Agenda Item FA 14-20

Submitted by the Executive Committee

University of North Florida Constitution (Final Draft 2014)

The Faculty Association voted unanimously to approve the attached revised UNF Constitution on Thursday, May 15, 2014.

05/15/14: Passed

05/22/15: Approved

1

University of North Florida Constitution

2  
3

Article I  

4

Preamble  

5  
6 We, the faculty, staff and students of the University of North Florida, establish this
7 compact to guide our participation in the governance of the University. We recognize
8 that the authority for decision within the University resides by law in the Office of the
9 University President and with the University Board of Trustees. Yet no institution of 
10 higher learning can achieve its mission in the absence of the direct participation of its
11 members in the decisions that affect their work. This Constitution recognizes and
12 protects the right of all members of the University community to participate at
13 appropriate levels in University decisions without fear of sanction.  Nothing contained in 
14 this document shall limit the legal authority of the President or the University Board of
15 Trustees nor limit the legal rights of other members of the University community.
16 Portions of this Constitution that conflict with the laws, rules, and regulations of
17 competent higher authority and applicable collective bargaining agreements are null and
18 void.
19  
20  
21  Article II
22

Rights and Responsibilities of the University Community1  

23  
24 Section 1.  General Obligations
25  
26 Members of the University community have an obligation to fulfill the responsibilities
27 incumbent upon all citizens, as well as the responsibilities of their particular roles within
28 the academic community. All members share the obligations to respect the fundamental 
29 rights of others as citizens, the rights of others based upon the nature of the educational
30 process, the rights of the institution, and the right of members to fair and equitable
31 procedures for determining when and upon whom penalties for violation of campus
32 regulations should be imposed.
33  
34 Section 2.  Rights and Responsibilities Arising from Citizenship
35  
36 As citizens, members of the University community enjoy the same basic rights and are
37 bound by the same responsibilities to respect the rights of others, as are all citizens.
38 These responsibilities include engaging in civil discourse and respectful behavior toward
39 all members of the university community in all avenues of communication.   Among the
40 basic rights are freedom of speech, freedom of press, freedom of peaceful assembly
41 and association, freedom of political beliefs, freedom from personal force and violence,
42 freedom from personal abuse,   freedom of religion, and any adverse action based
43 on a protectiveprotected class as defined by the University.  Freedom of press implies  
44 the right of freedom from censorship in campus newspapers and other media, and the
45 concomitant obligation to adhere to the canons of responsible journalism. It should be 
46 made clear in writings or broadcasts that editorial opinions are not necessarily those of
47 the institution. The campus is not a sanctuary from the general law. The University does
48 not stand in loco parentis for its members. Each member of the University community
49 has the right to organize his or her own personal life and behavior, so long as it does
50 not violate the law or agreements voluntarily entered into, and does not interfere with
51 the rights of others or the educational process.
52  
53 Admission to, employment by, and promotion within the University shall be in 
54 accordance with the provisions against discrimination in the general law. Members of
55 the University community have an obligation to recognize and respect the diversity
56 within the community.
57  
58 Section 3.  Rights and Responsibilities Arising from the Educational Process
59  
60 All members of the University community have other responsibilities and rights based
61 upon the nature of the educational process and the requirements of the search for truth
62 and its free presentation. These rights and responsibilities include:
63  
64 (a)      Obligations to respect the freedom to teach, to learn, and to conduct research
65            and publish findings in the spirit of free inquiry. Institutional censorship and
66            individual or group intolerance of the opinions of others are inconsistent with
67            this freedom.
68  
69 (b)       Freedom to teach and to learn implies that the teacher has the right to determine
70           the specific content of her/his course, within the established course definition,
71           and the responsibility not to depart significantly from her/his area of competence
72           or to divert significant time to material extraneous to the subject matter of her/his
73           course. Free inquiry implies that (except under conditions of national emergency)
74           no research, the results of which are kept secret, is to be conducted on the
75           campus.
76  
77 (c)      Obligation not to infringe upon the right of all members of the campus to pursue
78           normal academic and administrative activities, including freedom of movement.  
