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Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN....

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Page 1: Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN. Section 2: Appointment of the Dean “…A search committee will be appointed by the

Constitution & Bylaws Edits d

Page 2: Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN. Section 2: Appointment of the Dean “…A search committee will be appointed by the

Constitution & Bylaws Word Count

College Constitution Bylaws Total

Design 2769 6285 9054

Nursing 2882 4690 7572

Dentistry 2338 4877 7215

CLA 5981 1093 7074

Vet Med 4911 2015 6926

AHC 3521 3015 6536

CEHD 4138 1535 5673

CBS 3822 486 4308

Libraries 1643 1130 2773

Law 2611 N/A 2611

Extension 1122 589 1711

CCAPS N/A N/A N/A

Page 3: Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN. Section 2: Appointment of the Dean “…A search committee will be appointed by the

Constitution & Bylaws

https://policy.umn.edu/college-constitutions

University Policy Library

Page 4: Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN. Section 2: Appointment of the Dean “…A search committee will be appointed by the

Constitution & Bylaws

Page 5: Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN. Section 2: Appointment of the Dean “…A search committee will be appointed by the

Constitution & Bylaws Edits ARTICLE III. THE DEANSection 2: Appointment of the Dean

“…A search committee will be appointed by the Senior Vice President for Academic Affairs and Provost and its membership shall be made up of representatives from College constituencies, including faculty, staff, and students, as defined in the bylaws. The search process shall provide faculty, staff, and students with an opportunity to meet with and hear in a public forum from candidates who are announced as finalists for the position, and allow for input to the Provost. Interim appointments will be made by the Provost, after consultation with the faculty and staff. ”

Provost Office Feedback:

Good practice but technically not true. The Provost has authority to move forward in a manner they deem most appropriate -they are not governed by college constitutions. They are governed by University policy and HR policy.

CEHD Example:

“The dean will be appointed in the manner prescribed by the Executive Vice President and Provost. The College Consultative Committee and members of the assembly expect to be involved in the search and selection process in an appropriate manner, including periodic appraisal on the conduct of the search and interviews with final candidates…The college expects that a majority of the search committee will be faculty members whether from within or outside the college.”

Proposed Edit:

“…The dean will be appointed in the manner prescribed by the Executive Vice President and Provost. The members of the college assembly expect to be involved in the search and selection process in an appropriate manner. It is recommended by the college assembly that a search committee be appointed by the Executive Vice President and Provost and its membership will be made up of representatives from College constituencies, including faculty, staff, and students."

Page 6: Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN. Section 2: Appointment of the Dean “…A search committee will be appointed by the

Constitution & Bylaws Edits ARTICLE VI. COLLEGIATE STRUCTURE & GOVERNANCESection 1: Administrative Structure Assistant and Associate Deans

“Positions of Associate and Assistant Deans may be established as warranted by the administrative and programmatic needs of the College. Establishment of proposed positions of Associate and/or Assistant Deans shall be initiated by the Dean of the College after consultation with the Senior Leadership Group and the Faculty Leadership Committee. The Dean may assign specific administrative duties to Associate and Assistant Deans and may delegate executive authority to them. The Dean shall make known to the College community the principle areas of responsibility delegated to the Associate and Assistant Deans through position descriptions.”

Provost Office Feedback:

Good idea to consult and highly recommended but a Dean does not have to.

CSOM Example:

“Position of associate and assistant deans may be established by the dean to lead, manage, and coordinate the achievement of School and/or program goals. The dean may assign specific administrative duties to associate and assistant deans and may delegate authority to them. The dean shall make known to the faculty and staff the principal areas of responsibility and authority delegated to the associate and assistant deans. The associate and assistant deans are appointed by the dean through approved University procedures and serve at they pleasure during a mutually agreed period of appointment.”

Proposed Edit:

“Positions of Associate and Assistant Deans may be established by the deanas warranted by the administrative and programmatic needs of the College. Associate and/or Assistant Deans may be appointed by the Dean of the College. The Dean may assign specific administrative duties to Associate and Assistant Deans and may delegate executive authority to them. The Dean shall make known to the College community the principle areas of responsibility delegated to the Associate and Assistant Deans through position descriptions.”

