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In order to promote the effective exercise of the rights, duties, privileges, and responsibilities that are placed in their trust by their profession, their society, their state, and their local district, and conscious of the high nature of that trust as it is shared by all other institutions of higher learning in the State of California and in the United States, and in order that they or the instruments of their creation may perform such academic duties as are appropriate to teaching faculties of community colleges, the academic faculty members of Palomar College, as defined below, have adopted this Constitution.
ARTICLE 1:DEFINITION OF ACADEMIC FACULTY
A member of the faculty of Palomar College is an academic employee who is employed in a position that is not designated as administrative, managerial, or classified and falls under one of the following categories:
FULL-TIME FACULTY are those faculty members who are employed in regular tenured positions.
PROBATIONARY FACULTY are those faculty members who are employed in tenure track faculty positions and who have not yet been granted tenure by the college.
TEMPORARY FACULTY are non-tenure track faculty with a teaching assignment greater than 60% and who are employed for a designated period of time. For voting purposes, temporary faculty are included with full-time, tenured and probationary faculty.
EMERITUS FACULTY are those faculty members who, upon retirement, were granted Emeritus status by virtue of their years of service. Emeritus faculty may vote with part-time faculty during any semester in which they teach part time after retiring.
PART-TIME FACULTY are those non-tenure track faculty members whose assignments are no more than 60% of a full-time load.
ARTICLE 2:RIGHT OF PETITION OF THE FACULTY BODY
Ten percent of the Full-Time, Probationary and Temporary Faculty may, upon the presentation of a signed petition to the Faculty Council, call for proceedings of review, referendum, initiative, censure, or recall in the context of any issue, policy, question, or person elected by the full-time, Probationary and Temporary Faculty.
Ten percent of the Part-Time and Emeritus Faculty may, upon the presentation of a signed petition to the Faculty Council, call for proceedings of review, referendum, initiative, censure, or recall in the context of any issue, policy, question, or person elected by the Part-Time and Emeritus Faculty.
If the determination is made that such proceedings are necessary, a request for such proceedings must be included on the agenda of the next regular meeting or special meeting of the Senate, and shall precede other new business. The Senate shall appoint a task force of three faculty members (two Senators and one non-Senator) to conduct proceedings in an open meeting to address the matters stated in the petition. Any action taken as a result of the proceedings shall require a simple majority of the appropriate faculty group on matters of review, referendum, or initiative, and a two-thirds (2/3) majority in matters of censure or recall.
ARTICLE 3:CODE OF ETHICS
Faculty members have an obligation to the college, their students, colleagues, profession, the public and themselves to maintain the highest standards of ethical conduct. In recognition of this obligation, faculty members adopt the following standards of ethical conduct: Adapted from the "American Association of University Professors (AAUP) Ethics Statement.)
1. Professors, recognizing their social responsibility,
· develop and improve scholarly competence,
· exercise critical self-discipline and judgment in transmitting knowledge,
· practice intellectual honesty.
2. Professors, as teachers,
· encourage the free pursuit of learning in their students,
· demonstrate respect for students as individuals,
· keep to their proper roles as intellectual guides and counselors,
· evaluate students in an unbiased manner,
· respect the confidentiality of students,
· acknowledge significant or scholarly assistance from students,
· do not exploit, harass, or discriminate against their students.
3. Professors, as colleagues,
· do not discriminate against or harass colleagues,
· respect and defend the free inquiry of associates,
· exchange criticism and ideas,
· acknowledge academic debt,
· strive to be objective in their professional judgment of colleagues.
· accept their share of faculty responsibilities for the governance of their institution.
4. Professors, as members of an academic institution,
· seek to be effective teachers and scholars,
· uphold academic freedom,
· maintain their right to criticize and seek revision,
· give due regard to their responsibilities within the institution,
· when considering termination of their employment, give due notice of their intentions.
5. Professors, as members of their community,
· when they speak or act as private persons avoid creating the impression of speaking or acting for their college.
· promote free inquiry and further public understanding of academic freedom.
ARTICLE 4: THE FACULTY SENATE OF PALOMAR COLLEGE
NATURE AND POWER
The faculty members of Palomar College hereby establish the Faculty Senate as the primary legislative and executive body representing the faculty on all Academic and Professional Matters, which include the governance and committee structure at Palomar College. By legislation, the Faculty Senate is represented on the Statewide Academic Senate and, through it, on the California Community College Board of Governors. Regular meetings of the Faculty Senate shall be held every teaching Monday at 2:00 p.m. during the academic year. All other meetings shall be considered special meetings.
