Part II, Section II: Faculty Constitution and By-Laws

Updated: November 2, 2023

Contents

Faculty Constitution

By-laws of the Faculty Constitution

Faculty Constitution of East Carolina University

Preamble

The principle of shared governance, as understood by the University of North Carolina’s Board of Governors, makes the faculty of East Carolina University responsible to advise the Chancellor on academic policy, institutional governance, and any other matters pertaining to the institutions that are of interest and concern to the faculty (The Code of the Board of Governors of University of North Carolina, Section 502 D(2)).

This Constitution establishes procedures whereby this responsibility shall be discharged, and it defines the functions of the following governing bodies: the General Faculty, and the Faculty Senate. The General Faculty shall be the general electorate for the Faculty Senate, and the Faculty Senate shall be a legislative and advisory body representing the General Faculty.

The electoral units (see: Article III) shall establish governance structures in accordance with this Constitution. In adopting these structures, the electoral units shall recognize the right of the faculty to elect their own representatives.

Nothing in these articles shall limit the authority or obligations of Chancellor as specified in the UNC Code.

Article I. The General Faculty

Section 1. The General Faculty shall consist of all persons holding appointment to the rank or title of professor, associate professor, assistant professor or instructor inclusive of all modifiers; artists-in-residence and writers-in-residence; and emeritus faculty. The General Faculty shall have as its presiding officer the Chair of the Faculty, who shall be responsible for calling its meetings and for keeping a record of its proceedings.

Section 2. The voting membership of the General Faculty shall consist of all permanent employees of East Carolina University holding appointment to a tenured or probationary-term rank or a fixed-term title.

Section 3. The legislative powers of the General Faculty are vested in the Faculty Senate, whose powers are defined and members elected according to the provisions of Articles II and III.

Section 4. The Code of the Board of Governors of The University of North Carolina, Section 502.D(2) gives the Chancellor the responsibility for ensuring that East Carolina University has a faculty council or senate to “advise the chancellor on any matters pertaining to the institution that are of interest and concern to the faculty.” East Carolina University has elected to establish a Faculty Senate to advise the Chancellor in these matters.

Section 5. The General Faculty shall be empowered to perform the following functions: request and hear reports from and make recommendations to the Chancellor, the Faculty Senate or any member of the administration; discuss any matter relating to the welfare of East Carolina University or of the members thereof; amend this Constitution in accordance with the provisions in Article VII.

Section 6. The General Faculty shall meet at the pleasure of the Chancellor or the Faculty Senate of East Carolina University or upon petition to the Chancellor by at least fifteen percent of the General Faculty. A quorum is conclusively presumed at any meeting of the General Faculty called with at least ten days written notice. Otherwise, the presence of 125 voting members is necessary for a quorum.

Section 7. The academic units shall be organized into code units according to procedures recommended by the Faculty Senate and approved by the Chancellor. Except for the academic libraries, each code unit shall be responsible for at least one degree program.

Article II. Organization of the Faculty Senate

Section 1. The membership of the Faculty Senate shall consist of elected representatives and ex-officio members.

Section 2. The electoral units for the Faculty Senate shall be the academic code units. Each electoral unit shall be represented in the Faculty Senate in proportion to its share of the voting membership of the General Faculty, with at least one Senator but not to exceed fifteen percent of the elected Senators. All voting members of the General Faculty in at least their second year of appointment to the electoral unit that they will represent are eligible for election to the Faculty Senate.

Section 3. The number of elected faculty senators shall not exceed 63 nor be fewer than 57. Prior to the election each academic year, the ratio of faculty members to elected faculty senators will be determined by the Faculty Officers in accordance with the Faculty Senate Apportionment Guidelines. The Apportionment Guidelines will be reviewed by the Faculty Governance Committee every five years. Apportionment shall be based upon the number of voting members of the General Faculty appointed to each electoral unit at the start of the spring semester. In the event that an electoral unit must reduce its existing number of faculty senators, it shall do so by following democratic procedures.

Section 4. Each electoral unit shall elect alternate representatives as it deems necessary but not fewer that its allotment of Faculty Senators. Alternates shall be available to represent the electoral unit in place of an elected Senator at the Senator’s request. In such a situation, the alternate shall notify the Secretary of the Faculty.