79  
80 (d)     Obligation not to infringe upon the right of all members of the campus to privacy
81           in offices, laboratories, and residence halls, and in the keeping of personal 
82           papers, confidential records, and effects, subject only to the general law and to
83           conditions voluntarily entered into. University records on its members should
84           contain only information which is reasonably related to the educational purposes
85           or safety of the campus.
86  
87 (e)      Obligation not to infringe upon the right of all members of the University
88           community to study unpopular and controversial views on intellectual and public 
89           issues.
90  
91 (f)       Right to identify oneself as a member of the University community and a
92           concurrent obligation not to speak or act on behalf of the institution without
93           authorization.
94  
95 (g)      Right to hold public meetings in which members participate; post notices; and
96           engage in peaceful, orderly demonstrations. Reasonable and impartially applied
97           rules, designed to reflect the educational purposes of the institution and to
98           protect the safety of the campus, shall be established regulating time, place, and
99           manner of such activities and allocating the use of facilities.
100  
101 (h)      Right to recourse if another member of the University community is negligent or
102           irresponsible in performance of her/his responsibilities, or if another member of
103           the University community represents the work of others as her/his own.
104  
105 (i)       Right to be heard and considered at appropriate levels of the decision-making
106           process about basic policy matters of direct concern.
107  
108 Members of the University community who have continuing association with the
109 institution and who have substantial authority and security have an especially strong
110 obligation to maintain an environment conducive to respect for the rights of others and
111 fulfillment of academic responsibilities.
112  
113 All members of the University community shall maintain the highest standards in
114 performance of their responsibilities.
115  
116 The University administration has a particular responsibility to protect the integrity of the
117 academic process from external and internal attacks; and to resist the political or
118 financial exploitation of the campus by any individual or group. 
119  
120  Section 4. Rights and Responsibilities of the Institution
121  
122 The institution, and any division or agency which exercises direct or delegated authority
123 for the institution, has rights and responsibilities of its own. The rights and
124 responsibilities of the institution include:
125  
126 (a)      Right and obligation to provide an open forum for members of the University
127           community to present and debate public issues.
128  
129 (b)      Right to prohibit individuals and groups who are not members of the University
130           community from using its name, its finances, and its physical and operating
131           facilities for commercial, political, or other activities.
132  
133 (c)     Right to prohibit members of the University community from using its name, its
134           finances, or its physical and operating facilities for commercial activities.
135  
136 (d)     Right and obligation to provide members of the University community the use of
137           meeting rooms under the rules of the campus, including use for meetings of 
138           political clubs.
139  
140 (e)     Right to prohibit use of its rooms by individual members or groups of members
141           on a regular or prolonged basis as free headquarters for political campaigns, and
142           to prohibit use of its name, its finances, and its office equipment and supplies for
143           any political purposes at any time.
144  
145 (f)      Right and obligation not to take a position, as an institution, in electoral politics or
146           on public issues, except on those issues which directly affect its autonomy, the
147           freedom of its members, its financial support, and its academic functions.
148  
149 (g)     Right and obligation to: protect the University community and visitors from
150           physical harm, threats of harm or abuse; protect University property from
151           damage and unauthorized use; and protect the University’s academic and 
152           administrative processes from interruption.
153  
154 (h)     Right to require that persons on the campus be willing to identify themselves by
155            name and address, and state what connection, if any, they have with the
156            campus.
157  
158 (i)       Right to set reasonable standards of conduct in order to safeguard the 
159           educational process and to provide for the safety of members of the University
160           community and the institution's property.
161  
162 (j)       Right to take action against members of the University community who strike
163           illegally against the University and the concomitant obligation to accept legally
164           conducted strikes without recourse to sanctions.
165  
166

