Minutes
June 12, 2001 

UWA Faculty Senate Minutes

3:30 P.M. Tuesday, June 12, 2001 Meeting
Wise Conference Room, Wallace Hall 213
Recorded by Mrs. Patricia Taylor

1. Dr. R.T. Floyd called the meeting to order at 3:30 p.m.  Members present were Mr. Truel Hicks, Dr. Richard Buckner (for Mrs. Donna Miller), Dr. Alan Brown (for Mrs. Tina Jones), Dr. Manley Blackwell, Dr. Betty L. Cowan, Mr. James H. Todd, Dr. David Bowen (for Dr. Richard Schellhammer), Dr. Alan Brown, Mrs. Darlene Townsend, Dr. Janis Beaird, Dr. Tom Gonzalez (for Mr. Micky Smith), Dr. Johan W. van der Jagt, and Mrs. Patricia Taylor.
    
2. Approval of April 17, 2001 minutes
   Mr. Hicks motioned that the minutes from the April 17 meeting be approved.  Mr. Todd seconded the motion.  The motion was passed.
    
3. Approval of May 31, 2001 minutes
   Dr. van der Jagt motioned that the minutes from the May 31 meeting be approved.  Mr. Hicks seconded the motion.  The motion passed.
    
4. Old Business

1. Notification requirements relating to re-employment & tenure status by March 15
   Much discussion took place regarding this subject.  Further feedback is needed from the colleges before the Senate can resolve this issue.  Faculty Senate representatives are encouraged to discuss this with their colleagues and bring recommendations for change, if any, to the July meeting.
2. Faculty Evaluation & Service Report Forms
   Faculty are encouraged to forward suggestions to the Provost.  Dr. Taylor will appoint a committee to review these documents and the process..
3. Constitutional Changes
   Dr. Roach has approved all of our recent Constitutional changes.  (There was some question as to whether these revisions needed approval by the Board of Trustees.  This has been researched and approval ends with the University President.  The 1995 Constitution was ratified by the Board due to the Staff being split out into a separate senate.)

4. New Business

1. Library Book Purchases
   The Concern has been expressed regarding the decision not purchase each department's allocation of library books due to proration.  In anticipation of this discussion Dr. Snider prepared the attached response, as he could not be present at this meeting.  There was a great deal of confusion about the issue.  Concerns center on the fact that the book budget has been so drastically cut this year, and is apparently a low priority for the Library.  Dr. Brown stated that the $15,000.00 budget for books has been cut by $11,500.00.  Also the Library Committee did not meet to discuss the budget in Fall 2000, which was before the University went into proration.  Dr. Buckner moved that our committee invite Dr. Snider and Dr. Beatty, who is the chair of the Library Committee, to the July meeting to discuss this issue with the Senate members.  Dr. Bowen seconded this motion and the motion passed.
2. Board of Trustee's Meeting Report
   The UWA Board of Trustees met Monday, June 4, 2001.  Dr. Floyd presented the attached progress report on the Faculty Senate.  The Board reaffirmed its action taken in the December meeting which included approval of the Bell Conference Center and the Library addition.  The bids came in slightly under expected costs and both projects were grouped in a single bid and accepted.  The Land Use Committee reported on the Waste Water Treatment Center to be built on campus with external funds.  Reports also included the Tiger Trails project which addresses parking and landscaping in the campus core area as well as walking, biking, jogging trails and walkways throughout the entire campus with connections to the community.  The Faculty Senate & Staff Senate presented the resolution of appreciation to outgoing chair Mr. Terry Bunn as approved in our May 31 meeting.  He was very appreciative for this recognition.  Mr. Mann Minus was elected as chairman of the Board for the next 3 years.  Dr. Tom Umphrey elected Vice-Chair.  Mr. Alex Saad elected Secretary.  Mrs. Lena Hardaway elected Treasurer.  The Executive Committee of the Board consisting of Mr. John Smith, chair, Mr. Thed Spree, and Mr. Dwight Duke was nominated by Mr. Mann Minus and approved.  The Board went into executive session to discuss the litigation regarding education funding.  Upon return to business, the Board directed our attorney to express continued support for our position in the lawsuit but not to support the portion of the lawsuit related to the segregation aspect as reported in recent press articles.  Mr. Minus recessed the meeting to 10:00 a.m., Monday, June 18 when the Board will hear status reports from our attorneys regarding the higher education funding lawsuit as well as attempt to get the By-Laws in line with the December 1999 change in the law regarding our Board.
3.  eCampus Update