Section 5. The faculty of each electoral unit shall establish procedures for the election of its Faculty Senate delegation (elected Senators and Alternates). All voting shall be by secret ballot. Each unit’s election procedures, and any revisions of such procedures, must be approved by the Faculty Senate.

Section 6. All voting members of the General Faculty are eligible to vote for faculty senators. Elections shall be held no later than the end of March each year with members-elect to take office on the day following the last regular meeting of the Faculty Senate in the spring semester.

Section 7. Senators and alternates shall serve two-year terms. Senators may be re-elected twice. After a lapse of one year following the expiration of this third term, they will again be eligible for election. Alternate representatives are not subject to term limits.

Section 8. In the event that a Faculty Senator is unable to complete a full term, that Senator’s electoral unit shall elect a replacement to serve the remainder of the original term.

Section 9. The seat of an elected senator who fails to attend more than three consecutively held meetings of the Faculty Senate shall be declared vacated by the Chair of the Faculty. If a senator is awarded a research or medical leave and an alternate senator attends in their place, the three consecutive meeting rule will not be invoked. (Faculty Senate Resolution #9-06).

Section 10. The ex-officio members of the Faculty Senate with vote shall include the following representatives of the East Carolina University administration: Chancellor; Provost, Vice Chancellor for Student Affairs, and one academic dean selected annually by the Provost. The immediate past Chair of the Faculty and the elected Delegates of East Carolina University’s Faculty Assembly shall also be ex-officio members. Ex-officio members of the Faculty Senate with vote shall have a vote in all Senate matters except the election of officers and committee members. Ex-officio members of the Faculty Senate without vote shall include a representative selected by the Staff Senate.

Article III. Functions of the Faculty Senate

Section 1. The elected members of the Faculty Senate and the various committees on which the faculty serve are the primary fora for the essential joint effort of the faculty and administration in the government of East Carolina University. The Chancellor and the Chair of the Faculty shall facilitate communication which will enable continuing and effective faculty participation in the Faculty Senate. The membership of the Faculty Senate shall consist of elected representatives and ex-officio members.

Section 2. The deliberative and advisory function of the General Faculty are realized in the Faculty Senate. The Faculty Senate shall ratify, amend, or remand all recommendations on academic policy or faculty welfare from standing or special committee of the Faculty Senate, or initiate consideration of any matters pertaining to academic policy or institutional governance, with particular emphasis upon matters of curriculum degree requirements, instructional standards, and grading criteria.

Section 3. The Faculty Senate shall be authorized to set up such committees as are necessary for the performance of its duties. The Faculty Senate may, at its own discretion, seek the advice and counsel of any member of the General Faculty.

Section 4. In exercising its function the Faculty Senate shall establish reasonable procedures to further Faculty Senate business.

Section 5. All action items passed by the Faculty Senate shall be forwarded to the Chancellor. The Chancellor shall notify the Chair of the Faculty in writing when action items from the Faculty Senate cannot be approved within thirty calendar days of receipt.

Section 6. The General Faculty shall be empowered to make recommendations to the Chancellor to amend or rescind any actions approved by the Faculty Senate. Any such actions shall require an affirmative vote of at least two-thirds of those faculty present and voting at a duly called meeting of the General Faculty.

Article IV. Officers of the Faculty and Faculty Senate

Section 1. The Faculty Officers shall consist of the following: the Chair of the Faculty, the Vice Chair of the Faculty, and the Secretary of the Faculty. Other positions may be established as they become advisable or necessary.

Section 2. All full-time faculty members in at least their sixth year of appointment are eligible to serve as Chair or Vice Chair of the Faculty. All full-time faculty members in at least their second year of appointment are eligible to serve as Secretary of the Faculty. In the event that a Faculty Officer is also a faculty senator, the electoral unit having elected the Senator is invited to elect a replacement. Faculty Officers who are not elected members of the Faculty Senate will not have a vote or count toward a quorum. The term of Faculty Officers shall be one year with the privilege of reelection.

Section 3. At the second regular meeting of the spring semester the elected members of the Faculty Senate shall nominate and elect a nominating committee to consist of five members. The nominating committee shall be elected from the ranks of the elected members of the Faculty Senate by a majority of those present and voting. Voting for members of the nominating committee shall be by secret ballot.

