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Meeting of the General Faculty and the Faculty Council

Friday, April 23rd 2004 at 3:00 pm

The Pleasants Family Assembly Room in Wilson Library

Chancellor James Moeser and Professor Judith Wegner, Chair of the Faculty, will preside


3:00 General Faculty and Faculty Council Convene

3:00 Presentation of the 2004 Thomas Jefferson Award

3:15 Memorial for Deceased Faculty

3:20 Introductory Remarks and Questions from the Floor: Chancellor Moeser

3:30 Resolution 2004-7 Amending the Faculty Code of University Government as it

  • Relates to Various Representatives of the Faculty    (Second Reading)
  • Professor Elizabeth Gibson, Chair, Faculty Committee on University Government.

3:35 Quality Enhancement Plan Component of the SACS Reaccreditation Study

  • Professor Bobbi Owen.

3:40 Faculty Forum Part I: Libraries and Educational Policy.

  • Library, particularly electronic resources: (Annual Report of the Administrative Board of the Library.) Professor Richard Pfaff.
  • Educational Policy, particularly summer reading and grading: (Annual Report of the Educational Policy Committee) Professor Peter Gordon.

4:15 Faculty Forum Part II:

  • Appointments, Promotions and Tenure, particularly departmental policies (Annual Report of the Committee on Appointments, Promotions and Tenure) Professor Gilbert White.
  • Faculty Welfare. (Annual Report of the Faculty Welfare Committee)
  • Professor Ed Halloran.

4:30 Faculty Forum Part III:

  • State of the Faculty Report and Discussion (including update on faculty retention study): Professor Wegner.
  • Faculty Assembly Delegation (Annual Report) Professor Wegner.

4:55 2004 Faculty Elections Results.

5:00 Adjourn.


Joseph S. Ferrell
Secretary of the Faculty


The General Faculty and Faculty Council of theUniversityofNorth CarolinaatChapel Hillconvened at3:00 the Pleasants Family Assembly Room of the Wilson Library. The following 46 members of the Council attended: Bachenheimer, Bouldin, Cairns, Daye, Elvers, Foley, Frampton, Gerber, Givre, Gollop, Granger, Kagarise, Kjervik, Klebanow, Kramer, Leonard, Lohr, McGraw, Miguel, Miller, Molina, Orthner, Owen, Pardun, Perelmuter, Perrin, Pittman, Reisner, Renner, Rippe, Rogers, Salmon, Sawin, Schauer, Shea, Simpson, Straughan, Strauss, Tobin, Toews, Tulloch, Vandermeer, Wallace, Willis, Wilson, and Winkler. The following 35 members were granted excused absences: Adimora, Ammerman, Anton, Bane, Bowen, Colindres, Conover, Elter, Gulledge, Heenan, Holditch-Davis, Howell, Langbauer, Leigh, Malizia, Martin, Mesibov, Morris-Natschke, Muller, Nicholas, Pisano,Poole,Porto, Rock, Rowan, Slavick, Jay Smith, John Smith, Tauchen, Vick, Watson, Weinberg, Yankaskas, and Yopp. The following 7 members were absence without excuse: Arnold, Bowen, Holmgren, Lin, Nonini, Parikh, and Wolford.

Chancellor Moeser opened the meeting by honoring the memory of members of the faculty who died in the past year. The faculty rose in silent tribute. See Appendix A.

Chancellor Moeser recognized the following previous recipients of the Thomas Jefferson Award who were present: Prof. Emeritus Eugen Merzbacher (1972), Prof. Emeritus Daniel Okun (1973), Prof. Emeritus Daniel Pollitt (1982), Prof. Emeritus Richard Richardson (1987), Prof. Emeritus John Sanders (1988), Prof. Frank Wilson (1992), Prof. James Peacock (1995), Prof. Charles Stone (2002), and Prof. Joseph Ferrell (2003).

Chancellor Moeser announced that the Committee on Honorary Degrees and Special Awards has chosen Charles Edward Daye, Henry P. Brandis Professor of Law, as the recipient of the 2004 Thomas Jefferson Award. Prof. John Charles Boger read the citation, and Prof. Daye responded. See Appendix B.

