Appendix G - Senate Constitution

Appendix G. Senate Constitution

Constitution of the Senate of Michigan Technological University

Approved by the Board of Control, February 2005
Adopted by the Senate, February 2005

Article I -- Name

The name of this organization shall be The University Senate of Michigan Technological University.

Article II -- Constituents

The University Senate's constituency is the University's academic and research faculty and professional staff, including staff employed at independent research units. These groups meet and operate as a unit under a single Constitution and By-Laws, with a single set of University Senate officers and committees. Voting on certain issues will be confined to one of these groups, as defined in Article III below.
Individuals:

University Senate constituents are University professional staff and faculty who are employed full time for a minimum of 9 months per year, unless otherwise excluded because of major administrative functions (see paragraph 4 below). Full time is defined as a minimum of 30 hours per week.
Faculty Constituents:

Academic faculty shall be constituents of the University Senate, unless otherwise excluded. The academic faculty are individuals holding a rank of instructor, lecturer, assistant professor, associate professor or professor for a minimum of nine months full-time.
Research faculty shall be constituents of the University Senate, unless otherwise excluded, and will be represented by the Faculty Senator elected from the department in which they are appointed. The research faculty are individuals holding a rank of research assistant professor, research associate professor or research professor for a minimum of nine months full-time.
Department chairs and associate deans shall be constituents of the University Senate but may not serve as Senators or Alternates or as members of University Senate committees.

Professional Staff Constituents

Professional staff including athletic coaches and members of independent research units, shall be constituents of the University Senate, unless otherwise excluded because of major administrative functions as defined in the By-Laws (independent research units are not administered by one or more academic departments).
The Bylaws shall contain procedures for identifying the University professional staff that form the constituency of the professional staff membership and for resolving problems of constituency of individuals not clearly specified in this Article.

The University President, Provost, Vice Provosts, Vice Presidents, Chief Financial Officer, and all deans and equivalent directors, shall not be constituents of the Senate.

Representation Units

Each constituent of the Senate shall be a member of one representation unit. A senator elected by members of each unit shall represent each unit. The units and their included constituents are:

Academic Departments. Academic and research faculty holding appointments in an academic department or school shall be the only faculty constituent members of that department or school.
Research Units and Professional Staff

The Senate's Professional Staff Policy Committee will define the composition of the professional staff and independent research representation units.
There shall be no more than 12 professional staff representation units, including independent research units. Two of the units shall be the Library and Physical Education. The other ten shall be composed as defined by the By-Laws. The groupings of the non-academic units are only for Senate representation. The reporting structures of constituents within any one unit may differ.
The Department of Physical Education is both an academic department and a professional staff unit. All constituents in the Athletic Department shall be constituent members of the Department of Physical Education.
All Senate constituents employed in an independent research unit shall be constituent members of that unit. A research unit may be included as part of another constituent unit.
Senate constituents as defined above who are not constituent members of an academic department or research unit shall be members of a professional staff representation unit.

In cases where a constituent is eligible to belong to more than one unit, that person will permanently select one unit and inform the Senate Secretary of that selection.
The representation units shall be listed in the Bylaws. The Bylaws shall contain procedures for reviewing and updating the list once a year before the annual spring elections.

Article III -- Functions

The Senate is the representative body for its constituents and speaks on their behalf on matters under the Senate's jurisdiction. The Senate shall establish, review, and recommend policy and procedures on matters under its jurisdiction. The Senate also is the principal forum for discussion of any matters of interest to the university community.
The Senate shall have the responsibility and the authority to review and establish policy in some matters, and to review and make recommendations in other matters. The University President, the Board of Control, or their designated representatives may stipulate additional areas in which the Senate shall have responsibility and authority.
By its approval of this constitution, the Board of Control relinquishes none of its constitutional or statutory authority.
Section F of this article lists matters in which the Senate has the responsibility and the authority to review and establish policy. Normally, the Board of Control will approve policy in these areas only after it receives policy proposals approved by the Senate.
For matters in which the Senate has the responsibility and the authority to review and establish policy, proposals shall be submitted to the Board of Control following these procedures:

Policy proposals that originate with the University President (or designated representatives) shall be presented to the Senate for review and approval before being submitted to the Board of Control.
Likewise, proposals approved by the Senate shall be transmitted to the University President for approval.
Proposals approved by the Senate and the University President shall be submitted by the University President to the Board of Control. It is the responsibility of the Senate officers to ensure such submission.
Proposals approved by the Senate may be vetoed by the University President within three months (not including the time from the end of the Spring semester of one academic year to the start of the Fall semester of the next academic year) of their transmittal to the University President.
If the University President vetoes a proposal passed by the Senate, that veto shall be presented in writing to the Senate President. The Senate President shall report the veto to the Senate at its next meeting. The Senate may appeal the veto to the Board of Control upon a two-thirds majority vote of eligible senators. Written notice of the appeal shall be transmitted immediately to the University President who shall submit a written copy of the veto to the Board of Control. The Senate President shall also submit a written copy of the Senate's appeal to the Board of Control.
If, within three months (not including the time from the end of the Spring term of one academic year to the start of the Fall term of the next academic year) of transmittal to the University President, a proposal passed by the Senate is neither vetoed nor approved by the University President, the proposal will be deemed approved by the University President, and will be submitted by the Senate President to the Board of Control for its approval. Procedures for temporarily extending the three-month period for particular proposals shall be contained in the Bylaws.

List of Matters of Responsibility and Authority
1. Matters of Academic Policy and Procedures
2. Matters of Research Policy and Procedures
3. Matters of Policy and Procedures Concerning Professional Staff
4. Other Matters of Policy and Procedure
Voting on the various matters shall be limited to subsets of senators and their constituents. (Reference is made to Section F of this article).
1. Only Faculty Senators or their Alternates, including at-large Faculty Senators, may vote on academic matters.
2. Only Faculty Senators or their Alternates, including at-large Faculty Senators, and Professional Staff Senators representing independent research units or their Alternates may vote on research matters.
3. Only Professional Staff Senators or their Alternates, including at-large Professional Staff Senators, may vote on matters affecting the professional staff.
4. All Senators or their Alternates may vote in Senate matters affecting the entire University.
5. All Senators or their Alternates may vote in Senate committee deliberations.
6. The Bylaws shall include procedures for classifying the academic, research, staff, and other matters brought before the Senate.
As part of its functioning, the Senate should coordinate its activities and cooperate with appropriate representative groups of faculty, staff, and students on campus.

Article IV -- Membership

Number and Composition - Membership in the Senate shall be determined as follows:

One senator and one alternate elected by and from the academic and research faculty of each academic department.
One senator and one alternate elected by and from each of the professional staff and research unit representation units.
Alternate members shall serve with vote in the absence of the regular representative.
Four at-large academic and research faculty senators shall be elected by the entire faculty constituency.
Two at-large professional staff senators shall be elected by the professional staff and research unit constituencies.
Academic department representation units and academic and research faculty senators at large shall comprise at least 60 percent of the Senate's total membership.
Official non-voting liaison members from units designated by the Senate and listed in the Bylaws.

For election to the Senate a two-year residence shall be required except for ROTC personnel and representation units having fewer than three members meeting this requirement.
Election and Terms of Office

The term of office of elected senators and alternates shall be three years except as set forth in Paragraph 3 below. After serving for six consecutive years as a senator and/or alternate, an individual shall not be eligible for re-election for a period of one year. Representation units may ask the Senate Executive Committee to waive these term limits.
The election years shall be distributed as equally as possible among the various representation units and at-large positions.
Election of senators shall be held in the spring of each year. The term of office shall commence at the beginning of the following fall term. Vacancies in at-large membership created by resignation or otherwise may be filled by appointment by the President of the Senate until the next election, at which time vacancies shall be filled for the unexpired terms by elections.

Article V -- Officers

The officers of the Senate shall be a President, Vice President, and Secretary. Their duties shall be defined in the Bylaws. These officers shall be chosen by the continuing senators and the senators-elect following the annual spring elections in a manner described in the Bylaws. The officers-elect of the Senate shall assume their duties on the Monday before the first week of instruction in the fall term.

Article VI -- Committees

The number, responsibilities and membership of committees of the Senate shall be determined by the Senate using procedures contained in the Bylaws.
Committee chairs shall be senators or alternates.

Article VII -- Procedure

The business of the Senate shall be conducted according to Robert's Rules of Order when these are not in conflict with the Bylaws of the Senate.
The full Senate, by two-thirds majority vote, shall rule on interpretation of ambiguous language in this Constitution and the Bylaws. Such interpretations shall be considered as amendments to the Bylaws.

