West Valley College Academic Senate

Constitution and ByLaws

Constitution

Article I

Name

The name of the representative body of all faculty (Regular, Contract, & Associate) assigned to West Valley College shall be the West Valley College Academic Senate, hereafter designated as the Academic Senate.

Article II

Purpose

The purpose of the Academic Senate, in cooperation with the District Academic Senate, is to make recommendations to the administration of the college and the District's Board of Trustees as the representative body for the West Valley College faculty and to participate in decisions with regard to educational policy, to include, but not be limited to matters of curriculum, instruction, budget planning, research, student requirements, and other professional concerns. Specifically excluded are those matters that fall under the scope of representation for collective bargaining in accordance with the California Administrative Code, Title 5: Education, Subchapter 2, Sections 53200-53205, and the eleven areas of responsibility as outlined in AB 1725 and the WVMCCD approved District Shared Governance Policy.

Article III

Membership

Section 1:

Membership of the Academic Senate shall be open to currently employed Faculty Members (Regular Faculty and Contract Faculty) and the Associate Faculty.

Section 2:

The Academic Senate shall be composed of:

A. One faculty member selected by his/her peers from each academic area as defined by the Academic Senate in conjunction with the existing organizational structure of the college.

B. One faculty member from the Library or other non-instructional area excluding student services.

C. One faculty member from Student Services Division.

D. One faculty member elected at large.

E. Two Associate faculty members elected at large by a majority of the Associate Faculty members who vote, or, in the event that there are only two candidates, appointed by the Academic Senate.

F. The President.

G. One faculty member elected by a majority of faculty to serve as President-elect in the second semester of the second year of the president’s two-year term.

H. The immediate past-president who serves for one semester following his/her term of office.

I. One student, ex officio, selected by the Associated Student Body for a one year term.

Section 3:

The term of membership shall be as follows:

A. The president shall serve for a two-year term beginning June 1st.

B. The president-elect shall serve for a one semester term during the second year of the president’s two-year term of office.

C. The immediate past president shall serve for a one semester term following his/her two year term of office.

D. Senators of the Academic Senate shall serve for a two year term, beginning with the start of the academic year. Members may be elected to serve additional terms.

E. Senators may be recalled by a majority vote of the constituency that elected them.

F. If an Associate Faculty Senator no longer has an assignment during his/her term of office, an election will be held for a replacement to complete the term.

G. The Senate shall declare vacant, and by such action, terminate the office and term of office of any Senator who shall resign, be terminated, or who shall be absent from three consecutive regular meetings of the Academic Senate without such prior excuse as shall be deemed reasonable by the majority of the Senate.

H. Vacancies will be filled immediately by special election within the represented areas, except for the Presidency, which will be filled by the Vice President. Should this presidential vacancy occur during the first year of the president’s term, the vice-president will serve only until the end of that academic year at which time a new president shall be elected by the membership to serve for a two-year term.

Article IV

Senate Positions

Section 1: President

A. The President of the Academic Senate, having served as President-elect, shall assume the responsibilities as Academic Senate President on June 1st following his/her term of office as President elect and serve for two academic years.

B. The President shall preside at all meetings of the Academic Senate and serve as spokesperson for the Academic Senate and the faculty.

C. The President shall serve as co-chairperson of the District Academic Senate.

D. The President, along with the President of the Mission College Academic Senate, shall serve as the representative of the faculty at the District Board of Trustee's meetings and will sit at the Table at Board meetings.

E. The President shall vote only in case of a tie vote in order to break that tie vote.

F. The President will fulfill his/her responsibilities as specified within the ACE Contract and negotiated between ACE and the District.

Section 2: Vice-President

A. A Vice-President shall be selected by the Academic Senate from among its members at the start of the academic year.

B. The term of office of the Vice-President shall be for one academic year.

C. The Vice-President shall substitute for the President in his/her absence and assist in any or all duties/responsibilities of the President.

D. If an Academic Senate President cannot serve as co-chairperson of the District Academic Senate, then the Academic Senate Vice-President of that Academic Senate becomes the District Academic Senate co-chairperson.

E. The Vice-President shall have full voting privileges at the Academic Senate meetings.

F. Should the Vice-Presidency become vacant, a new Vice-President shall be selected at that time by the Academic Senate from among its members.

Section 3: Senators

A. The Senators represent the faculty of their respective academic area, Library, and Student Services Division unit in all matters coming before the Senate.

B. Senators are expected to attend all regularly scheduled meetings.

C. Senators are responsible for developing a process of communication between the Senate and the unit they represent.

Article V

Functions

Section 1: The functions of the Academic Senate shall be to:

A. Serve as the official representative body of the faculty of West Valley College.

B Inform and seek input to/from the faculty they represent as defined in Article III, Section I.

C. Make recommendations to the college President and other officials of the college regarding educational policies, procedures, curriculum and other professional matters as outlined and defined in AB 1725.