Section 4. The nominating committee shall submit to the Faculty Senate Office Administrator a slate of candidates for each office of the Faculty Senate at least two weeks prior to scheduled elections. Election of officers shall take place during an organizational meeting to be held on a Tuesday following the last regular meeting of the spring semester. Further nominations put forward by elected Senators or their designated alternates will be accepted from the floor. Voting for all officers shall be by secret ballot. Officers shall be elected by a majority of the elected Senators present and voting and shall assume their duties on July 1 following election.

Section 5. Before the first regular meeting of the Faculty Senate, the Chair will appoint the Parliamentarian of the Faculty. The Parliamentarian shall advise the Chair and the faculty on the parliamentary matters according to the latest edition of Robert’s Rules of Order, Newly Revised and the Faculty Constitution and its By-Laws. The Parliamentarian need not be a member of the Faculty Senate.

Section 6. If the office of the Chair of the Faculty shall become vacant, the position shall be assumed by the Vice Chair of the Faculty. If other offices shall become vacant, they shall be filled by a special election conducted by the Faculty Senate.

Article V. Duties of the Officers of the Faculty Senate

Section 1. The Chair of the Faculty shall preside at all meetings. They are empowered to call special meetings as hereinafter provided. The Chair is an ex-officio member of all academic committees of the Faculty Senate, and represents the faculty on administrative committees. The Chair may delegate to the Vice Chair or an appointed representative their seat on any of the academic or various administrative committees. The Chair shall appoint persons to fill unexpired terms of committees.

Section 2. The Chair of the Faculty supervises the Faculty Senate Office Administrator and, with their assistance, plans the Fall Faculty Convocation. The Chair is responsible for conveying greetings of the Faculty at commencement exercises and representing the Faculty at university functions and Board of Trustees meetings. For the length of their term as Chair, the Chair of the Faculty serves as a Delegate to the Faculty Assembly (but not exceeding six consecutive years), with duties as a delegate described in the Bylaws of the Faculty Assembly of the University of North Carolina, and referenced in the ECU Faculty Manual.

Section 3. The Vice Chair of the Faculty shall perform all of the duties of the Chair in the absence or incapacity of the Chair. The Vice Chair of the Faculty shall serve, at the request of the Chair of the Faculty, as the Chair’s representative on Faculty Senate Committees. The Vice Chair of the Faculty shall succeed to the office of Chair of the Faculty in the event that the office should become vacant during the term of the incumbent.

Section 4. The Secretary of the Faculty, with the assistance of the Faculty Senate Office Administrator, shall keep accurate minutes of all regular and special meetings, ensure distribution of copies of the minutes to all members of the General Faculty, keep an accurate list of membership of the Faculty Senate, keep an accurate record of attendance, inform the Faculty Senate Office Administrator when a seat becomes vacant, serve, at the request of the Chair of the Faculty, as the Chair’s representative on Faculty Senate committees, and perform such other appropriate duties as directed by the Faculty Senate.

Article VI. Meetings of the Faculty Senate

Section 1. Four regular meetings of the Faculty Senate will be held each fall and spring semester according to a schedule prepared by the Agenda Committee and approved by the Senate in the Fall Semester of the preceding year. The organizational meeting of the Faculty Senate will be held on a Tuesday following the last regular meeting of the spring semester.

Section 2. Upon written petition of fifteen members of the Faculty Senate, the Chair shall call a special session of the Faculty Senate within four workdays. In an exceptional situation in which the regular procedures for scheduling a meeting of the Faculty Senate are clearly inadequate and would occasion undue delay, the Chair of the Faculty shall be empowered to call a special session of the Faculty Senate. A notice stating the purpose of the special session shall be distributed to the members of the Faculty Senate and the General Faculty twenty-four hours prior to the meeting.

Section 3. A quorum shall consist of three-fifths of the elected faculty members of the Faculty Senate. Each elected member of the Faculty Senate shall have one vote. Unless otherwise indicated, the ex-officio members shall have one vote each. Voting by the Faculty Senate shall ordinarily be by voice vote. All matters shall be decided by a majority vote of those Senators present and voting except as stated in this constitution.

Section 4. The General Faculty shall be informed of the time, place, and agenda of all regular and special meetings. Meetings of the Faculty Senate shall be open to all members of the general public in accordance with the North Carolina Open Meetings Law.

