FACULTY SENATE
MEETING MINUTES
Tuesday,
February 5, 2002
The
meeting was called to order by the Chair, Dr. Anne O. Kilpatrick
at 7:45 AM on Tuesday, February 5, 2002 in Room 107 Admin./Library
Building.
MEMBERSHIP
ROSTER:
Thirty
three of 44 senators (75%) were present.
College
of Medicine, Basic Sciences:
Present
were: Philippe Arnaud (Council Member), Lucille London (Alternate),
Sally Self and Joan Olson
Absent
were: Janice Lage and Eberhard Voit (excused absence)
College
of Medicine, Clinical Sciences:
Present
were: Connie Best, DeAnna Cheek, Gary Gilkerson, Barry Hainer, Subbi
P. Mathur (Secretary), Narendra L. Banik, Mark Green, Dean Schuyler,
Paul Gold, Susan B. Tate and Thomas Steele
Absent
were: Terry O'Brien, Timothy Carter, Stanley Hoffman (Alternate),
Philip Saul, Benjamin Saunders and Renan Uflacker
College
of Dental Medicine:
Present
were: Peter Kobes, Luis Leite (Council Member) and Carlos Salinas
(Alternate)
Absent
was: Stephen Malley and Elizabeth Pilcher
College
of Health Professions:
Present
were: Anne Kilpatrick (Chair), Janice Hundley, Gail Pashek
Absent
were: Richard Hernandez (excused absence) and Andrea White
Library
Sciences and Informatics:
Present
were: Jennie Ariail, Mary P. Mauldin (Council Member), Joann Sullivan
and Nancy McKeehan
Absent
was: None
College
of Nursing:
Present
were: Ramita Bonadonna, Francine Margolius and Tara Hulsey
Absent
was: None
College
of Pharmacy:
Present
were: John Bosso, Joli Cerveny, Kit Simpson (Council Member) and
Katherine Chessman
Absent
was: None
APPROVAL
OF MINUTES:
The
meeting minutes of January 8, 2002 were posted in the unapproved form
on the web site and were available for review prior to meeting. The
minutes for January were unanimously approved and passed. The next meeting
will be held at 7:45 AM on Tuesday, March 5, 2002 in the Admin./Library
Room 107.
MEETING
PROCEEDINGS:
I.
Committee Reports:
- Faculty
Affairs Committee: Subbi P. Mathur (Chair) reported that her
committee will meet at 10 AM on Monday, February 11 at the Clinical
Sciences Building Room 635 D conference room. The Committee will
discuss the Hand Book Section on Tenure and work on ways to strengthen
the definition of tenure and link it to suitable salary remuneration.
The Committee will also discuss details on holding a Workshop on
Tenure for all the Faculty members especially, the Junior Faculty.
She urged any senator that is interested to attend the Committee
meeting.
- Academic
Affairs Committee: Philippe Arnaud (Chair) will convene the
meeting at a suitable time and place in the first week of March.
This Committee is charged with looking at Faculty remuneration and
the policies governing it.
- University
Affairs Committee: Mary Mauldin (Chair). Besides the Gender
Equity sub-committee under the chairmanship of Kit Simpson, this
Committee will look at the continuity and communication in the Faculty
Senate. For example, several senators serve as senate representatives
on university-wide committees, but lose contact with the Senate
once they rotate off the Senate service. We need to have a mechanism
for these senators to continue reporting to the Faculty Senate until
their Committee Assignments are completed.
- Gender Equity
Committee: Kit Simpson (Chair) reported that she is in the process
of getting her committee together to study Gender Equity issues
in the University and extrapolate it to Minority related issues
also.
- Governance
Committee: Francine R. Margolius (Chair) is convening her Committee
meeting during the first week of March. The tasks facing this Committee
are the conducting of the Senate Election in May, providing guidelines
for the election and finalizing the incorporation of corrections
in the Faculty Hand Book. Regarding the latter, the blue-purple
version (incorporating all Board of Trustees approved corrections)
is completed. Mr. Walker Coleman met with Dr. Rosalie Crouch to
have this version looked at.
II.
