APPENDIX 3.02
MUSC FACULTY SENATE CONSTITUTION AND BYLAWS
As approved by the
Board of Trustees February 2006
This Constitution
defines the composition of the Faculty Senate, its role in the academic
affairs of the University, and the
basic principles of self-governance of the faculty of the Medical University
of South Carolina as authorized by the Bylaws of the Board of Trustees
of the Medical University of South Carolina, Section 6, Article b,
August 1976.
Article
I
Name
The name of this representative body shall be: The Medical
University of South Carolina Faculty Senate, referred to in this document
as Faculty Senate or as Senate.
The purpose of the Faculty Senate shall be to act as
the sole representative body of the faculty, to receive, organize and,
if deemed appropriate, execute business of the faculty that is submitted
to it by members of the faculty, the administration, or the Faculty
Senate itself, and to represent the views of the faculty to the administration.
The Faculty Senate serves as the voice of the faculty. In accordance
with its vision and as permitted by state law, the Faculty Senate serves
as an advisor to the administration in ensuring the success of the
University's mission in teaching, research, and service.
Article III
Electoral
Units, Representation, Nominations, Eligibility to Vote, Elections,
and Terms of Office
Membership
shall be limited to qualified faculty. Qualified faculty are defined
as those persons holding full-time, non-modified academic ranks of
Instructor or above, as identified in the current edition of the
Faculty Handbook of the Medical University of South Carolina.
[Changed
definition of qualified faculty approved by Board of Trustees,
February 2007 - see Amendment 1, Faculty Handbook revised 2007]
A. Electoral Units
For the purpose of elections, the Faculty Senate shall be divided
into seven Electoral Units: College of Medicine Basic Sciences, College
of Medicine Clinical Sciences, Dental Medicine, Health Professions,
Library Science and Informatics, Nursing, and Pharmacy. The Department
or College of primary appointment determines Electoral Unit affiliation.
B. Representation
-
Senators
Electoral Units having 50 or fewer qualified faculty shall
be represented by four Senators. Electoral Units having
between 51 and 100 qualified members shall be represented
by six Senators. Electoral Units with more than 100 qualified
faculty members shall have six Senators and elect one
additional Senator for every 33 additional qualified
faculty members in excess of 100..
-
Alternate
Senators
Each Electoral Unit shall have two Alternates. Electoral
Units with more than 100 qualified faculty members shall
choose one additional Alternate for each 66 faculty members
over 100.
C.
Nominations
Candidates for membership on the Faculty Senate may be nominated
by any qualified faculty member of their Electoral Unit, including
themselves. Qualified faculty members are eligible for nomination
only within the Electoral Unit with which they are affiliated.
D.
Eligibility to Vote
All qualified faculty members are eligible to vote for Senators
and Alternates. Faculty members shall vote only in the Electoral
Unit with which they are affiliated.
E.
Elections
-
The Governance Committee shall establish
the rules and procedures for all regular elections
according to sections of this Article governing Electoral
Units, Representation, Nomination, Eligibility to
Vote and Terms of Office
-
Regular elections to the Faculty
Senate shall be conducted during the months of August
and September, with terms of office to begin at the
Faculty Senate meeting in October
-
Candidates
receiving the greatest number of votes shall become
the Senators for their
Electoral Unit. Candidates with the next highest
numbers of votes shall become Alternate Senators
as determined by the formula in Article III.B. The
Governance Committee shall retain the results of
the election so that Alternate Senators with the
highest numbers of votes may replace resigning Senators
and the slots of Alternate Senators are refilled.
In the case of a tie, candidates shall come to an
agreement among themselves; otherwise Senators of
the representative Electoral Unit shall vote for
one of the candidates. [Appointment of Senate Vacancies
between Elections approved by Board of Trustees,
February 2007 - see Amendment
2]"
- The
Governance Committee, upon notification of the Faculty
Senate of a vacancy in the Faculty Senate between
regular
elections, shall notify the appropriate Electoral Unit
Committee who shall appoint a replacement to complete
the unexpired term.
F.
Terms of Office
- Senators
Senators shall be elected to a two-year term and shall be eligible
to serve a maximum of three consecutive terms. The terms of Senators
from each unit shall be staggered: one-half shall be elected
each year. Senators who cannot complete their terms shall submit
a letter of resignation to the Secretary of the Faculty Senate
at least one month before the date of resignation.
