University Senate
518/442-5406
e 1 Jtate University of New York at Albany
•
Administration 259, Albany, New York 12222
TO:
Kendall Birr, Chair
1985-86 university senate
July 23, 1986
I am happy to approve Bill No. 8586-17 which sets forth a
statement of ethics.
over the past couple of months I have been
designing a memorandum to the campus community which will announce
this policy and I have attached a copy for your information.
You
will see that I have placed this policy statement within the context
of our other policies dealing with such matters as sexual
harrassment and nepotism.
The latest Senate policy, I believe, is
most usefully interpreted if placed within the context of these
other policies.
I plan to release this material sometime in August.
Please let me know if you have any questions about this.
/1 \1~
vfncent O'Leary
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•
DRAFT
UNIVERSITY AT ALBANY
FACULTY STATEMENT OF ETHICS
Faculty members, as teachers, scholars, administrators, colleagues, and community
members, have special responsibilities by virtue of the diverse roles they assume in their
professional and personal lives. The following statement sets forth general principles.
intended to serve as a guide for faculty. as they fulfill their professional responsibilities.
Article I.
Article II.
Article III.
Article IV.
Faculty, guided by a deep conviction of the worth and dignity of the
advancement of knowledge, recognize the special responsibilities placed
upon them. Their primary responsibility to their subject is to seek and to
state the truth as they see it. To this end they devote their energies to
developing and improving their scholarly competencies. They accept the
obligation to exercise critical self-discipline and judgment in using,
extending, and transmitting knowledge. They practice intellectual
honesty. Although they may follow subsidiary interests, these interests
must never seriously hamper or compromise their freedom of inquiry.
As teachers, faculty encourage the free pursuit of learning in their
students. They hold before them the best scholarly standards of their
disciplines. They demonstrate respect for the student as an individual,
and adhere to their proper roles as intellectual guides and counselors.
They make every reasonable effort to foster honest academic conduct.
They respect the confidential nature of the relationship between professor
(
and student. They avoid any exploitation of students for private
advantage and acknowledge significant assistance from them. They
protect students• academic freedom. Evaluation of students and the
award of credit must be based on academic performance professionally
judged and not on matters irrelevant to that performance.
As colleagues, faculty have obligations that derive from common
membership in the community of scholars. They respect and defend the
free inquiry of their associates. In the exchange of criticism and ideas
they show due respect for the opinions of others. They acknowledge their
academic debts and strive to be objective in their professional judgment
of colleagues. They accept their share of faculty responsibilities for the
governance of their institutions.
As members of their community, faculty have the rights and obligations
of any citizens. They measure the urgency of these obligations in the
light of their responsibilities to their subjects, to their students, to their
professions, and to their institutions. When they speak or act as private
persons, they avoid creating the impression that they speak or act for
their colleges or universities. As citizens engaged in a profession that
depends upon freedom for its health and integrity, faculty have a
particular obligation to promote conditions of free inquiry and to further
public understanding of academic freedom.
(Adapted from the AAUP 1966 Statement on Professional Ethics and the 1970 Statement
•
of the Association's Council on Freedom and Responsibility. Adopted by the Senate of the
(
University at Albany on May 5, 1986.)
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POLICY ON SEXUAL HARASSMENT
The very nature of the relationship between faculty and students includes an element of
power held by faculty. Faculty are expected to acknowledge that fact and to respond
professionally. Given the diverse nature of today's university community, faculty also
should be sensitive to a variety of issues, including but not limited to: sexism, racism,
disability, amorous preference, ageism, life-style, and political or religious beliefs. At
the same time, f acuity are not expected to be all things to all people. Members of the
faculty should have a general knowledge of campus resources available to them, their
colleagues and their students, and then should willingly take advantage of those resources
when they are needed.
1.
University policy, as enunciated in President O'Leary's letter of January 22, 1981, to
the University community, prohibits sexual harassment in all aspects of campus life.
This policy is incorporated by reference into this document.
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---- - - - - - - -
2.
Relationships of an amorous nature that might be appropriate in other circumstances
may be problematic and may be unethical when they occur between a faculty member
and a student for whom a professional responsibility exists. Such relationships may
undermine the trust on which the educational process depends. Relationships of an
amorous nature between faculty and students, even when they occur outside the
instructional context, also may be problematic and may be unethical when there is
the possibility that the faculty member unexpectedly may be placed in a position of
professional responsibility for the student.
3.