Policies and Reports
- Faculty
Contracts Committee Report: Rich Hernandez (Chair; Paul Gold,
Jennie Arial, Tara Halsey, Louis Leite, Sally Self, Terry OÕBrien
and John Bosso, members -- Tom Higerd, ex officio)
reported through an email (he was out sick) to all the Faculty Senators
that the faculty contract process is continuing to move ahead slowly
but surely. He met with the Deans' Council in January and gave its
members a briefing similar to the one he gave at the Faculty Senate
Retreat. The recommendations we have made so far were well-received
with one exception. There was concern by the Provost and several
Deans that the reference in the contract to mediation could undermine
the Chair's authority and ability to negotiate. Also, the Faculty
Hand Book does not specify a process for mediation, but only a recognition
that it is an option. He believes that there is now an initiative
started by Anne Kilpatrick to establish a mediation process. The
Provost also asked that we include language that addressed compliance
with the rules and regulations required for the conduct of research
and clinical practice. The committee's recommendations have been
forwarded to both Frank Draine, our Legal Counsel (the draft will
also be sent to Martha Upshur, our other Legal Counsel, and Joe
Good, MUSC Legal Counsel. Once we get their feedback, the committee
can finalize the language. He is also meeting with Dr. Tom Higerd
(ex-officio) on Wednesday to develop ideas for the Contract
format, which he will then bring to the committee for discussion.
Dr. Hernandez's written report was discussed in great detail on
the senate floor. Some faculty members from the College of Medicine
Clinical Sciences Division, were concerned about the non-competitive
clinical practice or other clauses that are now part of the College
of Medicine contract for clinical faculty members, since UMA does
not have its own Faculty Contract. A senator explained that Ph.D.
researchers also get salaries from different sources including UMA,
state and research funding that complicates the writing of the contract.
Other faculty members were concerned about the short time that is
given for the Faculty members (five days) before they have to sign
their annual contracts and wished there should be some wording regarding
the matter. The members of the Contracts Committee present at the
meeting took note of the raised concerns and promised to transmit
them to the rest of the Committee before finalizing the document.
Due to the heterogeneity of the MUSC Faculty, it was emphasized
time and again, that we do have a crying need for an universal Contract
that will be applicable for all the Faculty and yet has the flexibility
to incorporate the individual tailored job requirements of each
Faculty member.
-
-
Conflict
of Interest and Outside Activities Policies Report: Kathryn Meier
(Chair, MUSC Conflict of Interest Resolution Committe and the former
Faculty Senate member representative to the MUSC Consultancy Task
Group) commented on the drafts of two major and important policies,
namely: (1) Faculty Conflict of Interest Policy and (2) Faculty
Outside Activities Policy developed by the Task Group and are being
presented to the Faculty Senate for its approval. The members of
this Task Group were: Valerie West (Chair), John Heffner, Dan
Sneed, Pat Arford, Don Wiest, Kay Meier (FS), Ken Roozen, Tom McIlwain,
Deborah Carson (FS), Mike Schmidt, Dan Knapp (FS) and Kathryn Magruder.
The committee met for approximately one year to complete the
following charges:
- Review university
and college polices regarding faculty "professional/outside
activities as related to "conflicts of commitment" or
"conflicts of interest"
- Recommend changes
if appropriate
- Recommend procedures
for enforcement of policies
a.
Outcomes, Faculty Activities Policy; (9.4 and 9.6 Faculty Handbook)
- Based on similar
policies at other institutions, including SC universities
- Philosophical
introduction with rationale for faculty involvement in activities
- Definition
of conflict of commitment
- Delineation
of categories of activities
- MUSC Contractual
activities - professional activities covered in contract and practice
plan
- Outside professional
activities - outside university auspices but related to faculty
member's duties
- Outside employment
- not related to duties, not encouraged
- Emphasis on
annual contract and importance of accurate, negotiated documented,
and signed contracts that include desired professional activities
- preference for channeling funding through the University
- Process for
approval and reporting of activities, resolving disputes between
chairs and faculty, roles of faculty and chairs defined.
- College level
polices and procedures called for in compliance with university
policies as specified.
b.
Conflict of Interest Policy: Final Draft is online.
- Defines conflict
of interest
- Broadens scope
to non-research applications
- Process and
procedures identified
- Connected to
faculty activities policy
- Calls for disclosure
of all activities for potential conflict of interest
Accomplishments
of the Task Force:
1)
Developed a new Faculty Activities Policy that addresses "conflict
of commitment".
