|No. 1-13||Rev. 03-20-12||Date 4-20-77|
CONSTITUTION OF THE
WEBER STATE UNIVERSITY FACULTY GOVERNMENT
The purpose of this Constitution is to establish an organization through which faculty personnel and students may share in the formulation of academic policy. The authority and responsibility of this organization is determined through the authority delegated to the president of the University by the Utah State Board of Regents. Having grown out of the mutual trust and respect that exists between the faculty, administration and students of Weber State University, the academic government shall strive constantly to aid in achieving the aims of the entire University.
ARTICLE C-I. THE GENERAL FACULTY
Section 1. Membership
The general faculty membership shall be composed of faculty members holding full-time salaried appointments, with the rank of professor, associate professor, assistant professor, or title of insntructor, and whose primary function is that of instruction but who may also hold administrative appointments at the organizational level of department chair or lower. Each member of the general faculty shall have voting power and shall have representation through an organizational unit as defined in the Bylaws.
Section 2. Officers
The chair and the vice chair elected by the Faculty Senate from among the faculty members of the Executive Committee shall preside as chair and vice chair respectively of the general faculty.
Section 3. Meetings
Meetings shall be held
3.1 on the call of the president or chair.
3.2 on the call of the Faculty Senate.
3.3 on the written petition of 10 percent of the general faculty.
ARTICLE C-II. FACULTY SENATE
Section 1. Name
There is hereby created the Weber State University Faculty Senate which shall be the deliberative and legislative agency of the academic community and hereinafter shall be referred to as the Faculty Senate.
Section 2. Powers
2.1 Formulation of Policy
The Faculty Senate, subject to the provisions of state and federal law, subject to consistency with the general objectives established by the Board of Trustees, subject to the approval of the Board of Trustees and subject to the referendum power of the general faculty, has legislative power on educational policies and academic procedures. The Faculty Senate shall formulate policy concerning the following:
2.1.1 standards for admission and retention of students
2.1.2 requirements for all degrees, certificates, titles, etc.
2.1.4 appointment, promotion, tenure and dismissal of faculty personnel
2.1.5 standards for student activities and general student conduct
2.1.6 academic freedom for faculty personnel
2.1.7 grievances which may arise
2.1.8 formulation of bylaws governing all nominations and elections provided for in the faculty Constitution and governing such other procedures and processes as require detailed clarification
2.1.9 The listing of the foregoing functions shall not be construed as denying the Faculty Senate other functions of concern to the general faculty.
The Faculty Senate is authorized to recommend policy on the following matters:
2.1.10 expenditure of funds allocated for instruction, research and travel
2.1.11 faculty salaries, annuities, insurance programs and leaves of absence
2.1.12 selection and retention of academic administrators
2.1.13 teaching load of faculty personnel
2.2 Establishment and Maintenance of Committees
The Faculty Senate shall establish and maintain standing and ad hoc committees as it deems necessary to carry out its functions.
2.3 Ratification and Review of Policy by General Faculty
No new University policy shall become effective by action of the Faculty Senate until the general faculty shall have had an opportunity to review it.
2.3.1 Distribution of Minutes -- an abstract of the minutes of all Faculty Senate meetings shall be distributed to the general faculty.
2.3.2 Challenging Senate Action -- the general faculty may challenge decisions made by the Faculty Senate as established in the Bylaws.
2.4 Emergency Business
When a majority of the Faculty Senate is not able to meet, the Executive Committee shall be empowered to act upon matters of routine or emergency business in accordance with established University policy.
Section 3. Membership
The Faculty Senate shall consist of designated administrative members, elected members of the general faculty and appointed student members chosen in ratios proportionate to the number of members in each organizational unit as hereinafter provided in the Bylaws. The number of elected members shall be determined by maintaining not less than a one (1) to three (3) ratio between administrative and faculty members. The total number of administrative and faculty members shall not exceed 52.
3.1 Faculty Members
Faculty members shall consist of members of the general faculty chosen in ratios proportionate to the number of members in each organizational unit as hereinafter provided in the Bylaws. Members shall be elected for three-year terms. No member shall be eligible to serve more than two consecutive terms. The appropriate ratios shall be set yearly by the Committee on Constitutional Review, Apportionment and Organization. Any professor, associate professor, assistant professor, instructor or instructor specialist of the general faculty may be elected a member of the Faculty Senate.