Article VIII -- Petitions & Ballot Initiatives

Petitions may be submitted to the Senate by constituents to require:

An immediate vote on policy proposals specified in the petition; or
That a Ballot Initiative (or referendum) of eligible constituents be conducted immediately as a challenge to some vote of the Senate.

Such petitions must be signed by at least 20 percent of constituents eligible to vote on the matter. (Reference is made to Article III, Section G.)
A majority of eligible Senators may vote to require a ballot initiative of eligible constituents.
The President of the University or the Board of Control or their designated representatives can request a Ballot Initiative on a designated issue other than the appeal of a presidential veto.
The Bylaws shall contain procedures for the conduct of Ballot Initiatives.

Article IX -- Meetings

The Senate shall meet at least once during each term of the regular academic year, in meetings scheduled before the end of Spring term of the preceding academic year. Additional meetings shall be called by the Senate President as needed, or upon written request of 20% of senators. All meetings shall be open.

Article X -- Amendments

Amendments to this Constitution may be proposed at any meeting. If passed both at this meeting and at any subsequent meeting within six calendar months by a two-thirds majority, the proposed amendment shall be submitted to the Senate Constituency. Ratification shall require a two-thirds majority. The amendment shall then become effective upon approval by the Board of Control.

Article XI -- Bylaws

Approval of and amendments to the Bylaws shall require a two-thirds majority vote of the full Senate.
A proposed change to the Bylaws must be distributed to senators at least 10 calendar days before the meeting at which it is to be considered for approval.

Bylaws of the University Senate

I. Operational Bylaws

Quorum

Two-thirds of the full Senate membership shall constitute a quorum and shall be required for the transaction of business in all cases.
A quorum of eligible senators shall be required on any limited vote in the Senate. On a limited vote of the Senate a quorum of eligible senators shall mean two-thirds of them.

Executive Committee

The Executive Committee of the Senate shall consist of the officers of the Senate and the chairs of the standing committees.
The Executive Committee shall function as a steering committee of the Senate. Normally, the Senate Officers conduct the daily business of the Senate.
The Executive Committee shall maintain the lists of constituents and representation units. It shall use the Constitution and these Bylaws as guidelines in its deliberations. Its recommendations for changes in the lists shall be submitted to the Senate for approval.
The Executive Committee shall have the authority to extend to a maximum of one calendar year the three-month period for presidential approval or veto of proposals. This approval requires a two-thirds majority vote of the Committee.

Senate Standing Committees - Organization

Normally, each senator or alternate is expected to serve on one standing committee of the Senate.
Only senators or alternates may vote in Senate standing committees.
Each committee shall elect its own chair, who shall be a senator or alternate.
Any member of the university community may serve without vote on any Senate standing committee, subject to the approval of the committee.
The full Senate must approve yearly the membership of each standing committees before it begins to function.
Normally, the Senate officers and officers-elect will draft a preliminary list of committee assignments before the first meeting of the Senate in the fall term.

Senate Standing Committees - Responsibilities

Academic Policy Committee

Appointment, promotion, tenure, dismissal, and leaves of the academic faculty (III-F-1-a-6).
Criteria for positions that are to be accorded academic rank (III-F-1-a-7).
Academic freedom: rights and responsibilities (III-F-1-a-8).
Regulations concerning the awarding of honorary degrees (III-F-1-a-9).

Administrative Policy Committee

Selection of the University President, the Provost, and other major university-wide administrators (III-F-3-b-7).
Administrative procedures and organizational structure (III-F-3-b-8).
Evaluation of administrators (III-F-3-b-9).

Board of Control Relations Committee

Represent the Senate at meetings with the Board of Control.
Coordinate interaction between the Senate and the Board of Control.

Curricular Policy Committee

All curricular matters, including establishment, dissolution, and changes in degree programs (III-F-1-a-1).
Requirements for certificates and academic degrees (III-F-1-a-2).

Elections Committee

Conducting ballot initiatives (VIII-D and Bylaws).
Conducting Senate elections (Bylaws).
Conducting University-wide elections (Bylaws).

Finance Committee

Allocation and utilization of the university's fiscal resources (III-F-3-b-3).
Student financial aid (III-F-3-b-6).

Fringe Benefits Committee Responsibilities

Fringe benefits (III-F-3-b-1).

Institutional Planning Committee Responsibilities

Institutional priorities (III-F-3-b-2).
Allocation and utilization of the university's human and physical resources (III-F-3-b-3).
Admission procedures (III-F-3-b-5).
General admission standards (III-F-3-a-3).