D. Appoint and/or approve the appointment of all faculty members serving on district or college committees that require faculty representation, (except those elected positions defined in the Shared Governance Policy or committees under the purview of Departments/Divisions or as defined in the ACE agreement.) The appointed committee members shall be responsible to and shall maintain communication with the Academic Senate.

E. Establish such standing, special, or ad hoc committees that the Academic Senate deems necessary to adequately participate in the formation of college policies on academic and professional matters.

F. The following committees are currently standing committees of the Academic Senate and are responsible to the Academic Senate:

1. Commencement Committee

2. Curriculum Committee

3. Flex Committee within the Staff Development Committee

G. Work in cooperation with the Mission College Academic Senate and to promote effective communication between the two colleges and achieve common goals..

H. Participate in the Shared Governance Plan structure.

Article VI

Meetings, Agendas, & Minutes

Section 1: Regular Meetings and Agendas

The Academic Senate shall schedule and conduct a minimum of five (5) regular meetings per semester. Written agendas shall be distributed to all Regular Faculty and a copy posted in each division office for Associate Faculty at least three days in advance of a meeting as required by the Brown Act.

Section 2: Special Meetings

Special meetings may be called by the President or by the written request of 10% of the West Valley College Regular Faculty. A written notice of a special meeting and its agenda shall be distributed by the President to all Regular Faculty and a copy posted in each division office for Associate Faculty at least one day prior to the special meeting as required by the Brown Act.

Section 3: Minutes

The President shall be responsible for seeing that the minutes of each meeting are recorded and distributed to all Regular Faculty and a copy posted in each division office for Associate Faculty within two weeks.

Article VII

Procedures

Section 1:

The Academic Senate is hereby empowered to make rules governing its own internal organization and procedures, subject to the following:

A. A majority of the Academic Senate members must be present to open a meeting and constitute a quorum.

B. Any faculty member may attend any meeting and may speak to agendized items or present other issues of concern when recognized by the presiding officer.

C. All actions or recommendations shall be made by majority vote of the Senators present. Should a senator be unable to attend a meeting, an alternate may be selected from his/her academic area. The alternate will assume full responsibility as the senator from that area. If an alternate does not attend, then the senator may submit a proxy vote on a given issue. Proxy votes will be honored. Voting procedures will be determined by the presiding officer unless two or more Senators request a roll-call vote.

D. The Brown Act and Robert's Rules of Order (latest edition) will guide procedures.

Article VIII

Enactment & Amendments

Section 1: Enactment

This constitution will be effective following adoption by a simple majority of those West Valley College faculty members who vote. Officers elected at the first election after enactment of the Constitution and By-laws shall serve their designated terms.

Section 2: Amendments

A. Amendments must be presented to the West Valley College Faculty in writing at least two weeks before a vote is scheduled.

B. An amendment must be adopted by a simple majority of those West Valley College faculty members who vote.

Section 3: Interpretation of the Constitution and ByLaws

Interpretation of any sections of this constitution shall be made by a Senate committee composed of three (3) members of the Senate. The committee will include the President and the Vice-President if the issue does not concern them.

By-Laws

Article I

Elections & Appointments

Section 1: Elections

A. The election for President-elect shall be held in December of the second year of the current President’s term of office.

B. Elections for one faculty member senator at-large shall be held in February and/or in coordination with the timeline for the development of the Fall Class Schedule for the following academic year.

C. Election for two Associate faculty members at-large shall be held at the start of each academic year.

D. Each faculty member's vote is to be counted as one (1) full vote. Associate Faculty may vote in all Senate elections, and each Associate faculty member's vote is to be counted as one-half (1/2 ) vote.

Section 2: Committee Appointments

The Senate as a whole shall be involved in the recruitment and selection of committee appointments, including ad hoc, sub committees, task forces, etc., as needed throughout the academic year. These appointed committee members shall be responsible to and shall maintain communication with the Academic Senate.

Article II

(NOTE: The West Valley College Academic Senate voted to incorporate the following academic freedom statement into its ByLaws on March 16, 1993. With the exception of the first paragraph defining the scope of its coverage at West Valley-Mission Community College District, it is an almost verbatim rewrite of the California State University system's statement with the district name inserted where needed. The CSU statement on Academic Freedom is, in turn, substantially based on the 1940 AAUP Statement of Principles of Academic Freedom and Tenure, while their statement on Professional Ethics is an exact transcription of the 1966 AAUP Statement on Professional Ethics.)

Academic Freedom

Academic freedom in the pursuit and dissemination of knowledge through all media shall be maintained at the West Valley-Mission Community College District. Such freedom shall be recognized as a right of all members of the faculty, whether of tenure or non-tenure rank, of all administrative officers, and of all students.

Academic Freedom and the Common Good

Academic institutions exist for the transmission of knowledge, the pursuit of truth, the development of students, and the general well--being of society. Free inquiry and free expression are indispensable to the attainment of these goals. Recognizing this, the West Valley-Mission Community College District exists to promote these purposes and the common good of the citizens of California and mankind and not to promote the welfare of an individual faculty, an individual department or college, or the institution as a whole.

