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THE CONSTITUTION OF THE CSUSB FACULTY

FAM 001

FSD 86-24.R3

ARTICLE I --THE FACULTY

Section 1.      Membership and Voting

A. The membership of the faculty shall be as follows:

Professor    Librarian
AssociateProfessor Associate Librarian
Assistant Professor Senior Assistant Librarian
Lecturer - Full time annual Assistant Librarian
Student Services Professionals - Academic Related
 
B. Those named in subsection A shall have the power to vote in general faculty meetings, in faculty referenda, and in elections for representatives to the Statewide Academic Senate, to the Faculty Senate, and to college and department committees; but with the following exceptions:

    1.

    Only tenure-track faculty may vote for representatives to faculty recruitment committees.

    2.

    Additional restrictions may be placed on voter eligibility in the Bylaws of the Faculty Senate or in policy documents establishing special committees.
C. Faculty on paid leave shall retain all powers to vote.

Section 2.      Powers

A.
The Faculty shall have the power to formulate, adopt, review and revise recommendations relating to the policies and operation of  the University, subject to the laws of the State of California, the regulations of the Trustees of the California  State University,     and the Memorandum of Understanding.
B. The Faculty shall normally exercise its powers through the Faculty Senate of the University elected by, and  representative of, the Faculty and subject to its review.
C. Faculty or Faculty Senate recommendations shall become University policy after adoption by the University President.

Section 3.      Officers

The officers of the Faculty shall be the President of the University or designee, the Chair of the Faculty Senate and the Executive Secretary of the Faculty Senate, who shall serve as the Secretary of the Faculty.

Section 4.      Faculty Meetings and Duties of Faculty Officers

A.
The President or designee shall call at least one faculty meeting during the academic year and may call special meetings whenever necessary. At these meetings the President or designee shall preside.
B. The Chair of the Faculty Senate shall call a meeting of the Faculty whenever a majority of the total membership of the Faculty Senate so requests. At such meetings the Chair of the Faculty Senate shall preside.
C. The Chair of the Faculty Senate shall call a meeting of the Faculty whenever it is requested by a petition of ten percent  of the Faculty. At such meetings the Chair of the Faculty elects to choose a chair pro tem. The chair pro tem shall be elected by a     majority of those present.
 

ARTICLE II -- THE FACULTY SENATE

Section 1.      Membership

The Faculty Senate shall consist of area representatives, member's at large and ex-officio members.

A. The following are the areas from which faculty shall elect representatives:

1. Library

2. College of Business and Public Administration

3. College of Education

4. College of Humanities

5. College of Natural Sciences

6. College of Social and Behavioral Sciences

7. Student Services Professionals - Academic Related

Senate seats from these seven areas shall be apportioned according to the following formula with the proviso that each area shall have at least one seat:
Number of faculty in unit x 27
total number of faculty
If the decimal part of this number is greater than equal to 0.5, the number shall be raised to the next highest integer, otherwise the decimal part shall be dropped. The resulting number shall be the number of seats for the unit.
This formula shall be implemented during the Winter Quarter prior to electing Faculty Senators. The Faculty Senate so elected shall remain valid for the entire following academic year regardless of any change in number of faculty in any of the areas.
B. An at-large Lecturer's representative shall be elected at the beginning of the Fall quarter by and from full-time annual  lecturers to serve until the end of the academic year.
C. Ex-officio members shall consist of the following:
    1. The President of the University, who shall not vote
    2. The Vice President for Academic Affair, who shall not vote
    3. Delegates to the Academic Senate of the California State University, who by election to that body becomes voting members of the Faculty Senate.
    4. The Associated Students President or designee approved by the AS Executive Cabinet for the academic year,  who shall be a voting member.
D. Except as provided in B above, only tenure-track Faculty may serve on the Statewide Academic Senate, on the Faculty Senate, or on special or standing committees of the Faculty Senate.
E. Management Personnel Plan Faculty may not serve as elected Faculty representatives to the Statewide Academic Senate, to the Faculty Senate, or to any committee at any level established under Senate policy.

