University Senate of Michigan Technological University

 

Proposal 1-94


Senate Constitution

 

CONSTITUTION OF THE SENATE
OF
MICHIGAN TECHNOLOGICAL UNIVERSITY




ARTICLE I - NAME

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


ARTICLE II – CONSTITUENTS

A. The principal mission of the University is the transmission, interpretation, and generation of knowledge. Accordingly, those professional members of the
     university community who have direct involvement in this mission shall be the primary constituents of the Senate. The direct and active involvement in the
     transmission and interpretation of knowledge can be evidenced by direct contact with students as a teacher or research advisor. The active generation of
     knowledge means having principal responsibility for the completion of research objectives. In addition some designated professional members of the university
     community in primary decision-making positions in designated non-academic units shall also be constituents. However, none of these constituents shall be
     designated administrative personnel such as the Chief Financial Officer, the Vice-Presidents, the Vice-Provost, the Provost, or the President.

B. Constituency status shall be determined by a person's work unit and title inside the unit. The academic degree-granting departments, the other course-
     offering units, and the research institutes are all included. The units, along with the other designated non-academic units mentioned in Section A above,
     shall be listed in Section B of the Bylaws. This section of the Bylaws shall be reviewed and updated at least once a year before the annual spring elections.

C. All of the academic faculty in the academic degree-granting departments, the other course-offering units and the other research units shall be constituents.
     (The academic faculty are the individuals holding one of the ranks of instructor, lecturer, assistant professor, associate professor, or professor). In addition,
     the senior research personnel who have principal responsibility for the completion of research objectives shall also be constituents. These titles and the
     titles of the other constituents mentioned in Section A above shall be listed in Section C of the Bylaws along with more information about the academic
     faculty. This section of the Bylaws shall be reviewed and updated at least once a year before the annual spring elections.

D. Each constituent of the Senate shall be represented by a senator. Each academic degree-granting department shall be represented by a senator. The other
     teaching units and research units that do not offer an academic degree may be grouped into suitable representation units. The designated non-academic units
     containing designated professional members of the university community in primary decision-making positions may be grouped into suitable representation
     units. In cases where a constituent is eligible to belong to more than one unit, that person will select one and inform the Secretary of the Senate of that
     decision.


ARTICLE III - FUNCTIONS

A. The Senate is the representative body for its constituents and speaks for them on all matters of concern to them or under the Senate's jurisdiction.
     Accordingly, the functions of the Senate shall be to establish, review, and recommend and implement policy on matters pertaining to the educational and
     research mission of the University as specified in this Constitution and its Bylaws.

B. The Senate shall have the responsibility and authority to establish and review policy in some matters, and shall review and make recommendations in other
     matters. These shall be designated in Section F of this Article. The Senate shall also have responsibility and authority in additional areas as designated by the
     President of the University or the Board of Control or their designated representatives .

C. The Board of Control by approving this Senate constitution is not relinquishing any constitutional or statutory authority. It does allow the Senate to submit
     policy proposals to the Board of Control for its consideration in areas listed in Section III-F under the headings: Responsibility and Authority to Review
     
and Establish Policy and Procedures. In these areas, the Senate should normally have an opportunity to provide input to the Board of Control before it
     establishes policy in these areas. The following procedures shall be followed in the transmittal of such proposals to the Board of Control.

  1. In such matters the President of the University (or his/her designated representative) shall present his/her proposals to the Senate for review and approval before these proposals are submitted to the Board of Control.
  2. Likewise, in such matters the proposals of the Senate shall be presented to the President of the University for his/her approval before they are submitted to the Board of Control.
  3. In such matters, the President of the University has the right to veto proposals passed by the Senate within three months (not including the time from the end of the Spring Quarter of one academic year to the start of the Fall Quarter of the next academic year) of their passage by the Senate.
  4. In such matters, if the President of the University should choose to veto a proposal passed by the Senate, that veto shall be presented in writing to the Senate Executive Committee for report to the Senate at its next scheduled meeting, subject to Sections A3a and A3b of the Bylaws. The Senate or the President of the University can request a discussion of the veto at the next scheduled Senate meeting subject to Sections A3a and A3b of the Bylaws. The Senate may then appeal the President's veto to the Board of Control upon a two-thirds majority vote of the Senate. Written notice of the Senate appeal shall be presented immediately to the President, who shall transmit a written copy of his/her veto to the Board of Control. The Senate officers shall in turn transmit a written copy of the Senate appeal to the Board of Control.
  5. In such matters, with a presidential approval in writing, or in the absence of a presidential veto in writing within three months (not including the time from the end of the Spring Quarter of one academic year to the start of the Fall Quarter of the next academic year) of its passage by the Senate, a proposal will be deemed approved by the President and submitted to the Board of Control.

