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University Senate Constitution

Preamble

 
The Montclair State University community, committed to the concept of shared governance, to the encouragement of mutual respect, and to a general concern for academic and administrative excellence, affirms the principles of open discussion, frequent and timely communication, and direct involvement in the affairs and decision-making processes of the University as set forth in this Constitution of the University Senate of Montclair State University.

ARTICLE I. Name

 
The name of this organization shall be the University Senate of Montclair State University, Upper Montclair, New Jersey.

ARTICLE II. Purpose, Authority, and Functions

SECTION A. Purpose
The purpose of this organization, in its role in the governance of the University, is to provide a forum for Faculty, Administrators, Librarians, Administrative Professionals, Professional Staff, and Students to discuss and recommend policy on academic issues to the Administration. At all times the University Senate shall recognize the prerogatives and jurisdiction of the Faculty/Professional Staff Bargaining Agent and the Student Government organizations.

 

SECTION B. Authority
  1. The University Senate's recommendations are advisory in nature. The Board of Trustees, acting upon the advice of the administration, has the legal authority to make all personnel and curricular decisions. The existence of a University Senate does not confer managerial status on faculty members or professional staff.
  2. Nonetheless, when a policy recommendation is passed by a majority of the University Senate voting membership, and is communicated to the President of the University by the University Senate Executive Board,the agreed upon principle of shared governance mandates the Administration' full consideration of the recommendation as the voice of the University community.
  3. It is incumbent on the President of the University to communicate to the University Senate the rationale(s) for rejecting or modifying University Senate recommendations.

 

SECTION C. Functions
In fulfilling its purpose, the University Senate shall:
  1. Initiate and review appropriate matters proposed for consideration.
  2. Establish, maintain, and dissolve all University-wide Standing, Advisory, and Ad hoc committees, in consultation with the University President as needed.
  3. Serve as the agency to which the All-University committees will report
  4. Gather information and opinions for study.
  5. Communicate deliberations and policy positions to the full University community.
  6. Review and evaluate periodically the effectiveness of the University Senate's role in the governance of the University.
  7. Provide procedures for change of structures and/or procedures of the University Senate.
  8. Establish bylaws for the conduct of University Senate business.

ARTICLE III. Membership

SECTION A. Definitions
  1. Faculty: Anyone holding full-time status with the rank of Distinguished Professor, Professor, Associate Professor, Assistant Professor, or Instructor.
  2. Administrator: Any one holding the following titles:
    • President of the University
    • Vice President of the University
    • Registrar, Associate Registrar, and Bursar
    • Administrative Associate
    • Dean and Associate Dean
  3. Librarian: Anyone on the library staff who is eligible to be a member of the bargaining unit.
  4. Administrative Professional: Anyone holding the title of director, associate director, administrative assistant, assistant vice president, or executive assistant.
  5. Professional Staff: Anyone who is a member of the bargaining unit of Montclair State University as determined by PERC but who does not come under the definitions above or is not on the teaching staff of any of the schools of the University.
  6. Student: Anyone matriculated in a degree program.
  7. Support Staff: Anyone employed by the University on full-time basis to provide maintenance, secretarial, food, or other such services.
  8. Ex officio: Where membership on the University Senate or any of its Councils is described as "ex officio" the presence of the ex officio members shall not be considered necessary for purposes of a quorum. Ex officio members shall serve without vote except where the University Senate bylaws allow for such voting on University committees.

