Constitution

DIABLO VALLEY COLLEGE
CONSTITUTION OF THE  FACULTY SENATE
(Adopted 5/16/91) 

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(Adopted 5/16/91, amended 10/11/94, amended 10/8/2002)

In the academic world there has long existed a tradition of faculty leadership in the formulation of educational and professional policies of colleges and universities. This tradition has reflected a general recognition of the unique and preeminent qualifications of faculties in such matters, and it has derived from the experience that faculty morale, effectiveness, and institutional commitment are all enhanced according to the degree of faculty involvement in policy making, through traditional democratic procedures.

The California Legislature has endorsed this principle of faculty participation in governance and has provided a basis in law for its implementation. Title 5 of the Official California Code of Regulations establishes the right of community college faculties to form academic senates and describes their powers and duties (Division 6, Chapter 4, Sub-chapter 2, Article 2, Sections 53200 - 53206). Building on this foundation Assembly Bill 1725 (C.973,Statutes 1988) has further expanded the faculty's role in governance. Specific language in this law requires that the governing board of a district "reach joint agreement" or "rely primarily on the advice and judgment of the academic senate in academic and professional matters." This expanded faculty role in governance brings increased responsibilities along with a more influential voice, and it is recognized that constant communication and consultation among faculty, board, and administration are essential.

Under the new statutes it is clearly understood that the making of policy concerning academic and professional matters lies jointly with the Governing Board of the District and the Senates. The provisions set forth in this Constitution are based upon the faculty's confidence that increasingly the board and the administration will recognize the wisdom of maximizing faculty influence and participation in policy making, in a partnership of shared governance.

Article I:  Name
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The name of this organization shall be the Faculty Senate of Diablo Valley College. 

Article II:  Responsibilities of the Faculty Senate
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Article III:  Organization of the Faculty Senate
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Section 1.  Membership 
Members of the Faculty Senate shall be all faculty members, not designated as  supervisory or management (Title 5, official California Code of Regulations, Section 53200a). 

Section 2.  Officers 
Officers of the Faculty Senate shall be a President, a Vice-President, and a Corresponding Secretary, who shall also serve as officers of the Faculty Senate Council. 

Section 3.  Meetings 
General meetings of the Senate may be convened by the Senate President with the advice of the Senate Council, or by petition of at least ten percent (10%) of the Senators.  

Article IV:  Officers & Representatives
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Section 1.  Responsibilities of the Faculty Senate Council 

The Council shall: 

1. meet at least once a month during the academic year. 
2. advise the Agenda Committee, as may be requested, in developing agendas for meetings of the Senate Council and for any general meetings of the Faculty Senate called by the Senate President with the advice of the Council. 
3. coordinate and monitor the efforts of the Standing Committees of the Faculty Senate and refer agenda items to appropriate committees; review and/or act upon the deliberations and recommendations of the Standing Committees as necessary. 
4. refer issues of sufficient importance to a vote of the Faculty Senate.  The Council will seek implementation of the will of the Faculty as expressed by such votes.  Issues may originate with the Council, be referred to the Council by a Standing Committee, or be mandated by a petition of fifteen percent (15%) of the Faculty Senate. 
5. consider, recommend, and seek implementation of programs and policies of educational significance.
6. approve faculty appointments to all committees and other groups dealing with academic and professional matters.
7. advise the college administration and Governing Board regularly, through the Senate President, of the recommendations of the Faculty Senate and Council.
8. recognize faculty interest groups, provided they supply the Council with their name, statement of purpose, proposed duration and contact person(s).  Such recognition shall not constitute an endorsement by the Faculty Senate or Council. 

Section 2.  Membership of the Faculty Senate Council 
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1. Membership of the Faculty Senate Council shall be the following: 

1. the officers of the Faculty Senate 
2. one elected full-time tenured faculty member from each instructional division 
3. the chairperson, or designated alternate, of the Student Services Committee 
4. the Staff Development Coordinator - if a faculty member
5. two (2) representatives elected from and by the part-time faculty.
6. one at-large representative elected by the faculty 
7. a librarian selected by the library department when there is not a librarian on the Council in another capacity 
8. one student representative selected by the ASDVC (non-voting) 

2. Council members not able to attend Council meetings may not be substituted for unless the duration will be more than three (3) successive meetings.  Substitutes will be elected by the appropriate constituency. 
3. No provision is recognized for proxy voting by Council members. 
4. The quorum for the Council shall be a majority  of the Council membership, excluding vacancies. 
5. All faculty members of the Council shall have full voting privileges. 
    

Section 3.  Responsibilities of the Officers of the Faculty Senate Council 
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1. Responsibilities of the President 
   The Senate President shall: 

1. preside over meetings of the Senate Council and the Faculty Senate and conduct them according to "Robert's Rules of Order," most current edition 
2. present the recommendations of the Faculty Senate Council to the college administration and to the District Governing Board and/or its representatives, 
3. represent views of the faculty at meetings of appropriate committees at the college, district, and state levels, 
4. recruit faculty representatives for all committees as appropriate and present to the Council for appointment 
5. establish or terminate, with the advice and consent of the Senate Council, sub-committees, standing and ad hoc committees of the Senate Council. 

2. Duties of the Vice-President 
   The Vice-President shall: 

1. perform the duties of the Senate President in his/her absence. 
2. serve on or attend meetings of appropriate committees at the college, district and state levels, 
3. assist the Senate President as needed in delegated tasks and duties. 

