Revised Constitution of the University Senate
Highlights of proposed changes
1. Article II provides a clearer definition of Senate constituents.
2. Continuation of a University Senate including both faculty and professional staff representation.
3. By-Laws will contain procedures to identify professional staff constituents.
4. Senate Professional Staff Committee will define specific constituencies of Professional Staff Senators/Alternates.
5. Functions in Article III are unchanged. Later revision may be necessary when the University and the AAUP agree upon a collective bargaining agreement.
6. Continuation of twelve Professional Staff constituencies, including Keweenaw Research Center, which was treated as separate from the professional staff in the old constitution.
7. Clear delineation of voting rights – Only Faculty Senators can vote on academic and research matters; only Professional Staff Senators can vote on staff matters; Professional Staff Senators representing independent research units can vote on research matters; all Senators can vote in Senate Committee decisions; all Senators can vote on issues affecting the entire University.
8. At-Large Senators changed from 6 at-large Faculty Senators to 4 at-large Faculty Senators and 2 at-large Professional Staff Senators.
9. Faculty Senators, including at-large Faculty Senators must represent at least 60% of the Senate membership.
10. Six-year term limit loosened: (1) A one year hiatus following two successive three year terms is substituted for a three year hiatus following two successive three-year terms; (2) Representation units can ask the Senate Executive Committee to waive term limits.
11. No changes to Articles V-XI.
Additional
Information: Faculty And Professional Staff Representation
In The MTU Senate
Comparison of current and revised Senate Constitution
Approved by the Presidential Advisory Committee
December 1, 2004
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Current |
Revised |
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PREAMBLE: This Constitution will allow the University Senate to be reconstituted. It will require later modification to incorporate relevant portions of the employment contract ratified between the University and the Michigan Tech Chapter of the American Association of University Professors. |
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ARTICLE
I – NAME |
ARTICLE
I – NAME |
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ARTICLE II - CONSTITUENTS A. Individuals 1. Constituents of the Senate must be University employees who are employed for a minimum of 9 months full-time (40 hours per week) or equivalent hours. This is the primary criterion for Senate constituency; individuals otherwise qualified but not meeting this criterion cannot be constituents of the Senate. 2. Academic faculty shall be constituents unless otherwise excluded. (The academic faculty are individuals holding one of the ranks of instructor, lecturer, assistant professor, associate professor, or professor, for a minimum of nine months full-time.) 3. Research faculty shall be constituents unless otherwise excluded. 4. Professional staff including athletic coaches shall be constituents unless otherwise excluded. 5. Staff employed on an hourly basis shall be constituents unless otherwise excluded. 6. Members of collective bargaining units recognized by the University shall not be constituents. 7. The University President, the Provost, the Vice Provosts, the Vice Presidents, the Chief Financial Officer, and all deans and equivalent directors, shall not be constituents. 8. The Bylaws shall contain procedures for resolving problems of constituency of individuals not clearly specified above.
B. Representation Units 1. Each constituent of the Senate shall be a member of one representation unit. Each unit shall be represented by a senator elected by the members of the unit. The units and their included constituents are: a. The Academic Departments. The academic and research faculty holding appointments in an academic department shall be the only constituent members of that department. b. The Research Units. All Senate constituents employed in a research unit shall be the constituent members of that unit. c. The Non-academic Units. 2) There shall be eleven non-academic representation units. Two of the units shall be the Library and Physical Education; the other nine shall be composed as defined in the Bylaws. The groupings of the non-academic units are only for Senate representation. The reporting structures of constituents within any one unit may differ. 3) Senate constituents as defined above who are not constituent members of an academic department or research unit shall be members of a non-academic representation unit. d. The Department of Physical Education is both an academic department and a non-academic unit. All constituents in the Athletic Department shall be constituent members of the Department of Physical Education.