1.   The Hardware/Software Committee met recently and approved a recommended single vendor, Dell, for student purchases for both desktops and laptops.  The exact specifications will soon be posted on the web.  The Committee also recommended that our network technicians receive Dell certification which is needed and relatively inexpensive.  A “Why Dell?” web page will soon be developed to address student/parent questions.  It was also recommended that we initiate a resident technician assistant program.  Additionally, it was decided that we inform and recommend to students the “Complete Care Option” as an option but not a requirement for laptops.  The cost is $125.00.

2.   The Faculty Perspective Committee met in late April and addressed several issues.  It was decided that Dr. Snider will survey the faculty in late August, 2001, to find out questions faculty might have regarding technology, or how they might want to use technology in their classroom.  The survey is also to find out expertise faculty might have in the area of technology.  The Committee is to identify faculty/staff who can answer faculty questions.  Faculty will be asked to post office hours on syllabi, along with their e-mail address.  While it is understood that faculty might have committee meetings during office hours, it would give students and idea of when they might be able to get an immediate response to questions they might have.  Ms. Shirley and Ms. Underwood will explore the idea of faculty providing academic help sessions at lunch or supper in the cafeteria.  They will also formulate objectives for the sessions.  Dr. Floyd will be responsible for the Pedagogical Idea Web Page.  Faculty will be contacted and asked to inform him of helpful web sites they have found which they would like to share with other faculty.

3.   The new 2001-2002 UWA Catalogue will soon be available on the web and it will be in Adobe Acrobat PDF format which will mean that linking to a specific course will not be possible, but faculty members may link to the heading for courses in their area.  Ex.  MH 322 can be linked from the faculty members web page to the Mathematics section and then the user will have to scroll down slightly to get to MH 322.

4.   Each faculty member should have an individual faculty web page which details your department, address, phone numbers, email address, courses taught and many other related items.  Individual faculty web pages are located at http://facstaff.uwa.edu/userid (your email name for userid).  It is our desire for all UWA faculty to have updated faculty web pages before the beginning of the fall semester 2001.  Dr. Floyd will be happy to either assist you or perform the updates for you.  All he needs is the changes, updates, and information you desire to be on your web page.  Your photo may also be included.  You may wish to print out your current page and mark clearly the changes you desire or send the information you want added electronically via email or in a Word file.

5.   Forms web page http://www.uwa.edu/forms
This is constantly being updated and reorganized.  Please contact Dr. Floyd if you have any difficulty with these forms or know of any changes/updates that should be made to any of these forms or if you know of any additional forms from colleges, departments, etc, that should be added.

4. Recruitment & Retentions Task Force Update

1.   Cafeteria hours have been increased during late spring and will begin again this fall.  Breakfast is now 7:00-8:00 a.m. and continental breakfast is 8-9:30.  Lunch is 11:00-1:15 and supper is 4:30-6:30 p.m.  Summer hours are the same as they have traditionally been.

2.   Dorm scholarships – some dormitory scholarships will be utilized across the campus to increase student enrollment.

3.   Band – we are in the process of attracting a new band director with the intention significantly increasing the number of participants.

4.   International Students – we will begin a policy allowing students to receive a partial tuition refund for recruiting international students to enroll and complete a semester.

5.   Women’s Soccer – another move to increase enrollment involves us attempting to begin club soccer for women this fall with the idea of this to eventually become a varsity sport.