In his remarks, Chancellor Moeser said that faculty retention is the most important issue that he faces. He said that the issue has risen to the top of the agenda of the Board of Trustees and the Carolina First Campaign Steering Committee. He reviewed the success of the campaign to date in raising funding for faculty salaries and support funds.

Chancellor Moeser offered the following remarks directed at the intellectual climate of the university:

There continues to be discussion in the campus community in recent weeks on topics related to the compliance review being conducted by the U.S. Department of Education and the Office of Civil Rights. I know it is a challenge, at times, to balance the very fine line between protecting free speech on the one hand and the prevention of a hostile environment on the other. I also understand that the specter of this OCR review is of concern to many of you, both within and outside your classrooms, and that you are concerned that when you protect one person’s rights, another individual’s may somehow be harmed. I have great confidence in the ability of this academic community to parse that very difficult equation—to balance free speech and civil discourse—to give consideration to minorities in this campus whatever they may be—ethnic, cultural, social, political, religious—in a context of respectful civil discourse. I’m proud to say that is not only our tradition, but I think it is our practice. I think we are doing it well and I commend the faculty for the way you are comporting yourselves in a very difficult situation.

Prof. Noelle Granger observed that most of the efforts of the Carolina First Campaign in the area of faculty salaries and support appear to be directed toward rewarding what she characterized as “super stars” on the faculty. She wondered what is being done for rank and file faculty members who probably will not be rewarded with distinguished professorships or other special awards. Chancellor Moeser responded at some length, concluding by remarking that the main job of a leader is to keep hope alive. He assured the faculty that he is working on behalf of everyone, not just the favored few.

Prof. Andrew Perrin said that in his experience the faculty as a matter of course do balance the problems of free speech and those of a safe environment, especially in the social sciences and humanities, but that it seemed to him that the chancellor’s actions in the recent case arising from the English department did not strike that balance at all. He said that the administration’s response seems to regard the classroom as an extension of The Pit where any kind of ignorant behavior is protected. Chancellor Moeser rejected those characterizations and repeated his support for the way in which the English department had handled the incident. He said that there are appropriate ways to address inappropriate behavior and inappropriate ways to do so. In the case at hand, he felt that the means employed by the instructor were inappropriate.

Prof. Elizabeth Gibson, chair of the Faculty Committee on University Government, called up Resolution 2004-7 on second reading. The resolution, amending the Faculty Code, was adopted on first reading at the March 26 meeting of the General Faculty. The resolution was adopted on second reading without discussion and takes effect according to its terms. See Appendix C.

Prof. Bobbi Owen, Chair of the SACS Reaccreditation Task Force, briefed the Council on the Quality Enhancement Plan component pf the self-study. A summary of the plan is attached to these minutes.

Prof. Richard Pfaff, chair of the Administrative Board of the Library, presented the Board’s annual report, which is attached to these minutes.

Prof. Peter Gordon, chair of the Educational Policy Committee, presented the Committee’s annual report, which is attached to these minutes. There was lively discussion of the issue of grade inflation addressed in the report. At the conclusion of the discussion, Prof. Wegner, summarized the sense of the Council as follows:

  • Grade inflation is a matter warranting further review by the faculty.
  • The Dean of the College of Arts and Sciences is requested to (1) distribute a copy of the report of the Educational Policy Committee to each department chair, (2) provide department chairs with data complied by the University Registrar showing grade data by discipline, and (3) ask department chairs to reflect and report on the nature of grading patters and whether they believe action is warranted either within their discipline or at the university level.
  • TheAcademyofDistinguished Teaching Scholarsand the Center for Teaching and Learning are asked to produce updates on best practices relevant to issues involved in the grade inflation phenomenon.
  • The Educational Policy Committee is requested to consider and report on specific approaches to management of grading, such as reporting class rank, annotated transcripts, and other approaches.

Prof. Gilbert White, chair of the Committee on Appointments, Promotions, and Tenure, presented the committee’s annual report, which is attached to these minutes.

Prof. Edward Halloran, chair of the Faculty Welfare Committee, presented the committee’s annual report, which is attached to these minutes.

Prof. Wegner submitted the annual report of the Faculty Assembly Delegation by title. It is attached to these minutes.

