ACADEMIC   SENATE   CHARTER

MAUI   COMMUNITY   COLLEGE

October  27, 1995

PREAMBLE

The Senate is the policy recommending body of Maui Community College's academic community.  It has the responsibility of advising the Administration on all proposed changes in the policies of the College.  In recommending policy for consideration by the Board of Regents, it has the exclusive responsibility to speak on behalf of the academic community.

                                                                                                                                    

ARTICLE I.

PURPOSE AND FUNCTION OF THE ACADEMIC SENATE

Section 1. Policy Recommending

The Senate has a special responsibility to speak for the academic community on such policy matters as:

The Academic Senate has primary responsibility for such fundamental academic areas as curriculum content, subject matter, and methods of instruction and research. On these matters the power of review and concurrence or final decision lodged with the Board of Regents or delegated to administrative officers should be exercised adversely only in exceptional circumstances and for reasons communicated in writing to the Academic Senate.

The Senate will also advise the administration on other policy matters that affect the College. It is the expectation that all Senate recommendations will be responded to in a timely manner.

Section 2. Communication Channel on Procedural and Operational Issues

The Senate and/or its Executive Committee will serve as a channel of communication between the senate members and the administration on procedural and operational issues of college‑wide concern that may be raised by either Senate members or the administration.

Section 3. Investigation of Disputes

The Senate may, upon request of a Senate member, conduct hearings on matters of conflict between Senate members and the administration, and between Senate members and officers of the Senate or division Chairpersons. Such hearings, by the Hearing and Mediation Committee will have the objective of bringing the sides together and/or providing a recommended resolution of the conflict. If a satisfactory resolution is not reached, senate members may explore grievance procedures with the faculty's respective bargaining agent.

ARTICLE II.

ORGANIZATION OF THE SENATE

Section 1. Membership Eligibility:

Membership will consist of all the members of all of the following groups (each group will have voting rights and responsibilities):

Group A:  all teaching faculty who hold BOR appointed positions;

 Group B:  all non-teaching faculty who hold BOR appointed positions;

Group C:  all APTs (Administrative Professional Technical personnel) in collective bargaining Unit 8 who are directly associated with the MCC campus;

Group D:  all other faculty (i.e., lecturers) teaching credit courses.

The Election Committee will maintain an up-to-date list of Senate membership; the list will be organized by membership in one of the above designated groups.

Section 2. Executive Committee; How Constituted:

There will be a nine (9) member Executive Committee consisting of one member from each of the six academic divisions (Group A), one member from Group B, one member from Group C; in addition to these members, a Chairperson who will be a member of Group A, B, or C. All Executive Committee members will hold a full-time position, and will be elected by secret ballot from and by the Senate. Alternately, four or five members will be elected each spring semester. In usual circumstances Division Chairpersons will not be elected Chairperson of the Executive Committee or of a standing committee.

The election of Executive Committee members will be conducted in the following manner. First, the Chairperson will be elected from and by the Senate by a secret ballot conducted at the regular January meeting and during the following three academic days at a designated and supervised location.  Second, the remaining vacancies on the Executive Committee will be filled from and by the Senate by a secret ballot conducted at the regular February meeting and during the following three academic days at a designated and supervised location. No proxy voting will be permitted.

The Vice Chairperson, Parliamentarian, Secretary, and Archivist will be selected by the Chairperson from among the other members of the Executive Committee.

The terms of the Executive Committee officers and members will start on June 1, except that the new Committee may meet before this date to complete planning for the transition. The Chairperson will serve a term of one elected year and may be re‑elected for two additional consecutive terms. All other members of the Executive Committee will serve for two years and may be elected for one additional consecutive term. No member of the Executive Committee will serve more than five consecutive elected years. If a member resigns from the Committee, goes on leave, or becomes inactive, the member will be replaced by secret ballot at the next regular

Senate meeting or the next regular election, if it will occur within three months of the vacancy.

In unusual circumstances when the Executive Committee needs to act quickly, e.g. during the summer, the Chairperson may appoint acting members as necessary to constitute a temporary Executive Committee. All these actions will be reported to the Senate at the first formal meeting in the Fall.

A quorum of the Executive Committee will be  five (5) members.

Section 3. Executive Committee Duties:

The Chairperson of the Executive Committee, after consultation with the Executive Committee, and Chairpersons of the standing and ad hoc committees of the Senate, will prepare the agenda for each meeting of the Senate and will, whenever possible, announce the agenda not less than three (3) days preceding the next Senate meeting. The Executive Committee will carry on necessary inquiries and investigations, including necessary hearings, concerning matters initiated by or referred to the Executive Committee. Between Senate meetings the Executive Committee will report to the Senate members on its activities.

