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The Constitution and By-laws of the University Faculty Senate

University Faculty Senate Constitution

ARTICLE I: NAME, PURPOSE, SCOPE, AUTHORITY AND FREEDOM OF ASSOCIATION

ARTICLE I: NAME, PURPOSE, SCOPE, AUTHORITY AND FREEDOM OF ASSOCIATION

SECTION I.1: NAME - The full name of this organization shall be the University Faculty Senate of Shawnee State University (hereafter, UFS).

SECTION I.2: PURPOSE - The purpose of the UFS is to ensure that the full diversity of faculty viewpoints and the collective experience, knowledge and judgment of the faculty of Shawnee State University are fully heard and given appropriate weight by the President of the University, the Board of Trustees and the Ohio Board of Regents on all matters of educational and academic policy or other areas of concern that are not incorporated into an officially recognized collective bargaining agreement. It is also the purpose of the UFS to advance the dignity and worth of the academic profession and of higher education.

SECTION I.3: SCOPE AND AUTHORITY OF THE UFS - The UFS, including its standing committees or subcommittees is the sole official voice of the Faculty of Shawnee State University in the University governance process for all matters that do not pertain to matters covered by any legally recognized collective bargaining agreement. The UFS recommends courses of action with respect to academic and educational policies or other related areas of faculty concern to the University President, and through the University President to the Board of Trustees and where relevant, to the Board of Regents of the State of Ohio. In order for a recommended course of action that is not covered under a recognized collective bargaining agreement to be deemed as having been recommended by the faculty, official approval by the UFS is a necessary condition. It is the expectation of the UFS that on matters that significantly impact academic or educational issues that the UFS will be viewed as the primary recommending body and that its recommendations will be considered as the deliberate recommendations of a professional body.

SECTION I.4: RIGHT TO PARTICIPATE IN UNIVERSITY GOVERNANCE - The UFS recognizes the existing collective bargaining agreement as currently protecting the academic freedom of the faculty of SSU. In the event this contract should be rendered null and void by a competent legal authority with jurisdiction to do so, the following provision will apply: No Officer of the Senate, no Senator, and no faculty member may be discriminated against with respect to terms and conditions of employment on the basis of their participation in UFS affairs, or the affairs of its committees, or the governance process of the University in general unless one’s conduct in such matters is shown through established disciplinary procedures to constitute misconduct. Where University Service is defined as a criterion for promotion or retention, that service shall be evaluated in accordance with the established retention and promotion guidelines.

SECTION I.4: AFFIRMATION OF THE WORTH, STATUS AND DIGNITY OF THE PROFESSION - The UFS affirms its commitment to the concepts of academic freedom, academic due process, shared governance and the status and worth of faculty as these concepts have historically been defined and understood by professional associations of college and University faculty, including, the American Association of University Professors, the National Education Association and the American Federation of Teachers.

SECTION I.5: AFFIRMATION OF THE RIGHT OF FREE ASSOCIATION - The UFS affirms the right of faculty to freely associate and to band together for mutual aid and support to advance the interests, status and dignity of College and University Faculty, and the interests of higher education in general. The UFS also recognizes the rights of faculty to choose to reject any such affiliation or membership. The UFS recognizes the National Education Association, and its state affiliate (The Ohio Education Association) and its local affiliate (The Shawnee Education Association) to be the sole representative of faculty for matters pertaining to salaries and working conditions under current Ohio Law. In the event that any existing Collective Bargaining Agreement is deemed to be invalid by an appropriate legal authority with jurisdiction to so rule, the UFS shall immediately create a Committee A whose purpose shall be to recommend to the UFS the best way to defend the status and dignity of the faculty of Shawnee State University. This committee shall have the right to receive technical and legal advice from any source, including, but not limited to, professional organizations that represent College and University Faculty in collective bargaining agreements or that advocate collective bargaining for College and University Faculty. Faculty shall not be discriminated against with respect to their conditions of employment by virtue of any such association or activity, or by virtue of their choice not to so associate and participate.

SECTION I.6: RELATION OF THE UFS TO THE UNIVERSITY - The UFS recognizes the role of Governance and other University Wide committees or subcommittees that are not directly incorporated as UFS committees or subcommittees. Similarly, the UFS recognizes the importance of all constituency groups being heard in the governance process. However, any recommendation on their part that has the potential to significantly impact matters under the purview of the UFS must be voted on and approved by the UFS prior to their being viewed as recommendations by the Faculty. A matter shall be deemed to be under the purview of the UFS if it has the potential to significantly impact academic quality or the overall status of faculty in areas not covered by collective bargaining agreement.