Section 2.      Powers

The Faculty Senate shall be the delegate assembly of the Faculty through which the Faculty shall normally exercise its powers. All members of the Faculty have the right to attend meetings of the Faculty Senate and may speak with the consent of the Chair of the Faculty Senate, but shall not vote. Other persons may attend at the discretion of the Faculty Senate. The Faculty Senate, upon a majority vote of the voting members present, may declare an executive session. Any action taken by the Faculty Senate is subject to review by the Faculty and must be reviewed whenever the Faculty so requests by a petition of fifteen percent of its members. The Faculty by vote of a majority of its total membership modify or nullify decisions of the Faculty Senate.

Section 3.      Duties

A.  The Faculty Senate shall perform all duties consistent with the formulation, adoption, review and revision of recommendations relating to the policies and operation of the University, within the limits prescribed by this Constitution.
B. The Faculty Senate shall create committees necessary to the performance of its duties. Regulations and specific charges for these committees shall also be established by the Faculty Senate.
C. The Faculty Senate, by vote of a majority of its total voting membership, shall adopt all bylaws necessary to the performance of its duties and amend them when necessary. Changes in the bylaws shall not be proposed and voted upon at the same meeting.
D. The Faculty Senate shall keep a record of its proceedings and shall distribute copies of minutes to the Faculty and to the appropriate administrative officers of the University.
E. The Faculty Senate shall establish appropriate grievance procedures consistent with regulations of the Trustees of the California State University.

Section 4.      Officers

A. The officers of the Faculty Senate shall include a chair, a vice chair, and an executive secretary, all to be elected by and from the voting membership of the Faculty Senate. They shall serve for a one-year term.
B. A Faculty Senate officer may be removed from office by a vote of two-thirds of the total of the total voting membership of the Senate.

Section 5.      Term of Service and Recall

A.  Term of Service

Members shall serve for a term of two years (with the exception of the Statewide Academic Senators who are elected for three-year terms), with terms so arranged that one-half of the Faculty Senate shall be elected each year.

B.  Recall

    1.

    Any Faculty Senator, Statewide Academic Senator or Faculty Senate standing, special, or ad hoc committee  member shall be subjected to a recall election by submission of a petition signed by 25 percent of his or her electorate. Alternately, a recall election may be initiated by the Elections Committee, after an investigation requested by a majority vote of the Senate or of the affected Senate committee.
    2. A member of the Faculty Senate, the Statewide Academic Senate or Faculty Senate standing, special, or ad hoc committee is recalled by a two-thirds vote of his or her electorate.
    3. For recall purposes, the Faculty Senate shall serve as the "electorate" of Faculty Senate special or ad hoc committee members elected by the Faculty Senate, and the Executive Committee shall serve as the "electorate" of  committee members appointed by the Executive Committee.

Section 6.      Agenda

Any Faculty Senate committee or member of the Faculty may transmit to the Faculty Senate Executive Committee topics for discussion and proposals for possible action which are within the jurisdiction of the Faculty Senate. At least twenty working days before the regularly scheduled meeting of the Faculty Senate, the Chair of the Faculty Senate shall invite from the Faculty topics and proposals which shall be added to other business before the Faculty Senate or referred to whichever Senate committee has jurisdiction for their review and recommendation. The established agenda shall be circulated among the Faculty at least three days prior to the meeting of the Faculty Senate.

Section 7.      Meetings

The Executive Committee of the Faculty Senate shall call regularly scheduled meetings of the Faculty Senate at least once a month during the academic year and special meetings whenever necessary. A regularly scheduled meeting may be canceled for lack of agenda.

Section 8.      Duration of a Faculty Senate

Each Faculty Senate shall serve for one year. The currently seated Faculty Senate shall serve until the last day of the current academic year. However, at the last two regularly- scheduled meetings of the academic year, the incoming Faculty Senate for the following academic year shall be seated solely for the purpose of necessary elections. Officers, at-large Executive Committee members, and statewide Academic Senate Alternates shall be elected at the next-to-last Senate meeting. The chairs of the Educational Policy and Resources Committee and the Faculty Affairs Committee shall be elected at the last Senate meeting.

ARTICLE III -- COMMITTEES OF THE FACULTY SENATE

Faculty Senate committees shall make recommendations to the Faculty Senate regarding matters of policy, within the limits prescribed for them by the Faculty Senate and by this Constitution and its bylaws. All Committees shall report regularly to the Faculty Senate concerning committee activities.

