Standing Orders of the Faculty Senate

(Revised 12/11/2001, 2/26/2014 and 11/3/2015)

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Introduction

The functions of the Charter of the Faculty Senate are to define the membership of the Senate, to describe its duties, responsibilities and powers, and to set up the framework of the organization. The function of the Standing Orders of the UB Faculty Senate is to provide rules relating to the procedures of the organization. These rules describe HOW the Senate should conduct its business. Standing orders are approved and amended by a majority vote of the Senate without any further steps being necessary, unlike the Bylaws of the Voting Faculty and the Charter of the Faculty Senate, which require a two-thirds vote of the Senate to amend, and, for the Bylaws, a referendum among the entire Voting Faculty. 

1. Senate Elections and Referenda

A. Types of elections

i. There are four types of Senate elections:

a. Election of Senators to the UB Faculty Senate by the various academic units and the University Libraries.

b. Election of FSEC representatives from the various academic units and the University Libraries.

c. Election of officers of the UB Faculty Senate.

d. Election of Senators to the University Faculty Senate of the State University of New York.

ii. The Senate Elections Committee shall monitor the elections of Senators to the UB Faculty Senate and of FSEC representatives and shall conduct elections for officers of the UB Faculty Senate and for Senators of the University Faculty Senate of the State University of New York, subject to the following provisions.

B. Election of Senators to the UB Faculty Senate

i. The election of Senators shall be conducted by the individual academic units and the University Libraries subject to the following provisions:

a. By October 15th, the Secretary of the Faculty Senate (newly elected or continuing) shall forward to each academic unit and the University Libraries a letter specifying the number of Senate seats to which that unit is entitled, a reasonably reliable schedule of Senate meetings for the coming academic year, and a brief description of the functions, duties and term of office of a Faculty Senator.

b. Those responsible for Senatorial elections in the academic units shall be asked to forward to the Secretary of the Senate the names, addresses. phone and fax numbers, and e-mail addresses of newly elected and continuing Senators by the 15th of November. This timetable shall be mentioned in the Secretary's letter to the academic units.

C. Selection of FSEC Representatives

i. The Senators elected from each academic unit and the University Libraries shall be responsible for choosing their FSEC representative(s) according to their own procedures.

ii. Each academic unit and the University Libraries shall provide the Secretary of the UB Faculty Senate with the name of its newly-elected FSEC representative(s) for the subsequent academic year by 1 December.

iii. New FSEC representatives take office on the July 1 following their selection.

D. Election of Senate officers

i. The Elections Committee shall distribute a nominating ballot to all Voting Faculty in September and an elections ballot in November.

ii. It may also, at its discretion, appoint an ad hoc Nominating Committee.

iii. To appear on the elections ballot a nominee must meet both of the following conditions:

a. Be nominated by five members of the Voting Faculty, one of whom may be the nominee.

b. Provide a brief written statement (no more than one single-spaced typewritten page) to be distributed with the election ballot.

iv. If no candidate receives a majority of the votes cast, the Elections Committee shall conduct a run-off election for those candidates who received the two highest numbers of votes.

E. Election of Senators to the University Faculty Senate of the State University of New York, which represents both the Faculty and the Professional Staff in academic areas

i. The Elections Committee shall conduct elections in collaboration with the Professional Staff Senate.

ii. At least one member of the UB delegation to the University Faculty Senate of the State University of New York must be elected from and by the faculty and professional staff of the health science schools (Dental Medicine, Health Related Professions, Medicine and Biomedical Sciences, Nursing, and Pharmacy), and the others from and by the faculty and professional staff of all other academic units and of the University Libraries.

iii. Depending, therefore, on the vacancy to be filled, the Elections Committee shall distribute a nominating ballot in September and an elections ballot in November to all Voting Faculty and eligible Professional Staff either in the health sciences or in all other units.

iv. To appear on the elections ballot a nominee must meet both of the following conditions:

a. Be nominated by five persons, one of whom may be the nominee.

b. Provide a brief written statement (no more than one single-spaced typewritten page) to be distributed with the election ballot.

