BYLAWS OF THE CAPITAL UNIVERSITY FACULTY (Approved February 18, 2009 by the vote of THE FACULTY) (Amended January 29, 2010 by the vote of THE FACULTY) (Approved February 26, 2010 by the Board of Trustees) (Amended May 3, 2011 by the vote of THE FACULTY) (Amended February 7, 2013 by the vote of THE FACULTY) (Approved June 2, 2014 by the Board of Trustees) PREAMBLE WE the University Faculty of Capital University are committed to fostering an environment in which liberal and professional academic disciplines flourish; in which learning is pursued by both students and Faculty members with a commitment to excellence; and in which students receive the instruction, evaluation, and guidance they need to progress in their own mastery of both the general and specialized aspects of higher education. To that end, an effective structure for faculty governance is necessary. WE the University Faculty of Capital University, in order to create a more effective structure of faculty governance, in order to create a more effective means of communication and transparency between faculty members, in order to create a more effective means of communication and transparency with the Administration and with the Board of Trustees, and in order to foster an environment in which liberal and professional academic disciplines at Capital University shall flourish, do hereby ordain and establish these bylaws. Nothing in these faculty bylaws shall cancel, rescind, or otherwise negate any of the powers and rights of the faculty, or any other processes and procedures related to the safeguarding of such powers and rights, as set forth in the University Faculty Handbook, or any of its supporting academic unit handbooks. Nothing in these faculty bylaws shall cancel, rescind, or otherwise negate the respective powers and rights of the Board of Trustees, the administration, or the Faculty, as set forth in the governing documents of Capital University. Through these bylaws the faculty of the University shall recommit to fulfill its responsibilities in the shared governance structure of Capital University. This includes the faculty of the University making recommendations to the administration and Board of Trustees to establish or discontinue departments of instruction, to determine courses of study, and to establish the requirements for admission and graduation. With a commitment to these goals, we adopt these bylaws to guide our work together. 1
BYLAW I THE FACULTY Section 1. The powers of faculty governance granted herein shall be vested in THE FACULTY, the FACULTY SENATE, the COLLEGE FACULTY and the LAW SCHOOL FACULTY. The voting membership of THE FACULTY shall be decided by the tenured and tenure-track members of the faculty of each School. For the purposes of these bylaws, voting faculty members of all the Schools of the College and the Law School shall be the members of THE FACULTY of Capital University. Each School shall provide its list of members of THE FACULTY to the Secretary of the FACULTY SENATE, no later than April 1. Section 2. THE FACULTY shall function as a body of the whole for the University, and shall have the powers including, but not limited to, the following: (1) To amend these bylaws, as set forth more fully in BYLAW V. At least forty percent (40%) of the voting members of THE FACULTY must vote for the vote to be valid. Assuming the requisite number have voted (at least 40% of the voting members of THE FACULTY), a simple majority shall carry the motion to amend, provided such amendment was provided to THE FACULTY one week (7 days) prior to the meeting of THE FACULTY, as set forth in BYLAW V. Voting may be conducted by electronic means. (2) To modify, rescind, or approve FACULTY SENATE actions. At least forty percent (40%) of the voting members of THE FACULTY must vote for the vote to be valid. Assuming the requisite number have voted (at least 40% of the voting members of THE FACULTY), a simple majority shall carry the motion to modify, rescind, or approve, provided the motion was provided to THE FACULTY one week (7 days) prior to the vote. Voting may be conducted by electronic means. (3) To propose FACULTY SENATE actions. A proposal for FACULTY SENATE action by a majority of the combined full-time and three-quarter time faculty members of any one School of the College, or by a majority of the full-time and three-quarter time faculty members of the Law School, or by a proposal of ten percent (10%) of the voting members of THE FACULTY, such a vote may be conducted by electronic means after presentation to any member of the FACULTY SENATE Executive Committee, shall be placed upon the FACULTY SENATE agenda for a vote, provided that the FACULTY SENATE was provided one week (7 days) notice prior to the Senate meeting in which the vote will be taken on the proposal for action. (4) To call the FACULTY SENATE into session. The FACULTY SENATE may be called into session by the submission of a petition to the Senate Executive Committee to do so by twenty percent (20%) of the voting members of THE FACULTY. Such a petition may be conducted by electronic means. 2
(5) To elect a Faculty Marshal. There shall be an honorary and ceremonial position of Faculty Marshal, who shall be a tenured member of THE FACULTY with the rank of Professor, elected by the tenured and tenure-track members of THE FACULTY to serve a renewable term of three years. The Senate Executive Committee shall nominate one or more candidates for Faculty Marshal as needed during March for election no later than April, with the term beginning May 15. The Marshal shall be accorded a place of honor at all ceremonial functions in which THE FACULTY participates and represent THE FACULTY at other ceremonial events when invited by the President to do so. (6) To meet. There shall be at least two scheduled meetings of THE FACULTY each academic year, one at the beginning of the academic year and one at the end. Other meetings shall be called as required by the Chair of the FACULTY SENATE or its Executive Committee. The Chair of the FACULTY SENATE shall call and chair the meetings of THE FACULTY. If the Senate Chair is absent, the Vice Chair of the FACULTY SENATE shall call and preside over the meetings; in the absence of either, the FACULTY SENATE or its Executive Committee may choose a Chair. The President of Capital University shall call meetings of THE FACULTY if and when required by the University Constitution. (7) Elect representatives to the FACULTY SENATE standing committees. See