Faculty Senate Constitution

Indiana University Kokomo
April 22, 1985

Contents

Preamble

Subject to the approval of the Board of Trustees of Indiana University by the virtue of the authority granted them by the Acts of the Indiana General Assembly, we the faculty of Indiana University Kokomo, in order to serve more effectively the students and administration of Indiana University Kokomo do hereby organize the Faculty Senate and adopt the following document.


ARTICLE 1 Faculty Status and Rights

ARTICLE 1 Section 1 : The Faculty
  1. All persons on the campus of Indiana University Kokomo who are full-time instructional, research, or administrative appointees holding Indiana University appointments to the rank of Lecturer or above are hereinafter referred to collectively as "the faculty" and individually as ``faculty members."
  2. Librarians appointed by Indiana University to this campus shall be faculty members of the Faculty Senate and shall be accorded the same privileges as the faculty.
  3. All persons on the campus of Indiana University Kokomo who are full-time instructional, research, or administrative appointees holding Purdue University appointments to the rank of Lecturer or above are hereinafter referred to collectively as "Purdue faculty" and individually as "Purdue faculty members."
  4. All persons on this campus who are part-time instructional, research, or administrative appointees holding academic appointments to the rank of Lecturer or above from either Indiana University or Purdue University are hereinafter referred to collectively as "adjunct faculty" and individual as "adjunct faculty members."
  5. Emeritus members of the faculty and faculty members on sabbatical or leave of absence shall have the same voting privileges as Purdue faculty members. The same rights shall apply to emeritus members of the Purdue faculty and to Purdue faculty members on leave of absence.
  6. The Chancellor shall certify to the secretary of the Faculty Senate the names of all academic appointments and their membership classification. The certification shall be made by September 1 each year, and thereafter as appointments occur.
ARTICLE 1 Section 2 : The Faculty Senate
  1. The faculty, Purdue faculty and adjunct faculty when sitting in formal assembly pursuant to these Articles shall collectively be known as the ``Faculty Senate."
  2. The Faculty Senate is hereby created by the vote of the faculty as confirmed in this constitutional document, and as authorized by the Trustees of Indiana University.
  3. All faculty members shall have the right to vote. Purdue faculty members shall have the right to vote on all issues before the Faculty Senate except for the election of officers and standing committees of the Faculty Senate. Adjunct faculty members may attend meetings of the Faculty and participate therein but shall not vote.
  4. The president of the Adjunct Faculty Council and the President of the Indiana University Kokomo Student Body shall have the same voting rights as members of the Purdue faculty.
ARTICLE 1 Section 3 : Adjunct Faculty Council

In early September of each year the Adjunct Faculty shall elect an Adjunct Faculty Council composed of five (5) members. The Council shall elect a President and a Secretary. The Vice Chancellor for Academic Affairs shall organize and supervise the elections and inform the President of the Faculty Senate on the outcome of the elections. The Council shall discuss issues of concern to Adjunct Faculty and make recommendations to the Faculty Senate or to the Administration as appropriate. The President of the Council shall attend the Faculty Senate meetings as a voting member, place items of concern to adjunct faculty with the Faculty Agenda Committee, and present those items to the Faculty Senate for discussion and action.

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ARTICLE 2 Powers

ARTICLE 2 Section 1 : Legislative Authority
  1. Legislative authority means the power to establish policies and to determine procedures for their implementation subject to the Board of Trustees, the laws of the State, and the University Faculty Council.
  2. As specified in the All-University Faculty Constitution, the faculty has legislative authority in the following areas:
    1. Standards of admission and retention of students.
    2. Determination of curriculum.
    3. Class scheduling and University calendar.
    4. Determination of faculty status.
    5. Standards and procedures for faculty appointments.
    6. Standards and procedures concerning faculty promotion and tenure.
    7. Standards and procedures for faculty conduct and discipline.
    8. Standards and procedures for the appointment of academic administrative officials.
    9. Standards and procedures concerning athletics.
    10. Standards and procedures concerning student conduct and discipline.
    11. The conferring of degrees.
    12. Such other authority as may be subsequently delegated by the Trustees.
    13. Other educational policies of the University.
ARTICLE 2 Section 2 : Consultation of the Faculty
  1. University administrative officials should consult with the faculty concerning:
    1. Decisions regarding the University's existing or prospective physical resources.
    2. Allocations of the University's resources among competing demands (i.e., budgeting).
  2. This consultation may take a variety of forms, chief among which should be consultation with elected faculty representatives in the Faculty Senate and with the faculty in any affected division.
  3. University administrative officials should keep the faculty adequately informed in an appropriate manner concerning all policies.

