Bylaws

Article I. Personnel and Organization Article II. Faculty Meetings Article III. Committees Article IV. College Rules Article V. Circulation of By-Laws and Rules Article VI. Amendments and Repeal Resolutions | Rules

Article I. Personnel and Organization

Section 1. PERSONNEL. The Faculty of the College of Engineering and Physical Sciences shall consist of the President of the University (ex officio); the Dean, Associate Dean(s) and Assistant Dean(s); Tenure Track, Research, Adjunct, Affiliate, and Clinical Faculty with rank; Lecturers and Instructors.

Section 2. ORGANIZATION. The College shall be organized into departments and programs. The departments of the College shall be as follows: Chemical Engineering, Chemistry, Civil Engineering, Computer Science, Earth Sciences, Electrical and Computer Engineering, Mathematics and Statistics, Mechanical Engineering, and Physics. Instructional, research, or service activities, which involve Faculty groups other than those defined by traditional departmental lines may be organized into programs.

Section 3. OFFICERS. The Dean shall be the presiding officer of the Faculty. In the absence of the Dean, unless a temporary presiding officer has been designated by the Dean, the Executive Committee shall appoint a temporary presiding officer. The presiding officers of Departments shall be designated as departmental Chairpersons. The presiding officer of a program shall be designated as program Chairperson. Department chairs have budgetary responsibilities and are involved in promotion and tenure evaluations. Both department and program chairpersons are responsible for the academic mission of their unit. This includes recruiting students, maintaining records and insuring necessary courses are taught. The Dean shall appoint a member of the Faculty to act as Secretary of the Faculty. The faculty shall elect a Faculty Moderator who will conduct faculty meetings and supervise College-wide elections.

Section 4. DUTIES AND RESPONSIBILITIES:

a. The Faculty shall have legislative jurisdiction in all academic matters not in conflict with University policies. The Faculty may delegate authority, as deemed appropriate, to the Dean, or to standing or special committees, who may then act on behalf of the Faculty.

b. The Dean shall serve as chief executive officer of the College acting on behalf of the Faculty in the carrying out of the academic programs of the College. The Associate Dean(s) and the Assistant Dean(s) shall have the responsibilities as may be assigned to them by the Dean.

c. The Chairperson of a department or a program represents the Faculty in the unit and shall be responsible to the Dean for the administration of the unit.

d. The Secretary of the Faculty is responsible for recording the minutes of faculty meetings and maintaining a permanent file of these minutes. The Secretary will maintain a true copy of the existing By-Laws, Rules and Resolutions of the College. In the first month of each academic year, the Secretary shall be responsible for initiating a meeting of each standing committee of the College. TOP

Article II. Faculty Meetings

Section 1. MEETINGS. The Faculty of the College of Engineering and Physical Sciences shall have at least one meeting each semester, the time of such meetings to be set by the Dean. Meetings shall be called by the Dean acting independently or at the written request of ten faculty members. Notification of meetings and the agenda shall be sent as far as possible in advance of the meeting to all members of the Faculty. Any issue of substance that could require a vote should be included in the agenda of the meeting, and background information on such issues should be made available to the Faculty not less than 1 week prior to the meeting. All College Faculty meetings shall be presided over by a Moderator, who shall be elected biennially by the Faculty.

Section 2. VOTING ELIGIBILITY. The President of the University, the Dean, the Associate Dean(s) and Assistant Dean(s) of the College and all Faculty with full voting rights in their departments may vote at College Faculty meetings. Other Faculty may attend but not vote.

Section 3. QUORUM. A quorum shall consist of 50% of the voting eligible Faculty members of the College. The basis for computing the quorum is the number of Faculty members eligible to vote, with the exception of Faculty not present due to sabbatical or other excused absence. A call to count the quorum will apply only to a vote on the current item of business. A lack of quorum will not lead to suspension of all discussion or other business of the meeting, but merely to the suspension of a vote on that specific business (with the exception of the potential impact of the Sub-Quorum defined in Section 4). A vote on a motion passes if the number of yes votes exceeds the number of no votes, except for votes under Articles IV and VI.

