FCG Chapter 29 Amendment of the Faculty Code

Section 29-31 Provisions Subject to Amendment

Provisions of the Faculty Code may be amended as provided in this chapter.
Subsection A of this section applies to all regularly enacted sections in Chapters 21 through 29 of this edition of the Faculty Code. Such sections are those properly numbered -31 and higher, as specified in the Introduction to the Faculty Code and Governance.

Section 13-31, April 16, 1956; S-A 73, May 24, 1985: both with Presidential approval; RC, December 4, 2013; S-A 157, June 29, 2021 with Presidential approval.

Section 29-32 Introduction of Amendments

A proposal for amendment of the Faculty Code may be introduced in writing at any meeting of the Faculty Senate by a member of the Senate or by the Senate Executive Committee.
When requested in writing to do so by 1% or more voting members of the faculty, the Executive Committee shall introduce a proposed amendment of the Faculty Code which has been submitted to it in appropriate written form.
A proposal for amendment of the Faculty Code shall be in the form of a resolution by the Senate to submit the proposal to the faculty for approval or rejection. It shall be filed in triplicate with the Secretary of the Faculty.

Section 13-31, April 16, 1956; S-A 35, June 17, 1970; S-A 73, May 24, 1985: all with Presidential approval.

Section 29-33 Initial Senate Action on Amendments

Upon introduction of a proposal to amend the Faculty Code, the question before the Senate shall be whether the amendment shall be submitted to the faculty for approval or rejection.
When such a proposal is introduced, Senate procedure shall be as follows:
1. Unless the proposal is printed in the Senate agenda, it shall be read in full;
2. The proposal shall be subject to amendment by the Senate and to any subsidiary motion;
3. If, after consideration of amendments and disposition of subsidiary motions, the proposal is still before the Senate, final action upon the question of referral to the faculty shall not be taken. Instead, the Chair shall refer the proposal, as amended, to the Executive Committee.
When a proposal for amendment has been so referred to the Executive Committee, the Secretary shall immediately deliver a copy of it to the President and to the Advisory Committee on Faculty Code and Regulations.
The President shall consider the proposed amendment and within 14 days shall notify the Executive Committee of the President’s approval or disapproval of the proposal. If the President disapproves it, reasons for so doing shall be stated.
The Advisory Committee on Faculty Code and Regulations shall:
1. Examine the proposed amendment, with reference only to its form and its consistency with other provisions of the Faculty Code, relevant statutes, resolutions, and executive orders; and
2. Report to the Executive Committee at its next regular meeting any suggestions which may arise from its examination of the proposal.

Section 13-31, April 16, 1956; S-A 29, June 8, 1964; S-A 73, May 24, 1985; S-A 164, May 9, 2023: all with Presidential approval.

Section 29-34 Executive Committee and Senate Consideration of Amendments

After a proposal for amendment of the Faculty Code has been referred to it by the Senate, the Executive Committee at its next meeting:
1. Shall consider any statement of the President concerning the proposal;
2. Shall consider suggestions of the Advisory Committee on Faculty Code and Regulations;
3. May make such changes in the form and substance of the proposal as it deems necessary:
  1. To make the proposal conform with the organization and style of the Faculty Code, and
  2. To avoid conflict with statutes, resolutions of the Regents, and executive orders, or with other provisions of the Faculty Code, and
  3. To avoid disapproval of the proposal by the President.
The Executive Committee may submit to the Senate either:
1. The proposal for amendment in the form in which the committee received it, or
2. Both:
  1. The proposal in the form in which the committee received it, and
  2. An alternate proposal embodying changes authorized by Subsection A.3 of this section.
The Executive Committee shall place the proposal or proposals for amendment on the agenda either of a special Senate meeting or of the next regular Senate meeting.
If the Executive Committee submits an alternate proposal under the provisions of Subsection B.2 of this section, the first question before the Senate shall be whether it approves or disapproves submission to the faculty of the alternate proposal. If the Senate rejects the alternate proposal, or if the Executive Committee has not submitted an alternate proposal, the Senate shall then approve or disapprove the proposal originally referred by it to the Executive Committee.
In the event the Senate disapproves both the proposal originally referred by it to the Executive Committee and any alternate proposal submitted under the provisions of Subsection B.2 of this section, it may consider additional amendments and refer them to the Executive Committee under the provisions of Section 29-33, Subsections B.2, B.3, C, D, E.1, and E.2. The Executive Committee shall consider these additional amendments under the provisions of Subsection A of this section and may resubmit to the Senate the additional amendments or an alternate proposal thereto under the provisions of Subsection B of this section. The Executive Committee shall place the additional amendments and any alternate proposal on the agenda either of a special Senate meeting or the next regular Senate meeting for final consideration. At this meeting, Senate consideration shall follow the procedure of Subsection D of this section. In the event the Senate disapproves both the additional amendments and any alternate proposal, the matter is ineligible for further consideration except by reintroducing it according to the provisions of Section 29-32.

Section 13-31, April 16, 1956; S-A 29, June 8, 1964; S-A 70, December 1, 1984; S-A 73, May 24, 1985; S-A 157, June 29, 2021; S-A 160, July 20, 2022: all with Presidential approval.

Section 29-35 Senate Vote on Amendments

An affirmative majority vote of those present and voting at the meeting of the Senate is required to submit a proposed amendment of the Faculty Code to the University faculty.