6.   Freshman Seminar course – this is for any transfer student who has less than 20 hours of course work.

5. Intellectual Property Policy - Mrs. Patricia Pratt
   Mrs. Pratt reviewed the attached policy with the committee.  She stressed that Distance Learning will be covered on another policy.  The policy was developed by the Research Oversight Committee and revised slightly by the Deans' Council.  Following input from the Senate, it will be returned to the Deans' Council and then sent to President Roach for his consideration and approval.  Dr. Bowen suggested that a statement be added to the policy that it does not apply to Internet technology based courses.  Also he would like the committee to re-visit the policy and make it more clear that the faculty’s rights are protected in the first sentence on the second page.  Mrs. Pratt said that she would take the document back to her committee and then re-present it to the Faculty Senate.
6. UWA Higher Education Partnership meeting
   A meeting will be held in early fall for our faculty and students.
7. Senator Roger Bedford Press Conference at UWA
   There will be a press conference at 1:30 p.m., Wednesday, June 13 in Webb Parlor where Senator Roger Bedford will announce a special allocation of funds to UWA.
8. Financial Affairs Rules Committee Chair
   The Rules Committee will meet to appoint a new chair since Ms. Shannon White has left UWA.
9. Summer Enrollment
   Dr. Floyd reported that in the summer of 2000 there were 580 undergraduates and 360 graduates (Total 940.) This summer there are 605 undergraduates and 359 graduates (Total 964.)  For the summer of 2000 there were 30 undergraduate and 15 graduate beginning freshmen and new transfers.  This summer there are 40 undergraduate and 35 graduate of the same.
10. Office of Institutional Effectiveness
    Dr. Floyd reported that the results of all surveys are now on the OIC Web Page at http://www.uwa.edu/oie. Plans for Rodeo Dome
11. Plans for Rodeo Dome
    Dr. Bowen expressed concern that the University Board Members are discussing the initiation of a rodeo dome at this time when the University is in proration.

5. Adjournment
   Dr. Buckner motioned that the meeting be adjourned and Mr. Todd seconded the motion.  The meeting was adjourned at 5:00 p.m.

June 8, 2001

MEMORANDUM

TO:                  Dr. R.T. Floyd

FROM:            Neil Snider

I saw on the Senate Agenda for June 12 an item relating to the purchasing of library books.  When I called you about the item, you indicated that there was a concern that the departments had not been able to purchase library books for this academic year.  Since I have a class scheduled for Tuesday afternoon and will, therefore, be unable to attend the meeting, I wanted to respond to the item.

As you know the University learned early in the Spring Semester that state funds would be prorated.  In order to meet the impact of proration, assuming it would be 6.5%, each area of the University had its 2000-2001 departmental funds reduced.  The Library’s funds were reduced 13.5%, or $19,250.  The book budget was cut $11,450 in order for the Library to meet its over all 13.5% cut.  Other library budget items were also reduced.

The Library was originally appropriated $15,000 for books for 2000-2001.  After the $11,450 reduction, we had $3,530 left if the book budget.  However, this amount has not been allocated to departments since the University does not know if higher education will prevail in the case before the Alabama Supreme Court.  If the Court rules in favor of higher education, the funds can be used to purchase books.  If not, the current amount will have to be applied to further reductions in DOE in order for the Library to meet a higher level of proration.

I regret very much that the University is suffering from the effects of proration, and I sincerely hope that the Alabama Supreme Court will rule in favor of higher education.  If so, the $3,530 in the book budget will be used to purchase books.

Thank you very much.

THE UNIVERSITY OF WEST ALABAMA
PROPOSED INTELLECTUAL PROPERTY POLICY

Preamble

The University of West Alabama believes in creating an intellectual environment whereby creative efforts and innovations are encouraged and rewarded.  The University also feels it necessary to retain for the University and the learning community reasonable accesses to, and use of, the intellectual property, which is created by university faculty, when the university provides assistance with its creation.  Based on this assumption, the University of West Alabama supports the development, production, and dissemination of intellectual property by its faculty members.