SECTION I.7: RIGHT OF THE FACULTY TO ELECT REPRESENTATIVES TO GOVERNANCE OR OTHER UNIVERSITY WIDE COMMITTEES - The UFS shall elect faculty representatives to Governance, University Wide Committees or Search Committees in which faculty participate in accordance with the procedures set forth in this Constitution. The President of the University shall have the right to request that the Executive Committee reconsider any faculty member elected to serve on such committees. If after considering the information presented by the President, the UFS Executive Committee deems its choice to have been appropriate, that recommendation shall stand. The President may choose not to accept any such recommendation but a decision to do so shall constitute grounds for a motion of disapproval by the UFS.

ARTICLE II: PROCEDURES FOR RECOMMENDATIONS

SECTION II.1: RECOMMENDATIONS ON ACADEMIC PROGRAMS NOT REQUIRING PRESIDENTIAL OR BOARD APPROVAL - Recommendations with respect to any and all academic programs will be placed on the UFS agenda upon approval by the Educational Policies and Curriculum Committee (EPCC). All such matters will be decided by majority vote of the UFS at a duly constituted meeting. Upon approval of the UFS, the President of the UFS will sign the appropriate forms and forward them to the Provost. Providing the Provost with such a form will be deemed to constitute the recommendation of the UFS. Except in cases where such recommendations require the approval of the President of the University, the Board of Trustees or the Board of Regents, the Provost will review the recommendation.

SECTION II.1.1: If the Provost approves the recommendation, then the recommendation shall become effective.

SECTION II.1.2: If the Provost does not approve the recommendation, the Provost will request the faculty to reconsider and provide a written explanation for this request.

SECTION II.2: OTHER RECOMMENDATIONS

SECTION II.2.1: When a recommendation requires approval beyond the level of the Provost the President of the UFS shall inform the President of the University in writing of the recommendation of the UFS. If the President approves, the President will pass the recommendation on to the appropriate authorities for review and approval. If the President or any other body does not approve or accept the proposal, then the procedures below with respect to recommendations of non-curricular matters will apply.

SECTION II.2.2: Upon receipt of the recommendation of an official recommendation by the UFS the University President will make a decision regarding the recommendation within 30 working days. If the recommendation is passed at the last UFS meeting of the academic year, the President may elect to inform the UFS of his or her decision within 7 working days of the commencement of fall semester classes. In acting upon a recommendation of the UFS, the President may:

SECTION II.2.2.A: Accept the recommendation and forward it to the Board of Trustees where required.

SECTION II.2.2.B: Return the recommendation to the UFS with a specific request to reconsider all or some of the recommendation. In making this request, the President of the University may choose to communicate his or her reasons officially in writing, or may elect to discuss the matter informally with the President of the UFS, or with the President of the UFS and the UFS Executive Committee. Only resolutions that receive approval by the UFS in accordance with its rules and bylaws at an official UFS meeting shall be considered as an official recommendation of the UFS. If the President of the UFS, or the Executive Committee believe a compromise may be reached, they shall inform the UFS of the nature of the compromise and provide the UFS with a chance to vote. Such matters may be approved by acclamation. However, an objection by one Senator shall require a formal vote by the Senate.

SECTION II.2.2.C: If after the above process is complete the President of the University still does not accept the official recommendation of the UFS, the President of the University shall inform the President of the UFS in writing of his or her reason(s) for the disagreement. The President of the UFS will be afforded an opportunity to state the basis for the UFS’ disagreement with the President of the University both in writing and in person before the Board of Trustees, per the Bylaws of the Board of Trustees. In formulating his or her response, the President of the UFS will consult with the UFS Executive and provide the Executive Committee the opportunity to vote on the official response, if the UFS Executive Committee views this as necessary. The UFS Executive Committee shall also have the right to place the matter before the UFS as a collective body if in its judgment the situation warrants. In such matters, the UFS will decide by majority vote.

SECTION II.2.2.D: If the Board of Trustees takes an action contrary to the recommendation of the UFS, the President of the UFS shall convey this message to the UFS at its next officially scheduled meeting. The UFS may then choose to officially communicate its displeasure to the Board of Trustees, following the same procedure as in SECTION II.2.2.C above.

SECTION II.3: RELATIONSHIP OF UFS TO THE UNIVERSITY AS A WHOLE

SECTION II.3.1: The UFS President shall work with University administration to ensure that appropriate personnel and information and other appropriate resources are available to assist and support the Senate in the conduct of its business.

SECTION II.3.2: Upon receipt of Board of Trustee meeting agenda and materials, the UFS President shall determine whether there are matters therein that should be presented to the UFS Executive Committee.

ARTICLE III: MEMBERSHIP AND OFFICERS

SECTION III.1: MEMBERSHIP - Any faculty member employed by the University on a contract that is potentially renewable, on continuing contract track or with continuing contract whose primary duty is teaching shall be deemed a member of UFS and shall have the right vote in UFS elections. Adjunct faculty and faculty employed on one year (or shorter) terminal contracts shall not be considered members of UFS. All members shall have the right to vote in elections for UFS Senators and Officers, to serve on UFS or other governance committees, and to serve as a Senator in the UFS. Only faculty holding continuing contract may serve as officers of the UFS. Faculty Directors or Coordinators of programs on release time with rights of return to faculty shall be deemed faculty for the purposes of this document. Department Chairs shall also be deemed faculty for the purposes of this document.

