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FACULTY SENATE CONSTITUTION AND BYLAWS | No. 1-13 | Rev. 2-11-97 |
| 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 I. THE GENERAL FACULTY
Section 1. Membership
The general faculty membership shall be composed of faculty members holding full-time
appointments, with the rank of professor, associate professor, assistant professor,
instructor or instructor specialist, 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 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.
2.1.3 curriculum
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, Elections and
Apportionment. 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 Associated Students of Weber State University. 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 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 mail ballot, conducted by the
secretary of the Senate and by three tellers appointed by the chair of the Senate. A
ballot shall be valid only if returned in two envelopes provided by the secretary, with
the outer envelope signed, and if received by the secretary of the Faculty Senate within
15 (fifteen) days after the date on which ballots were mailed to the general
faculty. A faculty member who wishes to abstain from voting shall submit a blank
ballot in envelopes sealed and signed in the prescribed manner. At the end of ten
(10) days, the secretary shall send a second ballot, plainly marked, to all members of the
faculty who have not yet submitted ballots. At the end of the 15- (fifteen-) day
period, the ballots shall be counted and the results announced.
ARTICLE 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 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 quarter during the regular
academic year, may appoint a representative to attend Faculty Senate meetings for that
quarter. 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 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 of membership by the Faculty
Senate at its March meeting, 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 April 7.
7.2 During the second week of April, 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.
The highest vote recipient from each academic college shall serve as an elected member of
the Executive Committee. The next highest two-vote recipients shall also be elected to the
Executive Committee; however, 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, elected in April of each year, shall be designated as
"Senators-elect." They shall assume their duties as of July 1 and continue in
office until June 30 of 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 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. The secretary shall conduct referendums when directed to do so by the
Senate or by the Constitution and Bylaws.
ARTICLE 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 April, those senators-elect and those
senators whose term of office shall continue beyond July 1 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 July 1 and terminate June 30
of the following year.
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 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 and General Education
The Committee on Curriculum and General Education shall study and evaluate the
curriculum and general education needs of the University, initiate new programs and revise
old ones and consider specified proposals of instructional departments or individual
faculty members.
4.6 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.
4.7 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.
4.8 Committee on Salary, Benefits, Budget and Fiscal Planning
The Committee on Salary, Benefits, Budget and Fiscal planning shall study, evaluate and
make recommendations on salaries, salary schedules, cost of living, retirement plans,
annuities, health and life insurance, hospital plans, other faculty benefits, budget and
fiscal planning.
This Committee shall not exceed ten 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.
4.9 Committee on Teaching, Learning and Assessment
The Committee on Teaching, Learning and Assessment shall endeavor to enhance the
learning environment. It shall study, evaluate, and make recommendations on issues
affecting the teaching environment and the assessment of student learning. It shall also
advise the chair of the committee and coordinate the activities of the Forum for Teaching
and Learning.
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 two-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 May 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
quarter 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 quarter 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 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 Senate
shall designate one of the regular members as the chair. Regular members shall hold office
from the first day of July for a term of two years; alternate members shall hold office
from the first day of July 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.
4.2 Hearing
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.
4.4 Publicity
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 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 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.
ARTICLE 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 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 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 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 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.