Section 4. SUB-QUORUM. At any time during the discussion of business requiring a vote, a motion can be made to move the voting on the issue to an electronic/paper vote to be held at a later date following the guidelines described in the College Rules. If a call to count the quorum is made on this motion to defer the vote, a sub-quorum of 40% of the voting eligible Faculty members will be used. If the sub-quorum is met, a vote on the motion to defer the vote on the original issue can be held and the motion to defer the vote passes if the number of yes votes exceeds the number of no votes. If the motion to defer the vote passes, a subsequent electronic/paper vote on the original issue will be organized by the Moderator. The quorum for the subsequent electronic/paper vote on a motion will be 60% of the voting eligible Faculty members and the motion passes if the number of yes votes exceeds the number of no votes, except for votes under Articles IV and VI. The quorum will be counted based on the total number of yes votes, no votes and abstentions received within the designated time interval.

Section 5. PROCEDURES. In its proceedings the Faculty shall be governed by Robert's Rules of Order, except in such cases as shall be otherwise provided.

Section 6. ORDER OF BUSINESS. The Order of Business shall be roll call, minutes of the previous meeting, reports of standing committees, reports of other committees, communications from the directors and chairmen, communications from the Dean, unfinished business, and new business. TOP

Article III. Committees

Section 1. STANDING COMMITTEES. The following shall constitute the standing committees of the Faculty:

a) Curriculum and Academic Planning
b) Executive
c) Promotion and Tenure
d) Rules

Members of all committees, with the exception of the Executive Committee, shall be elected for a term of two years. Each committee shall circulate minutes of all meetings to its members and to the Dean. Each committee is required to submit a written annual report to the Faculty. The Dean shall maintain a permanent file of these minutes and annual reports.

a) Curriculum and Academic Planning Committee

1. This Committee shall consist of the Dean, or the Dean's representative, as a member without vote, and an elected representative from each department. The Committee shall elect its chairman and secretary at the first meeting of each academic year.

2. It shall be the duty of the Curriculum and Academic Planning Committee to consider the curricula of the College, to investigate and plan possible future academic activities of the College, and to submit recommendations to the Faculty.

b) The Executive Committee

1. This Committee shall consist of the Dean, Associate Dean(s) and Assistant Dean(s) of the College, and the Chairperson of each department of the College. Chairpersons may select other people to represent them on the committee. The Dean of the College shall be the Chairperson of the Executive Committee.

2. It shall be the duty of the Executive Committee to act on all matters referred or delegated to it by the Faculty, to act for the Faculty on matters arising between meetings of the Faculty, and to advise the Dean

c) Promotion and Tenure Committee

1. This Committee shall consist of six members, three from the group that includes the Physics, Chemistry, Mathematics and Statistics, Computer Science, and Earth Sciences departments; and three from the group that includes the Civil Engineering, Chemical Engineering, Electrical and Computer Engineering and Mechanical Engineering departments. No two members of the committee shall be from the same department. College faculty members who hold tenure at the University of New Hampshire, except the Dean, Associate Dean(s), Assistant Dean(s), and Department Chairpersons are eligible to serve on this committee. Each member shall serve a two-year term. The committee shall elect its chairperson and secretary at the first meeting of the academic year.

2. It shall be the duty of this Committee to carry out an independent review of all Promotion and Tenure Statements, including supporting documentation received from Departments in the College. The Committee also shall review requests for promotion and tenure of other persons who have not been recommended by their Departments. Should the Committee decide to consider such a case, it will request the Departmental Chairperson to initiate the process following the standard procedure.

3. The Committee shall act in accordance with the Rules established by the Faculties of the College and of the University.

d) Rules Committee

1. This committee shall consist of an elected representative from each Department. A chairperson and secretary shall be elected at the first meeting of each academic year.

2. It shall be the duty of this Committee to consider and recommend changes in the By-Laws and Rules of the College.

Section 2. SPECIAL COMMITTEES. Such temporary committees as the Faculty or Dean may establish, shall constitute the Special Committees of the Faculty or Dean. TOP

Article IV. College Rules

Section 1. DEFINITION. Rules of procedure or practice adopted by the Faculty shall be known as College Rules.

