This report responds to the following Charges:

Charge S-0324, Senate Bylaws Review: Review Senate bylaws and enabling University Regulations as outlined in the Senate Handbook, and make recommendations for revisions, particularly regarding Senate membership, officer eligibility and requirements.  Consult with Senate secretary and chair to identify specific aspects of the bylaws and regulations to be examined.  Preliminary Report to Senate Executive Committee by January 2005.

Charge S-0320, Election Procedures for At-Large and PTL/Annual-Appointee Senators:  Review the Procedures for Election of At-Large Faculty Senators (and faculty Senators representing other research and academic units) as mandated by Senate bylaws.  Examine the process and make recommendations regarding simplifying and updating the election process.  Consider whether election of part-time lecturer and annual-appointee Senators should be conducted by the same process.  Consult with Rita MacIndoe in the Office of Academic Affairs regarding last year’s election process and outcome, and with Senate Secretary Swalagin regarding recent PTL/Annual elections.  Respond to Senate Executive Committee by January 2005.

[Note:  Because these two charges raise related issues, they were considered together.]

The Rutgers University Senate’s bylaws are contained in Book 2 of the University Regulations.  These bylaws define the fundamental responsibilities and powers of the Senate, its membership, and its officers.  University Regulations can only be adopted or modified by the Board of Governors.  The Board normally acts on changes to the regulations affecting the University Senate in response to recommendations made by the Senate.  Although these bylaws are part of University Regulations, they are presented to senators as part of the University Senate Handbook.  The Handbook also includes actions passed by the Senate that more properly fall under the definitions of rules of order, special rules of order, and standing rules.  In addition, the Handbook attempts to provide information that is useful to senators in understanding their role and that of the University Senate.

Process:  The committee began deliberations on these charges in the spring of 2004, and conducted a number of meetings and discussions throughout September and October.  In addition to the issues raised in the charges, the committee received input on the bylaws and Handbook from past Senate chairs and the secretary of the Senate.  Some of the issues included in the charges listed above or brought to our attention involve Senate bylaws, and some involve other rules included in the Handbook.  The committee decided to address these categories of issues separately.  Since bylaws are the most fundamental rules governing any society, the committee felt that it should address changes to the bylaws first.  Recommendations for changes to the Handbook will be addressed in a separate report.

The committee reviewed the bylaws in their entirety, and analyzed them in relation to the bylaws of other Senates.  In this review the committee had two main goals: first, to consider changes that would enhance the effectiveness and influence of the Senate, and, second, to update or correct the bylaws where that was required.

Overview of Recommendations:

The recommendations presented in this report aim to improve the influence and effective operations of the Senate by:

• enfranchising the entire Rutgers staff with Senate participation through the election of 10 staff members for two-year terms as University Senators, and through election of one staff senator to the Senate Executive Committee (elected, as are all Executive Committee members, to a one-year term);
• enfranchising Rutgers' part-time lecturers and annual-appointee faculty with greater Senate influence through election of one representative to the Senate Executive Committee;
• expanding membership of the Senate Executive Committee and creating dedicated representation for Camden, New Brunswick, and Newark thereon by:  a) increasing faculty members from three to five (not including the chair and vice chair), and student members from two to three; b) holding dedicated elections of one of these faculty and student Executive Committee members from each of the University’s three campuses; c) adding one PTL/annual appointee and one staff member to the Executive Committee;
• expanding the purview of the Senate to deal with non-academic matters relevant to the mission of the University;
• enfranchising units of the University where current administrative Senators head more than one unit and currently represent both units in the Senate by allowing the President to appoint a dedicated, separate Senate representative who is an administrator in the unit to be represented;
• allowing campus-wide faculty bodies to select at-large Senators for their respective campuses;
• making Senate chair and vice chair elections more open and competitive by allowing both chair and vice chair to be from any campus; and
• adding important past experience to the Executive Committee by insuring that past Senate chairs, including those who may no longer be elected Senators, can continue to serve on the Executive Committee for a one-year transition term immediately following the end of their elected term as chair.

