Faculty Senate Resolution #05-18

Approved by the Faculty Senate:  March 22, 2005

Approved by the General Faculty: pending

Approved by the Chancellor: pending

 

Appendix A. Faculty Constitution of East Carolina University

(Additions are noted in bold print and deletions are noted in strikethrough)

 

I.  Purpose

The purpose of the faculty organization shall be to provide the means by which the faculty is enabled to fulfill its function with respect to academic and educational policies and other affairs of East Carolina University.  The faculty organization shall be comprised of the general faculty and the Faculty Senate.  The general faculty shall be the general electorate, and the Faculty Senate shall be a legislative and advisory body representing the general faculty and shall consist of elected and ex-officio members.  The functions, duties, and privileges of these two bodies, stipulated in the following document, shall be exercised under the authority of the Chancellor of East Carolina University.

 

The Faculty Senate and the various committees on which the faculty serve shall be the primary media for the essential joint effort of faculty and administration in the government of East Carolina University.  The Chancellor and the Chair of the Faculty shall facilitate communication which will enable continuing and effective faculty participation.

 

ii.  Organization of the General Faculty

The general faculty shall consist of all full-time members of the teaching, research, or administrative staff who hold an academic title, including those on special faculty appointment.  

 

The general faculty shall have as its presiding officer the Chair of the Faculty, who shall be responsible for calling its meetings and for keeping a record of its proceedings.  The presence of a majority of the members shall constitute a quorum, except in special cases provided for in this constitution.  Each member of the general faculty shall have one vote.  A vote by voice will be the regular method of voting on any motion that does not require more than a majority vote for its adoption.  Upon the request of ten percent of those present, a secret ballot will be in order. 

 

III.  Functions of the General Faculty

The general faculty shall be empowered to perform the following functions: consider reports from and make recommendations to the Chancellor, the appropriate vice chancellor, and the Faculty Senate; discuss any matter relating to the welfare of East Carolina University or of the members thereof; amend or rescind the articles establishing the Faculty Senate as provided for in this constitution; amend or rescind the action of the Faculty Senate as provided for in this constitution.

 

IV.  Meetings of the General Faculty

The general faculty shall meet at the pleasure of the Chancellor or the Faculty Senate of East Carolina University or upon petition to the Chancellor by at least fifteen percent of the general faculty.

 

V.   Academic Units

The academic units shall be organized into autonomous code units according to guidelines approved by the Faculty Senate and the Chancellor.  Except for the academic libraries, each code unit shall be responsible for at least one degree program.

VVI.  Organization of the Faculty Senate

Electoral units for the Faculty Senate shall be the academic code units.  All full-time faculty members of East Carolina University are eligible to vote for faculty senators.  All full-time faculty members of East Carolina University in at least their second year of appointment to the electoral unit which they will represent are eligible for election to the Faculty Senate.  The membership of the Faculty Senate shall consist of elected representatives and of ex-officio members.     

 

The number of elected faculty senators shall not exceed 58 nor be fewer than 52.  Prior to the election in the spring February of each academic year, the ratio of faculty members to elected faculty senators will be determined by the Chair of the Faculty, Vice Chair of the Faculty, and the Secretary of the Faculty.  The number of faculty within each department/school/college will be gathered from part of a personnel data file that is prepared and submitted to the UNC General Administration by the Office of Institutional Planning, Research, and Effectiveness Department of Planning and Institutional Research in November January of each year. 

 

Faculty members included in the University's annual personnel data report who satisfy all of the following criteria shall be counted in determining the number of each electoral unit's faculty senators: (1) currently employed (as of the date of the report), (2)  permanent employee (including those on leave with or without pay), (3) EPA employee, (4) full time employee, (5) included in the occupational activity categories of 10 (executive, administrative and managerial) or 20 (instructional faculty), (6) holding a professorial rank or title (modified or unmodified) of instructor, assistant professor, associate professor, or professor.  Faculty members meeting these criteria will be counted as belonging to their department/school/college of rank (not home department) where these two differ.  When a faculty member's department of rank is part of a professional school or college, and the school or college is the recognized electoral unit, the faculty member will, for purposes of Faculty Senate representation, be counted as a member of the school or college which is his or her electoral unit.

 

Each electoral unit represented will then be informed as to the number of elected faculty senators to which that electoral unit is entitled.  No electoral unit will be allocated more than 15 percent of the elected Faculty Senate members.  Electoral units for the purpose of this constitution shall be the various professional schools and colleges, Academic Library Services, Health Sciences Library, and the departments of the College of Arts and Sciences.  In the event that an electoral unit must reduce its existing number of faculty senators, it shall do so by following democratic procedures.          