D. The Senate officers have the responsibility to ensure that any approved proposal is carried forward to the Board of Control.

E. There will be issues and areas of concern on which voting shall be limited to subsets of the constituency and their senators. A quorum of eligible senators shall be required on any limited vote in the Senate (see Bylaws: Definitions 4b).

  1. Senators from academic degree-granting departments shall vote on matters of concern to the academic faculty such as instructional, curricular, and faculty governance issues.
  2. Senators from academic degree-granting departments and the senators from other units involved with research shall vote on matters concerned with research policy or issues.
  3. A responsibility and authority list shall be placed in Section F of this Article. The list shall delineate the levels of responsibility and authority, and the jurisdiction of the principal subsets of the constituency and its senators.
  4. The full Senate shall rule on which subsets of the senators will having voting rights on a particular issue not included on the list in the following Section F of this Article.

F. RESPONSIBILITY AND AUTHORITY LIST

Jurisdiction over academic policies shall reside with the academic faculty in the colleges, schools, and departments of the university. However, insofar as actions may affect the university as a whole, or colleges, schools, or departments other than their home unit, they shall be brought before the Senate.

The following list shall not preclude the Senate from adding responsibilities and authority for review or establishment of policy and procedures in the Bylaws, subject to approval by the Board of Control.

1. Senators from Academic Degree-granting Departments

     a. Responsibility and Authority to Review and Establish Policy and Procedures on Academic Matters

  1. All curricular matters, including establishment, dissolution, and changes in degree programs.
  2. Requirements for certificates and academic degrees.
  3. Regulations regarding attendance, examinations, grading, scholastic standing, probation, and honors
  4. Teaching quality and the evaluation of teaching
  5. All matters pertaining to the academic calendar
  6. The appointment, promotion, tenure, dismissal, and leaves of the academic faculty
  7. Criteria for positions that are to be accorded academic rank
  8. Academic freedom: rights and responsibilities
  9. Regulations concerning the awarding of honorary degrees
  10. Procedures for the selection of Deans and Department Heads/Chairs
  11. Requirements and criteria for unit charters for each academic degree-granting department or course-offering unit.
  12. Other authority granted by the Board of Control, the University President, or their designated representative

    b. Responsibility to Review, Make Recommendations, and Initiate/Participate in the Formulation of Policy & Procedures

  1. Academic organization, including the establishment or elimination of schools, colleges, or departments, and the reorganization of the academic structure.

2. Senators from the Academic Degree-granting Departments and Other Units involved with Research

    a. Responsibility and authority to review and establish policy on all research issues and performance other than the allocation and distribution of
        resources

    b. Responsibility to review, make recommendations and participate in the formulation of policy and procedures on the allocation and distribution of
        resources

  1. Distribution of unrestricted funds made available to the university for discretionary allocation in support of research or scholarly work.

3. The Full Senate

    a. Responsibility and authority to review and establish policy and procedures on matters determined by the Board of Control, the University
       President, or the Academic Faculty of the University.

