Report on Section 600 Searches

COMMITTEE REPORT OF ADOPTION OF POLICY RECOMMENDATION (Section 600 Searches)

DATE: January 27, 2006 TO: Ron McIntyre, Faculty President FROM: Personnel Planning and Review Committee By: Penelope Jennings, Executive Secretary

During the past year, the Personnel Planning and Review Committee reviewed Section 600 provisions related to the appointment of academic-administrative employees. This review included consideration of whether positions currently covered by Section 622 should continue to be “Section 600 searches,” the size and composition of the search committees, and whether student members should be voting or nonvoting members.

Having completed their review, the Committee submits this report that describes recommended policy changes and supporting reasons for the proposed changes.

Student Participation on Section 622 Search Committees

Current policies related to voting rights for student members of Section 622 search committees vary depending on the particular search. Student members of search and screen committees for deans and associate deans are non-voting. Student members of search and screen committees for vice presidents and designated academic-administrative and administrative employees are voting members.

The Committee discussed the issue of student voting with the President of Associated Students, the Vice President for Student Affairs, and members of recent search committees. The AS President discussed the problems he encountered in identifying students to serve on Section 622 search committees. Members of Section 622.3 search committees described situations where no student was ever appointed despite numerous requests (thus holding up the search) and non-attendance by student members which impacted the search process itself. Members of dean, associate dean, and vice president searches described positive experiences working with students on search committees but expressed concern, particularly with dean and associate dean searches, about the potential impact on students in their own colleges if they are voting members. The Committee concluded that although there are concerns that must be addressed, student participation on committees is valuable and should continue. However, all student members of search and screen committees (except Director of Athletics) should be non-voting members.

Number of Members

The Committee reviewed the membership of each of the Section 622 search committees and concluded that, where possible, committees should be composed of no more than six members (see exception for searches for Vice Presidents). The proposed changes below reflect the Committee’s conclusion. Assistant Vice President, Human Resources

Section 622.3 “Appointment and Evaluation of Designated Academic-Administrative and Administrative Employees” identifies 13 positions for which searches are to be conducted pursuant to the provisions of that section.

The procedures for Section 600 and non-Section 600 searches for administrative positions both include review of the Management Vacancy Announcement (MVA) and Performance Program by the Director of Equity and Diversity and the AVP of Human Resources and review of the search processes by the Director of Equity and Diversity. Section 600 searches are managed similarly but with the addition of provisions in the Manual of Procedures for Search and Screen Committees for Academic-Administrative Positions that require review of the Management Vacancy Announcement and Performance Program by PP&R, participation in the charge meeting by the AVP of Faculty Affairs, review of the search procedures by PP&R in addition to the review by the Director of Equity and Diversity, and specified committee membership -- in the case of Section 622.3 searches, primarily faculty members appointed by the University President, the Faculty President, and members of PP&R.

After a review of the positions, the Committee concluded that all of the positions with the exception of Assistant Vice President, Human Resources should continue to be Section 600 searches. The Committee adopted a policy recommendation at the October 20, 2004 meeting by passing a motion as follows:

MSP: That Section 622.3.1.b. be revised to delete the position of Assistant Vice President of Human Resources.

Passed with two abstentions.

Summary of Supporting Reasons for the Revision (AVP HR)

In reviewing the position of the Assistant Vice President for Human Resources, the Committee considered the current position description and level of interaction between the AVP HR and faculty. The Committee also considered information received from President Jolene Koester, Vice President for Administration and Finance Mo Qayoumi (the appointing administrator), and the chair of the search committee for the most recent search for the position about searches for the position. Important factors included: 1. Changes in the job duties for the position in recent years that include moving responsibility for part-time faculty from Human Resources to Faculty Affairs. 2. The need to conduct the search throughout the year including the summer, intersession, and high faculty workload times such as final exams and the start of classes. Academic-Year faculty members are generally unavailable to serve on search committees during the summer and intersession, however the duties of the AVP HR are not tied to the academic year calendar and thus the position must be searched whenever a vacancy arises. 3. The need for committee members with sufficient knowledge or experience to be able to evaluate a candidate’s expertise in areas of Human Resources.

Vice Presidents

At its meeting on March 30, 2005, the Committee adopted a policy recommendation by passing a motion as follows:

MSP: That Sections 622.2.1. be revised as follows:

622.2. Appointment and Evaluation of Vice Presidents

1. Appointment Procedures

At the request of the President, the Executive Committee of the Senate will extend a call for a search and screen committee, which will consist of three Presidential appointees, including at least one faculty member; the President of Associated Students or designee (nonvoting); two faculty members appointed by the Personnel Planning and Review Committee; and the Faculty President or designee.

Passed: 7 yes, 3 no, one abstention

Student Participation on Section 622.3 Search Committees

The Committee reviewed Section 622.3.2 related to the number of members and the role of student members on the search committees. Members of recent search committees for these positions, in particular, reported a lack of student interest in participating on the committees in this section.