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ARTICLE 3 Officers

ARTICLE 3 Section 1 : Presiding Officer
  1. The President of the Faculty Senate shall be the presiding officer. In his or her absence the Vice-President shall preside. In the absence of the President and the Vice-President, the senior non-administrative faculty member present at the meeting shall preside. Seniority shall be determined by rank and date of appointment to rank at Indiana University.
  2. All Faculty Senate committees shall file copies of their minutes and a written summary of activities in the office of the faculty secretary.
ARTICLE 3 Section 2 : Other Officers

The other officers shall be a Secretary and a Parliamentarian.

ARTICLE 3 Section 3 : Manner of Election
  1. The President, Vice-President, Secretary and Parliamentarian shall be elected from the members of the faculty by a majority vote.
  2. A procedure for nominations shall be provided in the Bylaws.
ARTICLE 3 Section 4 : Term of Office

All elected officers shall serve for one year.

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ARTICLE 4 Meetings

ARTICLE 4 Section 1 : Regular Meetings

The Faculty Senate shall be required to hold no fewer than three meetings during each academic year.

  1. The first required meeting shall be held in September.
  2. The second required meeting shall be held during the first semester.
ARTICLE 4 Section 2 : Notice of Meetings

The Secretary shall notify each faculty member, Purdue faculty member, adjunct faculty member and the President of the Indiana University Kokomo Student Senate at least one week in advance of all required and special meetings of the Senate, except when an emergency exists as determined by the Chancellor or the President of the Senate.

ARTICLE 4 Section 3 : Special Meetings

Special meetings of the Faculty Senate may be called as follows:

  1. When the Chancellor or the President of the Faculty Senate deems such a meeting is desirable.
  2. When any five members of the faculty are agreed that a Faculty Senate meeting is desirable, and present a signed petition to the Secretary calling for such meetings.
ARTICLE 4 Section 4 : Quorum

A majority of the faculty who are not teaching when the Faculty Senate meets shall constitute a quorum for the conducting of all Senate business.

ARTICLE 4 Section 5 : Record of Meetings

The Secretary shall duplicate the minutes of all Faculty Senate action. He or she shall retain the original and shall distribute copies within the following three weeks to all faculty members, Purdue faculty members, adjunct faculty members and the President of the IUK Student Senate. Each outgoing Secretary shall be responsible for transferring the complete file of official minutes to the Indiana University Kokomo Archives.

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ARTICLE 5 Academic Due Process

