot Court Team was recognized for their Ail-American awards at the
National Moot Court Competition.
Dr. Ric Berry introduced Mr. Paul Davis, Interim Director for Information Technology
Services.
Mr. Steve Westbrook introduced the Advisor and Staff for the Pine Log, named the best
Division Two college newspaper in the state at a recent conference of the Texas
Intercollegiate Press Association.
Regent Green, on behalf of the board, recognized President Pattillo for being named to
the Arp, Texas, Hall of Fame and presented him with a framed copy of the newspaper
article covering the event.
Board Order 07-17
NAMING OF BAKER PATTILLO STUDENT CENTER
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Regent James, on behalf of the board, presented the following resolution:
It was the unanimous decision of the Board of Regents at its January 30,
2007, meeting to name Dr. Baker Pattillo as the eighth president of
Stephen F. Austin State University.
Dr. Pattillo graduated from SFA in 1965 with a B.S. degree in English and
History and earned his Master's degree in Guidance from SFA in 1966.
He then immediately began his employment at SFA as Assistant Director
of Placement and Financial Aid. He became the Director of Placement and
Financial Aid in 1970, continuing his doctoral work concurrently. He
received a Ph.D. in Educational Administration from Texas A&M in 1971.
Dr. Pattillo was named the Dean of Student Services at SFA in 1972, Vice
President for Student Affairs in 1979, Vice President for University
Affairs in 1982, and Interim President in July, 2006.
In 41 years of distinguished service to SFA, Dr. Pattillo's first priority has
always been the students. In his role as Vice President for University
Affairs he worked closely with student leadership and tirelessly with our
elected officials to guide our newest building on campus through the
legislative process to make this building a reality.
The Board of Regents wishes to honor him for his loving dedication to this
university and could find no finer tribute to him than the magnificent
student center that opened this week.
Upon motion by Regent Ertz, seconded by Regent Wulf, with all members voting
aye, it was ordered that the SFA Student Center be named the Baker Pattillo
Student Center.
APPROVAL OF MINUTES
Board Order 07-18
Upon motion by Regent Pond, seconded by Regent de la Garza-Grahm, with all members
voting aye, it was ordered that the minutes of the January 29 and 30, 2007 and the April
9, 2007 meetings be approved.
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PERSONNEL
Board Order 07-19
Upon motion by Regent Pond, seconded by Regent de la Garza-Grahm, with all members
voting aye, it was ordered that the following personnel items be approved.
FACULTY APPOINTMENTS FOR 2007 - 2008
Education
Parrel Kniss, Assistant Professor of Kinesiology and Health Science, M.A. (University of
Kansas) at a salary of $47,500 for 100 percent time for nine months, effective August 22,
2007, contingent upon completion of doctorate by August 31, 2007.
Barry Stafford, Assistant Professor of Human Services, M.A. (Stephen F. Austin State
University) at a salary of $47,000 for 100 percent time for nine months, effective
September 1,2007.
Liberal And Applied Arts
Jeff Bremen Assistant Professor of History, Ph.D. (University of Kansas) at a salary of
$43,000 for 100 percent time for nine months, effective September 1, 2007.
Leslie Cecil Assistant Professor of Sociology, Ph.D. (Southern Illinois University) at a
salary of $43,000 for 100 percent time for nine months, effective August 27, 2007.
Dana Magill Cooper, Assistant Professor of History, Ph.D. (Texas Christian University)
at a salary of $43,000 for 100 percent time for nine months, effective September 1, 2007.
Haskell Stephen Cooper, Assistant Professor of Social Work, M.S.W. (Stephen. F. Austin
State University) at a salary of $45,000 for 100 percent time for nine months, effective
January 19, 2007.
Jason Dormady, Assistant Professor of History, M.A. (University of California) at
a salary of $43,000 for 100 percent time for nine months, effective September 1,
2007, contingent upon completion of doctorate by June 30, 2007.
Lee Payne, Visiting Lecturer of Political Science, Geography and Public Administration,
M.S.(University of Houston) at a salary of $18,000 for 100 percent time for four and a
half months, effective January 17, 2007.
Walter H. Scalen, Assistant Professor of Criminal Justice, Ph.D. (University of Sarasota)
at a salary of $43,000 for 100 percent time for nine months, effective August 24, 2007.
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Elizabeth Spradley, Lecturer of Communication, M.A. (Stephen F. Austin State
University) at a salary of $26,000 for 100 percent time for nine months, effective January
17,2007.
Juan Carlos Urena. Instructor of Modern Languages, M.A. (Stephen F. Austin
State University) at a salary of $40,000 for 100 percent time for nine months,
effective August 27, 2007, contingent upon completion of doctorate by December
31,2008.
Sciences and Mathematics
Kent Riggs, Assistant Professor of Mathematics and Statistics, Ph.D. (Baylor University)
at a salary of $47,000 for 100 percent time for nine months, effective August 22, 2007.
STAFF APPOINTMENTS FOR 2007 - 2008
Admissions
Ryan A. Home, Admissions Counselor at a salary of $28,000 for 100 percent time
for 12 months, effective February 12, 2007.
Rachel Jennifer Lambert, Admissions Counselor at a salary of $28,000 for 100
percent time for 12 months, effective February 12, 2007
Information Technology Services
Stephen D. Rasmussen, Network Support Specialist III at a salary of $46,519 for
100 percent time for 12 months, effective March 26, 2007.
Marketing
Emily Louise Taravella, Editorial Coordinator for Public Affairs at a salary of
$34,000 for 100 percent time for 12 months, effective February 19, 2007.
President's Office
Charlotte Ann Sullivan, Government Information Officer at a salary of $17,000
for 49 percent time for 4 months, effective February 1, 2007.
University Affairs
Jennifer L. Davis, Outreach Coordinator for Counseling and Career Services at a
salary of $30,000 for 100 percent time for 12 months, effective February 5, 2007.
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Jonathan M, Elder, Student Organizations/Greek Life Coordinator for Student
Affairs at a salary of $35,000 for 100 percent time for 12 months, effective
February 26, 2007.
Amanda P. Home (Windham), Student Activities Association Coordinator for
Student Affairs at a salary of $35,000 for 100 percent time for 12 months,
effective February 5, 2007.
Marie E. Quaresima, Aquatic/Safety/Camp Coordinator for Campus Recreation
at a salary of $33,000 for 100 percent time for 12 months, effective March 5,
2007.
CHANGES OF STATUS FOR 2007 - 2008
Admissions
Tiffany G. Gauntt from Admissions Specialist at a salary of $19,813 effective
January 1, 2007 for 100 percent time for 12 months, to Admissions Counselor at a
salary of $28,240 for 100 percent time for 12 months, effective March 19, 2007.
College of Forestry and Agriculture
Debrah G. Corbin, from Accountant I at a salary of $35,732 for 100 percent time
for 12 months to Assistant to Director Business Ops CRGSC at a salary of
$45,000 for 100 percent time for 12 months, effective January 1, 2007.
College of Liberal and Applied Arts
Charles F. Abel, from Associate Professor of Political Science, Geography and Public
Administration at a salary of $52,017 for 100 percent time for nine months to
Associate Professor and Chair of Political Science, Geography and Public
Administration Department at a salary of $90,000 for 100 percent time for 11 months,
effective September 1, 2007.
Becky Price-Mayo, from Lecturer/Interim Child Welfare Project Director at a salary of
$47,337 for 100 percent for time for 12 months to Lecturer/Director, Child Welfare
Professional Development Project at a salary of $52,365 for 100 percent time for 12
months, effective February 1, 2007.
College of Sciences and mathematics
Robert S. Stewart, from Associate Professor of Biology at salary of $59,573 for
100 percent time for 12 months to Director/Associate Professor of Biotechnology
at a salary of $73,031 for 100 percent time for 12 months, effective September 1,
2006.
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Information Technology Services
Richard M. Kennedy, from Network Support Specialist III at a salary of $46,519
for 100 percent time for 12 months to Network Services Manager a salary
$57,000 for 100 percent time for 12 months, effective January 15, 2007.
Paul T. Davis, from Assistant Director for Information Technology Services at a
salary of $58,630 for 100 percent time for 12 months to Interim Director for
Information Technology Services at a salary of $82,630 for 100 percent time for
12 months, effective March 8, 2007.
Library
Rachel B. Galan, from Librarian II at a salary of $47,193 for 100 percent time for
12 months to Interim Associate Director at a salary of $47,193 for 100 percent
time for 12 months and an additional salary of $500 stipend per month until the
Associate Library Director returns to her position, effective February 5, 2007.
Marketing
Andy R. Kesling, Executive Director of Marketing, from a salary of $96,000 for
100 percent time for 12 months to a salary of $104,400 for 100 percent time for
12 months, effective February 1, 2007, to compensate for additional
responsibilities of maintaining the SFA website.
Registrar
Donna J. Burkett from Degree Audit Coordinator at a salary of $26,050 for 100
percent time for 12 months to Assistant Registrar at a salary of $34,950 for 100
percent time for 12 months, effective March 1, 2007.
University Affairs
Steve Westbrook, from Interim Vice President for University Affairs a salary of
$101,814 for 100 percent time for 12 months, to Vice President for University
Affairs at a salary of $133,000 for 100 percent time for 12 months, effective April
24, 2007. This appointment is contingent upon completion of a doctoral degree
by December 31, 2012.
Michele D'Nese Haddox, from Associate Director of Housing at a salary of
$59,699 for 100 percent time for 12 months to Interim Director of Housing at an
annual salary of $65,699 for 100 percent time for 7 months, effective February 1,
2007.
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RETIREMENTS
John Anson, Professor of Psychology, effective May 31, 2007.
Donald E. Bowen, Professor of Physics and Astronomy, effective March 31,
2007.
Ronald G. Claunch, Chair of Political Science, Geography and Public
Administration Department, effective July 31, 2007.
Linda Morales, Director of School of Social Work, effective July 31, 2007.
Robert T. Ramsey, Chair of Communication Department, effective July 31, 2007.
William M. Wagner, Director of Information Technology Services, effective
April 30, 2007.
PROMOTIONS
The following individuals were granted promotion to the academic rank indicated,
effective fall semester, 2007.
To Assistant Professor:
Dr. Carolyn Davis
Dr. Mark Seaman
Elementary Education
Secondary Education & Educational Leadership
To Associate Professor:
Dr. Charlotte Allen
Dr. Lesa Beverly
Dr. Deborah Buswell
Dr. Philip Catton
Dr. Warren Conway
Ms. Amy George
Dr. Marlene Kahla
Dr. Jeana Paul-Urena
Dr. Garland Simmons
Dr. Gary Wurtz
To Professor:
Dr. Brent Burt
Dr. Michele Harris
Dr. Lynda Martin
Dr. Dixie Mercer
Dr. Kandy Stahl
Management, Marketing & International Business
Mathematics & Statistics
Kinesiology
History
Forestry
Art
Management, Marketing & International Business
Modern Languages
Economics & Finance
Music
Biology
Chemistry
Human Sciences
Human Services
Psychology
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To Professor Emeritus:
Dr. Mingteh Chang
To Librarian II:
Ms. Susan Clarke
Ms. Priscilla Coulter
Forestry
TENURE
Academic tenure was awarded to the following individuals, effective fall semester, 2007.
Dr. Charlotte Allen
Dr. Lesa Beverly
Dr. Philip Catton
Dr. Warren Conway
Dr. Carolyn Davis
Ms. Amy George
Dr. Jeana Paul-Urena
Dr. Kelly Salsbery
Dr. Peter Simbi
Dr. Brian Utley
Management, Marketing & International Business
Mathematics & Statistics
History
Forestry
Elementary Education
Art
Modern Languages
English
Social Work
Music
FACULTY DEVELOPMENT LEAVE FOR 2007-2008
The faculty members listed below were awarded Faculty Development Leave for the
semester indicated.