BYLAW III. BYLAW II THE FACULTY SENATE Section 1. The FACULTY SENATE shall be the elected representative body of THE FACULTY. It shall be the primary legislative body of THE FACULTY and the primary facilitative and communicative body of THE FACULTY with the Administration and the Board of Trustees. The FACULTY SENATE s powers shall include making recommendations to the Administration and the Board of Trustees with regard to all matters within the jurisdictional scope of the senate standing committees and any matters referred to it by THE FACULTY, including, but not limited to, the academic vision and mission of the University, the technological requirements for the academic mission, faculty rights and responsibilities, the Academic Affairs of the University, and the planning and allocation of resources as these affect the academic vision and mission of the University. It shall be charged with having a University-wide perspective on all matters under faculty governance. A quorum shall consist of fifty percent (50%) of its membership. Once a quorum is achieved, a simple majority vote of members then present shall carry all FACULTY SENATE actions, provided that notice of the actions was given in the agenda to all Senators and to THE FACULTY one week (7 days) prior to the meeting. 3
Section 2. The Senators: (1) Senators shall be chosen by the full-time and three-quarter time faculty members of the Schools of the College and by the full-time and three-quarter time faculty members of the Law School. Each School within the College, and within the Law School, shall elect one Senator for every ten (10) full-time and three-quarter time faculty members of the School, rounding up to the nearest multiple of ten (10) to determine the total number of Senators from a School, or from the Law School. (2) Senators shall serve for a three-year term (see term of Senate Chair below for exceptions), staggered within each unit as the Senate shall direct. (3) Unless the FACULTY SENATE otherwise provides, new Senators shall ordinarily be elected by April 15 of each year. Terms of Senators shall begin on a date chosen by the FACULTY SENATE, ordinarily between May 1 and May 15 of each year. (4) In addition to the Senators listed above, a maximum of six (6) At-Large Senators may be elected, three of which may be elected in any one year. At-Large Senators will serve a two-year term and can be re-elected once. Upon completion of their term or terms, At-large Senators may be elected to a traditional Senatorial term and will be subject to the same term conditions. At-Large Senators will be nominated and elected under the following conditions: a. Ballot Access: The At-Large candidate must present the Senate Executive Committee with a petition for ballot access signed by at least 10 voting members of THE FACULTY, five of the voting members must be housed in different schools ( schools includes the schools of the College and the Law School). This petition shall be submitted to the Senate Executive Committee by March 15. b. Election: The Senate Executive Committee shall disseminate to THE FACULTY, prior to April 15, the slate of candidates who have complied with the ballot access requirements listed above. Those candidates receiving the greatest number of votes from the voting members of THE FACULTY, up to a maximum of 3 At-Large Senators at any one time, shall be elected. (5) The full-time and three-quarter time faculty members of a School within the College, or within the Law School, shall retain the authority to remove and replace its Senators if, in their judgment, such Senators are not adequately representing them. (6) Duties of Senators shall include but not be limited to the following: Be aware of all governance bylaws and documents specifically related to the Senate and be able to reference said documents when discussing governance issues with constituents. 4
Provide discussion and action items for the FACULTY SENATE Agenda to the FACULTY SENATE Executive Committee. Attend scheduled FACULTY SENATE meetings in a prepared manner, making every reasonable effort to send a substitute if attendance is impossible. Seek and advocate constituency views regarding FACULTY SENATE business during FACULTY SENATE meetings, including the major position, the minor position, and your individual position (stating all issues related to the FACULTY SENATE business at hand). Represent the interest of the school s faculty through FACULTY SENATE votes. Facilitate FACULTY SENATE business in a manner that strikes a balance between the interests of immediate constituents and the common good of the university community as a whole. During academic unit faculty meetings, substitute for the school s at-large officer on the Executive Committee as needed to report and discuss FACULTY SENATE issues in a timely and effective manner. Section 3. The Officers: The Officers of the FACULTY SENATE shall be a Chair, Vice Chair, and Secretary, each of whom shall be from different Schools within the College and the Law School. The officers will be elected normally by April 15, and no later than the end of the academic year, from and by the FACULTY SENATE. The Chair and Vice Chair of the FACULTY SENATE shall be faculty representatives, and ex officio members, of the Board of Trustees. There shall also be at-large officers from the schools, not represented by the Chair, Vice Chair, or Secretary, on the FACULTY SENATE Executive Committee. (1) The Chair: The Chair shall serve a two-year term. The new Chair shall ordinarily be elected by April 15 of the respective year. If the Chair is elected at the end of the second year of his/her term as Senator, the term will automatically be extended for one year, to a maximum of four years. The Chair shall be a member of the Executive Committee and preside over its meetings. The duties of the Chair shall include, but not be limited to, the following: (a) Preside over the FACULTY SENATE meetings. In the absence of the Chair, the Vice Chair shall preside. If both are absent, the Senators present shall choose an Acting Chair. By August 1, determine the meeting schedule for the upcoming year. For each meeting, determine the agenda and distribute the agenda, including written minutes/reports if available, to all faculty and administrators via email one week prior to each meeting (Note: this responsibility may be delegated to the Secretary). Moderate meeting discussions and debates in a manner that provides an equal opportunity for all voices that wish to be heard. 5