2)
Revised and expanded the Conflict of Interest policy.
Key
Features:
1) Faculty Activities Policy:
Definition of conflict of commitment
Delineation of categories of activities
Use of annual contract to define expectations
Process for approval, reporting, and dispute resolution
Flexibility for variations between colleges
2)
Conflict of Interest Policy:
Broadens scope to include non-research activities
Updated description of process for reporting and review
Integrated with the Faculty Activities Policy
New procedure for annual disclosure of all activities that may present
conflicts of interest/commitment*
Besides
these two documents, she also reviewed the document that she uses while
resolving issues of conflict of interest in her University-wide Committee.
The form is appended at the end of the present Minutes.
Kathryn
Meier emphasized the importance of these documents being approved by
the Faculty Senate to provide guidelines for Faculty members while planning
their professional activities. Anne Kilpatrick recommended that we poll
the senators through email and approve/amend the documents. Subbi P.
Mathur will email the senators regarding this matter.
III.
Chair's Report: Anne Osborne Kilpatrick
1. Faculty Hand Book and drafts of policies have been sent to both
the Faculty Legal Counsel for review during last week. Anne Kilpatrick
expressed her disappointment in not hearing from either Mr. Frank Draine
or Ms. Martha Upshur in spite of her efforts to reach them. She asked
the Senate to help her and the Executive Committee in finding a proper
replacement. Dr. Barry Hainer, in charge of the Legal Counsel Fees,
made a motion allowing the Executive Committee to choose a replacement
with a friendly amendment from Subbi Mathur that we shall first make
every attempt to make sure that both legal counsel will fulfil their
duties with the speed that we require. The motion, with the friendly
amendment, was unanimously approved. We have so far collected $ 9,675
in our Legal Counsel Account. An important post-meeting update: Anne
Kilpatrick was able to contact Mr. Draine and Ms. Upshur later that
day.
2. MUSC Hearing Committee, appointment of new members. The following
senators have been recommended to the Provost to be members of the MUSC
Hearing Committee: Subbi Mathur: College of Medicine ; Andrea White:
College of Health Professions; Francine Margolius: College of Nursing;
Richard Albenesius: College of Dental Medicine; Deborah Carson: College
of Pharmacy; and, Mary Mauldin: Library Sciences
3. New charges to the Committees: Anne Kilpatrick has asked the
University Affairs committee (Mary Mauldin appointed as the Chair)
to work on Continuity and communication. Note: Faculty Affairs and Academic
Affairs committees received charges at the January meeting
4. Status of Arts and Digital Imaging Report and Post tenure review
document: The Arts and Digital Imaging Review Report (Chair:
Carlos Salinas; Senate members Subbi Mathur and Janice Hundley)
was approved by the Deans' Council and the Deans' Council recommended
that the Arts and Digital Imaging Department be placed as an Academic
support department under the purview of the Provost and that a task
force be appointed to further review the recommendations presented by
the Senate that can be found in the January meeting Minutes. Carlos
Salinas and Subbi Mathur will serve on this task force to help the
process.
The
Post tenure review document was unanimously approved by the President's
Council during its January 23 meeting. Philip Privitera (Chair) and
Subbi P. Mathur (member, Post-tenure review committee; Jerry
Webb the other committee member was unable to attend the meeting)
were present at the Council meeting as the members of the Committee
that worked on this important document.The document is now sent to the
Board of Trustees for its approval before becoming part of the Faculty
Hand Book. The revised document provides recourse for faculty who are
not performing up to the expected level of satisfaction by placing the
responsibility of providing a supportive environment for the tenured
faculty on the Chair and the College. The important revision is that
the tenured faculty members who score above satisfactory in their post-tenure
review will receive a raise in base pay, supported by the Provost's
office in the first year and continued by the Department or College.
5.