Fall 2007
Dr. Kathleen Belanger
Dr. Sam Copeland
Dr. Warren Fisher
Mr. Robert Kinsell
Dr. Mark Turner
Spring 2008
Dr. Gregory Miller
Dr. Mark Turner
Social Work
Social Work
Management, Marketing & International Business
Art
Music
Mathematics & Statistics
Music
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REGENTS PROFESSORSHIP FOR 2007-2008
Dr. Leon Young, Professor of Agriculture, was awarded a Regents Professorship for
2007-2008.
FACULTY LEAVE OF ABSENCE WITH PAY
The requested faculty leave of absence was approved for Dr. Larry H. Chasteen,
Assistant Professor of Management, Marketing, and International Business, effective
June 1, 2007, for one year as a William C. Foster Fellow Visiting Scholar with the U.S.
Department of State in Washington, D.C. Dr. Chasteen will receive each month his
regular SFA paycheck. His salary and benefits will be reimbursed to SFA from the
Department of State on a quarterly basis.
STAFF LEAVE OF ABSENCE WITHOUT PAY
Mrs. Robin Redmon Wright, Director, Academic Assistance and Resource Center, was
granted a leave of absence without pay, effective March 27-April 10 for two weeks, to
complete the requirements of writing her dissertation on adult education.
FACULTY LEAVE OF ABSENCE WITHOUT PAY
Dr. Tracy Johnson, Associate Professor of English and Philosophy, was granted a leave
of absence without pay, effective fall 2007 for one year to pursue a Master of Arts in
Theological Studies.
ACADEMIC AND STUDENT AFFAIRS
Board Order 07-20
Upon motion by Regent James, seconded by Regent Boyer, with all members voting aye,
it was ordered that the following academic and student affairs items be approved.
CURRICULUM CHANGES
The undergraduate and graduate curriculum changes listed in Appendix 1 were approved.
SMALL-SIZE CLASSES SPRING 2007
The Spring 2007 small-size class list was approved as shown in Appendix 2.
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APPROVAL OF NAME CHANGE FROM MASTER OF SCIENCE IN FAMILY AND
CONSUMER SCIENCES TO MASTER OF SCIENCE IN HUMAN SCIENCES
The name change requested by the Department of Human Sciences was approved from
Master of Science in Family and Consumer Sciences to Master of Science in Human
Sciences. The program will have the following specialization areas:
• Child Development/Family
• Family & Consumer Sciences
• Fashion Merchandising
• Food, Nutrition & Dietetics
• Hospitality Administration
• Interior Design
• Interior Merchandising
APPROVAL TO MOVE THE DIVISION OF ENVIRONMENTAL SCIENCE TO THE
ARTHUR TEMPLE COLLEGE OF FORESTRY AND AGRICULTURE
It was approved that the entire Division of Environmental Science be moved from the
College of Sciences and Mathematics to the Arthur Temple College of Forestry and
Agriculture. It was additionally approved that he B.S. program in Environmental Science
be moved from the Department of Forestry to the Division of Environmental Science.
This change will be effective for Spring 2008.
PROPOSAL TO OFFER ONLINE THE RN-BSN TRANSITION PROGRAM
Approval was given to offer the on-line RN-BSN Training Program in the School of
Nursing starting Summer 2007.
FINANCIAL AFFAIRS
Board Order 07-21
Upon motion by Regent Thompson, seconded by Regent White, it was ordered that the
following financial affairs item be approved.
ADOPTION OF SUMMER 2007 BUDGET
The FY 2007 annual budget includes $4,011,932 for summer school academic salaries
and benefits. It was approved that academic and summer school support salaries and
benefits included in the annual budget be increased by $295,128 to provide funding for
the education and general salaries of the 2007 summer budget. Student wages of $30,000
are funded from designated funds and salaries and benefits of $258,488 are funded from
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restricted contract and grant funds. The total summer budget of $4,595,548 was approved
as presented.
Board Order 07-22
Upon motion by Regent Thompson, seconded by Regent White, with all members voting
aye, it was ordered that the following financial affairs item be approved:
PAYMENT OF HOUSING DEBT SERVICE WITH HOUSING PHASE I BOND
PROCEEDS
It was approved that the residual balance of $ 1,161,243 in the Housing Phase I Bond
Proceeds be used to reimburse that amount of debt service for Fiscal year 2007.
BUILDING AND GROUNDS
Board Order 07-23
Upon recommendation of the Building and Grounds Committee, with all members voting
aye on all items, with the exception of the item concerning the construction manager at
risk for the EDC, for which Joe Max Green recused himself from discussion and voting,
it was ordered that the following building and grounds items be approved.
GIFT OF REAL ESTATE AND NAMING OF JIMMY HINDS PARK
The Board of Regents approved the proposed gift of property from the Jimmy Hinds
family, namely Barbara Finney, Patricia Spearman, Susan Knox and Dan H. Hinds, Jr.
This property adjoins the SFA Pineywoods Native Plant Center and is approximately 2.5
acres located on East Austin and Lanana Creek, legally described as Lots 25-B-2 and 25-
A-l of Block 50, Nacogdoches, Texas. The property was accepted for use by the
university as a park for the period of the life of the donors plus 21 years, contingent upon
final agreement on deed restrictions. Upon acceptance of the gift and all final approvals,
it was approved that the 2.5 acre park area be named the Jimmy Hinds Park and that the
President be authorized to sign any gift and or deed documents relating to the property
transfer.
CONTRACTING WITH ARCHITECT/ENGINEER FOR EDUCATION RESEARCH
CENTER
The Board of Regents selected 3D/International as the architect/engineering firm for the
design of the Education Research Center. The board based its selection upon the
recommendation of the Building and Grounds Committee; committee members
had interviewed each of the finalists in the selection of the architect/engineer for the
Education Research Center at its meeting on April 23, 2007. The interviewed firms
included: HOK, Page-Southerland-Page, HKS and 3D/I.
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Major discussion issues in the recommendation of 3D/I as the contracted Architect for the
Education Research Center, with HKS selected as the second choice firm, included:
• firm's ability to deliver programmatically what is needed to blend a research
program with an early childhood lab, charter school, and teaching facility;
• firm's ability to design both outside and inside space that meets the needs of
the above programs;
• firm's ability to meet a fast-track timeline targeted at opening the facility Fall,
2009
• successful completion of Human Services/Telecommunications Building on
our campus by 3D/I
• broad experiences 3D/I had in developing the construction manager at risk
process and associated legislation
• unique expertise that Dr. Strickland on 3D/I team brought to the project with
his background in early childhood education
Only if a contract cannot be successfully negotiated with 3D/International, authorization
was given to begin negotiations with HKS, as the second choice firm. Authorization was
given, subject to effective status for the legislation, to seek Coordinating Board approval
of the Education Research Center project not to exceed $28,000,000. The president was
authorized to sign any documents or contracts necessary to complete the work.
CONTRACTING WITH CONSTRUCTION MANAGER AT RISK FOR EDUCATION
RESEARCH CENTER
J.E. Kingham Construction Company was selected as the construction manager at risk for
the Education Research Center project and the president was authorized to sign any
contracts necessary to complete the work.
GERALD W. SCHLIEF DEPARTMENT OF ACCOUNTING RENOVATION
The university was authorized to renovate the Gerald W. Schlief Department of
Accounting lobby and office suite. The renovation will include electrical, lighting,
ceiling, wall, and floor treatments as considered necessary. Furniture and built-in cabinets
will also be included. The physical plant will act as general contractor for the project. The
cost will not exceed $175,000 and will be paid from funds generously donated by Mr.
and Mrs. Gerald Schlief.
ELECTRICITY PURCHASING AUTHORIZATION
The current electricity provider for the university, Texas Utilities, was selected by an
RFP process in cooperation with Texas A&M University. The current contract expires
September 1, 2007. SFA will again work with Texas A&M in the selection process for an
electricity provider. The university was authorized to finalize the contract on behalf of the
board when the best and final price is provided. The university was authorized to enter
into a one or two year contract depending on the offer made by the provider and, with the
approval of the president, the vice president for finance and administration was
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authorized to sign the necessary contracts or other documents permitting the A&M
System to commit SFA to an electric utility purchase deemed to be the best option for
SFA.
The following item was deferred:
COMPREHENSIVE STUDY - STUDENT HOUSING (DEFERRED)
The administration recommends that the Housing Department be authorized to solicit
proposals from firms that specialize in comprehensive higher education housing plans for
conducting a comprehensive student housing study at SFA that will include the following
elements:
A. Market Analysis
B. Facility Assessment
C. Residential Program Analysis
D. Plan Development/Cost Models
E. Final Report
The proposals submitted will be evaluated by representatives of the Housing Department
and the Physical Plant. The administration further recommends that the president be
authorized to sign the contract with the firm selected through this evaluation process with
the cost not to exceed $85,000.
The funds for this expenditure will be the funds made available within the Housing
budget when the allocation of the remaining bond proceeds in the Phase I Housing
project is applied to Phase I debt service.
Board Order 07-24
Upon motion by Regent Green, seconded by Regent Thompson, with all members voting
aye, it was ordered that the following items be approved:
AUTHORIZATION FOR CAMPUS WAY-FINDING SIGNAGE PROJECT
The executive director of marketing and the director of physical plant will further
collaborate on this signage project, obtaining samples of proposed signage. The board
authorized the Buildings and Grounds Committee to meet before the next scheduled
board meeting and give final approval for the pedestrian and driving signs, which will be
in place on campus by Fall 2007. This project will have a cost not to exceed $125,000 to
be paid from funds previously authorized and set aside by the board of regents for such
purpose.
DEFERRED MAINTENANCE - GRIFFITH HALL (15); STEEN HALL (17): KERR
HALL (18)
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Approval was given to authorize payment for the maintenance and upgrade items in
student housing as detailed below:
1. Repair, upgrade and make ADA modifications to elevators in Griffith Hall (15) with
costs not to exceed $ 109,200.
2. Repair, upgrade and make ADA modifications to elevators in Steen Hall (17) with
costs not to exceed $407,400.
3. Repair, upgrade and make ADA modifications to elevators in Kerr Hall (18) with
costs not to exceed $109,200.
The funds for these expenditures will be the funds made available within the Housing
budget when the allocation of the remaining bond proceeds in the Phase I Housing
project is applied to Phase I debt service.
The president was authorized to sign any contracts necessary to complete the work.
Board Motion
A motion was made by Regent Wulf and seconded by Regent Thompson to accept the
following recommendation:
REQUEST FOR QUALIFICATIONS AND SUBMISSION OF PROPOSALS - PHASE
HI OF STUDENT HOUSING (AMENDED)
The administration requests authorization to develop a list of qualified design/build firms
to be considered for the Phase HI project by issuing a Request for Qualifications (RFQ).
The RFQs submitted will be evaluated by representatives from the Housing Department
and the Physical Plant along with a representative of the Board of Regents appointed by
the Chair of the Board. The firms selected through this initial evaluation process will be
asked to submit design/build proposals for the project to the Board's Buildings and
Grounds Committee at the regularly scheduled July 2007 meeting. The Building and
Grounds Committee will interview respondents for recommendation to the full Board for
approval.
The Building and Grounds Committee adds to this recommendation that the timeline be
shortened to allow or tear down of Halls 9, 10, 11, and 12 during Fall 2007 to allow for
completion of the Phase III residence hall by Fall 2008.
The motion failed by a vote of 5 to 4.
Board Order 07-25
Upon motion by Regent Green, seconded by Regent White, with five regents voting aye
and three regents voting nay, it was ordered that the following item be approved:
-16-
REQUEST FOR QUALIFICATIONS AND SUBMISSION OF PROPOSALS - PHASE
III OF STUDENT HOUSING
Authorization was given to develop a list of qualified design/build firms to be considered
for the Phase HI project by issuing a Request for Qualifications (RFQ). The RFQs
submitted will be evaluated by representatives from the Housing Department and the
Physical Plant along with a representative of the Board of Regents appointed by the Chair
of the Board. The firms selected through this initial evaluation process will be asked to
submit design/build proposals for the project to the Board's Buildings and Grounds
Committee. The Building and Grounds Committee will interview respondents for
recommendation to the full Board for approval.