(b) (c) (d) (e) (f) (g) (h) (i) (j) Oversee the organization of all FACULTY SENATE elections. March: Create a slate of officers for the forthcoming academic year and send notice to the Schools regarding term replacements for the upcoming academic year. April or May: Vote on Executive Committee membership. Oversee all FACULTY SENATE standing (including the Executive Committee) and Ad Hoc committees. Such duties to include, but not being limited to, request for meetings as required or needed, request for committee reports or findings as appropriate, inclusion of committee minutes or findings in FACULTY SENATE minutes, scheduling of committee interactions with the FACULTY SENATE as requested or needed. Communicate, coordinate, and facilitate all faculty governance issues to the Administration and to the Board of Trustees. Attend meetings of the President s Cabinet. Communicate, coordinate, and facilitate all faculty governance issues with THE FACULTY. Attend scheduled meetings of the Board of Trustees (Plenary) and selected Board of Trustees committee(s). Meet as contracted and/or reasonably requested by the Administration to discuss Senate Business. Meet regularly, usually twice each month, with the university president (according to the president s availability) to discuss university issues related to faculty governance. One of these meetings will include the FACULTY SENATE executive committee. Assist the University community, as needed, in clearly understanding the role and responsibilities of the FACULTY SENATE. Call and chair meetings of the FACULTY SENATE Executive Committee. (k) Serve as Chair of THE FACULTY when required by BYLAW I. (l) Respond in a timely manner to members of the FACULTY SENATE Executive Committee, Senators and Administration, as needed. (m) Carry information and issues between the academic units, the schools, and the FACULTY SENATE Executive Committee. (n) Collaborate with the President, Provost, school deans, associate deans, or assistant deans to secure a standing position on the relevant agenda to carry out FACULTY SENATE business. 6
(2) The Vice Chair: The Vice Chair shall serve a one-year term. The new Vice Chair shall ordinarily be elected by April 15 of the respective year. The Vice Chair shall be a member of the Executive Committee of the FACULTY SENATE. The duties of the Vice Chair shall include, but not be limited to, the following: (a) Substitute for the Chair whenever required. (b) Serve as Chair of THE FACULTY when required by BYLAW I. (c) (d) (e) (f) (g) (h) (i) Present issues for placement on the FACULTY SENATE agenda. Attend scheduled meetings of the Board of Trustees (Plenary). Attend scheduled meetings of the FACULTY SENATE Executive Committee. Serve as representative to the Board of Trustees University Resources Committee; serve as chair of the Budget Committee described in Bylaw III. Respond in a timely manner to members of the FACULTY SENATE Executive Committee, as needed. Carry information and issues between the academic units, the schools, and the FACULTY SENATE Executive Committee. Collaborate with the President, Provost, school deans, associate deans, or assistant deans to secure a standing position on the relevant agenda to carry out FACULTY SENATE business. (3) The Secretary: The Secretary shall serve a one-year term. The new Secretary shall ordinarily be elected by April 15 of the respective year. The Secretary shall be a member of the Executive Committee of the FACULTY SENATE. The duties of the Secretary shall include, but not be limited to, the following: (a) Record the minutes of: (i) the FACULTY SENATE meetings (distribute to Senators, Capital Web Manager, and Communications); (ii) the Executive Committee meetings (distribute to members of Committee); meetings of THE FACULTY (distribute via Communications). Once approved, no additions, deletions or changes of the minutes without a vote of THE FACULTY shall be made. (b) Present issues for placement on the FACULTY SENATE agenda. (c) Substitute for the Vice Chair whenever required. 7
(d) Attend the scheduled meetings of the FACULTY SENATE Executive Committee. (e) Serve as chair of the Planning Committee described in Bylaw III, and shall also serve as a representative to the Board of Trustees University Resource Committee. (f) Read out faculty comments on discussion items provided by members of the faculty unable to attend. (g) March: Create a slate of candidates for both traditional and At-large senatorial elections for the upcoming year and disseminate to THE FACULTY for a vote in April. (h) Respond in a timely manner to members of the FACULTY SENATE Executive Committee, as needed. (i) (j) Carry information and issues between the academic units, the schools, and the FACULTY SENATE Executive Committee. Collaborate with the President, Provost, school deans, associate deans, or assistant deans to secure a standing position on the relevant agenda to carry out FACULTY SENATE business. (4) At-Large Officers: The FACULTY SENATE Executive Committee shall have one At-Large officer from each school of the College and the Law School not represented by the Chair, Vice Chair and Secretary. The At-Large officers shall be elected from and by the school s representatives to the FACULTY SENATE. At-Large Officers shall: (a) (b) (c) (d) (e) (f) Present and discuss issues for placement on the FACULTY SENATE Agenda. Substitute for the Secretary whenever required. Attend scheduled meetings of the FACULTY SENATE Executive Committee. Respond in a timely manner to members of the FACULTY SENATE Executive Committee, as needed. Carry information and issues between the academic units, the schools, and the FACULTY SENATE Executive Committee. Collaborate with the President, Provost, school deans, associate deans, or assistant deans to secure a standing position on the relevant agenda to carry out FACULTY SENATE business. 8
