Posted March 10, 1997
MEDICAL FACULTY ASSEMBLY
MINUTES FOR THE MEETING OF MARCH 4, 1997
TABLE OF CONTENTS
Attendance by Officers and Members of the
Executive Committee
Representation at the Meeting
Resolutions of Graduate and Professional
Student Senate
Collection of Contract
Documents
Representation
of MFA in Handbook Revision Process
Reports Regarding
Actions of the MFA Executive Board
Approval of Minutes
Task Force
on the Future of the Health Sciences
Nominations to Serve on University Committees
MFA Elections
Open Faculty
Meeting and Summer MFA Meetings
Status of the Governance
Document: Dr. Van Der Meulen
Revision of Grievance
Process
Adjournment
ATTENDANCE BY OFFICERS AND MEMBERS OF THE EXECUTIVE COMMITTEE:
President Robert Stellwagen present President-Elect Kathryn Challoner present Secretary Harvey Kaslow present Treasurer Wendy Mack present Past President Donna Shoupe present Member-at-Large Silvia Formenti Member-at-Large Loren Laine present Member-at-Large Laura Wachsman present
REPRESENTATION AT THE MEETING:
Anesthesiology Jim Daniel Biochemistry and Molecular Biology Robert Stellwagen Cell and Neurobiology Gene Albrecht Children's Hospital Arno Hohn Emergency Medicine Kathryn Challoner Family Medicine Jerry Gates Medicine Mohammad Akmal Molecular Microbiology and Immunology Axel Schönthal Neurological Surgery Neurology Norris Medical Library Alice Kawakami Obstetrics and Gynecology Donna Shoupe Ophthalmology Ronald Green Orthopedics Tom Hedman Otolaryngology Dennis O'Leary Pathology Leslie Khawli Pediatrics Laura Wachsman Physiology and Biophysics Herbert Meiselman Preventive Medicine Wendy Mack Psychiatry and Behavioral Sciences Henry Slucki Radiation Oncology Radiology Rancho Los Amigos Hospital Surgery Urology
The meeting was called to order at approximately noon by President Robert Stellwagen.
1. RESOLUTIONS OF THE GRADUATE AND PROFESSIONAL STUDENT SENATE.
Three Resolutions passed by the Graduate and Professional Student Senate of the University on March 3 were transmitted to President Stellwagen by email and were distributed. It is expected that the MFA will soon receive them by letter. The Resolutions state that the Provost has transgressed his authority by dismissing ISSM faculty members and unilaterally altering the contracts of the Basic Science Faculty of the School of Medicine. The resolutions call on the Provost to reinstate the faculty of ISSM, reinstate the contracts of the Basic Science Faculty, explain in writing by what authority he arrived at his decisions, and examine the rules and procedures for the governance of USC to determine whether they are sufficient to protect the fulfillment of the obligations of USC to its students and to society.
2. COLLECTION OF CONTRACT DOCUMENTS.
President Stellwagen said he was informed by Senior Associate Dean Leslie Bernstein that all School of Medicine faculty received the same basic contract document for a term of employment beginning January 1 and ending June 30, 1997. Henry Slucki made the point that the faculty of the School may have been treated differently than all other faculty of the University by the Administration and received contract documents with an altered Exhibit A. President Stellwagen will continue to collect contract documents and request information from the Provost's Office to shed light on this issue.
3. REPRESENTATION OF MFA IN FACULTY HANDBOOK REVISION PROCESS.
At the last MFA meeting Henry Slucki was elected to represent the MFA in the Faculty Handbook revision process. It has now become evident that the MFA was already represented by Silvia Formenti. Silvia will continue as the main representative with Henry acting as an alternate.
It is anticipated that the Academic Senate of the University will invite all faculty to attend its meeting in April for input regarding ratification of a revised handbook. It is likely the meeting will be held on April 16.
4. REPORTS REGARDING ACTIONS OF THE MFA EXECUTIVE BOARD.
4.1 Faculty access to information regarding restructuring and budgeting.
In a letter dated January 24 addressed to faculty, Dr. Ryan, Vice-President for Health Affairs and Dean of the School of Medicine, asked for faculty input into the planning of restructuring the School of Medicine and balancing its budget. In response, on February 12, President Stellwagen, on behalf of the MFA Executive Board (MFAEB), wrote Dr. Ryan requesting that he or his representative meet with the MFAEB to arrange access for the faculty to same information used by the Chairs and Dr. Ryan and his planning group in the planning and budgeting process. There was no response. On February 21 President Stellwagen sent another letter with the same message to Dr. Ryan. There was no response. On February 28 President Stellwagen faxed another letter with the same message to Dr. Ryan. On February 28 President Stellwagen received by fax a letter dated February 27, in which Dr. Ryan stated in part:
"Your February 12 letter also requests that I make available to the MFA and other faculty members for their review, all of the information evaluated by the School's administration in formulating the restructuring plan. While I encourage faculty participation in this process, I do not believe that it is appropriate to distribute the information you suggested. First, it would be premature for me to disclose any detailed information before the restructuring proposal is completed. Second, much of the information you demand is confidential and would invade the privacy of certain faculty members.. Finally, while I want to pursue a full and frank debate with respect to these issues, the current litigation initiated by some of the Basic Science faculty restricts my ability to do so.