2. In cases where a constituent is eligible to belong to more than one unit, that person will permanently select one unit and inform the Senate Secretary of that selection. 3. The representation units shall be listed in the Bylaws. The Bylaws shall contain procedures for reviewing and updating the list once a year before the annual spring elections
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ARTICLE II – CONSTITUENTS A. The University Senate’s constituency is the University’s academic and research faculty and professional staff, including staff employed at independent research units. These groups meet and operate as a unit under a single Constitution and By-Laws, with a single set of University Senate officers and committees. Voting on certain issues will be confined to one of these groups, as defined in Article III below. B. Individuals: 1. University Senate constituents are University professional staff and faculty who are employed full time for a minimum of 9 months per year, unless otherwise excluded because of major administrative functions (see paragraph 4 below). Full time is defined as a minimum of 30 hours per week. 2. Faculty Constituents: a. Academic faculty shall be constituents of the University Senate, unless otherwise excluded. The academic faculty are individuals holding a rank of instructor, lecturer, assistant professor, associate professor or professor for a minimum of nine months full-time. b. Research faculty shall be constituents of the University Senate, unless otherwise excluded, and will be represented by the Faculty Senator elected from the department in which they are appointed. The research faculty are individuals holding a rank of research assistant professor, research associate professor or research professor for a minimum of nine months full-time. c. Department chairs and associate deans shall be constituents of the University Senate but may not serve as Senators or Alternates or as members of University Senate committees 3. Professional Staff Constituents a. Professional staff including athletic coaches and members of independent research units, shall be constituents of the University Senate, unless otherwise excluded because of major administrative functions as defined in the By-Laws (independent research units are not administered by one or more academic departments). b. The Bylaws shall contain procedures for identifying the University professional staff that form the constituency of the professional staff membership and for resolving problems of constituency of individuals not clearly specified in this Article. 4. The University President, Provost, Vice Provosts, Vice Presidents, Chief Financial Officer, and all deans and equivalent directors, shall not be constituents of the Senate. C. Representation Units 1. Each constituent of the Senate shall be a member of one representation unit. A senator elected by members of each unit shall represent each unit. The units and their included constituents are: a. Academic Departments. Academic and research faculty holding appointments in an academic department or school shall be the only faculty constituent members of that department or school. b. Research Units and Professional Staff 1) The Senate’s Professional Staff Policy Committee will define the composition of the professional staff and independent research representation units. 2) There shall be no more than 12 professional staff representation units, including independent research units. Two of the units shall be the Library and Physical Education. The other ten shall be composed as defined by the By-Laws. The groupings of the non-academic units are only for Senate representation. The reporting structures of constituents within any one unit may differ. 3) The Department of Physical Education is both an academic department and a professional staff unit. All constituents in the Athletic Department shall be constituent members of the Department of Physical Education. 4) All Senate constituents employed in an independent research unit shall be constituent members of that unit. A research unit may be included as part of another constituent unit. 5) Senate constituents as defined above who are not constituent members of an academic department or research unit shall be members of a professional staff representation unit. 2. In cases where a constituent is eligible to belong to more than one unit, that person will permanently select one unit and inform the Senate Secretary of that selection. 3. The representation units shall be listed in the Bylaws. The Bylaws shall contain procedures for reviewing and updating the list once a year before the annual spring elections. |
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ARTICLE III – FUNCTIONS A. The Senate is the representative body for its constituents and speaks on their behalf on matters under the Senate's jurisdiction. The Senate shall establish, review, and recommend policy and procedures on matters under its jurisdiction. The Senate also is the principal forum for discussion of any matters of interest to the university community generally and the academic faculty particularly. B. The Senate shall have the responsibility and the authority to review and establish policy in some matters, and to review and make recommendations in other matters. These matters are listed in Section F of this article. The University President, the Board of Control, or their designated representatives may stipulate additional areas in which the Senate shall have responsibility and authority. C. By its approval of this constitution, the Board of Control relinquishes none of its constitutional or statutory authority. D. Section F of this article lists matters in which the Senate has the responsibility and the authority to review and establish policy. Normally, the Board of Control will approve policy in these areas only after it receives policy proposals approved by the Senate. E. For matters in which the Senate has the responsibility and the authority to review and establish policy, proposals shall be submitted to the Board of Control following these procedures: 1. Policy proposals that originate with the University President (or designated representatives) shall be presented to the Senate for review and approval before being submitted to the Board of Control. 2. Likewise, proposals approved by the Senate shall be transmitted to the University President for approval. 3. Proposals approved by the Senate and the University President shall be submitted by the University President to the Board of Control. It is the responsibility of the Senate officers to ensure such submission. 4. Proposals approved by the Senate may be vetoed by the University President within three months (not including the time from the end of the Spring term of one academic year to the start of the Fall term of the next academic year) of their transmittal to the University President. 5. If the University President vetoes a proposal passed by the Senate, that veto shall be presented in writing to the Senate President. The Senate President shall report the veto to the Senate at its next meeting. The Senate may appeal the veto to the Board of Control upon a two-thirds majority vote of eligible senators. Written notice of the appeal shall be transmitted immediately to the University President who shall submit a written copy of the veto to the Board of Control. The Senate President shall also submit a written copy of the Senate's appeal to the Board of Control. 6. If, within three months (not including the time from the end of the Spring term of one academic year to the start of the Fall term of the next academic year) of transmittal to the University President, a proposal passed by the Senate is neither vetoed nor approved by the University President, the proposal will be deemed approved by the University President, and will be submitted by the Senate President to the Board of Control for its approval. Procedures for temporarily extending the three-month period for particular proposals shall be contained in the Bylaws.
