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 BYLAWS of the
GENERAL FACULTY

BYLAWS OF THE GENERAL FACULTY OF
THE UNIVERSITY OF ARIZONA

BYLAWS OF THE GENERAL FACULTY OF THE UNIVERSITY OF ARIZONA
April 2, 2007
Bylaws Table of Contents

Article I. Membership
Article II. Officers
Article III. Meetings
Article IV. Committee on Elections and Election Procedures
Article V. General Faculty Standing Committees: Membership and Terms
           
Section 1. Committee of Eleven
            Section 2. Committee on Faculty Membership
            Section 3. Committee on Committees
            Section 4. Senate Committee on Budget and Strategic Planning/Strategic Planning and Budget                                                           Advisory Committee
            Section 5. Committee on Ethics and Commitment
            Section 6. Constitution and Bylaws Committee
            Section 7. Grievance Clearinghouse Committee
          
 Section 8. Committee on Conciliation
           
Section 9. Committee on Academic Freedom and Tenure
Article VI. University-Wide Committees with Shared Governance Participation
           
Section 1. Shared Governance Review Committee
            Section 2. University Committee on Corporate Relations
            Section 3 Naming Advisory Committee
           
Section 4. Undergraduate Council
Article VII. Grievance Policies and Procedures for Faculty
Article VIII. The Faculty Senate

            Section 1. Functions
            Section 2. Membership
            Section 3. Method of Voting
            Section 4. Faculty Senate Standing Committees: Membership and Terms
                            a. Senate Executive Committee
                            b. Academic Personnel Policy Committee
                            c. Instruction and Curriculum Policy Committee
                            d. Research Policy Committee
                            e. Student Affairs Policy Committee
            Section 5. Ad Hoc Committees

APPENDIX:     2005 Shared Governance Memorandum of Understanding “Guidelines for Shared Governance” 

ARTICLE I
Membership

Section 1.          Membership in the General Faculty is as defined in Article II, Section 1 of the Constitution.

Section 2.          Each year the Committee on Faculty Membership shall conduct and publish a census of the General Faculty to maintain accurate voting rolls.

ARTICLE II
Officers

Section 1.          The officers of the General Faculty shall consist of the Chair, Vice Chair, and Secretary as provided for under
                        Article III of the Constitution of the General Faculty.

Section 2.          The Parliamentarian, who shall be appointed by and serve at the pleasure of the Chair of the Faculty, shall
                        serve the needs of the General Faculty and the Faculty Senate.

Section 3.          The representatives to the Arizona Faculties Council shall be the Chair, Vice Chair, and Secretary.

ARTICLE III
Meetings

Section 1.          Written petitions of five percent (5%) or one hundred (100) members of the General Faculty, whichever is
       
                smaller, shall be sufficient to call a Meeting of the General Faculty.  Such petition, presented to the Chair of the                         Faculty, shall state the purpose(s) of the intended meeting. 

Section 2.          Notice of Meetings.  Notice shall be given at least one week in advance of any meeting, and shall contain a
                        copy of any substantive proposal to be presented.

Section 3.          Meetings of the General Faculty shall be open to the public except when that body decides to meet in executive
                        session.

Section 4.          Methods of Voting.

                        a.         At meetings of the General Faculty, voting shall be by viva voce, by a show of hands, by a rising vote,
            or by ballot, as decided by the presiding officer, provided, however, that it shall always be in order to
            move for a vote by ballot.

                        b.         By a majority vote at a meeting of the General Faculty the pending action may be subject to a mail or             electronic ballot by the General Faculty.

ARTICLE IV
Committee on Elections and Election Procedures

The General Faculty Standing Committee on Elections shall consist of three members of the General Faculty appointed by the Chair of the Faculty after consultation with the Faculty Senate Executive Committee, from among candidates recommended by the Committee on Committees, for three-year staggered terms.  The committee shall elect its chair from those of its members who have served at least one year on the committee, and shall follow these procedures: Candidates for any positions elected by the General Faculty or the Faculty Senate shall provide a biographical statement.

Section 1.          Nomination of candidates. Candidates for elective office shall be nominated by petitions issued and accepted by the committee as follows:

                        a.         Candidates for Chair of the Faculty, Vice Chair of the Faculty, and Secretary of the Faculty shall have signatures of not fewer than forty members of the General Faculty on their petitions.

                        b.         Candidates for the Committee of Eleven, Senator-at-Large, the Committee on Committees or the Senate Committee on Budget and Strategic Planning/Strategic Planning and Budget Advisory Committee shall have signatures of not fewer than twenty members of the General Faculty on their petitions.

                        c.         Candidates for Senator representing a College Faculty shall have the signatures of not less than ten percent (10%) of the members of their College Faculty on their petitions, except that a minimum number shall be the signatures of three College Faculty members, and the maximum need be no more than twenty.

                        d.         Candidates shall affirm in writing their willingness to hold office.

                        e.         The Committee on Elections shall verify the eligibility of each nominee.

Section 2.          Conduct of elections:

                        a.         The Committee on Elections shall notify the General Faculty no later than January 15 each year of elective offices to be filled that year.

                        b.         The committee shall issue nominating petitions no later than January 15.  The nominating petitions for appropriate offices will be available until ten (10) class days prior to the election.

                        c.         The Committee shall accept completed nominating petitions no later than the close of business ten (10) class days prior to the election.

                        d.         The Committee shall conduct primary elections for elective offices no later than March 1, allowing ten class days from the date of mailing or emailing the ballots for members of the General Faculty to mark and return their primary election ballots.

                        e.         The Committee shall notify members of the General Faculty of the results of primary elections no later than March 22.

                        f.          The Committee shall conduct general elections for faculty offices no later than April 1, allowing ten class days from the date of mailing or emailing the ballots for members of the General Faculty to mark and return their election ballots.

                        g.         The Committee shall notify the General Faculty of the results of the general election no later than April 25.

                        h.         In the event of a tie vote the decision shall be made by lot. Lots are cast by the Committee on        
                                   
Elections. The candidates or their designated witnesses are invited to observe the casting of lots.

Section 3.          Election of candidates:

                        a.         Chair of the Faculty, Vice Chair of the Faculty, or Secretary of the Faculty:  A candidate who receives a majority of the votes cast in the primary election shall be declared elected. When no one receives a majority of the votes in the primary election, the two candidates receiving more votes than anyone else will be nominated for the general election ballot. That candidate receiving the majority of general election votes shall be declared elected.

                        b.         Faculty Senate, at-Large: If forty or fewer, but more than twenty are nominated, the twenty nominees receiving the largest number of votes in the primary election shall be declared elected. If more than forty are nominated, the forty receiving the largest number of votes in the primary election shall be candidates on the general election ballot provided only that anyone who receives a majority of votes in the primary election shall be declared elected. The candidates receiving the largest number of votes in the general election shall be declared elected to the positions to be filled.

                        c.         Faculty Senate, College Representatives: If the number of nominees from a College is not more than twice the number to be elected, those candidates equal in number to the number of positions to be filled who receive the largest number of votes in the primary election shall be declared elected. If more than twice the number are nominated, those receiving the largest number of votes in the primary election, totaling twice the number of positions to be filled, shall be candidates on the general election ballot, provided only that any candidate who receives a majority of votes in the primary election shall be declared elected.  Nominees receiving the largest number of votes in the general election shall be declared elected to the positions to be filled.

                        d.         Committee of Eleven: If more than ten are nominated for the Committee of Eleven, the ten nominees receiving the largest number of votes in the primary election shall be candidates on the general election ballot, provided only that any candidate who receives a majority of votes in the primary election shall be declared elected.  Nominees receiving the largest number of votes in the general election shall be declared elected to the positions to be filled.

                        e.         Senate Committee on Budget and Strategic Planning/Strategic Planning and Budget Advisory Committee: If more than four are nominated for the Committee on Budget and Strategic Planning/Strategic Planning and Budget Advisory Committee, the four receiving the largest number of votes in the primary election shall be candidates on the general election ballot, provided only that any candidate who receives a majority of votes in the primary election shall be declared elected. The nominees receiving the largest number of votes in the general election shall be declared elected to the positions to be filled.

                        f.          Committee on Academic Freedom and Tenure: Names of members of the General Faculty who have been nominated in accord with the provisions set forth in Article V, Section 9, of these Bylaws for membership on the Committee on Academic Freedom and Tenure shall be included on the ballot for primary election each year.

ARTICLE V
General Faculty Standing Committees: Memberships and Terms

Section 1.          The Committee of Eleven shall be composed as follows: ten members of the General Faculty, five of whom are elected by the General Faculty each year for a term of two years; the Chair of the Faculty shall be, ex-officio, the eleventh member, and shall call the first meeting of the committee, at which meeting the committee shall elect its chair. To this number shall be added one voting student delegates selected annually by the Associated Students of the University of Arizona and one voting student delegate selected annually by the Graduate and Professional Student Council in whatever manner those bodies determine. The two student delegates shall be invited to attend all regular meetings of the committee. In the event that an elected member shall vacate a position for any reason, a successor to fill the unexpired term shall be the unelected candidate who had the next higher number of votes in the most recent election. If there are no unelected candidates from the most recent election, then the committee shall select a successor to fill the unexpired term.

Section 2.          The Committee on Faculty Membership shall be composed of the Secretary of the Faculty who shall serve as chair, and three members of the General Faculty appointed by the Chair of the Faculty after consultation with the Faculty Senate Executive Committee from among candidates nominated by the Committee on Committees for two-year staggered terms.

Section 3.          The Committee on Committees shall be composed of six members of the General Faculty elected by the General Faculty for three-year staggered terms. No more than two members shall be elected from any one College faculty and no member shall serve consecutive terms.  The committee shall elect its chair from those of its members who have served one year or more on the committee.

Section 4.          The Senate Committee on Budget and Strategic Planning shall be composed of nine members; the Chair of the Faculty and six members who will be elected from and by the General Faculty in classes of two for staggered three-year terms.  In addition, each year the Faculty Senate will elect two of its members, chosen so as to encourage breadth of representation, who will complete the membership. The Faculty Senate members will be members of the Senate Committee on Budget and Strategic Planning, but will not be members of the Strategic Planning and Budget Advisory Committee (SPBAC). The Senate Committee on Budget and Strategic Planning will elect its own chair from among the six members elected by the General Faculty. 

Section 5.          The Committee on Ethics and Commitment shall be composed of six members of the General Faculty elected by the Faculty Senate to serve staggered three-year terms, from nominations by the Committee on Committees.  The Research Integrity Officer serves as an ex officio member. The committee may, in consideration of individual cases or issues, expand itself by no more than three additional General Faculty members having expertise in the subject matter of the case(s) being investigated.

Section 6.          The Constitution and Bylaws Committee is composed of the Secretary of the Faculty (Committee Chair) and four General Faculty members appointed by the Chair of the Faculty. The Vice Provost for Academic Affairs serves as an ex officio member.

Section 7.          The Grievance Clearinghouse Committee consists of the current Chairs of the Committee on Academic Freedom and Tenure, the Committee on Conciliation and the Committee on Ethics and Commitment, a representative of the Equal Opportunity/Affirmative Action Office, and a faculty representative elected by the Faculty Senate at its May meeting. The Vice Chair of CAFT shall also serve on the Grievance Clearinghouse Committee as a non-voting member. The Chair of the Committee on Academic Freedom and Tenure will function as the ex officio Chair of the Grievance Clearinghouse Committee.

Section 8.          The Committee on Conciliation shall be composed of six members who are tenured or continuing members of the General Faculty other than deans of any rank, elected by the Faculty Senate by secret ballot upon nomination by the Committee on Committees, which shall furnish twice as many names as persons to be elected. Not more than one member of any College Faculty shall be on the committee at any one time. The term of membership shall be two years. Three persons shall be elected each year. The chair of the committee shall be elected by the committee from among those in at least their second year on the committee. Members may be re-elected to this committee.  At the request of the President of the University or of a College Faculty or of any member of the General Faculty who has a grievance and has failed to resolve the matter through discussing the same with the appropriate department head or dean, the committee shall act expeditiously. In the event that the committee is of the opinion that the case load is so great that undue delay will be experienced, the committee may direct that temporary members be selected by the chair from a pool of names provided by the Committee on Committees, which shall contain not less than twice the number of names as there are temporary members to be selected. The Committee on Conciliation shall conduct its business in meetings rather than hearings, and participation by legal counsel will generally be discouraged.

Section 9.          The Committee on Academic Freedom and Tenure shall be composed of twelve tenured or continuing
                        members of
the General Faculty other than deans of any rank, four of whom shall be elected each year by the
                        General Faculty for a term of three years. The slate of candidates presented to the General Faculty shall be    
                       
selected in the following manner:

a.         The Committee on Committees will prepare a list of names containing not fewer than two times the number to be elected. After consultation with the Chair of the Faculty and the President, the committee will reduce the list to a slate of twice the number to be elected, giving due consideration to diversity. For each person listed, a brief description of relevant academic experience, qualifications and background will be provided. This information will also appear on the ballot submitted to the General Faculty along with the names and colleges of continuing members. If the outcome of an election cannot be determined because of a tie vote, a runoff election shall take place.

            b.         The Committee on Academic Freedom and Tenure shall elect its chair and vice chair from among those
            of its regular members who have served at least one year. In the event that the committee is of the
            opinion that the case load is so great that undue delay will be experienced in the hearing and disposition
           
of all cases before it, the committee may direct that temporary members be installed to hear specific
            cases. Temporary members shall be selected by the presiding officer of the committee by whatever    
           
means he or she deems appropriate from a pool of names provided by the Committee on Committees.
            Such a pool shall contain not less than twice the number of names as there are temporary members to
            be selected. The Committee on Academic Freedom and Tenure shall select one of its regular members
            to serve as panel presiding officer in each case. In all cases the tenure of temporary members of the
            committee shall be limited to the hearing and disposition of the specific case which occasioned their
            selection.

                        c.         If an elected member of the Committee on Academic Freedom and Tenure resigns or becomes
            ineligible for membership, this member will be replaced for the remainder of the term of the departing
            member with the candidate who received the next highest number of votes in the same election, with
            ties broken by the Chair of the Faculty. If there is no eligible candidate, the Chair of the Faculty will fill
            the vacancy by appointing a member of the General Faculty who is otherwise eligible for membership
            on the committee.

Article VI.
University-Wide Committees with Shared Governance Participation

Section 1.         The Shared Governance Review Committee is composed of the Chair of the Faculty, the Chair of the Strategic Planning and Budget Advisory Committee (SPBAC), the Presiding Officer of the Senate (Committee Chair), two Senators (elected by the Senate), one additional member of SPBAC (chosen by the Chair of SPBAC), the Provost, and two other members of the administration chosen by the President. These members serve two-year staggered terms and in addition there shall be one  representative each from Appointed Professionals Advisory Council (APAC), Staff Advisory Council (SAC), Associated Students of the University of Arizona (ASUA) and Graduate and Professional Student Council (GPSC), who will be appointed in the terms determined as these organizational bodies see fit.

Section 2.          The University Committee on Corporate Relations (UCCR) is a University-Wide Committee with Shared Governance participation. The Committee will elect a Chair annually who shall be a committee member and a member of the General Faculty. The regular voting membership of the Committee shall consist of five members of the General Faculty appointed by the Chair of the Faculty and the remaining voting membership as indicated in the bylaws of the UCCR. If the Chair of the Faculty chooses to attend meetings and is not the Committee Chair, he or she may attend as an advisor as well. General Faculty members are appointed for two-year renewable terms.

Section 3.          The Naming Advisory Committee  consists of the Vice Chair of the Faculty (Committee Chair), President of the UA Foundation, President of the Arizona Alumni Association, Vice President for External Relations, President of the Associated Students (ASUA), President of the Graduate and Professional Student Council (GPSC), Provost of the University, President of the Staff Advisory Council (SAC), Chair of the Appointed Professionals Advisory Council (APAC), a representative of the Dean’s Council (elected by the Deans), and a representative from the Faculty Senate (appointed by the Chair of the Faculty). Members serve annual terms.

Section 4.          The Undergraduate Council shall be composed as follows:

a.         The Undergraduate Council (UGC) voting membership shall consist of: the Chair; one member of the
General Faculty from each college (except University College which has no faculty) that offers
undergraduate degrees; one member from UA South; one member from the Library; and one member
from the Honors College; each chosen by election in the college OR the appointment by the Dean,
after consultation with that college's version of an advisory council in accordance with the shared
governance guidelines and agreements. College representatives serve for three-year terms. In addition,
1-2 student representatives from the Associated of Students of the University of Arizona (ASUA)
appointed to Undergraduate Council by the president of ASUA; and one member of the Instruction
and Curriculum Policy Committee of the Faculty Senate, appointed by the Chair of ICPC, shall serve
as voting members of the UGC. ASUA and ICPC members serve one-year terms that may be renewed.
The Chair shall be appointed by the Chair of the Faculty, on advice of the Committee on Committees
and in consultation with the Vice Provost for Instruction, in accordance with the principles detailed in the
shared governance guidelines and agreements.

b.         Non-voting members may include administrative staff from the Curriculum Unit of the Office of the Registrar, University College, and others as needed, by invitation of the Chair in consultation with the Vice Provost for Instruction.

c.         The Vice Provost for Instruction and the Associate Registrar for Curriculum and Graduation Services are ex officio members.

Article VII
Grievance Policies and Procedures for Faculty

Section 1.          Purpose: To provide for hearing procedures for members of the General Faculty implementing 6-201(N) (See Arizona Board of Regents Policy Manual at 6-201(L) and 6-201(M) for hearing procedures applicable to dismissal, suspension without pay or adverse actions concerning promotion, tenure or nonrenewal allegedly based on discrimination or unconstitutional action, and 6-301 (K) for hearing procedures applicable to dismissal or suspension of Academic Professionals.)

                        Source: Arizona Board of Regents Policy Manual - 6-201
                                   
Arizona Board of Regents Policy Manual - 6-301
                                   
University Handbook for Appointed Personnel (UHAP)

Section 2.          Grievance Principles
 

a.         The Board of Regents and the President, administrators and faculty of the University of Arizona (UA) recognize the importance of providing a prompt and efficient procedure for fair and equitable resolution of grievances without fear of prejudice or retaliation for initiating a grievance or participating in the grievance process. Faculty members should have a reasonable amount of time to file grievances to seek redress for perceived harm they have suffered.
 

b.         Each individual’s attempt to rectify a perceived wrong is considered consistent with UA’s role as an
                                    upholder of individual rights and the integrity of the University.
 

                        c.         The existence of a grievance process in no way diminishes the responsibility of faculty and
                                    administrators for the exercise of sound academic judgment.

 

d.         All grievants shall have clearly defined avenues of appeal and redress that may include mediation and/or a hearing before a faculty committee that reports to the President or his or her designee. The President decides the matter and his or her decision is the final agency decision. The grievant’s rights to relief in the courts shall not be affected by this policy.

 

e.         Faculty grievance procedures apply to general faculty as defined in the Constitution of the General Faculty, Article II.

f.          The preferred option is to resolve grievances internally at the level closest to the grievant. By using internal conciliation and hearing procedures first, the grievant should ordinarily be able to obtain acceptable results without escalation to a formal charge with an outside agency.

g.         At each level of the grievance process, the committee or decision maker will advise the grievant of the options available for redress and appeal as part of his or her decision if the grievance is not resolved at that level.

h.         In cases involving dismissal of tenured faculty or continuing-status professionals, suspension without pay, violation of due process and academic freedom, the Arizona Board of Regents Policy Manual 6-201 and 6-301 takes priority. In other cases, a grievant may request either a conciliation route that may then be followed by a grievance hearing or may directly choose a grievance hearing.

i.          Faculty may choose to have a hearing on a grievance before a panel of their peers without counsel present. Alternatively, faculty may choose to be represented by legal counsel at his or her own expense in all hearings.

j.          Each grievant has the right to a fair and reasonably speedy investigation and judgment by members of the appropriate committee or office.

k.         Two or more faculty members with same grievance have the right to seek redress jointly or individually.

l.          Grievance committees shall keep written records, as appropriate, which shall be equally available to all parties in the case, except privileged communications or documents that are confidential pursuant to state or federal laws or regulations. Committees are not required to keep records of deliberations.

m.        All parties to a grievance are entitled to notification within three business days of changes in the status of their grievance.

n.         Grievances involving faculty members who work off the main UA campus generally shall be handled by grievance procedures prescribed herein.

o.         Grievants and witnesses are assured freedom from reprisals related to their testimony. A separate whistle blower policy describes whistle blower protections and when those protections are applicable.

p.         Allegations of sexual harassment will be referred to the University Equal Opportunity/Affirmative Action Office (EO/AAO) for investigation following the procedures developed by that office.

q.         Allegations of discrimination on the basis of race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, or gender identity will be referred to EO/AAO for investigation. Separate documents describe the policies and procedures. However, if a faculty member alleges that an adverse decision was based on unlawful discrimination other than that covered by ABOR 6-201(M) or 6-301(L), the faculty member may proceed to a CAFT hearing under this policy and these procedures following an investigation by the EO/AAO and appeal.

r.          Issues of misconduct in research, scholarship, or creative endeavor; conflict of commitment, and facilities misuse are handled by the University Committee on Ethics and Commitment (UCEC) or other committees designated under a separate policy. In conducting inquiries on those matters, UCEC or other appropriate committees follow the applicable University policies on research integrity, professional commitment and proper facilities use.

s.          Generally, if a conflict cannot be settled through the Ombuds or Conciliation process, a member of the faculty is best served by filing his or her grievance with the single and most appropriate committee or office. The Grievance Clearinghouse Committee will inform the parties which committee (Conciliation or CAFT) or process (EO/AAO) will handle the grievance.

t.          The standard of proof for all findings, conclusions and recommendations relating to grievances shall be a preponderance of the evidence.

u.         No faculty member or administrator can be a decision maker in a dispute in which he or she is a party or in which he or she has a conflict of interest.

v.         No faculty member shall forfeit the right to grieve a matter unless he or she is aware that s/he has been harmed, has a right to grieve the matter, and is specifically apprised of any time limits regarding contesting the matter.

Section 3.          Grievance Resolution Procedures

                        The Grievance Clearinghouse Committee shall be composed of the chairs of the Committee on Academic                         Freedom and Tenure (CAFT), the Committee on Conciliation, the Committee on Ethics and Commitment, a                         representative of the Equal Opportunity/Affirmative Action Office, and a faculty representative selected by the                         Faculty Senate. The Vice Chair of CAFT shall also serve on the Grievance Clearinghouse Committee as a                         non-voting member. The chair of CAFT will function as the ex-officio chair of the Grievance Clearinghouse                         Committee.

a.         The recommended starting point for resolving grievances is at the head or dean level, whichever is applicable. If, however, the grievant does not wish to follow this route, or this route has not provided acceptable resolution, a grievant has the option of using an ombudsperson, conciliation or a more formal grievance hearing process.

b.         In most cases, faculty may choose an informal route, (ombuds or conciliation), which may be followed (if necessary) by the grievance hearing route or the grievance hearing route alone. Grievances alleging discrimination, (including sexual harassment) may be filed with either the Grievance Clearinghouse Committee (see Article V, Section 7, for composition of Grievance Clearinghouse Committee) or directly with EO/AAO, but will be investigated in either instance by EO/AAO.

c.         Informal problem resolution may be requested, or formal grievances may be filed if the grievant believes any of the following:

i.          There has been a violation, a misinterpretation, or an arbitrary or discriminatory application of University policy, regulation, or procedure which, applied personally to that faculty member, infringes upon his or her privileges, responsibilities, or terms and conditions of employment, e.g. salary, teaching assignment, equipment access, or other inequities; or

ii.          He or she has been discriminated against on the basis of race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, or gender identity; or

iii.         There has been an infringement on his or her academic freedom.

d.         The names of University ombudspersons, members of the Committee on Conciliation and members of the Committee on Academic Freedom and Tenure (CAFT) are available from the Faculty Center.

Section 4.          Informal Resolution Procedures

Informal resolution procedures are provided for the faculty member who desires informal assistance in the resolution of a complaint. An Ombudsperson Committee member or members of the Committee on Conciliation are available to conciliate and coordinate communication among the grievant, respondent and others related to the complaint. The purpose of this process is to air differences between the parties and to resolve the complaint to the satisfaction of both parties without resorting to formal hearings. In some instances, upon the agreement of the parties and contingent on the availability of resources, a professional mediator may be available to conduct dispute resolution. Informal resolution is strongly recommended.

            a.         Ombuds Program

            i.          The purpose of the Ombuds Program is to provide informal assistance to prevent or resolve             disputes or problems in a neutral setting, to facilitate communication, to preserve or improve             working relationships and to create a better working environment.

ii.         An Ombudsperson Committee member is a neutral individual who helps manage conflict or
perceived conflict by listening and generating options to help the faculty member resolve his or
her problem. The ombudsperson may work confidentially with one, both, or all parties to reach a
mutually satisfactory agreement and prevent disputes from escalating.

b.         Conciliation Process

            i.          The Committee on Conciliation has jurisdiction to make inquiry and discuss any problem
                        involving any member of the General Faculty in his or her relationship with the University. The
                        committee may consult and advise but shall not conduct hearings. It is the duty of the
                        committee, after careful investigation, to offer advice to the person or persons involved. 

ii.         The faculty member seeking conciliation shall file a complaint with the Grievance Clearinghouse Committee within six (6) months of his or her knowledge of the actions which form the basis of the complaint.

                                    iii.         The Grievance Clearinghouse Committee shall consider the complaint and assign it to the
                                                appropriate committee chair (e.g. Conciliation Committee).

            iv.         Legal counsel may not attend or participate in the conciliation. A grievant may have an adviser
            from the University community who has no personal knowledge of the matter, who may attend
            meetings and review written documentation.

 v.        The conciliator(s) shall have fifteen (15) days after assignment by the Grievance Clearinghouse
           
Committee to contact the parties followed by thirty (30) days to try to resolve the conflict.
           
Upon agreement of the parties, the Chair of the Conciliation Committee may extend the
           
conciliation period by thirty (30) days.

            vi.         The conciliation process results shall be summarized in a report prepared by the conciliator and
                        sent to the parties.

            vii.        If conciliation provides a mutually satisfactory result, the process ends. If the parties cannot
                        resolve the differences, the grievant may, if he or she chooses, seek a grievance hearing with a
                        request to the Grievance Clearinghouse Committee. The request shall be filed within thirty (30)
                        days of receipt of the conciliator’s report.

Section 5.          Grievance Hearing Procedures

            a.         Whether or not a grievant has sought conciliation, he or she may request a hearing by a grievance
            hearing committee through the Grievance Clearinghouse Committee. If the grievant alleges unlawful
            discrimination not covered by Arizona Board of Regents Policy Manual 6-201(M) or 6-301(L), he or
            she may file a complaint directly with the Equal Opportunity/Affirmative Action Office (EO/AAO)
           
without first going through the Grievance Clearinghouse Committee.

            i.          Requests for hearings by a grievance committee should be filed with the Grievance
            Clearinghouse Committee at the Faculty Center.

ii.          If the EO/AAO representative determines that the grievant's case contains an allegation of unlawful discrimination, the grievant's case shall be referred to the EO/AAO. If the EO/AAO representative determines that the grievant's case does not contain an allegation of unlawful discrimination, the remaining voting members of the Grievance Clearinghouse Committee will advise which committee shall handle the grievance.

            b.         The grievance procedure will involve the following steps:

i.          Within thirty (30) days of receipt of the conciliator’s report on matters that were the subject of conciliation or within six (6) months of the grievant’s knowledge of the occurrence of the actions which formed the basis for the grievance, the grievant shall make a written request for a formal hearing to the Chair of the Grievance Clearinghouse Committee.

ii.          The request must be filed by the grievant by hand delivery or by certified mail, return receipt requested, at the Faculty Center and shall contain: grievant’s name, address, telephone number, a statement of the complaint, resolution sought, and either the name and address of grievant’s attorney, or a statement that grievant is proceeding without an attorney.

                                    iii.         The Grievance Clearinghouse Committee shall advise which committee (Conciliation or CAFT)
                                                or process (EO/AAO) will handle the case based on the following jurisdictional guidelines:

(1)        Alleged discrimination. If discrimination in employment, program, or activity based on race, color, religion, sex, national origin, age, disability, veteran status, sexual orientation, or gender identity is the basis of the grievance, the matter will be referred to the EO/AAO for consideration in accordance with the procedures established by that office.

(2)        Other faculty grievances, including infringement on academic freedom and tenure not
covered by Arizona Board of Regents Policy Manual 6-201(M) or 6-301(L), will be
handled by the Committee on Academic Freedom and Tenure (CAFT) under this policy.

            (a)        Under this policy, CAFT shall hear any faculty allegation that a decision
            affecting his or her employment relation with the University was not
            determined in substantial compliance with regular University procedures, but
            only after any administrative appeal mechanism applicable to the decision in
            question has been exhausted. This includes, but is not limited to, non-renewal
            of contracts, denial of tenure, promotions, sabbatical leaves, leaves, and
            disputes on the amount of salary due a non-tenured faculty member who has
            been suspended or dismissed before the expiration of the employment period.

            (b)        CAFT shall hear other faculty grievances, such as alleged unfair treatment,
            where no policies or procedures exist or existing policies or procedures have
             been misinterpreted, misapplied or violated by a University administrator.

            iv.         The Chair of the Grievance Clearinghouse Committee shall forward to the respondent the
            request for a hearing within seven (7) days after it
is filed by the grievant, with instructions to
            respond within fifteen (15) days. If the grievant has indicated that he or she will be represented
            by counsel, the time for respondent to respond should be extended as needed in order for the
            respondent to seek the advice of counsel. The response shall contain the name, address,
            telephone number of respondent, a statement of respondent’s position on the issue, and the
           
name and address of the respondent’s attorney if grievant elects to be represented by an
            attorney. 

            v.         Within fifteen (15) days of receipt of the respondent’s position statement, the grievant and
            respondent will receive written notification from the Chair of the Grievance Clearinghouse
            Committee as to which committee will handle the case and a statement of procedures of that
            committee. The Chair of the Grievance Clearinghouse Committee shall notify the Chair of
            CAFT (or the appropriate committee) of the case assignment at the same time.

vi.         The Chair of CAFT will appoint a hearing panel within ten (10) class days of a case assignment. The Chair of the CAFT panel will set a hearing date in conjunction with all parties involved in the case. The hearing should begin within sixty (60) calendar days of the date the grievance is assigned to the hearing panel. The sixty-day period includes only the time when the University is in session. Semester breaks and summer recess are not included unless otherwise agreed to by the CAFT panel Chair and the parties. The parties shall receive notice of the hearing date at least twenty (20) days before the hearing date. The notice shall include:

            (1)        A statement of the time, place and nature of the hearing;

            (2)        A statement of the authority and jurisdiction under which the hearing is to be held; and

            (3)        A reference to the particular statutes, rules, or policies involved;

(4)        A short and plain statement of the matters asserted. If CAFT is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of issues involved. Thereafter upon application a more definite and detailed statement shall be furnished.

vii.        A grievance shall not proceed if the grievant, after due notice, fails to be present or fails to obtain a continuance. A grievant may withdraw his or her grievance at any stage in the grievance procedure by writing the Chair of the panel designated to hear the grievance.

viii.       If a grievant commences a grievance with an outside investigative agency based on the same or similar grounds, either the conciliator or the Chair of the hearing panel, depending on the stage of the complaint process of the internal grievance, will continue the internal process unless the grievant withdraws the internal grievance or desires a postponement.

ix.         No later than fifteen (15) days before the hearing date, the grievant and respondent must provide written documentation, including exhibits and a list of witnesses to the Chair of the hearing panel. The Chair may require additional written submissions such as a written opening statement prior to the hearing.

x.         The Chair of the hearing panel shall send a copy of the written documentation and witness lists submitted by the grievant and the respondent to the panel members within three (3) days after receipt. The grievant’s witness list, exhibits and other required documentation will be forwarded to respondent and the respondent’s witness list, exhibits and other required documentation will be forwarded to grievant by the Chair within three (3) days after receipt of lists from both parties.

xi.         Any member of the General Faculty requested by the panel to appear as a witness in its investigation of a complaint shall consider it an obligation as a General Faculty member to appear and testify. The Chair of the panel may call witnesses upon request of either party or on the Chair’s initiative. The Chair may also require the production of books, records and other evidence. Such requests shall be made either by personal delivery or by certified mail. The Chair of the hearing panel shall have the authority to issue subpoenas for the attendance of witnesses and for the production of books, documents and other evidence.

xii.        CAFT has an important fact-finding role. The hearing may be conducted in an informal, collegial manner and without adherence to the rules of evidence required in judicial proceedings. To the extent possible, the hearing should be carried out in a non-adversarial, collegial way. Hearings shall be conducted according to the following rules:

(1)        No fewer than three faculty members shall constitute a hearing panel. Members shall not participate on a hearing panel when there is a conflict of interest.

(2)        The hearing, but not the deliberations of the committee, shall be recorded.

(3)        Unless overriding reasons under law or ABOR policy are given to grievant, respondent, and other appropriate parties, all parties shall have access to all information that is presented during the hearing at no expense to them.

(4)        The Chair of the panel shall keep the parties informed about the status of the grievance.

(5)        Faculty may choose to have a hearing on a grievance before a panel of their peers without legal counsel present. Alternatively, the faculty may choose to be represented by legal counsel present at his or her own expense in all hearings. In cases between a faculty and an administrator, if the faculty member chooses not to be represented by counsel present at the hearing, then the administrator shall not have counsel at the hearing either. In cases between faculty members, either party may choose to be represented by counsel present at the hearing at his or her own expense. Any party may obtain legal advice and assistance in preparation for a hearing, even if a legal advisor will not be present at the hearing itself.

(6)        Legal advice to the grievance panel

(a)        If neither party is advised or represented by counsel, and a University attorney has not been involved in the case on behalf of either party, then a University attorney may provide legal advice to the grievance committee upon request.

(b)        Outside counsel may be obtained by CAFT from a list of qualified attorneys provided by the University to provide legal advice to the committee if the University attorney is precluded from providing advice to the committee because of a conflict or for other reasons as determined by CAFT. The role of counsel is to give sound legal advice and assistance to the panel on the matter it is hearing.

(c)        At the discretion of the CAFT panel, when the parties are represented by counsel, a hearing officer secured under the University’s agreement with the American Arbitration Association may conduct the hearing. Alternatively and at the CAFT panel’s discretion, a hearing officer secured from another list of impartial hearing officers maintained and used by the Department of Human Resources for personnel hearings may conduct the hearing. The hearing officer assists the panel in developing findings, conclusions and recommendations during deliberations and may prepare the written report in consultation with the panel but does not participate in the decision-making process of deliberation.

(7)        For good cause shown, upon request of either party or on the Chair’s own initiative, the Chair may continue the proceedings to another time.

(8)        The hearing shall be closed to the public except that the grievant may, at his or her discretion, demand that the hearing be open to the public.

(9)        The grievant and respondent may be present during the hearing proceeding. Witnesses shall be excluded except while testifying.

(10)      Generally, the panel will allow all witnesses to testify and documents to be presented which are relevant and probative to the complaint or the response. The CAFT panel shall exclude irrelevant, immaterial or unduly repetitious evidence.

(11)      Each party may present an opening statement of his or her position. Generally, the grievant will then present all of his or her witnesses and documents. The panel members may question the witnesses and parties and ask questions about documents presented throughout the hearing. The respondent may question the grievant and witnesses. After the grievant has presented his or her case, the respondent shall have an opportunity to present witnesses and documents, and the committee members may question the witnesses and ask questions about documents presented. The grievant may question the respondent and witnesses.

(12)      At the completion of the hearing, including any closing statement and receipt of any written memoranda requested by the panel, the panel will deliberate and prepare a written recommendation. The recommendation shall include findings of fact and conclusions, separately stated, based exclusively on the evidence. Within thirty (30) days of the conclusion of the hearing and receipt of all written documents requested of the parties, the panel will forward its recommendation to the President, who will make the final decision. Upon good cause shown, the President may extend the recommendation date by an additional thirty (30) days.

(13)      Within forty-five (45) days of receipt of the panel’s recommendation and record, the President shall issue a written decision that includes findings of fact and conclusions, separately stated. Copies of the President’s decision, including the CAFT recommendation, shall be mailed to CAFT and the parties. The President’s decision shall include a statement that an appeal to Superior Court pursuant to the Administrative Review Act, A.R.S. § 12-901 et.seq., if desired, must be filed within thirty-five (35) days from the date when a copy of the decision is served upon the party affected. If the President cannot issue a decision within the 45-day period, the President will notify the parties within the 45-day period of a delay in the issuing of the decision, the reasons for the delay, and the date on which the decision can be expected.

(14)      A faculty member who is dissatisfied with the President's decision may request reconsideration of the decision by filing a written request with the President no later than fifteen (15) days following receipt of the President's written decision.  If no request for reconsideration is made, the President’s decision is effective at the expiration of the period in which to request reconsideration.

(a)        The request for reconsideration shall be based on one or more of the following grounds:

(i)         Irregularities in the proceedings, including any abuse of discretion or misconduct by the CAFT panel that deprived the faculty member of a fair and impartial hearing;

(ii)        Newly discovered material evidence which with reasonable diligence could not have been presented at the hearing; or

(iii)       The decision is not justified by the evidence or is contrary to law.

(b)        If the faculty member requests reconsideration, the President will either deny reconsideration or issue a final decision within twenty (20) days of receiving a request for reconsideration.

(c)        The President's decision on reconsideration shall include a statement that an appeal to Superior Court pursuant to the Administrative Review Act, A.R.S. § 12-901 et.seq., if desired, must be filed within thirty-five (35) days from the date when a copy of the decision is served upon the party affected.

Cross-References

For the composition of grievance committees, see "Bylaws of the General Faculty of the University of Arizona."

For the Board of Regents’ policy, see Arizona Board of Regents Policy Manual Section 6-201, "Conditions of Faculty Service" and Arizona Board of Regents Policy Manual Section 6-301, "Conditions of Professional Service."

ARTICLE VIII
The Faculty Senate

Section 1.          Functions

                        Among the functions to be exercised by the Faculty Senate are:

                        a.         To recommend curricula and degrees for approval.  While matters pertaining to courses, major and
                                    minor requirements, the kinds of degrees and requirements for each will originate in the various
                                    colleges, the final formulation which is to be recommended to the Board of Regents shall be determined
                                    by the Faculty Senate.

                        b.         To formulate and/or recommend for approval policies governing official Universityty catalogs.

                        c.         To establish committees to assist in carrying out functions assigned to the Faculty Senate by the
            Constitution and Bylaws of the General Faculty.

                        d.         To maintain communication and liaison with the President of the University, administrators, faculty,
            staff, and students.

                        e.         To recommend policy concerning academic conduct of students.

                        f.          To recommend policies concerning promotion, tenure, continuing status, sabbatical leave, and other
            leaves of absence.

                        g.         To act upon nominations for recipients of honorary degrees, which may be proposed by one or more of
            the College Faculties.

                        h.         To make recommendations relative to the general University policies and procedures.

                        i.          To discharge responsibilities assigned by the Constitution and Bylaws of the General Faculty.

                        j.          To act upon matters brought for consideration in accordance with the Constitution and Bylaws of the
            General Faculty and existing University policy.

                        k.         To execute such other functions as are consistent with the Constitution and Bylaws of the General
            Faculty.

Section 2.          Membership 

                        The voting members of the Faculty Senate shall be comprised of the following:

                        a.         Ex-officio members: The President of the University, the Provost, the Chair of the Faculty, the Vice Chair of the Faculty, and the Secretary of the Faculty shall be voting members of the Faculty Senate. In addition, one member shall represent the Vice Presidents, and one member shall represent the Deans.

                        b.         Elected members: Elected members of the Faculty Senate will hold office for two years, beginning on
            June 1 of the year in which they are elected, in accordance with the following:

                                    i.          Twenty members shall be elected, prior to June 1 of the odd-numbered years, by the General
            Faculty. These shall be designated Senators-at-Large.

                        ii.          A minimum of one member shall be elected prior to June 1 of the even-numbered years by
            each College Faculty. General Faculty members not affiliated with any college shall conduct an
            election as if they constitute a common college. Elected members of the Faculty Senate in
            addition to the twenty elected by the General Faculty and the ones elected by each College
           
Faculty, including those acting as a common college, shall be apportioned among the
            several, but not necessarily all colleges, essentially in proportion to the number in each College
            Faculty. Such apportionment is to be established in accord with the published census of the
            General Faculty by the Committee on Faculty Membership.

                        c.         Seven students: four students selected annually by the Associated Students of the University of Arizona and three students, selected annually by the Graduate and Professional Student Council in whatever manner those bodies decide.

                        d.         The Faculty Senate shall fill a Senate seat vacated for any reason using the following procedure:

Either of two situations exists when an unexpired or vacated term occurs, namely:  (a) there were unelected candidates for the position in the election in which the unable-to-serve Senator was elected, or (b) there were no unelected candidates available from the most recent election in the unable-to-serve Senator's constituency.

For all vacancies occurring under situation (a), the Committee on Elections will ask the unelected candidate receiving the next highest number of votes to become the successor. If this individual is unavailable, then the next highest vote recipient will be asked to serve, repeating until no unelected candidates are available. All such successors will serve until the return of the regularly elected Senator or until the end of the vacated term, whichever occurs first, but no less than one full semester in any case.

For vacancies occurring under situation (b), two types occur as follows:

                                    1) The vacated term to be filled is longer than one semester, in which case the Committee on Elections
                will be asked to conduct a special election in the constituency of the vacated seat, complete with
               
nominating petitions and written or electronic ballot voting. An individual elected in this way will
                serve to the end of the unexpired term of the vacated seat.

                                    2) The vacated term is for one semester, in which case the Committee on Committees will be asked to
                provide the name of an individual from the vacated Senator's constituency who is willing to serve.
                An individual selected in this way will serve only until the end of the then current semester.

Section 3.          Method of Voting

                        At meetings of the Faculty Senate voting shall be by viva voce, by a show of hands, by a rising vote, or by ballot as decided by whoever is presiding over the meeting at the time of the vote. Upon request of seven or more members of the Faculty Senate, the vote shall be taken by roll call. Such recorded vote shall be included in the minutes of the Faculty Senate which are distributed to all members of the General Faculty. It shall, however, always be in order to move to vote by ballot. An absent member may send a substitute who shall not vote.

Section 4.          Faculty Senate Standing Committees

                        Each Faculty Senate standing committee, except the Executive Committee, shall consist of seven General Faculty members, a majority of whom must be members of the Faculty Senate. The standing committee members shall be appointed by the Vice Chair of the Faculty, after consultation with the Faculty Senate Executive Committee, from names suggested by the Committee on Committees. Student members of standing committees shall be nominated by the Associated Students of the University of Arizona and by the Graduate and Professional Student Council. Members of standing committees shall serve no more than three consecutive one-year terms, but they may be reappointed after an interim of one year.

                        All action items that are forwarded by the Faculty Senate Standing Committees come to the Faculty Senate as a seconded motion.

                        a.         Executive Committee. The committee membership shall consist of the Chair of the Faculty, the Vice
            Chair of the Faculty, the Secretary of the Faculty, chairs of the Faculty Senate standing committees,
            Chair of the Committee of Eleven, Chair of the Strategic Planning and Budget Advisory Committee
            (SPBAC), Chair of the Undergraduate Council (UGC), two members of the Senate elected at the
            regular May meeting of the Faculty Senate in alternate years from nominees whose names were
            submitted to the Faculty Center in time for distribution with the agenda for that meeting, the President
            of the University or his/her designee, the President of ASUA or his/her designee, the President of
            GPSC or his/her designee, and the Parliamentarian who shall be non-voting. The Vice Chair of the
            Faculty shall serve as chair of the committee. The committee shall establish the agenda for each
            meeting of the Faculty Senate and shall receive reports from the officers, the chairs of the Senate
            standing committees, UGC and SPBAC.

b.         Academic Personnel Policy Committee.  This committee receives reports and considers and forwards action items to the Faculty Senate relating to promotion and tenure/continuing status (policy and procedures; statistical report on decisions from the previous year, sabbatical and leave of absence policy, performance evaluation policy and procedures and their relationship to salaries, definition of faculty membership, and governance (for example, the University Handbook for Appointed Personnel, Constitution and Bylaws of the General Faculty of the University of Arizona, and ABOR Policy Manual 6-201 “Conditions of Faculty Service.”)

c.         Instruction and Curriculum Policy Committee. This committee considers matters and forwards action items to the Faculty Senate relating to curriculum, academic programs of study, degrees and teaching effectiveness. It serves as the conduit of academic issues from the Undergraduate Council and the Graduate Council to the Faculty Senate.

d.    &