Further, family relationships and relationships of a sexual nature between a faculty
member and a student for whom an instructional responsibility exists can present a
conflict of interests in violation of the New York Public Officers Law. The parties to
such relationships are urged to avoid direct teacher-student interaction. In every
such case the faculty member must arrange to be disengaged from the responsibility
of grading, evaluating, or approving the work of the student. Family relationships
and relationships of an amorous nature bet.ween members of the University
community can present a conflict of interests in violation of the New York Public
Officers Law whenever one party has any position of power over, or professional
responsibility for, the other. One party may not officially approve or recommend (or
vote on such approval or recommendation) the appointment, reappointment,
promotion, or salary adjustment of the other; nor may the one party evaluate the
performance of the other.
(Adopted by the Senate of the University at Albany on May 5, 1986.)
- 2 -
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Appendix to Sexual Harassment Policy
Harassment on the basis of sex is a violation of Section 703 of Title VII of the Civil Rights
Act of 1964. Sexual harassment has been defined in this section as:
"Unwelcomed sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature constitute sexual harassment when
(1) submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment, (2) submission to or rejection of such
conduct by an individual is used as the basis for employment decisions affecting
such individual, or (3) such conduct has the purpose or effect of unreasonably
interfering with an individuaPs work performance or creating an intimidating,
hostile, or offensive working environment."
The emphasis of the Equal Employment Opportunity Commission's definition of sexual
harassment is on employment. This institution's commitment, of course, applies equally
to all aspects of campus life, including the classroom and extracurricular activities. For
example, the University regulations published in the "Student Guidelines" for many years
have contained a prohibition against " ... harassment, intimidation, or invasion of privacy of
any person ... "
The University at Albany has long been dedicated to maintain and foster a fair, humane,
and supportive environment for all of its students and staff. Sexual harassment in any of
its forms has been and will continue to be considered a violation of policy and dealt with
under the procedures which have been established. Any violation of those policies should
be brought to the attention of the Affirmative Action Office immediately.
However, we are concerned with more than simply meeting the letter of the law or
observing the technical requirements of employment regulations. At issue here is
fundamental respect for the dignity of every person in the University. We want to engage
the energy and good will of this campus to create the kind of environment that enriches
the lives of all. This requires the commitment of everyone. Perhaps the most common
form of harassment are verbal characterizations which are demeaning. In many instances
these are the result of habit and not intended to intimidate, but it is our responsibility to
make ourselves more aware of the effects of these and other types of behavior on others.
(Excerpted from a letter by President O'Leary to the University Community dated
January 22, 1981.)
- 3 -
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POLICY ON NEPOTISM
Federal laws under which federal funds are made available to the University contain
specific requirements for the administration of these funds in order to preclude "conflict
of interest" practices, that is, practices where there seems to be evidence that .
responsible officials have afforded their relatives preferential treatment in hiring and
promotion. Federal and State EEO and Affirmative Action laws also prohibit
discriminating practices. This policy is established to strike a balance between preventing
preferential treatment and yet not discriminating against applicants or employees based
solely upon marital or blood relationships.
1.
University policy does not preclude the employment of two or more members of the
same family. However, an employee of the University may not officially approve nor
recommend the appointment, reappointment, promotion, or salary adjustment of a
relative.
2,
Where a search process results in the nomination of a candidate who is a relative of a
person in the administrative chain, the proposed appointment, with full
documentation supporting the proposal, must be passed for action to the next
administrative level above the official who is a relative. The responsible official at
this next level will forward the proposal, with recommendations, through channels to
one of the following:
(a) to the Research Council for all research and teaching positions (whether funded
by State or non-State sources), including all positions supported by an external
grant or located in a research center;
(b) ta the Classification Committee for all other non-research, non-teaching
positions (State-funded, UAS, etc.);
(c) to the Council on Promotions and Continuing Appointments far any faculty case
requesting tenure.
3.
If employees find themselves responsible for the direct supervision of a member of
their own family, they must arrange with their supervisor for an appropriate means of
removing themselves from any process which evaluates or otherwise considers the
relative for reappointment, continuing appointment, promotion, or salary
adjustment. Further, supervisors will provide for independent verification of the
time and effort expended for the position.
(Issued by President O'Leary on May 1, 1979.)