• clarifying and refining the definition of the term “equivalent academic ranks” to ensure that all faculty are eligible to serve in the Senate, and that they are also entitled to vote in elections of faculty Senators from their unit;
• describing already legislated provisions for the definition, voting rights, election mechanisms, and terms of PTL/Annual-appointee faculty (hereinafter referred to as "PTL/Annual") Senators;
• correcting the title of the Executive Vice President for Academic Affairs and the names of the Office of Continuous Education and Outreach and the Office of Academic Planning and Institutional Research; and
• conducting a post-three-year review (as previously specified by the Senate) of the method for voting for faculty Senators from units that share faculty members, and clarifying the language of the relevant paragraphs.

THE UNIVERSITY SENATE'S ENABLING REGULATIONS
(As revised December 1991 by the Board of Governors)

2.2.0.  THE UNIVERSITY SENATE

2.2.1.  Membership and Organization of the Senate

A.  Definitions

(1)  The term "faculty member" as used in paragraphs B(1), B(3), B(4), B(5), and B(6) with respect to eligibility to vote for a representative and/or to be elected to the Senate shall refer to full-time faculty members of the University holding the rank of professor, associate professor, assistant professor, instructor, or the equivalent academic ranks.

Issue:  “Equivalent academic ranks” should be defined.

Resolution:  ADD the word “lecturers” after “instructor” and after “equivalent academic ranks.” ADD “, as defined in Book 3.3.2 A and B” of the University Regulations.  ADD an “s” after "faculty member" in the first part of (1).

Explanation:  Book 3.3.2 A and B explains precisely what academic ranks are equivalent.  For example, " professor" is equivalent to "research professor," "clinical professor," "county agent I," "extension specialist," and" librarian I."  We also note that all these ranks have the same academic rights and responsibilities except that clinical faculty are not eligible for tenure.

(2)  The term "faculty member" as used in paragraphs B(2) and C(1)-(6) with respect to being counted for the purpose of determining the entitlement of a unit shall refer to all budgeted instructional, research, and extension faculty lines assigned to each Faculty, college, school and division of the University in the fall semester of each academic year.

(3)  The term "full-time equivalent student" as used in C(1), C(2), C(3), C(4) and D(1) shall be defined as the number of full-time students plus two-fifths the number of part-time students matriculated in each school or college in the fall semester of each academic year.

(4)  The term "Graduate Schools" as used in B(2) and C(4) shall refer to the Graduate School-Newark, the Graduate School-New Brunswick, and the Graduate School-Camden.

ISSUE:  In April 2001, the Senate approved inclusion of PTL/Annual representatives among its membership, but appropriate language has not yet been added to the University Regulations.

RESOLUTION – FIRST NECESSARY CHANGE: Insert the following definition into University Regulations.

(5)  The term “part-time lecturers” as used in paragraphs B(5) and C(1) with respect to eligibility to vote for a representative and/or to be elected to the Senate shall refer to  lecturers hired on a semester/course basis.  All part-time lecturers employed by the University at the time of the election are eligible to vote in their respective campus elections.  Those who have taught at the University for at least three semesters during the last three calendar years are eligible to serve.

(6)  The terms “annual(s)” or "annual appointee(s)" as used in paragraphs B(5) and C(1) with respect to eligibility to vote for a representative and/or to be elected to the Senate shall refer to non-tenure-track faculty hired for a calendar or academic year.

ISSUE:  The addition of staff representatives requires addition of a definition.

RESOLUTION:  Insert the following definition below.

(7)  The term “staff” as used in paragraphs 2.2.1.B (1) (9) and 2.2.1 F  with respect to eligibility to vote and/or be elected to the Senate shall refer to full-time employees of the University who are neither faculty members as defined in 2.2.1.A (1), (5) or (6) nor administrator Senators as defined in 2.2.1.B (1).

B.  Voting Membership and Procedures

(1) The voting members of the University Senate shall be the faculty senators, elected by and from the faculty members of the Faculties, colleges, schools, campuses, and other units of the University as described in C(1)-(5), the student senators as described in section D, and six representatives elected by the Alumni Federation.  The President of the University, the University Vice President for Academic Affairs, the Provost-Newark, the Provost-Camden, the University Librarian, the dean of each Faculty, school and college, and two additional members of the administrative staff to be named by the President shall be voting members of the Senate.  The Senate may also appoint non-voting members.