- Alternate Senators
Alternate Senators shall be elected to one-year term. When a Senator
resigns from his or her office, the Alternate with the greatest
number of votes from the prior election automatically advances
to the ex-Senator’s position and completes the remainder
of the ex-Senator’s term of office. After succeeding the
ex-Senator and serving the remainder of that term of office,
the former Alternate may stand for election and ultimately serve
for a period not exceeding a total of seven consecutive years.
Alternate Senators who cannot complete their term of office shall
submit a letter of resignation to the Secretary of the Faculty
Senate at least one month before the date of resignation.
Article
IV
Officers
of the Faculty Senate: Election and Duties
The Officers of the Faculty Senate shall be the President,
Vice President, and Secretary.
Election of Officers for
the upcoming year (October – September)
will be held at the October meeting. The Governance Committee shall
call for nomination of Officers from the members of the Faculty Senate
(Senators and Alternate Senators) after the election results become
available. Any member of the Faculty Senate may nominate either another
member of the Faculty Senate or himself or herself. The Governance
Committee will then draw up a slate of individuals who agree to serve
as President, Vice President, and Secretary. The Governance Committee
shall oversee the voting process and report the results to the full
Faculty Senate
B.
President of the Faculty Senate
The President shall preside over the Faculty Senate; represent the
Faculty Senate on appropriate University Committees; convene and
preside at Executive Committee meetings; coordinate review of policy
affecting the faculty; conduct the business of the Faculty Senate
and fulfill other responsibilities incumbent on the leader of the
Faculty Senate as deemed appropriate. At his or her discretion, the
President may delegate these responsibilities.
C.
Vice-President of the Faculty Senate
The Vice-President shall
assume the role of the President in the latter’s absence
and perform other duties as requested by the President
D.
Secretary of the Faculty Senate
The Secretary
shall take attendance, record and publish minutes of meetings;
publicize scheduled meetings and agendas and items for vote; and
update the Faculty Senate archives. Prior to a vote by the Faculty
Senate, the Secretary shall establish the existence of a quorum
and determine those empowered to vote. The Secretary shall discharge
other duties assigned by the President.
Senators and Alternate Senators: Duties
A.
Senators
Faculty Senators
shall represent the views and interests of the faculty of their respective
Electoral Units and the faculty-at-large.
Senators shall attend at least two-thirds of monthly meetings of
the Faculty Senate and serve on at least one committee of the Faculty
Senate. A Senator who knows in advance that he/she will be unable
to attend a meeting of the Faculty Senate is responsible for arranging
for one of the Electoral Unit’s Alternate Senators to attend
in his/her absence.
B. Alternate Senators
Alternate Senators are encouraged to attend all meetings of the Faculty
Senate. Alternate Senators are eligible to vote when attending
in place of a Senator who is unable to attend a meeting. Alternate
Senators are eligible and encouraged to serve as members of Faculty
Senate Committees.
Article VI
Removal from Faculty Senate
Officers,
Senators or Alternates may be removed from the Faculty Senate if
they are unable to fulfill their duties as stipulated
in the Bylaws.
Committees of the Faculty
Senate have delegated authority to: consider, investigate and advise
on those matters directly related to the operation
and purposes of the Faculty Senate; and, to take action on behalf
of the Faculty Senate commensurate with the committee’s duties,
or as specially authorized by the Faculty Senate. The members of
the standing committees, ad hoc committees and subcommittees shall
be members of the Faculty Senate or other qualified faculty. Committees
shall be chaired by Senators or Alternate Senators.
A.
Executive Committee
The Executive Committee shall be composed of one Senator from each
of the seven Electoral Units, the Officers of the Faculty Senate,
and the immediate Past President of the Faculty Senate who shall
serve as a non-voting, consultative member. The Executive Committee
member from the respective Electoral Unit shall be selected by the
Senators of that unit as stipulated in the Bylaws. The Executive
Committee may go into executive session when discussing sensitive
issues as permitted by state law.
B. Standing Committees
Standing committees of the Faculty Senate and their duties are described
in the Bylaws of the Faculty Senate.
C. Ad hoc Committees
Ad hoc committees of the Faculty Senate are
constituted for focused tasks.
A.
Faculty Senate
Meetings shall be held monthly at a regular time and designated place.