ARTICLE 5 Section 1 : Purpose of the Board of Review
  1. The intent of this article is to enable Indiana University Kokomo to produce academic freedom and tenure and the requirements of academic due process. The principles implicit in this Article are for the benefit of all who are involved with or affected by the policies and programs of the institution.
  2. The Faculty Board of Review shall express its judgment on issues of academic freedom, dismissal and discipline, reappointment, tenure, promotion, salary adjustment, and the nature or conditions of work.
  3. In the course of a review, the Board shall request reconsideration of a decision or recommendation when it finds that inadequate consideration was given to the faculty member's qualifications, that specified procedures were not observed, or that erroneous information substantially affected an appealed decision.
ARTICLE 5 Section 2 : Selection of Board of Review Members
  1. During the month of September, the Faculty Senate shall elect a Faculty Board of Review. Only faculty members are eligible to serve on the Faculty Board of Review.
  2. The Faculty Board of Review shall consist of five members, at least three of whom are tenured and one of whom is nontenured.
  3. Election of the Board of Review shall take place according to this subsection. The Nominating Committee of the Faculty Senate shall nominate nine faculty members, at least five of whom are tenured and at least two of whom are nontenured. The three highest vote recipients among the tenured nominees, the highest vote recipient among the nontenured nominees and the highest vote recipient among the remaining five nominees shall become Board of Review members. The remaining nominees shall be listed as tenured and nontenured alternates in the order of votes received. In the case of a tie vote, re-election will take place between the involved nominees until the tie is broken. Once the Board of Review is elected, the ratio of tenured members shall remain constant during that term of office.
  4. Members shall hold office from the first day of October for a term of one year, but they shall complete the review of any case they have begun to consider.
  5. Whenever a vacancy occurs on the Faculty Board of Review, the faculty shall elect a member to fill the vacancy.
  6. A member of the Faculty Board of Review shall be disqualified from hearing or investigating a case whenever the member has participated in a prior decision on that case or when that member believes he or she cannot render an impartial judgment. Whenever a disqualification creates a vacancy, the individual receiving the next highest number of votes in the September election, observing proper category requirements, shall serve on this particular Board case. If the list of names on the September election ballot has been exhausted, a new election will be called.
  7. If the faculty member so requests, in all cases appearing before the Board, the Faculty Senate President shall appoint a resource person who is a member of the same division as the faculty member who has brought a case before the Board. The resource person is permitted to enter the deliberations of the Board but is not permitted to vote.
  8. The chairperson of the Faculty Board of Review shall be elected by its voting members.
ARTICLE 5 Section 3 : Procedure for the Submission of a Case
  1. The appeal of a case to the Board of Review shall be initiated within a sixty-day period following the challenged action.
  2. A faculty member wishing to present a case to the Board of Review shall submit a written notice to the Board, with copies to the Division Chairperson, Dean for Academic Affairs, and the Chancellor. The written document shall, when appropriate, cite the alleged procedural irregularity and give the grievant's evidence as to the existence of a case. Serious efforts made to resolve the issue at the appropriate level, whether formal or informal, shall be cited in detail. The document should contain a clear statement that the case has failed to be resolved at the appropriate level.
  3. The chairperson of the Board shall request a written response from the appropriate party (Division Chairperson, Dean, Chancellor), which response shall include a review of procedures with sources, dates, and the reasons leading to the decision. The response should be submitted within ten days of the request.
  4. On the basis of evidence submitted, at least three members of the Board shall affirm that sufficient justification for an appeal exists. Notice of the date of the initiation of the formal study of the case, or its rejection, shall be sent to all parties concerned, within seven days of the decision.
  5. If a negotiated settlement is possible, the Board may appoint an ombudsman acceptable to both parties at dispute. The ombudsman shall conduct his or her deliberations to the chairperson of the Board within a timetable established by the Board.
  6. The faculty member shall have the right to withdraw the appeal at any time prior to the beginning of a formal hearing of the case. Once a formal hearing has begun, the appeal may be withdrawn only be the mutual consent of the parties and the Board.
ARTICLE 5 Section 4 : Procedure for the Conduct of Reviews
  1. During the Section 3 study of a case, the Board of Review may:
    1. obtain additional data from any party concerned,
    2. interview either party separately,
    3. interview witnesses suggested by either party,
    4. conduct an informal review session with both parties, with cross-examination permitted,
    5. request additional meetings with either party for further clarification, and
    6. decide to accept or reject the case, by a simple majority of the Board.
    7. If a decision to reject the case is not reached after the initial study, the Board may continue with the informal review of the case, or the aggrieved faculty member may request and receive a formal hearing. At a formal hearing the following procedures shall apply:
      1. The Board may, with the consent of the parties, hold joint pre-hearing meetings with the parties in order to (a) simplify the issues, (b) effect stipulations of facts, (c) provide for the exchange of documentary or other information, and (d) achieve such other appropriate objectives as will make the hearing fair, effective, and expeditious.
      2. Service of notice of hearing will be in writing at least twenty days prior to the hearing.
      3. The Board, in consultation with the Chancellor and the faculty member, will exercise its judgment as to whether the hearing should be public or private.
      4. During the proceedings the faculty member will be permitted to have an advisor or counsel of his or her own choosing.
      5. At the request of either party or the Board, a representative of a responsible educational organization shall be permitted to attend the proceedings as an observer.
      6. A tape recorded record of the hearing or hearings will be taken and a copy will be made available to the faculty member upon request.
      7. The Board will grant continuances to enable either party to investigate evidence as to which a valid claim of surprise is made.
