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Administered by the Blog Committee, Policy Matters posts are written by members on a variety of topics. From think pieces to how-to's, editorials to news round-ups, there is something for every policy administrator. Interested in contributing a post? Let us know by emailing admin@acupa.org.

 

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Bereavement Leave

Posted By Jessica Teets CCEP, Purdue University, Monday, July 18, 2022
Updated: Thursday, July 14, 2022

Does your policy support or stress your employees?

Death affects us in different ways. As much as we may think we understand someone else’s grief following the loss of a loved one, we can never really know how they feel. Many factors go into the way we experience grief. Our relationship to the individual, the circumstances of their death, the last memory we have of that person, the things we said or didn’t say to them before they were gone, what we believe others expect from us after the death. As an employer, does your institution’s bereavement policy bring needed support to the grieved or does it add stress to an already difficult time? Consider a few aspects of your bereavement policy to ensure it works for both your institution and your employees.

Number of Days in Paid Status

For most employers, the number of days of paid bereavement leave depends on the relationship of the employee to the deceased. More time is given to close relatives like parents, spouses, children, and siblings, with less time offered to more distant relations like uncles, aunts, and cousins. But families are complicated. What about relatives that live in the employee’s home? What about in-laws and step-relatives? If an employee’s spouse loses a parent and needs to make arrangements, it seems likely that the employee would be involved in those arrangements and would need the same amount of time as if it were their own parent.

While lines do need to be drawn somewhere, consider whether widening the circle of relatives for whom the employee is allowed longer bereavement leave causes any real detriment to the institution. An employee who is granted sufficient time away will be more productive when they return to work.

Timeframe for Taking Bereavement Leave

In the United States, it is common for funerals and other services or memorials for the deceased to happen within several days or a couple weeks of the death. Common, but not absolute. The circumstances of the individual’s death may require a delay in mourning rituals. Weather could play a factor in fulfilling the decedent’s wishes. A pandemic could prevent family from coming together right away. If your policy imposes a time limit by which bereavement leave needs to be taken, consider whether that limit allows enough flexibility for the employee. A two-week limit to take leave is a pretty short period of time. The weather is not likely to change much in two weeks if it’s January in New York. Offering employees a month or even six months can help them make decisions without undue pressure.

Does your policy require the employee to take all the leave consecutively? That, too, could put undue pressure on the grieved. If your policy allows five days of leave, it may be more helpful to allow the employee to divide that time up as they need it. An employee who feels supported in their time of need will likely be a more dedicated employee in the long run.

Documentation

Does your policy require that the employee turn in an obituary or other proof of loss? If so, why? Trust isn’t given, it is earned. Yes, there may be a few people who come up with phantom relatives or friends in order to get a day off. But do you really need to put your supervisors in a position of policing bereavement leave? Just because someone turns in an obituary for a sweet old lady who died last week, doesn’t mean that lady was really their aunt. Trust employees to be honest and do the right thing. The employees who need the time will be grateful that the process for taking leave was easy.

Tags:  bereavement  human resources  Jessica Teets  leave of absence  leaves  policy 

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Policies Requiring Public Review and Comment

Posted By Deborah Bartlett, Washington State University, Monday, October 11, 2021
Updated: Sunday, October 10, 2021

Meeting the Requirements of the Administrative Procedures Act


My office, Procedures, Records, and Forms (PR&F), is responsible for managing administrative policies and procedures for Washington State University (WSU). Administrative policies and procedures at a state institution like ours involve both policies and procedures that require just an internal review process and those that require internal review along with public notification and public comment.

Like all state higher education institutions, Washington state colleges and universities are regulated according to the laws passed by the legislature and by administrative rules put in place to enact applicable legislation. The federal government and each state in the U.S. have passed administrative procedures acts, which provide requirements for establishing, updating, and repealing administrative rules to enact legislation and operate federal or state agencies. In the state of Washington the laws passed by the legislature are codified in the Revised Code of Washington (RCW), and the administrative rules are codified in the Washington Administrative Code (WAC).

Generally, actions that will or may impact members of the public or customers are established as WAC rules. Each state of Washington agency has their own "Title" in the WAC, which the agency is responsible for establishing and updating in accordance with the requirements of the Washington Administrative Procedures Act (RCW 34.05). The act provides an exception for Washington higher education institutions to allow establishment of academic and administrative policies that involve admissions standards, academic advancement, graduation, the granting of degrees, employment relationships, and/or fiscal processes without going through a public review process.

