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2730 DOCUMENTS OF THE GENERAL FACULTY SECRETARY'S REPORT October 20, 2003 I. COMMENTS — None. II. MEMORIAL RESOLUTION COMMITTEES APPOINTED BY THE PRESIDENT. On October 14, 2003, President Faulkner appointed the following committee to prepare a memorial resolution for Walter E. Millett, professor emeritus, physics: Melvin E. L. Oaks (chair), J. David Gavenda, and James C. Thompson. III. MEMORIAL RESOLUTIONS COMPLETED. D 2707-2708 Report of the Memorial Resolution Committee for William T. Eaton. D 2709-2710 Report of the Memorial Resolution Committee for Claud Glenn Sparks. D 2711 Report of the Memorial Resolution Committee for Barbara Mackin Barker. D 2712-2715 Report of the Memorial Resolution Committee for Charles T. Zlatkovich. IV. CHANGES IN MEMBERSHIP OF THE FACULTY COUNCIL.— None. V. STATUS OF LEGISLATION APPROVED BY THE FACULTY COUNCIL OR THE GENERAL FACULTY. A. ITEMS COMPLETED SINCE THE LAST REPORT. D&P 16517-16519 Recommendation for a Change in Regents' Rules Concerning Suspension of a Faculty Member with Pay. See Item VII. Legislation under Review by the Faculty Council. D 2483-2484 Proposal to Modify Instructional Responsibilities Policy. Posted on the Faculty Council Web site on March 4, 2003. Approved by the Faculty Council on March 17, 2003. The proposal had evolved, through cooperation with the administration and responses from the UT System, from a 1999 proposal for modified duties for faculty members who give birth or have primary responsibility for a newborn child. (See D 938-940.) Transmitted to the president on March 18, 2003. The proposal was modified and approved by Provost Sheldon Ekland-Olson and transmitted to the president with the following modifications on May 22, 2003: "1. All teaching load adjustments will be granted in compliance with equivalencies set out in Part I, Chap III, Sec. 36.1 and 36.2 of the Regents' Rules and Regulations; "2. The revised policy does not provide more benefits to members of the full-time faculty than are authorized by the state law or the Regents' Rules and Regulations; "3. The policy is gender neutral in both its scope and application in that it applies to all members of the faculty who are appointed full-time on the instructional budget in a long-session semester; 2731       "4. The language of the original policy has been modified so as to insure that the revised policy is consistent with state law and University policy related to sick leave; and "5. The revised policy includes language that assures that faculty members who are on modified instructional duties status will render legitimate services to the University in exchange for their salaries.” A footnote was added to clarify that the policy is not intended to apply to situations where use of sick leave is appropriate. The president approved and transmitted the modified proposal to the vice chancellor and general counsel on June 3, 2003. On September 19, 2003, notice was received that the Office of General Counsel and Executive Vice Chancellor Terry Sullivan approved the legislation with the caveat that the policy include the sentence, "All teaching load modifications will be granted in compliance with the equivalencies set out in Part One, chapter III, Sections 36.1 and 36.2 of the Regents' Rules and Regulations." D 2510-2512 Creation of a Bachelor of Science in Astronomy. Posted on the Faculty Council Web site on a no-protest basis on May 7, 2003. Approved by the Faculty Council on a no-protest basis on May 16, 2003. Transmitted to the president through the provost on May 20, 2003. Approved by the president through the provost on June 11, 2003, and transmitted to the executive vice chancellor for academic affairs. Approved by the assistant vice chancellor for academic affairs and transmitted to the Texas Higher Education Coordinating Board on August 28, 2003. Approved by the Texas Higher Education Coordinating Board on September 26, 2003. B. ITEMS UNDER REVIEW BY THE BOARD OF REGENTS — None. C. ITEMS UNDER REVIEW BY THE TEXAS HIGHER EDUCATION COORDINATING BOARD. D 1140-1142 Proposal to Create a Bachelor of Science Degree in Interdisciplinary Mathematics and Science, Option I: Middle Grades Teaching in the College of Natural Sciences Chapter of The Undergraduate Catalog, 2000-2002. Posted on the Faculty Council Web site on February 21, 2001. Approved by the Faculty Council on a no-protest basis on March 9, 2001. Transmitted to the president through the provost on March 12, 2001. Transmitted to the executive vice chancellor for academic affairs on June 11, 2001. Approved by the executive vice chancellor and transmitted to the Texas Higher Education Coordinating Board on November 30, 2001. Disapproved on December 18, 2001, by the Texas Higher Education Coordinating Board because it did not meet Coordinating Board requirements. Notice of non-approval was received in the Office of the General Faculty on January 15, 2003. A copy of the letter with reasons for disapproval is on file in the Office