      8. The faculty member will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The administration will cooperate with the Board in securing witnesses and making available documentary or other evidence.
      9. The faculty member and the administration will have the right to confront and cross-examine all witnesses. Where the witness cannot or will not appear, but the Board determines that the interests of justice require admission of their statements, the Board will identify the witnesses, disclose their statements, and if possible provide for interrogatories.
      10. The Board will not be bound by strict rules of legal evidence, and may admit any evidence which is of probative value in determining the issues involved. Every possible effort will be made to obtain the most reliable evidence available.
      11. The findings of fact and the decision of the Board will be based solely on the hearing record.
      12. The chairperson of the Board shall keep the detailed accounts of the case. These files shall be kept for at least five (5) years and shall not become the property of any succeeding Board. A copy of the final report of each case shall be retained in the office of the Vice Chancellor for Academic Affairs for reference by future Boards of Review.
ARTICLE 5 Section 5 : Procedures for Reporting Recommendations
  1. The report of the Board shall be sent to the Chancellor, with copies to all parties deemed appropriate by the Board. The report should describe the general nature of the grievance, summarize the evidence presented, and state the findings of the Board. Upon the basis of facts found by the Board and its stated interpretations of University policies, the Board shall state its conclusions and recommendations.
  2. The Chancellor shall advise the parties concerned, in writing, of the reasons for his decision.
  3. The outgoing Board of Review shall report to the Faculty Senate each September on the number and the general nature of the cases handled and whether the Board decided in favor of the grievant.
ARTICLE 5 Section 6 : Disciplinary Procedure
  1. Dismissal shall mean the involuntary termination of a tenured faculty member prior to retirement or resignation, or the termination of a non-tenured faculty member prior to the expiration of his or her term of appointment. Dismissal shall occur only for reason of (1) incompetence, (2) serious personal or professional misconduct, or (3) extraordinary financial exigencies of the University.
  2. Adequate cause for a dismissal will be related, directly and substantially, to the fitness of the faculty member in his or her professional capacity as a teacher or researcher. Dismissal will not be used to restrain faculty members in their exercises of academic freedom or other legal rights.
  3. Dismissal of a faculty member with tenure, or with a special or probationary appointment before the end of the specified term, will be preceded by: (1) discussions between the faculty member and appropriate administrative officers looking toward a mutual settlement; (2) informal inquiry by the Board of Review; and (3) a statement of charges, framed with reasonable particularity by the Chancellor or the Chancellor's designated representative.
  4. A dismissal will be preceded by a statement of reasons, and the individual concerned shall have a right to a formal hearing by the Board of Review provided for in Article V.4(b).
  5. Pending a final decision by the Board of Review, the faculty member shall be suspended, or assigned to other duties in lieu of suspension, only if immediate harm to himself or others is threatened by continuance. Before suspending a faculty member, pending an ultimate determination of the case through a formal hearing, the administration shall consult with the Faculty Affairs Committee concerning the propriety, the length, and any other conditions of the suspension. Salary will continue during the period of the suspension.
  6. Service of notice of hearing with specific charges in writing shall be made at least twenty days prior to the hearing. The faculty member may waive a hearing or may respond to the charges in writing at any time before the hearing. If the faculty member denies the charges or asserts that the charges do not support a finding of adequate cause, the Board of Review will evaluate all available evidence and base its recommendation upon the evidence in the record.
  7. The burden of proof that adequate cause exists rests with the institution and shall be satisfied only by substantial evidence in the record considered as a whole. In a hearing concerning charges of incompetence, the testimony shall include that of qualified faculty members form this or other institutions of higher education.
  8. If the administration believes that the conduct of a faculty member, although not constituting adequate cause for dismissal, is sufficiently grave to justify imposition of a severe sanction, such as a suspension for a stated period, the administration may institute a proceeding to impose such as severe sanction. The procedures outlined in this section shall govern such a proceeding.
  9. If the administration believes that the conduct of a faculty member justifies imposition of a minor sanction, such as a reprimand, it shall notify the faculty member of the basis for the proposed sanction and shall provide him with an opportunity to persuade the administration that the proposed sanction should not be imposed. A faculty member who believes that a sanction has been incorrectly or unjustly imposed under this paragraph may grieve the action under the procedures outlined in sections 3, 4, and 5 of this Article.

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ARTICLE 6 Bylaws and Amendments

ARTICLE 6 Section 1 : Adoption of Bylaws

The Faculty Senate may, by majority vote, adopt such bylaws as are necessary for the governing thereof.

ARTICLE 6 Section 2 : Method of Amendment

When an amendment to these articles is proposed, the procedure shall be as follows: A motion which identifies the proposal as an amendment to these articles shall be presented in either a regular or special meeting of the Faculty Senate. Debate on the proposed amendment shall be a special order of business at a special or regular meeting of the Senate at least one week after the introduction of the amendment. Consideration of the amendment shall take precedence over all other business. The vote on the proposal shall be by mail ballot or electronic ballot where the voter is not identified, as determined by the Indiana university Kokomo Faculty Senate Agenda Committee, within one week after the Senate has voted in special or regular meeting that discussion on the proposal is closed.

The Amendment shall be considered adopted when voted for by two-thirds of the total of all of the faculty plus such other members that vote.

(all faculty + other members voting) (2/3) = Votes needed for ratification

ARTICLE 6 Section 3 : Rules of Order

Robert Rules of Order prevail unless contrary to the express provisions of these Articles of Government or the ByLaws.

Ratified by the Indiana University Kokomo Faculty Senate, April 22, 1985.

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