Faculty Senate (2013 - 2014 minutes): 2013-05-10 meeting

2014·55.1 MB·English

by  George Washington University, Faculty Senate

THE GEORGE WASHINGTON UNIVERSITY
\- Washingon, D.C.
MINUTES OF THE REGULAR MEETING
OF THE FACULTY SENATE HELD ON
MAY 10, 2013IN THE STATE ROOM
Present: President k"pp, Registfaf Amundson and Patliamentafian charnovitz;
Deans Feuet, bttArruir, andJohnsonl Ptofessots Acquaviva' Briscoe'
Castlebetry, Cotdes, Costello, Downes, Gatris, HarinSon' Hawley'
Helge*, Iiitz, Lantz' Lindahi, Matotta-lalterc, McAleavey' McDonnell'
Newcomet, Parsons, Pulcini, Rehman, Roddis, Sidawy' Simon' Swaine'
Weiner, and Yezet
Absent: provost Lerman; Deans Akman, Battatt, Btown, Dolling, Eskandadan,
Guthrie, and Inierim Dean Maggs; Professors Btand-Ballard, Brazinsky,
Dickinson, Fairfax, Galston, liouson, Miller, Montague, Ptice, shesset,
Srinivas, Stott, Swier cz, an.d Williams
CALLTO ORDER
The meeting was called to otdet by Ptesident Knapp at 2:15 p'm
AP.PROVAL OF THE MINUTES
U
The minutes of the meeting held on April12, 2013 were approved as distdbuted'
President Krrpp inffoduced the following newly-elected and re-elected senate
members. Newly elected membets pfesent at the-meeting wete Ptof99s3-ts Ellen Costello'
Alexander Downes, Robert Hawley-R, oRbeebret cca Katz, Ftededck w. Lindahl, Karen McDorurell'
Pulcini, Kim Roddis, and Weiner. Professots Jefftey Bmnd-Ballatd' Mitiam
JGaobayslcseeto nnr., RLees-elilee cJtaecdo bmseomn,b Eerusg pernees eMnot n*t"a.g1u,e , MPictahsaaedl- Ssr.i nCivaastsle, baenrryd, CBhaattbleasn A M' LiGl'l eaur isw eJtre''
Kathryn Newcomet, Donald b. Prr.orrs, Scheherazade Rehman, and Gary Simon'
ptofessots Roger Fairfax, Matie Ptice, and James H. wiliPs were absent' Professot Steve
charnovitzwas fe-appointed as Parliame ntatiat fot the 2013'74 session'
For the benefit of the many new senate membets, President K"pp asked that
Executive Committee members introduce themselves'
CHANGE IN THE ORDER OF THE AGENDA
Ptofessor Rehman tequested and teceived the consent of the senate so that
Executive Vice President and tr.u.rr., Louis Katz could present his tepott as the next
item of business.
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Faculty Senate Minutes, May 10, 2013 PageZ
UPDATE ON THE UNIVERSITY BUDGET
Executive Vice President and Treasuret Katz prefaced his temarks by saying he
would provide the Senate with a pictute of the University's overall financial health as well as
discuss a number of issues about which very specific questions had been asked by membets
of the Senare Fiscal Planning and Budgeting Committee. Given the background of what
has been achieved over the last sevetal yeats, Vice President Katz said he thought it is
important for GW to stay the course and continue to imptove the institution duting this time
of opportunity, when many educational institutions have either slowed down ot even
stopped making progress. In some cases other institutions have actually gone backward.
Continuing to invest in improvements to the University also makes it sttonget and less
vulnerable to what is transpiring in the matketplace.
Vice President Katz first addtessed the issue of health care costs, which is an
important issue for the University fust as it is fot the U.S. Health care costs continue to
gow at a much faster pace than inflation, and total medical costs fot the Univetsity for
employees with health care coverage have increased 18%o ovetall in the last calend"t year.
The largest paft of this increase was due to some 50 claims from employees coveted undet
the Univercity's health care plans. Whether this is a one time event or whethet this will
continue, no ore knows for sure. The Univetsity health plan is basically one of self-
insurance with stop-loss covefage, and is administeted by a thitd pafty.
