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University of California Santa Barbara

PREAMBLE

  1. The membership, duties, powers, and privileges of the Academic Senate are defined by the Standing Orders of The Regents of the University of California.
  2. The Santa Barbara Division is a Committee of the Academic Senate of the University of California and, consistent with the Code of the Academic Senate, the Division is authorized to organize, to select its own officers and committees, and to adopt rules for the conduct of its own business as provided in these Bylaws.

CHAPTER I: MEMBERSHIP

5. Divisional Membership, Voting, And Other Privileges

  1. General Provisions.

    Members of the Santa Barbara Division are: the President of the University, the Chancellor and Vice Chancellors, each Dean, Directors of academic programs, the Admissions Officer, the Registrar, and the University Librarian of the Santa Barbara campus; each lecturer who has full-time teaching responsibilities in any curriculum under the control of the Academic Senate and whose academic title is Senior Lecturer with Security of Employment or Lecturer with Security of Employment, Senior Lecturer with Potential Security of Employment or Lecturer with Potential Security of Employment, each person giving instruction in any curriculum under the control of the Academic Senate whose academic title is Instructor, Instructor in Residence, Assistant Professor, Assistant Professor in Residence, Associate Professor, Associate Professor in Residence, or Acting Associate Professor, Professor, Professor in Residence, or Acting Professor whose duties are primarily at Santa Barbara; Senate members holding Universitywide appointments who choose to enroll in this Division, and any other persons certified for membership by the Vice Chair/Secretary of the Division in accordance with Divisional and Senate legislation. Membership does not lapse because of leave of absence or transfer to emeritus status. [Ref. Standing Order 105.1a Am 30 May 02]
  2. Transfer Of Voting Privilege.

    A member of the Senate temporarily assigned to the Santa Barbara campus may transfer his/her voting privilege to the Santa Barbara Division during his/her assignment by certifying the facts to the Divisional Vice Chair/Secretary.
  3. Privileges Of Instructors, Instructors In Residence, And Members Of Other Divisions.

    An Instructor or an Instructor in Residence with less than two years' service may not vote in meetings of the Division, its Faculties, the Faculty Legislature, or in Academic Senate ballots. A member of another Division may attend meetings of this Division with the privilege of the floor, and may make motions, but may not second motions or vote. [See Senate Legislative Ruling U12.75, Appendix II] (Am 31 Oct 02)

CHAPTER II: POWERS AND DUTIES

10. Divisional Powers And Duties

  1. General Provisions.

    On behalf of the Santa Barbara Division, the Faculty Legislature is empowered to receive and consider reports and recommendations from Divisional and University committees of the Senate, from local administrative officers, and from other Divisions. The Division delegates to the Faculty Legislature the Division's authority to originate and take final action on legislation affecting only the Santa Barbara campus, to establish Faculties in colleges and schools at the Santa Barbara campus, and to submit reports and recommendations to members of the entire Academic Senate or to the Senate Assembly regarding changes in Senate legislation and any other matters of general concern. The Division may originate and transmit memorials on any matter of University concern directly to the President with copies to the Assembly. Such memorials may also be transmitted to the Assembly for its consideration and concurrence. Memorials to The Regents on any matter of University concern may be originated either by a Division or by the Assembly, but no memorial shall be transmitted to the President to be laid before The Regents unless it has been approved by a ballot submitted to the voting members of the Senate as provided in Senate Bylaw 90. The Faculty Legislature exercises for the Santa Barbara Division all powers of the Academic Senate not specifically delegated to the Senate Assembly or to the standing councils and committees of the Senate. (Am 22 Apr 99; Am 31 Oct 02)
  2. Authorization Of Courses, Curricula, And Higher Degrees.

    The Faculty Legislature authorizes and supervises all undergraduate and graduate courses of instruction and curricula in the colleges and schools and Graduate Division on the Santa Barbara campus. Proposals for new academic programs leading to existing or new degrees or Graduate Certificates require final approval by the Faculty Legislature before they may be implemented, or transmitted to the Coordinating Committee on Graduate Affairs. Proposals to disestablish academic programs leading to degrees require final approval of the Faculty Legislature, after full campus review and recommendation by the Undergraduate Council or Graduate Council before disestablishment may be implemented or transmitted to the Coordinating Committee on Graduate Affairs. (Am 22 Apr 99; Am 30 May 02) [See Senate Legislative Ruling U4.84, Appendix II]
  3. Curricular Changes.

    Minor changes in the curricula of colleges and schools at Santa Barbara, except in matters of general education requirements, may be made by their Faculties. Significant curricular changes must be approved by the Undergraduate Council or Graduate Council. Curricular changes that require modification of legislation are subject to approval by the Faculty Legislature upon recommendation by the Undergraduate Council or Graduate Council. (Am 22 Apr 99; Am 30 May 02) No change in the curriculum of any college or school shall be made by any legislative agency of the Academic Senate until the proposed change has been submitted to the formal consideration of the Faculty concerned. [Senate Bylaw 51]
  4. Degree Candidates.

    The Faculties of the respective colleges and schools approve candidates for undergraduate degrees who have completed the requirements for such degrees; approval of candidates for graduate degrees is made by the Graduate Council. Recommendations for all such degrees are made to the President of the University under the authorization of the Faculty Legislature. [See Senate Bylaw 312.A2]

CHAPTER III: ORGANIZATION

Section 1: Officers and the Executive Office

15. Chair

  1. Term.

    The Chair shall serve a term of two years, beginning on the first of September following election. (Am 24 May 84)
  2. Duties.

    The Chair:
    1. maintains effective coordination between the Division and the administration, the Division and its councils and committees, and between Divisional councils and committees.
    2. may participate in a non-voting capacity in the deliberations of any council or committee of the Division unless the matter under consideration is not to be reported directly to the Division.
    3. refers matters to councils and committees of the Division.
    4. submits an annual budget request to the Chancellor to support the work of the Division and controls all expenditures from any appropriation granted for such a purpose.
    5. presides over all meetings of the Santa Barbara Division, its Faculty Legislature, and the Executive Council.
    6. in collaboration with the Executive Director, supervises the Divisional Senate Office and presents an annual report to the Division on the work of this Office and on any matters of common concern.
    7. determines whether proposed legislation is solely of Divisional concern. Such decisions may be appealed to the Division [See Systemwide Bylaw 311.C]. Such decisions may be appealed to the Division.
    8. serves as ex officio member of the Senate Assembly and the UCSB Foundation Committee, as member of the Academic Council, and as Chair of the Divisional Faculty Legislature and the Executive Council. (Am 30 May 02)

20. Vice Chair/Secretary

Up to two Vice Chairs may be appointed by the Committee on Committees after consultation with the Divisional Chair, one of whom shall be appointed as Vice Chair/Secretary. In the case of appointment of more than one Vice Chair, the Committee on Committees, after consultation with Divisional Chair, shall designate which Vice Chair shall act as Chair in times of the Chair's disability in accordance with Divisional Bylaw 20.B.3, and also as Secretary. These designations, as well as any other of the Chair's duties which have been delegated to a specific Vice Chair in accordance with Divisional Bylaw 20.B.3 and 20.B.2, should be reported to the members of the Division.

  1. Term.

    A Vice Chair/Secretary or Vice Chair shall serve from the date of their appointment through the following August 31.
  2. Duties.

    The Vice Chair/Secretary or Vice Chair:
    1. acts as Chair in times of the Chair’s absence or inability to serve.
    2. represents the Chair at meetings, including those of the Senate Assembly, whenever the Chair has conflicting obligations.
    3. assumes such duties as the Chair may delegate.
    4. determines membership of the Division, as provided by Divisional Bylaw 5.A. (Am 22 Oct 92; Am 30 May 02)

25. Parliamentarian

The Parliamentarian is appointed by the Committee on Committees in consultation with the Divisional Chair, and is a member of the Committee on Rules, Jurisdiction and Elections. (Am 30 May 02)

30. Executive Office

  1. Organization.

    The Executive Office is under the supervision of the Divisional Chair and includes such administrative and clerical employees as serve the Division and its committees.
  2. Duties.

    The Executive Office:
    1. maintains a depository of all records of the Santa Barbara Division.
    2. provides administrative and clerical services required by the officers and committees of the Division.
    3. maintains complete files of minutes, reports, and agenda of all Divisional committees and of other Senate agencies.
    4. maintains a record of the current membership of the Division, the current Senate committee service of each member of the Division, and current roster of all committees of the Senate.
  3. Inspection of Records.

    All records of the Executive Office, except those concerning matters not to be reported directly to the Division and for good cause held confidential, are open for inspection by any member of the Division.

Section 2: General Provisions for Committee and Faculties

35. Committees

  1. Councils and Committees of the Division.

    The following agencies are designated Councils and Committees of the Santa Barbara Division: standing and special councils and committees of the Division, the Faculty of each college or school, the Divisional Faculty Legislature, and the Divisional Representation in the Senate Assembly. (Am 30 May 02)
  2. Responsibility to Parent Agency.

    Each council/committee is responsible to the agency establishing it and is obligated to report its actions to that agency. Chairs of Executive Committees of Faculties [See Divisional Legislative Ruling D1.93.A, Appendix II; Appendix I, Bylaws of Faculties of the Santa Barbara Division: Bylaws of the Faculty of the College of Creative Studies, section 2(4); Bylaws of the Faculty of the College of Engineering, section 2(5); Bylaws of the College of Letters and Science, section 2(4); Bylaws of the Graduate School of Education, section 2(4); and Bylaws of the Donald Bren School of Environmental Science and Management, section 2(5)] and the chairs of other Divisional committees are instructed to provide the Executive Office with copies of current agenda, minutes, and reports pertaining to the work of their committees. When a committee makes recommendations and gives advice to the President, the Chancellor, or other administrative officer, it shall report its recommendations to the establishing agency where such report is consistent with the original charge to the committee and serves the best interests of the University and the Santa Barbara campus. If a committee desires advice or approval of an action, it may consult the agency that established it. [See Senate Bylaw 40C]
  3. Authority to Report.

    Councils and committees of the Division normally report to the Faculty Legislature, but they may report concurrently to the Senate Assembly. A Divisional council or committee may report to any other Divisional or Senate council or committee. Each such council/committee shall explain its procedures and policies at the request of the Division, its Faculty Legislature, or the Senate Assembly. [Senate Bylaw 40B]
  4. Right to a Hearing.

    In accordance with the Standing Orders of The Regents each member of the Division has the privilege of a hearing by the appropriate council(s) or committee(s) of the Division on any matter relating to personal, departmental, or University welfare. In the interpretation of this provision the Committee on Privilege and Tenure shall determine its own jurisdiction subject to the Bylaws of the Academic Senate. The jurisdiction of other councils or committees shall be determined by the Committee on Rules, Jurisdiction and Elections, subject to appeal to the Faculty Legislature. (Am 30 May 02)
  5. Selection of Committees.

    Unless otherwise specified, the Divisional Committee on Committees shall select the chair, vice chair, and members of all standing and special councils and committees of the Division, and the faculty representative to the Executive Committee of the Legislative Council of the Associated Students.
  6. Composition of Committees.

    Each member of a council or committee of the Division must be a member of the Division. Except as otherwise provided in these Bylaws, councils and committees may be constituted of any combination of ex officio, elected, or appointed members. Ex officio members may not vote but otherwise exercise the same powers as other members, unless limitations are imposed when the committee is established. Non-Senate academic representatives may be appointed by the Committee on Committees and student representatives may be appointed by the Associated Students and the Graduate Students Association, as indicated in the Bylaws governing each council and committee. Representatives may not vote, but they, as well as ex officio members, may have their opinions recorded separately in the record of the meetings. Members of systemwide committees are normally appointed as members of the corresponding divisional committees. If any member of a systemwide committee has not been appointed as a regular member of the corresponding divisional committee, he or she shall automatically be appointed as an ex officio member. [See Senate Legislative Ruling U12.75, Appendix II] (Am 30 May 02; Am 23 Oct 03)
  7. Term of Members of Standing Councils, Committees, and Faculties.

    Unless otherwise specified, each member serves from September 1 through August 31 of the following year, or from the date of appointment in the case of a replacement.
  8. Tenure of Special and Ad Hoc Committees.

    The tenure of a special or an ad hoc committee extends until the committee has been discharged by the agency that established it.
  9. Consultants to Committees.

    A committee may co-opt ad hoc non-voting consultants; however, the appointment of consultants in matters referred to the committee by the President, the Chancellor, or other administrative officer is subject to his/her approval. [See Senate Legislative Ruling U12.75, Appendix II]
  10. Due Process by Councils and Committees Considering Petitions of Students.

    In order to ensure due process, a committee to which a student petition is referred [See Bylaw 185.A8] shall provide a fair proceeding for the student as determined by the Chair of the Division. [See Divisional Regulation 25, and Appendix V for procedures dealing with student appeals] (En 14 Apr 77; Am 22 Apr 99)
  11. Conflict of Interest.

    Members of divisional councils, committees, sub-committees, and work groups (hereafter all referred to as “committee”) must be aware that professional judgments made in committee work may be compromised or may appear to be compromised by a conflict of interest. Any member of a committee who thinks they have a conflict of interest must inform the Chair (or the Vice-Chair if there is a potential conflict of interest on the part of the Chair) thereof. Any member of a committee who thinks another member has a conflict of interest should inform the Chair (or Vice-Chair) thereof. The Chair (or Vice-Chair) then discusses the issue with the member with the potential conflict. The member with the potential conflict may choose to limit their participation up to and including full recusal. Any party may consult the Divisional Chair (or Vice-Chair) for advice. In the absence of agreement between the member and the Chair (or Vice-Chair) on the appropriate actions, the Chair (or Vice-Chair) shall inform the Divisional Chair (or Vice-Chair), who shall make the final determination as to what actions are appropriate. (En 7 Jun 18)

40. Faculties [See Bylaws of Faculties, Appendix I]

  1. Powers and Duties.

    1. The government and supervision of each college and school at Santa Barbara is vested in the Faculty concerned, except that undergraduate programs and all graduate study and higher degrees shall be administered in accordance with the rules and coordinating powers of the Undergraduate and Graduate Councils. [See Bylaws 75D and 115D] (Am 30 May 02)
    2. A Faculty may delegate portions of its authority to its committees or executive officers. [See Senate Bylaw 50D and Divisional Legislative Ruling D1.93.A, Appendix II; for more on Faculty Executive Committees, see Appendix I, Bylaws of Faculties Responsible to the Divisional Academic Senate: Bylaws of the Faculty of the College of Creative Studies, section 2(4); Bylaws of the Faculty of the College of Engineering, section 2(5); Bylaws of the College of Letters and Science, section 2(4); Bylaws of the Graduate School of Education, section 2(4); and Bylaws of the Bren School of Environmental Science and Management, section 2(4)] (Am 22 Apr 99)
    3. In individual cases of minor curricular adjustments a Faculty may approve petitions of students to graduate under suspension of Divisional or Senate Regulations.
    4. Final responsibility for approving on behalf of the Santa Barbara Division the award of degrees, certificates, and honors at Graduation rests with the Faculty concerned, or with the Graduate Council in the case of higher degrees. This duty may be delegated to a committee or administrative officer. The list of persons approved for degrees or credentials is filed with the Vice Chair/Secretary of the Division by the Registrar.
    5. In the exercise of its jurisdiction over scholastically disqualified undergraduate students, a Faculty may suspend the regulations regarding dismissal, or specify conditions for such suspension, and may permit students dismissed under these regulations to return to the University.
    6. Agencies and administrative officers empowered by a Faculty to exercise its authority to administer or suspend regulations regarding graduation and scholastic disqualification shall report periodically to the Faculty concerning the discharge of their responsibility.
  2. Membership.

    The membership of each Faculty is determined by the Bylaws of the Division, and includes the following persons only:
    1. The President of the University,
    2. The Chancellor at Santa Barbara,
    3. The chief administrative officer of the college or school,
    4. All members of the Division who are members of departments assigned to the college or school,
    5. Such other members of the Senate as are specified in the Bylaws of the Division. [See Senate Bylaw 45]
  3. Voting Eligibility.

    Only voting members of the Senate are eligible to vote in the Faculties of which they are members. [See Senate Bylaw 45; Senate Legislative Ruling U12.75, Appendix II]
  4. Organization of Faculties.

    Subject to the supervisory and coordinating powers of the Divisional Committee on Rules, Jurisdiction and Elections, and to the provisions of Divisional and Senate legislation, each Faculty may organize, select its officers and committees, and adopt procedural legislation. The Dean of the college or school is an ex officio member of the Executive Committee of the Faculty [See Divisional Legislative Ruling D1.93.A, Appendix II; Appendix I, Bylaws of Faculties Responsible to the Divisional Academic Senate: Bylaws of the Faculty of the College of Creative Studies, section 2(4); Bylaws of the Faculty of the College of Engineering, section 2(5); Bylaws of the College of Letters and Science, section 2(4); and Bylaws of the Graduate School of Education, section 2(4)], but he/she is not eligible to serve as Chair of the Faculty or of the Executive Committee. The Chair of the Faculty and members of the Executive Committee shall be selected by the Faculty. [See Senate Bylaw 50C]
  5. Recommendations by Faculties.

    Except as provided in Bylaw 10B, each Faculty may present to the Faculty Legislature recommendations and proposed modifications of Divisional legislation. The Faculty Legislature or the Divisional Chair may from time to time impose specific duties on a Faculty. [See Senate Bylaw 50D] (Am 11 Feb 71)

Section 3: Standing Councils and Committees

45. Faculty Legislature

  1. Purpose.

    The Faculty Legislature acts for the Division in all Senate matters; it is the only body that may vote on legislation.
  2. Membership.

    The Faculty Legislature consists of:
    1. The following ex officio members: the Divisional Vice Chair/Secretary, the Parliamentarian, the Chancellor, and the members of the Executive Council. Ex officio members have no voting privilege.
    2. The Divisional Chair, who is chair of the Faculty Legislature and the elected Divisional Representatives to the Assembly as at-large members.
    3. Members elected by Constituencies: The Senate members of each Department and Program shall constitute a duly established committee of the Santa Barbara Division solely to provide a Constituency from which representatives to the Faculty Legislature are elected. All Senate members shall be represented by a Constituency, and are entitled to nominate, vote, and serve as representatives for their Constituency. The election procedure shall be determined by each Constituency and shall be overseen by the chair (or delegate) of the Department/Program; the right of any member to require a secret ballot shall be respected.

      Representatives to the Faculty Legislature shall be apportioned to each Constituency on the basis of one representative for every 20 Full Time Equivalent (FTE) Senate members. All Senate members, including emeriti/ae, are included in the apportionment number, excepting those emeriti/ae who have notified the Senate office that they do not wish to be included.

      The Constituency of each College or School lacking a Department shall have a minimum of one representative to the Faculty Legislature.

      Constituencies of smaller Departments and Programs that do not numerically qualify for representation by the above formulation shall be entitled to one representative every second year.

      Reapportionment shall be examined by the Committee on Rules, Jurisdiction and Elections periodically (at least every three years), or on call by any Senate member.

      Should a Constituency be unable to fill a representative vacancy for any reason, the Committee on Committees shall appoint a member from the same Area [See 45C].

      No time limit is established for length of service as a Constituency representative.

      At the start of every academic year, each member shall select an alternate legislator (alternate) who agrees to attend Faculty Legislature meetings and act on behalf of the member when the member is unable to attend a meeting. The member shall report the name of the alternate to the Executive Director of the Senate upon selection every year. The alternate must be a Senate member from the same constituency as the member. If a member cannot attend a Faculty Legislature meeting, he or she shall inform both the alternate and the Executive Director of the Senate. Alternates have the same rights in the Faculty Legislature as regular members. (Am 3 Nov 05)
    4. Representatives as follows:
      1. Seven representatives from non-Senate academic appointees (with greater than 50% appointments) who have been elected at large;
      2. The President, Vice President for Academic Affairs, and one other designated officer of the Graduate Students Association;
      3. The President, two Vice Presidents, and one other designated member of the Associated Students Legislative Council.
  3. Campus Areas.

    Four Campus Areas are defined as:
    • Area I, Professions (Education [all departments], Engineering [all departments], Military Science, School of Environmental Science and Management)
    • Area II, Fine Arts and Humanities (Art, Classics, Dramatic Art & Dance, East Asian Languages, English, Film Studies, French & Italian, Germanic, Slavic & Semitic Studies, History, History of Art and Architecture, Linguistics/ESL, Music, Philosophy, Religious Studies, Spanish & Portuguese, Writing Program)
    • Area III, Social Sciences (Anthropology, Asian American Studies, Black Studies, Chicano Studies, Communication, Economics, Exercise and Sport Studies, Political Science, Sociology, Women's Studies)
    • Area IV, Sciences (Biochemistry & Molecular Biology, Biological Sciences [Ecology, Evolution & Marine Biology, and Molecular, Cellular & Developmental Biology], Chemistry & Biochemistry, Environmental Studies, Geography, Earth Science, Mathematics, Physics, Psychology, Speech & Hearing Sciences, Statistics & Applied Probability)
  4. Quorum.

    A quorum shall be 20 members, including at least 18 Constituency representatives [See 45B3].
  5. Duties.

    Except as otherwise provided in these Bylaws, the Faculty Legislature acts finally for the Division on all matters requiring action by the Division. At its discretion, the Faculty Legislature may refer any such matters to a meeting of the Division for consideration. In carrying out its work, the Faculty Legislature may adopt such rules or procedures as deemed necessary and consonant with the Bylaws of the Senate and the Division.
  6. Meetings.

    The Faculty Legislature meets at least four times during the academic year on a schedule to be announced at the beginning of the academic year by the Chair of the Division. Special meetings may be called by the Chair of the Division and must be called on the written request of ten voting members of the Division. Scheduled meetings may be canceled by the Chair for lack of business. Emergency meetings may be called in accordance with Divisional Bylaw 170B and C. The order of business at all meetings is governed by Divisional Bylaw 180. Agenda and minutes conform to Divisional Bylaw 185. For due notice see Divisional Bylaw 170C. (Am 22 Apr 99)
  7. Privilege of the Floor.

    Members of the Division who are not Legislators and the Representatives have the privilege of the floor. Members of the Division may make motions but not second them or vote.
  8. Ballot Referral.

    At the request of 25 members of the Division, submitted in writing to the Divisional Secretary within five days after the circulation of the minutes of a Faculty Legislature meeting, any action of the Faculty Legislature shall be submitted to a ballot. If 50 members of the Division so request, as provided above, the Faculty Legislature action shall remain without force until confirmed by a ballot of the Division. The results of any such referendum are conclusive, and the matter may not be reconsidered during the same academic year unless reconsideration is authorized by another referendum. [See Divisional Legislative Ruling D4.72, Appendix II] (En 11 Feb 71; ratified by mail ballot 10 Mar 71; Am Feb 98; Am 22 Apr 99; Am 30 May 02; Am 31 Oct 02)

50. The Executive Council

  1. Purpose.

    To ensure optimal conditions for the conduct of Senate work; identify and consider issues requiring Senate deliberation; and to act for the Division in certain circumstances.
  2. Membership.

    The Divisional Chair and Vice Chair/Secretary, who are also Chair and Vice Chair of the Executive Council; the chairs of the Councils and the Committees on Senate Effectiveness, and Diversity and Equity, and the three Divisional Representatives to the Assembly. The quorum for the Executive Council is five (5) members.
  3. Duties.

    The Council:
    1. regulates and oversees the work of standing committees of the Senate; requests committees of the Senate to investigate and report to the Executive Council or to the Faculty Legislature on any matter within the Senate’s jurisdiction; refers items to the appropriate councils and committees, including petitions of students.
    2. approves the agenda for Faculty Legislature meetings.
    3. except as provided in Divisional Bylaw 105B 5, acts on appeals of decisions of councils and committees when those decisions are made on behalf of the Division.
    4. acts for the Division on any matter except legislation when the Faculty Legislature is unable to meet within 30 days of a council or committee action requiring approval by the Faculty Legislature. All such actions are subject to ratification at the next Faculty Legislature meeting, and may be appealed to the Faculty Legislature.
    5. approves operating procedures of the various committees and councils of the Senate.
    6. receives and acts on reports from the Committee on Senate Effectiveness.
    7. annually, makes nominations for open positions of Divisional Representatives to the Assembly. (En 30 May 02)

55. Divisional Representatives to the Senate Assembly

  1. Divisional Representatives are elected by the Division in accordance with Senate Bylaw 105.A.4. More nominations than there are vacancies are made annually by the nomination principals: the Executive Council and the Committee on Committees. No ex officio member of the Assembly may be a Representative. [See Senate Bylaw 105A2]
  2. Alternate Representatives are appointed by the Divisional Chair in consultation with the Committee on Committees to serve when the elected representatives cannot attend. (Am 3 Nov 05)
  3. Duties.

    1. Divisional Representatives to the Assembly represent the Division in all Assembly business and report to the Faculty Legislature regarding the work of the Senate Assembly. (Am 30 May 02)
    2. Divisional Representatives are also members of the Executive Council and voting members of the Faculty Legislature. [See Divisional Bylaw 50B and 45B2, respectively] (Am 3 Nov 05)

60. Council on Faculty Welfare, Academic Freedom, and Awards

  1. Purpose.

    To study and make recommendations on any matter of faculty or broader campus community welfare and academic freedom, and to reward excellence in research and teaching.
  2. Membership.

    Members are selected to ensure appropriate representation of the campus’ diversity of faculty and emeriti/ae, with representation based on the apportionment of the Faculty Legislature as much as possible. The Council consists of at least ten (10) Academic Senate members, two (2) of whom are emeriti/ae. The Council Chair and Vice Chair are appointed by the Committee on Committees from among the members. In addition, there is one non-Senate academic, one undergraduate and one graduate student representative, appointed by the Committee on Committees, Associated Students, and the Graduate Student Association, respectively. One member is appointed each to the University Committee on Faculty Welfare and University Committee on Academic Freedom by the Committee on Committees. The Chair is a member of the Executive Council.
  3. Organization.

    The Council on Faculty Welfare, Academic Freedom, and Awards consists of three standing subcommittees and any number of ad hoc committees. The Council Chair, in consultation with the membership, shall appoint any number of individuals or ad hoc committees in response to Administrative or joint Administrative/Senate Committee needs, and within the Council’s purview, e.g., the Parking and Transportation Committee. In so doing, the Chair may consult with the Committee on Committees. Individuals may be appointed from the general Senate membership as necessary. Members so appointed report to the Council. Membership of the standing committees is selected by the chair. The Chairs of the standing committees are appointed from the Council members by the Council Chair in consultation with the Council Vice Chair. The Council and its standing committees may invite consultants and guests to meetings as deemed appropriate. The standing committees are as follows:

    1. Executive Committee, consisting of the Council Chair, Vice Chair, the subcommittee chairs, and systemwide committee representatives, if different;
    2. Committee on Academic Freedom, composed of a Chair and four (4) Council members;
    3. Committee on Emeriti/ae and Retirement, consisting of a Chair, who is emeritus/a, and three (3) members, one of whom is also emeritus/a.

    In addition there shall be at least two ad hoc committees dealing with awards:

    1. The Committee on Faculty Research Lecturer, consisting of at least three past recipients of the award and one Council member, to recommend annually the recipient of the Research Lectureship;
    2. The Committee on Distinguished Teaching, consisting of seven members, two of which are past recipients of the award and one Council member, to recommend annually the recipients of the Distinguished Faculty Teaching Awards.
  4. The Council Vice Chair will coordinate the administration of the award programs. (Am 22 Apr 04)

  5. Duties.

    The Council:
    1. advises the Division on matters concerned with faculty welfare, including economic, health and safety issues, matters that affect the conditions of employment, and changes to the retirement system; consults administrative officers as appropriate.
    2. initiates studies or makes recommendations with respect to any conditions within or without the Division which may affect academic freedom.
    3. oversees maintenance of current, centralized demographic records of all emeriti/ae members of the Division.
    4. maintains communication with emeriti/ae to ascertain and make known to the Division and the Administration their interests and needs, and facilitates continued contribution to the University by emeriti/ae.
    5. formulates for the Division a position on cultural and educational ties to the greater community; advises the Senate on matters relating to the intellectual links between the campus and the surrounding community; provides a Senate response to matters of campus community functions not otherwise in the purview of existing Senate committees.
    6. promotes research excellence and teaching effectiveness in coordination with the Council on Research and Instructional Resources. Determines major campus awards, such as the annual Research Lectureship and Distinguished Teaching awards, the latter as approved by the Faculty Legislature in April 1976 and amended in January 1999. (En 30 May 02)

65. Council on Research and Instructional Resources

  1. Purpose.

    To promote an optimal research and educational environment, to manage Senate resources and provide advice in a manner that fosters quality and diversity of research and instructional programs.
  2. Membership.

    Members are selected to ensure appropriate representation of the diversity of research, the apportionment within the faculty legislature, and instructional efforts at Santa Barbara. The Council consists of at least eighteen (18) Senate members. In addition, there is one non-Senate academic representative appointed by the Committee on Committees from each group as follows: lecturers, professional researchers, and librarians. There is one graduate and one undergraduate student representative, appointed by the Graduate Student Association and Associated Students, respectively. Additional student representatives may be appointed to the standing committees. The Council Chair and Vice Chairs are appointed by the Committee on Committees. One member is appointed each to the Universitywide Committees on Research Policy, on Academic Computing and Communications, and on Library and Scholarly Communication. The Chair is a member of the Executive Council.
  3. Organization.

    The Council on Research and Instructional Resources consists of five standing committees, and any number of ad hoc committees. In addition, the Council Chair, in consultation with the membership, shall appoint any number of individuals or ad hoc committees in response to Administrative or joint Administrative/Senate Committee needs, and within the Council’s purview. In so doing, the Chair may consult with the Committee on Committees. Individuals may be appointed from the general Senate membership as necessary. Members so appointed report to the Council. Membership of the standing committees is selected by the Chair. The Chairs of the standing committees are appointed from the Council members by the Council Chair in consultation with the Council Vice Chair. The Council and its standing committees may invite consultants and guests to meetings as deemed appropriate. The standing committees are as follows:
    1. Executive Committee, consisting of the Council Chair, Vice Chair, the subcommittee chairs, and the representatives to systemwide committees, if different;
    2. Committee on Research Policy and Procedures consisting of a Chair and at least five (5) Council members; the Vice Chancellor of Research serves ex-officio;
    3. Committee on Library, Information and Instructional Resources consisting of a Chair and at least five (5) Council members; the University Librarian and Director of Instructional Development serve ex-officio;
    4. Committee on Information Technology, consisting of a Chair and at least five (5) Council members, two of whom are appointed members of the UCSB Information Technology Council; the Chief Information Officer serves ex-officio;
    5. Committee on Faculty Research Grants, co‐chaired by the Council Chair and Vice Chair, and consisting of all Council members and a small number of additional Senate members to be appointed by the Committee on Committees at the request of the co‐chairs. (Am 22 Apr 04; Am 22 Sept 19)
  4. Duties.

    The Council:
    1. formulates a Senate position on all matters pertaining to research, teaching, and information technology in the Division;
    2. determines policy pertaining to research funds allocated to the Council; administers and allocates its funds according to established policy; determines recipients of faculty research grants and recommends the recipients of major instructional improvement/assessment grants;
    3. advises the Chancellor and informs the Division of budgetary need for support of research and research travel and of the development, budgetary needs and management of instruction and information technology for instruction and research in the Division;
    4. makes recommendations on the regularly scheduled reviews of organized research units; reviews and makes recommendations on proposals regarding organized research units;
    5. acts for the Division in all matters of Library policy and administration and advises the Chancellor and the Division accordingly; reviews and makes recommendations concerning the print, electronic, space and growth needs of the Library; participates in administrative reviews of the Library and formulates recommendations to the Chancellor, the Division and the Council on Planning and Budget as appropriate;
    6. participates in reviews of units administering computing and instructional resources and makes recommendations accordingly; maintains liaison with the Office of Information Technology;
    7. maintains liaison with the Universitywide Committees on Information Technology and Telecommunications Policy, Library, and Research Policy; coordinates with the Council on Planning and Budget where annual budgetary and resource allocation issues are concerned. (En 30 May 02; Am 22 Sept 19)

70. Council on Planning and Budget

  1. Purpose.

    To initiate, coordinate and implement academic planning that promotes the quality and diversity of the academic experience; provide advice on the campus budget, capital planning and allocations of resources and space.
  2. Membership.

    Members are selected to ensure appropriate representation from all colleges and schools, with representation based on the apportionment of the Faculty Legislature as much as possible. The Council consists of at least sixteen (16) Senate members with vote, appointed by the Committee on Committees. In addition, there is one undergraduate and one graduate student representative appointed by the Associated Students and the Graduate Student Association, respectively. Additional student representatives may be appointed to the standing committees. The Chair and Vice Chair are designated by the Committee on Committees. One member shall be appointed to the Universitywide Committee on Planning and Budget by the Committee on Committees. The Chair is a member of the Executive Council.
  3. Organization.

    The Council on Planning and Budget consists of four standing committees and any number of ad hoc committees. The Council Chair, in consultation with the membership, shall appoint any number of individuals or ad hoc committees in response to Administrative or joint Administrative/Senate Committee needs, and within the Council’s purview, e.g., the Design Review Committee. In so doing, the Chair may consult with the Committee on Committees. Individuals may be appointed from the general Senate membership as necessary. Members so appointed report to the Council. Membership of the standing committees is selected by the Chair. The Chairs of the standing committees are appointed from the Council members by the Council Chair in consultation with the Council Vice Chair. The Council and its standing committees may invite consultants and guests to meetings as deemed appropriate. The standing committees are as follows:
    1. Executive Committee, consisting of the Council Chair, Vice Chair, the Chairs of the standing subcommittees, and the Universitywide Committee on Planning and Budget representative, if different;
    2. Committee on Capital and Space Planning, consisting of a Chair and four (4) members of the Council plus three (3) members appointed to the Design Review Committee;
    3. Committee on Academic Planning and Resource Allocation, consisting of a Chair and four (4) Council members. The Associate Vice Chancellor of Budget and Planning serves ex officio;
    4. Committee on Development & Community Relations, comprises a Chair and four (4) Council members. (Am 22 Apr 04)
  4. Duties.

    The Council:
    1. in consultation with the Chancellor, initiates, coordinates and implements academic planning, taking into consideration the results of programmatic reviews and maintaining liaison with the Undergraduate and Graduate Councils.
    2. confers with and advises the Chancellor and the Division on policy regarding physical planning, budget, and resource allocation, both on an annual and long range basis.
    3. advises the Chancellor and the Senate Chair on the budgetary process and annual resource allocations to the various campus units. In deliberations concerning academic resource allocation the Council has responsibility to ensure appropriate consideration of campus diversity policies and to ensure compliance with approved campus academic plans.
    4. acts for the Division in the reviews of administrative units at UCSB as directed by the Executive Council.
    5. articulates a Senate position on campus space-use, ensuring appropriate design for instructional purposes, and evaluates building projects at their proposal, planning, and building stages; considers the impacts of administrative proposals and recommendations that may significantly affect the quality of the campus environment; recommends a campus 5-year plan for capital projects.
    6. works with the administration to ensure that development procedures and policies address academic goals and needs; provides advice on all acquisitions and expenditures of funds that have academic implications.
    7. articulates a Senate position regarding Development fundraising, with particular regard to the acquisition and expenditure of funds that have academic implications, either direct or indirect.
    8. advises the Chancellor and the Division on off-campus land-purchase/use and the planning thereof. (En 30 May 02)

75. Graduate Council

  1. Purpose.

    To set standards for and policy on graduate education; to ensure the viability and quality of graduate programs, and to provide advice and consent on all matters of policy, planning, programs, and practice that impact the quality and diversity of UCSB’s graduate students and their educational experience.
  2. Membership.

    Members are selected to ensure appropriate representation of the graduate curricula offered by departments, colleges, schools and interdepartmental programs at Santa Barbara, with representation based on the apportionment of the Faculty Legislature as much as possible. The Council consists of fifteen (15) Senate members with vote, appointed by the Committee on Committees. The Dean of the Graduate Division serves ex officio. In addition there is one graduate student representative appointed by the Graduate Student Association. Additional graduate student representatives may be appointed to the standing committees. The Chair and Vice Chair are designated by the Committee on Committees. One member is appointed to the Coordinating Committee on Graduate Affairs by the Committee on Committees. The Chair is a member of the Executive Council.
  3. Organization.

    The Graduate Council consists of four standing committees, and any number of ad hoc committees. In addition, the Council Chair, in consultation with the membership, can appoint any number of individuals or ad hoc committees in response to Administrative or joint Administrative/Senate Committee needs, and within the Council’s purview. In so doing, the Chair may consult with the Committee on Committees. Individuals may be appointed from the general Senate membership as necessary. Members so appointed report to the Council. Membership of the standing committees is selected from the Council members by the Council Chair. The Chairs of the standing committees are appointed by the Committee on Committees in consultation with the Council Chair and Vice Chair. The Council and the subcommittees may invite consultants and guests to meetings as deemed appropriate. The subcommittees are as follows:
    1. Executive Committee, consisting of the Council Chair, Vice Chair, Chairs of the standing subcommittees and the Coordinating Committee on Graduate Affairs Representative, if different;
    2. Committee on Program Review, consisting of a Chair and five (5) Council members;
    3. Committee on Graduate Funding and Fellowships, consisting of a chair and four (4) Council members;
    4. Student Affairs Committee, consisting of a Chair, two (2) Council members and one graduate student representative. The Vice Chancellor for Student Affairs serves ex officio. (Am 22 Apr 04)
  4. Duties.

    The Council:
    1. makes policy for graduate education at UCSB and discharges duties in accordance with the stipulations of Senate Bylaw 330.
    2. makes recommendations to the Senate Coordinating Committee on Graduate Affairs, subject to approval by the Santa Barbara Faculty Legislature, concerning new programs for existing higher degrees and the establishment of new higher degrees.
    3. except as in 110.D2, authorizes, supervises and regulates all graduate courses and graduate programs of instruction except such courses and programs as have been exempted by action of the Regents. In discharging this duty the Council shall maintain liaison with the Undergraduate Council.
    4. periodically reviews and evaluates all graduate programs of study in coordination with the Undergraduate Council and the Program Review Panel.* In addition to working with the Program Review Panel process, the Council has authority to conduct special or unusual reviews of any aspect of graduate programs or training. If the Graduate Council judges after a review of a graduate program that it should be discontinued, it initiates proposals to that effect, according to established procedures.
    5. approves, on behalf of the Division, the award of higher degrees, authorizing such minor suspensions of the regulations as are advisable.
    6. develops a Senate position on the allocation of Graduate Division graduate student support funds and recommends the award of all fellowships and graduate scholarships and prizes. Annually, determines the Outstanding Teaching Assistant Award.
    7. advises the Council on Planning and Budget on budgetary issues related to graduate education, and the Council on Research and Instructional Resources on research, Library, technical and instructional needs for graduate education.
    8. considers any graduate student policy issue or relevant aspect of student affairs insofar as these have educational implications or may affect the academic quality of the institution; advises the Graduate Division and the Chancellor on any such issue. In carrying out this function, the Council shall coordinate with the Undergraduate Council.
    9. consistent with Senate Bylaws 20 and 330C, the Graduate Council may delegate to the Dean of the Graduate Division routine administrative decisions related to the regulations and policies of the Graduate Council and other matters to its committees or executive officers [See Divisional Regulation 250A]. The Graduate Council will monitor and review these delegated decisions on an annual basis, and revise its delegation guidelines accordingly. (Am 22 Apr 99; Am 2 Nov 00)

*The Graduate Council delegates to the program Review Panel the conduct of regular, periodic program reviews. The original delegation is recorded in a memorandum, dated March 5, 1982, from Vice Chancellor Robert Michaelson, and is included as Appendix VI in this Manual. The guidelines for the conduct of reviews are approved by both the Graduate Council and the Administration. The delegation and guidelines are subject to review by the Graduate Council. (Am 30 May 02)

80. Undergraduate Council

  1. Purpose.

    To set standards for and policy on undergraduate education and to provide advice and consent on all matters of policy, planning, and practice that impact the quality of undergraduate programs and undergraduate students’ educational experiences at UCSB.
  2. Membership.

    Members are selected to ensure broad representation of the academic departments, colleges, professional schools and inter-departmental programs that offer undergraduate curricula. The Council consists of at least twelve (12) Senate members with vote, appointed by the Committee on Committees. In addition, there is one non-Senate academic representative with the title of Lecturer, appointed by the Committee on Committees, and one undergraduate and one graduate student representative, appointed by the Associated Students and the Graduate Student Association, respectively. The Council Chair and Vice Chair are designated by the Committee on Committees. One member is appointed to the Universitywide Committee on Educational Policy by the Committee on Committees. The Chair is a member of the Executive Council.
  3. Organization.

    The Council Chair, in consultation with the membership, shall appoint any number of individuals or ad hoc committees in response to Administrative or joint Administrative/ Senate committee needs. In so doing, the Chair may consult with the Committee on Committees. Individuals may be appointed from the general Senate membership as necessary. Members so appointed report to the Council. The Council may invite consultants and guests to meetings as deemed appropriate. (Am 22 Apr 04)
  4. Duties.

    The Council:
    1. in consultation with the Committee on Courses and General Education, Committee on Admissions, Enrollment and Relations with Schools, Faculty Executive Committees, and sometimes the entire Faculty, makes policy for undergraduate education at UCSB, including Off Campus Studies and the Washington Center, and advises the Chancellor and the Division on all matters pertaining to undergraduate education.
    2. recommends to the Faculty Legislature undergraduate programs leading to existing and new degrees; may suspend or withdraw approval of undergraduate curricula subject to appeal to the Faculty Legislature; authorizes, supervises and regulates all departmental undergraduate academic programs of instruction; promotes and encourages academic enrichment, including educational diversity and innovation; acts for the Division in the approval or discontinuation of undergraduate minors. In discharging these duties, the Undergraduate Council shall maintain liaison with the Committee on Admissions, Enrollment and Relations with Schools, Committee on Courses and General Education, Graduate Council, the Faculty Executive Committees, and UCSB Extension.
    3. promotes excellence in teaching and instruction and recommends policy on instructional resources to the Council on Research and Instructional Resources.
    4. periodically reviews and evaluates all undergraduate programs of study, including general education, in coordination with the Graduate Council and the Program Review Panel.* In addition to working with the Program Review Panel process, the Council has authority to conduct special or unusual reviews of any aspect of undergraduate programs or training. If the Council judges after a review of a program that it should be modified or discontinued, it initiates proposals to that effect, according to established procedures.
    5. sets standards for honors, reviews campus honors programs, and recommends procedures for awards of undergraduate scholarships and unallocated prizes; recommends to the Chancellor the award of undergraduate scholarships and unallocated prizes according to the terms of donors and Senate policy; provides general supervision over the award of prizes.
    6. considers any student policy issue or relevant aspect of student affairs insofar as these have educational implications or may affect the academic quality of the institution. Council considers these with the purpose of advising student affairs officers and formulating recommendations to the Faculty Legislature or the Associated Students’ Senate (the former if involving faculty, the latter if involving students).
    7. advises the Council on Planning and Budget on budgetary issues related to undergraduate education.
    8. consistent with Senate Bylaw 20 and Senate Bylaw 330 (C), the Undergraduate Council may delegate to Executive Committees and administrators routine administrative decisions related to the regulations and policies that fall within its purview [see Divisional Regulation 250A]. The Undergraduate Council will monitor and review these delegated decisions on a regular basis, and revise its delegation guidelines accordingly. (En 30 May 02; Am 10 May 07; Am 17 Oct 2013)

*The Undergraduate Council delegates to the Program Review Panel the conduct of regular periodic program reviews. The guidelines for the conduct of programmatic reviews are approved by the Undergraduate Council and the Administration. The delegation and guidelines are subject to review by the Undergraduate Council.

85. Committee on Academic Personnel

  1. Purpose.

    To equitably evaluate and report recommendations on proposed academic personnel actions.
  2. Membership.

    This committee consists of at least eight members, including a chair and vice chair. One Committee member is appointed to the University Committee on Academic Personnel by the Committee on Committees.
  3. Duties.

    The Committee:
    1. makes recommendations to the Chancellor on behalf of the Santa Barbara Division regarding academic appointments, changes in and within rank, salaries, and related support funds.
    2. maintains liaison with the Council on Planning and Budget.
    3. makes an annual report which shall include the extent to which its recommendations in each of its areas of responsibility have been accepted by the University administration. (Am 30 May 02)

87. Committee on Admissions, Enrollment and Relations with Schools

  1. Purpose.

    To set standards and criteria for undergraduate admissions and monitor campus efforts to recruit and enroll an excellent and diverse undergraduate student body.
  2. Membership.

    Members are selected to ensure broad representation of the academic departments and colleges that offer undergraduate curricula. The Committee consists of at least eight (8) Senate members with vote, appointed by the Committee on Committees. The Director of Admissions serves ex officio. One undergraduate student representative is appointed by the Associated Students. The Committee on Committees designates the chair and appoints one member to the Board of Admissions and Relations with Schools. The Committee may invite consultants and guests to meetings as deemed appropriate.
  3. Organization.

    The Committee on Admissions, Enrollment, and Relations with Schools (CAERS) is a standing committee with one subcommittee, the Athletic-Admissions Review Committee. The Chair of CAERS, in consultation with the membership, shall appoint any number of individuals or ad hoc committees in response to Administrative or joint Administrative/Senate Committee needs, and within the Committee’s purview. In so doing, the Chair may consult with the Committee on Committees. Individuals may be appointed from the general Senate membership as necessary. Members so appointed report to the Committee. The subcommittee is as follows:

    Athletic-Admissions Review Committee (AARC), consisting of at least three (3) Senate members with vote, appointed by the Committee on Committees. At least one member of the AARC shall be chosen from the CAERS membership, and will serve as chair. The Director of Admissions and the Chancellor’s Faculty Athletics Representative serve ex-officio.
  4. Duties.

    The Committee:
    1. ensures compliance with UC admissions policy, develops campus admissions policy and determines criteria for undergraduate admissions.
    2. advises the Division and the administration regarding policy and practices related to admissions, access, enrollment, and relations with schools.
    3. requests the development of and analyzes institutional data needed to fully inform decisions.
    4. maintains liaison with the Board of Admissions and Relations with Schools and the Campus Enrollment Committee.
    5. supervises the Athletic-Admissions Review Committee.

(En 17 Oct 13; Am 9 Jan 20)

90. Committee on Committees

  1. Purpose.

    To appropriately staff Senate councils and committees, and to recommend individuals or slates for other committees as requested.
  2. Membership.

    The committee consists of seven elected members; the chair is a member and is chosen by the committee. Each member is elected for a two-year term and may not be re-elected immediately. The members are elected based on the following academic areas:
    • College of Letters & Science Mathematical, Life, and Physical Sciences Division and Donald Bren School of Environmental Science and Management: 2 members
    • College of Letters & Science Social Sciences Division and Gevirtz Graduate School of Education: 2 members
    • College of Letters & Science Humanities and Fine Arts Division and College of Creative Studies: 2 members
    • College of Engineering: 1 member

    Each academic area elects its own representatives on the committee. Either three members or four members are elected each year, on an alternating basis. The chair is a member of the Universitywide Committee on Committees. (Am 2 Jun 05)

  3. Duties.

    The Committee:
    1. appoints the chair, vice chair, and all appointed members of each standing and special council and committee of the Division and the faculty representative to the Executive Committee of the Legislative Council of the Associated Students. At the request of councils and committees, appoints members of ad hoc committees. Chairs of councils’ standing committees shall be appointed in consultation with the respective council chair. Except as otherwise specified in Divisional legislation, this committee, at the request of the committee concerned, determines the number of members appointed to each standing committee of the Division; however, standing committees may be abolished only by amendment of the Divisional Bylaws. To facilitate exchange of information, due consideration shall be given to selecting one member of the Faculty Legislature when assignments are made to major standing committees and special committees. (Am 10 Oct 85)
    2. appoints replacements for officers of the Division, Divisional Representatives in the Assembly of the Senate, and members of the Committee on Committees in case of inability to complete the prescribed term of service. [See also Senate Legislative Ruling U4.71, Appendix II, and Divisional Bylaw 195F]
    3. appoints replacements to other standing and special councils/committees of the Division upon receipt of resignation or whenever the Committee on Committees determines that vacancies exist.
    4. publishes a proposed slate of annual Divisional committee appointments prior to publication of the final slate. The annual slate of appointments shall be published sufficiently early to enable the Senate Committee on Committees to determine Universitywide appointments for the succeeding academic year.
    5. appoints divisional faculty members to fill vacancies in universitywide committees as requested by the Universitywide Committee on Committees.
    6. appoints for deceased members of the Division, and for such other persons as the Chancellor may designate, an ad hoc committee to prepare a suitable memorial for inclusion in the records of the Division.
    7. nominates committees to confer with the Chancellor at his/her request regarding the appointment of local administrative officers.
    8. fills vacancies which arise by default among elected officers and elected committees of a Faculty.
    9. confers with the Chancellor whenever and on such matters as the committee deems appropriate.
    10. names a slate of three Senate members from which the Chair of the Division will appoint an alternate for any Divisional Representative who, for any reason, is unable to attend a meeting of the Senate Assembly. [See Senate Legislative Ruling U4.71, Appendix II]
    11. appoints, for a Committee on Committees or Divisional officer vacancy when no nomination has been received for that vacancy in a regular election. Person(s) so appointed serve for the entire term. (Am 1 Jun 00)
    12. annually, makes nominations for open positions of Divisional Representative(s) to the Assembly.
    13. strives to achieve balance and fair representation of faculty constituencies when making appointments to councils and committees. The Committee shall consider balance among colleges, schools, and among divisions within the College of letters and Science in making appointments, and shall be guided by the Areas defined in Divisional Bylaw 45 C. (Am 30 May 02)

92. Committee on Courses and General Education

  1. Purpose.

    To authorize, supervise, and regulate all undergraduate courses and monitor the General Education Program.
  2. Membership.

    Members are selected to ensure broad representation of the academic departments and colleges that offer undergraduate curricula. The Committee consists of at least eight (8) Senate members with vote and one non-Senate academic representative with the title of Lecturer, all appointed by the Committee on Committees. The Chair is also designated by the Committee on Committees. There is one undergraduate and one graduate student representative, appointed by the Associated Students and the Graduate Student Association, respectively.
  3. Duties.

    The Committee:
    1. exercises final approval authority over establishment, modification, and discontinuation of all undergraduate courses, including Extension courses that may be considered for credit toward undergraduate degrees (X1-X199 and XSB).
    2. may suspend or withdraw approval of undergraduate courses subject to appeal to the Faculty Legislature.
    3. monitors the UCSB General Education Program and makes recommendations to the Undergraduate Council regarding policy on general education.
    4. exercises sole approval authority over General Education course proposals.
    5. acts on proposals for the appointment of graduate students to teach upper-division undergraduate courses.
    6. in consultation with the respective cognate department, acts on proposals to hire instructors of Extension courses that may be considered for credit toward undergraduate degrees (X1-X199 and XSB).
    7. acts on faculty requests for changes to the Final Examination Schedule published in the quarterly Schedule of Classes.
    8. maintains liaison with the Undergraduate Council, the Faculty Executive Committees, UCSB Extension, and the Committee on Admissions, Enrollment and Relations with Schools regarding overall policy matters related to undergraduate education. (En 30 Jan 14)

95. Committee on Diversity and Equity

  1. Purpose.

    To work towards attaining the campus goals of diversity and equity and actively pursue the goals of affirmative action.
  2. Membership.

    The Committee consists of a Chair and at least five (5) members appointed by the Committee on Committees. The Director of Equal Opportunity and the Director of Title IX & Sexual Harassment Policy Compliance serve as ex-officio members. In addition, there is one non-Senate academic representative, one undergraduate student, and one graduate student representative, appointed by the Committee on Committees, the Associated Students, and the Graduate Students Association, respectively. One Committee member is appointed to the Universitywide Committee on Affirmative Action and Diversity by the Committee on Committees. The Chair is a member of the Executive Council.
  3. Duties.

    The Committee promotes campus diversity and equity, ensuring the equal treatment of women, ethnic minorities, individuals of diverse sexual orientations, individuals with disabilities, and other members of the campus community. In meeting this charge, the committee may:
    1. initiate studies on campus diversity and equity, using data collected from all campus sources.
    2. formulate and disseminate recommendations on any matter influencing campus diversity and equity.
    3. address matters involving the hiring, employment, educational, and social circumstances of faculty, staff, and students. (En 8 Apr 76; Am 2 Jun 94) (En 30 May 02; Am 2 Jun 16)

100. Committee on International Education

  1. Purpose.

    To provide advice and consent on all matters of international education and exchange, including practice that impacts exchange students and scholars.
  2. Membership.

    This committee consists of a Chair and seven members appointed by the Committee on Committees. The Associate Vice Chancellor of Academic Programs serves ex officio. In addition, the Committee has one undergraduate student and one graduate student representative appointed by the Associated Students and the Graduate Students Association, respectively. One member is appointed to the Universitywide Committee on International Education. A representative to UCIE who is not a regular member of the committee shall serve as ex officio member. (Am 22 Apr 99)
  3. Duties.

    The Committee:
    1. advises the Division and the Chancellor on matters concerning:
      1. any international research and/or education program in which UCSB students and/or faculty participate.
      2. the participation of UCSB faculty and/or students in international exchange programs.
      3. the status and welfare of international students and scholars on the UCSB campus.
      4. initiates policy recommendation regarding international education programs and the status and welfare of international students and scholars at UCSB, including policies that will better serve to integrate international education into UCSB academic programs.
    2. acts for the Division with respect to the review of the administrative offices and the appointments of administrators of the various entities offering international programs.
    3. acts for the Division in the review and recommendation for proposed international exchange agreements. If undergraduate or graduate students are involved, the Committee’s decisions are informed by the Undergraduate and Graduate Councils, respectively.

    In carrying out its duties the Committee consults with the Director of the Office of International Students and Scholars, the Director of the Education Abroad Program, other Senate councils and committees, and others the Committee deems appropriate.

(En 30 May 02; Am 10 May 07)

105. Faculty Code of Conduct Charges Officer

  1. Appointment.

    The Charges Officer is appointed by the Committee on Committees for a period of one year, renewable. An alternate is similarly appointed, to address any complaint for which the Charges Officer is unavailable for any reason, including recusal based on potential conflict of interest. A Charges Advisory Committee to the Charges Officer is appointed each year by the Committee on Committees, consisting of at least 3 members. (Am 22 Apr 99, Am 1 Jun 06)
  2. Duties.

    The duties of the Charges Officer are to hear informal complaints of violation of the Faculty Code of Conduct on the part of Senate members, to undertake an informal resolution of the complaint if appropriate, and to refer complainants to other appropriate campus persons or agencies, as indicated in Appendix IV of the Manual of the Santa Barbara Division. With respect to formal complaints with potential merit, the Charges Officer shall refer the complaints to an Ad Hoc Charges Committee, which would then proceed as described in Appendix IV of the Divisional Manual. In cases where the Charges Officer believes that a formal complaint lacks merit (and the complainant disagrees) the Charges Officer shall refer the complaint to the Charges Advisory Committee, whose duty it is to evaluate the merits of the case and to recommend whether or not the complaint should be forwarded to an Ad Hoc Charges Committee for further investigation, consonant with Appendix IV of the Divisional Manual.

(En 5 May 88, Am 1 June 06) [See Senate Legislative Ruling U3.93.A-B, Appendix II]

110. Committee on Privilege and Tenure

  1. Purpose.

    To consider grievance cases, disciplinary cases and early termination cases. When called for, the Committee will conduct hearings to determine fair and equitable outcomes on matters before it.
  2. Membership.

    This committee has at least five members appointed by the Committee on Committees.
  3. Duties.

    The committee has jurisdiction over all matters affecting the privileges or the tenure of members of the Division at Santa Barbara and shall conduct hearings in individual cases. In all instances, the person whose case is being considered shall be permitted to select an advisor of his/her own choice to act as counsel, and must be accorded an opportunity to be heard in his/her own defense before a decision is rendered. [See Senate Bylaws 334-337; or Divisional Bylaws 210-225; for interpretation of term of appointment of certain personnel, see Senate Legislative Ruling U3.67.A, Appendix II]

115. Committee on Rules, Jurisdiction and Elections

  1. Purpose.

    To clarify and interpret Senate legislation and Divisional procedures.
  2. Membership.

    This committee consists of at least three members, appointed by the Committee on Committees, including the Parliamentarian. (Am 22 Apr 99)
  3. Duties.

    The Committee:
    1. exercises formal supervision over all modifications in Divisional legislation proposed by other committees or by members of the Division prior to action by the Faculty Legislature and over all Senate elections.
    2. publishes and edits the Manual of the Santa Barbara Division of the Academic Senate when necessary under the guidance of the Universitywide Committee on Rules and Jurisdiction. [See Senate Bylaw 205B]
    3. makes editorial and conforming non-substantive changes in Divisional legislation.
    4. advises the Faculty Legislature, its officers, committees, and Faculty in all matters of organization, jurisdiction, and interpretation of legislation of the Division and its agencies.
    5. adjudicates any appeal instituted by five members of the Division against an action of a Divisional committee (other than the Committee on Privilege and Tenure in the exercise of its adjudicative functions) alleged to be contrary to the Code of the Academic Senate. In such an action, the findings of the Committee on Rules and Jurisdiction must be reported to the Faculty Legislature after both sides have been heard orally or in writing.
    6. issues legislative rules interpreting the Manual of the Academic Senate upon the request of a member of the Division, such rulings to have the status of legislation until modified by legislative or Regental action. Rulings of the Committee in these matters must be published in the Call for the first regular Faculty Legislature meeting next following the Committee's decision, and all rulings of the Committee on Rules and Jurisdiction not superseded by Faculty Legislature action, shall appear in Appendix II of the Divisional Manual. [See Divisional Legislative Ruling D1.93.A, paragraph 5, Appendix II] (Am 30 May 02)

120. Committee on Senate Effectiveness

  1. Purpose.

    To review and improve the overall effectiveness of the Senate in achieving its goals of campus academic excellence and diversity.
  2. Membership.

    The Committee consists of a Chair and at least five (5) members. The members and Chair are appointed by the Committee on Committees in consultation with the Divisional Chair. The Committee Chair is a member of the Executive Council.
  3. Duties.

    The Committee:
    1. develops, validates and applies short and long-term criteria of Senate effectiveness in improving campus academic excellence and diversity.
    2. reviews and assesses annual reports from all Senate councils and standing committees according to these criteria.
    3. reviews how the Senate addresses current issues, especially those that impact multiple councils and committees (e.g., the transition of summer sessions to a regular quarter).
    4. yearly examines the structure, function, and coordination of the various Senate councils and committees in those areas where Senate effectiveness and efficiency might be improved.
    5. periodically institutes a full review of the overall staffing, structure, functions, and coordination of the Senate councils and committees.
    6. provides suggestions for improved Senate effectiveness to the Executive Council. (En 30 May 02)

Section 4. Faculties

125. Faculty of the College of Creative Studies

  1. Membership.

    This Faculty consists of:
    1. those members of the Senate specified in Divisional Bylaw 40B.
    2. all Senate members holding salaried or affiliated appointments in the College.
    3. any additional Senate members elected by the Executive Committee.
  2. Duties.

    To govern the College of Creative Studies in accordance with the provisions of Divisional Bylaw 40A. (Am 25 Oct 01; 27 May 04; 09 Mar 17)

130. Faculty of the College of Engineering

[See Bylaws of the Faculty of the College of Engineering, Appendix I, especially Section 2(5), regarding the Engineering Faculty Executive Committee]

  1. Membership.

    This Faculty includes:
    1. those members of the Senate specified in Divisional Bylaw B.
    2. a representative from each of the Engineering schools or colleges in the University may be named at the discretion of the Dean of the College of Engineering at Santa Barbara.
    3. the chair, or his/her delegated representative, from the Departments of Chemistry and Biochemistry, Mathematics, and Physics.
    4. representatives as specified below to be appointed biennially by the Chancellor at Santa Barbara in consultation with the chief administrative officer of the college or school concerned and the Dean of the College of Engineering:
      1. Two members of the Academic Senate at Santa Barbara from each of the areas: Humanities, Natural Sciences not otherwise represented, and Social Sciences.
      2. Two members of the Academic Senate from each school at Santa Barbara.
  2. Duties.

    To govern the College of Engineering subject to the provisions of Divisional Bylaw 40A.

135. Faculty of the College of Letters and Science

[See Bylaws of the Faculty of the College of Letters and Science, Appendix I, especially Section 2(4), regarding the Letters and Science Faculty Executive Committee]

  1. Membership.

    This Faculty includes:
    1. those members of the Senate specified in Divisional Bylaw 40B.
    2. the Chief Librarian at Santa Barbara.
    3. members of the Division who offer general education courses in the College curriculum.
    4. two members each from all other Divisional Faculties chosen annually by the Faculty concerned.
  2. Duties.

    1. To govern the College of Letters and Science;
    2. To administer the program of general education required of all candidates for the degrees of Bachelor of Arts, Bachelor of Science, Bachelor of Fine Arts, and Bachelor of Music, subject to the authority of the Divisional Committee on General Education;
    3. To collaborate with the other Faculties concerned in developing the programs of general education required for the Bachelor degrees offered in other colleges and schools.

140. Faculty of the Donald Bren School of Environmental Science and Management

[See Bylaws of the Faculty of the Bren School of Environmental Science and Management, Appendix I Section 2(4)]

  1. Membership.

    This faculty includes:
    1. those members of the Senate specified in Bylaw 40B.
    2. all Senate members holding an appointment greater than 0% in the Bren School.
    3. the Chair or delegated representative of the Departments of Ecology, Evolution, and Marine Biology, Economics, Environmental Studies, Chemistry and Biochemistry, Geography, Geological Sciences, and the Department of Mechanical and Environmental Engineering.
  2. Duties.

    To govern the Bren School of Environmental Science and Management subject to the provisions of Bylaw A. (En 22 Apr 99)

145. Faculty of the Graduate School of Education

  1. Membership.

    This Faculty includes:
    1. those members of the Senate specified in Divisional Bylaw 40B.
    2. members of the Division from departments other than Education whose teaching assignment during the current academic year includes courses primarily designed for credential candidates, to be appointed by the department chair concerned in consultation with the Dean of the Graduate School of Education and with the approval of the Executive Committee of the Faculty.
    3. at the discretion of the chair of the Faculty, non-voting affiliated instructors and directors may be invited to meetings of the Faculty.
  2. Duties.

    To govern the Gevirtz Graduate School of Education subject to the provisions of Bylaw 40A. (Am 23 Oct 03)

CHAPTER IV: PROCEDURES

Section 1. General Provisions

150. Uniformity of Procedures

All agencies of the Santa Barbara Division shall adhere to the procedures specified in Chapter IV whenever these procedures are applicable as determined by the Divisional Committee on Rules, Jurisdiction, and Elections.

155. Definitions

The following definitions apply to all matters within the jurisdiction of the Santa Barbara Division.

  1. Bylaws.

    Bylaws are statements that define the source of authority, membership, powers, duties, and organization of the Senate, its Divisions, and their various agencies. In essence, they are a constitution for the Senate and its component parts and express the philosophy and purpose of academic self-government and participation by the faculty in the administration of the University as stipulated in The Standing Orders of The Regents.
  2. Regulations.

    Regulations are statements that implement the routine application of the Bylaws to University matters such as admission and degree requirements and the authorization and supervision of courses, within the jurisdiction of the Academic Senate. Divisional regulations may neither modify nor conflict with Senate Bylaws or Regulations.
  3. Legislation.

    The term "legislation" denotes Bylaws and Regulations of a Senate agency.
  4. Modification of Legislation.

    The term "modification of legislation" denotes enactment of new legislation and amendment or repeal of existing legislation.
  5. Day.

    The term "day" denotes a day of instruction unless the contrary is specified. A specific exception is made for notices of meetings of the Division and the Faculty Legislature. For these notices all calendar days from the beginning of the fall term to the end of the spring term are counted; however, after a holiday or academic recess, only emergency meetings of a legislative agency may occur before the third day of instruction.
  6. Memorial to The Regents.

    The term "Memorial to the Regents" designates a declaration or petition addressed to the President for transmission to The Regents. (Am 23 Apr 98) [See Senate Bylaw 90]
  7. Memorial to the President.

    The term "Memorial to the President" designates a declaration or petition addressed to the President but not intended for transmission to The Regents.

    (Am 23 Apr 98) [See Senate Bylaw 90; Am 4/98]

160. Modification of Legislation

  1. Due Notice and Review.

    Subject to the provisions of Senate Bylaws 310 and 311, and Divisional Bylaw 10C, legislation of the Division may be modified at any meeting of the Faculty Legislature, provided that the proposed modification has been reviewed by the Divisional Committee on Rules, Jurisdiction, and Elections, and that written notice has been given at least five calendar days prior to the meeting.
  2. Requisite Majorities.

    Modifications of Divisional Bylaws requires a two- thirds affirmative vote of all voting members present at a meeting of the Faculty Legislature, but Divisional Regulations may be modified with the approval of a majority of the voting members present at such a meeting.
  3. Form of Presentation.

    All proposed legislation presented to the Faculty Legislature shall be accompanied by a statement of the purpose and effect of the proposal, including the text to be modified or adopted.
  4. Effective Date.

    Legislation becomes effective immediately following its approval by the Faculty Legislature, unless reasons for a different effective date have been submitted and accepted. [See Senate Bylaw 312.C4] (Am 22 Apr 99)

165. Suspension of Regulations

On recommendation of a committee of the Division, any Divisional regulation concerning students may be suspended in individual instances by a three-fourths vote of the voting members present at any meeting of the Faculty Legislature. (Am 11 Feb 71)

170. Meetings of the Division

  1. Scheduling of Meetings.

    The President of the Senate or Chair of the Division may call a meeting of the Division at any time during the academic year. Upon the written request of ten members of the Division to the Executive Council, a special meeting of the Division must be called by the Chair, or by the Vice Chair/Secretary in the Chair's absence or disability, to consider a request for a referendum on an action of the Senate Assembly or to discuss an announced referendum on an action by said Assembly. Upon the written request of twenty-five (25) members on any other matter, a special meeting must be called by the Chair. [See Senate Bylaw 75B; Divisional Legislative Ruling 4.72, Appendix I]
  2. Emergency Meetings.

    An emergency meeting of the Division may be called by the Chair of the Division or, in the event of his/her absence or disability, by the Vice Chair/Secretary. The Call for such a meeting shall be sent to every member of the Division at least two instructional days before the meeting. The order of business shall be that for special meetings. Legislation is not subject to modification at an emergency meeting.
  3. Due Notice.

    For meetings of the Division or the Faculty Legislature, due notice is five calendar days; for emergency meetings, it is at least two instructional days. However, after a holiday or academic recess, only emergency meetings of a legislative agency may occur before the third day of instruction. (Am 11 Feb 71; Am 22 Apr 99)

175. Divisional Quorum

Forty voting members are a quorum. (Am 11 Feb 71; Am 22 Apr 99)

180. Order of Business

The order of business at all meetings of the Division (where applicable) and the Faculty Legislature is governed by the procedures specified below.

  1. Regular Meetings.

    1. Roll Call (Faculty Legislature only)
    2. Minutes
    3. Announcements by the President and the Chancellor
    4. Announcements by the Chair and others
    5. Special Orders
    6. Reports of Special Committees
    7. Reports of Standing Committees and Faculties
    8. Petitions of Students
    9. Unfinished business
    10. University and Faculty Welfare
    11. New Business

      This order of business may be suspended by a vote of two-thirds of the voting members present.

  2. Special Meetings.

    1. Minutes: The reading of the minutes may be omitted with the approval of two-thirds of the voting members present.
    2. The special business of the occasion.
    3. Any other business authorized by unanimous consent of the voting members present.
  3. Special Orders.

    1. Consent Calendar: Items of business deemed non-controversial by the Chair of the Division may be placed under special orders in the Call as a Consent Calendar. [See Bylaw 190A]
    2. Degree Reports: Reports of degrees are a special order at any meeting to which they are presented.
    3. Annual Reports: Annual reports of Standing Committees are a special order for a regular Faculty Legislature meeting.
    4. Memorials: A Memorial transmitted to the Division shall constitute a special order for a regular meeting unless a special meeting is called to consider it.
  4. Authority in Questions of Order.

    Questions of order not covered by legislation are governed by Robert's Rules of Order, or Sturgis Standard Code of Parliamentary Procedure, at the option of the agency involved. (Am 11 Feb 71)

185. Agenda and Minutes of Meetings

  1. The Call for a Meeting.

    At least five calendar days before each regular or special meeting of the Division or its Faculty Legislature and at least two instructional days before an emergency meeting, the Vice Chair/Secretary of the Division shall send one copy of the Call for the meeting, together with all pertinent documents, to every member of the Division to the executive offices of the other Divisions, the Secretaries of the Senate, and to each member of the Senate Committee on Rules and Jurisdiction [See Divisional Bylaw 170C]. The Call for a non-emergency meeting shall include the text of any legislation to be modified and a statement of the purpose of the proposal and its effect on existing legislation. Items of business deemed non-controversial by the Chair of the Division may be placed on a Consent Calendar under Special Orders in the Call. A single unanimous vote suffices for approval of all business on the Consent Calendar. At the request of any member of the Division, any Calendar item must be deferred until consideration of new business. The Call for a special or emergency meeting shall contain a statement of the purpose of the meeting.
  2. Action on Items Not in the Call.

    Approval of three-fourths of the voting members present at a meeting of the Division or its Faculty Legislature is required for final action to be taken on any non-legislative item of business not included in the Call for the meeting. No such action is authorized for legislation not included in the Call.
  3. Minutes.

    Within fifteen days after each meeting of the Division or its Faculty Legislature, the Vice Chair/Secretary of the Division shall send at least one copy of the Minutes of the meeting to the President of the Senate, every member of the Division, the executive offices of the other Divisions, the Secretaries of the Senate, and each member of the Senate Committee on Rules and Jurisdiction. (Am 11 Feb 71)

187. Appeals

An academic decision made by a Divisional council empowered to act without subsequent Faculty Legislature approval may be appealed, in writing, by any member of the division directly to the council within 15 days of the decision. The appeal is considered at the next regular meeting of the council, and the chair will issue a written response within 10 days of the meeting. If either any ten members of the division or the chair of a department, program, or interdisciplinary group finds the council's decision to be unacceptable, they may appeal, in writing, to the Executive Council within 15 days of the council's response. The appeal is considered at the next regular meeting of the Executive Council, and the chair will issue a written decision within 10 days of the meeting. If any ten members of the division or the chair of a department, program, or interdisciplinary group find the Executive Council's decision unacceptable, they may appeal to the Faculty Legislature in writing within 15 days of the Executive Council's decision. The Executive Council may recommend appropriate action to the Faculty Legislature. [See Bylaw 50 C 3]

190. Memorials

  1. Memorials to the President.

    The Division may submit memorials directly to the President with copies to the Senate Assembly. (Am 12 Nov 98) [See Senate Bylaw 90G]
  2. Memorials to the Regents.

    The Division may initiate memorials on matters of Universitywide concern to be submitted to the Regents through the President as prescribed in Senate Bylaw 90B.
  3. Referral to a Ballot.

    Resolutions passed at a Divisional meeting are subject to a ballot on the written request of 25 members of the Division presented within 5 days after the distribution of the minutes of the meeting. (Am 11 Feb 71; Am 31 Oct 02) [See Divisional Legislative Ruling D4.72, Appendix II]

195. Elections

  1. General Provisions.

    Subject to further provisions of this Bylaw, all elections in the Division and its agencies are by mail or electronic ballot and are conducted by the appropriate secretary under such supervision as the agency determines.
  2. Initial Elections.

    In any newly established agency of the Division, initial elections occur immediately following such establishment, and each person elected assumes office as soon as his/her election has been certified by the appropriate secretary. If such a person is elected to an initial term of four months or less, he/she remains in office until the end of the term of office next following. Subsequent elections are held at a time determined by the appropriate agency. [See 30B]
  3. Assumption of Office.

    Unless otherwise specified, the term of office of each person elected in the Division or any of its agencies begins on the first of September following his/her election, but the length of his/her term is determined by the appropriate electors. [See Senate Bylaw 30A]
  4. Annual Divisional Elections.

    The annual election of the Committee on Committees, Representatives in the Senate Assembly, and Divisional Officers occurs during the first week in March.
  5. Elections.

    Elections in the Division and its agencies are conducted as follows [See paragraph A] (Am 31 Oct 02):
    1. Notice of Election: At least 30 days before the election the appropriate secretary transmits a notice of election to each voter. (Am 31 Oct 02)
    2. Nominations: Nominations must be filed with the appropriate secretary within 15 days following the notice of election. Each nomination must be endorsed by five voters and must contain certification of acceptance by the nominee. (Am 1 Jun 00; Am 31 Oct 02)
    3. Ballots: At least ten days before the election, the Academic Senate office transmits to each voter an alphabetically arranged ballot listing all persons nominated and notifies the voter to submit his/her ballot to the Academic Senate office by the date of the election. (Am 31 Oct 02)
      1. If election is by mail ballot, each voter receives a plain envelope for enclosing his/her marked ballot and a further envelope addressed to the secretary to be used for the return of the sealed ballot. The envelope addressed to the secretary must have a space for the signature of the voter. Mail ballots lacking this validating signature are void. (Am 31 Oct 02)
      2. If the election is by electronic means, each voter receives access to a secure, web-based, voting system maintained by the Senate office. The system shall be designed to separate each ballot from the voter who cast it, so that it is impossible to learn how anyone voted. The system shall be designed so that once a vote has been cast, neither the voter nor anyone with access to the system will be able to change the vote. The system shall be designed to allow reading the results only after the date of the election. In case a voter submits both an electronic and a paper ballot, the electronic ballot takes precedence and the paper ballot will be destroyed prior to the count. (En 31 Oct 02)
      3. In the first election in which electronic voting is used, eligible voters will be given the opportunity to vote either by electronic means or by mail. In subsequent elections, the Chair of the Senate, in consultation with the Committee on Rules, Jurisdiction, and Elections, shall have discretion to decide whether the election will be conducted by mail, by electronic means, or by both means. (En 31 Oct 02)
    4. Counting the Ballots: The appropriate secretary shall deliver the ballots received by him/her to the agency authorized to count the ballots and to certify the results to the appropriate body. In the Division this agency is the Committee on Rules, Jurisdiction and Elections.
    5. Number of Votes Required for Election: Candidates receiving the highest number of votes are elected. In the case of a tie vote, a second ballot, listing the candidates' names alphabetically, is transmitted to each voter. (Am 1 Jun 00; Am 31 Oct 02)
    6. Balloting in the Event of Single Nominees: In case there are no more nominees than vacancies, the ballot described in subparagraph (3) above is omitted and at the next regular meeting of the body concerned, either a single ballot is cast by the appropriate secretary or further nominations may be made from the floor. If further nominations are made, a ballot is then conducted during the succeeding ten-day period according to the provisions of subparagraph (3) above. Agencies of the Division are not required to meet for election only. Instead, the persons nominated are declared elected until the next regular meeting of the agency, when their election may be confirmed, or other persons nominated from the floor and a ballot conducted as described herein.

    (Am 26 May 77; Am 31 Oct 02)

  6. Replacing Persons Resigning or Otherwise Unable to Complete Their Terms of Office.

    If an officer of the Division, a member of the Committee on Committees, or a Divisional Representative to the Assembly is unable to complete a term, the Committee on Committees appoints a replacement to fill the remainder of the unexpired term. (Am 1 Jun 00)

200. Ballots on Actions or Measures

  1. General Provisions.

    Except as provided in Bylaw 190C, only those actions or measures which have been considered at a meeting of the Faculty Legislature may be submitted to a ballot of the voting membership of the Division.
  2. Conduct of the Balloting.

    At least five days before the transmittal of ballots, the Vice Chair/Secretary of the Division sends to each voter all relevant texts and a brief summary of the arguments submitted. Completed ballots must be returned to the Vice Chair/Secretary at a date specified by the Committee on Rules, Jurisdiction, and Elections. The voting is conducted as described in Divisional Bylaw 195 E 3. All ballots received by the stipulated return date are counted by the Committee on Rules, Jurisdiction, and Elections, and at the next meeting of the Faculty Legislature, the Vice Chair/Secretary announces the number of affirmative votes, the number of negative votes, and the number of invalid ballots cast. (Am 31 Oct 02)

205. Departmental Voting Rights (Systemwide Bylaw 55)

  1. General Provisions (Am 4 May 89).

    1. According to the Standing Orders of The Regents, "…the several departments of the University, with the approval of the President, shall determine their own form of administrative organization…." No department shall be organized in a way that would deny to any of its non- emeritae/i faculty who are voting members of the Academic Senate, as specified in Standing Order 105.1(a), the right to vote on substantial departmental questions, excepting only certain personnel actions as detailed in Article B of this Bylaw. [See Senate Legislative Ruling U5.67, Appendix II] (Am 4 May 95)
    2. In all matters other than those specified in paragraphs 1 to 5 of Article B of this Bylaw, the right to vote may be delegated to duly elected committees.
  2. Designation of Voting Rights.

    1. All tenured faculty in a department have the right to vote on all new departmental appointments that confer membership in the Academic Senate. Prior to such a vote, all the non-emeritae/i departmental members of the Academic Senate must be afforded an opportunity to make their opinions known to the voters. (Am 4 May 95)
    2. Professors have the right to vote on all cases of promotion to the ranks of Professor, Professor-in- Residence, and Professor of Clinical (e.g., Medicine). Professors and Senior Lecturers with Security of Employment (SOE), who are Senate members [See Bylaw 40C] have the right to vote on all cases of appointment or promotion to the rank of Senior Lecturer (SOE). (Am 5 May 88)
    3. Professors and Associate Professors have the right to vote on all cases of promotion to the ranks of Associate Professor, Associate Professor-in-Residence, and Associate professor of Clinical (e.g., Medicine). Professors, Associate Professors, Senior Lecturers (SOE), and Lecturers (SOE), who are Senate members [See Bylaw 40C], have the right to vote on all cases of appointment to the rank of Lecturer (SOE). (Am 5 May 88)
    4. For voting purposes, all cases that involve the removal of the Acting modifier from the title of a member of the Academic Senate shall be treated as promotion to the rank in question.
    5. All cases of non-reappointments or terminations of Assistant Professors, Assistant Professors-in- Residence, and Assistant Professors of Clincial (e.g., medicine), or Lecturers and Senior Lecturers, shall be voted upon by those faculty eligible to vote on promotion to the ranks of Associate Professor, Associate Professor-in- Residence Associate Professor of Clinical (e.g., Medicine), or appointments to the titles Lecturer (SOE) and Senior Lecturer (SOE), respectively. (Am 5 May 88)
    6. All cases of advancement within any rank that confers membership in the Academic Senate shall be voted upon by those persons entitled to vote on promotion or non-reappointment to the rank in question under the provisions of paragraphs 2 to 5 of this Article B. (En 4 May 95)
    7. In none of the instances specified in paragraphs 1 to 5 of this Article B may the right to vote be delegated to a committee. The actual method of voting shall be determined by the eligible voters; subject, however, to the provision that no voter may be denied the option to require a secret ballot. In cases of advancement within rank, the eligible voters for each rank in question shall either follow the same procedures used for promotions and non-reappointment or may, by two thirds majority vote and subject to the approval of the divisional Committee on Academic Personnel or its equivalent, delegate the authority for such actions to a duly elected committee or other agency, or adopt some other method acceptable to the divisional Committee on Academic personnel or its equivalent. Any such method or delegation of authority shall remain in effect for at least one calendar year (twelve months). Thereafter upon the request of any faculty member entitled to a vote on the cases in question under the provisions of Paragraph 6 of this Article B, the eligible voters shall reconsider the question of how such cases shall be handled. (Am 4 May 95)
    8. The tenured faculty members of a department shall establish the method by which personnel matters other than those listed in Paragraphs 1 to 6 of this Article B are determined. The method adopted must have the approval of the Divisional Committee on Academic Personnel or its equivalent.
  3. Extension of Voting Privileges.

    Voting privileges on personnel matters within any department may be extended to one or more of the classes of non-Emeritae/i Academic Senate members of that department, as a class, who are not otherwise entitled to vote under the provisions of Paragraphs 1 to 6 of Article B of this Bylaw, upon at least a two-thirds majority vote by secret ballot of those faculty entitled to vote on the cases in question under the provisions of Paragraphs 1 to 6 of Article B of this Bylaw. Any extensions of the voting privilege under this Article C must remain in effect for at least one calendar year (twelve months); thereafter, any faculty member entitled to a vote on the cases in question under the provisions of paragraphs 1 to 6 of Article B of this Bylaw may request reconsideration. Following a request for reconsideration, and prior to any subsequent vote on the cases in question, the Chair or other appropriate departmental officer shall put the question of renewal of privileges to a vote. An extension of voting privileges will be renewed only upon at least a two-thirds majority vote by secret ballot of those faculty entitled to vote on the cases in question under the provisions of Paragraphs 1 to 6 of Article B of this Bylaw. (Am 4 May 95) [See Senate Legislative Ruling A5.67, Appendix II]
  4. Rights and Privileges of Emeritae/i Faculty. (En 4 May 95)

    1. Emeritae/i members of the Academic Senate retain membership in the departments to which they belonged at the time of their retirement. They do not have the right to vote on departmental matters, except as provided in this Article D.
    2. With the exception of personnel actions, Emeritae/i member of the department have the right to receive the same notice of meetings as other Academic Senate members. They have the right of access to materials relevant to those meetings, the privilege of the floor at those meetings, and the right to make their opinions known to the voting members.
    3. Emeritae/i, while recalled to service in a department from which they have retired, regain voting rights on all departmental matters, except personnel matters, during the period of such service. They may be accorded voting privileges on personnel matters only as a class consisting of all recalled Emeritae/i and only as specified in paragraph 4.c of this Article D.
    4. Additional privileges in a department from which they have retired may be extended, either to all Emeritae/i as a class of the whole, or to all Emeritae/i recalled to active service, during the period of such service, as follows:
      1. Voting privileges on all non-personnel matters may be extended to all Emeritae/i upon a majority vote by secret ballot of the total non-Emeritae/i Academic Senate membership of that department.
      2. The privilege of notice of meeting on personnel actions, access to materials, and/or privilege of the floor may be extended to Emeritae/i upon at least a two-thirds majority vote by secret ballot of those faculty entitled to vote on the cases in question under the provisions of paragraphs 1 to 6 of Article B of this Bylaw.
      3. Voting privileges on personnel matters may be extended to Emeritae/i upon at least a two-thirds majority vote by secret ballot of those faculty entitled to vote on the cases in question under the provisions of paragraphs 1 to 6 of Article B of this Bylaw.
    5. Any extension of privilege to Emeritae/i under paragraph 4 of this Article D must remain in effect for at least one calendar year (twelve months); thereafter, any faculty member entitled to a vote on the question of an extension of privilege under the provisions of paragraph 4 of this Article D may request reconsideration. Following a request for reconsideration, and prior to any subsequent vote on the cases in question, the Chair or other appropriate departmental officer shall put the question of renewal of privilege to a vote. An extension of privilege will be renewed only under the procedures specified for the initial extension of voting privileges by paragraph 4 of this Article D.
  5. Other Units.

    In Divisions or schools or colleges where the term "department" is not used, this Bylaw refers to those units from which academic appointments and promotions are recommended to administrative officers. (Am 2 Dec 81)

210. Committee on Privilege and Tenure – Jurisdiction

(Senate Bylaw 334. *In May 2001, Bylaws 334-337 replaced the former Senate Bylaw governing all divisional Privilege and Tenure activities, Bylaw 335.)

  1. Divisional Privilege and Tenure Committees shall have jurisdiction to deal with three distinct categories of cases:
    1. Grievance cases (SBL 335), where a member of the Senate claims injury through the violation of his/her rights and privileges;
    2. Disciplinary cases (SBL 336), where a member of the Senate is accused of having violated the Faculty Code of Conduct;
    3. Early termination cases (SBL 337), where a Senate or non-Senate faculty member challenges whether there is good cause for his/her early termination.

      Such committees may also be called upon by the campus administration of their Division to render advice on campus policies or local regulations that may affect academic privileges and tenure. [See Legislative Ruling 12.80]

  2. At the end of every year, the Divisional Committee will supply a summary of its cases to the University Committee on Privilege and Tenure, to be used for statistical purposes only. This summary shall not include the name of any individual involved in a case before the Divisional Committee. For any matter held over from the previous year, the Committee shall report the final disposition of the case. The Divisional Committee shall also report any final disagreements with their Chancellor.
  3. After any formal hearing on grievance, discipline, or early termination, upon notice of the Chancellor's tentative decision to disagree with the Privilege and Tenure findings or recommendations, the Chair of the Divisional Privilege and Tenure Committee should either meet with the Chancellor or arrange for the full Divisional Privilege and Tenure Committee to meet with the Chancellor. The Committee is obliged to report the existence of agreement or disagreement with the Chancellor annually to the Division of the Senate, without divulging confidential information.

215. Committee on Privilege and Tenure – Grievance Cases

[Senate Bylaw 335 (En 23 May 01)]

  1. Scope

    1. Any member of the Academic Senate may grieve to the Divisional Privilege and Tenure Committee (hereafter, the Committee) that the member's rights or privileges have been violated. Before considering the grievance and determining whether a formal evidentiary hearing is warranted, the Committee may require that the grievant shall first exhaust all appropriate administrative avenues of redress. Administrative avenues of redress include, but are not limited to, presentation of the grievance along with a request for an administrative remedy to the department chair, dean, or other appropriate academic administrator with authority to investigate and offer a remedy.
    2. In cases of personnel review involving tenure, promotion, or reappointment, such grievances may be based only on allegations: (a) that the procedures were not in consonance with the applicable rules and requirements of the University or any of its Divisions, and/or (b) that the challenged decision was reached on the basis of impermissible criteria, including (but not limited to) race, sex, or political conviction. The committee shall be empowered to determine the validity of the grievances under (a) or (b) but shall not be empowered to reevaluate the academic qualifications or professional competence of the grievant.
  2. Preliminary Procedure in Grievance Cases.

    1. For the purpose of advising Senate members on the available relief in case of a potential grievance, each Division, in accordance with specifications to be determined by such Division, shall appoint an individual or panel (preferably former members of the Privilege and Tenure Committee, but not current members) who shall be available to each grievant to discuss the claim of violation of rights and privileges and to provide advice on the appropriate procedure to be followed. Such individuals or panel members shall not serve as representatives of any grievant, and they shall maintain full confidentiality to the extent allowable by law. An aggrieved Senate member may consult with the individuals appointed under this provision with the understanding that the grievance will not be disclosed and that the consultation shall not constitute notice of the grievance to the campus or University administration.
    2. Upon receipt of a written grievance, the Privilege and Tenure Committee shall first determine whether or not the grieving Senate member has made out a prima facie case. This determination shall be limited to a review of the written grievance only. A prima facie case shall be deemed established if the Committee concludes that the allegations as stated in the written grievance, if true, would constitute a violation of the faculty member's rights and privileges.
    3. If it finds that there is a prima facie case, the Committee may conduct a preliminary review of the evidence to determine whether there is sufficient reason to believe that a right or privilege of the grievant may have been violated. In the course of its preliminary review, the Committee shall provide the grievant with an opportunity to discuss his or her allegations with the Committee, either orally or in writing. Upon an appropriate showing of need by any party or on its own initiative, the Committee may request files and documents under the control of the administration, including the grievant's personnel files and confidential documents contained therein. Such confidential documents shall remain confidential within the committee unless disclosure is required by law. At this stage, the Committee may also give the administrator with authority to offer a remedy notice of the grievance and an opportunity to respond. To further facilitate its review, the Committee may also ask other persons involved in the events that gave rise to the grievance, including the department chair, to appear before or provide information to the Committee.
    4. If the committee determines either that the grievant has not made out a prima facie case or that after a preliminary review, there is not sufficient reason to believe that the grievant's rights and privileges may have been violated, it shall advise the grievant to that effect in a written communication stating the reasons for its conclusion.
    5. If the Committee determines that the grievant has made out a prima facie case of violation of a right or privilege, and that there is sufficient reason to believe that the grievant's rights and privileges may have been violated, the Committee shall advise the Chancellor's designee of the grievance and the prima facie determination. The Committee shall make an attempt to promote a resolution of the controversy between the grievant and the administrative officer, officers, or other persons concerned. If no resolution can be reached, the Committee shall conduct a formal hearing in accordance with the provisions set forth below.
    6. No grievance may be considered by the Committee if more than three years have passed between the time the grievant knew or should have known about the violation of his/her rights and privileges and the resulting injury there from, and the filing of a grievance with the Committee.
  3. Early Resolution

    1. Any party may attempt to resolve the grievance informally through negotiations. Such negotiations may proceed with the assistance of impartial third parties, including one or more members of the Committee. A negotiated resolution is permissible and appropriate at any stage of these grievance procedures. If a negotiated resolution is reached after a written grievance is filed, then the Privilege and Tenure Committee should be given notice that the matter has been resolved.
    2. The grievance may also be resolved through mediation in cases where such mediation is acceptable to the administration and the grievant. With the consent of the administration and the grievant, the Committee may assist in the selection of an appropriate mediator. Other relevant parties, including members of the Committee, may participate in the mediation.
  4. Hearing and Post-hearing Procedures

    1. The Privilege and Tenure Committee shall appoint a Hearing Committee for each grievance case that is not resolved through a negotiated resolution or mediation. The Hearing Committee should consist of at least three Division members. At least two of the members shall be members of the Committee on Privilege and Tenure, one of whom shall chair the Hearing Committee. The committee may not appoint a member of the department or equivalent administrative unit of any of the parties to the Hearing Committee. Hearing Committee members shall disclose to the Hearing Committee any circumstances that may interfere with their objective consideration of the case and recuse themselves as appropriate. A quorum for the conduct of the hearing shall consist of at least half but not less than three members of the Hearing Committee, including at least one member of the Committee on Privilege and Tenure.
    2. Prior to the formal hearing, the chair of the Hearing Committee shall schedule a conference with the parties and/or their representatives. This conference should attempt to:
      1. Determine the facts about which there is no dispute. At the hearing, these facts may be established by stipulation;
      2. Define the issues to be decided by the hearing committee;
      3. Set a time for both sides to exchange a list of witnesses and copies of exhibits to be presented at the hearing. The Hearing Committee has the discretion to limit each party to those witnesses whose names were disclosed to the other party prior to the hearing and to otherwise limit evidence to that which is relevant to the issues before the hearing committee;
      4. Specify whether pre-hearing and post-hearing briefs will be submitted by the parties as well as the deadlines for those briefs;
      5. Attain agreement about whether any person other than the Chancellor, the Chancellor's designee, the grievant, and their representatives may be present during all or part of the hearing. In order to preserve the confidentiality of the hearing, persons whose presence is not essential to a determination of the facts shall, as a general rule, be excluded from the hearing.
    3. The Chancellor's designee, the grievant, and/or their representatives shall be entitled to be present at all sessions of the Hearing Committee when evidence is being received. Each party shall have the right to be represented by counsel, to present its case by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross examination as may be required for a full and true disclosure of the facts.
    4. The hearing need not be conducted according to the technical legal rules relating to evidence and witnesses. The Hearing Committee may, upon an appropriate showing of need by any party or on its own initiative, request files and documents under the control of the administration. All confidential information introduced into evidence, including the identity of confidential sources of personnel evaluations, shall remain so within the Hearing Committee. The Hearing Committee may call witnesses or make evidentiary requests on its own volition. The Hearing Committee also has the discretion to require that all witnesses affirm the veracity of their testimony.
    5. No evidence other than that presented at the hearing shall be considered by the Hearing Committee or have weight in the proceedings, except that the Hearing Committee may take notice of any judicially noticeable facts that are commonly known. Parties present at the hearing shall be informed of matters thus noticed, and each party shall be given a reasonable opportunity to object to the Hearing Committee's notice of such matters.
    6. The Divisional Committee on Privilege and Tenure may, at its discretion, request the appointment of a qualified person or persons, designated by the Chair of the University Committee on Privilege and Tenure, to provide legal advice and/or to assist in the organization and conduct of the hearing.
    7. At the hearing, the grievant shall bear the burden of proving the validity of the grievance by a preponderance of the evidence.
    8. At the conclusion of the hearing, the Hearing Committee shall promptly make its findings of fact, conclusions supported by a statement of reasons based on the evidence, and recommendation, and forward these to the parties in the case, the Chancellor, the Chair of the Divisional Committee on Privilege and Tenure, and the Chair of the University Committee on Privilege and Tenure. The findings, conclusions, recommendations, and record of the proceedings shall be confidential to the extent allowed by law and UC policy. The Hearing Committee may, however, with the consent of the grievant, authorize release of the findings, conclusions, and recommendations to other individuals or entities, to the extent allowed by law.
    9. The hearing shall be recorded. The Hearing Committee has the discretion to use a certified court reporter (whose cost is borne by the administration) for this purpose, and the parties and their representatives shall have the right to a copy of the recording or transcript. The cost of the copy shall be assumed by the requesting party.
    10. The Hearing Committee may reconsider a case if either party presents, within a reasonable time after the decision, newly discovered facts or circumstances that might significantly affect the previous decision and that were not reasonably discoverable at the time of the hearing.
  5. Grievance Cases Related to Disciplinary Cases

    1. There are circumstances in which the same set of facts and allegations lead to both a disciplinary matter and a grievance before the Committee. Under these circumstances, when a single hearing is held, the Committee shall make separate reports of findings, conclusions, and recommendations for the grievance and for the disciplinary matter.
      1. When a grievance involves the same set of facts that are the subject of a disciplinary matter, the Committee on Privilege and Tenure may, at its discretion, hold either matter in abeyance while it proceeds with the other. Alternatively, the Committee may, with the consent of the grievant, the accused in the disciplinary matter, and the Chancellor's designee, consider both matters within a single hearing.
      2. When a Senate member facing disciplinary charges files a grievance involving the same set of facts and circumstances as the disciplinary matter, the Committee on Privilege and Tenure has the discretion to consider both matters within a single hearing.
    2. When a Senate member files a grievance that is based upon the same facts and incidents involved in a prior disciplinary hearing at which the same Senate member was accused of violating the Code of Conduct, the findings and conclusions of the prior disciplinary hearing shall be conclusive.

220. Committee on Privilege and Tenure – Disciplinary Cases

[Senate Bylaw 336 (En 23 May 01; Am 10 April 19)]

Bylaw 336 was substantially revised in 2019. Link to the previous version.

  1. Right to a Hearing

    In cases of disciplinary action commenced by the administration against a member of the Academic Senate, or against other faculty members in cases where the right to a hearing before a Senate committee is given by Section 103.9 or 103.10 of the Standing Orders of The Regents (Appendix I), proceedings shall be conducted before a Divisional Committee on Privilege and Tenure (hereafter, the Committee). Under extraordinary circumstances and for good cause shown, on petition of any of the parties and with concurrence of the other parties, the University Committee on Privilege and Tenure may constitute a Special Committee composed of Senate members from any Division to carry out the proceedings.

  2. Time Limitation for Filing Disciplinary Charges

    The Chancellor is deemed to know about an alleged violation of the Faculty Code of Conduct when it is reported to any academic administrator at the level of department chair or above or, additionally, for an allegation of sexual violence or sexual harassment when the allegation is first reported to the campus Title IX Officer. The Chancellor must file disciplinary charges by delivering notice of proposed disciplinary action to the respondent no later than three years after the Chancellor is deemed to have known about the alleged violation. There is no limit on the time within which a complainant may report an alleged violation. (Am 9 March 05; Am 14 Jun 17)

  3. Prehearing Procedure in Disciplinary Cases

    1. In cases of disciplinary charges filed by the administration against a member of the Academic Senate, or termination of appointment of a member of the faculty in a case where the right to a hearing before a Senate committee is given under Section 103.9 or 103.10 of the Standing Orders of The Regents, disciplinary charges shall be filed by the appropriate Chancellor or Chancellor's designee, once probable cause has been established. Procedures regarding the establishment of probable cause are determined by APM 015/016 and Divisional policies. The disciplinary charges shall be in writing and shall contain notice of proposed disciplinary sanctions and a full statement of the facts underlying the charges.
      1. The Chancellor or Chancellor’s designee shall deliver the disciplinary charges to the Chair of the Committee on Privilege and Tenure, with a copy to the accused faculty member. If practicable, the Chancellor or Chancellor’s designee shall deliver the disciplinary charges at an in-person meeting with the Chair of the Committee on Privilege and Tenure and the accused faculty member. If this is not practicable, the Chancellor or Chancellor’s designee shall deliver the disciplinary charges to the Chair of the Committee on Privilege and Tenure electronically, with a copy to the accused sent electronically to the accused’s official University email account and a courtesy copy by overnight delivery service to the accused’s last known place of residence. The accused will be deemed to have received the disciplinary charges when they are sent to the accused’s official University email account. (Am 10 April 19)
      2. Along with a copy of the charges, the Chancellor or Chancellor’s designee shall provide written notice to the accused of (i) the deadline for submitting an answer to the disciplinary charges (section C.2 below), and (ii) the deadline for commencing the hearing (section E.1 below). (Am 10 April 19)
    2. The accused shall have 14 calendar days from the date of receipt of the disciplinary charges in which to file an answer in writing with the Committee on Privilege and Tenure. The Committee on Privilege and Tenure shall immediately provide a copy of the answer to the Chancellor or Chancellor's designee. (Am 14 Jun 17; Am 10 April 19)
    3. Within five business days after receiving the disciplinary charges, the Chair of the Committee on Privilege and Tenure shall contact the accused, the Chancellor or Chancellor’s designee and/or their representatives in writing in order to schedule the hearing. (Am 10 April 19)
      1. The Chair shall offer a choice of dates for the hearing and instruct the parties to provide their availability on the given dates within 14 calendar days.
      2. Within five business days after receiving the information requested in section 3.a from the parties, the Committee on Privilege and Tenure will schedule the hearing and notify the accused, the Chancellor or Chancellor’s designee and/or their representatives in writing of the date(s). The accused shall be given either in person or by email or overnight delivery service, at least ten calendar days’ notice of the time and place of the hearing.
      3. All parties must give priority to the scheduling of a hearing and cooperate in good faith during the scheduling process. A hearing shall not be postponed because the accused faculty member is on leave or fails to appear.
  4. Early Resolution

    1. The Chancellor or Chancellor's designee and the accused may attempt to resolve the disciplinary charges through negotiation. A negotiated resolution is permissible and appropriate at any stage of these disciplinary procedures. Such negotiations may proceed with the assistance of impartial third parties, including one or more members of the Committee on Privilege and Tenure. However, such negotiation shall not extend any deadline in this Bylaw. (Am 14 Jun 17; Am 10 April 19)
    2. If a negotiated resolution is reached after disciplinary charges are filed, then the Chancellor or Chancellor’s designee is encouraged to consult with the Chair of the Committee on Privilege and Tenure prior to finalizing the settlement. The Chair of the Committee on Privilege and Tenure should make a request for such a consultation once disciplinary charges have been filed with the Committee on Privilege and Tenure. The Chancellor or Chancellor’s designee should inform the Committee on Privilege and Tenure if the matter is resolved. (Am 10 April 19)
  5. Time Frame for Hearing Process in Disciplinary Cases (Am 10 April 19)

    1. The hearing shall begin no later than 60 calendar days from the date disciplinary charges are filed with the Committee on Privilege and Tenure.
    2. Any deadline in this Bylaw may be extended by the Chair of the Committee on Privilege and Tenure or the Chair of the Hearing Committee, but only for good cause shown, requested in writing in advance. Good cause consists of material or unforeseen circumstances sufficient to justify the extension sought. A request to delay the start of the hearing beyond the 60 days mandated by this Bylaw must include adequate documentation of the basis for the request.
    3. Within three business days of receiving an extension request, the Chair of the Committee on Privilege and Tenure or the Chair of the Hearing Committee shall notify the accused, the Chancellor or Chancellor’s designee, and/or their representatives in writing of the approval or denial of the request. If the request is approved, the notification shall include the reason for granting it, the length of the extension, and the projected new timeline.
  6. Hearing and Posthearing Procedures

    1. The Chair of the Committee on Privilege and Tenure shall appoint a Hearing Committee for each case in which disciplinary charges have been filed. The Hearing Committee must include at least three members. (Am 10 April 19)
      1. A majority of the Hearing Committee members shall be current or former members of the Committee on Privilege and Tenure, and the Chair of the Hearing Committee shall be a current member of the Committee on Privilege and Tenure. In exceptional circumstances, the Hearing Committee may include one member from another Divisional Academic Senate.
      2. The Chair of the Committee on Privilege and Tenure may not appoint a member of the department or equivalent administrative unit of any of the parties to the Hearing Committee.
      3. Hearing Committee members shall disclose to the Hearing Committee any circumstances that may interfere with their objective consideration of the case and recuse themselves as appropriate.
      4. A quorum for the conduct of the hearing shall consist of a majority of the Hearing Committee, including at least one member of the Committee on Privilege and Tenure.
    2. Within two business days after the hearing has been scheduled the Chair of the Hearing Committee shall notify the accused, the Chancellor or the Chancellor’s designee, and/or their representatives in writing of the Hearing Committee’s decisions on the following prehearing matters: (Am 10 April 19)

      1. The Hearing Committee’s initial determination of the issues to be decided at the hearing. The Chair of the Hearing Committee shall invite the parties to inform the Committee of any other issues they believe to be important. The final determination of the issues to be decided shall be made by the Hearing Committee.
      2. The deadline for the parties to determine the facts about which there is no dispute. At the hearing, these facts may be established by stipulation.
      3. The deadline for both sides to exchange a list of witnesses and copies of exhibits to be presented at the hearing. The Hearing Committee has the discretion to limit each party to those witnesses whose names are disclosed to the other party prior to the hearing and to otherwise limit evidence to that which is relevant to the issues before the Hearing Committee.
      4. Whether prehearing and post-hearing briefs will be submitted by the parties and, if so, the deadline for submitting those briefs.
      5. Whether any person other than the Chancellor, the Chancellor's designee, the accused, and their representatives, may be present during all or part of the hearing. In order to preserve the confidentiality of the hearing, persons whose presence is not essential to a determination of the facts shall, as a general rule, be excluded from the hearing.

      After the prehearing letter has been sent, the Chair of the Hearing Committee may at his or her discretion schedule a conference with the accused, the Chancellor or Chancellor’s designee, and/or their representatives, to resolve any questions concerning items (a) through (e) above. Such a conference should take place as soon as possible. The scheduling of such a conference shall not result in an extension of the hearing date.

    3. The Chancellor or Chancellor's designee, the accused, and/or their representatives shall be entitled to be present at all sessions of the Hearing Committee when evidence is being received. Each party shall have the right to be represented by counsel, to present its case by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross examination as may be required for a full and true disclosure of the facts.
    4. The hearing need not be conducted according to the technical legal rules relating to evidence and witnesses. The Hearing Committee may, upon an appropriate showing of need by any party or on its own initiative, request files and documents under the control of the administration. All confidential information introduced into evidence shall remain so within the Hearing Committee. The Hearing Committee may call witnesses or make evidentiary requests on its own volition. The Hearing Committee also has the discretion to require that all witnesses affirm the veracity of their testimony and to permit witnesses to testify by videoconferencing. (Am 14 Jun 17)
    5. Prior discipline imposed on the same accused faculty member after a hearing or by negotiation may be admitted into evidence if the prior conduct for which the faculty member was disciplined is relevant to the acts alleged in the current disciplinary matter. Under these conditions, prior hearing reports and records of negotiated settlements are always admissible. (Am 14 Jun 17)
    6. No evidence other than that presented at the hearing shall be considered by the Hearing Committee or have weight in the proceedings, except that the Hearing Committee may take notice of any judicially noticeable facts that are commonly known. Parties present at the hearing shall be informed of matters thus noticed, and each party shall be given a reasonable opportunity to object to the Hearing Committee's notice of such matters.
    7. The Divisional Committee on Privilege and Tenure may, at its discretion, request the appointment of a qualified person or persons, designated by the Chair of the University Committee on Privilege and Tenure, to provide legal advice and/or to assist in the organization and conduct of the hearing.
    8. At the hearing, the Chancellor or Chancellor's designee has the burden of proving the allegations by clear and convincing evidence.
    9. The Hearing Committee shall not have power to recommend the imposition of a sanction more severe than that proposed in the notice of proposed disciplinary action. In determining the appropriate sanction to recommend, the Hearing Committee may choose to consider previous charges against the accused if those charges led to prior sanctions either after a disciplinary hearing or pursuant to a negotiated or mediated resolution.
    10. The Hearing Committee shall make its findings of fact, conclusions supported by a statement of reasons based on the evidence, and recommendation. These shall be forwarded to the parties in the case, the Chancellor or Chancellor’s designee, the Chair of the Divisional Committee on Privilege and Tenure, and the Chair of the University Committee on Privilege and Tenure, not more than 30 calendar days after the conclusion of the hearing. The conclusion of the hearing shall be the date of the Committee’s receipt of (a) the written transcript of the hearing; or (b) if post-hearing briefs are permitted, the post-hearing briefs from the parties in the case, whichever is later. The findings, conclusions, recommendations, and record of the proceedings shall be confidential to the extent allowed by law and UC policy. The Hearing Committee may, however, with the consent of the accused, authorize release of the findings, conclusions, and recommendations to other individuals or entities, to the extent allowed by law. (Am 10 April 19)
    11. The hearing shall be recorded. The Hearing Committee has the discretion to use a certified court reporter for this purpose, and the parties and their representatives shall have the right to a copy of the recording or transcript. The cost of the court reporter as well as other costs associated with the hearing will be borne by the administration. (Am 10 April 19)
    12. The Hearing Committee may reconsider a case if either party presents, within a reasonable time after the decision, newly discovered facts or circumstances that might significantly affect the previous decision and that were not reasonably discoverable at the time of the hearing.
  7. Relation to Prior Grievance Cases

    A disciplinary Hearing Committee shall not be bound by the recommendation of another hearing body, including the findings of the Divisional Committee on Privilege and Tenure in a grievance case involving the same set of incidents. However, the Hearing Committee may accept into evidence the findings of another hearing body or investigative agency. The weight to be accorded evidence of this nature is at the discretion of the Hearing Committee and should take account of the nature of the other forum. In any case, the accused faculty member must be given full opportunity to challenge the findings of the other body.

225. Committee on Privilege and Tenure: Early Termination Cases

[Senate Bylaw 337 (En 23 May 01)]

  1. Jurisdiction

    In cases of proposed termination of a Senate or non-Senate faculty member before the expiration of the faculty member's appointment, or in cases where a tenured faculty member faces termination for incompetent performance, or for other faculty members whose right to a hearing before a Senate committee is given by Section 103.9 or 103.10 of the Standing Orders of The Regents (Appendix I) (hereafter collectively referred to as early termination), the faculty member may request a hearing before a Divisional Privilege and Tenure Committee. The committee shall then conduct a hearing on the case to determine whether, in its judgment, the proposed early termination is for good cause and has been recommended in accordance with a procedure that does not violate the privileges of the faculty member. Resolution of the dispute, either through negotiation or mediation, is permissible and appropriate at any stage of these proceedings.

    No Senate or non-Senate faculty member may be terminated prior to the expiration of an appointment without having an opportunity for a hearing before the Divisional Privilege and Tenure Committee. If the hearing has not commenced by the end of the faculty member's term of appointment, the faculty member no longer has a right to an early termination hearing pursuant to this Bylaw. Instead, the faculty member may seek a grievance hearing by grieving the non-reappointment pursuant to Senate Bylaw 335 in the case of Senate faculty or the Academic Personnel Manual in the case of non-Senate faculty.

  2. Hearing and Post-hearing Procedures

    1. The Privilege and Tenure Committee shall appoint a Hearing Committee for each early termination case for which a hearing is requested by a faculty member. The Hearing Committee should consist of at least three Division members. At least two of the members shall be members of the Committee on Privilege and Tenure, one of whom shall chair the Hearing Committee. The committee may not appoint a member of the department or equivalent administrative unit of the faculty member facing early termination to the Hearing Committee. Hearing Committee members shall disclose to the Hearing Committee any circumstances that may interfere with their objective consideration of the case and recuse themselves as appropriate. A quorum for the conduct of the hearing shall consist of at least half but not less than three members of the Hearing Committee, including at least one member of the Committee on Privilege and Tenure
    2. Prior to the formal hearing, the Chair of the Hearing Committee shall schedule a conference with the faculty member and the Chancellor's designee, and/or their representatives. This conference should attempt to:
      1. Determine the facts about which there is no dispute. At the hearing, these facts may be established by stipulation;
      2. Define the issues to be decided by the Hearing Committee;
      3. Set a time for both sides to exchange a list of witnesses and copies of exhibits to be presented at the hearing. The Hearing Committee has the discretion to limit each party to those witnesses whose names were disclosed to the other party prior to the hearing and to otherwise limit evidence to that which is relevant to the issues before the Hearing Committee;
      4. Specify whether pre-hearing and post-hearing briefs will be submitted by the parties as well as the deadlines for those briefs;
      5. Attain agreement about whether any person other than the Chancellor, the Chancellor's designee, the faculty member, and their representatives may be present during all or part of the hearing. In order to preserve the confidentiality of the hearing, persons whose presence is not essential to a determination of the facts shall, as a general rule, be excluded from the hearing.
    3. The Chancellor's designee and the faculty member and/or their representatives shall be entitled to be present at all sessions of the Hearing Committee when evidence is being received and to select a representative who may act as counsel. Each party shall have the right to be represented by counsel, to present its case by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross examination as may be required for a full and true disclosure of the facts.
    4. The hearing need not be conducted according to the technical legal rules relating to evidence and witnesses. The Hearing Committee may, upon an appropriate showing of need by any party or on its own initiative, request files and documents under the control of the administration. All confidential information introduced into evidence, including the identity of confidential sources of personnel evaluations, shall remain so within the Hearing Committee. The Hearing Committee may call witnesses or make evidentiary requests on its own volition. The Hearing Committee also has the discretion to require that all witnesses affirm the veracity of their testimony.
    5. No evidence other than that presented at the hearing shall be considered by the Hearing Committee or have weight in the proceedings, except that the Hearing Committee may take notice of any judicially noticeable facts that are commonly known. Parties present at the hearing shall be informed of matters thus noticed, and each party shall be given a reasonable opportunity to object to the Hearing Committee's notice of such matters.
    6. The Divisional Committee on Privilege and Tenure may, at its discretion, request the appointment of a qualified person or persons, designated by the Chair of the University Committee on Privilege and Tenure, to provide legal advice and/or to assist in the organization and conduct of the hearing.
    7. At the hearing, the Chancellor's designee has the burden of proving, by clear and convincing evidence, that there is good cause for early termination. In assessing the evidence for good cause, the Hearing Committee may consider evidence regarding whether correct procedures were followed in the case.
    8. At the conclusion of the hearing, the Hearing Committee shall promptly make its findings of fact, conclusions supported by a statement of reasons based on the evidence, and recommendation, and forward these to the parties in the case, the Chancellor, the Chair of the Divisional Committee on Privilege and Tenure, and the Chair of the University Committee on Privilege and Tenure. The findings, conclusions, recommendations, and record of the proceedings shall be confidential to the extent allowed by law and UC policy. The Hearing Committee may, however, with the consent of the faculty member, authorize release of the findings, conclusions, and recommendations to other individuals or entities, to the extent allowed by law.
    9. The hearing shall be recorded. The Hearing Committee has the discretion to use a certified court reporter (whose cost is borne by the administration) for this purpose, and the parties and their representatives shall have the right to a copy of the recording or transcript. The cost of the copy shall be assumed by the requesting party.
    10. The Hearing Committee may reconsider a case if either party presents, within a reasonable time after the decision, newly discovered facts or circumstances that might significantly affect the previous decision and that were not reasonably discoverable at the time of the hearing.