Faculty Senate Minutes Friday, September 18, 2020

11:00am - 1:00pm Virtual Meeting


Joel Hockensmith (chair), Hanadi Al-Samman, Rasheed Balogun, Ellen Bassett, Alan Beckenstein, Ari Blatt, Aaron Bloomfield, Aniko Bodroghkozy, Eli Carter, Ben Castleman, Donna Chen, John Comazzi, Stephen Culp, Luke Dahl, John Dillery, Linda Duska, Robert Emery, Maxim Engers, Jim Fitz-Gerald, Peter Gray, Vanessa Gregg, Doug Grissom, Peter Hallowell, Mark Haskins, Walter Heinecke, Natasha Heller, Ira Herbst, Bob Hirosky, Jay Hirsh, Tish Jennings, Meg Keeley, Ann Kellams, Michael Kennedy, Jason Kerrigan, Bradley Kesser, Daniel Kinney, Susan Kirk, Venkataraman Lakshmi, Adria Laviolette, Kevin Lehmann, Antonia LoLordo, Stephen Macko, Elizabeth Magill, Katya Makarova (Ekaterina Makarova), Carol Manning, Kirk Martini, Kim Brooks Mata, Susan Modesitt, Benjamin Moses, Neeti Nair, Peter Norton, Robert Patterson, Andrew Pennock, James Ryan, Jeri Seidman, Maria Sequeira-Lopez, Mircea Stan, Trinh Thuan, Sarah Stewart Ware, Jeff Young


Maite Brandt-Pearce, Michael Citro, Matthew Gillam, Raghda Labban, Sophia Liao, Judith Thomas, Nicole Thorne Jenkins (* moved to panel), Ellen Yates

Administrative support: Ashley Ayers

Meeting agenda:

  1. Convene and Call to Order - Chair Hockensmith
    (Suggested times below are not restrictions but guidelines to keep the meeting flowing)
  2. 11:05-11:15 am - Chair updates:
    1. Summer EXCO meetings & Procedure
      1. Quorum discussions – Zoom
      2. Quorum voting – Collab
    2. EXCO Resolutions
      1. Death of George Floyd (DEI)
      2. Racial Equity Task Force Report
      3. School of Education and Human Development
    3. COACHE Survey Working Group (Vice Provost for Faculty Affairs’ Cmte)
      1. Senator Susan Modesitt – co-Chair FRRRW
      2. Senator Andy Pennock – expertise in policy analysis
      3. Senator Aaron Bloomfield - Chair Academic Affairs – statistical analysis
    4. Impact of COVID on Faculty Productivity (Vice Provost for Faculty Affairs’ Cmte)
      1. Senator Jacyln Shepard – Assoc. Prof. Medicine
      2. Senator Jeri Seidman – Assoc. Prof. McIntire
      3. Judy Thomas – Dir. Fac. Prog. Library
      4. Senator Natasha Heller – Assoc. Prof. A&S
      5. Gabe Adams – Assist. Prof. Batten
      6. Senator James Savage – Prof. Batten
  3. 11:15 am - Update from BOV Representative Past-Chair Bassett
  4. 11:20 am - Motion to Approve EXCO Resolutions with Discussion (Vote to follow in Collab)
  5. (Consensual Relationship Policy/Faculty Conflict of Interest Policy)
  6. 11:29 Suspend further discussion until after remarks by President and Provost
  7. 11:30 am -12:15 pm – President Ryan
  8. 11:30 am -12:15 pm – Provost Magill
  9. 12:15 pm - Proposed Amendment to UVa Faculty Senate Bylaws with Discussion (Vote to follow in Collab)
    1. Chair Hockensmith - Procedure
    2. Senator Sarah Ware – Chair of ad hoc cmte
  10. 12:45 pm Other business
    1. Senator Andy Pennock – CR/NC Option for Fall 2020
  11. 1:00 pm – Adjourn

Meeting Notes:
Quorum met (Joel Hockensmith, Chair noted 40 participants); Joel called the meeting to order at 11:02am

  • He shared a slide listing governing principles
  • He noted that ExCo had a very busy summer: 5 meetings (meeting dates shared)
  • Highlighted: use a virtual “hand raised” when voicing opinion.
  • Voting: Collab voting and non-anonymous method of voting. Discussion will occur during the meeting; voting will occur after the meeting has concluded.