3.2 Administrative Members
The president, the provost and 11 (eleven) additional administrators of the University shall be administrative members of the Faculty Senate without the right to vote but with the right to discuss, to make motions and to second motions. The 11 administrative members shall be appointed by the president for a term of not less than one academic year. Administrators above the position of department chair shall be eligible for appointment as administrative members of the Senate but shall not be eligible for election as faculty members.
3.3 Student Members
Student members shall consist of four (4) designated students duly appointed by the Executive Cabinet of the Weber State University Student Association. Student members shall have the right to discuss, make motions, second motions and to vote.
Section 4. Officers
The chair and vice chair of the Faculty Senate shall be elected by the voting members of the Senate from among the faculty members of the Executive Committee. The term of office shall be for one year. A secretary will be designated by the Senate.
Section 5. Executive Committee
Nine (9) members from among the elected faculty members of the Faculty Senate shall be elected annually by the general faculty to serve as the Executive Committee. The president and the provost shall serve as administrative members without the right to vote. This committee shall meet at the call of the chair or on the request of any two of its members. It shall serve as the steering committee of the Faculty Senate and shall, if requested by the president, represent, or designate persons to represent, the Faculty Senate with other University bodies. The chair and vice chair of the Faculty Senate shall be chair and vice chair of the Executive Committee.
The Executive Committee shall serve as the agenda committee for the Faculty Senate. It shall provide for the reporting to the Faculty Senate by administrative officers, by chairs of standing and ad hoc committees and by individuals. The Executive Committee shall recommend to the Faculty Senate the membership of committees. Committees may be composed of members of the Faculty Senate, elected or administrative, or of members of the general faculty.
Section 6. Meetings
6.1 Regular Meetings
Regular meetings of the Faculty Senate shall be held at least once a month during the academic school year.
6.2 Special Meetings
Special meetings may be called upon due notice at any time during the academic year
6.2.1 by the chair of the Faculty Senate or the president of the University,
6.2.2 upon request by a majority of the Executive Committee,
6.2.3 by a majority vote of the Faculty Senate at any regular or special meeting,
6.2.4 by petition to the chair of at least 25 percent of the Faculty Senate members, or
6.2.5 by petition to the chair of at least 10 percent of the members of the general faculty.
6.3 Faculty Attendance at Senate Meetings
Faculty Senate meetings shall be open to all members of the general faculty except executive sessions as set forth in the Bylaws. Faculty members who are not members of the Faculty Senate may address the Faculty Senate only upon the invitation of the presiding officer of the Faculty Senate.
6.4 Rules and Procedures
The Faculty Senate shall have power to establish rules of procedure and to determine all matters pertaining to its own meetings. Such general regulations as may be established regarding procedure shall be clearly set forth in its Bylaws.
ARTICLE C-III. AMENDMENTS
Amendments shall be proposed to the general faculty by a majority of the total voting membership of the Faculty Senate. The Senate shall not take its final action on an amendment during the first meeting at which it is introduced. This Constitution of the Weber State University Faculty Senate may be amended only by an affirmative vote of three-fifths of the general faculty as determined by electronic ballot, overseen by the secretary of the Senate and by three faculty members appointed by the chair of the Senate. A ballot shall be valid only if received by the secretary of the Faculty Senate within 15 (fifteen) days after the date on which ballots were provided to the general faculty. A faculty member who wishes to abstain from voting shall be provided that opportunity on the ballet. At the end of ten (10) days, the secretary shall send a reminder to all members of the faculty who have not yet submitted ballots. At the end of the 15- (fifteen-) day period, the results of the ballots will be announced to all faculty. (For amendments to the Bylaws see Article B-XIII Amendments.)
ARTICLE C-IV. BYLAWS
The Bylaws, where applicable, shall be the basis for all procedures not specifically provided in the Constitution.
This Constitution was adopted by the general faculty on September 29, 1966, and approved by the president of the University on the same date. It was reported to the Board of Trustees on October 18, 1966.
CONSTITUTIONAL BYLAWS OF THE
WEBER STATE UNIVERSITY FACULTY GOVERNMENT
ARTICLE B-I. RIGHTS AND RESPONSIBILITIES OF FACULTY SENATE
Section 1. Rights of Members
1.1 Elected faculty members shall have full privileges of the Faculty Senate, including the right to introduce and to second motions and to vote.
1.2 Administrative members shall have the right to introduce and to second motions and all other rights and responsibilities specified in the Constitution and Bylaws but not the right to vote.