UNIVERSITY POLICIES AND PROCEDURES
Board Order 07-26
Upon motion by Regent Boyer, seconded by Regent Green, with all members voting aye,
the Board of Regents adopted the policy revisions as presented in Appendix 3.
REPORTS
President Pattillo presented comments on the following topics:
• Legislative Update
• Student Center
• May 12th Commencement
• Student Recreation Center Opening
• Strategic Plan
Gina Oglesbee, Director of Audit Services, presented a report on the audit plan.
Chris Barker, the Faculty Senate chair, reported on the following topics:
• Faculty concerns
Brittany Scott, president of the Student Government Association, reported on the
following:
SGA President/Vice President Elections
Spirit Rock update
SC Opening
• Sunday night meal options
• Legislation update
• Driving Jacks update
• General overview of year and thank you's
-17-
ELECTION OF OFFICERS
Board Order 07-27
Joe Max Green, Chair of the Nominating Committee, reported to the board on behalf of
the committee, which included Kenneth James, and James Thompson. Upon motion by
Regent Green, seconded by Regent James, with all members voting aye, it was ordered
that Valerie Ertz be elected Chair, James Thompson Vice Chair, and Joe Max Green
Secretary.
The board chair recognized the three outgoing board members, Dr. Margarita de la
Garza-Grahm, Kenneth James, and Fred Wulf, and presented them with a portrait and a
commemorative Lumberjack Axe.
The meeting was adjourned at 10:55 a.m.
-18-
Appendix 1
Undergraduate
New Course Proposals
Appendix 1
Appendix 1
Undergraduate
Course Change Proposals
Appendix 1
Appendix 1
Appendix 1
Undergraduate
Course Deletions
Appendix 1
Undergraduate Program Change Proposals
Appendix 1
SPRING 2007 GRADUATE COURSE PROPOSALS
New Courses
Appendix 1
Course Deletions
Appendix 2
Texas Higher Education Coordinating Board Rules Currently in Effect (9-2006)
Chapter 5. Rules Applying to Public Universities and/or Health-Related Institutions of Higher Education in Texas
Subchapter B. Role and Mission, Tables of Programs, Course Inventory
§5.23 Definitions
§5.23.5 Organized classes—Classes whose primary mode of instruction is lecture, laboratory, or seminar.
§5.23.8 Small classes-Undergraduate level classes with less than 10 registrations, and graduate level classes with less
than five registrations.
§5.26 Offering of Small Classes by Public Universities
In accordance with Texas Education Code, §51.403(d), public universities may offer organized small classes which:
§51.403(d.l) have been approved by the governing board of the university;
§51.403(d.2) is a required course for graduation (the course is not offered each semester or term, and, if canceled, may
affect the date of graduation of those enrolled);
§51.403(d.3) is a required course for majors in this field and should be completed this semester (or term) to keep proper
sequence in courses;
§51.403(d.4) is a course in a newly established degree program, concentration, or support area;
§51.403(d.5) is part of an interdepartmental (cross-listed) course taught as a single class by the same faculty at the
same station, provided that the combined enrollments do not constitute a small class;
§51.403(d.6) is a first-time offering of the course;
§51.403(d.7) is class size-limited by accreditation or state licensing standards;
§51.403(d.8) is class size-limited by availability of laboratory or clinical facilities; or
§51.403(d.9) is voluntarily offered by a faculty member in excess of the institutional teaching load requirement and for
which the faculty member receives no additional compensation.
Source Note: The provisions of this §5,26 adopted to be effective May 28, 2003, 28 TexReg 4124
SMALL CLASSES Spring 2007
Appendix 2
Total Estimated Credit Hours in Small Classes
Total Estimated SFA Credit Hours Spring 2007
Estimated Small Class Credit Hours as a Percentage of SFA Total Credit Hours
548
133,961
.41%
Appendix 3
Policies for Board Review
April 24,2007
p-l
Appendix 3
P-2
Appendix 3
Academic Accommodation of Students with Disabilities
(F-33)
Original Implementation: July 14, 1998
Last Revision: April 20, 2004April 24, 2007
The Law:
It is the policy of Stephen F. Austin State University to comply with the fundamental
principles of nondiscrimination and accommodation in academic programs set forth in
the implementing regulations for Section 504 of the Rehabilitation Act of 1973 and the
Americans with Disabilities Act of 1990; these regulations provide that:
No qualified student with a disability shall, on the basis of disability, be excluded from
participation in, be denied the benefits of, or otherwise be subjected to discrimination
under any ... postsecondary education program or activity ... [Federal Rehabilitation Act
of 1973, Section 504, 84.43]
and
An institution shall make such modifications to its academic requirements as are
necessary to ensure that such requirements do not discriminate or have the effect of
discrimination on the basis of handicap, against a qualified handicapped applicant or
student... Modifications may include changes in the length of time permitted for the
completion of degree requirements, substitution of specific courses required for the
completion of degree requirements, and adaptation of the manner in which specific
courses are conducted. [Federal Rehabilitation Act of 1973, Section 504, 84.44]
The Americans with Disabilities Act of 1990 extends the provisions of the 1973
Rehabilitation Act to private institutions. It also puts in place more effective means for
enforcing the law.
Neither Section 504 nor the ADA requires universities to lower their academic standards
or substantially alter the essential elements of their courses or programs to accommodate
students with disabilities. The requirement to provide reasonable accommodations is
designed to afford an equal opportunity for students with disabilities. Achieving
reasonable accommodations for a student with a disability involves shared responsibility
among students, faculty and staff.
Should a university deny a requested accommodation it must be prepared to show very
clearly that complying with the request would constitute a fundamental alteration; the
unsubstantiated opinion of a faculty member or administrator may not be sufficient for
that purpose. Moreover, the cost of the proposed modification is not usually sufficient
reason for denying a requested accommodation.
P-3
Appendix 3
The following accommodations are very widely accepted in higher education:
• Providing services such as readers, interpreters, and note-takers.
• Allowing extra time for examinations, assignments and projects.
• Permitting exams to be individually proctored, read orally, dictated, or typed.
• Tape-recording lectures.
• Using computer software for assistance in studying and on tests.
• Using alternative testing formats to demonstrate course mastery.
• Changing classrooms as needed for accessibility.
Who must be accommodated?
Students who are requesting support services from SFA are required to submit
documentation through the Office of Disability Services to verify eligibility for
reasonable accommodations; the institution must review and evaluate that documentation.
Students are not required to assume the responsibility for securing a necessary
accommodation. The University is required to provide reasonable accommodations for a
student's known disability so that the student has an equal opportunity to participate in
the courses, activities or programs.
When additional expertise beyond that of the staff of the Office of Disability Services is
needed to assess a student's documentation, the Academic Assessment Committee,
consisting of four members of the faculty who are knowledgeable about disabilities, and
three staff members, including the ADA Coordinator, evaluates the documentation,
requests additional information if, in their judgment, it is required, and makes a
recommendation to the Office of Disability Services.
Documentation must validate the need for services based on the individual's current level
of functioning in an educational setting. If the documentation is found to be insufficient
the institution is not obliged to provide accommodations. If the documentation is found to
be sufficient, appropriate accommodations are recommended.
All levels of academic organization, the college, the department, and the individual
faculty member, are required to provide all qualified students with disabilities with
appropriate, reasonable accommodations.
What accommodations must be provided?
Students with disabilities may be accorded two types of accommodation: They may be
permitted to substitute particular courses for some of those required under their degree
requirements, or they may be afforded approved accommodations within the courses they
take.
If a course substitution is requested, the request must be received by the academic
department that teaches the course to be deleted from the student's requirements no later
than the semester prior to one in which the student proposes to take one or more of the
P-4
Appendix 3
substitute courses. Ordinarily the request should arrive at the department office before the
12th day of classes of a long semester, or the 4th day of classes of a summer session,
Once received by the department, the course substitution request is considered by the
department chair, who consults with the Office of Disability Services before making a
recommendation. The chair's recommendation regarding substitution is forwarded to the
dean of that college. Employing the college's usual procedures for decisions about
curricula, and consulting with other colleges as necessary, the dean makes the final
determination about whether the requested substitution may be allowed, or does, in fact,
represent a fundamental modification of the program in question. Before a course
substitution is considered there should be evidence that even with reasonable
accommodation the student cannot succeed in the required course.
Requests for accommodation within a particular course should, when possible, be
received by the Office of Disability Services before the beginning of the semester in
which the student with a disability is to enroll in the course. Once received, the
accommodation request is considered by Disability Services and, if required, by the
Academic Assessment Committee. If the decision is to recommend against providing the
requested accommodation, the student is informed. If it is decided that accommodation is
to be provided, a record of that recommendation, together with a recommendation of the
general type of accommodation to be provided is sent to the instructor of the subject
course, with a copy to the department chair. In consultation with the chair, the instructor
then meets with the disabled student to work out precisely how the recommended
accommodations are to be implemented in the context of the particular course. To make
provision of appropriate accommodations as effective as possible, students with
disabilities are to meet with instructors from whom accommodations are requested as
early in the semester as possible.
It is expected that the student, the Office of Disability Services, the Academic
Assessment Committee, the department chair, and the course instructor will cooperate to
identify accommodations that meet the student's documented need without
fundamentally altering the course.
Who must provide approved accommodations in a particular course?
Accommodations most commonly requested may include providing services such as
readers, interpreters, and note-takers; allowing extra time for examinations; using
alternate forms of examinations; tape-recording lectures; using computer software for
assistance in studying and on tests; and, on rare occasions, relocating the classroom.
It is the responsibility of the Office of Disability Services to provide readers, interpreters,
and note-takers when needed. The instructor is expected, however, to cooperate with
Disability Services in accommodating these service providers in the classroom.
It is the responsibility of the instructor to organize examinations so students with
disabilities may be accorded extra time and special testing conditions. When possible,
P-5
Appendix 3
special testing will be done within the offices of the academic department. When testing
cannot be done in the department, however, Disability Services will provide secure
facilities and supervision.
When special materials (e.g. Braille transcripts or audio tape recordings of course
materials) are required, it is the joint responsibility of Office of Disability Services and
the instructor to arrange to make these materials available to the student. Such materials
must be made available to students with disabilities at the same time that their equivalents
are given to other students.
It is the responsibility of the department chair, in cooperation with the instructor and the
dean, to relocate courses when required.
How are disagreements to be resolved?
Disagreements will be resolved according to the provisions of Policy F-34. Appeal
Procedure Relating to the Provision of Accommodations for Students with Disabilities.
Source of Authority: Section 501 of the Rehabilitation Act of 1973 and tho Americans
with Disabilities Act of 1990
Cross Reference: Section 504 of the Rehabilitation Act 0/1973, Public Law 93-112,
Title 29 U.S. C. 794 et seq.; and the Americans with Disabilities Act of1990, Public Law
101-336, 42 U.S.C. 12101 et seq.; Appeal Procedure Relating to the Provision of
Accommodations for Students with Disabilities F-34; Accessibility for Persons with
Disabilities F-16, Animals on University Property D-3
Responsible for Implementation: Vice President for Academic Affairs, Director of
Disability Services Vice President for University Affairs
Contact for Revision: Director of Disability Services
Forms: None
P-6
Appendix 3
Academic Freedom and Responsibility (A-2.5)
Original Implementation: August 1, 2000
Last Revision: No&eApril 24, 2007
Institutions of higher education are conducted for the common good. The common good
depends upon an uninhibited search for truth and its open expression. Hence, it is
essential that each faculty member be free to pursue scholarly inquiry without undue
restriction, and to voice and publish individual conclusions concerning the significance of
evidence that he or she considers relevant. Each faculty member must be free from the
corrosive fear that others, inside or outside the University community, because their
vision may differ, may threaten his or her professional career or the material benefits
accruing from it.
Each faculty member is entitled to Ml-freedom in the classroom in discussing the subject
which he/she teaches but is expected not to introduce into his or her teachings
controversial matters which have no relation to the classroom subject. Each faculty
member also serves the nation, state, and community, and when speaking, writing or
acting as such, must be free from institutional censorship or discipline, subject to
academic responsibility as hereinafter set out, and the faculty member should make it
clear that he or she is not speaking for the institution.