Section 5.  Right to Fair and Equitable Procedures

167  
168 All members of the University community have a right to fair and equitable procedures
169 which shall determine the validity of charges of incompetence, misconduct, and
170 violations of campus regulations. The procedures shall be structured so as to facilitate a 
171 reliable determination of the truth or falsity of charges, to provide fundamental fairness
172 to the parties, and to be an effective instrument for maintenance of order. All members
173 of the University community have a right to know in advance the full range of penalties
174 for violations of campus regulations. Definitions of just cause for separation from the
175 University community shall be clearly formulated and made public.
176  
177 Charges of minor infractions of regulations, penalized by oral warnings which do not
178 become part of permanent records, may be handled expeditiously by the appropriate
179 individual or committee. Persons so penalized have the right to appeal. In the case of
180 charges of infractions of regulations which may lead to notation in permanent records or 
181 to more serious penalties, such as suspension or expulsion, members of the University
182 community have a right to formal procedures with due process, including the right to
183 appeal.
184  
185 Members of the University community charged with or convicted of violations under
186 general law may be subject to campus sanctions for the same conduct, in accordance
187 with campus policies and procedures, when the conduct is in violation of a campus rule
188 essential to the continuing protection of other members of the University community or
189 for the safeguarding of the educational process.
190  
191