v. For every N vacancy to be filled the N nominees with the highest numbers of votes will be elected as Senators to the University Faculty Senate and the N nominees with the next highest numbers of votes will be appointed as Alternates. The Alternate with the highest number of votes shall become the Alternate to the Senator who received the highest number of votes, the Alternate with the second highest number of votes shall become the Alternate to the Senator with the second highest number of votes, etc. If there were insufficient nominees to fill all the Alternate positions the remaining Senators shall appoint their own Alternates.

vi. At the conclusion of the election the Secretary of the UB Faculty Senate shall notify the President of the University Faculty Senate of the State University of New York of the results.

vii. The Elections Committee may also, at its discretion, appoint an ad hoc Nominating Committee.

F. Election Procedures

In all elections and referenda conducted by the Faculty Senate the following procedures should apply.

i. The Elections Committee shall prepare and verify a master list of all faculty by the following process:

a. The Elections Committee shall obtain from Personnel Services preliminary lists of the Voting Faculty in each academic unit and the University Libraries.

b. The Elections Committee shall send these lists to the chief administrative officer of each academic unit and the University Libraries for verification.

c. The chief administrative officer or his/her designee will strike out names of persons who do not qualify as members of the Voting Faculty in that unit and add additional names of persons who do so qualify.

d. This revised list shall be sent on a timely basis to the Elections Committee in the name of the chief administrative officer of the unit. This list will be called the "verified list." If no verified list can be obtained, the preliminary list will be used in its stead.

e. A ballot will be sent to each person on the verified list.

ii. Mailing labels for each name on the verified list (plus parallel printouts arranged by School/Faculty and in a single alphabetical order) are to be obtained from Personnel Services.

iii. The Elections Committee shall set a date by which ballots must be received in the Senate Office. No ballots received after that date shall be counted.

iv. The envelope in which the ballot is returned must contain both the voter's signature, the voter's name (printed), and the name of the voters School, Faculty, or other affiliation. Lack of a signature will invalidate a ballot.

G. Referenda

i. Pursuant to Article V, Paragraphs 4-5 of the Charter, referenda on matters before the Senate must be used when requested either by i) twenty-five percent (25%) or more of the Senators present at any regular meeting of the Senate, or by ii) written petition of five percent (5%) of the Voting Faculty.

a. Prior to the mail referendum the Senate may choose to call a special meeting of the Voting Faculty to discuss the general issue which the Senate is referring to the Voting Faculty. This meeting, if called, is for information purposes only and shall not substitute for the mail ballot called for in the Charter.

b. A brief statement of the issue(s), plus position papers prepared by both supporters and opponents of the issue(s) in question, shall be distributed with the ballot and made available to those who attend any special meeting called to discuss the issue.

c. Mail ballots shall be distributed using the same procedures prescribed for Elections (cf.1. F above).

d. The results of each referendum shall be announced at the next regular meeting of the Senate and shall be included in the Minutes for that meeting.

H. Electronic Voting. Referenda, resolutions and elections of the Voting Faculty may be conducted by electronic voting. (added 11/3/2015)

i. Electronic voting by Voting faculty may be conducted only after resolutions have been presented and discussed at two Faculty Senate meetings (cf. Standing Orders, 5.A.iii), unless judged urgent and requiring haste by the Chair (cf. Standing Orders, 5.B).  The resolution and any proposed amendments along with pertinent arguments for or against will be sent electronically to the official e-mail address of all Voting Faculty members together with instructions on the voting process for the resolution and amendments.  Votes will be Yes, No or Abstain for the resolution and each amendment.  Votes must be cast within 14 days of the e-mail announcement. All votes will be confirmed by a reply to a message sent to the official UB e-mail address of the Faculty member.  Upon confirmation the vote will be officially cast. As with paper ballots, passage of the referendum or resolution will be based on a Yes response by either a simple majority or a 2/3 majority of votes cast depending on the rules affected as described (cf. Bylaws, VII.4; Charter, VIII.3.B; Standing Orders, G).

ii. Electronic elections of SUNY Senators and Faculty Senate officers will be performed as described in the preceding paragraph and determined by a simple majority of votes cast.

iii. The results of all electronic votes will be transmitted to the Faculty Senate and Voting Faculty electronically and recorded in the minutes of the next Faculty Senate meeting by a report from the Chair.

iv. No one who is a candidate in any given election will participate in vote counting in that election.

v. Electronic voting procedures will ensure the confidentiality and accuracy of voting procedures and may include e-mail balloting and casting as recommended by the Elections Committee and approved by the Faculty Senate Executive Committee.