Academic Responsibility
The concept of academic freedom for faculty must be accompanied by an equally
demanding concept of academic responsibility of faculty. A faculty member has a
responsibility to the institution, his or her profession, his or her students, and to society-at-
large. The rights and privileges of faculty members extended by society and protected
by governing boards and administrators through written policies and procedures on
academic freedom and tenure, and as further protected by the courts, require reciprocally
the assumption of certain responsibilities by faculty members. Some of these follow
below.
1. The fundamental responsibilities of a faculty member as a teacher and scholar include
maintenance of competence in his or her field of specialization and the exhibition of such
professional competence in the classroom, studio or laboratory, and in the public arena by
such activities as discussions, lectures, consulting, publications, or participation in
professional organizations and meetings.
2. The exercise of professional integrity by a faculty member includes recognition that
the public will judge his or her profession and institution by his or her statements.
Therefore, the faculty member should strive to be accurate, to exercise proper restraint, to
be willing to listen to and show respect to others expressing different opinions, and to
avoid creating the impression that the faculty member speaks or acts for his or her college
or university when speaking or acting as a private person.
P-7
Appendix 3
3. The constitutionally protected right of the faculty member, as a citizen, to freedom of
expression must be balanced with the interest of the State, as an employer, in promoting
the efficiency of the educational services it performs through its employees. A faculty
member's comments are protected even though they may be highly critical in tone or
content, or erroneous, but such statements are not protected free speech if they either
substantially impede the faculty member's performance of his or her daily duties or
materially and substantially interfere with the regular operation of the institution.
4. A faculty member should be judicious in the use of controversial material in the
classroom and should introduce such material only as it has clear relationship to his or
her subject field.
5. A faculty member should be professional in his or her conduct in the classroom and in
his or her relationships with students. The faculty member should maintain respect for the
student and for the student's posture as a learner. The faculty member should make
himself or herself appropriately available to the student for consultation on course work.
6. A faculty member has the responsibility to provide timely and adequate notice of his or
her intention to interrupt or terminate institutional services.
Source of Authority: Vice President for Academic Affairs
Cross Reference: None
Responsible for Implementation: Provost and Vice President for Academic Affairs
Contact for Revision: Provost and Vice President for Academic Affairs
Forms: None
P-8
Appendix 3
Advanced Placement (A-7)
Original Implementation: September 4,1979
Last Revision: January 28, 2003April 24, 2007
Stephen F. Austin State University offers several options for students to earn college
credit through various placement programs and national examinations. Students can
receive college credit through the College Level Examination Program (CLEP),
Advanced Placement Program (AP) of the College Board, International Baccalaureate
Program, and SFA departmental examinations.
The responsibility of initiating a departmental advanced placement program (system that
allows students to by-pass certain courses) or internally administered examinations rests
with the individual department. A request to offer a departmental advanced placement
program must be submitted by the department chair through the dean of the college to the
Academic Affairs Council for review and approval. Departments shall review and update
their programs as part of the university's general bulletin revision process.
Criteria governing the Advanced Placement Program of the College Board and the
College Level Examination Program and the International Baccalaureate shall be
reviewed by the academic departments with recommendations for course credit submitted
through the dean of the college to the Academic Affairs Council for review and approval.
The review of the criteria will be initiated by the Office of Admissions on a periodic basis
dependent upon the receipt of test and resource material from the College Board and the
International Baccalaureate Organization.-
The University's General Bulletin shall communicate the current regulations governing
the Credit by Examination and Advanced Placement Program.
Source of Authority: Vice President for Academic Affairs
Cross Reference: General Bulletin, Student Handbook and Activities Calendar
Responsible for Implementation: Provost and Vice President for Academic Affairs
Contact for Revision: Provost and Vice President for Academic Affairs
Forms: None
P-9
Appendix 3
Affirmative Action (E-4)
Original Implementation: Unpublished
Last Revision: April 20, 2004April 24, 2007
Stephen F. Austin State University is fully committed to the national and state goal of
affording equal employment opportunity to all persons without regard to race, color, sex,
religion, age, national origin, veteran status, or physical or mental disability. The
University's fundamental policy will be to provide equal employment opportunity in all
of its operations and in all areas of employment practices and to assure that there shall be
no discrimination against any employee or applicant for employment on the grounds of
race, color, sex, religion, age, national origin, veteran status, or physical or mental
disability. The University policy extends to recruiting, hiring, training, compensation,
overtime, job classifications, work conditions, promotions, transfers, employee treatment,
suspensions, terminations, layoffs, return from layoffs, tuition aid, recreational programs,
and all other terms, conditions, and privileges of employment. The following special
guidelines apply to University employment practices.
1. Provide equal pay for equal work.
2. Provide hiring standards that do not discriminate on the basis of race, color,
national origin, religion, sex, age, disability, and Vietnam Era veterans.
3. Take affirmative action that will open up job opportunities on all levels to women,
to minorities, to disabled individuals, and to Vietnam era veterans.
In general, an employer may hire the individual best qualified to perform a
particular job. Federal regulations require proof that the search for the best
qualified applicant was conducted actively among those groups usually
discriminated against and that a major effort was made to find the best qualified
individual by actively seeking applications from such groups.
4. Requirements must be job related and qualifications must be the minimum needed
for entrance to a given job, not the maximum expected after experience is
acquired.
5. Recruiting efforts must reach minority and women applicants.
6. Selections must be made following strict guidelines that prevent discrimination in
all phases of the selection process: job analysis, uniform classification, retention
and maintenance of applications, interview practices, and notification of results of
the selection process. Appointments must be made considering only job related
factors.
Additional information concerning the University's affirmative action policy, guidelines
for recruiting, screening, interviewing, employee selection, record keeping, employee
training, performance management and new employee orientation can be obtained from
the Director of Human Resources.
Source of Authority: U.S. Constitution, Amendment XIV; 8 U.S.C., sec. 1321a et seq.;
20 U.S.C., sec. 1681 et seq.; 29 U.S.C., sec. 206, sec. 621 et soq.; 29 U.S.C., sees. 793
and 791; U.S.C., sec. 1500 et seq.; 12 U.S.C., sec. 2000d ot seq., sec. 2000e et seq., soc.
P-10
Appendix 3
6101 et seq.; Texas Civil Practice and Remedies Code, Chapter 106; Texas Human
Resources Code, sec. 121,001 et soq,; V.T.C.S., art. 1113(31) and art, 5221K; Texas
Constitution Article I, sec. 3a; General Appropriations Act; President; Vice President for
Business Affairs
Cross Reference: None US. Constitution, AmendmentXIV; 8 U.S.C, sec. 1324a et seq.;
20 U.S.C, sec. 1681 etseq.; 29 U.S.C, sec. 206, sec. 621 et seq.; 29 U.S.C, sees. 793
and 794; 42 U.S.C, sec. 2000detseq., sec. 2000e etseq., sec. 6101 etseq.; Texas Civil
Practice and Remedies Code, Chapter 106; Texas Human Resources Code, sec. 121.001
et seq.; Texas Government Code Sec. 657.002 etseq.; Texas Labor Code Sec. 21.101 et
seq.; Texas Constitution Article I, sec. 3a; General Appropriations Act
Responsible for Implementation: Vice President for Finance and Administration
Contact for Revision: Director of Human Resources and General Counsel
Forms: None
P-ll
Appendix 3
Doctoral Students: Allowable Credit Hours and
Completion Time for Doctoral Students (A-7.5)
Original Implementation: April 21, 1998
Revision Date: April 30, 2001 April 24, 2007
1. The doctoral degree typically requires a minimum number of credit hours above
those required to obtain a master }s degree. Those students who have reached a
total of 99 or more credit hours above those required for a master's degree
doctoral hours will be disallowed student employment by Stephen F. Austin State
University.
2. Those students who have completed a total of 99 or more credit hours above
those required for a master's degree doctoral hours will be subject to paying
tuition and fees in an amount to be commensurate with the current out-of-state
tuition and fees, or the equivalent of full-cost-of-education as determined by
Stephen F. Austin State University.
3. Every academic year, a formal review of each doctoral student's academic
progress will be conducted subsequent to three years of full-time enrollment by
the appointed graduate program advisor within the department and/or respective
college. In all cases, the review process will be initiated within the
program/department and follow the guidelines set forward in the most current
Graduate Bulletin and/or the most current guidelines as recorded in the Office of
the Associate Vice President for Graduate Studies and Research. Each review will
result in a progress profile to be shared with the student, major professor, graduate
program advisor, department chair, and dean of the college, and placed on record
with the Graduate School. Subsequent to the three-year review, a doctoral student
must file a progress report signed by the major professor with the graduate
program advisor. Accumulation of credit hours in excess of 99 above those
required to obtain a master's degree doctoral hours in excess of 99 while failing
to complete the degree will constitute unsatisfactory progress and vAti-may result
in the termination of the student's degree program. In the case when a student's
program is terminated she/he may request a Post-Termination Review to be
conducted by the department chair, graduate program advisor, and dean of the
college. The Post-Termination Review may result in a recommendation for
reinstatement to the Associate Vice President for Graduate Studies and Research.
4. An appeal for reinstatement beyond the Post-Termination Review may be made in
writing to the University Graduate Council.
Source of Authority; Texas Education Code 61.059 (1); Vice President for Academic
A TT O t t»P
1 V.11CU.13
Cross Reference: Graduate Bulletin, Texas Education Code 61.059 (1)
P-12
Appendix 3
Responsible for Implementation: Provost and Vice President for Academic Affairs
Contact for Revision: Provost and Vice President for Academic Affairs
Forms: None
P-13
Appendix 3
Animals on University Property (D-3)
Original Implementation: Unpublished
Last Revision: April 20, 200AApril 24, 2007
Service animals are welcome in all buildings on campus and may attend any class,
meeting, or other event. Reasonable behavior is expected from the animals while on
campus. If the animal exhibits unacceptable behavior, the handler is expected to employ
the proper training techniques to correct the situation.
Consideration of others must be taken into account when providing maintenance and
hygiene of service animals. Additionally, specific guidelines have been established
concerning service animals living in a campus residency environment.
Definitions:
1. Handler:
Is a person with a disability using a service animal.
2. Service Animal:
Is an animal specially trained to assist a person with a disability and:
a. is used by a person with a disability who has completed a training
program, and
b. animal has been trained by an organization recognized by rehabilitation
agencies as qualified.
Service animals may include:
• guide dogs,
• hearing dogs,
• attendant animals, or
• seizure response animals.
The animal must have had specific training to work the handler's disability.
3. Pet:
A domestic animal housed for sport, companionship, or other non-service
functions. Pets are not allowed within university facilities. An exception would be
small birds in cages and fish in a 10 gallon or less aquarium.
4. Unauthorized Animal:
A pet or any animal that is neither a service animal, nor that is on campus for the
specified limited use of classroom education or research.
Faculty, Staff, and Student Responsibility
• Permit service animals to accompany the handler to all areas of the facility were
the handler is normally allowed to go. A handler may not be segregated from
P-14
Appendix 3
other similar members of the campus community, except where there is real
danger to the animal or where the natural organisms carried by the service animal
would adversely affect research. Exceptions to the exclusions will be reviewed on
a case-by-case basis.
• Do not pet, feed, or deliberately startle/disturb a service animal.
• Do not separate, or attempt to separate, service animals from their handlers.
• Provide handlers living in campus housing with an area for relieving and
grooming the animals.
Documentation and Animal Owner's Responsibility
• For classroom or campus housing settings, handlers must provide appropriate
documentation of a disability to either the department of housing or disability
services. Documentation for use of services animals should include diagnosis,
need for service animal, and how the service animal specifically meets the needs
of the handler's disability.
• The animal must have specific training to work the handler's disability.
• Handlers must abide by all state laws, Nacogdoches city ordinances, and SFA
guidelines related to animals in the city of Nacogdoches, including:
• All animals in the city must have a valid license and tag issued by the city of
Nacogdoches. The license and tag must be renewed annually.