Prof. Wegner gave a brief overview of the results of the faculty retention survey and said that a full report would be forthcoming in the fall.

Prof. Ferrell reported the results of the 2004 faculty elections. See Appendix D.

Appendix A

In Memoriam 2004

Elie Maynard Adams

Kenan Professor of Philosophy Emeritus; L.H.D., 1989 (Wake Forest University); Ph.D., 1948 (Harvard University); M.A., 1947 (Harvard University); B.D., 1944 (Colgate-Rochester Divinity School); A.M., 1944 (University of Richmond); A.B., 1931 (University of Richmond). Appointed September 1, 1948; died November 17, 2003.

John Bissell Carroll

William Rand Kenan Jr. Professor of Psychology Emeritus; Ph.D., 1941 (University of Minnesota; A.B., 1937 (Wesleyan University). Appointed 1974; diedJ uly 1, 2003.

Philip Palmer Green, Jr.

Albert Coates Professor of Public Law and Government Emeritus; J.D., 1949 (Harvard University); A.B., 1943 (Princeton University). Appointed 1949; diedAugust 9, 2003.

Dennis G. Hillenbrand

Clinical Associate Professor of Oral and Maxillofacial Surgery; D.D.S., 1964 (Loyola University of Chicago); B.S., 1960 (Loyola University of Chicago). Appointed July 1, 1988; died November 10, 2003.

Robert Galloway Kirkpatrick, Jr.

Associate Professor of English; Ph.D., 1967 (Harvard University); A.M., 1962 (Harvard University); A.B., 1961 (Erskine College and Seminary). Appointed September 1, 1967, died February 24, 2004.

Anders S. Lunde

Adjunct Professor of Biostatistics Emeritus; Ph.D., 1955 (Columbia University); M.A., 1947 (Columbia University); B.A., 1938 (St. Lawrence University). Appointed 1968; diedApril 4, 2004.

Pierre Morrell

Professor of Biochemistry and Biophysics; Ph.D., 1968 (Yeshiva University); A.B., 1963 (Columbia University). Appointed August 1, 1973; died July 15, 2003.

Jeffrey L. Obler

Associate Professor of Political Science; Ph.D., 1970 (UniversityofWisconsin-Madison); M.A., 1966 (UniversityofWisconsin); A.B., 1963 (New York University). Appointed February 1, 1968; died March 27, 2004.

Nelson Ferebee Taylor

Cary C. Boshamer Professor of Law Emeritus; Chancellor of the University of North Carolina at Chapel Hill (1972-1980); A.B., 1942 (The University of North Carolina at Chapel Hill); LL.B., 1949 (Harvard University); M.A., 1955 (Oxford University); LL.D., (The University of North Carolina at Chapel Hill, Duke University, Elon University). Appointed 1972; diedFebruary 25, 2004.

William Alexander White

Professor of Geology Emeritus; A.B., 1930 (DukeUniversity); A.M., 1931 (The University of North Carolina at Chapel Hill); M.S., 1934 (Montana School of Mines); Ph.D., 1938 (The University of North Carolina at Chapel Hill). Appointed 1944; died February 12, 2004.

Warren Jake Wicker

Gladys Hall Coates Professor of Public Law and Government Emeritus; M.A., 1951 (The University of North Carolina at Chapel Hill); A.B., 1948 (The University of North Carolina atChapel Hill). Appointed October 1, 1955; died June 25, 2003.

Marilyn V. Yarbrough

Professor of Law; J.D., 1973 (UniversityofCalifornia-Los Angeles); B.A., 1966 (Virginia State University). Appointed July 1, 1992; died March 10, 2004.