In tetms of overall Univetsity budget planning, the Univetsity assumes an inflation
rate of 3% with increases in allowance made for the same inctease in ftinge bene{its The
largest discretionary fringe benefit categories for the Univetsity are retitement benefits,
t eattt care, and tuition remission. If one component such as health care is growing at lSoh
(before national health care reforms come online) then cleatly adiustments need to be made
to ensure the long-term financial health of the institution. Last year, the ovetall incteased
cost to people coveted by the benefit plans was slightly less than 1070. That vaded
depending upon the plan an employee selected. Discussions ate currently underway with
thi Benefit. Adui.ory Committee and other constituencies on campus to explote proposals
the Administration will be putting forward for the benefit design fot 2074, along with ways in
which the L-Jniversity can moderate the effect of cost incteases on employees enrolled in
these plans.
Tuming next to capital projects, Vice Ptesident Katz explained that GW is
developing the campus within the outline of a twenty yeat 2007-2027 Campus Plan that
permiG th1 University to develop over one million square feet ovet the life of the Plan. If
7To/o ofthe buildout ii accomplished within the t'wenty year time ftame, the University will
tetain the tight to develop the remaining 300/o. If not, then the process of seeking
rcauthotization for additional square footage will need to be started over from scratch.
Thus far, the University has built out ot has approval for proiects in place fot
approximately one third of what the Campus Plan allows. Among proiects akeady
completed or underway are South Hall, the Science and Engineering Hall (SEH), the new
building for the School of Public Health and Health Services (SPHHS), and the Law
Learning Center (LLC). Squate 54 was also part of this. There ate several areas of campus
Facuky Senate Minutes, May 10' 201it Page 3
where additional squafe footage could be developed, such as the Academic Centet'
\-, Tompkins Hall, the telow-gradJ po*ion of the LLC and Staughton Hall' Specific ptoiects
wiU, of course, have to be loiked at in the context of the ovetall campus consttuction plan as
the Universiry works to build a sense of community at the same tirne it enhances academic
facilities.
Vice President Katz briefly reviewed some of the current proiects of intetest to the
campus community. The SPHH-S is on target fot its funding.o,,tr""" and the ovetall cost of
construction. It has been delayed by a couple of months fot several feasors, including
permitting issues and construction issues. The delay is of note because instead of stating
classes in the new building in the spting semester of 2014, they will be delayed until the
summet session.
The first phase of the LLC construction is now comPlete' This proiect came in over
budget and this was due to two factots: incteased scoPe of the ptoject and sorne unforeseen
beloLgrade issues discovered in the coufse of construction' Despite coming in somewhat
ovet budget, the proiect ovetall has been successful'
President KnrpP asked Vice President Katz to comment on the increased scoPe
issues. Vice president IGtz explained that in addition to the unfoteseen below-grade level
issues, the Law School asked iot additional amenities at the LLC, and it agreed to pay fot
additional items within the facility itself. This was agteed to by the Administtation.
Returning to the topic of other capital ptoiects, Vice Ptesident Y\aa mentioned the
GW Museum. Funding for the building will be ptovided through fundraising and debt.
\, During the design phr"I for the Museum the Univetsity discoveted it would actually be able
to build a building fifty percent latger than what was otiginally intended. Thete was also a
slight inctease in ihe size of the associated conservation center on the Virginia Science and
Te"chnology campus in Ashburn, virginia. President Krrrpp made the point that it is the
policy oitt. Boatd of Trustees to maximize the oppottunities for sites under
-any
i"u"iop*"nt. This is due to the limited space available o11the campus and the fact that it is
less er,pensive to do this at the outset than it is to build and then demolish and tebuild
University buildings. Vice PtesidentKatz agteed with this view of the Univetsity's sttategy
of taking adu^nt^{, of everything the Campus Plan allows. An example of this was to build
the SEti to the limit of allowed but io leave two of the upper floots unfinished for the
"p"".,
time being.
As to the financing of the Museum, Yice Ptesident Katz said the otiginal amount
booked ftom the Textile Museum was $25 million, of which $5 million would go toward the
Museum building. Another $5 million will come ftom funding ftom the Albert Small
Washingtoniana Ioilection, and anothet dotot has contributed $1million. Thus, the initial
gort oi$ll million has been met. Additional fundtaising that will include naming
ipport.rnities and the possibility that sale of the Textile Museum propetty may bring the
Uri r.t.ity more than istimated will also be factors in allowing the Univetsity to ptoceed
with a larget building than odginally contemplated. Vhile thete have been some
consttuction issues, parliculady *ith Crt"oran Flall, the Administtation is comfortable with
the ditection in which this proiect is going.