ISSUE:  The administrators included in the above list do not reflect the recent reorganization of the upper level administration.

RESOLUTION:  Change "University Vice President for Academic Affairs" to "Executive Vice President for Academic Affairs."  In the original wording of (1), add “also” between “named by the President shall”  and “be voting members.”

ISSUE:  The list of senators in (1) must include the newly added staff group.

RESOLUTION:  AFTER “and section D,” ADD “ten representatives from among the staff,"

(2) The President of the University or his/her designee shall certify to the Secretary of the Senate the number of faculty members and full-time equivalent students in each unit and the number of members and associate members of the graduate faculties on December 1 of each year for the purpose of determining the faculty representation for the following academic year.  A faculty member shall be counted only in the unit to which his/her faculty line is budgeted, with the exception that a member of the faculty of one of the regional campus graduate schools will be counted as a faculty member of that graduate school in accordance with C(4) below, in addition to his/her home division.

(3)  The election of faculty senators shall be in accordance with their unit's bylaws and shall be at-large within each unit unless otherwise provided in the unit's bylaws.

Issue:  The current election procedure for part-time lecturers and annual appointees is performed by the Senate secretary rather than by any unit.  We recommend that election be conducted by the Office of the Executive Vice President for Academic Affairs (in New Brunswick), and provosts’ offices in Newark and Camden, as are the elections of at-large and “other units” faculty Senators.

Resolution:  Add at the end of (3):  “When representatives are elected at-large for a campus, the elections shall be conducted by the Office of the Executive Vice President for Academic Affairs (in New Brunswick), and provosts’ offices in Newark and Camden.

Explanation:  When the campus is considered the “unit,” as is the case where PTLs/annuals or faculty senators are elected at-large from a campus, the provosts in Newark and Camden and the Executive Vice President for Academic Affairs are the officers who hold the positions analogous to the dean of a unit.  Therefore, these officers or their representatives should conduct these elections.

Issue:  In addition, for many years New Brunswick has designated the Chair of Faculty Council to hold a three-year term as “at-large” rather than holding elections for that at-large Senate position.  If it were desirable to continue this practice, it should be written into regulations.

Resolution:  SAME RESOLUTION AS ABOVE, but also ADD to language above:  “Each campus shall have the option of conducting elections of at-large faculty Senators through action of its respective campus-wide faculty body/group (e.g., New Brunswick Faculty Council, Newark Faculty Council, Camden Faculty Senate) in lieu of campus-wide elections."

Explanation:  Where campus-wide representative bodies exist and function, such as the Faculty Councils in New Brunswick or Newark, these bodies would be the appropriate ones to decide if a different process should be used to select the at-large senators.  For example, the New Brunswick Faculty Council might decide that the chair should automatically be appointed to a three-year term (providing the corresponding Senate vacancy is for a full three-year term, and not the remainder of an unfinished term) as an at-large senator to facilitate coordination between these units.

(4)  For the purpose of voting for a representative to the University Senate and/or being elected to the University Senate, a faculty member, excluding members of the graduate faculties, shall have eligibility to vote and/or to be elected in the unit in which the largest share of her/his line is budgeted, providing that in the event a line is equally distributed between or among academic units, such faculty member shall choose and thereafter continue to be associated with the chosen unit for the purposes set forth in this paragraph, except that Assemblies shall decide how faculty senators from Douglass College, Livingston College, Rutgers College, and University College-New Brunswick are to be elected, and each faculty senator from those four colleges shall be or shall become a Fellow of the college represented.

(5)  Faculty senators shall normally serve a term of three years.  The terms of faculty senators shall be specified by the Executive Committee of the Senate in accordance with the principle that approximately one-third of the terms of faculty senators from each unit shall end each year, without excluding the possibility of re-election.  The term of faculty senators shall begin on July 1.

ISSUE:  Appropriate language must be added for term of PTL/Annual representatives.

RESOLUTION: Add the following language at the end of (5):  “Senators representing part-time lecturers and annual-appointee faculty shall be elected annually by vote of part-time lecturers and annual-appointees.  The term of part-time lecturer/annual-appointee representatives will be for a period of one year and will begin on July 1.”