EXCO Motion: MLK Day recognized at UVA Health. This is an example of the impact that the Faculty Senate can have.

EXCO Resolutions: Death of George Floyd, Racial Equity Task Force Report, School of Education and Human Development.

  • Resolutions are posted to Faculty Senate website and distributed to Faculty Senate by email
  • Issue of function: communicating with pubic/community; meeting Minutes are posted on Faculty Senate website(compliant with UVA and ADA policies)

FS Volunteers for COACHE Survey Working Group (Maite)

  • Susan Modesitt, Andy Pennock, Aaron Bloomfield
  • Shows that FS input is being welcome by administration

FACULTY Volunteers for Impact of COVID on Faculty Productivity (comprised not just of Faculty Senators, but also UVA faculty)

  • Jacyln Sephard, Jeri Seidman, Judy Thomas, Natasha Heller, Gabe Adams, James Savage

Ellen Bassett: BOV update:

  • Return to Grounds was topic of meetings (testing, apps, tracking, preparing for students); hospital issues related to COVID
  • Issue of the inaccurate Daily Progress article with statement about faculty salary cuts – will be addressed by UVA administration
  • Curry: renaming – counter positions offered but BOV overwhelmingly (Unanimous) voted to change name
  • Racial Equity Task Force – the principles were agreed upon and 5 points (available on BOV website)
  • Faculty personnel issues were discussed

There were no questions from Faculty Senate attendees for Ellen.

Joel Hockensmith: is there a motion for approval of EXCO resolutions – Ellen moved. Joel noted that there was no need to second the motion. Invited discussion.

Kevin Lehmann: should not vote on all three in one, separate them out.

Ellen Bassett: withdraw motion. She made a motion for Faculty Senate approval of the George Floyd resolution
Joel Hockensmith: discussion. No discussion, motion will be posted to vote on.

Ellen Bassett: moved for the FS to approve the Racial Equity Task Force Report
Joel Hockensmith: invited discussion. No discussion, the resolution will be posted to vote on.

Ellen Bassett: move for the FS to support removing Curry. Joel: invited discussion.
Kevin Lehmann: clarifying that motion was not to remove the name, but to accept the letter Joel: the resolution will appear in the voting, as part of the question. You’ll be asked to approve the action (approve, disapprove, abstain). Abstentions are important – vote on all of the questions so we can have a quorum. Must vote to pass the resolutions.

Joel Hockensmith: Consensual Relation Policy. Opportunity to develop policy in a way that involves FS input (instead of administration creating policy and passing it down to FS, having initial input from FS). This policy will have impact on faculty retention. FS is not able to act quickly – how do we go forward? An example of FS opportunity to create policy. The current existing policy isn’t thorough enough.

COI: can faculty serve on two P&T committees, both the department and the school? Can same faculty member serve on School and Provost committee? The notion of perceived COI.
Joel presented a work flow for how to proceed with the policy.

Bylaws: ex officio members of FS from the administration (President, Vice Presidents, Deans, Library). A dean is in audience – should be on panel. Dean Jenkins.

Liz Magill: not yet in meeting

Jim Ryan: Dean Jenkins – introduced new Dean Nicole Jenkins. Met with faculty and staff at McIntire. Commerce for the Common Good.

Nicole Jenkins: hello and is looking forward to partnering with units across Grounds.

Jim Ryan:
  -  update on COVID19 and students on Grounds/residence halls.
  -  BOV vote on Racial Equity TF. Provide sense of possibilities for engaging during coming year.
  -  COVID19: they learned by delaying in-person teaching.