Section 4. The FACULTY SENATE shall meet twice per semester or more often, if business so requires. All members of THE FACULTY, or the University community, may attend with privilege of voice but no vote unless the FACULTY SENATE by a two-thirds vote determines that closure or limited debate is necessary. Such closure should be rare and undertaken only for the most compelling reasons. The FACULTY SENATE may adopt a policy regarding invitations to those not a member of THE FACULTY. It is an expectation that the Chair and Vice Chair of each standing, special, or Ad Hoc committee shall attend every FACULTY SENATE meeting, unless the Executive Committee determines otherwise. BYLAW III THE FACULTY SENATE COMMITTEES Section 1. Unless otherwise noted, every standing committee of the FACULTY SENATE shall consist of one representative from each school in the College and the Law School chosen as the voting members of THE FACULTY of each School determine (see BYLAW I above). All standing committee members will be voting members of the faculty of the School choosing them. Standing committee members shall be chosen for three-year terms, staggered as the FACULTY SENATE shall determine. The FACULTY SENATE may add additional faculty members, administrators, or students to such committees with privilege of voice but not vote. The FACULTY SENATE shall determine the appropriate representatives of its ad hoc, special, or advisory committees, whose terms will end with the completion of the task(s) assigned to the committee. All temporary and standing committees will report to the FACULTY SENATE, which will vote on all recommendations made by such committees and forward, if appropriate, to THE FACULTY for discussion and vote. Section 2. Ordinarily, new standing committee members shall be elected by April 15 of each year to a renewable three-year term which begins on May 1. A committee member who serves on the same committee for two consecutive terms may not serve on that committee during the subsequent three years. Each committee shall hold an organizational meeting during May prior to the close of the academic year, so that it may begin work as soon as fall semester begins. Each committee shall elect a chair annually and, if the FACULTY SENATE, these bylaws, or the committee deems it to be advisable, a Vice Chair or Secretary or both. The voting Faculty members of each school shall decide how that school will fill vacancies on FACULTY SENATE committees and how to choose replacements for committee members who have sabbaticals or leaves of absence. Such replacements are bound by the term limits stated above. Section 3. Committees may recommend policy changes to the FACULTY SENATE for approval. Committees acting in an adjudicative capacity (e.g., hearing committees considering grievances), will act as the committee s authority is described in the Faculty Handbook. Section 4. The standing committees of the FACULTY SENATE shall include the Executive Committee, the Academic Affairs Committee, the Budget Committee, the 9
Planning Committee, the Faculty Rights and Responsibilities Committee, the Technology Committee, the Faculty Governance Committee, and the Graduate Program Committee. a. The Academic Affairs Committee (AAC) shall: (1) Consist of one representative from each school of the College and the Law School, and members of the student body, as the committee shall see fit to appoint, with the Provost, Dean of the College, and Dean of the Law School, as ex officio members. The committee shall name three members, two from the College and one from the Law School, to serve as liaisons to the Academic Affairs Committee of the Board of Trustees. The committee shall also name two members, one from the College and one from the Law School, to serve as liaisons to the Student Affairs Committee of the Board of Trustees. (2) Evaluate and make recommendations to the Senate regarding the academic mission of the University, from a university-wide perspective and with the primary purposes of reducing redundancies and increasing collaboration among the faculty. Evaluate and make recommendations to the Senate regarding new academic majors, minors, programs and degrees that are not school-specific or that involve two or more schools (e.g., University Competency Assessment Panel, the Honors Program, and dual-degree programs). They shall review the academic policies portion of the Undergraduate Bulletin as needed. They shall serve as the umbrella committee for the following committees: (a) The Assessment Committee. The Assessment Committee shall: 1. Consist of one representative from each school of the College and the Law School, one representative from two University administrative divisions, to be appointed by the corresponding Vice President, the Director of Institutional Research, and members of the student body, as the committee shall see fit to appoint, with the Provost, Dean of the College, and Dean of the Law School as ex officio, non-voting members. Each department in the College without a representative to the Assessment Committee shall elect a liaison that will, in collaboration with the school s elected representative, work to ensure that all faculty are represented. In addition, one administrative representative from the Law School will serve as a liaison as well as each University administrative division without a representative on the Committee will furnish a liaison. All representatives shall have a three-year term, staggered to preserve a historical, institutional perspective. The Committee shall name one member to serve as a liaison to the Senate Academic Affairs Committee. 2. Facilitate and review the processes by which all university programs assess learning outcomes and services supporting students, consistent with our mission. The Committee will also develop procedures to ensure that all programs, academic and 10
non-academic, undergo regular assessment. The Committee shall be provided with copies of all assessment reports (and supporting documentation, as needed), and will work with the administration to compile and maintain an assessment database. 3. Serve as an umbrella committee to the Higher Learning Committee Assessment Academy. (b) The College Curriculum Committee, where appropriate. (c) Academic Program Review: 1. Academic Program Review is designed to enhance Capital University s mission by providing opportunities for programs and departments to obtain necessary support and continually improve. 2. The Faculty Senate Academic Affairs Committee (ACC) will evaluate departments and programs on criteria that align with those required for the institution s continued regional accreditation (e.g., mission and integrity; preparing for the future; student learning and effective teaching; acquisition, discovery, and application of knowledge; and engagement and service 1 ). This evaluation will be a collaborative process between the AAC and the program reviewed, fostering self-study and reflection. 