CONSTITUTION AND BY-LAWS

Approved by Board of Regents on May 11, 1999

PREAMBLE

The evolving demands of university status warrant a participatory system of governance that creates for each member of the Morgan State University community an opportunity for involvement, communication, and accountability.

This Constitution/ By-Laws establishes the Morgan State University Council as a campus-wide governance structure involving the administration, faculty, professional administrative staff, classified employees, and student body in the ongoing operation of the University. This Constitution/By-Laws assumes that the University community is willing and has the opportunity to engage in shared work and shared responsibility.

The functioning of the University Council shall not supersede either the statutory authority of the Board of Regents as the University's governing body or the President as the University's chief executive officer and administrator.

ARTICLE 1

JURISDICTION AND FUNCTIONS OF THE UNIVERSITY COUNCIL

There is hereby created a Morgan State University Council, which shall be responsible for reviewing proposed policies and advising the President concerning those policies of University-wide impact. The University Council shall review such matters as are submitted by the President for its consideration and advice. The University Council may also, on its own initiative, make recommendations to the President for the President's and the Board of Regent's consideration with respect to any matter of University-wide significance and impact.

ARTICLE 2

COMPOSITION OF THE UNIVERSITY COUNCIL

Section 1: Composition Generally. The University Council shall consist of forty-four members, fourteen of whom shall be non-voting members and thirty of whom shall be voting members. The members shall be selected in accordance with the criteria specified in the succeeding sections of this Article.

Section 2: Non -Voting Members. The following persons shall serve ex officio as non-voting members of the University Council:

a) The President of the University;
b) The Vice President for Academic Affairs;
c) The Vice President for Institutional Advancement;
d) The Vice President for Finance & Management;
e) The Vice President for Planning;
f) The Vice President for Student Affairs;
g) The Dean of the College of Liberal Arts;
h) The Dean of the School of Computer, Mathematical and Natural Sciences;
i) The Dean of the School of Business and Management;
j) The Dean of the School of Education and Urban Studies;
k) The Dean of the School of Engineering;
l) The Dean of the School of Graduate Studies;
m) The Director of Continuing Education;
n) The Director of Library Services;
o) The Director of the Institute of Architecture and Planning; and
p) The Director of the Institute of Transportation.

Section 3: Voting Members. The following persons shall serve as voting members of the University Council:

a) Twenty faculty members, four of whom shall come from each of the University's five instructional units (the College of Liberal Arts, the School of Business and Management, the School of Education and Urban Studies, the School of Engineering (including the Institute of Transportation and the Institute of Architecture and Planning), and the School of Computer, Mathematical and Natural Sciences) in accordance with Article 3. At least one of the representatives from each of the five instructional units shall be involved in the Graduate School program.
b) Five members of the University's Professional Administrative Staff in accordance with Article 3;
c) Two members of the University's classified employees in accordance with Article 3; and
d) Three students in accordance with Article 3.

ARTICLE 3

QUALIFICATIONS AND SELECTION OF UNIVERSITY COUNCIL MEMBERS

Section 1: Faculty Members. All full-time faculty members holding either instructional appointments (Instructor, Assistant Professor, Associate Professor, or Professor) or non-instructional appointments (Research Assistant, Assistant Researcher, Associate Researcher, or Senior Researcher) are eligible both to serve as members of the University Council and to participate in the election of faculty members of the University Council.

In the Spring Semester of each even-numbered calendar year, the eligible faculty of each of the University's five instructional units shall elect from among its members two persons to serve as members of the University Council, and each person elected shall serve for a term of two years commencing July 1 of the year in which the election is held and ending June 30 of the next-succeeding even-numbered year. In the Spring semester of each odd-numbered year, eligible faculty of each of the five instructional units shall elect from among its number two persons to serve as members of the University Council, and each person elected shall serve for a term of two years, commencing July 1 of the year in which the election is held and ending June 30 of the next succeeding odd-numbered year.