  1. Being clear about expectations for health and safety protocols
  2. Robust testing
    • All students tested prior to arriving on Grounds.
    • Testing of waste water in the dorms.
    • Randomized testing of 150 students/day.
    • Working to administer saliva tests – 1000s per week
  3. Adequate quarantine space
  • There has been an uptick in cases, but that’s not a sign of an outbreak. It was an issue with software.
  • Balz-Dobie dorm positive cases in waste water – tested all students in the dorm and they all sheltered in place until results were available. 9 positive cases out of 188 students.
  • All are in isolation/quarantine.
  • Contact tracing still ongoing but complete by end of today.
  • Updating the COVID tracker dashboard – the tracker continues to be work in progress as they add more data and receive community input about data.
  • Community testing – health system volunteers to set up clinics (4/week)
  • If you see anyone working on this issue, thank them – working 24/7 to set up everything
  • The administration will continue to learn and adapt

Racial Equity Task Force and BOV action:

  • Kevin McDonald, Ian Solomon, Barbara Brown Wilson – form a task force to collect recommendations/demands circulating around Grounds and come back from set of recommendations to improve racial equity and diversity.
  • 11 or 12 main recommendations (FS endorsed the report)
  • The Board unanimously passed the resolution and five changes to historic landscape.
  • For the work around diversity/equity/inclusion to be successful, we all have a role to play, not just the central administration but at the school level too. The Faculty Senate encouraged to get involved in visible way, as well. Think about which aspects of the initiatives you’d like to be involved in. Could FS be involved in working on how we make classes more inclusive
    • having the full breadth of students participate, faculty skills in navigating difficult conversations, faculty bringing in issues of equity in the classroom. The most important work in inclusion happens at this level. FS could make a great contribution, helping your faculty peers. Start with the willing, move out from there. Center for Teaching Excellence has resources to help. Efforts led by faculty leads to success.
  • Collaboration: occurs at UVA (more than at other universities) often ad hoc, opportunistic. There is an interest in faculty to identify opportunities for collaboration. FS could play a great role in fostering collaboration across schools and disciplines. Idea: having an internal conference/conversation among faculty who are working on same topic from different perspectives – bring them together to share their work. Having knowledge of the work being done, related to your field.
  • FS dig in on the racial equity work and help other faculty too.
  • Questions?

Andy Pennock: Students not using UVA for COVID testing. Can UVA track testing done outside of the system, in private labs and/or other health systems?

Jim Ryan: yes results can be tracked, if they’re in our health district, but not necessarily if done outside of our health district. UVA doesn’t learn about it quickly, but eventually we learn about it. While it is useful to tell students about the consequences of violating guidelines; also assure them that testing/contact tracing is separate from disciplinary measures. They are not going to get in trouble for testing.

Liz Magill: has a daily call with Jefferson Health District to share information. There is an effort to scale up through saliva testing; testing becoming normalized in student population. Amnesty for students is bolded in communication to students: there will be no disciplinary consequences for testing positive or information provided through contact tracing interviews.

Walter Heinecke: thanks President Ryan for racial equity TF work. Revolutionary. Question: how do you see operationalization of what was passed by BOV, moving forward?
Jim Ryan: he will block some time to get it going. Is going to map out next steps.

Rob Patterson: question about the Thomas Jefferson statue in front of Rotunda. Why were other statutes afforded a different result?
Jim Ryan: we wanted to start with focusing on the Thomas Jefferson statue, and see how that goes. Then think about next steps. Maybe just a plaque. UVA historians are working with Monticello staff. Maybe provide a digital format – might be able to do more of it digitally on Grounds, going forward. History of statue, the TJ statue commemorates the VA Statute of Religious Freedom.
Rob Patterson: removal stops dialogue. Make sense of choices we are making and creating an environment about complexity of issues. Clarke statue removal
Jim Ryan: difference between Clarke statue and Jefferson statue. Invited additional dialogue.

Liz Magill:

  • We are delighted to have Nicole with us (introduced her, and stated her bio)
  • We are working on the credit/no credit issue. Students are going to meet with undergrad policy committee next week.
  • Architecture dean search is moving ahead. Liz is doing a listening tour in the school.
  • SOM dean search has launched. Stakeholder interviews ongoing.
  • New search for VP of Student Affairs. Margo Rogers leading that effort.
  • Questions?

Kevin Lehmann: regarding the discussion around the mechanism for grading, can faculty participate? How do faculty make comments and to whom to send?
Joel Hockensmith: FS will talk about this. Recommendation to pass to administration.
Liz Magill: grading is determined by each school. Faculty are welcome to provide feedback within your school or to Liz. Matt Banfield is working with undergrad group – can send feedback to him, too.
Changing grading system one month into a semester has consequences.