Article III

192 Constituent Associations
193 Section 1.  Preamble
194  
195 The system of university governance shall be a collegial one which includes all
196 University associations and is marked by shared authority among its constituents. The
197 shared system of academic governance shall provide for a variety of academic 
198 organizational structures and shall permit a range of collegial leadership mechanisms.
199 The collegial relationship is most effective when peers work critically together to carry
200 out their duties in the most professional manner possible. It is the right and
201 responsibility of every member of the University community to participate in the shared
202 system of collegial governance and the obligation of the University community to
203 recognize their contributions.
204  
205 Section 2.  Constituent Associations: Definition and Scope
206  
207 The responsibility of reviewing and recommending policies and practices to the
208 President of the University shall be vested in self-governing Constituent Associations.
209 There shall be four Associations: (a) the University Support Personnel Association, (b)
210 the Faculty Association, (c) the Student Government and (d) the Administrative and
211 Professional Association. Each Association shall have exclusive jurisdiction over
212 specific enumerated concerns. No Association shall delegate the concerns enumerated 
213 in this Constitution to any external person, committee, Association, or other body.
214  
215 Each Association shall practice direct rule, unless two-thirds of its members voting 
216 choose a form of representative rule. Associations that adopt representative rule shall
217 apportion representatives among the chosen constituent units on the basis of
218 population. Each Association shall be governed in accordance with its bylaws.
219  
220 Each Association shall provide for the election of a President, Vice President and any
221 other officers deemed necessary from among its members. Terms of officers shall be
222 determined by each Association. Officers shall perform such duties as each Association
223 designates in its bylaws. The bylaws of each Constituent Association shall provide for
224 the removal of elected officers, committee members, and delegates who fail to execute
225 faithfully the duties of their offices. Constituent Associations shall fill all vacancies
226 promptly through election or appointment in the affected body for the unexpired term of
227 the office or position. No person shall be a voting member of more than one
228 Association. Each Constituent Association shall be the judge of its own membership
229 when questions of eligibility arise.
230  
231 Matters concerning the internal administration and operation of each Constituent
232 Association shall be stipulated in the bylaws of each, e.g., motions, resolutions,
233 legislative calendars, agendas, meetings, special and standing committees, and the use
234 of proxy votes.
235  
236 Section 3.  University Support Personnel Association
237  
238 The University Support Personnel Association shall be concerned with any activities
239 that affect its members as specified in State and Federal laws, rules and regulations,
240 and policies of the University Board of Trustees, Board of Governors, and the
241 University.
242  
243 Decisions reached by the University Support Personnel Association regarding these
244 matters shall be forwarded to the Vice President for Administration and Finance, who
245 shall transmit them with recommendations to the President of the University within 10
246 working days of receipt. When approved by the President of the University, the
247 decisions shall become the policies, practices, and regulations of the University.
248  
249 All persons who have achieved permanent status in the University Support Personnel
250 System shall be members of the Association.
251  
252 Section 4. Faculty Association
253  
254 Collegial governance provides faculty with mechanisms and procedures, independent of
255 the collective bargaining process, for the development and implementation of
256 recommendations in areas of traditional faculty concern. Within the shared system of
257 academic governance, the Faculty Association shall be concerned with faculty
258 appointment, retention, promotion, and development; academic programs, organization,
259 and standards; academic services and continuing education; and such other matters as
260 may pertain directly to the University instruction, service, and research programs.
261  
262 Decisions reached by the Faculty Association regarding its concerns shall be forwarded
263 to the Vice President for Academic Affairs, who shall act on them where authority to do
264 so has been delegated by the President and otherwise shall transmit them to the
265 President of the University for action. The Vice President for Academic Affairs is to
266 process items so transmitted from the Faculty Association within 10 working days of 
267 receipt from the Association. When approved by the President of the University, the
268 decisions shall become the policies, practices, and regulations of the University.
269  
270   Members of the Faculty Association shall include (a) faculty, with the exception of  
271 adjunct faculty , who hold the ranks of professor, associate professor, assistant 
272 professor, instructor, lecturer; and all visiting faculty; (b) all assistant, associate, and full
273 ibrarians; and (c) all academic administrators who hold faculty rank. While they are not 
274 part of the Faculty Association, adjunct faculty are an important part of the instructional
275   faculty at UNF and have the rights and responsibilities of a UNF citizen.  With the 
276 consent of the Association, the President of the University may appoint any other 
277 member of the University community to non-voting, ex officio membership in the Faculty
278 Association.
279  
280 Section 5:  Student Government
281  
282 The Student Government shall be concerned with the allocation of the Activity and
283 Service fee, and shall review the allocation of the Athletic and Health fees. The
284 President of the University shall consult with and seek the consent of the Student
285 Government President for the allocation and expenditure of the Capital Improvement
286 Trust Fund (CITF) fee, and any other non-instructional fees beyond matriculation. The
287 Student Government shall also be concerned with the evaluation and establishment of
288 student programs; student activities, clubs and organizations, publications, and
289 services; student morale, welfare and conduct; student compensation, fringe benefits,
290 and working conditions, student financial aid, health, and child care services; student
291 recognition and awards; athletics; and such other activities as may pertain directly to
292 students.
293  
294 Decisions reached by the Student Government regarding these matters shall be
295 forwarded to the Vice President for Student and International Affairs, who shall transmit 
296 them with recommendations to the President of the University within 10 working days of 
297 receipt. Upon approval of the President of the University, these decisions shall become
298 the policies, practices, and regulations of the University.
299 The membership of the student body as represented by the Student Government shall
300 consist of all full- and part-time students currently registered and paying the Activity and
301 Service fee to the University.
302  
303 Section 6. Administrative and Professional Association
304  
305 The Administrative and Professional Association shall be concerned with any activities
306 that affect its members as specified in State and Federal laws, rules, and regulations,
307 and policies of the University Board of Trustees, Board of Governors, and the
308 University.
309 Decisions reached by the Administrative and Professional Association regarding these
310 matters shall be forwarded to the Vice President for Administration and Finance, who
311 shall transmit them with recommendations to the President of the University within 10 
312 working days of receipt. When approved by the President of the University, the
313 decisions shall become the policies, practices, and regulations of the University.
314 All persons holding Administrative and Professional appointments shall be members of
315 the Administrative and Professional Association.
316  
317  
318
Article IV  
319