• The handler is required to provide a collar or harness for the license and
vaccination tags to be affixed. Handler shall see that the animal wears the collar
and tags at all times.
• Handler is liable for damages done by service animal.
• Handler must have full control of the animal at all times. Animals are expected
not to run at large, a leash or harness is required.
• Observe housing and food service establishment guidelines.
• Animal's Heath/Cleanliness: All service animals must have an annual clean bill of
health from a licensed veterinarian. Also, cleanliness is mandatory in the campus
situation.
• Vaccination must be current, and based on the veterinarian's recommendations.
• Daily grooming and occasional baths (at a vet or a family home) should keep the
service animal's odor to a minimum.
• Flea control is essential, and adequate preventative measures must be taken. If a
flea problem develops, it should be dealt with immediately and in an effective
manner. In the event a flea problem is not eliminated by the handler, the housing
department will exterminate the property and assess the student the standard
extermination fee.
Housing and Food Service Guidelines:
• Service animals will always be kept under control; and will always be on a leash
except in the student's room with the door closed.
• Disturbing animal vocalization will be kept to an absolute minimum.
• Handlers must relieve animals in designated locations.
P-15
Appendix 3
• Animal food should be kept in a covered storage container to deter pests.
• Animal's paws must be kept off tables, trays and food service counters at all
times.
Unauthorized Animals:
The University Police Department should be notified of any unauthorized animal
discovered on, or in, university property. Upon receipt of a report, an officer will be
dispatched to take appropriate action. Occupants of university housing are not permitted
to keep pets except small birds in cages and small fish in aquariums.
For specific information regarding accessibility, refer to Policy F-16, Accessibility for
Persons with Disabilities. For specific information regarding resolution of disagreements,
refer to Policy F-34, Appeal Procedure Relating to the Provision of Accommodations for
Students with Disabilities. Issues related to Discrimination or Harassment refer to Policy
E-46, Discrimination Complaints/ Sexual Harassment.
Source of Authority: Vice President for University Affairs
Cross Reference: Accessibility for Persons with Disabilities F-16, Appeal Procedure
Relating to the Provision of Accommodations for Students with Disabilities F-34,
Discrimination Complaints/ Sexual Harassment E-46.
Responsible for Implementation: Vice President for University Affairs
Contact For Revision: Chief of University Police and Director of Disability Services
Forms: None
P-16
Appendix 3
Dead Week (A-15)
Original Implementation: June 16, 1982
Last Revision: February 3, 2005April 24, 2007
Dead week is an established tradition in higher education to allow students the necessary
time to prepare for final examinations. During the last five class days of each long
semester, written examinations (except to cover daily assignments) and themes or
assignments beyond normal daily requirements are not to be assigned without written
notification to the students prior to the twelfth class day.
The Division of University Affairs and major student groups (SGA, RHA, IFC,
Panhellenic, UC Programs) of the University shall observe dead week by refraining from
sponsoring on-campus student social activities (parties, dances, films, concerts,
banquets). On-campus advertising for any social activity sponsored off-campus by a
student group during dead week will not be approved.
Source Of Authority: Vice President for Academic Affairs, Vice President for
University Affairs
Cross Reference: Faculty Handbook
Responsible for Implementation: Provost and Vice President for Academic Affairs, Vice
President for University Affairs
Contact For Revision: Provost and Vice President for Academic Affairs, Vice President
for University Affairs
Forms: None
P-17
Appendix 3
Discrimination Complaints/Sexual Harassment (E-46)
Original Implementation: September 1990/February 2, 1982
Last Revision: April 20, 200<\ApriI 24, 2007
1. Purpose:
To provide a working environment of nondiscrimination, equal employment
opportunity, affirmative action, protection from retaliation for members of classes
protected by law, and to comply with Federal and State equal opportunity
employment regulations.
2. Non-discrimination Policy:
It is the policy of Stephen F. Austin State University not to discriminate against
any employee or applicant for employment because of race, color, religion, sex,
age, national origin, disability, or disabled veteran status. Unlawful discrimination
based on sex includes discrimination defined as sexual harassment. Stephen F.
Austin State University is committed to the principles of Equal Employment
Opportunity (EEO) law. An employee who violates this policy is subject to
disciplinary action up to and including termination.
A supervisor or employee commits unlawful employment practice if the
supervisor or employee retaliates or discriminates against a person, who (a)
opposes a discriminatory practice, (b) makes or files a complaint alleging
employment discrimination, (c) or testifies, assists or participates in any manner
in an investigation, proceeding or hearing. Any employee who retaliates against
another employee who opposes alleged employment discrimination violates the
university's policies and procedures and may be subject to disciplinary action up
to and including termination. This policy applies to student complaints that might
involve peer to peer discrimination/harassment and also student employment
discrimination/harassment.
The President or designee will be responsible for overseeing the Discrimination
Complaint/Sexual Harassment Policy and procedures and for ensuring compliance
with EEO laws. All employment decisions will be based on objective, job related,
and measurable criteria that can be consistently applied. Human Resources or
designee will review all employment actions and decisions, to include, but not
limited to, recruitment, selection, promotion, assignment, training, evaluations,
discipline, restructuring, workplace accommodations, and compensation to ensure
consistency of application. Human Resources or designee will annually review all
personnel policies and procedures to ensure compliance with EEO laws and
present any recommendations for updating to the President. All employment
related documents will be maintained in accordance with the university's Texas
State Record Retention Schedule.
3. Definitions:
1. Unlawful Discrimination: Based upon a variety of statutes, both on the
federal and state levels, unlawful discrimination may affect terms and
conditions of the employment or the educational setting and is based upon
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Appendix 3
race, color, religion, sex, age, national origin, disability, or disabled
veteran status. Applicable statutes include: Title VII of the Civil Rights
Act of 1964, Civil Rights Act of 1991, Title IX of the Education
Amendments of 1972, Age Discrimination in Employment Act,
Americans with Disabilities Act, Section 504 of the Rehabilitation Act,
Equal Pay Act, Immigration Reform and Control Act of 1986, and Article
5221k, V.T.C.S. The totality of the facts and circumstances will have a
bearing on whether unlawful discrimination has occurred.
2. Sexual Harassment: Unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature, even if
carried out under the guise of humor, constitute sexual harassment when:
1. Submission to or tolerance of such conduct is made either
explicitly or implicitly a term or condition of an individual's
employment or education; or
2. Submission to or rejection of such conduct by an individual is used
as the basis for academic or employment decisions (including
admissions and hiring) affecting that individual; or
3. Such conduct has the purpose or effect of substantially interfering
with an individual's academic or professional performance or
creating an intimidating, hostile or offensive employment,
educational or living environment
The university will not tolerate sexual harassment of any employee
or student by another employee, supervisor, or other person with
whom an employee or student may have contact with as part of his
or her duties.
The totality of facts and circumstances in any given situation will
have a bearing upon whether unlawful discrimination or sexual
harassment has occurred.
Required Equal Employment Opportunity (EEO) Training:
The University is required by the Texas Labor Code 21.010 to provide training to
each new employee on policies regarding discrimination and harassment no later
than 30 days after the date of hire. In addition, supplemental training is required
every two years. All employees will receive a copy of the University's
Discrimination Complaint/Sexual Harassment Policy and procedures within 30
days of employment. A signed statement verifying attendance is required to be
maintained in the employee's personnel file.
Management and Supervisory Responsibilities:
Vice Presidents, Deans, Directors and Department Chairs shall take appropriate
steps to disseminate this policy statement and to inform employees and students
of procedures for lodging complaints. Vice Presidents, Deans, Directors, and
Department Chairs are required and students are urged to notify the Director of
Human Resources, ADA Coordinator or the appropriate Dean, Director, or
Department Chair for the area involved when they learn of an instance of
unlawful discrimination or sexual harassment.
P-19
Appendix 3
6. Employee Responsibilities and Student Responsibilities:
While not required, all employees are urged to contact the Director of Human
Resources or the appropriate Dean, Director, or Department Chair for the area
involved when they learn of an instance of employee related unlawful
discrimination or sexual harassment. Students are urged to contact the Director of
Human Resources, ADA Coordinator or the appropriate Dean, Director, or
Department Chair for the area involved regarding employee related unlawful
discrimination or sexual harassment. Student to student infractions should be
reported to the Office of Student Development.
7. Complaint Procedure:
Employees may report a discrimination or sexual harassment complaint without
fear of retaliation. All university employees are responsible for immediately
reporting discrimination or sexual harassment complaints to the Director of
Human Resources, or ADA Coordinator (as applicable), or may additionally be
reported to a Vice President, Dean, Director or Department Chair for the area
involved. Student to student complaints should be reported to the Judicial Officer,
or the ADA Coordinator (if applicable).
Complaints should be filed as soon as possible after any incident, but no later than
180 days from the incident involving unlawful discrimination or sexual
harassment
Complaints must be made in writing and signed by the individual submitting the
complaint. While investigators will attempt to maintain as much confidentiality as
possible, complete anonymity may give way to the University's obligation to
investigate and take appropriate action.
If a pattern of harassment appears to exist but no complainant files charges, the
University may file a third-party charge against an individual. Such charges will
be handled with as much care and control as any other complaint so as to avoid
acting on rumor or unjustified accusation.
8. Investigative Process:
1. Employee Related Complaints
Once a complaint has been brought to the attention of a Supervisor,
Department Chair, or other individual in a management level position, that
person must report the complaint to the Director of Human Resources as
soon as possible. Every attempt should be made to keep the information
confidential and restricted to only those who have an absolute need to
know. As there may be more than one complainant in an unlawful
discrimination or sexual harassment case, the term "complainant" as used
herein shall refer to one or more complainants.
The Dean or Director (or other appropriate administrator) for the area
involved will normally begin the investigation of the charges within 10
working days from when it was received, not as a representative of the
complainant, but as an impartial party. If the Director is the direct
P-20
Appendix 3
supervisor of the accused, the Vice President will assign an alternative
director from within their division so the investigator is not investigating
his or her own department. The investigation shall normally be conducted
within 45 working days thereafter the letter of finding will be forwarded to
the Director of Human Resources and the General Counsel at the end of
the investigation. Case complexity will vary and the termination of the
investigation will depend on case circumstances; however, the
investigation will commence within the designated time and will conclude
under normal circumstances within 45 working days. It is incumbent upon
the investigating official to document a reasonable justification for
extending an investigation beyond 45 working days. Investigation of a
complaint normally will include conferring with the parties involved and
may proceed as necessary with examination of relevant documentation
and interviews with other employees or students. Discretion should be
exercised in determining which witnesses are indeed necessary to the
investigation. The Dean or Director conducting the investigation may also
consult with appropriate management personnel, including the Director of
Human Resources, the ADA Coordinator, and the General Counsel for
advice and guidance as applicable. After investigating the allegations, the
Dean or Director will meet with the accused employee, provide the
accused with the allegations and an opportunity to respond to the
allegations. The investigator is responsible for responding to each
allegation that the complainant has made. This response should be in the
form of a memo describing the investigator's findings and conclusions.
The memo summary should include a brief overview of the investigative
process including the categories and numbers of individuals interviewed
(excluding names), timelines, a summary of each allegation, a summary of
the findings by the investigator, and a summary of the investigator's
conclusions and recommendations. This memo should be addressed to
both the complainant and the accused with copies provided to the
appropriate Vice President, the General Counsel, and the Director of
Human Resources. If the complainant or the accused are not satisfied
with the results of the investigation as presented in the memo from the
investigator, they may appeal in writing to the appropriate Vice President
within 30 days of the date of the memo.
If the complaint cannot be resolved to the satisfaction of all parties, the
Dean or Director, working with the Director of Human Resources and the
General Counsel, will make a recommendation, normally within 20 days
of receipt of the complaint to the appropriate Vice President as to whether
any disciplinary action should be taken. A summary of the case will be
provided to the Vice President. Recommendations of the Dean or Director
to the Vice President may include dismissing of the charges; warning,
suspension or termination of the accused; allowing the parties to sign a
written statement of agreement resolving the differences between them;
counseling; or other appropriate disciplinary action. A general status
P-21
Appendix 3
report of the investigation should be provided to the complainant and the
accused upon completion of this investigative phase.