Faculty Senate meetings are open to the faculty. The time and place
of meetings (regular and special) shall be advertised to the faculty.
Members of the faculty may request to be heard at Faculty Senate
meetings, but have no vote or other legislative privilege. The President
may call an executive session that is open only to Senators and Alternate
Senators
B. Faculty
Meetings of the Faculty shall be called and presided over
by the President of the Faculty Senate. Notice of faculty meetings
shall be given at least 30 days in advance. Meetings shall be held
at least twice yearly.
Procedural
guidelines governing the work of the Faculty Senate are documented
in the Bylaws
of
the Faculty
Senate.
Article
X
Ratification
of Constitution
The Constitution of the Faculty Senate shall be ratified
by a two-thirds vote of all Senators and a two-thirds vote of all qualified
faculty present at a special meeting of the Faculty as called by the
President of the Faculty Senate or two-thirds vots of all qualified
faculty casting a vote in an electronically conducted vote. Upon ratification
and henceforth, Articles of the Constitution shall not be changed.
All changes to the Constitution shall be by Amendment, as described
in Article XI. The Constitution shall be transmitted by the President
of the Faculty Senate, through the appropriate administrative channels,
to the Board of Trustees and shall take effect upon approval by the
Board of Trustees. Prior to ratification of the Constitution or any
Amendment, the Governance Committee will distribute pertinent documents
to all qualified faculty members at least thirty days in advance of
a regularly scheduled Faculty Meeting or electronically conducted vote
(VIII.B), will invite written comment, and offer an opportunity for
discussion.
Article
XI
Amendments
to the Constitution and Revisions to the
Bylaws
A.
Constitution
This Constitution may be
amended as follows:
A.
Proposals for amendments to the Constitution may be made
in writing to the President of the Faculty Senate. Any qualified
faculty member may propose an amendment. The President of the Faculty
Senate will have the item discussed at the Executive Committee.
If a majority of the members of the Executive Committee agree,
the item will be added to the agenda of the next regular meeting
of the Faculty Senate.
B. The President
shall give notice of the proposed amendments to all Senators at
least thirty days prior to the vote via the usual dissemination
routes (e.g., email).
C. Faculty
Senate approval of amendments will be by a vote of two-thirds of
the Faculty Senators.
D. The President
shall give notice of the proposed amendment to the Faculty at least
thirty days prior to the vote via the usual dissemination routes
(e.g., email).
E.
The proposed amendments shall be presented at a meeting of the
Faculty. They shall be adopted by a two-thirds vote of all qualified
faculty present at this meeting. Alternatively, the amendment will
be presented via email to the Faculty, and an electronically conducted
vote will be taken. Two-thirds vote of all qualified faculty casting
a vote is required for adoption.
F.
All amendments shall be transmitted by the President of the
Faculty Senate, through the appropriate administrative channels,
to the Board of Trustees and shall take effect upon approval by
the Board of Trustees.
B.
Bylaws
The
Bylaws may
be revised
as follows:
A.
Proposals for revisions to the Bylaws may be made in writing to
the President of the Faculty Senate. Any qualified faculty member
may propose a revision. The President of the Faculty Senate will
have the item discussed at the Executive Committee. If a majority
of the members of the Executive Committee agree, the item will
be added to the agenda of the next regular meeting of the Faculty
Senate.
B.
The President shall give notice of the proposed revision to all
Senators at least thirty days prior to the vote via the usual dissemination
routes (e.g., email).
C.
Faculty Senate approval of revisions will be by a vote of two-thirds
of the Faculty Senators present at the meeting.
D.
The President shall give notice of the proposed revisions to the
Faculty at least thirty days prior to the vote via the usual dissemination
routes (e.g., email).
E.
The proposed revisions shall be presented at a regular meeting
of the Faculty. They shall be adopted by majority vote of all qualified
faculty present at this meeting. Alternatively, the amendment will
be presented via email to the Faculty, and an electronically conducted
vote will be taken. Two-thirds vote of all qualified faculty casting
a vote is required for adoption.
Article
XII
Review
of the
Constitution
A.
There shall be a mandatory review of the Constitution five years
after its adoption and at least every five years thereafter to
occur on the decade and years ending in ‘5’, for example
2009-2010, then 2014-2015.
B. This review
shall be carried out by the Governance Committee at the direction
of the Executive Committee. The review shall include recommendations
of the Executive Committee and standing committee chairs.