Administration of the University

320  
321

Section 1.  The President

322  
323 The President shall be the chief executive officer of the University and shall be
324 responsible for the entire administration and supervision of the University, subject to the
325 Florida Statutes. The President shall lead in fostering and promoting education,
326 research, and service as the primary aims of the University. The President shall enforce 
327 the rules and regulations of the Florida Board of Education, Board of Governors, and
328 the University Board of Trustees and shall interpret the proposals and actions of the
329 University to those Boards. The specific powers and duties of the President are 
330 designated in the Florida Statutes and the Florida Administrative Code. All actions of the
331 Constituent Associations relating to general University policy shall be submitted to the
332 President for approval. The President shall express approval or disapproval within 10
333 working days, or as soon thereafter as is possible, by means of a written executive
334 order to be filed with the presiding officer of the affected Constituent Association. If the
335 President disapproves, the executive order shall contain a statement as to the basis for
336 disapproval. The President, or a designee of the President, shall communicate the
337 reasons for any delay beyond 10 working days to the presiding officer of the affected 
338 Constituent Association prior to the expiration of the ten-day period. The process by
339 which the President of the University approves the actions of the Constituent
340 Associations shall conform to the relevant collective bargaining agreements in force at 
341 the time such actions are considered.
342  
343 The President shall be an ex-officio member of all Associations, College faculties, and
344 University councils and committees. As a general rule, all committees addressing the
345 business of the University should be elected by the appropriate constituencies. The
346 President may, in consultation with the appropriate Constituent Associations, appoint
347 such ad hoc committees and other groups as are deemed necessary to aid in the
348 performance of the duties of the President. Any delegable authority or duty of the
349 President may be delegated by the President via written decree to any member of the
350 faculty or staff of the University, or to a Constituent Association.
351  
352 The President shall annually in writing provide to senior administrative personnel of the
353 University and to the Constituent Associations the name of the individual or position title
354 of the person who shall assume temporary leadership, in case of the absence of the 
355 University President due to any cause, including death and incapacitating illness. This
356 person shall serve in the position of the President until action is taken by the University
357 Board of Trustees.
358  
359 Section 2.  The Vice President for Academic Affairs
360  
361 The Vice President for Academic Affairs shall be a non-voting ex-officio member of all
362 College faculties and University councils and committees concerned with academic
363 matters, except as provided herein.
364  
365 The Vice President for Academic Affairs shall be appointed by the President, with the
366 advice of the Constituent Associations, and shall continue in the position at the pleasure
367 of the President. Each year, the faculty shall evaluate the Vice President for Academic
368 Affairs' performance as an administrative and academic leader and shall provide the 
369 results of the evaluation to the University President. All academic administrators, library
370 faculty, and the regular University faculty will be provided an opportunity to participate in
371 this evaluation.
372  
373 When a vacancy occurs in the Vice President for Academic Affairs' position, the
374 University President shall announce the vacancy and the qualifications for a successor.
375 The President shall form a search committee: up to 9 members to be elected by the 
376 Faculty Association, and up to 2 members each to be added by the USPS, Student
377 Government, and A&P Associations. The President may appoint additional members,
378 so long as the elected faculty remain in the majority. The committee shall present a list 
379 of qualified candidates, from which the President shall appoint a Vice President for 
380 Academic Affairs or announce that the position remains vacant, in which case the 
381 process of filling the vacancy shall begin anew.
382  
383 Section 3.  Other Administrators
384  
385 The President may appoint other administrators pursuant to University hiring policies.
386 These administrators shall have such powers and exercise such duties as the President 
387 may designate.
388  
389  
390

