Attachments for Senate Meeting of April 18, 2005

1. Attachments for Senate Meeting of April 18, 2005 • slide 2 Report of the Promotion and Tenure Implementation Work Group • slide 3. Senate Resolution #23 Add Full-Time Contract Faculty to Assembly • slide 4. Senate Resolution #24 to Establish a VEBA • slide 5 page 2 of Senate Resolution #24 • slide 6 Revised Policy “Misuse of University Assets Policy” • slide 7 New Policy on “Reference Check and Background Verification • slide 8 Senate Motion #25 Reorganization of Academic Unit –Coll of Ext Educ • slide 9 Senate Motion #26 Disestablishment of undergraduate Certificate • slide 10 Senate Motion #27 Implement Undergraduate Degree Program

2. Report of the Promotion and Tenure Implementation Work Group (2/9/05) • Introduced by the Senate Personnel Committee • Doug Johnson, Chair • Date of First Reading: March 21, 2005 • Date of Second reading: April 18, 2005 • Report of the P&T Implementation Work Group • and • Provost Glick’s Letter of March 28,2005

3. Senate Resolution #23 (2004-2005) To Add full-time contract faculty (instructors, clinical and research faculty and professors of practice) to the Academic AssemblyIntroduced by George Watson, Chair, University Affairs CommitteeFirst Reading: March 21, 20005Second Reading: April 18, 2005 • Whereas the ACD Manual defines faculty as “an employee of the board in teaching, research, or service whose notice of appointment is as lecturer, senior lecturer, instructor, assistant professor, associate professor, professor, or Regents Professor, or whose notice of appointment otherwise expressly designates a faculty position;” and • Whereas membership in the Academic Assembly is granted to all faculty in a tenure-track position, all academic professionals with probationary or continuing appointment positions, all full time lecturers and senior lecturers, with three-year renewable contracts, but denied to other full-time contract faculty who are instructors, professors of practice, clinical and research faculty; and • Whereas these full-time contract faculty are valued members of the faculty engaged in the teaching, research, and service missions of the university; and • Whereas many of these full-time contract faculty have their contracts renewed year after year, resulting in long and continued service to the university; • Be it therefore resolved that ACD 112-01A be amended to include the following membership categories to the Academic Assembly: • 1. All full-time instructors; • 2. All full-time clinical and research faculty; • 3. All full-time professors of practice.

4. Senate Resolution #24 (2004-2005)to establish a Voluntary Employee Beneficiary Association(VEBA) • Recognizing that high medical insurance costs are a significant obstacle to normal retirement by university and other state employees, it is • resolved that the university should advocate for • A PROPOSAL TO CREATE A VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION • MEDICAL EXPENSE ACCOUNT PLAN AS AN OPTION TO THE • STATE OF ARIZONA RETIREE ACCUMULATED SICK LEAVE PAYMENT PROGRAM • A PROPOSAL TO CREATE A VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION • MEDICAL EXPENSE ACCOUNT PLAN AS AN OPTION TO THE • STATE OF ARIZONA RETIREE ACCUMULATED SICK LEAVE PAYMENT PROGRAM • RETIREE ACCUMULATED SICK LEAVE (RASL) PROGRAM • The State of Arizona RASL (A.R.S. 38-165) provides that the State Department of Administration pay all state employees for accumulated sick leave upon their retirement.  The basis for a payment is: (1) the employee's hourly pay rate at time of retirement; ( 2) X 25 percent for 500 to 749 accumulated sick leave hours; (3) X 33 percent for 750 to 999 hours; and (4) X 50 percent for 1,000 to a maximum of 1,500 hours.  The payments occur over a three year period, with a maximum payments of $10,000 per year. • Under this program, the retiree has to pay federal income and FICA taxes, and the employer has to pay its matching share of the retiree's FICA contribution. • VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION MEDICAL EXPENSE TRUST ACCOUNT PROGRAM • Under IRS Code section 501(c)(9), a VEBA is a voluntary association of employees organized to pay tax exempt life, sick, accident, and similar benefits to members and their dependents. The organization must consist of individuals who are employees with an employment related common bond, such as a common employer. The IRS requirements for a VEBA are: • Resolution: • 1. It must apply to IRS for recognition of exempt status. • 2. It must be a voluntary association of employees. • 3. It may use it assets and only to pay permissible benefits. • 4. Its eligibility or benefits cannot discriminate in favor of officers, shareholders or highly compensated employees. • 5. Participating members or trustees designated by the members must control the trust (or VEBA). :

