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Vol. XLVIII, No. 4
September 12, 2002

In this issue:

From the President
College Council Meeting
Promotions
Distance Education Policy
From the Provost and Vice President for Academic Affairs
2003 Summer School Schedule
Faculty Incentive Grants
From the Vice President for Finance and Management
Retiree Earnings Limitations
Fire Evacuation Drills
From the Vice President for Student Affairs
Graduate School Fair
Anonymous HIV Testing
From the Senior Adviser to the President for Equity and Campus Diversity
College Policy on Consensual Sexual and Amorous Relations
From the Chair of the College Senate
College Senate Meetings
Curricular Item
Senate Standing Committees


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From the President

College Council Meeting
The next meeting of the Buffalo State College Council will be held at 4:00 p.m. Wednesday, September 25 in Cleveland Hall 517.

Agenda

  1. Call to Order
  2. Action Items
      Approval of Minutes: May 8, 2002
      Approval of Annual Report
  3. Council Chair's Report
  4. President's Report
  5. Reports by College Council Committees
      Facilities Development
      Governmental Relations/Advocacy
      Student Affairs
  6. Announcements
  7. Adjournment


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Promotions
Upon completion of the review procedures at the department, dean, and vice presidential levels, I am pleased to announce the following promotions:

Promotion to associate professor, effective September 1, 2002:
Felix L. Armfield, History and Social Studies Education
Christopher B. Aviles, Social Work
John T. Favata, Computer Information Systems
Scott L. Johnson, Criminal Justice
Michaelene M. Meger, Exceptional Education
Nanci M. Monaco, Educational Foundations
Pamela Schuetze-Pizarro, Psychology
John F. Siskar, Art Education
Lori L. Till, Hospitality and Tourism

Continuing appointment:
Marion Fox Barnett, Elementary Education and Reading
Nancy A. Chicola, Elementary Education and Reading

Promotion to associate librarian, effective September 1, 2002, with continuing appointment August 22, 2003:
Maureen Lindstrom, E. H. Butler Library

Appeals
Negative decisions on promotions may be appealed. Appeals are probably best suited to instances in which an individual believes that his or her case was misunderstood or inadequately advocated. If an appeal seems warranted, the president should be notified in writing of the intent to appeal by Thursday, September 19.


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Distance Education Policy
I accept the recommendation of the College Senate and authorize implementation of the Distance Education Policy as follows:

Report of the College Senate Instruction and Research Committee concerning a Policy Statement for Distance Education at the State University College of New York at Buffalo
December 4, 2001

Preamble
It is recognized that the offering of distance education courses/programs has the potential to significantly affect this institution's student population, curriculum, and modes as well as venue of instruction. While the technologies involved in distance education are constantly changing, for the purpose of this document it is sufficient to recognize that their use takes three broad forms. In one case, distance education technology is utilized for providing course information, but the course otherwise remains fundamentally unchanged from the traditional format. Alternatively, the use of distance education technology can fundamentally alter the course. For instance, this might include online interactivity with the class. Another form would be a course that is entirely offered via the Web. The current recommendations are designed to apply to either form of distance education.

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  1. Academic Standards

    1. All courses offered through distance education formats must meet the academic quality standards set by the SUNY College at Buffalo. No fundamental distinction exists between the review and approval processes for traditional and distance education courses.

    2. Course enrollments for distance education classes will be determined in the same manner that enrollments in traditional classes are approved.

  2. Rights and Responsibilities of the University and Faculty and Students

    1. Policies in place for issues such as establishing class size, evaluating staff, and making assignments apply to courses taught in a distance education format and do not need to be altered simply based on the technology associated with the instruction. However, until distance education is more widely practiced at Buffalo State, tenure and other reviews of faculty/staff with extensive involvement in distance education will include input from individuals with distance learning expertise to the extent practicable.

    2. Academic and professional employees will be provided with opportunities to learn the technology necessary to conduct distance education courses they are asked to teach.

    3. All offering of distance education courses will be determined in the same manner as on-campus courses.

    4. Course-related materials, including but not limited to computer files, data, disks, electronic mail, and local area network communication, for distance education classes should be as confidential as the medium allows consistent with appropriate student access and SUNY and state policy.

    5. It is understood that faculty members will continue to create traditionally expected course-related materials, such as syllabi, assignments, and tests, for students in their program or department regardless of the method of dissemination, and use of such materials in classroom/instruction will be without the expectation of royalty payments (refer to the section dealing with intellectual property rights).

    6. If a specific technology is needed for a course, students must be informed in the class schedule of hardware requirements, software requirements, and the prerequisite level of computer expertise necessary.

    7. Students can expect to receive adequate, personal, and timely interaction with faculty members and, where appropriate, fellow students in distance education courses.

