Repository: UIHistories Project: Board of Trustees Minutes - 1964 [PAGE 1212]

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1964]

UNIVERSITY OF ILLINOIS

1167

At its June 19, 1963, meeting the Board of Trustees received and referred to your Committee on General Policy for consideration and study the recommendations of the Senates and the Senate Coordinating Council for amendments in Sections 6, 38, and 39 of the existing University of Illinois Statutes. After reviewing the same with the President, the Committee found itself in substantial agreement with the Coordinating Council's proposals, but concluded that further discussion of certain portions was indicated. Thereafter, on the recommendation of your Committee, in November of 1963 the Board approved a procedure whereby the President was requested to arrange conferences between the Committee on General Policy, the President of the Board, the Chairman and one other member of each Senate Committee on Academic Freedom, the Chairman and Secretary of the Senate Coordinating Council, the President of the University and such staff consultants as he might designate. T w o such conferences were held, one on January 29, 1964, and the other on April 13, 1964, the date of this Report. The expressions were of material assistance to your Committee in formulating the recommendations contained in the Report which recommendations your Committee believes represent the consensus of the Conferees. Under Section 65 of the University Statutes, the modifications in the original proposals would be treated as statutory amendments proposed by the Board which require the advice of the Senates. Under these circumstances, and to provide maximum time for consideration by Senate members prior to their next meetings, your Committee is at this time filing this Report in summary form, together with its recommendations. It is anticipated that a detailed supplementary Report will be presented in due course. Your Committee strongly endorses and recommends the adoption of the statutory amendments as proposed by the Senate Coordinating Council, except for four paragraphs [Sections 38 (d), 38 (e) (7), 38 (e) (8), and 39 (b)] in which certain additions or deletions are being recommended in this Report. Section 38 (d) of the Council's revision defines due cause for dismissal and the modifications recommended by your Committee are intended to clarify that conduct clearly demonstrating professional incompetence or irresponsibility may constitute cause for dismissal, whether it occurs in the classroom laboratory, or elsewhere. Your Committee's proposals with respect to Section 38 (e) (7) are deemed to be a logical extension of matters in the record which the Board may consider in dismissal proceedings, and a further definition of the relevant factors to which the Board will give due consideration in designating the effective date of a dismissal. T h e modifications recommended by your Committee in Section 38 (e) (8) are based primarily on the advice from the Legal Counsel that state appropriations may not be expended as salaries to individuals who do not have an employment status and who do not perform personal services for the University. Substantial changes in Section 39 (b) are proposed by your Committee to create a more precise understanding that, when he speaks or writes, a faculty member should be mindful of the admonitions for accuracy, forthrightness, and dignity, but "if he fails to heed these admonitions on an occasion when he is exercising his freedom of speech as a citizen, such failure shall not, of itself constitute due cause for dismissal but, after consultation with the Faculty Advisory Committee, the President may take official cognizance of such failure." Accompanying this Report is an Appendix in which there is presented, in columnar form, the existing University Statutes, the revisions proposed therein by the Senate Coordinating Council, and (under the heading "Modification of Senates' Version Being Considered by Board Committee") the modifications in the four paragraphs of the Council's revision recommended by your Committee and summarized above. Accordingly, in line with the comments and recommendations in this Report, it is moved that the following resolution be adopted by the Board of Trustees of the University of Illinois : "Be It Resolved that the proposals for statutory revision as proposed by the Senate Coordinating Council and transmitted by the President on June 19, 1963, be tentatively approved, except as noted below, and "Be It Further Resolved that the recommendations of the Committee on General Policy of the Board of Trustees of the University of Illinois in its