Proposed Amendments to the Constitution and Bylaws Proposal

Amendment 1

[Amendment introduced by George Watson relating to the transmission of Senate actions to the university president and other entities.]

Unless otherwise directed by the University Senate, actions of the Senate shall be forwarded to the University Academic Council for execution. For actions requiring approval by the university president or other administrative officer, the Council shall create a transmittal form that specifies the action passed by the Senate, along with vote result, and a request that the university president or other administrative officer report back to the Council with his or her response to any action requested by the Senate. At its discretion or at the request of one-fourth of the senators present and voting or at the request of a majority of senators from any one campus present and voting, the Academic Council shall draft a letter to accompany the transmittal form that states the various arguments put forward by both those who spoke in favor and who spoke in opposition to the Senate action so that the views and wisdom of the Senate can be fully explicated.

[Rationale: Much of what the Senate does constitutes recommendations to upper administration, recommendations that are meant to convey the considered judgment and wisdom of the faculty and APs. It is our responsibility, when there are divergent views, to provide the different perspectives so that those who will make final decisions have a more complete understanding of the pros and cons of pending actions. This keeps open the possibility of action to ameliorate the differences and works to the benefit of all.]

Amendment 2

1. Membership
1. Elected: Each college shall have elect one member.
2. Ex officio nonvoting members: The university president, the executive vice president and provost of the university, dean of the Division of Graduate Studies Graduate College, dean of ASU Libraries University Librarian, Director of Academic Transfer Articulation, and the Senate president chair of the University Academic Council, or their designees.
3. The term of the elected members shall be two years. One-half of the elected members shall be replaced each year.
2. Purpose and function
1. Serves To serve in a policy-forming and advising capacity in matters concerning:
1. course proposals;
2. proposed establishment or disestablishment of academic units, such as colleges, schools, and divisions;
additions or deletions of colleges and schools, laboratories, centers, and institutes, or
3. academic programs, including degrees, certificates, minors, and concentrations;
4. , and on academic policies affecting more than one college or school, including changes in existing programs.
2. The committee also reviews To review and makes recommendations concerning:
1. honorary degree policies and criteria
2. proposed curriculum changes ranging from specific to programs
3. General Studies Program
4. graduate programs
5. research proposals affecting curriculum
6. extended education
7. graduation requirements
3. CAPC may create subcommittees, as needed.
3. Relationships
1. The chair of CAPC appoints himself or herself and four other members of CAPC to serve a one year term as the Tempe Campus Curriculum Subcommit5tee (TCCS).
   c. The chair of CAPC is a member of the Executive Committee and an ex officio member of the University Curriculum Advisory Committee and the Honors Faculty Council.
2. Through a subcommittee, the TCCS is authorized to decide course curriculum matters presented to it by the curriculum committees of colleges and other instructional units of the Tempe campus. TCCS decisions do not require ratification by the CAPC or by the senate.
   d. The CAPC maintains liaison relationships with the Honorary Degrees Committee, the Council for Research and Creative Activities, the General Studies Council, and the Graduate Council.

[Rationale: This wording stems from a discussion within CAPC. The language clarifies membership, specifies current actions, and corrects the list of groups to which it connects. The major substantive change concerns the subcommittees, which are made more vague. The current process of negotiating "one curriculum" involves complex differentiation about which courses CAPC must see and which might be delegated to a subcommittee.]

Amendment to the amendment submitted by Joe Comfort.

Insert as subsection 2.d.

2.d. CAPC is authorized to decide course curriculum matters presented to
it by the curriculum committees of colleges and other instructional
units. Decisions by CAPC do not require ratification by the senate.
Any requirement on students must be approved by the senate.

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Amendment 3

[Amendment introduced by George Watson changing language about procedures followed by grievance committees in Bylaws I.B.2.b.2 and I.B.2.d.2.]

The committee shall elect a chair from its membership and shall establish written procedural guidelines. The committee shall operate according to the “Grievance Committee Hearing Process and Procedures” compiled by the ASU Office of General Counsel. The committee shall follow the policies and procedures for grievances established in ABOR Policy 6-201 and ASU policy ACD509-02.

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Amendment 4

[Amendment introduced by Joseph Comfort moving proposed Constitution II.A.3.d to II.A.2.d making the vice president and dean of each campus a voting rather than nonvoting member of the University Senate.]

2. Ex-officio voting members
a. The president of the University The members of the University Academic Council.
b. The provosts The secretary of the Academic Assembly.
c. The vice-presidents. The parliamentarian of the University Senate, consistent with Robert's Rules regarding voting by the parliamentarian.
d. The dean of the Division of Graduate Studies The vice-president-and-dean of each campus.
e. The president, president-elect, past-president, and secretary of the Academic Assembly.
f. The president of the Undergraduate Student Government and the president of the Graduate and Professional Students Association.

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Amendment 5

[Amendment introduced by the UAC to proposed Constitution II.A.3.d adding the university vice presidents as ex officio nonvoting members of the University Senate.]

3. Ex officio nonvoting members.
a. The president of the university.
b. The executive vice president and provost of the university.
c. The executive vice president and chief financial office of the university.
d. The vice-president-and-dean of each campus. The vice presidents of the university.
e. The dean of the Graduate College.
f. The University Librarian.
g. The nonusers of the Academic Assembly
a. h. The chair of the Classified Staff Council.
b. The chair of the ASU Emeriti Organization. i. A representative of Undergraduate Student Government and the president of the Graduate and Professional Students Association.