The freedom of faculty to inquire, to teach, to speak, and to publish contributes very much more to the welfare of their fellow citizens outside the College than to their own good or the good of the campus. As a previous Chancellor of the California State University system, Glenn Dumke, said, the academic community has as one of its oldest functions to serve as "one of the consciences of society." The academic community "is a questioner, a worrier, a critic, and idealist, seeking a better way toward human aspiration and fulfillment." Academic freedom and tenure are essential for excellence in education and, moreover, exist so that society may have the benefits of objective and independent criticism, and honest answers to scientific, social and artistic questions that might otherwise be withheld for fear of offending an influential social group or transient social attitude.

On the most practical level many of the technological innovations of great material value to our society are the results of scientific research that is most effectively carried out in an atmosphere of complete academic freedom. On less tangible levels the social benefits of academic freedom are not so easily identified and accepted, but they are no less real than the material benefits. Free research, teaching, and discussion in political, social, and cultural freedom.

Society is best served when the teacher and the scholar feels free to criticize and advocate change in any theories and beliefs, however widely held, and in any existing social, political, and economic institutions. It is not easy for faculty to dissent and to advocate unpopular ideas; it is almost always to their personal disadvantage to do so; but it is to the advantage of society to encourage them; only thus will society be aware of the full range of social political and cultural choices available to it; and only thus can the democratic ideal be fulfilled.

Academic Freedom and Responsibility

It is recognized that faculty in the West Valley-Mission Community College District must defend and protect academic freedom - however unpleasant and costly to them personally. Earlier citizens of the State of California wisely established institutions of higher education in which the principles of academic freedom were respected; it is the responsibility of all faculty to conserve the integrity of these institutions at whatever sacrifice to their personal tranquillity.

West Valley-Mission Community College District faculty have these further and related responsibilities: to maintain themselves as experts in their fields of competency by study, research, and, where appropriate, publication; to diffuse knowledge and, if possible, to encourage creativity by their teaching; to defend their colleagues and their institution against any threats to the exercise of their responsibilities, whether from within or without the West Valley-Mission Community College District.

From time to time in the history of higher education in California and elsewhere, advocates of particular social, moral, political, or aesthetic positions attempt by violence, lawlessness or political and social pressures to interfere with academic freedom. At such times, West Valley-Mission Community College District faculty have a special responsibility to see that their own actions do not interfere with the freedom of others. They have further responsibility to insist that their institution does not yield to ephemeral passion or heavy community pressures to take hasty actions that may infringe on freedom of expression.

Professional Ethics

Faculty, guided by a deep conviction of the worth and dignity of the advancement of knowledge, recognize the special responsibilities placed upon them. Their primary responsibility to their subject is to seek and to state the truth as they see it. To this end, faculty devote their energies to developing and improving their scholarly competence. They accept the obligation to exercise critical self-discipline and judgment in using, extending, and transmitting knowledge. They practice intellectual honesty. Although faculty may follow subsidiary interests, these interests must never seriously hamper or compromise their freedom of inquiry.

As teachers, faculty encourage the free pursuit of learning in their students. They hold before them the best scholarly and ethical standards of their discipline. Faculty demonstrate respect for students as individuals and adhere to their proper roles as intellectual guides and counselors. Faculty make every reasonable effort to foster honest academic conduct and to assure that their evaluations of students reflect each student's true merit. They respect the confidential nature of the relationship between faculty and student. They avoid any exploitation, harassment, or discriminatory treatment of students. They acknowledge significant academic or scholarly assistance from them. They protect their academic freedom.

As colleagues, faculty have obligations that derive from common membership in the community of scholars. Faculty do not discriminate against or harass colleagues. They respect and defend the free inquiry of associates. In the exchange of criticism and ideas, faculty show due respect for the opinions of others. Faculty acknowledge academic debt and strive to be objective in their professional judgment of colleagues. Faculty accept their share of faculty responsibilities for the governance of their institution.

As members of an academic institution, faculty seek above all to be effective teachers and scholars. Although faculty observe the state regulations of the institution, provided the regulations do not contravene academic freedom, they maintain their right to criticize and seek revision. Faculty give due regard to their paramount responsibilities within their institution in determining the amount and character of work done outside it. When considering the interruption or termination of their service, faculty recognize the effect of the decision upon the program of the institution and give due notice of their intentions.

As members of their community, faculty have the rights and obligations of other citizens. Faculty measure the urgency of these obligations in the light of their responsibilities to their subject, to their students, to their professions, and to their institutions. When they speak or act as private persons they avoid creating the impression of speaking or acting for their college or university. As citizens engaged in a profession that depends upon freedom for its health and integrity, faculty have a particular obligation to promote conditions of free inquiry and to further public understanding of academic freedom.

Adopted April 1999