1.3 Duly appointed student members shall have the right to introduce and to second motions and to vote.
1.4 A representative delegated by a Senate member to attend a Faculty Senate meeting in his or her place shall exercise full rights of the member on any issue brought before the Senate at the meeting and not be limited to the particular issue for which the proxy was granted. His or her name must be communicated to the Senate chair at the commencement of the meeting.
Section 2. Attendance Requirement
A Senate member, without academic assignment for one semester during the regular academic year, must be replaced by election per policy in Article II, Section 4. In other cases, absence of an elected member from three regular meetings of the Senate during the academic year, unless due to illness or official assignment, shall lead to forfeiture of membership. Any seat unoccupied, or that will obviously be unoccupied, for longer than three months for any reason shall be declared vacant by the chair.
Section 3. Availability of Members
Teaching, research and extension schedules shall be arranged to allow attendance of members at regular meetings of the Senate. If, due to unusual circumstances, this is not possible, and if it is known at the time of election, the faculty member involved shall ask that his/her name be withdrawn from nomination.
ARTICLE B-II. ELECTION OF MEMBERS OF THE FACULTY SENATE
Section 1. Terms of Office
Members shall be elected for three-year terms by each organizational unit. In these elections only persons eligible for elective membership in the Senate shall vote.
Section 2. Ratios for Representation
2.1 Each organizational unit shall elect members according to the following determined ratio: total number of general faculty members eligible to vote divided into the total number of voting faculty for each organizational unit times the total number of elected members on the Senate.
The appropriate ratios shall be set yearly by the Committee on Constitutional Review, Apportionment and Organization. Terms shall be so arranged as to provide that one-third, or approximately that number of members, shall be newly elected each year.
2.2 The term "organizational unit," as used in the Constitution and Bylaws, shall refer to the various academic colleges and the Library.
Section 3. Election of New Members
Immediately following the approval of the apportionment (presented to the Faculty Senate no later than the last meeting of the fall semester) of membership by the Faculty Senate, the secretary of the Senate shall inform the faculty of each organizational unit of (1) the names of members whose terms will expire during the current academic year and (2) any changes in apportionment. Organizational unit faculties shall then elect new members in accordance with such election procedures as they may establish; however, a secret ballot shall be used.
Section 4. Election Procedures
The nomination and election procedures of each organizational unit shall be established by vote of the faculty of that unit. The election procedures and any changes in the procedures established by the faculty of an organizational unit shall be reported by the dean to the secretary of the Senate.
Section 5. Disputed Elections
Disputes over election procedures or results shall be adjudicated by the Executive Committee of the Senate.
Section 6. Maximum Representation
No more than three members of any one department shall serve in the Senate at the same time.
Section 7. Election Procedures Results
7.1 Results of the election of new members of the Senate shall be reported officially to the chair of the Senate by the organizational units no later than the eighth week of the spring semester.
7.2 Prior to the eleventh week of spring semester, the Executive Committee shall call a general faculty meeting for the purpose of electing members of the Executive Committee for the following year. The faculty must vote for nine members; and in the case of a tie for the ninth member, it shall be decided by the flip of a coin. A secret ballot shall be used. There is no requirement that every organizational unit be represented on the secret ballot. The highest vote recipient from each organizational unit represented on the secret ballot shall serve as an elected member of the Executive Committee. The next highest vote recipients shall also be elected to the Executive Committee. No more than two members from the same organizational unit shall serve on the Executive Committee at the same time; for this purpose, a top-vote recipient will be eliminated in favor of the next highest vote recipient from another organizational unit.
7.3 The newly elected senators shall be designated as "Senators-elect." They shall assume their duties after the last day of spring semester and continue in office until the last day of the spring semester ending their term.
Section 8. Vacancies
A declared vacancy for one year or less shall be filled according to the election procedures established by the faculty of the organizational unit which elected said Senate member. A person serving a partial term shall be eligible for re-election to only one full term without a lapse of time.
ARTICLE B-III. POWERS AND DUTIES OF THE OFFICERS OF THE FACULTY SENATE
Section 1. Powers of the Chair
The chair of the Senate shall preside at meetings of the Senate. In case of a tie, the chair may cast the deciding vote. The chair also shall serve as chair and preside at meetings of the Executive Committee.
1.1 Power to Call Special Meetings
The chair may call special meetings of the Senate or of its Executive Committee.
1.2 Spokesperson for the Senate
The chair shall serve as the executive officer of the Senate and shall sign the official copies of all Senate actions. On all matters concerning publication or explanation of Senate actions, the chair shall be spokesperson of the Senate.
