Purpose of meeting of the Penn State University Faculty Senate Council to consider next steps in implementing the Freeh Group recommendations for changes at Penn State in light of the Sandusky scandal.

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

16. Open Discussion

17. Thank You !