 

SECTION B. Composition of the University Senate
University Senate members shall be elected representatives in accordance with the following constituencies and apportionments and as defined in Article III. A.
Membership = 59
Voting membership = 37
 
18 Faculty Representatives from Schools:
  • 3 from the School of Business
  • 3 from the College of the Arts
  • 3 from the College of  Science and Mathematics
  • 4 from the College of Education And Human Services
  • 5 from the College of Humanities and Social Sciences
12 At-large Faculty/Librarians
4 Professional Staff (including Academic Advisors)
1 Librarian
2 Students: One undergraduate student and one graduate student. Each of the two voting students shall be chosen from a group of five student representatives: the SGA President, the Board of Trustees non-voting student member, the GSO President, 1 at-large undergraduate full-time student, and 1 at-large undergraduate part-time student.
Non-voting memberships: 22
 
1 Faculty Representative to the Board of Trustees, ex officio, to be elected for a term of 2 years from the tenured, full-time teaching faculty according to at-large election procedures.
1 Local 1904 AFT President, ex officio
7 Vice Presidents, ex officio
8 Deans, ex officio
1 Chairperson of the chairperson's Council
1 Administrative Professional Representative, to be appointed annually by the Provost.
3 Students, to be the other graduate/undergraduate holders of the titles listed under the Student section of voting members
Exclusions: Anyone who holds a position designated as support staff or adjunct faculty. Any undergraduate student carrying fewer than 3 semester hours of academic work in a semester during which the University Senate is in session. Any graduate student carrying fewer than 3 semester hours of academic work in a semester during which the University Senate is in session.
SECTION C. Term of Office
  1. Each Senator elected shall serve for three years.
  2. All Schools shall elect one Senator each year. Schools with four or five Senators shall elect additional Senators each year as required to replace Senators whose terms have expired.
  3. When Senators complete their terms of office, new elections shall be held to fill the vacancies. Senators shall be eligible for re-election.
  4. Senators shall hold office from June 1 to May 31. Only emergency business shall be conducted during the months of June, July, and August.
  5. Student Senators are elected for one-year terms.
SECTION D. Responsibilities of Membership
  1. It shall be the duty of each Senator to attend the regularly scheduled meetings of the University Senate and any special meetings that may be called during the academic year.
  2. It shall be the duty of each Senator to serve actively on a Council and to attend its meetings regularly. When three absences from Council meetings are incurred, it shall be the mutual responsibility of the Senator and the Chair of that Council to seek re-assignment of the Senator to another Council or to redress the attendance problem positively.
  3. It shall be the duty of each Senator to carry out faithfully all Committee and special assignments that he or she has accepted.
  4. If for any reason a Senator shall be unable to carry out the responsibilities of office, this Senator shall report such condition to the President of the University Senate.
SECTION E. Resignations and Vacancies
  1. Resignations shall be submitted to the President of the University Senate and to the Recording Secretary and shall be reported in the minutes of the next meeting of the University Senate.
  2. Termination of employment of Montclair State University or termination of eligibility for University Senate membership shall constitute resignation from the University Senate.
  3. Absence from any three regularly scheduled meetings of the University Senate in any one academic year shall constitute resignation from the University Senate.
  4. When vacancies arise for seats with a remaining tenure of one to two years, an election shall take place in the constituency of the vacated seat in accordance with the election rules as set down in ARTICLE X. The election to fill the vacated seat shall be held no later than thirty days after publication of the resignation in the minutes of the University Senate. An exception to this rule shall be made when the thirty day period overlaps a period when the University is not in session. In this case, an election shall be held within thirty days of the resumption of classes.
  5. When vacancies arise for University Senate seats with less than one year's tenure remaining or for replacements for Senators on leave, the Committee on Committees shall appoint a person from the appropriate constituency to complete the term of office or term of leave.