(6)  When an elected faculty senator leaves the unit from which the senator is elected, the respective Senate seat shall be deemed vacant.  When an elected faculty senator assumes a new position within the unit from which the senator is elected (i.e., a position other than that of a faculty member as defined in section A above), then the Senate seat shall be declared vacant if the senator is not eligible to be elected to the Senate from the new position in accordance with the respective unit's bylaws at the time the senator assumes his/her new position.  Vacancies when this occurs shall be filled in accordance with the respective unit's bylaws.

(7)  All students who are candidates for a degree at the University shall be eligible to vote for and to be elected as student senators.  The time, place, and manner of the election of student senators shall be determined by the student governing body in each of the schools and colleges of the University.  Student senators shall serve for a term of one year without excluding the possibility of re-election.  When an elected student senator leaves the unit from which the senator was elected, the respective Senate seat shall be deemed vacant, and the vacancy shall be filled in accordance with the respective student governing body's bylaws.  Student senators shall have full rights to participate in the affairs of the Senate, including voting and holding office.  The term of student senators shall begin on July 1.

ISSUE:  Clarify “who are candidates for a degree.”

RESOLUTION: ADD “matriculated” after “All” and cut “who are candidates for a degree".

(8)  The presidential nominations of two members of the administrative staff shall be for a term of one year and shall be forwarded to the Secretary of the Senate by June 15 each year.  When individuals hold multiple titles of administrative positions which are included in paragraph B (1) for voting membership in the Senate or when vacancies exist in administrative positions which are included in paragraph B (1) for voting membership in the Senate, the President of the University may designate other members of central or regional administration to serve in lieu of the affected positions as voting members of the Senate until the titles are separately held or the vacancies filled.  The names of designees shall be forwarded to the Secretary of the Senate.

ISSUE:  Designee administrative appointments:  This practice was approved in 1991 on a motion from the Executive Committee, and added an additional nine administrative designees (in addition to the two administrative appointees).  These positions are not necessarily held by individuals in the units they are designated to represent, and in many cases they are not even from the same campus.  This disparity compromises the ability of the designee Senators to represent their units on the Senate, and vice versa.

RESOLUTION:  Revise the wording above that comes AFTER “which are included in paragraph B (1) for voting membership in the Senate," to read “the President of the University, in consultation with the individual holding multiple titles in the unit, may designate another administrative member of that unit to serve in lieu of the affected positions…”

EXPLANATION:  The intent of the original distribution of representatives was to ensure Senate representation of each unit by its faculty, and students, as well as its highest-level administrator.  When the person appointed to fill a vacancy is from an unrelated unit of the upper administration, this representation is not realized.  We did not want to disrupt the balance of the Senate by eliminating these appointees, but feel that they should be chosen to represent the unit that holds that position.  Thus, for example, since the Dean of the Faculty of Arts and Sciences-NB and the Dean of the Graduate School-NB are currently the same person, the appointee to the second position should be an administrator from one of those units (i.e., Vice Dean of the Graduate School, or an area dean).

ISSUE:  The procedures for election, distribution, and term of office for staff representatives to the Senate must be defined.

RESOLUTION:  Add the following paragraph:

(9)  The  ten staff representatives to the University Senate will be elected at-large from their respective campuses, with  five senators representing New Brunswick,  three  Senators representing Newark, and two Senators representing Camden.  Staff senators will serve for a term of two years starting on July 1.  When vacancies exist among these Senators, new representatives will be elected to finish those vacated  terms.

(10) When an elected senator will be on leave for a period of one semester or more, he or she shall inform the Secretary of the Senate and the dean (or the provost if an at-large senator) that he or she will be on leave and state whether or not he or she can attend to Senate business during that time; the dean (or provost) will then seek the advice of that faculty or student governing body, as appropriate, as to whether or not they wish to have a replacement elected according to the bylaws of that unit for the period of the leave of the regularly elected senator.

ISSUE:  Numbering of above section needs to be changed to accommodate addition of staff election procedure.

RESOLUTION: CHANGE "(9)" above to "(10)."

