1. Purpose. The Eastern New Mexico University-Roswell (ENMU-Roswell) Faculty Senate By-Laws provides the detail to implement the Faculty Senate Constitution. The following is the text of the Faculty Senate By-Laws:
FACULTY SENATE BY-LAWS
PREAMBLE
The purpose of this document is to set forth the ways and means of implementing the rights, powers, duties, and obligations of the Faculty Senate of ENMU-Roswell as defined in the Constitution of the Faculty Senate of ENMU-Roswell, and nothing in these By-Laws shall be construed to be in any way contrary to or inconsistent with the Constitution of the Faculty Senate of ENMU-Roswell.
ARTICLE I COMPOSITION OF THE FACULTY SENATE OF ENMU-ROSWELL
A. Representation
The Regular Faculty of ENMU-Roswell shall be proportionally represented in the Faculty Senate by a ratio of one for every five members of the Regular Faculty.
B. Apportionment
Prior to the annual general elections: the Faculty Senate shall determine whether or not changes in the size of the Senate are indicated as a result of a larger or smaller faculty; if changes are indicated, the Regular Faculty must be notified of the changes at the same time that they are notified of the approaching annual general election.
C. Eligibility
All Regular Faculty members are eligible to vote in general faculty elections and to serve in the Faculty Senate who meet the criteria set forth in the Faculty Handbook.
A. Elections
1. A general election shall be held annually to elect faculty members to fill the
vacancies on the Faculty Senate and standing committees.
2. Nomination procedures
a. "Nomination Week" shall be the first week of March (five days of instruction, Monday through Friday) of the spring term each year.
b. The Faculty Senate shall have power to change the designation of "Nomination Week" to a different week if necessitated by extenuating circumstances.
3. On Monday of Nomination Week each year, the President of the Faculty Senate shall notify the Regular Faculty of the approaching election and request nominations to fill the vacancies; the notification shall include a list of those who are ineligible to be elected or re-elected, if any.
a. Each faculty member may submit his/her name in nomination for the vacancies of his/her choice.
b. Nominations shall be returned to the President of the Senate not later than Friday of Nomination Week.
c. The President of the Senate or others designated by him/her shall tally the nominations and prepare the ballots.
d. Alternate Procedure
President of the Faculty Senate may, at his/her discretion, call a meeting of all the Regular Faculty for the purpose of securing nominations.
· Such a meeting must be announced in writing, through the ENMU-Roswell campus mail, at least three days before the meeting is to take place.
· The announcement must include the place, time, and purpose of the meeting.
· If a meeting is used to secure nominations (rather than the ENMU-Roswell campus mail), the meeting must take place during Nomination Week.
4. If the number of nominations is insufficient to fill the vacancies, the President of the Senate shall notify the Regular Faculty a second time, on Monday following the first week of nominations, and the procedure shall be the same as those in the regular nominations, to secure additional nominees.
a. Alternate Procedure
The President of the Senate, may at his/her discretion, supply the necessary nominations to fill the vacancies for the election.
5. Election Procedures
a. "Election Week" shall be the first week of April of the spring term each year.
b. The Faculty Senate shall have power to change the designation of "Election Week" to a different week if necessitated by extenuating circumstances.
c. All procedures related to the election shall be carried on through the ENMU-Roswell campus mail.
d. Ballots
· The nominees' names shall be placed on the ballot in alphabetical order by last name.
· Each member of the Regular Faculty may vote for a number of candidates that is equal to or less than the number of vacancies to be filled on the Faculty Senate and committees.
e. The ballots, with instructions for voting and for returning the completed ballots to the President of the Senate, shall be submitted by the President to the regular Faculty on Monday of Election Week, and the completed ballots (votes) shall be returned to the President of the Senate not later than Friday of the same week.
f. The President of the Senate or others designated by him/her shall tally the ballots and determine the outcome of the election.
· Those persons receiving the largest number of votes shall be declared winners of the election, in descending order of the number of votes received, until the number of winners is equal to the number of vacancies.
· Those elected shall be notified by the President or others designated by him/her.
· The Regular Faculty shall be notified of the outcome of the election.
· In case of ties, a run-off election shall be conducted during the first full week following Election Week with the same procedures as in the regular election.
B. Terms of Office
1. Members of the Faculty Senate and its committees shall be elected to a two-year term; terms shall be staggered to allow for the election of half (or approximately half) of the members each year.
2. Persons elected to the Faculty Senate shall begin serving their terms at the next regular or special meeting of the Senate after the annual general election in which they were elected.