5. Senate Resolution #24 (2004-2005) continuedpage 2 of 2 • Dental Insurance Premiums • Vision Insurance Premiums • Medicare Supplement Premiums • Long Term Care Insurance Premiums • Long Term Care Medical Costs • Medical Insurance Premiums • Health Care Plan Co-payments and Deductibles • Office Visit Co-pays and Deductibles • PROPOSAL • Using the tax exempt monies, retirees can pay health related expenses including, among many others: • To amend or revise the Arizona RASL payment statute (A.R.S. 38-165) to permit state employees to participate in a VEBA Medical Expense Trust Account: as an option to the RASL, or to substitute a VEBA for the RASL. • Under the RASL, a retiree receiving three annual payments of $10,000 nets approximately $7,500 per year after taxes. Under a VEBA, a retiree nets $10,000 per year and the state saves $785 per year in matching FICA taxes.

6. Revised Policy “Misuse of University Assets Policy”Introduced by: George Watson, Chair, University Affairs CommitteeFirst Reading: March 21, 2005Second Reading: April 18, 2005 • March 7, 2005 • Memorandum To: Members, Executive Committee link: http://www.asu.edu/aad/manuals/acd/acd123.html • Academic Senate • From: Cynthia Jewett • Associate General Counsel • Subject: Misuse of University Assets Policy • Background • ASU currently has a policy titled "Misappropriation of University Assets" housed in ACD 123, SPP 812 and COM 704. The ACD policy is the most comprehensive. SPP's version appears to be excerpted from the ACD policy. The COM policy is merely a cross-reference link to either ACD 123 or SPP 812. (In addition, there are a couple of similar policies in the SES Manual - SES 301-11: Handling Incidents of Fraud, Misrepresentation, and Misappropriation and SPP 305--09: Handling Incidents of Fraud). The ACD, SPP and COM policies were each adopted in the mid-1980's and have an orientation towards referring investigations of suspected misappropriation to ASU DPS. In the past year, the Office of General Counsel has been reviewing existing policies on misuse or theft of university property or assets and ethical violations and we have identified 35 policies across multiple manuals. In sum, our existing structure is not efficient or readily accessible to supervisors or employees trying to familiarize themselves with expected standards of conduct and processes for handling allegations or concerns of inappropriate behavior. As you may be aware, over the past two years, we have had a handful of incidents involving employees misappropriating university assets. The process that we have been following (i.e., requesting the initiation of a special audit by the Office of Internal Audit and Management Services and/or the Comptroller or Student Business Services) has not tracked the existing policy inclination of having ASU DPS be the primary investigator. • Proposed Policy Revision • The proposed policy seeks to • identify standards of conduct for faculty, staff and students in readily understandable terms, • establish a consistent procedure for investigating concerns that tracks the administrative process we actually use, • consolidate all relevant information for supervisors, employees and students, and • reduce confusion over which policy or process applies to a given circumstance. • identify certain mandatory notifications so that appropriate university officials can facilitate a prompt and thorough review of a matter. The Board of Regents Audit Committee requires prompt notification when a special audit is instituted and periodic reports on the status and outcome of the audit. • The attached policy is substantially modeled after the policy adopted by the University of Arizona at the end of March 2004. It is our recommendation that the policy be housed in the Academic Affairs Manual, similar to other policies that apply to faculty, staff and students (e.g., ACD 125, ACD 401, 402, 403, 404 and 405).

7. New Policy on “Reference Check and Background Verification Policy”Introduced by : George Watson, chair, University Affairs committeeFirst Reading: March 21, 2005Second Reading: April 18, 2005http://www.abor.asu.edu/1_the_regents/policymanual/chap6/6-709.pdf • March 7, 2005 • To: Members, Executive Committee • Academic Senate • From: Cynthia Jewett • Associate General Counsel • Subject: Reference Check and Background Verification Policy • Legislative efforts last year would have mandated (a) the immediate termination of academic personnel for certain specified felonies (HB2369) and (b) fingerprinting of all new and current employees of the universities (HB2369). Regent Stuart convinced Representative Biggs to hold the bills in exchange for ABOR adopting a background check policy. • August 2004, ABOR adopted policy 6-709 “Mandatory Background Checks for Employees and Process for Hiring, Retaining or Terminating Employees Convicted of a Felony Offense.” Policy mandates that each university will adopt an institutional policy implementing the Board’s requirements. • “Reference Checks and Background Verification” is ASU’s proposed institutional policy. Key provisions: • applies to new external or internal hires to posted positions (faculty, AP, administrative, SP and classified staff) • mandates check on employment history, references and criminal convictions • optional – academic, licensure, financial, driving record, drug (CDL) • external consumer reporting agency will be utilized per the standards established under the Fair Credit Reporting Act • cost borne by hiring unit – cost range estimated between ($35 to $75 dependent on scope of search components) • Fingerprint component cannot be implemented until statutory authority received (SB 1444) • Fingerprint check is limited to those positions designated as “security or safety-sensitive” • This is a one-time check, not a fingerprint clearance card. Cost is $29, borne by hiring unit • Security or safety sensitive positions are: • University administrators and others with significant financial oversight responsibilities • Positions with unsupervised direct access to minors • Positions with direct access to Select Agents per USA Patriot Act • Positions with unrestricted access to residence hall rooms • Other positions designated by a VP or Dean • Finalists who indicate that they have a prior felony conviction • Employees of ASU DPS • Policy needs to be reviewed for consistency with Board policy by Board Executive Director • Policy to be set forth in ACD Manual - seek review and approval of Academic Senate (March and April 2005 meetings)

