| Effective: 4/16/1949 |
Revised: 5/23/2006 |
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ACD 112–01: Academic Constitution and Bylaws |
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Articles
Bylaws
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To provide faculty members and academic professionals of Tempe campus and Polytechnic campus with the current Academic Constitution and Bylaws
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Arizona Board of Regents Policy Manual- 1–113
Academic Senate
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Faculty
Academic professionals
Members of the Academic Assembly
The faculty and academic professionals of Arizona State University at Tempe campus and Polytechnic campus, through this constitution, provide for the organization and procedures by which and through which they may function within the range of their authority and responsibility as circumscribed by state law and regulations of the Board of Regents.
There are hereby created the Academic Assembly and the Academic Senate:
A. Membership
B. Officers
The faculty ombudsperson of the Academic Assembly shall be appointed by the president of the Academic Assembly, with the advice of the Senate Committee on Committees and the consent of the Academic Senate, from among the tenured professors, tenured associate professors, and senior lecturers for a term of two years, beginning June 1. The faculty ombudsperson may not hold any administrative appointment of department chair or higher.
C. Meetings
D. Authority and Functions
A. Membership
B. Officers
C. Meetings
D. Authority and Functions
III. Amendments to the Constitution and Bylaws
Bylaw providing for a university committee on Academic Freedom and Tenure and establishing other Grievance Committees and Procedures
Amending Bylaw I (adopted April 25, 1958)
Authority: Article II.D., Constitution
| Note: | The term grievant may signify one or more individuals. |
A. Introduction
The Board of Regents, the university president, the faculty and academic professionals, and the administrators of ASU recognize the importance of providing efficient procedures for fair resolution of grievances without fear of retaliation on the part of persons involved. Several avenues of appeal are available to grievants within the university. The preferred option is to resolve grievances internally at the level closest to the grievant(s) (i.e., chair or dean level). The academic unit and/or college ombudspersons facilitate this process. If the grievant(s) does not choose to follow this route, or this route has not provided acceptable resolution, the grievant(s) may use appropriate procedures as described in the Academic Affairs Policies and Procedures Manual— ACD 509–02, “Grievance Policies and Procedures for Faculty,” or ACD 509–03, “Grievance Policies and Procedures for Academic Professionals.”
While grievant(s) are urged to seek resolution through an ombudsperson first, they are not obligated to do so. Faculty may take their case to the Clearinghouse Committee for assignment to one of three grievance hearing committees: The Committee on Academic Freedom and Tenure, the Governance Grievance Committee, or the Board on Equal Opportunity. Academic Professionals may take their case to the Academic Professional Grievance Committee. The composition and general functions of each of these committees are described below. The detailed policies and procedures of each of these committees may be found in the Academic Affairs Policies and Procedures Manual—ACD 509–02, “Grievance Policies and Procedures for Faculty,” and ACD 509–03, “Grievance Policies and Procedures for Academic Professionals.” Changes in these grievance policies and procedures require Academic Senate approval. The right of a faculty member or academic professional to be heard by the appropriate board or committee shall not be restricted.
B. Academic Grievance Procedures
1. Ombudspersons
2. Grievance committees
A grievant may seek a formal hearing before a grievance hearing body. For faculty that body is selected by the Clearinghouse Committee. For academic professionals, the hearing body is the Academic Professional Grievance Committee. Detailed procedures may be found in the Academic Affairs Policies and Procedures Manual— ACD 509–02, “Grievance Policies and Procedures for Faculty,” or ACD 509–03, “ Grievance Policies and Procedures for Academic Professionals.”
a. The Clearinghouse Committee
- The committee shall be composed of the chairs of the Committee on Academic Freedom and Tenure, the Board on Equal Opportunity, and the Governance Grievance Committee.
- The chair of the committee shall be rotated among the members, beginning with the chair of the Committee on Academic Freedom and Tenure, followed by the chair of the Board on Equal Opportunity, and then the chair of the Governance Grievance Committee. The chair will serve one year, beginning June 1.
- Functions of the committee
Upon written request of a grievant(s), the committee shall decide which of the three grievance committees (noted above) shall hear the grievance. Jurisdictional decisions shall be made with all three members present and shall be based on state law; Board of Regents’ policies; and university rules and regulations, including guidelines of the respective grievance committees. A two-thirds majority vote shall decide the question. However, the grievant(s) may ask the committee to reconsider its assignment; any decision after such reconsideration is final.
b. The Committee on Academic Freedom and Tenure
- Six members shall be elected by the Academic Assembly from among tenured professors and tenured associate professors. The term shall be three years, one-third of the elected members to be replaced each year. Members may not hold administrative positions at the level of department chair or above.
- The committee shall elect a chair from its membership and shall establish written procedural guidelines.
- Functions of the committee
- The committee shall investigate alleged infringements upon the academic freedom or tenure of faculty members and report to the senate and the university president.
- The committee shall hear cases assigned to it by the Clearinghouse Committee.
- Annually, the committee shall report a summary of its actions to the senate.
- The committee shall deal with dismissal and disability status.
- Dismissal Proceedings
When dismissal is considered for a faculty member who has satisfactorily completed any probationary period established under the existing personnel policies of the university, or a faculty member whose contract period established under the existing personnel policies of the university, or a faculty member whose contract period has not expired, the matter shall be resolved by procedures described in detail in the Academic Affairs Policies and Procedures Manual— ACD 501, “Conditions of Faculty Service.” This process differs substantially from other grievance procedures. Grievant(s) have the right to seek mediation through a Conciliation Committee and to appeal to the Committee on Academic Freedom and Tenure directly.
