1981-1982 SD4181 Senate Document #41 Executive Document #6 Constitution of the Faculty Senate of The University of North Carolina at Asheville The faculty of the University of North Carolina at Asheville as hereinafter defined, having responsibility for the academic program of the institution, establishes, for the purpose of regulating the conduct of its business and deliberations, this constitution. This is done in full awareness that all procedures must be compatible with acts of the legislature, rulings of the Board of Governors and the Board of Trustees, and rules established for the University as a whole. Nothing in this constitution shall abrogate the Chancellor's final authority over policies and procedures at the University of North Carolina at Asheville. ARTICLE I The faculty shall be composed of all persons having academic rank at the University of North Carolina at Asheville, the Chancellor of the University, and the Vice Chancellor for Academic Affairs. The ranks are Professor, Associate Professor, Assistant Professor, Lecturer, and Instructor. All full-time ranked members whose primary responsibility is teaching may vote in faculty elections. Those eligible for election to the Faculty Senate shall be those full-time employees of the institution who carry academic rank. An untenured faculty member may request the Secretary of the Senate to omit his or her name from the ballot and thus decline Senate election. Tenured faculty members may not decline election to the Senate or to Senate offices, except as described in ARTICLE II, Section 2. It is assumed the members of the Faculty Senate will regularly attend Senate meetings and Senate committee meetings. When a Senator cannot attend a regular meeting of a Senate committee or the Senate, he should inform in advance the appropriate chairman and specify his reasons. A Senator missing more than three meetings of either the Senate or a Senate committee will have his Senate membership reviewed by the Faculty Senate. ARTICLE II Section 1. The Senate is empowered to act as the legislative body of the faculty, with provision for faculty review as follows: The Senate shall promptly distribute a written report of its actions and recommendations to all members of the faculty. The faculty, in general meeting, may discuss, amend, endorse or veto any Senate action, provided that at least one week in advance of the meeting the faculty is given written notice of the issue to be raised and the action to be proposed. A quorum of the faculty (50% +1) must be present at such a meeting where amendment or veto shall be by two-thirds majority of those voting. Because of this provision the Senate must report actions within two weeks via faculty mail so that any faculty member may initiate discussion of Senate actions. The faculty may refer appropriate concerns to the Senate for investigation, clarification, discussion and debate. The Secretary of the Senate shall issue an agenda to all faculty members prior to each Senate meeting. Meetings of the Senate shall be open to all members of the faculty; visitors may participate in Senate debate by majority consent of the members present. Section 2. The Senate shall be composed of fifteen elected faculty members, the Chancellor of the University, ex officio, and the Vice Chancellor for Academic Affairs, ex officio, non-voting. The members of the Senate shall hold three year terms of office from April 25th through April 24th of each succeeding year. Terms of office shall be phased so that five members are elected to new terms each year, except for the first year of this constitution when all fifteen members shall be newly elected. After serving a complete three year term on the Senate, a faculty member is ineligible for reelection for one year following the expiration of his or her term. At the end of that period, and no later than one month prior to new elections, a faculty member may request of the Executive Committee a leave of absence from Senate service for an additional year to pursue valid academic concerns. Leaves of absence may be renewed by the same procedure for a third year, after which time the faculty member shall again become eligible for election. Section 3. Each year the faculty shall vote for five senators. One senator each shall be elected from the broad academic areas - Social Sciences, Natural Sciences, and Humanities - being the highest vote recipient in each area. Two senators shall be elected at large, being the next two highest vote recipients over all. All elected representatives shall represent the faculty as a whole and not solely the exclusive academic area in which they teach. In each election, three alternates, being the next highest vote recipients from each of the three divisions after the above senators are designated, shall be elected for one year terms. The alternates shall attend Senate meetings with voice, but without vote. Should a vacancy occur for any reason in one of the divisions, the appropriate alternate shall assume the full duties of that senator until the senator from the appropriate division shall be elected to fill the remainder of the original term. Should a vacancy remain after all alternates are in