Article V

391

Collegial Governance, Administration, and Organization of Academic Units

392  
393

Section 1. Preamble

394  
395 Faculty shall play an active and responsible role in the collegial governance of the
396 academic units to which they are assigned. The work of the faculty of academic units
397 shall include, but need not be limited to, development, presentation, and evaluation of
398 curricula and academic programs; requirements for admission and graduation of
399 students; academic freedom and responsibility; affirmative action and nondiscrimination;
400 assignment and evaluation of teaching, research and service; leaves and sabbaticals; 
401 recruitment, evaluation, retention, tenure and promotion of faculty; recruitment,
402 evaluation and recommendation on retention of academic administrators; assignment of 
403 courses and the development of course schedules: development of criteria for awarding 
404 merit pay and procedures for equitable allocation of Summer supplemental 
405 assignments; selection of instructional and library materials; preparation of budget 
406 requests and implementation of budget priorities; symbolic recognition of the 
407 achievements of faculty and students; fund raising; and other matters of professional
408 concern.
409  
410 Section 2. Organization and Administration of Academic Units
411  
412 Academic units through which faculty carry out their work may include, but need not be
413 limited to, departments and colleges. Governance mechanisms may include, but need 
414 not be limited to, directly democratic committees of the whole and/or assemblies.
415 Administrative mechanisms may include, but need not be limited to, appointed and/or
416 elected chairs and deans. Academic administrators must be members of the faculty with
417 an assignment in a primary academic unit.
418  
419 The particular governance mechanisms employed by an academic unit, the terms of
420 office of academic administrators, and the manner in which academic administrators are
421 selected and removed shall be determined through consultations between the
422 appropriate faculty and the President or the President's designee and shall be set forth
423 in the unit's  bylaws bylaws/operating procedures , subject to the limitations prescribed
424 below. Prior to the final approval by the President, the unit's  bylaws bylaws/operating
425 procedures shall be adopted by the faculty of the academic unit and reviewed by any
426 higher-level academic unit and the Faculty Association. Upon approval, each academic
427 unit's   bylaws bylaws/operating procedures  shall be filed with the Secretary of the Faculty
428 Association for inclusion in the Academic Policy Manual.
429  
430 Except for reasons reported to the appropriate faculty and the Faculty Association, 
431 academic administrators shall be selected to lead the primary academic unit to which
432 they have been assigned or one of higher level. Academic administrators shall serve at 
433 the pleasure of the President or designee, for limited terms as specified in unit 
434   bylaws bylaws/operating procedures , and shall be subject to an annual qualitative
435 evaluation by appropriate faculty peers.
436  
437 The Faculty Association shall adopt such general standards of governance of academic 
438 units as may be necessary to guide Department and College faculty. These standards
439 shall include such matters as conflicts of interest and collegial ethics. To assure
440 responsiveness to new developments in the art and science of collegial governance and
441 administration, each academic unit shall review the appropriateness of its organizational
442 form and administrative mechanism every five years, beginning with the academic year
443 following the adoption of this Constitution.
444  
445 Section 3.  Departments
446  
447 The Department shall be the fundamental unit for delivering the instruction, research,
448 and service programs of the University. Primary academic units which may be
449 designated with nomenclature other than that of Department shall also be regarded as
450 Departments for the purposes of this Constitution (e.g., divisions, schools). Any person,
451 with the exception of adjunct and visiting faculty, who has been assigned to a 
452 Department and holds the rank of Professor, Associate Professor, Assistant Professor,
453 Instructor, or Lecturer shall be a member of the Department faculty, with the right to 
454 participate in the governance and administration of the Department as defined by
455 Department bylaws Department bylaws/operating procedures .
456  
457 The work of Departments shall be performed by individual faculty, Department
458 committees, and Department Chairs. The work of a Department to deliver its programs
459 and accomplish its mission shall be set forth in Department bylawsDepartment
460 bylaws/operating procedures . Department faculty shall establish such committees as
461 may be necessary to carry on the work of the Department. It shall be the responsibility
462 of the Department faculty to share as many of the activities identified by the  bylaws 
463 Department bylaws/operating procedures  as possible.
464  
465 Department Chairs shall administer and coordinate the activities of Department faculty
466 and committees, present the views of the Department to higher-level academic
467 administrators, present the views of higher-level academic administrators to the
468 Department faculty, and perform any and all duties required by University Board of
469 Trustees, Board of Governors, Florida Statutes, University rules, and the appropriate
470 collective bargaining agreements. Department Chairs shall be appointed to 12-month
471 contracts, shall serve at the pleasure of the President or designee, and shall receive 
472 release from a fraction of their teaching assignments appropriate to their administrative
473 responsibilities. Department Chairs shall have an understanding of applicable collective
474 bargaining agreements.
475  