- Disability Status
When an individual has been placed on disability status for more than 18 months, there is no assurance of reemployment with the university. In such cases, dismissal may not be appealed on the basis of employment rights endowed with tenure.
c. The Board on Equal Opportunity
- The board shall be appointed by the university president. The faculty and academic professionals on the board shall be nominated to the university president by the senate Committee on Committees to serve for a period of three years. Members may not hold administrative positions of department chair or higher.
- The board shall elect a chair from its membership and shall establish written procedural guidelines.
- Functions of the Board
- The Board on Equal Opportunity has the authority to conduct hearings to consider charges of alleged discrimination.
- Hearings will be conducted according to the Academic Affairs Policies and Procedures Manual— ACD 509–02, “Grievance Policies and Procedures for Faculty,” and written guidelines of the Board on Equal Opportunity.
- Annually, the board shall report a summary of its actions to the senate and the university president.
d. The Governance Grievance Committee
- The committee shall be composed of six members who shall be elected by the Academic Assembly from among tenured professors and tenured associate professors for a period of three years. One-third of the elected members shall be replaced each year. Members may not hold administrative positions of department chair or higher.
- The committee shall elect a chair from its membership and shall establish written procedural guidelines.
- Functions of the committee
- The committee shall hear cases assigned to it by the Clearinghouse Committee. These cases are normally cases other than those involving academic freedom and tenure or discrimination. Such cases include grievances involving salary inequities, teaching assignment, access to equipment, and any unfair treatment of faculty by other faculty or administrators.
- Annually, the committee shall report a summary of its actions to the senate and the university president.
e. The Academic Professional Grievance Committee
- The committee shall be composed of five elected regular members and two elected alternate members representing the widest possible range of academic professionals.
- Functions of the committee
- The operation and scope of the committee is found in ACD 509–03, “Grievance Policies and Procedures for Academic Professionals.”
- Annually, the committee shall report a summary of its actions to the senate and the university president.
| Bylaw II of the
Constitution
Bylaw designating the Standing Committees of the Academic Senate and clarifying the relationship of joint faculty-student committees and university committees and boards to the Academic Senate. A. Introduction For the purpose of carrying out its functions as enumerated in Article II.D., and as implied under Article I.D.1 of the constitution, the Academic Senate through this bylaw does hereby establish senate committees. B. Senate Committees 1. Committee structure a. Administrative committees
b. Academic affairs committees
c. Other committees
2. The normal term of the elected members of any senate committee shall be two years. Membership on a senate committee terminates upon expiration of senate membership. 3. The purpose and function of senate committees shall be to provide services, process information, and generate recommendations so that the senate may carry out its responsibilities as indicated in Article I.D.1. and Article II.D. of the constitution.
4. Senate committees shall be established by amending this bylaw to include the name and description of the new committee. 5. Specific senate committees shall be discontinued by amending the appropriate sections of this bylaw. 6. The senate may ask the university president to instruct a university standing committee to serve as an ad hoc committee of the senate to perform a specific task related to an area of responsibility common to both the senate and that standing committee. 7. Special committees may be appointed by the senate president or the university president. Senate committees and such special committees should not be duplicative. 8. The senate, through its officers, shall, at its option, maintain representation on the university standing committees and boards through:
9. Administrative committees of the senate a. The Executive Committee
b. The Committee on Committees
c. The Consultative Committee
10. Academic affairs committees of the senate a. Curriculum and Academic Programs Committee
b. Personnel Committee
c. Student-Faculty Policy Committee
11. Other Committees of the Senate a. University Affairs Committee
C. Joint Faculty-Student Committees
D. Relationship of University Standing Committees to the Senate
Bylaw dealing with the election of the president-elect of the academic assembly, the secretary of the academic assembly, and members of elected committees A. Election Procedures The election of the president-elect of the Academic Assembly, the secretary of the Academic Assembly, and members of elected committees shall be conducted by electronic mail or campus mail in accordance with the following schedule and procedures:
B. Ratification of the Election
(Originally approved by the Arizona State University Faculty Assembly on April 23, 1982. Approved by the Board of Regents at its July 1982 meeting. Amended by the Faculty Assembly at its January 19, 1984, meeting. Amended by the senate at its November 18 and November 25,1985, meetings. Approved with further amendments by the Faculty Assembly at its January 28,1986, meeting. Further editorial amendments adopted by the senate on May 5, 1986. Substantive recommendations proposed by legal counsel of the Board of Regents were received by the Academic Senate Personnel Committee and approved by the Faculty Senate on January 19, 1987. Revisions proposed by the Constitution and Bylaws Review Committee were approved by the Academic Senate at its November 18, 1991, meeting by the Academic Assembly on February 11, 1992. Approved with revision [removal of Section B(4)(b) of Bylaw I] by the Board of Regents on August 27, 1992. Revisions approved by the Academic Senate at its April 15, 1996, meeting. Revised document approved by the Academic Assembly on October 25, 2000. Report of the Tellers Committee approved by the Senate Executive Committee on October 30, 2000. Academic Senate accepts the report of the Tellers Committee on November 13, 2000. Revisions approved by University President Coor on December 15, 2000. Revisions proposed by the Constitution and Bylaws Review Committee [University Affairs Committee] were approved by the Academic Senate at its March 29, 2004 meeting.)
1. ACD 509–02, “Grievance Policies and Procedures for Faculty” and 2. ACD 509–03, “Grievance Policies and Procedures for Academic Professionals.” skip navigation bar |