           

Each department of the College of Arts and Sciences shall have at least one elected faculty senator and will elect its faculty senator as an electoral unit.  The various professional schools and colleges, Academic Library Services, and the Health Sciences Library will have at least one elected Faculty Senator.  Each department/school/college may choose to elect its senators from the department/school/college as a whole or in the alternate manner described as follows. Each department within the school/college shall be allowed to nominate the number (less the number whose terms are not expired) to which it would be entitled if it were considered as a separate electoral unit.  The persons nominated by each department shall be placed on a ballot for the election of the number allotted to the electoral unit by the faculty of the electoral unit.

 

The count of faculty members for the purpose of apportionment shall include those members who are absent from the campus because of illness or leave of absence, unless replaced by a full-time instructor or above under annual contract.

 

The ex-officio members of the Faculty Senate shall include the following representatives of the East Carolina University administration: Chancellor, Provost/Vice Chancellor for Academic Affairs, Vice Chancellor for Health Sciences, Vice Chancellor for Research and Graduate School, Economic Development and Community Engagement, and an academic dean elected by the Administrative Council Chancellor’s Cabinet in a manner determined by the Council Cabinet. The immediate past Chair of the Faculty and the elected representatives of East Carolina University to the Faculty Assembly of the University of North Carolina who are not members of the Faculty Senate shall also be ex-officio members.  These ex-officio members shall have a vote in allSenate matters except the election of officers and committee members.

 

VI VII. Method of Election of the Faculty Senate

The Secretary of the Faculty shall request that each electoral unit proceed to elect its representatives.  Elections shall be held in February of each year with members-elect to take office on the day following the last regular meeting of the Faculty Senate in the spring semester.

 

To obtain nominations, each department/school/college or department shall develop a ballot that lists every eligible member of that department/school/college or department. Each member of the faculty shall vote by secret ballot for twice as many nominees as that faculty member's department/school/college or department is entitled to elect.  That group of nominees equal to twice the number of representatives to be elected that receive the largest number of votes shall then be placed on a separate ballot for the election of representatives.  An alternate method of nominating Senators by the schools is found in Section VI.

 

To elect representatives each faculty member shall then vote by secret ballot for the number of representatives allotted that electoral unit. Votes shall be counted in accordance with procedures agreed upon by the electoral unit.

 

The administrative officer of each electoral unit shall report the results of the election to the Secretary of the Faculty.

 

Each senator shall serve a two-year term.  Senators may be elected to succeed themselves twice.  After a lapse of one year following the expiration of this third term, they will again be eligible for election.  The seat of an elected senator who fails to attend more than three consecutively held meetings of the Faculty Senate shall be declared vacated by the Chair of the Faculty.

 

Each electoral unit concerned shall hold special elections to fill unexpired or vacated terms.  The Senate may establish and promulgate procedures for selecting alternates for elected and ex-officio members.  The administrative office of each electoral unit so affected shall certify to the Secretary of the Faculty the credentials of individuals thus elected.

 

VII VIII.  Officers of the Faculty and Faculty Senate

[Please refer to interpretation #I93-2 located in the Index of ECU Faculty Manual Interpretations at  http://www.ecu.edu/fsonline/FacultyManual/interpretations.htm.]

 

The officers of the faculty and Faculty Senate shall consist of the following: the Chair of the Faculty, the Vice Chair of the Faculty, and the Secretary of the Faculty.  Other officials may be established as they become advisable or necessary.  All officers shall be elected by a majority vote of the elected members of the Faculty Senate present.  All full-time, permanently tenured faculty are eligible to serve as Chair or Vice Chair of the Faculty.  All full-time faculty members of East Carolina University in at least their second year of appointment are eligible to serve as Secretary of the Faculty.  In the event that a Faculty Officer is also a faculty senator, the electoral unit having elected the Senator is invited to elect a replacement.  Officers of the Faculty, who are not members of the Faculty Senate will not have vote, count toward a quorum, or vote and occupy a seat assigned to a Faculty Senator. The term of faculty officers shall be one year with the privilege of reelection.

 

At the second regular meeting of the spring semester the elected members of the Faculty Senate shall nominate and elect a nominating committee to consist of five members.  The nominating committee shall be elected from the ranks of elected members of the Faculty Senate by a majority of those present and voting.  Voting for members of the nominating committee shall be by written, secret ballot.  The nominating committee elected by the Faculty Senate shall submit to the Secretary of the Faculty a slate of candidates for each office of the Faculty Senate at an organizational meeting to be held on a Tuesday following the last regular meeting of the spring semester but before the beginning of the examination period.