MSP: That Section 622.3.2.a. be revised as follows:

a. Applicants for all positions indicated in 622.3.1.a. and 622.3.1.b. above except for the Director of Athletics shall be screened by a seven six- member search and screen committee composed of two appointees by the President, at least one of whom will be a faculty member; the Faculty President or designee; one student (nonvoting) appointed by the President of the Associated Students in consultation with the President; one member appointed by the administrator responsible for the area; and two members one faculty member appointed by the Personnel Planning and Review Committee.

Passed unanimously. The Director of Athletics

The Committee reviewed the composition of the search committee for the position of Director of Athletics and whether the student member of the committee should be voting or nonvoting. The Committee decided that the student member of this committee should be a voting member and at its meeting on December 7, 2005, the Committee adopted a policy recommendation by passing a motion as follows:

MSP: That Section 622.3.2.b. be revised as follows:

a. Applicants for the position of Director of Athletics shall be screened by a seven to nine six-member search and screen committee composed of the President of the Faculty President or designee; two to four appointments by the President, including at least one faculty member; two one faculty members designated by the Personnel Planning and Review Committee; the Faculty Athletic Representative; three appointees by the administrator responsible for the area; and one student member appointed by the President of Associated Students in consultation with the President administrator responsible for the area.

Passed: 9 yes, 2 no.

Summary of Supporting Reasons for the Revision

The number of members and composition of the search committee was revised to have a more manageable search committee in size, especially in light of the nature of searches for Athletic Directors. Searches often take place on a time table that includes committee action during the summer or on breaks and thus, depending on the timing of the search, the administrator responsible for the area is given greater leeway in selection of committee members.

The Committee considered the issue of inclusion of the Faculty Athletics Representative (FAR) as a required member of the search committee including a review of the position description and consultation with the current and former FARs. A review of the position description for the Faculty Athletics Representative identifies three major areas of institutional responsibility under NCAA requirements: academic integrity, institutional control, and the well being of students. The FAR is identified as “a key member of the checks-and-balance team in assuring institutional control and compliance.” In this role, the FAR must work closely with but must also avoid the appearance of conflict of interest in terms of the working relationship with the Athletics Director.

The administrator responsible for the area may appoint the FAR as a member of the search committee, however, there may be situations where such appointment is inappropriate. For example, if an NCAA investigation is underway that includes allegations of violations by Athletics Department staff, one or more of whom are applying for the position of Athletic Director, the FAR could be in the difficult position of testifying for or against an applicant. In such cases there would be a conflict, or at the very least, the appearance of a conflict of interest. In some instances, the FAR may be unavailable or unwilling to serve.

A review of Section 622 shows that the only position for which a specific person is mandated to serve on the search committee is for the position of Athletics Director. All other positions provide for election or appointment of members or service by a specified person or designee (e.g., Faculty President, AS President, Chair of the College Personnel Committee). Unlike these positions, there is no committee or constituency from which the FAR could appoint a designee. Should the FAR be unwilling or unable to serve on the search committee, he or she should not be compelled to do so.

Associate Deans – Academic Colleges or Library

MSP: That Section 622.5.1.a. be revised as follows:

a. Applicants for the position of Associate Dean of Colleges and the Library, with the exception of the College of Extended Learning, shall be screened by a six-member committee composed of three members elected by the faculty of the College concerned from among tenured senior rank Professors or Librarians, including chairs, in that College; the Chair of the College Personnel Committee or a designee from the Committee; one faculty member from the College appointed by the Dean and one (nonvoting) student member chosen by the other members of the committee. It is strongly recommended that Search and Screen Committees have a diverse membership, including an individual currently or formerly serving as Associate Dean of a College, and members familiar with the duties and responsibilities of the position to be filled.

Passed unanimously.

Current policy regarding the composition of search and screen committees for the position of associate dean of the academic colleges or the Library require a committee composed of five faculty members from the college and one student (nonvoting) member. At the same time, the policy strongly recommends that the search and screen committee include an individual currently or formerly serving as associate dean of a college. This is a logical recommendation since the position is complex and the committee would benefit from a membership that includes a current or former associate dean. However, often there is no faculty member in the college who both meets the criteria and is willing to serve on the committee. Under the proposed revision, the search and screen committee would continue to include at least four faculty members from the college but would also give the Dean, as appointing administrator, the option of appointing an associate dean from another college. It should be noted that all searches for interim associate deans in recent years have included a sitting associate dean as a member of the deans’ advisory search committee.

Associate Dean of the College of Extended Learning

MSP: That Section 622.5.1.b. is revised as follows:

b. Applicants for the position of Associate Dean of the College of Extended Learning shall be screened by a six-member committee composed of three members appointed by the Dean, two of whom shall be tenured senior faculty who are teaching in or are academic administrative coordinating personnel associated with degree programs offered through the College of Extended Learning; two faculty members appointed by the Personnel Planning and Review Committee; and one (nonvoting) student member chosen by the other members of the committee.

b.c. Appointment procedures shall . . .

Passed: 10 yes, 1 no.

The composition of and process for selection of members of search and screen committees for associate deans of the academic colleges and the Library are not feasible for selection of a search and screen committee for the associate dean of the College of Extended Learning (ExL), in that ExL does not have tenured senior rank Professors or Librarians. The proposed revision provides a process by which senior tenured faculty members and others may be appointed to the committee.