Skip redundant pieces

Handbook for Faculty and Other Unclassified Staff – 1986

Other Policies and Procedures

  1. Affirmative Action
  2. Financial Exigency
  3. Program Reviews
  4. Program Discontinuance
  5. Human Rights
  6. Sexual Harassment
  7. Confidentiality of Official Personnel Records
  8. Political Activity
  9. Campus Speakers
  10. Legislative Appearances And Committee Hearings
  11. Lobbying Regulations
  12. Alcohol Regulations
  13. Smoking Regulations
  14. Publications
Back to TopI.1 Affirmative Action

In December 1977, the Chancellor approved the latest Affirmative Action Plan for the University of Kansas, Lawrence Campus. The plan contains policies prohibiting adverse discrimination on the bases of sex, race, color, religion, ancestry, national origin, age as specified by law, disability, veteran status, sexual preference, parental status and marital status. Affirmative action to improve the status of minorities, women, persons with disabilities and Vietnam era veterans is set forth in the plan. Equal opportunity policies related to recruitment, selection, promotions, tenure, transfer and salary determinations for faculty, administrators and other unclassified staff are included in the plan. Grievance procedures for adverse discrimination, including sexual harassment, are also part of the plan appendices. The Affirmative Action Plan, procedures for implementing the plan and Affirmative Action Grievance Procedures are contained in The Affirmative Action Handbook.

An appointed Affirmative Action Board serves as a policy advisory body. The Director of the Office of Affirmative Action is responsible for implementing and administering the Affirmative Action Plan. The Office of Affirmative Action is located at 308 Strong Hall.

Back to TopI.2 Financial Exigency

The Board of Regents adopted the following policy on financial exigency in September 1979 (amended in 1983).

  1. Definition
    Financial exigency is the formal recognition by a Regents institution that known reductions in budget or authorized number of positions have required the elimination of non-tenured positions and operating expenditures to such a point that further reductions in these categories would seriously distort the academic programs of the institution; hence, further budget or position reductions would require the non-reappointment of tenured members of the faculty or the failure to meet the standards of notice for non-reappointment of faculty. It is not a requirement of financial exigency that all non-tenured positions throughout the University be first eliminated.
  2. Procedure
    It shall be the responsibility of the chief executive officer of each Regents institution, in conjunction with appropriate campus groups, to develop a plan for reductions in personnel as necessitated by conditions of financial exigency.

    In the event that financial conditions at a Regents institution may warrant the declaration of financial exigency, the chief executive officer shall notify the Board of Regents of that fact and shall provide a complete statement of the circumstances that may warrant the declaration of financial exigency. The statement shall also include a review of all reasonable alternatives to financial exigency. If the Board of Regents and the chief executive officer concur as to the existence of a financial exigency, it shall be the responsibility of the chief executive officer to so declare. It shall be the responsibility of the chief executive officer to review the financially exigent condition with the Board of Regents at such times and with such frequency as the Board may specify.

A statement of policy and procedures concerning financial exigency on the Lawrence campus was accepted by the Chancellor in December 1976 and was revised in December 1979 and April 1982. Financial exigency is a "condition, descriptive only of the University as a whole, a unique and compelling financial crisis that would jeopardize the ability of the University to maintain this position (as a quality institution of higher education) unless faculty positions are reduced by the release of one or more tenured faculty members other than 'for cause,' as defined in the. . .Handbook."

The procedures to be followed when a state of financial exigency is declared are found in Article VII of the Rules and Regulations of the University Senate.

Back to TopI.3 Program Reviews

Regents' Program Reviews, which began in 1983, follow the departmental structure of the institution and include all degree levels. Each department or division is scheduled for review once every five years. At the University of Kansas, Program Reviews are self-reviews by the departments involved.