Deferred Compensation and Life Insurance Policies (457K): Around
128 MUSC Faculty members own these policies that have both the deferred
compensation and life insurance components.After the disallowance of
these combined Policies as tax deferred compensation programs by the
Internal Revenue Service, the Medical University of South Carolina has
decided that it will not do payroll deductions for investing in these
policies. Anne Kilpatrick and Francine Margolius met with
John Sutusky and Susan Haskill to discuss the plight of the 128
faculty members who will be encumbered by this change of policy. They
were told that these faculty members should call Mr. Sandy Sanders (authorized
by the MUSC to deal with this matter) of the American Pensions Inc at
884-3912. Anne Kilpatrick urged all the Senators to email their
electorate unit to advise them regarding this grave matter.
IV.
Financial Report by Dr. Jerry Reves, Dean, College of Medicine: Dr.
Reves presented a brief synopsis of the financial challenges facing
him as the Dean of the College of Medicine. In 1998, the College of
Medicine had a net balance of 30 million dollars that was reduced to
15 million dollars in the next year and by the year 2001 was down to
0.1 million (See the Table below)
MUSC
COLLEGE OF MEDICINE FINANCIAL HISTORY
| Month/Year |
MUSC Accounts |
| July, 1998 |
$ 30 M |
| July, 1999 |
$ 15 M |
| July, 2000 |
$ 2.5 M |
| July, 2001 |
$ 0.7 M |
| October,
2001 |
$ 0.1 M |
Now,
the College of Medicine is in the red. Where did all this money go?
RESOURCE
INVESTMENTS
o Increased quality and size of faculty and Departments
o Creation and support of interdisciplinary programs
o Renovation of clinical and research space to attract
ROOT
OF THE PROBLEMS
- MUSC Expenditures
by Clinical Departments without transfer of backup UMA dollars,
all at a time that the Balanced Budget Act forced losses on the
MUSC Hospital Administration & reduced Medical University Hospital
Administration transfers of > $ 20 millions per year to College
of Medicine.
- University
Medical Associates (UMA), originally started to benefit the medical
school, but eventually lost about 60 million dollars in following
the national trend of purchasing primary care facilities in Charleston
and surrounding areas. The UMA was unable to keep up with its obligations
to the medical school and gradually has fallen way behind in fulfilling
its financial obligations.
- College of
medicine operated with a common checking account for all the departments.
Balances in one department were used to cover overdrafts in other
departments or entities in college. Net effect of overall deficit
spending is the depletion of cash reserves
- Up until 1997,
hospital was spending 20 to 30 millions per year to academically
support College of Medicine that came from Medicare benefits. With
the passing of the Balanced Budget Act, the College of Medicine
lost this revenue.
- Also, the UMA
was cited by Federal authorities for violation of filing patients'
reports and had to spend to the tune of 30 million dollars to settle
the case outside court.
- The one bad
thing is that the accounting practices in the College of Medicine
consider both UMA and College of Medicine as common owners, with
the result that the UMA could deplete our College of Medicine financial
resources.
Proposed
Solution:
- Dr. Reves has
formed a Financial Review Committee comprising of the Chairs of
different departments and the financial Vice President and other
important financial administrators.
- He has instituted
a freeze of funds policy for all surplus spending in all Departments
of the College of Medicine. Essential College Spending continues,
and non-essential is suspended.
- Creation of
separate departmental accounts.
- Departmental
deficit spending must develop a plan to end it - active Dean's Office
oversight in place.
- Clear and Open
communication of College of Medicine finances.
- All these challenges
test individual and collective leadership.
Dr.
Reves pleaded that we seek solutions and not scapegoats and that this
is the time of resolve not panic. He projects that using these prudent
steps, we shall overcome this financial hardship by the end of 2003.
Questions
from the floor focused mainly on the flaws of financial policies in
the various departments and colleges. Dr. Reves agreed that there must
be an uniformity in financial policies through the whole University.
The senators thanked Dr. Reves for addressing the Faculty Senate on
this important matter.
III. ADJOURNMENT
Next meeting: 7:45 AM, Tuesday, March 5, 2002, Administration/Library
Building Room 107.
Committee
and Job Assignments (To refresh our memories!)