I. Senators shall retain all the rights, duties, privileges, and responsibilities normal to faculty membership.
II. Actions taken at an official meeting of the Senate shall be deemed to be "approved action" and shall be effective for immediate implementation. All such approved action shall be published and distributed to the faculty within three school days. The official minutes of the meeting in which they are approved shall follow within ten school days.
III. Approved actions are actions which have been approved by: a majority of members present at an official regular or special meeting of the Senate; or,
IV. A majority of votes cast by full-time and probationary faculty in an official mail ballot.
V. Members of the faculty reserve the right to protest any approved action of the Senate. Protest shall be submitted in writing to the Senate President and shall bear the signature(s) of the protester(s).
VI. If, within ten teaching days after publication and distribution of any approved action, protests are received from at least twenty percent of the full-time and probationary faculty, a special meeting of The Faculty Senate shall be called for the purpose of reviewing said approved action. The meeting shall be scheduled no later than ten teaching days after receipt of the minimum required number of protests and shall be set for a time and a place convenient to the membership. Two separate notices of the meeting shall be distributed to the membership.
VII. Following reasonable and adequate discussion of the issue(s), the full-time and probationary faculty shall have an opportunity to vote either to reaffirm the approved action or to rescind it. Voting shall be conducted by mail ballot beginning within five teaching days after the special meeting. Notice of the results shall be published and distributed to the Governing Board and all academic employees within fifteen teaching days after the special meeting.
The Faculty Senate:
I. Shall formulate policies on Academic and Professional Matters as specified in state legislation and supported by Governing Board policy.
The term “Academic and Professional Matters” refers to the following twelve matters:
1. Curriculum, including establishing prerequisites
and placing courses within disciplines;
2. Degree and certificate requirements;
3. Grading policies;
4. Educational program development;
5. Standards or policies regarding student
preparation and success;
6. Governance structures, as related to faculty
7. Faculty roles and involvement in accreditation
processes, including self-study and annual
8. Policies for faculty professional development
9. Processes for program review;
10.Processes for institutional planning and budget
11.Faculty hiring policy, faculty hiring criteria,
and faculty hiring procedures; and
12.Other academic matters as mutually agreed upon
between the Governing Board and the Faculty Senate.
II. May also function in an advisory capacity to the Strategic Planning Council in such matters.
III. Shall promote the understanding and practice of professional standards and conduct and of democratic policies and procedures.
IV. Shall concern itself especially with the consideration of any policy or procedure that affects the status and morale of the faculty of the college.
V. Shall advise the President of the College and/or the Governing Board in the selection of administrative personnel. The Senate shall be responsible for the appointment of all faculty members to selection committees other than those faculty appointed by the bargaining unit.
VI. Shall maintain a continuing study of proposed legislation affecting schools and the faculty, and shall keep the faculty informed regarding such proposed legislation and its progress.
VII. Shall obtain information and inform the faculty regarding the records and opinions of candidates for public office where such records and opinions clearly affect the welfare of schools and faculty.
VIII. Shall, through its Committee on Committees, nominate the faculty personnel who serve on college committees other than those appointed by the bargaining unit. Unless the committee position requires a ballot of the full-time or probationary faculty, or some portion there of, the Senate may confirm the nominees at any regular Senate meeting.
IX. May serve the President of the College as an Advisory Council, and may meet with him/her upon request.
The Senate shall consist of the immediate past President of The Senate, the Faculty Co-Chair of the Curriculum Committee, two faculty council members elected at-large by a vote of full-time and probationary faculty, plus twenty elected members, including three senators to be elected from the Part-time Faculty.
The faculty council meets each Monday from 1:00 to 2:00 p.m. prior to the senate meeting. The council is responsible for providing input into and review of agenda items, drafting language for future agenda items, receiving guests who bring information to the Senate, and gathering information.
The elective members are subject to the following provisions:
1) That no more than two full-time or probationary faculty members shall be elected from a single department with the exception of Counseling Faculty, which shall be limited to two Counselors from categorical and two from non-categorical programs. The two faculty members at-large who serve on the Faculty Council shall not be subject to these restrictions.
2) That no more than three members devoting less than three-fifths of their regular contract assignment to classroom instruction or providing direct assistance to students shall serve on the Senate at one time excluding assigned time negotiated by the bargaining unit and distributed by the Faculty Senate.
3) That no more than one part-time faculty member shall be elected from a single department of the faculty.
4) That no more than four members shall be probationary faculty.
5) That terms shall be staggered so that not all Senators are new at any one time.