SECTION III.2: PERMANENT INVITED GUESTS - The President of the University, Provost, Deans of any College, The General Education Program Director, the Honors Program Director, the Teaching and Learning Center Coordinator, the CIPA Director, the Women’s Center Director or any other similar Director not indicated in this document shall have the status of permanent invited guest. Invited guests may speak to motions with the same rights and privileges as Senators and shall have the right and responsibility to inform the UFS of significant developments in their respective areas. The President of the UFS may allow invited guests at his or her discretion to make motions when in the judgment of the UFS President doing so will improve the flow of business. However, they do not have the right make motions or vote on motions

SECTION III.3: OFFICERS AND EXECUTIVE COMMITTEE - The Officers and Executive Committee of the UFS shall consist of:
President
Vice President
Secretary
Treasurer
University at Large Senator

Each officer shall be elected by the popular vote of the majority of fill-service faculty and shall serve for a term of two years, unless that officer resigns or is recalled during the officer’s term. Wherever possible, the terms of officers shall be staggered so that no more than three officers will be up for re-election each year. It shall be the responsibility of each officer of the UFS to be an advocate for faculty to the University administration, the Board of Trustees and the public at large. Each officer will have a continuing contract

SECTION III.3.A: PRESIDENT - The UFS President shall:

1. Serve as spokesperson for the UFS on all matters officially approved by the UFS but may appoint the Vice President as spokesperson as needed;

2. Serve as Chair of the UFS Executive Committee'

3. Set the meeting agenda for UFS meetings and conduct UFS and Executive Committee meetings;

4. Ensure that the UFS meeting agenda is distributed electronically at least five working days prior to each UFS meeting;

5. Sign official documents and forward the UFS policy recommendations to the President;

6. Monitor the performance of the UFS and make recommendations to the UFS or its committees for the better ordering of the body;

7. Report to the UFS any matters that he or she or other senators deem of importance to that body, including the status of the UFS recommendations to the President of the University;

8. Promote University-wide knowledge of the UFS workings;

9. Serve as one representative of the UFS to the Ohio Faculty Council;

10. Coordinate with the UFS Secretary and the Provost’s Office (or other appropriate administrators) to ensure the smooth functioning of the UFS and timely posting of relevant minutes of concern to faculty on the University web page;

11. In order to be able to effectively discharge his or her duties as UFS President, the UFS President shall receive a three course per year reduction in teaching load. No more than two courses may be taken in any one semester, save at the sole discretion of the University Provost.

SECTION III.3.B: VICE PRESIDENT - The UFS Vice President shall:

1. Chair the Education Policies and Procedures Committee;

2. Preside over/or chair meetings of the UFS and/or Executive Committee in the absence of the UFS President;

3. Serve as second voting representative to the Ohio Faculty Council;

4. Serve on the Executive Committee;

5. Coordinate with the UFS Secretary and Provost’s Office (or other appropriate administrative office) to ensure that timely posting of EPCC minutes on the UFS web page;

6. In order to be able to effectively discharge his or her duties as UFS President, the UFS Vice President shall receive a two course per year reduction in teaching load.

SECTION III.3.C: SECRETARY - The secretary shall:

1. Take roll and record minutes of UFS meetings and Executive Committee Meetings when necessary;

2. Provide electronic copies of the minutes for the previous UFS meeting to all Senators five working days prior to each UFS meeting;

3. Coordinate with the UFS President and the Provost’s office to ensure full and accurate posting of approved UFS minutes on the UFS web page and to maintain records in the Provost’s office;

SECTION III.3.D: TREASURER - The UFS Treasurer shall administer the funds/budget of the UFS, keep current records of receipts and disbursements, and submit monthly reports and an annual financial report to the UFS.

SECTION III.3.E: AT LARGE REPRESENTATIVE - The at large representative serves on the Executive Committee and serves as alternate representative to the Ohio Faculty Council.

SECTION III.3.F: PARLIAMENTARIAN - The UFS President may appoint, at his or her discretion, any full-service faculty member to serve as UFS Parliamentarian. The role of the Parliamentarian is to provide non-binding advice to the UFS President on the appropriate interpretation of Robert’s Rules of Order. If a Parliamentarian is appointed, the Parliamentarian shall be a non-voting member of the Executive Committee and of the UFS.

ARTICLE IV: ELECTIONS AND ELECTION DISTRICTS FOR SENATORS

SECTION IV.1: RESPONSIBILITIES OF SENATORS - Each Senator shall serve for a term of two years, and all efforts will be made to stagger the terms of Senators so that no more than half of the Senate is up for election each year. Senators shall seek input from their constituents on matters before the UFS and shall seek to ensure that the concerns of their constituents receive due consideration before the UFS. It is the responsibility of Senators to attend UFS meetings and to inform their constituents, as well as the UFS President of their absence, and the reasons for that absence from any UFS meeting.