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Faculty Senate Miautes, MaY 10r 2013
with respect to the sEH, the largest prclject underway thus far, consttuction is
cutrently at grade level, and cufrently the-builiing is on time and on bud- get' The three
funding soufces for the ptoiect ,.*uin tevenues from Squate 54, incteased Inditect Cost
Recoveries from Resear"t, ,rrA fundraising. Because of the ovemll debt potfolio of the
University and the r.rtr.r"trring and lockirig in of fixed interest tates, the otiginal estimate
tt Sq..*. 54 would produce 6tSO *itUon in tevenue toward the $275 million ovetall SEH
co"stt has been revised upward to apptoximately $200 million. This leaves $75 million of the
otiginal estimate to be flnded fromlhe other two soutces. A total of $30 million has already
been taised for the sEH proiect, $7 million of which is for the building afld the remainder
for vadous pfogfa;n po"po""r. The Administtation continues to believe that the SEH
continues to be a rr"ry pro*ising ptoject for GW and that it will have a multiplier effect on
*^ry parts of the insiitution, no-t only ftom ptogfams that will occut thete' but from space
fte"d.rp fot new uses once the SEH is occupied'
With tespect to ovefall financial opetations, Vice Ptesident Katz said he had been
asked what would happen if in real t.r-i tuition no longer incteased' This is important
because GW is Ori,ion-dependent ifrstitution, with uboot 60oh of its revenues coming
from that source",. rI.fr yiu ition co.rld no longer increase in teal tems' and nothing was done to
help modetate that, it would mean thainothing in the budget should be incteasing mofe
than inflation. Of course, one funding .or1r"f that is presently addressing the issue of
Iinding new revenue sources is the worf of the Innovation Task Fotce (ITF)' It will take
decades of sound financial planning and management to continue improving the univetsity
and making it normative wilh its peer group' L ,, ex^ample, a cash gift of $1 billion would
reduce the Univet"irr,. arri,i,rr. dep.rr&rr". uy about-3ah..Tha1 *-ylv multiple soutces of
fevenue for the institirtion is such an impottant paft of moving the University forward'
Vice ptesident Katz next discussed the University's ctedit ratings and infotmation in
fating agency fepofts. Rating agencies have continued to fate the University with a positive'
stable outlook, and the instiiution's ratings have been retained even though the amount of
debt has risen. Rating agencies did nof, that the University has shtinkingdebt margins'
However, this is by design. The teasons margins ate shtinking is because of the increased
amount GW has been p"utting into student fi-nancial aid. This statted beginning in 2009'
btheacta uthsee yo vf itehwe tshtaiste a osf ath per uUd.eSn. te sctotantoemgyy ., rInfd aegl etnhcey criatctiunmgss taaren cteeasd' Ictl oisse alyls' oit imwipllo bttea nste einn
this time of opportunity for the UniversTty to invest in faculty-I nre ctuitment' gtowing tesearch'
and building new ucuilrmi, and student-related facilities. a cltmate where a numbet of
other very good educational institutions had been downgtaded, rating- agencies have n<lt
decided that GW's outlook is negative, which is the first thing that happens befote an
institution is considered for a downgtade'
Anothet issue is concefn about the amount of debt G\ilil is incutting and what might
happen if interest fates fise. Vice PtesidentKatz said that he thought that interest fates afe
ptobably at historical lows and each time GW has issued new bonds, interest rates have
continued to dtop. over apptoximately a 6 yeat petiod, the univetsity has moved ftom a
debt potfolio with 80% vaiible and ZO% nxed fates to a point whete.one hundted percent
of debt is now fixed. Thus, during this period of time, thi cost of capital has been teduced
from the mid-S% tange to'upproli* atity +.t%. This sttategy has removed alr enormous
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Faculty Senate Minutes, MaY 10, 2013
amouot of interest rate dsk, and the administration believes this is a prudent sffategT that
\-, should be continued.