 

Further nominations, from the ranks of the elected membership and by the elected members, will be accepted from the floor.  Officers will be elected by a majority of those present and voting.  They shall assume their duties on August July 1 following election.  If the office of the Chair of the Faculty shall become vacant, the position shall be assumed by the Vice Chair of the Faculty.  If other offices shall become vacant, they shall be filled by a special election conducted by the Faculty Senate.  Voting for all officers shall be by written, secret ballot.

 

VIII IX.  Duties of the Officers of the Faculty Senate

The Chair of the Faculty shall preside at all meetings. He or she is empowered to call special meetings as hereinafter provided.  The Chair is an ex-officio member of all academic committees and various administrative committees.  The Chair may delegate to the Vice Chair or an appointed representative his or her seat on any of the academic or various administrative committees.  He or she shall appoint persons to fill unexpired terms of committees.

 

Before the first regular meeting of the Faculty Senate, the Chair will appoint the Parliamentarian of the Faculty.  The Parliamentarian need not be a member of the Faculty Senate, but shall advise the Chair and the faculty on the parliamentary matters according to the latest edition of Robert's Rules of Order, Newly Revised and the Faculty Constitution and its By-Laws.

 

The Chair of the Faculty supervises the Faculty Senate office personnel, and with their assistance, plans the General Faculty Convocation.  The Chair is responsible for conveying greetings of the Faculty at commencement exercises and representing the Faculty at university functions and Board of Trustee meetings.   For the length of his/her term as Chair, the Chair of the Faculty serves as a Delegate to the Faculty Assembly (but not exceeding six consecutive years), with duties as a delegate described in the Bylaws of the Faculty Assembly of the University of North Carolina, Part X of the ECU Faculty Manual.  Section II.A., Members of the Assembly.

 

The Vice Chair of the Faculty shall perform all of the duties of the Chair in the absence or incapacity of the Chair.  The Vice Chair of the Faculty shall serve, at the request of the Chair of the Faculty, as the Chair's representative on faculty committees.  The Vice Chair of the Faculty shall succeed to the office of Chair of the Faculty in the event that office should become vacant during the term of the incumbent.

 

The Secretary of the Faculty, with assistance of the office personnel, shall keep accurate minutes of all regular and special meetings, ensure distribution of copies of the minutes to all members of the general faculty, keep an accurate list of membership of the Faculty Senate, keep an accurate record of attendance, inform the Chair of the Faculty when a seat becomes vacant, serve, at the request of the Chair of the Faculty, as the Chair's representative on faculty committees, and perform such other appropriate duties as directed by the Faculty Senate.

 

IX X.    Meetings of the Faculty Senate

Four regular meetings of the Faculty Senate will be held each fall and spring semester according to a schedule prepared by the Agenda Committeeand approved by the Senate in the Fall Semester of the preceding year. 

 

The organizational meeting of the Faculty Senate will be held on a Tuesday following the last regular meeting of the spring semester but before the beginning of the examination period.

 

Upon written petition of fifteen members of the Faculty Senate, the Chair shall call a special session of the Faculty Senate within four days.  In an exceptional situation in which the regular procedures for scheduling a meeting of the Faculty Senate are clearly inadequate and would occasion undue delay, the Chair of the Faculty shall be empowered to call a special session of the Faculty Senate.  A notice stating the purpose of the special session shall be distributed to the members of the Faculty Senate and the general faculty twenty-four hours prior to the meeting.

 

Meetings of the Faculty Senate shall be open to all members of the general public in accordance with the North Carolina Open Meetings Law faculty. 

 

The general faculty shall be informed of the time, place, and agenda of all regular and special meetings.

 

X XI.    Functions of the Faculty Senate

The Faculty Senate may, at its own discretion, seek the advice and counsel of any member of the general faculty.  In exercising its function the Faculty Senate shall establish whatever procedures are necessary.

 

The Faculty Senate shall be authorized to set up such committees as are necessary for the performance of its duties.

 

The legislative powers of the general faculty are delegated to the Faculty Senate and the Faculty Senate shall have the powers of the general faculty, subject to the limitations stated in this constitution, in formulating the policies of East Carolina University.

 

The Faculty Senate shall ratify, amend, or remand all matters of academic policy or faculty welfare which have been recommended by any standing or special committee of East Carolina University, or initiate any policies in such matters which it deems desirable.