SECTION IV.2: ELECTION DISTRICTS

SECTION IV.2.A: The Department of English and Humanities, Natural Sciences, Mathematics, Fine and Performing Arts, Teacher Education and the Social Sciences shall each have the right to elect one Senator by popular vote of the full-service faculty in that Department. The College of Arts and Sciences shall also have the right to elect two at large Senators by popular vote of the full-service faculty in the College of Arts and Sciences.

SECTION IV.2.B: The Business Department, the Department of Health Sciences and the Department of Engineering Technology shall each have the right to elect two Senators by popular vote of the majority of the full-service members of that department. The College of Professional Studies shall have the right to elect two at large Senators by popular vote of the full-service faculty in the College of Arts and Sciences.

SECTION IV.2.C: Officers: The entire faculty will be the election district of all officers.

ARTICLE V: ELECTIONS, RECALL, RESIGNATION

SECTION V.1: ELECTIONS OF SENATORS AND OFFICERS - Elections of Senators and Officers shall be conducted annually. All Officers and Senators shall serve for a term of two years, but the terms shall be staggered so that no more than one half of the Senate shall stand for election in any given year. The election shall not take place more than two months prior to the last day of classes of the end of the academic year and no later than 10 (ten) working days prior to the last day of classes of the academic year. 30 days prior to the officially announced date of the UFS election, the UFS President will establish, in consultation with the Executive Committee an Election Committee composed of three faculty members to oversee the Election. The Election Committee shall select a Chair and the Chair shall solicit nominations for all open UFS Senatorial and Officer seats. The Chair shall issue a second call for nominations 15 days prior to the election and a third call 7 days prior to the election. Nominations shall be officially closed at 5 days prior to the election. The Election Committee shall then formulate a ballot and distribute it to faculty in a fashion that the Committee deems to be reasonably not susceptible to fraud, but all elections shall be by secret ballot. The Committee shall tabulate votes and announce the winner. Vote totals shall be released in all competitive elections. Write in candidates will be permitted as may “no” votes when a candidate is unopposed. If any candidate receives more “no” votes than affirmative votes, the election shall be done over for that seat until a candidate receives at least a majority affirmation. No person seeking any seat may supervise the elections. The Election Committee Chair shall announce the results of the election within 7 calendar days of the close of the election.

SECTION V.2: RECALL OR RESIGNATION OF OFFICERS AND SENATORS - Officers and Senators of the UFS may be recalled for misfeasance, malfeasance, or nonfeasance in office. Officers and Senators may also resign at any time by informing the President of the UFS in writing of their resignation. If the President of the UFS resigns, the President will inform the Vice President of the UFS. Recall proceedings can be initiated by a petition signed by 20% of the full-service faculty represented by the Senator or Officer and presented to the UFS Executive Committee. Upon receipt of such a petition, or in the case of a resignation, the President of the UFS shall appoint an Election Committee as required above in the section on elections. If the recall is against the President, the Vice President shall appoint the Election Committee. A 50% plus one vote of all full-service faculty members of an officers’/senators’ constituency against an officer/senator shall result in a recall. Upon a successful recall, or in the event of a resignation by an Officer or Senator, a special election shall be held to elect a replacement who shall finish the term of the Officer or Senator who has been recalled or resigned.

ARTICLE VI: UNIVERSITY FACULTY SENATE MEETINGS

SECTION VI.1: MEETINGS - All meetings of the UFS shall be open to attendance by all interested parties unless the UFS votes to go into Executive session.

SECTION VI.2: REGULAR MEETINGS - The UFS shall meet each month of the academic year, normally at 4:00 p.m. on the final Monday of each month. Dates and times of the meeting may be changed at the discretion of the UFS President in consultation with members of the UFS Executive Committee.

SECTION VI.3: CANCELLATION OF MEETINGS - Regularly scheduled meetings of the UFS may be canceled by the UFS President with the consent of the majority of the UFS Executive Committee. In the event of such a cancellation, the UFS President shall convey a reason for cancellation along with the notice to the University community. If the President of the University, or a duly appointed representative of the President of the University cancels classes or closes the University during a time when the UFS is scheduled to meet, the UFS meeting will be considered canceled and the UFS President will consult with the UFS Executive Committee whether or not to reschedule the meeting or postpone consideration of the agenda until the next regularly scheduled UFS meeting.

SECTION VI.4: The UFS President may only participate in the discussion in an effort to influence the outcome when the Senate has agreed to work informally as a committee of the whole. The UFS President may however ask any person participating in the discussion to clarify the intent of their speech, or suggest motions that would be in order as a means of facilitating the smooth flow of business.