To quote from the Board of Regents, the Program Review is designed to:

. . .enhance the ability of the Board of Regents to govern the institutions under its jurisdiction; increase the Board's knowledge and understanding of the programs conducted at its institutions in order to make informed decisions in an ever-changing environment; provide for the periodic and systemwide review of all programs at each Regents institution; and provide for additional self-study of all programs in order to improve management at the institutional level.

Back to TopI.4 Program Discontinuance

In 1983 the Board of Regents instructed the institutions under its direction to develop policies for academic program discontinuance. The University of Kansas then developed policies to be applied if an academic program is to be discontinued. These policies and procedures were formulated and approved by the University Senate, the Chancellor, and the Board of Regents in February 1984. They are published as Article VIII of the University Senate Rules and Regulations.

Back to TopI.5 Human Rights

A formal statement of the University's commitment to the furtherance of human rights was adopted by the University Senate on May 11, 1965. As amended on February 19, 1970, this statement reads as follows:

The University of Kansas, recognizing essential human dignity and the equality of all men, is dedicated to the principle that all benefits, privileges, and opportunities afforded by the University shall be accorded to each person -- student, faculty member, or employee -- according to...individual merits, accomplishments, and needs, and that no rights or benefits shall be denied to anyone by reason of race or creed or by reason of sex unless sex is a bona fide qualification. Furthermore, the University is pledged to the establishment of procedures necessary to ensure that no violation of these principles shall be present in its affairs and in keeping with the proud heritage of Kansas as a free state, the University of Kansas will lead the way in promoting equality of opportunity in every form.

In amplification of the original policy statement, the following directive was issued by the Chancellor on November 24, 1969:

This statement covers all areas of University activity. When groups of students are taken to other communities to speak, to perform, or to participate in any University-related activity, the school, department, or division involved must ascertain before accepting any such engagement that students will be treated with equal consideration in housing, meals, and every other aspect of the visitation. In case of any doubt, written assurance must be obtained from the community visited that the University's principles will be honored.

Back to TopI.6 Sexual Harassment

In April 1982, the Chancellor approved a policy prohibiting sexual harassment for the University of Kansas, Lawrence Campus. Specific grievance procedures to be used for allegations of sexual harassment have also been adopted. The policy and grievance procedures are contained in The Affirmative Action Handbook. The Office of Affirmative Action implements and administers this policy.

Back to TopI.7 Confidentiality of Official Personnel Records

Personnel records for faculty and other unclassified staff members are maintained by the various departments, divisions, and schools of the University and/or by the appropriate vice chancellor and university director. The Office of the Vice Chancellor for Academic Affairs maintains the official personnel records for all faculty members. Access to these records is governed by the following policy which appears as Article VII of the Rules and Regulations of the Faculty Senate.

Section 1.
Files and dossiers on individual faculty members are in general to be treated as confidential, with access limited to the individual concerned (except as provided in Section 3 of this Article); to those administrators and committees who are directly responsible for making individual staff decisions, such as reappointment, promotion, tenure, and salary; and to local, state, and federal officials specifically authorized by constitutionally valid law or regulations to have access to specified categories of information.
Section 2.
At the request of the faculty member, copies of any materials in his or her file (except as provided in Section 3 of this Article) shall be made available to other persons he or she designates. In the absence of such request, and subject to Sections 1 and 3 of this Article, materials in the file shall be made available to other persons seeking access only with the consent of the individual concerned, or as a consequence of a court order.
Section 3.
Maintenance of Confidential Files
7.3.1
A separate file may be maintained on a faculty member to which he or she may neither have nor authorize others to have access, because the materials it contains (such as letters of recommendation) were placed therein with a guarantee of confidentiality made or implied to the originators of such materials.
7.3.2
Whenever such a file is maintained, the faculty member shall be promptly notified of the existence of such a file and shall be provided a list of all materials contained in the file and of any additions made thereto, identified by approximate date, category of source, and type of subject matter.
7.3.3
Any materials placed in such a file shall be retained for a period of seven years. At that time the materials shall be destroyed, unless they are required for judicial proceedings or any relevant statute of limitations period has not expired. Before any materials are destroyed, the custodian of the file shall notify the faculty member of the impending action. If the faculty member and the custodian of the file agree, material may be retained in the file for a further specified period of time. If the faculty member and the custodian of the file do not agree on retention, either person may appeal to the Judicial Board.