Constitutional
Amendments (As approved by the Board of Trustees February
2007)
I. Eligibility
to Vote regarding University Affairs.
Article III shall be amended to define qualified faculty as those persons
holding full-time primary academic appointments at MUSC with ranks of Instructor
or above, as identified in the current edition of the Faculty Handbook of
the Medical University of South Carolina.
II. Appointment of Senate Vacancies between
Elections.
The Governance Committee, upon notification of the Faculty Senate of a vacancy
in the Faculty Senate between regular elections, shall notify the appropriate
Electoral Unit Committee who shall appoint a replacement to complete the unexpired
term.
BYLAWS OF THE
FACULTY SENATE
A. A quorum of
the Faculty Senate necessary for the conduct of business shall
be a simple majority of the voting
members of the Faculty Senate
except for changes to the Constitution and By-laws as describe
in Article XI of the Constitution.
B. A quorum of
the Executive Committee necessary for the conduct of
business on behalf of the Faculty Senate shall be a simple majority
of the voting members of the Executive Committee.
C. Proxy votes
shall not be allowed.
Article
II. Conduct of Business
A.
The President shall appoint a Parliamentarian. The Parliamentarian
shall be a qualified faculty member but need not be a Senator.
The Parliamentarian shall act as advisor to the President on
matters of rules of procedure.
B. Business shall
be conducted using the current edition of Robert's Rules of Order
Newly Revised,
except where otherwise specified in
the Constitution and Bylaws.
C. Business of
the Faculty Senate is normally conducted at regular meetings, special
meetings, and
in standing or ad hoc committees.
D. At the discretion
of the President and with prior consent of the Faculty Senate,
business of the Faculty Senate
may
also be conducted
by distribution of information and ballots through mail,
email or other transfer of information, provided that all
other requirements
of the Constitution of the Faculty Senate are met.
E. Action
items requiring a vote by the Faculty Senate shall be distributed
by the Secretary of the Faculty Senate
at
least 10 days before the
meeting.
F. Action items
requiring a vote by the faculty shall be distributed for comment
at least 30 days prior to
a regularly
scheduled
meeting or vote.
Article
III. Standing Committees, ad hoc Committees, and Duties of
Committee Members
A. Membership
on Committees
Most work of
the Faculty Senate is conducted by standing and ad hoc committees.
-
Membership
of the Executive Committee is by election or by virtue of office
and governed by Article VII.A. of the Constitution.
-
Each Senator
shall serve on a minimum of one standing committee.
-
The Executive
Committee appoints each committee chair
from among Faculty Senators or from members of the
Executive Committee.
-
Senators shall
serve on standing committees for one-year terms and may serve
multiple terms.
-
Members on
ad hoc committees may serve until the assigned task is completed.
B.
Duties of the Committee Chair
The Chair of
each committee shall:
-
Apportion committee
work efficiently and fairly among
the committee members and, in consultation
with the other committee members,
decide whether the appointment of subcommittees
is appropriate;
-
Seek advice
from the faculty, from administrative and professional staff,
and from students,
if it is deemed beneficial to the committee's
deliberations;
-
Keep minutes
or other records of proceedings that are adequate for efficient
continuation
of work throughout
and beyond the
committee’s
period of service;
-
Submit an annual
report to the Faculty Senate at the end of each
academic year.
C.
Executive Committee and Standing Committees
1.
The Executive Committee shall:
a.
Appoint Senators, Alternate Senators
and qualified faculty
to all committees of the
Faculty Senate,
except for the
Executive
Committee itself;
b. Appoint
each committee chair from among Faculty Senators; members
of the Executive
Committee are
eligible
to serve
as chair;
c.
Ensure that committee assignments
are distributed
fairly among
Electoral
Units
and academic
ranks;
d.
Initiate the formation
and dismissal
of ad
hoc committees,
as
needed;
e.
Accept annual
reports
from
each
standing and ad
hoc committee
of the
Faculty
Senate;
f. Submit
to the faculty
a written
annual
report
at
the end of
each
academic
year;
g.
Appoint
Senators,
Alternate
Senators
or
qualified
faculty
to
represent
the
Faculty
Senate
on
University-wide
committees;
h.