1.3 Spokesperson for the Executive Committee
The chair shall report and explain to the Senate the recommendations of the Executive Committee.
1.4 Supervisor of the Activities of the Secretary
The chair shall supervise the activities of the secretary of the Senate.
Section 2. Powers of the Vice Chair
The vice chair shall take over the chair of the Senate or of its Executive Committee if the chair is absent, resigns or wishes to express a personal opinion on a matter under discussion.
Section 3. Secretarial Duties
The secretary of the Senate shall publish and distribute to all members of the Senate the agenda and committee reports at least four (4) days in advance of regular meetings and as early as practicable before special meetings. The secretary shall keep the minutes of the Senate, including the call to meetings, a record of attendance at meetings, committee reports as adopted and a record of all the business transacted. After minutes of meetings have been approved by the Senate, the secretary will have them distributed promptly to the general faculty and post them on the web under the Faculty Senate home page. The secretary shall conduct referendums when directed to do so by the Senate or by the Constitution and Bylaws.
ARTICLE B-IV. ELECTION OF OFFICERS OF THE EXECUTIVE COMMITTEE
Section 1. Election of Chair-Elect and Vice Chair-Elect
Each year at an organizational meeting in March, those senators-elect and those senators whose term of office shall continue beyond that academic year shall elect for a one-year term a chair-elect and a vice chair-elect. The term of office of the chair-elect, vice chair-elect and the Executive Committee-elect shall commence following the last day of spring semester and terminate after the last day of the following spring semester.
Section 2. Vacancies
In the event that a vacancy should occur in the Executive Committee, it shall be filled at the next subsequent regular Senate meeting by an election in which the Executive Committee shall act as a nominating committee. The person elected and the person vacating the position shall be from the same organizational unit. Should a vacancy occur in the vice chair, the Senate shall fill the vacancy at its next regular meeting.
Section 3. Composition of the Executive Committee
3.1 The general faculty shall annually elect an Executive Committee of nine (9) members from the elected members of the Faculty Senate. The chair, vice chair and secretary of the Faculty Senate shall serve as chair, vice chair and secretary of the Executive Committee.
3.2 The president and the provost shall serve as the administrative members of the Executive Committee of the Faculty Senate without the right to vote.
Section 4. Powers and Duties of the Executive Committee
4.1 The Executive Committee of the Senate shall have such powers and duties as are delegated to it by the Constitution and Bylaws and by the Faculty Senate.
4.2 As the steering committee of the Senate, the Executive Committee shall give attention to all matters within the scope of the Senate's action, either on its own initiative or upon the request of individual members of the faculty.
4.3 The Executive Committee shall hold a meeting not less than one week before each regular meeting of the Senate. It shall approve the agenda proposed by the chair for the meetings of the Senate and shall cause the agenda and committee reports to be published and distributed to all members of the Senate at least four days prior to regular Senate meetings and as early as practicable prior to special meetings.
4.4 Committee reports to be placed on the Senate agenda must be submitted to the Executive Committee at least four days in advance of the Executive Committee meeting preceding the Senate meeting at which consideration of the report is planned and shall be distributed with the agenda to members of the Faculty Senate.
4.5 The Executive Committee shall include on the Senate agenda any items requested in writing by one-fifth of the voting members of the Faculty Senate, one-tenth of the voting members of the faculty or by the request of the president.
4.6 The Executive Committee may make recommendations to the Senate concerning proposed actions.
4.7 The Executive Committee shall recommend to the Faculty Senate the chairs and members for faculty committees.
4.8 The Executive Committee shall propose a calendar of regular meetings of the Senate for the ensuing year.
4.9 The meetings of the Executive Committee shall be open to all Senate members. The Executive Committee shall keep minutes of its meetings and make them available to all Senate members.
4.10 Members of the Executive Committee of the Faculty Senate shall serve as a faculty advisory board to the president of the University and shall meet with the president to give advice and recommendations on matters concerning Weber State University.
ARTICLE B-V. COMMITTEES OF THE FACULTY SENATE
Section 1. General Provisions
The Faculty Senate shall establish standing committees and ad hoc committees as it deems necessary. The committees are to report on their actions to the Senate annually. Additional reports may be submitted at the request of the Senate or on the initiative of the committees.