Appendix B



University of North Carolina at Chapel Hill

Friday, April 23, 2004

Charles Edward Daye, Henry P. Brandis Professor of Law, is the 2004 recipient of the Thomas Jefferson Award, bestowed annually upon a Carolinafaculty member whose personal influence, teaching, scholarship, and service best exemplify the ideals and objectives of Jefferson. Jeffersonwas a brilliant national leader, a sparkling presence on the young American scene, and thus our UNC award is most appropriate. .. but today, with a significant caveat: Charles Daye’s many virtues fit less the mold of the author of the Declaration of Independence than of his Virginia colleague, James Madison, to whom we largely owe the American Constitution. Madisoncomes to us, scholars Stanley Elkins & Eric McKitrick suggest, as “the man of sagacity and intelligence, of great learning in the realms of history and political science, who nevertheless does not insist upon himself. He is the quiet builder, mindful of men’s ideas and feelings, willing both to channel their energies and to allow them the credit. He is self-effacing, resourceful, and tireless, . . . It is thus James Madison who, almost in spite of himself, emerges as the chief architect of the United States Constitution.”[1]

Charles Daye has likewise played the role of “quiet builder” for thirty years, strengthening this University immensely while providing crucial national leadership to legal education through “resourceful and tireless” efforts. An honors graduate ofNorth CarolinaCentralUniversityand Columbia University School of Law, Daye clerked after graduation for Chief Judge Harry Phillips of the United States Court of Appeals for the Sixth Circuit before entering private practice with a distinguishedWashingtonlaw firm. Drawn to teaching and scholarship, Daye came toChapel Hill in 1975, where he began a brilliant academic career. Soon the lead author of one text, Housing and Community Development (3d. ed. 1999), that has become the national authority in its field, Daye later authored a second text, North Carolina Law of Torts (2d ed. 1999) which has achieved a similar reputation inNorth Carolinalegal circles. A gifted but demanding teacher, Daye has long been beloved by students for his “sagacity and great learning,” his enthusiasm for the law, and his unfailing respect for every student. Charles Daye is ever “mindful of men’s [and women’s] ideas and feelings.”

Daye’s life beyond scholarship has been marked, likeMadison’s, by extensive public service. Called early in his career to serve as Dean at North Carolina Central University School of Law, Daye returned to Chapel Hill in 1985 after four outstanding years as NCCU’s Dean. Repeatedly selected to chair key UNC Law School and University committees, Daye developed national expertise in one of higher education’s most crucial contemporary issues, student and faculty diversity. The list of those who sought his guidance grew long indeed, including theLawSchool(where he twice served as chair of a special Admissions Policy Committee), and the University (whose Affirmative Action Advisory Committee he chaired as well). National leadership lay ahead, for the Law School Admissions Council, which oversees the nation’s law school admissions policies, first named Daye to its Board of Trustees in 1988 and then designated him its President and spokesperson from 1991-1993. Faced with serious, nationwide legal challenges to affirmative action admissions policies in the mid-1990s, the Association of American Law Schools drafted Daye to serve on a special Diversity Task Force in 1999 and to a Joint Committee on Diversity in 2001. In 2003, Daye co­authored an amicus curiae brief that swelled the chorus of voices ultimately influencing the Supreme Court to preserve affirmative action in college and university admissions. Despite his fearless speech and his indispensable contributions, Daye remained throughout a “quiet builder,” willing for others to receive credit so long as the vital work was done.

Charles Daye’s extensive service has extended well beyond university circles into the wider community- Vice President of Legal Affairs for the North Carolina Academy of Trial Lawyers for two years; President of the North Carolina Association of Black Lawyers for three years; chair of the Board of Directors of the North Carolina Fair Housing Center for eight years; chair of the Board of Directors of the North Carolina Poverty Project for fourteen years; and chair of the Board of Trustees of the Triangle Housing Development Corporation for sixteen years. Plainly once a group experiences the leadership of Charles Daye-one who does “not insist upon himself’ but skillfully” channels the energies” of others toward important accomplishments and then “allows them the credit”-they never want to let him go.

Daye’s faculty colleagues at theSchoolofLawknow these qualities well. No voice brings more clarity to difficult faculty debates, no judgment is truer, no spirit quicker to ennoble petty disagreements by recalling the deeper principles that unite us all. Charles Daye is the soul of sagacity and good judgment, a perfect faculty colleague. And again likeMadison, whose spouse Dolley proved his lifelong counselor and inspiration, Charles Daye gratefully acknowledges the debt he owes his wife Norma, a gracious and constant stay and support.