  1. Determine the Senate constituency
  2. Determine the Senate representation units
  3. General admission standards

    b. Responsibility to Review, Make Recommendations, and Initiate/Participate in the Formulation of Policy & Procedures

  1. Fringe benefits
  2. Institutional priorities
  3. Allocation and utilization of the university's human, fiscal, and physical resources
  4. The. J.R. Van Pelt Library, computing facilities, audiovisual support, E.R. Lauren Bookstore, Seaman Museum, etc. as they affect scholarly, instructional, and research activities.
  5. Admissions procedures
  6. Student financial aid
  7. Selection of the University President, the Provost, and other major university-wide administrators
  8. Administrative procedures and organization structure
  9. The evaluation of administrators

    c. To cooperate with and to coordinate its activities, especially with regard to the subjects listed in Section b above, with the Undergraduate Student
        Government, the Graduate Student Council, and the Staff Council.

    d. To consider all areas of student affairs and their effect on the educational process and academic achievement and to make recommendations
         regarding them

    e. To provide the means by which any matters of interest to the Academic Faculty or the University community may be discussed and
         recommendations made regarding them.

 

ARTICLE IV -- MEMBERSHIP

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

  1. One member elected from and by each of the academic degree-granting departments of the University
  2. The other teaching units and research units which do not offer an academic degree may be grouped into suitable representation units. There shall be one member elected from and by each of these representation units.
  3. The designated non-academic units containing designated professional members of the university community in primary decision-making positions may be grouped into suitable representation units. There shall be one member elected from and by each of these representation units. (Remark: The units mentioned in Sections A1, A2 and A3 above shall be listed in a Section B of the Bylaws. That list shall be reviewed and updated once a year before the annual spring elections.)
  4. An alternate member shall also be elected from and by each of the units mentioned in Sections A1, A2 and A3 above. He/She shall serve with vote in the absence of the regular representative.
  5. Six members elected at-large by the Senate constituency
  6. One non-voting student liaison member selected by the Undergraduate Student Government
  7. One non-voting graduate student liaison member selected by the Graduate Student Council
  8. One non-voting liaison member from Staff Council
  9. Other 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 academic degree-granting departments having less than three faculty members meeting the minimum qualifications.

B. Terms of Office: The term of office of an elected member shall be three years except as set forth in Section C below. After serving for six consecutive years, an elected member shall be ineligible for re-election for a period of one year.

C. Election of Senators and Vacancies: Election of Senators shall be held in the spring of each year, with the term of office to commence the following September. 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 term be elections.

 

ARTICLE V -- OFFICERS

The officers of the Senate shall be a President, Vice-President, and Secretary. These officers shall be chosen by the continuing senators and the senators-elect following the annual spring elections in the manner described in Section A of the Bylaws. The officers will assume their duties the first day of the Fall Quarter and those duties shall be defined in the Bylaws.

 

ARTICLE VI -- COMMITTEES

Committee structure shall be determined by the Senate, with the provision that committee chairs 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 this Constitution.

 

ARTICLE VIII -- BALLOT INITIATIVES

A. If the constituents of the senators eligible to vote on an issue want to challenge the vote, they can present to the Senate a petition for a Ballot Initiative of the
    eligible constituents
signed by 20% or more of the eligible constituents. Likewise a majority of the eligible senators can request a Ballot Initiative of the
    eligible constituents.

B. The constituents or subsets of the constituents can also introduce new legislation via Ballot Initiatives.

C. The President of the University or the Board of Control or their designated representatives can also request a Ballot Initiative on a designated issue other
     than the appeal of a presidential veto.

D. Section A4 of the Bylaws contains the rules governing Ballot Initiatives.

 

ARTICLE IX -- MEETINGS

Three regular meetings of the Senate shall be held during each of the Fall, Winter, and Spring Quarters with the meeting times and places set before the end of the Spring Quarter of the preceding academic year. Additional meetings shall be called by the President of the Senate as deemed necessary or upon written request by any five members of the Senate. 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 months by two-thirds of the members present, a proposed amendment shall be submitted to the Senate Constituency. Ratification shall require a two-thirds majority of those voting. The amendment shall then become effective upon approval by the Board of Control.