3. Duties of the Corresponding Secretary 
   The Corresponding Secretary shall: 

1. draft correspondence for the Senate President or Council as required. 
2. assist the Senate President as needed in delegated tasks and duties. 
    

Article V:  Faculty Senate Standing Committees
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Section 1.  Responsibilities 

1. the Standing Committees, informed and guided by the Senate Council, shall represent the Faculty Senate in their respective areas of competence. 
2. the chair of each Standing Committee shall file with the Senate Council all minutes and reports of its actions and report to the Senate Council as needed. 
3. at the discretion of a committee, any matter of committee business may be referred to the Senate Council through the Senate President, 
4. each Standing Committee shall agree upon and file with the Senate Council, for its approval, a statement of philosophy, mission, or goals for that committee. 

Section 2. Additional Responsibilities and Procedures 
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The names of the Standing Committees, other responsibilities, membership, voting, and terms of office shall be described in the Bylaws for Faculty Senate and Senate Council. 

Article VI:  Elections
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Section 1.  Election Committee 

1. All elections, except division or department elections, shall be conducted by an election committee, which shall consist of at least two (2) senators appointed by the Senate President, with the consent of the Council  The committee shall be appointed in a timely manner before each election and shall terminate at the end of the election.  Members of the Senate Council may not serve on the election committee. 
2. The responsibilities of the election committee shall be making official nominating petitions available, producing official ballots, announcing polling locations and times, counting ballots, and declaring results. 

Section 2.  The Election Process 
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1. the Senate President shall, in the first week of November of each election year, declare dates for general elections to be held during the spring term. Elections for President and Vice president will be held in the spring term of odd-numbered years. Elections for Corresponding secretary and Full-time Representative-At-large will be held in the spring term of even-numbered years.
2. Nominations for officers of the Faculty Senate shall be accepted by the Election Committee when a nominating petition containing the signatures of ten (10) senators in support of a candidacy shall have been received. 
3. Nominations for the part-time faculty representatives to the Senate Council shall be accepted by the Election Committee when a nominating petition containing the signatures of the (10) part-time faculty members in support of a candidacy shall have been received. 
4. A candidate for President, Vice-President,  Corresponding Secretary or rep-at-large of the Faculty Senate who receives a majority of the votes cast for that office shall be elected.  In the event that no candidate receives a majority, a run-off election shall be held between the two candidates with the largest pluralities. 
5. The candidate for part-time faculty representative to the Senate council who receives the largest number of votes shall be elected.  The candidate with the second largest number of votes shall be elected as alternate. 
6. A division representative to the Senate Council shall be elected in accordance with Division Bylaws. 

Section 3.  Terms, Eligibility, Qualifications, and Restrictions 
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1. Senate officers, division representatives to the Senate Council, and the part-time faculty representative and alternate to the Senate Council shall serve two-year terms. 
2. Terms for Senate Standing Committee members may vary and shall be detailed in the Bylaws for Faculty Senate and Senate Council. 
3. All terms of office for elected officers shall begin on the day following the end of the fiscal year. 
4. Voting in all elections shall be by secret ballot. 
5. A senator teaching in more than one division shall be considered a member of, and vote in that division in which the majority of his/her teaching occurs for that semester. 
6. No provision is here recognized for write-in voting or for voting by proxy. 
7. Absentee voting in elections shall be permitted for senators who are on sick leave, administrative leave, or other official leaves of short duration or who are on sabbatical leave, but not for those on extended leaves of absence, i.e., leaves for which the senator is not on contract with the district.  It shall be the responsibility of the senator to acquire and cast the ballot. 
8. A part-time faculty member shall have a one-third (1/3) vote.  When voting for the part-time representative to the Senate Council or alternate, a part-time faculty member shall have one (1) full vote. 
9. All faculty members who run for any Senate office shall be full-time tenured faculty members. All faculty members who serve on standing committees or the Council shall have been employed in the district for  at least one (1) year. 

Section 4.  Special Elections 
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1. Recall 
   When a number of Senators equal to thirty per cent (30%) of the regular faculty shall have signed a petition requesting the recall of an officer of the Senate, or when thirty percent (30%) of the part-time faculty shall have signed a petition requesting the recall of a part-time representative to the Senate Council, a recall election shall be held within two (2) weeks of the receipt of the petition by the Senate Staff Secretary.  The recall of division representatives to the Council or standing committees shall be the responsibility of the divisions, in accordance with division bylaws or procedures.  If a majority of the appropriate constituency vote to recall an incumbent, that slot shall be considered vacant and shall be filled by special election. 
   
2. Vacancies 
   Any vacancy among the Senate officers shall be filled by special election for the duration of the unexpired term.  In the case of a temporary interim vacancy of one (1) semester or less, the Senate President may fill the vacancy by appointment with the consent of the Senate Council.  If an elected office goes unfilled at the end of the spring term in an election year, the Senate President may fill the vacancy by appointment with the consent of the Senate Council. 
   
   Any vacancy on a Standing Committee with one rep from each division or among division representatives to the Senate Council, when declared by the Senate Council, shall be filled by division action. If a division fails to act within thirty (30) days of the declaration of vacancy, the Senate President may fill the vacancy by appointment from the appropriate division, with the consent of the Senate Council.  Any faculty vacancy on a Senate sub-committee, advisory committee, ad hoc committee,  or task force may be filled by appointment by the Senate President, with the consent of the Senate Council. 
   

Article VII:  Amendments
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Voting will take place after discussion of the amendment has been provided for in a general meeting of the Senate and shall be conducted according to the election procedures set forth in Article VI. 

Article VIII:  Changes in the Bylaws
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