2. Duties and Responsibilities of UB Faculty Senators

A. Alternates

i. Selection. Annually, each elected Senator shall forward to the secretary of the Senate by April 30 the name of the Alternate designated to fulfill all the duties and responsibilities of Senate membership at meetings of the Senate in the absence of the Senator. If the electoral unit represented by the Senator has not established procedures for the designation of the Alternate, the Senator shall name his/her Alternate.

ii. Restrictions on selection.

a. Alternates must be chosen from the same electoral unit as the Senator.

b. No person shall serve as alternate concurrently to more than one Senator, nor shall any Senator serve as Alternate.

c. Officer(s) of the University at Buffalo Faculty Senate do not have alternates.

d. Alternates for Senators in the University Faculty Senate of the State University of New York are chosen according to the procedure described in 1.E.v above.

B. Attendance. Election to the UB Faculty Senate entails the obligation to attend its meetings. If an elected Senator and his/her Alternate are absent from two consecutive meetings of the Senate, or from three meetings during the academic year, without explanation of such absence satisfactory to the Chair of the Senate (from whose decision appeal may be taken to the Executive Committee), or if an elected Senator and his/her Alternate are absent from four meetings during the academic year even with explanation, the Senator's membership in the Senate shall cease (terminating thereby the service of the Alternate). Upon notification to the electoral unit by the Secretary of the Senate, the electoral unit shall elect a replacement to fill the unexpired term. The vacant seat will not be counted in the determination of a quorum; nor will any unfilled seat.

C. Notification. Senators who are unable to attend a Senate meeting are responsible for informing their alternates of that fact and for providing the alternate with the appropriate meeting documentation.

3. Duties and Responsibilities of FSEC Representatives

A. Alternates. Senators chosen as FSEC representatives do not have alternates in their role as FSEC representatives.

B. Attendance. Election to the FSEC entails the obligation to attend its meetings. If an FSEC representative is absent from two consecutive meetings of the Faculty Senate Executive Committee, or from three meetings during the academic year, without explanation of such absence satisfactory to the Chair of the Senate (from whose decision appeal may be taken to the Executive Committee), the Senator's membership in the Faculty Senate Executive Committee shall cease and, upon notification to the electoral unit by the Secretary of the Senate, the electoral unit shall, following its own procedures, choose a successor from among the unit's faculty senators to fill the unexpired term.

C. Liaison Role. The FSEC representatives from the individual units, with the advice of the Secretary of the Senate, shall function in a liaison capacity between the Secretary and their respective units.

i. They shall be responsible for verifying and reporting to the Secretary the number of Voting Faculty in their respective units.

ii. They shall assist those responsible for their unit's elections, and in turn report to the Secretary any changes or special circumstances affecting the representation of the unit in the Senate.

iii. They shall have responsibility for caucusing with the other Senators from their electoral unit and for liaising with their electoral unit.

4. Meetings of the Senate

A. Minutes. The Secretary of the Senate shall ensure the distribution of the Minutes of the Senate to Senators (and their alternates) and to other members of the Voting Faculty who register such requests in writing with the Secretary, and to other persons or organizations considered appropriate by the Chair and/or the Secretary.

B. Parliamentarian. A Parliamentarian shall be appointed from the Voting Faculty by the Chair of the Senate with the consent of the Executive Committee.

C. Limits to Debate. Time limits on Debate at Faculty Senate meetings.

i.  A time limit of 3 minutes will be imposed on each Faculty Senate member on all questions and debate related to topics under discussion, excluding presentation of the Chair, Provost's, President's, and committee reports.

ii. This time limit will be kept by the Chair or the Chair-designee.

iii. Members may yield their time to other members who desire it, after recognition by the Chair, with the understanding that they then lose this time on this topic.

iv. Any response to direct questions by other members regarding positions taken by a member or for general clarification will not be counted against the 3 minute limit.