- 4 -
•
State University of New York at Albany
•
•
Administration 259, Albany, New York 12222
May 8, 1986
M§MORANDUM
TO:
Vincent O'Leary
President
FROM:
Kendall Birr, Chair Lo2~ /J P ·
university Senate
1
~
Attached is a copy of each of the Bills listed
below, approved at the May 5, 1986 meeting of the
University Senate.
In accordance with our procedures, I am
submitting them to you for approval •
Bill No. 8586-11: Dual Master's Degree Program in
History and Public Affairs and Policy
Bill No. 8586-12: Certificate Program on Women
and Public Policy
Bill No. 8586-13: Certificate Program in Urban
Policy
Bill No. 8586-14: Revision of Criteria for
Graduation with Honors
Bill No. 8586-16: Adoption of Plus/Minus Grading
Bill No. 8586-19: Revision of Criteria for Dean's
List
Bill No. 8586-18: Dean's Commendation for
Part-Time students
Bill No. 8586-17: SUNYA Faculty Statement of
Ethics
University Senate
518/442-5400
(
(
(
...
Bill No. 8586-17
STATE UNIVERSITY OF NEW YORK AT ALBANY
UNIVERSITY SENATE
SUNYA FACULTY STATEMENT OF ETHICS
PROPOSED BY: council on Academic Freedom and Ethics
April 7, 1986
IT IS HEREBY PROPOSED:
I. That the senate approve the attached statement.
II. That the statement be forwarded to the President for approval.
•
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SONYA FACULTY STATEMENT OF ETHICS
Introduction
Faculty members, as teachers, scholars, administrators, colleagues and
community rne.mbers, have special responsibilities by virtue of the diverse
roles they assume in their professional and personal lives.
The following
statement sets forth general principles intended to serve as a guide for
faculty as they fulfill their professional responsibilities.
PART A
(Articles I through IV are adapted from the A.A.U.P. 1966 Statement on
Professional Ethics and the 1970 Statement of the Association's Council on
Freedom and Responsibility.
This adaptation reflects gender-neutral
conventions of modern English language usage.)
Article I.
Faculty, guided by a deep conviction of the worth and dignity of
the advancement of knowledge, recognize the special
responsibilities placed upon them.
Their primary responsibility
to their subject is to seek and to state the truth as they see
it. To this end they devote their energies to developing and
improving their scholarly competencies.
They accept the
obligation to exercise critical self-discipline and judgment in
using, extending, and transmitting knowledge.
They practice
intellectual honesty.
Although they may follow subsidiary
interests, these interests must never seriously hamper or
compromise their freedom of inquiry.
Article II.
As teachers, faculty encourage the free pursuit of learning in
their students.
They hold before them the best scholarly
standards of their disciplines.
They demonstrate respect for the
student as an individual, and adhere to their proper roles as
intellectual guides and counselors.
They make every reasonable
effort to foster honest academic conduct.
They respect the
confidential nature of the relationship between professor and
student.
They avoid any exploitation of students for private
advantage and acknowledge significant assistance from them.
They
protect students' academic freedom.
Evaluation of students and
the award of credit must be based on academic performance
professionally judged and not on matters irrelevant to that
performance.
Article III. As colleagues, faculty have obligations that derive from common
membership in the community of scholars.
They respect and defend
the free inquiry of their associates.
In the exchange of
criticism and ideas they show due respect for the opinions of
others. They acknowledge their academic debts and strive to be
objective in their professional judgment of colleagues.
They
accept their share of faculty responsibilities for the governance
of their institutions.
(·
(
(
..
. SUNYA
Faculty Statement of Ethics
1page 2
Article IV.
Article v.
As members of their community, faculty have the rights and
obligations of any citizens. They measure the urgency of these
obligations in the light of their responsibilities to their
subjects, to their students, to their professions, and to their
institutions.
When they speak or act as private persons they
avoid creating the impression that they speak or act for their
colleges or universities.
As citizens engaged in a profession
that depends upon freedom for its health and integrity, faculty
have a particular obligation to promote conditions of free
inquiry and to further public understanding of academic freedom.
PART B
The very nature of the relationship between faculty and students
---------1nc-ludes-an-el-ement-of-p0wer-he-ld-by-taGu-l-t-y-.-FaGu-l-t-y~ar--e--------------
expected to acknowledge that fact and to respond
professionally. Given the diverse nature of today's university
community, faculty also should be sensitive to a variety of
issues, including but not limited to: sexism, racism,
disability, amorous preference, ageism, lifestyle, and political
or religious beliefs.
At the same time, faculty are not
expected to be all things to all people.
