University of Oregon Statement of Internal Governance (draft as of 31 October 2008)

University of Oregon Statement of Internal Governance

The University of Oregon recognizes the scope of faculty governance prescribed by the Oregon State Legislature and the Oregon State Board of Higher Education.

RELEVANT OREGON REVISED STATUTES

(May be altered only by state legislative action)

ORS 352.010 Status of Faculty. “The President and the professors constitute the faculty of each of the state institutions of higher education and as such have the immediate government and discipline of it and the students therein. The faculty may, subject to the supervision of the State Board of Higher Education under ORS 351.070, prescribe the course of study to be pursued in the institution and the textbooks to be used.” [Amended by 1987 c.246 paragraph 4; 1989 c.492 paragraph 3]

[In this context, “professors” means: “One that publicly teaches any science or branch of learning: particularly, an officer in … a university … whose business is to read lectures or instruct students in a particular branch of learning” (WEBSTER’S 1828), as stated by the office of the Oregon State Attorney General (see footnote 11, Opinion Request OP-6735, 2008). In this governance document “Faculty” refers to the statutory governing body of the University composed of the President of the University and all teachers (“Officers of Instruction”) on contracts of one or more years duration at 0.5 FTE or greater. “Faculty” also includes those “Officers of Administration” who are also current members of the faculty in one or more of the University Departments listed in Section 2.2 of UNIVERSITY OF OREGON CONSTITUTION, below. When the Faculty convenes, it is referred to as the Faculty Assembly.]

ORS 352.004 Presidents of state institutions. “The president of each state institution of higher education within the Oregon University System is also president of the faculty. The president is also the executive and governing officer of the institution, except as otherwise provided by statute. Subject to the supervision of the State Board of Higher Education, the president of the institution has authority to control and give general directions to the practical affairs of the institution.” [Formerly 352.020; 2005 c.22 paragraph 249]

STATE BOARD OF EDUCATION INTERNAL MANAGEMENT DIRECTIVE 1.123

(May be altered only by the State Board of Higher Education)

IMD 1.123 Internal Governance and Authority over the Faculty

“(1) The President shall have the right to convene and preside over the faculty or faculties of the institution and shall have the right of veto over their decisions or those of the representative body, subject to review by the Chancellor. The President shall define the scope of authority of faculties, councils, committees, and officers, subject to review by the Chancellor, when not otherwise specifically defined by Board policy or established in the internal governance statement.

(2) Each institution shall have the right to formulate a statement of internal governance expressed as a constitution or in other appropriate format, which shall be ratified as the official statement of internal governance by those included in the internal governance structure of the institution and by the President. The internal governance statement is subject to review and modification when a new President assumes office and at such other times as shall be provided for in the internal governance statement; any amendatory action shall also be subject to ratification by those included in the internal governance structure and by the President.”

UNIVERSITY OF OREGON CONSTITUTION (replaces ENABLING LEGISLATION of May 1995)

(May be altered only by the Faculty Assembly in accordance with ORS 352.010, ORS 352.004 and IMD 1.123)

UNIVERSITY OF OREGON MISSION STATEMENT

The University of Oregon is a comprehensive research university that serves its students and the people of Oregon, the nation, and the world through the creation and transfer of knowledge in the liberal arts, the natural and social sciences, and the professions. It is the Association of American Universities flagship institution of the Oregon University System.

The University is a community of scholars dedicated to the highest standards of academic inquiry, learning, and service. Recognizing that knowledge is the fundamental wealth of civilization, the university strives to enrich the public that sustains it through

• a commitment to undergraduate education, with a goal of helping the individual learn to question critically, think logically, communicate clearly, act creatively, and live ethically

• a commitment to graduate education to develop creators and innovators who will generate new knowledge and shape experience for the benefit of humanity

• a recognition that research, both basic and applied, is essential to the intellectual health of the university, as well as to the enrichment of the lives of Oregonians, by energizing the state’s economic, cultural, and political structure

• the establishment of a framework for lifelong learning that leads to productive careers and to the enduring joy of inquiry