5. Procedure for the Adoption of Resolutions

A. Procedure. The normal procedure for the adoption of resolutions by the Senate shall be as follows:

i. Drafting. The resolution shall be drafted by an appropriate committee of the Senate. The committee shall also draft a suitable rationale for the resolution.

ii. Executive Committee Review. The Executive Committee shall consider whether the draft resolution and its rationale have been sufficiently perfected to be submitted to the Senate. This decision will normally not require an extensive discussion of the merits of the issue involved. If the Executive Committee decides that the draft resolution requires more work, it shall be resubmitted to the committee from which it came, or submitted to another committee.

iii. Senate Consideration. Once the draft resolution and its rationale have been reviewed by the Faculty Senate Executive Committee, the draft resolution shall be placed on the agenda of the Senate for two, normally successive, meetings. At the first meeting, there shall be discussion on the issues involved, but no vote. At the second meeting the resolution may be amended and/or voted on.

B. Exceptional Procedure. The above procedure may be cut short if, in the judgment of the Chair of the Senate or of the Senate as a body, the matter is urgent and requires haste. In that case, there shall be a formal ruling or motion suspending these procedures and that ruling or motion shall appear in the Minutes.

C. Charges to Senate Committees. Any Senate committee may be charged by a motion from the Senate floor or by the Executive Committee. Any such special charges shall complement the general charges established by the FSEC for each committee. (Cf. Charter, VI.F.(5) which authorizes the FSEC to draft charges for Senate committee.)

6. Standing Committees

A. Membership.

i. Members of Senate committees are appointed by the Faculty Senate Executive Committee.

ii. All members of the Voting Faculty are eligible to be appointed to Senate committees.

iii. The FSEC may appoint members of other groups to Senate committees as appropriate.

B. Reports.

i. Chairs of Senate committees must meet on a regular basis with the Chair of the Senate to discuss the committee's activities.

ii. Each Senate committee shall report orally at least annually to FSEC on their activities. Each committee shall also submit an annual report in writing that includes the committee's composition, its meeting times, issues covered, decisions reached, and actions taken.

C. Charges for Committees Other than Those Described in the Charter of the Faculty Senate, Article VI.2.B

Academic Freedom and Responsibility

This committee shall review, report and recommend to the Senate matters concerning policies, procedures and actions within the University regarding academic freedom and academic responsibility.

Academic Planning and Assessment

This committee shall review, report and recommend to the Senate matters concerning the future of the University and proposals for the formation, reorganization or dissolution of academic units.

Academic Policies and Grading

This committee shall:

Review, report and recommend to the Senate matters concerning admissions to the University, the departments and to major fields, and matters concerning the recruitment of students.

Review the grading policies of the university, including the range of grading options, the meaning of various grades, the applicable deadlines for submission of grades, procedures for grade changes, and other matters pertaining to grading that may be of faculty interest; and shall also monitor grade distribution and any apparent inflation or erosion of grades.

Review, report and recommend to the senate matters concerning academic policy in the university, including (but not limited to) undergraduate, graduate and professional degree requirements; graduation standards; faculty evaluation of academic performance of undergraduate students; and university facilities for educational programs.

Budget Priorities

This committee shall appropriately consult, review, report and recommend to the Senate and shall advise the Senior Administration on matters concerning the development of the university budget and shall recommend criteria for the allocation for university budgeted funds related to the initiation, development, and implementation of the educational program.

Bylaws

This committee shall review, report and recommend to the senate matters concerning amendments to the Charter of the faculty senate and to the bylaws of the voting faculty, and matters concerning bylaws, standing orders and special orders of the senate.

Elections

This committee shall:

Review, report and recommend to the senate rules and regulations for the conduct of faculty elections and referenda (including, but not limited to, rules governing apportionment of senatorial seats to electoral units, consistent with article iv, paragraphs 3 and 4 of this charter).

