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Commission Constitution

President's Commission on Affirmative for Equal Opportunity

Preamble


WHEREAS, Montclair State University, in compliance with all federal and state civil rights and equal opportunity legislation, will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, gender, sexual orientation, age or physical/mental disability not interfering with performance of the job; and

WHEREAS, Montclair State University is legally required to develop, maintain and implement a written affirmative action plan to improve recruitment, hiring and promotion of women, and minority group members (as defined by the Department of Labor and the Equal Employment Opportunity Commission), which have been subjected to systemic institutional forms of exclusion and discrimination; and

WHEREAS, Montclair State University is morally committed, as well as legally obligated, to assure all employees fair and equal treatment in every aspect of employment including, but not limited to, retention, termination, promotion, tenure, remuneration, fringe benefits and other conditions of work; and

WHEREAS, Montclair State University wishes to extend the concept of equal opportunity to all aspects of its student activities and operations including, but not limited to, admissions, residence life, financial aid and all University benefits, services and use of facilities; and

WHEREAS, Montclair State University can best carry out its legal responsibility and its moral commitment to eliminate all discrimination on the basis of race, color, religion, national origin, gender, sexual orientation, age, and physical handicap, and can best assure success of the affirmative action program by bringing into the deliberative and decision-making processes representatives from the University community;

NOW, THEREFORE, the President's Commission of Affirmative Action for Equal Opportunity is hereby established.

ARTICLE I. NAME
The title of this group shall be THE PRESIDENT'S COMMISSION ON AFFIRMATIVE ACTION FOR EQUAL OPPORTUNITY. It may be referred to for convenience as THE PRESIDENT'S COMMISSION ON AFFIRMATIVE ACTION.

ARTICLE II. PURPOSE
The Commission's mandate is to:
A. Recommend to the President of the University that special studies be undertaken to identify, analyze, and evaluate problem areas inherent in minority and female employment.
B. Recommend to the President of the University policies and procedures to assist in the development, maintenance and implementation of the University's equal employment opportunity and affirmative action program required by Federal Executive Orders 11246 and 11375, as amended, and any other federal or state rules or regulations now in effect or which may be passed relating to equal opportunity and affirmative action.
C. Take, with the consent of the President of the University, any and all steps within the framework of internal University procedures, to assure that the University fulfills its legal responsibilities and its moral commitment to equal opportunity and affirmative action without regard to race, color, religion, national origin, gender, sexual orientation, age, or physical/mental disability.
D. Assist the Director of Equal Opportunity/Affirmative Action in all ways to achieve success in carrying out the Office's mandate to organize and monitor the University Equal Opportunity and Affirmative Action program.

ARTICLE III. MEMBERSHIP
A. There shall be three categories of membership: At-Large Members as listed in item C below; constituency representatives as listed in item D below; and Ex-Officio Members as listed in item F below.
B. There shall be no fewer than fifteen (15) voting members serving during an academic year, and members shall represent a reasonable cross-section of the University community, including women and members of the minority groups for whom Affirmative Action is required under relevant Federal and State Executive Orders, laws, and regulations.
C. The President shall appoint no more than ten (10) At-Large Members.
D. Each of the following University constituencies shall be eligible to nominate for consideration of the President one constituency representative and one official alternate, by whatever democratic process each deems appropriate:

University Constituency
1. Managerial Staff
2. Faculty Senate
3. Faculty
4. Local 1904 (AFT/AFL-CIO)
5. Non-Teaching Professional Staff
6. Secretarial/Clerical
7. Communication Workers of America (CWA)
8. Maintenance
9. Local 195 (International Federation of Professional and
Technical Engineers)
10. Safety and Security
11. African American Caucus
12. Asian/Pacific Islander Caucus
13. Hispanic Caucus
14. Women's Groups
15. Student Government Association (SGA)
16. Organization of Students for African Unity (OSAU)
17. Latin American Student Organization (LASO)
18. PRIDE (Gay/Lesbian/Bi-Sexual Student Organization)
19. Gay/Lesbian Faculty/Staff Association.(GLFSA)
20. Asian Student Group
21. ADA Representative
E. Constituency Representatives or their duly appointed official alternates and At-Large Members shall be voting members to be approved by the President.
F. Ex-Officio members, without vote, shall be:
1. Vice President for Human Resources
2. Compliance Officer for Title IX and 504 Rehabilitation Act
3. Director of Equal Opportunity/Affirmative Action
G. Voting members of the Commission shall: serve for a two (2) year term commencing May 1 and ending April 30; be eligible for reappointment, be given time to attend meetings; and carry out other appropriate duties.
H. Commission members should notify the Equal Opportunity/Affirmative Action Office when not able to attend duly called meetings. Commission members who fail to attend four meetings in any one academic year may be removed at the recommendation of the Executive Committee.