C.  Faculty Representation

(1)  The University Senate shall have its faculty membership distributed among the units of the University in proportion to the number of faculty members or full-time equivalent students in each unit as provided in C(2) through C(6) below, to be elected in accordance with each unit's bylaws. In addition, each of the three geographic campuses shall elect three senators-at-large.

ISSUE: The language above must be changed to reflect the fact that there is now an alternative method of electing at-large senators and each campus has a PTL/Annual representative.

RESOLUTION:  Change the last sentence in (1) to:  “In addition, each of the three geographic campuses shall be represented by three senators-at-large, and one senator from each geographic campus representing part-time lecturers/annual-appointee faculty.”

(2)  Each undergraduate and graduate professional college or school shall be entitled to the larger number of faculty senators based upon:  (a) one senator for each 45  budgeted faculty lines or major fraction thereof, or, (b) one senator for each 600 full-time equivalent students or major fraction thereof, except that each school or college shall be entitled to at least one representative.  This provision applies to those undergraduate and graduate and professional colleges or schools not specifically included in C(3) below.

(3)  Faculty representation for the Faculty of Arts and Sciences-New Brunswick, the Edward J. Bloustein School of Planning and Public Policy, Douglass College, Livingston College, Rutgers College and University College-New Brunswick; for the Faculty of Arts and Sciences-Newark, the Newark College of Arts and Sciences, and University College-Newark; and for the Faculty of Arts and Sciences-Camden, Camden College of Arts and Sciences, and University College-Camden shall be the larger number based on the same formula as  provided in C(2) (one per 45 budgeted faculty lines or 600 full-time equivalent students), and the number for each campus shall be distributed as follows: one-half to the colleges and one-half to the Faculty or Faculties (in case the number is uneven, the extra senator is to be assigned to the Faculty or Faculties); for the colleges, the number is to be divided among the appropriate units on each campus in proportion to FTE student enrollment, except that each college shall have at least one representative; for the Faculties of a campus, the number is to be divided in proportion to faculty lines, except that each Faculty shall have at least one representative.  The provisions of this paragraph are to be reviewed after three years of application.

ISSUE 1:  The provisions of this paragraph were to be reviewed after three years of application.  This was never done.

ISSUE 2:  All of the units mentioned here are units whose membership overlaps, i.e., FAS-NB and the liberal arts colleges.  Why is the Bloustein School included here?  The reason at the time was that the school had faculty from other units (which is not the case now).

RESOLUTION 1:  Remove the last sentence of the paragraph.

EXPLANATION 1:  We have discussed this issue and consider this discussion to be the mandated (albeit belated) review.  The entitlement formula is cumbersome, but effective.  The Senate secretary notes that this method of calculating representatives is reasonable, and we see no reason to change it.

RESOLUTION 2:

MAKE THE FOLLOWING CHANGES FOR CLARITY:

IN  C (2)AFTER “professional college or school” ADD "(except those listed in (3) below)."

IN C (3) the committee made many changes as follows:

REMOVE the word “for” after “Faculty representation”
ADD “in units that share faculty”
REMOVE  “the Edward J. Bloustein School of Planning and Public Policy”
REMOVE  “The provisions of this paragraph are to be reviewed after three years of application.”
ADD a “(“ before “Faculty of Arts and Sciences” and ADD a “)” after “University College – Camden.”

EXPLANATION 2:  Where the faculties of units overlap, calculating representatives separately would inflate the number of representatives from essentially the same subset of faculty.  For example, the faculty fellows of Rutgers and Douglass colleges are primarily drawn from the Faculty of Arts and Sciences-NB.  The formula above makes sense in those instances.  However, the faculty of the Bloustein School is a separate faculty, like that of Pharmacy or Engineering, and not like that of the liberal arts colleges.  Therefore, the Bloustein School should be treated as all the other professional schools.

(4)  The graduate schools shall be entitled to a number of faculty senators which is the greater of:  (a) one senator for each 45 budgeted faculty lines or major fraction thereof plus one senator for each additional 200 members and associate members of that graduate school faculty or major fraction thereof, or (b) one senator for each 600 full-time equivalent students, or major fraction thereof.

(5)  The University Libraries shall be represented by one senator for each 45 budgeted faculty lines or major fraction thereof.