Assign faculty members to electoral units consistent with the provision of article iv, paragraph 2 of this charter. Supervise faculty elections and referenda, administering the procedures, rules and regulations promulgated by the senate and by this charter.

Equity and Diversity

This committee shall review, report and recommend to the Senate on issues and practices pertaining to: Affirmative action in the recruitment, appointment and retention of faculty members.

Improvement of intergroup relations and communications. Reduction of prejudice at the University. Minimizing salary equity issues.

Faculty Senate Executive Committee/Governance

The Faculty Senate Executive Committee is the “committee on committees” and will review, report and recommend to the senate matters concerning university governance and governance of academic units.

Library and Information Technology

This committee shall:

Conduct regular reviews of policies and practices of the university libraries, computing services, and other information resources and services including such matters as operational aspects, facilities, and general policies for future development.

Maintain continuous liaisons with the director of the libraries, the Chief Information Officer, the director of the educational communications center, and other appropriate university officers concerned with the development, integration, and administration of information and library resources.

Carry out such specific studies or investigations regarding informational and library resources as may be assigned to it by the executive committee.

Research and Creative Activities

This committee shall review, report and recommend to the Senate matters concerning University policies, procedures and actions regarding research and creative activity; University facilities for research and creative activity; funding for research and creative activity; and responsibilities and liabilities of researchers.

Teaching and Learning

This committee shall review, report and recommend to the Senate matters concerning the conduct of teaching within the University and procedures for the evaluation of such teaching.

Tenure, Promotion and Privileges

This Committee shall review, report and recommend to the Senate matters concerning standards within the University regarding appointment, promotion and tenure of faculty, and matters concerning faculty rights and privileges.

7. Complaints and/or Charges By and Against Faculty

A. Definition.

i. Jurisdiction.

a. As provided under Article II, paragraph 4 of the Bylaws of the Voting Faculty, the Senate shall make its good offices available to any member of the University in the resolution of complaints and/or charges (hereinafter "complaints") involving any member of the faculty as a party to the complaint, excluding grievances which lie solely within the scope of a bargaining agreement reached by the State with an agent of a bargaining unit in which any party to the complaint is included.

b. Complaints arising within departments, faculties or schools shall initially be dealt with according to procedures established at those levels. Those matters that have not been resolved at those levels or that involve more than one administrative unit will become of concern to the Faculty Senate and will fall under the provisions of this Article.

c. Complaints against faculty may also be handled under the document "Complaints Against Faculty" issued by the Provost on 2/28/86. These Faculty Senate procedures provide an alternative means to resolve such conflicts. The choice of procedures is the complainant's and that choice shall be binding on the parties to the dispute.

d. Issues in which the Senate has standing include (but are not limited to):

1. The interpretation or implementation of existing Faculty Senate-approved University-wide standards and procedures regarding the appointment, promotion and tenure of faculty.

2. Alleged violations of faculty rights under faculty, school, and/or department bylaws which have not been resolved at those levels.

3. Conflicts among faculty or between faculty and administration which jeopardize the integrity of the academic program of the University.

4. Any other matter over which the Senate has authority under the Charter of the Faculty Senate and/or the Bylaws of the Voting Faculty.

ii. Filing procedures.

All complaints must be filed, in writing, with the Chair of the Faculty Senate. Such complaint statements:

a. must indicate the nature of the complaint in terms of the Bylaws of the Voting Faculty, the Charter of the Faculty Senate, or other applicable bylaws or policies,

b. must describe in what manner and to what degree the person filing the complaint has been injured, and

c. must include a desired remedy which the complainant agrees to accept as a final resolution of the dispute. Complaints should be filed within one calendar year of the alleged offense. This time limit may be extended by the Chair of the Faculty Senate upon good cause. Nothing said in this paragraph shall preclude any faculty member from consulting informally with the Chair of the Faculty Senate prior to filing a written complaint.

iii. Confidentiality.

a. The Faculty Senate Executive Committee will take reasonable precautions to preserve confidentiality in all steps taken, including preliminary consultation with the Chair of the Faculty Senate, in investigating, hearing, and resolving complaints unless the parties to the complaint agree, in writing, that confidentiality is not necessary. Confidentiality, however, cannot be guaranteed.

b. After the Faculty Senate Executive Committee decides to accept jurisdiction of the complaint (cf. 7.B.ii below) all parties to the complaint shall be asked to sign a form stating whether or not they wish for confidentiality.

c. If confidentiality is desired, the following precautions should be observed:

1. Meetings of the Faculty Senate Executive Committee relating to the complaint should ordinarily be held in executive session.