 

SENATE BYLAWS

A. OPERATONAL BYLAWS

  1. Executive Committee
    a.
    An Executive Committee of the Senate shall be established and shall consist of the officers of the Senate, and the chairs of the standing committees. The
        President of the Senate will preside at the meetings of this committee.

    b. The Executive Committee shall function as a steering committee of the Senate for the conduct of the Senate business.

    c. The Executive Committee shall hold meetings at such intervals as to permit expeditious consideration of all matters to come before the Senate.

    d. Upon recommendation of the Senate, the Executive Committee may create, modify, or discharge the other committees of the Senate, and shall assign to
         these committees appropriate duties within the function of the Senate.

    e. The Executive Committee shall have the responsibility to review and make recommendations on requests to correct or amend the constituency list or the
         representation unit list. It shall use ARTICLE II and the lists in Section B and C of these Bylaws as guidelines in its deliberations. Its recommendations
         shall be submitted to the Senate for approval.
  2. Election of Officers

    Following the annual spring elections to the Senate, the election of Senate officers for the next academic year shall be conducted by the Senate Elections Committee in consultation with the Executive Committee. Nominations for a slate of officers shall be obtained from the Senate constituency using regular ballot procedures. This slate shall be presented to the continuing senators and senators-elect at a special organizational meeting before the end of the Spring Quarter. After any additional nominations from the floor, the officers for the next academic year will be elected at that meeting. They will be the officers-elect of the Senate until the first day of the Fall Quarter when they assume their duties.
  3. Proposals

    a.
    A proposal may be introduced by any member of the Senate. It shall be submitted in writing to the Executive Committee at least 15 days prior to the
        meeting at which it is to be presented. The Executive Committee through the Secretary of the Senate, shall provide copies of the proposal to all
        members of the Senate and post a copy of it in the J.R. Van Pelt Library at least 10 prior to the meeting at which it is to be presented. The Executive
        Committee
    may attach recommendations and reasons therefore to the proposal before its distribution.

    b. Emergency Submission of a Proposal

    A proposal which cannot meet the requirements set forth above may be submitted from the floor of the Senate at any meeting of the Senate provided the Senate by a majority vote agrees to take it up at that meeting.

    c. Adoption of a Proposal

        1) A quorum of eligible senators (see Definition 4b below) shall be required to transact business and a majority vote of them shall be required for the adoption of proposals and the passing of motions.

        2) A proposal which is not changed by the Senate can be adopted by the Senate at once as above.

        3) A proposal which is changed by the Senate shall be published in the revised form. It shall then be distributed to its members and posted in the J.R. Van
            Pelt Library
    . The the Senate may adopt the proposal as above at its next meeting. In the case of editorial changes, as established below, the Senate
            
    can adopt the modified proposal at the meeting during which the change is made.
  4. Definitions

    a. 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.

    b. Quorum: Two-thirds of the full Senate membership shall constitute a quorum and shall be required for the transaction of business in all cases. There will be
         issues and areas of concern on which voting shall be limited to subsets of the constituency and their senators 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.

    c. Proposal: The word "proposal" as used in Section 3a and 3b above shall be construed to comprise only those formally moved Senate actions involving
        major considerations, such as (a) the establishment of University policy and procedures, (b) recommendations to the University administration,
        (c) measures affecting organization or primary procedures of the Senate, (d) formal definitions of Senate policy, or (e) establishment of Senate standing
        committees.

        The word "proposal" as used in Section 3a and 3b above shall be construed to exclude all operative motions and actions pursuant to the normal routines
        of a  deliberative body, such as (a) moving appointment of, appointing, approving, or discharging ad hoc committees or (b) requesting, hearing, or accepting
        business and committee reports.

        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 Section 3a and 3b above.

    d. Departments: Throughout this constitution and its Bylaws the term "Department" shall apply to and should be read as "School" for the Schools of
        Business and Engineering Administration, Forestry and Wood Products, and Technology. For Senate purposes, these three units are considered equivalent
        to departments. Likewise, the term "Department Head/Chair" shall apply to and should be read as "Dean" of Business, "Dean" of Forestry and Wood
        Products, and "Director" of Technology.

