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Penn State University
Faculty Senate Council
       Special Meeting
Considering Senate Responses to the Freeh Group Report
                                          July 18, 2012
Purpose of Meeting
 Background to Freeh Group Report

 Responses by Board and Administration

 Theme: Coordination of review and operationalization

 Senate Response and role
   Preserving procedural fairness
   Operationalization
   Coordination

 Organization of Senate Response and Role

 Open Discussion Going Forward And Additional Issues
Background
 Freeh Group Report
   Evidentiary component
   Recommendations

 Responses and challenges
     Litigation
     Continuing investigations
     Board Reform
     Administration responses
     Student organizations responses
     Senate reform and engagement
Responses
 Administration
   Small group to coordinate operationalization of
    recommendations

 Board of Trustees
   Small group, headed by Vice Chair, to coordinate Board
    consideration of recommendations
   Standing committees to determine recommendations
    within their purview
   Each to report back to coordinating committee

 Students
Coordination
 Board and Administration task forces will work autonomously

 Both will report to Board coordinating committee

 Senate will play a role
        “As we move forward, there are many decisions that must be
         made — decisions that are not without consequences and must
         not be done without careful thought. Many of these decisions
         involve individuals and practices deeply woven into the fabric
         of our community.”
        “All of this will take time.”
        “Time to heal. Time to comprehend. Time to trust. Time to
         transform. Time to regain what has been lost, and time to move
         forward.” (Rod Erickson “Moving Forward from the Freeh
         Report” July 16., 2012).
Senate Response and Role
 Substantive Objectives


   Procedural fairness

   Operationalization of Recommendations
     Identify recommendations within Senate’s governance role
     Evaluate value/utility of recommendations
     Propose specific changes in university rules


   Coordination
Procedural Fairness
 Review Freeh Group Report for process
  related issues
  Ensure scrupulous adherence to University procedures
   fairly and consistently applied
    Revocations of tenure/Contract non-renewals/Others?
    Faculty Rights & Responsibilities HR 76.

 Operationalization
    Appointment of a task force to monitor procedural fairness
Process Intervention Rationale
  Sensitivity to issues of process already part of Senate role
   (e.g., FA review of procedural compliance by Board of
   Trustees in administrative terminations

  Avoid reliance on Post hoc protections (Standing
   Committee on Tenure and HR 70 protects individuals but
   the Senate role is to protect systemic integrity

  Signal the importance of process fairness, fairly and
   consistently applied as a core value of the emerging Penn
   State culture
Operationalization
 Identify recommendations within Senate purview

 Consider means of implementation

 Recommend specific forms of implementation

 Address problematic recommendations
Coordination (1)

 Senate:
  Responds to initiatives of administration task
   force
  Serve as a resources and provide consultation
   for Board initiatives
  Participates in governance rule making
    ordinary course consideration of final proposals for
     change.
Coordination (2)

 Senate Leadership


  plays a “bridging role;”

  Presents transparent, periodic, and
   complete reports to Senate bodies
Organization of Senate Role and
Response
 Options:
   (1) Senate Council undertakes task as a Special Committee.
   (2) Senate Council plays a coordinating role
     devolves work on specific recommendations to Senate standing
      committees
   (3) Council does not play a coordinating role
     Senate leadership assigns tasks to standing committees
   (4) Special Task Force appointed for this task
     Members drawn either from Senate Council, Senate, or from
      faculty at large.

 My preference is # 2 or # 4.
Issues For Decision
 Will Senate Council Play Role in Responding to Freeh
  Group Report?

 Will Senate Council Form Task Force to Monitor
  Procedural Fairness and Report to Senate?

 Will Senate Council Approve Institutional
  Organization/Coordination Efforts?
Open Discussion Going Forward
 Update on the inclusion of Faculty Members on Board of
  Trustees Committee

 Connection between athletics and academics within the
  normative framework: student-athlete

 Response to NCAA investigations
   Process by which the university is developing responses
   IAC to take the lead

 Settlements with victims
   Percentage covered by insurance
   Additional litigation
   Effect on budget (UPC Charge)
Additional Efforts
 Task Force Senate Self Study

 Task Force Student Conduct Code

 Task Force on Undergraduate Student Research

 External Matters Sub Committee
   mapping education in Pennsylvania
Open Discussion
Thank You !