Notwithstanding the election schedule provided above, the following election schedule shall be implemented to allow the odd/even year rotation to be phased in and fully implemented, effective July 1993: In the Spring of 1993, the eligible faculty of the College of Liberal Arts, the School of Business and Management, the School of Computer, Mathematical and Natural Sciences, the School of Education and Urban Affairs, and the School of Engineering shall elect from among its members, four persons to serve as members of the University Council. Two of the persons elected from each instructional unit shall serve for a term of two years commencing on July 1, 1992, and ending June 30, 1993. By, lot, two of the four persons elected in each school during the Spring semester 1992, shall be designated to serve one-year terms. Thereafter, all representatives from each instructional unit will be elected in the even-year and two in the odd-year.

Section 2: Professional Administrative Staff Members. All full-time University employees who are members in good standing of the Professional Administrative Staff are eligible both to serve as members of the University Council and to participate in the election of Professional Administrative Staff members of the University Council. In the first Spring Semester following the adoption of the Constitution/By-Laws, eligible members of the Professional Administrative Staff shall elect from their number five persons to serve as members of the University Council for terms commencing July 1 of the year in which the election is held. By lot, two of the five persons elected shall be designated to serve one-year terms. With the exception of those two persons, all terms shall be for two years. Three persons shall thereafter be elected for terms commencing in even-numbered years and two persons shall thereafter be elected in terms commencing in odd numbered years.

Section 3: Classified Employees. All full-time University employees who are employed in classified positions are eligible both to serve as members of the University Council and to participate in the election of members of the University Council. In the first Spring semester following the adoption of this Constitution/By-Laws, eligible members of the classified employees shall elect from their number two persons to serve as members of the University Council for terms commencing July 1 of the year in which the election is held. By lot, one of the two persons elected shall be designated to serve a one-year term. With the exception of the person, all terms shall be for two years, with one person thereafter elected each year.

Section 4: Student Members. All full-time and part-time students at the University who are in good standing are eligible to participate in the election of student members of the University Council. Three students shall serve as members of the University Council. One shall be the President of the Student Government Association, who shall serve as a member of the University Council for as long as he or she holds the office of President. The other two shall be elected during the Spring semester of each academic year for terms commencing July 1 following election. One elected student shall be a full-time undergraduate student who has accrued a minimum grade point average of 2.60, completed at least fifty-six credit hours of academic work at the University, and been enrolled at the University for at least two consecutive semesters. The other elected student shall be a graduate student enrolled in a degree-granting graduate program at the University. The term of each elected member shall be for one year commencing July 1 of the year in which the election is held and ending June 30 of the next year.

Section 5: Consecutive terms. An ex officio member of the University Council shall serve as a member as long as he or she holds the office by virtue of which such person qualifies for membership on the University Council. Other than an ex officio member, no person shall serve more than two consecutive terms as an elected member of the University Council. A person who is not a member of the University Council for the equivalent of one full term is thereafter eligible for election to as many as two consecutive elected terms, regardless of the cumulative number of terms previously served. For purposes of this section, a member who by lot or otherwise is elected to an initial term of less than two years shall be deemed to have served a full term at the expiration of the initial term.

Section 6: Vacancies. Whenever a vacancy occurs because of a voting member's resignation, removal, disqualification, or death, the Chairperson of the University Council shall appoint a qualified substitute member to serve the unexpired portion of the term. The substitute member shall satisfy any eligibility criteria that the predecessor satisfied. A member of the University Council may be removed for cause, provided that (i) the cause is specified in writing and given to all members of the University Council no less than fourteen days prior to a regularly scheduled meeting of the University Council, and (ii) not less than two-thirds of the members present at such meeting vote to remove the member.

ARTICLE 4

OFFICERS OF THE UNIVERSITY COUNCIL

Section 1: Election of School Representatives. Schools shall hold their elections in March of each year to insure that their elected representatives be presented to the University Council during the month of April in order for the new representatives to become members of the Council at its last meeting in June.

Section 1A: Election of Officers. At its last meeting before June 30 of each year, the University Council shall elect from among its members three officers: a Chairperson, Vice Chairperson, and Secretary. Each new officer shall serve until June 30 of the year following election. Only voting members of the University Council are eligible to serve as officers. All officers are eligible for reelection.