SECTION VI.5: The UFS President may vote only when there is a tie, or when casting his vote would influence the outcome as established by Robert’s Rules of Order. For example, if a motion requires a 2/3 majority to pass, and the Senate is one vote short, the UFS President may vote yea or nay on the motion. Similarly, the UFS President may cast a vote when doing so would prevent the motion from passing by a 2/3 majority. Interpretation of this article will be in strict accordance with Robert’s Rules of Order.

SECTION VI.6: When in the judgment of the UFS President a person has engaged in speech or behavior that is contrary to the Rules of Order as set forth in this document or in Robert’s Rules of Order, the President will caution that person. If after two successive cautions in the same meeting, the disruptive speech or behavior continues, the President may rule that person “out of order” and request that person to leave the meeting. As in all rulings by the UFS President, the Senate may over rule the President by a 2/3 majority.

ARTICLE VII: ORDER OF BUSINESS AT MEETINGS AND PLACING OF ITEMS ON THE AGENDA

SECTION VII.1: ORDER OF BUSINESS - At regular meetings, the order of business shall be:

Call to Order
Roll Taking
Approval of Minutes
Approval of Agenda
Announcements and Remarks from the Senate President
Treasurer’s Report
Administration Reports
Announcements from the Senate Floor
Committee and Director Reports
Unfinished Business
New Business
Adjournment

SECTION VII.2: SENATE MATTERS - Matters for consideration by the UFS may be referred to the UFS by any member of the University community. Such requests must be in writing and may be made to the UFS Executive Committee or to any other UFS Committee. The Executive Committee shall direct requests to the appropriate committee. Any member of the University community will be recognized at the discretion of the President of the UFS or by any UFS Committee Chair to speak at any regularly scheduled meeting. Such recognition will be granted unless there are clear and compelling reasons to not grant such recognition. Such reasons shall be limited to a clear and compelling reason to believe that the person intends to materially disrupt, delay or otherwise hinder the duly established order of business of the UFS or the relevant committee. Any matter that is appropriately referred to the UFS out of committee shall be placed on the agenda of the next UFS meeting and shall be considered to have been moved and seconded. Committees may, at their discretion, choose to automatically “bundle” motions. However, such motions shall be unbundled if even one Senator requests such an action. The motion will still be considered moved and seconded.
Any Senator may request that an item be placed on the UFS agenda by writing to the UFS Executive Committee. Such items shall automatically be placed on the agenda by the UFS President and be considered as “moved”. Such motions will however require a second from the floor of the UFS. The President of the UFS will only refuse such motions when clear and compelling reasons exist to believe such a motion is “out of order”. When the President makes such a determination, he shall inform the UFS of his or her ruling and the clear reasons for such a ruling. The UFS may overrule the UFS President by 2/3 majority vote.
Any Senator may “object to consideration” of any item on the agenda. Such a motion shall require a second and requires 2/3 majority to pass.
The President of any recognized faculty collective bargaining agent shall be given a copy of the agenda for each UFS meeting. If upon review of the agenda, the President of the SEA has reason to believe such a matter is better addressed by the SEA, or is already addressed by the CBA, the President of the SEA will request, in writing to the Executive Committee of the UFS that the motion be withdrawn. If the Executive Committee disagrees with this request, it will request a meeting with the President of the SEA in an effort to clarify the matter. Alternatively, the President of the UFS and the President of the SEA may make an effort to settle the matter through informal consultation. A reasonable belief by any Senator or Officer that a proposed motion interferes with the CBA may be the basis for a motion to “object to consideration”. Any motion passed by the UFS that is determined to conflict with one or more provisions of any recognized Collective Bargaining Agreement or any law of the state of Ohio or the U.S. shall be considered null and void.

SECTION VII.3: UNIVERSITY PRESIDENT ADDRESSES TO THE FACULTY SENATE - The President of the University shall have a standing invitation to address the UFS. Absent extraordinary circumstances the President shall limit his or her remarks to 15 minutes. The President of the UFS may extend this time frame at his or her discretion.

SECTION VII.4: EXECUTIVE SESSION - Any Senator or Officer of the UFS, other than the UFS President may make a motion for Executive Session. The President of the UFS may ask if any Senator wishes to move for Executive Session. If such a motion is seconded, and receives 2/3 majority vote, the President of the UFS will request all non voting members, guests and members of the public to leave. Minutes will be kept of any actions taken while the UFS is in Executive session and must be made available to any interested party upon request. Though the UFS cannot legally compel any person to leave, in the event that a Dean, Provost or President of the University shall remain, the UFS may deem this action as sufficient grounds for a formal motion of censure.

SECTION VII.5: RIGHT OF THE SENATE TO VOTE ON NON BINDING SANCTIONS OF SENIOR ADMISTRATIVE OFFICIALS - For the purposes of this section, “senior administrative official” shall be deemed to include the President of the University, The Provost, any Associate Provost with significant academic responsibility or any Dean with significant responsibility for overseeing faculty or curricula. When any Senator or officer of the UFS, other than the UFS President believes that official actions of any officer of the University has acted in a fashion that is contrary to the academic mission of the University or the principles of shared governance and academic freedom such a person may make any of the following motions. Such motions must receive a second and must be approved by 2/3 majority vote of the UFS:

SECTION VII.5.A: MOTION OF DISPLEASURE - Such a motion is simply intended to communicate to the specific party a statement that the UFS is officially displeased with a specific action taken or not taken. When such a motion is made, the affected party shall be given an opportunity to defend themselves before the UFS.