3. Vacancies
a. If vacancies occur on the Faculty Senate as a result of resignations, death etc., the President shall appoint a replacement for the unexpired term only, with the approval of the Faculty Senate; vacancies shall be filled within a reasonable time after they occur.
b. Senators may not send substitutes to meetings; if a Senator is unable or unwilling to attend meetings of the Senate consistently, without good reason, the President of the Senate shall declare that position vacant and provide a replacement according to the procedures set forth in the University Governance Document.
C. Succession
1. Members of the Faculty Senate shall be eligible to succeed themselves for one term.
2. New eligibility for former members of the Faculty Senate shall be established after a lapse of one year.
D. Recall
1. The regular Faculty shall have the power to recall members of the Faculty Senate.
2. Procedures for recalling a member of the Faculty Senate are:
a. A petition, which is signed by at least 20% of the Regular Faculty, must be filed with the President of the Faculty Senate and with the Dean of Instruction of ENMU-Roswell.
b. Upon the filing of such a recall petition, it shall be obligatory upon the Dean of Instruction to call a meeting of the Regular Faculty; the Dean of Instruction shall preside; the faculty meeting must be called within a reasonable time after the recall petition is filed, in order that the Regular Faculty may hear the matter fully.
c. At the end of the meeting, the Regular Faculty shall cast written ballots on the recall matter under discussion by voting:
"FOR the recall," "AGAINST the recall," or "ABSTAIN."
d. In order for the recall motion to carry, the "FOR the recall" votes must constitute a clear majority of the TOTAL votes cast.
3. A member of the Faculty Senate who has been recalled by the Regular Faculty shall immediately vacate his/her position on the Faculty Senate.
A. Meetings
1. The times for subsequent meetings shall be set during the first meeting called by the President of the Senate each semester.
2. Special meetings may be called by the President of the Senate by notifying all members of the Senate.
3. A simple majority of the whole membership of the Senate shall constitute a quorum to conduct business.
4. Any combination of members constituting at least one-third of the total membership of the Faculty Senate may jointly call regular or special meetings in the event that the President is absent or unable or unwilling to call such meetings.
B. Parliamentary Procedure
1. Parliamentary procedure shall be based on Roberts Rules of Order; the President of the Faculty Senate shall act as presiding officer.
2. Each member of the Faculty Senate shall have one vote.
3. The President of the Faculty Senate shall be eligible to vote, and to make motions.
4. When requested to do so by the secretary, the members of the Faculty Senate shall submit motions in writing.
5. Rules may be adopted or changed by vote of a simple majority of members present during any regular meeting.
1. The Faculty Senate shall elect its own officers annually, at the first regular or special meeting following the annual general election.
2. The officers of the Faculty Senate shall be: President, Vice President, Parliamentarian.
3. A recording secretary shall be appointed by the President with the consent of the Senate.
1. Standing Committees
a. The time, place, and purpose, of such a meeting must be announced at least three days before the meeting is to take place.
b. The announcement must be made through the U. S. Mail if the University is not in session or through the ENMU-Roswell campus mail if the University is in session.
c. The Faculty Senate as the Faculty Constituency Assembly shall constitute a Committee on Committees to ascertain that Faculty Senate committees and other faculty committees do, in fact carry out their assignments and responsibilities.
d. Standing Committees include:
· Administrative Evaluation ENMU-Roswell - must include one regular faculty representative from the ENMU-Roswell Campus.
· Administrative Evaluation ENMU-Portales - must include one regular faculty representative from the ENMU-Roswell Campus.
· Faculty Evaluation - must include five tenured regular faculty members
· Faculty Grievance - must include five tenured regular faculty members.
· Faculty Senate - regular faculty of ENMU-Roswell must be proportionally represented in the Faculty Senate by a ration of one Senator for every five faculty members; elected at large.
· Faculty Standards- committee must be made up of three academic and two vocational regular faculty members.
· Financial Aid - must have a total of six regular faculty members who represent academic, vocational, health and developmental studies.
· Handbook - must be comprised of six faculty members: one from each instructional division and one non-teaching faculty.
· KOSA -no nominations required; committee members include the four most recent recipients of the KOSA award.
· Learning Resource Center - must have a total of four regular faculty members elected at large.
· Planning Council - must include one regular faculty representative from each of the division and the President of the Faculty Senate.
· Scholarship - committee must be made up of a total of six regular faculty members, two academic, two vocational, one health and one developmental studies.
· Who's Who - must have a total of three regular faculty members elected at large.
2. Ad hoc committees shall be established by the President of the Senate from time to time as he/she deems necessary to carry out the functions and to transact the business of the Faculty Senate.
The regular Faculty shall have the power to review motions of the Faculty Senate.