Section 1.      Standing Committees

A. Standing Committees established in the Constitution shall be elected by and from the membership of the Faculty Senate, with one person coming from each Constituent Unit. Representatives to other standing committees shall be elected by Constituent Units (preferably) or from the Colleges/Library, one representative per area elected by the faculty of that area. Chairs of the Educational Policy and Resources Committee and the Faculty Affairs Committee shall be elected by the Faculty Senate from among the membership of the Senate. Provisions may also be made for one administrative representative per committee and for one or more student representatives per committee. The following shall be the Constituent Units for committee representation:
1. College of Business and Public Administration
2. College of Education
3. College of Humanities and Library
4. College of Natural Sciences
5. College of Social and Behavioral Sciences, and Student Services Professionals - Academic Related.
B. The Executive Committee and the Elections Committee shall be the sole standing committees established in this Constitution. Other standing committees shall be established in the bylaws of this Constitution.

Section 2.      The Executive Committee

A. Membership: The Executive Committee shall consist of the Chair, Vice Chair, and Executive Secretary of the Faculty Senate, two other members of the Faculty Senate who shall serve at-large, and the President or designee. The President or designee shall not be a voting member. Each elected member of the Executive Committee shall be from a different Constituent Unit. The order for electing members of the Executive Committee shall be Chair, Vice Chair, Executive Secretary, and Members At-Large. In addition, the chair of the Educational Policies and Resources Committee and he chair of the Faculty Affairs Committee shall be members of the Executive Committee.

B.  Duties:

    1. The Executive Committee shall prepare the agenda for the meetings of the Faculty Senate.
    2. The Executive Committee shall interpret the meaning and intent of all articles of the Constitution and bylaws except as specified in Article II, Section J of the bylaws.
    3. The Executive Committee shall make appropriate nominations and appointments to campus committees when necessary.
    4. Other duties of the Executive Committee shall include, but may not be limited to, acting on behalf of the Faculty Senate when the Senate is not meeting regularly, such as in the summer.

Section 3.      The Elections Committee

A. Membership: The Vice Chair of the Faculty Senate shall serve as the Chair of the Elections Committee and be the representative of his or her constituent unit. The Faculty Senate shall elect from its voting membership one representative from each remaining constituent unit.
B. Duties: The Elections Committee shall administer all provisions of Articles II and III of the bylaws.

Section 4.      Special and Ad Hoc Committees

The Senate may establish special and ad hoc committees to serve special needs at the University. These shall be established in Senate policy documents in conformance with procedures established in the Bylaws. Faculty representations shall normally be by Constituent Unit or by College/Library. There may also be at large faculty representative and representatives from other areas of the campus community.

ARTICLE IV -- ADOPTION OF THIS CONSTITUTION

Approval by a majority vote of the Faculty, as defined in Article I, Section 1, shall be necessary for the adoption of this Constitution.

ARTICLE V -- REVISION OF THIS CONSTITUTION

An ad hoc committee on constitutional revision shall be convened at least every four years after the adoption of this Constitution to ensure that this Constitution is sufficient to the growth of the University.

A. Membership: One representative from each constituent unit, elected by the Faculty Senate and one member designated by the University President.
B.

Duties: This committee shall initiate and review proposals for revision of the Constitution and bylaws of the Faculty Senate and make appropriate recommendations to the Senate.

ARTICLE VI -- INITIATION OF AND APPROVAL OF AMENDMENTS

Section 1.      Initiation of a Referendum

A. The Faculty Senate, by majority vote, may initiate a referendum of the Faculty on proposed amendments to the Constitution.
B.

A referendum on amendments to this Constitution may also be initiated by a petition of twenty percent of the Faculty

Section 2.      Approval of Amendments

Ratification of proposed amendments to this constitution shall require a two-thirds affirmative vote of all valid ballots cast. The ratification election shall be conducted by the Elections Committee. All members of the faculty, except faculty on full-time leave of absence without pay, shall be eligible to vote. A copy of proposed amendments shall be sent to every faculty member at least one week before ballots are distributed. A minimum of ten working days shall be provided from the day that ballots are distributed to the deadline for receiving ballots in the Senate Office.