476 When a vacancy occurs in the office of a Department Chair, a successor shall be
477 selected in accord with Department bylawsDepartment bylaws/operating procedures
478 from a list of candidates approved by the faculty of the Department. At the end of the
479 Department Chair's term, if retention is an option, the Department faculty shall vote by
480 anonymous ballot on the question of retaining the Department Chair. In that case, the
481 next higher-level academic administrator shall receive the vote and report to the 
482 Department faculty the result. In the event the result is negative, the next-higher-level
483 academic administrator will meet with the Department faculty and explain any action 
484 other than replacement of the Department Chair. Nothing in this paragraph shall limit
485 the authority of the faculty of the Department or the next-higher-level academic
486 administrator to conduct an anonymous retention vote by the Department faculty prior to 
487 the end of the Department Chair's term.
488  
489 Section 4. Colleges
490  
491 Colleges are comprised of departments with similar or associated missions combined
492 for the purposes of effective governance and administration. Each College faculty shall 
493 govern the academic affairs of its College subject to the approval of the Faculty 
494 Association, the President or designee. Colleges shall be the basic degree-granting
495 units of the University. Among its responsibilities, the College faculty shall determine the
496 arrangement and content of the curriculum; establish requirements for graduation and
497 the degrees to be conferred; and recommend to the President the granting of degrees
498 to those students who have completed specified requirements.
499  
500 Other higher-level academic units comprised of primary academic units which may be 
501 designated with nomenclature other than that of College shall also be regarded as
502 Colleges for the purposes of this Constitution. Any person who is a faculty member of a 
503 Department shall be a member of the faculty of the College in which the faculty 
504 member's Department is located. Members of the College faculty shall have the right to
505 participate in the governance and administration of the College and the selection of 
506 College Deans.
507  
508 The work of Colleges shall be performed by individual faculty, College committees, and
509 College Deans. The work of a College to accomplish its mission shall be set forth in the
510 College bylaws. College faculties shall establish such committees as may be necessary 
511 to carry on the work of the College. It shall be the responsibility of the College Faculty to
512 share as many of the activities identified in the College bylaws as possible.
513  
514 College Deans shall administer and coordinate the activities of Departments,
515 Department Chairs, College faculty and committees; present the views of the 
516 Department and College faculty to higher-level academic administrators; present the 
517 views of higher-level academic administrators to College and Department faculty; and
518 perform any and all duties required by, University Board of Trustees, Board of
519 Governors, Florida Statutes University rules, and the appropriate collective bargaining
520 agreements. College Deans shall be appointed to 12-month contracts, shall serve at the 
521 pleasure of the President or designee, and shall receive release from a fraction of their
522 teaching duties appropriate to their administrative responsibilities. College Deans shall
523 have an understanding of applicable collective bargaining agreements.
524  
525 When a vacancy occurs in the office of a College Dean, a successor shall be selected in
526 accord with College bylaws from a list of candidates approved by the faculty of the
527 College. At the end of the College Dean's term, if retention is an option, the College
528 faculty shall individually vote by anonymous ballot on the question of retaining the 
529 College Dean. In that case, the Vice President for Academic Affairs shall receive the
530 vote and report the result to the College faculty. In the event the result is negative, the
531 Vice President for Academic Affairs will meet with the College faculty and explain any
532 action other than replacement of the College Dean. Nothing in this paragraph shall limit 
533 the authority of the faculty of the College or the Vice President for Academic Affairs to
534 conduct an anonymous retention vote by the College faculty prior to the end of the
535 College Dean's term.
536  
537 Section 5. Creation, Transfer and Abolition of Academic Units
538  
539 Academic units may be established, altered, and/or transferred from one college to
540 another, or abolished by the University Board of Trustees. The normal procedures prior
541 to such action by the Board shall include a recommendation by the President, who shall
542 solicit the advice of members of the respective faculty and administrators, and the
543 Faculty Association.
544  
545 Section 6. Budgetary Process
546  
547 In accordance with the  bylaws department bylaws/operating procedures of each 
548 academic unit, at such time as the unit's base budget for the year is established, the
549 academic administrator for the unit shall review with the respective faculty both the base
550 budget and any projected adjustments to take place during the year. By the end of the
551 academic year, each academic unit shall establish a proposed budget for the ensuing
552 year. Proposed budgets must exhibit the current-year budget, expenditures to date and
553 projected adjustments, and prioritized new budgetary additions. The proposed budgets
554 of academic units shall serve as a basis for the proposed budgets of higher-level
555 academic units. It shall be the responsibility of the respective academic administrator to
556 present the unit's proposed budget at higher levels and to report to the faculty the
557 disposition of the unit's proposed budget.
558  
559  
560