WSU's WAC rules (WAC Title 504) include policies that affect student living groups, standards of conduct for students, student education records, health and safety regulations, facility use rules (both those involving free speech activities and those not involving free speech activities), parking and traffic regulations, board of regents meetings, practice and procedure for adjudicative hearings, library policies, course materials, public records, state environmental policy act rules, and small works contracting. Additionally, the Washington legislature recently moved responsibility for administering the state's renewable energy system incentive program from the state Department of Revenue to WSU's Energy Program, which required us to establish a new chapter of administrative rules to govern this program.

Our internal administrative policies are prepared, reviewed, and approved in accordance with our Policy on Policies (Executive Policy EP5). In accordance with RCW 34.05, the process for WAC policies, rules, and regulations involves internal administrative review and approval, public notification, and except in limited cases, public hearings, as well as adoption action by our Board of Regents. Exception: Our Regents delegated authority to the WSU President to adopt parking rules.

Due to the strict deadlines for filing public notifications, required waiting times to allow for public notification or comment at each stage of the process, and the limited number of Regents meetings available for adoption actions, a normal WAC amendment process takes about seven to eight months. Administrative determination to make changes based on public comments can add another three to six months to this length of time. We work with the state Code Reviser's Office, which is responsible for managing and publishing all proposed changes in the Washington State Register (WSR), and all adopted changes in the WAC.

When a WSU administrative unit notifies us that they want to make changes to the WACs, my office first asks for an idea of when they'd like the rules to become effective. We then work backwards to run a timeline that indicates dates for the necessary Regents' adoption action, the public hearing and filing deadlines, and the review process deadlines for the internal review and approval of the rules language. (We also include deadlines for the applicable vice president to provide notifications and materials and present the proposed changes to the Regents for applicable future action and action items.)

The WAC process requires a general summary preproposal notification statement to the public. Then in order to file the amendment proposal we must have all of the specific rules language completely prepared and approved internally up through the administrative chain of command to include the University President. The amendment proposal is presented to the Regents for adoption action after the public hearing and end of the public commenting period.

I'm sure many of you experience the need to push your reviewers to respond to policy/procedures drafts. Add in the need to complete each stage of the review process by strict deadlines in order to meet public notification filing requirements, and you'll find you really need to increase your level of "squeaky wheelness." We've found that having our legal counsel, the State Attorney General's Office—WSU Division, on our side throughout the development and review process for WACs is of great assistance with ensuring reviewer responses to WAC drafts.

WSU's WACs process was transferred to my office from our Office of Finance and Administration back in 2004. Since then we've learned a great deal about state requirements for processing such changes, as well as holding and documenting public hearings and comments. WAC processing is definitely a juggling act, with many different "balls in the air" to keep track of at the same time.

How are publicly-reviewed policies, rules, and regulations handled at your public institution? Does your administrative policies office manage this process, or do you have a separate office that facilitates these changes?

Even if you don't work for a public university or college, you might find it interesting to check into how publicly-reviewed policies and rules are managed at the state or even federal level. I know that my experiences working with WSU's WACs have made me much more aware of the strictures that all public agencies must follow in order to change their operating rules.

Tags:  adm  administrative code  administrative policies  Administrative Procedures Act  adoption  amendment  Deborah Bartlett  filing deadline  policies  policy  procedures  public  public comments  public hearing  public notification  public review  publicly-reviewed  review process  rules  timeline  WAC 

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To vax, or not to vax

Posted By Lisa Biagas, Pennsylvania Academy of the Fine Arts, Monday, June 7, 2021

The COVID-19 Mandate Question

To be, or not to be, that is the question.” Sorry for the Shakespeare reference, but Hamlet’s soliloquy has application to every campus this year: Should campuses mandate COVID vaccinations for students? For faculty and staff (employees)?

As this debate wages on, I’ve begun daydreaming in my endless Zoom meetings and webinars. I’m having flashbacks of my college literature lectures on how Shakespeare creates a balance with the first six words that Hamlet utters. As Hamlet ponders life and death, he asks which of the two alternatives is nobler, whether to suffer the cruelties of fate silently or to put up a fight against the misfortunes of life that afflict one. This soliloquy’s dramatic purpose is to explain Hamlet’s procrastination in carrying out his purpose, and the mental torture and anguish Hamlet feels if he does not.