Facilitate communication
among the
Administration of
the University,
the Faculty
Senate, and
the faculty
by meeting
with the
President or
the President’s
designee and
the College
Deans or
their designees
as necessary
and by
reporting to
the faculty,
as deemed
appropriate;
i.
Act on
behalf of
the Faculty
Senate in
emergency situations.
In circumstances
requiring immediate
action, the
committee may
advise the
Administration of
the University
on behalf
of the
Faculty Senate.
It shall
report its
recommendations to
the Faculty
Senate at
the next
Senate meeting.
2. The Governance
Committee shall:
a.
Govern the proceedings of the Senate;
b. Conduct
Faculty Senate elections,
certify
eligibility of faculty
for
election,
and maintain appropriate
records
of elections [See
Ammendment 1 and
Amendment 2];
c. Review
the Faculty
Senate’s
governing
documents and recommend changes to
these
documents
as deemed appropriate;
d. Interpret
the
provisions of the
Constitution
and
Bylaws;
e.
Codify changes
or amendments
to the
Constitution and
Bylaws, as
deemed necessary;
f.
Call for
nominations, establish
slates, and
conduct elections
of officers
of the
Faculty Senate,
as described
in Article
IV.A.;
g.
Monitor and,
as necessary,
manage changes
to the
practices and
procedures of
the Faculty
Senate, by
revision to
Bylaws as appropriate.
3.
The Institutional Advancement Committee
shall:
a.
Monitor major trends
in
the life of
the institution;
b. Track
progress of
action items discussed
in the
Senate throughout
the administrative channels
of the University;
c. Participate
in strategic planning
for the University;
d.
Report back to
the Faculty Senate
where deemed
appropriate;
e.
Request that the
Faculty Senate
take a position
or act on issues
of general
interest. Examples
of actions: Collect
information and report
on major building
activities, and on
creation, development,
or discontinuation of
major units or departments.
4.
The Faculty
and
Institutional Relationships
Committee
shall:
a.
Consider issues pertaining
to negotiations
and procedures that,
in a generic
sense, apply
to individual faculty.
Examples of
actions: Formulation
of contracts, tenure/post-tenure
review, promotions
and rank, equity,
sabbaticals, conflicts
of interest,
means of
grievance.
b. Accept
and evaluate
requests to
change the
Faculty
Handbook.
5.
The Communication
Committee shall:
a.
Collaborate with
other standing
committees to
inform faculty
of issues;
b.
Inform the
faculty about
the work
of the
Senate through
organized activities.
Examples of
actions: the
organization of
targeted workshops
or retreats
addressing themes
such as
faculty mentoring,
tenure, interpretation
of contracts,
and sabbaticals.
c.
Maintain the
Faculty Senate
web site
and insure
that Senate
activities are
published in
University publications.
6.
The Electoral
Unit Committees
shall:
a.
Consist of
all elected
Senators and
Alternates from
the particular
Electoral Unit.
b.
Elect one
representative to
serve as
a member
of the
Executive Committee
for a
one-year term.
This election
occurs immediately
after the
results of the Senate
election
are known. This
name is
submitted to
the Governance
Committee;
c.
Facilitate communication
among the
Faculty Senate
and the
dean and
faculty of
the Electoral
Unit;
d.
Receive requests
for Senate
action from
faculty of
their respective
units and
decides whether
the Faculty
Senate should
be involved
in such action. If
not,
the Committee
directly responds
to the
request.
D.
Ad hoc Committees
-
Ad hoc committees are
composed of
Senators, Alternates
and qualified
faculty
for a focused task.
- Upon completion
of the
task, the
chair presents
a report
to the Faculty Senate.
Article
IV. Procedure for Removal from Senate
A.
Any Officer, Senator or Alternate may resign his or her duties
at any time by sending a letter to the Executive Committee; see
Articles III.F.1 and III.F.2 of the Constitution.
B. If the Senators
of an Electoral Unit determine that one of their Senators or
Alternates is ineffective, they shall contact that Senator.
If no resolution is reached, the parties may take the case to
the Executive Committee for deliberation and decision. These proceedings
shall be confidential.
C. A Senator
or Alternate can be removed for cause from office by a two-thirds
majority vote of the Electoral
Unit Committee
and the
Executive Committee.
Article VI. Revisions to Bylaws
The Bylaws shall
be reviewed at least once every two years and revisions to the Bylaws
are governed by Article XI.B of the Constitution.
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