8. Senate Motion #25 (2004-2005) (First Reading) • ARIZONA STATE UNIVERSITY First Reading • ACADEMIC SENATE • Spring 2005 SESSION • Senate Motion # __ 25 (2004–05) • Motion Introduced by:Curriculum and Academic Programs Committee • Michael Mayer, Chair • Date of Introduction April 18, 2005 • for First Reading: • Date of Second Reading: April 18, 2005 • Title of Motion: Request for the reorganization of an academic unit – disestablish the College of Extended • Education and establish the School of Extended Education within University College • The Curriculum and Academic Programs Committee recommends Academic Senate approval • of a request for the reorganization of an academic unit – disestablish the College of • Extended Education and establish the School of Extended Education within • University College • Rationale: • The proposed organizational change would disestablish the College of Extended Education and establish a School of Extended Education in University College. • The School will focus on degree completion programs, not-for-credit programs, major expansion in distance education, and major expansion in tailored-training offerings. The School of Extended Education fits well with the recently established University College. Within this new organizational structure, the School of Extended Education will be able to coordinate and complement the activities of the other academic and administrative units in the College.

9. Senate Motion #26 (2004-2005) • ARIZONA STATE UNIVERSITY First Reading • ACADEMIC SENATE • Spring 2005 SESSION • Senate Motion # 26 (2004–05) • Motion Introduced by: Curriculum and Academic Programs Committee • Michael Mayer, Chair • Date of Introduction April 18, 2005 • for First Reading: • Date of Second Reading: April 18, 2005 • Title of Motion: Request from the College of Liberal Arts & Sciences – School of Life Sciences for the Disestablishment of an undergraduate certificate in Health Physics • The Curriculum and Academic Programs Committee recommends Academic Senate approval • of a proposal submitted by the College of Liberal Arts & Sciences – School of Life Sciences • for the disestablishment of an undergraduate certificate in Health Physics • Rationale: • This certificate program has not been utilized by students. No students have completed the requirements for or have been awarded this certificate for the last ten years.

10. Senate Motion #27 (2004-2005) • ARIZONA STATE UNIVERSITY First Reading • ACADEMIC SENATE • Spring 2005 SESSION • Senate Motion # ___27 (2004–05) • Motion Introduced by: Curriculum and Academic Programs Committee • Michael Mayer, Chair • Date of Introduction April 18, 2005 • for First Reading: • Date of Second Reading: April 18, 2005 • Title of Motion: Request from the Heberger College of Fine Arts and the College of Liberal Arts & Sciences – for the Implementation of an undergraduate degree – BA in Film with concentrations in Film & Media Production and Film & Media Studies • The Curriculum and Academic Programs Committee recommends Academic Senate approval • of a proposal submitted by the Herberger College of Fine Arts and the College of Liberal • Arts & Sciences for the implementation of an undergraduate degree – BA in Film • with concentrations in Film & Media Production and Film & Media Studies. • Rationale: • The BA in Film will fill a long-standing and clearly articulated need at Arizona State University for a coherent and complete film production program and a humanities-based film and media studies program. Students have been requesting a program at the University for some time now, and their requests are growing. The multidisciplinary BA will expose students to cutting edge technologies of production and ethics content and will engender in them the high level of visual literacy and the critical faculty necessary for understanding and actively contributing to the media-saturated world in which they live and work. The degree is intended to draw upon relevant courses from the humanities, social and natural sciences, communications and the full range of the fine arts.