Page 7: Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN. Section 2: Appointment of the Dean “…A search committee will be appointed by the

Constitution & Bylaws Edits ARTICLE III. THE DEANSection 1: Duties and Authority

“III.1.2 - The Dean shall provide a reasonable process affording timely review and effective comment period for the College faculty and staff prior to submitting strategic planning and budget recommendations to the Senior Vice President for Academic Affairs and Provost.”

Provost Office Feedback:

Good practice but not mandated by Provost and should not be included.

CEHDExample:

“Exercise final authority over preparing the college’s annual budget and make recommendations on it to the appropriate University officers, following consultation with the department chairs, the directors of centers, and the College Consultative Committee.”

Law Example:

“The dean prepares and administers the budget and exercises other managerial functions in consultation with the consultative bodies of the faculty, students, civil service employees and other groups, as may be designated in the bylaws.”

Proposed Edit:

“III.1.2 - The Dean has final authority over strategic planning and budget recommendations made to the Executive Vice President and Provost; following consultation with members of the Senior Leadership Group.”

*Could also delete entirely. - TM

Page 8: Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN. Section 2: Appointment of the Dean “…A search committee will be appointed by the

Constitution & Bylaws Edits ARTICLE III. THE DEANSection 1: Duties and Authority

III.1.7 - The Dean, as chief executive officer, shall have final authority to make budgetary recommendations to the Senior Vice President and Provost or Provost’s designee. However, the Dean shall consult with department/school heads, program and center directors, and the Chair and Vice-chair of the Faculty Assembly concerning budgetary matters that affect the College as a whole.

Provost Office Feedback:

Good practice but not mandatory.

*And redundant to III.1.2 - TM

CEHDExample:

“Exercise final authority over preparing the college’s annual budget and make recommendations on it to the appropriate University officers, following consultation with the department chairs, the directors of centers, and the College Consultative Committee.”

Law Example:

“The dean prepares and administers the budget and exercises other managerial functions in consultation with the consultative bodies of the faculty, students, civil service employees and other groups, as may be designated in the bylaws.”

Proposed Edit:

Delete

Page 9: Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN. Section 2: Appointment of the Dean “…A search committee will be appointed by the

Constitution & Bylaws Edits Section 2: Appointment of the Dean

“III.2.1 – …It is recommended that at least two-thirds of the search committee shall be faculty with voting membership in the Faculty Assembly and that search committee membership shall also include undergraduate and/or graduate student representation, and academic professional/administrative and civil service/labor-represented representation. The search process should provide faculty, staff, students, and community partners with an opportunity to meet with and hear in a public forum from candidates who are announced as finalists for the position. Interim appointments will be made by the Provost, after consultation with the faculty and staff of the College. Typically, no Interim Dean appointment shall be converted to a permanent position and no Interim Dean appointment shall last longer than one year without conducting a full search for a permanent position.”

Provost Office Feedback:

Good practice but University HR and Provost controls. It is not up to an individual college. Could rephrase to something like "position of the CDes faculty" but the college constitution cannot dictate.

NursingExample:

“A search committee will be appointed by the Executive Vice President and Provost, and its membership shall be made up of representatives from college constituencies, including faculty, staff, and students. The search process shall provide faculty, staff, and students with an opportunity to meet with and hear in a public forum from candidates who are announced as finalists for the position, and allow for input to the Executive Vice President and Provost. Interim appointments will be made by the Executive Vice President and Provost, after consultation with the faculty and staff.”

Proposed Edit:

“III.2.1 – …It is recommended to the Provost that the search process should provide faculty, staff, students, and community partners with an opportunity to meet with and hear in a public forum from candidates who are announced as finalists for the position. Interim appointments will be made by the Provost, after consultation with the faculty and staff of the College.”

Page 10: Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN. Section 2: Appointment of the Dean “…A search committee will be appointed by the

Constitution & Bylaws Edits Section 3: Vote of No Confidence

“III.3.1. Should circumstances warrant, the procedure to call a Vote of No Confidence of the Dean can be initiated by the Faculty Assembly through the introduction of a written motion to recall the Dean, signed by a minimum of one-third of the members of the Faculty Assembly and filed with the Senior Vice President for Academic Affairs and Provost. The Provost shall then schedule a meeting of the Faculty Assembly to discuss and vote on the motion to recall. A two-thirds vote of the Faculty Assembly shall be required to recommend that the Provost be asked to declare a vacancy.”

Provost Office Feedback:

This is incorrect. Colleges cannot tell the Provost what to do. This is governed by the Provost’s office, University and HR policies.