Members of the faculty
should have a general knowledge of campus resources available to
them, their colleagues and their students, and then should
willingly take advantage of those resources when they are needed.
Article VI.
University policy, as enunciated in President O'Leary's letter
of January 22, 1981, to the University community, prohibits
sexual harassment in all aspects of campus life. This policy is
incorporated by reference into this document.
Article VII.
Relationships of an amorous nature that might be appropriate in
other circumstances may be problematic and may be unethical when
they occur between a faculty member and a student for whom a
professional responsibility exists.
such relationships may
undermine the trust on which the educational process depends.
Relationships of an amorous nature between faculty and students,
even when they occur outside the instructional context, also may
be problematic and may be unethical when there is the
possibility that the faculty member unexpectedly may be placed
in a position of professional responsibility for the student.·
Further, family relationships and relationships of a sexual
nature between a faculty member and a student for whom an
instructional responsibility exists can present a conflict of
interests in violation of the New York Public Officers Law.
The
parties to such relationships are urged to avoid direct
teacher-student interaction. In every such case the faculty
..
•
•
•
SUNYA Faculty Statement of Ethics
Page 3
member must arrange to be disengaged from the responsibility of
grading, evaluating, or approving the work of the student.
Family relationships and relationships of an amorous nature
between members of the university community can present a
conflict of interests in violation of the New York Public
Officers Law whenever one party has any position of power over,
or professional responsibility for, the other.
One party may
not officially approve or recommend (or vote on such approval or
recommendation) the appointment, reappointment, promotion, or
salary adjustment of the other; nor may the one party evaluate
the performance of the other.
(,
(
(
•
OP'P'IC[ OP' THlt ftAESIDltNT
STATE UNIVERSITY OF NEW YORK
AT ALBANY
January ZZ, 1981
TO:
The University Community
AL.ANY, N,Y. 1aaa2
In November 1980, the United States Equal Employment Oppor-
tunity Commission published its guidelines in the Federal Register
with respect to sexual harassment in the work place.
Under these
guidelines, this University is charged with the responsibility to
increase its efforts to ensure that sexual harassment in any of
its forms does not exist in this institution.
Harassment on the
basis of sex is a violation of Section 703 of Title VII of the
Civil Rights ·Act of 1964.
Sexual harassment has been defined in
this section as:
"Unwelcomed sexual advances, requests for s·exual favors,
and other verbal or physical conduct of a sexual nature
constitute sexual harassment when (1) submission to such
conduct is made either explicitly or implicitly a term
or condition of an individual's employment, (2) submis-
sion to or rejection of such conduct by an individual
is used as the basis for employment decisions affecting
such individual, or (3) such conduct has the purpose or
effect of unreasonably interfering with an individual's
work performance or creating an intimidating, hostile,
or offensive working environment."
The emphasis of the Equal Employment Opportunity Commission's
definition of sexual harassment is on employment.
This institu-
tion's commitment, of course, applies equally to all aspects of
campus life, including the classroom and extracurricular activi-
ties.
For example, 'the University regulations published in the
"Student Guidelines" for many years have contained a prohibition
against " ... harassment, ini timida tion, or invasion of privacy of
any person ... "
The University at Albany has long been dedicated to maintain
and foster a fair, humane, and responsible environment for all of
its students and staff.
Sexual harassment has been and will con-
tinue to be considered a violation of policy and dealt with under
the procedures which have been established.
Any violation of those
policies should be brought to the attention of the Affirmative
Action Office immediately.
,
I.J
•
•
•
The University Community
January 22, 1981
Page 2
However, we are concerned with more than simply meeting the
letter of the law or observing the technical requirements of
employment regulations.
At issue here is fundamental·respect for
the dignity of every person in the University.
We want to engage
.the energy and good will of this campus to create the kind of
environment that enriches the lives of all.
This requires the
commitment of everyone.
Perhaps the most common form of harass-
ment are verbal characterizations which are demeaning.
In many
instances these are the result of habit and not intended to
intimidate, but it is our responsibility to make ourselves more
aware of the effects of these and other types of behavior on
others.
I am referring this policy to the Council of Deans, appro-
priate academic officials, and the University Commission on
Affirmative Action.
I ask that they recommend to me a means of
implementing both the letter and the spirit of these policies.
I know this campus will fulfill its deepest commitments in
responding tb these issues~
v~Ce
~)
,J_/
O'Learl
> .•
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..I
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