Section 2: Chairperson. The Chairperson shall preside at meetings of the University Council; appoint, after consultation with members, the chairpersons and members of standing and special committees and serve as an ex officio member of all such committees; appoint substitute members to fill unexpired terms; fix the time and place for meetings of the University Council; and make any procedural or parliamentary rulings necessary for the efficient conduct of business. The Chairperson may, at his or her discretion, appoint a member to serve as Parliamentarian for the purpose of providing advice on the construction or application of parliamentary rules of order. The Parliamentarian shall serve in that capacity at the pleasure of the Chairperson.

Section 3: Vice-Chairperson. The Vice Chairperson shall preside at meetings of the University Council in the absence of the Chairperson; and perform any other functions or duties assigned by the Chairperson.

Section 4: Secretary. The Secretary shall assume responsibility for the recording and transcription of minutes within seven (7) days of each meeting of the University Council and the distribution of minutes to members; prepare the notice and agenda for each meeting of the University Council; act as custodian of all papers and files of the University Council and its standing and special committees; and prepare the Annual Report of the University Council, which shall be submitted to the President of the University and the Board of Regents after the last regular meeting of the University Council each academic year.

ARTICLE 5

MEETINGS OF THE UNIVERSITY COUNCIL

Section 1: Regular Meetings. The University Council shall meet in regular session at least four times annually at such time and place as shall be determined by the Chairperson. As soon as practicable after each election, the Chairperson shall cause to be published in the official University communications medium a notice of the time and place of regular University Council meetings for the upcoming academic year. At least one regular meeting shall be scheduled for each calendar quarter.

Section 2: Special Meetings. The Chairperson may call a special meeting as required at such time and place as shall be determined by the Chairperson. The Chairperson shall be responsible for informing the members of the University Council in the notice of the special meeting of the subject matter of the special meeting. A special meeting shall also be convened if two-thirds of the voting members of the University Council request by written notice to the Chairperson that a special meeting be held. The written notice to the Chairperson shall specify the subject matter of the special meeting. The Chairperson shall schedule a special meeting as promptly as possible upon at least three days' written notice to each member.

Section 3: Notice. The Secretary shall give written notice to each member of the University Council at least fourteen days in advance of the regular meetings and at least three days in advance of special meetings. The notice shall specify the time and place of the meeting, the nature of the meeting (regular or special), the agenda, and, for special meetings, the subject matter of the special meeting.

Section 4: Quorum. A majority of the voting members constitutes a quorum for the conduct of business. Voting by proxy or assignment shall not be permitted.

Section 5: Conduct of Business. The University Council, when meeting in regular or special session, shall conduct its deliberations in open session; except that, to the extent required or permitted by law, the University Council may meet in closed session. If any person who is not a member of the University Council wishes to address the Council at a regular or special meeting, such person must request and receive the Chairperson's permission at least forty-eight hours prior to the commencement of the meeting. The Chairperson may attach conditions or limitations to such permission. To the extent feasible, Robert's Rules of Order shall govern the conduct of meetings. Voting shall be by voice, unless a member requests a recorded vote. A recorded vote shall be by show of hands, and the minutes shall reflect the final tally and the votes of the individual members. Unless otherwise specified in this Constitution/By -Laws, all votes shall be decided by a simple majority of the voting members present and casting votes.

ARTICLE 6

COMMITTEES OF THE UNIVERSITY COUNCIL

Section 1: Committees in General. There shall be three categories of committees of the University Council: executive, standing, and special. Only members of the University Council are eligible to serve on committees except as specifically noted herein. The Chairperson of the University Council, after consultation with the members of the University Council, shall appoint chairpersons and members of standing and special committees, and shall endeavor (subject to the limitations imposed in succeeding sections of this Article) to appoint to each committee at least one ex officio member, one faculty member, one Professional Administrative Staff member, one classified employee, and one student member. Only faculty members and Professional Administrative Staff members are eligible to serve as chairpersons of standing or special committees. One member shall not serve simultaneously as chairperson of more than one committee.