Definitions

Copyright shall be understood as “that bundle of rights that protect original works of authorship fixed in any tangible medium of expression, now known, or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.”

Works of Authorship (including computer programs) include, but are not limited to the following:  musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works (photographs, prints, diagrams, models, and technical drawings); motion pictures and other audiovisual works; sound recordings; and architectural works.

Tangible media include, but are not limited to, books, periodicals, manuscripts, phonorecords, films, tapes, and disks.

Patent shall be understood as “that bundle of rights that protect inventions or discoveries which constitute any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof; new and ornamental designs for any useful article and plant patents being for the asexual reproduction of a distinct variety of plant, including cultivated sprouts, mutants, hybrids, and new found seedlings, other than a tuber propagated plant or plant found in an uncultivated state.

Computer software:  Computer programs fall into a gray area between copyright and patent.  Programs that are part of a “new and useful process” may be eligible for patent protection, while programs embodying minimally original expression may be eligible for copyright protection.

Works for hire:  (1)  “a work prepared by an employee within the scope of his or her employment, “ or (2) as a work specially commissioned and agreed in writing between the parties to be a work for hire, and which falls within certain categories.”

Intellectual Property Ownership

The faculty member who creates, makes, or originates the Intellectual Property shall have sole and exclusive ownership of the property unless he or she voluntarily chooses to transfer the property, in part, or in full, or unless the following situations occur:

            The University may claim ownership of the copyright if

1.             The Intellectual Property is the product of “works for hire”;

2.             The Intellectual Property is the product of a negotiated contractual transfer;

3.             The Intellectual Property is the product of “joint works” where the institution can be considered a co-author.

The University shall own copyright in the following situations:

1.             The faculty member is directed by the University to create a specified work, or the work is created as a specific requirement of employment or as an assigned institutional duty.

2.             The faculty member voluntarily transfers the copyright, in whole or in part, to the institution in the form of a written document signed by the faculty member.

3.             The institution has contributed to a “joint work” under the Copyright Act.  The institution must contribute specialized services and facilities to the faculty member that is beyond what is traditionally provided to faculty members.  The “joint work” arrangement must be agreed to in writing, in advance.

Intellectual Property Use

The University may use works created by faculty members for educational and administrative purposes without charge.  While material created for ordinary teaching use in the classroom and department programs, such as syllabi, assignments, and tests, shall remain the property of the faculty member, the institution shall be permitted to use the materials for internal instructional, educational, and administrative purposes, including using the materials to satisfy requests of accreditation agencies for faculty-authored syllabi and course descriptions.

Also, faculty members are encouraged to provide rights for the institution to use any works transferred to a publisher for internal instructional, educational, and administrative purposes.

Distribution of Intellectual Property Funds

Funds received from intellectual property owned by faculty member shall be allocated and expended as determined solely by the faculty member.

Funds received from intellectual property owned by the University shall be allocated and expended as determined solely by the University.

Funds received from intellectual property owned jointly by the faculty member and the University shall be allocated and expended in accordance with a specific agreement drawn between the two parties at the start of the work.

Funds received from intellectual properly owned by multiple creators shall be allocated and expended in accordance with a specific agreement drawn between the creators at the start of the work.

Intellectual Property Policy and Rights Committee

The Intellectual Property Policy and Rights Committee shall be composed of members equally apportioned between faculty and administration.  This committee will be charged with the following duties:

1.             The Committee shall monitor technological and legislative changes affecting intellectual property policy and report to faculty and administrative bodies when these changes affect the University’s existing policies.

2.           The Committee shall provide recommendations for contract negotiations.

3.            The Committee shall decide disputes over intellectual property ownership and the rights of the owner.

4.            The Committee shall review merits of inventions, and other creations, and make recommendations for the management of the invention, including development, patenting, and exploitation.