Section 5. Upon the unanimous consent of the Faculty Officers, regular or special meetings of the Faculty Senate may be held via a teleconference or videoconference, provided that all Senators are able to be recognized, engage in discussion, receive pending motions, and participate in votes. The procedures for electronic meetings must be communicated to Senators as part of the agenda prior to the meeting date. Participation in a meeting by teleconference or videoconference shall constitute presence for purposes of voting and the determination of a quorum.

Article VII. Amendments

Section 1. Amendments to this Constitution must be recommended by the General Faculty and approved by the Chancellor.

Section 2. Any proposed amendment to the Faculty Constitution shall be presented first at a regular meeting of the Faculty Senate for discussion, amendment, or substitution. At the next regular meeting of the Faculty Senate said proposed amendment will be voted upon for submission to the General Faculty.

Section 3. Amendments to the Faculty Constitution that have been recommended by the Faculty Senate shall be reviewed by the General Faculty. The General Faculty’s recommendation of an amendment shall require a two-thirds affirmative vote of those present and voting at a meeting of the General Faculty.

Section 4. Amendments to this Constitution that have been recommended by the General Faculty shall be forwarded to the Chancellor for review. Amendments become effective with the Chancellor’s approval.

Article VIII. Adoption and Changing of By-Laws of the Faculty Constitution

Section 1. The Faculty Senate shall establish by-laws necessary to execute the business of the Faculty Senate. A motion to amend the by-laws shall be presented first at a regular meeting of the Faculty Senate for discussion only. At the next regular meeting of the Faculty Senate the motion to amend the by-laws will be acted upon, requiring a vote of two thirds of those elected senators present and voting for approval. After approval, the Faculty Senate shall forward the amendment to the Chancellor for review and approval.

By-laws of the Faculty Constitution

Article IX. Operation of the Faculty Senate

Section 1. The Faculty Senate shall be free to establish its own agenda. The agenda for meetings of the Faculty Senate shall be prepared by the Agenda Committee and disseminated to each member of the faculty at least one week prior to the meeting.

Section 2. All matters of academic policy brought before the Agenda Committee by action of the general faculty, any senator, or any standing or special committee shall be placed on the agenda not later than the time of the second regular meeting of the Faculty Senate after receipt of the recommendation.

Section 3. The following order of business shall be observed in meetings of the Faculty Senate unless Senators vote to change the procedures as provided in this constitution: (I) call to order, (II) approval of the minutes, (III) special order of the day, (IV) unfinished business, (V) report of Graduate Council, (VI) reports of committees, (VII) new business.

Section 4. Matters to be brought before the Faculty Senate shall be considered in the order set forth by the Agenda Committee unless modified by a two-thirds vote of faculty senators present and voting at any meeting of the Faculty Senate.

Section 5. To facilitate the efficient flow of business, seats shall be assigned as follows: Faculty Senators or their alternates shall be assigned seats in alphabetical order by electoral units. Ex-officio members shall be assigned seats on one row. Faculty members visiting the Senate shall seat themselves in the back of the meeting room, behind the seats assigned to Senate members.

Section 6. Only elected and ex-officio members (including alternates, representing their electoral units) may answer the roll call, vote, or occupy seats assigned to senators. Visitors may not participate in Senate discussions and business except by advance invitation of the Senate Agenda Committee or the Chair of the Faculty. Such an invitation will be announced to the Senators prior to the meeting.

Section 7. The minutes of the Faculty Senate shall be the responsibility of the Faculty Senate Committee on Minutes comprised of the Chair of the Faculty, Vice Chair of the Faculty, and Secretary of the Faculty with the assistance of the Faculty Senate Office Administrator. Minutes shall become official on approval by the Faculty Senate Committee on Minutes. The Faculty Senate Office Administrator will post the official minutes on the Faculty Senate website. Any corrections to the minutes by the Senate shall be made a part of the official minutes of the subsequent meeting. Incorporation into the official minutes of verbatim remarks shall be allowed or disallowed at the discretion of the Faculty Senate Committee on Minutes. The Chair of the Faculty may request that verbatim remarks be submitted in writing to the Secretary of the Faculty.

Article X. Committees of the Faculty Senate

Section 1. The standing committees of the Faculty Senate shall consist of Academic Committees, Faculty Senate Committees, and the Appellate Committee. The charge of each standing committee is available electronically on the Faculty Senate web site. The establishment and dissolution of standing committees is the responsibility of the Committee on Committees.