place, a special election shall be called to fill the vacancy. Section 4. The officers of the Senate shall be elected annually by the Senate membership for a term of one year. They shall serve on the Executive Committee of the Senate. The elections shall be held in the spring of each year at the first meeting of the new Senate. The chairman and officers of the outgoing Senate shall convene the new Senate and hold the election of the new officers. The election of officers by the Senate shall be by secret ballot; a majority of the senators voting shall be necessary for election. The officers shall be: The Chairman, who shall normally preside at the Senate meetings, be the chairman of the Executive Committee of the Senate, and serve as the official spokesman of the Senate. The First Vice Chairman, who shall preside in the absence of the chairman and chair the Committee on Academic Policies. The Second Vice Chairman, who shall preside in the absence of the chairman and the first vice chairman and chair the Committee on Institutional Development. The Secretary, who shall supervise the preparation of the minutes of the Senate, issue the Senate agenda, distribute written reports of Senate actions to the faculty, and chair the Committee on Faculty Welfare and Development. A Senate officer may be recalled by a secret vote of the Senate. Twelve votes shall be needed for recall. Section 5. The standing committees of the Senate shall be: The Executive Committee, the Committee on Academic Policies, the Committee on Institutional Development, and the Committee on Faculty Welfare and Development. The Executive Committee shall be composed of the officers of the Senate and shall be chaired by the Chairman of the Senate. The Executive Committee shall be concerned with the Senate agenda, shall appoint the members of all standing and ad hoc committees of the Senate, and shall supervise the faculty elections, preparing and insuring the integrity of ballots. As the elected leadership of the Faculty Senate, the Executive Committee will consult as appropriate with members of the faculty, with Senate committees, with ad hoc committees appointed by the Chancellor, and with officers and officials of the University, including the Chancellor and the Vice Chancellors. The Executive Committee will consult with the Vice Chancellor for Academic Affairs in the execution of his responsibility for the formation and dissolution of institutional committees and in the annual appointment of members thereto. The Executive Committee, the Chancellor and Vice Chancellor for Academic Affairs will consult with one another in the appointment of members of ad hoc committees. The Committee on Academic Policies shall be composed of seven voting members: the First Vice Chairman of the Senate, who shall chair the Committee, six members appointed by the Executive Committee; and the Vice Chancellor for Academic Affairs, who shall be a non-voting ex officio member. The University Librarian and Registrar are included as non-voting ex officio members. The Committee shall have responsibility for developing institutional policy and procedures in academic matters, and shall be available for discussion and consultation with appropriate student groups, as well as with members of the faculty, about academic policy. The Committee on Institutional Development shall be composed of four members: the Second Vice Chairman of the Senate, who shall chair the committee, and three members appointed by the Executive Committee. The committee shall have concern for policy, planning, and initiatives in the area of institutional development where faculty involvement is proper. The committee shall fulfill this role by membership on the university-wide planning council. The committee shall be responsible for reporting planning activities to the Faculty Senate, with the Senate responding through Senate action where appropriate. The Committee on Faculty Welfare and Development shall be composed of four members: the Secretary of the Senate, who shall chair the committee; two members appointed by the Executive Committee, and a voting faculty member who is the UNCA representative to the sixteen campus Faculty Welfare Committee in consultation with the Vice Chancellor for Academic Affairs. The committee may consist of only three members, in the event that the UNCA representative is also an elected member of the Faculty Senate. This committee shall have concern in areas of faculty study, research, and the attainment of professional goals by faculty members, leave, insurance, and annuities, and general faculty enhancement. It shall be the responsibility of this committee to communicate information on these matters as appropriate to all faculty members. Appointment of senators to standing committees shall be made with continuity in mind. Ad hoc committees of the Senate, which may be established from time to time, may include in their membership faculty members who are not then serving on the Senate and others. All ad hoc and Senate committees shall report to the Senate for review, clarification, and coordination of faculty policy. Section 6. The Senate shall choose a regular time of meeting and shall meet monthly