All Senators shall be faculty members as defined in Article 1 of this Constitution, excluding faculty who hold administrative, managerial, or classified assignments.
TERM OF OFFICE AND METHOD OF ELECTION
I. Elected Senators:
A. Shall serve for a term of three years.
B. Between 1 March and 15 March, the Senate Elections Committee shall send out nominating forms to all faculty members for the Senate positions on the Faculty Senate.
C. Between 15 March and 1 April, the Senate Elections Committee shall send ballots to faculty to elect the Senators. The ballots may include a twenty-five word or less description of each candidate’s qualifications. One third of the Senate positions shall be open for election in any one year with one-third of the Senators up for election each year.
D. Shall be eligible for re-election, and normal Senate vacancies shall be filled at the March election.
E. Shall attend the first regular meeting in May following their election, and shall take office at the subsequent meeting.
F. Full-time and probationary faculty senators shall be elected by a vote of full-time and probationary faculty; part-time faculty senators shall be elected by a vote of part-time faculty.
II. A permanent vacancy shall occur when:
A. A Senator misses more than three consecutive meetings of the Senate or a total of five regular meetings in one semester. In the case of newly-elected Senators, absences occurring in May caused by teaching conflicts shall not be counted under this provision.
B. A Senator takes a leave (sabbatical or other type). A Senate position shall be vacated the last teaching day before this leave starts.
III. Filling Permanent and Temporary Vacancies:
A. The election procedures defined in Article 4, section 5, shall apply to the election of Senators.
B. If a permanent vacancy occurs within the Faculty Senate within one (1) month of a previous election, the next highest vote-getter in the just-concluded election shall be awarded that seat. If the number of candidates is equal to the number of seats available, then no election shall be held and all qualified candidates shall become Senators.
C. In the event that the Senate has fewer than 2/3 of its membership as stipulated in Section 3, a special election may be held in September and/or December to fill Senate vacancies.
IV. Permanent vacancies that occur after one month following the April election shall be filled by a special election to be held as soon as possible after the vacancy occurs. Senators elected in this case shall complete that vacated term.
V. Senator Duties:
A. To attend Senate meetings regularly;
B. To stay informed about state and local policies relating to the welfare of the College.
C. To serve on at least one academic, Senate, or governance committee.
I. Shall be elected from among the Senate membership.
II. The Senate shall elect its own Vice-President and Secretary as the first item of business on the day that newly-elected Senators are seated in the Senate or at the next regular meeting after a permanent vacancy shall occur in any office.
III. The Senate shall elect its own President at the first regular meeting in the month of April. The individual elected shall be the President-Elect and shall take office as President at the second regular meeting in May.
IV. Nominations for each position shall be solicited from the floor. Current officers may be nominated for subsequent terms as defined below for each position.
V. Newly-elected officers (Vice President and Secretary) shall take office immediately following their election.
VI. Shall serve as members of the Faculty Council, which includes the Senate President, Vice President, Past President (or designee), Secretary, and two Senators elected as at-large members.
I. Shall serve a two-year term and may not be elected to serve more than two consecutive terms.
II. Shall not publicly vote on any issue before the Senate unless a tie vote exists. This is not an attempt to restrict the rights of the President/Chair as a member of the Senate but to avoid the appearance of influence on the Senate body.
III. Shall function as Faculty Senate liaison with the Administration and the Governing Board in relation to college policy.
IV. Shall serve, or a Senate-approved designee shall serve, as the representative of the Senate to the Strategic Planning Council, and shall attend all meetings of the Governing Board.
V. Shall, with the approval of the Senate, together with the Superintendent/President and in accordance with Academic Standards and Practices, identify issues as they relate to Academic and Professional Matters, designate the appropriate committee or task force, and establish the membership of that committee or task force.
VI. Shall further preside at all regular and special meetings of the Senate and meetings of the Faculty Council
VII. Shall ensure that all meetings are conducted in accordance with rules formulated by the Senate, except that no Senate rules shall violate any provision of this Constitution or the Brown Act, nor shall any revision in the Senate rule take effect until the meeting following its approval. For the regular conduct of meetings, Robert’s Rules of Order, Revised shall be employed.
I. Shall serve a one-year term. May not be elected to serve more than four consecutive terms.
II. Shall serve as Assistant to the President and fulfill the duties of the President in the President’s absence or when that office shall fall vacant.
III. Shall serve as liaison to the Administrative Association, the CCE/ AFT, CAST and the ASO.
IV. Shall require that a new President shall be elected by the Senate at the next scheduled meeting of the Faculty Senate should a vacancy occur in the office of President of the Faculty Senate.