As we grapple with the COVID-19 vaccination question, ought we remain steadfastly committed to our purpose to keep our campuses safe? Should we mandate the COVID vaccines as a means to assure our communities? If we don’t, what will happen? Of what great consequence?

The question to mandate the vaccine dominates college plans to shift back from remote to in-person instruction and from remote working to hybrid or fully on campus. Some colleges have held vaccination clinics to get students and employees immunized before they leave for the summer. Many colleges now see that the only way to return to normal and get back to campus is through a required vaccination program as the answer. The goal is to help build confidence that students, faculty and staff will be safe on campus.

I am not a lawyer, and I am not making a legal argument. But we do look to federal, state, and local authorities and the law--Centers for Disease Control and Prevention (CDC), Occupational Safety and Health Act (OSHA), Americans with Disabilities Act (ADA), and the Equal Employment Opportunities Commission (EEOC)--for guidance to inform our decision-making.

First, protecting the privacy rights of our students and employees is of the utmost importance. We treat COVID-19 testing, temperature screening results, reports of symptoms, contact tracing, vaccination, or declinations as confidential medical records stored separately under the Health Insurance Portability and Accountability Act (HIPAA).

But what happens to the prescreening for COVID-19 when the benefits diminish as rates of vaccination increase? Our campus policies need to be consistent and communicated clearly. Some states mandate temperature screening before work shifts, while the CDC recommends the continued utilization of prescreening.

With OSHA in mind, we have a duty to keep our communities free of recognized hazards, and we can consider the COVID-19 virus a danger or a risk to our communities. In so doing, if we adopt a policy that mandates all students and employees must receive the COVID-19 vaccine, the policy must have express medical and religious exemptions. The medical exemption stems from the ADA, which prohibits discrimination against individual medical conditions and requires us to provide individuals with health conditions a “reasonable accommodation.” The religious exemption is protected by The Civil Rights Act of 1964. If you choose to mandate vaccines as a condition of employment, adverse reactions are OSHA recordable events.

Other questions to work out if you decide to mandate. Is there a blanket policy that all employees need to work regardless of vaccination status? Is letting the employee work from home a “reasonable accommodation”? What accommodations will you allow for students? If students don’t comply, are they barred from residence, classes, or entirely from campus? Will you provide paid time off for employees to receive and recover from the vaccine?

One last Hamlet reference. Whatever you decide to do, there will be “slings and arrows” of those who believe mandating the vaccine is an assault on their liberties and others who will think you haven’t done enough to keep them safe if you don’t.

Please keep a watchful eye on the Chronicle’s “List of Colleges That Will Require Students or Employee to Be Vaccinated Against COVID-19.” Often our best lessons are those we learn from our sister institutions.

I wish you well as you grapple with these questions on your campus, and I am confident you will find the best solution to keep your community safe. Be well.

Tags:  Lisa Biagas  pandemic  policy  vaccines 

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Policy in the News

Posted By Deborah Bartlett, Washington State University, Monday, May 10, 2021

Articles on topics that may affect your organization’s policies

As we move into the summer semester, the Blog Committee would like to share some of the articles we’ve been reading that relate to policy administration in higher education.


Tags:  Canada  COVID-19  cybersecurity  data  employment contract  financial aid  free speech  gap  gender  hot topics  HR  information  IT  legal  minimum wage  news  pandemic  phishing  policy  policy in the news  poverty  privacy  records  remote work  sexual harassment  students  Title IX  vaccines 

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Do you evaluate your policy objectives?

Posted By Brittani Brown, California State University San Marcos, Friday, March 5, 2021

What It Means to Have an Effective Policy Program

Have you ever written a policy that took hours of research, conversations, and meetings and years to get approved? Then, months or even years are dedicated to implementation and operationalizing the policy. Program evaluation can take place at various stages of the policy process to assess progress, milestones, and data amongst other things. Then what? When do you evaluate your policy and related programs and how?

