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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)

  1. Curriculum, including establishing prerequisites and placing courses within disciplines
  2. Degree and certificate requirements
  3. 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)

  1. Educational program development
  2. Standards or policies regarding student preparation and success
  3. District and college governance Constitutions, as related to faculty roles
  4. Faculty roles and involvement in accreditation processes, including self-study and annual reports
  5. Policies for faculty professional development activities
  6. Processes for program review
  7. Processes for institutional planning and budget development, and
  8. Other academic and professional matters as are mutually agreed upon between the Governing Board and the Senate.

ARTICLE III - MEMBERSHIP QUALIFICATIONS - [top]

SECTION 1

  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.
  2. Persons who do not meet the above definition are not eligible for membership in the Academic Senate.
  3. 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)

  1. Applied Arts, Science and Technology, Administration of Justice & Business
  2. Life Science and Allied Health
  3. Mathematics & Physical Science
  4. Fine Arts & Social Science
  5. Health, Physical Education & Student Services
  6. Language Arts/(Library) Learning Center
  7. Woodland Campus
  8. Lake Campus, Colusa Center, Other Centers

Academic Group 2 (Full-time Faculty Only)

  1. Three At-Large Senators

Academic Group 3 (Adjunct Faculty Only)

  1. One at-large faculty from Marysville Campus or Yuba/Sutter sites
  2. 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

  1. The President of the Senate shall be elected at-large from the membership of the full-time faculty.
  2. The election of the President shall conform to the procedures specified in Article III, Section 1.

SECTION 3 – Election of the Vice President

  1. 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.
  2. 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

  1. 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.
  2. The Vice-President and the Secretary shall serve for one academic year.
  3. The term of the Past-President shall be one academic year.

SECTION 6 – President’s Duties

The President of the Academic Senate shall:

  1. Preside at all regular and special meetings of the Senate.
  2. Preside at all meetings of the Faculty called by the President or by the Senate.
  3. Assign Senators or other faculty to district committees and Senate responsibilities
  4. 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.
  5. 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.
  6. 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.
  7. Serve as an ex-officio member of all Senate committees.
  8. Prepare and distribute an agenda for all Senate meetings.
  9. Ensure that Senate business is carried forward from previous Senate meetings in a timely manner.
  10. Implement decisions of the Senate and supervise administration of Senate business.
  11. Perform those tasks that the President deems necessary to the responsible discharge of the President’s obligations to the faculty and Senate.
  12. 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

  1. 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.
  2. The Vice President shall regularly attend “major governance” committees as assigned.
  3. The Vice President or a designee from the Senate shall attend all Curriculum Committee meetings.

SECTION 8 – Secretary’s Duties

  1. The secretary shall keep minutes of all meetings and distribute them to all faculty members.
  2. Keep the official record of the Senate Business.
  3. If both the President and Vice-President are absent or incapacitated, the Secretary shall assume the duties of the President.
  4. Keep the official attendance record of the Senate and report to the Senate this record.

SECTION 9 – Ineligibility or Resignation

  1. 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.
  2. 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

  1. 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:
    1. Set and advertise the dates for nominations and elections,
    2. Issue secret ballots,
    3. 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.
    4. Secure the ballot box and tally ballots in the presence of all members of the committee
    5. Report the results of the election in writing to the President of the Senate.
  2. 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.
  3. 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.
  4. 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.
  5. 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

  1. 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

  1. 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.
    1. Only those individuals who meet the criteria for "faculty" as set forth in Senate CONSTITUTION, Article III, Section 1a, may be elected.
  2. The manner in which each area selects its representative shall be as follows:
    1. 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.
    2. The Election Committee will hold elections as specified above in Article III, Section 1.A.
    3. The nominee receiving the majority of the votes cast by secret ballots will be considered the Senator-elect.
    4. 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.
  3. 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.
  4. 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.

  1. 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.
  2. 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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