3. The AAC shall be responsible for reviewing 2 or 3 academic programs (e.g., programs involved in the admission and instruction of students) per year and collaboratively participating in the review of non-academic programs. For purposes of Academic Program Review, the AAC shall expand to include an additional representative from each school, elected by each School s faculty. The AAC shall notify, in writing, the chairs, deans, or directors of each program to be reviewed no later than the fall semester prior to the year of review. Each program reviewed by the AAC may nominate a representative of their program who shall be entitled to attend, as an ex officio member, all AAC meetings pertaining to that program s review. 4. Academic Program Review ordinarily will coincide with a department s or a program s external accreditation. 5. Academic Program Review will utilize multiple data sources to ensure a fair and accurate assessment of each program. Programs undergoing external accreditation review will primarily utilize 1 The Higher Learning Commission. (2003). Institutional Accreditation: An Overview. http://www.ncahlc.org/download/2003overview.pdf 11
information compiled in connection with their external accreditation. In order to enhance the efficiency of the review process, programs undergoing review will have appropriate administrative support to assist in the compilation of data. 6. The findings and recommendations of Academic Program Review will be communicated to the department or program, to the Provost, and to the Chair of the Faculty Senate. These recommendations, advisory in scope, and intended to maintain the critical role of independent and/or external accreditation and licensing requirements, will help inform Administration for purposes of deciding academic issues and allocations. 7. The Administration, appropriate faculty decision-making bodies, and the program or department reviewed, will report back to the Senate with their responses to the review within one calendar year. (3) Meet at a consistent time that is published for the information of the University community. (4) Consider and take appropriate action on those items referred to it by the Provost, the Dean of the College, the Dean of the Law School, the FACULTY SENATE, individual faculty, or others concerning academic affairs matters. All business should go to the Chair of the Academic Affairs Committee at least one week before the next published meeting time. The Committee is required to act in some way on all proposals sent to it. (5) Coordinate as requested with the Honors Committee and the Assessment Committee. (6) Consider other matters submitted to it by the FACULTY SENATE or the Executive Committee. b. The Budget Committee (BC) shall: (1) Be chaired by the Vice Chair of the FACULTY SENATE, who shall also serve as a liaison to the Board of Trustee s University Resources Committee. The Vice Chair shall also serve as liaison, or may appoint a substitute from the BC to serve in his or her place, on the Budget/Finance, Investment, and Human Resources sub-committees of the Board of Trustees. (2) Include, in addition to representatives from each school in the College and the Law School, representatives from the Academic Affairs Committee, the Planning Committee, and the Technology Committee. Representatives of the Academic Affairs, Planning, and Technology committees will help inform the discussion and ensure that the needs of the faculty are understood and represented to the administration and the Board of Trustees. All members shall 12
have voice and vote. Additionally, the Secretary of the COLLEGE FACULTY shall serve as an ex officio member. (3) Communicate and collaborate with the administration regarding budgeting and prioritization of short and mid-term budgetary goals and resource utilization. (4) Serve as an advocate of the Faculty with regard to salary and fringe benefits. (5) Consider other matters submitted to it by the Senate or the Executive Committee. c. The Executive Committee (EC) shall: (1) Be comprised of the Chair, Vice Chair, Secretary, the at-large officers of the FACULTY SENATE, and the Chair of the COLLEGE FACULTY as an ex officio member. (2) Set the agenda for meetings of the FACULTY SENATE. (3) Receive requests for, and call, meetings of THE FACULTY, as necessary. (4) Perform other duties as requested by THE FACULTY, including but not limited to the powers enumerated in Bylaw I, Section 2, clauses 3 and 4, and the FACULTY SENATE. (5) Communicate and advocate on behalf of THE FACULTY with the administration and the Board of Trustees. d. The Faculty Rights and Responsibilities Committee (FRRC) shall: (1) Formulate policies and procedures to safeguard and protect the rights of the instructional Faculty as members of the academic community. Instructional Faculty means all members and associate members of THE FACULTY as defined in the Faculty Handbook. The committee shall name a committee member to serve as liaison to the Governance Committee of the Board of Trustees. (2) Formulate standards of responsibilities expected of the instructional Faculty as members of the academic community. (3) Perform the functions assigned to it by, and execute and implement the relevant provisions of, the Faculty Handbook and other university documents that assign tasks to this committee. e. The Technology Committee (TC) shall: (1) Facilitate use of technology in teaching/learning, scholarship and service. The committee shall name two committee members, one from the College and one from the Law School, as liaisons to the Technology Committee of the Board of Trustees. 13
(2) Encourage and advocate maintenance of, expansion of, and access to curriculum-based technology resources. (3) Facilitate integration of technology in the university core curriculum. (4) Consider other matters submitted to it by the FACULTY SENATE or the Executive Committee. f. The Planning Committee (PC) shall: (1) Be chaired by the Secretary of the FACULTY SENATE, who shall also serve as a liaison to the Board of Trustee s University Resources Committee. The Planning Committee Chair shall also serve as a liaison, or may appoint a substitute from the Planning Committee to serve in his or her place, on the Facilities, Enrollment Management, and University Advancement subcommittees or committees of the Board of Trustees. (2) Include representatives from each school in the College and the Law School, and representatives from the Academic Affairs, Technology, and Budget Committees, with the Provost, Dean of the College, and Dean of the Law School, as ex officio members. (3) Communicate and