ACADEMIC SENATE CONSTITUTION AND BY-LAWS
March 20, 2003
PART I – CONSTITUTION
Article I - Legal Basis for an Academic Senate
Article II - Purpose
Article III - Membership Qualifications
Article IV - Composition and Officers
Article V - Duties and Responsibilities
Article VI - Amendments
PART II – BY-LAWS
Article I - Duties of Officers & Senators
Article II - Meetings
Article III - Elections
Article IV - Recall and Dismissal By-Laws
Article V - Amendment By-Laws
CONSTITUTION
ARTICLE I - LEGAL BASIS
FOR AN ACADEMIC SENATE - [top]
SECTION 1 – Title V
The Academic Senate of the Yuba Community College District is established
so that the faculty may have a formal and effective procedure for participating
in the formation of district policies relative to academic and professional
matters as set forth in Title V, Subchapter 2, "Academic Senate,"
of the Administrative Code.
SECTION 2 – Powers Vested in the Faculty
All powers and responsibilities herein granted shall be vested in the
Faculty acting through the Academic Senate.
ARTICLE II - PURPOSE
- [top]
SECTION 1
The Senate, in accordance with Title 5—Education, Sections 53200-53206,
of the California Code of Regulations, shall be the recognized representative
of the faculty to the administration and governing board of the Yuba Community
College District in matters concerning academic and professional issues,
and shall participate in the formation and revision of District policies
and procedures in all matters of an academic and professional nature.
The purpose of the Senate shall be to:
- Promote the general welfare of the Yuba Community College District
and the faculty.
- Work toward the development and improvement of professional standards.
- Provide for continuous study of faculty and college problems.
- Represent the faculty in making recommendations to the administration
and the Board of Trustees with respect to academic and professional
matters. "Academic and professional matters" means the following
policy development and implementation matters:
SECTION 2
The Academic Senate shall have primary responsibility for the following:
(See Appendix: Board Senate - Agreement 1993)
- Curriculum, including establishing prerequisites and placing courses
within disciplines
- Degree and certificate requirements
- Grading policies
SECTION 3
The following items (4 – 11) shall require mutual agreement between
the Academic Senate and the Board (See Appendix: Board Senate - Agreement
1993)
- Educational program development
- Standards or policies regarding student preparation and success
- District and college governance Constitutions, as related to faculty
roles
- Faculty roles and involvement in accreditation processes, including
self-study and annual reports
- Policies for faculty professional development activities
- Processes for program review
- Processes for institutional planning and budget development, and
- Other academic and professional matters as are mutually agreed upon
between the Governing Board and the Senate.
ARTICLE III - MEMBERSHIP QUALIFICATIONS
- [top]
SECTION 1
- Membership in the Academic Senate shall consist of those individuals
employed by the Yuba Community College District, who meet the following
definition of "faculty."
"Faculty" means those employees of a community college district
who are employed in positions that are not designated as supervisory
or management for the purpose of Section 3540 of the California Government
Code, and for which minimum qualifications for hire have been specified
in the regulations of the board of governors, adopted pursuant to Section
87356(a) of the California Education Code. Faculty include, but are
not limited to, instructors, librarians, counselors, community college
health services professionals, handicapped student programs and services
professionals, extended opportunity programs and services professionals,
and individuals employed to perform a service that, before July 1, 1990,
required non-supervisorial, non-management certifications qualifications.
- Persons who do not meet the above definition are not eligible for
membership in the Academic Senate.
- An adjunct faculty member is eligible for membership only if currently
employed by the district or if that person has a “return right”
in the following semester. (See Appendix for definition of “return
right.”)
SECTION 2
Only those persons who meet the criteria set forth in Section 1a or 1c
above can be nominated for or elected to the Academic Senate.
SECTION 3
If a member of the Academic Senate becomes ineligible for membership
(refer to CONSTITUTION, Article III, Section 1a, 1b and 1c), that person
will no longer continue to be a member of the Senate and the vacancy shall
be filled as provided in BY-LAWS, Article III, Section 8)
ARTICLE IV - COMPOSITION AND OFFICERS
- [top]
SECTION 1
The Academic Senate shall be composed of the elected President of the
Senate, the past-President of the Senate, and thirteen faculty members
elected to staggered three-year terms.