I. Shall serve a one-year term. May not be elected to serve more than four consecutive terms.
II. Shall see that a permanent record of the proceedings of minutes is maintained.
III. Shall provide for distribution of the minutes to members of the faculty.
IV. Shall verify that a quorum is present at all meetings.
V. Shall conduct correspondence as directed by the President.
VI. Shall bring to each meeting a complete record of the proceedings of the current academic year, a copy of the Constitution, a copy of Robert's Rules of Order, Revised, a copy of the Brown Act, and a copy of the Senate’s formal actions.
VII. Shall keep a record of the term of office of each Senator and when it expires.
VIII. Shall keep a separate up-to-date list of all formal actions approved by the Senate.
IX. Shall keep a voting roster.
X. Shall keep a record of those faculty granted emeritus status.
I. Shall serve on the Faculty Council, and as a member of the Faculty Senate.
II. If the Past-President is unable or unwilling to continue in that role, the Faculty Senate shall elect a replacement from among the Senators who shall serve as the Past-President Designee to the Faculty Council.
Faculty Council Members At-large (elected by full-time and probationary faculty).
I. Shall serve a one year term. May not be reelected for more than four consecutive terms.
II. Shall serve on the Senate and the Faculty Council
III. If a faculty council member at-large is elected to the position of Senate President, Senate Vice-President, or Senate Secretary, a ballot shall be sent to all full-time and probationary faculty for direct election of a replacement member at large as soon as possible within the academic year.
I. Shall serve as a regular member of the Senate.
II. Shall work with the current Senate President to train for the position prior to taking office.
The Senate shall meet at 2:00 p.m. each teaching Monday during the academic year, and at such special times as may be called by the Faculty Council or by written request of twenty-five percent of the Senate membership or ten percent of the faculty or ten percent of the full-time, tenured and probationary faculty.
All meetings of the Senate are open to all members of the Palomar community and to the public. No vote or motion shall be accepted after 3:30 p.m. unless a motion is passed to extend the time limit.
A. A quorum consists of one more than one-half of the elected Senate membership.
B. The Senate shall hold adjourned meetings at the discretion of the Senate President.
C. During the summer, a quorum of the Senate shall consist of one more than one-half the number of Senators who state their summer availability at the last regular meeting of the Senate.
D. Meetings of the Senate during the summer may be called at the discretion of the Senate President or by petition of a majority of available Senators.
Agenda items must be submitted to the Senate President by noon the Wednesday prior to each Senate meeting. The Senate President shall be responsible for the agenda.
A simple majority of those present at any meeting having a quorum shall be accepted for passing a proposed agendized action item.
The above rule shall be subject to exception by a vote of those present.
G. Executive Session:
Any Senator, any member of an involved committee, or any party to a personnel question may request an Executive Session. The Senate shall go into Executive Session unless such a session is opposed by a majority of those present. Executive Sessions are subject to requirements imposed by the Brown Act.
As a matter of professional practice, a Senator or a member of the faculty appointed by the Senate to a reassigned faculty position should voluntarily recuse him/herself from any committee or situation in which a bias may exist as a result of personal or professional interest. Recusal by any Senator or faculty member on a particular matter because of concerns about impartiality or conflict of interest does not reflect adversely on the Senator or faculty member. It is simply an acknowledgement that, in a complex and interconnected society such conflicts of interest may occur. Any conflict of opinion with regard to the appropriateness of the recusal of a Senator or faculty member shall be referred to the Professional Procedures Committee, which shall determine whether recusal is necessary and report back to the Senate.
The minutes shall come to the Senate for approval prior to distribution to the faculty at large.
The Senate shall establish those standing and/or special committees that are necessary for the efficient conduct of
A. Membership on committees shall include both Senate and non-Senate faculty members. All Senate committee chairs must be Senators. All Senate sub-committees must meet at least once each semester with established meeting days/times published.
B. The Committee on Committees shall solicit nominations for committee membership for Senate appointed representation.
C. Faculty membership on all college committees shall be confirmed by the Senate except those designated to be appointed by the bargaining unit.
D. Committee reports may be requested at the discretion of the Senate President. Senate Committee Chairs shall submit an end-of-year report to the Senate.
E. When any committee report is being considered by the Senate, non-Senate members of the committee may be invited to be present during said discussion.
F. The Senate shall have the power to dissolve a Senate committee by a vote of the Senate when it is believed that a committee is no longer needed.