The most common stage for program evaluation to take place is the evaluation and termination stage, when policies are evaluated against how successful they were at meeting their objectives (Fischer, Miller, & Sidney, 2007). Program evaluations focus on the inputs (resources) and outputs because program implementations are meant to be successful and require resources, which are increasingly scarce. Focusing on the level of resources used against the outcomes is important to funders. In other words, what did we get for our money? Over the years, evidence-based reporting has increased in popularity amongst public and nonprofit sectors (Emerson, 2009). Organizations need to show apparent, demonstrated and proven effectiveness. Apparent effectiveness is the short-term result, indicating, through documentation, the program is being utilized (Emerson, 2009). Demonstrated effectiveness refers to measuring the impact of the program (Emerson, 2009). Lastly, proven effectiveness, a scientifically proven measurement of a program’s success (Emerson, 2009). Both demonstrated and proven effectiveness utilize a third party evaluator to gauge the effectiveness (Emerson, 2009).

After our last policy implementation, we regrouped with our customers and discussed areas for continued refinement, improvement, and revisions. Even though we sought input and held focus groups prior to implementation, we still had opportunity to improve.

As you prepare your next policy implementation, think ahead to how you evaluate your program. Can you deliver evidence-based reporting? Can you demonstrate the public policy need was met? To find out, engage with your stakeholders and customers before, during, and after to seek feedback. If data is available to help evaluate, utilize that as well.

References

  • Emerson, J. (2009). But does it work? How to best assess program performance. Stanford Social Innovation Review, 29-30.
  • Fischer, F., Miller, G. J., & Sidney, M. S. (2007). Handbook on public policy analysis. Boca Raton: CRC Press.

 

Tags:  analysis  assessment  Brittani Brown  data  effectiveness  evaluation  evidence-based  implementation  milestones  objectives  outcomes  policy  program  progress 

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Policy Changes on Steroids and I'm Over It

Posted By Meg Resue, Rowan College of South Jersey, Tuesday, December 8, 2020

Approaching the End of 2020

The monitoring, updating and revising of policy and administrative procedures is a deliberative process requiring significant time to decipher law, collaborate with the appropriate parties, draft, vet and finalize for presidential and Board of Trustees approval. For some policies and procedures, the pandemic has taken the normal expected sequencing and placed it on steroids, accelerating the process.

By the first week of March 2020, the college’s cabinet began to meet for conference calls with state government officials to discuss an imminent pandemic heading our way. During the second week, a campus Coronavirus (COVID-19) medical taskforce was established. In addition, a credentialed medical director to co-chair the taskforce was soon installed to facilitate college communications and practices, as well as to collaborate with state and local health departments to track the scientific details on COVID-19, including medical statistics showing the virus’ insidious trajectory. By week three, faculty and staff were thrust into working from home by a state stay-at-home executive order, while simultaneously tasked with flipping all classes to an online delivery during the very same week that students were off campus on spring break, with the aim of being ready to begin the new semester upon their return.

After all these operational challenges unfolded, there was catch-up work to be done in order to get policy and administrative procedures appropriately revised within the areas of operations, academics, student services and human resources. Everything needed to align with state issued executive orders that seemed to emerge almost on a weekly basis. Once the stay-at-home executive order eased to a lower level phase, the college was able to bring faculty, staff and students back to campus. The number of individuals allowed back was limited with strict mandated medical protocols implemented. This action spurred yet another round of fast-tracked policy and administrative procedure revisions in the areas listed above. This in turn triggered the issuance of communication plan updates to the college community and local governmental authorities, and additional restart plan submissions to the state. With each state executive order issued, there may have been and, in many cases, most did impact some aspect of standing policy and procedure practices. This has resulted in our new normal of a rapid-fire, expedient policy process – at least for now.

As the month of December wanes, from a human resources policy perspective, it is necessary to keep an eye on the federal mandate regarding the Families First Coronavirus Response Act (FFCRA), which has been in effective since April 1, 2020, ending December 31, 2020. The question - will this mandate be extended or will it lapse? The answer will dictate policy revision. Time will tell; uncertainty prevails.

Professionally, 2020 has proceeded with the most frenetic momentum and I am ready, more than ready, to have this aspect of the higher education realm return to what I once considered its mind-boggling glacial pace – I miss those days; really, what was I thinking – glacial pace!