BYLAWS

ARTICLE I -- COMMITTEES

Faculty Senate committees are responsible to the Faculty Senate and shall report directly to that body, except on matters otherwise specified. Their duties shall be to make recommendations on matters of policy and to take action consistent with policy previously adopted by the Faculty Senate. The chairs of the Educational Policy and Resources Committee and Faculty Affairs Committee shall be elected from among the membership of the Faculty Senate. These chairs shall be nominated by the Executive Committee of the Faculty Senate and elected by the Faculty Senate. Other committees shall elect their own chairs.

Section 1.      Regulations Governing Standing Committees

A. Unless otherwise designated in these Bylaws, the President/designee shall, where appropriate, select one representative to membership on standing committees.
B. Standing committees may appoint subcommittees for special projects. Subcommittees may be comprised of members from the committee or other faculty. Standing committees may invite administrators or other faculty to serve as resource persons for specific issues. Terms for subcommittee appointments shall not exceed two academic years. Appointees and the Faculty Senate Office shall be notified in writing by the chair of the committee concerning appointments.
C. Elected committee members shall serve for two-year terms, with one-half of the membership being elected each year. Alternate members are permitted only when explicitly provided for in the Bylaws. Proxy voting shall not be permitted.
D. Student representatives to standing committees shall be appointed by the Associated Students Incorporated for one-year terms.
E. In all standing committees the specified administrative representative may, when appropriate, be replaced by a presidential designee.  Standing committees established in the Bylaws shall function through the last day of the academic year, at which time the newly elected committees shall assume their responsibilities.

Section 2.      Standing Committees of the Faculty Senate

A.  Curriculum

    1. Membership: One representative of senior rank (Associate or Full Professor or equivalent) elected from each constituent unit, one student representative, the Dean of Graduate Studies, and the Associate Vice President for Academic Programs. The student representative must be an upper division or graduate student who has completed two or more quarters at the University.
    2. Duties: This committee shall review all curriculum proposals, including experimental courses. It shall approve student proposals for undergraduate special majors and proposals for special masters programs. It shall review credential programs, graduate degrees and other post-baccalaureate programs and curriculum. It shall be responsible for implementing campus policy on course deletion.

Committee recommendations concerning program proposals shall be forwarded to the Faculty Senate. The committee shall act for the Senate in approving course proposals.

Curriculum proposals which the committee judges to require additional faculty, staff, equipment, facilities, or financial resources shall be referred to the Educational Policy and Resources Committee for its recommendation.

College representatives to the University Curriculum Committee shall also be members of their respective school curriculum committees.

B.  Educational Policy and Resources

    1. Membership: A chair elected by the Faculty Senate, one representative of senior rank elected from each constituent unit, one student representative, and the Associate Vice President for Academic Programs. All representatives shall be of senior rank (Associate or Full Professor or equivalent). The chair shall serve as a member of the Executive Committee.
    2. Duties: This committee shall evaluate, initiate and review educational policies and plans. The committee shall familiarize itself with the budget process, be informed of budget allocations at the divisional level, and make budget recommendations to the President or designee. The committee shall review and recommend annually policies regarding the allocation of educational resources within the audio-visual service and computer services areas. The     committee shall also act as a consultative body in matters regarding facilities planning. All recommendations shall be made to and approved by the Faculty Senate.

The committee shall participate in the development of the academic master plan; and review and develop criteria for the adoption, modification or termination of courses and programs (e.g., majors, minors, credential programs, options, tracks, concentrations, emphases, general education, continuing education, and other self-supporting programs such as institutes and center). It shall review and initiate recommendations concerning grading standards and practices, admissions policies, academic policies, academic disqualification and probation, each annual academic calendar, and non-traditional modes of instruction (e.g., credit by examination, credit for prior experience, advanced placement, media-based instruction, internships, computer-assisted instruction).

When appropriate, this committee shall meet with the Dean of Extended Education and/or with extension program coordinators to originate and review proposals for courses, programs, conferences, etc., and to initiate and review policy recommendations affecting Extended Education (e.g., extension, summer session, open university, etc.). Curriculum recommendations of the committee dealing with degree applicable items shall be sent to the Curriculum Committee. The committee shall act for the Senate in a review of all non-credit Extension courses and programs not subject to specific departmental approval, and shall review all Extended Education policies.

This committee shall consult with appropriate standing committees of the Faculty Senate when considering policy in areas affecting the duties of those committees.