2. Student to Student Complaints:
The Judicial Officer shall investigate student to student complaints and
follow the timeframes described in the preceding guidelines for
employees. If student discipline is recommended, the Rules of Procedure
in Student Disciplinary Matters will guide the proceedings. Said rules are
located on the SFA Web Page for student policies and procedures or may
be obtained from the Office of Student Affairs. Informal and formal
disposition procedures are outlined within the policy; and, it contains full
due process procedures.
9. Review by the Appropriate Vice President for Employee Related
Complaints:
After the Vice President has offered to meet with the accused and if necessary, to
meet with the complainant and witnesses, he/she will accept, modify or reject the
recommendation of the Dean or Director. If the Vice President concludes that the
charges are serious enough to require termination or suspension, the faculty
member or staff member may be placed on a leave of absence with pay, pending a
hearing by the review board and action by the President.
The Vice President's review should generally be completed within 10 days from
receipt of the matter, unless additional time is required in fairness to the parties. A
general status report should be forwarded to the complainant and the accused at
the conclusion of the Vice President's review.
10. Review by the Employee Discrimination Complaint Review Board:
If the decision of the Vice President is not satisfactory to either party
(complainant or accused), that individual(s) has 5 days in which to request a
formal hearing of the Discrimination Complaint Review Board ("Review Board").
The request must be put in writing to the Vice President issuing the decision.
The Review Board of three individuals will be selected from a panel of 20 pre
selected faculty members and 20 pre-selected staff members to be appointed by
the President. If the accused is a faculty member, the Review Board will be
composed of at least two faculty members. If the accused is a staff member, the
review board will be composed of at least two staff members. The complainant
will select one member and the accused will select one member from the
applicable panel. The two selected members will choose a third person from the
panel. None of these individual review board members shall be from the
department of the accused or the complainant (if applicable). These three
individuals will comprise the Review Board and will elect a Chair from among
themselves. The University President may remove any selected Review Board
member if substantial proof of bias exists.
The Chair of the Review Committee is responsible for coordinating the hearing.
The complainant, the accused, and the University all have the right to be advised
by counsel, but lawyers will not be allowed to conduct or participate in the
P-22
Appendix 3
hearing. The day prior to the scheduled Review Committee hearing, each side
shall submit a list of its witnesses and copies of its documentary evidence to the
Chair. A list of witnesses and a summary list of the evidence will be provided to
each side. The rest of the Review Committee will not receive the material until
the time of the hearing. All materials presented must be maintained in a
confidential manner by all parties involved.
The Dean or Director who conducted the investigation will apprise the Review
Board of the charges and will normally present all relevant evidence. Both parties
will have an opportunity to respond to the charges and present evidence. Each
party may make a 5 minute opening statement prior to presentation of the
evidence. The burden will be on the complainant to prove by the greater weight of
the credible evidence that the accused has committed an act of sexual harassment
and/or unlawful discrimination. Cross examination of the witnesses is allowed by
all parties. Each party may make a 5 minute closing statement.
The Chair of the Review Board will conduct a fair hearing before the complainant
and the accused and shall allow relevant witnesses and evidence from both
parties. The hearing shall be closed to the public. The General Counsel may
and/or the Director of Human Resources may be consulted in procedural matters
of the review board and may be present at meetings. All information presented in
the hearing is confidential and restricted to only those who have an absolute need
to know.
The Review Board will normally have 5 days after the completion of the hearing
to summarize its findings and make a written recommendation to the President.
11. Review by the President for Employee Related Complaints:
The President may accept, reject, or modify the decision of the Review Board and
will have access to all evidence, both parties, and witnesses as deemed
appropriate. In all instances except where a faculty member's tenure is revoked or
a faculty member is being terminated during the term of their employment, the
decision of the President is final. In cases where tenure is being revoked or a
faculty member is being terminated during the term of employment, the case will
be forwarded to the Board of Regents for a final determination. Pending action by
the Board of Regents, the faculty or staff member may be suspended without pay
and removed from the University or assigned to other duties with pay at the
President's discretion. Final disposition of the case will be communicated to the
accused employee and the complainant.
12. Employee Sanctions:
1. University imposed: University sanctions for violations of this policy may
include any disciplinary action, up to and including termination of
employment for faculty or staff. Such activities may be viewed as
constituting moral turpitude or substantial neglect of academic
responsibilities under the Faculty Handbook and a major work rule
violation under the Staff Discipline and Discharge Policy.
P-23
Appendix 3
2. Civil: Unlawful discrimination and sexual harassment are illegal under
state and federal law. Official governmental investigations by the Equal
Employment Opportunity Commission, the Texas Commission on Human
Rights, and/or the Office of Civil Rights of the Department of Education
may result in civil lawsuits against any person guilty of unlawful
discrimination or sexual harassment.
3. Criminal: Sexual harassment by a public servant is a criminal offense
under 39.02 of the Texas Penal Code. Depending on the severity of the
acts, sexual harassment may also specifically include indecent exposure,
public lewdness, assault, or sexual assault under Chapter 21 and 22 of the
Texas Penal Code.
4. False charges may result in disciplinary action against the complainant by
the University or civil charges against the complainant by the accused. An
unsubstantiated charge is not considered "false" unless it is found to be
made with the knowledge of it being false.
13. Student Sanctions:
Disciplinary action for student to student related complaints may range from
sensitivity counseling to suspension or dismissal. False charges may also result in
disciplinary action. An unsubstantiated charge is not considered "false" unless it is
found to be made with knowledge of it being false.
14. The Dean/Director (or other appropriate administrator) who investigated the
complaint will be responsible for monitoring the circumstances surrounding the
complaint to insure the situation has been remedied.
15. The Human Resources Director or designee will be responsible for maintaining a
log of all formal complaints and the results of such complaints.
Source of Authority: President
Cross Reference: Faculty Handbook, Non-Academic Employee Handbook; 42 U.S.C.
2000e; 42 U.S.C 1981; 20 U.S.C 1681-1688; 29 U.S.C 621 etseq.; 29 U.S.C 794 et
seq.; 29 U.S.C 206(d); 8 U.S.C 1101; Texas Labor Code Sec. 21.101 etseq.; Texas
Penal Code, Sec. 39.02
Responsible for Implementation: President
Contact for Revision: Director of Human Resources and General Counsel
Forms: None
P-24
Appendix 3
Distribution of Payroll (C-12)
Original Implementation: Unpublished
Last Revision: April 20, 200<\April 24, 2007
University employees are paid monthly or semi-monthly for work done in the previous
month. Salaried employees are paid on the 1st of the month. Hourly employees are paid
on the 1st and 15th of the month. If the 1st or 15th falls on a weekend or holiday,
employees are paid on the first working day following the weekend or holiday.
It is SFA's intent to pay all employees by direct deposit. Employees must complete a
direct deposit authorization form, which is available in the payroll department of the
Controller's Office. Direct deposits can be made electronically to any financial institution
that accepts electronic transfers. It is the employee's responsibility to insure verify that
their pay has been deposited into their account.
If an employee has not authorized direct deposit, a payroll check will be produced.
Payroll checks are released at the Business Office at 11:00 a.m. on paydays. Picture
identification is required of each person picking up a payroll check.
Release of payroll check to another person
An employee wishing to have his/her payroll check released to another individual must
provide that individual with signed authorization. The authorization must be presented to
the Business Office, along with picture identification of both the employee and the person
obtaining the check. The employee's identification must also include a sample of the
employee's signature, which can be compared with the signed authorization (e.g., a state
driver's license).
Mailing of payroll check
An employee wishing to have his/her payroll check mailed must provide a signed
authorization and self-addressed stamped envelope to the Business Office. The check will
be mailed on the payday.
Source of Authority: Vice President for Business Affairs
Cross Reference: None
Responsible for Implementation: Vice President for Finance and Administration
Contact for Revision: Controller
Forms: NemDirect Deposit Authorization form, available in the Payroll Office
P-25
Appendix 3
Educator Teacher Preparation fA-6)
Original Implementation: September 1, 1987
Last Revision: July 25, 2002April 24, 2007
Since its establishment in 1923 as a teachers college, Stephen F. Austin State University
has played a leading role in preparing professional personnel for the public schools of
Texas. The preparation of highly competent teachers, principals, superintendents, and
other school personnel to staff the schools of the State continues to be a major function of
the University.
TeacherEducvAov preparation is a University-wide function governed by policies
developed by the Teacher Education Council. In developing and executing policies, the
Council gives due consideration to relevant State and Federal law, to University Policies
and Procedures, to recommendations from appropriate advisory committees, to guidelines
of the Texas Higher Education Coordinating Board, to rules of the Texas Education
Agency (TEA)/State Board for Educator Certification (SBEC), and to the program
standards of the National Council for Accreditation of Teacher Education (NCATE) and
its professional organization affiliates. Accreditation by SBEC and NCATE assures
program quality.
The Council review? proposals for changes in teaching field programs and in professional
education programs to assure appropriate curricula. Also, it establishes criteria for
program admission and retention and for recommendation for educator certification or
licensing.
The Council is chaired by the Dean of the College of Education and is composed of
faculty members appointed by the Provost and Vice President for Academic Affairs from
nominees submitted by the Dean of Education after consultation with the deans of other
colleges offering the various teaching fields. Other members of the Council include the
Associate Dean of Education, who serves as Council Secretary, and two representatives
of the Texas Student Education Association appointed by its president.
Source of Authority: Texas Education Code, Title II, Sub Title D, Chapter 21,
Subchaptor B, soc 21.011, President, Provost and Vice President for Academic Affairs
Cross Reference: General Bulletin, Graduate Bulletin, Texas Education Code, Title II,
Sub Title D, Chapter 21, Subchapter B, sec. 21.044
Responsible for Implementation: Provost and Vice President for Academic Affairs
Contact for Revision: Provost and Vice President for Academic Affairs
Forms: None
P-26
Appendix 3
Employee Enrolling for Courses (E-16)
Original Implementation: Unpublished
Last Revision: April 20, 200<\April 24, 2007
If departmental workloads permit, full-time employees may take one course per semester
of either three or four semester credit hours during working hours.
Approval of the employee's supervisor must be obtained in advance, and arrangements
must be made with the supervisor to schedule make-up time for work missed.
Exceptions to this policy will be considered, but approval must be obtained in writing
from the employee's supervisor and the appropriate vice president.
Source of Authority: Vice President for Business Affairs
Cross Reference: Non-Academic Employee Handbook
Responsible for Implementation: Vice President for Finance and Administration
Contact for Revision: Vice President for Business AffairsFinance and Administration
Forms: None
P-27
Appendix 3
Family and Medical Leave (E-58)
Original Implementation: August 5, 1993
Last Revision: April 28, 2005April 24, 2007
Employees are eligible to take up to twelve (12) weeks of family/medical leave within
any 12 month period and be restored to the same or an equivalent position upon return
from leave, provided that the employee has worked for the State of Texas for at least
twelve (12) continuous months and for at least 1,250 hours within thate previous twelve
(12) month period. Leave without pay may begin after all available applicable paid leave
has been exhausted and will be included in the twelve (12) weeks of Family and Medical
Leave Act (FMLA). Applicable Sick Leave Pool benefits and leave resulting from
Workers' Compensation claims (See Workers Compensation Coverage Policy E-55 for
more details) will be included in the twelve (12) week period. For purposes of the FMLA,
a rolling twelve (12) month period will be measured backward from the date leave
begins.
Reasons For Family/Medical Leave: Eligible faculty and staff may take family/medical
leave for any of the following reasons:
1. the birth of a child and in order to care for such child;
2. the placement of a child with the employee for adoption or foster care;
3. to care for a spouse, son, daughter, or parent with a serious health condition; or,
4. because of the employee's own serious health condition which renders the employee
unable to perform the job functions essential to the employee's position.