SECTION 2
Representation to the Senate shall be as follows:
Academic Group 1 (Full-time Faculty Only) (One representative from each
Representative Area)
- Applied Arts, Science and Technology, Administration of Justice &
Business
- Life Science and Allied Health
- Mathematics & Physical Science
- Fine Arts & Social Science
- Health, Physical Education & Student Services
- Language Arts/(Library) Learning Center
- Woodland Campus
- Lake Campus, Colusa Center, Other Centers
Academic Group 2 (Full-time Faculty Only)
- Three At-Large Senators
Academic Group 3 (Adjunct Faculty Only)
- One at-large faculty from Marysville Campus or Yuba/Sutter sites
- One at large faculty from a non-Marysville Campus or Yuba/Sutter
county site
Group members shall nominate from their own group. If a Representative
Area from Academic Group 1 chooses not to elect a representative, that
position will become an at-large position and the person elected to this
at-large position will represent all full-time faculty members. Only area
Senators elected by the means set forth in BY-LAWS will be seated.
SECTION 3
The officers of the Senate shall include a President, the immediate Past-President,
Vice President, and a Secretary. The officers’ terms, election procedures,
and duties are set forth in the BY-LAWS. The officers of the Academic
Senate will constitute the Executive Committee.
ARTICLE V - DUTIES AND RESPONSIBILITIES
- [top]
SECTION 1
The Academic Senate shall have regular and special meetings, as herein
provided, and a majority of the Senate shall constitute a quorum, which
shall be sufficient to transact business.
SECTION 2
The Academic Senate shall keep minutes of all its meetings and publish
the proceedings of each meeting. Copies of the minutes shall be distributed
to all faculty.
SECTION 3
The Academic Senate may create and maintain committees and authorize
such to perform any duty within the scope of the Senate's power.
SECTION 4
The Academic Senate shall present its written and oral views and recommendations
to the Governing Board through regularly established channels. However,
the Senate, after consultation with the Administration, may present its
views directly to the Governing Board. In accordance with the California
Community College Board of Governor regulations, "The Governing Board
shall consider such views and recommendations."
ARTICLE VI - AMENDMENTS - [top]
SECTION 1
The Academic Senate and/or members of the faculty may propose amendments
to the Yuba Community College Academic Senate CONSTITUTION AND BY-LAWS,
as set forth in BY-LAWS, Article V.
BY-LAWS
ARTICLE I - DUTIES OF OFFICERS AND SENATORS
- [top]
SECTION 1 – Officers of the Academic Senate
There shall be a President, Past-President, Vice President, and a Secretary
of the Academic Senate. Only full-time faculty members are eligible for
the office of President and Vice President. The officers shall constitute
the Executive Committee.
SECTION 2 – Election of the President
- The President of the Senate shall be elected at-large from the membership
of the full-time faculty.
- The election of the President shall conform to the procedures specified
in Article III, Section 1.
SECTION 3 – Election of the Vice President
- First Year: At the last meeting in February of the first year of
a presidential term, the Senate shall nominate, from its membership,
the Vice-President for a one-year term. The nomination shall be subject
to confirmation by a majority of the Senate.
- Second Year: At the last meeting in February of the second year of
a presidential term, the Senate shall nominate, from its membership,
the Vice-President for a one-year term. The nomination shall be subject
to confirmation by a majority of the Senate. The Senate may choose to
retain the same Vice President for a second year.
SECTION 4 – Election of the Secretary
The Senate shall elect the Secretary of the Senate from its own membership
at the last regularly scheduled meeting of the academic year or at a later
date as designated by the Academic Senate. The Senate may choose to rotate
secretarial duties among its members.
SECTION 5 – Terms
- The President shall serve for a term of two academic years. The President
shall serve a maximum of two consecutive terms (of 2 academic years
each) but may serve additional terms after an interruption of service
of at least one term.
- The Vice-President and the Secretary shall serve for one academic
year.
- The term of the Past-President shall be one academic year.
SECTION 6 – President’s Duties
The President of the Academic Senate shall:
- Preside at all regular and special meetings of the Senate.
- Preside at all meetings of the Faculty called by the President or
by the Senate.
- Assign Senators or other faculty to district committees and Senate
responsibilities
- Attend, or have a Senate representative attend all regular meetings
of the Governing Board. The Vice-President should first be asked to
attend in the President’s absence; if the V.P. is unavailable,
then another member of the Senate should be asked.