• the integration of teaching, research, and service as mutually enriching enterprises that together accomplish the university’s mission and support its spirit of community

• the acceptance of the challenge of an evolving social, political, and technological environment by welcoming and guiding change rather than reacting to it

• a dedication to the principles of equality of opportunity and freedom from unfair discrimination for all members of the university community and an acceptance of true diversity as an affirmation of individual identity within a welcoming community

• a commitment to international awareness and understanding, and to the development of a faculty and student body that are capable of participating effectively in a global society

• the conviction that freedom of thought and expression is the bedrock principle on which university activity is based

• the cultivation of an attitude toward citizenship that fosters a caring, supportive atmosphere on campus and the wise exercise of civic responsibilities and individual judgment throughout life

• a continuing commitment to affordable public higher education

THE UNIVERSITY SENATE: THE GOVERNING BODY OF THE UNIVERSITY OF OREGON

Section 1 Scope of authority of the University Senate.

• Effective (date), the Faculty as defined in ORS 352.010 delegates to the University Senate (here-in-after referred to as Senate) full legislative power with respect to the day-to-day operations of the University. The Faculty reserves to itself the authority to override decisions of the Senate by a vote of the majority of Faculty members present at a proper Faculty Assembly meeting (Oregon State Attorney General OP-6735, 2008; and see Article 6 below).

• The Senate shall recognize the responsibilities and limitations of faculty governance prescribed by the State Legislature and the State Board of Higher Education as indicated above.

• The Faculty charges the Senate to recommend to the Faculty any changes in the University Constitution it deems necessary, and to call a Faculty Assembly meeting, in accordance with Article 6 below, to address the issue(s).

Section 2 Senate membership.

2.1 The Senate shall consist of fifty-one senate seats distributed among officers of instruction, librarians, officers of administration, classified staff and students, as follows:  

37 Officers of Instruction

2 Librarians

3 Officers of Administration

5 Students

3 Classified Staff

1 President of the Senate

2.2 The thirty-seven (37) officer-of-instruction senators shall represent specific constituencies, as follows:

College of Arts and Sciences (21):

7 Humanities

7 Natural Sciences

7 Social Sciences

Professional Schools and Colleges (16):

5 Architecture and Allied Arts

3 Business

2 Education

2 Journalism and Communication

2 Law

2 Music

37 Total  

The division in the College of Arts and Sciences shall be:

Natural Sciences: Biology, Chemistry, Computer and Information Science, Exercise and Movement Science, Geological Sciences, Mathematics, Physics, Psychology.

Social Sciences: Anthropology, Economics, Geography, History, International Studies, Political Science, Sociology, Women's Studies.

Humanities: Classics, Comparative Literature, Creative Writing, East Asian Languages and Literature, English, Germanic Languages and Literature, Honors College, Linguistics, Philosophy, Religious Studies, Romance Languages, Russian, Theater Arts.

2.3 The number of officer-of-instruction senators representing the three divisions in the College of Arts and Sciences, as well as the number of officer-of-instruction senators representing each professional school or college, shall be based on the approximate proportion of tenure-related full-time-equivalent (FTE) appointments in the constituent unit relative to the total University of Oregon tenure-related FTE. Senate representatives shall be elected only by their constituent bodies.

2.4 If major changes occur in the distribution of officers of instruction--for example as the result of closure of a professional school or college--the Senate shall undertake reapportionment. In the absence of major changes in the distribution of officers of instruction, the Senate shall consider reapportionment every ten years starting 2006.

2.5 Terms of office for all officer-of-instruction, library, classified staff and officer-of-administration senators shall be two years, with approximately half of the senators' terms expiring each year.

2.6 The five (5) student members shall represent academic majors and consist of the academic senators as defined in the constitution of the Associated Students of the University of Oregon (ASUO). The five student members of the Senate shall be chosen by the ASUO academic student senators in a method designed by the latter. The same five shall serve as student senators for the academic year. Changes in the number of student senators can occur only as a result of Senate reapportionment. The number of student senators shall be independent of future changes in the ASUO constitution.