Leave because of reasons (1) or (2) must be completed within the twelve (12) month
period beginning on the date of birth or placement. An employee is allowed to use sick
leave for the period of time that is certified by the physician to recover from childbirth.
While an employee may take additional time off under FMLA (including annual leave, or
leave without pay), the employee may not use sick leave for this additional time unless
the employee or the infant is actually sick. In addition, spouses, employed by Stephen F.
Austin State University who request leave because of reasons (1) or (2) or to care for an
ill parent may only take a combined total of twelve (12) weeks during any twelve (12)
month period.
Employees with less than 12 months of state service and/or less than 1,250 hours of work
in the 12 months immediately preceding the start of leave are entitled to a parental leave
of absence, not to exceed 12 weeks (480 hours), if the employee uses all available and
appropriate paid vacation and sick leave while taking the parental leave. Such parental
leave may only be taken for the birth of a natural child or the adoption or foster care
placement with the employee of a child under three years of age. The leave period begins
with the date of birth or the adoption or foster care placement.
P-28
Appendix 3
Sick leave may be used in conjunction with FMLA leave when a child under the age of
three is adopted regardless of whether the child is actually sick at the time of adoption.
Furthermore, an employee, who is the father of a child, may use his sick leave in
conjunction with the child's birth only if the child is actually ill, or to care for his spouse
while she is recovering from labor and delivery.
Notice of Leave: If the need for family/medical leave is foreseeable, the employee must
give thirty (30) days prior written notice. If this is not possible, the employee must give
notice within one to two working days of learning of the need for leave or as soon as
practicable. Failure to provide such notice may be grounds for delay of leave. Where the
need for leave is not foreseeable, the employee is expected to notify the supervisor and
Human Resources within 1 to 2 working days of learning of the need for leave, except in
extraordinary circumstances. Requests for Family/Medical Leave forms are available
from Human Resources. Employees should use these forms when requesting leave.
Medical Certification: If an employee is requesting leave because of their own or a
covered relation's serious health condition, the employee and the relevant health care
provider must supply appropriate medical certification. Medical Certification Forms may
be obtained from Human Resources. The form must be returned to the Director of Human
Resources within fifteen (15) days after the date leave is requested. Failure to provide
requested medical certification in a timely manner may result in denial of leave until the
certification is provided. The University, at its expense, may require an examination by a
second health care provider designated by the University. If the second health care
provider's opinion conflicts with the original medical certification, the University, at its
expense, may require a third, mutually agreeable, health care provider to conduct an
examination and provide a final and binding opinion. The University may require
subsequent medical re-certification on a reasonable basis.
Reporting While On Leave: If an employee takes FMLA because of a personal serious
health condition or to care for a covered relation, the employee must contact the
supervisor at least once each week, or as often as requested by the supervisor, regarding
the status of the condition and the intention to return to work. The supervisor is
responsible for reporting this information to the Director of Human Resources.
Additionally, you are required to call Human Resources on the 1st and 3rd Monday of
each month during your leave to report your leave and/or return to work status.
Leave Is Unpaid: Family/medical leave is unpaid leave after applicable vacation leave
and sick leave have been exhausted. Employees may apply for sick leave from the Sick
Leave Pool which, if approved, will be included within the FMLA period. Employees
may be eligible for short or long-term disability payments and/or workers' compensation
benefits under the provisions of those plans. This leave time will also be included in the
twelve (12) week period of FMLA. The use of paid leave time does not extend the twelve
(12) week leave period.
Medical And Other Benefits: During an approved family/medical leave, the University
will maintain the State contribution for the employee's health benefits as if the employee
P-29
Appendix 3
continues to be actively employed. During periods of paid FMLA leave the University
will deduct the employee's portion of the insurance premiums as a regular payroll
deduction. If the employee's FMLA leave is unpaid, the employee portion of the premium
must be paid by the employee through the Benefits Manager in Human Resources. The
employee's insurance coverage will cease if the premium payment is more than thirty
(30) days late. If the employee elects not to return to work at the end of the FMLA leave
period, the employee will be required to reimburse the University for the cost of the
premiums paid by the University for maintaining coverage during the leave, unless the
employee cannot return to work because of a serious health condition or other
circumstances beyond the employee's control. An employee on FMLA is not entitled to
accrue state service credit for any full calendar months of leave without pay taken while
on FMLA and does not accrue vacation or sick leave for such months of leave without
pay.
Intermittent And Reduced Schedule Leave: Leave because of a serious health condition
may be taken intermittently (in separate blocks of time due to a single health condition)
or on a reduced leave schedule (reducing the usual number of hours worked per work
week or work day), if medically necessary. A reduced schedule is subject to availability
depending on the business need of the department or the University. If leave is unpaid,
the University will reduce the employee's salary based on the amount of time actually
worked. In addition, while the employee is on an intermittent leave or reduced schedule,
the University may temporarily transfer the employee to an alternative position which
better accommodates recurring leave and which has equivalent pay and benefits.
Returning From Leave: If the employee takes leave because of a personal serious health
condition, the employee is required to provide medical certification that the employee is
fit to resume work. Return to Work Medical Certification Forms (Attachment C) may be
obtained from Human Resources. Employees failing to provide the Return to Work
Medical Certification Form will not be permitted to resume work until it is provided.
Extended Leave For Serious Health Conditions: Leave taken because of the employee's
personal serious health condition may be extended on a month-to-month basis for a
maximum of an additional twelve (12) weeks upon: (1) written request to the University;
(2) proof that the serious health condition has continued; and, (3) approval by the
University, subject to the department's business needs. If the employee does not return to
work on the originally scheduled return date nor request in advance an extension of the
agreed upon leave with appropriate documentation, the employee will be deemed to have
voluntarily terminated employment with the University. If the employee requests an
extension of leave beyond the initial twelve (12) week period, he/she must submit
medical certification of continued serious health condition in advance for each month of
extended leave. Reinstatement is not guaranteed on an extended leave and will depend on
University needs. If the employee's cumulative leave for any reason extends beyond
twenty-four (24) weeks in any two-year period, the employee automatically will be
deemed terminated, but may be entitled to disability payments in accordance with the
University's disability insurance and/or workers' compensation plans, if applicable.
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Appendix 3
Definitions: For the purpose of this policy, the following definitions apply.
Applicable Paid Leave - Sick leave and vacation accruals.
Spouse - Those recognized as spouses by the State of Texas.
Parent - Parent includes biological parents and individuals who acted as the employee's
parents, but does not include parents-in-law.
Son or Daughter - Son or daughter, legally recognized, includes biological, adopted,
foster children, stepchildren, and legal wards, who are under eighteen (18) years of ago
but incapable of caring for themselvos.are under eighteen (18) years of age or eighteen
(18) years of age or older and incapable of self care because of mental or physical
disability.
Serious Health Condition - A serious health condition means any illness, injury,
impairment, or physical or mental condition that involves: (1) any incapacity or treatment
in connection with inpatient care; (2) an incapacity requiring absence of more than three
calendar days and continuing treatment by a health care provider; or, (3) continuing
treatment by a health care provider of a chronic or long-term condition that is incurable
or will likely result in incapacity of more than three days if not treated.
Continuing Treatment - Continuing treatment means: (1) two or more treatments by a
health care provider; (2) two or more treatments by a provider of health care services
(i.e., physical therapist) on referral by or under orders of a health care provider; (3) at
least one treatment by a health care provider which results in a regimen of continuing
treatment under the supervision of the health care provider (i.e., a program of medication
or therapy); or, (4) under the supervision of, although not actively treated by, a health
care provider for a serious long-term or chronic condition or disability which cannot be
cured (i.e., Alzheimer's or severe stroke).
Health Care Provider - Health care provider includes: licensed medical (MD) and
osteopathic (OD) doctors, podiatrists, dentists, clinical psychologists, optometrists,
chiropractors authorized to practice in the State, nurse practitioners and nurse-midwives
authorized under State law, and Christian Science practitioners.
"Needed To Care For" - "Needed to care for" a family member encompasses: (1) physical
and psychological care; and, (2) where the employee is needed to fill in for others
providing care or to arrange for third party care of the family member.
"Unable To Perform The Functions Of The Employee's Job" - The phrase "unable to
perform the functions of the employee's job" means an employee is (1) unable to work at
all; or, (2) unable to perform any of the essential functions of their position. The term
"essential functions" is borrowed from the Americans with Disabilities Act (ADA) to
mean "the fundamental job duties of the employment position," and does not include the
marginal functions of the position.
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Appendix 3
Source of Authority: United States Department of Labor, Title 29, Part 825, Code of
Federal Regulations, The Family and Medical Leave Act of 1993; Texas Government
Code Sec. 661.912
Cross Reference: Neae United States Department of Labor, Title 29, Part 825, Code of
Federal Regulations, The Family and Medical Leave Act of 1993; Texas Government
Code Sec. 661.912
Responsible for Implementation: Vice President for Finance and Administration
Contact for Revision: Director of Human Resources and General Counsel
Forms: Family/Medical Leave Request for Leave Form, Certification of Physician or
Practitioner Form, Family/Medical Leave Return to Work Medical Certification Form
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Appendix 3
Final Examinations (A-19)
Original Implementation: June 16, 1982
Last Revision: April 22, 2003Apri! 24, 2007
Faculty members conducting classes shall adhere to the official schedule for
administering final examinations published in the Schedule of Classes and distributed to
the faculty by the Provost and Vice President for Academic Affairs. Final examinations
for any course not listed in the Schedule of Classes, including but not limited to distance
education courses, internet courses, evening or weekend courses, should be scheduled in
consideration of resource availability. No final examination may be administered after 5
pm on the last day of the semester. Exceptions may be made by the appropriate academic
dean.
Source of Authority: Provost and Vice President for Academic Affairs
Cross Reference: Faculty Handbook
Responsible for Implementation: Provost and Vice President for Academic Affairs
Contact for Revision: Provost and Vice President for Academic Affairs
Forms: None
P-33
Appendix 3
Gifts, Loans, Endowments, and Bequests (C-16)
Original Implementation: July 18, 1981
Last Revision: October 19, 2006April 24, 2007
Authority to accept gifts, loans, endowments and bequests made to Stephen F. Austin
State University is vested in the President of the University by the Board of Regents.
Gifts, loans, endowments and bequests to any entity of the University should be reported
through normal administrative channels.
The President of the University has been authorized to accept gifts under the following
conditions:
1. A gift, loan, endowment or bequest which may require commitment of funds,
personnel, space or other resources shall be approved by the President prior to any
commitment of action on behalf of the University.
2. The University is authorized, with prior approval of the President and ratification
by the Board of Regents, to accept gifts or devises of real property for the
establishment of scholarships, professorships and other trusts for educational
purposes provided such property will not require appropriations by the Legislature
for operation, maintenance, repair or construction of buildings.
3. Privacy of donor identity may be granted by the University with the exceptions
noted by the Open Records Act or the Internal Revenue Service when public
recognition is not desired by the donor.
The terms under which any loan, endowment or bequest is offered and accepted shall be
provided in a written agreement between the donor and the University. The General
Counsel of the University shall review any bequests made to the University prior to
acceptance by the President. All original deeds of trust, wills, endowments, original
records, etc., should be forwarded to the Vice President for University Advancement for
safekeeping.
The Vice President for University Advancement is the primary source of contact with
people in the private sector for purposes of soliciting private funds. No individual or
company may be solicited for any gift, loan, endowment, or bequest by any member of
the faculty or staff of the University until that individual has presented the Vice President
for University Advancement with a copy of the proposal or request for funds.
Research grants or performance contracts which are privately funded are administered
through the Office of Research Services, and are not under the provisions of this policy.
Acknowledgment of Gifts
In order to insure accurate recording of all private support for the institution and to
properly acknowledge private donors' gifts, the Vice President for University
Advancement will coordinate the acknowledgment of gifts.
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Appendix 3
Use of Gifts, Loans, Endowments and Bequests
Gifts, loans, endowments and bequests made to Stephen F. Austin State University shall
be used for the purpose designated by the donor. If a purpose is not specified by the
donor, and the amount of the gift is $50,000 or more, utilization shall be as directed by
the Board of Regents after consideration of recommendations by the President and the
Vice President for University Advancement. If a purpose is not designated, and the
amount of the gift is less than $50,000, utilization shall be as directed and approved by
the President of the University.