2. Members of the Faculty Senate Executive Committee and the Complaint Resolution Committee (cf. par.7.B.iv below) should refrain from discussing the case with uninvolved third parties.

3. In the written record of all proceedings relating to the complaint, identification of the concerned individuals and units will be deleted. This record will be kept as a confidential file by the Faculty Senate after the Chair of the Faculty Senate has determined that the issue has come to closure.

d. The obligation to maintain confidentiality shall not limit the right of the Chair of the Faculty Senate to consult with persons who are not parties to the complaint as provided for in paragraph 7.B.ii.a of these Standing Orders. (Cf. 7.B.ii.d)

e. Recognizing that there may be occasions in which confidentiality serves no valid purpose, the Faculty Senate Executive Committee may, with the consent of the aggrieved party, pass a resolution to declare the circumstances of the complaint to be no longer confidential. This action would be a necessary precursor to discussion of the matter in the Faculty Senate and/or the general community by members of the Complaint Resolution Committee or the Faculty Senate Executive Committee.

B. Complaint Resolution Process.

i. All required notifications from the Faculty Senate or its agents shall be in writing and shall be sent through the U.S. mail with return receipt requested (or equivalent procedure).

ii. Determination of Jurisdiction.

a. Chair's Finding. Upon receipt of a written complaint filed in conformity with the requirements specified in Article 7.A.ii above, the Chair of the Faculty Senate shall notify all parties to the complaint of its receipt. As soon as possible (preferably within 15 working days from the receipt of the complaint) the Chair will, after consultation with any appropriate bargaining agent and/or University officials, issue a finding as to whether the Senate has jurisdiction over the complaint and shall notify all parties to the dispute of this finding and the reasons therefor. In the absence of a timely appeal, the Chair's finding concerning jurisdiction shall be binding on the parties to the dispute.

b. Appeal of Chair's Finding. All parties to the dispute shall be given 15 working days after they have received the Chair's finding to appeal the finding. Such an appeal shall be in writing and it should include a detailed rationale.

c. Hearing on the Appeal. Upon receipt of an appeal of the Chair's finding, the Chair shall schedule a hearing of the appeal for the earliest possible meeting of the Faculty Senate Executive Committee. This shall be no later than the second regular meeting after receipt of the appeal. The Secretary will preside over the Faculty Senate Executive Committee for that portion of the meeting at which the appeal is considered. In the absence of the Secretary, the Faculty Senate Executive Committee will elect a Chair pro tem. The Faculty Senate Executive Committee shall determine, by a simple majority of those voting, a quorum being present, whether or not to uphold the appeal. The Chair of the Faculty Senate shall not have a vote on this matter but shall be included in determining whether a quorum is present. The Faculty Senate Executive Committee's decision whether or not to accept jurisdiction cannot be appealed.

d. Notifications. The Chair of the Faculty Senate shall promptly send a written notice of complaints accepted or not accepted for investigation by the Faculty Senate Executive Committee to the University President and the heads of each bargaining agent in which a complainant or a respondent is included. (Cf. 7.A.iii.d)

iii. Informal Mediation.

a. Choice of Mediator. Once it has been determined that the Faculty Senate has jurisdiction over a complaint, the Chair shall attempt to resolve the complaint amicably by meeting informally with the disputants. If the Chair is not acceptable to either party as a mediator, the Chair shall attempt to identify a mutually acceptable mediator.

b. Failure of Informal Mediation. If informal resolution of the dispute is declared to be impossible by any party to the dispute, the Chair shall submit the complaint to the Faculty Senate Executive Committee at its next regular meeting, along with a recommendation as to whether the issue merits a formal hearing by a Complaint Resolution Committee. All parties to the dispute have the right to express their views on this issue. The Faculty Senate Executive Committee will then vote either to dismiss the complaint or to appoint a Complaint Resolution Committee as stipulated in paragraph 7.B.iv. A decision by the Faculty Senate Executive Committee to dismiss he complaint cannot be appealed.

iv. Composition of the Complaint Resolution Committee.