Code of Ethics as applied to the Senate
Faculty Senators have an obligation to the college and to their colleagues to maintain the highest standards of ethical conduct. In recognition of this obligation, the Faculty Senate has promulgated the standards of ethical conduct for all faculty members as defined in Article 3 of this Constitution. Any alleged violation of the Ethics Code by a Senator or faculty member in his/her capacity as a Senator or as a faculty member appointed by the Senate to a reassigned faculty position shall be referred to the Professional Procedures Committee, which shall determine whether a violation has occurred. This determination shall be reported to the Senate in an open meeting. Any further action shall be initiated as defined in Article 2 of this Constitution.
I. Whenever in the course of its business the Senate shall decide that a reasonable doubt exists as to the wishes of the faculty, it may direct its Committee on Elections to conduct a poll of all full-time and probationary faculty. Unless otherwise designated, those eligible to vote shall be full-time and probationary Faculty.
II. Further, a poll of all faculty or full-time and probationary faculty shall be taken on any subject, regardless of whether said subject has been considered by the Senate in the course of its deliberations, when requested by an appropriate petition signed by ten percent of all faculty or ten percent of all probationary and full-time faculty and submitted to the President of the Senate.
Right of Petition of the Faculty Senate
Twenty- five percent of the Faculty Senate’s current membership may, upon presentation of a signed petition to the Faculty Council, call for review, referendum, initiative, censure, or recall in the context of any issue, policy, question, or person elected by the Faculty Senate or appointed by the Senate to a reassigned faculty position.
If the Senate votes to proceed, such proceedings must be included on the agenda of the next regular meeting or special meeting and shall precede other new business. The proceedings shall be convened and conducted by the Senate's Professional Procedures Committee within ten days of the agenda announcement.
Action taken by the Faculty Senate under these proceedings shall require a simple majority in matters of review, referendum, or initiative, and a two-thirds (2/3) majority in matters of censure or recall.
The Granting of Emeritus Status
Emeritus Status shall be granted by formal action of the Faculty Senate to full-time faculty retiring from active membership who served for at least twenty years as full-time members of the faculty at Palomar College.
Emeritus Status may be granted to full-time faculty with at least fifteen years service to Palomar College provided they receive a majority of the votes cast by the Faculty Senate of Palomar College and meet one of the criteria listed below:
I. Served on the Faculty Senate for at least two years.
II. Served for a total of four years on one or more Faculty Senate Committees.
III. Served for a total of six years on any other active (meets at least four times per academic year) college committee.
IV. Has demonstrated extraordinary dedication to students and the discipline as evidenced by nomination by five faculty members and a review by an ad hoc committee of the Faculty Senate.
V. For the purpose of the Emeritus Policy, sabbatical leaves and other leaves of absence are not counted as a break in service when determining eligibility.
VI. An individual who has been granted Emeritus Status at Palomar College shall be honored at the graduation ceremonies following the granting of this status and listed by name as Faculty Emeritus in the College Catalogue.
ARTICLE 5 – THE FACULTY COUNCIL
I. The Faculty Council consists of seven members: the Faculty Senate President, the Faculty Senate Vice President, the Faculty Senate Secretary, the past President of the Senate, the Co-Chair of the Curriculum Committee, and two full-time or probationary faculty members elected at-large by a vote of full-time and probationary faculty.
II. The Faculty Council shall have weekly meetings during the academic year at a time determined by the Council and shall meet with Senate and Governance Committees as it sees fit or as directed by the Senate or the governance structure.
III. The Faculty Council advises the Faculty Senate President on matters coming before the Senate and reviews the agenda prior to each Senate meeting.
IV. The Faculty Council:
1. Shall plan for the presentation and selection of Faculty Senate Awards.
2. May plan for faculty social events.
ARTICLE 6 – CONSTITUTIONAL REVIEW
COMMITTEE ON CONSTITUTIONAL REVIEW
The Faculty Council shall appoint a Committee on Constitutional Review, consisting of three members, who shall have been full-time or probationary faculty for not less than one academic year. The committee shall conduct, with the advice of the membership, a continuing examination of this Constitution and report from time to time any recommendation for the improvement of the document.
Changes to the Constitution are recommended by the Committee on Constitutional Review. The provisions of this Constitution may be amended by a two-thirds vote of full-time and probationary faculty in a mail ballot.
DISCUSSION OF CHANGES
The Faculty Council shall provide adequate discussion opportunities on proposed Constitutional changes before a mail ballot is sent out to full-time and probationary faculty for ratification.