Penn State University Faculty Senate Council

Special MeetingConsidering 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 ReportEvidentiary componentRecommendations

Responses and challengesLitigationContinuing investigationsBoard ReformAdministration responses Student organizations responsesSenate reform and engagement

Responses

AdministrationSmall group to coordinate operationalization of

recommendations

Board of TrusteesSmall group, headed by Vice Chair, to coordinate

Board consideration of recommendationsStanding committees to determine

recommendations within their purviewEach 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 issuesEnsure 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 forceServe as a resources and provide

consultation for Board initiativesParticipates 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 Committeemapping education in Pennsylvania

Open Discussion

Thank You !