A. Delayed Effects
No motion of the Senate shall take effect until (10) school days after publication of unofficial minutes of the Senate meeting in which the motion was passed, unless the motion has been declared an "emergency motion".
B. Emergency Provision
Any motion declared an "emergency motion" and passed by a vote of three-fourths (3/4) of the Faculty Senate members present and voting would allow that motion to take effect immediately upon passage.
C. "Publication" of the minutes shall consist of filing, at the circulation desk of the Roswell Campus Library, an unofficial copy of the minutes, which shall include a copy of all motions as passed by the Faculty Senate.
1. Said copies of minutes shall be placed on file within three school days after the meeting in which the motions were passed.
2. The said official copy of minutes shall be signed by the President of the Faculty Senate.
D. Protests of any motion of the Faculty Senate, including "emergency motions", may be made within the ten-day period by submission of a petition, signed by not fewer than ten percent (10%) of Regular Faculty members, to the President of the Faculty senate.
1. The filing of such a petition will automatically place the protested motion on the agenda of the next regular meeting of the Faculty Senate and the Senate shall hear the protest.
a. The Faculty Senate may, as a result of said protest hearing, reaffirm, or alter, or withdraw its previous motion on the protested matter.
E. A petition protesting any motion of the Faculty Senate which is signed by at lease twenty percent (20%) of the Regular Faculty, shall be filed with the Dean of Instruction of ENMU-Roswell and with the President of the Faculty Senate, and shall require that the protested motion be submitted to the Regular Faculty in a referendum according to the following procedures:
1. Upon filing of such protest petition, it shall be obligatory upon the Dean of Instruction of ENMU-Roswell, to call a general faculty meeting, within a reasonable time after said filing, in order that the Faculty may hear the matter fully.
2. At the end of the meeting, which shall be presided over by the Dean of Instruction of ENMU-Roswell, the Regular Faculty shall cast written ballots on the matter under discussion by voting:
"FOR," "AGAINST" or "ABSTAIN"
A "FOR" vote shall affirm the previous motion of the Faculty Senate; an "AGAINST" vote shall reject the previous motion of the Faculty Senate; and a vote to "ABSTAIN" shall be interpreted to mean "neither for nor against" the matter.
3. In order to reject the protested motion, the "AGAINST" vote must constitute a clear majority (simple majority) of the total votes cast.
ARTICLE IV AMENDMENTS
A. Proposal
1. Amendments to these By-Laws may be proposed by any member of the Faculty Senate by submitting such proposals in writing at any regular or special meeting of the Faculty Senate.
2. Amendments shall concern procedural matters only, and not substantive matters; amendments to these By-Laws shall not conflict with the Faculty Senate Constitution.
B. Adoption
Proposed amendments shall be adopted and be effective immediately upon completion of the following procedures:
1. Passage by two-thirds (2/3) majority vote of the whole membership of the Faculty Senate.
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Revised February 1, 1993, pursuant to the Constitution approved by the ENMU-Roswell Board of Regents, March 26, 1979.
2. Ratification by a majority of the Regular Faculty members voting on such proposals, either in general meetings or through ENMU-Roswell campus mail, within fourteen (14) days after passage by the Faculty Senate.
Federal law (Title VII of the Civil Rights Act of 1964) provides that it shall be an unlawful discriminatory practice for any employer, because of the sex of any person, to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to any matter directly or indirectly related to employment. Harassment of any employee on the basis of sex violates this law.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature will constitute unlawful harassment when:
· Submission to sexual conduct is an explicit or implicit term or condition of an individual's employment.
· Submission to or rejection of sexual conduct by an individual is the basis for any employment decision.
· When sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature have the purpose or effect of unreasonably interfering with an individual's work performance or create an intimidating, hostile or offensive working environment.
The University strongly disapproves of any form of sexual harassment at the workplace, including acts of non-employees. Disciplinary action will be taken promptly against any employee, supervisory or otherwise, engaging in unlawful sexual harassment.
Faculty have a right to work in an environment free from unwelcomed sexual advances or requests for sexual favors. Faculty members' employment or opportunity to advance will not be based on any form of sexual activity. Faculty members should be able to work in an environment that is not sexually intimidating, hostile or offensive either physically or verbally.
Students have a right to pursue academic knowledge skills in an environment free from unwelcomed sexual advances or request for sexual favors. Student evaluations, grades or opportunity to advance will not be based on any form of sexual activity. Students should be able to pursue their academic goals in an environment that is not sexually intimidating, hostile or offensive either physically or verbally.
This work environment is not to be threatened either by University employees or non-employees.