1. Call to Order: The meeting was called to order at 3:12 pm.

2. Approval of Agenda: The agenda was approved with these changes: BASC and PCC were removed from the agenda by request of their chairs. The Faculty Regent's report was moved to later in the meeting, below the committee reports.

Approval of Minutes of the 25 February 2019 Faculty Senate Meeting: The minutes were approved without change.

Office of University General Counsel – Erik Carlsen-Landy, Director of Policy, Compliance, and Training:

Faculty Senate President Joe Moffett began the conversation by noting that some Senators had raised concerns that in a meeting with members of the Faculty Handbook revision group, General Counsel Lisa Lang had stated that the Faculty Handbook is “non-binding.”

Carlsen-Landy replied that he could not speak for Lang, but he assumed that she was referring to our legal rights as faculty members. There is not a lot of law in the Handbook. The rules that are binding on faculty are their contract of employment, their statutory rights like tenure, and their constitutional rights, like academic freedom and freedom of speech. University policy would outweigh a Handbook; the Handbook is not the highest ranking authority for faculty members.

A Senator stated that she has worked on revising the handbook for years, and one issue is the matter of faculty appointments: the difference between ranks/positions. We still seem not to be very clear with respect to what those positions are. For example, visiting professor status is supposed to be a three-year position. Does the Handbook language cover those positions? Where is the information about those positions?

Carlsen-Landy replied that he would have to find where those definitions are and at how other universities are defining those positions. If they are in the Handbook, an HR policy can override those definitions. Protections for those people may be in policy or in law but not in a Handbook.

Moffett responded that all faculty have or know about is the Handbook. That’s the concern. He said that Carlsen-Landy is mentioning outranking policies that we don’t know exist. The issue is transparency.

Another Senator pointed out that when Senate makes a change to the Handbook, it has to be approved by the Board of Regents. If the Handbook is not binding, why does it have to go through so much approval? Carlsen-Landy responded that he was not able to answer this question. Moffett said that he was not sure that Handbook changes do indeed have to be Board approved. Carlsen-Landy stated that Moffett could email the legal office and ask them that.

A Senator asked why the university even has a Faculty Handbook if it’s non-binding. Carlsen-Landy responded that a Handbook is an “extension” document that elaborates the policy, to explain in greater detail what the policy means.

Moffett stated that the problem is that the Handbook has instead become a repository for policy.

Carlsen-Landy replied that the university is bringing in a consultant, Sheila Trice Bell, to address these and other policy issues. She is an attorney and former general counsel at two universities, nationally recognized for her work.

A Senator asked, from which part of the university budget will this consultant be paid?

Carlsen-Landy replied that he did not know.