Instructional Policy Committee

Regulations regarding attendance, examinations, grading, scholastic standing, probation, and honors (III-F-1-a-3).
Teaching quality and the evaluation of teaching (III-F-1-a-4).
All matters pertaining to the academic calendar (III-F-1-a-5).

Professional Staff Policy Committee

Policy on all issues of concern only to professional staff (III-F-3-a-1).

Research Policy Committee

Policy on all research issues and performance other than the allocation and distribution of resources (III-F-2-a-1).
Policy and procedures on the allocation and distribution of resources (III-F-2-b-1).

Senate Temporary and Ad Hoc Committees

Within the areas of Senate authority but outside the responsibilities of the standing committees, matters may arise requiring committee action. The Senate shall establish temporary or ad hoc committees in such cases.
Membership of temporary or ad hoc committees.

In those matters for which the Senate has specific constitutional authority to establish and review policy, membership of temporary or ad hoc committees shall conform to the stipulations for membership in standing committees.
In other matters, the membership of temporary or ad hoc committees shall be approved by the Senate.

After the Senate approves the formation of a temporary or ad hoc committee, the President shall read into the Senate minutes the charge to that committee.

Election of Officers

Following the annual spring election of senators by the representation units, Senate officers shall be elected for the next academic year. The election shall be held at a special meeting of the continuing senators and senators-elect, chaired by the current President.
Before the special meeting the Elections Committee, in consultation with the Executive Committee, shall solicit nominees for Senate officers among the continuing senators and senators-elect.
At the special meeting the nominations shall be presented, with a call for nominations from the floor. After any additional nominations from the floor, the officers for the next academic year will be elected at that meeting.
A majority vote is needed for the election of an officer. If there are more than two candidates and a majority is not obtained, the candidate with the lowest number of votes shall be stricken from the list of candidates and another vote shall be taken until a majority is obtained.
The officers-elect of the Senate shall assume their duties on the Monday before the first week of instruction in the fall term.

Qualifications of Officers

The President and Secretary shall have tenure.
The Vice President shall be from a unit other than an academic department.

Duties of Officers

The President shall preside at all meetings of the Senate and of the Executive Committee.
The Vice-president shall preside at meetings of the Senate in the absence of the President of the Senate.
The Secretary shall record and maintain the minutes of meetings of the Senate and Executive Committee.
The officers shall perform other duties as described in the Constitution and these Bylaws.

Replacement of Officers

In the case of resignation or incapacitation of any officer, an election of a replacement shall be held at the next regularly scheduled meeting of the Senate.

Proposals

Definitions

The word "proposal" used in this section shall be construed to comprise only those formally moved Senate actions involving major considerations, such as:

The word "proposal" as used in this section shall be construed to exclude all operative motions and actions pursuant to the normal routines of a deliberative body, such as:

In the event of question, the presiding officer of the Senate shall be empowered to rule, subject to usual parliamentary controls, whether or not a motion constitutes a "proposal" within the meaning of these definitions.
In these Bylaws, "full Senate" refers to the entire body of senators, regardless of their constituency. The term "whole Senate" refers to the Senate acting as a body, as contrasted with Senate committees.

Proposals shall be submitted in writing to the Senate officers, who shall assign a number to the proposal. Based on an initial determination (subject to amendment by majority vote of the Executive Committee), they shall send the proposal expeditiously to the appropriate body.
A proposal may be submitted by any senator individually or on behalf of any group. Such proposals may be sent to an appropriate Senate committee, or to the whole Senate.
A proposal submitted by a Senate Committee shall go directly to the whole Senate.
The Executive Committee by two-thirds majority vote may send to the whole Senate any proposal that has been previously sent to a Senate Committee.
At least 10 calendar days before the Senate meeting in which any vote is taken on a proposal, the Senate officers shall have provided copies of the proposal to all senators, and shall have placed a copy of it in the J. R. Van Pelt Library. (But see "Emergency Proposals", below.)

This requirement is intended to allow senators to consult deliberately with their constituencies on any proposal.

The Executive Committee may attach recommendations with reasons therefore to any proposal before its distribution to the senators and the Library.
Classification of Proposals

Before any proposal is sent to all senators, the Senate officers will determine its classification, following Article III-F of the Constitution.
This determination will be based on a reasonable interpretation of the Constitution, and may be amended by a majority vote of the Executive Committee.
This classification will be attached to the copies of proposals sent to senators and to the Library.
All senators may enter the debate on any proposal, without regard to its classification. Regardless of the classification of a proposal being debated, passage of a motion to end debate requires a 2/3 majority vote of the full Senate.
During debate on any proposal any senator may object, on constitutional grounds, to the classification of any proposal.
The classification of a proposal may be altered by a two-thirds majority vote of the full Senate.