VicePtesidentKatznextdiscussedreturnsftomtheUniversity,srealestatepottfolio
aGndW th.e eDffeucrti nogn tthhee elansdto wtemne ynet apfsa,y foeuttu. lnInsv ehsatvmee nbtass iicna rllcya lt aensgtaeted hfaros mbe e1n5 vtoer y2 0gooho do nfo at
compound basis. Par of this is due to the University's excellent location' Ovet the last 17
years since real estate fetufns have been specifically ttacked, the compound tate of retutn
has exceeded 18%. This is, of coutse, a significant soufce of tevenue fot the endowment'
Yice President Katz commented briefly on costs incurred in facility operating
experses. On an overall basis, University buildings (exctuding investment properties) cost
aonf faavceiflaitgiees $i9n cpleurd sinqgu alfaeb fooroatt otory o spp.atucer.' .w'Thhiacht icso fs tcso tmnobfien atthioann othf ea lal voef rtahgee d fiaffetete'n tO knin dasn
ovetall basis, these costs ate not to change dramatically' While the SEH will
significantly increase lab space, ov"e*rpa.lcl tseqdu afe footale in that facility utilized for labs will
othnolyu gtahkt et huep caopspt roofx it a^f .tp try" +. Oinot othofe thSeE bHu wiidoinugft. bAes l eas-ss itdhea nno $te9, pVeifc es qPuraefsei dfoeontt ' Kbaetcza ussaeid t hhee
building would be very enefgy efEcient and have a latge floorplate' which tends to bting
such costs down ti'a number of much smaller ftee-standing buildings' The tvro
chief funding sou"focerrsr-pthrra"ta w ill support increased costs in the SHEH are significant savings
identi{ied by the ITF in costs for leased space once the Hall is occupied' Two operations
that will be housed in the Hall will g.r,.rtt. leased costs savings of $2 million pef yeaf
which can be .r".Jro support operat;g costs' The other funding source is tevenue ftom
incteased inditect tecoveries from tesearch'
\-,
Anothet area about which questions have been asked is about administtative salary
costs. Since 2011- 12 ovetallsalaties, wages and fringe costs have incteased by an average of
7oh, Howevet insttuctional telated satZries increa"-ed 4oh dwing this pedod' and teseatch
related salaries decreased by 9%, Administrative services related salaries incteased by only
170 because this was the soutce of a significant amount of savings identified by the ITF'
Overall general administrative expenditit.. at GW telative to three of the Univetsiry's peet
instituti<lns were below the norm. These overall expenses have been tunning at
approxima tely 11o/o since 2009, and this is rate is expected to be in this genetal range going
forward. By conttact, the avetage and the median of GW't marketbasket schools is at 73o/''
This result was not achieved by accident, tathef it was by design, and part of the
Univetsiry's ovetall strategy to move the institution forwatd'
In response to questions about the FY 2014 Budget to be presented to the Boatd of
Trustees at its meeting the following week, Vice Ptesi dent Katz said he did not expect
anyone at the Senate m-eeting to b. ,irprisei by it as it has been discussed thtoughout the
year with members of the FpgS Committee' Th.tt afe new capital ptoiects' but the
pefcentage funding, i.e. how much is coming from operations and how much is coming
from reserv.", a"bi, and fundraising is pfetty consistent what has been done ovet the last
three years. One ,r.w pro|."t in thI buiget that everyone knows about akeady is the new
residence hall, now calied'Squate77. So[e have dub'bed it the supetdorm' This is a $130
million proiect, and it will be funded by debt. Most impoftant, this is.a self-suppofting
proiect because it will genefate housing ,.*'.rr,r", so it will not negatively impact the rest of
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Faculty Senate Minutes, May 10' 2013
the operating budget. continued investments will be made in academic pfograms overall' 1
paticulady in connection with the Sffategic Plan. Imptovements in sewices for students'
including career the counsetn! stuient health sewices will be made'
Additional service"sr *wi"i"llr ,a lso be providel f"oetn tsecth, ools and units in the fotm of Fluman
Runeisvoeursrcireys,s c lrieesnet aPrcahrt nceafpsa acnitdy .t eLsaelatltyc,h tahdem ITinFis tcfaotnotfisn uteos h teol pb ec otingtihntu oe nt htae tggreotw' Tthh uosf tfhaer
ovet $56 million has been iaentifiei in imptoved business practices and new program
fevenues.
For the benefit of those new to the Senate, President Ktupp explained that the $56
mcainll iosnpe fnigdu roen ii,t s,r optr ol.gr*r.atlmatsiv. eT,r aitn wshiltlJ pclt oivnitdoe aann neuqaul,iv taelecunrt rifniggu rfuen ydise ltdhiantg th1eY oU' niti vweorsuitldy
aasUommnmooivueuentnhttts i nhtirogay s .at hbnHae eete nnwa ddialoldc whenidorei tv.t nehhtdaa vtimn et"ho rare"e atte isqi reuies i oc nUkf ol9yrti1 hl ttbi hnoaignlnl i oiittah,ng ea. i2s o Variiig!iic siane ba bPolSetuec-tyos etimhdaeeirn n gotti rrKPnigeaain tffztar aola mf$l st6eoh0 ep nm oocstuiieltlleidtoud ntt hea a fnaitgd tu t htihttie'sse'
That was reached when the question lvas i'"t.alf there was a way in which to double the
endowment payout fathef th'an doubling the endowment itself, essentially achieving the
same result.