C.  Faculty Affairs

    1. Membership: A Chair elected by the Faculty Senate, one representative of senior rank elected from each constituent unit, and the Associate Vice President for Academic Personnel. All elected representatives shall be tenured, of senior rank (Associate or Full Professor or equivalent) and members of the Faculty Bargaining Unit. The chair shall serve as a member of the Executive Committee.
    2. Duties: This committee shall review, formulate and recommend policies governing all matters related to Faculty Affairs to include evaluation, leaves, professional development, etc.

D.  General Education

    1. Membership: One representative elected from each constituent unit, one student representative, and the Dean of Undergraduate Studies.
    2. Duties: This committee shall review all proposed changes in the general education curriculum and make recommendations to the Curriculum Committee.

It shall review all general education course proposals in terms of how well they meet the objectives and appropriate criteria for particular subject areas.

It shall begin a regular four-year cyclical review of the general education program, reviewing Category B in the first year, Category C in the second year, Category D in the third year, and all remaining Categories in the fourth year. (This process shall begin in the 1991-92 academic year.) It shall evaluate the organization, courses and criteria for each category being reviewed, and propose adjustments or changes that are deemed necessary to preserve the consistency, quality and coherence of the overall program.

It shall monitor the number of electives approved by any of the Colleges (particularly in the Elective Options and Integrative Capstone Categories) in order to discourage excessive and unwieldy course proliferation. It shall use the number of existing courses from a specific College in a particular category or section as a factor when considering additional course proposals from that College. It shall monitor existing courses to see that they are offered at least once every other year.

It shall convene the Faculty in regularly scheduled forums addressed to improvement of the general educational curriculum.

Curriculum proposals which the committee judges to require additional faculty, staff, equipment, facilities, or financial resources shall be referred to the Educational Policy and Resources Committee for its recommendation.

E.  Library

    1. Membership: One representative elected from each constituent unit, one student representative, and the University Librarian.
    2. Duties: The committee shall review and recommend allocation of educational resources within the library.

Section 3.      Regulations Governing Special and Ad Hoc Committees

A. Each ad hoc committee shall serve until its specified task or tasks have been completed and/or the committee has been discharged by the Senate. Each special committee shall be established on a continuing basis.
B. When appropriate, the President/designee shall select one or more representatives to membership on special or ad hoc committees. The number of positions to be appointed by the President/designee shall be specified by the appropriate Senate policy document.
C. Ad hoc Committee members shall serve until the committee is discharged. Special Committee members (except  student representatives) shall serve for two-year terms, with one-half of the membership being replaced each year. Alternate members are permitted only when explicitly provided for in the controlling policy documents. Proxy voting shall not be permitted.
D. Student representatives shall be appointed by the Associated Students Incorporated. Student representatives on special committees shall serve for one-year terms.
E. Special committees shall function through the last day of the academic year, at which time new committee members shall assume their responsibilities. These special committees include:

1. Critical Thinking Oversight Committee (FSD 86-23)

2. Evaluation Committee (FSD 85-187.R7)

3. Faculty Professional Development Coordinating Committee (FSD88-11.R1)

4. Honors Committee (FSD 88-19)

5. Information Resources and Technology Committee (FSD 92-13)

6. Institutional Review Board (FSD 67-03.R5)

7. Instructional Quality Committee (FSD 88-12)

8. Leaves Committee (University) (FSD 88-10.R1)

9. Outstanding Professor Selection Committee (FSD 79-220.R6)

10. Student Services and Programs (pending approval) (FSD 92-12)

11. Teacher Education Committee (FSD 87-16D)

12. WREE Committee (Writing Exemption Examination) (FSD 81-15.R5)

ARTICLE II -- PROCEDURES FOR NOMINATION AND ELECTION TO THE FACULTY

SENATE AND TO THE STATE-WIDE ACADEMIC SENATE

Section 1.

Candidates shall be nominated and elected in a process, which permits participation, by every eligible member of the electorate.

Section 2.

A. Elections and referenda shall be conducted by secret ballot.
B. In nominating and electing representatives to the Faculty Senate and constituent unit representatives to standing committees, procedures shall be determined by each area or unit with the provision that Section 1 of this article be strictly enforced.
C. Nominations and elections from the Faculty at large shall precede those from the constituent units.
D. Elections shall take place by May 1 of each year.