    8. Students in residence at Buffalo State who are required to take distance education courses are provided with campus-based Internet access. Students taking courses at a distance are expected to have their own Internet access.

    (Please note: Section III was approved by the Senate on October 20, 2000; only minor word changes have been made in this revision)

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  3. Specific Rights and Responsibilities Related to Intellectual Property and Copyright of Distance Learning Course Materials at Buffalo State College

    1. Overview

      All copyrights to any works (including intellectual creations stored on printed page, videotape, CD-ROM, or any other medium) produced by academic or professional employees will be assigned using the definitions of and according to the Policies of the Board of Trustees of the State University of New York.

    2. Clarifications

    1. Except as limited below in paragraphs III B2 and B3, it is understood that intellectual property created by a faculty member or professional employee will remain the property of the faculty member or professional employee for perpetuity or so long as the law allows. Thus,

      1. Any rebroadcast or redistribution of materials developed by academic or professional employees will require permission from the individuals who created the materials.

      2. A distance education course, like any other course, is the intellectual property of the faculty member who creates it, and the use of such property is contingent upon gaining the permission of the individual who created the course.

      3. Permission to revise or use recorded distance education classes and related materials can be granted only by the instructor responsible for its production.

      4. Where two or more individuals are involved in the planning, design, or composition of a distance education course, it is recommended that the parties involved assign ownership through contractual agreement.

    2. The college is the sole owner of intellectual property when it expressly directs a faculty member or professional employee to create a specified work, or the work is created as a specific requirement of employment, such as might be included in a written job description.

    3. The college and the faculty member or professional employee are joint owners of intellectual property when the college has contributed support and/or facilities that go beyond what is traditionally provided. Such arrangements should be clarified through contractual agreement.

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  4. Resources

    Distance education resources will be adequate to meet external accreditation standards. More specifically, Buffalo State will, within the available budget:

    1. Provide academic and professional employees with appropriate instructional technologies for distance education classes.

    2. Provide instructors with needed supplies as well as clerical, technical, instructional design, computing, multimedia, and library support services.

    3. Implement a series of development activities for academic and professional employees to encourage them to examine educational possibilities in distance learning and to receive training in the use of various technologies. The purpose of the activities is to improve teaching effectiveness and competence and increase employees' comfort level with the pedagogy and technology of distance education.

    4. Provide distance education students with access to appropriate library resources, technological assistance, and student support services.

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From the Provost and Vice President for Academic Affairs

2003 Summer School Schedule
To accommodate local schoolteacher contract dates, an adjustment must be made to Session B of the 2003 summer schedule. Undergraduate courses and evening graduate courses will be scheduled for four weeks, from June 23 to July 19. Graduate day courses will start one week later and run for three weeks, from June 30 to July 19. When departments submit their courses to STARS, faculty members teaching in the three-week period must ensure that their classes are scheduled for the appropriate number of contact hours (37.5 hrs. = 3 credit course). The complete 2003 summer schedule is as follows:

Registration April 14 and 15
Session A (four weeks) May 27–June 21
Session B (four weeks) June 23–July 19
Graduate day courses (three weeks) June 30–July 19
Session C (three weeks) July 21–August 9

For more information about the summer session schedule, contact Richard Podemski, dean of Graduate Studies and Research, or the associate dean in your faculty area.


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Faculty Incentive Grants
The associate vice president for undergraduate studies announces faculty incentive grants of up to $1,000 each to support research, scholarship, and creativity at Buffalo State College. The 2002–2003 Provost Grants for Faculty Research, Scholarship, and Creativity will provide tenured and tenure-track faculty with funding to assist with travel, research, exhibits, and other scholarly activities.

Applications are available at the E. H. Butler Library reference desk. Applications for spring 2003 must be received in the Provost's Office, Cleveland Hall 519, by Friday, November 15.

Funds have been provided by the Continuing Faculty Development Fund through Continuing Education and the Faculty-Staff Development Fund of the Buffalo State College Foundation.

For more information, contact Wanda M. Davis, associate vice president for undergraduate studies, at daviswm@buffalostate.edu.

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From the Vice President for Finance and Management

Retiree Earnings Limitations
The governor has signed legislation increasing to $25,000 the amount New York State public retirees may earn at state agencies under Section 212 of the Retirement and Social Security Law. The new law takes effect January 1, 2003. He also signed a companion piece of legislation that reduces from 70 to 65 the age at which a retiree may have unlimited earnings under Section 212. This change is effective immediately. Therefore, a retiree who is 65 or who reaches age 65 in 2002 is not subject to earnings limits this year. For more information, call Eileen Marino, employee benefits administrator, at ext. 4821.


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Fire Evacuation Drills
In compliance with New York State Education Law, Section 807, fire evacuation drills will be held in various campus buildings September 23–27. Department heads and faculty chairs are responsible for the complete evacuation of areas under their control.