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Senate councilmtgpresentation7 18-2012

  • 1. Penn State University Faculty Senate Council Special Meeting Considering Senate Responses to the Freeh Group Report July 18, 2012
  • 2. Purpose of Meeting  Background to Freeh Group Report  Responses by Board and Administration  Theme: Coordination of review and operationalization  Senate Response and role  Preserving procedural fairness  Operationalization  Coordination  Organization of Senate Response and Role  Open Discussion Going Forward And Additional Issues
  • 3. Background  Freeh Group Report  Evidentiary component  Recommendations  Responses and challenges  Litigation  Continuing investigations  Board Reform  Administration responses  Student organizations responses  Senate reform and engagement
  • 4. Responses  Administration  Small group to coordinate operationalization of recommendations  Board of Trustees  Small group, headed by Vice Chair, to coordinate Board consideration of recommendations  Standing committees to determine recommendations within their purview  Each to report back to coordinating committee  Students
  • 5. Coordination  Board and Administration task forces will work autonomously  Both will report to Board coordinating committee  Senate will play a role  “As we move forward, there are many decisions that must be made — decisions that are not without consequences and must not be done without careful thought. Many of these decisions involve individuals and practices deeply woven into the fabric of our community.”  “All of this will take time.”  “Time to heal. Time to comprehend. Time to trust. Time to transform. Time to regain what has been lost, and time to move forward.” (Rod Erickson “Moving Forward from the Freeh Report” July 16., 2012).
  • 6. Senate Response and Role  Substantive Objectives  Procedural fairness  Operationalization of Recommendations  Identify recommendations within Senate’s governance role  Evaluate value/utility of recommendations  Propose specific changes in university rules  Coordination
  • 7. Procedural Fairness  Review Freeh Group Report for process related issues  Ensure scrupulous adherence to University procedures fairly and consistently applied  Revocations of tenure/Contract non-renewals/Others?  Faculty Rights & Responsibilities HR 76.  Operationalization  Appointment of a task force to monitor procedural fairness
  • 8. Process Intervention Rationale  Sensitivity to issues of process already part of Senate role (e.g., FA review of procedural compliance by Board of Trustees in administrative terminations  Avoid reliance on Post hoc protections (Standing Committee on Tenure and HR 70 protects individuals but the Senate role is to protect systemic integrity  Signal the importance of process fairness, fairly and consistently applied as a core value of the emerging Penn State culture
  • 9. Operationalization  Identify recommendations within Senate purview  Consider means of implementation  Recommend specific forms of implementation  Address problematic recommendations
  • 10. Coordination (1)  Senate:  Responds to initiatives of administration task force  Serve as a resources and provide consultation for Board initiatives  Participates in governance rule making  ordinary course consideration of final proposals for change.
  • 11. Coordination (2)  Senate Leadership  plays a “bridging role;”  Presents transparent, periodic, and complete reports to Senate bodies
  • 12. Organization of Senate Role and Response  Options:  (1) Senate Council undertakes task as a Special Committee.  (2) Senate Council plays a coordinating role  devolves work on specific recommendations to Senate standing committees  (3) Council does not play a coordinating role  Senate leadership assigns tasks to standing committees  (4) Special Task Force appointed for this task  Members drawn either from Senate Council, Senate, or from faculty at large.  My preference is # 2 or # 4.
  • 13. Issues For Decision  Will Senate Council Play Role in Responding to Freeh Group Report?  Will Senate Council Form Task Force to Monitor Procedural Fairness and Report to Senate?  Will Senate Council Approve Institutional Organization/Coordination Efforts?
  • 14. Open Discussion Going Forward  Update on the inclusion of Faculty Members on Board of Trustees Committee  Connection between athletics and academics within the normative framework: student-athlete  Response to NCAA investigations  Process by which the university is developing responses  IAC to take the lead  Settlements with victims  Percentage covered by insurance  Additional litigation  Effect on budget (UPC Charge)
  • 15. Additional Efforts  Task Force Senate Self Study  Task Force Student Conduct Code  Task Force on Undergraduate Student Research  External Matters Sub Committee  mapping education in Pennsylvania