SECTION VII.5.B: MOTION OF CENSURE - Such a motion is intended to communicate to the specific party that the UFS finds an action taken or not taken to be contrary to the academic mission of the University, to academic freedom, shared governance or all three and deems that action to be censurable. Prior to any such vote, the person affected shall be afforded the opportunity to defend their actions before the UFS.

SECTION VII.5.C: MOTION OF NO CONFIDENCE - A motion of no confidence means that the faculty as a collective body rejects the leadership of the individual in question and regards that individual as unfit to fulfill their duties and maintain the good faith and confidence of the faculty. Such a motion may be made only upon a vote of 3-2 by the Executive Committee and shall be placed on the agenda at least 30 calendar days prior to the next UFS meeting, and only after a motion of censure has been passed and the party to which it is directed has continued on the same course of action or initiated new, similar actions. Such motions shall be made only under grave circumstances and only after fully and completely giving due consideration to the gravity of such a motion. Before undertaking such a course of action, the initiator of such an action and the UFS as a whole should carefully weigh the potential impact of such an action on the overall health of the University. When such a motion is made the person affected shall be informed in writing of the charges and the basis for the charges at least 30 days in advance, afforded an opportunity to defend themselves before the UFS. If such a motion passes, the President of the UFS shall communicate to the Chairman of the Board of Trustees The UFS recognizes the non-binding nature of such resolutions and acknowledges the legal authority of the Board of Trustees to enter into and terminate contracts with the above officials.

SECTION VII.6: WORKING DAYS - "Working days" refers to Mondays through Fridays when regular classes are scheduled at SSU. Holidays and breaks between academic semesters are not "working days" for such purposes.

ARTICLE VIII: FINANCES

SECTION VIII.1: MONETARY CONTRIBUTIONS - The UFS may accept monetary contributions and authorize disbursement as deemed appropriate by majority vote of the UFS.

SECTION VIII.2: REIMBURSEMENT OF UFS OFFICERS FOR TRAVEL ON OFFICIAL UFS BUSINESS - Where an annual budget for the UFS has been established in consultation with the Provost, bone fide expenses occurred by UFS Officers or any Senator who travels on official UFS business shall be fully reimbursed to that person from the UFS budget. Where an annual budget does not exist, or in circumstances where there are bona fide reasons to exceed the budget, the President and Treasurer of the UFS shall coordinate with the Provost’s office, in accordance with University travel policies, to establish reasonable conditions for reimbursement.

ARTICLE IX: COMMITTEES

SECTION IX.1: ESTABLISHMENT AND TERMINATION - The UFS shall establish committees to carry out its business by 2/3 majority vote of the UFS. Alternatively, the UFS may terminate committees by 2/3 majority vote of the UFS.

SECTION IX.2: GENERAL RESPONSIBILITIES OF COMMITTEES - Responsibilities of each standing UFS committee shall include but not be limited to:

1. Initiating study of new issues and/or initiating review of existing policies as deemed necessary on matters related to its charge;

2. Recommending to the UFS as a whole the appointment of sub-committees as defined below for the purpose of dealing with specific matters relating to the charge of the committee;

3. Receiving and considering matters referred to it by the Executive Committee;

4. Receiving matters referred to it by members of the University community and forwarding them to the Executive Committee for inclusion on the UFS agenda when appropriate;

5. Informing the UFS of ongoing business;

6. Making an annual report to the UFS;

7. Reports shall be made to the UFS by Committee Chairs. In cases where there is a minority report, or where a majority of the Committee disagrees with the Committee Chair, those members who disagree with the majority report or with the majority and the Committee Chair shall have the right to issue a minority report to the UFS. This section shall also apply to CIPA Committee and the Women’s Center Committee;

8. Meeting on a regular basis. This shall normally be once a month. But Committees may meet more or less often as circumstances require;

9. UFS committees may also seek advice, input and expertise as necessary from other constituencies of the University and shall collaborate with other constituency groups in fulfilling their tasks;

10. Chairs of Committees will be responsible for co-coordinating the overall work of the Committees and for making timely reports to the UFS.

SECTION IX.3: ELECTION OF COMMITTEES AND COMMITTEE CHAIRS - Each UFS committee, except where otherwise specified, shall consist of five members. Two of those members will be elected from the College of Arts and Sciences, two will be elected from the College of Professional Studies and the fifth member will be elected from the faculty at large. Except for those instances specified below, the following procedures will be followed in filling UFS Committee slots. When an opening for a committee position occurs, the President of the UFS shall call for nominations. If only one person is nominated that person shall automatically be appointed to the committee. When more than one person is nominated, the President of the UFS will forward the names to the Executive Committee for a vote. Executive Committee business may be conducted by e-mail. In addition (save for those instances specified below) each committee shall elect its own chair by popular vote of the committee.