collaborate with the administration and the Board of Trustees regarding long-term and strategic planning affecting the vision and mission of the university, and the long-term allocation of resources affecting faculty matters. (4) The Planning Committee Chair and the Planning Committee, in consultation with the Executive Committee, shall appoint Faculty representatives to university committees relating to strategic and long-term planning. (5) Consider and take appropriate action on those items referred to it by the Provost, the Dean of the College, the Dean of the Law School, the FACULTY SENATE, or individual members of THE FACULTY. All business should go to the Chair of the Committee at least one week before the next published meeting time. g. The Faculty Governance Committee (FGC) shall: (1) Consist of one representative from each school of the College and the Law School, with the Vice-Chair of the COLLEGE FACULTY Executive Committee and the Chair of the Law School Faculty (or other appointed Law School member) as ex officio members. The committee shall elect a Chair from the voting members who shall serve as a liaison to the Governance Committee of the Board of Trustees. (2) Monitor, consult, facilitate, communicate, and coordinate on all faculty governance matters including, but not limited to, proposals for improving, modifying (e.g., limiting voting requirements to college-specific or Law Schoolspecific voting), or restructuring the faculty governance structure contained in 14
these bylaws and in any other document(s) setting forth a faculty governance structure at the University. The committee shall serve as the umbrella committee for, and to, the following committees and/or bodies: (a) The College Faculty Executive Committee, on all matters referred to it on faculty governance. (b) And the Law School, on all matters referred to it on faculty governance. (3) Meet at a consistent time that is published for the information of the University community. (4) Consider and take appropriate action on those items referred to it by the Provost, the Dean of the College, the Dean of the Law School, the FACULTY SENATE, individual faculty, or others concerning faculty governance matters. All business should go to the Chair of the Faculty Governance Committee at least one week before the next published meeting time. The Committee is required to act in some way on all proposals sent to it. (5) Consider other matters submitted to it by the FACULTY SENATE or the Executive Committee. h. The Graduate Program Committee (GPC) shall: (1) Consist of members representing the faculties of each academic program of Capital University that offers a post-baccalaureate degree. If fewer than fifty (50) of the degrees awarded by an academic program in the prior year were postbaccalaureate degrees, that unit shall have one representative. If at least fifty (50) of the degrees awarded by an academic program in the prior academic year were post-baccalaureate degrees, that program shall have two representatives; if such program awards advanced post-baccalaureate degrees beyond the most frequently awarded post-baccalaureate degree, that program shall have a third representative to represent the faculty teaching in the advanced degree-awarding programs. The committee shall select one member to serve as liaison to the Board of Trustees (plenary). (2) Be responsible for the coordination, collaboration, assessment, and development of the graduate programs at Capital University, with a primary purpose of furthering and improving the academic mission of the graduate programs at Capital University. (3) Meet at a consistent time that is published for the information of the University community. (4) Consider and take appropriate action on those items referred to it by the Provost, the Dean of the College, the Dean of the Law School, the FACULTY SENATE, individual faculty, or others concerning graduate educational matters. All business should go to the Chair of the Graduate Program Committee at least one 15
week before the next published meeting time. The Committee is required to act in some way on all proposals sent to it. (5) Consider other matters submitted to it by the FACULTY SENATE or the Executive Committee. Section 5. In addition to the Executive Committee and the above standing committees, the FACULTY SENATE also may form other standing committees, as well as special, advisory, and ad hoc committees, and determine the jurisdiction of such committees. BYLAW IV ADDITIONAL AUTHORITY OF FACULTY SENATE Section 1. Faculty Relationship with the Administration and the Board of Trustees: 1. In order for the University faculty to fulfill its essential role in making recommendations to the administration and the Board of Trustees, the administration and the Board of Trustees pledge to continue to make reasonable efforts to notify, consult, and collaborate with the appropriate faculty governance bodies, as the FACULTY SENATE shall determine, for example through faculty representation on Board of Trustees committees; and the FACULTY SENATE pledges in turn to continue to disseminate to the University faculty the information and requests received from the administration and the Board of Trustees, and to act in the interests of the University and the University faculty in our commitment to fostering an environment in which liberal and professional academic disciplines flourish at Capital University. 2. These bylaws do not recognize other uses of faculty and/or academic support resources by the Administration or the Board of Trustees that affect faculty governance, as those powers are explained therein, without consultation with the FACULTY SENATE. 3. The FACULTY SENATE reserves the power to periodically review, as it shall determine appropriate, the Administrative structure and the administrative support programs and systems in light of the academic mission of the University. It shall forward its findings to the appropriate officers of the Administration and to the appropriate members of the Board of Trustees. Section 2. 1. These Bylaws, which can be altered only by the general amendment process described below (see BYLAW V), may be augmented by written governance standards adopted by a two-thirds vote of the Senate. Such standards shall only provide details regarding matters on which the Bylaws lack specificity. These standards should be of a procedural rather than a substantive or policy-making nature, and shall not be inconsistent with the letter, spirit, or underlying intent of these Bylaws. 16
