Recommendations and Comments on
Proposed Regulation Changes Affecting Faculty
Constitution Committee
November 12, 2010
The Constitution Committee has reviewed the proposed regulation changes that will be noticed for November public hearings and makes the following recommendations. The Committee has adopted a color-coded key for easily identifying the regulation changes that it feels need further consideration.
• Red – These regulation changes have elements that many faculty members might disapprove or deem to be controversial and, therefore, should be given thoughtful consideration by all.
• Yellow – These regulation changes have elements that concern a limited group of faculty and we recommend that those faculty examine the rule changes closely and express their views both to the Senate and to the administration through the public hearings if they feel it is appropriate.
• Green – These regulation changes had some impact on faculty but generally made only stylistic or technical changes.
Caveat: while the Constitution Committee has attempted to review every regulation in light of its
potential impact on faculty, we are only a small group with limited knowledge of the specific workings of every aspect of the University. Our recommendations should not substitute for individual examination of each regulation change.
Summary of regulations in numeric order:
1.006 Red Non-Discrimination/Harassment/Invasion of Privacy Policies
4.040 Red Student Honor Code and Student Conduct Code; Philosophy and Definitions
4.041 Red Student Honor Code and Student Conduct Code; Scope and Violations
RED- There Regulations may require full Faculty Senate discussion and consideration.
1.006 The amended regulation affirms the university’s commitment to a broadly inclusive campus community by providing that discrimination on the basis of gender identity and expression is prohibited. In practice, the university has seen this basis as being within the general spirit of other existing prohibited bases; the amendment makes this prohibited basis explicit. The amendments affirm the University’s stance against harassment.
The regulation is also amended to clarify the prohibition against invasion of privacy through the making, using, disclosing or distributing of a recording of a person (whether visual or audio) in a location or situation in which that person has a reasonable expectation of privacy and is unaware of the recording or does not consent to it. It is not a violation to make a recording authorized by the Florida Sunshine Law, any other law, or University regulation or policy.
1.201 The amendment provides that faculty, TEAMS and USPS employees may be advanced up to six weeks of paid parental leave to be used in connection with the birth or adoption of a child under the guidelines set forth. Also the amendment conforms the regulation to existing practice that Hospitalists do not accrue vacation leave because the nature of their work and schedules regularly require them to have extended periods on duty to provide consistent care to patients and then to have extended periods off duty.
4.040 A definition of “recording” is added to clarify that any recording, audio, visual or both, using any technology is covered.
4.041 The Student Conduct Code is amended to prohibit actions that actually cause (and would cause a reasonable person) severe emotional distress. Video voyeurism is defined to prohibit such voyeurism without the consent of all individuals involved. The Student Conduct Code is also amended to clarify the prohibition against invasion of privacy through any making,using, disclosing or distributing of a recording of a person (whether visual or audio) in a location or situation in which that person has a reasonable expectation of privacy and is unaware of the recording or does not consent to it. It is not a violation to make a recording authorized by the Florida Sunshine Law, any other law, or University regulation or policy.