SECTION IX.4: STANDING COMMITTEES OF THE UFS - Such Committees have as their primary function the task of making reports to the UFS and recommending courses of action to the UFS in areas relevant to their charge. Wherever possible, or unless otherwise specified below, all UFS Committees will have at least one Senator or UFS Officer serve on that committee. If the committee chair is not a Senator, either the committee chair or the Senator may provide official reports to the UFS but the Senator shall have the responsibility of keeping the UFS informed of the committee’s progress. Unless otherwise specified below, each standing committee shall have five full-service faculty members, not including Directors, appointed by the Executive Committee. Two of those members will be elected from the College of Arts and Sciences, two will be elected from the College of Professional Studies and the fifth member will be elected from the faculty at large. In those instances where a full-service faculty member is appointed by the University administration in accordance with established University Policies and Procedures, that person shall chair the committee, save in the case of the Faculty Affairs Committee. Where such Directors are members of or Chair the Committee, the Director shall be a voting member of the Committee. All faculty representatives to UFS Committees shall serve for a period of two years and may stand for re-election at the end of their term. The Executive Committee of the UFS will make reasonable efforts to ensure that terms are appropriately staggered:

1. Executive Committee: the Executive Committee shall consist of the five officers of the UFS who shall be voting members, and where relevant, a Parliamentarian, who shall be a non-voting of the Executive Committee. The Executive Committee shall be responsible for coordinating the business of the University and for overseeing the staffing of all UFS committees and for appointing all faculty representatives to Governance or other University Wide Committees. The UFS Executive Committee shall meet at least once a semester and otherwise as necessary. The Executive Committee may conduct routine business by e-mail. The President of the UFS shall be the Chair of the Executive Committee. The Executive Committee shall also have the responsibility for assigning matters brought before it to the appropriate committee, or for recommending to the UFS the establishment of new standing committees, sub-committees, or ad hoc committees;

2. Educational Policies and Curriculum Committee (EPCC): The UFS Vice President shall Chair the EPCC and shall be a voting member of EPCC. Each department shall have the right to elect one representative to EPCC by popular, majority vote of the full-service faculty in that department. This person shall serve for a term of two years. The College of Professional Studies shall have the right to elect two additional at large representatives to the EPCC. The EPCC shall have the responsibility for overseeing all matters pertaining to Educational Policies and Curricula. All curricular proposals must be approved by a majority vote of EPCC before being referred to the UFS Senate. Any proposed change in existing programs, or proposals for new programs shall be properly vetted by the appropriate academic department, or where relevant the General Education Advisory Committee, prior to coming before EPCC. It shall be the responsibility of each academic Department to establish rules and procedures by which to recommend curricular and program changes to the EPCC. The University administration shall select one senior administrator to be the primary administrative representative to the EPCC. That person shall be a non-voting member of the EPCC. Other administrators may attend and participate in EPCC deliberations as necessary;

3. General Education Advisory Committee (GEAC): The General Education Program (GEP) Director shall chair the GEAC and will be appointed in accordance with established University policies. But it shall otherwise be staffed by the same procedures as the EPCC above. The GEP Director shall be a voting member of the GEAC. The GEAC shall oversee all areas of relevance to the University’s General Education Program. All motions from GEAC must be subsequently approved by EPCC before being referred to UFS. Each department will establish its rules and procedures through which proposals that impact the General Education Program may be brought before GEAC. If that person is still dissatisfied, he or she may then submit the motion to EPCC. If any person or department is dissatisfied with a decision by GEAC, that person will resubmit the proposal to GEAC. If that person or department is still dissatisfied, then the proposal may be sent to the EPCC for further consideration and deliberation. The University administration shall select one senior administrator to be the primary administrative representative to the GEAC. That person shall be a non-voting member of the GEAC. Other administrators may attend and participate in GEAC deliberations as necessary;

4. Faculty Assessment Committee (FAC): The Faculty Assessment Director, or Co-Directors, shall be appointed in accordance with established University procedures and shall chair the FAC. The FAC shall have responsibility for overseeing and Coordinating all areas related to assessment of all curricula. Where necessary, the FAC will coordinate with other UFS Committees, or other University Wide Committees and academic departments to ensure that faculty input on assessment is given appropriate weight and that assessment of academic programs is carried out in a consistent fashion.

5. Distinguished Lecture Committee (DLC): The DLC shall be responsible for soliciting nominations for the annual Distinguished Lecture Series and for selecting speakers in accordance with the annual budget for the Distinguished Lecture Series. Speakers shall generally be individuals with established and significant academic reputations who have made original contributions in areas of interest to faculty and the larger University community. Where relevant, speakers may be selected who have made significant contributions outside of academia to areas of general academic or public interest. The purpose of the DLC is primarily to promote academic discussion, including where appropriate, legitimate academic debate and controversy.

