Idaho State University PROPOSED Faculty Constitution as approved by Faculty Senate on March 30, 2015 Preamble To facilitate communication, understanding, and cooperation between the faculty and administration of Idaho State University, and to ensure the orderly development of educational programs and policies committed to our trust, we, the President, the Provost/Vice President of Academic Affairs, and faculty of Idaho State University, do hereby subscribe to this Constitution, establishing those principles guiding the responsibilities, functions, authority, and organization of the faculty of Idaho State University. Article I: Name The faculty of Idaho State University is comprised of two categories as defined by Article II. Article II: Membership Section 1: University Faculty The University Faculty (voting faculty) includes all tenured, tenure-track, non-tenure track faculty, and Graduate Faculty, at 0.5 FTE or greater. Section 2: Adjunct, Allied, Affiliate, Visiting, and Emeritus Faculty Adjunct faculty (less than 0.5 FTE), Allied Graduate and Affiliate faculty (non-compensatory), Visiting faculty, and Emeritus faculty have the privilege of participation without vote in meetings of the University Faculty. Section 3: Procedure and Faculty Eligible to Vote The Faculty Senate, in its bylaws, shall establish procedures for university-level faculty voting, prioritizing confidentiality and integrity of voters and the voting process. By September 30th of each year, the Director of the Office of Institutional Research shall provide the Provost/Vice President for Academic Affairs and the Faculty Senate with a list of the University Faculty eligible to vote as described in Article II. Article III: Responsibilities and Functions of the University Faculty Section 1: Responsibilities of the University Faculty The University Faculty are vested in the common interests derived from the vision and mission of the University. To that end, the University Faculty provide consultation, guidance, comment, and advocacy to the University President, the Provost/Vice President for Academic Affairs, and the Vice Presidents, or their designees, on matters related to educational policies and procedures, research, scholarship and creative activities, service, and academic affairs. In adopting this Constitution, the President, the Provost/Vice President of Academic Affairs, and faculty of Idaho State University affirm a shared belief in the importance of academic freedom and responsibility in teaching, scholarly activity, and service pursuant to the common good, which depends upon the free search for truth and its free exposition through scholarly activity, and not to further the interest of either the individual teacher or specific institution. Within the university, or when representing the university, Proposed Faculty Constitution approved by Faculty Senate for All-Faculty Vote – April 2015 pg. 1 of 6 faculty are expected to speak and write on matters pertaining to educational policies and procedures, research, scholarship and creative activities, service, and academic affairs, without institutional discipline or restraint. Academic freedom in teaching is fundamental for the protection of the rights of the faculty in teaching their subject areas. Academic freedom in research, scholarly and creative activities, and in the publication of the results, is fundamental to the advancement of truth. Academic freedom in service is fundamental to the advancement of the public and/or common good. Academic freedom should not be abridged or abused and carries with it duties correlative with rights. Faculty are citizens, members of a learned profession, and educational officers of the university. When they speak or write as citizens outside the university setting, they should be free from institutional censorship or discipline, but their special position in the community imposes unique obligations. Faculty should remember that the public may judge their profession and their institution by their utterances. Hence, they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for the institution. a. The University Faculty have responsibility for matters of educational policy within the limits prescribed by federal and state law and the regulations of the Idaho State Board of Education. Educational policy pertains to such matters as curricula, methods of instruction, facilities and materials for instruction, standards for admission and retention of students, and criteria for the granting of undergraduate and graduate degrees. It also includes those aspects of student life that relate directly to the educational process. b. The University Faculty have responsibility for matters of policies and procedures related to research, scholarship, and creative activities. c. The University Faculty have responsibility for matters of policies and procedures concerning faculty service. d. The University Faculty have responsibility for matters of policies and procedures concerning faculty welfare, including, but not limited to, appointment, reappointment, non-reappointment, academic freedom, tenure, working conditions, promotions, salaries, leaves, fringe benefits, periodic evaluations, performance reviews, reassignment, layoff, and dismissal or termination. Section 2: Functions of the University Faculty The function of the University Faculty is to carry out the responsibilities described in Article III, Section 1 through elected, representative bodies, and by participation in local faculty advisory committees within the colleges and other units. a. The Faculty Senate or equivalent body, in accordance with, and subject to, the State Board of Education and applicable provisions of law, is designated as the body responsible to act for and represent the University Faculty in the establishment of educational and academic policies for the University as a whole, and the promotion of the general welfare of the students, faculty, and the University. (1) The Faculty Senate holds