Gifts received by the University and made payable to the Stephen F. Austin State
University Foundation, Incorporated, should be forwarded to the Office of Development
for transfer and deposit to the Foundation. No gifts or bequests to the University may be
transferred to the Stephen F. Austin State University Foundation, Inc., the Stephen F.
Austin State University Alumni Association, Inc., or the Stephen F. Austin Alumni
Foundation, Inc. unless the transfer of funds is approved in writing by the donor and the
University President. In such cases the recipient shall use the funds in accordance with
instructions given by the donor and the University President. An account of all letters of
written permission by donors and transfers of gifts and bequests shall be kept by the
University and shall be reported to the State Auditor, without petitioning a court of
competent jurisdiction, as outlined under state law. Funds gifted to the University for a
restricted purpose are considered a charitable trust. Legal title to such funds cannot be
transferred to other entities, except as noted above.
Under the authority of the Board of Regents, the President of Stephen F. Austin State
University is empowered to negotiate and execute the sale of marketable securities
donated to the University when such sale is directed or allowed by the donor of said
securities. The proceeds of such sale shall be promptly deposited into a University
account, to be used as indicated by the donor, and the details of the sale shall be reported
to the Board of Regents at its next regular meeting. All in-kind or real estate gifts would
require specific approval by the Board of Regents for liquidation to a University cash
account.
Restrictions on the expenditure of gift funds generally reside within the following three
criteria:
1. A gift must be expended in accordance with the donor's wishes.
2. The expenditure of the gift funds must be for the demonstrable good of the
institution.
3. The expenditure must provide no private gain to either the donor or the person
controlling the expenditure of the funds.
The use of gift funds must meet all three criteria collectively. Some specific examples of
expenditures from unrestricted gifts that may be for the demonstrable good of the
institution, without private gain for the individual expending the funds, are as follows:
P-35
Appendix 3
1. awards that recognize or promote faculty development, excellence in teaching,
academic achievement, athletic achievement, scholarship, or service;
2. costs related to the promotion of the communication of intellectual ideas among
students, faculty, staff and administrators of the University;
3. support of student events and activities sponsored by the University;
4. the recruitment of highly qualified students, faculty and staff;
5. costs related to the promotion of the exchange of ideas with community leaders
regarding the role of the University and its programs in the community;
6. costs related to the conduct of accrediting agency visits, visits by other officials
from other institutions or representatives outside higher education;
7. costs related to the support of continuing education activities.
Examples of expenditures which may not meet the criteria established are as follows:
1. any expenditure that violates the restriction placed on the gift by the donor;
2. the procurement of private property for the personal, unofficial use of any faculty
or staff member;
3. donations or other payments to a political party;
4. any other expenditure expressly prohibited by state statute.
Questions concerning an expenditure meeting these criteria should be referred to the Vice
President for University Advancement.
Real or personal property acquired through gifts, loans, endowments or bequests is
subject to the same management requirements as other State property. Disposal of any
property acquired through gifts, loans, endowments or bequests shall be handled in
accordance with State law and applicable University policies and procedures. Property
acquired through gifts, loans, endowment or bequest can not be disposed of, sold, or
transferred without written permission from the Vice President for University
Advancement and the President.
Publicity
The Vice President for University Advancement, in coordination with the faculty/staff
contact person, the donor, and the Office of Public Affairs, is responsible for coordinating
all publicity related to gifts.
Matching Gifts
Certain foundations and companies provide gifts to the University which match
contributions made by their employees. For tax purposes, certification is required from
the University that the gift of the employee has been received.
The matching gift forms, which certify receipt of the gift, require the signature of the
Vice President for Finance and Administration or the Vice President for University
Advancement or the President.
P-36
Appendix 3
Foundation Support
The Office of Development has the responsibility of performing certain support functions
for the Stephen F. Austin State University Foundation, Inc. This includes receiving,
receipting, acknowledging, and reporting gifts received by the Foundation, as provided in
the Agreement between Stephen F. Austin State University and the Stephen F. Austin
State University Foundation, Inc.
Library
Unrestricted gifts of books and other library related materials to Stephen F. Austin State
University, not to include equipment such as tape recorders, etc., will not require the
usual approval process as authorized in this policy.
Definitions:
1. Gift. A gift includes the gratuitous transfer of cash, cash equivalents such as
securities and negotiable instruments, and real or personal property which
generates income or may be sold for cash, for the purpose of enhancing the •
university and its programs, without expectation of specific benefit by the donor.
2. Loan. Real or personal property furnished for the temporary use of the University.
3. Endowment. An endowment is comprised of a gift, in which the donors have
stipulated that the principal must be invested and only the income used to fund a
project or need. The principal remains intact in perpetuity, thereby continuing to
generate income to be used by the university. Endowment funds are classified into
four different categories:
Sa. Permanent Endowments. These endowments are sometimes
referred to as "true" or "pure" endowments and are assets designated by the
donor to be held in perpetuity. If specifically stated in writing by the donor,
ffhe corpus assets of this category of endowments may never be spent and
income derived must be expended in accordance with the written terms and
conditions established by the donor and the university. Otherwise, the
governing board may appropriate for expenditure, for the uses and purposes
for which the fund is established, the net appropriationappreciation, realized
and unrealized, in the fair market value of the assets of an endowment fund
over the historic dollar value of the fund to the extent allowed under the
University Management of Institutional Funds Act or other applicable law.
&b. Term Endowment. In this category of endowments, the donor has
specified that following a particular date or event, the assets of the
endowment may be expended in accordance with the terms and conditions as
specified. Until the passage of the specific date or event, this type of
endowment will operate in a manner similar to the permanent endowment
with the income used in accordance with the written terms and conditions
established by the donor and the university.
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Appendix 3
-Be. Quasi-Endowments or Quasi-Funds. The Board of Regents may,
with formal action, set aside certain institutional funds to be maintained as
endowments. The formal action by the Board of Regents will specify the use
of the assets and income derived, and set other terms and conditions relating
to the fund. The Board of Regents may, with formal action, change the terms
and conditions of the endowment including cessation of the endowment and
the return of the assets to the original source of funding, or change the use or
purpose as may be appropriate and authorized by law.
■Ek/. Funds Held in Trust by Others. Some donors may choose to make
income from endowment-type funds available to the university, but will
leave the possession of the assets in trust with a third party. In this case, the
endowment is not recorded as an asset of the university. In accordance with
the Generally Accepted Accounting Principles (GAAP), the existence of the
trust must be disclosed in the notes to the university's financial statements.
A minimum gift of $10,000 shall be required to establish any endowment. An
endowment can be initiated with an amount less than the stated minimum with the
understanding that all future gifts and all income must become part of the endowment to
assist in bringing the endowment assets to the $10,000 level, and if after five years from
the date of the original gift, the value of the assets has not reached $10,000, the
endowment may cease and the existing assets of the fund shall be transferred to a
separately established Restricted Fund and expended consistent with the terms and
conditions of the original gift.
Specific minimum endowment levels for academic positions are established as follows:
$1,000,000 - Endowed Chair or equivalent title, depending upon the area;
$250,000 - Endowed Distinguished Professorship or equivalent title, depending upon the
area; and
$100,000 - Endowed Professorship or equivalent title, depending upon the area.
Source of Authority: Board of Regents, President
Cross Reference: None Texas Education Code Chapters 101 & 95.34, Chapter 51,
Subchapter A; Uniform Management of Institutional Funds Act, Texas Property Code,
Chapter 163; Texas Public Funds Investment Act, Texas Government Code, Chapter
2256; Uniform Prudent Investor Act, Texas Property Code Chapter 117
Responsible for Implementation: Vice President for University Advancement
Contact for Revision: Vice President for University Advancement
Forms: None
P-38
Appendix 3
Grievance and Appeals (E-25N)
Original Implementation: Unpublished
Last Revision: April 20, 2004April 24, 2007
It is the policy of the University to seek fair and equitable solutions to grievances arising
from the employment relationship. This policy applies to all non-academic staff
employees. Grievances have been divided into two categories. A five-step grievance
procedure for Category I grievances has been established to assure prompt and thorough
consideration of employee grievances and to ensure due process of law. A shorter two-step
procedure is provided for Category II grievances.
Category I grievances consist of disciplinary actions resulting in involuntary
terminations, demotions, decreases in salary, or suspensions without pay and in
allegations of discrimination prohibited by law.
Category II grievances consist of issues pertaining to wages, hours, working conditions,
performance evaluations, merit raises, job assignments, interpretation of the official
personnel or administrative policies of the University as applied to the grievant, oral or
written reprimands, or similar matters involving management decisions concerning the
grievant.
Each employee may, without prejudice or fear of retaliation, express his/her grievance
through the channels outlined in this procedure with the assurance of timely and thorough
consideration. Each employee is assured freedom from interference, coercion,
discrimination and reprisal in filing grievances.
No substantive action results from action not taken within the specified time periods.
These time periods are intended as aids to the execution of the grievance. The failure of
the employee to process the grievance in a timely manner to the next level may constitute
a withdrawal of the grievance. The failure of supervisory or administrative personnel to
timely respond to a grievance may constitute authorization for the employee to process
the grievance to the next step.
1. Category I Grievances
a. Each grievance shall be submitted in writing using the grievance form. A written
grievance shall contain a clear and concise statement of the grievance which
refers to the applicable policy alleged to have been violated, the date the incident
took place, the issue involved and the specific relief sought by the grievant. The
grievance should include any additional information to be considered in its
support. Once a grievance has been submitted in writing, it may not be changed or
amended after the expiration of the ten (10) day period set out in Step One of the
Grievance Procedure.
b. All matters pertaining to a grievance shall be treated as part of the official
personnel file of the grievant.
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Appendix 3
c. A probationary employee may not file a grievance under Category I unless: (a)
the action involves allegations of a health or safety hazard; or (b) the action
involves allegations of unlawful discrimination or of a violation of constitutional
rights. When a grievance involves alleged retaliation for the exercise of
constitutional rights or discrimination prohibited by law, the burden of proof is
upon the grievant to establish by a preponderance of the evidence that the
decision or action placed in question by the grievance was intended to
discriminate against the grievant or that the decision or action was intended as
retaliation for the lawful exercise of constitutional rights by the grievant.
d. The grievant may present his/her grievance individually, through legal counsel or
through a representative of an organization that does not claim the right to strike.
Fees or charges (if any) to the grievant for such representation must be paid by the
grievant since University monies are not authorized for such use. The Director of
Human Resources has the obligation to assist the grievant, upon request, by
explaining this grievance procedure in detail.
e. Procedure for Category I Grievances
Step One (First-Line Supervisor). The grievant shall use the grievance form to present the
grievance in writing to the first-line supervisor within ten (10) working days from the
date of the alleged action or condition giving rise to the grievance. A copy of the
grievance shall be sent to the Director of Human Resources by the first-line supervisor.
Within five (5) working days, the supervisor shall inform the grievant of the decision in
writing. A copy of the decision shall be sent to the Director of Human Resources.
Step Two (Department Chair or Administrative Equivalent). Grievances not satisfactorily
resolved in Step One may be appealed by the employee in writing to the employee's
department chair or administrative equivalent. The appeal must be made within five (5)
working days following the date of the first-line supervisor's decision in Step One.
Within five (5) working days, the department chairman shall inform the grievant of the
decision in writing. Copies of the decision shall be sent to: (1) the first-line supervisor;
and (2) the Director of Human Resources.
Step Three (Dean or Director). Grievances not satisfactorily resolved in Step Two may be
appealed in writing to the appropriate dean or director. The appeal must be made within
five (5) working days following the date of the Step Two decision. Within five (5)
working days, the dean or director shall inform the grievant of the decision in writing.
Copies of the decision shall be sent to: (1) the department chair or administrative
equivalent; and (2) the Director of Human Resources.
Step Four (Vice President). G