The Chairperson of the Executive Committee will be the Chairperson and presiding officer of the Senate. When addressing the Senate at length, or when participating in discussion, the presiding officer will turn the leadership over to the Vice Chairperson of the Executive Committee. In the absence of the Chairperson of the Executive Committee, the Vice Chairperson will serve as the presiding officer. In the absence of the Chairperson and Vice Chairperson, the Secretary will serve as the presiding officer.

The Secretary of the Executive Committee will be the Secretary of the Senate and will keep the minutes of the Senate meetings. The minutes will constitute a complete record of all Senate rec­om­men­da­tions and actions. The Chairperson will be responsible for transmitting to the Provost and/or others the recommendations and actions of the Senate.

The Archivist of the Executive Committee will maintain the minutes and records of the Academic Senate and its committees.

The Chairperson will meet with the Provost or other administrative personnel, and will attend the Division Chairpersons' and Campus-wide College Executive Committee meetings . The Administration, through the Chairperson, will communicate to the Senate new and proposed policies and all major actions of the administrative committees. 

The Chairperson or another member of the Executive Committee will attend all meetings of the Community College Council of Academic Senate Chairpersons and the All-Campus Council of Faculty Senate Chairs.

The Chairperson will be granted six (6) credit hours released time each academic year, or the equivalent. 

In addition to the duties specified elsewhere, the Chairperson may delegate specific duties and responsibilities to the Executive Committee members.

Section 4. The Senate:

During the academic year, the Senate will meet once a month, unless the Executive Committee calls a special meeting or agrees that there is insufficient business to justify a regular meeting. The date and time of the regular meetings of the Senate will be set by the Executive Committee with at least a one week notice to the  members.

All meetings of the Senate and its committees may be attended by any interested persons.  When deemed appropriate and legal, the Senate and its committees may go into executive (closed) session for the consideration of matters which are legally so conducted.

A resolution or recommendation to the administration may be passed by majority vote at any meeting without previous circulation to the membership but whenever possible the resolution or recommendation should be circulated at least two "academic days" before a meeting. If a resolution to the administration is passed without previous circulation to the membership, it will be held over for  five (5) "academic days" before transmission to allow the members to rescind the resolution. A resolution may be rescinded by petition  by at least one‑third (1/3) of the eligible members of Groups A, B, and C.

Parliamentary procedure in meetings of the Senate and its committees will be governed by the latest available edition of Robert's Rules of Order. The Executive Committee Chairperson will appoint a Parliamentarian and at any meeting where the Parliamentarian is absent, the presiding officer will appoint an alternative Parliamentarian. 

A quorum must be constituted of members from Groups A, B, or C. The quorum will be at least one‑fifth (1/5) of the sum of the members of Groups A, B, and C. If the attendance at a Senate meeting is less than a quorum, and immediate action on one or more items is necessary in the judgment of the majority of the Executive Committee, the Executive Committee will have the authority, except in making amendments to this Charter, to act in behalf of the entire Senate.

All members of the Academic Senate who will be receiving released time to fulfill Senate responsibilities will, whenever possible, be selected early during the previous semester.

Section 5. Standing Committees:

                   a. Planning and Budget Committee

                   b. Curriculum Committee

                   c. Procedures and Policy Committee

                   d. Elections Committee

                   e. Mediation and Hearing Committee

                   f. Teaching Improvement Committee (TIC)

The Chairperson of the Executive Committee, after consultation with the Executive Committee, will nominate members from Groups A, B, or C who hold full‑time positions, to be Chairpersons of the standing committees. In cases where the Chairperson of a Standing Committee is granted released time, the Executive Committee Chairperson will consult with the Dean of Instruction and/or the Provost. Upon approval by the Senate, they will be appointed.

These Chairpersons, thereafter, will select their committee members in accordance with the instructions of the Executive Committee and, when appropriate, in consultation with each division.

All members holding less than full‑time positions may serve on all committees except the Executive Committee. All terms are for two years, but members may serve additional terms if selected by the respective standing committee Chairpersons. Standing Committee Chairpersons will serve no longer than four (4) years consecutively as Chairperson of a particular committee.

The actions and recommendations of all Committees will be forwarded to the Academic Senate. The Senate will have the following standing committees:

Planning and Budget Committee, seven to twelve (7 to 12) Senate members, to include the Chairperson of each Academic Division, the Chairperson will be the Executive Committee Chairperson: To review and advise on future development of the College through review of the projected annual, biennial, and long‑term budgets, the CIP program, and master plans; to review the implementation policies of the existing budget.  This Committee may convene jointly with Administrative Committees with the same function.

