WHEREAS, Montclair State University, in compliance with all federal and/or state civil rights and equal opportunity legislation and executive orders, will not discriminate against any employee or applicant for employment because of race, creed, color, sex/gender (including pregnancy), age, religion, national origin, ancestry, marital or familial status, civil union status, affectional or sexual orientation, gender identity and expression, domestic partnership status, atypical cellular or blood trait, genetic information, physical/mental disability not related to or interfering with performance of the job; liability for service in the Armed Forces of the United States or any other non job-related criteria; 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, sex/gender, sexual orientation, age, disability, and other above-noted protected classes and can best ensure success of the affirmative action program by bringing into the deliberative and decision-making processes representatives from the University community; and
WHEREAS, Montclair State University has a moral and social commitment to embrace diversity and to support and encourage the value of diversity and its added value to the quality of University life by recognizing the contributions of a diverse workforce and student body.
NOW, THEREFORE, the President’s Commission on Affirmative Action, Equal Opportunity and Diversity is hereby established.
ARTICLE I. NAME
The original title of this group was the President’s Commission on Affirmative Action for Equal Opportunity.
The title of this group shall be renamed THE PRESIDENT’S COMMISSION ON AFFIRMATIVE ACTION, EQUAL OPPORTUNITY AND DIVERSITY. It may be referred to, for convenience, as THE COMMISSION.
ARTICLE II. PURPOSE
The Commission’s mandate is to:
- 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.
- 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 and state laws, executive orders or regulations now in effect or which may be passed relating to equal opportunity and affirmative action, and that is in keeping with the University’s mission to maintain a campus community of faculty, staff, and students that reflects the diversity of New Jersey.
- 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, and other above-noted protected classes.
- Engage in programs and activities, with the consent of the President of the University, that promote and support diversity initiatives on campus.
- Assist the Director of Equal Opportunity/Affirmative Action and Diversity in all ways to achieve success in carrying out the Office’s mandate to organize and monitor the University Equal Opportunity/Affirmative Action and Diversity program.
ARTICLE III. MEMBERSHIP
- 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.
- 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 protection against discrimination, equal opportunity and affirmative action are required under relevant federal and state laws, executive orders and regulations.
- The President shall appoint no more than ten (10) At-Large Members.
- 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
- Managerial Staff
- University Senate
- Local 1904 (AFT/AFL-CIO)
- Professional Staff
- Communication Workers of America (CWA)
- University Facilities
- Local 195 (International Federation of Professional and Technical Engineers
- University Police
- African American Caucus
- Asian/Pacific Islander Caucus
- Latino/a Caucus
- Women’s Caucus
- Student Government Association (SGA)
- Organization of Students for African Unity (OSAU)
- Latin American Student Organization (LASO)
- SPECTRUMS (Lesbian, Gay, Bisexual, Transgender and Allies Student Alliance)
- Gay/Lesbian Faculty/Staff Association (GLFSA)
- Unified Asian American Student Organization (UAASO)
- Persons with Disabilities
- Active Minds
- Council for Faith and Spirituality
- Veteran and Military Resources
- University Constituency
- Constituency representatives or their duly appointed official alternates and At-Large Members shall be voting members to be approved by the President.
- Ex-Officio members, without vote, shall be:
- Vice President for Human Resources
- Compliance Officer for Title IX and 504 Rehabilitation Act
- Director of Equal Opportunity/Affirmative Action and Diversity
- Voting members of the Commission shall: serve for a two (2) year term commencing May 1 and ending April 30; be eligible for reappointment; and be given time to attend meetings and carry out other appropriate duties.
- Commission members should notify the Director of Equal Opportunity/Affirmative Action and Diversity or the Commission Chairperson 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 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.
- The Executive Committee shall be composed of the officers and chairs of each standing committee and ex-officio officers.
- Vacancies on the Executive Committee shall be filled by special election of officers or standing committee for chairs where the vacancies exist.
- Commission Officers and Executive Committee members shall serve for one year, or until their successors are duly elected.
- The Chairperson shall have the responsibility to coordinate and facilitate the work of the Standing Committees.
- 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.
- The Fiscal Officer shall be appointed by the Executive Committee and will be responsible for all fiscal-related matters of the Commission.
ARTICLE V. MEETINGS
- 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.
- 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.
- 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.
- 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.
- The Chairperson or the Vice-Chairperson shall preside at Commission and Executive Committee meetings.
- The Commission and the Executive Committee shall meet on a monthly basis during the academic year as determined by need, but no fewer than four times and six times, respectively, during the academic year.
- Minutes shall be kept of meetings by the Recording Secretary.
ARTICLE VI. COMMITTEES
- STANDING COMMITTEES
- The following shall be the Standing Committees of the Commission:
- Committee on Affirmative Action and Equal Opportunity – will address issues presented to the Commission as it pertains to the protected classes for affirmative action and equal opportunity in order to assure fairness and equity, and make recommendations to the President for corrective action.
- Committee on Diversity – will engage in, and recommend Commission sponsorship of, programs and activities that promote and support diversity initiatives on campus.
- Recruitment and Retention Committee – will review and analyze faculty, staff, and student data to ascertain recruitment and retention trends, identify problem areas inherent to protected classes for affirmative action and equal opportunity, and make recommendations to the President for corrective action.
- The Chairperson or Vice Chairperson shall appoint members to Standing Committees and designate initial conveners upon the approval of the Executive Committee.
- At the first meeting of each Standing Committee, a Chairperson shall be duly elected by the committee members from among its members.
- 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.
- The following shall be the Standing Committees of the Commission:
- AD HOC COMMITTEES
- The Chairperson in consultation with the Executive Committee, and with the approval of the general membership body, 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 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.
- The Chairperson shall designate a Convener for the first meeting of the Nominating Committee.
- At the first meeting of the Nominating Committee, a Chairperson of the Nominating Committee shall duly be elected by the Committee from among its members.
- 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 OF OFFICERS
- Written notice of the meeting for the election of the Chairperson, Vice Chairperson, 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.
- 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.
- Nominations for Chairperson, Vice Chairperson, Recording Secretary and Corresponding Secretary will be accepted from the floor, with nominee consent.
ARTICLE IX. QUORUM
- A quorum at duly called meetings of the Commission shall be a majority of the voting members.
- A quorum at duly called meetings of the Executive Committee shall be two-thirds of the voting members.
- 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 AMENDED AND RATIFIED AT A DULY CALLED MEETING OF THE COMMISSION ON MARCH 23, 2011.
Approved by President Susan A. Cole – May 2, 2011