2. The rules contained in the current edition of Robert s Rules of Order shall govern in all cases in which they are applicable and in which they are not inconsistent with these Bylaws, other governing policies of the university (e.g., policies in the Faculty Handbook), and any special rules of order that may be adopted by the Senate. The Senate may appoint a parliamentarian, either on a meeting-by-meeting basis or for a term of up to one year, to advise the Senate on questions of parliamentary procedure. 3. Special provisions for extramural or electronic balloting may be adopted by a simple majority vote. BYLAW V THE AMENDMENT PROCESS Section 1. A proposal to amend these bylaws may be made by the FACULTY SENATE, by a majority of the combined full-time and three-quarter time faculty members of a School within the College, by a majority of the full-time and three-quarter time faculty members of the Law School, or by a petition of twenty percent (20%) of the voting members of THE FACULTY, such a petition may be conducted by electronic means. The proposal will be submitted to the Chair of the FACULTY SENATE and to the Executive Committee. The FACULTY SENATE shall state its position on the amendment. The originator then can submit the original or revised proposal to the FACULTY SENATE, who will forward the proposal to THE FACULTY one week (7 days) prior to the meeting in section 2. Section 2. The proposed amendment shall be read and discussed at the meeting of THE FACULTY at least one week (7 days) prior to when the vote is to be taken. As set forth in BYLAW I, at least forty percent (40%) of the voting members of THE FACULTY must vote for the vote to be valid. Assuming the requisite number have voted (at least 40% of the voting members of THE FACULTY), a simple majority shall carry the motion to amend. Voting may be conducted by electronic means. When passed, an amendment shall take effect immediately or, if necessary, upon approval of the Board of Trustees, unless a different date is specified in the amendment itself or in the enabling resolution. All passed amendments shall be reported to the Senate Faculty Governance Committee for proper recordation. 17
BYLAW OF THE COLLEGE FACULTY (Approved February 18, 2009 by the vote of the COLLEGE FACULTY) (Amended fall semester 2009 by the vote of the COLLEGE FACULTY) (Approved February 26, 2010 by the Board of Trustees) (Amended April 2014 by the vote of the COLLEGE FACULTY) (Approved xx xx, 2014 by the Board of Trustees) PREAMBLE WE the College Faculty of Capital University are committed to fostering an environment in which liberal and professional academic disciplines flourish; in which learning is pursued by both students and Faculty members with a commitment to excellence; and in which students receive the instruction, evaluation, and guidance they need to progress in their own mastery of both the general and specialized aspects of higher education. To that end, an effective structure for faculty governance is necessary. WE the College Faculty of Capital University, in order to create a more effective structure of faculty governance, in order to create a more effective means of communication and transparency between faculty members, in order to create a more effective means of communication and transparency with the Administration and with the Board of Trustees, and in order to foster an environment in which liberal and professional academic disciplines at Capital University shall flourish, do hereby ordain and establish these bylaws. Nothing in these faculty bylaws shall cancel, rescind, or otherwise negate any of the powers and rights of the faculty, or any other processes and procedures related to the safeguarding of such powers and rights, as set forth in the University Faculty Handbook, or any of its supporting academic unit handbooks. With a commitment to these goals, we adopt these bylaws to guide our work together. 18
Section 1. A voting faculty member is an individual who: (a) holds a tenure-track appointment in the College, (b) holds at least a ¾ time term instructional appointment, (c) is a full-time employee of the University in the College whose contract incorporates an instructional teaching load, or (d) is the Director of the Schumacher Gallery. Each School of the College shall provide its list of members of the COLLEGE FACULTY to the Secretary of the College Faculty Executive Committee. The COLLEGE FACULTY shall function as a body of the whole for the faculty of the College and shall have the powers including, but not limited to, the following: (1) To elect members to the standing committees in section 2. (2) To amend this bylaw, as set forth more fully in section 3. (3) To vote on proposals brought before it by the Executive Committee, or to modify, rescind, or approve Executive Committee actions. At least forty percent (40%) of the voting membership of the COLLEGE FACULTY must vote for a vote to be valid. Assuming the requisite number have voted (at least 40% of the voting membership of the COLLEGE FACULTY), a simple majority shall carry the vote, provided the proposal was provided to the COLLEGE FACULTY one week (7 days) prior to the vote. Voting may be conducted by electronic means. (4) To propose Executive Committee actions. A proposal for COLLEGE FACULTY Executive Committee action by a majority of the combined full-time and threequarter time faculty members of any one School of the College, or by ten percent (10%) of the voting members of the COLLEGE FACULTY, such a proposal may be conducted by electronic means, shall be placed on the Executive Committee s agenda for a vote, provided that the Executive Committee was given one week (7 days) notice prior to the Executive Committee meeting in which the vote will be taken. (5) To call the Executive Committee into session. The COLLEGE FACULTY Executive Committee may be called into session by a submitted petition to the Executive Committee to do so by twenty percent (20%) of the voting members of the COLLEGE FACULTY. Such a petition may be conducted by electronic means. (6) To meet, as the Chair of the Executive Committee, or Vice-Chair of the Executive Committee, in the absence of the Chair, shall determine necessary. (7) To include Robert s Rules of Order and to be guided by a Parliamentarian appointed by the Chair of the COLLEGE FACULTY. Section 2. Unless, otherwise noted, every standing committee of the COLLEGE FACULTY shall consist of one representative from each School of the COLLEGE, chosen as the voting members of the COLLEGE FACULTY of each School determine (see section 1. above). [Initial staggering of terms: Committees within the College will present an opportunity to draw cards ranging from one to three years to determine the initial length of service. At the end of the designated time, the faculty member will resign and election will be held for his or her replacement.] New standing committee members shall be elected by April 15 of each year to a renewable three-year term which begins on May 1. A committee 19