Back to TopI.8 Political Activity

The Board of Regents has adopted the following statement of Policies and Procedures on Political Activity:

Faculty, administrators, and other unclassified personnel are eligible to accept any public or political party position which does not involve any conflict of interest and does not require substantial time away from assigned duties or in other respects infringe upon them. Such eligibility covers membership on a city commission, school board, planning group, and county, state and national party committees and like organizations, by either appointment or election.

The filing of a declaration of intent to become a candidate shall not affect the status or appointment of an unclassified member of a college or university staff; provided, however, such person at all times while a candidate shall properly and fully perform all of his or her assigned duties; provided further, however, that should such person while he or she is a candidate fail to perform all of his or her assigned duties, such person shall not receive any salary or benefits from the date of filing for office.

Leave without salary or other benefits will be granted to those elected to public office requiring full-tine or lengthy sustained periods away from assigned duties, such as Congress, the State Legislature, and state and county offices or appointments to office falling within this category; effective, as to a person elected or appointed to Congress or the State Legislature, from the date such person takes the Oath of Office or the first day of the Legislative session and continuing until the adjournment of Congress or to a date no sooner than the last adjournment in April or sine die adjournment, whichever occurs first, of each regular and special session of the State Legislature; effective, as to other state and county offices, during the entire time a person serves as such officer. Leave without salary or other benefits shall not be required for any person serving in the State Legislature for service on any committee during a period when the Legislature is not in regular or special session, provided that such person shall decline to accept all legislative compensation for such service, but shall be entitled to such mileage and other expense allowances as provided by statute and paid by the Legislature.

In the interest of the fullest participation in public affairs, personnel are free to express opinions speaking or writing as an individual in signed advertisements, pamphlets and related material in support of or opposition to parties and causes. There will be the commensurate responsibility of making plain that each person so doing is acting for himself and not in behalf of an institution supported by tax funds drawn from citizens of varying political and economic views.

a. Regents Policy on Use of Campus Facilities for Political Activity

State facilities are not available for fund-raising events for candidates or parties. The Board of Regents policy states that:

Facilities of institutions under the Board of Regents may be made available for the purpose of holding political meetings, provided there is no interference with regularly scheduled functions, there is not otherwise available a reasonable facility in the community, students are permitted to hear the speakers without charge and sponsors pay in advance the regular fees for use of the facilities.

Political office holders and candidates shall not be introduced or recognized on campus unless they are participating in the campus event which they are attending. The distribution of handbills shall be prohibited in those areas devoted primarily to instruction or study or at the immediate sites and times of enclosed public events.

Back to TopI.9 Campus Speakers

The University Senate adopted the following policy statement concerning campus speakers on May 14, 1963:

Free trade in ideas is the fundamental operating principle of our democratic society. It would be expected, therefore, that every educational institution would support that principle. Such support, while only to be expected of educational institutions generally, becomes, however, in the case of the University of Kansas, mandatory. Precisely because the University is a public educational institution, a branch of the organized political force of a democratic society, it is incumbent on the University not merely to support but indeed to foster the fundamental principles of that society. So the University of Kansas must, at all times, make of itself a competitive marketplace for the free interchange of ideas.

The assembly places of the University must, therefore, be open to any properly invited speaker who comes to persuade by the expression of ideas. Only the speaker who would use the free expression of ideas in such a manner as to incite immediate riot or rebellion could reasonably be excluded.

