Approved by President John A. Delaney May 22, 2014.
As citizens, members of the University community enjoy the same basic rights and are bound by the same responsibilities to respect the rights of others, as are all citizens. These responsibilities include engaging in civil discourse and respectful behavior toward all members of the university community in all avenues of communication. Among the basic rights are freedom of speech, freedom of press, freedom of peaceful assembly and association, freedom of political beliefs, freedom from personal force and violence, freedom from personal abuse, freedom of religion, and any adverse action based on a protected class as defined by the University . Freedom of press implies the right of freedom from censorship in campus newspapers and other media, and the concomitant obligation to adhere to the canons of responsible journalism. It should be made clear in writings or broadcasts that editorial opinions are not necessarily those of the institution. The campus is not a sanctuary from the general law. The University does not stand in loco parentis for its members. Each member of the University community has the right to organize his or her own personal life and behavior, so long as it does not violate the law or agreements voluntarily entered into, and does not interfere with the rights of others or the educational process.
All members of the University community have other responsibilities and rights based upon the nature of the educational process and the requirements of the search for truth and its free presentation. These rights and responsibilities include:
The institution, and any division or agency which exercises direct or delegated authority for the institution, has rights and responsibilities of its own. The rights and responsibilities of the institution include:
All members of the University community have a right to fair and equitable procedures which shall determine the validity of charges of incompetence, misconduct, and violations of campus regulations. The procedures shall be structured so as to facilitate a reliable determination of the truth or falsity of charges, to provide fundamental fairness to the parties, and to be an effective instrument for maintenance of order. All members of the University community have a right to know in advance the full range of penalties for violations of campus regulations. Definitions of just cause for separation from the University community shall be clearly formulated and made public.
The responsibility of reviewing and recommending policies and practices to the President of the University shall be vested in self-governing Constituent Associations. There shall be four Associations: (a) the University Support Personnel Association, (b) the Faculty Association, (c) the Student Government and (d) the Administrative and Professional Association. Each Association shall have exclusive jurisdiction over specific enumerated concerns. No Association shall delegate the concerns enumerated in this Constitution to any external person, committee, Association, or other body.
The University Support Personnel Association shall be concerned with any activities that affect its members as specified in State and Federal laws, rules and regulations, and policies of the University Board of Trustees, Board of Governors, and the University.
Collegial governance provides faculty with mechanisms and procedures, independent of the collective bargaining process, for the development and implementation of recommendations in areas of traditional faculty concern. Within the shared system of academic governance, the Faculty Association shall be concerned with faculty appointment, retention, promotion, and development; academic programs, organization, and standards; academic services and continuing education; and such other matters as may pertain directly to the University instruction, service, and research programs.
The Student Government shall be concerned with the allocation of the Activity and Service fee, and shall review the allocation of the Athletic and Health fees. The President of the University shall consult with and seek the consent of the Student Government President for the allocation and expenditure of the Capital Improvement Trust Fund (CITF) fee, and any other non-instructional fees beyond matriculation. The Student Government shall also be concerned with the evaluation and establishment of student programs; student activities, clubs and organizations, publications, and services; student morale, welfare and conduct; student compensation, fringe benefits, and working conditions, student financial aid, health, and child care services; student recognition and awards; athletics; and such other activities as may pertain directly to students.
The Administrative and Professional Association shall be concerned with any activities that affect its members as specified in State and Federal laws, rules, and regulations, and policies of the University Board of Trustees, Board of Governors, and the University.
The President shall be the chief executive officer of the University and shall be responsible for the entire administration and supervision of the University, subject to the Florida Statutes. The President shall lead in fostering and promoting education, research, and service as the primary aims of the University. The President shall enforce the rules and regulations of the Florida Board of Education, Board of Governors, and the University Board of Trustees and shall interpret the proposals and actions of the University to those Boards. The specific powers and duties of the President are designated in the Florida Statutes and the Florida Administrative Code. All actions of the Constituent Associations relating to general University policy shall be submitted to the President for approval. The President shall express approval or disapproval within 10 working days, or as soon thereafter as is possible, by means of a written executive order to be filed with the presiding officer of the affected Constituent Association. If the President disapproves, the executive order shall contain a statement as to the basis for disapproval. The President, or a designee of the President, shall communicate the reasons for any delay beyond 10 working days to the presiding officer of the affected Constituent Association prior to the expiration of the ten-day period. The process by which the President of the University approves the actions of the Constituent Associations shall conform to the relevant collective bargaining agreements in force at the time such actions are considered.
The Vice President for Academic Affairs shall be a non-voting ex-officio member of all College faculties and University councils and committees concerned with academic matters, except as provided herein.
The President may appoint other administrators pursuant to University hiring policies. These administrators shall have such powers and exercise such duties as the President may designate.
Academic units through which faculty carry out their work may include, but need not be limited to, departments and colleges. Governance mechanisms may include, but need not be limited to, directly democratic committees of the whole and/or assemblies. Administrative mechanisms may include, but need not be limited to, appointed and/or elected chairs and deans. Academic administrators must be members of the faculty with an assignment in a primary academic unit.
The Department shall be the fundamental unit for delivering the instruction, research, and service programs of the University. Primary academic units which may be designated with nomenclature other than that of Department shall also be regarded as Departments for the purposes of this Constitution (e.g., divisions, schools). Any person, with the exception of adjunct and visiting faculty, who has been assigned to a Department and holds the rank of Professor, Associate Professor, Assistant Professor, Instructor, or Lecturer shall be a member of the Department faculty, with the right to participate in the governance and administration of the Department as defined by Department bylaws/operating procedures.
Colleges are comprised of departments with similar or associated missions combined for the purposes of effective governance and administration. Each College faculty shall govern the academic affairs of its College subject to the approval of the Faculty Association, the President or designee. Colleges shall be the basic degree-granting units of the University. Among its responsibilities, the College faculty shall determine the arrangement and content of the curriculum; establish requirements for graduation and the degrees to be conferred; and recommend to the President the granting of degrees to those students who have completed specified requirements.
University Standing Committees shall be any university-wide committees which do not fall within the jurisdiction of any of the Constituent Associations. University Standing Committees shall meet some permanent and ongoing need of the University. If the need arises for a new standing committee, the President of the University or her/his designee shall approach the Presidents of the appropriate Associations to discuss membership selection procedures for the new committee. Every five years the President of the University shall appoint an ad hoc task force to review existing standing committees and to make recommendations concerning which committees should continue to operate and which should be abolished. The task force shall also make recommendations concerning any changes necessary in the committee membership selection process.
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