F. List of Matters of Responsibility and Authority 1. Matters of Academic Policy and Procedures a. The Senate has the responsibility and authority to review and establish policy and procedures in these areas: 1) All curricular matters, including establishment, dissolution, and changes in degree programs. 2) Requirements for certificates and academic degrees. 3) Regulations regarding attendance, examinations, grading, scholastic standing, probation, and honors. 4) Teaching quality and the evaluation of teaching. 5) All matters pertaining to the academic calendar. 6) The appointment, promotion, tenure, dismissal, and leaves of the academic faculty. 7) Criteria for positions that are to be accorded academic rank. 8) Academic freedom: rights and responsibilities. 9) Regulations concerning the awarding of honorary degrees.
10) Procedures for the selection of Deans and Department Chairs. 11) Requirements and criteria for unit charters for each academic department. 12) Other areas under authority as may be granted by the Board of Control, the University President, or their designated representative. b. The Senate has the responsibility to review, make
recommendations, initiate, and participate in the formulation of policy and
procedures in these areas:
2. Matters of Research Policy and Procedures a. The Senate has the responsibility and authority to
review and establish policy and procedures in these areas: b. The Senate has the responsibility to review, make
recommendations, initiate, and participate in the formulation of policy and
procedures in these areas: 3. Matters of Policy and Procedures Concerning Professional Staff a. The Senate has the responsibility to review, make
recommendations, initiate, and participate in the formulation of policy and
procedures in these areas: 4. Other Matters of Policy and Procedure a. The Senate has the responsibility and authority to
review and establish policy and procedures in these areas: 2) Other areas under authority as shall be granted by the Board of Control, the University President, or their designated representative. b. The Senate has the responsibility to review, make
recommendations, initiate, and participate in the formulation of policy and
procedures in these areas: 2) Institutional priorities. 3) Allocation and utilization of the university's human, fiscal, and physical resources. 4) The J. R. Van Pelt Library, computing facilities, audiovisual support, E. R. Lauren Bookstore, Seaman Museum, etc. as they affect scholarly, instructional, and research activities. 5) Admission standards and procedures. 6) Student financial aid. 7) Selection of the University President, the Provost, and other major university-wide administrators. 8) Administrative procedures and organizational structure. 9) The evaluation of administrators. 10) All areas of student affairs not mentioned specifically above, including their effect on the educational process and on academic achievement. G. Voting on the various matters shall be limited to subsets of senators and their constituents. (Reference is made to Section F of this article). 1. Only senators representing academic departments shall vote on academic matters as defined in Section F of this article. 2. Only senators representing academic departments and senators representing the independent research units shall vote on research matters as defined in Section F of this article. 3. Only senators representing the research units and senators representing non-academic units shall vote on staff matters as defined in Section F of this article. 4. Senators elected at-large shall vote on all matters, regardless of other limitations in this section.
5. The Bylaws shall include procedures for classifying the academic, research, staff, and other matters brought before the Senate. H. As part of its functioning, the Senate should coordinate its activities and cooperate with appropriate representative groups of faculty, staff, and students on campus. |
ARTICLE III – FUNCTIONS A. The Senate is the representative body for its constituents and speaks on their behalf on matters under the Senate's jurisdiction. The Senate shall establish, review, and recommend policy and procedures on matters under its jurisdiction. The Senate also is the principal forum for discussion of any matters of interest to the university community.B. The Senate shall have the
responsibility and the authority to review and establish policy in some
matters, and to review and make recommendations in other matters.
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ARTICLE IV--MEMBERSHIP A. Number and Composition - Membership in the Senate shall be determined as follows: 1. One senator and one alternate elected by and from the academic faculty of each academic department. 2. One senator and one alternate elected by and from each of the research units which do not offer an academic degree. 3. One senator and one alternate elected by and from each of the non-academic representation units. 4. Alternate members shall serve with vote in the absence of the regular representative. 5. Six senators from the academic faculty elected at-large by the entire Senate constituency.
6. Official non-voting liaison members from units designated by the Senate and listed in the Bylaws. B. For election to the Senate a two-year residence shall be required except for ROTC personnel and representation units having fewer than three members meeting this requirement. C. Election and Terms of Office 1. The term of office of elected senators and alternates shall be three years except as set forth in Paragraph 3 below. After serving for six consecutive years as a senator and/or alternate, an individual shall not be eligible for re-election for a period of three years.
2. The election years shall be distributed as equally as possible among the various representation units and at-large positions. 3. Election of senators shall be held in the spring of each year. The term of office shall commence at the beginning of the following fall term. Vacancies in at-large membership created by resignation or otherwise may be filled by appointment by the President of the Senate until the next election, at which time vacancies shall be filled for the unexpired terms by elections.