Section 2. Unless otherwise specified in a committee’s charge, all faculty members in at least their second consecutive year of full-time employment at East Carolina University are eligible to serve on Faculty Senate standing committees. A majority of the voting members of each Committee must be faculty members, and a variety of ranks and titles should be represented on each roster. The Chancellor and the Chair of the Faculty or their representatives serve as ex-officio members of all committees (Faculty Senate Resolution #20-27). Student members are nominated by the Student Government Association for appointment by the Chancellor. Members of committees serve in accordance with their ability, training, and experience rather than as representatives of their electoral unit.

Section 3. Members of Academic and Appellate Committees are elected to staggered three-year terms, which extend to the beginning of the fall semester. Service on an academic or administrative committee is limited to election to two consecutive three-year terms with ineligibility for election to the same committee for at least one year. Faculty members are not eligible to serve as an elected regular member on more than one Academic Committee at a time.

Section 4. The Chair of the Faculty may declare an elected member’s seat vacant upon the occurrence of three consecutive absences of that member. The Chair of the Faculty will appoint faculty members to fill vacancies of any Faculty Senate or Academic Committee that may occur during the academic year.

Section 5. The election of members to Academic Committees shall be as follows:

  1. Volunteers are solicited for committee service by the Committee on Committees with the assistance of the Faculty Senate Office Administrator.
  2. After reviewing the list of volunteers, the Committee on Committees presents to the Faculty Senate a slate of one or more nominees for each vacancy. Nominations may also be made from the floor of the Faculty Senate by any elected Senator (or their alternate). Election of Academic Committee members will take place at the Faculty Senate Organizational Meeting. Election will be by majority of elected Senators present and voting.
  3. The process above shall also be used in the election of faculty members to university Administrative Committees in cases where the committee charge specifies election by the Faculty Senate.

Section 6. Appellate Committee members must be permanently tenured, or probationary (tenure-track) voting faculty holding no administrative title (ECU Faculty Manual Part IX, Section I – Tenure and Promotion Policies and Procedures). The process for election of faculty to the Appellate Committee, which serves as a pool for populating hearing panels (see ECU Faculty Manual Part XII, Faculty Grievance Policies and Procedures) will be as follows:

  1. Each year in January, the Committee on Committees will solicit volunteers to serve on the Appellate Committee. Responses are due in the Faculty Senate office in February.
  2. The Committee on Committees will review all responses and present to the Faculty Senate a slate of one or more nominees as there are vacancies to fill. Nominations may also be made from the Faculty Senate floor. Appellate Committee members will be elected at the spring Faculty Senate Organizational meeting. Election will be by a majority of elected Senators present and voting. This by-law may be suspended in accordance with procedures specified in Robert’s Rules of Order, Newly Revised.
  3. A total of 30 tenured and probationary faculty will comprise the Appellate Committee, all serving three-year terms that are staggered with 10 members elected annually. All faculty ranks must be represented, with no fewer than 10 members from the rank of Professor, no fewer than 10 members from the rank of Associate Professor, and no more than five members from the rank of Assistant Professor. Individual faculty members are eligible to serve two consecutive three-year terms, which may extend to the beginning of the fall semester in the final year of a term. Faculty will be ineligible to serve again for one academic year after conclusion of a second consecutive term.
  4. When vacancies occur in the Appellate Committee between annual elections, the Faculty Senate will elect additional faculty members to the committee through nominations initiated by the Committee on Committees.
  5. Faculty who have been involved as either a grievant or respondent in an appellate hearing cannot serve on the Appellate Committee for the period of one three-year term from the date of the final decision on that appeal.
  6. An Appellate Committee member who becomes a grievant or respondent while serving will be replaced by the usual procedure for vacancies between annual elections.
  7. Members of the Faculty Governance Committee cannot be elected concurrently to the Appellate Committee.

Section 7. Regular members of the Agenda Committee and Committee on Committees must be elected Faculty Senators. Members are elected to one-year terms from among nominations made by elected Senators from the floor during the spring organizational meeting of the Faculty Senate. Service on the Agenda Committee and Committee on Committees is limited to six consecutive years with ineligibility for election to the same committee for at least one year.