  5. Ballot Initiatives

    a. A Ballot Initiative (or referendum) can be placed before the Senate constituency or a subset of the constituency for a vote by (1) a majority of the
        senators eligible to vote on it or (2) by a petition presented to the Senate which is signed by 20% or more of the Senate constituency eligible to vote
        on it. A Ballot Initiative is equivalent to action by the Senate and can be used to repeal an action of the Senate.

    b. 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
    .

    c. The President of the University or the Board of Control or their designated representatives can also request a Ballot Initiative on a designated issue
        other than the appeal of a presidential veto.

    d. If a Ballot Initiative is presented to the Senate by petition of its constituents, the the originators of the initiative shall select a spokesperson who has the
        authority to represent them on all matters concerning the initiative. In matters not involving an attempt 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.

    e. Voting on Ballot Initiatives shall be decided by a simple majority of those voting. However, amendments to the constitution require a two-thirds majority
        of those voting as indicated in Article X.

  6. Special Voting Procedures

    A request for a secret ballot shall take precedence over calls for a roll call vote or voice vote and shall be automatically granted upon request.

  7. Department Heads/Chairs: despite their additional status as Academic Faculty members shall not serve as Senators.

B. REPRESENTATION UNITS ( 1993-1994)

  1. Academic degree-granting Departments (n = 17)

    Biological Sciences, Business Administration, Chemistry, Chemical Engineering, Civil/Environmental Engineering, Compute Science, Electrical Engineering, Forestry/Wood Products, Geological Engineering/Geology/Geophysics (includes the Seaman Mineralogical Museum), Humanities, Mathematical Sciences, Mechanical Engineering/Engineering Mechanics, Metallurgy/Materials Engineering, Mining Engineering, Physics, Social Sciences, and the School of Technology.
  2. Other Course-Offering Units (n = 5)

    Education and Public Services, Library, Physical Education (includes the Athletic Department), Air Force ROTC and Army ROTC.
  3. Other Research Units (n = 3)

    Institute of Materials Processing, Institute of Wood Research, and Keweenaw Research Center.
  4. Designated Non-Academic Units (n = 3)

    Group 1
    (includes Counseling Services and Residence Counselors), Group 2 (includes Admissions, Registrar, and Financial Aid), and Group 3 (includes Affirmative Programs, Dean of Students Office, Educational Opportunities, and the University Career Center).

    Remark:
    This grouping into Representative Units is only for Senate representation purposes. It is understood that some of these units are independent and report to different people. According to the Remark after Article IV A3, these groupings will be reviewed and updated at least once a year.
  5. Colleges Whose Deans are Official Non-Voting Liaison Members of the Senate

    The College of Engineering and the College of Sciences and Arts.
  6. Other Units Which Have an Official Non-Voting Liaison Member of the Senate

    Computing Technology Services, Graduate Student Council, Undergraduate Student Government, and Staff Council.

C. CONSTITUENT TITLES INSIDE THE REPRESENTATION UNITS (1993-1994)

  1. Academic Degree-granting Departments, Other Course-Offering Units, and Research Units

    a. The Academic Faculty inside one of these units (see Article IIC). In some cases, adjectives may be used with the primary faculty titles given in Article IIC.
        The Senate shall determine which adjectives can be used to confer academic faculty status on an individual as a Senate constituent. The Units that have
        individuals with adjectives such as "emeritus," "visiting," "temporary," or "part-time" in their faculty titles may petition the Senate to have them included as
        constituents on a case by case basis.

    b. The Research Personnel with Primary Research Rank inside one of these units. These are individuals with the titles program manager/research leader,
        senior research engineer/scientist-2, senior research engineer/scientist 1, and research engineer/scientist-2.

    c. Other titles for personnel inside one of these units. These are individuals with titles such as archivist, assistant director, associate director, curator,
        director, librarian, supervisor-laboratory, and technical communications specialist.

  2. Designated Non-Academic Units

    a. Inside Group 1 those individuals holding one of the titles of counselor, psychiatric nurse, psychiatric social worker, or residence counselor.

    b. Inside Group 2 those individuals holding one of the titles of assistant director, associate director, associate registrar, or director.

    c. Inside Group 3 those individuals holding one of the titles of assistant dean, assistant director, associate dean, associate director, dean, director, or judiciary
        officer.


Adopted by Senate: 16 September 1993
Approved by Board of Control: May 1993 with revision