(6)  Other research and academic units on a campus shall collectively comprise one unit (for the purpose of Senate representation) which shall be entitled to one senator for each 45 budgeted faculty lines or major fraction thereof.  This provision shall include the research and academic units as maintained on a current listing by campus in the Office of Academic Planning and Program Development, as provided in Section 1.3.2. of University Regulations, unless such units are otherwise provided for above, plus any faculty lines budgeted to the Division of Continuing Education.

ISSUE:  The wording in the above paragraph needs to be updated.

RESOLUTION:  ADD  after “Office of” the words “Institutional Research and”
REMOVE THE WORDS “and Program Development”
REMOVE “Division of Continuing Education”
ADD "Office of Continuous Education and Outreach”

EXPLANATION:  There is no “Division of Continuing Education.”  Other terms are wrong.

D.  Student Representation

One student senator shall be elected for each 900 full-time equivalent students, or major fraction thereof, of each school or college offering degrees, except that each school or college shall be entitled to at least one student representative.

E.  Officers

(1)  The elected officers of the Senate shall consist of a chairperson and vice chairperson who shall be elected from among the voting membership of the Senate.  At least one of these officers shall be a member of one of the schools, colleges or faculties in Newark or Camden.  The officers of the Senate shall assume office on July 1 following the date of their election and shall serve for a period of one year.

ISSUE:  Requirement that chair or vice chair be from Newark or Camden limits choices for nominations for these crucial offices.

RESOLUTION:  REMOVE  “At least one of these officers shall be a member of one of  the schools, colleges or  faculties in Newark or Camden.”

EXPLANATION:  The proposed change makes election of Senate officers less cumbersome and more competitive.  There is already a provision that the Executive Committee include at least one member from Newark and at least one from Camden.

(2)  The chairperson of the Senate shall serve for no more than three consecutive one-year terms.

ISSUE:  Reconsider this term limit for the Senate Chair?

RESOLUTION:  We recommend that the term limit be retained.

EXPLANATION:  We believe that rotating the position ensures that diverse viewpoints among the university community are represented.

F.  Executive Committee

There shall be an Executive Committee of the Senate consisting of the chairperson, vice chairperson, four faculty members, two student members and one voting alumni member elected from the Senate.  The immediate past chairperson of the Senate shall become an additional member of the Executive Committee, with vote, for one year following his/her chairpersonship.  Members of the Executive Committee shall assume office on July 1, following the date of their election, and shall serve for a period of one year.  The Executive Committee shall be responsible for coordinating the activities of the Senate and its committees, exercising such powers as the Senate may delegate to it and acting on its behalf between meetings of the Senate.  At least one representative from each major campus (Camden, Newark, and New Brunswick) shall be elected to serve on the Executive Committee.  If the Executive Committee deems a member to be excessively absent from its meetings, it may request that member's resignation or recall from the Executive Committee.  Vacancies on the Executive Committee shall be filled by the Executive Committee nominating a replacement, which shall be voted upon by the Senate at its next meeting.  Other nominations may be made from the floor at that time.

ISSUE:  It is possible that the immediate past chair may not be an elected Senator in the year following his/her chairpersonship.  The immediate past chair would then be a voting member of the Executive Committee, but NOT a voting member of the Senate.

RESOLUTION:  AFTER “following his/her chairpersonship.”  ADD “The immediate past chair shall also be a voting Senator for one year following his/her chairpersonship if not already serving as an elected Senator, unless s/he declines the Executive Committee position.”

EXPLANATION:  Because the intent of this provision is to ensure that the immediate past chair would continue on the Senate and Executive Committee in order to promote continuity, having that person also be a voting senator would be in the same spirit.  The addition of a single voting senator would have little or no effect on the balance of the Senate.

ISSUE 2:  The Senate Executive Committee is smaller than executive committees of most such bodies, which makes it difficult to ensure proper representation of each campus.  This is particularly critical since we are recommending removal of the provision that either the chair or the vice-chair must be from Newark or Camden.