Article VI

561

University Standing Committees

562  
563 Section 1.  University Standing Committees: Definition and Scope
564  
565 University Standing Committees shall be any university-wide committees which do not
566 fall within the jurisdiction of any of the Constituent Associations. University Standing
567 Committees shall meet some permanent and ongoing need of the University. If the need
568 arises for a new standing committee, the President of the University or her/his designee 
569 shall approach the Presidents of the appropriate Associations to discuss membership
570 selection procedures for the new committee. Every five years the President of the
571 University shall appoint an ad hoc task force to review existing standing committees and
572 to make recommendations concerning which committees should continue to operate
573 and which should be abolished. The task force shall also make recommendations
574 concerning any changes necessary in the committee membership selection process.
575  
576 University Standing Committees shall include, but not be limited to, the Constitution
577 Jurisdiction Committee and other committees that may be required by law, and such
578 other committees as the President of the University may deem necessary or desirable.
579 The President shall create and maintain a file containing the charge to and the 
580 membership structure of each standing committee. A copy of this file shall be available
581 to the University community in the reference section of the Library and in a generally
582 accessible electronic format.
583  
584 Section 2.  The Constitution Jurisdiction Committee
585  
586 The Constitution Jurisdiction Committee shall hear and make recommendations to the
587 President of the University regarding the resolution of conflicts where jurisdiction among 
588 the Constituent Associations is questioned. It shall also make recommendations when
589 requested by the President of the University and/or the Presidents of any of the 
590 Constituent Associations on matters of Constitutional interpretation. The Committee
591 may assist the President of the University in determining the appropriate Associations
592 and/or procedures to deal with issues. The Constitution Jurisdiction Committee shall
593 consist of thirteen members: a chairperson appointed by the President of the University,
594 the President of each Constituent Association or her/his designee and two members of
595 each association selected in accordance with the bylaws of each.
596  
597  
598

Article VII  

599

Amendments

600  
601 A simple majority of any Constituent Association may recommend constitutional
602 amendments to the President of the University. Such recommendations may be made
603 through a vote of Association members or a petition bearing the signatures of members.
604 Proposed amendments shall be reviewed by each Association and returned to the 
605 President of the University with recommendations. The President of the University may 
606 reject, modify or adopt recommended amendments. If the President of the University
607 modifies or rejects an amendment submitted by the members of an Association, she/he
608 shall report the reasons for her/his action to the University community as soon as
609 practicable. The process by which the President of the University approves
610 constitutional amendments shall conform to collective bargaining agreements in force at
611 the time such amendments are considered.
612  
613  
614

Article VIII

615 Implementation
616  
617 Prior to expiration of this Constitution, a Constitutional Convention shall be convened to
618 determine if revisions are necessary, and to recommend any such revisions, and/or
619 recommend the continuation of this Constitution. At the beginning of the academic year
620 prior to expiration of this Constitution the President of the University shall meet with the
621 Presidents of the Constituent Associations to establish the composition of the
622 Convention. The Convention shall include the President of each of the Constituent
623 Associations and three other delegates selected in accordance with Constituent
624 Association bylaws. Each Constituent Association may select two alternate delegates
625 with voting privileges; however, only four of the six may vote at any one meeting of the 
626 Convention. The General Counsel of the University will be an ex-officio, non-voting 
627 member of the Convention. The President of the University will select a member of the
628 University Community to act as President of the Convention. Each Constituent
629 Association identified in Article III shall approve or disapprove this constitution and
630 communicate the results to the President of the University within two months of the
631 receipt of the document from the Constitutional Convention. This Constitution shall take
632 effect when approved by the President of the University and shall expire ten years from
633 that date*. The process by which the President of the University approves this
634 Constitution shall conform to collective bargaining agreements in force at the time the
635 document is considered.
636  
637

*April, 2004

638  

 

1 This Article is drierivedderived from the Model Bill of Rights and Responsibilities as developed by the Carnegie Commission on Higher Education