Procedure for occupants:

  1. When alarm sounds, proceed by the most direct means, in keeping with equitable distribution of traffic, to the nearest exit and stand at least 25 yards outside the building.
  2. Leave lights on.
  3. Close all doors.
  4. Turn off room fans; leave hood fans on.
  5. Turn off all electrical and gas appliances.
  6. Close doors to corridors; in the event of actual fire, leave doors in immediate areas unlocked.
  7. Reenter building when "all clear" is announced by authorized personnel.

Exceptions to evacuation during drills only:

  1. Those involved in critical experiments or lab processes that cannot be left unattended may remain in the building.
  2. Those using wheelchairs or crutches may remain in the building; however, one able-bodied person who is responsible for said persons also is required to remain should evacuation become necessary.

A minimum amount of extra time is needed during drills to examine all fire-safety equipment for proper operation.

Call David N. Miller, director of environmental health and safety, at ext. 6113, with questions.

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From the Vice President for Student Affairs

Graduate School Fair
The Career Development Center is proud to sponsor Buffalo State's 13th annual Graduate School Fair from 11:00 a.m. to 2:00 p.m. Thursday, September 26 in the Campbell Student Union Social Hall.

Representatives from more than 50 local, national, and international graduate and professional school programs will share information about graduate-level educational opportunities. All students are welcome.

For more information and a list of participating schools, call the Career Development Center at ext. 5811 or visit www.buffalostate.edu/offices/cdc.


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Anonymous HIV Testing
Staff from the New York State Department of Health will offer free, anonymous HIV testing to students, faculty, and staff on Thursday, October 3 in the Weigel Health Center.

Call ext. 6715 to schedule an appointment. No names or personal identification will be used or recorded.

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From the Senior Adviser to the President for Equity and Campus Diversity

College Policy on Consensual Sexual and Amorous Relations
Students should be free to develop relationships that supplement formal classroom instruction, and employees should be free to develop friendships and engage in social contact with supervisors and fellow employees. In most cases, social interaction among supervisors and employees, between fellow employees, and among faculty and staff members and students will benefit the entire academic community by promoting the interchange of ideas, building mutual trust and respect, facilitating communication, and reducing misunderstandings.

However, when a person in a position of power and authority abuses or appears to abuse that position, mutual trust and respect are lost, and the academic environment suffers. Buffalo State faculty, staff members, and supervisors exercise power and authority over Buffalo State students and over employees for whom they have current or potential evaluative, supervisory, instructional, or other professional responsibility. This inherent power imbalance makes consent within any sexual or amorous relationship between a supervisor and employee or between a faculty or staff member and student suspect, and may impede the real or perceived freedom of the student or employee to thereafter terminate or otherwise alter the relationship. The relationship may create real or apparent impropriety, loss of objectivity, and a conflict of interest in any evaluative, supervisory, instructional, or other professional role that the faculty or staff member may have or may develop in relation to the student or employee, and may expose the individual faculty or staff member, as well as the college, to possible legal charges and liability.

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Therefore, to avoid the breakdown of mutual trust and respect that may result within the academic community from such relationships, it is the policy of Buffalo State College that:

  • Commencement, upon either person's initiative, of a sexual or amorous relationship between a Buffalo State College faculty or staff member and a student with respect to whom such faculty or staff member has current professional responsibility shall be prohibited. Any Buffalo State faculty or staff member who, nevertheless, engages in such a relationship shall be required to remove himself or herself from any evaluation of the student and from any activity or decision that may, or may appear to, reward, penalize, or otherwise affect the student or student employee, and to otherwise take appropriate action to minimize any potential preferential or adverse consequences to the student or to other members of the college community. It also shall be the responsibility of the administrative head of the faculty or staff member's academic or administrative unit, if he or she is aware or is made aware of the relationship, to ensure that the foregoing steps are taken.

  • In addition, any faculty or staff member who engages in a sexual or amorous relationship with a student or student employee shall be subject to counseling, reprimand, probation, suspension, discharge, or other action consistent with applicable collective bargaining agreements, contracts, and procedures.

  • A student shall not be subject to sanction for such a relationship. A student employee may be transferred from his or her position to a similar position, without demotion or other adverse effect on the benefits, terms, or conditions of employment, and alternative arrangements may be made, if feasible, to prevent interference with educational opportunities that give the faculty or staff member current professional responsibility for the student.

  • If such a relationship exists or existed before any current professional responsibility arose for the faculty or staff member in relation to the student, the faculty or staff member shall be prohibited from thereafter undertaking professional responsibility for the student with whom he or she has or has had a sexual or amorous relationship. In no case, however, shall such prohibition result in a demotion or otherwise adversely affect the benefits, terms, or conditions of employment. In the case of the student, reasonable alternative arrangements shall be made, if feasible, to prevent interference with educational opportunities.