RESOLUTION: Modify paragraph 2.2.1.F as follows:

There shall be an Executive Committee of the Senate consisting of the chairperson, vice chairperson, five faculty members, three student members, one part-time lecturer/annual-appointee faculty representative, one staff representative, and one alumni member.  All members of the Executive Committee must be elected Senators.  One faculty representative shall be elected from each campus with the additional members elected at- large.  One student representative shall be elected from each campus.  The immediate past chairperson of the Senate shall become an additional member of the Executive Committee, with vote, for one year following his/her chairpersonship.  Members of the Executive Committee shall assume office on July 1, following the date of their election, and shall serve for a period of one year.  The Executive Committee shall be responsible for coordinating the activities of the Senate and its committees, exercising such powers as the Senate may delegate to it and acting on its behalf between meetings of the Senate.  At least one representative from each major campus (Camden, Newark, and New Brunswick) shall be elected to serve on the Executive Committee.  If the Executive Committee deems a member to be excessively absent from its meetings, it may request that member's resignation or recall from the Executive Committee.  Vacancies on the Executive Committee shall be filled by the Executive Committee nominating a replacement, which shall be voted upon by the Senate at its next meeting.  Other nominations may be made from the floor at that time.

EXPLANATION:  This proposal increases the size of the Executive Committee by four members (one faculty, one student, one part-time lecturer/annual, and one staff member) in order to increase the representative function of this body.  In order to ensure that there is adequate representation from the three major geographic campuses, we are proposing that three of the faculty lines be dedicated to one from each campus, and that the student lines be dedicated to one from each campus.  This will ensure representation from each campus and still allow the chair and vice chair elections to be held at-large.

2.2.2.  Duties and Powers of the Senate

A. The Senate shall concern itself with all academic matters pertaining to the University.  Taking into account the diverse functions of the separate units of the University, it shall establish minimum standards respecting admission, scholarship and honors.  The Senate shall also regulate formal relationships among academic units within the University, including the organization of the disciplines, recommend norms for teaching loads, and establish the University calendar.  The Senate shall in addition have such other powers as the Board of Governors may delegate to it.

ISSUE:  The ability of the Senate to advise on non-academic matters Section 2.2.2 (A) is not clear.  The committee discussed the fact that non-academic matters are often inseparably linked to academic matters, and that many such matters arise in the Senate, i.e., use of technology, state of our physical facilities, transportation and parking.

RESOLUTION:  After discussion, the committee adopted language to be inserted AFTER the word “academic” as follows:  “and non-academic matters pertaining to the mission of the University.”  The  committee did feel that the use of technology and many other matters make this prudent and necessary.

EXPLANATION:  This change updates the Senate’s ability to advise Rutgers' President on pertinent non-academic matters.  Many non-academic matters have a significant impact on the academic mission of the university.  In support of this change, we cite the following existing language in paragraph l:

"Either at the request of the President or the Board of Governors, or upon its own initiative, the Senate may by resolution advise the President or the Board of Governors on any matters of concern to the University."

B.  The Senate shall advise the President on matters of broad educational and research policy, which matters include but are not limited to:  (a) budget priorities and allocations and general planning, (b) the establishment or dissolution of colleges, schools, divisions, institutes, and similar educational units, (c) special affiliations and programs, (d) regulations affecting students and faculty, such as those concerning academic freedom, equal opportunities, and personnel practices and procedures, and (e) such changes in educational and research policy as are covered in the University Regulations and Procedures Manual.  The Senate may also initiate action on these matters.  The President of the University shall act on such matters only after having received the advice of the Senate or after giving the Senate a reasonable time in which to present its views.  If there is a question as to whether a matter is of broad educational and research policy, the Senate Executive Committee shall be informed in order to determine Senate action on that matter.  When special circumstances require prompt action, and when the Senate as a body is either out of session or not available for timely consultation, the President shall ask the Executive Committee of the Senate to convene as expeditiously as possible, in order to hear the reasons why emergency action seems necessary and to provide counsel on both the assessment of the situation and the proposed course of action.  If the full membership of the Senate Executive Committee cannot be convened within a reasonable period of time, the President shall consult with such members as can be convened by the Secretary of the Senate.  At the earliest possible opportunity, a report on such emergency action shall be presented to the full Senate.