- Represent the Senate in all “major governance” committees
if the Senate has not already appointed a person to represent the Senate
at such meetings. The President should regularly attend all “major
governance” committees, especially when major academic and professional
matters are under discussion. The Academic Senate shall determine which
committees are to be defined as “major governance” committees.
- The President should be accompanied by the Vice-President, another
Senator or designated faculty representative at all meetings. The V.P.
should first be asked to accompany the President; if the V.P. is unavailable,
another member of the Senate or a faculty representative should be asked.
- Serve as an ex-officio member of all Senate committees.
- Prepare and distribute an agenda for all Senate meetings.
- Ensure that Senate business is carried forward from previous Senate
meetings in a timely manner.
- Implement decisions of the Senate and supervise administration of
Senate business.
- Perform those tasks that the President deems necessary to the responsible
discharge of the President’s obligations to the faculty and Senate.
- The President will be the official spokesperson for the Academic Senate.
Senators and Senate appointees do not speak for the Senate, except on
public matters expressed in the regularly approved minutes of the Senate.
Senators' communications and statements made outside of a Senate meeting
are to be considered individual opinions only, and shall not be represented
as the policy or policies of the Senate.
SECTION 7 – Vice President’s Duties
- If the President is absent or incapacitated, the Vice-President shall
assume the duties of the President until such time as determined by
the Senate.
- The Vice President shall regularly attend “major governance”
committees as assigned.
- The Vice President or a designee from the Senate shall attend all
Curriculum Committee meetings.
SECTION 8 – Secretary’s Duties
- The secretary shall keep minutes of all meetings and distribute them
to all faculty members.
- Keep the official record of the Senate Business.
- If both the President and Vice-President are absent or incapacitated,
the Secretary shall assume the duties of the President.
- Keep the official attendance record of the Senate and report to the
Senate this record.
SECTION 9 – Ineligibility or Resignation
- If the President resigns or becomes permanently incapacitated, the
Senate shall determine whether to hold a new election or have the Vice-President
serve the remainder of the term of the Presidency until the time of
the regular new elections before the first week of February of the Spring
term. Upon the election of the new President by special election or
as outlined in Section I, the new President will immediately assume
the role of President of the Academic Senate.
- A Senator shall become ineligible for a position on the Senate when
he or she no longer meets the definition of "faculty" as set
forth in CONSTITUTION, Article III, Section 1a, or is designated as
"management" (pursuant to Government Code 3540), and shall
be required to resign immediately from the Academic Senate. The vacancy
thus created shall be filled as herein provided. (See BY-LAWS, Article
III).
ARTICLE II- MEETINGS
- [top]
SECTION 1
A. Regular Meetings – Calendar
The Academic Senate shall hold regular meetings at least once every month
during the academic year (September through May). The Senate shall, by
resolution, set forth the calendar of meetings (to include date, time
and place) for the succeeding academic year during the May regular meeting
(Sec. 54954, California Government Code [Brown Act]).
B. Regular Meetings – Agenda
An agenda for each regular meeting shall be posted at least 72 hours
before the meeting containing a brief general description of each item
of business to be transacted or discussed at the meeting, including items
to be discussed in closed session. The agenda shall also specify the time
and location of the meeting and posted in a location that is freely accessible
to members of the public”.(Sec. 54954.2, California Government Code
[Brown Act]).
SECTION 2
Special meetings of the Academic Senate may be held for regular or special
business matters, but 24-hour notice, per Brown Act requirements, must
be given to all Academic Senators, full-time and adjunct faculty, setting
forth the date, time and place.
SECTION 3
All regular and special meetings of the Senate and its committees shall
be open to all parties, with the exception of those portions of the meetings
closed by the consent of the Senate or President such as sessions to discuss
personnel matters. See Section 54956.7—Closed Session, California
Government Code (Brown Act), for guidelines for closed session requirements.
SECTION 4
A special meeting of the Academic Senate shall be called by the President
upon the written petition of at least three members of the Senate or ten
percent of the members of the faculty, or at the discretion of the President.
SECTION 5
Tenure hearings are closed personnel sessions of the Academic Senate
and are to be held prior to February 15.
SECTION 6
All Academic Senate meetings shall be conducted in accordance with generally
accepted parliamentary procedures.