of the General Faculty. On February 10, 2003, notice was received from the College of Natural 2732       Sciences that the Coordinating Board was reconsidering its disapproval. On the Coordinating Board's Web site, the proposal is listed as pending http://www.thecb.state.tx.us/uhri/proposals/search.cfm. D 2469-2472 Proposed Catalog Changes in the College of Fine Arts Chapter in The Undergraduate Catalog, 2004-2006. The following two documents were posted on the Faculty Council Web site on March 4, 2003. Approved by the Faculty Council on a no-protest basis on March 17, 2003. Transmitted to the president through the provost on March 18, 2003. Approved by the president through the provost and transmitted to the executive vice chancellor for academic affairs on April 28, 2003. On August 5, 2003, a second letter recommending approval of D 2469-2470 and D 2471-2472 was transmitted to the executive vice chancellor for academic affairs. Approved by the assistant vice chancellor for academic affairs and transmitted to the Texas Higher Education Coordinating Board on August 28, 2003. Proposed Creation of a Major in Jazz Composition for the Degree of Bachelor of Music in the College of Fine Arts Chapter of The Undergraduate Catalog, 2004-2006 (D 2469-2470). Proposed Creation of a Major in Jazz Performance for the Degree of Bachelor of Music in the College of Fine Arts Chapter of The Undergraduate Catalog, 2004-2006 (D 2471-2472). D. ITEMS UNDER REVIEW BY THE OFFICE OF THE CHANCELLOR. D 2465-2468 D 2473-2478 Proposed Catalog Changes in the College of Fine Arts Chapter in The Undergraduate Catalog, 2004-2006. The following four documents were posted on the Faculty Council Web site on March 4, 2003. Approved by the Faculty Council on a no-protest basis on March 17, 2003. Transmitted to the president through the provost on March 18, 2003. Approved by the president through the provost and transmitted to the executive vice chancellor for academic affairs on April 28, 2003. Proposed Changes in the Requirements for the Degree of Bachelor of Music, Orchestral Instrument Performance Major in the College of Fine Arts Chapter of The Undergraduate Catalog, 2004-2006 (D 2465-2466). Proposed Changes in the Requirements for the Degree of Bachelor of Music, Composition Major in the College of Fine Arts Chapter of The Undergraduate Catalog, 2004-2006 (D 2467-2468). Proposed Changes in the Requirements for the Degree of Bachelor of Arts in Art, Studio Art Major and Art History Major in the College of Fine Arts Chapter of The Undergraduate Catalog, 2004-2006 (D 2473-2475). Proposed Changes in the Requirements for the Degree of Bachelor of Fine Arts, Studio Art Major, Design Major, and Visual Art Studies Major in the College of Fine Arts Chapter of The Undergraduate Catalog, 2004-2006 (D 2476-2478). 2733   E. ITEMS UNDER REVIEW BY THE OFFICE OF THE PRESIDENT. D 77-81 Changes in Policies Concerning Grades Awarded with Credit by Examination. Posted on the Faculty Council Web site on October 29, 1999. Approved by the Faculty Council on November 15, 1999. Transmitted to the president on November 16, 1999. Comment by the provost on November 10, 2000: "The Office of the Executive Vice President and Provost continues to explore various options. A final decision has not yet been reached." In a letter dated October 12, 2001, President Faulkner made the following comments: " A close reading of our current credit by examination policies, as well as the proposal, raises several concerns. "In supporting the removal of letter grades earned in credit by examination from the UT Austin grade-point average, the proposal itself comments that credit by examination does not reflect a student's performance in coursework at UT Austin. Beyond that issue is a question about inconsistency between the way in which a final grade is normally determined in coursework at UT Austin and the way in which the grade is determined in credit by examination. In coursework, the final grade is almost always the result of multiple factors (tests, papers, attendance, participation, etc.). In credit by examination, the grade is the result of a single test. "These and other issues still need to be considered as regards the granting of credit by examination. I am asking the Executive Vice President and Provost to appoint a special committee to address the issues and prepare a report. I will hold the current proposal (Documents of the General Faculty 77-81), pending the report of that committee." In a memorandum dated August 19, 2002, the provost made the following comments: " Rather than convene a new committee, a decision was made to refer this issue to the Educational Policy Committee. Professor Robert Duke, as chair of the Committee, was asked to draft a proposal for consideration by the President and Provost. The draft proposal is to be ready for review in September 2002." The committee returned the proposal to the president and provost without change. D 2480-2482 Recommendation for Change in the Residency Requirements in The