Section 2. ADOPTION AND CHANGE. College Rules may be established, amended, or deleted by a unanimous consent of the voting eligible Faculty present at any meeting, or by a two-thirds vote of all voting eligible Faculty members participating in the vote provided such proposed legislation was presented in writing at a previous meeting. Article II Sections 2, 3 and 4 determine the voting process. TOP

Article V. Circulation of By-Laws and Rules

Section 1. CIRCULATION. A copy of the current By-Laws and Rules shall be given by the Dean to each new Faculty member, and to any other Faculty member upon request. Copies shall be circulated by the Dean to each member of the Faculty upon request of the Rules Committee. TOP

Article VI. Amendments and Repeal

Section 1. CONFLICTS. In the event that any provision in the College By-Laws or Rules is found to be in conflict with the currently operative Collective Bargaining Agreement, then the latter document shall take precedent.

Section 2. AMENDMENTS. These By-Laws may be amended at any meeting of the Faculty (see Article II) by unanimous consent of the voting eligible Faculty members present or by a two-thirds vote of all voting eligible Faculty members participating in the vote provided such amendments were presented in writing at a previous meeting. Article II Sections 2, 3 and 4 determine the voting process. TOP

Resolutions

The assessment of faculty members of the College of Engineering and Physical Sciences for any University purpose and the accumulation, maintenance, and destruction of faculty personnel files within the College shall be governed by rules set by the Faculty of the College of Engineering and Physical Sciences consistent with AAUP guidelines on such matters. Within these general rules and for purposes internal to the Department each Department of the College shall be free to review the performance of its members as it sees fit and to create and manage such files as it deems necessary.
(Passed as a motion on October 19, 1972)

Be it resolved that:
"Any unilateral administrative decision to terminate an established academic program, curriculum, department, or planning for same, without full knowledge by the faculty affected and active participation by appropriate faculty, and/or their duly constituted planning committees, would be an unprecedented transgression over faculty prerogatives, rights, and responsibilities."
(Passed as a motion on March 21, 1973)

Resolution - Promotion and Tenure Procedure

1. The Faculty of the College of Engineering and Physical Sciences supports the principles set forth in the AAUP 1940 Statement of Principles on Academic Freedom and Tenure and requests that all persons involved in the promotion and tenure procedures for faculty members of this University uphold these same principles.

2. The Faculty of the College of Engineering and Physical Sciences requests that the 1963 AAUP statement on the Standards for Notice of Non-reappointment should not be violated.
(Passed as a motion on April 18, 1974)
(See also Faculty Meeting Minutes October 14, 1971)
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Rules of the College of Engineering and Physical Sciences

1. Election Dates
Members of all Standard Committees with the exception of the Executive Committee shall be elected during the first four weeks of the academic year.

2. Faculty Moderator
The Faculty Moderator must be a full-time non-administrative member of the College Faculty.

Each department shall submit the name of one nominee (not necessarily from that department) to the Dean. The Dean shall then conduct a single ballot of the Faculty during the last eight weeks of every other academic year. The nominee receiving the most votes in excess of one-third of those cast shall be elected with the others serving as alternates according to the number of votes received. If no candidate receives a one-third of the votes cast, there will be a run-off election among the three candidates receiving the most votes.

The Faculty Moderator shall preside over faculty meetings and supervise all college-wide elections.

3. Election Procedure for Promotion and Tenure Committee
Departments shall be grouped into an engineering group and a science group. Each year, a representative from each group shall be elected. In alternate years, an additional member shall be elected from the group where vacancy exists.

The Faculty Moderator shall prepare and circulate a list of all faculty in each group eligible to serve on the committee. Faculty members who have served on the committee during the previous four years are not allowed to succeed themselves and will not be included on the list of eligible faculty. Before departments nominate candidates, eligible faculty will be given a minimum of ten days to request that their name be removed from this list if they have compelling reasons for not serving on the committee. From the final list of eligible faculty each department will nominate two individuals from its group. If a department is not currently represented on the committee, at least one of its nominees must be a member of that department.