ARTICLE IV. Officers and Their Duties

SECTION A. Officers
  1. Officers of the University Senate shall be elected by and from the voting membership of the                       University Senate at its annual organizational meeting. The four officers of the University Senate shall be:
    • President
    • Vice President
    • Recording Secretary
    • Corresponding and Financial Secretary
  2. All officers must be University Senate members throughout their terms.
SECTION B. Terms of Office
  1. Terms of office shall be two years from June 1 through May 31.
  2. Vacancies prior to the expiration of the term of office shall be filled by a vote of the University Senate from its membership on a pro tem basis.
SECTION C. Duties of Officers
  1. The President shall:
    • Preside at meetings of the University Senate and of the Executive Board.
    • Recommend to the Executive Board such changes as may be deemed necessary to improve the functioning of the University Senate.
    • Serve or appoint a designee to serve as an ex officio member, without vote, on all Councils of the University Senate.
  2. The Vice President shall:
    • Fulfill the duties of the President in his/her absence.
    • Serve as the University Senate parliamentarian.
    • Serve as an assistant to the President.
    • Serve as Chair of the Committee on Committees.
  3. The Recording Secretary shall:
    • Keep minutes of all meetings of the University Senate and distribute them promptly to all University Senate members and the University community. Sufficient copies of the minutes shall be made available to the Administration for distribution to the Board of Trustees.
    • Keep minutes of all meetings of the Executive Board and distribute summaries when necessary to Senators.
    • Monitor attendance at University Senate meetings and communicate names of absentees when appropriate.
    • Retain ballots of all elections of members to the University Senate for three years.
    • Maintain archives of important papers of the University Senate.
  4. The Corresponding and Financial Secretary shall:
    • Publish advance notification and the agenda for all meetings of the University Senate and any other meetings which arise from University Senate action or petition.
    • Carry on correspondence pertinent to the University Senate and its activities.
    • Account for and report on all funds entrusted to the University Senate.

ARTICLE V. Executive Board

SECTION A. Membership
The Executive Board shall consist of the four elected Officers of the University Senate, the Chairs of the Councils, the immediate past President, and the Negotiations Agent Liaison.
SECTION B. Functions of the Executive Board
The Executive Board shall:
  1. Coordinate the work of the University Senate.
  2. Plan agendas for full University Senate meetings.
  3. Organize the University Senate Councils in accordance with the provisions set forth in ARTICLE VI.
  4. Refer matters to the appropriate units of the University Senate for consideration.
  5. Establish direct lines of communication and reporting with all relevant University committees.
  6. Assure prompt distribution of its own and all other University Senate actions to all Senators and the University community. Sufficient copies of any such actions shall be made available to the Administration for distribution to the Board of Trustees.
  7. Cooperatively develop and review the nature of the relationship between the University Senate and the Administration and between the University Senate and the faculty/professional staff Bargaining Agent.
  8. Cooperatively establish with the Administration standard procedures for consulting appropriate administrative officers whenever administrative policies, actions, or decisions are studied by the University Senate or its Councils and Committees or whenever administrators request study and discussion of contemplated administrative decisions.
  9. Cooperatively establish with the faculty/professional staff Bargaining Agent standard procedures for consultation whenever the Bargaining Agent requests study and discussion of contemplated Bargaining Agent decisions.
  10. Facilitate the review and communication of minority positions to the University Senate and other appropriate bodies.
  11. Monitor attendance, through the Recording Secretary, and communicate with absentees.
  12. When special circumstances warrant, be empowered to issue statements or make recommendations on matters normally the province of other units of the University Senate.
  13. Maintain communication with the Faculty Representative to the Board of Trustees regarding University Senate issues.