Section 3 Election Process

3.1 Elections shall take place each spring term to elect new senators.

3.2 In each school and college and in the University of Oregon Library System, an elected body shall nominate at least two more candidates than the required number of senators to be elected for that unit. Eligible candidates in each unit may nominate themselves, and eligible candidates may nominate other eligible candidates within their own units.

3.3 The secretary of the faculty shall arrange for the election to the Senate seats held by officers of administration and those held by classified staff. Nominating petitions shall be circulated to all members of each unit for either self-nomination or for nomination of another member. At least two more candidates than the required number of senators to be elected for this unit shall be nominated.

3.4 All nominations for nonstudent senators--as provided for in 3.2 and 3.3 --shall be sent to the secretary of the faculty, who shall conduct the elections. Officers of instruction, librarians, classified staff and officers of administration shall vote only for those candidates nominated from within their own units.

3.5 Election shall be by receiving the most votes within their units. If a tie vote results in the election of more senators than the number of available seats for a particular unit, a run-off election will be held.

3.6 The Secretary of the Faculty shall arrange the filling of vacancies by notifying the next eligible candidate, determined in descending order of the number of votes received in the most recent election for the represented unit. If no eligible candidate is available to fill the vacancy, the following procedure will be followed:

3.6.1 If the vacancy is for an Officer of Instruction Senator or for a Library System Senator, the Secretary of the Faculty shall ask the Dean's Advisory Committee or a similar elected body for the appropriate College, School, or Library System to appoint an eligible replacement senator from the constituency in question. If, following such a request, a suitable replacement is not appointed within 2 calendar weeks during which the University is in regular academic session, the Secretary of the Faculty shall appoint an eligible replacement Senator selected using a random process from the constituency in question.

3.6.2 If the vacancy is for an Officer of Administration Senator or for a Classified Staff Senator, the Secretary of the Faculty shall appoint an eligible replacement Senator selected using a random process from the constituency in question.

3.6.3 Appointments made by the Secretary of the Faculty using a random process pursuant to Sections 3.8.1 and 3.8.2 may be declined; however, if 5 such appointments are declined for a given position, the position will be declared vacant until the next election. Senators appointed under Sections 3.8.1 and 3.8.2 serve until the end of the academic year and are eligible to stand for election.

3.6.4 If the vacancy is for a Student Senator, the Secretary of the Faculty shall ask the President of the Student Senate for an appointment of an eligible replacement student Senator to fill the vacancy.

Section 4 Eligibility and Voting Criteria for Officers of Instruction, and Officers of Administration.

4.1 Each academic unit specified in Section 2 shall determine who is eligible for the purpose of voting for and nominating candidates to serve as officer-of-instruction senators, subject to the following limitations. All tenure-related officers of instruction holding the academic rank of instructor or higher, and employed at .50 FTE or greater, shall be eligible. No faculty person appointed at less than .50 FTE shall be eligible, nor shall any officer of administration who does not hold a tenure-related officer-of-instruction appointment in a school or college, nor shall courtesy, adjunct, or visiting faculty members, nor shall any student. Senior administrators, who are ineligible for membership on the Faculty Advisory Council, shall also be ineligible for election to the Senate. Effective in the 2008-09 academic year, all career non-tenure track faculty (NTTF) with appointments as officers of instruction shall be eligible to stand for election, to nominate, and to vote in elections to the Senate and University Committees, subject to the distribution and apportionment specified in Section 2. Career NTTF shall include those who, at the time of their nomination, have had a continuous 0.50 FTE appointment for a minimum of 3 years.

4.2 Officers of instruction who are appointed at .50 FTE in each of two units, as specified in section 2.2 shall declare in writing to their dean in which one of those two units they want to be eligible officer of instruction for the purpose of Senate nominations and elections. The Dean shall forward the lists of eligible officers of instruction to the Secretary of the Faculty, who shall distribute the list for each unit to all eligible officers of instruction in that unit. If the Secretary is notified in writing by any eligible officer-of-instruction that he or she does not want to stand for election, that person's name shall not appear on any ballot for election.

4.3 Officers of administration, excluding those specified in section 4.1, and holding appointments at .50 FTE or greater, are eligible to be nominated for, serve as, and vote for officer-of-administration senators.

