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ARTICLE IV. Department or Equivalent Unit Affairs.

Section 1. Purposes.  The Faculty Constitution shall establish university-level policies, and college and department or equivalent unit bylaws shall establish the framework and specific policies and procedures by which departments and equivalent units can maintain stability, strength, and growth. Such bylaws shall establish policies and procedures by which members shall participate in unit affairs, and by which faculty shall exercise their responsibility for unit governance and their primary responsibility for academic and faculty personnel matters.

Section 2. Organization.  In considering organizational changes in paragraphs A through D of this section, the faculty shall recognize the Chancellor's responsibility for designing curriculum in consultation with the faculty.

A.   Each department or equivalent unit that is recognized as such at the time this constitution goes into effect shall continue to be so recognized and to retain the same college affiliation. A different organization or affiliation shall be established only through consultation between the Chancellor and the department or equivalent unit and, if necessary, the college or colleges directly involved.

B.    The removal, elimination, transfer, or reorganization of existing departments or equivalent units, or the addition of new ones to a college, shall occur only through consultation between the Chancellor and the faculty of each college or school. Procedures for such changes, when they occur within a college or school, shall be established by the bylaws of each college or school.

C.    In event of reorganization between existing colleges or formation of a new college by existing departments, the following process shall apply:

1.   Faculty members from within the department(s) seeking to move out of their current college, or      any other body seeking an intercollegiate reorganization (e.g., Faculty Senate), shall approve a          formal motion or resolution to endorse the reorganization.

2.   Each department seeking to move shall simultaneously submit a formal written request, along      with supporting rationale and evidence, to the Provost and Vice Chancellor and to the Faculty            Senate.

3.   The Provost and Vice Chancellor shall forward copies of the written request to the deans of any    college directly affected and request recommendations from the colleges and set a deadline for such  recommendations.  This deadline should allot a minimum of three months for the colleges to collect data for decision-making as noted in step 4 below. Further, it should ensure that the process for obtaining the faculty recommendation (i.e., information-sharing and the referendum or vote) is conducted during an academic semester to allow for maximum participation of the faculty.

4.   The dean(s) shall provide a three-year financial history of the unit(s) seeking to move to faculty of the affected colleges and to the Faculty Senate. Financial disclosure will include budgeted funds and actual funds received by the department, expenditures, revenues, FTE salaries, and any other relevant information. The deans shall also address considerations with respect to the effect of the move on issues such as costs, students, physical space demands, and culture.

5.   The dean(s) shall request a recommendation from the college faculty in accordance with the          college by-laws or as agreed upon by the faculty.

6.   Following the college faculty recommendation(s), the dean(s) and the Faculty Senate shall make recommendations to the Provost and Vice Chancellor by the deadline established in step 3 above. The recommendation(s) of the deans shall include a budget allocation proposal which outlines the details of the financial implications of moving the department(s), the terms for reallocating budget, and a rationale for the proposed terms.

7.   Within 20 days, the Provost and Vice Chancellor shall make a decision to accept or reject the department(s) request and, if accepted, establish budget allocation rules. As a guiding principle, the Provost and Vice Chancellor will seek to reach an agreement where neither college’s financial situation is made better or worse off as a result of the move itself.

8.   A written appeal by any college directly affected by the move, or by departments themselves, must be made to the Chancellor within 10 days of the Provost and Vice Chancellor’s decision.

9.  The Chancellor shall respond to the appeal with a written decision within 20 days.

10.  If the move is approved in either step 7 or step 9 above, the terms of transition shall be negotiated by the faculty and administrators directly involved in the move.  A formal written agreement regarding the terms of the transition will be approved by the parties involved within 30 days.

D.   A professional, non‑teaching faculty unit not associated with a college, but organized as a department at the time that this constitution goes into effect shall continue to be identified as a department. A different organizational structure shall be established only through consultation between the Chancellor and the members of the unit. Procedures for such changes shall be established in the unit bylaws. Faculty personnel who hold limited appointments in non‑teaching  units may be voting members of those units if the unit bylaws allow that.

E.    Effective with the date of the ratification of this constitution, each academic program not associated with a particular college or school shall function independently of Article IV for a three‑year experimental period, during which time the faculty of the program, the university's chief administrative officer for academic affairs, and the appropriate Faculty Senate committee(s) shall participate in its development. It is recognized that such programs may require considerable flexibility in staffing and that faculty may participate in such programs at less than full time. All faculty who participate in the development of such programs shall, however, serve as advisors to the program and shall be asked to share in their evaluation. After three years, the academic program shall be evaluated by the program faculty, and the appropriate administrative official, and Senate committee to determine whether it should be made permanent. If so, the program faculty shall establish bylaws and, after consultation with the Faculty Senate and the proposed parent body, recommend to the Chancellor a permanent affiliation for the program.

Section 3. Department or Equivalent Unit Membership.  Faculty members shall be voting members of the department or equivalent to which they are assigned for the greatest part of their time. Those whose time is divided equally between two or more such units shall choose voting membership in one of the units. The choice is to be communicated to the Executive Committee of the Faculty Senate. Faculty members may be non‑voting members of other units in accord with the bylaws of those units.