(1)  The President of the University shall, with respect to such matters, communicate to the Board of Governors, or to any other such agency to which he or she may report, the views of the Senate along with his or her own report and/or recommendation.  Either at the request of the President or the Board of Governors, or upon its own initiative, the Senate may by resolution advise the President or the Board of Governors on any matters of concern to the University.  The Senate shall be informed of the President's recommendation on matters on which the Senate has taken action prior to the meeting of the Board of Governors or its appropriate committee.  Whenever the Board of Governors or one of its committees is considering a recommendation from the Senate, an appropriate additional representative of the Senate shall be invited to present the views of the Senate.  The President shall inform the Senate of the disposition of all of its recommendations.

(2)  In matters of significant consequence to the University's broad educational and research policies, a representative of the University Senate may appeal, on the Senate's behalf, to the Educational Planning and Policy Committee of the Board of Governors an action of the President of the University in which the representative alleges that the President has acted contrary to any of the following provisions:  policy of the Board of Governors; these Regulations; State or Federal law; a contract to which the University is a party except contracts involving collective bargaining; practice well established in the absence of Board policy or University Regulation; or the University's best interest in an action which establishes a policy in a matter not regulated by any of the foregoing.  If the Educational Planning and Policy Committee finds that the decision questioned is consequential and that the issue requires interpretation under any of the provisions above, the Committee will request the advice of the Senate on the issue if that has not already been offered and will refer the question to the Board of Governors for resolution.

C.  Any major decision in any academic or administrative matter affecting the faculty or students made at a departmental, college or any other internal level which requires prior consultation with the affected bodies, under provision of a policy of the Board of Governors, of these Regulations, of State or Federal law, of a contract to which the University is a party except contracts involving collective bargaining, or of a practice well established in the absence of Board policy or University Regulation, or which establishes a policy in a matter not regulated by any of the foregoing provisions, may be appealed to the University Senate by the faculty or any division thereof or the student governing body of any interested unit of the University on the ground that the faculty or student body was not adequately consulted prior to making the decision.  The appeal shall be made in writing, and shall include copies of any relevant document and a short statement of the reasons why the appellant believes this paragraph of University Regulations is applicable and the decision should be reconsidered.  If the Senate decides to hear the appeal, the decision shall be suspended while the appeal is pending unless the President of the University determines that it is not practical to do so.  If the President so determines, he or she shall set forth in writing the reasons for his or her action.  The Senate may exercise its  power directly or provide that appeals be heard and decided by a committee.  The Senate will not conduct a new hearing for the purpose of taking testimony but will act on the record of the committee's proceeding.  The record will include a finding of facts on which the committee based its conclusions.

2.2.3.  Procedures

A.  The Senate Executive Committee, prior to April 1, shall appoint a nominating committee to select candidates for the office of chairperson, vice chairperson, and for membership on the Executive Committee and all other officers and representatives that are to be elected by the Senate.  The report and/or sample ballot of the committee shall be circulated to members of the Senate-elect at least ten days before a special meeting of the Senate-elect to be held in May for the purpose of electing officers.

B.  The Senate shall meet at a stated time at least once each month during the academic year.  In addition, the chairperson or the Executive Committee may convene a meeting of the Senate at any time; the chairperson shall convene a meeting on the written request of any ten delegates or at the request of the President of the University.

C.  The Senate Executive Committee will ordinarily meet monthly during the calendar year and shall regularly meet with the President or Executive Vice President and Chief Academic Officer to discuss matters of mutual concern.

D.  A quorum of the Senate shall consist of one-third of the voting membership.

E.  The chairperson, Executive Committee or the Senate, by resolution, shall have the power to invite any person to address the Senate.  The meetings of the Senate shall ordinarily be open.

F.  The Senate may authorize the Executive Committee to act on its behalf between meetings.

G. The Senate shall have the power to establish committees. The chairperson and at least one other member of each Committee shall be members of the Senate.

H.  The Senate may delegate its powers to appropriate committees each of which shall include at least one member of the Executive Committee.

I.  The Senate shall have the power to organize subsenates.

J.  The Senate shall have the power to adopt regulations governing its own procedures.  Robert's Rules of Order shall be followed except in those cases where they are inconsistent with sections 2.2.1.-2.2.3. of these regulations.

K.  All prior regulations adopted by the Senate are hereby extended until modified in accordance with the provisions of this instrument.