Section III

PURPOSES, POWERS, AND FUNCTIONS

A. Faculty Assembly

B. University Senate

A.

Faculty Assembly

1.

The Assembly shall consist of all full-time faculty and all part-time tenured and tenure-track faculty.

2.

The Assembly shall serve as a recommending body in the formation, implementation and review of institutional policy.

3.

The Assembly shall act by submitting recommendations through the Senate.

4.

In the event that the Senate does not accept the recommendations of the Assembly, the matter may be reviewed by the Assembly. If a simple majority of the Assembly in session so decides, the specific recommendation will be presented directly to the President of the University and/or to the Local Chapter of the bargaining agent.

5.

The Assembly shall be empowered to override actions originating in and passed by the Senate. A two-thirds majority of the Assembly members present in session is required for such action.

6.

The Assembly elects the officers of the Senate and members of the Standing Committees.

7.

All elections conducted by the Faculty Assembly shall be by mail ballot. All elections shall be by secret ballot.

8.

In any election, the candidate receiving the greatest number of votes must win at least 40% of the votes in order to win the position; failing this, the two candidates receiving the greatest number of votes shall participate in a run-off election.

B.

University Senate

1.

Membership

a.

One senator elected by and from the members of each academic department or discipline which has three or more full-time faculty members, teaching or non-teaching. (See Appendix).

b.

One senator elected by and from the academic and administrative faculty not represented by the senators of Section B. l. a, above.

c.

One senator elected by and from the State University Managers.

d.

One senator elected by and from the athletic coaching staff.

e.

One senator elected by and from AFSCME.

f.

The President of the Senate.

g.

The Vice-President, Secretary and Treasurer of the Senate.

h.

The chairpersons of the Academic Affairs Committee, the Academic Planning Committee, the Administrative Affairs and Elections Committee, the Student Affairs and Admissions Committee, the Information Technology Committee, and the Library Advisory Committee. The chairperson of the Professional Committee (all-university tenure, promotion and sabbatical committee) of the Local Chapter of the faculty bargaining agent, shall be a non-voting Senate member, who shall report to the Senate for informational purposes the activities of the Professional Committee.

i.

Two students selected by the Student Government Association.

j.

The President of the Local Chapter of the bargaining agent, or his/her designee.

k.

The immediate past President of the Senate at his/her option.

l.

The chief academic officer of the University or his/her designee shall be an ex officio, non-voting member of the Senate.

m.

No senator may simultaneously represent two or more constituencies on the Senate.

n.

If a department or discipline becomes eligible or ineligible for representation on the Senate, any necessary changes in representation shall be made at the beginning or end of an academic term or year, as applicable.

2.

Purpose and Functions

a.

The purpose of the Senate shall be to deliberate, to advise and to communicate with the President of the University and/or with the Local Chapter of the bargaining agent regarding the faculty's concerns on matters of institutional and educational policy, to initiate action on all matters with which the faculty is concerned, and to support the administration, when appropriate, in its relationship with regulatory bodies and outside agencies.

b.

The functions and responsibilities of the Senate shall be executed within the framework of existing laws which set forth the rules and regulations for the State University Board of Governors, the Council of Trustees, the President of the University, and the bargaining agent(s).

c.

The Senate shall be empowered to recommend to the President of the University policy relating to academic affairs, academic planning, administrative affairs, student affairs, faculty affairs and any other matters of general interest.

d.

The Senate shall act by submitting its proposals and decisions to the President of the University. Issues which directly impact upon bargaining unit matters, however, will first be referred to the Local Chapter of the bargaining agent. If the Local Chapter wishes to send a representative to the next meeting of the Senate to express its concerns on particular actions, it may do so. The Local Chapter shall inform the President of the Senate of its desires in advance of the next Senate meeting. The Senate will not transmit its actions on such matters to the President of the University before the next meeting of the Senate. Under the circumstances outlined above, a simple majority of those present in the Senate who are eligible to vote will be required to rescind the previous action or to refer it to the Local Chapter.

e.

The Senate shall expect the President of the University to respond in writing to the actions of the Senate before thirty calendar days have elapsed. In the event that the recommendations of the Senate are not accepted by the President of the University, reasons shall be given.

f.

Should the President of the University fail to approve a Senate decision, the matter shall be reviewed by the Senate and referred to the Local Chapter of the bargaining agent to determine if the issues concern matters of contract or law.

g.

In the event that the review of Section III.B 2, f does not result in a satisfactory resolution, the Senate may vote to refer the issue to the Assembly for its decision. The Senate must reaffirm its position by a three-fourths majority of those voting before the issue may be sent to the Assembly. Should the Assembly agree with the Senate by a two-thirds majority of those voting, then the Senate will resubmit its decisions to the President of the University, and at the same time instruct its faculty representative to transmit these decisions directly to the Council of Trustees.

h.

The Senate shall be empowered to propose and discuss amendments to this Constitution.