The good news is a COVID-19 vaccine is on the horizon. Better days will come. I wish everyone a safe, healthy and happy holiday season.

Tags:  challenges  COVID-19  executive orders  federal mandates  hope  Meg Resue  pandemic  policy 

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Policy in the News

Posted By Megan Jones, Metropolitan State University of Denver, Tuesday, September 29, 2020

Articles on topics that may affect your organization’s policies

As we continue the fall semester, the Blog Committee would like to share some of the articles we’ve been reading that relate to policy administration in higher education.

Tags:  accommodation  ACTs  ADA  admissions  COVID-19  cybersecurity  data  free speech  gap  gender  hot topics  HR  information  IT  legal  news  pandemic  phishing  policy  policy in the news  poverty  remote work  research  SATs  security  sexual harassment  students  talent management 

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Moving toward a New Normal

Posted By Meg Resue, Rowan College of South Jersey, Wednesday, September 16, 2020

How Two Colleges Continue to Become One in a Pandemic


My last blog post occurred in June, about three months into the 2020 pandemic. Institutionally, we were already experiencing a sea of change as having merged with another college forming a branch to the main campus location. At the time, the merger was just eight months old with a new name, a new identity as one college and two distinct cultures.

In March, we were well into our spring semester, when the State of New Jersey’s governor mandated by executive order for its citizenry to stay at home due to the pandemic. This created a perfect storm of events that intensified the velocity of change, necessitating the college to refocus its energy toward switching face-to-face classes to an entirely online environment during spring break so that returning students could finish out their semester online. This mandate was the most restrictive of the governor’s executive orders. Other mandates have since followed guided by the state’s The Road Back plan structured in four stages, with the last stage titled, “New Normal.” As of this writing, New Jersey remains in stage two, so we have a way to go before hitting the last stage and can move on to experience whatever the “new normal” brings.

Based on fluctuations in New Jersey’s COVID-19 health data, the leadership of the college made the decision to continue conducting all classes online through the fall semester and intends to reevaluate the plan for the 2021 spring semester at a later date. With state-approved protocols in place regarding social distancing, capacity considerations, face coverings, and heightened cleaning, employees are now able to return to both campuses to keep vital services operational, while those who are able to perform their job functions remotely can do so in a combination of in-person and telecommuting designed to reduce overall campus population during this stage of The Road Back plan. Only classes that entail hands-on skill development as required by accrediting bodies and/or for credential completion are being offered in a hybrid format with a combination of online and face-to-face classes adhering to all mandated protocols.

Needless to say, how policy development and/or revisions are handled has changed dramatically. We were just getting started on collective policy review with our branch colleagues when the pandemic changed how we would proceed to conduct business. Understandably, most of our requests for policy assistance revolve around current policy revision and procedural addenda specifically related to the impact of COVID-19, which by necessity is a fluid process as existing mandates change in response to the pandemic situation.

In addition to keeping up with the evolving policy changes, our office was in the midst of completing the last aspects of our three-year strategic plan with an assortment of internal and external events planned. Like every in-person event or meeting planned across the college, everything became virtual almost overnight and old processes needed to be adapted quickly to work effectively in an online environment. After a bit of a virtual platform learning curve, many dropped calls, delayed internet audio and garbled responses, we have fortunately developed a sort of “new normal” rhythm, while at the same time, maintaining a sense of humor as dogs, cats or kids add their special magic to our work sessions. On a positive note, we were able to complete the strategic plan and it will head to the printer this week, and of course, our policy work continues.

As I reflect on where we were going into March and where we are now – it remains a huge challenge with plenty of uncertainty. However, I also marvel at what has been accomplished in the interim through sustaining open minds, the spirit of collaboration, respect, and no end of hard work.

Oh, and when we get to the other side of this pandemic, we will need to gather up all our notes and be poised and ready to overhaul our emergency operational plan to add a detailed section on global pandemics, while simultaneously pondering the “new normal” in which we find ourselves.

Tags:  change  Meg Resue  new normal  pandemic  policy  virtual meetings 

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Do I Really Need a Policy and Procedure?