Discussion followed. Professot simon inquircd about the tuition discount rate fot
AftihnYias n2 fc0oi1ar3l - g1a4tia dcd odumiastcpeoa usrentudt drtaoet nep trfseo.vt iIotnhue sr ecysoeprnaoifnnssg.e vytieocae ta iP srt ee3qs8uoidehe sfnto trt oKu naptdzteo tr"geismdptdo uanadnet eedsx 'pt hIlata nti sat htliooewn a evot eftfh atahgnee
bdpcoeitsivrccweeoree uetdunn ti bt tiryhoa eunt ens ptifvilocaekrnre st rhii tio;y ;s .pte el asnoceauenwr cdw e thtoshi cretah htt heuge iutSri aoetrhnnaa ansnttete uo,e dVuse tinscfotiesdr . ia fr'iceovtesu" ia"dyltlee'y' a npri suHK yteah' taTzat d lsad:a e sidTdt u ltiidht"ea tintts qtG 'st Wh ote ufh tidathiisfoef e nagt efa(inxpace neidsd
dcoisuclodu bnet) awugilml teenmteadin iifh a. fa,"m-i"ly 's" ,n i.""rdgf i,n"c rtehaesy. ,a hreo w^e"v"edt,t -iit" w'lliyll nqout ableif ieredd'u Fceinda fnocti athl oasied
five years'
professot yezerasked what the estimated growth rate fot opefating costs will be ovet
tphoes nseibxtle f.iv Te hyiesa irss .i nV ilcinee P wteisthid etrhite Koa*tzr tsta idp othliacty i ro'"f tgaoi'n1 tias inkeinepg tah isb aalsa nccloesde btou dingfleatt iaotn thaes
university. If revenues (which include not only tuition but investment retufns) are
ptojected ,o gro* .i;;;,;t" i";e! then expenses cannot exceed that' vice President Katz
said he did not expect opefatlng costs to vary dtamatically ftom the 5o/o rate experienced
ovet the Past thtee to five Years'
foreseePabrolefe fsustuorre Y, eaznedr saadidde hde h aeg ttheoedu -gtthhotal etb ehinneea {tliththse cp af^oorerlimc cyuo wlsatistlil o wbnoe cuoolfdm bleiek nefaelyifd ityisn ccproeomaliscpeyl e faoxt't tHthheee
aUiBss enpknievreoedfv ritisasdi betAyod.du bvVt iyistc hotefrer yrP e ftecae ocsfamuidclmt.uynl tityt ctf oeo,nretr s F.(u1BlluttAam.1tCiav"n). . , pR'Pfeorsoionfeuterscsdeo srb sSy B_atbiflteein sSa, ecEnalalsitsetl etEbexseiptcroyun,t divaeend d Ct hGoamut pmfataict tuepltetye stioen npthtulyet
sise fvper oovnid tehdat tgor othuep. sIenn aadted itcioonm tmo ipttreoev idoinn g- Ainpfpootmintamtioenn t,t oS tahlea rBy,A aCn' dth Pe tsoammoet iionnfo rPmoalitcioiens
PageT
Faculty Senate Minutes, MaY 10r 2013
v (cionncvluerdsiantgio nFsr inhgavee B beeneenf ihtse)l d[A aSbPoPut] cchhaanitgeeds btoy tPhreo fbeesnseo{ri tGs pulpantas' fToro 2 d01a4te' hao wneuvmebt' eitt oisf
early in the planning year and infotmation-is still being collecied and analyzed fot t1n.e 2012
plan year. As tfratinformation becomes available, it iaU be provided to both the BAC and
the ASpp Committee. This was also done for all the benefit plan changes for 2013'
Professot Cotdes, Chair of the Fiscal Planning and Budgeting Committee' said that
the issue of the University's declining operating maigins was not the only one that credit
f4ting agencies pay attention to. GW',s tating this y.", *rt again stable, however' ovet the
past 2 or 3 yeats, a note of caution about the-se matgins and the potential impact on futufe
credit ratings going forward has ctept into rating ,g.t"y fepofts. one-cornment made by
Standard & Poots was that if GV's opefating f"'Iot-utt"e doesn't rebound to histotical
wstoteunldg)t hc oannsdi dfienta annc ioavl eteraslol ufitnceasn cdiaol npotot f"il*ep "mrio."fer" c. os(nigmneifnicsaunfat tge rowwitthh ,a t hnee gaagteivnec yo uctolouoldk (onro at
lower fating. Ptofessor cotdes asked vice Ptesid eflt Y:atz asked about some of the things
that were being looked to at least maintain the institution's operating margin and perhaps
expand it in future. Vice Ptesident Katz confirmed that operating margins are flot the only
tahciknngo wtlheadgt ef arhtien gin v"Jgs.tmrre"in.t"s bthaese U -nthiveeitt. iriuyd igI mmeanktisn go inn. f-in aonvceiaral lal,i dG awnd's p rfoagtirnagms gfetopwotfhts'
Faculty recruitment and the gfowth in research ate also both very important building blocks
fot the University. Certainly the agencies would ptefer fot operating Inafql^ls to imptove'