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  • Sexual or amorous relationships between faculty or staff members and students to whom the faculty or staff members do not have current professional responsibilities are strongly discouraged.

  • Sexual or amorous relationships between supervisors and non-student employees to whom the supervisors have current or reasonable foreseeable professional responsibilities are strongly discouraged. Where such a relationship exists, previously existed, or develops, it shall be the responsibility of the supervisor (and his or her supervisor) to remove himself or herself from any evaluation of the employee, and from any activity or decision that may, or may appear to, reward, penalize, or otherwise affect the employee, and to otherwise take appropriate action to minimize any potential preferential or adverse consequences to the employee or to other members of the college community. An employee shall not be subject to sanction for such a relationship, but may be removed or transferred from a position (without demotion or adverse effect on the employee's benefits, terms, or conditions of employment) that gives the supervisor the power to evaluate, reward, penalize, or otherwise affect the employee.

  • If a student or employee makes a complaint of sexual harassment against a faculty or staff member or supervisor that arises from a sexual or amorous relationship between the faculty or staff member and the student or employee, the faculty or staff member or supervisor charged with sexual harassment shall have the burden of proving by preponderance of evidence that the relationship was entirely consensual and uninfluenced by the faculty or staff member's or supervisor's professional relationship with the complainant. If a sexual harassment complaint is made by a third person with respect to the sexual or amorous relationship of a faculty member or supervisor to a student or employee, consent to the relationship between the faculty member or supervisor and the student or employee shall not constitute a defense to the third person's complaint, insofar as the allegations concerning the relationship between the faculty member or supervisor and student or employee support the complaint of the third person.

Grievance Procedure

  • This policy should be enforced consistently but with a high degree of flexibility and discretion, with minimal intrusion upon the personal privacy of the participants and with initial reliance upon confidential counseling with an appropriate professional. Any decision to impose sanctions should be made in light of the policy considerations set forth above as they apply to the particular circumstances being considered.

  • Any person may make an inquiry or request for consultation to the Equity and Campus Diversity Office concerning an alleged violation of this policy, and any person may file a complaint alleging a violation of this policy with the Equity and Campus Diversity Office, pursuant to the Buffalo State College Grievance Procedure for Review of Allegations of Discrimination.

Other college policies related to equity and campus diversity can be found at www.buffalostate.edu/offices/equity/contents.html.

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From the Chair of the College Senate

College Senate Meetings
College Senate meetings will be held at 3:00 p.m. in E. H. Butler Library 210 on the following Fridays during the fall 2002 semester:

September 20
October 18
November 8
December 13


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Curricular Item
The following course proposal has been received by the Senate chair and will be forwarded to the Curriculum Committee for review:

PLN 401 Comprehensive Planning Principles. Prerequisites: Introduction to Community Planning (PLN 315) and junior or senior status.
Explores the overarching role of comprehensive planning as it influences future patterns of municipal land use in both natural and constructed environments. Students learn techniques for identifying primary issues and reaching consensus on goals and objectives for future physical development patterns within a community. The process of preparing a master plan is detailed, and students recognize basic comprehensive plan content and procedures for adoption.


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Senate Standing Committees
The College Senate always needs faculty and staff representation on its standing committees. Below are the names of committees and brief descriptions of their basic missions. If you wish to serve on a committee for the 2002–2003 academic year, please print this form and return it to the College Senate Office, Cleveland Hall 211.

Academic Plan
Assumes leadership in the intermediate- and long-range planning of the overall academic function of the college. Areas include the mission of the college, master plan, regionalism, enrollment projections, and accreditation.

Academic Services
Recommends policies designed to make academic support services more useful and available to academic programs.

Budget and Staff Allocation
Gathers, analyzes, and recommends criteria for all data and policies needed to determine budget and staff allocations.

Bylaws and Elections
Conducts necessary elections provided for in the bylaws to ensure proper representation on the College Senate. Recommends changes in the bylaws designed to facilitate the democratic governance of the college.

Curriculum
Receives, reviews, and recommends approval or nonapproval of all courses and programs offered by the college, consistent with Senate policies and procedures.

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Instruction and Research
Concerns itself with aspects of policy that relate to the improvement of instruction and the development of services and resources necessary to carry out or enhance instruction and research.

International Education
Develops the content of overseas academic and faculty exchange programs and makes recommendations regarding admission of and services to foreign students attending Buffalo State.

Professional Welfare
Responsible for matters concerning faculty and staff welfare and well-being.

Standards for Students
Reviews and recommends policies dealing with student admission, readmission, retention, and probation, as well as with graduation standards for undergraduate and graduate students.

Student Welfare
Examines matters and recommends policy concerning aspects of student life.

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