Curriculum Committee, seven to ten (7 to 10) Senate members with voting representation from each academic division and a Student Government representative: to study, evaluate, and make recommendations concerning the nature and scope of the College's academic programs; to consider all changes, deletions, and additions of new courses and programs which have been proposed . The Chairperson of the committee will be granted adequate released time, at least three (3) credits of released time each semester, or the equivalent. The Dean of Instruction may serve as a non‑voting, ex officio member of the committee. A representative of the Student Government to the Curriculum Committee will have voting privileges.

This student, selected by the ASMCC Student Senate from its membership will have been at least a half‑time student for at least one year prior to serving, will continue to be at least a half‑time student during his/her tenure on the Committee, and will serve a one year term. 

Procedures and Policy Committee, seven to nine (7 to 9) Senate members with voting representation from each academic division: to study, evaluate and make recommendations concerning student academic policies and procedures such as admission, testing, probation, graduation requirements, and grading; and procedures such as sabbaticals, professional ethics, academic division and academic support organization, evaluation of faculty and administrators as well as any other appropriate policy or procedural matters effecting the college. The Provost may serve as a non‑voting, ex officio member of the committee.

Elections Committee, three to five (3 to 5) Senate members: to maintain up‑to‑date membership list by group; to hold all elections required under the Charter; to nominate candidates; to prepare ballots; to collect the ballots; to count the ballots; to notify the individuals elected and the Senate members of the election results.

Mediation and Hearing Committee, five Senate members to be selected as needed by the Chairperson of this Committee in accordance with the instructions of the Executive Committee : to conduct mediation and/or hearings on matters of conflict between Senate members and the administration; to attempt to settle problems by bringing the sides together, and to prepare written reports to the Senate, if the cases are not resolved amicably. The committee will also conduct mediation and/or hearings on matters of conflict between individual Senate members and/or the officers of the Senate, Chairpersons of the various committees, and Chairpersons of divisions.

If this committee considers a case involving the Chairperson of this Committee, the Chairperson must disqualify him/herself, to be replaced by an alternate Chairperson who has had no previous connection with the matter to come before the Committee.

Teaching Improvement Committee (TIC),  five to seven (5‑7) Senate members:  to create a College‑wide atmosphere that encourages teaching excellence; to promote improved instruction by developing and arranging for staff development activities for Senate members; to explore, and evaluate alternative modes of instruction; to support, recognize, and promote superior teaching.

Section 6. Ad Hoc Committees:

The Chairperson of the Executive Committee, after consultation with the Executive Committee, will appoint the Chairpersons of ad hoc committees. These Chairpersons, thereafter, will select their committee members in accordance with the instructions of the Executive Committee.

Section 7. Chairperson Vacancy:

In the event that a Chairperson of a standing or ad hoc committee resigns or in the judgment of the Executive Committee is not meeting his/her responsibilities, the Chairperson of the Executive Committee will, in consultation with the Executive Committee, appoint a new committee Chairperson.

ARTICLE III.

RELATIONSHIPS TO OTHER UNITS

Section 1. 

Transmission of Communications to the Administration and the Board of  Regents:

A resolution or recommendation of the Senate will, upon its adoption by the Senate, be transmitted by the Chairperson to the Provost of the College. The Provost will transmit those resolutions or recommendations on issues which are not within the campus jurisdiction to the Chancellor for the Community Colleges, and communicate to the Senate his/her recommendation or action going forward. Policy recommendations of the Senate concerning matters requiring action by the Board of Regents will be submitted to the Board through the appropriate channels and procedures.

If the Provost or Chancellor intends to go forward with a decision or a policy recommendation that differs substantively from the Senate advice, the appropriate administrator will convey to the Senate such intention and the rationale, attempting reconciliation before making the decision or forwarding the recommendation.

Section  2.  Referral of Policy Matters to the Senate:

The Administration will seek the advice of the Senate before implementing such policy matters as are defined in the preamble and Article 1. The Senate will accept the responsibility to provide advice on policy matters referred by the Provost or Chancellor.

Section 3.   Senate Advice on the Budget:

             The Provost will refer for advice to the Senate Planning and Budget Committee all documents and policies dealing with the development of budgets and planning documents such as the annual, biennial, and long term budgets, and the CIP priorities, EDP, and master plan. Whenever possible the full Senate will advise the Provost of its opinions concerning these documents before they are transmitted to higher administrative levels, and the Provost will transmit such opinions to the Chancellor for Community Colleges.