ARTICLE VI. Councils

SECTION A. Names
  1. Academic Affairs
  2. Administrative Affairs
  3. Student Affairs
SECTION B. Membership
  1. All voting members of the University Senate shall be nominated to Council seats except the Officers.
  2. Non-voting University Senate members may participate in Council discussions without vote.
  3. No Council shall have fewer than nine members including the Chair.
  4. Council assignments shall be for one year, save for the Chair, who shall be elected by the Senate for a term of 2 years.
  5. In determining the distribution of Senators among the Councils, the Executive Board shall give primary consideration to the expressed preferences of each Senator.
SECTION C. General Purposes
  1. Each Council, in cooperation with the Standing and Advisory Committees in its areas of responsibility, shall participate in the formulation of recommendations and policy positions bearing upon the Council's area of concern.
  2. Each Council shall seek out and identify problems and concerns within its area of responsibility.
  3. Each Council shall be responsible to the University Senate for the review and continuous evaluation of the affairs of the University community within the area of the Council's charge and concern.
SECTION D. Responsibilities
  1. Councils shall receive statements and/or recommendations from any group or individual in the University community for review, comment, or action.
  2. Councils shall receive Standing and Advisory Committee reports.
  3. Councils shall review Committee reports and bring policy recommendations or resolutions to the University Senate for discussion and approval. Recommendations about procedural matters shall be forwarded directly by the Committee to the appropriate administrator, with a copy to the Council.
  4. A Council's recommendation or resolution may not veto a Committee's report or revise a Committee's proposal. A Council may forward a dissent for deliberation by the full University Senate.
  5. Councils shall inform Committees of all actions taken.
SECTION E. Academic Affairs Council
  1. The purpose of the Academic Affairs Council shall be to participate in the formulation of policy positions bearing upon the academic life of the University, such as:
    • Threats to academic freedom not covered contractually through the agreement with the faculty/professional staff Bargaining Agent. "Academic freedom," however, is defined contractually.
    • Undergraduate and graduate curricula and degrees.
    • Undergraduate, graduate, and extension programs and courses.
    • Grading and evaluation of students.
    • Academic direction and standards for research programs and facilities.
  2. Functions of the Academic Affairs Council shall be carried out through committees as described in the Bylaws.
SECTION F. Administrative Affairs Council
  1. The purpose of the Administrative Affairs Council shall be to participate in the formulation of policy positions bearing upon the ongoing conduct and the general development and expansion of the University, such as:
    • Facilities
    • Scheduling and reservations procedures
    • Internal and external communications
    • Investigation of new programs, needs, and opportunities
    • Priorities in the fiscal support of University programs
    • Budget preparation
  2. Functions of the Administrative Affairs Council shall be carried out through committees as described in the Bylaws.
SECTION G. Student Affairs Council
  1. The purpose of the Student Affairs Council shall be to participate in the formulation of policy positions bearing upon student life of the University, such as:
    • Faculty-student relations
    • Student rights and responsibilities
    • Investigation of student needs
    • University Senate liaison with the Student Government Association and the Graduate Student Organization
  2. Functions of the Student Affairs Council shall be carried out through committees as described in the Bylaws.

ARTICLE VII. Negotiations Agent Liaison

SECTION A.
The Negotiations Agent Liaison shall serve as the communications link between the University Senate and the faculty/professional staff Bargaining Agent. This person shall sit on the University Senate Executive Board and shall report regularly to the University Senate on Bargaining Agent activities.
SECTION B.
The liaison must be a voting member of the University Senate and an active member in good standing of the faculty/professional staff Bargaining Agent and will be elected by the University Senate to the Executive Board.

ARTICLE VIII. Committee On Committees

SECTION A. Composition and Term
  1. The Committee shall be composed of the Vice President of the University Senate who shall serve as Chair and four voting Senators nominated by the Senate Nominating Committee and elected by the University Senate.
  2. In the first year of its existence, two of the Senator members shall be appointed for one-year terms, two for two-year terms. Thereafter, all appointments shall be for two-year terms.
SECTION B. Responsibilities
The Committee shall be responsible for the following:
  1. Ensuring that University committees are staffed, by
    • circulating lists of openings on committees and soliciting nominations for membership.
    • requesting the Elections Committee to organize elections for membership on committees which have been designated in the University Senate Bylaws as elective.
    • in the case of committees, if any, which have been designated as appointive in the Bylaws, furnishing the University Senate with a list of proposed names for ratification.
    • making recommendations to fill unexpired terms on University Standing Committees.
  2. Periodically evaluating the effectiveness of the committee structure and recommending any necessary alterations to the University Senate.
  3. Recommending to the University Senate the creation of new committees or changing existing committee functions and/or constituencies in accordance with procedures described in the Bylaws.
  4. Standing, Advisory, Ad hoc, or Contractual.