member who serves on the same committee for two consecutive terms may not serve on that committee during the subsequent three years. Each committee shall hold an organizational meeting during May prior to the close of the academic year, so that it may begin work as soon as fall semester begins. Each committee shall elect a chair annually and, if the COLLEGE FACULTY, these bylaws, or the committee deems it to be advisable, a Vice-Chair or Secretary or both. The voting faculty members of each school shall decide how that school will fill vacancies on COLLEGE FACULTY committees and how to choose replacements for committee members who have sabbaticals or leaves of absence. Such replacements are bound by the term limits stated above. The standing committees of the COLLEGE FACULTY include the Executive Committee, the Curriculum Committee, the Faculty Evaluation Committee, the Faculty Professional Development Committee, the General Education Committee, the Academic Standing/Student Affairs Committee, and the Honors Committee. a. The Executive Committee shall: (1) Consist of a Chair, Vice-Chair, and Secretary, each elected to a two-year renewable term by the COLLEGE FACULTY, the Chair, Vice-Chair, and Secretary shall be from different Schools with the College, the Chairs of the six other standing committees, student representatives as the committee members deem appropriate, and the Dean of the College, Associate Deans, Associate Provosts, and the Dean of Studies of the College as non-voting members. (2) Establish the agenda for College governance matters. The Executive Committee shall have the primary responsibility to direct and oversee the academic affairs of the College. The Chair of the Executive Committee, and in his or her absence the Vice-Chair of the Executive Committee, in collaboration with the Dean of the College, shall set the agenda for Executive Committee meetings and matters to be discussed and/or voted on, and shall call all meetings of the Executive Committee and of the COLLEGE FACULTY as necessary. The Secretary will publish the agenda to the COLLEGE FACULTY, within one week (7 days) of setting the agenda. The Chair shall serve as an ex officio member of the FACULTY SENATE and the FACULTY SENATE Executive Committee. The Vice-Chair shall serve as an ex officio member of the FACULTY SENATE governance committee. The Secretary shall record the minutes of the Executive Committee meetings, the minutes of COLLEGE FACULTY meetings, facilitate and coordinate the dissemination of the agenda and all voting information, as listed below, oversee and coordinate the election of Executive Committee members, maintain the rolls of voting members of the COLLEGE FACULTY, and serve as an ex officio member to the Budget Committee of the FACULTY SENATE. (3) Vote on College governance matters. Fifty-percent (50%) of the voting members of the Executive Committee must vote for a vote to be valid. Assuming the requisite number have voted, a simple majority shall carry all actions, provided notice of the action is provided to the COLLEGE FACULTY within one week (7 days) of the vote. The results of all votes, and the minutes of all Executive Committee meetings, shall be published by the Secretary of the 20
Executive Committee to the COLLEGE FACULTY, and to the Executive Committee of the FACULTY SENATE, within one week (7 days) of the vote in question. If the Executive Committee requires a vote of the COLLEGE FACULTY, the Secretary will publish the voting materials and/or agenda one week (7 days) prior to the vote, which may be accomplished by electronic means. The Secretary will ensure that voting requirements have been met and will then publish all results of the COLLEGE FACULTY vote to the members of the COLLEGE FACULTY and to the Executive Committee of the FACULTY SENATE. (4) Coordinate all faculty governance issues among the standing committees of the COLLEGE FACULTY, including providing for additional standing or ad hoc committees, or elimination of standing or ad hoc committees. (5) Facilitate and coordinate with the Administration on all matters regarding faculty governance of the College. (6) Coordinate and facilitate with the FACULTY SENATE on all matters regarding faculty governance of the College. b. The Curriculum Committee shall: (1) Consist of two representatives from each School of the College, and members of the student body, as the committee shall see fit to appoint, with the Provost and the Dean of the College or designee as non-voting members. The Chair of the committee shall serve as a voting member of the Executive committee and as liaison to the Academic Affairs Committee of the FACULTY SENATE. (2) Review, recommend and approve proposed curricular changes from departments, in consultation with appropriate departments and administrators. The goal is to ensure the consistency of the curriculum processes from a College-wide perspective, reducing redundancies and impact on other programs, and encouraging interdisciplinary collaboration. Proper departmental sovereignty over curricular matters and the critical role of independent and/or external accreditation and licensing requirements must be maintained. Approvals will be forwarded to college faculty and administration. (3) Meet at a consistent time that is published for the information of the College community. (4) Consider and take appropriate action on those items referred to it by the Provost, the Dean of the College, the Executive Committee, individual faculty, or others concerning curricular matters of the College. All business should go to the Chair at least one week (7 days) before the next published meeting time. The Committee is required to act in some way on all proposals sent to it, reporting its actions to the Executive Committee and to appropriate Administrative officers, where applicable. (5) Consider other matters submitted to it by COLLEGE FACULTY or the Executive Committee. 21