ARTICLE III - ELECTIONS
- [top]
SECTION 1 – Election of the President
- Election Committee: The President of the Senate, during the first
week of November of his/her second term, shall nominate a committee
of at least three members for nominations and elections (hereinafter
called the Election Committee), subject to approval by the Senate. It
shall be the duty of such committee to actively seek out qualified candidates
to be nominated for all elections. The Election Committee shall follow
the procedures below in conducting the election:
- Set and advertise the dates for nominations and elections,
- Issue secret ballots,
- Ensure that each faculty member casts only one vote and ensure
that all faculty members in the representative group are given the
opportunity to vote.
- Secure the ballot box and tally ballots in the presence of all
members of the committee
- Report the results of the election in writing to the President
of the Senate.
- The Vice-President of the Academic Senate at the time of nominations
will automatically be one of the nominees for President if she/he agrees
to run.
- The President of the Senate may also be nominated by submission to
the Election Committee of a petition of nomination signed by not less
than ten (10) members of the Faculty and the nominee. The Election Committee
shall be charged with the responsibility of advertising and soliciting
such nominations.
- The election of the President shall take place no later than the
end of the first week of February to allow time to schedule the release
time for the President. The first such election shall occur in the Spring
of 2003 and will be performed by April 1, 2003.
- The newly elected President shall take office at the beginning of
the last Senate meeting of the academic year.
SECTION 2 – Nomination and Confirmation of Vice President
- Upon the election of the President, the Senate shall nominate Vice-President
from the membership of the Senate. The Senate shall vote by secret ballot
to confirm or not to confirm the nomination by simple majority vote.
If the nominee is not confirmed, the President shall submit another
nomination. This process will continue until the Senate confirms a Vice-President.
SECTION 3 – Election of Senators
- By no later than March 1 the Election Committee shall notify those
academic groups who are eligible to elect a member from within their
unit to serve on the Senate.
- Only those individuals who meet the criteria for "faculty"
as set forth in Senate CONSTITUTION, Article III, Section 1a, may
be elected.
- The manner in which each area selects its representative shall be
as follows:
- The nomination from an academic group may be made by self-nomination
or by a peer, with the consent of the nominee. All nominations shall
be submitted to the Election Committee.
- The Election Committee will hold elections as specified above
in Article III, Section 1.A.
- The nominee receiving the majority of the votes cast by secret
ballots will be considered the Senator-elect.
- If there is no majority, a run-off between the two candidates
with the most votes will be held until one nominee obtains a majority.
- The Election Committee shall supply the Academic Senate by April
15th with the names of the faculty members elected to the Academic Senate.
If a Representative Area or Academic Group does not submit a nominee,
that position shall be declared an at-large position and the person
elected to that position will represent all faculty. The Senate and
the Election Committee Chair will then schedule at-large elections using
the election procedures as specified above in Article III, Section 1A
of the By-Laws.
- Faculty members on leave or on sabbatical during the time of election
must notify the Senate, as part of their leave or sabbatical conditions,
as to their availability for nomination and service as a Senator, and/or
their desire to participate in the election. If they wish to participate,
they must provide the Senate with an address to which election papers
can be forwarded.
SECTION 4
If it has been determined that one or more at-large seats are available
on the Academic Senate for the next term, the Election Committee will
solicit and accept nominations from the faculty of Academic Group 2. This
notification will be given to those faculty members by April 15.
SECTION 5
Names of nominees may be submitted until the 30th of April. The Election
Committee shall contact those nominated to ensure their willingness to
serve as a Senator. The nominee may remove his/her name at this time.
The final ballot shall consist of the names of those nominated, arranged
randomly.
SECTION 6
Immediately following the preparations of the at-large ballot, the Election
Committee shall conduct an election as specified above in Article III,
Section 1A of the By-Laws, and the full-time faculty shall be given at
least five (5) week days to make their selection of Senators. The Election
Committee shall ensure that all faculty members from Academic Group 2
are afforded the opportunity to participate.
SECTION 7
The nominee or nominees receiving the majority of the votes cast shall
be designated as a Senator elect. In the absence of a majority nominee,
a run-off between the the candidates with the most votes will be held.
A majority of the votes cast is required for election. If a Senator elect
declines the Senate position within one month from the time of election,
the individual with the next highest number of votes shall be selected.
SECTION 8
Following confirmation of acceptance by the elected candidates, the Election
Committee shall immediately report in writing to the President of the
Senate and faculty the results of the election.