Section 3.

For elections and referenda involving the Faculty at large, the following procedures shall apply:

A. The Senate Elections Committee shall be responsible for University-wide elections and referenda.

B. ANNOUNCEMENT OF COMING ELECTION(S).

The Elections Committee shall publish to the Faculty an announcement of each coming election. This shall be made as early as is reasonably convenient, prior to or concurrently with the Call for Nominations (see C. below). The announcement of coming elections shall list:

1)  the post(s) to be filled by the election;

2)  term(s) of the respective post(s);

3)  the nominating and voting deadlines;* and

4)  list(s) of those eligible to be nominated.

C. CALL FOR NOMINATIONS

The Elections Committee shall publish to the Faculty a Call for Nominations for each election. This shall include:

    1) the post(s) involved in the election;
    2) term(s) of the respective post(s);
    3) Constitutional requirements(s) to be met by the nominee(s);
    4) nominating procedures and petitions (a nominating petition with at least ten Faculty member's signatures shall be required to place an eligible candidate's name on the ballot and a statement of nominee's qualifications for subject committee); and
    5) place(s) and time(s) at which nominations shall be received.

The Call for Nominations shall be published at least ten (10) and at most fifteen (15) academic days before the deadline for nominations.

D. ELIGIBILITY LISTS

The Senate staff secretary shall maintain a current list of those Faculty members who meet the Constitutional requirement(s) for election to the post(s) in question. This information shall be compiled by the Senate staff secretary from a master list of Faculty, which is maintained in the Senate Office and published by the Faculty Personnel Clerk. The Elections Committee shall request verification of their respective lists from their College Deans, Department Chairs, or other appropriate officials. The Elections Committee shall publish this list accompanied by this statement:

"Any questions about eligibility for nomination in this election must be presented to the Elections Committee no later than three (3) academic days after the Call for Nominations and resolved by that Committee no later than six (6) academic days after the Call for Nominations."

* (A statement shall be included as follows: Any eligible voter who fails to receive a nominating petition or a ballot through the campus mail may obtain one in person from the Faculty Senate Office on the day of the appropriate deadline or the academic day immediately prior).

E. SUBMISSION OF NOMINATIONS

It shall be the responsibility of those submitting nominations to make sure that the Elections Committee or Senate Secretary receives the nominations on time at a place designated in the Call for Nominations. *

F. CONTENT OF BALLOT

Each ballot shall:

1)  be marked BALLOT;

2)  state the post(s) at stake in the election and the term(s) of office;

3)  list the qualified nominees, including a list of qualifications, in alphabetical order;

4)  instruct the voter to complete the ballot by marking:

"1" by the name of his/her 1st choice (most preferred) candidate;

"2" by the name of his/her 2nd choice candidate;

"3" by the name of his/her 3rd choice candidate; and so on;

5)  state where the ballot may be cast and the deadline for casting ballots;

* Upon demand, a signed and dated receipt of nomination shall be issued by either a member of the Elections Committee or designated representative thereof (e.g., the Faculty Senate Staff Secretary). In the absence of such receipt, the Elections Committee shall not be considered responsible if a name is omitted from the ballot because the nomination was misplaced, and the failure of the name to appear on the ballot shall not be considered grounds for invalidating the election.

    6) instruct the voter to seal the completed ballot in an envelope which does not bear the voter's name and to seal this envelope in another envelope which does bear the voter's name, both printed and signed; and
    7) remind the voter that failure to follow the instructions may invalidate the ballot.

G. PROCEDURE FOR DISTRIBUTION AND RETURN OF BALLOTS

The Senate Staff Secretary shall send a ballot, together with the envelopes mentioned in F above, to each eligible voter at least six (6) academic days before the deadline for casting ballots. As ballots come in, the Senate Staff Secretary shall record the names of those whose votes have arrived on a list of eligible voters. The ballots shall be deposited in a locked ballot box in the Faculty Senate Office.

Absentee Ballots:   In an election conducted by the Senate Elections Committee, any member of the Faculty eligible to vote in that election may obtain an absentee ballot by submitting a completed absentee ballot request form to the Senate Staff Secretary.