ARTICLE IX. College Committees

SECTION A. Structure
The Committee structure of the University shall be as outlined in the Bylaws of the University Senate Constitution.
SECTION B. Eligibility
Any member of the University community as defined in Article III. A. is eligible for committee membership.
SECTION C. Reporting
  1. All University-wide committees are considered committees of the University Senate except those established and described contractually between the faculty/professional staff Bargaining Agent and the University.
  2. All committees of the University Senate shall report procedural recommendations directly to the administrator involved, with a copy to the appropriate Council.
  3. All committees of the University Senate shall report policy recommendations to the appropriate Council.
SECTION D. Standing Committees
  1. Standing Committee appointments shall be made in the following ways:
    • Administrators shall appoint their representatives.
    • Faculty, administrative professionals, professional staff, and librarians either shall be nominated by the University Senate Committee on Committees and approved by the University Senate or in certain cases shall be elected.
    • Student representatives either shall be appointed by the Student Government Association and the Graduate Student Organization or shall be elected.
    • Membership on contractual committees shall continue to be as specified by the contract.
  • Any member of the campus community may bring an issue before a standing committee or before the University Senate. The Executive Board of the University Senate may decide to refer the issue to an appropriate committee or may choose to place it on the University Senate's agenda.
  • Committee appointments shall be three-year rotating terms for faculty, professional staff, librarians, and administrators. Students shall be appointed for one-year terms, renewable for up to three years.
    • SECTION E. Other Committees
    1. Advisory Committees are consitituted by the administrator in charge of that committee. They assist in evaluating the effectiveness of existing policy for recommending policy for a particular program or division. They shall report regularly to the administrator in charge and and report to the University Senate on a regular basis.
    2. Contractual Committees are created through collective bargaining agreements.
    3. Ad Hoc Committees and Task Forces, when needed, shall be created through consultation between the University Senate and the University President. It is understood that, even in emergencies, the President shall communicate with the University Senate Executive Board before creating a Task Force.

    ARTICLE X. Elections

    SECTION A. Elections Committee
    1. Appointments to the Elections Committee shall be recommended by the Executive Board for approval by the University Senate at the first meeting of the University Senate in the Fall semester.
    2. The Elections Committee shall serve for two years.
    3. In every case, the Elections Committee shall be responsible for the conduct of elections, the collection and tabulation of ballots, and the publication of the results.
    4. The Elections Committee shall be the final arbiter in all disputes arising from election procedures, subject to the review of the University Senate.
    5. Elections shall be conducted in such a manner as to provide for the secrecy and integrity of the ballots and the accuracy of the tabulation.
    6. The President of the University Senate shall provide the Elections Committee with a list of all members of University Senate constituencies before December 1 or each year.
    7. The Elections Committee shall serve as the University Senate Nominating Committee.
    SECTION B. Nominations and Publication of the Ballot
    1. Any member defined as eligible in ARTICLE III (A) may be nominated to the University Senate.
    2. Nominations shall be by written petition, bearing the signature of the nominee, submitted to the Elections Committee.
    3. The Elections Committee shall acknowledge receipt of a nominating petition.
    4. The Elections Committee shall publish the results of the final ballot for each election.
    5. When the number of nominees for a single vacant position exceeds eight, a preliminary election shall be held. The three candidates with the largest number of votes shall be the nominees in a run-off election. In elections where more than one vacancy exists (such as the election for four at-large seats), a preliminary election shall be held if the total number of candidates exceeds sixteen, to reduce the field to a number three times the number of seats. A run-off election shall be held.
    6. All nomination announcements and ballots shall clearly designate the terms of office for each vacant position.
    SECTION C. Election Sequence
    1. Elections for at-large Senators shall be held in February, beginning with an announcement of vacant positions to the campus community the first week of February.
    2. Unsuccessful at-large candidates may run for other unfilled constituent positions.
    3. Nomination announcements for other constituent positions shall be sent to each member of constituent groups immediately upon the completion of the at-large elections.
    4. All constituent and at-large elections shall be concluded by March 31 to assure that the membership is in order for the Nominating Committee.
    SECTION D. Method of Voting
    1. Eligible persons shall cast one vote for each vacant position in the elections for at-large positions.
    2. When one or more School or other constituent positions are vacant with dates receiving the highest number of votes cast shall be elected to three-year terms; candidates with the next highest votes shall be elected to two- or one-year terms.
    SECTION E. Special Elections
    In the event that a Senator resigns during the first two years of a term, a special election shall be conducted during the regular election process to complete the term. The person elected shall be seated immediately.
    SECTION F. Nominating Committee
    The Election Committee shall serve as the Nominating Committee for the Executive Board of the University Senate and for the Committee on Committees.