Section 2. Action on Committee Reports
Committees of the Faculty Senate are responsible to the Senate in all of their actions. The Faculty Senate may (1) refer any action of a committee back to the committee for further study and recommendation or to some other committee for study and recommendation, (2) disapprove any action of a committee or (3) approve any action with or without modifications and report it to the president of the University or to the duly appointed administrator.
Section 3. Membership of Standing Committees
3.1 Faculty members are appointed to three-year terms with the immediate eligibility for reappointment at the discretion of the Faculty Senate. Those who have completed two consecutive three-year terms on the same committee are not eligible for reappointment until at least one calendar year has elapsed. Students may be appointed to committees for one-year terms with immediate eligibility for reappointment. A student may not serve more than two terms on one committee. Faculty and student committee members have full participation privileges in the work of committees. The number of members on a committee will vary according to the functions of the respective committee.
3.2 The administrative members are appointed by the Faculty Senate at the recommendation of the president. They have participation privileges in the work of the committee but are not eligible to vote or to serve as chairs. The number of administrative members may vary but will not exceed more than one-fifth of the total membership of the committee.
3.3 Ex officio members are appointed by the Faculty Senate at the recommendation of the Executive Committee and Standing Committee. They have participation privileges in the work of the committee but are not eligible to vote or to serve as chairs. The number of ex officio members may vary but will not exceed more than one-fifth of the total membership of the committee.
3.4 All members of the general faculty and all members of the student body in good standing shall be eligible to serve on such committees.
3.5 A member of the Executive Committee may be appointed to serve as a liaison to a Senate standing committee. The liaison has participation privileges in the work of that committee but is not eligible to vote.
Section 4. Standing Committees
The list of standing committees presented below and their responsibilities should not be construed as limiting the power of the Faculty Senate to establish such additional committees as may be deemed necessary or to restrict the right of the Senate to assign additional duties to established standing committees.
4.1 Committee on Academic Resources and Computing
The Committee on Academic Resources and Computing shall recommend policies and operational procedures on the acquisition and utilization of computers and academic resource material.
4.2 Committee on Admissions, Standards and Student Affairs
The Admissions, Standards and Student Affairs Committee shall be concerned with standards for admission, retention and graduation from the University and policies pertaining to student affairs.
4.3 Committee on Appointment, Promotion, Academic Freedom and Tenure
The Committee on Appointment, Promotion, Academic Freedom and Tenure shall formulate policies and operational procedures on these matters and on due process and merit.
4.4 Committee on Constitutional Review, Apportionment and Organization
The Committee on Constitutional Review, Apportionment and Organization shall review, update and preserve the integrity of the Constitution and Bylaws of the Weber State University faculty government. This Committee shall study ratios of college representation on the Senate and recommend procedures for electing its members. The Committee shall also be responsible for recommending policies on the organization and operational procedures of the University.
4.5 Committee on Curriculum
The Curriculum Committee (CC) shall study and evaluate the curriculum needs of the University by reviewing program, certificate, and course proposals (including courses proposed to fulfill specific General Education designations as defined in the CC manual), which have been approved by college curriculum committees or programs that report directly to the Office of Academic Affairs.
4.6 Committee on Environmental Issues
The Environmental Issues Committee shall help facilitate the integration of environmental initiatives into academic affairs, student affairs, and facilities management. The committee shall serve as a local and statewide source for scientifically-based information and for leadership on environmental issues affecting Utah, the Wasatch Front and WSU campus communities.
4.7 Committee on General Education Improvement and Assessment
The General Education Committee (GE) shall articulate the mission and goals for the General Education program and University core requirements and review these on a regular basis. The General Education Committee shall define the standards for the General Education program and oversee the assessment of the General Education program and University core requirements.
4.8 Committee on Honorary Degrees
Faculty members on the Honorary Degrees Committee shall review the recommendations presented to them and shall act as the faculty representatives on the Committee on Commencement and Honorary Degrees.
4.9 Committee on Research, Scholarship and Professional Growth
The Committee on Research, Scholarship and Professional Growth shall recommend policies on research, scholarship, teaching loads, instructional and faculty development and faculty productivity. It shall facilitate faculty in obtaining grants, travel funds, physical facilities, etc., to pursue research and scholarly activities.
4.10 Committee on Salary, Benefits, Budget and Fiscal Planning
The Committee on Salary, Benefits, Budget and Fiscal planning shall study, evaluate and make recommendations on faculty salaries, benefits, budgets and fiscal planning issues.