Section 2: Executive Committee. The Executive Committee shall be composed of the three elected officers of the University Council (the Chairperson, Vice Chairperson, and Secretary) and the chairpersons of the standing committees. The President of the University shall serve as ex officio non-voting member. The Chairperson of the University Council shall serve as chairperson of the Executive Committee. The Executive Committee shall meet as required when the University Council is not in session and shall act for the University Council on urgent or pressing matters that cannot await consideration by the University Council in regular or special session. The Executive Committee shall determine the agenda of the regular meetings; assign matters to standing committees; make recommendations with respect to proposed amendments to this Constitution/By-Laws; and advise the President of the University on matters that do not come within the purview of one of the standing or special committees.

Section 3: Standing Committees. The standing committees of the University Council shall be:

a) The Academic and Student Affairs Committee;
b) The Budget and Finance Committee;
c) The Physical Plant Committee;
d) The Athletic Committee; and
e) The University Professional Welfare Committee.

The chairperson of each standing committee shall be responsible for scheduling meetings; providing notice to committee members of meeting times, dates, locations, and agendas; preparing and preserving minutes of committee meetings; presiding at committee meetings; and preparing and presenting reports to the University Council on the activities, conclusions, and recommendations of the committee. Committees shall endeavor to meet at least once prior to each meeting of the University Council.

Section 4: Academic and Student Affairs Committee. The Academic and Student Affairs Committee shall consider matters relating to undergraduate and graduate academic instruction at the University. The Committee shall make appropriate recommendations on academic course offerings; accreditation and certification of degree programs; policies concerning employment, promotion, and tenure of faculty; policies concerning recruitment and retention of students; policies concerning adequacy and utilization of library and instructional media resources; official University publications such as the University Catalog, the University Calendar, and the Faculty Handbook; and policies concerning non-academic matters related to student welfare. The committee shall not review, become involved in, or make recommendations concerning the employment, promotion, tenure, or grievances of particular University employees or the academic standing or discipline of particular University students. The Vice President for Academic Affairs and the Vice President for Student Affairs shall serve as ex officio, non- voting members of the committee.

Section 5: Budget and Finance Committee. The Budget and Finance Committee shall consider matters relating to the business and financial policies and practices of the University and the formulation of the University's operating and capital budgets. The Vice President for Finance and Management shall serve as an ex officio, non-voting member of the Committee.

Section 6: Physical Plant Committee. The Physical Plant Committee shall consider matters relating to the property management policies of the University.

Section 7: Athletic Committee. The Athletic Committee shall consider matters relating to the operation of the University's intercollegiate and intramural athletic programs. Faculty representatives to the National Collegiate Athletic Association (NCAA) will be ex-officio members of the Athletic Committee.

Section 8: University Professional Welfare Committee. Membership on the University Professional Welfare Committee shall be limited to senior-level faculty, Professional Administrative Staff, and classified employees. The committee shall develop and administer standards and procedures for the mediation and adjudication of grievance by members of the University community. Standards and procedures developed by the committee shall be reviewed by the Office of the Attorney General and approved by the University Council, the President of the University and the Board of Regents prior to implementation.

Section 9: Special Committees. The Chairperson of the University Council may appoint special committees to consider matters of a temporary, special, or unusual nature not coming within the purview of a standing committee. The chairperson of a special committee shall have the same responsibilities as those of the chairperson of a standing committee as set forth in Section 3 of this Article.

ARTICLE 7

ADOPTION AND AMENDMENT

Section 1: Adoption. This Constitution/By-Laws shall become effective upon approval by the Board of Regents and shall remain in effect until disapproved by the Board of Regents.

Section 2: Amendment. This Constitution/By -laws may be amended in whole or in part by a two-thirds majority of all voting members of the University Council at any meeting of the University Council; provided, however, that (a) the text of the proposed amendment shall be sent in written form to all members of the University Council no less than thirty days prior to such meeting, and (b) the proposed amendment is approved by the President and the Board of Regents before taking effect.

University Council Constitution/By-Laws

BOR approved on November 19, 1987, Vol 80 - 7
BOR Amendment approved on May 17, 1990, Volume 80-9
BOR Amendment approved on May 13, 1992, Volume 90 - 1
BOR Amendment approved on March 15, 1995, Volume 90 - 4
BOR Amendment approved on May 11, 1999, Volume ______