Section 4.   Matters Which Require Union and Senate Cooperation:

The Chairperson will appoint any needed ad hoc committee, after discussing the matter with the Executive Committee, to work with the collective bargaining agents  on matters that are not clearly the concern of the  collective bargaining agents or Senate alone.

Section  5.  Academic Divisions and Academic Support:

Because representation  in the Academic Senate Executive Committee is based mainly on the divisional structure of the College, and because the divisional structure affects the academic decision‑making of the College, the advice of the Senate will be sought by the Provost and/or the Dean of Instruction before changes are implemented in the structure of the academic divisions and academic support units or in the process by which Division Chairpersons and/or Unit Heads are selected.

In general the Senate's role is to recommend on behalf of the Senate the academic program and policies for the  college as a whole, while the Division Chairperson has responsibility for operational activities of his/her division such as scheduling, tenure recommendations, budget implementation, hiring and staff development. In order to fulfill these responsibilities the Division Chairperson will be granted adequate released time.

Section 6.        Relationship of Senate to Student Government:

If requested, the Chairperson of the Executive Committee may appoint representatives of the Senate to the Student Government. Conversely, the Senate welcomes representatives of the Student Government to attend meetings of the Senate and its committees.

Section  7.       Senate Involvement in Grievance Procedures:

The Chairperson of the Executive Committee in consultation with the Executive Committee will recommend to the Provost the names of faculty members to serve as members and Chairperson of any required student academic grievance committees.

Section  8.   Separability:

If any provision of the Charter is held invalid, the invalidity will not affect other provisions or applications of the Charter.

ARTICLE IV.

AMENDMENT OF CHARTER

Section 1. Proposing of Amendments:

Amendments must be proposed by petition from no fewer than one‑fourth (1/4) of the members. Proposed amendments will be transmitted to the Executive Committee, which will then schedule a first reading of the proposal at the next meeting of the Senate.

Section 2. Voting of Amendments:

The Executive Committee will then transmit to the faculty written recommendations concerning the amendment. Consideration of the proposed amendment will be given at the next meeting of the Senate which follows the first reading of that proposal. Approval by two‑thirds of the members voting on the amendment will be required for passage.

Section 3. Approval by the Provost and Chancellor:

All amendments so approved will be sent to the Provost for transmission to the Chancellor of the Community Colleges. Amendments become effective upon approval by the Chancellor. If no action is taken by the Provost within thirty (30) days of receipt of amendments, the Senate will obtain a written progress report from the Provost. If no action is taken by the Chancellor within thirty (30) days of receipt of amendments, the Provost will obtain a written progress report from the Chancellor. This report will be communicated to the Chairperson of the Academic Senate.

 

MCC CHARTER HISTORY: The MCC Faculty Senate has been  operating under a Charter drafted by Al Sparks and Dick Mayer and approved by the BOR in 1980.  With the intention of expanding the Senate's membership to include APT's and of making other modifications,  that original  Charter was initially revised by the MCC Faculty Senate on February 9, 1995.  After receiving feedback,  the Senate made a few modifications and on September 21, 1995 approved this final version.   On October 27, 1995 the Charter was given final approval  by Community College Chancellor Joyce S. Tsunoda who was delegated by the BOR with the authority to approve senate charters. 

The MCC Academic Senate Charter has been developed under the Senate leadership of Senate Chairs BK Griesemer and Bruce Butler.  Serving on the Charter Review Committee were Chairs: Jill Savage and Dick Mayer;  and members: BK Griesemer, Lillian Magnum, Priscilla Mikell, Suzette Robinson, Lisa Sepa, and Al Sparks.

                                                                                               November 7, 1995     Dick Mayer

Background note to charter:

The MCC Faculty Senate wishes to thank Vice Chancellor Michael Rota for his September 15, 1995 letter with four suggested stylistic changes to the MCC Senate Charter which had been approved by the Senate on February 9, 1995.  The following indicate our response to his suggestions:

  1. We do not wish to reduce from four groups to a lower number in the Charter because it is necessary to maintain the distinctions among the four different groups in order to identify voting rights, committee memberships, etc.
  2. We do not wish to change the Charter to eliminate the reference to Faculty Senate Chair released-time.  The MCC Senate feels that without having specified  released time, the Senate Chair's ability to operate and articulate campus concerns will  be greatly weakened.  Furthermore we are unwilling to trust the designation of released time to some future Provost/Dean who may wish to weaken the MCC Senate.
  3. We agree with the suggestion to eliminate the reference to the Sun Shine Law for the reasons stated by Vice Chancellor Rota.
  4. We agree with the suggestion to list the Standing committees first.