Aniko Bodroghkozy: the Daily Progress article about pay cuts for faculty was an error. UVA will send out announcement. Is there more clarification about how this happened?
Jim: that was the first I’d heard about it. Surprising. The reporter may have confused overall budget reduction and thought that meant that salaries would be cut by same percentage.

Liz Magill: Ellen, Jim, and I sat through the BOV discussion and it’s hard to understand how the reporter made that error. The Health System did take a pay cut but that was not discussed in that meeting – the reported percentage is not the correct percentage. Going forward, the administration could fact check articles.

Natasha Heller: when will there be a decision about next semester and the format? Faculty have concerns; they want to be able to plan well for their spring courses.
Jim Ryan: the spring semester has not yet been discussed. Can’t give deadline currently. Need to turn to it soon. Similar approach to fall semester; a balance between needing to plan but give admin as much info as possible.
Liz Magill: FS and department colleagues are welcomed to express views about the spring semester. Trying to monitor feedback on current term. Deadlines are being sketched out. Interesting things are happening at other institutions: starting later or earlier. Delayed social events, masking requirements. We are learning a lot – your thoughts and ideas are very welcome.

Walt Heinecke: Senate passed resolution to allow us to appoint 3 faculty senators to the Gift Policy Committee.
Liz Magill: on agenda for next time Liz Magill and Jim Ryan meet.

Ellen Bassett: Ron Hutchins moved to the Provost Office. What are the ramifications for faculty? The spring semester is an opportunity to do online teaching better. Broad thinking about what it means to UVA’s future.
Jim Ryan: Ron’s move is a way to align his work with those doing work that is already happening. The core of his work will reman same. Online teaching will be a part of his work. For methodology, the Center for Teaching Excellence is a terrific resource.
Liz Magill: Ron’s needs for high performance computing. He is leading efforts for saliva testing. Online teaching – regretting Archie Holmes leaving. Several committees are looking at online teaching, we want to reorganize these efforts into one committee. Invited feedback.

Meg Keeley: timing for allowing of international programs and travel for credit for next semester.
Liz Magill: an announcement will go out by Sept 30. She’ll ask Steve Mull Meg Keeley: SOM programs for undergraduate students and residents.
Liz: will ask Steve Mull to connect with Randy Canterbury.

Joel Hockensmith: Liz and Jim, thanks for being with us. Moving on to other business.
Jim Ryan: thank all of you – this is a challenging time and Liz and I appreciate your commitment and flexibility. Thank you for all that you’re doing.

FS Bylaws:

  • five volunteers – not selective, committee was self-appointed.
  • Sarah Ware: the committee (stated committee members) was charged with developing procedures for BOV faculty representative. Recommended sending forward three candidates
      - all must be current Faculty Senators.
  • Decision to offer three candidates. Faculty member is non-voting. It is a communication role. Take FS voice to BOV.
  • Statue: BOV may appoint, as apposed to the student rep, which the BOV must appoint. Presence of faculty rep is discretionary – they may chose to exclude the faculty member.
  • This is an important position for the FS; lose opportunity to know what BOV plans, a voice. A rep can have an effect if the BOV is listening. Giving them a choice between three options might increase their listening.

Joel Hockensmith: no second needed because this recommendation has come from committee. Questions?

Andy Pennock: how will the election process happen?
Sarah Ware: by a vote: the three top candidates are sent to BOV with a tally of the votes for each candidate.

Joel Hockensmith: nominating committee puts at least three names forward. But there could be more nominees. Then there is a vote. The top three voted upon candidates would be reported out.

Daniel Kinney: lordliness to BOV can pick and choose. They are welcome to ignore but it should be our faculty representative.