Section 13-31, April 16, 1956; S-A 70, December 1, 1984; S-A 73, May 24, 1985: all with Presidential approval.

Section 29-36 Faculty Vote on Amendments

Within seven calendar days after the Senate approves a proposed amendment to the Faculty Code, the Secretary shall send to each voting member of the faculty:
1. A statement:
  1. Setting forth the text of the proposed amendment;
  2. Presenting the arguments for the amendment and, if any, the arguments against it; and
  3. Specifying the final date upon which ballots may be cast; and
2. A ballot upon which a vote may be cast either for or against the proposal.
Not less than two calendar days nor more than five calendar days before the end of the voting period, the Secretary shall send a reminder about the voting deadline to voting members who have not yet voted.
Following the voting instructions provided by the Secretary, eligible faculty shall vote on the proposed amendment within 14 days of its publication in a Class A Bulletin. In the Spring Quarter, such Class A Bulletin shall be published no later than June 1. Winter and Spring breaks shall not be counted in the 14 day period.
To become effective, a proposed amendment to the Faculty Code shall require either an affirmative majority vote of the eligible voting members of the faculty, or a two-thirds majority vote of those casting ballots.

Section 13-31, April 16, 1956; S-A 70, December 1, 1984; S-A 73, May 24, 1985; S-A 88, May 25, 1993; S-A 110, July 9, 2003; S-A 151, April 22, 2021; S-A 169, July 17, 2023; S-A 174, May 30, 2024: all with Presidential approval.

Section 29-37 President’s Action on Amendments

When a proposal for amendment has been approved by the faculty under the provisions of Section 29-36:
1. The Chair shall immediately certify on a copy of the proposed amendment that a majority of the voting members of the faculty have approved it, and
2. The Secretary shall then deliver this copy to the President with a notation upon it of the date of delivery, and
3. The Secretary shall retain a copy and shall note upon it the date of delivery to the President.
Within 14 days of delivery of a certified copy of the proposed amendment, the President, if the President approves or disapproves the proposal shall:
1. Endorse approval or disapproval upon it;
2. Note upon it the date of action; and
3. Deliver the certified copy so endorsed to the Secretary, who shall file it as a permanent record.
If the President disapproves the proposed amendment:
1. It is inoperative and of no effect, and
2. The President shall present to the Executive Committee, for the information of the Senate at its next regular meeting, a statement of the reasons for disapproval.
If the President neither approves nor disapproves the proposed amendment within the 14-day period:
1. The amendment is effective as provided in Section 29-38, Subsection A; unless
2. The President determines that the amendment requires additional consideration and, before expiration of the 14-day period, so notifies the Chair and the Secretary of the Faculty.

Section 13-31, April 16, 1956; S-A 73, May 24, 1985; S-A 164, May 9, 2023: both with Presidential approval.

Section 29-38 Effective Date of Amendments

An amendment of the Faculty Code which has been approved by the faculty is effective either:
1. On the date of its approval by the President; or
2. If the President neither approves nor disapproves it and does not give notice of additional consideration under the provisions of Section 29-37, Subsection D.2, on the 15^th day following delivery of the certified copy prescribed in Section 29-37, Subsection A.2.
An amendment of the Faculty Code is operative upon its effective date unless it is expressly made operative upon another date by a provision contained in the amendment.
At the next regular meeting of the Senate the Chair shall announce the vote of the faculty and the action, if any, of the President upon the proposed amendment. If the amendment is effective the Chair shall announce the date upon which it became or will become operative.

Section 13-31, April 16, 1956; S-A 73, May 24, 1985: both with Presidential approval.

Section 29-39 Housekeeping Changes to the Faculty Code

A housekeeping change is a permanent modification of the Faculty Code for one of the following purposes.
1. To correct inaccurately transcribed text of the Faculty Code, including amendments, or
2. To update names of officials or addresses.
Housekeeping changes may be proposed by the Secretary of the Faculty and are subject to approval by a majority vote of the Senate Executive Committee. They become effective immediately upon such approval.

S-A 157, June 29, 2021 with Presidential approval.

Section 29-40 Temporary Amendments to the Faculty Code

A temporary amendment is a time-limited modification of the Faculty Code for one of the following purposes:
1. To meet a deadline to comply with federal, state, or local laws or regulations, or
2. To address a state of emergency declared by the Governor.
Temporary amendments may be proposed by the Chair of the Senate or by the President and are subject to approval by a majority vote of the Senate Executive Committee. They become effective immediately upon such approval.
Every temporary amendment must have an explicit expiration date. Ordinarily, the expiration date will be 60 days after the second Senate meeting following the Executive Committee’s action. When a temporary amendment is enacted, the Executive Committee may set an earlier expiration date.
At the first Senate meeting following the Executive Committee’s approval of a temporary amendment, the Senate must take one of the following actions on the amendment by majority vote:
1. Affirm the temporary amendment with the original expiration date;
2. Repeal the temporary amendment; or
3. Modify the expiration date to a date no more than 180 days after the meeting.
At any subsequent meeting of the Senate while the temporary amendment is still in effect, the Senate may, by majority vote, repeal the temporary amendment or further modify its expiration date to a time no more than 180 days after the meeting.
To enact any other modification of a temporary amendment, move the expiration date beyond the limits specified in Subsections D and E above, or convert a temporary amendment to a permanent amendment, the procedures outlined in Sections 29-32 through 29-38 must be followed.