Ballots and other election materials will be mailed to absentee voters on the same day that they are distributed on campus. Ballots must be received by the Faculty Senate Office within the same deadlines established for regular ballots.

H. DETERMINATION OF RESULTS

As soon as reasonably possible after the deadline for casting ballots, the Elections Committee shall meet to tally the ballots. A quorum for this meeting shall be three members of the Elections Committee. *

The procedure for determining the results of the election shall be as follows:

    1) The names of the voters who cast ballots shall be read from the outer envelopes and again recorded on the list of eligible voters.
    2) Valid outer envelopes shall be opened and the inner envelopes removed therefrom. If a ballot is in an outer envelope but not in an inner envelope, it shall still be considered valid, provided it is the only ballot in that outer envelope.

* If a member of the Elections Committee is a candidate for University-wide office, he or she shall be excused from this meeting. Another member of the Senate, from the same constituent unit if possible, will be asked to serve as a replacement if necessary to complete a quorum.

3)  Valid inner envelopes shall be opened and ballots tallied as follows:

a)  When the votes are to be counted by members of the Election Committee:

1) If the vote is for a single candidate:

          (a) If any candidate is the first choice on a majority of ballots, that candidate is declared elected. If there is no first choice majority candidate,
          (b) the candidate with the smallest number of first choice votes is eliminated and those ballots are redistributed, according to the voters' second choices, among the candidates remaining. If there is now a majority for one candidate, that person is declared elected. Otherwise,
          (c)

          the candidate with fewest votes is eliminated and those ballots redistributed according to the voters'  highest remaining choices.

          This process is continued until a majority for one candidate is obtained, at which point that candidate is declared elected

          (d) If it becomes necessary to eliminate a candidate, and there is a tie as to who has fewest  votes, a toss of the coin will be used to determine which candidate stays in the race for the next count. If there is a three-way tie, three coins will be tossed (one for each candidate). The candidate whose coin lands differently from the others will be eliminated. If the toss does not single out a candidate (e.g., if the coins all land heads up), the coins shall be tossed again  until the coin for one candidate lands differently from those of all the other candidates. This same procedure shall be used whenever more than three-way ties occur.

      (2)  If the vote is to elect two or more candidates:

      One candidate will be elected as follows:

          (a) the ballots will be distributed according to the voters' first choices.
          (b)

          Those ballots whose first choice votes are for the candidate that has already been elected are redistributed among the remaining candidates according to the voters' second choices.

          If at this stage any candidate has a majority of the votes, he or she is declared elected. If not, the candidate with fewest votes is eliminated and those ballots redistributed according to the voters' highest remaining choices.

          (c) The redistribution process is continued, as in the election of a single candidate, until a majority for one candidate is obtained, at which point that candidate is declared elected.
          (d) Ties are dealt with as in part a) above.
          (e) The process is repeated until the desired number of candidates are elected.

       

      (3) Invalid Ballots. Ballots shall be invalidated and set aside unopened for any of the following reasons:

      (a)  Illegible, duplicate, or absent name on outer envelope;

      (b)  two inner envelopes within one outer envelope;

      (c)  two or more marked ballots within one inner envelope;

      (d)  illegible or indeterminable preferences on ballot.

    b)   When the votes are to be counted by the University Computer Center:

        (1) The computer software must duplicate the procedure listed in subsection a) bove.
        (2) After opening the inner envelopes, two members of the Election Committee shall deliver the ballots to the University Computer Center for automated counting. The two members of the Elections Committee shall assist computer center personnel, as required, in the tabulating of votes, and shall be present throughout the entire process. After the votes have been counted, the Elections Committee representative shall return the ballots to the Faculty Senate Office.
        (3) Valid ballots, together with any invalid ballots, envelopes from parts 1) and 3) above, and the checklist of those who voted, shall be stored, locked, in the Faculty Senate Office for ten (10) academic days after the results of the election are announced. If at that time the announced results have not been officially appealed, the ballots, envelopes, and checklists may be discarded. Otherwise, these must be saved as evidence until the appeal has been settled by the procedures outlined below (Section K).

I. ANNOUNCEMENT OF ELECTION RESULTS

As soon as the ballots have been tallied, the Elections Committee shall make the results of the election known to the Faculty. The announcement shall include the numbers of votes for each candidate at each stage in the tallying process.