however, in tecent y.r6 GiV h"s fn"te"sed the amount of its debt by 30%' This is by
d."ign, it *r, done because it was possible to lock in the debt at histodcally low intetest
rate leve"l"s . This was disclosed to the rating agencies' The demand for bonds issued by G\V
has fepeatedly been ovetsubscribed, meariingithete wete mofe otders than bonds available'
\-, This is because Universiry debt is a very stabl asset fot institutions and companies to hold'
Professor Parsons said that one way the univetsity has been- dealing with the
operating margin problem fot the last sevetal yeats has b-een to cut back sharply on financial
aid fot entering undergmduate classes. Vice ilresid ent trtatz disagteed with this, saying that
on a percefltage discolnt basis that is not the case. However, the size of the undergraduate
classes has changed, and thus the absolute dollar amount appeafs to have changed'
Flowever, ,o individual, the Univetsity has not changed its stfategy' Senior Vice
Provost Maltz"m"a"hns aid that he expected the discount fate fot this yeat's incoming fteshmen
would be somewhete between 37.5 and 38oh, in line with the overall discount tate has been
fot the universiry. Ptofessor again asserted that the discount late was cut sharply fot the
last two entering classes, and asked for infotmation on the discount fate for the class of
2077. Vice Provost Maltzman said he thought the senior class and the juniot class had a
particulatly highet discount rate than is the case at present, however, this yea/s rate would
be approximately what the avetagehas been actoss the entire student body. There being no
rutttt.t discussion, the next item on the agenda was addressed'
RESOLUTION 1311, ('A RESOLUTION TO RECOMMEND ADOPTION OF 'IHE
SEXUAL HAIU{SSMAND SEXUAL VI O LEN CE POLI CY AND PRO CEDURE S,'
Professot chades Garis, chait of the committee on Ptofessional Ethics and
Academic Freedom, inttoduced Resolution 13/1. Befote commencing his feport' he
welcomed all of the new senatofs, noting that this meeting marked a histotic moment in
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Faculty Senate Minutes, MaY 10, 2013
that this was the first meeting attended by memb-ets of the tecently enlatged Senate'
professor Garris noted that, as set forth in A*icle IX, Section A. of the Faculty Code' ttre
sapoehcapdatrueirtveicfecadai-tp stiigoatoaontnetv u seoas rn fni fdnaat h cllrtiuechfree erd yr a of;.tl;lh re;t*.h "lo..etr.fsl ."tU htwienoi itvSrh,ee antt"hsanreit dte yp o .is"fn lrcAi ichU"e'oylnoro-si^vtl she"o Jtrfat s aniritoidyrml l e*dtinh ^eoiecrsfqi tsriUiai 'oenrndii ov-eSmnece tianssthkaiioteitynen grsiea s isas stp foftaoew nacwosctifihtnbo oagiltdlsi ett' y h,a Te faoch nroeq dn uer dfaeifetugli ctiuytat li lafvsooteo'tf
infotmation between the centtal Univetsity adminisuation and the schools'
with this as backgtound, Professot Gartis drew the attention of the Senate to his
Powerpoint fepoft (the Report is included with these minutes) and outlined why the
University needs , I;li"y on Se*ual llarassment & Sexual Violence' That reasoo was set
fonhinFacultySenateResolution04/3severalyeatsago'asfollows:
The Geotge washin$on univetsity reaffirms its commitment to maintaining a positive
csulimcha taes faob, il.irtuya ayn d* ip er*foorrmt aint cweh, iachnd i nadteiv firdeuea tlso pautefs iuued gihede irs oalcealyd eomn itce leanvad nwt ofatkctors'
activities i, ,r, ui-i.pt.r" that is free ftorn "o"riio, and intimidation' Sexual
}Iarassmentisinimicaltosuchanatmosphereandwillnotbetolerated,,
Senate Resolution 04/3]
[FacultY
Thefacultyhasuphetdthiscommitmentopenlyandthissentimenthasbeen
expressed in numetous resolutions. Neithet sexual hart"'*""t not sexual violence are
at the Univetsity and it will not be tolerated'
""I*ptrff"
TurningtoResolution|3/\beforetheSenate,PtofessotGatrissaidthePolicyitselfis