Nursing Example:“The procedure for the SoN faculty to recommend a recall of the dean is initiated by the filing with the Executive Vice President and Provost of a petition to recall signed by a minimum of 30 percent of the voting members of the Faculty Assembly… A two-thirds affirmative vote of the voting members based on participation by a quorum of the Faculty Assembly shall be required to recommend to the Executive Vice President and Provost that the dean be terminated.”

CBS Example: “The regular faculty shall have the ability to exercise the right of a vote of no confidence in the dean. A petition to conduct a vote of no confidence must have signatures of a minimum of twenty percent of the regular faculty. Two-thirds of the regular faculty must vote to pass a resolution of no confidence in order to forward it to the executive vice president and provost.”

Proposed Edit:

“III.3.1. Should circumstances warrant, the procedure to call a Vote of No Confidence of the Dean can be initiated by the Faculty Assembly through the introduction of a written motion to recall the Dean, signed by a minimum of one-third of the members of the Faculty Assembly. A two- thirds vote of the Faculty Assembly shall be required to recommend that the Provost be asked to declare a vacancy.”

Page 11: Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN. Section 2: Appointment of the Dean “…A search committee will be appointed by the

Constitution & Bylaws Edits ARTICLE VI. COLLEGIATE GOVERNANCESection 1: College Administrative Structure; Associate & Assistant Deans - VI.1.3.a. & VI.1.4.a

“To fill a vacancy of an Associate/Assistant Dean, the Dean will conduct a search that shall provide faculty, staff, and students with an opportunity to meet with and hear in a public forum from candidates who are announced as finalists for the position. The search process will allow for input from faculty, staff, and students. The Associate/Assistant Dean serves at the discretion of the Dean.”

Provost Office Feedback:

Good practice but technically not necessary.

See Constitution Examples Above Proposed Edit:

“To fill a vacancy of an Associate/Assistant Dean, the Dean can either appoint directly or conduct a search that shall provide faculty, staff, and students with an opportunity to meet with and hear from candidates who are announced as finalists for the position. The Associate/Assistant Dean serves at the discretion of the Dean.”

Page 12: Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN. Section 2: Appointment of the Dean “…A search committee will be appointed by the

Constitution & Bylaws Edits ARTICLE VI. COLLEGIATE GOVERNANCESection 1: College AdministrativeDepartments/Schools Structure

“VI.1.5.a - To fill a vacancy of a department/school head, the Dean will appoint a search committee to recruit, identify, and evaluate qualified candidates. At least two-thirds of the search committee shall be faculty with voting membership in the Faculty Assembly. Students, academic professional/administrative staff, and civil service/labor-represented unit staff will each have at least one representative on the committee. A majority of the committee members will be appointed from the department/school for which leadership is being sought….”

Provost Office Feedback:

Good practice, not necessary.

CBSExample:

“The dean is responsible for appointing, reappointing and terminating department heads. During the search process for a new department head, the dean shall provide departmental faculty opportunities for input regarding membership of the search committee, the search process, and final selection. Departments may bring nominations to the dean. After soliciting and considering input from the faculty, the dean shall appoint or renew department heads for a specific term.”

Proposed Edit:

“The dean is responsible for appointing, reappointing and terminating department heads. To fill a department head vacancy, the Dean shall provide departmental faculty opportunities for input. If a search committee is established, the committee shall recruit, identify, and evaluate qualified candidates. Departments may bring nominations to the dean. After soliciting and considering input from the faculty, the dean shall appoint or renew department heads for a specific term”

Page 13: Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN. Section 2: Appointment of the Dean “…A search committee will be appointed by the

Constitution & Bylaws Edits ARTICLE VI. COLLEGIATE GOVERNANCESection 1: College AdministrativeDepartments/Schools Structure

“VI.1.5.b - The Dean shall initiate a review to assess the status, progress, and effectiveness of the department/school head’s administration at a minimum of every four years. This assessment will be robust, soliciting feedback from a wide spectrum of individuals affected by the head’s performance. The review will typically include a small review committee, who will prepare a written report of findings and recommendations for the Dean. Should circumstances warrant, voting faculty of the department/school may recommend to the Dean, by a two-thirds majority, the recall of the department/school head.”

Provost Office Feedback:

Constitution doesn't get to tell dean how to evaluate chairs. Could be an expectation but the constitution/bylaws don’t get to dictate Dean employment relationships.