This Committee shall not exceed nine members with representation from each organization unit. The Faculty Senate chair shall serve as the Executive Committee liaison. A subcommittee shall serve under the direction of this Committee and represent the faculty in salary and related negotiations with the University administration. No two members of this subcommittee shall be from the same organizational unit. This subcommittee shall consist of the Faculty Senate chair, the chair of the Committee on Salary, Benefits, Budget and Fiscal Planning and a third member nominated by the Committee and approved by the Faculty Senate.
4.11 Committee on Teaching, Learning and Assessment
The Committee on Teaching, Learning and Assessment endeavors to enhance the learning environment at Weber State University. When the opportunity and need arise, and as charged by the Executive Committee of the Faculty Senate, the Committee studies, evaluates, and makes recommendations on issues affecting the teaching environment and the assessment of student learning at Weber State University. It also advises the Chair of the Committee in his or her capacity as the Director of the Teaching and Learning Forum and supports the activities of the Teaching and Learning Forum.
This committee shall have one faculty representative from each organizational unit. The Chair of the Committee shall be selected from a pool of applicants by a selection committee appointed by the Executive Committee and comprised of members of the Executive Committee and the Committee on Teaching, Learning and Assessment. The Committee shall be recommended to the Senate by the Executive Committee. The Chair will serve for a three-year term and will be evaluated annually by members of the Committee on Teaching, Learning and Assessment. The Chair of the Committee shall be responsible for the day-to-day operations of the Forum on Teaching and Learning.
Section 5. Establishment of Subcommittees
Standing committees may form subcommittees to carry out committee functions and may invite resource persons from the faculty, staff or student body to assist in the work of committees, but may not form ad hoc committees or appoint a faculty or staff member other than their own members to carry out their functions.
Section 6. Establishment of Ad Hoc Committees
Ad hoc committees are appointed by the Faculty Senate in those instances where a committee is needed to carry out a specific function and none of the existing committees is in a position to accept the responsibility. The composition and powers of such committees will be recommended by the Executive Committee and approved by the Senate. Ad hoc committees continue to function until they have completed their assigned task or until the end of the current academic year, whichever comes first. Ad hoc committees may be reappointed for a second academic year if they have not completed their assigned task. If the task of an ad hoc committee is such that it cannot be completed within a two-year period, consideration should be given to requesting the Faculty Senate to establish the committee as a permanent committee.
Section 7. Committee Procedures
Each committee determines the time, place and frequency of its own meetings. The chair of the committee is responsible for calling meetings. Committee meetings are open meetings unless the chair announces in advance of the date of the meeting that the committee will meet in executive session. The chair is responsible for keeping minutes and forwarding copies of approved minutes to the chair of the Executive Committee. Committees shall conduct their meetings in accordance with the most recent edition of Robert's Rules of Order.
Section 8. Staffing of Committees
Committee assignments will be made in April of each year for the succeeding year by the Faculty Senate upon the recommendation of the Executive Committee. Vacancies will be filled as they occur. A member of a committee who goes on special leave for more than one semester shall be replaced for the duration of the academic year. Committee chairs are responsible for reporting promptly all vacancies on their respective committees to the chair of the Executive Committee. Committee members who are unable to attend for more than one semester shall be replaced. The Executive Committee shall avoid nominating a faculty member to more than one committee during any given year.
Section 9. Attendance Requirement
Absence of a member or a member's designated alternate from three meetings of a committee, unless due to illness or official assignment, shall lead to forfeiture of membership. The chair of the Faculty Senate shall be notified of the vacancy on the committee.
Section 10. Review of Committee Functions and Responsibilities
The Faculty Senate shall inform faculty members of the organization and operation of the University's committee system; shall keep a record of the names, functions and membership of all committees in an office; shall keep files of the minutes of committees and shall make an annual review of the University committee system, including the functions and responsibilities of each of the committees; and shall submit an annual report to the general faculty.
ARTICLE B-VI. REVIEW FUNCTIONS OF THE FACULTY
Section 1. Areas of Application
The faculty shall express its judgment on administrative action by giving an opinion and recommendation on any case presented to it which raises an issue of salary, the nature or conditions of work, due process in the granting of rank/tenure and other pertinent matters of faculty concern.