Walt Heinecke: the Fac Senate should have had a discussion before the TF was created. Democracy initiative – befuddled by pandering to the other participants in a shared government system. We act like not equals in a shared governance system. Not what we signed up for. We demanded a fac senate rep on BOV, after the ousting of Terry Sullivan. Have historically been sending the immediate past chair to be the rep. Why are we trying to change the process? How can we ignore the statute and the BOV’s own handbook? UVA culture of continually pandering to BOV when we know from history that a demand for faculty representative came from senate standing up to the board during Sullivan situation. Democracy works by us sending forward only one representative. Should either send one immediate past chair or have an election where only one representative is sent to BOV.

Peter Norton: thanks to the volunteers who put this recommendation together, they had good intentions. Thanks to Sarah for her presentation. We can proceed as committee has recommended, even if we don’t vote on it. If we adopt the motion, we are imposing it on future FS. On the other hand, we could proceed without adopting the amendment. This is a misreading of the statute, reading it in isolation- people elected by faculty or by FS. Nothing in the statute that provides for a list of people – redefines the representative.

FS is an advocacy role, not a communication role. BOV needs an independent voice to say “if you do this, there will be a lot of opposition.” Faculty advice is valuable. Misunderstanding of one line of the statute – should interpret it in terms of what is in best interest of the faculty.

Ellen Bassett: the word “may” – they may appoint a faculty representative. They are not compelled to appoint one and they can ignore. How can we get a slate of people that could get us in the room talking about faculty interest? Different interpretations of history. Asking everyone on the FS to be willing to stand to be on the BOV. Move toward more democracy. No vote for immediate past chairs – good opportunity for us to move forward and continue a good relationship with BOV. Go for advocacy.

Bob Patterson: we had a break in protocol with Alf Weaver. He was a past chair but never served on the BOV. Having past chair serve was protocol that got lost. Incorporate that piece of history into the decision making process – that was a break in the protocol. The process was working smoothly. Everyone who represented us on the BOV has always been a conduit of communication and someone who was also an advocate. Why do we have to got to system of three top vote getters. Can’t we just elevate past chair to Board?

Joel Hockensmith: history informs the future. Alf Weaver stepped aside for personal issue, which led us to this discussion. Think about what could happen if rep can’t fulfill service. There are many scenarios that our bylaws can’t account for.

Sarah Ware: clarification around reading the statute. Gives BOV the choice. Does not clearly give authority for FS to elect without BOV input.

Susan Kirk: what happens if vote tallies are not balanced– consider if a vote may not be the rep from the FS, based on number of votes.

Sarah Ware: this year, the votes were not evenly distributed. Why would BOV not choose their most highly voted for rep? Statute gives BOV the right to exclude the selected rep. We still get a person in the room and it’s someone the BOV thinks they can work with. The alternative is that we send them someone they feel they can’t trust so they shut them out of the conversation. We weighed several scenarios and this option seemed like best way to work with BOV.

Peter Norton: no question about board having right not to appoint. But statute does not give them the right to appoint someone not chosen by faculty or FS. Rep must have majority faculty vote – if not elected, the person is not qualified to serve.

Joel Hockensmith: no further discussion, so: he will set up the recommendation for a vote, which will need 60% to pass. The term “faculty’s representative” does not occur anywhere in State or BOV documents. It is not that the faculty owns the rep, an advisory position. It is unfortunate that we don’t take advantage of our colleagues as experts. We will make sure that we vet information with the full Faculty Senate. Other institutions that have multiple people appointed to BOV.

Andy Pennock: move pass/fail topic to next meeting.
Joel Hockensmith: Andy, put together a proposal and we’ll put you on docket for next time to talk about credit/no credit.

Joel Hockensmith: any additional business?

Walt Heinecke: shout out to grievance committee. They had a tough year with lots of controversy. They handled it in an exemplary way. Thank you to chairs and members for their outstanding work. Significant set of issues that the had to grapple with.

Kevin Lehmann: made a motion to amend that we submit the faculty representative to the BOV who has the most votes; the single highest vote-getter.
Walt Heinecke: seconded the motion. He understands the arguments for getting along with BOV, but based on 2012, the FS should urge the BOV to take the top vote-getter. Too much political pushback. Good first step in the negotiation process: we want to send you he top vote getter.

Joel Hockensmith: amendment on first ballot for you to vote on to modify recommendation. Second ballot to approve original or amended version.

Thank you. Meeting adjourned at 1:01pm