"I will continue to make every effort to encourage meaningful faculty engagement in finalizing the Medical School's restructuring plan. I also will attempt to provide the faculty with the information they need to reasonably evaluate the plan once it is completed. However, I have a responsibility to ensure that certain financial and other proprietary information of the University and the School are protected."
In the letter, Dr. Ryan also indicated he would be pleased to meet with the MFA at a mutually convenient time.
The MFAEB will meet and consider what actions should be taken to gain access to information needed by faculty to participate in the planning and budgeting process. Copies of the above-mentioned letters were distributed to the MFA representatives.
4.2 Rules and procedures of the Appointments and Promotions Committee.
A letter was written, dated February 20, to be sent by President Stellwagen on behalf of the MFAEB to the members of the Appointments and Promotions Committee to inquire about apparent problems the Committee has experienced in evaluating appointments in a timely manner as previously reported in the minutes of the MFA. Senior Associate Dean Bernstein declined to provide to President Stellwagen the names of faculty serving on the Committee. President Stellwagen then provided copies of the letter to Dr. Bernstein and Dr. John Peters, Chair of the Committee, rather than to the individual members, and asked that they discuss the issue and respond. A copy of the letter was distributed.
There was discussion regarding the action of the Administration to keep the membership of this committee confidential. The question was raised regarding what policies are in place regarding disclosure of membership in committees in general. The issue of what information about committee membership is appropriate to keep confidential was not resolved, and the issue may be revisited. Dr. Stellwagen indicated he would request membership lists for all standing committees of the School from the Dean.
4.3 Faculty staffing of anatomy, microanatomy, and nutrition education.
A letter dated February 20, was sent by President Stellwagen on behalf of the MFAEB to the Chair and members of the Department of Cell and Neurobiology to inquire about apparent problems in the faculty staffing of anatomy, microanatomy, and nutrition instruction in the Year 1 curriculum. A copy of the letter was distributed. Faculty present from the Department indicated that replies to the letter are being prepared.
President-Elect Challoner, who sits on the Budget Advisory Committee, stated that at recent meeting of that committee it was stated that the costs to the Department of Cell and Neurobiology in hiring faculty in part to help staff educational activities may have exceeded the savings arising from the departure of several faculty from that department. The MFA then discussed statements made by Senior Associate Dean Dunnington that three new faculty would be hired into the Department to increase staffing and solve the problem. Interim Dean Van Der Meulen then arrived at the MFA meeting. He stated that the School had in place a "modified freeze" in hiring, that is, hiring could be done only if it could be demonstrated that it was required to fulfill a critical function. Dr. Van Der Meulen stated he was unaware of any plans to hire faculty into the Department of Cell and Neurobiology. The MFA representative from that Department, Dr. Albrecht, informed Dr. Van Der Meulen that the Chair of the Department, Dr. Craft, had announced at a recent Department meeting that she was planning to hire new faculty and had formed a search committee. Dr. Albrecht informed Dr. Van Der Meulen that no gross anatomists had been appointed to the search committee.
By voice vote with no objection or abstention, the minutes of the February 4, 1997 MFA meeting were approved as emailed out with a few minor corrections added by the Secretary.
6. TASK FORCE FOR THE FUTURE OF THE HEALTH SCIENCES.
The penultimate draft of the report of the Task Force was distributed. A final report is being prepared by the committee and will be considered by the University Academic Senate at its March 19 meeting. Comments on the report should be directed to Walter Wolf and Donna Shoupe, or a Senator.
7. NOMINATIONS TO SERVE ON UNIVERSITY COMMITTEES.
President Stellwagen distributed a list of University committees where faculty are needed and urged faculty to volunteer for service on these committees. Dr. Stellwagen requested that names of nominees be returned to him by March 17.
President Stellwagen explained that last year the University Senate office handled the balloting for MFA representatives. He explained that if the Senate office performs this task, then it will require an extra month more to conclude the election than if MFAEB conducts the election. It was decided to continue using the services of the Senate office.
A nominating committee consisting of the MFA President-elect Kathryn Challoner (committee chair), the MFA President Robert Stellwagen, and three volunteers was approved to identify candidates for the offices of the MFA for next year. The three members selected were : Henry Slucki, Jerry Gates, and Mohammad Akmal.
9. OPEN FACULTY MEETING AND SUMMER MEETINGS OF THE MFA.
The experience of the past two years suggests that it is quite likely it may be useful for the MFA to meet during the summer months. It was decided to schedule one MFA meeting per month on a year-round basis. If there is no need for the MFA to meet, then the meeting will be canceled. It is far easier to cancel a meeting then to schedule one on short notice.