UT Austin Undergraduate Catalog. Posted on the Faculty Council Web site on March 4, 2003. Approved by the Faculty Council on March 17, 2003. Transmitted to the president through the provost on March 18, 2003. D 2513-2514 Proposed Changes in the Requirements for the Bachelor of Science in Biology, Option I: Ecology, Evolution, and Behavior. Posted on the Faculty Council Web site on a no- 2734       protest basis on May 7, 2003. Approved by the Faculty Council on a no-protest basis on May 16, 2003. Transmitted to the president through the provost on May 20, 2003. D 2515-2516 Proposed Changes in the Requirements for the Bachelor of Science in Human Development and Family Sciences. Posted on the Faculty Council Web site on a no-protest basis on May 7, 2003. Approved by the Faculty Council on a no-protest basis on May 16, 2003. Transmitted to the president through the provost on May 20, 2003. D 2517-2519 Proposed Changes in the Requirements for the Bachelor of Science in Interdisciplinary Science. Posted on the Faculty Council Web site on a no-protest basis on May 7, 2003. Approved by the Faculty Council on a no-protest basis on May 16, 2003. Transmitted to the president through the provost on May 20, 2003. D 2539-2541 Revision of Proposed Procedures for The University of Texas at Austin Administrative Investigations of Policy Violations Alleged Against Faculty Members. Posted on the Faculty Council Web site on April 30, 2003. Approved by the Faculty Council at its meeting on May 5, 2003. The revision resulted from discussions between the administration and the Committee of Counsel on Academic Freedom and Responsibility chair. Transmitted to the president through the provost on May 7, 2003. (See D 2360-2362.) F. ITEMS UNDER RECONSIDERATION — None. VI. LEGISLATION UNDER REVIEW BY THE GENERAL FACULTY — None. VII. LEGISLATION UNDER REVIEW BY THE FACULTY COUNCIL.   D&P 16517-16519 Recommendation for a Change in Regents' Rules Concerning Suspension of a Faculty Member with Pay. Approved by the Faculty Council at its meeting on December 8, 1997, and transmitted to the president on December 9, 1997. Transmitted to the chancellor by the president on January 20, 1999, with these comments: "This legislation was discussed among my office, the Office of the Provost, and members of the Faculty Council Executive Committee. It puts into the Regents' Rules what has been the practice at The University of Texas at Austin. Confidential consultation with a faculty committee regarding a possible suspension is guaranteed, but the final determination is made by the president. This process has worked well on our campus. I recommend your favorable consideration of the proposed change.” On July 31, 2003, President Faulkner wrote to then chair of the Faculty Council Michael Granof, with comments based on an opinion written by W. O. Schultz (general attorney and associate general counsel of the University System) on February 3, 2003. The president wrote as follows: “His opinion is that the proposed amendment to the Regents’ Rules and Regulations is not necessary and that the current provisions do not prevent the President from consulting with the 2735       Committee of Counsel on Academic Freedom and Responsibility. They, of course, do not mandate the consultation. He suggests that if The University of Texas at Austin desires to have the President seek the advice of the Committee of Counsel on Academic Freedom and Responsibility in the situation of a faculty member with pay, then an amendment to our Handbook of Operating Procedures would be sufficient. His comments seem sensible, particularly since an amendment to the Regents’ Rules and Regulations would affect all the UT System component institutions. “Thus, it seems to me the best course of action is to share W. O.’s comments with the Executive Committee of the Faculty Council and ask them to decide whether or not they wish to revisit this issue and propose an amendment to UT-Austin’s Handbook of Operating Procedures.” Referred by Council Chair Marvin Hackert to the Committee of Counsel on Academic Freedom and Responsibility since the last Secretary's Report.1 D 2729 Faculty Council Resolution Endorsing the Recommendations from the Tuition Policy Advisory Committee for Implementing an Academic Sustainability Tuition. Posted on the Faculty Council Web site on October 16, 2003. To be presented to the Faculty Council for action at its meeting on October 20, 2003. VIII. STATUS OF LEGISLATION NOT APPROVED BY THE FACULTY COUNCIL OR THE GENERAL FACULTY. A. ITEMS DISAPPROVED, TABLED, OR WITHDRAWN — None. B. ITEMS UNDER REVIEW BY STANDING COMMITTEES — None. C. ITEMS UNDER REVIEW BY OTHER COMMITTEES — None. IX. SPECIAL COMMITTEES APPOINTED — None. <Signed> John R. Durbin, Secretary The Faculty Council Posted on the Faculty Council Web site on October 16, 2003. Paper copies are available on request from the Office of the General Faculty, FAC 22, F9500. 1 Referred to the Committee of Counsel on Academic Freedom and Responsibility on October 9, 2003.