J. ELECTIONS QUESTIONS

If at any time in the election process any Faculty member(s) have a question about the election concerning implementation or interpretation of Article II of these bylaws of the Constitution, they shall put the question in writing to the Elections Committee for decision. The Faculty member(s) may appeal this decision to the Executive Committee whose rulings shall be final.

K. APPEAL OF ELECTION RESULTS

The announced results of any campus-wide election may be appealed within the first eight (8) academic days after said results are announced. Appeal shall be by petition, signed by ten (10) faculty members, and delivered to a member of the Elections Committee or the Senate Staff Secretary. The appeal shall state the grounds for questioning the announced election results.

The merits of any appeal shall be judged as soon as possible by an Election Appeal Board consisting of the Executive Committee of the Faculty Senate and the Chairperson of the Committee on Faculty Affairs. The Election Appeal Board may subpoena relevant materials (e.g., ballots, envelopes, checklists and announcements) and take testimony as it sees fit.

The proceedings of the Election Appeal Board shall be open only to members of the Board itself, the Senate Staff Secretary, and those whom the Board calls for testimony.

Base on its findings, the Appeal Board may:

    1) Reject the appeal, or
    2) Accept the appeal, and based on this acceptance, invalidate the announced election results and order the election process rerun from whatever point they see fit.

The decision of the Election Appeal Board shall be final.

ARTICLE III -- RESIGNATIONS AND RECALL ELECTIONS

Section 1.

Any Faculty Senator, State-wide Academic Senator or Faculty Senate committee member who is going on full-time leave for one quarter or more shall vacate his or her position at the beginning of the academic year in which the leave will occur. When the office is ordinarily filled by an election or appointment, a new election shall be held or an appointment made, respectively, to fill the unexpired term of office.

Section 2.

Any Faculty Senator, State-wide Academic Senator or Faculty Senate committee member who cannot fulfill his or her membership responsibilities, especially with regard to attendance to meetings, should resign so that the affected constituency may be properly represented. New elections shall be held or appointments made to fill the unexpired term of office.

Section 3.

If a Faculty Senator or State-wide Academic Senator fails to resign or reassume his or her responsibilities under suggestion by the Senate Chair, the Senate, by majority vote, may refer the matter to the Elections Committee. The Elections Committee shall have ten (10) academic days after receiving the complaint to investigate and seek a mutually satisfactory solution to the complaint. If none is found, the Committee will issue a report, with copies to the Senate and the Senator under investigation. If the Elections Committee's findings uphold the Senate's complaint, it shall then immediately initiate a recall election. The recall ballot shall include a summary of the findings of the Elections Committee and will include a statement in rebuttal from the Senator subject to recall if he or she so desires.

Section 4.

If a committee member fails to resign or reassume his or her responsibilities under suggestion by the committee chair, the committee, by majority vote, may refer the matter to the Elections Committee. The Elections Committee shall have ten (10) academic days after receiving the committee complaint to investigate and seek a mutually satisfactory solution to the complaint. If none is found, the Committee will issue a report, with copies to the Senate, committee chair, and the committee member under investigation. If the Elections Committee's findings uphold the committee's complaint, it shall then immediately initiate a recall election. The recall ballot shall include a summary of the findings of the Elections Committee and will include a statement in rebuttal from the committee member subject to recall is he or she desires. The electorate for Executive Committee appointments shall be the Executive Committee. The Senate shall be the electorate for positions elected or confirmed by the Faculty Senate.

ARTICLE IV -- REPRESENTATIVES TO THE ACADEMIC SENATE OF

THE CALIFORNIA STATE UNIVERSITY

The representatives to the Academic Senate of the California State University shall regularly consult with, report to, and where appropriate, receive instruction from the Faculty Senate concerning matters and issues before that State-wide body.

ARTICLE V -- QUORUM

In all meetings of the Faculty and of the Faculty Senate, a quorum shall consist of the presence of a majority of the voting members.

ARTICLE VI -- PARLIAMENTARY AUTHORITY

To the extent that it does not conflict with the Constitution and Bylaws of the CSUSB Faculty, Robert's Rules of Order Newly Revised will be the final source of parliamentary authority. In the even of conflict, the Constitution and Bylaws take precedence.

 

S88-09.R4

 

  ©2008 California State University San Bernardino