The MFA holds two open faculty meetings each year. The next open meeting will likely be April 8 at 4 PM.
10. STATUS OF THE GOVERNANCE DOCUMENT.
Interim Dean Van Der Meulen had requested that this item be added to the agenda, and he was invited to address the MFA on this issue. Dr. Van Der Meulen stated that although faculty were acting as if the document labeled "Governance of the School of Medicine" was the legitimate governance document of the School, in fact the position of the Administration is that this document was never approved by the Central Administration or the Board of Trustees. He stated that the Administration believes the document is not completely consistent with University by-laws, and has not been followed in practice. He stated that it is the "feeling" of the Administration that the document needs to be revised to deal with these issues, and the document is not in effect during the period of time it is being revised. Dr. Van Der Meulen stated he thought the Provost was willing to work with the faculty as long as the faculty accepted this position. These remarks generated considerable heated discussion.
When asked if there was some other set of by-laws that would be in force if this document were declared not in force, Dr. Van Der Meulen said that there would be only the University by-laws and nothing specific for the School.
When asked if there were rules and procedures that govern how the University deals with the governance documents of schools in general, Dr. Van Der Meulen said that question would have to be directed to the Provost. Dr. Van Der Meulen reiterated that the Provost is willing to work with the faculty as long as it is agreed that the current document is not in force. Dr. Van Der Meulen stated that when he became Dean, he never considered the document to be a valid document.
Dr. Van Der Meulen was then informed that there was reason to believe that, in the 1991 accreditation process, the School had presented this document to the accreditation panel as the valid by-laws of the School. Faculty expressed concern that if the Administration voided the document, that this previous claim that the document was valid could be considered a misrepresentation. Faculty pointed out that another accreditation process is imminent. Dr. Van Der Meulen expressed the hope that a document would be ready by the time the School undergoes this accreditation. Dr. Van Der Meulen was then given the draft report regarding governance submitted by Drs. Dunnington and Bernstein to the Self-Study Committee preparing documents for the upcoming accreditation. This document makes no mention of the Governance Document, and does not list the MFA as a major active committee or body of the School. Dr. Van Der Meulen stated he had not seen the draft report. Dr. Van Der Meulen was informed that it was important for the faculty to know if this document truly reflected the viewpoint of the Administration regarding the governance of the School. The faculty need to know if they can rely on such documents as representing the position of the Administration in preparing materials involved in the accreditation process. Dr. Van Der Meulen said he would be happy to review the draft report and respond.
Dr. Van Der Meulen then indicated that portions of the Governance document might not be in accordance with University by-laws. For example, the President may not be accorded appropriate veto rights. He stated he did not favor the process contained in the document whereby recommendations from the MFA or FEC become policy in the absence of action by the Dean. Faculty explained why they favored these portions of the document. Faculty did not understand why these portions were not in accordance with University by-laws.
Faculty repeatedly requested that the Administration present to the faculty in writing the objections of the Administration to the document and present in writing a proposal regarding how the issue might be resolved.
The faculty then requested that Dr. Van Der Meulen cause the Administration to communicate in writing to the faculty about the rules and procedures of the University that apply to approval of governance documents of schools in general, and explain in writing to the faculty whether those rules and procedures had been followed or not followed in the specific case of the School of Medicine. When asked when the faculty might receive a written statement from the Administration on these issues, Dr. Van Der Meulen said he did not know if the Provost would be willing to do that. When asked how the faculty were to understand the position of the Administration without a written statement, Dr. Van Der Meulen said that he would write down what he thought the position was.
Faculty pointed out to Dr. Van Der Meulen that the MFA had already made its position clear regarding the Governance Document in MFA Recommendation 1996-97-004, which states, in part:
"The MFA strongly recommends to the FEC and to the Dean of the School of Medicine that any changes in the 1988 Governance Document be made in accordance with the specified procedures in the document and that the existing document be kept in force until such changes have been approved by all parties involved.
No formal action was taken by the MFA regarding the proposal from Dr. Van Der Meulen that the faculty agree to declare the document to not be in force. Recommendation 1996-97-004 remained the position of the MFA. Dr. Van Der Meulen said that he understood this Recommendation to be the position of the MFA and would communicate this position to the Provost.
11. REVISION OF GRIEVANCE PROCESS.
A copy of a proposed new grievance process for inclusion in the Faculty Handbook was distributed with suggested changes from Academic Senator Harvey Kaslow. The purpose of some of the changes was to block the legal theory that grievances should be dismissed if the grievance alleges that University actions or policies violate the law and there is no dispute regarding facts relevant to the case. These changes were generally agreed to. Other changes that would have allowed additional appeals by grievants of unfavorable decisions against the grievant were not agreed to. The MFA took no formal action, but the discussion informed those Senators that were present of the opinions of the faculty present.
At approximately 1:45 PM, the meeting was adjourned.