6. Faculty Development Committee (FDC): The FDC shall oversee all areas related to faculty professional development. It shall also have responsibility for coordinating with the Teaching and Learning Center (TLC) Director, who shall be a voting member of the FDC. The FDC shall review applications for leaves with pay and/or support, applications for leaves without pay, reviewing and making recommendations to the UFS for the distinguished teaching award. The committee may meet with any other committees on matters of common interest. The FDC, and the TLC Director shall, where appropriate coordinate with and seek advice and expertise from other constituency groups on campus.

7. The Honors Committee: The Honors Program Director shall Chair the Honors Committee and shall be appointed in accordance with University policies. The Honors Committee shall coordinate with the Honors Program Director and provide advice to the Honors Program Director on all matters related to the Honors Program as established by existing academic policies.

8. The Graduate Council: The Graduate Council’s membership and function shall be as established by existing academic policies.

9. The Distance/Online Learning Committee: The Distance Director shall be appointed in accordance with established University policies and the Distance Learning Committee shall function in accordance with existing University policies.

10. Committee A: Committee A shall be formed only in the event that the existing Collective Bargaining Agreement is rendered null and void by a competent legal authority that has final jurisdiction over the matter. The purpose of Committee A shall be to review and recommend to the UFS, the University Administration and the Board of Trustees the best way to protect academic freedom, tenure, due process, and advance the overall status and well being of faculty so as to best maintain an environment of academic quality and integrity.

The UFS recognizes that the Women’s Center Committee and the Center for International Programs and Activities (CIPA) Committee are University Wide Committees that represent multiple constituencies of the University. However, the Directors of the CIPA and of the Women’s Studies Program shall have the right and responsibility to make reports to the UFS on the ongoing activities of these programs. The CIPA Committee and the Women’s Center Committee shall operate as established by the Board of Trustees. Policies that are recommended by the Directors or in concert with the Directors and the Committees that have the potential to impact existing degree programs or minors shall be fully vetted and approved through the normal process of approving changes in existing programs or creating new programs. Faculty representatives to these committees shall be elected by the UFS Executive Committee.

SECTION IX.5: SUBCOMMITTEES AND AD HOC COMMITTEES - Standing Committees may create sub-committees to report back to the Standing Committee as necessary to better carry out their tasks. The UFS may create ad hoc Committees for a definite term and specific, limited charge to address specific issues that arise and are not addressed by the existing committee structure by a 2/3 majority vote at a duly constituted UFS meeting.

SECTION IX.6: SHARED-GOVERNANCE COMMITEES – In order to ensure a vital university shared-governance committee structure that includes the university-wide constituencies, representatives of the UFS and the other constituency groups of the university will collaborate through the “Committee Structure Agreement” in accordance with established University Procedures. The UFS will vote on changes to the Committee Structure Agreement, beyond minor ones, following the guidelines for establishment and termination of other UFS committees (SECTION IX.1). Staffing of these committees by full-service faculty will also be carried out in the same manner as other UFS committees (SECTIONS IX.3 and IX.7).

SECTION IX.7: MID-TERM VACANCIES - In the event of a resignation or vacancy, an election shall be held to fill said vacancy within (30) thirty working days.

ARTICLE X: CONSTITUTION AND BYLAW AMENDMENTS

The following procedures will apply to Articles I-VIII, and to this Article. Changes to Article IX shall be in accordance with the duly established procedures for altering University Policies.

SECTION X.1: PROPOSING CONSTITUTIONAL AMENDMENTS - Amendments to this Constitution, other than creation or elimination of committees, shall be proposed by a 2/3 vote by the UFS at a regularly scheduled meeting. Any Senator or Officer may place a proposed amendment on the agenda. The UFS may create an ad hoc Constitution Revision Committee to draft and recommend constitutional amendments to the UFS.

SECTION X.2: NOTIFICATION OF MEMBERS - The proposed amendment and notice of the full-service faculty meeting, at which the matter is to be discussed, shall be distributed by the UFS secretary to all full-service faculty and ex-officio members at least seven (7) working days prior to the meeting. Any full-service faculty member may attend the meeting at which the proposed amendment is to be discussed and may address the issue.

SECTION X.3: CONSTITUTIONAL AMENDMENT RATIFICATION - Ratification of amendments to this Constitution shall require approval by secret ballot of the majority of the votes cast. Only UFS Member Faculty as defined by this document may vote. The UFS Election Committee shall conduct the vote no sooner than two weeks after the proposed amendment passes the Senate and no less than 30 calendar days within. Such amendments shall be submitted for public comment and discussion during this period.

SECTION X.4: BYLAWS AND AMENDMENTS TO BYLAWS- Amendments to by-laws shall follow the same procedures as the preceding article.


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