    ARTICLE XI. Meetings

    SECTION A. Regular Meetings
    1. Meetings of the full University Senate shall be held at regularly scheduled times.
    2. Announcement of the time and place of the meeting and an agenda shall be published at least one week in advance of regular meetings.
    3. Regular meetings shall be open to all members of the University community for the purpose of enabling them to hear discussion of agenda items. A period of each meeting shall be set aside for open discussion of agenda items.
    4. The President of the University Senate, the Executive Board, or the University Senate by resolution, shall have the power to invite any person to address the University Senate.
    SECTION B. Special Meetings
    1. A special meeting of the University Senate may be called at a designated time and place by the President of the University Senate.
    2. Special meetings may also be called by:
      • the Executive Board at the request of the President of the University

      • the Executive Board of the University Senate, a Council of the University Senate, ten Senators, or 10% of the University faculty
    3. A special meeting of any Council or Committee of the University Senate may be called at a designated time and place by the President of the University Senate, or the Chair of the Council or Committee, or the Executive Board of the University Senate, or the request of any three members of the Council or Committee.
    SECTION C. Organizational Meeting
    An organizational meeting of the University Senate shall be held at the May meeting.

    ARTICLE XII. Transaction of Business

    SECTION A. Initiation of Action
    1. The University Senate and its Councils and Committees shall seek out and identify problems and concerns within their areas of responsi­bility.
    2. The University Senate or any of its Councils or Committees shall be open to written suggestions by any member of the University community.
      • Suggestions intended to be placed on the agenda of the University Senate or Council or Committee shall be directed through members of the University Senate to the Executive Board of the University Senate which shall make the appropriate decision on action to be taken.
      • A petition of five Senators or 5% of the faculty shall be sufficient to place a matter on the agenda of the University Senate or specified Committee.
    3. The agenda of each Council shall be drafted by the Chair after taking cognizance of items received.
    4. The agenda of the University Senate shall be drafted by the President of the University Senate after consultation with the Executive Board in accordance with the principles set forth above.
    SECTION B. Nature of Sessions
    1. A quorum of the University Senate shall consist of one-half plus one of the voting membership.
    2. Minutes of the University Senate and its Councils shall include all motions, decisions, and recommendations.
    3. Robert's Rules of Order, as revised, shall be the governing rules of tution or inconsistent with other University Senate regulations.
    4. Before each meeting the Corresponding Secretary shall send to each member of the University Senate and the administrative officers of the University, the agenda, any proposed resolutions, and any reports scheduled for discussion.
    5. All communications to the University Senate shall be addressed to the President of the University Senate.

    April 1991

    Amended and Approved by the Faculty Senate May 1991

    Prepared by the Constitution Committee:
    Jack Sacher, Kay Wilkins, Alyce Miller, Saundra-Collins (Acting Chair)

    Corrected August 1995