A first ballot shall be prepared from these nominations. The entire tenure-track faculty shall then vote for as many positions in each group as are to be filled in both groups. A second ballot shall be prepared listing those candidates who receive the largest number of votes on the first ballot. The second ballot shall have listed in each group twice the number of positions to be filled in that group. Additional names may be listed if ties occur. The entire tenure track faculty shall then vote for the number of individuals in each group as there are positions to be filled in that group. Members elected by the second ballot shall be the individual(s) who received the most votes in the group in which the vacancy(s) exist. In case of ties, a run-off election shall be held. Election of members to fill unexpired terms may be made from the Departmental nominations by appropriately increasing the number of candidates on the first and second ballots. The increased number of names listed shall be twice the number to be selected by that ballot. If, after the election procedure is completed, extraordinary personal circumstances prevent an elected member from serving, the faculty moderator will appoint as a replacement the highest eligible finisher in the election that selected the member who is unable to serve.

4. Promotion and Tenure Procedures

1. The materials in the file prepared for the purpose of promoting and/or tenure, with the exception of comments by the Department Chairpersons, and University administrators, and confidential letters, shall be accessible to the faculty member being considered.

2. A member of the College Faculty who is being considered for promotion and/or tenure shall be given the opportunity to respond to the Department Chairperson on the statement of evaluation by the Department Promotion and Tenure Committee, if this Committee exists, and to the College Dean on the statement of evaluation by the College Promotion and Tenure Committee within a reasonable time before either the Chairperson or the Dean completes his/her evaluation of the member. After the College Promotion and Tenure Committee has made its recommendation, the College Dean will consult with each candidate before making his own decision.

5. College Promotion and Tenure Committee

1. For each candidate for promotion and/or tenure, a review and recommen-dation to the Dean, including a Committee vote shall be made by all members of the P&T Committee who do not belong to the candidate's department.

2. At the time the Committee sends its recommendation on a faculty member and the evaluation supporting this recommendation to the College Dean, it shall also make sure that the faculty member being reviewed has a clear understanding of the basis on which the Committee's recommendation was made.

6. Review Procedure for Promotion and Tenure
If at any time after the College of Engineering and Physical Sciences Promotion and Tenure Committee, or the College Dean, or the Graduate Dean, or the Vice President for Academic affairs has evaluated a faculty member and that person has not been recommended for promotion and/or tenure by any of the evaluators listed, then that candidate should be so notified by the Dean of the College. This should occur as soon as possible after any negative decision has been made and must occur before any recommendation goes forward to the President. The candidate should be informed that he or she has seven days to request a review of that decision. No public announcement shall be made until this review process is complete.

The review shall be conducted by a Review Committee composed of five faculty members chosen from former CEPS Promotion and Tenure Committee members in reverse chronological order and direct alphabetical order. If the candidate is from the sciences, the Review Committee shall consist of three science faculty members and two engineering faculty members; if from engineering, the committee shall consist of three engineering faculty members and two science faculty members.

Upon completing its review, the Review Panel shall promptly submit its recommendation to the College Dean.

7. Procedures for Special Elections
A special election is held for the purpose of choosing a member(s) of the College Faculty as a representative(s) of the College on a committee that has not been previously identified in the College By-Laws.

Each Department may nominate up to as many candidates as there are representatives to be chosen for the committee, and the Faculty Moderator shall prepare a ballot of these nominations. The entire College Faculty shall vote for as many nominees as there are positions to be filled, and the nominee(s) with the most votes shall be elected. If a tie vote occurs for a position, a run-off election shall be held among the individuals who are tied.

Election of members to fill unexpired terms will proceed in the above manner.

8. Procedures for Deferred Electronic/Paper Votes
Article II Section 4 of the Bylaws describes a mechanism by which the vote on a motion introduced at a meeting of the Faculty can be deferred to a subsequent electronic/paper vote. In such cases, voting should begin one week after the meeting and voting should be open for one additional week. During the first week after the meeting, the text of the motion being considered and any other supporting documentation should be distributed to the Faculty electronically, with paper versions available on request. In addition, additional documents addressing the motion, provided by any member of the Faculty during the week, should be similarly distributed. Also during the first week, all voting eligible members of the Faculty should be notified of the pending vote. During the second week, voting eligible Faculty members will submit ballots in the form of paper or electronic ballots. A mechanism that implements the electronic balloting should be chosen by the Moderator, and should protect the anonymity of the voter. TOP