a unique role in the University as the voice of the faculty in raising initiatives or concerns to the university administration and the councils and committees. One of the roles of Faculty Senate, therefore, is to give faculty a means of communicating with these administrative entities, to bring concerns to those entities, and to answer to the faculty as Proposed Faculty Constitution approved by Faculty Senate for All-Faculty Vote – April 2015 pg. 2 of 6 those needs arise. On behalf of the University Faculty, the Faculty Senate provides consultation, guidance, comment, and advocacy to the councils and committees. (2) The Faculty Senate is also designated as the body responsible for those elements of faculty welfare not addressed directly by the charter of another group. b. The Undergraduate Curriculum Council or equivalent body, in accordance with, and subject to, the State Board of Education and applicable provisions of law, is designated as the body responsible to act for and represent the University Faculty in the review and recommendation of curricula, methods of instruction, and criteria for the granting of undergraduate degrees. c. The Research Council or equivalent body, in accordance with, and subject to, the State Board of Education and applicable provisions of law, is designated as the body to act for and represent the University Faculty in the review and recommendation of policies and procedures regarding research, scholarship and creative activities. d. The Graduate Council or equivalent body, in accordance with, and subject to, the State Board of Education and applicable provisions of law, is designated as the body responsible to act for and represent the Graduate Faculty in the establishment of educational and academic policies at the graduate level. e. Within the limits of policies approved by the Idaho State Board of Education, and University policies and procedures, the University Faculty of each academic unit (division, college, school, and department) and the University Library provide consultation, guidance, comment, and advocacy pertaining to specific policies and practices in collaboration with the relevant administrative officer for implementation within that academic unit. Such policies will be approved through college/division executive councils and committees, led by the Dean or equivalent officer. Section 3: Functions of University-Level Faculty Councils a. Functions Within the framework established by the Idaho State Board of Education and University policies and procedures, University-level faculty councils, as representative bodies of the University Faculty, provide consultation, guidance, comment, and advocacy to the University President, the Provost/Vice President for Academic Affairs, and the Vice Presidents, or their designees, regarding policies and procedures on matters of educational policies and procedures, research, scholarship and creative activities, and academic affairs, as delineated in their bylaws. b. Authority Within their defined scopes of responsibility, University-level faculty councils are vested with the necessary authority and responsibility to act on behalf of the University Faculty to provide consultation, guidance, comment, and advocacy on those subjects identified as being in their purview, as delineated in each council’s bylaws. Relevant to their responsibilities and functions, the chairs of the Faculty Senate and other University-level faculty councils may identify items to the University President or Provost/Vice President for Academic Affairs for consideration and action. The chairs may also request items be included on the agenda of meetings called by the President or Provost/Vice President for Academic Affairs. Section 4: Organization of University-Level Councils and Committees a. Bylaws University-level faculty councils are empowered to make bylaws governing their own organization and procedures, subject to the conditions of this Constitution. Proposed Faculty Constitution approved by Faculty Senate for All-Faculty Vote – April 2015 pg. 3 of 6 b. Council Membership and Officers Members and officers should be elected representatives from different major academic units. Universitylevel faculty councils shall select officers annually from among their voting members pursuant to their bylaws. c. Meetings Regular and special meetings of University-level faculty councils will be held throughout the academic year at times specified in their bylaws, and are open to all members of the faculty. Once approved, the minutes of regular and special meetings of University-level faculty councils must be posted on their relevant ISU website. d. Agenda With all due diligence, the chair should have an agenda published on its ISU website at least three days prior to any University-level faculty council meeting. Faculty may request their representative to ask the chair to include an item on the agenda. Items not on the agenda of a given meeting may not be brought to formal vote at that meeting without unanimous consent of those voting members present. Section 5: Faculty Review of Actions of University-Level Faculty Councils or Administration a. University Faculty have the right of initiative to request action on an item of common interest to the University. Any item submitted through a petition signed by at least ten percent (10%) of the University Faculty to a University-level council must be placed on the agenda for the next regular meeting of that council. Any item submitted through a petition signed by at least ten percent (10%) of the University Faculty to the University President must be placed on the agenda for the next scheduled meeting of the University Faculty. b. The University Faculty may override an action taken by the Faculty Senate or a University-level faculty council, or its failure to act on an initiative petition from the University Faculty. (1) To override a specific action of a University-level council, the University Faculty may conduct a vote. A