during the academic year. It may be called into special session by the Chairman, by concurrence of three members of the Executive Committee, or by petition to the Secretary of nine of its members. A quorum shall consist of nine elected members. Section 7. The Chancellor shall be a member of all committees of the Senate and is empowered to call a meeting of the Senate, or of any of its committees, and may preside at his discretion. ARTICLE III Section 1. Provisions outlined in this constitution may be amended by a two-thirds majority of the votes cast, provided that at least a simple majority of the faculty members vote, and provided at least one month's notice has been given to the faculty of the vote. The vote shall be by secret ballot. Section 2. In the event that a future senate shall desire to revise this constitution as a whole, the revised version shall be enacted by the same procedure outlined in Section 1. A revision is interpreted to be a substantive alteration of the basic structure or charge of the Faculty Senate. The vote shall be by secret ballot. RATIONALE FOR PROPOSED CHANGES IN THE CONSTITUTION OF THE FACULTY SENATE Article I: The rank of "Lecturer" has been added to the official faculty ranking. When the days of rapid faculty turnover ended there was a nationwide tendency to tighten the tenure ranks. Many institutions were practically "tenured in." Fortunately, that was not the case on the UNC-Asheville campus, but it did weigh heavily in the deliberations which produced Chapter VI of the new University of North Carolina Code. On the UNC-Asheville campus a segment of continuing faculty has emerged who, for one reason or another, are not likely candidates for tenure. These continuing faculty members have deliberately been placed in the "Lecturer" rank to (a) avoid mandatory firing after six years, and (b) to have both upward and downward salary flexibility. Thus, the faculty rank, "Lecturer," has changed drastically over the past few years. Earlier, the rank "Lecturer" was used for part-time faculty, evening faculty, visiting faculty, etc. The title "Lecturer" is now primarily used for those full-time faculty members who are not on tenure track. Our "Lecturer" rank includes some of the highest paid and most highly respected members of our full-time faculty. Those faculty members now holding the rank "Lecturer" are as involved in and knowledgeable of faculty activities as those of other ranks. They possess much untapped talent and expertise which might be used to advantage on the faculty senate and faculty senate committees. It is unfair and indefensible to deny them from fully participating in faculty affairs and life. (Note: However, as untenured faculty they retain the right to decline service on the senate if they so choose.) Most evening faculty members and part-time faculty do not hold the rank "Lecturer" but are considered as "Staff members" and would thus still be excluded with this charge. Also excluded would be "Visiting Professors" of various ranks. It is probably true that most of the persons in these categories would not be sufficiently interested in nor be sufficiently knowledgeable of faculty matters to participate in a meaningful way. Generally, Professors, Associate Professors, Assistant Professors, and Lecturers comprise the salaried members of the faculty while part-time and evening "Staff members" are hired on a course-by-course or semester-by-semester basis with no permanance implied, nor is permanance implied in the contracts of most "Visiting Professors." Article II. Section I In order to insure the faculty a clearer voice and a more defined right to amend or veto Senate actions, this section has clarified and specified the exact steps which must be taken to that end. Article II. Section 2 A) The Vice Chancellor for Academic Affairs is now listed as an ex officio, non-voting member of the Senate. It was felt that the Senate is a faculty organization and that as such only elected representatives should vote. On the other hand, there was an equally strong feeling that the administration and the faculty must act in dialogue together, that both bodies need to consult with each other, and that the Vice Chancellor's presence and voice as a consultant to the Senate is essential for a harmonious relationship. Nothing in this constitutional change should be construed as in any way an action taken against the current Vice Chancellor, nor does it in any way abrogate the authority of the Chancellor. The desire here is solely to make the Senate a fully representative body of the faculty. B) The number of senators has been changed from 16 to 15 in order that the Senate terms could be expanded to three years from two years, and in order to provide an equal representation from each of the three broadly defined disciplines. The former method of electing 8 new senators each year tended to insure a lack of equal representation. It also meant that half the Senate was new each year. Lack of experience and lack of information about past and current issues often delayed needed action. Staggered three-year terms will allow for more continuity of representation and for more experience at university governance to be