 

XI XII.  Agenda of the Faculty Senate

The Faculty Senate shall be free to establish its own agenda, provided that all matters of academic policy brought before the Agenda Committee by action of the general faculty, any senator, or any standing or special committee shall be placed on the agenda not later than the time of the second regular meeting of the Faculty Senate after receipt of the recommendation.

 

Matters to be brought before the Faculty Senate shall ordinarily be considered in the order set forth by the Agenda Committee.  Matters for consideration may be taken out of order and/or new matters considered in any order upon a two-thirds vote of faculty senators present and voting at any meeting of the Faculty Senate.

 

The Agenda Committee, with assistance of the office personnel, collects all recommendations and reports from academic committees, including all standing and ad hoc committees of the Faculty Senate.  The committee draws up the agenda, on the basis of the recommendations and reports received from the committees, as well as from the officers and members of the Faculty Senate, for each regular and special meeting of the Faculty Senate.  The committee has the responsibility of providing each member of the faculty seeing that each member of the faculty receives a copy of the agenda for each meeting of the Faculty Senate one week before the date of the meeting. 

 

The membership of the Agenda Committee shall consist of five elected Senators, elected to the Committee by the Faculty Senate for one-year terms at the organizational meeting of the Faculty Senate each spring semester, plus ex-officio:  Chair and Vice Chair of the Faculty and Secretary of the Faculty.  The immediate past Chair of the Faculty, in residence, the Parliamentarian of the Faculty, and the Faculty Assembly Delegates shall serve as members without vote.  The Chair and Secretary of the Agenda Committee shall be chosen by the members from among its elected membership.  The quorum shall be three elected committee members.

 

The Agenda Committee is empowered to draw up, and arrange for the distribution of, the agenda for each meeting of the Faculty Senate.

           

The Committee reports the agenda directly to the members of the faculty and the Faculty Senate.  

 

The Agenda Committee It also reports to the Faculty Senate on any other matter within its charge requiring Faculty Senate action.

 

XII XIII. Order of Business for the Faculty Senate

The following order of business shall be observed in meetings of the Faculty Senate unless Senators vote to change the procedures as provided in this constitution: (I) call to order, (II) approval of the minutes, (III) special order of the day, (IV) unfinished business, (V) reports of committees, (VI) new business.

 

Each elected member of the Faculty Senate shall have one vote. Unless otherwise indicated, the ex-officio members shall have one vote each. Voting by the Faculty Senate shall ordinarily be by voice vote.  All matters shall be decided by a majority vote of those Senators present and voting except as stated in this constitution.          

 

A quorum shall consist of three-fifths of the elected faculty members of the Faculty Senate.

 

XIII XIV.  Limitations Upon Functions of the Faculty Senate

The general faculty shall be empowered to amend or rescind any act of the Faculty Senate, provided that a majority of the total membership of the general faculty at a regular or special meeting at which a quorum of at least two-thirds of the general faculty vote. shall be present and voting, so votes.

 

Acts or decisions of the Faculty Senate shall be considered approved unless vetoed within thirty days of the action by the Chancellor of East Carolina University by written notice to the Chair of the Faculty or unless the Chancellor notifies the Chair of the Faculty in writing that the proposal has been forwarded to the Board of Trustees or to the Board of Governors.

 

XIV XV.  Amendments to the Faculty Constitution

All proposed amendments to the Faculty Constitution shall be presented first at a regular meeting of the Faculty Senate for discussion, amendment or substitution.  At the next regular meeting of the Faculty Senate the amendment will be voted upon for submission to the general faculty for approval.

 

An amendment to the Faculty Constitution shall be effected only by action of the general faculty.

 

As the creating body, the general faculty shall be empowered to amend or abolish these articles establishing the Faculty Senate.  Any amendment to these articles or any action abolishing them shall require a vote of two-thirds of those present and voting at the annual Fall Faculty Convocation. a majority of the total membership of the general faculty, at a regular or special meeting at which a quorum of at least two-thirds of the general faculty shall be present and voting.

 

XV XVI.  Adoption and Changing of By-Laws of the Faculty Constitution

The Faculty Senate shall establish whatever by-laws are necessary.  A motion to amend the by-laws shall be presented first at a regular meeting of the Faculty Senate for discussion only.  At the next regular meeting of the Faculty Senate the motion to amend the by-laws will be acted upon, requiring a vote of two thirds of those elected senators present and voting for approval.  An amendment to the By-Laws of the Faculty Constitution shall be effected only by action of the Faculty Senate.

Approved:      Faculty Senate Resolution #05-18

                        pending

                        East Carolina University Chancellor

 

Amended:      Faculty Senate Resolution #97-13, March 1997

                        Interpretation made to Section VII. (3-30-93)