GRIEVANCE OF SANDRA ANDERSON, THOMAS GRAHAM, PAMELA MILLER, AND MATTHEW MODCRIN, PSU

Executive Summary

This is a joint grievance brought for the Executive Committee's review (see July 1999 Board meeting minutes for delegation of authority) under the grievance and appeal procedure in the Board's Administrative Rule, OAR 580-021-0055. Four faculty members in the Graduate School of Social Work at Portland State University: Sandra Anderson, Thomas Graham, Pamela Miller, and Matthew Modcrin, filed a formal grievance related to their expectation of additional compensation each term for teaching off-campus classes in the Master's of Social Work Distance Learning Option. PSU treated the off-campus classes during 1988-89 as part of regular faculty load, replacing other on-campus classes within the faculty members' workload assignments. Last February the University Faculty Grievance Panel heard the grievance brought by the faculty members and recommended in March that two faculty members, Pamela Miller and Thomas Graham, who were teaching the 1998-99 courses, be compensated $2,500 additionally for each of the three terms of the academic year. The Panel also recommended that PSU reconsider its compensation policy, and agree to pay an additional $2,500 per term, so that two other faculty, Sandra Anderson and Matthew Modcrin, might still choose to teach off-campus classes in the Distance Learning Option during 1999-2000. In succession, Provost Reardon and President Bernstine responded to these recommendations by agreeing that there was some misunderstanding on the part of faculty and a need for clarification of the terms of compensation. In acknowledgment of this, they extended a previous offer of an additional $2,500 for the 1998-99 year to Professors Miller and Graham and $2,500 to Professors Anderson and Modcrin if they teach off-site practice courses in 1999-2000. President Bernstine further indicated that he would ask the PSU Advisory Council to review and make recommendations on off-site teaching policies university-wide.

Board President Imeson designated OUS Vice Chancellor for Academic Affairs Shirley Clark to review this matter on behalf of the Board and to make a report to the Board. That report will be distributed to Board members separately.

Recommendation to the Executive Committee

Vice Chancellor Clark recommends that (1) the joint appeal of Professors Anderson, Graham, Miller, and Modcrin be denied; (2) $3,750 stipends be paid to Professors Graham and Miller for 1998-99 and, if Professors Anderson and Modcrin teach practice courses in the Distance Learning Option in 1999-2000, they likewise be paid stipends of $3,750 in addition to their salaries; and (3) President Bernstine's plan to review Portland State University's policies on off-site teaching and strengthen modes of communication concerning such policies be affirmed.

EXECUTIVE COMMITTEE ACTION:

OAR 580-021-0028 TEMPORARY RULE, FELLOWSHIP LEAVE

Executive Summary

Many fellowships, some quite prestigious, pay stipends directly to faculty member recipients. Faculty members who accept such fellowships are granted leave without pay during their fellowships. As a result of their status, these faculty members must pay the full cost of health insurance premiums and may not receive other personnel benefits. Other universities have programs that provide benefits to faculty on certain types of leave. Under the proposed rule, institution presidents who believe a faculty member's leave will benefit the institution as well as the individual faculty member, may grant the faculty member fellowship leave, authorizing payment of employer contributions for health care coverage and other personnel expenses. As in the Board's sabbatical leave policy, faculty members who do not return to the institution for at least one year's service on completion of the leave must repay the institution for the cost of benefits paid during the leave. So that the change will apply to faculty beginning leave fall term, staff proposes the rule be adopted as a temporary rule until permanent rulemaking procedures can be completed. The Board granted delegation of authority on this matter to the Executive Committee at its July 1999 meeting.

Recommendation to the Executive Committee

Staff recommends the Executive Committee adopt the following as a temporary rule, with the intent to adopt as a permanent rule after compliance with all notice procedures is completed.

OAR 580-021-0028, Fellowship Leave

(1) A fellowship leave is leave available to faculty who have received certain fellowships that support research, writing, advanced study or travel related to scholarly or professional activities, including, but not limited to, Fulbright, NEA, NEH, Guggenheim, or other comparable federal or private fellowships, payable only to the faculty member.

(2) Any unclassified employee appointed at .5 FTE or more may be granted a fellowship leave upon approval of an institution president or designee. In addition, an institution president or designee may authorize continuation of institutional health care coverage and payment of employer contribution toward health care or other personnel expenses during a fellowship leave.

(3) Each faculty member, in applying for a fellowship leave, shall sign an agreement to return to the institution for a period of at least one year's service on completion of the leave. If the faculty member fails to fulfill this obligation, the faculty member shall repay the full cost ofbenefits paid by the institution during the leave. This amount is due and payable three months following the date designated in the institution's fellowship leave agreement for the faculty member to return to the institution.

EXECUTIVE COMMITTEE ACTION: