The Governance Plan

of

Queensborough Community College

 

The Governance Plan of the College takes precedence over the Bylaws of the Board of Trustees, the Bylaws of the Faculty, and the Bylaws of the Academic Senate of Queensborough Community College, and all other bylaws, procedures, and regulations of Queensborough Community College. The Governance Plan was ratified by Queensborough Community College in March 1976 and by the Board of Trustees of The City University of New York in November 1976.

PREAMBLE 

The Governance of Queensborough Community College is the concern of all its members. All its constituencies — students, faculty, alumni, and administration — contribute to the maintenance and development of the College. Each has its own particular and mutual areas of concern. 

Because each constituency has the right to concern itself in areas that are its responsibility, this document sets forth the organization of the various bodies within the College, and guarantees their autonomy on matters within their jurisdiction. Because the constituencies are interrelated, and because all must participate in the well-being of the College as a whole, this Governance document also provides for the organization of an Academic Senate which shall include students, faculty, alumni, and administrators, which shall be the voice of the academic community of Queensborough Community College in all matters affecting the welfare of the institution.

Sections

Article VIII AMENDMENTS

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Article I ACADEMIC SENATE

 

A.    MEMBERSHIP 

The Academic Senate shall be composed of faculty, student, alumni, and administrative representatives with full privileges and vote, and shall include: the President and five (5) administrators selected by him annually; eight (8) officers of Student Government, designated by virtue of office — seven (7) by the Day Student Government and one (1) by the Evening Student Government; one (1) alumni representative, to be selected annually in a manner prescribed by the Alumni Association. 

The faculty senators shall be elected in April for three years and shall consist of the following: forty-one (41) faculty at large, elected by those who have been granted faculty rank, and shall not include members of the administration. The chairperson of each department shall also serve as a faculty senator. If a chairperson wishes to decline the office of senator, the department shall elect another representative to the Academic Senate. No more than five (5) faculty members totally shall be permitted to be from any one department. Two full-time CLT’s shall be elected at large by the full-time CLT’s to serve with vote. One adjunct shall be elected at large by the adjuncts to serve with vote. 

B.    ORGANIZATION 

1.         The Academic Senate shall elect a chairperson, a vice-chairperson, and a secretary of the Academic Senate, from among the elected members of the Senate, for a one-year term. These three elected members of the Academic Senate shall constitute a Steering Committee of the Senate. The Academic Senate shall also elect a member of the Senate to serve as Parliamentarian. 

2.         The Steering Committee of the Academic Senate shall represent the interest of and uphold the policies adopted by the Academic Senate when it is not in session. It shall report to the Senate, at its next regular meeting, such College actions that may have been implemented while the Academic Senate was not in session. If such action requires the immediate establishment of new policy, a special meeting of the Academic Senate shall be called. 

3.         The President shall preside over regular meetings of the Academic Senate, or, in the President’s absence, the chairperson of the Steering Committee shall preside. The Steering Committee shall prepare the agenda after discussions with the President. The President and the chairperson of the Steering Committee, or their designees, shall be ex officio members, without vote, on all standing committees. The President shall open the special meeting. The first item on the agenda shall be the election of the chairperson for that meeting by the members of the Academic Senate. 

4.         The agenda of each Academic Senate meeting shall include a report by the President or a designee concerning matters of college and university interest. 

5.            Committees 

(a) The Academic Senate may establish such standing and ad hoc committees as it determines. Each committee shall elect its own chairperson, secretary, and such other officers as may be appropriate. 

(b) There shall be a Committee on Committees elected by the Academic Senate to draw up a proposed list of Committees to be presented for adoption to the Academic Senate. This Committee shall also be responsible for the nominations and elections to such Committees as established by the Senate. However, nominations and elections for the Steering Committee of the Senate and for the Committee on Committees shall be conducted directly from the floor at the duly convened May meeting of the Senate. 

(c) There shall be one student, designated by Student Government from among the student members of the committee, to represent each of the committees on which there is student participation. He/she may attend meetings of the Academic Senate, and shall have speaking privileges without vote when his/her committee report is under discussion. 

(d) Student representation on the list of committees shall be proposed to the Academic Senate by the Committee on Committees with the following specifications: that there be one-third student membership on the Curriculum and Course and Standing Committees. Student representation on the Course and Standing Committee shall vote only on policy matters. 

C.    POWERS 

Through its Steering and Standing Committees, the Academic Senate shall have the power to request and receive information appropriate to or necessary for the performance of its duties, from the President and members of the administration, from students and student organizations, and such other sources as may be appropriate. It may address communications to the Board of Trustees by the President in some document whether it be a Chancellor’s Report or some other report in which the vote must be recorded. The Academic Senate shall be the voice of the academic community of Queensborough Community College of The City University of New York in all matters which shall appropriately be brought before it, including: 

1.            Intercollegiate athletics and cultural, fine and performing arts programs. 

2.            Educational objectives of the College. 

3.         The establishment and location of new units of the College. 

4.         The formulation of the policy relating to the admission and retention of students, subject to the guidelines of the Board of Trustees, and curriculum, awarding of college credits, and granting of degrees. In granting of degrees student members of the Senate shall not vote. 

5.         The recommendation of search and evaluation procedures. 

6.         Such other areas as affect the welfare of the institution. 

D.    PRESIDENTIAL CONSULTATION 

The President shall inform and discuss with the Academic Senate or with the Steering Committee when the Senate is not in session, prior to his recommendation to the Board of Trustees on all college-wide matters which fall within the purview of the Academic Senate where his recommendations will be in disagreement with the vote of the Academic Senate and in areas that could not have been presented to the Academic Senate because of the necessity of meeting a deadline. 

E.    MEETINGS 

The Academic Senate shall meet regularly at least five (5) times each semester. Special meetings shall be called by the President, the chairperson of the Academic Senate, on the written request of any eight (8) senators, or by written petition from 100 faculty members who are eligible to vote for the academic senators. A quorum shall be a majority of the members of the Academic Senate. The chairperson of the Steering Committee or his designee shall preside at special meetings of this body. 

F.    BYLAWS 

The Academic Senate may adopt its own bylaws consistent with this Governance document. (Until such bylaws are drafted, the present Bylaws of the Faculty Council shall be the bylaws of the Academic Senate except where otherwise provided in this Governance plan. Such new bylaws must be drafted and adopted within two months of the first meeting of the Academic Senate.) 

G.    VOTING 

1.         For the purposes of implementing the new charter of Governance and the rights and responsibilities granted therein, lecturers (full-time), instructors, and the persons in registrar series who have received notice of appointment on an annual salary basis for a third or later year of continuous full-time service and all individuals in professorial titles who do not hold administrative positions shall have the right to vote for faculty representatives to the Academic Senate and to serve as faculty senators. 

2.         All full-time college laboratory technicians shall be permitted to vote for two (2) CLT representatives to the Academic Senate. 

3.         Adjunct CLT’s shall elect one representative from among their number who shall cast one vote in the election of the two full-time CLT representatives to the Academic Senate and any other college-wide positions to which CLT’s are elected. For purposes of this document adjunct CLTs shall be defined as any person who is employed part-time as a CLT and who does not otherwise have voting rights as described in the appropriate sections of this document. 

4.         Adjuncts shall be permitted to vote for one (1) adjunct representative to the Academic Senate upon receipt of the fifth continuous notice of appointment. 

5.         Persons having received notice of nonreappointment shall not have the right to vote for representatives to the Academic Senate or in the Academic Senate upon immediate receipt of such notice. Persons who have submitted a resignation shall not have the right to vote for representatives of the Academic Senate or in the Academic Senate immediately upon receipt of such resignation. 

6.         Persons on leave shall retain the right to vote for representatives to the Academic Senate but shall not serve in the Academic Senate during the period of their leave. 

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Article II FACULTY

A.    FACULTY DEFINED 

The faculty shall be defined as those persons holding professorial titles; and lecturers (full-time), instructors, persons in the registrar series, college laboratory technicians (full-time), who have received notice of appointment on an annual salary basis for a third or later year of continuous full-time service. 

B.    MEETINGS  

The faculty shall meet at least once each semester. Special meetings shall be called by the President, the chairperson of the Faculty Executive Committee, or on the written request of fifty (50) faculty members. 

C.    ORGANIZATION 

1.         The faculty shall elect a chairperson and six (6) other members of an Executive Committee for a three-year term. The committee shall designate one of its members to be secretary, and another to be treasurer of the faculty. The faculty shall also elect one of its members to serve as parliamentarian. 

2.         The Faculty Executive Committee shall prepare the agenda for faculty meetings after discussion with the President. The chairperson of the Faculty Executive Committee shall preside at meetings of the faculty. 

3.         The Faculty Executive Committee shall propose to the faculty for its approval such standing and ad hoc committees as they deem necessary and the membership thereof.           

4.         The President shall meet regularly with the Faculty Executive Committee to discuss items of concern to the faculty.  

D.     POWERS OF THE FACULTY 

1.         The faculty shall be responsible for the academic status, role, rights, obligations, and freedoms of the faculty, and such other matters that may affect the welfare of the faculty consistent with this document. The faculty through its Executive Committee may address communications to the Board of Trustees by the President in some document whether it be a Chancellor’s Report or some other report in which the vote must be recorded. 

2.                  Review of Academic Senate Actions 

The Faculty shall have the right to review any action of the Academic Senate. A special meeting shall be called by a petition of at least ten per cent of the faculty to discuss the issues involved. A majority of those present can initiate a referendum to be held no later than four weeks after the general meeting. If the majority vote is against a referendum, one may still be called by a second petition of one-third of the faculty. The actions of the Academic Senate shall be nullified by a two-thirds vote of the faculty voting by written poll (provided at least fifty [50] percent of the total faculty casts ballots). 

3.            Initiation of Academic Senate Agenda Items 

The faculty may initiate policy, bylaws, or regulations for consideration by the Academic Senate either by a simple majority of a faculty meeting or by a petition of ten percent of the faculty; such items shall be placed on the agenda of the next meeting of the Academic Senate in accordance with the Bylaws of the Academic Senate. The faculty may initiate policy, bylaws, or regulations directly through an initiative referendum by written poll; a special meeting shall be called by a petition of at least ten percent of the faculty to discuss the issues involved; a majority of those present can initiate a written referendum to be held no later than four weeks after the general meeting. If the majority vote is against a referendum, one may still be called by a second petition of one-third of the faculty. The item shall pass with two-thirds vote of the faculty (provided that at least fifty per cent of the total faculty casts ballots). 

E.    BYLAWS 

The faculty may adopt its own bylaws consistent with this Governance Plan. 

F.    VOTING 

All members of the faculty, as defined above, shall have the right to vote in all faculty meetings. Persons having received notice of nonreappointment shall not have the right to vote at faculty meetings upon immediate receipt of such notice. Persons who have submitted a resignation shall not have the right to vote immediately upon receipt of such resignation. Persons on leave shall retain the right to vote at faculty meetings during the period of their leave. 

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ARTICLE III DEPARTMENT STRUCTURE

A.        The departmental structure and the present qualifications for voting for departmental chairperson and P & B shall remain as is mandated in Article IX of the Bylaws of the Board of Trustees with the following modifications: 

1.         Voting Rights 

(a) Those who hold administrative positions shall not be permitted to vote within departments with the exception of the Chief Librarian and the Dean of Students. 

(b) A department may vote to grant voting rights on, and only on, educational matters in the department to full-time lecturers and instructors who are not otherwise enfranchised in this document. Lecturers with Certificates of Continuous Employment are granted voting rights in department elections for chairpersons and Department P & B Committees. 

(c) At the same time as the election of the department chairperson, the full-time CLT’s of each department shall elect a full-time CLT who shall sit with vote at department meetings when matters concerning CLT’s (both full-time and adjunct) arise. 

(d) The adjunct CLT’s of a department shall elect one (1) adjunct CLT from among them, who shall cast one vote in the election of the full-time CLT from among them. 

(e) At the same time as the election of the department chairperson, adjuncts of each department shall elect a representative who shall sit with vote at department meetings when matters concerning adjuncts arise. 

2.            Conduct of Meetings 

(a) The chairperson shall preside at department meetings, and such meetings shall be conducted according to the most recent revised version of Robert’s Rules of Order. 

(b) Upon petition of at least forty (40) percent of the voters within a department, the Faculty Executive Committee shall appoint a committee to conduct the elections of that department. 

B.    STUDENT PARTICIPATION 

Students shall have the right through their Student Government to petition a department for a presentation on matters of personnel and educational policy. 

C.    VALUATION AND CONSULTATION 

Every three (3) years the President shall consult with the faculty of the Department of the Library concerning the Chief Librarian, and consult with the faculty of the Department of Student Services concerning the Dean of Students.

In the selection of department chairpersons where the terms “confer” or “consult” are utilized in this Governance Plan or in the Bylaws of the Board of Trustees, these terms shall be understood to mean that a formal vote by secret ballot is to be taken and shall be forwarded to the Board of Trustees by the President in some document whether it be a Chancellor’s Report or some other report in which the vote must be recorded.

D.     DEPARTMENT P & B COMMITTEE 

1.         Plan No. 2. Department P & B Structure 

No more than one of the five regular members of the Department P & B may be non-tenured. 

2.         The Department P & B must approve by a majority decision all matters of personnel and budget.

3.         Upon receipt of a request from Student Government, day or evening, the Department P & B will make itself available within ten (10) school days of written notification for an oral and/or written presentation on matters concerning faculty evaluation. 

4.         In departments of more than one discipline, an elected representative of each discipline shall serve as a sixth member of the department committee, if that discipline is not represented on the P & B Committee. This representative shall be present, participate, and vote only in actions affecting members and recruitment of members of that specified discipline. Discipline representatives shall be elected at the same time as other P & B members. The content discipline structure of the department shall be recommended by the department and approved by the Academic Senate. 

5.         A full-time CLT shall be elected by the full-time CLTs of the department to serve with vote as the sixth member of the Department P & B Committee to be present, participate, and vote only in actions affecting CLTs. 

E.    ENABLEMENTS 

1.         The faculty as defined in Article II, Item A, shall be enabled to reconsider and vote an alternative to Article III, Item D, No. 1, should Bylaw provisions mandated by the Board of Trustees be passed which affect the implementation of this structure. 

2.         The faculty as defined in Article II, Item A, shall be enabled, if it so desires, to create a provision concerning the recall of the department chairperson and members of the Department P & B. 

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Article IV COLLEGE COMMITTEE ON FACULTY PERSONNEL AND BUDGET

 A.        The College Committee on Faculty Personnel and Budget shall be constituted as at present and shall vote on appointments, reappointments, recommendations for tenure, or certificates of continuous employment, promotions, faculty fellowships, research  grants requiring college approval, travel funds, matters relevant to salary, and other relevant budgetary items, except that no vote for reappointment shall be required for those serving in the Higher Education Officer Series. A CLT elected by the CLTs shall sit with a vote on the College Committee on Faculty Personnel and Budget when personnel matters concerning CLTs are considered. The Registrar shall sit with vote on the College P & B when personnel matters concerning individuals in the registrar series are being considered. All members of the academic staff who are members of departments shall come before the Departmental and College P & B for reappointment and promotion. Deans who are not attached to departments shall come before the College P & B on questions of promotion. 

All presidential personnel recommendations shall proceed through the College Personnel and Budget evaluation process, including consultation and vote by secret ballot, which shall be forwarded to the Board of Trustees by the President in some document, whether it be a Chancellor’s Report or some other report in which the vote must be recorded. 

B.         The College Committee on Faculty Personnel and Budget may establish a subcommittee on tenure and Certificates of Continued Employment, a subcommittee on promotions, and such other committees as it deems appropriate. 

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Article V ACADEMIC REVIEW COMMITTEE

The purpose of the Academic Review Committee shall be to hear all appeals regarding personnel actions of Departmental and College P & B Committees. Consideration of an appeal may be requested by the affected individual or referred to the Academic Review Committee by the President. 

The membership shall consist of the following: one (1) Academic Dean (full), chosen by the President annually to serve as chairperson without vote; five (5) tenured professors and/or associate professors elected at large annually with a sixth as an alternate. Those members defined as faculty shall constitute the electorate in voting for members of this committee with the exception of administrators, who are not acted upon by the College P & B.

Positive decisions of this committee shall be forwarded directly to the President, or, in the case of negative departmental action, the Academic Review Committee may refer its positive recommendations initially to the College P & B. In the course of meetings, this Committee shall have access to all pertinent information available to the Departmental and College P & B Committees.

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Article VI  COLLEGE ADVISORY COMMITTEE 

The purpose of the College Advisory Planning Committee shall be to act as the primary planning body for Queensborough Community College.  In this capacity, it is envisioned that the leadership of the various constituencies on campus will meet and discuss items concerning the state of the College and ways the College can best achieve its stated mission, goals, and objectives.  Committee agenda items may be suggested to the Committee by any other constituency covered in the Governance Plan.  The powers of this Committee shall not infringe upon the powers and authority of any of the constituencies, organizations or committees operating under either the Governance Plan of Queensborough Community College or the Bylaws of the Board of Trustees. 

The membership of this Committee shall consist of the President as Chair, vice president(s), full dean(s), the Faculty Executive Committee, the Academic Senate Steering Committee, and the presidents of Day and Evening Student Governments.  In the event of one combined student government, the president and executive vice president of that student government shall be included in the committee membership.  The Committee shall meet at least twice a semester or when agenda items are proposed by or upon request of one of its constituent bodies.

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Article VII STUDENT SECTION 

A.    PREAMBLE 

1.         The student’s freedom to learn is a complement of the faculty member’s freedom to teach. An academic community dedicated to its ideals will safeguard the one as vigorously as it does the other. 

2.         Free and open discussion, speculation, and investigation are basic to academic freedom. 

3.          Students receive their college education not only in the classroom but also in out-of-class activities which they themselves organize through their association with fellow students, the student press, student organizations, and in other ways. It is vital, therefore, that their freedom as campus citizens be respected and ensured. 

4.         Student government shall have as one of its chief functions the regulation of student-sponsored activities, organizations, publications, etc. In exercising this function, no Student Government should be permitted to allocate resources so as to bar or intimidate any campus organization or publication nor make regulations which violate basic principles of academic freedom and civil liberties. 

5.            Students should be free, without restraint by either the College administration or the Student Government, to organize and join campus clubs or associations for educational, political, social, religious, or cultural purposes. No such organization should discriminate on grounds of race, religion, color, or national origin. The administration should not discriminate against a student because of membership in any campus organization. 

B.    CONDUCT STANDARD DEFINED 

1.                  Each student enrolled or in attendance in any college, school, or unit under the control of

the Board, and every student organization, association, publication, club, or chapter, shall obey the laws of the City, State, and Nation, and the Bylaws and Resolutions of the Board, and the policies, regulations, and orders of the College. 

2.         The faculty and student body at each college shall share equally the responsibility and the power to establish, subject to the approval of the Board, more detailed rules of conduct and regulations in conformity with the general requirement of this Article. 

3.         This regulatory power is limited by the right of students to the freedoms of speech, press, assembly, and petition as applied to others in the academic community and to citizens generally. 

C.    STUDENT ORGANIZATIONS 

1.                  Any group of students may form an organization, association, club, or chapter by filing with the duly elected Student Government organization of the college or school at which they are enrolled or in attendance and with an officer to be designated by the faculty of the college or school at which they are enrolled or in attendance (a) the name and purposes of the organization, association, club or chapter, (b) the names and addresses of its president and secretary or other officers corresponding in function to president and secretary.

However, no group, organization, or student publication with a program against the religion, race, ethnic origin or identification, or sex of a particular group, or which makes systematic attacks against the religion, race, ethnic origin, or sex of a particular group, shall receive support from any fees collected by the college or be permitted to organize or continue at any college or school. No organization, military or semi-military in character, not connected with established college or school courses, shall be permitted without the authorization of the faculty and the duly elected student government and the Board. 

2.            Extracurricular activities at each college or school shall be regulated by the duly elected Student Government organization to ensure the effective conduct of such college or school as an institution of higher learning and for the prevention of activities which are hereafter proscribed or which violate the standards of conduct of the character set forth in Section 15.1 of the Bylaws of the Board of Trustees. Such powers shall include: 

(a) the power to charter or otherwise authorize teams (excluding intercollegiate athletics), publications, organizations, associations, clubs or chapters, and, when appropriate in the exercise of such regulatory power, the power to refuse, suspend, or revoke any charter or other authorization for cause after hearing on notice. 

(b) the power to delegate responsibility for the effective implementation of its regulatory functions hereunder to any officer or committee which it may appoint. Any aggrieved student or group whose charter or other authorization has been refused, suspended, or revoked may appeal such adverse action by such officer or committee of Student Government to the duly elected Student Government. On appeal an aggrieved student or group shall be entitled to a hearing following the due process procedures as set forth in Section 15.3 of the Bylaws of the Board of Trustees. Following such hearing the duly elected Student Government shall have the authority to set aside, decrease, or confirm the adverse action. 

3.         Any person or organization affiliated with the College may file charges with the Office of the Dean of Students alleging that a student publication has systematically attacked the religion, race, ethnic origin, or sex of a particular group, or has otherwise contravened the laws of the City, State, or Nation, or any Bylaw or resolution of the Board, or any policy, regulation, or order of the College; the charges must be filed within a reasonable period of time after such occurrence. If the Dean of Students determines, after making such inquiries as he/she may deem appropriate, that the charges are substantial, he/she shall attempt to resolve the dispute, failing which he/she shall promptly submit the charges to the Faculty-Student Disciplinary Committee for disposition in accordance with the due process procedures of Section 15.3 of the Bylaws of the Board of Trustees. 

If the Committee sustains the charges or any part thereof against the student publication, the Committee shall be empowered to (1) reprimand the publication, or (2) recommend to the appropriate funding bodies the withdrawal of budget funds. The funding body shall have the authority to implement fully, modify, or overrule the recommendations.

 4.         Each college shall establish a Student Elections Review Committee in consultation with the various Student Governments. The Student         Elections Review Committee shall approve the election procedures and certify the results of elections for student governments, and student body referenda. 

 

D.    STUDENT GOVERNMENT ACTIVITY DEFINED 

1.         A Student Government activity is any activity operated by and for the students enrolled at any unit of the University provided, (a) such activity is for the direct benefit of students enrolled at the College; (b) that participation in the activity and the benefit thereof is available to all students enrolled in the unit or Student Government thereof; and (c) that the activity does not contravene the laws of the City, State, or Nation, or the published rules, regulations, and orders of the Board of Trustees or the duly established College authorities or contravene the Governance document. 

E.    STUDENT GOVERNMENT ACTIVITY FEE DEFINED 

1.         The Student Government Activity Fee is that portion of the Student Activity Fee levied by resolution of the Board of Trustees which has been established for the support of Student Government activities. The existing Student Government Activity Fee now in effect shall continue until changed.

 

F.    STUDENT ACTIVITY FEES * 

1.         Student Activity Fees, including Student Government Activity Fees collected by a college of the University, shall be deposited in a college central depository and allocated by an approved College Association. A College Association shall be considered approved for purposes of this section if (a) its charter or certificate of incorporation and bylaws are approved by the President and filed with the Secretary of the Board of Trustees, and (b) no less than one fewer than one-half of the members of the College Association and of its governing board are students in good standing enrolled at the College, and (c) the student membership of the College Association and its governing board are elected by the student body on a basis which approximates representation proportional to the contribution to student activity fee income from the members of each Student Government, or the student membership is selected by the respective Student Governments on the same basis. 

2.         The College and the College Association and Student Governments shall employ generally accepted accounting and investment procedures in the management of all funds. All funds for support of Student Activities are to be disbursed only in accordance with approved budgets and be based on written documentation. The requisition for disbursement of funds must contain two signatures: one, the signature of a student with responsibility for the program; the other, the signature of an approved representative of the body governing the budget process of the student activity fee or portion thereof. 

All revenues generated by student activities funded through Student Activity Fees, including Student Government Activity Fees, shall be deposited to the credit of the body governing the budget process of the Student Activity Fee or portion thereof and not retained by the group or club running the program except where specific authorization has been granted by the governing body. 

3.         Student Government Activity Fees shall be allocated by the duly elected Student Government or each Student Government where more than one duly elected Student Government exists, for its own use and for the use of the student organizations, as specified in Section 15.2 of the Bylaws of the Board of Trustees provided, however, that the allocation is based on a budget approved by the duly elected Student Government after notice and hearing. 

4.         Where more than one duly elected Student Government exists, the College Association shall allocate the Student Government Activity Fees to each Student Government in direct proportion to the amount collected from the members of each Student Government. 

5.         The President of the College shall have the authority to veto any Student Activity Fee including the Student Government Activity Fee allocation, which in his or her opinion requires further clarification or contravenes the laws of the City, State, or Nation, or any bylaw or resolution of the Board, or any policy, regulation, or order of the College. The veto shall not be based on differences of opinion regarding the wisdom or worth of such planned activity. If the College President chooses to exercise a veto, he or she shall consult with the General Counsel and Vice Chancellor for Legal Affairs and promptly communicate his/her decision to the allocating body. 

6.         A referendum proposing changes in the Student Activity Fee shall be initiated by a petition of at least ten (10) percent of the appropriate student body and voted upon in conjunction with Student Government elections. 

(a) Where a referendum seeks to earmark Student Activity Fees for a specific purpose or organization without changing the total Student Activity Fee, the results of the referendum shall be sent to the College Association for implementation. 

(b) Where a referendum seeks to earmark Student Activity Fees for a specific purpose or organization by changing the total amount of Student Activity Fees, the results of such referendum shall be sent to the Board of Trustees by the President of the College together with his/her recommendation. 

7.         Any member of the Student Government may present in writing charges of misuse of the Student Activity Fees, to the committee, which shall meet and review the case, and if the committee deems so necessary shall hear the charges formally and allow both the accusing and accused parties to present their sides. 

G.    DISCLOSURE

 1.         The College President shall be responsible for the full disclosure to each of the Student Governments of the College of all financial information with respect to Student Activity Fees. 

2.         The Student Governments shall be responsible for the full disclosure to its constituents of all financial information with respect to Student Government Activity Fees. 

3.         The College Association shall be responsible for the full disclosure of all financial information to its membership, to the College, and to the Student Governments with respect to all of its activities, including auxiliary enterprises. 

4.         For purposes of the foregoing paragraphs, full disclosures shall mean the presentation each semester of written financial statements which shall include, but need not be limited to, the source of all fee income by constituency, income from other sources creditable to Student Activity Fee accounts, disbursements, transfers, past reserves, surplus accounts, contingency and stabilization funds. Certified independent audits performed by a public auditing firm shall be conducted at least once a year. 

H.    STUDENT-FACULTY DISCIPLINARY COMMITTEE * 

1.         The Student-Faculty Disciplinary Committee shall consist of six students elected in an annual election, in which all students enrolled at the College shall be eligible to vote and serve. The six (6) members of the faculty committee shall be elected in an annual election, in which all persons with faculty rank or faculty status who do not hold administrative positions nor are part of the staff of the Dean of Students, shall be eligible to vote or serve. No member of the committee shall be allowed to serve more than two terms of office consecutively. 

2.         The committee shall elect from amongst its members a chairperson, who shall preside at all meetings and hearings. The committee may adopt bylaws, and amend said bylaws, provided that said bylaws are consistent with this article. When in hearing, the committee shall consist of three student members picked by lot, and three faculty members picked by lot, and the chairperson, who shall preside. 

3.                  The Student-Faculty Disciplinary Committee shall have the power and responsibility to re-evaluate the rules of conduct and regulations of the College, in conformity with the general requirements of this article, at the end of each term, taking into account all the disciplinary actions brought by any member of the College community against any other member of the student body.

 

4.                  Student vacancies in the committee shall be filled by the appropriate student organization; vacancies shall be filled in accordance with appropriate procedure. 

5.                  Any member of the committee may request the committee to come to session, but only the chairperson may call the committee into session for the purposes of a hearing. A quorum shall consist of two-thirds of each of the respective represented factions. 

6.                  Any persons who are to participate as witnesses at the hearing, or were involved with the preferring of charges, or who may participate in the appeals procedure, or in any way may have a direct interest in the outcome of the hearing shall disqualify themselves from that case. The other members of the committee shall decide if there is ever a question of conflict of interest in a member. 

I.     STUDENT DISCIPLINARY PROCEDURE * 

1.         Any charge, accusation, or allegation which is to be presented against, or by, a student, and if proved, would subject the party to disciplinary action, must be submitted promptly in writing and in complete detail to the Office of the Dean of Students, by the person or persons making the charge. 

Notice of the charge shall be personally delivered, or sent by registered mail, to the address appearing on the College records, and shall contain: 

(a) A complete and itemized list of the charges, rules, bylaws, or regulations the student is charged with violating, and the possible penalties.

(b) The time, date, and place of meeting with the ombudsman, which shall be as soon as practicable. 

              (c) A copy of the student’s rights during the meeting and proceedings. 

2.         The Dean of Students shall then turn the case over to the ombudsman who shall employ the following procedure: 

(a) The ombudsman will make sure the accused party shall be made fully aware of the charges and possible consequences, as well of the student’s rights, at the meeting. 

(b) The ombudsman will be responsible for trying to resolve the matter by mutual agreement, and where warranted, to agree on any disciplinary action to be taken. 

(c) If an agreement is reached, the ombudsman shall then report it in writing to the Office of the Dean of Students with copies going to both the accused and accusing parties; and then the Office of the Dean of Students shall be responsible for implementing any actions that may have been agreed to. 

3.         If no agreement is reached, or if the accused party fails to appear, then the ombudsman shall turn the matter over to the chairperson of the Student-Faculty Disciplinary Committee, which will follow the established procedure for hearings, which shall include the following: 

(a) Notice of the hearing must be sent via registered mail, not less than five school days before the hearing. The notice shall also advise the party of his right to have legal counsel and witnesses participate at the hearing, and shall include a copy of the letter previously sent as outlined in this section.

 (b) At the hearing the charges as were sent by mail will be read to the student. The student will then be allowed either of two courses of action: (1) He/she may plead guilty, and be afforded an opportunity to explain before the committee shall decide on a penalty; or, (2) the student may plead not guilty or remain silent, in which case the hearing shall continue with the accusing party going first and both sides having the opportunity to introduce evidence and cross-examine the witnesses. 

(c) There will be a record kept by a recorder at each disciplinary hearing, which will be transcribed into written copy by the College, and both the recorded copy and the written copy will be made available to the student, without cost. 

(d) The student shall have the option of a closed or open hearing but the majority vote of the committee may close a hearing that is effectively being disrupted by the public. 

(e) The findings of the committee shall be forwarded in writing to the Dean of Students, who shall be responsible for implementing any actions taken by the committee. 

(f) The Dean of Students shall forward a copy of the committee’s findings immediately to the accused and accusing parties.

 J.     OMBUDSMAN 

The students may nominate an ombudsman, but the candidate must have the approval of both the faculty and the administration. The student associations must be responsible for finding the necessary funds to support this position. This appointment shall be on a yearly basis. An ombudsman shall function both as a mediator and arbitrator. (Decisions of the arbitrator shall be nonbinding.) 

The ombudsman will be responsible for working out grievances between students and any other members of the College community where avenues for resolving grievances or means of justification do not presently exist. He/she shall also be responsible for directing students to the proper channels where they exist rather than carrying out the grievance. 

K.    STUDENT RIGHTS 

During the disciplinary procedure, a student will have the following rights: 

1.         He shall be warned that anything said at the hearing or meetings with the ombudsman may be used against the party at a non-College hearing; therefore, the party may have legal counsel present to advise him. 

2.         A statement that the accused party may remain silent without the assumption of guilt. 

3.         A statement that the ombudsman is precluded from testifying in a College hearing regarding information received during the interview.

L.    SUSPENSION  

1.         A president or full dean may, in emergency or extraordinary circumstance, temporarily suspend a student or the privileges of a student organization or group, for cause (such as, that their actions will immediately obstruct, interfere, or impede others from the orderly use of the College facilities, or in the achievement of the  College’s purposes as an educational institution as outlined in this article) for a period of one day pending a preliminary hearing of the Dean of Students and one faculty member, or his or her alternate, and one student, or his or her alternate, of the Faculty Disciplinary Committee, pending formal hearing which must take place within five school days.