Governance
Committee: Francine R. Margolius (Chair), Subbi P. Mathur,
Nancy McKeehan, Janice Hundley, Joli Cerveny, Betsy Pilcher, Gail Pashek
and Eberhard Voit
Faculty
Affairs Committee: Subbi P. Mathur (Chair), Philippe Arnaud,
Dean Schuyler, Ramita Bonadonna, John Malley, Katherine Chessman, Peter
Kobes, Joann Sullivan, Janice Lage, Richard Hernandez and Timothy Carter
Academic
Affairs Committee: Philippe Arnaud (Chair), Barry Hainer, Paul
Gold, Jennie Ariail, DeAnna Cheek, Joan Olson, Tara Hulsey, Gary Gilkeson
and John Bosso
University
Affairs Committee: Mary Mauldin (Chair), Kit Simpson,
Sally Self, Terry OÕBrien, Janice Hundley, Luis Leite, Benjamin Saunders,
Connie Best and Janice Lage
Faculty
Senate Retreat Coordinator: Subbi P. Mathur
Webmaster:
Mary P. Mauldin
Respectfully
Submitted by:
Subbi
P. Mathur
Secretary
to the Faculty Senate
*******************************************************************
Appendix:
OUTSIDE
ACTIVITIES DISCLOSURE FORM
(Used
by the MUSC conflict of Interest Resolution Committee,
Chaired
by Kathryn Meier, Ph.D.)
The
purpose of this form is to disclose outside professional activities
that could potentially result in conflicts of interest or commitment.
This disclosure is intended to be proactive and will not necessarily
require further action. The form is to be signed by your departmental
Chair, then submitted to the Academic Compliance Office. If you are
a Chair or Division Chief, the form is to be signed by your Dean. Chairs
and Deans have the option to forward the submitted information to the
MUSC Conflict of Interest Resolution committee, and/or to the Associate
Provost for Research, for further review. In all cases, the disclosure
will be handled confidentially. Use a separate page for each activity;
append pages as needed. Thank you for your participation.
1)
Are you involved in an activity that utilizes your professional expertise,
but is conducted outside the university?
____yes____no
If
the answer is "yes":
a)
please describe the nature of the outside professional activity (e.g.,
consulting, educational activity, clinical activity, etc.).
b)
Provide the name of the sponsoring agency, organization, or entity.
c) Describe the extent of your commitment (i.e., number of hours per
year when duties are performed, etc.).
d) Indicate whether you take annual leave when engaging in this activity.
2) Do you receive financial compensation for the activity described
above?
____yes____no
If
the answer is "yes":
a)
If you receive monetary remuneration, indicate the nature and approximate
annual amount (e.g., cash, travel expenses, lodging, entertainment,
gifts, stock options, etc.).
b)
If you own equity in the sponsoring entity, indicate the percent equity
or monetary value of your interest.
3)
Are the proceeds handled through an MUSC practice plan, or is a percentage
of the proceeds provided to your academic/clinical unit at MUSC?
____yes____no
If
the answer is "yes":
a)
Briefly describe the arrangement with your MUSC unit.
4) Does a family member (spouse, children, parents, grandparents) or
a person under your supervision (faculty, staff, or student) serve as
an employee for, or have a financial interest in, the sponsoring entity?
____yes____no
If
so the answer is "yes":
a)
Briefly describe the relationship between yourself and the individual
involved.
5)
Are you involved as a principal investigator (or participant) on a research
project funded by the sponsor?
____yes____no
If
the answer is "yes":
a)
Provide the title and dates of the project.
If the answer is "no":
a)
Indicate whether you anticipate such involvement in the future.
6)
If any of the situations described above pose a potential conflict of
interest or commitment, propose a plan that would resolve or manage
the conflict. Although this plan can be brief, attach additional pages
as necessary.
___________________
Signature of Faculty Member ___________ Date
___________________ Name (typed)
I have received the attached Outside Activities Disclosure Form. I acknowledge
the validity of the information provided, to the best of my knowledge.
___________________
Signature of Supervising Administrator __________ Date
___________________ Name (typed)
Additional information:
The completed form is to be submitted to the Academic Compliance Office.
Use the area below, as necessary, to indicate that this form has been
forwarded to an additional administrator (e.g., Vice Provost for Research)
or administrative committee (e.g., Conflict of Interest Resolution Committee).
Submitted
to:
____________________ Committee/Administrator name ___________ Date
Submitted
by:
___________________________
Signature _____________ Date
___________________________ Name (typed)