petition signed by ten percent (10%) of the faculty eligible to vote is required. The ballot for such a vote must be accompanied by the minutes of the meeting where such action was taken, sent to each member of the University Faculty. The Faculty Senate will conduct the vote and report the results within five (5) working days to the relevant chair and to the Provost/Vice President for Academic Affairs. A vote of the University Faculty to override a council action requires approval by a simple majority of the total votes cast. (2) To override a specific action of the Faculty Senate, the University Faculty may conduct a vote. A petition signed by ten percent (10%) of the faculty eligible to vote is required. The ballot for such a vote must be accompanied by the minutes of the meeting where such action was taken, sent to each member of the University Faculty. The Curriculum Council, or other university-level council, with the logistical and administrative support of the Faculty Senate Office, will conduct the vote and report the results within five (5) working days to the Faculty Senate chair and to the Provost/Vice President for Academic Affairs. A vote of the University Faculty to override a Faculty Senate action requires approval by a simple majority of the total votes cast. c. As citizens of the university, the University Faculty may formally register an Objection to a University Presidential action. An Objection is defined as an internal statement of disagreement without the expectation of further action on the part of Faculty Senate. A petition signed by ten percent (10%) of the faculty eligible to vote is required to initiate a vote to formally object to a specific Presidential action. The Faculty Senate will conduct the vote. A vote of the University Faculty to formally object to a Proposed Faculty Constitution approved by Faculty Senate for All-Faculty Vote – April 2015 pg. 4 of 6 Presidential action requires approval by a simple majority of the total votes cast. The Faculty Senate will communicate the results of such a vote within five (5) working days to the University President and to the University Faculty. d. As citizens of the university, the University Faculty may formally register their Opposition to a University Presidential action. Opposition is defined as a formal statement of disagreement with the expectation of further internal or external action by Faculty Senate. A petition signed by fifteen percent (15%) of the faculty eligible to vote is required to initiate a vote to formally oppose a specific Presidential action. The Faculty Senate will conduct the vote. A vote of the University Faculty to formally oppose a Presidential action requires approval by a two-thirds majority of eligible faculty. The Faculty Senate will communicate the results of such a vote within five (5) working days to the University President, the University Faculty, and to the Idaho State Board of Education. Such a vote in the affirmative will trigger a request by the university for non-binding mediation. Article IV: Organization of the University Faculty Section 1: Presiding Officer The President of the University is designated as the Presiding Officer of the University Faculty. In the President’s absence, the Provost/Vice President of Academic Affairs shall serve in this capacity. Section 2: Meetings of the University Faculty a. Schedule Meetings of the University Faculty may be called by the University President, the Provost/Vice President for Academic Affairs, or Faculty Senate. b. Notice Notice of meetings of the University Faculty shall be sent via email or written memorandum at least five business days prior to the date of the meeting. The agenda for each meeting will be attached to the notice. Provisions for faculty at university satellite locations to participate in the meeting must be included. Article V: Amendment Section 1: Of the University Faculty Constitution a. Constitutional Convention: This Constitution may be amended by a two-thirds affirmative vote of the members of the University Faculty in attendance at a meeting called for that purpose, a quorum of a minimum of 50%+1 person of eligible faculty in synchronous attendance regardless of geographical location. Proposed amendments must have been published in full in the agenda at least one week before the meeting, or presented in writing at a meeting previous to the one at which the vote is to be taken. Approved amendments to this Constitution are subject to review and approval by the University President and by the State Board of Education. b. Popular vote: Amendments to this Constitution may be also proposed through a an initiative petition signed by fifteen percent (15%) of the University Faculty and presented to the Chair of the Faculty Senate and to the Provost/Vice President for Academic Affairs. In this instance, the proposed amendment to the Faculty Constitution will be placed on the agenda of the next regular meeting of the Faculty Senate for open discussion. A written copy of the proposed amendment, including explanation and justification, will be distributed to each member of the University Faculty. Then it will be submitted to a special meeting of the University Faculty called by the Provost/Vice President for Academic Affairs for discussion. A vote of the University Faculty will be held. The amendment will be approved if a Proposed Faculty Constitution approved by Faculty Senate for All-Faculty Vote – April 2015 pg. 5 of 6 quorum of the University Faculty participates in the vote (a quorum being defined as 50% + 1 person of eligible participants casting votes in the referendum), and a two-thirds (⅔) majority of those votes cast approving the amendment. Approved amendments to this Constitution are subject to review and approval by the University President and by the State Board of Education as required by State Board policy (III.C.2). Proposed Faculty Constitution approved by Faculty Senate for All-Faculty Vote – April 2015 pg. 6 of 6