An Ad Hoc Complaint Resolution Committee shall be appointed by the Faculty Senate Chair from nominations made by the Faculty Senate Executive Committee. The Committee shall be composed of three members of the Voting Faculty who are disinterested parties but knowledgeable about the issues involved in the dispute and any Faculty Senate-approved policies and procedures pertaining thereto. Once all members have agreed to serve, disputants will be notified of the proposed committee composition and will be given ten working days from the date the Chair issues the notification to challenge the membership of the committee. Each party may have unlimited challenges for "cause" (if, for example, personal bias is claimed). All challenges must be made in writing to the Chair of the Faculty Senate. The Chair's ruling may be appealed to the Executive Committee under the same conditions described in paragraph 7.B.ii.c.

v. Complaint Resolution Committee Investigative Procedures.

The Committee shall accept and solicit, but be without power to compel production of, material evidence from any party reasonably able to provide such evidence. The Committee may seek advice concerning the conduct of the investigation from anyone whom the Complaint Resolution Committee considers appropriate. Each complainant and each respondent shall have the right to select an advisor for any appearance before the Committee, and shall have the opportunity to review and challenge all evidence considered by the Committee. The advisor shall have the right to address the Committee directly, either orally or in writing. All advisors shall be under the same restrictions as to confidentiality as are other participants in the process. (Cf. 7.A.iii)

vi. Complaint Resolution Committee Reporting Procedures.

1. Report. The Committee shall, as soon as possible after the completion of the Complaint hearing, submit its written report to the Chair of the Faculty Senate.

That report shall contain:

a. a statement of facts,

b. the Committee's conclusions concerning the merits of the complaint, and

c. its recommendation(s) of actions (if any) to be taken by any party, whether or not a party to the investigation. The Chair of the Faculty Senate shall provide copies of the report to the parties to the dispute and to any other designated party involved in the proposed resolution.

2. Comments on the Report. The Chair shall give complainant(s) and respondent(s) and any other parties involved in the proposed resolution anywhere from fifteen (15) to sixty (60) working days after the date on which the Chair has distributed the report to submit to the Chair of the Faculty Senate written comments concerning the report.

3. Report sent to the Faculty Senate Executive Committee. After the expiration of the period set for receiving comments on the report the Chair of the Faculty Senate shall present the report, together with written comments (if any), to the Faculty Senate Executive Committee. Special meetings of the Faculty Senate Executive Committee may, if necessary, be convened for the purpose of considering and taking action on the report.

vii. Faculty Senate Executive Committee Consideration of the Report.

1. Faculty Senate Executive Committee Reaction to the Report. The Faculty Senate Executive Committee shall review the report of the Complaint Resolution Committee and any comments submitted with it. The power of the Faculty Senate Executive Committee to react to the report will vary according to the parts of the report (cf.7.B.vi.1) above).

i. Conclusions on the merits of the complaint. Based on the facts as determined by the Complaint Resolution Committee, the Faculty Senate Executive Committee shall not alter the Committee's conclusions concerning the merits of the complaint except by a two-thirds vote.

ii. Recommendations of actions. The Faculty Senate Executive Committee may, however, either accept the Complaint Resolution Committee's recommendations or provide its own by a simple majority vote.

2. Faculty Senate Executive Committee Disposition of the Report. The Faculty Senate Executive Committee's disposition of the complaint shall be reported to all complainants and respondents, to the University President, and, as a matter of courtesy, to the head of each bargaining agent represented by any party to the dispute, and to any others whom the Chair considers appropriate.

viii. Other Matters.

1. Time. In this Article working days include Summer Session. However, unless the Chair of the Faculty Senate determines that it is a matter of urgency, an issue brought up during the summer will be considered at the earliest opportunity in the Fall Semester. In matters of such urgency, the Chair of the Faculty Senate is empowered to initiate the cycle of actions described in Section II above, including calling a meeting of the Faculty Senate Executive Committee during the Summer.