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ARTICLE IV—MEMBERSHIP A. Number and Composition - Membership in the Senate shall be determined as follows: 1. One senator and one alternate elected by and from the academic and research faculty of each academic department. 2. One senator and one alternate elected by and from each of the professional staff and research unit representation units.
3. Alternate members shall serve with vote in the absence of the regular representative. 4. Four at-large academic and research faculty senators shall be elected by the entire faculty constituency. 5. Two at-large professional staff senators shall be elected by the professional staff and research unit constituencies. 6. Academic department representation units and academic and research faculty senators at large shall comprise at least 60 percent of the Senate’s total membership. 7. Official non-voting liaison members from units designated by the Senate and listed in the Bylaws. B. For election to the Senate a two-year residence shall be required except for ROTC personnel and representation units having fewer than three members meeting this requirement. C. Election and Terms of Office 1. The term of office of elected senators and alternates shall be three years except as set forth in Paragraph 3 below. After serving for six consecutive years as a senator and/or alternate, an individual shall not be eligible for re-election for a period of one year. Representation units may ask the Senate Executive Committee to waive these term limits. 2. The election years shall be distributed as equally as possible among the various representation units and at-large positions. 3. Election of senators shall be held in the spring of each year. The term of office shall commence at the beginning of the following fall term. Vacancies in at-large membership created by resignation or otherwise may be filled by appointment by the President of the Senate until the next election, at which time vacancies shall be filled for the unexpired terms by elections.
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ARTICLE
V--OFFICERS |
ARTICLE
V--OFFICERS |
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ARTICLE VI--COMMITTEES A. The number, responsibilities and membership of committees of the Senate shall be determined by the Senate using procedures contained in the Bylaws.
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ARTICLE VI--COMMITTEES A. The number, responsibilities and membership of committees of the Senate shall be determined by the Senate using procedures contained in the Bylaws. B. Committee chairs shall be senators or alternates. |
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ARTICLE VII--PROCEDURE A. The business of the Senate shall be conducted according to Robert's Rules of Order when these are not in conflict with the Bylaws of the Senate. B. The full Senate, by two-thirds majority vote, shall rule on interpretation of ambiguous language in this Constitution and the Bylaws. Such interpretations shall be considered as amendments to the Bylaws.
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ARTICLE VII--PROCEDURE A. The business of the Senate shall be conducted according to Robert's Rules of Order when these are not in conflict with the Bylaws of the Senate. B. The full Senate, by two-thirds majority vote, shall rule on interpretation of ambiguous language in this Constitution and the Bylaws. Such interpretations shall be considered as amendments to the Bylaws |
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ARTICLE VIII--PETITIONS & BALLOT INITIATIVES A. Petitions may be submitted to the Senate by constituents to require: 1. An immediate vote on policy proposals specified in the petition; or 2. That a Ballot Initiative (or referendum) of eligible constituents be conducted immediately as a challenge to some vote of the Senate. B. Such petitions must be signed by at least 20 percent of constituents eligible to vote on the matter. (Reference is made to Article III, Section G.) C. A majority of eligible Senators may vote to require a ballot initiative of eligible constituents. D. The President of the University or the Board of Control or their designated representatives can request a Ballot Initiative on a designated issue other than the appeal of a presidential veto. E. The Bylaws shall contain procedures for the conduct of Ballot Initiatives.
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ARTICLE VIII--PETITIONS & BALLOT INITIATIVES A. Petitions may be submitted to the Senate by constituents to require: 1. An immediate vote on policy proposals specified in the petition; or 2. That a Ballot Initiative (or referendum) of eligible constituents be conducted immediately as a challenge to some vote of the Senate. B. Such petitions must be signed by at least 20 percent of constituents eligible to vote on the matter. (Reference is made to Article III, Section G.) C. A majority of eligible Senators may vote to require a ballot initiative of eligible constituents. D. The President of the University or the Board of Control or their designated representatives can request a Ballot Initiative on a designated issue other than the appeal of a presidential veto. E. The Bylaws shall contain procedures for the conduct of Ballot Initiatives. |
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ARTICLE
IX--MEETINGS |
ARTICLE IX--MEETINGS |
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ARTICLE
X--AMENDMENTS |
ARTICLE X--AMENDMENTS |
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ARTICLE XI--BYLAWS A. Approval of and amendments to the Bylaws shall require a two-thirds majority vote of the full Senate.
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ARTICLE XI--BYLAWS A. Approval of and amendments to the Bylaws shall require a two-thirds majority vote of the full Senate. B. A proposed change to the Bylaws must be distributed to senators at least 10 calendar days before the meeting at which it is to be considered for approval. |