Section 8. Officers of each committee are elected from among the regular members for a term of one year. Previous service as a committee officer shall not prejudice a member’s election to any committee office. Under normal circumstances each committee shall have a chairperson, a vice chairperson, and a secretary. Interim elections may be held to fill an office that has become vacant or to replace an officer that two-thirds of the full committee membership deems is not fulfilling the obligations of the office.

Section 9. Faculty Senate and Academic Committees meet on a standard schedule, set and revised by the Committee on Committees. All committees and subcommittees, unless prohibited explicitly by the committee’s charge, University policies, or state statutes, shall hold their regular and special meetings in open session in accordance with the North Carolina Open Meetings Law. The committee chairperson is responsible for informing the Senate office of the time and place of such meetings so they may be placed on the Senate calendar and publicized in order that interested faculty may attend.

Section 10. Each committee shall operate according to the latest version of Robert’s Rules of Order, Newly Revised. Minutes of each committee are on file in the Faculty Senate office and available electronically on the Faculty Senate web site and shall be sent to members of the committee and Chair of the Faculty. A file on each committee’s activities and records shall be maintained in the Faculty Senate office.

Section 11. The agenda for committee meetings is set by the committee chair and shall be disseminated to committee members in advance of the meeting. In carrying out the duties specified in their charges, committees should consult with appropriate administrators and are encouraged to invite persons with relevant expertise to attend committee meetings.

Section 12. The officers of each committee shall prepare and submit to the Faculty Senate Office in May of each year an Annual Report outlining the committee’s activities for that academic year. Copies of the committees’ annual reports will be kept on file in the University Archives and Faculty Senate office, and made available electronically on the Faculty Senate web site. Upon request, copies of committees’ annual reports shall be made available by the Faculty Senate office. Copies of the Annual Reports are also provided in committee organizational material at the start of the Fall semester.

Section 13. The Chair of the Faculty shall each year compile the Annual Report of the Faculty Senate. This report shall contain, among other things, a summary of Senate and Senate committees’ activities for the immediate past year. The Report will be distributed to the Chancellor, academic Vice Chancellors and made available on the Faculty Senate web site. Copies of the report will also be kept on file in the University Archives and the Faculty Senate office. In addition, copies of the Annual Report of the Faculty Senate will be distributed to the members of the Faculty Senate not later than the first regular Faculty Senate meeting of the next academic year.

Section 14. Special committees may be established by the Senate at the discretion of the Chair of the Faculty in consultation with the Faculty Officers. Members of special committees may be appointed by the Chair of the Faculty or elected by the Faculty Senate. At least one senator shall be on each special committee. The chair of a special committee may be appointed by the Chair of the Faculty or elected by committee members.

Article XI. The Graduate Council

Section 1. The Chair of the Faculty or their designee shall serve as an ex-officio member of the Graduate Council. The duties and responsibilities of the Graduate Council are described in the ECU Faculty Manual under Graduate School Governance. The Chair of the Graduate Council provides a monthly report to the Faculty Senate for information, comment, and advice.

Article XII. The Faculty Assembly

Section 1. Faculty Assembly delegates and alternates shall be elected as follows:

  1. The Faculty Assembly nomination form will be distributed in November to all faculty by the Committee on Committees with assistance of the Faculty Senate Office Administrator. The completed nomination forms are due in the Faculty Senate office in December.
  2. The Committee on Committees will review the nominations and present to the Faculty Senate a slate of one or more nominees for each vacancy. Additional nominations may be made from the Faculty Senate floor. Faculty Assembly representatives will be elected by the Faculty Senate at its January regular meeting. Election will be by majority present and voting. One Faculty Assembly Delegate will be the Chair of the Faculty, holding a term for each year they are elected to serve as Chair of the Faculty. As per the Bylaws of the Faculty Assembly, no delegate may serve on the Faculty Assembly for more than six consecutive years.

Approved:

  • FS Resolution #05-18 (Appendix A) September 2005, Chancellor
  • FS Resolution #05-19 (By-Laws) April 2005, Chancellor

Amended:

  • FS Resolution #09-06, September 2009
  • FS Resolution #12-79, April 2012
  • FS Resolution #14-88, December 2014
  • FS Resolution #19-76, June 2021
  • FS Resolution #20-27, April 2020
  • FS Resolution #23-53, November 2023