While the visionaryJeffersongave us the Declaration of Independence, a document we dream by, it is the practical and determined Madison who managed to guide fifty-four querulous colleagues toward completion of the document we live by. IfCarolinahas no finer award than one named for Jefferson (notMadison), it is fully appropriate to bestow it today, for we have no finer colleague among us than Charles Edward Daye.

Prepared and delivered by Professor John Charles Boger


Remarks on the Occasion of Being Presented

The Thomas Jefferson Award

April 23, 2004


Charles E. Daye

Thank you, Jack.

Chair Wegner, Chancellor Moeser, Colleagues, Friends, Family:

This award is an amazing honor. I express my deepest and most profound appreciation to every person who has had a role in my selection for this award. When Chancellor Moeser told me of this honor, I found myself feeling an emotion with which I am not all that well acquainted—humility; and I found myself asking earnestly about my particular worthiness to receive this award.

What of humility? When I examined the list of prior recipients of this award and thought about its significance, I felt humility. For a black boy who grew up in rural Durham County, segregated and, though not poor, but certainly in very modest, circumstances, I felt humility reflecting on the great American social and political journey that has brought me to this award this day at the University of North Carolina at Chapel Hill, in the year that we celebrate the 50th Anniversary of the Supreme Court’s Brown v. Board of Education desegregation decision. I feel humility because I know I am a beneficiary of the labors of every person, of all races, who struggled that descendants of slaves should have a fair right to engage their God-given talents to the work of their times and their circumstances. Although I have tried to carry my equitable share of the burden, I know I did not get to this place today entirely by my individual efforts or works.

What about worthiness? I think of the great privilege we all have who are associated with this great University. I reflect on all the wonderful colleagues I have observed giving much and bringing progress and honor through teaching, service, and scholarship who rightly could claim that they too are worthy of an award made to a “member of the academic community who through personal influence and performance of duty in teaching, writing, and scholarship has best exemplified the ideals and objectives of Thomas Jefferson.” I would not need an overly keen sense of magnanimity to wonder what did I do that is so distinct as to be worthy when the most I have done is to try, like most everybody else does, to go about my chores every day with a keen awareness of the full measure of duty I owe in exchange for the privilege of being a faculty member at the University of North Carolina at Chapel Hill. Yet somebody observed what I was doing when I was not aware of the observation.

What could an observer have seen? If there is an overarching theme that unifies my work as a teacher, scholar, servant, it might be called a quest for justice. The philosopher John Rawls in his great work, A Theory of Justice, could create the hypothesis that persons who did not know the position in society they would occupy and who did not know what distribution of talents they would have, would set up a certain hierarchy of governing principles for that society. In working on what I believe the governing cherished ideals and principles are, or ought to be, I have two great passions – first, an abiding sense of a moral imperative to work for justice for all people, and second, a personal, even selfish, stake in pursing justice for all in the belief that a broader achievement of justice, inevitably will redound to the benefit of people who look like me. So, I have recognized a personal stake in justice in part because I do know the position American society historically has assigned to black people and frequently in disregard of talent. I want to note that members of my family are here – my wife, aunt, sisters and brother, son, daughter, son-in-law. In particular, sometime when I do work on justice issues I have in focus my two grandsons – Christopher and Corey – and an urge about the kind of society they will enter.   Christopher and Corey stand up so my colleagues can see “PaPa’s boys.”

My friends: today this award to me – born a Southern, rural, black child – in and of itself, attests to the enormous strides our society has made, our University has made, and that I personally have made. I am pleased and proud to accept it with great humility and a sense of unworthiness. However, because all of the work of justice for all people has not yet been done in society or here at Carolina, I also accept it with an understanding that if I work a few years more on justice, I can, at least retroactively, feel somewhat more worthy to have been a recipient of the Thomas Jefferson Award.

Thank you earnestly.

Appendix C

Resolution 2004-7. Amending the Faculty Code of University Government as it relates to various representatives of the faculty.

The General Faculty Council resolves:

Section 1.  Article 3 of the Faculty Code of University Government is amended to add the indicated language to the title and the following new sections:



§ 3-3.  The faculty marshal.  The faculty marshal is appointed by the chancellor from among the voting faculty for a renewable five-year term.  In making or renewing an appointment to this position, the chancellor shall seek the advice of the Advisory Committee.  The faculty marshal shall assist the chancellor in planning commencement ceremonies, the annual observance of University Day, and other University-wide academic convocations and ceremonies, and shall bear the marshal’s staff at the head of the academic procession on all such occasions.