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Amendment 6

[Amendment introduced by Joseph Comfort to reduce the proposed size of an academic unit from 40 to 30 for receiving a second senator in Article II.A.1.]

[Rationale: The leap from 26 to 40 Assembly members for a second senator is too large a bump. Some units with two senators would find themselves reduced to a single member. Thirty seems a more reasonable increase.]

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Amendment 7

[Amendment introduced by George Watson separating and specifying the processes for amending the constitution and the bylaws, respectively.]

Strike all changes to Amendment III and replace with the following language:

III. Amendments to the Constitution and Bylaws

A. The senate presidentUniversity Academic Council shall appoint a committee to review the constitution and bylaws at four-year intervals, beginning in spring 1991the Fall 2012 semester, and to recommend appropriate changes for senate Senate consideration.

B. Amending the constitution
  1. Any senator may propose an amendment as a main motion.
 C2. Any 10 Academic Assembly members may petition the senate University Academic Council to amend the constitution and bylaws. The Council shall forward any proposed amendment to the University Senate for its consideration.
 D3. Amendments may only be introduced at a regular meeting of the Senate. No amendment may be acted upon at the same meeting in which it is introduced. Proposed amendments to the constitution may be submitted to university counsel for analysis prior to the second reading of the amendment.
 4. A majority of the senate University Senate membership must approve any amendment. Amendments to the constitution must be submitted for to the Academic Assembly consideration and actionfor ratification.
 E. The business of a special meeting of the Academic Assembly could be to initiate an amendment or to review action of the senate on a proposed amendment.
 F. No amendment may be acted upon at the same meeting in which it is introduced.
 G5. Amendments to the constitution shall be ratified by the Academic Assembly as follows:
   1a. The secretary shall send a copy of each amendment to all members of the Academic Assembly at least three two weeks before a meetingscheduled forums or meetings of the Academic Assembly called by the senate University Academic Council for the purpose of discussing the amendment(s). Forums to discuss the amendment(s) shall be held on each campus.
   2b. Alternatively, amendments may be discussed at a regular meeting of the campus Academic Assembly memberships, provided that each amendment is sent to all members of the Academic Assembly at least three two weeks before the meeting.
    3c. Within a week following an the Academic Assembly meetings or forums at which one or more amendments were considered, electronic or printed ballots shall be distributed by theunder the authority of the senate Senate secretary to all members of the Academic Assembly. These ballots will conform to the instructions provided in Senate bylaw III. A. 5. The election and vote tally will conform to the instructions provided in Senate bylaw III. A. 6, 7, and 8.A period of not less than two weeks nor more than four weeks shall be specified for return of ballots. Ballots will be counted as specified in Bylaw III.
   4d. Approval requires support of two-thirds of all Academic Assembly members casting a ballot.
   5e. Upon approval by assembly Assembly action, amendments shall be forwarded to ABOR counsel and university counsel for their written analyses in accordance with applicable Board policy (ABOR 1-113) and to the university president for approval his or her consideration. and subsequent transmittal to Board and university counsel, in accord with applicable Board policy (ABOR 1-113). Amendments shall become effective when approved by the university president.

C. Amending the bylaws

1. Any senator may propose an amendment as a main motion.
2. Any 10 Academic Assembly members may petition the University Academic Council to amend the bylaws. The Council shall forward any proposed amendment to the University Senate for its consideration.
3. Amendments may only be introduced at a regular meeting of the Senate. No amendment shall be acted upon at the same meeting in which it is introduced. Proposed amendments to the bylaws may be submitted to university counsel for analysis prior to the second reading of the amendment.
4. A two-thirds vote of those Senate members present and voting is necessary to adopt an amendment. An affirmative vote on the motion to amend the bylaws is not subject to a motion to reconsider.
5. While the approval of the Senate is sufficient to adopt an amendment, a majority of those Senate members present and voting in the same meeting at which the amendment is approved may refer the amendment to the Academic Assembly for ratification. Referred amendments require the approval of the Assembly to be adopted.
6. Any bylaw passed by the Senate shall be subject to review by the Academic Assembly upon written request to the university president and the University Academic Council by any 30 members of the Academic Assembly. Request for review shall be made within three weeks after the posting date of the Senate minutes. The action in question shall be reviewed at a meeting called expressly for that purpose. A motion may be made at that meeting to refer the Senate-approved amendment to a vote of the Academic Assembly, a majority of those present and voting needed for ratification of that referral motion. Any amendment referred to the Academic Assembly for ratification requires a majority of those voting to approve.
7. Any bylaws amendment subject to the ratification of the Academic Assembly shall be ratified in accordance with sections III.B.5.a, b, and c of this constitution.
8. Upon approval by the Senate and acceptance by the Academic Assembly either by vote or acquiescence, any amendment shall be forwarded to ABOR counsel and university counsel for their written analyses in accordance with applicable Board policy (ABOR 1-113) and to the university president for his or her consideration. Amendments shall become effective when approved by the university president.

[Rationale: The original proposal separated amending the constitution from amending the bylaws, distinguishing between the constitution of the Assembly on the one hand and the bylaws of the Senate on the other. The original proposal did not specify the process for amending the bylaws, relying on Roberts Rules to specify the process. Roberts, however, encourages parliamentary bodies to specify that process. Because it would be messier to write in amendments to amendments, this amendment strikes the original proposed changes, although it does maintain for the most part the original proposed changes for amendments to the constitution. One exception is to reduce the increase in the number of Assembly members needed to petition for a constitutional amendment from 50 back to the original 10.]

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