developed. It was especially felt that this was needed because of the tie-in to the new Planning Council where a rapid turn-over of the senate representatives would ill-serve the faculty by preventing its representatives from accumulating necessary expertise and authority. c) The longer Senate term clearly presents an added burden on individual faculty members. To ease that obligation, those who have completed three years' service now have the right to three years without service. This should allow each faculty member a guaranteed period of time for personal scholarship, research, and other professional development. It should also insure that a wider representation of faculty will serve on the Senate. Article II. Section 3 A) To insure a broader range of voices on the Senate, each of three broad divisions is guaranteed one new senator in each election. All senators, however, will continue to represent the faculty as a whole, and two at-large representatives insure that divisional preferences alone will not dominate the voting. B) The former method of selecting alternates involved returning to the previous year's election list and choosing the next highest vote recipient. Such a method often proved impractical and cumbersome. It also tended to perpetuate inexperience on the Senate and to prevent balanced representation from the three broadly defined academic areas. The new method requires alternates to attend senate meetings and to be familiar with the business and activities of the Senate. Article II. Section 4 No change. Article II. Section 5 A) Changes in the role of the Institutional Development Committee (IDC) are designed to accommodate committee members' newly established role on the soon-to-be established institution-wide University Planning Council (see Senate Dcoument #35, December 1981). IDC members will automatically serve on the University Planning Council (along with two other faculty members to be appointed by the Vice Chancellor for Academic Affairs). The size of the IDC has been changed from five to four members in an effort to retain manageability in the size of the Planning Council, while allowing for diversification of faculty input through the appointment of two non-IDC members to the Planning Council. Moreover, the reduction in size is consistent with the reduction in the overall Senate size, which itself has the advantage of facilitating transition to three year Senate terms and more equal representation among the three divisions (see rationale for Article II, Sections 2 and 3). IDC members will serve their entire three year terms on the IDC, in keeping with the need for continuity on the Planning Council. Terms will be established to allow for yearly replacement of one (or two in a given year) senator/IDC member each year. Since senators will be serving their entire three year term on the IDC and Planning Council, the chair of the IDC will not be elected from the senate body as a whole (as has been the tradition), but from the continuing IDC members. Given this arrangement, it is felt that the IDC members themselves will be in the best position to select a chair. Since the Senate as a whole will not be electing the IDC chair, it is felt that reference to the IDC chair as a senate officer is inappropriate. However, membership on the Executive Committee will continue, as the formal link between the University Planning Council and the Faculty Senate is best maintained by Executive Committee status for the IDC chair. Elaboration of the IDC/Senate/Planning Council interaction will be forthcoming in a separate information report to be submitted to the Senate. B) The size of other committees has been adjusted as appropriate to a 15 member body. C) Appointment to committees will be made with more continuity in mind. This will be helped by turning over only 1/3 - instead of 1/2 - of the Senate each year. It will mean that committees will be able to function with more historical continuity and with more experienced members. Article II. Sections 6 and 7 No change. Article III. Section 1 No change. Article III. Section 2 The method by which future revisions of this document can be accomplished has been clarified and specified. PROCEDURES FOR ELECTION UNDER THE PROPOSED SENATE CONSTITUTION First Year In the first year of this Constitution, a special election shall be held in which all 15 members of the Senate shall be elected at once. Within each division, the top three vote recipients shall select by lot the length of their terms: one each to be 3-year terms, one each to be 2-year terms, and one each to be 1-year terms. At-large Senators shall be the next six highest vote recipients regardless of division. They shall determine the length of their terms by lot: two shall serve 3-year terms, two shall serve 2-year terms, and two shall serve 1-year terms. One alternate shall be chosen from each division, being the next highest vote recipient in each division after all of the above are elected. A tie vote in any category will be broken by drawing of lots, with the loser falling into the next appropriate category. Subsequent Years In all subsequent years, five senators shall be elected as described in Article II, Section 3.