Posted By Brittani Brown, California State University San Marcos, Monday, May 11, 2020

Make sure your policy library has only what it needs

Organizations develop policies and procedures to guide operations and behavior.  Policies direct organizations on what needs to be done and how.  But how do we decide what policies are necessary?  As policy administrators, we are asked to write or implement a policy, and it is our responsibility to confirm that the policy accomplishes something, and that a policy is the best way to achieve success.  Organizations implement policies to avoid difficult conversations, to course-correct challenging groups, or to resolve an isolated incident that may never occur again. To avoid publishing an unnecessary policy, first, ask yourself if the issue is essential and if it needs clarification.

The importance is subjective.  As policy administrators, we must help our colleagues identify the need for a policy and procedure and determine how to include the important and most practical information for users.  We want to avoid issuing policies merely to replace difficult conversations.  For example, if a campus department wants to eliminate hard copy invoices, do we need a policy, or can we accomplish this goal with a conversation?

Complex issues need clarification.  Is your organization subject to new legislation?  We cannot expect every person in our organization to research and comprehend the law.  Policies are a mechanism to interpret, shorten, and add the “why” and “how” tailored to the organization.

Certain issues have a major impact on the readers and the organization. Personnel, financial, health, and safety are common policy topics and are easily identified as necessary policies.  However, the remaining potential policies should inform readers with clear communication

Creating policies for all topics results in overload, and people will ignore them.  Never write/implement a policy “just to have one” or “because it seems like a good idea.”  Align the policy with the strategic objectives of the organization.  Ensure the policy accomplishes something, and it will be read.  Keep the policy concise.

Tags:  brittani brown  policy  policy administration  policy management  policy process  procedures 

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Inclusive Policy Development

Posted By Megan Jones, Metropolitan State University of Denver, Monday, July 29, 2019

Metropolitan State University's Policy Advisory Council

The views expressed in this article are my personal views and do not represent the official position of MSU Denver or ACUPA.

Metropolitan State University of Denver recently restructured its Policy Advisory Council to be more inclusive of various perspectives throughout the university. The council, a group that I helped to establish in 2016 and continue to facilitate, provides recommendations to MSU Denver leadership on university-wide policies and policy impacts prior to enactment or revision. In 2018, as part of MSU Denver’s inclusive-leadership movement, MSU Denver President Janine Davidson, Ph.D., opened the council membership to any interested student or employee at the university. A year later, the council has about 65 total members, comprised of students, faculty, and staff, with 20 to 25 of those members attending any given monthly meeting.

While having a large number of individuals on the council can make meeting and coming to consensus more difficult, the benefit of having diverse perspectives, particularly when it comes to implementation, training and communication, outweighs the challenge of including many voices in the process.

Conflict Management, Not Resolution

Involving multiple perspectives in the policy process will eventually lead to conflict. “Conflict is growth waiting to happen,” said MSU Denver Human Services Professor Tony Ledesma, during a peace-studies learning community. Instead of viewing this conflict as a problem to be resolved, I’ve learned to view the friction in the policy process as a force for positive change. Often, when there’s friction, there’s passion. The most outspoken faculty, staff, and students sometimes get reputations for being difficult or obstructive. Rather than viewing dissident community members as a roadblock, policy managers can channel negative energy and harness “difficult” individuals’ passion by including the most outspoken opponents in policy planning and development.

Focus on Students

When President Davidson began her tenure at MSU Denver, she said her priorities were, “Students, students, students.” In higher education, prioritizing students seems obvious. However, immediately following Dr. Davidson’s declaration, MSU Denver employees began to ask, “What about me?” It’s all too easy for administrators and faculty (who are pressured from many angles and also enjoy intellectual interests of their own) to forget that educating students and preparing them to succeed throughout their education and career is the main focus of their work. This case is especially true when the council is talking about policies on employee leave or financial conflicts of interest, which may seem unrelated to students. Yet, the wellbeing and satisfaction of employees often has a trickle-down effect on the satisfaction, retention and graduation of students. When conflicts arise during the policy process, reminding everyone of the organization’s emphasis on “students, students, students,” helps to unite disparate viewpoints by focusing individuals on a common goal.

Looking to the Future

While managing such a large council occasionally leaves me in introvert overload, the success of the inclusive process is worth the effort. In the past year, for example, the council conducted a comprehensive review of the Board of Trustees’ policy manual, and it plans to tackle the staff employment handbook next.

Tags:  advisory council  conflict management  development  inclusive  policy  process 

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