a gteatn,r*L.. of things had to be balanced to arive at a frnal
tdbpaeoothrcthseuo tms nec eoxinnum ta.tp lh Blheicaa aUsrtaiecrsradsi"l ml.byre e"ticnahatye u a sgcneood a mvl iwmolaeusnn ctioety p.L fei;,;s ;e*ynr t, ast aucllsdeoea nti mts, tpsatotaerfmtfa eonntt tf faothcrau ttlht yteh meP euomlnicibvyee rtr,os oi tayt c ahpniteoyv hoeibt htihteser
following obiectives:
1z.. EPntochoiubriat gsee xrueapl ohrtaintags somf seenx. urayl h,"ayra s'*sdmeenntt , bsetfaoftfe m ite mbebceotm, efasc usletyve mte eomt bpeerr,v aosf ivoeth;et
person in the University Community;
3. Identiff pefsons in the univ*riay ,i-inistration to whom incidents of sexual
hatassment may be tePorted;
4. Prohibit retaliation against pefsons who bring sexual hatassment complaints;
5. Assure to th; full exteflt consistent with the need to tesolve
compla"inotrsr noJf .srerxriu"attl ]h arassment appropriate'V.11d faidy;
6. Assute that allegations of sexurir,i*"r*ent will be ptomptly, thoroughly, and
impatiallyaddr"essedwithappropriatef|satdfottheinterestsofthepefsons
involved and ptinciples of fairness and due process;
. provide fot approprirt. action to te tak.n against pefsons who have
7 "orr."ti.re
engaged in sexual harassment'
professor Garis then gave an overyiew of the history of the development of the
Sexual [Iarassment Policy an-'l Procedures at GW as follows:
Page 9
Faculty Senate Minutes, MaY 10r 2013
\-, . December 11, 1998: The Faculty Senate endorsed the Interim Policy and Ptocedures
Governing sexual Harassment complaints and fecommended the formation of an ad
hoc committee to review the intetirnpolicy and procedutes and make
recommendations fot amendment; (98/5)
. December 11, 19g8 - Septembet 9, 2005, Interim Policy in effect Discussions
continued between adriinisttation, ad hoc committee, and PEAF.
. september g, 2005: Faculty Senate passes resolution 0-5/l which created a new sexual
flarassment Policy and Piocedut.s based on the wotk of a joint ad hoc committee
of faculty and administfation chatged with prepaing aptoposed new policy' Passed
by Board of Trustees.
Professor Gartis said that on Aptil 4, 2011, the office of civil Rights in the
Department of Education sent a "Deat Colleague Letter" to the Univetsity ptoviding
hatll1ent policiei. Subsequently: GW signed a lettet of
guidance on univetsity sexual
corisent in connection with a Z1llTitle IX tomplaint against GW. Bemreen May 20ll and
May 20L2 meetings between GW administfatofs and Department of Education attoflleys
tevealed inadequacies in curent G$r poficy acco_rding to ocR/DoE' Following these
meetings, on August 24, 2Ol2 the univetsity Administtation presented to the senate
Executive Committee a draft amended Sexual flatassment & Sexual Violence Policy &
Procedures with a fequest that the Executive Committee apPfove it on an interim basis fot
the Zll}Academic Y'ear. This dtaft was the ptoduct of an administrative wotking gfoup'
information concetning Title IX and th. "Dear Colleague" lettet can be found on
[Detailed
p"g". 2l through 26 of the Powerpoint rePort')
\-, As intetim apptoval of the Interim Policy was granted on an emergency basis by the
Executive Committee on behalf of the Senate .'"h action must be confirmed by the full
Faculty Senate at its next regular meeting," totdn Sep-tembet 14, 2012 the Faculty Senate
.,A TO CONFInU THE EXECUTM COMMITTEE'S
aaopt.a RESOLUTIONI-
EMERGENCY APPROVAL OF AN INTERIM UNIVERSITY SEXUAL HARASSMENT
frOltCy.', (12/3) Resolution 72/3 fvther provided that the Interim Policy apptoved fot the
2012-2ll3Academic Year would be reviewed by senate committees, after which it would be
transmitted to the full Senate for its The Executive Comrnittee forwarded the
"pprorrri.
policy to the Senate Committee on Proiessional Ethics and Academic Fteedom following
the Senate meeting with the fequest that it provide its tecommendations at the completion
ofits review process.