CEHDExample:

“Department chairs are appointed by the dean, following consultation with the members of the department, for an initial period of three years, with the possibility of reappointment for subsequent three-year terms, but serve at the pleasure of the dean. The dean will conduct written annual performance evaluations of the chairs in addition to a comprehensive third year review.”

Proposed Edit:

“The Dean shall initiate a comprehensive review to assess the status, progress, and effectiveness of the department/school head’s administration at a minimum of every four years. Should circumstances warrant, voting faculty of the department/school may recommend to the Dean, by a two-thirds majority, the recall of the department/school head.”

Page 14: Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN. Section 2: Appointment of the Dean “…A search committee will be appointed by the

Constitution & Bylaws Edits ARTICLE VI. COLLEGIATE GOVERNANCESection 1: College AdministrativeDepartments/Schools Structure

“VI.1.5.c. - Should a department/school prove unable to govern itself due to fiscal mismanagement and/or operating in violation of University and College policies and procedures, the Dean may resort to the extraordinary remedy of taking it into receivership and appoint an interim head. The term of the interim head will be determined by the Dean in consultation with the voting faculty of the department/school for the purpose of ensuring the effective functioning of the unit…”

Provost Office Feedback:

Necessary? The constitution here is giving the dean permission to do their job.

N/A Proposed Edit:

“VI.1.5.c. - Should the Dean find it necessary to appoint an interimdepartment/school head, the term of the interim head will be determined by the Dean in consultation with the voting faculty of the department/school for the purpose of ensuring the effective functioning of the unit…”

*TM – Could also delete

Page 15: Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN. Section 2: Appointment of the Dean “…A search committee will be appointed by the

Constitution & Bylaws Edits ARTICLE VI. COLLEGIATE GOVERNANCECollege-wide and Intercollege Centers

“VI.1.6.b. To fill a vacancy in the directorship of a center, the Dean will appoint a search committee to recruit, identify, and evaluate qualified candidates. At least one-half of search committee members shall be composed of faculty members appointed from the departments/schools of the College. Additional members of the search committee shall be from the center for which a new director is sought and/or community partners. A director typically will be appointed for an initial three-year term. Subsequent terms are annually renewable, dependent on performance and available funding. The Dean shall initiate a review to assess the status, progress, and effectiveness of the director’s administration at a minimum of every four years. The Dean shall appoint a review committee to include faculty and staff and external stakeholders with expertise and interest specific to the center’s mission. Interim appointments will be made by the Dean, after consultation with the staff of the center. Typically, no center Interim Director appointment shall be converted to a permanent position and no Interim Director appointment shall last longer than one year without conducting a full search for a permanent position.”

Provost Office Feedback:

Vacancy - Not necessary. A director could be appointed.Review - Not necessary.

CEHD Example:

“Duties and Authority. The dean has general administrative authority over the college’s affairs and will:…Appoint chairs of departments and directors of collegiate centers, following consultation with the members of the collegiate department or center…

…Section 3. College-wide Centers. Following consultation with the senior leadership group, the dean may establish college-wide research and/or outreach and engagement centers with a multidisciplinary focus that report directly to the dean and that have administrative and budgetary responsibilities….”

Proposed Edit:

“VI.1.6.b. To fill a vacancy in the directorship of a center, the Dean can choose to appoint directly or can appoint a search committee to recruit, identify, and evaluate qualified candidates. A director typically will be appointed for an initial three-year term. Subsequent terms are annually renewable, dependent on performance and available funding.”

Page 16: Constitution & Bylaws Edits · 7/2/2020  · Constitution & Bylaws Edits ARTICLE III. THE DEAN. Section 2: Appointment of the Dean “…A search committee will be appointed by the

Constitution & Bylaws Edits ARTICLE VI. COLLEGIATE GOVERNANCEWorking Groups

“VI.1.8.a. The Dean has the authority to establish and charge working groups to address executive concerns of the College provided that they do not duplicate the scope and/or duties of the Faculty Assembly and its standing committees. Working group membership shall be established by the Dean in consultation with the Senior Leadership Group and shall include faculty, staff, and/or student representatives with relevant expertise and interests. Working groups shall submit regular reports to the Dean, the Senior Leadership Group, and the Faculty Assembly.”

Provost Office Feedback:

Necessary? The bylaws here are giving the dean permission to do their job.

N/A Proposed Edit:

Delete


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