§ 3-4.  The faculty athletics representative.  The faculty athletics representative is appointed by the chancellor from among the voting faculty for an indefinite term, subject to formal review at least every five years.  In making an appointment to this position or reviewing the incumbent, the chancellor shall follow a process established with the advice and consent of the Advisory Committee. The faculty athletics representative is the University’s voting delegate to the Atlantic Coast Conference and the University’s faculty representative within the National Collegiate Athletic Association. He or she shall make an annual report to the Faculty Council and shall make special reports to the Council from time to time as may be requested by the Agenda Committee.

§ 3-5.  Faculty Assembly delegation.  (a)  The delegation of the General Faculty to the Faculty Assembly of the University of North Carolina is composed of four members elected by the voting faculty and the chair of the faculty or the chair’s designee.  The chair of the faculty designates the chair of the delegation.  The Committee on University Government may amend the provisions of this paragraph with respect to the number of members of the delegation when required by a change in the number of members of the Faculty Assembly apportioned to the University. Such amendments shall be reported promptly to the secretary of the faculty and by him or her to the General Faculty.

(b)  The delegation represents the faculty of the University at the Faculty Assembly of the University of North Carolina and reports to the Faculty Council on matters of interest relating to the Faculty Assembly and actions taken by that body.

Section 2.  Sections 4-5 and 4-7 of the Faculty Code of University Government are amended as indicated, and section 4-12 is deleted:

§ 4-5.  Advisory Committee.  (a)  The Advisory Committee consists of nine elected members, the chair of the faculty, the secretary of the faculty, and the chair of the Committee on Appointments, Promotions, and Tenure.

(b)  The committee is advisory to the chancellor in any matter deemed important by the chancellor or the committee, and particularly with respect to:

(1)proposed amendments to the trustee policies and procedures governing academic tenure;

(2)review of school and departmental statements of criteria for appointment, promotion, and tenure;

(3)academic program planning and assessment;

(4)appointment of vice chancellors, deans, and other senior administrators; and

(5)recommendations for corrective action

(i)pursuant to a report of the Faculty Hearings Committee with respect to a decision not to reappoint a probationary-term faculty member, or

(ii)pursuant to a report of the Faculty Grievance Committee with respect to a decision not to promote to a higher rank a person holding permanent tenure at the rank of associate professor or assistant professor.; and

(6)appointment and renewal of appointment of the faculty marshal and appointment and review of the faculty athletics representative.

§ 4-7.  Faculty Athletics Committee.  (a)  The Faculty Athletics Committee consists of nine members elected by the voting faculty.  The voting delegate to the Atlantic Coast Conferencefaculty athletics representative, if not otherwise an elected member of the Faculty Athletics Committee, is an ex officio member of the committee.

(b)  The committee is concerned with informing the faculty and advising the chancellor on any aspect of athletics, including, but not limited to, the academic experience for varsity athletes, athletic opportunities for members of the University community, and the general conduct and operation of the University’s athletic program.

§  4-12.  [Reserved].  Faculty Assembly Delegation.  (a)  The delegation of the General Faculty to the Faculty Assembly of the University of North Carolina is composed of four members elected by the voting faculty and the chair of the faculty or the chair’s designee.  The chair of the faculty designates the chair of the delegation.  The Committee on University Government may amend the provisions of this paragraph with respect to the number of members of the delegation when required by a change in the number of members of the Faculty Assembly apportioned to the University.  Such  amendments shall be reported promptly to the secretary of the faculty and by him or her to the General Faculty.

(b)  The delegation represents the faculty of the University at the Faculty Assembly of the University of North Carolina and reports to the Faculty Council on matters of interest relating to the Faculty Assembly and actions taken by that body.

Section 3.  This Resolution shall become effective upon adoption.

Appendix D

2004 Elections Results

2004 Responders by Division

[1]Stanley Elkins & Eric McKitrick, The Age of Federalism: The EarlyAmericanRepublic, 1788-1800, at 79 (Oxford, 1993)


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