The following changes to the 2005 Policy were required pursuant to the "Dear
Colleague,, letter by-the Oflce of Civil Rights/DePartment of Education. These changes
were designed to:
1. Better convey the kinds of conduct that constitutes sexual harassment, including
sexual assault and other forms of sexual violencel
2. Clariff that [quiting the Pafties to mediate is not an option for tesolving sexual
assault comPlaints;
3. Ptovide pfocesses for both Parties, inctuding similat and timely access to
"q.rirrbl.
any information used at a hearing;
\-,
Page 10
Faculty Senate Minutes, MaY 10,2013
4. Designate teasonable but specific time ftarnes fot the maiot stages of the complaint'
Actions taken by PEAF during review of the Policy included rneetings with the
following members of it" Universityldministtation: Dt' Terri Reed' Yice Ptovost for
Diversiry and Inclusion; Mt. Richard Weitzner, Associate General Counsel; Dt' Dianne
Martin, Vice ptovost for Faculty Affairs; Mt. iatrell L' Datnell, Seniot Associate Vice
president, Safery A iecurity; Mr. Tara W. Pereira, Deputy Title IX Cootdinator' The Policy
was also sent fof teview to a wide spectfum of the univetsity community with a tequest to
provide advice and analysis to PEAF'
The following individuals also provided r-eYlews. of the Policy to the PEAF: the
Commirtee on the S?rt,.rs of Women Faculty and Librarians; Natalie B' lVlilman' Associate
professot, GSEHD; iob Brady, Interim Dlectot of EEO OfEce; Ellen Dawson; Ptofessor'
School of Nursing; Lafud firhatrict<, Ptofessot, Law School; and Gregory Maggs'
professor, Law Sch-ool. Also consulted were Paul Peyset; Associate Prcfessot of Finance'
GWSB; Michael S.f-i rrrJlonathan Tutley, both Professots in the Law School; Joe Velez'
Of.irtiorN M""d;r, s"ho"l of Nursing; Cathlring williamson, Director' Distance
Education e fvfifitJry Progr.-.; and Art Witmarth, Professot, Law School'
Following completion of all of the reviews, the PEAF discussed all of the
recommerrdations ftom the teview process. On December 13, 2012, PEAF submitted to Dt'
Reed a list of 23 recommended changes. Dt' Reed ptovided the administtaOtivne rAesppotinls eI
which accepted 18 proposed changes ,id d."lirred 5 with explanations' .
April 11, PEAF suggested further changes, and on-{prit ie t1,,e Administtation declined
funher changes. ,f.-th. final step in thE pro"",'' PEAF.dtafted the current tesolution for
the Faculty Senate at its May 10' 2013 meeting'
fresentation"to
ProfessorGamisthengaveanoveryiewofthecomplaintpfo::ssinsexual
harassment and violence cases in the GW community of apptoximately 32'000 people' The
complaint piocess has been in effect since 1998. He aiso reviewed the fotmal hearing
processes employed for students, faculty, and staff which involve eithet a Heating Boatd
b(sytu tdheen Ftsl)u mora na SRpeescoiaulr cPeas nDele (pfoart tfmaceunlrtyi"paangd. sgt aofff tsheeleloctwede rbpyo liontt frreompo art.)p'o Tohl eof p1r8o cpeestsso nfost
faculty under t,.e Faculty Code i_s orttirr"6ion page 10, an&timelines for student=student
compiaints are outlined on page 11'
In conclusion, Ptofessor Gattis advised that the PEAF committee fecommends that
the revised rcag)(flAl. HARASSMENT AND SEXUAL VIOLENCE POLICY AND
PadRoOptCeEd DinU RitsE Se"n tsirheoruyl.d T bhee aCdoomptmedit teaes Ualnsiov enrostietyd ptho.li ciyo,l laon*idn gth, aats R eensuomluetrioatne d1 3in/1 tbhee
Resolution:
. An exptession of concern that the following elements ate lacking in the Policy:
a.ThepolicydoesnotcontainaprovisiontequiringtheUnivetsitytosend
written notices of the Policy and Ptocedutes at least annually to all Univcrsity
stakeholders (including faculty, staff, students and Patents of undetgraduate