A.   Membership in a unit is limited to faculty members as defined in Article I of this constitution.

B.    Assignment of personnel to a teaching or professional unit in which they have not been tenured shall require approval by a majority of the faculty members of that unit and of the person assigned.

C.    Non‑teaching chairpersons and equivalent unit leaders shall be voting members of their units.

D.   Administrators who hold a limited appointment shall not be voting members of a department or equivalent unit.

E.    Only persons holding faculty rank shall be eligible to vote on faculty personnel matters.

F.    Faculty members on leave of absence and faculty members on lay‑off shall be accorded full rights under this constitution, in accord with university policy and Article I, Section 1.

Section 4. Rights and Responsibilities of Department or Equivalent Unit Members.  The faculty of a unit, recognizing the students' role and the Chancellor's responsibilities and authority in formulating university policy, shall have primary responsibility for the unit's academic and educational policy, faculty personnel policy, and immediate governance. Faculty primary responsibility shall include but not be limited to formulation of major and minor requirements; formulation and continuous evaluation of curriculum; planning and faculty development; full participation in unit decisions about recruitment, appointment, reappointment, tenure, and promotion. The faculty of a unit shall have the right to participate fully in unit governance. The faculty of a unit shall also have the right to participate actively in determining policies about teaching assignments, budgets, and all other such department matters. Each voting member of the unit shall have an equal voice in governance. Unless specifically prohibited elsewhere in this constitution or in university policies as defined in Article V, Section 4 of this constitution, the decisions of the majority of eligible voting members of the unit shall be the decisions of the unit. Implementation of this principle shall be provided by unit bylaws.

Section 5. Responsibilities of Department Chairperson or Equivalent Faculty Leader.  Each department or equivalent unit shall have a faculty leader nominated by the department or equivalent unit and appointed by the Chancellor.

A.   The chairperson or equivalent unit leader is responsible for seeing to it that provisions of the unit bylaws, those policies, procedures, and decisions made by the faculty in unit meetings, and university policies as defined in Article VI, Section 4 of the Faculty Constitution are discharged. Unit actions shall be in accord with university policies. The chairperson or equivalent shall keep the unit informed about all matters of importance to it. The unit leader shall bring to the attention of the unit faculty their responsibility for immediate governance of the unit, and their primary responsibility for faculty personnel, educational and academic matters, and the necessity for developing unit policies about those matters. If the chairperson or equivalent unit leader acts without consultation with the members of the unit, he or she shall inform all members of the reason for said actions. These actions shall be subject to review by the members.

B.    The chairperson or equivalent unit leader shares with the faculty of the unit the responsibility for seeing that the unit bylaws and governance policies are observed.

C.    The chairperson or equivalent unit leader shall discharge those duties and responsibilities required by university policies and procedures and shall carry out those duties in accordance with the provisions of Article VI of this constitution.

Section 6. Selection of Department Chairperson or Equivalent Unit Leader.  The unit leader  shall be nominated by a majority of the eligible voters who cast ballots and shall be appointed by the Chancellor. If a nominee is not accepted by the Chancellor, another nominee shall be selected until the appointment is made.

A.   A chairperson/equivalent shall hold the rank of assistant professor or higher in the department or equivalent unit.

B.    The term of office for chairperson/equivalent shall be three years.

C.    The chairperson/equivalent shall be nominated during March and appointed as soon thereafter as possible. The individual Colleges, through their normal governance processes, determine the date of the Chair/equivalent transition, which will be no sooner than the end of the 17th week of the spring semester in which the election was held.

D.   The nomination of a chairperson/equivalent shall be by secret ballot and shall be conducted in accord with procedures established in college bylaws.

E.    A unit may remove a chairperson/equivalent for good and sufficient reasons by a vote of two-thirds majority of eligible voting faculty. The Chancellor shall have the right to request that the unit conduct such vote. The recall election shall be conducted according to procedures established in college bylaws.

F.    Should the office of chairperson or equivalent become vacant, the office shall be filled for the remainder of the unexpired term by a chairperson/equivalent chosen by special nomination which shall be held within ten days after the vacancy occurs and shall be conducted according to the relevant provisions of this Article of the constitution. College bylaws shall establish procedures for the nomination and appointment of an acting chairperson or equivalent to fill a vacancy that occurs during a period when the legal voters of the unit are not required to be on campus for professional or teaching responsibilities.

Section 7. Unit Bylaws.  Each governance unit covered by this Article shall establish written bylaws consistent with the Faculty Constitution. The bylaws shall create a democratic government for the internal operation of the unit. Unit bylaws must be approved by a majority of the eligible voters who choose to vote.

A.   Bylaws approved by a department or equivalent governance unit shall be reviewed by the Faculty Senate for consistency with the constitution and shall take effect when they have been accepted by the Senate.

B.    Members of units shall review their bylaws at least every five years.

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