SECTION 9
Should a Senate seat be vacated prior to the 1st of February, the academic
group from which the Senator came will be notified by the Election Committee,
which will request nominations from this academic group and an election
will be held as specified above in Article III, Section 1A of the By-Laws.
If the vacancy is one of the at-large seats, a special election will be
held. Election procedures as specified above will be followed (see Article
III, Section 1A of the By-Laws).
SECTION 10
When vacancies of unequal duration are to be filled, the faculty involved
will be notified of the term of the particular seat.
SECTION 11
The Academic Senate shall be the arbiter in disputes arising from the
procedures of elections, qualifications of candidates, and the interpretation
of the results in balloting.
ARTICLE IV - RECALL AND DISMISSAL
- [top]
SECTION 1
Any member of the Academic Senate (including officers) is subject to
being recalled by two-thirds of the faculty, as defined in CONSTITUTION,
Article III, Section 1.a. The Academic Senate governs the recall procedures.
SECTION 2
If the president is recalled, another new election will be held as specified
in BY-LAWS. The Academic Senate governs the recall procedures.
SECTION 3
If an academic group wishes to recall the individual they elected to
be their Senate representative, a petition signed by a majority of the
eligible unit’s voters and presented to the Academic Senate will
start the recall process. The Election Committee will then conduct an
election to fill the vacant seat as outlined in Article III, Section 1.A
of these By-Laws. A two-thirds majority of the vote is required to remove
the Senator from office.
SECTION 4
If the Senator to be recalled is one of the at-large Senators, a petition
signed by forty percent of the eligible faculty voters presented to the
Academic Senate will start the recall process. An election, as outlined
in Article III, Section 1.A of these By-Laws, will be held. A two-thirds
majority of the votes cast from Academic Group 2 is needed for the recall
to take place. The vacated seat will then be filled for the duration of
the term by holding a special election.
SECTION 5
If a Senator misses four (4) consecutive regular Senate meetings or more
than 25% of the Senate meetings during any semester, that Senator will
be considered derelict in his/her duty as a Senator.
- If the individual in question has been elected from an academic group,
the group will be notified and made aware of the situation. The Election
Committee will then conduct a new election for that academic group using
the election procedures as outlined in Article III, Section 1.A.
- If the individual in question holds one of the at-large Senate positions,
the Senate will declare that seat vacant and the Election Committee
using the election procedures will conduct a new election as outlined
in Article III, Section 1.A.
ARTICLE V - AMENDMENT PROCEDURES
- [top]
SECTION 1
The Yuba Community College Academic Senate CONSTITUTION and BY-LAWS shall
be amended in the following manner:
- The sponsor of an amendment shall submit a copy of the proposed amendment,
with the signatures of thirty percent of the faculty (determined with
the number of faculty and signatures weighted as per ARTICLE V, Section
2 of the Amendment BY-LAWS below), to the Academic Senate. The Academic
Senate may by majority vote become the sponsor of an amendment. The
Senate shall set a date for a meeting of the faculty for the purpose
of debating the proposal. The sponsor shall distribute copies of the
proposed amendment to the faculty no later than five teaching days prior
to the faculty meeting.
- The Senate shall conduct an election on the proposed amendment no
earlier than five teaching days, nor later than ten teaching days, following
the date of the faculty debate of the amendment.
- The Senate shall select an ad hoc Amendment Election Committee Chair,
with that person's consent. Subject to the Senate's approval, the Amendment
Election Committee Chair shall select two additional faculty members
to assist in conducting the election.
- The faculty shall vote by secret ballot. A two-thirds majority vote
shall be required to amend the CONSTITUTION. A majority vote (determined
with the number of faculty and signatures weighted as per ARTICLE V,
Section 2 of the Amendment BY-LAWS below) shall be required to amend
the BY-LAWS.
- The faculty and Senate shall be bound to the results of the election
immediately following the canvass of the ballots and the publishing
of the election results.
SECTION 2
For voting purposes, the number of faculty shall be defined as all full-time
faculty plus one-fifth of the adjunct faculty. Each full-time faculty
member shall have one full vote. Each adjunct faculty member shall have
a one-fifth vote.
Rev. 5-14-02
Rev. 12-11-02
Rev. 1-22-03
Rev. 3-13-03
Rev. 3-20-03
|