Section 2. The Faculty Board of Review
The review function of the faculty shall be exercised by the Faculty Board of Review. The Faculty Board of Review shall be composed of seven regular members and two alternate members; each member must be a tenured member of the teaching faculty. When issues dictate, up to two student members may be added to the Board. The Faculty Senate shall elect at least three regular members and two alternate members each year from a slate of nominees presented by the Executive Committee as the Faculty Board of Review. The Executive Committee shall recommend to the Faculty Senate the chair for the Faculty Board of Review Committee and require Faculty Senate approval of that appointment via motion. Regular members shall hold office after the last day of spring semester for a term of two years; alternate members shall hold office following the last day of spring semester for a term of one year. A member shall complete the review of any case in which consideration began prior to the expiration of the member's term of office. At least one year shall elapse between terms of office. No more than one member of the Faculty Board of Review shall serve at any one time from a single department of the University, or where departments do not exist, from any single program.
Section 3. Responsibilities of the Faculty Board of Review
The Faculty Board of Review shall principally be concerned with, but not limited to, retention of tenured faculty, cases of academic due process with regard to granting of tenure/promotion, salary, work conditions and other pertinent matters of faculty concern.
Section 4. Faculty Code of Rights and Responsibilities
4.1 Academic Freedom, Tenure, Discipline and Termination
The faculty code of rights and responsibilities adopted by the Faculty Senate on February 25, 1975, as amended, is hereby incorporated into these Bylaws by reference and is in every respect an integral part of these Bylaws. All disputes shall be governed by the Faculty Code of Rights and Responsibilities.
Any member of the faculty desiring a review of administrative action in these areas shall request in writing a hearing by the Faculty Board of Review. The Faculty Board of Review shall reserve the right to either hear a case or reject it for hearing.
4.3 Procedure of the Faculty Board of Review
The Faculty Board of Review shall make its own investigations as it deems necessary or advisable in formulating its recommendation. University legal counsel should be consulted with respect to procedure before the Board makes its recommendation. The opinion and recommendation of the Board shall be forwarded in writing to the appropriate administrative official or officials and to the faculty member concerned. The appropriate administrative official shall state in writing the decision with reasons thereof within 20 (twenty) days after receipt of the recommendation. This statement also shall be sent to the faculty member concerned.
Public statements either by faculty members or by administrative officials about cases before the Faculty Board of Review should be avoided. Any announcement of the final decision should include either the complete statement or a fair abridgement of the recommendation of the Faculty Board of Review if it has not previously been released.
4.5 Report to the Faculty Senate
The Faculty Board of Review shall report annually to the Faculty Senate the number and types of cases presented to it and indicate the number of cases in which it was recommended that the faculty member be sustained.
Section 5. Disqualification
If a member of a Faculty Board of Review is involved in a case before the Board, or is a member of a department from which a case arises, that member shall be disqualified to hear or investigate the case.
Section 6. Personal Disqualification
Members of the Faculty Board of Review shall disqualify themselves from hearing or investigating a case whenever they believe they cannot render an impartial judgment.
Section 7. Appointment of Temporary Member
Whenever a member of the Faculty Board of Review is disqualified by the terms of Sections 5 or 6 above or is no longer a member of the teaching faculty, the Executive Committee shall appoint one of the elected alternate members to fill the vacancy for the particular case pending before the Board. If no alternate members remain to fill the vacancy, the Executive Committee shall appoint a member to fill the vacancy for the particular case pending before the Board.
Section 8. Disposition of Records
Accurate and complete records will be maintained by the Board of Review on all cases presented to them. These records will be classified as "private data" under the Utah Information Practices Act and will be sealed and filed through the President's Office. Permission to examine the record of cases other than those under consideration must be obtained from the president of the University and be consistent with the Utah Information Practices Act.
ARTICLE B-VII. QUORUMS
Section 1. Faculty Senate Quorum
A majority of elected members shall constitute a quorum of the Faculty Senate.
Section 2. Committee Quorums
On all committees of the Faculty Senate, a majority of voting faculty members shall constitute a quorum, unless otherwise specified.
ARTICLE B-VIII. PROCEDURES TO FORMALIZE SENATE ACTIONS
Section 1. Voting in the Faculty Senate
All actions of the Senate shall be by majority vote of those present and eligible to vote, provided a quorum is present, unless otherwise specified in the Constitution and Bylaws. A vote by roll call shall be mandatory upon a motion made by one Senate member and supported by one-fifth of the Senate members present and eligible to vote.
Section 2. Effective Dates of Action Taken
If neither the faculty nor the president calls for a review of Senate action, such actions shall become effective 21 (twenty-one) days after original passage, unless the Senate votes to suspend or rescind the action, or both the president and chair of the Senate agree to an extension of time for a specified period to permit further negotiation, or either the president or the Senate elects to submit an unresolved conflict to the Board of Trustees.