4.4 Officers of administration who do not want to be nominated shall notify the Secretary of the Faculty in writing of their desire not to be nominated when the nomination forms are distributed by the secretary.

Section 5 Senate Rules and Procedures

5.1 The Senate shall adopt its own internal rules and procedures.

5.2 The election of Senate officers shall take place at the last meeting of the Senate each spring. The vice president shall be elected from among the officers-of-instruction who have served on the Senate anytime in the previous five years (inclusive of the academic year in which they are elected vice president) and will become president at the end of the following year by confirmation of the Senate.

5.3 The seat of any senator shall be considered vacant if the senator is absent two times in one term from regularly scheduled meetings of the Senate, unless the secretary has been notified in advance of the senator's illness or anticipated absence on university business.

Section 6 Faculty Assembly

6.1 The Faculty Assembly consists of the University President and the professors as defined above. The University President, as President of the Faculty, shall have the authority to preside over the Faculty Assembly.

6.2 The Faculty Assembly shall adopt its own internal rules and procedures. Meetings shall be open to the public.

6.3 All members of the Faculty, and all Emeriti, shall have the right to introduce legislation to the Senate and shall have the right to the floor on any matter under discussion in the Senate.

6.4 A Faculty Assembly may be convened by the University President, by an affirmative vote of the Senate or after a petition to so convene has been signed by 25% of the members of the Faculty.

6.4.1 Meetings of the Faculty Assembly shall be held at 3:30 PM, on a Wednesday, not less than ten nor more than 25 days from the time of a call for the meeting by the University President, or by the affirmative vote of the Senate or from the time of the submission of a valid petition as provided for in 6.4.5, except that no meeting shall be scheduled for exam week, between quarters or during the summer quarter. In such an event, the meeting would be scheduled for the second Wednesday of the subsequent quarter.

6.4.2 The Secretary of the Faculty shall send timely notification of the meeting to all members of the Faculty. The notification shall remind recipients that they are members of the Faculty and are expected to make any effort to attend the meeting. Further notification of the meeting shall include notices in the Daily Emerald and on the University Calendar, Senate, and Faculty Web sites. On the Monday immediately prior to the meeting, members shall be reminded to attend. The reminder shall include the text of this section (6.4.2).

6.4.3 An alphabetical list of Members of the Faculty with campus addresses (without phone numbers or e-mail addresses) shall be maintained and linked from the Assembly Web site. The list shall be headed by the criteria for membership as specified by ORS 352.010, and the list shall be updated annually, as early in the Fall Quarter as is feasible.

6.4.4 The Secretary of the Faculty shall maintain an annually updated list of Faculty Members with phone numbers and e-mail addresses. The list shall be used to e-mail the agenda for each Senate meeting to the Faculty, and to forward other communications, from the University President, the Secretary of the Faculty, or the Senate President, that are relevant to the business of the Faculty.

6.4.5 The University adopts the following procedures to enable the Faculty to carry out its governance responsibilities:

• (a) Prior to circulating a petition to convene the Faculty Assembly, Petitioners will submit the text of their petition, endorsed by at least 40 Members of the Faculty, to the Secretary of the Faculty who will forthwith give notification of the petition to members of the Faculty. The announcement shall include the text of the petition and a copy of 6.4.5 (b) below. A printed Faculty membership list with campus addresses, organized by departments, shall be made available to petitioners by the Secretary of the Faculty upon submission of a petition endorsed by at least 40 Faculty Members.

• (b) Deans, directors and department heads will adopt practices, appropriate for their administrative units, that promote the accessibility of their Faculty Members to petitioners.

• (c) In order for the petition to go into effect, petitioners must submit sufficient valid signatures to the Secretary within 100 days of the petition announcement.

6.5 When the Faculty Assembly meets to carry out its legislative responsibilities as required by ORS 352.010, a quorum of 150 Faculty Members must attend the meeting. A simple motion or resolution shall pass upon an affirmative vote by a majority of the members in attendance. A motion to change governance structure shall require a 2/3 vote of members in attendance.