2. Complaint Disposition.

a. Although recommendations of the Faculty Senate to University Officers concerning actions to be taken are advisory, findings that have been adopted by the Faculty Senate Executive Committee concerning issues over which the Faculty Senate has final jurisdiction under the Bylaws of the Voting Faculty are definitive.

b. The Chair shall report to the Faculty Senate Executive Committee on the final disposition of all issues and recommendations determined by a formal complaint hearing. Should any individual(s) involved in the process be believed to have acted improperly, this matter should be brought to the attention of the Faculty Senate Executive Committee, which body shall determine what further response, if any, should be made.

i. Assuming that confidentiality had hitherto been maintained, such a response could, with the consent of the aggrieved party, include a resolution to declare the circumstances of the complaint to be no longer confidential. This action would be a necessary precursor to discussion of the matter in the Faculty Senate, and/or the general community by members of the Complaint Resolution Committee or the Faculty Senate Executive Committee.

ii. The Faculty Senate Executive Committee may also choose to censure the party or parties determined to have acted improperly, whether or not confidentiality is resolved to be applicable.

3. Formal Litigation. Should any party to the complaint commence a lawsuit or file a complaint with an outside administrative agency or court involving the same underlying factual issues, the Faculty Senate's involvement in the matter shall terminate.

8. Miscellaneous Provisions

A. Important Dates in the UB Senate Schedule

  • 1 July Start of faculty governance year. Newly elected officers assume office. (Bylaws, III.2) Senatorial terms begin. (Charter, IV.6) FSEC terms begin. (Charter, VI.1.C.(7) and Standing Orders, 1.C.iii.
  • 15 September Elections Committee obtains voting list from Personnel and verifies the names.
  • 1 October Elections Committee issues Nomination Ballot for Senate officers (Standing Orders, 1.D.i) and for Senators of the University Faculty Senate of the State University of New York (Standing Orders, 1.E.iii)
  • 15 October Secretary sends letters to all electoral units specifying the number of UB Senate seats to which they will be entitled in the coming academic year. (Standing Orders, 1.B.i.a)
  • 15 November Elections Committee issues Election Ballot for Senate officers (Standing Orders, 1.D.i) and for Senators of the University Faculty Senate of the State University of New York (Standing Orders, 1.E.iii)
  • 15 November Completion of elections within units; each electoral unit sends to the Secretary name(s) and other pertinent data (phone, fax, office address and e-mail address) of newly elected and continuing Senators for the next academic year (Standing Orders, 1.B.i.b)
  • 15 November Elections Committee determines which units fall into the Institutional General Group. (Charter, VI.1.C.(6)
  • 1 December Completion of the selection of FSEC representatives; each electoral unit sends to the Secretary name(s) and other pertinent data (phone, fax, office address and e-mail address) of newly-selected FSEC representatives for the next academic year (Standing Orders, 1.C.ii)
  • 15 December Secretary sends names and other pertinent data of newly-elected and continuing senators in the University Faculty Senate to the President of the University Faculty Senate of the State University of New York (Standing Orders, 1,E.vi)
  • 30 April Senators of the UB Faculty Senate notify the Secretary of the identity of their alternates for the coming academic year (Standing Orders, 2.A.i)

B. Appointments to Committees. Appointments to Senate committees should, to the extent possible, be made at the beginning of the academic year. This requirement should not be considered a bar to filling vacancies that occur after the start of the academic year.

C. Amendments to the Standing Orders.

i. All proposals to amend the Standing Orders of the Senate shall be submitted to the Bylaws Committee for its review and recommendations.

ii. The Bylaws Committee shall present proposals to amend these Standing Orders, in writing, to the Secretary of the Senate. The Secretary shall transmit the proposed amendments to the Faculty Senate Executive Committee which shall forward them to the Senate along with its recommendation.

iii. Amendments shall be adopted upon an affirmative vote of a majority of the Senators present or voting in a regular or special meeting of the Senate, a quorum being present.

iv. The adopted amendments shall take effect immediately.