ARTICLE IV. OFFICERS, EXECUTIVE COMMITTEE, TERM, FUNCTION
A. A Chairperson, Vice-chairperson, Recording Secretary and Corresponding Secretary shall be elected from among the voting members of the Commission by a majority vote at a duly called meeting.
B. The Executive Committee shall be composed of the officers and chairs of each standing committee.
C. Vacancies on the Executive Committee shall be filled by special election of officers or standing committee for chairs where the vacancies exist.
D. PCAA Officers and Executive Committee members shall serve for one year, or until their successors are duly elected.
E. One person may serve as Vice-Chairperson for no more than three (3) consecutive terms. If a person fills out more than one-half of a term, it shall constitute a full term.
F. The Chairperson shall have the responsibility to coordinate and facilitate the work of the Standing Committees.
G. The Vice Chair shall preside at Commission and Executive Committee meetings in the absence of the Chair, and perform other duties at the discretion of the Chair.

ARTICLE V. MEETINGS
A. The Chairperson shall arrange meetings of the Commission by written or oral notice to members at least five (5) working days in advance of the meeting date.
B. The Chairperson shall arrange meetings of the Executive Committee by written or oral notice to the Committee members at least three (3) working days in advance of the meeting date.
C. Special meetings of the Commission shall be called by the Chairperson upon the written request of a minimum of seven (7) voting members of the Commission.
D. Special meetings of the Executive Committee shall be called by the Chairperson or the Vice-Chairperson upon written request of four (4) voting members of the Executive Committee.
E. The Chairperson or the Vice-Chairperson shall preside at Commission and Executive Committee meetings.
F. The Commission and/or the Executive Committee shall meet as determined by need, but no fewer than four times and six times, respectively, during the academic year.
G. Minutes shall be kept of meetings by the Recording Secretary.

ARTICLE VI. COMMITTEES
A. STANDING COMMITTEES
The following shall be the Standing Committees of the Commission:
Recruitment and Retention Review Committee
Committee on the Status of Minorities at MSU
Committee on the Status of Women at MSU
1. The Chairperson shall appoint members to Standing Committees and designate initial Conveners upon the approval of the Executive Committee.
2. At the first meeting of each Standing Committee, a Chairperson shall be duly elected by the committee members from among its members.
3. One person may serve as Chairperson of the same Standing Committee for no more than three (3) consecutive terms. If a person serves more than half of his/her term, it shall be deemed a full term.
B. AD HOC COMMITTEES
The Chairperson in consultation with the Executive Committee shall establish Ad Hoc Committees necessary to carry out the Commission mandate and shall appoint members and designate the Conveners. At the first meeting of the Ad Hoc Committee, a Chairperson shall be duly elected by the Committee from among its members.

ARTICLE VII. NOMINATING COMMITTEE
A. A Nominating Committee of no fewer than three (3) and no more than five (5) voting members shall be elected at a duly called Commission meeting and shall include representatives of the target population for affirmative action as defined by the United States Department of Labor and the Equal Employment Opportunity Commission.
B. The Chairperson shall designate a Convener for the first meeting of the Nominating
C. At the first meeting of the Nominating Committee, a Chairperson of the Nominating Committee shall duly elected by the Committee from among its members.
D. The Nominating Committee shall prepare the slate for Chairperson, Vice-Chairperson, Recording Secretary and Corresponding Secretary which shall be presented at a meeting duly called in accordance with Article VIII. Nominee consent must be given before their names are placed on the ballot.

ARTICLE VIII. NOTICE OF ELECTION MEETINGS
A. Written notice of the meeting for the election of the Chairperson, ViceChairperson, Recording Secretary and Corresponding Secretary shall be sent to voting members at least five (5) working days in advance of said meeting date. The written notice should include the Nominating Committee's slate and other pertinent information.
B. Written notice of the election meeting for the Standing Committee Chairperson shall be sent to voting members of the Standing Committee at least five, (5) working days in advance of the meeting date. It must state/confirm that the election of the Standing Committee will take place.
C. Nominations for Chairperson, Vice Chairperson, Recording Secretary and Corresponding Secretary will be accepted from the floor, with nominee consent.

ARTICLE IX. QUORUM
A. A quorum at duly called meetings of the Commission shall be a majority of the voting members.
B. A quorum at duly called meetings of the Executive Committee shall be two-thirds of the voting members.
C. In determining the number required for a quorum, less than whole numbers shall be dropped.

ARTICLE X. ROBERT'S RULES OF ORDER
All meetings shall be conducted in accordance with this constitution and Robert's Rules of Order.

ARTICLE XI. AMENDMENTS
At a duly called meeting of the Commission, this constitution can be amended by two-thirds vote of the total voting members of the Commission, provided that the substance of
the amendment has been submitted to the members in writing at least fifteen (15) working days prior to the date of the meeting in which the amendment will be presented for vote.

ARTICLE XII. RATIFICATION
At a duly called regular or special meeting of the Commission, this constitution shall be ratified by two-thirds vote of the total voting members of the Commission.

THIS CONSTITUTION WAS RATIFIED AT A DULY CALLED MEETING OF THE COMMISSION ON MAY 18, 2000. _________________________________
Approved by President Cole
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Date