Section 3. Transmittal to the Board of Trustees
Faculty Senate decisions that require action by the Board of Trustees shall be transmitted promptly by the president to the Board of Trustees and shall become effective upon approval by the Trustees. The Board of Trustees may overrule any action of the Faculty Senate.
Section 4. Transmittal to the Board of Trustees and the Board of Regents
Faculty Senate decisions that require action by both the Board of Trustees and the Board of Regents shall be transmitted promptly by the president to the Board of Trustees. Upon approval by the Trustees, decisions shall be forwarded by the president to the Board of Regents and shall become effective upon approval by the Regents.
ARTICLE B-IX. PARLIAMENTARY AUTHORITY
Section 1. Authorities Utilized
The meetings of the Faculty Senate and its committees shall be conducted in accordance with the rules prescribed in the most recent edition of Robert's Rules of Order except as may be provided otherwise by the Constitution and Bylaws. The parliamentarian to the Senate shall be appointed by the Executive Committee.
ARTICLE B-X. POLL AND CHALLENGE PROCEDURE
Section 1. Poll Procedure
At the request of one-tenth of the faculty or one-third of the Senate, the various representatives of the organizational units shall poll their members on any issue before the Senate.
Section 2. Challenge Procedures
Upon petition to the chair of the Senate, signed by one-tenth of the members of the general faculty, any vote of the Faculty Senate shall be submitted to the general faculty at a meeting that shall be called for that purpose. This petition must be submitted to the chair not more than 14 (fourteen) days after the minutes of the Faculty Senate are distributed. The meeting of the general faculty must be held in not more than 14 (fourteen) days after the petition has been submitted (Saturdays and Sundays shall be included). The chair or one whom the chair may designate will preside. In computation of elapsed time, as provided for in this section, the 14 (fourteen) day period excludes vacation periods and academic holidays. The person initiating the objecting petition shall select at least two other signees of the petition to form a committee to propose and lead the presentation of the case for the opposition. The composition of this committee shall be published in the call to meeting of the general faculty. The meeting shall be conducted according to the same parliamentary authority that governs meetings of the Faculty Senate and its committees. Amendments to the Senate's action may be adopted at this meeting; however, no final vote on the original action of the Senate, on an amended action or on a new proposal, shall be taken at this meeting.
Voting on such a referendum shall be conducted by a secret mail ballot, as prescribed in the Bylaws. A majority of the legal votes cast shall be conclusive, provided that this majority also represents a majority of the general faculty. If a majority of the general faculty does not cast valid votes, the Faculty Senate action shall stand.
ARTICLE B-XI. RECONSIDERATION BY THE FACULTY SENATE
Section 1. Veto Procedures
When the action of the Senate does not meet with approval of the president, the president shall return it, together with the reasons for vetoing it, to the Executive Committee within 21 (twenty-one) days. The Executive Committee shall resubmit the action to the Senate with a motion to reconsider. The Senate shall decide whether to suspend, rescind, amend or confirm its previous action. If the Senate reconfirms its previous action, it shall direct the Executive Committee to prepare an explanatory statement of the Senate's position. If, after the Senate's response to the president's disapproval has been transmitted to the president, agreement between the Senate and president cannot be reached, either party may elect to submit the matter to the Board of Trustees. Such transmittal from the Senate shall be through the president.
Section 2. Board of Trustees' Requests
If the Board of Trustees shall request further information on a matter from the Senate, the Executive Committee shall represent the Senate at the invitation of the Board of Trustees.
ARTICLE B-XII. CLOSED SESSION OF THE SENATE FOR FACULTY MEMBERS
Section 1. Closed Session
The faculty and student representatives of the Faculty Senate shall have the right to a closed session for discussion purposes only. This session will be held upon a motion of a faculty or student member of the Faculty Senate and approval of two-thirds of the faculty and student members present. The motion shall state the issue or issues to be discussed. Such a motion will take precedence over any business on the floor. The meeting will be chaired by the chair of the Faculty Senate. After the discussion has been completed, the administrative members will be called back to the regular session.
ARTICLE B-XIII. AMENDMENTS
Section 1. The Amending Process
These Bylaws may be amended by a two-thirds majority vote of the Faculty Senate present and eligible to vote at a regular Senate meeting, but a proposal to amend the Bylaws may not be voted upon at the meeting at which it is first moved.