In opening its doors to any performer or speaker thus sponsored, the University in no way places any official stamp of approval on the quality of the performance or the reasonableness of the ideas expressed. Since, however, the University will be inevitably associated with that quality of performance or reasonableness of ideas, the University should be able to expect that the freedom of the sponsoring agency will be accompanied, as any freedom must, by a corresponding responsibility, to the end that the University will not be made a refuge for intentional violators of public or private law.

Over the years, the University of Kansas has generally operated in accordance with the principles stated above and, thereby, provided a setting for a wide variety of voluntary and officially sponsored forums, speeches, and performances. It is the hope of the Senate that affirmation of these principles may further strengthen the University's zealous dedication to them in the future.

Back to TopI.10 Legislative Appearances and Committee Hearings

The Board of Regents policy on legislative appearances and committee hearings is as follows:

Legislative Committees quite often request faculty and administrators for expert testimony on proposed legislation which may or may not affect the Regents and higher education. Faculty and administrators should make every effort to accommodate such requests; They should also notify the Executive Officer of the Board as to the invitation in order that the Board Office may be aware of such appearances.

Back to TopI.11 Lobbying Regulations

Recently enacted legislation considerably tightens state control over lobbying activities. Any faculty efforts to support or oppose either legislation or regulatory action which tie the identity of the faculty member to the University should be carried out only after consultation with the General Counsel's office. All expenditures made to entertain, or otherwise influence, legislators or other state officials should be reported before the fact to the University's registered agent (currently the Director of the Alumni Association) and to the Chancellor's Office.

Back to TopI.12 Alcohol Regulations

The consumption of alcoholic liquor on the campus of the University of Kansas is prohibited by State Statute except under special circumstances provided by law. The sale of cereal malt beverages to individuals is restricted to licensed spaces in the Kansas Union and the Burge Union. Cereal malt beverages may also be served at group events which are held in the Unions and which are approved by the University Events Committee. Cereal malt beverage may not be consumed in educational buildings or in University housing facilities.

At all times, the marketing, sale, and consumption of cereal malt beverages must be accomplished in a manner to insure compliance with State Statutes and Regulations.

The Division of Student Affairs will provide information and services regarding alcohol education and abuse prevention programs. Violations of State law and/or University policy will be handled in accordance with applicable law enforcement or University disciplinary procedures.

Back to TopI.13 Smoking Regulations

The official policy on smoking in nonresidential buildings on the Lawrence campus was developed as a result of the action of the University Council on February 28, 1974. The policy approved by the Chancellor is as follows:

Smoking shall be permitted only in:
  1. Offices
  2. Corridors and restrooms not covered with carpeting
  3. Areas set aside for food service and food consumption, except those designated as non-seeking areas
  4. Seminar rooms, provided no member of the seminar voices objection, and provided further that adequate ash and butt receptacles are available.

The following statements were issued by the Executive Vice Chancellor on September 22, 1975 (amended in 1986) to clarify some aspects of this policy:

  1. Smoking is not permitted in the Robinson Facility, Hoch Auditorium, Wescoe auditoriums and the other auditoriums on campus during any classes or public assemblies, including concerts. For Hoch Auditorium, of course, the safety factor is a major consideration. Smoking in these areas is permitted only in the "outer lobbies."
  2. For Allen Field House, smoking is permitted only in the outer lobby areas.
  3. In classrooms, seeking is not permitted under any circumstances except as delineated in item (4) below.
  4. Smoking is permitted in small classes and seminars (under 15 in enrollment) provided that no member of the seminar voices objection and provided that adequate ashtrays are available and used.

All members of the University community are expected to observe this policy and to respect the rights of non-smokers as well as the rights of smokers.

Back to TopI.14 Publications

The Rules and Regulations of the University Senate (4.1.1) stipulates that:

Any publication funded through or produced by a University agency is the responsibility of the editor of the publication. Such editor bears full civil and criminal responsibility for the form and content of the publication. Each such publication est identify the responsible editor.

In this regulation, the term "editor" means the person, board, or other agency which determines the form and content of the publication.