Emergency Submission of a Proposal

A proposal which does not meet the distribution requirements set forth above may be submitted from the floor of the Senate at any meeting of the Senate.
A majority vote by secret ballot of the full Senate is required to approve taking up any such proposal.
When the Senate approves taking up such a proposal, the classification of the proposal shall be made by the Senate President.

Amendments of Proposals

A proposal which is not amended by the Senate can be approved by the Senate provided it has met the above 10-day requirement for distribution or is an emergency proposal.
A proposal which is amended by the Senate shall be required to meet the 10-day requirement for distribution.
A proposal that has been changed only editorially may be approved at the meeting during which the change is made.
An "editorial change" shall be construed to be any minor change in wording that clarifies the meaning or improves the grammatical structure of the proposal but that has no effect on the substance, scope or application of the proposal. In the event of question, the presiding officer of the Senate shall be empowered to rule, subject to the usual parliamentary controls.

Administrative Changes of Proposals

When the University President or designated representative suggests changes without veto in a proposal transmitted from the Senate, the proposal and the suggested changes shall be considered by the Senate in the same manner as a newly-submitted proposal, using the number of the old proposal.

Voting Procedures

Unless specifically stated otherwise, the terms "majority" or "two-thirds" vote refer to the number of individuals voting.
A request for a secret ballot on the Senate floor shall take precedence over calls for a roll call vote or voice vote and shall be automatically granted upon request.

Ballot Initiatives

A Ballot Initiative (or referendum) can be placed before the eligible Senate constituency (Article VIII). A Ballot Initiative is equivalent to action by the Senate and can be used to repeal an action of the Senate.
A Ballot Initiative may be required on some matters such as changes in the promotion and tenure policies that must be approved by the Academic Faculty.
Procedures

If a Ballot Initiative is presented to the Senate by petition of its constituents, then the originators of the initiative shall select a spokesperson who has the authority to represent them on all matters concerning the initiative.
In matters that do not involve an attempt either to repeal a Senate action or to require a vote on an agenda item, appropriate committees of the Senate shall have an opportunity to review and discuss the petition with the originators and or their spokesperson. The wording of a Ballot Initiative shall be reviewed by the Senate and the originators of the initiative to insure its fairness and consistency.
The vote on the initiative shall be by secret ballot.
The vote on the initiative will not have to take place until after the next regularly scheduled Senate meeting. During an academic year, a Ballot Initiative to repeal an action of the Senate can be submitted during that same academic year up to two regularly scheduled meetings after the action is taken. A petition to require a Ballot Initiative on an Agenda item for a particular Senate meeting can also be submitted at that same meeting. In either of these two cases, the initiative shall be held as soon as possible after the meeting where it is submitted or proposed.

Special Constituency Issues

Definition

The following shall not be constituents of the Senate:

Department Chairs, Associate Deans, and Assistant Deans, despite their additional status as Academic Faculty members, shall not serve as senators or alternates. They are constituents of the Senate.
The following individuals may be constituents of the Senate, but may not serve as senators or alternates:

II. Representation Units (1997-1998)

Academic Departments

Army/Air Force ROTC
Biological Sciences
Business and Economics
Chemistry
Chemical Engineering
Civil and Environmental Engineering
Computer Science
Education
Electrical Engineering
Fine Arts
Forestry and Wood Products
Geological Engineering and Sciences
Humanities
Institute of Wood Research
Mathematical Sciences
Mechanical Engineering-Engineering Mechanics
Metallurgical and Materials Engineering
Mining Engineering
Physical Education
Physics
Social Sciences
School of Technology
Library

Other Research Units

Institute of Materials Processing
Institute of Wood Research
Keweenaw Research Center

Non-academic Units

Academic Services Engineering
Academic Services Non-Engineering
Auxiliary Enterprises
Enrollment Management
Finance and Advancement
Human Resources and Facilities Management
Information Technology
Library
Physical Education
Research and Graduate School, University Relations, and Administrative Offices
Student Affairs and Educational Opportunity

Other Units having Official Non-voting Liaison Senate Membership

Graduate Student Council
Undergraduate Student Government
Staff Council

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